2010 Revised Code of Washington
Volume 5: Titles 35A through 42


Download as PDF VOLUME 5 Titles 35A through 42 2010 REVISED CODE OF WASHINGTON Published under the authority of chapter 1.08 RCW. Containing all laws of a general and permanent nature through the 2010 special session which adjourned April 13, 2010. (2010 Ed.) [Preface—p i] REVISED CODE OF WASHINGTON 2010 Edition © 2010 State of Washington CERTIFICATE The 2010 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee. MARTY BROWN, Chair STATUTE LAW COMMITTEE PRINTED ON RECYCLABLE MATERIAL For recycling information call: Recycle Hotline 1-800-732-9253 [Preface—p ii] (2010 Ed.) PREFACE Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW 1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits, constitutes a true decimal, and allows for new sections to be inserted between old sections already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving vacant numbers between existing sections so that new sections may be inserted without extension of the section number beyond three digits. Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030. History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in the concluding segments of the source note of each section of the code so affected. The legislative source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the parallel citation in Remington's Revised Code, last published in 1949. Where, before restoration, a section of this code constituted a consolidation of two or more sections of the session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc. Where, before restoration, only a part of a session law section was reflected in a particular RCW section the history note reference is followed by the word "part." "Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification. Double amendments: Some double or other multiple amendments to a section made without reference to each other are set out in the code in smaller (8-point) type. See RCW 1.12.025. Index: Titles 1 through 91 are indexed in the RCW General Index. A separate index is provided for the State Constitution. Sections repealed or decodified; Disposition table: Information concerning RCW sections repealed or decodified can be found in the table entitled "Disposition of former RCW sections." Codification tables: To convert a session law citation to its RCW number (for Laws of 1999 or later) consult the codification tables. A complete codification table, including Remington’s Revised Statutes, is on the Code Reviser web site at http://www.leg.wa.gov/codereviser. Notes: Notes that are more than ten years old have been removed from the print publication of the RCW except when retention has been deemed necessary to preserve the full intent of the law. All notes are displayed in the electronic copy of the RCW on the Code Reviser web site at http://www.leg.wa.gov/codereviser. Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law. (2) Although considerable care has been taken in the production of this code, it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication. (2010 Ed.) [Preface—p iii] TITLES OF THE REVISED CODE OF WASHINGTON 1 46 47 Highways and motor vehicles Motor vehicles Public highways and transportation 48 Insurance 49 50 51 Labor Labor regulations Unemployment compensation Industrial insurance 52 53 54 55 57 Local service districts Fire protection districts Port districts Public utility districts Sanitary districts Water-sewer districts 58 59 60 61 62A 63 64 65 Property rights and incidents Boundaries and plats Landlord and tenant Liens Mortgages, deeds of trust, and real estate contracts Uniform Commercial Code Personal property Real property and conveyances Recording, registration, and legal publication 66 67 68 69 70 71 71A 72 73 74 Public health, safety, and welfare Alcoholic beverage control Sports and recreation—Convention facilities Cemeteries, morgues, and human remains Food, drugs, cosmetics, and poisons Public health and safety Mental illness Developmental disabilities State institutions Veterans and veterans' affairs Public assistance 76 77 78 79 79A Public resources Forests and forest products Fish and wildlife Mines, minerals, and petroleum Public lands Public recreational lands 80 81 Public service Public utilities Transportation 82 83 84 Taxation Excise taxes Estate taxation Property taxes 85 86 87 88 89 90 91 Waters Diking and drainage Flood control Irrigation Navigation and harbor improvements Reclamation, soil conservation, and land settlement Water rights—Environment Waterways General provisions 2 3 4 5 6 7 8 9 9A 10 11 12 13 Judicial Courts of record District courts—Courts of limited jurisdiction Civil procedure Evidence Enforcement of judgments Special proceedings and actions Eminent domain Crimes and punishments Washington Criminal Code Criminal procedure Probate and trust law District courts—Civil procedure Juvenile courts and juvenile offenders 14 Aeronautics 15 16 17 Agriculture Agriculture and marketing Animals and livestock Weeds, rodents, and pests 18 19 20 21 22 Businesses and professions Businesses and professions Business regulations—Miscellaneous Commission merchants—Agricultural products Securities and investments Warehousing and deposits 23 23B 24 25 Corporations, associations, and partnerships Corporations and associations (Profit) Washington business corporation act Corporations and associations (Nonprofit) Partnerships 26 Domestic relations 27 28A 28B 28C Education Libraries, museums, and historical activities Common school provisions Higher education Vocational education 29A Elections 30 31 32 33 Financial institutions Banks and trust companies Miscellaneous loan agencies Mutual savings banks Savings and loan associations 34 35 35A 36 37 38 39 40 41 42 43 44 Government Administrative law Cities and towns Optional Municipal Code Counties Federal areas—Indians Militia and military affairs Public contracts and indebtedness Public documents, records, and publications Public employment, civil service, and pensions Public officers and agencies State government—Executive State government—Legislative [Preface—p iv] (2010 Ed.) Title 35A Title 35A OPTIONAL MUNICIPAL CODE Chapters 35A.01 Interpretation of terms. 35A.02 Procedure for incorporated municipality to become a noncharter code city. 35A.03 Incorporation as noncharter code city. 35A.05 Consolidation of code cities. 35A.06 Adoption and abandonment of noncharter code city classification or plan of government. 35A.07 Procedure for city operating under charter to become a charter code city. 35A.08 Procedure for adoption of charter as charter code city. 35A.09 Amendment or revision of charters of charter code cities. 35A.10 Adoption and abandonment of charter code city classification. 35A.11 Laws governing noncharter code cities and charter code cities—Powers. 35A.12 Mayor-council plan of government. 35A.13 Council-manager plan of government. 35A.14 Annexation by code cities. 35A.15 Disincorporation. 35A.16 Reduction of city limits. 35A.21 Provisions affecting all code cities. 35A.24 Aeronautics. 35A.27 Libraries, museums, and historical activities. 35A.28 Schools. 35A.29 Municipal elections in code cities. 35A.31 Accident claims and funds. 35A.33 Budgets in code cities. 35A.34 Biennial budgets. 35A.35 Intergovernmental relations. 35A.36 Execution of bonds by proxy in code cities. 35A.37 Funds, special purpose. 35A.38 Emergency services. 35A.39 Public documents and records. 35A.40 Fiscal provisions applicable to code cities. 35A.41 Public employment. 35A.42 Public officers and agencies, meetings, duties and powers. 35A.43 Local improvements in code cities. 35A.44 Census. 35A.46 Motor vehicles. 35A.47 Highways and streets. 35A.49 Labor and safety regulations. 35A.56 Local service districts. 35A.57 Inclusion of code cities in metropolitan municipal corporations. 35A.58 Boundaries and plats. 35A.60 Liens. 35A.63 Planning and zoning in code cities. 35A.64 Public property, real and personal. 35A.65 Publication and printing. 35A.66 Health and safety—Alcohol. 35A.67 Recreation and parks. 35A.68 Cemeteries and morgues. 35A.69 Food and drug. 35A.70 Health and safety. (2010 Ed.) 35A.74 35A.79 35A.80 35A.81 35A.82 35A.84 35A.88 35A.90 35A.92 Welfare. Property and materials. Public utilities. Public transportation. Taxation—Excises. Taxation—Property. Harbors and navigation. Construction. Fire departments—Performance measures. Acquisition of open space, land, or rights to future development by counties, cities, or metropolitan municipal corporations, tax levy: RCW 84.34.200 through 84.34.240, 84.52.010. See also RCW 64.04.130. Boundary review board, extension of water and sewer service beyond corporate boundaries to go before: RCW 36.93.090. Credit card use by local governments: RCW 43.09.2855. Labor relations consultants: RCW 43.09.230. Local adopt-a-highway programs: RCW 47.40.105. Municipal business and occupation tax: Chapter 35.102 RCW. Municipalities—Energy audits and efficiency: RCW 43.19.691. Pollution control—Municipal bonding authority: Chapter 70.95A RCW. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. School districts agreements with other governmental entities for transportation of students or the public or for other noncommon school purposes—Limitations: RCW 28A.160.120. Senior citizens programs—Authorization to establish and administer: RCW 36.39.060. Tourism promotion areas: Chapter 35.101 RCW. Chapter 35A.01 Chapter 35A.01 RCW INTERPRETATION OF TERMS Sections 35A.01.010 35A.01.020 35A.01.030 35A.01.035 35A.01.040 35A.01.050 35A.01.060 35A.01.070 Purpose and policy of this title—Interpretation. Noncharter code city. Charter code city. Code city. Sufficiency of petitions. The general law. Optional municipal code—This title. Definitions—Change of plan or classification of municipal government. 35A.01.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. 35A.01.010 Purpose and policy of this title—Interpretation. The purpose and policy of this title is to confer upon two optional classes of cities created hereby the broadest powers of local self-government consistent with the Constitution of this state. Any specific enumeration of municipal powers contained in this title or in any other general law shall not be construed in any way to limit the general description of power contained in this title, and any such specifically enumerated powers shall be construed as in addition and supplementary to the powers conferred in general terms by this title. All grants of municipal power to municipalities electing to be governed under the provisions of this title, whether the grant 35A.01.010 [Title 35A RCW—page 1] 35A.01.020 Title 35A RCW: Optional Municipal Code is in specific terms or in general terms, shall be liberally construed in favor of the municipality. [1967 ex.s. c 119 § 35A.01.010.] 35A.01.020 35A.01.020 Noncharter code city. A noncharter code city is one, regardless of population, which has initially incorporated as a noncharter code city, subject to the provisions of this title, or is an incorporated municipality which has elected, under the procedure prescribed in this title, to be classified as a noncharter code city and to be governed according to the provisions of this title under one of the optional forms of government provided for noncharter code cities. [1967 ex.s. c 119 § 35A.01.020.] 35A.01.030 35A.01.030 Charter code city. A charter code city is one having at least ten thousand inhabitants at the time of its organization or reorganization which has either initially incorporated as a charter code city and has adopted a charter under the procedure prescribed in this title; or which, as an incorporated municipality, has elected to be classified as a charter code city and to be governed according to the provisions of this title and of its adopted charter. [1967 ex.s. c 119 § 35A.01.030.] 35A.01.035 35A.01.035 Code city. The term "code city" means any noncharter code city or charter code city. [1967 ex.s. c 119 § 35A.01.035.] 35A.01.040 35A.01.040 Sufficiency of petitions. Wherever in this title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof: (1) A petition may include any page or group of pages containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as one petition and containing the following essential elements when applicable, except that the elements referred to in (d) and (e) of this subsection are essential for petitions referring or initiating legislative matters to the voters, but are directory as to other petitions: (a) The text or prayer of the petition which shall be a concise statement of the action or relief sought by petitioners and shall include a reference to the applicable state statute or city ordinance, if any; (b) If the petition initiates or refers an ordinance, a true copy thereof; (c) If the petition seeks the annexation, incorporation, withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and if practical, a map of the area; (d) Numbered lines for signatures with space provided beside each signature for the name and address of the signer and the date of signing; (e) The warning statement prescribed in subsection (2) of this section. (2) Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning: [Title 35A RCW—page 2] WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the signer and the date of signing. (3) The term "signer" means any person who signs his or her own name to the petition. (4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the case may be, in the number required by the applicable statute or ordinance. Within three working days after the filing of a petition, the officer with whom the petition is filed shall transmit the petition to the county auditor for petitions signed by registered voters, or to the county assessor for petitions signed by property owners for determination of sufficiency. The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the officer receiving the petition for filing a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn. (5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved. (6) A variation on petitions between the signatures on the petition and that on the voter’s permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same. (7) Signatures, including the original, of any person who has signed a petition two or more times shall be stricken. (8) Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken. (9) When petitions are required to be signed by the owners of property, the determination shall be made by the county assessor. Where validation of signatures to the petition is required, the following shall apply: (a) The signature of a record owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse; (2010 Ed.) Interpretation of Terms (b) In the case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse; (c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor, shall be deemed sufficient, without the signature of his or her spouse; (d) Any officer of a corporation owning land within the area involved who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign on behalf of such corporation, and shall attach to the petition a certified excerpt from the bylaws of such corporation showing such authority; (e) When the petition seeks annexation, any officer of a corporation owning land within the area involved, who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign under oath on behalf of such corporation. If an officer signs the petition, he or she must attach an affidavit stating that he or she is duly authorized to sign the petition on behalf of such corporation; (f) When property stands in the name of a deceased person or any person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property; and (g) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple owners is sufficient. (10) The officer or officers responsible for determining the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed. [2008 c 196 § 2; 2003 c 331 § 9; 1996 c 286 § 7; 1985 c 281 § 26; 1967 ex.s. c 119 § 35A.01.040.] Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410. Additional notes found at www.leg.wa.gov 35A.01.050 The general law. For the purposes of this optional municipal code, "the general law" means any provision of state law, not inconsistent with this title, enacted before or after the enactment of this title, which is by its terms applicable or available to all cities or towns. Except when expressly provided to the contrary, whenever in this optional municipal code reference is made to "the general law", or to specific provisions of the Revised Code of Washington, it shall mean "the general law, or such specific provisions of the Revised Code of Washington as now enacted or as the same m a y h e r e a f ter be a m e n d e d " . [ 1 9 6 7 e x . s . c 1 1 9 § 35A.01.050.] 35A.01.050 35A.01.060 Optional municipal code—This title. References contained in this title to "Optional Municipal Code", "this title", "this code" or to any specific chapter, section, or provision thereof shall refer to the whole or appropriate part of Title 35A RCW, as now or hereafter amended. [1967 ex.s. c 119 § 35A.01.060.] 35A.01.060 35A.01.070 Definitions—Change of plan or classification of municipal government. Where used in this title 35A.01.070 (2010 Ed.) 35A.01.900 with reference to procedures established by this title in regard to a change of plan or classification of government, unless a different meaning is plainly required by the context: (1) "Classify" means a change from a city of the first or second class, an unclassified city, or a town, to a code city. (2) "Classification" means either that portion of the general law under which a city or a town operates under Title 35 RCW as a first or second-class city, unclassified city, or town, or otherwise as a code city. (3) "Organize" means to provide for officers after becoming a code city, under the same general plan of government under which the city operated prior to becoming a code city, pursuant to RCW 35A.02.055. (4) "Organization" means the general plan of government under which a city operates. (5) "Plan of government" means a mayor-council form of government under chapter 35A.12 RCW, council-manager form of government under chapter 35A.13 RCW, or a mayorcouncil, council-manager, or commission form of government in general that is retained by a noncharter code city as provided in RCW 35A.02.130, without regard to variations in the number of elective offices or whether officers are elective or appointive. (6) "Reclassify" means changing from a code city to the classification, if any, held by such a city immediately prior to becoming a code city. (7) "Reclassification" means changing from city or town operating under Title 35 RCW to a city operating under Title 35A RCW, or vice versa; a change in classification. (8) "Reorganize" means changing the plan of government under which a city or town operates to a different general plan of government. A city or town shall not be deemed to have reorganized simply by increasing or decreasing the number of members of its legislative body. (9) "Reorganization" means a change in general plan of government under which a city operates, but an increase or decrease in the number of members of its legislative body shall not be deemed to constitute a reorganization. [2001 c 33 § 1. Prior: 1994 c 223 § 24; 1994 c 81 § 66; 1979 ex.s. c 18 § 1.] Additional notes found at www.leg.wa.gov 35A.01.900 35A.01.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 § 80.] [Title 35A RCW—page 3] Chapter 35A.02 Chapter 35A.02 Title 35A RCW: Optional Municipal Code Chapter 35A.02 RCW PROCEDURE FOR INCORPORATED MUNICIPALITY TO BECOME A NONCHARTER CODE CITY Sections 35A.02.010 35A.02.020 35A.02.025 35A.02.030 35A.02.035 35A.02.040 35A.02.050 35A.02.055 35A.02.060 35A.02.070 35A.02.080 35A.02.090 35A.02.120 35A.02.130 35A.02.140 Adoption of noncharter code city classification authorized. Petition method—Direct. Referendum. Resolution method. Referendum. Certification of ordinance—Transcript of record to secretary of state. Election of new officers. Election of new officers—Exception where same general plan of government is retained. Petition for election. Resolution for election. Election of officers upon approval of plan of government by voters. Alternative plan of government. Effective date of reclassification and reorganization. Adoption of classification of noncharter code city without change of governmental plan. Petition or resolution pending—Restriction—Exception. Incorporation subject to approval by boundary review board: RCW 36.93.090. cause such resolution to be published at least once in a newspaper of general circulation within the city or town not later than ten days after the passage of the resolution. Upon the expiration of the ninetieth day from, but excluding the date of, first publication of the resolution, if no timely and sufficient referendum petition has been filed pursuant to RCW 35A.02.025, as now or hereafter amended, as determined by RCW 35A.29.170, the legislative body at its next regular meeting shall effect the decision of the inhabitants, as expressed in the petition, by passage of an ordinance adopting for the city the classification of noncharter code city, and if the petition also sought governmental reorganization by adoption of one of the plans of government authorized for noncharter code cities involving a different general plan of government from that under which the city is operating, then the legislative body shall provide at that time for such reorganization by ordinance and for election of all new officers pursuant to RCW 35A.02.050, as now or hereafter amended. [1990 c 259 § 2; 1979 ex.s. c 18 § 3; 1967 ex.s. c 119 § 35A.02.020.] Additional notes found at www.leg.wa.gov 35A.02.025 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170 signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general municipal election, such resolution as authorized by RCW 35A.02.020 shall be referred to the voters for confirmation or rejection in the next general municipal election if one is to be held within one hundred and eighty days from the date of filing of the referendum petition, or at a special election to be called for that purpose in accordance with *RCW 29.13.020. [1979 ex.s. c 18 § 4; 1967 ex.s. c 119 § 35A.02.025.] 35A.02.025 35A.02.010 Adoption of noncharter code city classification authorized. Any incorporated city or town may become a noncharter code city in accordance with, and be governed by, the provisions of this title relating to noncharter code cities and may select one of the plans of government authorized by this title. A city or town adopting and organizing under the optional municipal code shall not be deemed to have reorganized and to have abandoned its existing general plan of government, upon changing classification and becoming a noncharter code city, solely because organizing under a plan of government authorized in this title changes the number of elective offices or changes the terms thereof, or because an office becomes appointive rather than elective, or because that city or town has come under the optional municipal code, or because of any combination of these factors. [1979 ex.s. c 18 § 2; 1967 ex.s. c 119 § 35A.02.010.] 35A.02.010 Additional notes found at www.leg.wa.gov 35A.02.020 Petition method—Direct. When a petition is filed, signed by registered voters of an incorporated city or town, in number equal to not less than fifty percent of the votes cast at the last general municipal election, seeking the adoption by the city or town of the classification of noncharter code city, either under its existing authorized plan of government or naming one of the plans of government authorized for noncharter code cities, the county auditor shall promptly proceed to determine the sufficiency of the petition under the rules set forth in RCW 35A.01.040. If the petition is found to be sufficient, the county auditor shall file with the legislative body a certificate of sufficiency of the petition. Thereupon the legislative body of such city or town shall, by resolution, declare that the inhabitants of the city or town have decided to adopt the classification of noncharter code city and to be governed under the provisions of this title. If a prayer for reorganization is included in the petition such resolution shall also declare that the inhabitants of the city or town have decided to reorganize under the plan of government specified in the petition. The legislative body shall 35A.02.020 [Title 35A RCW—page 4] *Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Additional notes found at www.leg.wa.gov 35A.02.030 Resolution method. When a majority of the legislative body of an incorporated city or town determines that it would serve the best interests and general welfare of such municipality to change the classification of such city or town to that of noncharter code city, such legislative body may, by resolution, declare its intention to adopt for the city or town the classification of noncharter code city. If the legislative body so determines, such resolution may also contain a declaration of intention to reorganize the municipal government under one of the plans of government authorized in this title, naming such plan; but it shall also be lawful for the legislative body of any incorporated city or town which is governed under a plan of government authorized prior to the time this title takes effect to adopt for the city or town the classification of noncharter code city while retaining the same general plan of government under which such city or town is then operating. Within ten days after the passage of the resolution, the legislative body shall cause it to be published at least once in a newspaper of general circulation within the city or town. Upon the expiration of the ninetieth day from, but excluding the date of first publication of the resolution, if no timely and sufficient referendum petition has been filed pursuant to RCW 35A.02.035, as determined by 35A.02.030 (2010 Ed.) Procedure for Incorporated Municipality to Become a Noncharter Code City RCW 35A.29.170, the intent expressed in such resolution shall at the next regular meeting of the legislative body be effected by an ordinance adopting for the city or town the classification of noncharter code city; and, if the resolution includes a declaration of intention to reorganize, the legislative body shall provide at that time for such reorganization by ordinance. [1979 ex.s. c 18 § 5; 1967 ex.s. c 119 § 35A.02.030.] Additional notes found at www.leg.wa.gov 35A.02.035 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170 signed by qualified electors of an incorporated city or town in number equal to not less than ten percent of the votes cast in the last general municipal election, such resolution shall be referred for approval or rejection by the voters at an election as specified in RCW 35A.02.025. [1967 ex.s. c 119 § 35A.02.035.] 35A.02.035 35A.02.040 Certification of ordinance—Transcript of record to secretary of state. When one or more ordinances are passed under RCW 35A.02.020 or 35A.02.030, as now or hereafter amended, the clerk of the city or town shall forward to the secretary of state a certified copy of any such ordinance. Upon the filing in the office of the secretary of state of a certified copy of an ordinance adopting the classification of noncharter code city, such city or town shall thereafter be classified as a noncharter code city; except that if there is also filed with the secretary of state a certified copy of an ordinance providing for reorganization of the municipal government of such city or town under a different general plan of government, such reclassification and reorganization shall not be effective until the election, qualification, and assumption of office under RCW 35A.02.050 as now or hereafter amended of at least a quorum of all new officers under the plan of government so adopted. [1979 ex.s. c 18 § 6; 1970 ex.s. c 52 § 1; 1967 ex.s. c 119 § 35A.02.040.] 35A.02.040 Additional notes found at www.leg.wa.gov 35A.02.050 Election of new officers. The first election of officers where required for reorganization under a different general plan of government newly adopted in a manner provided in RCW 35A.02.020, 35A.02.030, 35A.06.030, or 35A.06.060, as now or hereafter amended, shall be at the next general municipal election if one is to be held more than ninety days but not more than one hundred and eighty days after certification of a reorganization ordinance or resolution, or otherwise at a special election to be held for that purpose in accordance with *RCW 29.13.020. In the event that the first election of officers is to be held at a general municipal election, such election shall be preceded by a primary election pursuant to *RCW 29.21.010 and 29.13.070. In the event that the first election of all officers is to be held at a special election rather than at a general election, and notwithstanding any provisions of any other law to the contrary, such special election shall be preceded by a primary election to be held on a date authorized by *RCW 29.13.010, and the persons nominated at that primary election shall be voted upon at the next succeeding special election that is authorized by *RCW 29.13.010: PROVIDED, That in the event the ordinances 35A.02.050 (2010 Ed.) 35A.02.055 calling for reclassification or reclassification and reorganization under the provisions of Title 35A RCW have been filed with the secretary of state pursuant to RCW 35A.02.040 in an even-numbered year at least ninety days prior to a state general election then the election of new officers shall be concurrent with the state primary and general election and shall be conducted as set forth in general election law. Upon reorganization, candidates for all offices shall file or be nominated for and successful candidates shall be elected to specific council positions. The initial terms of office for those elected at a first election of all officers shall be as follows: (1) A simple majority of the persons who are elected as councilmembers receiving the greatest numbers of votes and the mayor in a city with a mayor-council plan of government shall be elected to four-year terms of office, if the election is held in an odd-numbered year, or three-year terms of office, if the election is held in an even-numbered year; and (2) the other persons who are elected as councilmembers shall be elected to two-year terms of office, if the election is held in an odd-numbered year, or one-year terms of office, if the election is held in an even-numbered year. The newly elected officials shall take office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day of January in the year following the election. Thereafter, each person elected as a councilmember or mayor in a city with a mayorcouncil plan of government shall be elected to a four-year term of office. Each councilmember and mayor in a city with a mayor-council plan of government shall serve until a successor is elected and qualified and assumes office as provided in *RCW 29.04.170. The former officers shall, upon the election and qualification of new officers, deliver to the proper officers of the reorganized noncharter code city all books of record, documents and papers in their possession belonging to such municipal corporation before the reorganization thereof. [1994 c 223 § 25; 1979 ex.s. c 18 § 7; 1971 ex.s. c 251 § 1; 1970 ex.s. c 52 § 2; 1967 ex.s. c 119 § 35A.02.050.] *Reviser’s note: RCW 29.13.020, 29.21.010, 29.13.070, 29.13.010, and 29.04.170 were recodified as RCW 29A.04.330, 29A.52.210, 29A.04.310, 29A.04.320, and 29A.20.040, respectively, pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.04.310 and 29A.04.320 were subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.04.310 and 29A.04.320, see RCW 29A.04.311 and 29A.04.321, respectively. Additional notes found at www.leg.wa.gov 35A.02.055 Election of new officers—Exception where same general plan of government is retained. Where a city elects to become a noncharter code city under one of the optional plans of government provided in Title 35A RCW for code cities which involves the same general plan of government as that under which the city operated prior to the choice and where with the change in classification the number of council positions in a city remains the same or increases from five to seven, the procedures for the first election of officers which appear in RCW 35A.02.050 shall not be followed. When membership in a city council remains the same or is increased upon becoming a noncharter code city, the terms of incumbent councilmembers shall not be affected. If the number of councilmembers is increased from five to seven, the city council shall, by majority vote, pursuant to 35A.02.055 [Title 35A RCW—page 5] 35A.02.060 Title 35A RCW: Optional Municipal Code RCW 35A.12.050 and 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a twoyear term and one person shall be elected for a four-year term. A first election of all officers upon a change in classification to a noncharter code city is also not required where the change in classification otherwise retains the same general or specific plan of government and where the change in classification results in a decrease in the number of council positions in a city. If the membership in a city council is decreased from seven to five members upon adopting the classification of noncharter code city, this decrease in the number of councilmembers shall be determined in the following manner: The councilmembers shall determine by lot which two council positions shall be eliminated upon the expiration of their terms of office. The terms of the remaining councilmembers shall not be affected. [2009 c 549 § 3001; 1979 ex.s. c 18 § 8.] Additional notes found at www.leg.wa.gov 35A.02.060 Petition for election. When a petition which is sufficient under the rules set forth in RCW 35A.01.040 is filed with the legislative body of an incorporated city or town, signed by qualified electors of such municipality in number equal to not less than ten percent of the votes cast at the last general municipal election, seeking adoption by the city or town of the classification of noncharter code city and the reorganization of the city or town under one of the plans of government authorized in this title, the county auditor shall file with the legislative body thereof a certificate of sufficiency of such petition. Thereupon, the legislative body shall cause such proposal to be submitted to the voters at the next general municipal election if one is to be held within one hundred eighty days after certification of the sufficiency of the petition, or at a special election to be held for that purpose not less than ninety days nor more than one hundred and eighty days from such certification of sufficiency. Ballot titles for elections under this chapter shall be prepared by the city attorney as provided in *RCW 35A.29.120. [1990 c 259 § 3; 19 67 ex.s. c 11 9 § 35A.02.060.] 35A.02.060 *Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92. 35A.02.070 Resolution for election. The legislative body of an incorporated city or town may, by resolution, submit to the voters in the next general municipal election if one is to be held within one hundred and eighty days after passage of the resolution, or in a special election to be called for that purpose not less than ninety days nor more than one hundred and eighty days after passage of the resolution, a proposal that the city or town adopt the classification of noncharter code city and organize under one of the plans of government authorized in this title, naming such plan. [1967 ex.s. c 119 § 35A.02.070.] 35A.02.070 35A.02.080 Election of officers upon approval of plan of government by voters. If the majority of votes cast at an election for organization under a plan provided in this title 35A.02.080 [Title 35A RCW—page 6] favor the plan, the city or town shall elect in accordance with RCW 35A.02.050 the officers for the positions created. The former officers of the municipality shall, upon the election and qualification of the new officers, deliver to the proper officers of the new noncharter code city all books of record, documents and papers in their possession belonging to such municipal corporation before reorganization. [1971 ex.s. c 251 § 2; 1967 ex.s. c 119 § 35A.02.080.] Additional notes found at www.leg.wa.gov 35A.02.090 Alternative plan of government. Proposals for each of the plans of government authorized by this title may be placed on the ballots in the same election by timely petition as provided in this chapter. When the ballot contains alternative proposals for each of the plans of government the ballot shall clearly state that voters may vote for only one of the plans of government. [1971 ex.s. c 251 § 3; 1967 ex.s. c 119 § 35A.02.090.] 35A.02.090 Additional notes found at www.leg.wa.gov 35A.02.120 Effective date of reclassification and reorganization. Upon the filing of the certified copy of the resolution with the secretary of state, the county auditor shall issue certificates of election to the successful candidates for the offices under the plan of government for which a majority of the votes were cast, and upon the issuance of such certificates, such city or town shall become a noncharter code city governed under the plan of government chosen by the voters, under the provisions of this title and with the powers conferred by this title. [1967 ex.s. c 119 § 35A.02.120.] 35A.02.120 35A.02.130 Adoption of classification of noncharter code city without change of governmental plan. Any incorporated city or town governed under a plan of government authorized prior to the time this title takes effect may become a noncharter code city without changing such plan of government by the use of the petition-for-election or resolution-for-election procedures provided in RCW 35A.02.060 and 35A.02.070 to submit to the voters a proposal that such municipality adopt the classification of noncharter code city while retaining its existing plan of government, and upon a favorable vote on the proposal, such municipality shall be classified as a noncharter code city and retain its old plan of government, such reclassification to be effective upon the filing of the record of such election with the office of the secretary of state. Insofar as the provisions of *RCW 35A.02.100 and 35A.02.110 are applicable to an election on such a reclassification proposal they shall apply to such election. [1994 c 223 § 26; 1994 c 81 § 67; 1967 ex.s. c 119 § 35A.02.130.] 35A.02.130 *Reviser’s note: RCW 35A.02.100 and 35A.02.110 were repealed by 1994 c 223 § 92. 35A.02.140 Petition or resolution pending—Restriction—Exception. While proceedings are pending under any petition or resolution relating to reclassification of a municipality or reorganization of the government thereof pursuant to this chapter, no resolution shall be passed for the purpose of initiating other such proceedings or submitting other such proposals to the voters at an election thereunder; and no petition for reclassification or reorganization of such municipal35A.02.140 (2010 Ed.) Incorporation As Noncharter Code City ity shall be accepted for filing pending such proceedings, except that a timely and sufficient petition seeking to place on the ballot for such election a proposal for an alternative plan of government authorized by this title, as provided in RCW 35A.02.090, may be filed and acted upon. [1967 ex.s. c 119 § 35A.02.140.] 35A.06.030 ernment authorized by the legislature for submission to the voters of a municipality or for adoption by resolution of the legislative body thereof in the manner provided herein, and is additional to the plans of government existing prior to the time this title takes effect. [1967 ex.s. c 119 § 35A.06.010.] 35A.06.020 Chapter 35A.03 RCW INCORPORATION AS NONCHARTER CODE CITY Chapter 35A.03 Sections 35A.03.001 Actions subject to review by boundary review board. 35A.03.005 Incorporation to be governed by chapter 35.02 RCW. 35A.03.001 Actions subject to review by boundary review board. Actions taken under chapter 35A.03 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 36.] 35A.03.001 35A.03.005 Incorporation to be governed by chapter 35.02 RCW. Noncharter code cities shall be incorporated as provided in chapter 35.02 RCW. [1986 c 234 § 36.] 35A.03.005 35A.06.020 Laws applicable to noncharter code cities. The classifications of municipalities as first-class cities, second-class cities, unclassified cities, and towns, and the restrictions, limitations, duties, and obligations specifically imposed by law upon such classes of cities and towns, shall have no application to noncharter code cities, but every noncharter code city, by adopting such classification, has elected to be governed by the provisions of this title, with the powers granted hereby. However, any code city that retains its old plan of government is subject to the laws applicable to that old plan of government until the city abandons its old plan of government and reorganizes and adopts a plan of government under chapter 35A.12 or 35A.13 RCW. [1997 c 361 § 17; 1995 c 134 § 11. Prior: 1994 c 223 § 27; 1994 c 81 § 68; 1967 ex.s. c 119 § 35A.06.020.] 35A.06.030 Chapter 35A.05 Chapter 35A.05 RCW CONSOLIDATION OF CODE CITIES Sections 35A.05.001 Actions subject to review by boundary review board. 35A.05.005 Consolidation of code cities. 35A.05.001 Actions subject to review by boundary review board. Actions taken under chapter 35A.05 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 37.] 35A.05.001 35A.05.005 Consolidation of code cities. Code cities shall consolidate as provided in chapter 35.10 RCW. [1985 c 281 § 14.] 35A.05.005 Additional notes found at www.leg.wa.gov Chapter 35A.06 RCW ADOPTION AND ABANDONMENT OF NONCHARTER CODE CITY CLASSIFICATION OR PLAN OF GOVERNMENT Chapter 35A.06 Sections 35A.06.010 Each optional plan of government declared complete form of government. 35A.06.020 Laws applicable to noncharter code cities. 35A.06.030 Abandonment of plan of government of a noncharter code city. 35A.06.040 Abandonment—Resolution or petition for election. 35A.06.050 Abandonment—Election. 35A.06.060 Abandonment—Reorganization under plan adopted—Effective date. 35A.06.070 Abandonment of noncharter code city classification without reorganization. 35A.06.010 Each optional plan of government declared complete form of government. Each of the optional plans of government authorized by chapter 35A.12 RCW and chapter 35A.13 RCW, with any amendments thereto, is declared to be a complete and separate plan of gov35A.06.010 (2010 Ed.) 35A.06.030 Abandonment of plan of government of a noncharter code city. By use of the resolution for election or petition for election methods described in RCW 35A.06.040, any noncharter code city which has operated for more than six consecutive years under one of the optional plans of government authorized by this title, or for more than a combined total of six consecutive years under a particular plan of government both as a code city and under the same general plan under Title 35 RCW immediately prior to becoming a code city, may abandon such organization and may reorganize and adopt another plan of government authorized for noncharter code cities, but only after having been a noncharter code city for more than one year or a city after operating for more than six consecutive years under a particular plan of government as a noncharter code city: PROVIDED, That these limitations shall not apply to a city seeking to adopt a charter. In reorganization under a different general plan of government as a noncharter code city, officers shall serve the remainder of their terms. If a city with a mayor-council plan of government is reorganized with a council-manager plan of government, the mayor shall serve as a councilmember for the remainder of his or her term. If a city with a council-manager plan of government is reorganized with a mayor-council plan of government, the mayor shall be elected as provided in RCW 35A.02.050. When a noncharter code city adopts a plan of government other than those authorized under Title 35A RCW, such city ceases to be governed under this optional municipal code, shall be classified as a city or town of the class selected in the proceeding for adoption of such new plan, with the powers granted to such class under the general law, and shall elect officers as provided in RCW 35A.02.050. [2001 c 33 § 2; 1994 c 223 § 28; 1994 c 81 § 69; 1979 ex.s. c 18 § 14; 1971 ex.s. c 251 § 13; 1967 ex.s. c 119 § 35A.06.030.] Additional notes found at www.leg.wa.gov [Title 35A RCW—page 7] 35A.06.040 Title 35A RCW: Optional Municipal Code 35A.06.040 Abandonment—Resolution or petition for election. Upon the passage of a resolution of the legislative body of a noncharter code city, or upon the filing of a sufficient petition with the county auditor signed by registered voters in number equal to not less than ten percent of the votes cast at the last general municipal election therein, proposing abandonment by the city of the plan of government under which it is then operating and adoption of another plan, naming such plan, the sufficiency of the petition for abandonment shall be determined, an election ordered and conducted, and the results declared generally as provided in chapter 35A.02 RCW insofar as such provisions are applicable. If the resolution or petition proposes a plan of government other than those authorized in chapters 35A.12 RCW and 35A.13 RCW of this title, the resolution or petition shall specify the class under which such city will be classified upon adoption of such plan. [1990 c 259 § 4; 1967 ex.s. c 119 § 35A.06.040.] 35A.06.040 Sufficiency of petition in code city: RCW 35A.01.040. 35A.06.050 Abandonment—Election. The proposal for abandonment of a plan of government as authorized in RCW 35A.06.030 and for adoption of the plan named in the resolution or petition shall be voted upon at the next general election in accordance with RCW 29A.04.330, or at a special election held prior to the next general election in accordance with the resolution of the legislative body. The ballot title and statement of the proposition shall be prepared by the city attorney as provided in RCW 35A.29.120. [2009 c 7 § 1; 2004 c 268 § 2; 1994 c 223 § 29; 1979 ex.s. c 18 § 15; 1967 ex.s. c 119 § 35A.06.050.] 35A.06.050 Effective date—2009 c 7: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [February 18, 2009]." [2009 c 7 § 2.] Effective date—2004 c 268: "This act takes effect July 1, 2004." [2004 c 268 § 3.] of such class. Such change of classification shall not affect the then existing property rights or liabilities of the municipal corporation. [2001 c 33 § 3; 1979 ex.s. c 18 § 16; 1967 ex.s. c 119 § 35A.06.060.] Additional notes found at www.leg.wa.gov 35A.06.070 Abandonment of noncharter code city classification without reorganization. By means of the procedures set forth in this chapter, insofar as they apply, any noncharter code city which has been governed under the provisions of this title for more than six years may abandon the classification of noncharter code city and elect to be governed under the general law relating to cities or towns of the classification held by such city immediately prior to becoming a noncharter code city, if any, or relating to cities or towns of the highest class for which it is qualified by population, with the powers conferred by law upon such class, while retaining the plan of government under which it is then organized. A change of classification approved by a majority of the voters voting on such proposition shall become effective upon the filing of the record of such election with the office of the secretary of state. [1967 ex.s. c 119 § 35A.06.070.] 35A.06.070 Chapter 35A.07 RCW PROCEDURE FOR CITY OPERATING UNDER CHARTER TO BECOME A CHARTER CODE CITY Chapter 35A.07 Sections 35A.07.010 35A.07.020 35A.07.025 35A.07.030 35A.07.035 35A.07.040 Adoption of charter code city classification authorized. Petition method—Direct. Referendum. Resolution method. Referendum. Certification of ordinance—Transcript of record to secretary of state. 35A.07.050 Petition for election. 35A.07.060 Resolution for election. 35A.07.070 Election on reclassification—Effective date of reclassification upon favorable vote. Additional notes found at www.leg.wa.gov 35A.07.010 Adoption of charter code city classification authorized. Any city having ten thousand inhabitants which is governed under a charter may become a charter code city by a procedure prescribed in this chapter and be governed under this title, with the powers conferred hereby. [1967 ex.s. c 119 § 35A.07.010.] 35A.07.010 35A.06.060 Abandonment—Reorganization under plan adopted—Effective date. If a majority of votes cast at the election favor abandonment of the general plan of government under which the noncharter code city is then organized and reorganization under the different general plan proposed in the resolution or petition, the officers to be elected shall be those prescribed by the plan of government so adopted, and they shall be elected as provided in RCW 35A.06.030. If the city is adopting a plan of government other than those authorized under this title, the officers shall be elected at the next succeeding general municipal election. Upon the election, qualification, and assumption of office by such officers the reorganization of the government of such municipality shall be complete and such municipality shall thereafter be governed under such plan. If the plan so adopted is not a plan authorized for noncharter code cities, upon the election, qualification, and assumption of office by such officers the municipality shall cease to be a noncharter code city governed under the provisions of this optional municipal code and shall revert to the classification selected and shall be governed by the general laws relating to municipalities of such class with the powers conferred by law upon municipalities 35A.06.060 [Title 35A RCW—page 8] 35A.07.020 Petition method—Direct. When a petition is filed, signed by registered voters of a charter city in number equal to not less than fifty percent of the votes cast at the last general municipal election, seeking the adoption by the charter city of the classification of charter code city the legislative body of such city shall direct the county auditor to determine the sufficiency of the petition under the rules set forth in RCW 35A.01.040. If the petition is found to be sufficient, the county auditor shall file with the legislative body a certificate of sufficiency of the petition. Thereupon the legislative body of the charter city shall, by resolution, declare that the inhabitants of such city have decided to adopt the classification of charter code city and to be governed under this title. The legislative body shall cause such resolution to be published at least once in a newspaper of general circulation within the city not later than ten days after the passage of the resolution. 35A.07.020 (2010 Ed.) Procedure for Adoption of Charter as Charter Code City Upon the expiration of the ninetieth day from, but excluding the date of first publication of the resolution, if no timely and sufficient referendum petition has been filed, as determined by RCW 35A.29.170, the legislative body shall effect the decision of the inhabitants, as expressed in the petition, by passage of an ordinance adopting for the city the classification of charter code city. [1990 c 259 § 5; 1967 ex.s. c 119 § 35A.07.020.] 35A.07.025 35A.07.025 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170 signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general municipal election, the resolution authorized by RCW 35A.07.020 shall be referred to the voters for confirmation or rejection in the next general municipal election, if one is to be held within one hundred and eighty days from the date of filing of the referendum petition, or at a special election to be called for that purpose not less than ninety days nor more than one hundred and eighty days from the filing of such referendum petition. [1967 ex.s. c 119 § 35A.07.025.] 35A.07.030 35A.07.030 Resolution method. When a majority of the legislative body of a charter city determines that it would serve the best interests and general welfare of such city to become a charter code city, such legislative body may, by resolution, declare its intention to adopt for the city the classification of charter code city and to be governed under the provisions of this title, with the powers conferred hereby. Within ten days after the passage of the resolution, the legislative body shall cause it to be published at least once in a newspaper of general circulation within the city. Upon the expiration of the ninetieth day from, but excluding the date of first publication of the resolution, if no timely and sufficient referendum petition has been filed, as determined by RCW 35A.29.170, the intent expressed in such resolution shall be effected by passage of an ordinance adopting for the city the classification of charter code city. [1967 ex.s. c 119 § 35A.07.030.] 35A.08.010 35A.07.050 Petition for election. When a petition which is sufficient under the rules set forth in RCW 35A.01.040 is filed with the legislative body of a charter city, signed by registered voters of such city in number equal to not less than ten percent of the votes cast at the last general municipal election, seeking adoption by the city of the classification of charter code city, the county auditor shall file with the legislative body thereof a certificate of sufficiency of such petition. Thereupon the legislative body shall cause such proposal to be submitted to the voters at the next general municipal election if one is to be held within one hundred eighty days, or at a special election to be held for that purpose not less than ninety days nor more than one hundred and eighty days after the filing of such petition. Ballot titles for such election shall be prepared by the city attorney as provided in *RCW 35A.29.120. [1990 c 259 § 6; 1967 ex.s. c 119 § 35A.07.050.] 35A.07.050 *Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92. 35A.07.060 Resolution for election. The legislative body of a charter city may, by resolution, submit to the voters at an election held within the time period specified in RCW 35A.07.050 a proposal that the city adopt the classification of charter code city and be governed under the provisions of this title with the powers conferred hereby. [1967 ex.s. c 119 § 35A.07.060.] 35A.07.060 35A.07.070 Election on reclassification—Effective date of reclassification upon favorable vote. Notice of elections under this chapter shall be given, the election conducted, and the result declared generally as provided in chapter 35A.02 RCW, insofar as such provisions are applicable. If a majority of votes cast on the proposition are in favor of adoption of the classification of charter code city, upon the certification of the record of election to the office of the secretary of state, such city shall become a charter code city and shall be governed under the provisions of this title and have the powers conferred on charter code cities. [1967 ex.s. c 119 § 35A.07.070.] 35A.07.070 Chapter 35A.08 RCW PROCEDURE FOR ADOPTION OF CHARTER AS CHARTER CODE CITY Chapter 35A.08 35A.07.035 35A.07.035 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170 signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general municipal election, the resolution authorized by RCW 35A.07.030 shall be referred to the voters for approval or rejection at an election as specified in RCW 35A.07.025. [1967 ex.s. c 119 § 35A.07.035.] 35A.07.040 35A.07.040 Certification of ordinance—Transcript of record to secretary of state. When an ordinance is passed as provided in RCW 35A.07.020 or 35A.07.030, the clerk of the charter city shall forward to the secretary of state a certified copy thereof. Upon the filing of the certified copy of the ordinance in the office of the secretary of state, such city shall be classified as a charter code city and shall thereafter be governed under the provisions of this optional municipal code and have the powers conferred hereby. [1967 ex.s. c 119 § 35A.07.040.] (2010 Ed.) Sections 35A.08.010 35A.08.020 35A.08.030 35A.08.040 35A.08.050 35A.08.060 35A.08.070 35A.08.080 35A.08.090 35A.08.100 35A.08.110 35A.08.120 Adoption of charter authorized. Determining population. Resolution or petition for election. Election on question—Election of charter commission. Organization of charter commission—Vacancies—Duties. Expenses of commission members—Consultants and assistants. Public hearing. Submission of charter—Election of officers—Publication. Conduct of elections. Ballot titles. Certificates of election to officers—Effective date of becoming charter code city. Authentication of charter. 35A.08.010 Adoption of charter authorized. Any city having a population of ten thousand or more inhabitants may become a charter code city and be governed under the provisions of this title by adopting a charter for its own govern35A.08.010 [Title 35A RCW—page 9] 35A.08.020 Title 35A RCW: Optional Municipal Code ment in the manner prescribed in this chapter. Once any city, having ten thousand population, has adopted such a charter, any subsequent decrease in population below ten thousand shall not affect its status as a charter code city. [1967 ex.s. c 119 § 35A.08.010.] 35A.08.020 Determining population. For the purposes of this chapter, the population of a city shall be the number of residents shown by the figures released for the most recent official state or federal census, by a population determination made under the direction of the office of financial management, or by a city census conducted in the following manner: (1) The legislative authority of any such city may provide by ordinance for the appointment by the mayor thereof, of such number of persons as may be designated in the ordinance to make an enumeration of all persons residing within the corporate limits of the city. The enumerators so appointed, before entering upon their duties, shall take an oath for the faithful performance thereof and within five days after their appointment proceed, within their respective districts, to make an enumeration of all persons residing therein, with their names and places of residence. (2) Immediately upon the completion of the enumeration, the enumerators shall make return thereof upon oath to the legislative authority of the city, who at its next meeting or as soon thereafter as practicable, shall canvass and certify the returns. (3) If it appears therefrom that the whole number of persons residing within the corporate limits of the city is ten thousand or more, the mayor and clerk under the corporate seal of the city shall certify the number so ascertained to the secretary of state, who shall file it in his or her office. This certificate when so filed shall be conclusive evidence of the population of the city. [2009 c 549 § 3002; 1979 c 151 § 32; 1967 ex.s. c 119 § 35A.08.020.] 35A.08.020 Population determinations, office of financial management: Chapter 43.62 RCW. 35A.08.030 Resolution or petition for election. The legislative body of any city having ten thousand or more inhabitants may, by resolution, provide for submission to the voters of the question whether the city shall become a charter code city and be governed in accordance with a charter to be adopted by the voters under the provisions of this title. The legislative body must provide for such an election upon receipt of a sufficient petition therefor signed by qualified electors in number equal to not less than ten percent of the votes cast at the last general municipal election therein. The question may be submitted to the voters at the next general municipal election if one is to be held within one hundred and eighty days or at a special election held for that purpose not less than ninety nor more than one hundred and eighty days after the passage of the resolution or the filing of the certificate of sufficiency of the petition. At such election provision shall also be made for the election of fifteen freeholders who, upon a favorable vote on the question, shall constitute the charter commission charged with the duty of framing a charter for submission to the voters. If the vote in favor of adopting a charter receives forty percent or less of the total vote on the question of charter adoption, no new election on the question of charter adoption may be held for a period of two years 35A.08.030 [Title 35A RCW—page 10] from the date of the election in which the charter proposal failed. [2001 c 33 § 4; 1967 ex.s. c 119 § 35A.08.030.] Sufficiency of petition in code city: RCW 35A.01.040. 35A.08.040 35A.08.040 Election on question—Election of charter commission. The election on the question whether to adopt a charter and become a charter code city and the nomination and election of the members of the charter commission shall be conducted, and the result declared, according to the laws regulating and controlling elections in the city. Candidates for election to the charter commission must be nominated by petition signed by ten registered voters of the city and residents therein for a period of at least two years preceding the election. A nominating petition shall be filed within the time allowed for filing declarations of candidacy and shall be verified by an affidavit of one or more of the signers to the effect that the affiant believes that the candidate and all of the signers are registered voters of the city and he or she signed the petition in good faith for the purpose of endorsing the person named therein for election to the charter commission. A written acceptance of the nomination by the nominee shall be affixed to the petition when filed with the county auditor. Nominating petitions need not be in the form prescribed in RCW 35A.01.040. Any nominee may withdraw his or her nomination by a written statement of withdrawal filed at any time not later than five days before the last day allowed for filing nominations. The positions on the charter commission shall be designated by consecutive numbers one through fifteen, and the positions so designated shall be considered as separate offices for all election purposes. A nomination shall be made for a specific numbered position. [2009 c 549 § 3003; 1990 c 259 § 7; 1967 ex.s. c 119 § 35A.08.040.] 35A.08.050 35A.08.050 Organization of charter commission— Vacancies—Duties. Within ten days after its election the charter commission shall hold its first meeting, elect one of the members as chair, and adopt such rules for the conduct of its business as it may deem advisable. In the event of a vacancy in the charter commission, the remaining members shall fill it by appointment thereto of some properly qualified person. A majority shall constitute a quorum for transaction of business but final charter recommendations shall require a majority vote of the whole membership of the commission. The commission shall study the plan of government of the city, compare it with other available plans of government, and determine whether, in its judgment, the government of the city could be strengthened, made more responsive or accountable to the people, or whether its operation could be made more economical or more efficient by amendment of the existing plan or adoption of another plan of government. The commission shall consider the plans of government described in this title but shall not be limited to such plans in its recommendations for the government of the city and may frame a charter for any plan it deems suitable for the good government of the city; except that the provisions of such charter shall not be valid if inconsistent with the Constitution of this state, the provisions of this title, or the general laws of the state, insofar as they are applicable to cities governed under this title. [2009 c 549 § 3004; 1967 ex.s. c 119 § 35A.08.050.] (2010 Ed.) Procedure for Adoption of Charter as Charter Code City 35A.08.060 Expenses of commission members— Consultants and assistants. Members of the charter commission shall serve without compensation but shall be reimbursed by the city from any funds for their necessary expenses incurred in the performance of their duties. The legislative body may, in its discretion, make a reasonable appropriation of the city funds to provide for public information and discussion concerning the purposes and progress of the commission’s work and/or to provide technical or clerical assistance to the commission in its work. Within the limits of any such appropriation and privately contributed funds and services as may be available to it, the charter commission may appoint one or more consultants and clerical or other assistants to serve at the pleasure of the commission and may fix a reasonable compensation to be paid such consultants and assistants. [1967 ex.s. c 119 § 35A.08.060.] 35A.08.060 35A.08.070 Public hearing. The charter commission shall hold at least one public hearing in the course of its deliberations, may hold committee meetings and may sponsor public forums and promote public education and discussion respecting its work. [1967 ex.s. c 119 § 35A.08.070.] 35A.08.070 35A.08.080 Submission of charter—Election of officers—Publication. Within one hundred and eighty days from the date of its first meeting, the charter commission, or a majority thereof, shall frame a charter for the city and submit the charter to the legislative body of the city, which, within five days thereafter shall initiate proceedings for the submission of the proposed charter to the qualified electors of the city at the next general election if one is to be held within one hundred and eighty days or at a special election to be held for that purpose not less than ninety nor more than one hundred and eighty days after submission of the charter to the legislative body. The legislative body shall cause the proposed charter to be published in a newspaper of general circulation in the city at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval. At this election the first officers to serve under the provisions of the proposed charter shall also be elected. If the election is from wards, the division into wards as specified in the proposed charter shall govern; in all other respects the then existing laws relating to such elections shall govern. The notice of election shall specify the objects for which the election is held and shall be given as required by law. [1967 ex.s. c 119 § 35A.08.080.] 35A.08.080 35A.08.090 Conduct of elections. The election upon the question of becoming a charter code city and framing a charter and the election of the charter commission, and the election upon the adoption or rejection of the proposed charter and the officers to be elected thereunder, the returns of both elections, the canvassing thereof, and the declaration of the result shall be governed by the laws regulating and controlling elections in the city. [1967 ex.s. c 119 § 35A.08.090.] 35A.08.090 35A.08.100 Ballot titles. Ballot titles for elections under this chapter shall be prepared by the city attorney as provided in *RCW 35A.29.120. The ballot statement in the 35A.08.100 (2010 Ed.) 35A.08.120 election for adopting or rejecting the proposed charter shall clearly state that, upon adoption of the proposed charter, the city would be governed by its charter and by this title. [1967 ex.s. c 119 § 35A.08.100.] *Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92. 35A.08.110 35A.08.110 Certificates of election to officers—Effective date of becoming charter code city. If a majority of the votes cast at the election upon the adoption of the proposed charter favor it, certificates of election shall be issued to each officer elected at that election. Within ten days after the issuance of the certificates of election, the newly elected officers shall qualify as provided in the charter, and on the tenth day thereafter at twelve o’clock noon of that day or on the next business day if the tenth day is a Saturday, Sunday or holiday, the officers so elected and qualified shall enter upon the duties of the offices to which they were elected and at such time the charter shall be authenticated, recorded, attested and go into effect, and the city shall thereafter be classified as a charter code city. When so authenticated, recorded and attested, the charter shall become the organic law of the city and supersede any existing charter and amendments thereto and all special laws inconsistent therewith. [1967 ex.s. c 119 § 35A.08.110.] 35A.08.120 35A.08.120 Authentication of charter. The authentication of the charter shall be by certificate of the mayor in substance as follows: "I, . . . . . ., mayor of the city of . . . . . ., do hereby certify that in accordance with the provisions of the Constitution and statutes of the state of Washington, the city of . . . . . . caused fifteen freeholders to be elected on the . . . . . . day of . . . . . ., 19. . . as a charter commission to prepare a charter for the city; that due notice of that election was given in the manner provided by law and that the following persons were declared elected to prepare and propose a charter for the city, to wit: ................................................ That thereafter on the . . . . day of . . . . . ., 19. . . the charter commission returned a proposed charter for the city of . . . . . . signed by the following members thereof: . . . . . . That thereafter the proposed charter was published in . . . . . . . . . (indicate name of newspaper in which published), for at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval. (Indicate dates of publication.) That thereafter on the . . . . day of . . . . . ., 19. . ., at an election duly called and held, the proposed charter was submitted to the qualified electors thereof, and the returns canvassed resulting as follows: For the proposed charter . . . . votes; against the proposed charter, . . . . votes; majority for the proposed charter, . . . . votes; whereupon the charter was declared adopted by a majority of the qualified electors voting at the election. I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and adopted as aforesaid. [Title 35A RCW—page 11] Chapter 35A.09 Title 35A RCW: Optional Municipal Code IN TESTIMONY WHEREOF, I hereunto set my hand and affix the corporate seal of the said city at my office this . . . . day of . . . . . ., 19. . . ................................... Mayor of the city of . . . . . . . . . . . . . . . . . . Attest: .................... Clerk of the city of . . . . . . (corporate seal)." Immediately after authentication, the authenticated charter shall be recorded by the city clerk in a book provided for that purpose known as the charter book of the city of . . . . . . and when so recorded shall be attested by the clerk and mayor under the corporate seal of the city. All amendments shall be in like manner recorded and attested. All courts shall take judicial notice of a charter and all amendments thereto when recorded and attested as required in this section. [1967 ex.s. c 119 § 35A.08.120.] Chapter 35A.09 RCW AMENDMENT OR REVISION OF CHARTERS OF CHARTER CODE CITIES Chapter 35A.09 of the charter organic law governing such charter code city. [1990 c 259 § 8; 1967 ex.s. c 119 § 35A.09.020.] Sufficiency of petition in code city: RCW 35A.01.040. 35A.09.030 35A.09.030 New or revised charter—Petition— Charter commission. On the petition of a number of qualified electors of a charter code city equal to ten percent of the total votes cast at the last preceding municipal general election, the legislative body of such charter code city shall, or without such petition, may, by resolution, cause an election to be held for the election of a charter commission of fifteen freeholders for the purpose of preparing a new or revised charter for the city by altering, revising, adding to, or repealing the existing charter including all amendments thereto. The members of the charter commission shall be qualified and nominated as provided by chapter 35A.08 RCW. At such election the proposition of whether or not a charter commission shall be created at all shall be separately stated on the ballots and unless a majority of the votes cast upon that proposition favor it, no further steps shall be taken in the proceedings. [1967 ex.s. c 119 § 35A.09.030.] Sufficiency of petition in code city: RCW 35A.01.040. Sections 35A.09.040 Submission of new or revised charter— Election. Within ten days after the results of the election authorized by RCW 35A.09.030 have been determined, if a majority of the votes cast favor the proposition, the members of the charter commission elected thereat shall convene and prepare a new or revised charter by altering, revising, adding to, or repealing the existing charter including all amendments thereto and within one hundred and eighty days thereafter file it with the county auditor. The charter commission shall be organized, vacancies filled, alternative plans of government considered, and a public hearing held all in the manner provided in sections of chapter 35A.08 RCW relating to charter commissions, and the commission members shall be reimbursed for their expenses and may obtain technical and clerical assistance in the manner provided in chapter 35A.08 RCW. Upon the filing of the proposed new, altered, changed, or revised charter with the county auditor, it shall be submitted to the registered voters of the charter code city at an election conducted as provided in RCW 35A.09.060. [1990 c 259 § 9; 1967 ex.s. c 119 § 35A.09.040.] 35A.09.040 35A.09.010 35A.09.020 35A.09.030 35A.09.040 35A.09.050 35A.09.060 35A.09.070 Amendment of charter—Initiated by legislative body. Petition for submission of charter amendment. New or revised charter—Petition—Charter commission. Submission of new or revised charter—Election. Publication of proposed charter. Conduct of elections. Effect of favorable vote. 35A.09.010 Amendment of charter—Initiated by legislative body. The charter of a charter code city may be amended by proposals therefor submitted by resolution of the legislative authority of such city to the electors thereof at any general election, after publication of such proposed charter amendment in the manner provided in chapter 35A.08 RCW for publication of a proposed charter, and upon notice of election as provided by law. If such proposed charter amendment is ratified by a majority of the qualified electors voting thereon it shall become a part of the charter organic law governing such charter code city. [1967 ex.s. c 119 § 35A.09.010.] 35A.09.010 35A.09.020 Petition for submission of charter amendment. Upon the filing with the county auditor of a sufficient petition signed by registered voters of a charter code city, in number equal to at least ten percent of the votes cast at the last general municipal election, seeking the adoption of a specified charter amendment set forth in the petition, providing for any matter within the realm of local affairs, or municipal business, or structure of municipal government, offices, and departments, said amendment shall be submitted to the voters at the next general municipal election if one is to be held within one hundred and eighty days, or at a special election to be held for that purpose not less than ninety days, nor more than one hundred and eighty days after the filing of the certificate of sufficiency of the petition. The proposed charter amendment shall be published as provided in RCW 35A.09.050. Upon approval by a majority of the registered voters voting thereon, such amendment shall become a part 35A.09.020 [Title 35A RCW—page 12] 35A.09.050 35A.09.050 Publication of proposed charter. The proposed new, altered, or revised charter shall be published in the newspaper having the largest general circulation within the city at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval. [1985 c 469 § 41; 1967 ex.s. c 119 § 35A.09.050.] 35A.09.060 35A.09.060 Conduct of elections. The election of the charter commission and the election upon the proposition of adopting the proposed new, altered, or revised charter, may be general or special elections held within the corresponding time period specified in chapter 35A.08 RCW, and except as herein provided, said elections, the notice specifying the objects thereof, the returns, the canvassing, and the declaration of the result shall be governed by the laws regulating and (2010 Ed.) Adoption and Abandonment of Charter Code City Classification controlling elections in the charter code city. [1967 ex.s. c 119 § 35A.09.060.] 35A.09.070 Effect of favorable vote. If a majority of the voters voting upon the adoption of the proposed new, altered, or revised charter favor it, it shall become the charter of the charter code city and the organic law thereof, superseding any existing charter; but if any offices are abolished or dispensed with by the new, altered, or revised charter, and any new offices created thereby, such charter shall not go into effect until the election and qualification of such new officers at the next general municipal election if one is to be held within one hundred and eighty days, or at a special election to be held for that purpose not less than ninety days, nor more than one hundred and eighty days after approval of such charter by the voters. [1967 ex.s. c 119 § 35A.09.070.] 35A.09.070 35A.11.010 voters at the next general municipal election if one is to be held within one hundred and eighty days or at a special election to be held for that purpose not less than ninety days nor more than one hundred and eighty days after the passage of the resolution or the filing of the certificate of sufficiency of the petition. Notice of election shall be given, the election conducted, and results declared generally as provided in chapter 35A.02 RCW, insofar as such provisions are applicable. If a majority of the votes cast upon such proposition are in favor of abandonment of the classification of charter code city, upon the certification of the record of election to the office of the secretary of state, such charter city shall be classified as a city of the class selected and shall be governed by the laws relating thereto. [1990 c 259 § 10; 1967 ex.s. c 119 § 35A.10.030.] Sufficiency of petition in code city: RCW 35A.01.040. 35A.10.040 No subsequent vote for six years. When a proposition for abandonment of the classification of charter code city has been submitted to the voters of the charter code city in an election and has been rejected by a majority of such voters, such proposition shall not again be submitted to the voters for six years thereafter. [1967 ex.s. c 119 § 35A.10.040.] 35A.10.040 Chapter 35A.10 RCW ADOPTION AND ABANDONMENT OF CHARTER CODE CITY CLASSIFICATION Chapter 35A.10 Sections 35A.10.010 35A.10.020 35A.10.030 35A.10.040 Laws applicable to charter code cities. Abandonment of charter code city classification. Resolution or petition for change of classification—Election. No subsequent vote for six years. Chapter 35A.11 RCW LAWS GOVERNING NONCHARTER CODE CITIES AND CHARTER CODE CITIES—POWERS Chapter 35A.11 35A.10.010 Laws applicable to charter code cities. The classifications of municipalities which existed prior to the time this title goes into effect—first-class cities, secondclass cities, unclassified cities, and towns—and the restrictions, limitations, duties and obligations specifically imposed by law upon such classes of cities and towns, shall have no application to charter code cities, but every charter code city, by adopting such classification, has elected to be governed by its charter and by the provisions of this title, with the powers thereby granted. [1994 c 81 § 70; 1967 ex.s. c 119 § 35A.10.010.] 35A.10.010 Sections 35A.10.020 Abandonment of charter code city classification. Any charter code city, which has been so classified under the provisions of this title for more than six years may abandon such classification and elect to be governed according to its charter under the general law relating to charter cities of the classification held by such city immediately prior to becoming a charter code city, if any, or may elect to be governed by the general law relating to charter cities of the highest class, or other class, for which it is qualified by population. [1967 ex.s. c 119 § 35A.10.020.] 35A.11.010 Rights, powers, and privileges. 35A.11.020 Powers vested in legislative bodies of noncharter and charter code cities. 35A.11.030 Applicability of general law. 35A.11.035 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. 35A.11.037 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts. 35A.11.040 Intergovernmental cooperation and action. 35A.11.050 Statement of purpose and policy. 35A.11.060 Participation in Economic Opportunity Act programs. 35A.11.070 Tourist promotion. 35A.11.080 Initiative and referendum—Election to exercise—Restriction or abandonment. 35A.11.090 Initiative and referendum—Effective date of ordinances— Exceptions. 35A.11.100 Initiative and referendum—Exercise of powers. 35A.11.110 Members of legislative bodies authorized to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers. 35A.11.200 Criminal code repeal by city operating municipal court— Agreement covering costs of handling resulting criminal cases—Arbitration. 35A.11.210 Juvenile curfews. 35A.10.030 Resolution or petition for change of classification—Election. Upon the passage of a resolution of the legislative body of a charter code city, or upon the filing with the county auditor of a sufficient petition signed by registered voters of a charter code city in number equal to not less than ten percent of the votes cast at the last general municipal election therein, proposing abandonment of the classification of charter code city and that the city be governed under its charter and the general law relating to cities of the classification named in the petition or resolution, the legislative body thereof shall cause the propositions to be submitted to the 35A.11.010 Rights, powers, and privileges. Each city governed under this optional municipal code, whether charter or noncharter, shall be entitled "City of . . . . . ." (naming it), and by such name shall have perpetual succession; may sue and be sued in all courts and proceedings; use a corporate seal approved by its legislative body; and, by and through its legislative body, such municipality may contract and be contracted with; may purchase, lease, receive, or otherwise acquire real and personal property of every kind, and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit. [1967 ex.s. c 119 § 35A.11.010.] 35A.10.020 35A.10.030 (2010 Ed.) 35A.11.010 [Title 35A RCW—page 13] 35A.11.020 Title 35A RCW: Optional Municipal Code 35A.11.020 Powers vested in legislative bodies of noncharter and charter code cities. The legislative body of each code city shall have power to organize and regulate its internal affairs within the provisions of this title and its charter, if any; and to define the functions, powers, and duties of its officers and employees; within the limitations imposed by vested rights, to fix the compensation and working conditions of such officers and employees and establish and maintain civil service, or merit systems, retirement and pension systems not in conflict with the provisions of this title or of existing charter provisions until changed by the people: PROVIDED, That nothing in this section or in this title shall permit any city, whether a code city or otherwise, to enact any provisions establishing or respecting a merit system or system of civil service for firefighters and police officers which does not substantially accomplish the same purpose as provided by general law in chapter 41.08 RCW for firefighters and chapter 41.12 RCW for police officers now or as hereafter amended, or enact any provision establishing or respecting a pension or retirement system for firefighters or police officers which provides different pensions or retirement benefits than are provided by general law for such classes. Such body may adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city, and may impose penalties of fine not exceeding five thousand dollars or imprisonment for any term not exceeding one year, or both, for the violation of such ordinances, constituting a misdemeanor or gross misdemeanor as provided therein. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. Such a body alternatively may provide that violation of such ordinances constitutes a civil violation subject to monetary penalty, but no act which is a state crime may be made a civil violation. The legislative body of each code city shall have all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law. By way of illustration and not in limitation, such powers may be exercised in regard to the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, waterways, structures, or any other improvement or use of real or personal property, in regard to all aspects of collective bargaining as provided for and subject to the provisions of chapter 41.56 RCW, as now or hereafter amended, and in the rendering of local social, cultural, recreational, educational, governmental, or corporate services, including operating and supplying of utilities and municipal services commonly or conveniently rendered by cities or towns. In addition and not in limitation, the legislative body of each code city shall have any authority ever given to any class of municipality or to all municipalities of this state before or after the enactment of this title, such authority to be exercised in the manner provided, if any, by the granting statute, when not in conflict with this title. Within constitutional limitations, legislative bodies of code cities shall have within their territorial limits all powers of taxation for local purposes except those which are expressly preempted by the state as provided in RCW 66.08.120, 82.36.440, 48.14.020, and 35A.11.020 [Title 35A RCW—page 14] 48.14.080. [2007 c 218 § 66; 1993 c 83 § 8; 1986 c 278 § 7; 1984 c 258 § 807; 1969 ex.s. c 29 § 1; 1967 ex.s. c 119 § 35A.11.020.] Intent—Finding—2007 c 218: See note following RCW 1.08.130. Additional notes found at www.leg.wa.gov 35A.11.030 Applicability of general law. Powers of eminent domain, borrowing, taxation, and the granting of franchises may be exercised by the legislative bodies of code cities in the manner provided in this title or by the general law of the state where not inconsistent with this title; and the duties to be performed and the procedure to be followed by such cities in regard to the keeping of accounts and records, official bonds, health and safety and other matters not specifically provided for in this title, shall be governed by the general law. For the purposes of this title, "the general law" means any provision of state law, not inconsistent with this title, enacted before or after the passage of this title which is by its terms applicable or available to all cities or towns. [1967 ex.s. c 119 § 35A.11.030.] 35A.11.030 35A.11.035 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW. 35A.11.035 35A.11.037 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts. See RCW 87.03.825 through 87.03.840. 35A.11.037 35A.11.040 Intergovernmental cooperation and action. The legislative body of a code city may exercise any of its powers or perform any of its functions including purchasing, and participate in the financing thereof, jointly or in cooperation, as provided for in chapter 39.34 RCW. The legislative body of a code city shall have power to accept any gift or grant for any public purpose and may carry out any conditions of such gift or grant when not in conflict with state or federal law. [1979 ex.s. c 18 § 17; 1967 ex.s. c 119 § 35A.11.040.] 35A.11.040 Additional notes found at www.leg.wa.gov 35A.11.050 Statement of purpose and policy. The general grant of municipal power conferred by this chapter and this title on legislative bodies of noncharter code cities and charter code cities is intended to confer the greatest power of local self-government consistent with the Constitution of this state and shall be construed liberally in favor of such cities. Specific mention of a particular municipal power or authority contained in this title or in the general law shall be construed as in addition and supplementary to, or explanatory of the powers conferred in general terms by this chapter. [1967 ex.s. c 119 § 35A.11.050.] 35A.11.050 35A.11.060 Participation in Economic Opportunity Act programs. The legislative body of any city or town is hereby authorized and empowered in its discretion by resolution or ordinance passed by a majority of the legislative body, to take whatever action it deems necessary to enable the city or town to participate in the programs set forth in the Eco35A.11.060 (2010 Ed.) Laws Governing Noncharter Code Cities and Charter Code Cities—Powers nomic Opportunity Act of 1964 (Public Law 88-452; 78 Stat. 508), as amended. Such participation may be engaged in as a sole city or town operation or in conjunction or cooperation with the state, any other city or town, county, or municipal corporation, or any private corporation qualified under said Economic Opportunity Act. [1971 ex.s. c 177 § 4.] 35A.11.070 Tourist promotion. See RCW 35.21.700. 35A.11.070 35A.11.080 Initiative and referendum—Election to exercise—Restriction or abandonment. The qualified electors or legislative body of a noncharter code city may provide for the exercise in their city of the powers of initiative and referendum, upon electing so to do in the manner provided for changing the classification of a city or town in R C W 3 5 A .0 2 . 0 2 0 , 3 5 A . 0 2 . 0 2 5 , 3 5 A . 0 2 . 0 3 0 , a n d 35A.02.035, as now or hereafter amended. The exercise of such powers may be restricted or abandoned upon electing so to do in the manner provided for abandoning the plan of government of a noncharter code city in RCW 35A.06.030, 35A.06.040, 35A.06.050, and 35A.06.060, as now or hereafter amended. [1979 ex.s. c 18 § 18; 1973 1st ex.s. c 81 § 1.] 35A.11.080 Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure: RCW 35.21.706. Initiative and referendum petitions: RCW 35A.29.170. Additional notes found at www.leg.wa.gov 35A.11.090 Initiative and referendum—Effective date of ordinances—Exceptions. Ordinances of noncharter code cities the qualified electors of which have elected to exercise the powers of initiative and referendum shall not go into effect before thirty days from the time of final passage and are subject to referendum during the interim except: (1) Ordinances initiated by petition; (2) Ordinances necessary for immediate preservation of public peace, health, and safety or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the council; (3) Ordinances providing for local improvement districts; (4) Ordinances appropriating money; (5) Ordinances providing for or approving collective bargaining; (6) Ordinances providing for the compensation of or working conditions of city employees; and (7) Ordinances authorizing or repealing the levy of taxes; which excepted ordinances shall go into effect as provided by the general law or by applicable sections of Title 35A RCW as now or hereafter amended. [1973 1st ex.s. c 81 § 2.] 35A.11.090 35A.11.100 Initiative and referendum—Exercise of powers. Except as provided in RCW 35A.11.090, and except that the number of registered voters needed to sign a petition for initiative or referendum shall be fifteen percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election, the powers of initiative and referendum in noncharter code cities shall be exercised in the manner set forth for 35A.11.100 (2010 Ed.) 35A.11.210 the commission form of government in RCW 35.17.240 through 35.17.360, as now or hereafter amended. [1973 1st ex.s. c 81 § 3.] Sufficiency of petition in code city: RCW 35A.01.040. 35A.11.110 35A.11.110 Members of legislative bodies authorized to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers. Notwithstanding any other provision of law, the legislative body of any code city, by resolution adopted by a two-thirds vote of the full legislative body, may authorize any of its members to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers, or two or more of such positions, and to receive the same compensation, insurance, and other benefits as are applicable to other volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers employed by the code city. [2005 c 38 § 1; 1993 c 303 § 2; 1974 ex.s. c 60 § 2.] 35A.11.200 35A.11.200 Criminal code repeal by city operating municipal court—Agreement covering costs of handling resulting criminal cases—Arbitration. A code city operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW. [2005 c 433 § 42; 1984 c 258 § 209.] Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900. Additional notes found at www.leg.wa.gov 35A.11.210 35A.11.210 Juvenile curfews. (1) Any code city has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours. (2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance. [1994 sp.s. c 7 § 503.] Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. [Title 35A RCW—page 15] Chapter 35A.12 Title 35A RCW: Optional Municipal Code Chapter 35A.12 RCW MAYOR-COUNCIL PLAN OF GOVERNMENT Chapter 35A.12 Sections 35A.12.010 35A.12.020 35A.12.030 35A.12.040 35A.12.050 35A.12.060 35A.12.065 35A.12.070 35A.12.080 35A.12.090 35A.12.100 35A.12.110 35A.12.120 35A.12.130 35A.12.140 35A.12.150 35A.12.160 35A.12.170 35A.12.180 35A.12.190 Elective city officers—Size of council. Appointive officers—Duties—Compensation. Eligibility to hold elective office. Elections—Terms of elective officers—Numbering of council positions. Vacancies. Vacancy for nonattendance. Pro tempore appointments. Compensation of elective officers—Expenses. Oath and bond of officers. Appointment and removal of officers—Terms. Duties and authority of the mayor—Veto—Tie-breaking vote. Council meetings. Council—Quorum—Rules—Voting. Ordinances—Style—Requisites—Veto. Adoption of codes by reference. Ordinances—Authentication and recording. Publication of ordinances or summary—Public notice of hearings and meeting agendas. Audit and allowance of demands against city. Optional division of city into wards. Powers of council. 35A.12.010 Elective city officers—Size of council. The government of any noncharter code city or charter code city electing to adopt the mayor-council plan of government authorized by this chapter shall be vested in an elected mayor and an elected council. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants, the council shall consist of seven members. A city with a population of less than twenty-five hundred at the time of reclassification as an optional municipal code city may choose to maintain a seven-member council. The decision concerning the number of councilmembers shall be made by the council and be incorporated as a section of the ordinance adopting for the city the classification of noncharter code city. If the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a mayorcouncil code city, its population increases to twenty-five hundred or more inhabitants, the number of council offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of council offices in the city. When the population of a mayor-council code city having five council offices increases to five thousand or more inhabitants, the number of council offices in the city shall increase from five to seven members. In the event of an increase in the number of council offices, the city council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the mayorcouncil plan of government set forth in this chapter, may provide for an uneven number of councilmembers not exceeding eleven. 35A.12.010 [Title 35A RCW—page 16] A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven council offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of council offices to five. The ordinance shall specify which two council offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained council office, if necessary, in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained its old mayor-council plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government. [2009 c 549 § 3005; 1997 c 361 § 6; 1994 c 223 § 30; 1994 c 81 § 71; 1985 c 106 § 1; 1983 c 128 § 1; 1979 ex.s. c 18 § 19; 1979 c 151 § 33; 1967 ex.s. c 119 § 35A.12.010.] Population determinations, office of financial management: Chapter 43.62 RCW. Additional notes found at www.leg.wa.gov 35A.12.020 Appointive officers—Duties—Compensation. The appointive officers shall be those provided for by charter or ordinance and shall include a city clerk and a chief law enforcement officer. The office of city clerk may be merged with that of a city treasurer, if any, with an appropriate title designated therefor. Provision shall be made for obtaining legal counsel for the city, either by appointment of a city attorney on a full-time or part-time basis, or by any reasonable contractual arrangement for such professional services. The authority, duties and qualifications of all appointive officers shall be prescribed by charter or ordinance, consistent with the provisions of this title, and any amendments thereto, and the compensation of appointive officers shall be prescribed by ordinance: PROVIDED, That the compensation of an appointed municipal judge shall be within applicable statutory limits. [1987 c 3 § 14; 1967 ex.s. c 119 § 35A.12.020.] 35A.12.020 Additional notes found at www.leg.wa.gov 35A.12.030 Eligibility to hold elective office. No person shall be eligible to hold elective office under the mayorcouncil plan unless the person is a registered voter of the city at the time of filing his or her declaration of candidacy and has been a resident of the city for a period of at least one year next preceding his or her election. Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with such city is construed to have been residence within the city. A mayor or councilmember shall hold within the city government no other public office or employment except as permitted under the provisions of chapter 42.23 RCW. [2009 c 549 § 3006; 1979 ex.s. c 18 § 20; 1967 ex.s. c 119 § 35A.12.030.] 35A.12.030 Additional notes found at www.leg.wa.gov 35A.12.040 Elections—Terms of elective officers— Numbering of council positions. Officers shall be elected at 35A.12.040 (2010 Ed.) Mayor-Council Plan of Government biennial municipal elections to be conducted as provided in chapter 35A.29 RCW. The mayor and the councilmembers shall be elected for four-year terms of office and until their successors are elected and qualified and assume office in accordance with *RCW 29.04.170. At any first election upon reorganization, councilmembers shall be elected as provided in RCW 35A.02.050. Thereafter the requisite number of councilmembers shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes. Election to positions on the council shall be by majority vote from the city at large, unless provision is made by charter or ordinance for election by wards. The mayor and councilmembers shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance. [1994 c 223 § 31; 1979 ex.s. c 18 § 21; 1970 ex.s. c 52 § 3; 1967 ex.s. c 119 § 35A.12.040.] *Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Additional notes found at www.leg.wa.gov 35A.12.050 Vacancies. The office of a mayor or councilmember shall become vacant if the person who is elected or appointed to that position fails to qualify as provided by law, fails to enter upon the duties of that office at the time fixed by law without a justifiable reason, or as provided in RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the council shall be filled as provided in chapter 42.12 RCW. An incumbent councilmember is eligible to be appointed to fill a vacancy in the office of mayor. [2008 c 50 § 4; 1994 c 223 § 32; 1967 ex.s. c 119 § 35A.12.050.] 35A.12.050 35A.12.060 Vacancy for nonattendance. In addition a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council. [1994 c 223 § 33; 1967 ex.s. c 119 § 35A.12.060.] 35A.12.060 35A.12.065 Pro tempore appointments. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability. [2009 c 549 § 3007; 1967 ex.s. c 119 § 35A.12.065.] 35A.12.080 member of the city legislative body fixing his or her own compensation or as mayor in a mayor-council code city casts a tie-breaking vote relating to such ordinance: PROVIDED, That if the mayor of such a city does not cast such a vote, his or her salary may be increased during his or her term of office. Until the first elective officers under this mayor-council plan of government may lawfully be paid the compensation provided by such salary ordinance, such officers shall be entitled to be compensated in the same manner and in the same amount as the compensation paid to officers of such city performing comparable services immediately prior to adoption of this mayor-council plan. Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, such first officers shall be entitled to compensation as follows: In cities having less than five thousand inhabitants, the mayor shall be entitled to a salary of one hundred and fifty dollars per calendar month and a councilmember shall be entitled to twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants, the mayor shall be entitled to a salary of three hundred and fifty dollars per calendar month and a councilmember shall be entitled to one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants, the mayor shall be entitled to a salary of twelve hundred and fifty dollars per calendar month and a councilmember shall be entitled to four hundred dollars per calendar month: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the amounts herein provided shall not be construed as fixing the usual salary of such officers. The mayor and councilmembers shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance. [2009 c 549 § 3008; 1971 ex.s. c 251 § 5; 1967 ex.s. c 119 § 35A.12.070.] 35A.12.065 35A.12.070 Compensation of elective officers— Expenses. The salaries of the mayor and the councilmembers shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase in the compensation attaching to an office shall not be applicable to the term then being served by the incumbent if such incumbent is a 35A.12.070 (2010 Ed.) Limitations on salaries: State Constitution Art. 11 § 8. Additional notes found at www.leg.wa.gov 35A.12.080 35A.12.080 Oath and bond of officers. Any officer before entering upon the performance of his or her duties may be required to take an oath or affirmation as prescribed by charter or by ordinance for the faithful performance of his or her duties. The oath or affirmation shall be filed with the county auditor. The clerk, treasurer, if any, chief of police, and such other officers or employees as may be designated by ordinance or by charter shall be required to furnish annually an official bond conditioned on the honest and faithful performance of their official duties. The terms and penalty of official bonds and the surety therefor shall be prescribed by ordinance or charter and the bond shall be approved by the chief administrative officer of the city. The premiums on such bonds shall be paid by the city. When the furnishing of an official bond is required of an officer or employee, compliance with such provisions shall be an essential part of qual[Title 35A RCW—page 17] 35A.12.090 Title 35A RCW: Optional Municipal Code ification for office. [2009 c 549 § 3009; 1986 c 167 § 20; 1967 ex.s. c 119 § 35A.12.080.] Additional notes found at www.leg.wa.gov 35A.12.090 Appointment and removal of officers— Terms. The mayor shall have the power of appointment and removal of all appointive officers and employees subject to any applicable law, rule, or regulation relating to civil service. The head of a department or office of the city government may be authorized by the mayor to appoint and remove subordinates in such department or office, subject to any applicable civil service provisions. All appointments of city officers and employees shall be made on the basis of ability and training or experience of the appointees in the duties they are to perform, from among persons having such qualifications as may be prescribed by ordinance or by charter, and in compliance with provisions of any merit system applicable to such city. Confirmation by the city council of appointments of officers and employees shall be required only when the city charter, or the council by ordinance, provides for confirmation of such appointments. Confirmation of mayoral appointments by the council may be required by the council in any instance where qualifications for the office or position have not been established by ordinance or charter provision. Appointive offices shall be without definite term unless a term is established for such office by law, charter or ordinance. [1987 c 3 § 15; 1967 ex.s. c 119 § 35A.12.090.] 35A.12.090 Additional notes found at www.leg.wa.gov 35A.12.100 Duties and authority of the mayor— Veto—Tie-breaking vote. The mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees, with authority to designate assistants and department heads. The mayor may appoint and remove a chief administrative officer or assistant administrative officer, if so provided by ordinance or charter. He or she shall see that all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision of the administration of city government and all city interests. All official bonds and bonds of contractors with the city shall be submitted to the mayor or such person as he or she may designate for approval or disapproval. He or she shall see that all contracts and agreements made with the city or for its use and benefit are faithfully kept and performed, and to this end he or she may cause any legal proceedings to be instituted and prosecuted in the name of the city, subject to approval by majority vote of all members of the council. The mayor shall preside over all meetings of the city council, when present, but shall have a vote only in the case of a tie in the votes of the councilmembers with respect to matters other than the passage of any ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money. He or she shall report to the council concerning the affairs of the city and its financial and other needs, and shall make recommendations for council consideration and action. He or she shall prepare and submit to the council a proposed budget, as required by chapter 35A.33 RCW. The mayor shall have the power to veto ordinances passed by the council and submitted to him or her as provided in RCW 35A.12.130 but such veto may be overridden by the 35A.12.100 [Title 35A RCW—page 18] vote of a majority of all councilmembers plus one more vote. The mayor shall be the official and ceremonial head of the city and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor’s attendance at an official function and no mayor pro tempore has been appointed by the council, a member of the council or some other suitable person may be designated by the mayor to represent the city on such occasion. [2009 c 549 § 3010; 1979 ex.s. c 18 § 22; 1967 ex.s. c 119 § 35A.12.100.] Additional notes found at www.leg.wa.gov 35A.12.110 35A.12.110 Council meetings. The city council and mayor shall meet regularly, at least once a month, at a place and at such times as may be designated by the city council. All final actions on resolutions and ordinances must take place within the corporate limits of the city. Special meetings may be called by the mayor or any three members of the council by written notice delivered to each member of the council at least twenty-four hours before the time specified for the proposed meeting. All actions that have heretofore been taken at special council meetings held pursuant to this section, but for which the number of hours of notice given has been at variance with requirements of RCW 42.30.080, are hereby validated. All council meetings shall be open to the public except as permitted by chapter 42.30 RCW. No ordinance or resolution shall be passed, or contract let or entered into, or bill for the payment of money allowed at any meeting not open to the public, nor at any public meeting the date of which is not fixed by ordinance, resolution, or rule, unless public notice of such meeting has been given by such notice to each local newspaper of general circulation and to each local radio or television station, as provided in RCW 42.30.080 as now or hereafter amended. Meetings of the council shall be presided over by the mayor, if present, or otherwise by the mayor pro tempore, or deputy mayor if one has been appointed, or by a member of the council selected by a majority of the councilmembers at such meeting. Appointment of a councilmember to preside over the meeting shall not in any way abridge his or her right to vote on matters coming before the council at such meeting. In the absence of the clerk, a deputy clerk or other qualified person appointed by the clerk, the mayor, or the council, may perform the duties of clerk at such meeting. A journal of all proceedings shall be kept, which shall be a public record. [2009 c 549 § 3011; 1993 c 199 § 3; 1979 ex.s. c 18 § 23; 1967 ex.s. c 119 § 35A.12.110.] Additional notes found at www.leg.wa.gov 35A.12.120 35A.12.120 Council—Quorum—Rules—Voting. At all meetings of the council a majority of the councilmembers shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The council shall determine its own rules and order of business, and may establish rules for the conduct of council meetings and the maintenance of order. At the desire of any member, any question shall be voted upon by roll call and the ayes and nays shall be recorded in the journal. (2010 Ed.) Mayor-Council Plan of Government The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the council. [2009 c 549 § 3012; 1967 ex.s. c 119 § 35A.12.120.] 35A.12.180 adoption, not less than one copy thereof shall be filed in the office of the city clerk for examination by the public. [1995 c 71 § 1; 1982 c 226 § 2; 1967 ex.s. c 119 § 35A.12.140.] Additional notes found at www.leg.wa.gov 35A.12.150 Ordinances—Authentication and recording. The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the council. Such book, or copies of ordinances and resolutions, shall be available for inspection by the public at reasonable times and under reasonable conditions. [2009 c 549 § 3014; 1967 ex.s. c 119 § 35A.12.150.] 35A.12.150 35A.12.130 Ordinances—Style—Requisites—Veto. The enacting clause of all ordinances shall be as follows: "The city council of the city of . . . . . . do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title. No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money. Every ordinance which passes the council in order to become valid must be presented to the mayor; if he or she approves it, he or she shall sign it, but if not, he or she shall return it with his or her written objections to the council and the council shall cause his or her objections to be entered at large upon the journal and proceed to a reconsideration thereof. If upon reconsideration a majority plus one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the mayor’s veto. If the mayor fails for ten days to either approve or veto an ordinance, it shall become valid without his or her approval. Ordinances shall be signed by the mayor and attested by the clerk. [2009 c 549 § 3013; 1967 ex.s. c 119 § 35A.12.130.] 35A.12.130 35A.12.140 Adoption of codes by reference. Ordinances may by reference adopt Washington state statutes and state, county, or city codes, regulations, or ordinances or any standard code of technical regulations, or portions thereof, including, for illustrative purposes but not limited to, fire codes and codes or ordinances relating to the construction of buildings, the installation of plumbing, the installation of electric wiring, health and sanitation, the slaughtering, processing, and selling of meats and meat products for human consumption, the production, pasteurizing, and sale of milk and milk products, or other subjects, together with amendments thereof or additions thereto, on the subject of the ordinance. Such Washington state statutes or codes or other codes or compilations so adopted need not be published in a newspaper as provided in RCW 35A.12.160, but the adopting ordinance shall be so published and a copy of any such adopted statute, ordinance, or code, or portion thereof, with amendments or additions, if any, in the form in which it was adopted, shall be filed in the office of the city clerk for use and examination by the public. While any such statute, code, or compilation is under consideration by the council prior to 35A.12.140 (2010 Ed.) 35A.12.160 Publication of ordinances or summary— Public notice of hearings and meeting agendas. Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the city’s official newspaper. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request. An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid. In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city’s official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement. [1994 c 273 § 15; 1988 c 168 § 7; 1987 c 400 § 3; 1985 c 469 § 42; 1967 ex.s. c 119 § 35A.12.160.] 35A.12.160 35A.12.170 Audit and allowance of demands against city. All demands against a code city shall be presented and audited in accordance with such regulations as may be prescribed by charter or ordinance; and upon the allowance of a demand, the clerk shall draw a warrant upon the treasurer for it, which warrant shall be countersigned by the mayor, or such person as he or she may designate, and shall specify the fund from which it is to be paid; or, payment may be made by a bank check when authorized by the legislative body of the code city under authority granted by RCW 35A.40.020, which check shall bear the signatures of the officers designated by the legislative body as required signatories of checks of such city, and shall specify the fund from which it is to be paid. [2009 c 549 § 3015; 1967 ex.s. c 119 § 35A.12.170.] 35A.12.170 35A.12.180 Optional division of city into wards. At any time not within three months previous to a municipal 35A.12.180 [Title 35A RCW—page 19] 35A.12.190 Title 35A RCW: Optional Municipal Code general election the council of a noncharter code city organized under this chapter may divide the city into wards or change the boundaries of existing wards. No change in the boundaries of wards shall affect the term of any councilmember, and councilmembers shall serve out their terms in the wards of their residences at the time of their elections: PROVIDED, That if this results in one ward being represented by more councilmembers than the number to which it is entitled those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of those positions being vacant. The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable. Wards shall be redrawn as provided in *chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. [1994 c 223 § 34; 1967 ex.s. c 119 § 35A.12.180.] *Reviser’s note: Chapter 29.70 RCW was recodified as chapter 29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004. 35A.12.190 Powers of council. The council of any code city organized under the mayor-council plan of government provided in this chapter shall have the powers and authority granted to the legislative bodies of cities governed by this title, as more particularly described in chapter 35A.11 RCW. [1967 ex.s. c 119 § 35A.12.190.] 35A.12.190 Chapter 35A.13 RCW COUNCIL-MANAGER PLAN OF GOVERNMENT Chapter 35A.13 Sections 35A.13.010 City officers—Size of council. 35A.13.020 Election of councilmembers—Eligibility—Terms—Vacancies—Forfeiture of office—Council chair. 35A.13.030 Mayor—Election—Chair to be mayor—Duties. 35A.13.033 Election on proposition to designate person elected to position one as chair—Subsequent holders of position one to be chair. 35A.13.035 Mayor pro tempore or deputy mayor. 35A.13.040 Compensation of councilmembers—Expenses. 35A.13.050 City manager—Qualifications. 35A.13.060 City manager may serve two or more cities. 35A.13.070 City manager—Bond and oath. 35A.13.080 City manager—Powers and duties. 35A.13.090 Creation of departments, offices, and employment—Compensation. 35A.13.100 City manager—Department heads—Authority. 35A.13.110 City manager—Appointment of subordinates—Qualifications—Terms. 35A.13.120 City manager—Interference by councilmembers. 35A.13.130 City manager—Removal—Resolution and notice. 35A.13.140 City manager—Removal—Reply and hearing. 35A.13.150 City manager—Substitute. 35A.13.160 Oath and bond of officers. 35A.13.170 Council meetings—Quorum—Rules—Voting. 35A.13.180 Adoption of codes by reference. [Title 35A RCW—page 20] 35A.13.190 35A.13.200 35A.13.210 35A.13.220 35A.13.230 Ordinances—Style—Requisites—Veto. Authentication, recording and publication of ordinances. Audit and allowance of demands against city. Optional division of city into wards. Powers of council. 35A.13.010 City officers—Size of council. The councilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a councilmanager code city its population increases to twenty-five hundred or more inhabitants, the number of council offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of council offices in the city. When the population of a council-manager code city having five council offices increases to five thousand or more inhabitants, the number of council offices in the city shall increase from five to seven members. In the event of an increase in the number of council offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the councilmanager plan of government set forth in this chapter may provide for an uneven number of councilmembers not exceeding eleven. A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven council offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of council offices to five. The ordinance shall specify which two council offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained council office, if necessary, in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government. [2009 c 549 § 3016; 1994 c 223 § 35; 1994 c 81 § 72; 1987 c 3 § 16; 1985 c 106 § 2; 1983 c 128 § 2; 1979 35A.13.010 (2010 Ed.) Council-Manager Plan of Government ex.s. c 18 § 24; 1979 c 151 § 34; 1967 ex.s. c 119 § 35A.13.010.] Population determinations, office of financial management: Chapter 43.62 RCW. Additional notes found at www.leg.wa.gov 35A.13.020 Election of councilmembers—Eligibility—Terms—Vacancies—Forfeiture of office—Council chair. In council-manager code cities, eligibility for election to the council, the manner of electing councilmembers, the numbering of council positions, the terms of councilmembers, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilmember pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor-council plan, except that in council-manager cities where all council positions are at-large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council position one shall be the council chair and shall carry out the duties prescribed by RCW 35A.13.030. [2009 c 549 § 3017; 1994 c 223 § 36; 1975 1st ex.s. c 155 § 1; 1967 ex.s. c 119 § 35A.13.020.] 35A.13.020 35A.13.030 Mayor—Election—Chair to be mayor— Duties. Biennially at the first meeting of the new council the members thereof shall choose a chair from among their number unless the chair is elected pursuant to RCW 35A.13.033. The chair of the council shall have the title of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him or her as mayor, he or she shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He or she shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall take command of the police, maintain law, and enforce order. [2009 c 549 § 3018; 1975 1st ex.s. c 155 § 2; 1967 ex.s. c 119 § 35A.13.030.] 35A.13.030 35A.13.033 Election on proposition to designate person elected to position one as chair—Subsequent holders of position one to be chair. The city council of a councilmanager city may by resolution place before the voters of the city, a proposition to designate the person elected to council position one as the chair of the council with the powers and duties set forth in RCW 35A.13.030. If a majority of those voting on the proposition cast a positive vote, then at all subsequent general elections at which position one is on the ballot, the person who is elected to position one shall become the chair upon taking office. [2009 c 549 § 3019; 1975 1st ex.s. c 155 § 3.] 35A.13.033 35A.13.035 Mayor pro tempore or deputy mayor. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu 35A.13.035 (2010 Ed.) 35A.13.050 thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability. [2009 c 549 § 3020; 1969 ex.s. c 81 § 1.] Additional notes found at www.leg.wa.gov 35A.13.040 Compensation of councilmembers— Expenses. The salaries of the councilmembers, including the mayor, shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmembers may not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished after the mayor has been chosen by the council. Until councilmembers of a newly organized councilmanager code city may lawfully be paid as provided by salary ordinance, such councilmembers shall be entitled to compensation in the same manner and in the same amount as councilmembers of such city prior to the adoption of this councilmanager plan. Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, the first councilmembers shall be entitled to compensation as follows: In cities having less than five thousand inhabitants—twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants—a salary of one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants—a salary of four hundred dollars per calendar month. A councilmember who is occupying the position of mayor, in addition to his or her salary as a councilmember, shall be entitled, while serving as mayor, to an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the councilmember salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the usual compensation of such officers. Councilmembers shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance. [2009 c 549 § 3021; 1979 ex.s. c 18 § 25; 1967 ex.s. c 119 § 35A.13.040.] 35A.13.040 Additional notes found at www.leg.wa.gov 35A.13.050 City manager—Qualifications. The city manager need not be a resident at the time of his or her appointment, but shall reside in the code city after his or her appointment unless such residence is waived by the council. He or she shall be chosen by the council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in, or his or her knowledge of, accepted practice in respect to the duties of 35A.13.050 [Title 35A RCW—page 21] 35A.13.060 Title 35A RCW: Optional Municipal Code his or her office. No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he or she was elected. [2009 c 549 § 3022; 1967 ex.s. c 119 § 35A.13.050.] 35A.13.060 City manager may serve two or more cities. Whether the city manager shall devote his or her full time to the affairs of one code city shall be determined by the council. A city manager may serve two or more cities in that capacity at the same time. [2009 c 549 § 3023; 1967 ex.s. c 119 § 35A.13.060.] 35A.13.060 35A.13.070 City manager—Bond and oath. Before entering upon the duties of his or her office the city manager shall take an oath or affirmation for the faithful performance of his or her duties and shall execute and file with the clerk of the council a bond in favor of the code city in such sum as may be fixed by the council. The premium on such bond shall be paid by the city. [2009 c 549 § 3024; 1967 ex.s. c 119 § 35A.13.070.] 35A.13.070 35A.13.080 City manager—Powers and duties. The powers and duties of the city manager shall be: (1) To have general supervision over the administrative affairs of the code city; (2) To appoint and remove at any time all department heads, officers, and employees of the code city, except members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of a city planning commission, and other advisory citizens’ committees, commissions, and boards advisory to the city council: PROVIDED FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be made by the city manager subject to confirmation by the council, for a four year term. The council may cause an audit to be made of any department or office of the code city government and may select the persons to make it, without the advice or consent of the city manager; (3) To attend all meetings of the council at which his or her attendance may be required by that body; (4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the mayor to maintain law and order in times of emergency; (5) To recommend for adoption by the council such measures as he or she may deem necessary or expedient; (6) To prepare and submit to the council such reports as may be required by that body or as he or she may deem it advisable to submit; (7) To keep the council fully advised of the financial condition of the code city and its future needs; (8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW, and to be responsible for its administration upon adoption; (9) To perform such other duties as the council may determine by ordinance or resolution. [2009 c 549 § 3025; 1987 c 3 § 17; 1967 ex.s. c 119 § 35A.13.080.] 35A.13.080 Additional notes found at www.leg.wa.gov [Title 35A RCW—page 22] 35A.13.090 Creation of departments, offices, and employment—Compensation. On recommendation of the city manager or upon its own action, the council may create such departments, offices, and employments as it may find necessary or advisable and may determine the powers and duties of each department or office. Compensation of appointive officers and employees may be fixed by ordinance after recommendations are made by the city manager. The appointive officers shall include a city clerk and a chief of police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make provision for obtaining legal counsel for the city, either by appointment of a city attorney on a full time or part time basis, or by any reasonable contractual arrangement for such professional services. [1967 ex.s. c 119 § 35A.13.090.] 35A.13.090 35A.13.100 City manager—Department heads— Authority. The city manager may authorize the head of a department or office responsible to him or her to appoint and remove subordinates in such department or office. Any officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who holds his or her position subject to civil service, may be removed by the manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil service. Subject to the provisions of RCW 35A.13.080 and any applicable civil service provisions, the decision of the manager or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body, or court whatsoever. [2009 c 549 § 3026; 1967 ex.s. c 119 § 35A.13.100.] 35A.13.100 35A.13.110 City manager—Appointment of subordinates—Qualifications—Terms. Appointments made by or under the authority of the city manager shall be on the basis of ability and training or experience of the appointees in the duties which they are to perform, and shall be in compliance with provisions of any merit system applicable to such city. Residence within the code city shall not be a requirement. All such appointments shall be without definite term. [1967 ex.s. c 119 § 35A.13.110.] 35A.13.110 35A.13.120 City manager—Interference by councilmembers. Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his or her removal from, office by the city manager or any of his or her subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately. The provisions of this section do not prohibit the council, while in open session, from fully and freely discussing with the city manager anything pertaining to appointments and removals of city officers and employees and city affairs. [2009 c 549 § 3027; 1967 ex.s. c 119 § 35A.13.120.] 35A.13.120 35A.13.130 City manager—Removal—Resolution and notice. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the 35A.13.130 (2010 Ed.) Annexation by Code Cities council. At least thirty days before the effective date of his or her removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the city council stating the council’s intention to remove him or her and the reasons therefor. Upon passage of the resolution stating the council’s intention to remove the manager, the council by a similar vote may suspend him or her from duty, but his or her pay shall continue until his or her removal becomes effective. [2009 c 549 § 3028; 1967 ex.s. c 119 § 35A.13.130.] 35A.13.140 City manager—Removal—Reply and hearing. The city manager may, within thirty days from the date of service upon him or her of a copy thereof, reply in writing to the resolution stating the council’s intention to remove him or her. In the event no reply is timely filed, the resolution shall upon the thirty-first day from the date of such service, constitute the final resolution removing the manager and his or her services shall terminate upon that day. If a reply shall be timely filed with the city clerk, the council shall fix a time for a public hearing upon the question of the manager’s removal and a final resolution removing the manager shall not be adopted until a public hearing has been had. The action of the council in removing the manager shall be final. [2009 c 549 § 3029; 1967 ex.s. c 119 § 35A.13.140.] 35A.13.140 35A.13.150 City manager—Substitute. The council may designate a qualified administrative officer of the city or town to perform the duties of manager: (1) Upon the adoption of the council-manager plan, pending the selection and appointment of a manager; or (2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager; or (3) During the absence, disability, or suspension of the manager. [1967 ex.s. c 119 § 35A.13.150.] 35A.13.150 35A.13.160 Oath and bond of officers. All provisions of RCW 35A.12.080 relating to oaths and bonds of officers, shall be applicable to code cities organized under this council-manager plan. [1967 ex.s. c 119 § 35A.13.160.] 35A.13.160 35A.13.170 Council meetings—Quorum—Rules— Voting. All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings, a quorum for transaction of business, rules and voting at council meetings, shall be applicable to code cities organized under this council-manager plan. [1979 ex.s. c 18 § 26; 1967 ex.s. c 119 § 35A.13.170.] No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money. [1967 ex.s. c 119 § 35A.13.190.] 35A.13.200 Authentication, recording and publication of ordinances. Ordinances of code cities organized under this chapter shall be authenticated, recorded and published as provided in RCW 35A.12.150 and 35A.12.160. [1967 ex.s. c 119 § 35A.13.200.] 35A.13.200 35A.13.210 Audit and allowance of demands against city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. [1967 ex.s. c 119 § 35A.13.210.] 35A.13.210 35A.13.220 Optional division of city into wards. A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180. [1967 ex.s. c 119 § 35A.13.220.] 35A.13.220 35A.13.230 Powers of council. The council of any code city organized under the council-manager plan provided in this chapter shall have the powers and authority granted to legislative bodies of cities governed by this title as more particularly described in chapter 35A.11 RCW, except insofar as such power and authority is vested in the city manager. [1967 ex.s. c 119 § 35A.13.230.] 35A.13.230 Chapter 35A.14 35A.13.170 35A.14.001 35A.14.005 35A.14.010 35A.14.015 35A.14.020 35A.14.025 35A.13.180 35A.13.190 Ordinances—Style—Requisites—Veto. The enacting clause of all ordinances shall be as follows: "The city council of the city of . . . . . . do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title. 35A.14.030 35A.14.040 35A.14.050 35A.14.070 35A.14.080 35A.13.190 (2010 Ed.) Chapter 35A.14 RCW ANNEXATION BY CODE CITIES Sections Additional notes found at www.leg.wa.gov 35A.13.180 Adoption of codes by reference. Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW 35A.12.140. [1967 ex.s. c 119 § 35A.13.180.] Chapter 35A.14 35A.14.085 35A.14.090 35A.14.100 Actions subject to review by boundary review board. Annexations beyond urban growth areas prohibited. Authority for annexation. Election method—Resolution for election—Contents of resolution. Election method—Contents of petition—Certification by auditor—Approval or rejection by legislative body— Costs. Election method—Creation of community municipal corporation. Filing of petition as approved by city. Election method—Hearing by review board—Notice. Decision of the county annexation review board—Filing— Date for election. Election method—Notice of election. Election method—Vote required for annexation—Proposition for assumption of indebtedness—Certification. Election method—Vote required for annexation with assumption of indebtedness—Without assumption of indebtedness. Election method—Ordinance providing for annexation, assumption of indebtedness. Election method—Effective date of annexation. [Title 35A RCW—page 23] 35A.14.001 35A.14.110 35A.14.120 35A.14.130 35A.14.140 35A.14.150 35A.14.160 35A.14.170 35A.14.180 35A.14.190 35A.14.200 35A.14.210 35A.14.220 35A.14.231 35A.14.295 35A.14.297 35A.14.299 35A.14.300 35A.14.310 35A.14.320 35A.14.330 35A.14.340 35A.14.380 35A.14.400 35A.14.410 35A.14.420 35A.14.430 35A.14.440 35A.14.450 35A.14.460 35A.14.470 35A.14.475 35A.14.480 35A.14.485 35A.14.488 35A.14.490 35A.14.500 35A.14.550 35A.14.700 35A.14.801 35A.14.900 35A.14.901 Title 35A RCW: Optional Municipal Code Election method is alternative. Direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition. Direct petition method—Notice of hearing. Direct petition method—Ordinance providing for annexation. Direct petition method—Effective date of annexation. Annexation review board—Composition. Time for filing nominations—Vacancies. Terms of members. Organization of annexation review board—Rules—Journal—Authority. Determination by county annexation review board—Factors considered—Filing of findings and decision. Court review of decisions of the county annexation review board. When review procedure may be dispensed with. Territory subject to annexation proposal—When annexation by another city or incorporation allowed. Annexation of unincorporated island of territory within code city—Resolution—Notice of hearing. Ordinance providing for annexation of unincorporated island of territory—Referendum. Annexation of unincorporated island of territory within code city—Referendum—Effective date if no referendum. Annexation for municipal purposes. Annexation of federal areas. Annexation of federal areas—Provisions of ordinance— Authority over annexed territory. Proposed zoning regulation—Purposes of regulations and restrictions. Notice and hearing—Filings and recordings. Ownership of assets of fire protection district—Assumption of responsibility of fire protection—When at least sixty percent of assessed valuation is annexed or incorporated in code city. Ownership of assets of fire protection district—When less than sixty percent of assessed valuation is annexed or incorporated in code city. When right-of-way may be included—Use of right-of-way line as corporate boundary. Alternative direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition. Alternative direct petition method—Notice of hearing. Alternative direct petition method—Ordinance providing for annexation. Alternative direct petition method—Effective date of annexation. Annexation of territory within urban growth areas—Interlocal agreement—Public hearing—Ordinance providing for annexation. Annexation of territory within urban growth areas—County may initiate process with other cities or towns—Interlocal agreement—Public hearing—Ordinance—Referendum— Election, when necessary. Annexation of territory within regional transit authorities. Annexation of territory served by fire districts—Interlocal agreement process. Annexation of fire districts—Transfer of employees. Fire protection and safety in proposed annexed territory— Report request. Annexation of territory used for an agricultural fair. Outstanding indebtedness not affected. Providing annexation information to public. Determining population of annexed territory—Certificate— As basis for allocation of state funds—Revised certificate. Taxes collected in annexed territory—Notification of annexation. Cancellation, acquisition of franchise or permit for operation of public service business in territory annexed—Regulation of solid waste collection. Application of chapter to annexations involving water or sewer service. Annexation of fire protection district territory: RCW 35.02.190 through 35.02.205. Resolution initiating election may provide for inclusion of annexed area into community municipal corporation: RCW 35.13.015. Water, sewer, or fire districts, annexation of: Chapter 35.13A RCW. [Title 35A RCW—page 24] 35A.14.001 Actions subject to review by boundary review board. Actions taken under chapter 35A.14 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 38.] 35A.14.001 35A.14.005 Annexations beyond urban growth areas prohibited. No code city located in a county in which urban growth areas have been designated under RCW 36.70A.110 may annex territory beyond an urban growth area. [1990 1st ex.s. c 17 § 31.] 35A.14.005 Additional notes found at www.leg.wa.gov 35A.14.010 Authority for annexation. Any portion of a county not incorporated as part of a city or town but lying contiguous to a code city may become a part of the charter code city or noncharter code city by annexation. An area proposed to be annexed to a charter code city or noncharter code city shall be deemed contiguous thereto even though separated by water or tide or shore lands and, upon annexation of such area, any such intervening water and/or tide or shore lands shall become a part of such annexing city. [2009 c 402 § 4; 1967 ex.s. c 119 § 35A.14.010.] 35A.14.010 Intent—2009 c 402: See note following RCW 35.13.490. 35A.14.015 Election method—Resolution for election—Contents of resolution. When the legislative body of a charter code city or noncharter code city shall determine that the best interests and general welfare of such city would be served by the annexation of unincorporated territory contiguous to such city, such legislative body may, by resolution, call for an election to be held to submit to the voters of such territory the proposal for annexation. The resolution shall, subject to RCW 35.02.170, describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and shall provide that said city will pay the cost of the annexation election. The resolution may require that there also be submitted to the electorate of the territory sought to be annexed a proposition that all property within the area annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as the property of such annexing city is assessed and taxed to pay for all or any portion of the then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation. Whenever such city has prepared and filed a proposed zoning regulation for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, the resolution initiating the election may also provide for the simultaneous adoption of the proposed zoning regulation upon approval of annexation by the electorate of the area to be annexed. A certified copy of the resolution shall be filed with the legislative authority of the county in which said territory is located. A certified copy of the resolution shall be filed with the boundary review board as provided for in chapter 36.93 RCW or the county annexation review board established by RCW 35A.14.200, unless such annexation proposal is within the provisions of RCW 35A.14.220. [1986 c 234 § 29; 1979 ex.s. c 124 § 1; 1975 1st ex.s. c 220 § 14; 1971 ex.s. c 251 § 10; 1967 ex.s. c 119 § 35A.14.015.] 35A.14.015 (2010 Ed.) Annexation by Code Cities Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170. Additional notes found at www.leg.wa.gov 35A.14.020 Election method—Contents of petition— Certification by auditor—Approval or rejection by legislative body—Costs. When a petition is sufficient under the rules set forth in RCW 35A.01.040, calling for an election to vote upon the annexation of unincorporated territory contiguous to a code city, describing the boundaries of the area proposed to be annexed, stating the number of voters therein as nearly as may be, and signed by qualified electors resident in such territory equal in number to ten percent of the votes cast at the last state general election therein, it shall be filed with the auditor of the county in which all, or the greatest portion, of the territory is located, and a copy of the petition shall be filed with the legislative body of the code city. If the territory is located in more than a single county, the auditor of the county with whom the petition is filed shall act as the lead auditor and transmit a copy of the petition to the auditor of each other county within which a portion of the territory is located. The auditor or auditors shall examine the petition, and the auditor or lead auditor shall certify the sufficiency of the petition to the legislative authority of the code city. If the signatures on the petition are certified as containing sufficient valid signatures, the city legislative authority shall, by resolution entered within sixty days thereafter, notify the petitioners, either by mail or by publication in the same manner notice of hearing is required by RCW 35A.14.040 to be published, of its approval or rejection of the proposed action. In approving the proposed action, the legislative body may require that there also be submitted to the electorate of the territory to be annexed, a proposition that all property within the area to be annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as the property of such annexing city is assessed and taxed to pay for all or any portion of the then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation. Only after the legislative body has completed preparation and filing of a proposed zoning regulation for the area to be ann ex ed as pr ov ided fo r in R CW 3 5A.14 .33 0 and 35A.14.340, the legislative body in approving the proposed action, may require that the proposed zoning regulation be simultaneously adopted upon the approval of annexation by the electorate of the area to be annexed. The approval of the legislative body shall be a condition precedent to further proceedings upon the petition. The costs of conducting the election called for in the petition shall be a charge against the city concerned. The proposition or questions provided for in this section may be submitted to the voter either separately or as a single proposition. [1989 c 351 § 4; 1981 c 332 § 6; 1979 ex.s. c 124 § 2; 1967 ex.s. c 119 § 35A.14.020.] 35A.14.020 Additional notes found at www.leg.wa.gov 35A.14.025 Election method—Creation of community municipal corporation. The resolution initiating the annexation of territory under RCW 35A.14.015, and the petition initiating the annexation of territory under RCW 35A.14.020, may provide for the simultaneous creation of a 35A.14.025 (2010 Ed.) 35A.14.040 community municipal corporation and election of community council members as provided for in chapter 35.14 RCW, as separate ballot measures or as part of the same ballot measure authorizing the annexation, or for the simultaneous inclusion of the annexed area into a named existing community municipal corporation operating under chapter 35.14 RCW, as separate ballot measures or as part of the same ballot measure authorizing the annexation. If the petition so provides for the creation of a community municipal corporation and election of community council members, the petition shall describe the boundaries of the proposed service area, state the number of voters residing therein as nearly as may be, and pray for the election of community council members by the voters residing in the service area. The ballots shall contain the words "For annexation and creation of community municipal corporation" and "Against annexation and creation of community municipal corporation," or "For creation of community municipal corporation" and "Against creation of community municipal corporation," as the case may be. Approval of either optional ballot proposition shall be by simple majority vote of the voters voting on the proposition, but the annexation must be authorized before a community municipal corporation is created. [1993 c 75 § 3.] 35A.14.030 Filing of petition as approved by city. Upon approval of the petition for election by the legislative body of the code city to which such territory is proposed to be annexed, the petition shall be filed with the legislative authority of the county in which such territory is located, along with a statement, in the form required by the city, of the provisions, if any there be, relating to assumption of the portion of the debt that the city requires to be assumed by the owners of property of the area proposed to be annexed, and/or the simultaneous adoption of a proposed zoning regulation for the area. A copy of the petition and the statement, if any, shall also be filed with the boundary review board as provided for in chapter 36.93 RCW or the county annexation review board established by RCW 35A.14.160, unless such proposed annexation is within the provisions of RCW 35A.14.220. [1979 ex.s. c 124 § 3; 1971 ex.s. c 251 § 6; 1967 ex.s. c 119 § 35A.14.030.] 35A.14.030 Additional notes found at www.leg.wa.gov 35A.14.040 Election method—Hearing by review board—Notice. Within ten days after receipt of a petition or resolution calling for an election on the question of annexation, the county annexation review board shall meet and, if the proposed annexation complies with the requirements of law, shall fix a date for a hearing thereon, to be held not less than fifteen days nor more than thirty days thereafter, of which hearing the city must give notice by publication at least once a week for two weeks prior thereto in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the area proposed to be annexed. The hearing shall be held within the city to which the territory is proposed to be annexed, at a time and place to be designated by the board. Upon the day fixed, the board shall conduct a hearing upon the petition or resolution, at which hearing a representative of the city shall make a 35A.14.040 [Title 35A RCW—page 25] 35A.14.050 Title 35A RCW: Optional Municipal Code brief presentation to the board in explanation of the annexation and the benefits to be derived therefrom, and the petitioners and any resident of the city or the area proposed to be annexed shall be afforded a reasonable opportunity to be heard. The hearing may be adjourned from time to time in the board’s discretion, not to exceed thirty days in all from the commencement of the hearing. [1967 ex.s. c 119 § 35A.14.040.] 35A.14.050 Decision of the county annexation review board—Filing—Date for election. After consideration of the proposed annexation as provided in RCW 35A.14.200, the county annexation review board, within thirty days after the final day of hearing, shall take one of the following actions: (1) Approval of the proposal as submitted. (2) Subject to RCW 35.02.170, modification of the proposal by adjusting boundaries to include or exclude territory; except that any such inclusion of territory shall not increase the total area of territory proposed for annexation by an amount exceeding the original proposal by more than five percent: PROVIDED, That the county annexation review board shall not adjust boundaries to include territory not included in the original proposal without first affording to residents and property owners of the area affected by such adjustment of boundaries an opportunity to be heard as to the proposal. (3) Disapproval of the proposal. The written decision of the county annexation review board shall be filed with the board of county commissioners and with the legislative body of the city concerned. If the annexation proposal is modified by the county annexation review board, such modification shall be fully set forth in the written decision. If the decision of the boundary review board or the county annexation review board is favorable to the annexation proposal, or the proposal as modified by the review board, the legislative body of the city at its next regular meeting if to be held within thirty days after receipt of the decision of the boundary review board or the county annexation review board, or at a special meeting to be held within that period, shall indicate to the county auditor its preference for a special election date for submission of such annexation proposal, with any modifications made by the review board, to the voters of the territory proposed to be annexed. The special election date that is so indicated shall be one of the dates for special elections provided under *RCW 29.13.020 that is sixty or more days after the date the preference is indicated. The county legislative authority shall call the special election at the special election date so indicated by the city. If the boundary review board or the county annexation review board disapproves the annexation proposal, no further action shall be taken thereon, and no proposal for annexation of the same territory, or substantially the same as determined by the board, shall be initiated or considered for twelve months thereafter. [1989 c 351 § 5; 1986 c 234 § 30; 1975 1st ex.s. c 220 § 15; 1971 ex.s. c 251 § 7; 1967 ex.s. c 119 § 35A.14.050.] 35A.14.050 *Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170. [Title 35A RCW—page 26] Additional notes found at www.leg.wa.gov 35A.14.070 Election method—Notice of election. Notice of an annexation election shall particularly describe the boundaries of the area proposed to be annexed, as the same may have been modified by the boundary review board or the county annexation review board, state the objects of the election as prayed in the petition or as stated in the resolution, and require the voters to cast ballots which shall contain the words "For Annexation" or "Against Annexation" or words equivalent thereto, or contain the words "For Annexation and Adoption of Proposed Zoning Regulation", and "Against Annexation and Adoption of Proposed Zoning Regulation", or words equivalent thereto in case the simultaneous adoption of a proposed zoning regulation is proposed, and in case the assumption of all or a portion of indebtedness is proposed, shall contain an appropriate, separate proposition for or against the portion of indebtedness that the city requires to be assumed. The notice shall be posted for at least two weeks prior to the date of election in four public places within the area proposed to be annexed and published at least once a week for two weeks prior to the date of election in a newspaper of general circulation within the limits of the territory proposed to be annexed. Such notice shall be in addition to the notice required by general election law. [1994 c 223 § 38; 1979 ex.s. c 124 § 4; 1967 ex.s. c 119 § 35A.14.070.] 35A.14.070 Additional notes found at www.leg.wa.gov 35A.14.080 Election method—Vote required for annexation—Proposition for assumption of indebtedness—Certification. On the Monday next succeeding the annexation election, the county canvassing board shall proceed to canvass the returns thereof and shall submit the statement of canvass to the county legislative authority. The proposition for or against annexation or for or against annexation and adoption of the proposed zoning regulation, as the case may be, shall be deemed approved if a majority of the votes cast on that proposition are cast in favor of annexation or in favor of annexation and adoption of the proposed zoning regulation, as the case may be. If a proposition for or against assumption of all or any portion of indebtedness was submitted to the electorate, it shall be deemed approved if a majority of at least three-fifths of the electors of the territory proposed to be annexed voting on such proposition vote in favor thereof, and the number of persons voting on such proposition constitutes not less than forty percent of the total number of votes cast in such territory at the last preceding general election. If either or both propositions were approved by the electors, the county legislative authority shall enter a finding to that effect on its minutes, a certified copy of which shall be forthwith transmitted to and filed with the clerk of the city to which annexation is proposed, together with a certified abstract of the vote showing the whole number who voted at the election, the number of votes cast for annexation and the number cast against annexation or for annexation and adoption of the proposed zoning regulation and the number cast against annexation and adoption of the proposed zoning regulation, as the case may be, and if a proposition for assumption of all or any portion of indebtedness was submitted to the electorate, the abstract shall include the number of votes cast for assumption of indebtedness and the 35A.14.080 (2010 Ed.) Annexation by Code Cities number of votes cast against assumption of indebtedness, together with a statement of the total number of votes cast in such territory at the last preceding general election. [1979 ex.s. c 124 § 5; 1967 ex.s. c 119 § 35A.14.080.] Additional notes found at www.leg.wa.gov 35A.14.085 Election method—Vote required for annexation with assumption of indebtedness—Without assumption of indebtedness. A code city may cause a proposition authorizing an area to be annexed to the city to be submitted to the qualified voters of the area proposed to be annexed in the same ballot proposition as the question to authorize an assumption of indebtedness. If the measures are combined, the annexation and the assumption of indebtedness shall be authorized only if the proposition is approved by at least three-fifths of the voters of the area proposed to be annexed voting on the proposition, and the number of persons voting on the proposition constitutes not less than forty percent of the total number of votes cast in the area at the last preceding general election. However, the code city council may adopt a resolution accepting the annexation, without the assumption of indebtedness, where the combined ballot proposition is approved by a simple majority vote of the voters voting on the proposition. [1989 c 84 § 23.] 35A.14.085 35A.14.090 Election method—Ordinance providing for annexation, assumption of indebtedness. Upon filing of the certified copy of the finding of the county legislative authority, the clerk shall transmit it to the legislative body of the city at the next regular meeting or as soon thereafter as practicable. If only a proposition relating to annexation or to annexation and adoption of a proposed zoning regulation was submitted to the voters and such proposition was approved, the legislative body shall adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of a proposed zoning regulation, as the case may be. If a proposition for annexation or for annexation and adoption of a proposed zoning regulation, and a proposition for assumption of all or any portion of indebtedness were both submitted, and both were approved, the legislative body shall adopt an ordinance providing for the annexation or for annexation and adoption of the proposed zoning regulation, including the assumption of the portion of indebtedness that was approved by the voters. If both propositions were submitted and only the annexation or the annexation and adoption of the proposed zoning regulation was approved, the legislative body may adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of the proposed zoning regulation, as the case may be, or the legislative body may refuse to annex when a proposal for assumption of the portion of indebtedness has been disapproved by the voters. [1979 ex.s. c 124 § 6; 1967 ex.s. c 119 § 35A.14.090.] 35A.14.090 Additional notes found at www.leg.wa.gov 35A.14.100 Election method—Effective date of annexation. Upon the date fixed in the ordinance of annexation, the area annexed shall become a part of the city. Upon the date fixed in the ordinances of annexation and adoption of 35A.14.100 (2010 Ed.) 35A.14.120 the proposed zoning regulation, the area annexed shall become a part of the city, and property in the annexed area shall be subject to the proposed zoning regulation, as prepared and filed as provided for in RCW 35A.14.330 and 35A.14.340. All property within the territory hereafter annexed shall, if the proposition approved by the people so provides, be assessed and taxed at the same rate and on the same basis as the property of such annexing city is assessed and taxed to pay for the portion of indebtedness of the city that was approved by the voters. [1979 ex.s. c 124 § 7; 1967 ex.s. c 119 § 35A.14.100.] Additional notes found at www.leg.wa.gov 35A.14.110 35A.14.110 Election method is alternative. The method of annexation provided for in RCW 35A.14.015 through 35A.14.100 is an alternative method and is additional to the other methods provided for in this chapter. [1967 ex.s. c 119 § 35A.14.110.] 35A.14.120 35A.14.120 Direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness— Proposed zoning regulation—Contents of petition. Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner. This method of annexation shall be alternative to other methods provided in this chapter. Prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings. The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the code city will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a proposal has been prepared and filed for the area to be a nn ex e d a s pr o vide d fo r in R CW 3 5A.1 4. 33 0 a nd 35A.14.340, and whether it shall require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. If the legislative body requires the assumption of all or of any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate these facts. Approval by the legislative body shall be a condition precedent to circulation of the petition. There shall be no appeal from the decision of the legislative body. A petition for annexation of an area contiguous to a code city may be filed with the legislative body of the municipality to which annexation is desired. It must be signed by the owners, as defined by RCW 35A.01.040(9) (a) through (d), of not less than sixty percent in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned: PROVIDED, That a petition for annexation of an area having at least eighty percent of the boundaries of such area contiguous with a portion of the boundaries of the code city, not including that portion of the [Title 35A RCW—page 27] 35A.14.130 Title 35A RCW: Optional Municipal Code boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in this state, need be signed by only the owners of not less than fifty percent in value according to the assessed valuation for general taxation of the property for which the annexation is petitioned. Such petition shall set forth a description of the property according to government legal subdivisions or legal plats and shall be accompanied by a map which outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or any portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition. [1989 c 351 § 6; 1979 ex.s. c 124 § 8; 1967 ex.s. c 119 § 35A.14.120.] Sufficiency of petition in code city: RCW 35A.01.040. Additional notes found at www.leg.wa.gov 35A.14.130 Direct petition method—Notice of hearing. Whenever such a petition for annexation is filed with the legislative body of a code city, which petition meets the requirements herein specified and is sufficient according to the rules set forth in RCW 35A.01.040, the legislative body may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the city. The notice shall also be posted in three public places within the territory proposed for annexation, and shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of the annexation. [1967 ex.s. c 119 § 35A.14.130.] 35A.14.130 35A.14.140 Direct petition method—Ordinance providing for annexation. Following the hearing, if the legislative body determines to effect the annexation, they shall do so by ordinance. Subject to RCW 35.02.170, the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of the annexation ordinance a certified copy shall be filed with the board of county commissioners of the county in which the annexed property is located. [1986 c 234 § 31; 1975 1st ex.s. c 220 § 16; 1967 ex.s. c 119 § 35A.14.140.] 35A.14.140 Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170. 35A.14.150 Direct petition method—Effective date of annexation. Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city. All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of such annexing code city is assessed and taxed to pay for the portion of any then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation and that the city has required to be assumed. If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for 35A.14.150 [Title 35A RCW—page 28] in RCW 35A.14.330 and 35A.14.340. [1979 ex.s. c 124 § 9; 1967 ex.s. c 119 § 35A.14.150.] Additional notes found at www.leg.wa.gov 35A.14.160 Annexation review board—Composition. There is hereby established in each county of the state, other than counties having a boundary review board as provided for in chapter 189, Laws of 1967 [chapter 36.93 RCW], a board to be known as the "annexation review board for the county of . . . . . . (naming the county)", which shall be charged with the duty of reviewing proposals for annexation of unincorporated territory to charter code cities and noncharter code cities within its respective county; except that proposals within the provisions of RCW 35A.14.220 shall not be subject to the jurisdiction of such board. In all counties in which a boundary review board is established pursuant to chapter 189, Laws of 1967 [chapter 36.93 RCW] review of proposals for annexation of unincorporated territory to charter code cities and noncharter code cities within such counties shall be subject to chapter 189, Laws of 1967 [chapter 36.93 RCW]. Whenever any county establishes a boundary review board pursuant to chapter 189, Laws of 1967 [chapter 36.93 RCW] the provisions of this act relating to annexation review boards shall not be applicable. Except as provided above in this section, whenever one or more cities of a county shall have elected to be governed by this title by becoming a charter code city or noncharter code city, the governor shall, within forty-five days thereafter, appoint an annexation review board for such county consisting of five members appointed in the following manner: Two members shall be selected independently by the governor. Three members shall be selected by the governor from the following sources: (1) One member shall be appointed from nominees of the individual members of the board of county commissioners; (2) one member shall be appointed from nominees of the individual mayors of charter code cities within such county; (3) one member shall be appointed from nominees of the individual mayors of noncharter code cities within such county. Each source shall nominate at least two persons for an available position. In the event there are less than two nominees for any position, the governor may appoint the member for that position independently. If, at the time of appointment, there are within the county no cities of one of the classes named above as a nominating source, a position which would otherwise have been filled by nomination from such source shall be filled by independent appointment of the governor. In making appointments independently and in making appointments from among nominees, the governor shall strive to appoint persons familiar with municipal government and administration by experience and/or training. [1971 ex.s. c 251 § 8; 1967 ex.s. c 119 § 35A.14.160.] 35A.14.160 Additional notes found at www.leg.wa.gov 35A.14.170 Time for filing nominations—Vacancies. Upon the initial formation of a county annexation review board the governor shall give written notice of such formation to all the nominating sources designated therein and nominations must be filed with the office of the governor within fifteen days after receipt of such notice. Nominations 35A.14.170 (2010 Ed.) Annexation by Code Cities to fill vacancies caused by expiration of terms must be filed at least thirty days preceding the expiration of the terms. When vacancies occur in the membership of the board, the governor shall solicit nominations from the appropriate source and if none are filed within fifteen days thereafter, the governor shall fill the vacancy by an independent appointment. [1967 ex.s. c 119 § 35A.14.170.] 35A.14.180 Terms of members. The members of the annexation review board shall be appointed for five year terms. Upon the initial formation of a board, one member appointed by the governor independently shall be appointed for a four year term, the member appointed from among nominees of the board of county commissioners shall be appointed for a three year term, the member appointed from among nominees of the mayors of noncharter code cities shall be appointed for a three year term, and the remaining members shall be appointed for five year terms. Thereafter board members shall be appointed for five year terms as the terms of their predecessors expire. Members shall be eligible for reappointment to the board for successive terms. [1967 ex.s. c 119 § 35A.14.180.] 35A.14.180 35A.14.190 Organization of annexation review board—Rules—Journal—Authority. The members of each annexation review board shall elect from among the members a chair and a vice chair, and may employ a nonmember as chief clerk, who shall be the secretary of the board. The board shall determine its own rules and order of business, shall provide by resolution for the time and manner of holding regular or special meetings, and shall keep a journal of its proceedings which shall be a public record. A majority of all the members shall constitute a quorum for the transaction of business. The chief clerk of the board, the chair, or the vice chair shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas to any public officer or employee ordering him or her to testify before the board and produce public records, papers, books or documents. The chief clerk, the chair or the vice chair may invoke the aid of any court of competent jurisdiction to carry out such powers. The planning departments of the county, other counties, and any city, and any state or regional planning agency shall furnish such information to the board at its request as may be reasonably necessary for the performance of its duties. At the request of the board, the state attorney general shall provide counsel for the board. [2009 c 549 § 3030; 1967 ex.s. c 119 § 35A.14.190.] 35A.14.190 35A.14.200 Determination by county annexation review board—Factors considered—Filing of findings and decision. The jurisdiction of the county annexation review board shall be invoked upon the filing with the board of a resolution for an annexation election as provided in RCW 35A.14.015, or of a petition for an annexation election as provided in RCW 35A.14.030, and the board shall proceed to hold a hearing, upon notice, all as provided in RCW 35A.14.040. A verbatim record shall be made of all testimony presented at the hearing and upon request and payment 35A.14.200 (2010 Ed.) 35A.14.210 of the reasonable costs thereof, a copy of the transcript of such testimony shall be provided to any person or governmental unit. The board shall make and file its decision, all as provided in RCW 35A.14.050, insofar as said section is applicable to the matter before the board. Dissenting members of the board shall have the right to have their written dissents included as part of the decision. In reaching a decision on an annexation proposal, the county annexation review board shall consider the factors affecting such proposal, which shall include but not be limited to the following: (1) The immediate and prospective population of the area proposed to be annexed, the configuration of the area, land use and land uses, comprehensive use plans and zoning, per capita assessed valuation, topography, natural boundaries and drainage basins, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services; and (2) The need for municipal services and the available municipal services, effect of ordinances and governmental codes, regulations and resolutions on existing uses, present cost and adequacy of governmental services and controls, the probable future needs for such services and controls, the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in area and adjacent area, the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental units; and (3) The effect of the annexation proposal or alternatives on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county. The county annexation review board shall determine whether the proposed annexation would be in the public interest and for the public welfare. The decision of the board shall be accompanied by the findings of the board. Such findings need not include specific data on all the factors listed in this section, but shall indicate that all such factors were considered. [1971 ex.s. c 251 § 11; 1967 ex.s. c 119 § 35A.14.200.] Additional notes found at www.leg.wa.gov 35A.14.210 35A.14.210 Court review of decisions of the county annexation review board. Decisions of the county annexation review board shall be final unless within ten days from the date of said action a governmental unit affected by the decision or any person owning real property in or residing in the area proposed to be annexed files in the superior court a notice of appeal. The filing of such notice of appeal within such time limit shall stay the effective date of the decision of the board until such time as the appeal shall have been adjudicated or withdrawn. On appeal the superior court shall not take any evidence other than that contained in the record of the hearing before the board. The superior court may affirm the decision of the county annexation review board or remand the case for further proceedings; or the court may reverse the decision and remand if it finds that substantial rights have been prejudiced because the findings, conclusions, or decision of the board are: (1) In violation of constitutional provisions; or [Title 35A RCW—page 29] 35A.14.220 Title 35A RCW: Optional Municipal Code (2) In excess of the statutory authority or jurisdiction of the board; or (3) Made upon unlawful procedure; or (4) Affected by other error of law; or (5) Unsupported by material and substantial evidence in view of the entire record as submitted; or (6) Arbitrary or capricious. [1971 ex.s. c 251 § 12; 1967 ex.s. c 119 § 35A.14.210.] Additional notes found at www.leg.wa.gov 35A.14.220 35A.14.220 When review procedure may be dispensed with. Annexations under the provisions of RCW 35A.14.295, 35A.14.297, 35A.14.300, and 35A.14.310 shall not be subject to review by the annexation review board: PROVIDED, That in any county in which a boundary review board is established under chapter 36.93 RCW all annexations shall be subject to review except as provided for in RCW 36.93.110. When the area proposed for annexation in a petition or resolution, initiated and filed under any of the methods of initiating annexation authorized by this chapter, is less than fifty acres or less than two million dollars in assessed valuation, review procedures shall not be required as to such annexation proposal, except as provided in chapter 36.93 RCW in those counties with a review board established pursuant to chapter 36.93 RCW: PROVIDED, That when an annexation proposal is initiated by the direct petition method authorized by RCW 35A.14.120, review procedures shall not be required without regard to acreage or assessed valuation, except as provided in chapter 36.93 RCW in those counties with a boundary review board established pursuant to chapter 36.93 RCW. [1979 ex.s. c 18 § 27; 1973 1st ex.s. c 195 § 26; 1967 ex.s. c 119 § 35A.14.220.] Additional notes found at www.leg.wa.gov 35A.14.231 35A.14.231 Territory subject to annexation proposal—When annexation by another city or incorporation allowed. After a petition proposing an annexation by a code city has been filed with the city or the city legislative authority, or after a resolution proposing the annexation by a code city has been adopted by the city legislative authority, no territory included in the proposed annexation may be annexed by another city or town or incorporated into a city or town unless: (1) The boundary review board or county annexation review board created under RCW 35A.14.160 modifies the boundaries of the proposed annexation and removes the territory; (2) the boundary review board or county annexation review board created under RCW 35A.14.160 rejects the proposed annexation; or (3) the city legislative authority rejects the proposed annexation or voters defeat the ballot proposition authorizing the annexation. [1994 c 216 § 8.] Additional notes found at www.leg.wa.gov 35A.14.295 35A.14.295 Annexation of unincorporated island of territory within code city—Resolution—Notice of hearing. (1) The legislative body of a code city may resolve to annex territory containing residential property owners to the city if there is within the city, unincorporated territory: [Title 35A RCW—page 30] (a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the code city; or (b) Of any size and having at least eighty percent of the boundaries of such area contiguous to the city if such area existed before June 30, 1994, and is within the same county and within the same urban growth area designated under RCW 36.70A.110, and the city was planning under chapter 36.70A RCW as of June 30, 1994. (2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and set a date for a public hearing on such resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks prior to the date of the hearing, in one or more newspapers of general circulation within the code city and one or more newspapers of general circulation within the area to be annexed. (3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water. [1997 c 429 § 36; 1967 ex.s. c 119 § 35A.14.295.] Additional notes found at www.leg.wa.gov 35A.14.297 Ordinance providing for annexation of unincorporated island of territory—Referendum. On the date set for hearing as provided in RCW 35A.14.295, residents or property owners of the area included in the resolution for annexation shall be afforded an opportunity to be heard. The legislative body may provide by ordinance for annexation of the territory described in the resolution, but the effective date of the ordinance shall be not less than forty-five days after the passage thereof. The legislative body shall cause notice of the proposed effective date of the annexation, together with a description of the property to be annexed, to be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the area to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of such requirements. Such annexation ordinance shall be subject to referendum for forty-five days after the passage thereof. Upon the filing of a timely and sufficient referendum petition as provided in RCW 35A.14.299 below, a referendum election shall be held as provided in RCW 35A.14.299, and the annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto. After the expiration of the forty-fifth day from, but excluding the date of passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, as provided by RCW 35A.14.299 below, the area annexed shall become a part of the code city upon the date fixed in the ordinance of annexation. [1967 ex.s. c 119 § 35A.14.297.] 35A.14.297 35A.14.299 Annexation of unincorporated island of territory within code city—Referendum—Effective date if no referendum. Such annexation ordinance as provided 35A.14.299 (2010 Ed.) Annexation by Code Cities for in RCW 35A.14.297 shall be subject to referendum for forty-five days after the passage thereof. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation shall be submitted to the voters of such area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330. Notice of such election shall be given as provided in RCW 35A.14.070 and the election shall be conducted as provided in RCW 35A.29.151. The annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto. After the expiration of the forty-fifth day from but excluding the date of passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the code city upon the date fixed in the ordinance of annexation. From and after such date, if the ordinance so provided, property in the annexed area shall be subject to the proposed zoning regulation prepared and filed for such area as provided in RCW 35A.14.330 and 35A.14.340. If the ordinance so provided, all property within the area annexed shall be assessed and taxed at the same rate and on the same basis as the property of such annexing code city is assessed and taxed to pay for any then outstanding indebtedness of such city contracted prior to, or existing at, the date of annexation. [2006 c 344 § 25; 1967 ex.s. c 119 § 35A.14.299.] Effective date—2006 c 344 §§ 1-16 and 18-40: See note following RCW 29A.04.311. 35A.14.300 Annexation for municipal purposes. Legislative bodies of code cities may by a majority vote annex territory outside the limits of such city whether contiguous or noncontiguous for any municipal purpose when such territory is owned by the city. [1981 c 332 § 7; 1967 ex.s. c 119 § 35A.14.300.] 35A.14.300 Additional notes found at www.leg.wa.gov 35A.14.310 Annexation of federal areas. A code city may annex an unincorporated area contiguous to the city that is owned by the federal government by adopting an ordinance providing for the annexation and which ordinance either acknowledges an agreement of the annexation by the government of the United States, or accepts a gift, grant, or lease from the government of the United States of the right to occupy, control, improve it or sublet it for commercial, manufacturing, or industrial purposes: PROVIDED, That this right of annexation shall not apply to any territory more than four miles from the corporate limits existing before such annexation. Whenever a code city proposes to annex territory under this section, the city shall provide written notice of the proposed annexation to the legislative authority of the county within which such territory is located. The notice shall be provided at least thirty days before the city proposes to adopt the annexation ordinance. The city shall not adopt the annexation ordinance, and the annexation shall not occur under this section, if within twenty-five days of receipt of the notice, the county legislative authority adopts a resolution opposing the annexation, which resolution makes a finding that the pro35A.14.310 (2010 Ed.) 35A.14.330 posed annexation will have an adverse fiscal impact on the county or road district. [1985 c 105 § 1; 1967 ex.s. c 119 § 35A.14.310.] 35A.14.320 35A.14.320 Annexation of federal areas—Provisions of ordinance—Authority over annexed territory. In the ordinance annexing territory pursuant to a gift, grant, or lease from the government of the United States, a code city may include such tide and shorelands as may be necessary or convenient for the use thereof, and may include in the ordinance an acceptance of the terms and conditions attached to the gift, grant, or lease. A code city may cause territory annexed pursuant to a gift, grant, or lease of the government of the United States to be surveyed, subdivided and platted into lots, blocks, or tracts and lay out, reserve for public use, and improve streets, roads, alleys, slips, and other public places. It may grant or sublet any lot, block, or tract therein for commercial, manufacturing, or industrial purposes and reserve, receive and collect rents therefrom. It may expend the rents received therefrom in making and maintaining public improvements therein, and if any surplus remains at the end of any fiscal year, may transfer it to the city’s current expense fund. [1967 ex.s. c 119 § 35A.14.320.] 35A.14.330 35A.14.330 Proposed zoning regulation—Purposes of regulations and restrictions. The legislative body of any code city acting through a planning agency created pursuant to chapter 35A.63 RCW, or pursuant to its granted powers, may prepare a proposed zoning regulation to become effective upon the annexation of any area which might reasonably be expected to be annexed by the code city at any future time. Such proposed zoning regulation, to the extent deemed reasonably necessary by the legislative body to be in the interest of health, safety, morals and the general welfare may provide, among other things, for: (1) The regulation and restriction within the area to be annexed of the location and the use of buildings, structures and land for residence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the set-back of buildings and structures along highways, parks or public water frontages; and the subdivision and development of land; (2) The division of the area to be annexed into districts or zones of any size or shape, and within such districts or zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land; (3) The appointment of a board of adjustment, to make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general purposes and intent of the proposed zoning regulation; and (4) The time interval following an annexation during which the ordinance or resolution adopting any such proposed regulation, or any part thereof, must remain in effect before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the annexing city or town. [Title 35A RCW—page 31] 35A.14.340 Title 35A RCW: Optional Municipal Code All such regulations and restrictions shall be designed, among other things, to encourage the most appropriate use of land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements. [1967 ex.s. c 119 § 35A.14.330.] 35A.14.340 Notice and hearing—Filings and recordings. The legislative body of the code city shall hold two or more public hearings, to be held at least thirty days apart, upon the proposed zoning regulation, giving notice of the time and place thereof by publication in a newspaper of general circulation in the annexing city and the area to be annexed. A copy of the ordinance or resolution adopting or embodying such proposed zoning regulation or any part thereof or any amendment thereto, duly certified as a true copy by the clerk of the annexing city, shall be filed with the county auditor. A like certified copy of any map or plat referred to or adopted by the ordinance or resolution shall likewise be filed with the county auditor. The auditor shall record the ordinance or resolution and keep on file the map or plat. [1967 ex.s. c 119 § 35A.14.340.] 35A.14.340 Annexation of water, sewer, and fire districts: Chapter 35.13A RCW. 35A.14.380 Ownership of assets of fire protection district—Assumption of responsibility of fire protection—When at least sixty percent of assessed valuation is annexed or incorporated in code city. If a portion of a fire protection district including at least sixty percent of the assessed valuation of the real property of the district is annexed to or incorporated into a code city, ownership of all of the assets of the district shall be vested in the code city, upon payment in cash, properties or contracts for fire protection services to the district within one year, of a percentage of the value of said assets equal to the percentage of the value of the real property in the entire district remaining outside the incorporated or annexed area. The fire protection district may elect, by a vote of a majority of the persons residing outside the annexed area who vote on the proposition, to require the annexing code city to assume responsibility for the provision of fire protection, and for the operation and maintenance of the district’s property, facilities, and equipment throughout the district and to pay the code city a reasonable fee for such fire protection, operation, and maintenance. [1981 c 332 § 8; 1967 ex.s. c 119 § 35A.14.380.] 35A.14.380 Additional notes found at www.leg.wa.gov 35A.14.400 Ownership of assets of fire protection district—When less than sixty percent of assessed valuation is annexed or incorporated in code city. If a portion of a fire protection district including less than sixty percent of 35A.14.400 [Title 35A RCW—page 32] the assessed value of the real property of the district is annexed to or incorporated into a code city, the ownership of all assets of the district shall remain in the district and the district shall pay to the code city within one year or within such period of time as the district continues to collect taxes in such incorporated or annexed areas, in cash, properties or contracts for fire protection services, a percentage of the value of said assets equal to the percentage of the value of the real property in the entire district lying within the area so incorporated or annexed: PROVIDED, That if less than five percent of the area of the district is affected, no payment shall be made to the code city except as provided in RCW 35.02.205. The fire protection district shall provide fire protection to the incorporated or annexed area for such period as the district continues to collect taxes levied in such annexed or incorporated area. [1989 c 267 § 2; 1967 ex.s. c 119 § 35A.14.400.] 35A.14.410 When right-of-way may be included— Use of right-of-way line as corporate boundary. The boundaries of a code city arising from an annexation of territory shall not include a portion of the right-of-way of any public street, road, or highway except where the boundary runs from one edge of the right-of-way to the other edge of the right-of-way. However, the right-of-way line of any public street, road, or highway, or any segment thereof, may be used to define a part of a corporate boundary in an annexation proceeding. [1989 c 84 § 9.] 35A.14.410 35A.14.420 Alternative direct petition method— Notice to legislative body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition. (1) Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner which is alternative to other methods provided in this chapter: (a) Before the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent of the acreage for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings; (b) The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the code city will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, and whether it shall require the assumption of all or any portion of existing city indebtedness by the area to be annexed; (c) If the legislative body requires the assumption of all or any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate these facts; (d) Approval by the legislative body shall be a condition precedent to circulation of the petition; and 35A.14.420 (2010 Ed.) Annexation by Code Cities (e) There shall be no appeal from the decision of the legislative body. (2) A petition for annexation of an area contiguous to a code city may be filed with the legislative body of the municipality to which annexation is desired. The petition for annexation must be signed by the owners of a majority of the acreage for which annexation is petitioned and a majority of the registered voters residing in the area for which annexation is petitioned. (3) If no residents exist within the area proposed for annexation, the petition must be signed by the owners of a majority of the acreage for which annexation is petitioned. (4) The petition shall set forth a legal description of the property proposed to be annexed that complies with RCW 35A.14.410, and shall be accompanied by a drawing that outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or any portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition. [2003 c 331 § 10.] Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410. 35A.14.430 Alternative direct petition method— Notice of hearing. When a petition for annexation is filed with the legislative body of a code city, that meets the requirements of RCW 35A.01.040 and 35A.14.420, the legislative body may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the city. The notice shall also be posted in three public places within the territory proposed for annexation, and shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of the annexation. [2003 c 331 § 11.] 35A.14.430 Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410. 35A.14.440 Alternative direct petition method— Ordinance providing for annexation. Following the hearing, if the legislative body determines to effect the annexation, they shall do so by ordinance. Subject to RCW 35A.14.410, the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of the annexation ordinance, a certified copy shall be filed with the board of county commissioners of the county in which the annexed property is located. [2003 c 331 § 12.] 35A.14.440 Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410. 35A.14.450 Alternative direct petition method— Effective date of annexation. Upon the date fixed in the ordinance of annexation, the area annexed shall become part of the city. All property within the annexed territory shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of the annexing code city is assessed and taxed to pay for the portion of any then-outstanding indebtedness of the city to which 35A.14.450 (2010 Ed.) 35A.14.460 the area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred before, or existing at, the date of annexation and that the city has required to be assumed. If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for in RCW 35A.14.330 and 35A.14.340. [2003 c 331 § 13.] Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410. 35A.14.460 35A.14.460 Annexation of territory within urban growth areas—Interlocal agreement—Public hearing— Ordinance providing for annexation. (1) The legislative body of a county or code city planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between a county and any code city within the county. The territory proposed for annexation must meet the following criteria: (a) Be within the code city urban growth area designated under RCW 36.70A.110, and (b) at least sixty percent of the boundaries of the territory proposed for annexation must be contiguous to the annexing code city or one or more cities or towns. (2) If the territory proposed for annexation has been designated in an adopted county comprehensive plan as part of an urban growth area, urban service area, or potential annexation area for a specific city, or if the urban growth area territory proposed for annexation has been designated in a written agreement between a city and a county for annexation to a specific city or town, the designation or designations shall receive full consideration before a city or county may initiate the annexation process provided for in RCW 35A.14.470. (3) The agreement shall describe the boundaries of the territory to be annexed. A public hearing shall be held by each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public hearing shall, separately or jointly, publish the agreement at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the territory proposed for annexation. (4) Following adoption and execution of the agreement by both legislative bodies, the city legislative body shall adopt an ordinance providing for the annexation of the territory described in the agreement. The legislative body shall cause notice of the proposed effective date of the annexation, together with a description of the property to be annexed, to be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of the requirements. Any territory to be annexed through an ordinance adopted under this section is annexed and becomes a part of the city upon the date fixed in the ordinance of annexation, which date may not be fewer than forty-five days after adoption of the ordinance. [2003 c 299 § 3.] [Title 35A RCW—page 33] 35A.14.470 Title 35A RCW: Optional Municipal Code 35A.14.470 Annexation of territory within urban growth areas—County may initiate process with other cities or towns—Interlocal agreement—Public hearing— Ordinance—Referendum—Election, when necessary. (1) The legislative body of any county planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an annexation process with the legislative body of any other cities or towns that are contiguous to the territory proposed for annexation in RCW 35A.14.460 if: (a) The county legislative body initiated an annexation process as provided in RCW 35A.14.460; and (b) The affected city legislative body adopted a responsive resolution rejecting the proposed annexation or declined to create the requested interlocal agreement with the county; or (c) More than one hundred eighty days have passed since adoption of a county resolution as provided for in RCW 35A.14.460 and the parties have not adopted or executed an interlocal agreement providing for the annexation of unincorporated territory. The legislative body for either the county or an affected city may, however, pass a resolution extending the negotiation period for one or more six-month periods if a public hearing is held and findings of fact are made prior to each extension. (2) Any county initiating the process provided for in subsection (1) of this section must do so by adopting a resolution commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between the county and any city or town within the county. The annexation area must be within an urban growth area designated under RCW 36.70A.110 and at least sixty percent of the boundaries of the territory to be annexed must be contiguous to one or more cities or towns. (3) The agreement shall describe the boundaries of the territory to be annexed. A public hearing shall be held by each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public hearing shall, separately or jointly, publish the agreement at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the territory proposed for annexation. (4) Following adoption and execution of the agreement by both legislative bodies, the city or town legislative body shall adopt an ordinance providing for the annexation. The legislative body shall cause notice of the proposed effective date of the annexation, together with a description of the property to be annexed, to be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of the requirements. Any area to be annexed through an ordinance adopted under this section is annexed and becomes a part of the city or town upon the date fixed in the ordinance of annexation, which date may not be less than forty-five days after adoption of the ordinance. (5) The annexation ordinances provided for in RCW 35A.14.460(4) and subsection (4) of this section are subject 35A.14.470 [Title 35A RCW—page 34] to referendum for forty-five days after passage. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by registered voters in number equal to not less than fifteen percent of the votes cast in the last general state election in the area to be annexed, the question of annexation shall be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330. Notice of the election shall be given as provided in RCW 35A.14.070 and the election shall be conducted as provided in the general election law. The annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto. After the expiration of the forty-fifth day from but excluding the date of passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the city or town upon the date fixed in the ordinance of annexation. (6) If more than one city or town adopts interlocal agreements providing for annexation of the same unincorporated territory as provided by this section, an election shall be held in the area to be annexed pursuant to RCW 35A.14.070. In addition to the provisions of RCW 35A.14.070, the ballot shall also contain a separate proposition allowing voters to cast votes in favor of annexation to any one city or town participating in an interlocal agreement as provided by this section. If a majority of voters voting on the proposition vote against annexation, the proposition is defeated. If, however, a majority of voters voting in the election approve annexation, the area shall be annexed to the city or town receiving the highest number of votes among those cast in favor of annexation. (7) Costs for an election required under subsection (6) of this section shall be borne by the county. [2006 c 344 § 26; 2003 c 299 § 4.] Effective date—2006 c 344 §§ 1-16 and 18-40: See note following RCW 29A.04.311. 35A.14.475 Annexation of territory within regional transit authorities. When territory is annexed under this chapter to a code city located within the boundaries of a regional transit authority, the territory is simultaneously included within the boundaries of the authority and subject from the effective date of the annexation to all taxes and other liabilities and obligations applicable within the code city with respect to the authority. The code city must notify the authority of the annexation. [2010 c 19 § 2.] 35A.14.475 35A.14.480 Annexation of territory served by fire districts—Interlocal agreement process. (1)(a) An annexation by a code city proposing to annex territory served by one or more fire protection districts may be accomplished by ordinance after entering into an interlocal agreement as provided in chapter 39.34 RCW with the county and the fire protection district or districts that have jurisdiction over the territory proposed for annexation. (b) A code city proposing to annex territory shall initiate the interlocal agreement process by sending notice to the fire protection district representative and county representative stating the code city’s interest to enter into an interlocal agreement negotiation process. The parties have forty-five 35A.14.480 (2010 Ed.) Annexation by Code Cities days to respond in the affirmative or negative. A negative response must state the reasons the parties do not wish to participate in an interlocal agreement negotiation. A failure to respond within the forty-five day period is deemed an affirmative response and the interlocal agreement negotiation process may proceed. The interlocal agreement process may not proceed if any negative responses are received within the forty-five day period. (c) The interlocal agreement must describe the boundaries of the territory proposed for annexation and must be consistent with the boundaries identified in an ordinance describing the boundaries of the territory proposed for annexation and setting a date for a public hearing on the ordinance. If the boundaries of the territory proposed for annexation are agreed to by all parties, a notice of intention must be filed with the boundary review board created under RCW 36.93.030. However, the jurisdiction of the board may not be invoked as described in RCW 36.93.100 for annexations that are the subject of such agreement. (2) An interlocal annexation agreement under this section must include the following: (a) A statement of the goals of the agreement. Goals must include, but are not limited to: (i) The transfer of revenues and assets between the fire protection district and the code city; (ii) A consideration and discussion of the impact to the level of service of annexation on the unincorporated area, and an agreement that the impact on the ability of fire protection and emergency medical services within the incorporated area must not be negatively impacted at least through the budget cycle in which the annexation occurs; (iii) A discussion with fire protection districts regarding the division of assets and its impact to citizens inside and outside the newly annexed area; (iv) Community involvement, including an agreed upon schedule of public meetings in the area or areas proposed for annexation; (v) Revenue sharing, if any; (vi) Debt distribution; (vii) Capital facilities obligations of the code city, county, and fire protection districts; (viii) An overall schedule or plan on the timing of any annexations covered under this agreement; and (ix) A description of which of the annexing code cities’ development regulations will apply and be enforced in the area. (b) The subject areas and policies and procedures the parties agree to undertake in annexations. Subject areas may include, but are not limited to: (i) Roads and traffic impact mitigation; (ii) Surface and storm water management; (iii) Coordination and timing of comprehensive plan and development regulation updates; (iv) Outstanding bonds and special or improvement district assessments; (v) Annexation procedures; (vi) Distribution of debt and revenue sharing for annexation proposals, code enforcement, and inspection services; (vii) Financial and administrative services; and (viii) Consultation with other service providers, including water-sewer districts, if applicable. (2010 Ed.) 35A.14.485 (c) A term of at least five years, which may be extended by mutual agreement of the code city, the county, and the fire protection district. (3) If the fire protection district, annexing code city, and county reach an agreement on the enumerated goals, the annexation ordinance may proceed and is not subject to referendum. If only the annexing code city and county reach an agreement on the enumerated goals, the code city and county may proceed with annexation under the interlocal agreement, but the annexation ordinance provided for in this section is subject to referendum for forty-five days after its passage. Upon the filing of a timely and sufficient referendum petition with the legislative body of the code city, signed by qualified electors in a number not less than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation must be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330. Notice of the election must be given as provided in RCW 35A.14.070, and the election must be conducted as provided in the general election laws under Title 29A RCW. The annexation must be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition to the annexation. After the expiration of the forty-fifth day from, but excluding, the date of passage of the annexation ordinance, if a timely and sufficient referendum petition has not been filed, the area annexed becomes a part of the code city upon the date fixed in the ordinance of annexation. [2009 c 60 § 9.] 35A.14.485 Annexation of fire districts—Transfer of employees. (1) If any portion of a fire protection district is proposed for annexation to or incorporation into a code city, both the fire protection district and the code city shall jointly inform the employees of the fire protection district about hires, separations, terminations, and any other changes in employment that are a direct consequence of annexation or incorporation at the earliest reasonable opportunity. (2) An eligible employee may transfer into the civil service system of the code city fire department by filing a written request with the code city civil service commission and by giving written notice of the request to the board of commissioners of the fire protection district. Upon receipt of the request by the civil service commission, the transfer of employment must be made. The needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and RCW 35.10.360 and 35.10.370 shall head the list for employment in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in the code city fire department when appropriate positions become available. Employees who are not immediately hired by the code city shall be placed on a reemployment list for a period not to exceed thirty-six months unless a longer period is authorized by an agreement reached between the collective bargaining representatives of the employees of the annexing and annexed fire agencies and the annexing and annexed fire agencies. (3)(a) Upon transfer, an employee is entitled to the employee rights, benefits, and privileges to which he or she would have been entitled as an employee of the fire protection district, including rights to: 35A.14.485 [Title 35A RCW—page 35] 35A.14.488 Title 35A RCW: Optional Municipal Code (i) Compensation at least equal to the level of compensation at the time of transfer, unless the employee’s rank and duties have been reduced as a result of the transfer. If the transferring employee is placed in a position with reduced rank and duties, the employee’s compensation may be adjusted, but the adjustment may not result in a decrease of greater than fifty percent of the difference between the employee’s compensation before the transfer and the compensation level for the position that the employee is transferred to; (ii) Retirement, vacation, sick leave, and any other accrued benefit; (iii) Promotion and service time accrual; and (iv) The length or terms of probationary periods, including no requirement for an additional probationary period if one had been completed before the transfer date. (b) (a) of this subsection does not apply if upon transfer an agreement for different terms of transfer is reached between the collective bargaining representatives of the transferring employees and the participating fire protection jurisdictions. (4) If upon transfer, the transferring employee receives the rights, benefits, and privileges established under subsection (3)(a)(i) through (iv) of this section, those rights, benefits, and privileges are subject to collective bargaining at the end of the current bargaining period for the jurisdiction to which the employee has transferred. (5) Such bargaining must take into account the years of service the transferring employee accumulated before the transfer and must be treated as if those years of service occurred in the jurisdiction to which the employee has transferred. [2009 c 60 § 10.] 35A.14.488 Fire protection and safety in proposed annexed territory—Report request. Upon the written request of a fire protection district, code cities annexing territory under this chapter shall, prior to completing the annexation, issue a report regarding the likely effects that the annexation and any associated asset transfers may have upon the safety of residents within and outside the proposed annexation area. The report must address, but is not limited to, the provisions of fire protection and emergency medical services within and outside of the proposed annexation area. A fire protection district may only request a report under this section when at least five percent of the assessed valuation of the fire protection district will be annexed. [2009 c 60 § 11.] 35A.14.488 35A.14.490 Annexation of territory used for an agricultural fair. (1) Territory owned by a county and used for an agricultural fair as provided in chapter 15.76 RCW or chapter 36.37 RCW may only be annexed to a code city through the method prescribed in this section. (a) The legislative body of the city proposing the annexation must submit a request for annexation and a legal description of the subject territory to the legislative authority of the county within which the territory is located. (b) Upon receipt of the request and description, the county legislative authority has thirty days to review the proposal and determine if the annexation proceedings will continue. As a condition of approval, the county legislative 35A.14.490 [Title 35A RCW—page 36] authority may modify the proposal, but it may not add territory that was not included in the request and description. Approval of the county legislative authority is a condition precedent to further proceedings upon the request and there is no appeal of the county legislative authority’s decision. (c) If the county legislative authority determines that the proceedings may continue, it must, within thirty days of the determination, fix a date for a public hearing on the proposal, and cause notice of the hearing to be published at least once a week for two weeks prior to the hearing in one or more newspapers of general circulation in the territory proposed for annexation. The notice must also be posted in three public places within the subject territory, specify the time and place of the hearing, and invite interested persons to appear and voice approval or disapproval of the annexation. If the annexation proposal provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice must include a statement of these requirements. (d) If, following the conclusion of the hearing, a majority of the county legislative authority deems the annexation proposal to be in the best interest of the county, it may adopt a resolution approving of the annexation. (e) If, following the county legislative authority’s adoption of the annexation approval resolution, the legislative body of the city proposing annexation determines to effect the annexation, it must do so by ordinance. The ordinance: (i) May only include territory approved for annexation in the resolution adopted under (d) of this subsection; and (ii) must not exclude territory approved for annexation in the resolution adopted under (d) of this subsection. Upon passage of the annexation ordinance, a certified copy must be filed with the applicable county legislative authority. (2) Any territory annexed through an ordinance adopted under this section is annexed and becomes a part of the code city upon the date fixed in the ordinance. [2009 c 402 § 5.] Intent—2009 c 402: See note following RCW 35.13.490. 35A.14.500 Outstanding indebtedness not affected. When any portion of a fire protection district is annexed by or incorporated into a code city, any outstanding indebtedness, bonded or otherwise, shall remain an obligation of the taxable property annexed or incorporated as if the annexation or incorporation had not occurred. [1967 ex.s. c 119 § 35A.14.500.] 35A.14.500 35A.14.550 Providing annexation information to public. A code city can provide factual public information on the effects of pending annexation proposed for the code city. [1989 c 351 § 9.] 35A.14.550 35A.14.700 Determining population of annexed territory—Certificate—As basis for allocation of state funds—Revised certificate. Whenever any territory is annexed to a code city, a certificate as hereinafter provided shall be submitted in triplicate to the office of financial management within thirty days of the effective date of annexation specified in the relevant ordinance. After approval of the certificate, the office of financial management shall retain the original copy in its files, and transmit the second copy to the department of transportation and return the third copy to the 35A.14.700 (2010 Ed.) Annexation by Code Cities code city. Such certificates shall be in such form and contain such information as shall be prescribed by the office of financial management. A copy of the complete ordinance containing a legal description and a map showing specifically the boundaries of the annexed territory shall be attached to each of the three copies of the certificate. The certificate shall be signed by the mayor and attested by the city clerk. Upon request, the office of financial management shall furnish certification forms to any code city. Upon approval of the annexation certificate, the office of financial management shall forward to each state official or department responsible for making allocations or payments to cities or towns, a revised certificate reflecting the increase in population due to such annexation. Upon and after the date of the commencement of the next quarterly period, the population determination indicated in such revised certificate shall be used as the basis for the allocation and payment of state funds to such city or town. For the purposes of this section, each quarterly period shall commence on the first day of the months of January, April, July, and October. Whenever a revised certificate is forwarded by the office of financial management thirty days or less prior to the commencement of the next quarterly period, the population of the annexed territory shall not be considered until the commencement of the following quarterly period. The resident population of the annexed territory shall be determined by, or under the direction of, the mayor of the code city. Such population determination shall consist of an actual enumeration of the population which shall be made in accordance with practices and policies, and subject to the approval of the office of financial management. The population shall be determined as of the effective date of annexation as specified in the relevant ordinance. Until an annexation certificate is filed and approved as provided herein, such annexed territory shall not be considered by the office of financial management in determining the population of such code city. [1979 ex.s. c 18 § 28; 1979 c 151 § 35; 1975 1st ex.s. c 31 § 2; 1967 ex.s. c 119 § 35A.14.700.] Population determinations, office of financial management: Chapter 43.62 RCW. Additional notes found at www.leg.wa.gov 35A.14.801 Taxes collected in annexed territory— Notification of annexation. (1) Whenever any territory is annexed to a code city which is part of a road district of the county and road district taxes have been levied but not collected on any property within the annexed territory, the same shall when collected by the county treasurer be paid to the code city and by the city placed in the city street fund; except that road district taxes that are delinquent before the date of annexation shall be paid to the county and placed in the county road fund. (2) When territory that is part of a fire district is annexed to a code city, the following apply: (a) Fire district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of the annexation shall, when collected, be paid to the annexing code city at times required by the county, but no less frequently than by July 10th for collections through June 30th 35A.14.801 (2010 Ed.) 35A.14.801 and January 10th for collections through December 31st following the annexation; and (b) Fire district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the annexation and the pro rata share of the current year levy budgeted for general obligation debt, when collected, shall be paid to the fire district. (3) When territory that is part of a library district is annexed to a code city, the following apply: (a) Library district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of the annexation shall, when collected, be paid to the annexing code city at times required by the county, but no less frequently than by July 10th for collections through June 30th and January 10th for collections through December 31st following the annexation; and (b) Library district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the annexation and the pro rata share of the current year levy budgeted for general obligation debt, when collected, shall be paid to the library district. (4) Subsections (1) through (3) of this section do not apply to any special assessments due in behalf of such property. (5) If a code city annexes property within a fire district or library district while any general obligation bond secured by the taxing authority of the district is outstanding, the bonded indebtedness of the fire district or library district remains an obligation of the taxable property annexed as if the annexation had not occurred. (6) The code city is required to provide notification, by certified mail, that includes a list of annexed parcel numbers, to the county treasurer and assessor, and to the fire district and library district, as appropriate, at least thirty days before the effective date of the annexation. The county treasurer is only required to remit to the code city those road taxes, fire district taxes, and library district taxes collected thirty or more days after receipt of the notification. (7)(a) In counties that do not have a boundary review board, the code city shall provide notification to the fire district or library district of the jurisdiction’s resolution approving the annexation. The notification required under this subsection must: (i) Be made by certified mail within seven days of the resolution approving the annexation; and (ii) Include a description of the annexed area. (b) In counties that have a boundary review board, the code city shall provide notification of the proposed annexation to the fire district or library district simultaneously when notice of the proposed annexation is provided by the jurisdiction to the boundary review board under RCW 36.93.090. (8) The provisions of this section regarding (a) the transfer of fire and library district property taxes and (b) code city notifications to fire and library districts do not apply if the code city has been annexed to and is within the fire or library district when the code city approves a resolution to annex unincorporated county territory. [2007 c 285 § 2; 2001 c 299 § 3; 1998 c 106 § 2; 1971 ex.s. c 251 § 14.] Additional notes found at www.leg.wa.gov [Title 35A RCW—page 37] 35A.14.900 Title 35A RCW: Optional Municipal Code 35A.14.900 Cancellation, acquisition of franchise or permit for operation of public service business in territory annexed—Regulation of solid waste collection. The annexation by any code city of any territory pursuant to this chapter shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the governing body of such annexed territory, authorizing or otherwise permitting the operation of any public utility, including but not limited to, public electric, water, transportation, garbage disposal or other similar public service business or facility within the limits of the annexed territory, but the holder of any such franchise or permit canceled pursuant to this section shall be forthwith granted by the annexing code city a franchise to continue such business within the annexed territory for a term of not less than seven years from the date of issuance thereof, and the annexing code city, by franchise, permit or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm or corporation to adequately service said annexed territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude the purchase by the annexing code city of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been canceled by the terms of this section shall suffer any measurable damages as a result of any annexation pursuant to the provisions of the laws above-mentioned, such person, firm or corporation shall have a right of action against any code city causing such damages. After an annexation by a code city, the utilities and transportation commission shall continue to regulate solid waste collection within the limits of the annexed territory until such time as the city notifies the commission, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW 81.77.020. In the event the annexing city at any time decides to contract for solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that is so canceled in whole or in part shall be forthwith granted by the annexing city a franchise to continue such business within the annexed territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the city, by franchise, permit, or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service the annexed territory at a reasonable price. Upon the effective date specified by the code city council’s ordinance or resolution to have the code city contract for solid waste collection or undertake solid waste collection itself, the transition period specified in this section begins to run. This section does not preclude the purchase by the annexing city of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corpo35A.14.900 [Title 35A RCW—page 38] ration whose franchise or permit has been canceled by the terms of this section suffers any measurable damages as a result of any annexation pursuant to this chapter, such person, firm, or corporation has a right of action against any city causing such damages. [1997 c 171 § 3; 1967 ex.s. c 119 § 35A.14.900.] Additional notes found at www.leg.wa.gov 35A.14.901 Application of chapter to annexations involving water or sewer service. Nothing in this chapter precludes or otherwise applies to an annexation by a code city of unincorporated territory as authorized by RCW 57.24.170, 57.24.190, and 57.24.210. [1996 c 230 § 1604; 1995 c 279 § 4.] 35A.14.901 Additional notes found at www.leg.wa.gov Chapter 35A.15 Chapter 35A.15 RCW DISINCORPORATION Sections 35A.15.001 35A.15.010 35A.15.020 35A.15.040 35A.15.050 35A.15.060 35A.15.070 35A.15.080 35A.15.090 35A.15.100 35A.15.105 35A.15.110 Actions subject to review by boundary review board. Authority for disincorporation—Petition—Resolution. Election on disincorporation—Receiver. Ballots—Election results. Effect of disincorporation—Powers—Offices. Receiver—Qualification—Bond—When receiver may be appointed. Duties and authority of receiver—Claims—Priority. Compensation of receiver. Receiver—Removal for cause—Successive appointments. Receiver—Final account and discharge. Applicability of general receivership law. Involuntary dissolution. 35A.15.001 Actions subject to review by boundary review board. Actions taken under chapter 35A.15 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 39.] 35A.15.001 35A.15.010 Authority for disincorporation—Petition—Resolution. Any noncharter code city may be disincorporated. Proceedings may be initiated by the filing with the county auditor of a petition for disincorporation signed by a majority of the registered voters resident in such city, or the legislative body of the city may provide by resolution for an election on the proposition of disincorporation. [1990 c 259 § 11; 1967 ex.s. c 119 § 35A.15.010.] 35A.15.010 Sufficiency of petition in code city: RCW 35A.01.040. 35A.15.020 Election on disincorporation—Receiver. The legislative body shall cause the proposition of disincorporation to be submitted to the voters at the next general municipal election if one is to be held within one hundred and eighty days, or at a special election called for that purpose not less than ninety days, nor more than one hundred and eighty days, after the certification of sufficiency of the petition, or the passage of the resolution, as the case may be. If the code city has any indebtedness or outstanding liabilities, the legislative body shall provide for election of a receiver at the same election. [1967 ex.s. c 119 § 35A.15.020.] 35A.15.020 35A.15.040 Ballots—Election results. Ballot titles shall be prepared by the city as provided in RCW 35A.29.120 35A.15.040 (2010 Ed.) Reduction of City Limits and shall contain the words "For Dissolution" and "Against Dissolution", and shall contain on separate lines, alphabetically, the names of candidates for receiver. If a majority of the votes cast on the proposition are for dissolution, the municipal corporation shall be dissolved upon certification of the election results to the office of the secretary of state. [1994 c 223 § 39; 1967 ex.s. c 119 § 35A.15.040.] 35A.15.050 Effect of disincorporation—Powers— Offices. The effect of disincorporation of a noncharter code city shall be as provided in RCW 35.07.090, 35.07.100, and 35.07.110. [1967 ex.s. c 119 § 35A.15.050.] 35A.15.050 35A.15.060 Receiver—Qualification—Bond—When receiver may be appointed. The receiver shall qualify and post a bond as provided in RCW 35.07.120. If an elected receiver fails to qualify within the time prescribed, or if no receiver has been elected and the code city does have indebtedness or an outstanding liability, a receiver shall be appointed in the manner provided in RCW 35.07.130 or as prov id ed in R CW 3 5.07 .140 . [1 967 ex .s. c 119 § 35A.15.060.] 35A.15.060 35A.15.070 Duties and authority of receiver— Claims—Priority. The duties and authority of the receiver and the disposition and priority of claims against the former municipality shall be as provided in RCW 35.07.150, and the receiver shall have the rights, powers, and limitations provided for such a receiver in RCW 35.07.160, 35.07.170, and 35.07.180. [1967 ex.s. c 119 § 35A.15.070.] 35A.15.070 35A.15.080 Compensation of receiver. The compensation of the receiver shall be as provided in RCW 35.07.190. [1967 ex.s. c 119 § 35A.15.080.] 35A.15.080 35A.15.090 Receiver—Removal for cause—Successive appointments. The receiver may be removed for cause as provided in RCW 35.07.200 and a successor to the receiver may be appointed as provided in RCW 35.07.210. [1967 ex.s. c 119 § 35A.15.090.] 35A.15.090 35A.15.100 Receiver—Final account and discharge. The receiver shall file a final account, pay remaining funds to the county treasurer, and be discharged, all as provided in RCW 35.07.220. [1967 ex.s. c 119 § 35A.15.100.] 35A.15.100 35A.15.105 Applicability of general receivership law. The provisions of Title 7 RCW generally applicable to receivers and receiverships do not apply to receivers elected or appointed under this chapter. [2004 c 165 § 44.] 35A.15.105 Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005. 35A.15.110 Involuntary dissolution. A noncharter code city may be involuntarily dissolved in the manner provided in RCW 35.07.230, 35.07.240, 35.07.250, and 35.07.260 upon the existence of the conditions stated in RCW 35.07.230. [1967 ex.s. c 119 § 35A.15.110.] 35A.15.110 (2010 Ed.) Chapter 35A.16 35A.16.050 Chapter 35A.16 RCW REDUCTION OF CITY LIMITS Sections 35A.16.001 35A.16.010 35A.16.030 35A.16.040 35A.16.050 35A.16.060 35A.16.070 35A.16.080 Actions subject to review by boundary review board. Petition or resolution for election. Abstract of vote. Effective date of reduction. Recording of ordinance and plat on effective date of reduction. Effect of exclusion as to liability for indebtedness. Franchises within territory excluded. Exclusion of agricultural land from the incorporated area of a code city. 35A.16.001 Actions subject to review by boundary review board. Actions taken under chapter 35A.16 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 40.] 35A.16.001 35A.16.010 Petition or resolution for election. Upon the filing of a petition which is sufficient as determined by RCW 35A.01.040 praying for the exclusion from the boundaries of a code city of an area described by metes and bounds or by reference to a recorded plat or government survey, signed by qualified voters of the city in number equal to not less than ten percent of the number of votes cast at the last general municipal election, the legislative body of the code city shall cause the question to be submitted to the voters. As an alternate method, such a proposal for exclusion from the code city of a described area may be submitted to the voters by resolution of the legislative body. The question shall be submitted at the next general municipal election if one is to be held within one hundred and eighty days or at a special election called for that purpose not less than ninety days nor more than one hundred and eighty days after the certification of sufficiency of the petition or the passage of the resolution. The petition or resolution shall set out and describe the territory to be excluded from the code city, together with the boundaries of the code city as it will exist after such change is made. [1967 ex.s. c 119 § 35A.16.010.] 35A.16.010 35A.16.030 Abstract of vote. If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the county auditor shall make and transmit to the office of the secretary of state a certified abstract of the vote. [1994 c 223 § 40; 1967 ex.s. c 119 § 35A.16.030.] 35A.16.030 35A.16.040 Effective date of reduction. Promptly after the filing of the abstract of votes with the secretary of state the legislative body shall adopt an ordinance defining and fixing the corporate limits after excluding the area as determined by the election. The ordinance shall also describe the excluded territory by metes and bounds or by reference to a recorded plat or government survey and declare it no longer a part of the code city. [1967 ex.s. c 119 § 35A.16.040.] 35A.16.040 35A.16.050 Recording of ordinance and plat on effective date of reduction. Upon the effective date of the ordinance a certified copy thereof together with a map showing the corporate limits as altered shall be filed and recorded in the office of the county auditor of the county in which the code city is situated, and thereupon the boundaries shall be as set forth therein. [1967 ex.s. c 119 § 35A.16.050.] 35A.16.050 [Title 35A RCW—page 39] 35A.16.060 Title 35A RCW: Optional Municipal Code 35A.16.060 35A.16.060 Effect of exclusion as to liability for indebtedness. The exclusion of an area from the boundaries of the code city shall not exempt any real property therein from taxation for the purpose of paying any indebtedness of the code city existing at the time of its exclusion and the interest thereon. [1967 ex.s. c 119 § 35A.16.060.] 35A.16.070 35A.16.070 Franchises within territory excluded. In regard to franchises previously granted for operation of any public service business or facility within the territory excluded from a code city by proceedings under this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having jurisdiction over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by an incorporation, and such a franchise shall be canceled and a new franchise issued by the legislative body having jurisdiction, as therein provided. [1967 ex.s. c 119 § 35A.16.070.] 35A.16.080 35A.16.080 Exclusion of agricultural land from the incorporated area of a code city. Proceedings for excluding agricultural land from the boundaries of a charter code city or noncharter code city may be commenced by the filing of a petition which is sufficient as determined by RCW 35A.01.040 by property owners of the agricultural land proposed to be excluded, in the following manner which is alternative to other methods provided in this chapter: (1) A petition for exclusion of agricultural land from the incorporated area of a code city shall be filed with the legislative body of the municipality. The petition for exclusion must be signed by the owners of not less than one hundred percent of the agricultural land for which exclusion is sought and, if residents exist within the area proposed for exclusion, a majority of the registered voters residing in the area for which exclusion is petitioned. (2) The petition shall set forth a legal description of the territory proposed to be excluded and shall be accompanied by a drawing that outlines the boundaries of the territory sought to be excluded. (3) When a petition for exclusion that meets the requirements of this section and RCW 35A.01.040 is filed with the legislative body of the code city, the legislative body shall set a date, not later than sixty days after the filing of the request, for a public hearing thereon and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the city. The notice shall also be posted in three public places within the territory proposed for exclusion, and shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of the exclusion. (4) Following the hearing, if the legislative body determines to effect the exclusion from city boundaries, they shall do so by ordinance. The ordinance may exclude all or any portion of the proposed territory but may not include in the exclusion any territory not described in the petition. The ordinance shall contain a legal description of the territory and declare it no longer a part of the code city. [2005 c 77 § 1.] [Title 35A RCW—page 40] Chapter 35A.21 RCW PROVISIONS AFFECTING ALL CODE CITIES Chapter 35A.21 Sections 35A.21.010 35A.21.020 35A.21.030 35A.21.040 35A.21.050 35A.21.060 35A.21.070 35A.21.080 35A.21.090 35A.21.100 35A.21.110 35A.21.120 35A.21.125 35A.21.130 35A.21.140 35A.21.150 35A.21.152 35A.21.153 35A.21.155 35A.21.160 35A.21.161 35A.21.162 35A.21.164 35A.21.170 35A.21.180 35A.21.190 35A.21.195 35A.21.200 35A.21.210 35A.21.220 35A.21.230 35A.21.240 35A.21.245 35A.21.250 35A.21.260 35A.21.270 35A.21.275 35A.21.280 35A.21.290 35A.21.300 35A.21.310 35A.21.312 35A.21.320 35A.21.330 35A.21.335 35A.21.340 35A.21.350 35A.21.360 35A.21.370 Validity of ordinances and resolutions—Deficiencies of form. Conflict between charter and optional code. Mandatory duties of code city officers. Merit systems. Pension and retirement systems. Garbage ordinance—Lien—Foreclosure. Office hours prescribed by ordinance. Computation of time. Jurisdiction over adjacent waters—Control of street over tidelands. Lien for utility services. Warrants—Interest rate—Payment. Utilities—Facilities for generation of electricity. Locally regulated utilities—Attachments to poles. Codification of ordinances. Change of name. Sewerage and refuse collection and disposal systems. Solid waste collection—Rate increase notice. Solid waste collection curbside recycling—Reduced rate. Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter. General application of laws to code cities. Regulation of activities and enforcement of penal laws. Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts. Fiscal year. Flags to be displayed. Daylight saving time. Actions by and against code cities. Limitation of actions. Revision of corporate boundary within street, road, or highway right-of-way by substituting right-of-way line—Not subject to review. Insurance and workers’ compensation for offenders performing community restitution. Designation of official newspaper. Right-of-way donations—Credit against required improvements. Facilities and rights-of-way—Requirements and restrictions— Application to code cities. Building construction projects—Code city prohibited from requiring state agencies or local governments to provide bond or other security as a condition for issuance of permit. Amateur radio antennas—Local regulation to conform with federal law. Assumption of substandard water system—Limited immunity from liability. Regulation of automatic number or location identification— Prohibited. Statement of restrictions applicable to real property. Fish enhancement project—Code city’s liability. Rail fixed guideway system—Safety program plan and security and emergency preparedness plan. Mobile home, manufactured home, or park model moving or installing—Copies of permits—Definitions. Authority to regulate placement or use of homes—Regulation of manufactured homes—Issuance of permits—Restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences. Abandoned or derelict vessels. Regulation of financial transactions—Limitations. Registration under or compliance with streamlined sales and use tax agreement—Prohibited requirement for businesses. Contractors—Authority of city to verify registration and report violations. Community athletics programs—Sex discrimination prohibited. Temporary encampments for the homeless—Hosting by religious organizations authorized—Prohibitions on local actions. State and federal background checks of license applicants and licensees of occupations under local licensing authority. Demonstration Cities and Metropolitan Development Act—Authority of cities to contract with federal government: RCW 35.21.660. (2010 Ed.) Provisions Affecting All Code Cities Disturbances at state penal facilities—Local participation and reimbursement: Chapter 72.02 RCW. Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial and other assistance by county authorized: RCW 36.32.470. Limitation on penalty for act constituting a crime under state law: RCW 35.21.163. Local adopt-a-highway programs: RCW 47.40.105. Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060. 35A.21.010 Validity of ordinances and resolutions— Deficiencies of form. Deficiencies in the form of an ordinance or resolution shall not affect the validity thereof if the following requirements are met: (1) The purpose and intent of the ordinance or resolution are clear. (2) Any regulatory or procedural provisions thereof are expressed in clear and unambiguous terms, or the legislative intent can be determined by usual methods of judicial construction. (3) The legislative action was taken at an authorized public meeting held within the code city limits at a time and place made known to residents of the city, as provided by law. (4) The legislative body of the code city followed the prescribed procedures, if any, for passage of such an ordinance or resolution, as provided in the law or charter provision delegating to the legislative body the authority to so legislate; or, if prescribed procedures were not strictly complied with, no substantial detriment was incurred by any affected person, by reason of such irregularity. If the foregoing requirements have been met, brevity or awkwardness of language, or defects of form not going to the substance, or inadvertent use of an incorrect or inaccurate proper name or term shall not render an ordinance or resolution invalid, if otherwise in compliance with law. [1967 ex.s. c 119 § 35A.21.010.] 35A.21.110 form like functions. [2009 c 549 § 3031; 1967 ex.s. c 119 § 35A.21.030.] 35A.21.040 Merit systems. Provisions for a merit system, made by charter or ordinance of a code city, shall be in compliance with any applicable statutes relating to civil service for employees of such city: PROVIDED, That nothing herein shall impair the validity of charter provisions adopted prior to the effective date of this title and relating to a merit system. [1967 ex.s. c 119 § 35A.21.040.] 35A.21.040 35A.21.010 35A.21.020 Conflict between charter and optional code. This optional municipal code is intended to be a general law, available to all cities and towns within the state, and to all legal intents and purposes a "general law" within the meaning of Article 11, section 10 of the state Constitution, as amended. If any provision of this title is in conflict with any provision of the charter or amendments thereto of any charter code city, the provisions of this title shall govern and control, except where the legislative body of such charter code city, by ordinance, elects to retain such charter provision or amendment, in which event such charter provision shall prevail notwithstanding a conflict with provisions of this optional code: PROVIDED, That such ordinance shall be subject to referendum as provided in RCW 35A.29.170. [1967 ex.s. c 119 § 35A.21.020.] 35A.21.020 35A.21.030 Mandatory duties of code city officers. Except as otherwise provided in this title, every officer of a code city shall perform, in the manner provided, all duties of his or her office which are imposed by state law on officers of every other class of city who occupy a like position and per- 35A.21.050 Pension and retirement systems. Nothing in this title shall be construed to alter or affect vested rights of city employees under pension and retirement systems in effect at the time this title becomes effective. [1967 ex.s. c 119 § 35A.21.050.] 35A.21.050 35A.21.060 Garbage ordinance—Lien—Foreclosure. A garbage ordinance of a code city may contain the provisions authorized by RCW 35.21.130. Notice shall be given of a lien for garbage collection and disposal service, the lien shall have priority and be foreclosed all as provided in RCW 35.21.140 and 35.21.150. [1967 ex.s. c 119 § 35A.21.060.] 35A.21.060 35A.21.070 Office hours prescribed by ordinance. All code city offices shall be kept open for the transaction of business during such days and hours as the legislative body of such city shall by ordinance prescribe. [1967 ex.s. c 119 § 35A.21.070.] 35A.21.070 35A.21.080 Computation of time. When, under the provisions of this title, an act is to be done within a certain time period, the time shall be computed by excluding the first day and including the last, except that when the last day is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the city’s ordinances as a holiday, then it also is excluded and the act must be completed on the next business day. [1967 ex.s. c 119 § 35A.21.080.] 35A.21.080 35A.21.090 Jurisdiction over adjacent waters—Control of street over tidelands. The legislative body of a code city shall have supervision and control within its corporate limits of streets over tidelands or upon or across tide and shore lands of the first class as provided in RCW 35.21.230, 35.21.240 and 35.21.250; and shall have jurisdiction over adjacent waters as provided in RCW 35.21.160. [1967 ex.s. c 119 § 35A.21.090.] 35A.21.090 35A.21.100 Lien for utility services. Code cities owning or operating waterworks or electric light distribution or power plants shall have a lien for such utility services as provided by RCW 35.21.290 for cities owning such plants and as limited therein, which lien may be enforced only as provided in RCW 35.21.300. [1967 ex.s. c 119 § 35A.21.100.] 35A.21.100 35A.21.030 (2010 Ed.) 35A.21.110 Warrants—Interest rate—Payment. Code city warrants shall draw interest, be paid, and called for all as provided in RCW 35.21.320 and the duty and liability of the treasurer of a code city in calling and paying warrants 35A.21.110 [Title 35A RCW—page 41] 35A.21.120 Title 35A RCW: Optional Municipal Code of the city shall be as provided in RCW 35.21.320. [1967 ex.s. c 119 § 35A.21.110.] 35A.21.120 Utilities—Facilities for generation of electricity. Any code city owning and operating a public utility and having facilities and/or land for the generation of electricity shall be governed by the provisions of RCW 35.21.420 through 35.21.450. [1967 ex.s. c 119 § 35A.21.120.] 35A.21.120 35A.21.125 Locally regulated utilities—Attachments to poles. (1) As used in this section: (a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent. (b) "Locally regulated utility" means a code city owning and operating an electric utility not subject to rate or service regulation by the utilities and transportation commission. (c) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments. (2) All rates, terms, and conditions made, demanded or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area. (3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities. [1996 c 32 § 4.] 35A.21.125 35A.21.130 Codification of ordinances. Compilation, codification, and revision of code city ordinances shall be as provided by and be governed by the provisions of RCW 35.21.500 through 35.21.570. [1967 ex.s. c 119 § 35A.21.130.] 35A.21.130 35A.21.140 Change of name. Any code city may change its name in accordance with the procedure provided in chapter 35.62 RCW. [1967 ex.s. c 119 § 35A.21.140.] 35A.21.140 35A.21.150 Sewerage and refuse collection and disposal systems. The general law as contained in, but not limited to, chapter 35.67 RCW, relating to sewerage systems and the collection and disposal of refuse, the manner of providing therefor, and the issuance of general obligation or revenue bonds therefor, the establishment of a revenue bond fund in connection therewith, compulsory connection with a city sewer system, setting and collection of rates, fees, and charges therefor, and the existence, enforcement, and foreclosure of a lien for sewer services is hereby recognized as applicable to code cities operating systems of sewerage and systems and plants for refuse collection and disposal. A code 35A.21.150 [Title 35A RCW—page 42] city may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations provided in chapter 35.67 RCW, subject to the conditions and lim itatio ns th er ein pro vided. [ 196 7 ex.s. c 119 § 35A.21.150.] 35A.21.152 Solid waste collection—Rate increase notice. (1) A city that contracts for the collection of solid waste, or provides for the collection of solid waste directly, shall notify the public of each proposed rate increase for a solid waste handling service. The notice may be mailed to each affected ratepayer or published once a week for two consecutive weeks in a newspaper of general circulation in the collection area. The notice shall be available to affected ratepayers at least forty-five days prior to the proposed effective date of the rate increase. (2) For purposes of this section, "solid waste handling" has the same meaning as provided in RCW 70.95.030. [1994 c 161 § 3.] 35A.21.152 Findings—Declaration—1994 c 161: See note following RCW 35.21.157. 35A.21.153 Solid waste collection curbside recycling—Reduced rate. (1) Each city or town providing by ordinance or resolution a reduced solid waste collection rate to residents participating in a residential curbside recycling program implemented under RCW 70.95.090, may provide a similar reduced rate to residents participating in any other recycling program, if such program is approved by the jurisdiction. Nothing in this section shall be interpreted to reduce the authority of a city to adopt ordinances under RCW 35.21.130(1). (2) For the purposes of this section, "reduced rate" means a residential solid waste collection rate incorporating a rebate, refund, or discount. Reduced rate shall not include residential solid waste collection rate based on the volume or weight of solid waste set out for collection. [1991 c 319 § 405.] 35A.21.153 Additional notes found at www.leg.wa.gov 35A.21.155 Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter. Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a solid waste collection company. Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. [1989 c 431 § 35.] 35A.21.155 Additional notes found at www.leg.wa.gov 35A.21.160 General application of laws to code cities. A code city organized or reorganized under this title shall have all of the powers which any city of any class may have and shall be governed in matters of state concern by statutes applicable to such cities in connection with such powers to 35A.21.160 (2010 Ed.) Provisions Affecting All Code Cities 35A.21.245 35A.21.161 Regulation of activities and enforcement of penal laws. All code cities shall observe and enforce, in addition to its local regulations, the provisions of state laws relating to the conduct, location and limitation on activities as regulated by state law and shall supply police information to the *section on identification of the state patrol as required by chapter 43.43 RCW. [1983 c 3 § 59; 1967 ex.s. c 119 § 35A.21.161.] city which coincides with the centerline, edge, or any portion of a public street, road or highway right-of-way by substituting therefor a right-of-way line of the same public street, road or highway so as fully to include or fully to exclude that segment of the public street, road or highway from the corporate limits of the city. (2) The revision of a corporate boundary as authorized by this section shall become effective when approved by ordinance of the city council and by ordinance or resolution of the county legislative authority. Such a boundary revision is not subject to potential review by a boundary review board. [1989 c 84 § 11; 1975 1st ex.s. c 220 § 18.] *Reviser’s note: The "section on identification" was renamed the "identification and criminal history section" by 2006 c 294 § 1. Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170. the extent to which such laws are appropriate and are not in conflict with the provisions specifically applicable to code cities. [1967 ex.s. c 119 § 35A.21.160.] 35A.21.161 Boundary line adjustment: RCW 35.13.300 through 35.13.330. 35A.21.162 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW. 35A.21.162 35A.21.164 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts. See RCW 87.03.825 through 87.03.840. 35A.21.164 35A.21.170 Fiscal year. The fiscal year of a code city shall commence on the first day of January and end on the thirty-first day of December of each calendar year unless a different fiscal period is authorized by RCW 1.16.030, as amended. [1967 ex.s. c 119 § 35A.21.170.] 35A.21.170 35A.21.180 Flags to be displayed. The flag of the United States and the flag of the state shall be prominently installed and displayed and maintained in code city buildings and shall be as provided in RCW 1.20.010. [1967 ex.s. c 119 § 35A.21.180.] 35A.21.180 35A.21.190 Daylight saving time. No code city shall adopt any provision for the observance of daylight saving time other than as authorized by RCW 1.20.050 and 1.20.051. [1967 ex.s. c 119 § 35A.21.190.] 35A.21.190 Use of right-of-way line as corporate boundary in incorporation proceeding—When right-of-way may be included in territory to be incorporated: RCW 35.02.170. When right-of-way may be included in territory to be annexed—Use of rightof-way line as corporate boundary in annexation: RCW 35A.14.410. 35A.21.220 Insurance and workers’ compensation for offenders performing community restitution. The legislative authority of a code city may purchase liability insurance in an amount it deems reasonable to protect the code city, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of court-ordered community restitution, and may elect to treat offenders as employees and/or workers under Title 51 RCW. [2002 c 175 § 31; 1984 c 24 § 2.] 35A.21.220 Effective date—2002 c 175: See note following RCW 7.80.130. Workers’ compensation coverage of offenders performing community restitution: RCW 51.12.045. 35A.21.230 Designation of official newspaper. Each code city shall designate an official newspaper by resolution. The newspaper shall be of general circulation in the city and have the qualifications prescribed by chapter 65.16 RCW. [1985 c 469 § 102.] 35A.21.230 35A.21.195 Actions by and against code cities. A code city may exercise the power to bring an action or special proceeding at law as authorized by Title 4 RCW, chapters 7.24, 7.25, and 6.27 RCW, and shall be subject to actions and process of law in accordance with procedures prescribed by law and rules of court. [1987 c 442 § 1117; 1983 c 3 § 58; 1967 ex.s. c 119 § 35A.20.150. Formerly RCW 35A.20.150.] 35A.21.240 Right-of-way donations—Credit against required improvements. Where the zoning and planning provisions of a city or town require landscaping, parking, or other improvements as a condition to granting permits for commercial or industrial developments, the city or town may credit donations of right-of-way in excess of that required for traffic improvement against such landscaping, parking, or other requirements. [1987 c 267 § 8.] 35A.21.200 Limitation of actions. The limitations prescribed in chapter 4.16 RCW shall apply to actions brought in the name or for the benefit of, or against, a code city, except as otherwise provided by general law or by this title. [1967 ex.s. c 119 § 35A.21.200.] Right-of-way donations: Chapter 47.14 RCW. 35A.21.240 35A.21.195 35A.21.200 35A.21.210 Revision of corporate boundary within street, road, or highway right-of-way by substituting right-of-way line—Not subject to review. (1) The governing bodies of a county and any code city located therein may by agreement revise any part of the corporate boundary of the 35A.21.210 (2010 Ed.) Additional notes found at www.leg.wa.gov 35A.21.245 Facilities and rights-of-way—Requirements and restrictions—Application to code cities. Each code city is subject to the requirements and restrictions regarding facilities and rights-of-way under *this chapter. [2000 c 83 § 10.] 35A.21.245 *Reviser’s note: A reference to chapter 35.99 RCW was apparently intended. "Facilities," "right-of-way" defined: RCW 35.99.010. [Title 35A RCW—page 43] 35A.21.250 Title 35A RCW: Optional Municipal Code 35A.21.250 Building construction projects—Code city prohibited from requiring state agencies or local governments to provide bond or other security as a condition for issuance of permit. A code city may not require any state agency or unit of local government to secure the performance of a permit requirement with a surety bond or other financial security device, including cash or assigned account, as a condition of issuing a permit to that unit of local government for a building construction project. As used in this section, "building construction project" includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access alteration, or other amenities or alterations necessarily associated with the project. [1993 c 439 § 2.] 35A.21.250 35A.21.260 Amateur radio antennas—Local regulation to conform with federal law. No code city shall enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a code city with respect to amateur radio antennas shall conform to the limited federal preemption, that states local regulations that involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation to accomplish the local authority’s legitimate purpose. [1994 c 50 § 2.] 35A.21.260 Additional notes found at www.leg.wa.gov 35A.21.270 Assumption of substandard water system—Limited immunity from liability. A code city assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on noncompliance with state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and continue after the date of assuming responsibility, provided that the city has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith. [1994 c 292 § 6.] 35A.21.270 Findings—Intent—1994 c 292: See note following RCW 57.04.050. 35A.21.275 Regulation of automatic number or location identification—Prohibited. No code city may enact or enforce an ordinance or regulation mandating automatic number identification or automatic location identification for a private telecommunications system or for a provider of private shared telecommunications services. [1995 c 243 § 7.] 35A.21.275 Findings—Severability—1995 c 243: See notes following RCW 80.36.555. 35A.21.280 Statement of restrictions applicable to real property. (1) A property owner may make a written 35A.21.280 [Title 35A RCW—page 44] request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property to the code city in which the real property is located. (2) Within thirty days of the receipt of the request, the code city shall provide the owner, by registered mail, with a statement of restrictions as described in subsection (3) of this section. (3) The statement of restrictions shall include the following: (a) The zoning currently applicable to the real property; (b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property; (c) Any designations made by the code city pursuant to chapter 36.70A RCW of any portion of the real property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area; and (d) If information regarding the designations listed in (c) of this subsection are not readily available, inform the owner of the procedure by which the owner can obtain that site-specific information from the code city. (4) If a code city fails to provide the statement of restrictions within thirty days after receipt of the written request, the owner shall be awarded recovery of all attorneys’ fees and costs incurred in any successful application for a writ of mandamus to compel production of a statement. (5) For purposes of this section: (a) "Owner" means any vested owner or any person holding the buyer’s interest under a recorded real estate contract in which the seller is the vested owner; and (b) "Real property" means a parcel, tract, lot or block: (i) Containing a single-family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or (ii) five acres or less in size. (6) This section does not affect the vesting of permits or development rights. Nothing in this section shall be deemed to create any liability on the part of a code city. [1996 c 206 § 7.] Findings—1996 c 206: See note following RCW 43.05.030. Additional notes found at www.leg.wa.gov 35A.21.290 Fish enhancement project—Code city’s liability. A code city is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of *RCW 77.55.290 and has been permitted by the department of fish and wildlife. [2003 c 39 § 16; 1998 c 249 § 10.] 35A.21.290 *Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181 pursuant to 2005 c 146 § 1001. Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181. 35A.21.300 Rail fixed guideway system—Safety program plan and security and emergency preparedness plan. (1) Each code city that owns or operates a rail fixed guideway system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or 35A.21.300 (2010 Ed.) Provisions Affecting All Code Cities instituting revisions to its plans. These plans must describe the code city’s procedures for (a) reporting and investigating reportable accidents, unacceptable hazardous conditions, and security breaches, (b) submitting corrective action plans and annual safety and security audit reports, (c) facilitating onsite safety and security reviews by the state department of transportation, and (d) addressing passenger and employee security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation. If required by the department, the code city shall revise its plans to incorporate the department’s review comments within sixty days after their receipt, and resubmit its revised plans for review. (2) Each code city shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The code city shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation no later than December 15th each year. The code city shall prepare an annual report for its internal safety and security audits undertaken in the prior year and submit it to the department no later than February 15th. This annual report must include the dates the audits were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result of the audit activity, and the results of each audit in terms of the adequacy and effectiveness of the plans. (3) Each code city shall notify the department of transportation within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach. The department may adopt rules further defining a reportable accident, unacceptable hazardous condition, or security breach. The code city shall investigate all reportable accidents, unacceptable hazardous conditions, or security breaches and provide a written investigation report to the department within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security breach. (4) The system security and emergency preparedness plan required in subsection (1)(d) of this section is exempt from public disclosure under chapter 42.56 RCW. However, the system safety program plan as described in this section is not subject to this exemption. [2007 c 422 § 2; 2005 c 274 § 267; 1999 c 202 § 2.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Additional notes found at www.leg.wa.gov 35A.21.310 Mobile home, manufactured home, or park model moving or installing—Copies of permits— Definitions. (1) A code city shall transmit a copy of any permit issued to a tenant or the tenant’s agent for a mobile home, manufactured home, or park model installation in a mobile home park to the landlord. (2) A code city shall transmit a copy of any permit issued to a person engaged in the business of moving or installing a mobile home, manufactured home, or park model in a mobile home park to the tenant and the landlord. (3) As used in this section: (a) "Landlord" has the same meaning as in RCW 59.20.030; 35A.21.310 (2010 Ed.) 35A.21.312 (b) "Mobile home park" has the same meaning as in RCW 59.20.030; (c) "Mobile or manufactured home installation" has the same meaning as in *RCW 43.63B.010; and (d) "Tenant" has the same meaning as in RCW 59.20.030. [1999 c 359 § 19.] *Reviser’s note: RCW 43.63B.010 was recodified as RCW 43.22A.010 pursuant to 2007 c 432 § 13. Additional notes found at www.leg.wa.gov 35A.21.312 Authority to regulate placement or use of homes—Regulation of manufactured homes—Issuance of p e rm i t s — R e s t r ic t i o n s o n l o c a t io n o f m a n u f a c tured/mobile homes and entry or removal of recreational vehicles used as primary residences. (1) A code city may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers’ choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any code city may require that: (a) A manufactured home be a new manufactured home; (b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; (c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; (d) The home is thermally equivalent to the state energy code; and (e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160. A code city with a population of one hundred thirty-five thousand or more may choose to designate its building official as the person responsible for issuing all permits, including department of labor and industries permits issued under chapter 43.22 RCW in accordance with an interlocal agreement under chapter 39.34 RCW, for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section. (2) A code city may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of manufactured/mobile homes in manufactured/mobile home communities that were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the manufactured/mobile home. This does not preclude a code city from restricting the location of a manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to manufactured/mobile homes. (3) Except as provided under subsection (4) of this section, a code city may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requir35A.21.312 [Title 35A RCW—page 45] 35A.21.320 Title 35A RCW: Optional Municipal Code ing the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities. (4) Subsection (3) of this section does not apply to any local ordinance or state law that: (a) Imposes fire, safety, or other regulations related to recreational vehicles; (b) Requires utility hookups in manufactured/mobile home communities to meet state or federal building code standards for manufactured/mobile home communities or recreational vehicle parks; or (c) Includes both of the following provisions: (i) A recreational vehicle must contain at least one internal toilet and at least one internal shower; and (ii) If the requirement in (c)(i) of this subsection is not met, a manufactured/mobile home community must provide toilets and showers. (5) For the purposes of this section, "manufactured/mobile home community" has the same meaning as in RCW 59.20.030. (6) This section does not override any legally recorded covenants or deed restrictions of record. (7) This section does not affect the authority granted under chapter 43.22 RCW. [2009 c 79 § 2; 2008 c 117 § 2; 2004 c 256 § 3.] Findings—Intent—Effective date—2004 c 256: See notes following RCW 35.21.684. 35A.21.320 Abandoned or derelict vessels. A code city has the authority, subject to the processes and limitation outlined in chapter 79.100 RCW, to store, strip, use, auction, sell, salvage, scrap, or dispose of an abandoned or derelict vessel found on or above publicly or privately owned aquatic lands within the jurisdiction of the code city. [2002 c 286 § 16.] 35A.21.320 Severability—Effective date—2002 c 286: See RCW 79.100.900 and 79.100.901. 35A.21.330 Regulation of financial transactions— Limitations. A code city or governmental entity subject to this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer and (1) a business or professional under the jurisdiction of the department of financial institutions, or (2) any financial institution as defined under RCW 30.22.041. [2005 c 338 § 3.] 35A.21.330 Finding—Intent—2005 c 338: See note following RCW 35.21.698. 35A.21.335 Registration under or compliance with streamlined sales and use tax agreement—Prohibited requirement for businesses. A code city may not require a business to be licensed based solely upon registration under or compliance with the streamlined sales and use tax agreement. [2008 c 129 § 5.] 35A.21.335 35A.21.340 Contractors—Authority of city to verify registration and report violations. A city that issues a business license to a person required to be registered under chapter 18.27 RCW may verify that the person is registered under chapter 18.27 RCW and report violations to the department of labor and industries. The department of licensing shall 35A.21.340 [Title 35A RCW—page 46] conduct the verification for cities that participate in the master license system. [2009 c 432 § 3.] Report—2009 c 432: See note following RCW 18.27.062. 35A.21.350 Community athletics programs—Sex discrimination prohibited. The antidiscrimination provisions of RCW 49.60.500 apply to community athletics programs and facilities operated, conducted, or administered by a code city. [2009 c 467 § 6.] 35A.21.350 Findings—Declarations—2009 c 467: See note following RCW 49.60.500. 35A.21.360 Temporary encampments for the homeless—Hosting by religious organizations authorized— Prohibitions on local actions. (1) A religious organization may host temporary encampments for the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings. (2) A code city may not enact an ordinance or regulation or take any other action that: (a) Imposes conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter for homeless persons on property owned by the religious organization; (b) Requires a religious organization to obtain insurance pertaining to the liability of a municipality with respect to homeless persons housed on property owned by a religious organization or otherwise requires the religious organization to indemnify the municipality against such liability; or (c) Imposes permit fees in excess of the actual costs associated with the review and approval of the required permit applications. (3) For the purposes of this section, "religious organization" means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property. (4) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for (a) damages arising from the permitting decisions for a temporary encampment for the homeless as provided in this section and (b) any conduct or unlawful activity that may occur as a result of the temporary encampment for the homeless as provided in this section. [2010 c 175 § 4.] 35A.21.360 Findings—Intent—Construction—Prior consent decrees and negotiated settlements for temporary encampments for the homeless not superseded—2010 c 175: See notes following RCW 36.01.290. 35A.21.370 State and federal background checks of license applicants and licensees of occupations under local licensing authority. Code cities may, by ordinance, require a state and federal background investigation of license applicants or licensees in occupations specified by ordinance for the purpose of receiving criminal history record information by code city officials. The investigation shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of 35A.21.370 (2010 Ed.) Aeronautics investigation. These background checks must be done through the Washington state patrol identification and criminal history section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. The Washington state patrol shall serve as the sole source for receipt of fingerprint submissions and the responses to the submissions from the federal bureau of investigation, which must be disseminated to the code city. The code city shall transmit appropriate fees for a state and national criminal history check to the Washington state patrol, unless alternately arranged. [2010 c 47 § 3.] Chapter 35A.24 Chapter 35A.24 RCW AERONAUTICS Sections 35A.24.010 Airport operation, planning and zoning. 35A.24.010 Airport operation, planning and zoning. A code city may exercise the powers relating to airport planning and zoning, improvement and operation as authorized by chapters 14.07, 14.08, and 14.12 RCW and chapter 35A.63 RCW of this title in accordance with the procedures therein prescribed. [1967 ex.s. c 119 § 35A.24.010.] 35A.24.010 Chapter 35A.27 Chapter 35A.27 RCW LIBRARIES, MUSEUMS, AND HISTORICAL ACTIVITIES Sections 35A.27.010 General laws applicable. 35A.27.010 General laws applicable. Every code city may exercise the powers relating to the acquisition, development, improvement and operation of libraries and museums and the preservation of historical materials to the same extent authorized by general law for cities of any class, including, but not limited to, the authority for city libraries granted by RCW 35.22.280, the power to acquire and operate art museums, auditoriums, and other facilities as authorized by RCW 35.21.020, to participate in the establishment of regional libraries, and to contract for library service for public libraries with county, intercounty, and rural library districts, and for regional libraries as authorized by chapter 27.12 RCW, to have a county law library or branch thereof generally under the provisions of chapter 27.24 RCW, to preserve historical materials, markers, graves and records as provided in chapters 27.48 and 27.34 RCW, and to expend municipal funds thereon. [1985 c 7 § 101; 1983 c 3 § 60; 1967 ex.s. c 119 § 35A.27.010.] 35A.29.170 of land and improvement thereof with school districts. Code cities and their relationship with public schools, colleges and school districts shall be governed by the provisions of general law, including Titles 28A and 28B RCW. Each code city shall be contained within one school district except as may be otherwise provided in *RCW 28A.315.250. [1983 c 3 § 61; 1967 ex.s. c 119 § 35A.28.010.] 801. *Reviser’s note: RCW 28A.315.250 was repealed by 1999 c 315 § Chapter 35A.29 RCW MUNICIPAL ELECTIONS IN CODE CITIES Chapter 35A.29 Sections 35A.29.120 35A.29.130 35A.29.151 35A.29.170 Ballot titles. Notice of ballot title—Appeal. Conduct of elections. Initiative and referendum petitions—Suspension of effectiveness of legislative action. 35A.29.180 Recall. 35A.29.120 Ballot titles. When any question is to be submitted to the voters of a code city, or when a proposition is to be submitted to the voters of an area under provisions of this title, the question or proposition shall be advertised as provided for nominees for office, and in such cases there shall also be printed on the ballot a ballot title for the question or proposition in the form applicable under RCW *29.79.055, **29.27.060, 82.14.036, 82.46.021, or 82.80.090 or as otherwise expressly required by state law. The ballot title shall be prepared by the attorney for the code city, or as specified in **RCW 29.27.060 for elections held outside of a code city. [1993 c 256 § 13; 1979 ex.s. c 18 § 31; 1967 ex.s. c 119 § 35A.29.120.] 35A.29.120 35A.27.010 Chapter 35A.28 Chapter 35A.28 RCW SCHOOLS Sections Reviser’s note: *(1) RCW 29.79.055 was recodified as RCW 29.27.066 pursuant to 2000 c 197 § 16. RCW 29.27.066 was subsequently recodified as RCW 29A.36.070 pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.36.070 was subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.36.070, see RCW 29A.36.071. **(2) RCW 29.27.060 was repealed by 2000 c 197 § 15. Additional notes found at www.leg.wa.gov 35A.29.130 Notice of ballot title—Appeal. Upon the filing of a ballot title as defined in RCW 35A.29.120, the county auditor shall forthwith notify the persons proposing the measure of the exact language of the ballot title. If the persons filing any local question covered by RCW 35A.29.120 are dissatisfied with the ballot title formulated by the attorney for the code city or by the county prosecuting attorney, they may appeal to the superior court of the county where the question is to appear on the ballot, as provided in *RCW 29.27.067. [1967 ex.s. c 119 § 35A.29.130.] 35A.29.130 *Reviser’s note: RCW 29.27.067 was recodified as RCW 29A.36.090 pursuant to 2003 c 111 § 2401, effective July 1, 2004. 35A.29.151 Conduct of elections. Elections for code cities shall comply with general election law. [1994 c 223 § 41.] 35A.29.151 35A.28.010 General laws applicable. 35A.29.170 Initiative and referendum petitions— Suspension of effectiveness of legislative action. Initiative and referendum petitions authorized to be filed under provi35A.29.170 35A.28.010 General laws applicable. Code cities shall have the authority to enter into contracts for joint acquisition 35A.28.010 (2010 Ed.) [Title 35A RCW—page 47] 35A.29.180 Title 35A RCW: Optional Municipal Code sions of this title, or authorized by charter, or authorized for code cities having the commission form of government as provided by chapter 35.17 RCW, shall be in substantial compliance with the provisions of RCW 35A.01.040 as to form and content of the petition, insofar as such provisions are applicable; shall contain a true copy of a resolution or ordinance sought to be referred to the voters; and must contain valid signatures of registered voters of the code city in the number required by the applicable provision of this title. Except when otherwise provided by statute, referendum petitions must be filed with the clerk of the legislative body of the code city within ninety days after the passage of the resolution or ordinance sought to be referred to the voters, or within such lesser number of days as may be authorized by statute or charter in order to precede the effective date of an ordinance: PROVIDED, That nothing herein shall be construed to abrogate or affect an exemption from initiative and/or referendum provided by a code city charter. The clerk shall transmit the petition to the county auditor who shall determine the sufficiency of the petition under the rules set forth in RCW 35A.01.040. When a referendum petition is filed with the clerk, the legislative action sought to be referred to the voters shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency or untimeliness of the referendum petition; or (2) the legislative action so referred is approved by the voters at a referendum election. [1996 c 286 § 8; 1967 ex.s. c 119 § 35A.29.170.] 35A.29.180 Recall. Elective officers of code cities may be recalled in the manner provided in *chapter 29.82 RCW. [1967 ex.s. c 119 § 35A.29.180.] 35A.29.180 *Reviser’s note: Chapter 29.82 RCW was recodified as chapter 29A.56 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004. Chapter 35A.31 Chapter 35A.31 RCW ACCIDENT CLAIMS AND FUNDS Sections 35A.31.010 Claims—Statement of residence required—Time for filing— Verification. 35A.31.020 Liberal construction. 35A.31.030 Report—Manner of filing. 35A.31.050 Charter code cities—Provisions cumulative. 35A.31.060 Accident fund—Warrants for judgments. 35A.31.070 Tax levy for fund. 35A.31.080 Surplus to general fund. 35A.31.010 Claims—Statement of residence required—Time for filing—Verification. Claims for damages sounding in tort against any code city shall be presented and filed within the time, in the manner and by the person prescribed in RCW 4.96.020. [1967 ex.s. c 119 § 35A.31.010.] 35A.31.010 35A.31.020 Liberal construction. With respect to the content of such claims the provisions of RCW 4.96.020 shall be liberally construed so that substantial compliance will be deemed satisfactory. [1967 ex.s. c 119 § 35A.31.020.] thereof, or appropriating any money or other property to pay or satisfy the same or any part thereof, until the claim has first been referred to the proper department or committee, nor until such department or committee has made its report thereon to the legislative body of the code city pursuant to such reference. No action shall be maintained against any code city for any claim for damages until the claim has been filed in the manner set forth in chapter 4.96 RCW. [1993 c 449 § 9; 1967 ex.s. c 119 § 35A.31.030.] Purpose—Severability—1993 c 449: See notes following RCW 4.96.010. 35A.31.050 35A.31.050 Charter code cities—Provisions cumulative. Nothing herein shall be construed as in anywise modifying, limiting, or repealing any valid provision of the charter of any charter code city relating to such claims for damages, except when in conflict herewith, but the provisions hereof shall be in addition to such charter provisions, and such claims for damages, in all other respects, shall conform to and comply with such charter provisions. [1967 ex.s. c 119 § 35A.31.050.] 35A.31.060 35A.31.060 Accident fund—Warrants for judgments. Every code city may create an accident fund upon which the clerk shall draw warrants for the full amount of any judgment including interest and costs against the city on account of personal injuries suffered by any person as shown by a transcript of the judgment duly certified to the clerk. Warrants issued for such purpose shall be in denominations not less than one hundred dollars nor more than five hundred dollars; they shall draw interest at the rate of six percent per annum, shall be numbered consecutively and be paid in the order of their issue. [1967 ex.s. c 119 § 35A.31.060.] 35A.31.070 35A.31.070 Tax levy for fund. The legislative body of the code city, after the drawing of warrants against the accident fund, shall estimate the amount necessary to pay the warrant with accrued interest thereon and may appropriate and transfer money from the contingency fund sufficient therefor, or if there is not sufficient money in the contingency fund the legislative body shall levy a tax sufficient to pay all or such unpaid portion of any judgment not exceeding seventy-five cents per thousand dollars of assessed value. If a single levy of seventy-five cents per thousand dollars of assessed value is not sufficient, and if other moneys are not available therefor, an annual levy of seventy-five cents per thousand dollars of assessed value shall be made until the warrants and interest are fully paid. [1973 1st ex.s. c 195 § 27; 1967 ex.s. c 119 § 35A.31.070.] Additional notes found at www.leg.wa.gov 35A.31.020 35A.31.030 Report—Manner of filing. No ordinance or resolution shall be passed allowing such claim or any part 35A.31.030 [Title 35A RCW—page 48] 35A.31.080 35A.31.080 Surplus to general fund. If there is no judgment outstanding against the city for personal injuries, the money remaining in the accident fund after the payment of the warrants drawn on that fund and interest in full shall be transferred to the general fund. [1967 ex.s. c 119 § 35A.31.080.] (2010 Ed.) Budgets in Code Cities Chapter 35A.33 Chapter 35A.33 RCW BUDGETS IN CODE CITIES Sections 35A.33.010 35A.33.020 35A.33.030 35A.33.040 35A.33.050 35A.33.052 35A.33.055 35A.33.060 35A.33.070 35A.33.075 35A.33.080 35A.33.090 35A.33.100 35A.33.102 35A.33.105 35A.33.110 35A.33.120 35A.33.122 35A.33.125 35A.33.130 35A.33.135 35A.33.140 35A.33.145 35A.33.146 35A.33.150 35A.33.160 Definitions. Applicability of chapter. Budget estimates. Classification and segregation of budget estimates. Proposed preliminary budget. Preliminary budget. Budget message—Preliminary hearings. Budget—Notice of hearing on final. Budget—Hearing. Budget adoption. Emergency expenditures—Nondebatable emergencies. Emergency expenditures—Other emergencies—Hearing. Emergency expenditures—Warrants—Payments. Registered warrants—Appropriations. Adjustment of wages, etc., of employees permissible budget notwithstanding. Forms—Accounting—Supervision by state. Funds—Limitations on expenditures—Transfers and adjustments. Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized. Limitation on expenditures—Void. Funds received from sales of bonds and warrants—Expenditures. Levy for ad valorem tax. Funds—Quarterly report of status. Contingency fund—Creation. Contingency fund—Withdrawals. Unexpended appropriations. Violations and penalties. 35A.33.010 Definitions. Unless the context clearly indicates otherwise, the following words as used in this chapter shall have the meaning herein prescribed: (1) "Chief administrative officer" as used in this chapter includes the mayor of cities having a mayor-council form of government, the commissioners in cities having a commission form of government, the city manager, or any other city official designated by the charter or ordinances of such city under the plan of government governing the same, or the budget or finance officer designated by the mayor, manager or commissioners, to perform the functions, or portions thereof, contemplated by this chapter. (2) "Clerk" as used in this chapter includes the officer performing the functions of a finance or budget director, comptroller, auditor, or by whatever title he or she may be known in any code city. (3) "Council" as used in this chapter includes the commissioners in cities having a commission form of government and any other group of city officials serving as the legislative body of a code city. (4) "Department" as used in this chapter includes each office, division, service, system or institution of the city for which no other statutory or charter provision is made for budgeting and accounting procedures or controls. (5) "Fiscal year" as used in this chapter means that fiscal period set by the code city pursuant to authority given under RCW 1.16.030. (6) "Fund", as used in this chapter and "funds" where clearly used to indicate the plural of "fund", shall mean the budgeting or accounting entity authorized to provide a sum of money for specified activities or purposes. (7) "Funds" as used in this chapter where not used to indicate the plural of "fund" shall mean money in hand or available for expenditure or payment of a debt or obligation. 35A.33.010 (2010 Ed.) 35A.33.050 (8) Except as otherwise defined herein, municipal accounting terms used in this chapter have the meaning prescribed in "Governmental Accounting, Auditing and Financial Reporting" prepared by the National Committee on Governmental Accounting, 1968. [2009 c 549 § 3032; 1969 ex.s. c 81 § 2; 1967 ex.s. c 119 § 35A.33.010.] Reviser’s note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k). Additional notes found at www.leg.wa.gov 35A.33.020 Applicability of chapter. The provisions of this chapter apply to all code cities except those which have adopted an ordinance under RCW 35A.34.040 providing for a biennial budget. In addition, this chapter shall not apply to any municipal utility or enterprise for which separate budgeting provisions are made by general state law. [1985 c 175 § 33; 1967 ex.s. c 119 § 35A.33.020.] 35A.33.020 35A.33.030 Budget estimates. On or before the second Monday of the fourth month prior to the beginning of the city’s next fiscal year, or at such other time as the city may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a code city to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by his or her department for the ensuing fiscal year. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by the state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of his or her office. The chief administrative officers of the city shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties herein required shall devolve upon the person next in charge of such department. [1995 c 301 § 51; 1967 ex.s. c 119 § 35A.33.030.] 35A.33.030 35A.33.040 Classification and segregation of budget estimates. All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor after consultation with the Washington finance officers association, the association of Washington cities and the association of Washington city managers. [1995 c 301 § 52; 1967 ex.s. c 119 § 35A.33.040.] 35A.33.040 35A.33.050 Proposed preliminary budget. On or before the first business day in the third month prior to the beginning of the fiscal year of a code city or at such other time as the city may provide by ordinance or charter, the clerk or other person designated by the charter, by ordinances, or by the chief administrative officer of the city shall submit to the chief administrative officer a proposed preliminary budget which shall set forth the complete financial program of 35A.33.050 [Title 35A RCW—page 49] 35A.33.052 Title 35A RCW: Optional Municipal Code the city for the ensuing fiscal year, showing the expenditure program requested by each department and the sources of revenue by which each such program is proposed to be financed. The revenue section shall set forth in comparative and tabular form for each fund the actual receipts for the last completed fiscal year, the estimated receipts for the current fiscal year and the estimated receipts for the ensuing fiscal year, which shall include the amount to be raised from ad valorem taxes and unencumbered fund balances estimated to be available at the close of the current fiscal year. The expenditure section shall set forth in comparative and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal year, the appropriations for the current fiscal year and the estimated expenditures for the ensuing fiscal year. The salary or salary range for each office, position or job classification shall be set forth separately together with the title or position designation thereof: PROVIDED, That salaries may be set out in total amounts under each department if a detailed schedule of such salaries and positions be attached to and made a part of the budget document. [1967 ex.s. c 119 § 35A.33.050.] 35A.33.060 Budget—Notice of hearing on final. Immediately following the filing of the preliminary budget with the clerk, the clerk shall publish a notice once each week for two consecutive weeks stating that the preliminary budget for the ensuing fiscal year has been filed with the clerk, that a copy thereof will be furnished to any taxpayer who will call at the clerk’s office therefor and that the legislative body of the city will meet on or before the first Monday of the month next preceding the beginning of the ensuing fiscal year for the purpose of fixing the final budget, designating the date, time and place of the legislative budget meeting and that any taxpayer may appear thereat and be heard for or against any part of the budget. The publication of the notice shall be made in the official newspaper of the city. [1985 c 469 § 43; 1973 c 67 § 1; 1967 ex.s. c 119 § 35A.33.060.] 35A.33.060 35A.33.070 Budget—Hearing. The council shall meet on the day fixed by RCW 35A.33.060 for the purpose of fixing the final budget of the city at the time and place designated in the notice thereof. Any taxpayer may appear and be heard for or against any part of the budget. The hearing may be continued from day to day but not later than the twentyfifth day prior to commencement of the city’s fiscal year. [1967 ex.s. c 119 § 35A.33.070.] 35A.33.070 35A.33.052 35A.33.052 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail, making any revisions or addition to the reports of the department heads deemed advisable by such chief administrative officer and at least sixty days before the beginning of the city’s next fiscal year he or she shall file it with the city clerk as the recommendation of the chief administrative officer for the final budget. The clerk shall provide a sufficient number of copies of such preliminary budget and budget message to meet the reasonable demands of taxpayers therefor and have them available for distribution not later than six weeks before the beginning of the city’s next fiscal year. [2009 c 549 § 3033; 1967 ex.s. c 119 § 35A.33.052.] 35A.33.055 35A.33.055 Budget message—Preliminary hearings. In every code city a budget message prepared by or under the direction of the city’s chief administrative officer shall be submitted as a part of the preliminary budget to the city’s legislative body at least sixty days before the beginning of the city’s next fiscal year and shall contain the following: (1) An explanation of the budget document; (2) An outline of the recommended financial policies and programs of the city for the ensuing fiscal year; (3) A statement of the relation of the recommended appropriation to such policies and programs; (4) A statement of the reason for salient changes from the previous year in appropriation and revenue items; (5) An explanation for any recommended major changes in financial policy. Prior to the final hearing on the budget, the legislative body or a committee thereof, shall schedule hearings on the budget or parts thereof, and may require the presence of department heads to give information regarding estimates and programs. [1967 ex.s. c 119 § 35A.33.055.] [Title 35A RCW—page 50] 35A.33.075 Budget adoption. Following conclusion of the hearing, and prior to the beginning of the fiscal year, the legislative body shall make such adjustments and changes as it deems necessary or proper and after determining the allowance in each item, department, classification and fund, and shall by ordinance, adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal year. Such ordinances may adopt the final budget by reference: PROVIDED, That the ordinance adopting such budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined. A complete copy of the final budget as adopted shall be transmitted to the state auditor, and to the association of Washington cities. [1995 c 301 § 53; 1969 ex.s. c 81 § 3; 1967 ex.s. c 119 § 35A.33.075.] 35A.33.075 Additional notes found at www.leg.wa.gov 35A.33.080 Emergency expenditures—Nondebatable emergencies. Upon the happening of any emergency caused by violence of nature, casualty, riot, insurrection, war, or other unanticipated occurrence requiring the immediate preservation of order or public health, or for the restoration to a condition of usefulness of any public property which has been damaged or destroyed by accident, or for public relief from calamity, or in settlement of approved claims for personal injuries or property damage, or to meet mandatory expenditures required by laws enacted since the last annual budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized or assumed after adoption of the current budget, including any expenses incident to selection of additional or new offi35A.33.080 (2010 Ed.) Budgets in Code Cities cials required thereby, or incident to employee recruitment at any time, the city council, upon the adoption of an ordinance, by the vote of one more than the majority of all members of the legislative body, stating the facts constituting the emergency and the estimated amount required to meet it, may make the expenditures therefor without notice or hearing. [1967 ex.s. c 119 § 35A.33.080.] 35A.33.090 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the annual budget, and if it is not one of the emergencies specifically enumerated in RCW 35A.33.080, the city council before allowing any expenditure therefor shall adopt an ordinance stating the facts constituting the emergency and the estimated amount required to meet it and declaring that an emergency exists. Such ordinance shall not be voted on until five days have elapsed after its introduction, and for passage shall require the vote of one more than the majority of all members of the legislative body of the code city. Any taxpayer may appear at the meeting at which the emergency ordinance is to be voted on and be heard for or again st the adoptio n ther eof. [1967 ex.s. c 11 9 § 35A.33.090.] 35A.33.090 35A.33.100 Emergency expenditures—Warrants— Payments. All expenditures for emergency purposes as provided in this chapter shall be paid by warrants from any available money in the fund properly chargeable with such expenditures. If, at any time, there is insufficient money on hand in a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest and be called in the same manner as other registered warrants as prescribed in RCW 35A.21.110. [1967 ex.s. c 119 § 35A.33.100.] 35A.33.100 35A.33.102 Registered warrants—Appropriations. In adopting the final budget for any fiscal year, the council shall appropriate from estimated revenue sources available, a sufficient amount to pay the principal and interest on all outstanding registered warrants issued since the adoption of the last preceding budget except those issued and identified as revenue warrants and except those for which an appropriation previously has been made: PROVIDED, That no portion of the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility or other special purpose fund of a self-supporting nature: PROVIDED FURTHER, That all or any portion of the city’s outstanding registered warrants may be funded into bonds in any manner authorized by law. [1967 ex.s. c 119 § 35A.33.102.] 35A.33.102 35A.33.105 Adjustment of wages, etc., of employees permissible budget notwithstanding. Notwithstanding the appropriations for any salary, or salary range of any employee or employees adopted in a final budget, the legislative body of any code city may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees if sufficient funds are available for 35A.33.105 (2010 Ed.) 35A.33.122 appropriation to such purposes. [1967 ex.s. c 119 § 35A.33.105.] 35A.33.110 Forms—Accounting—Supervision by state. The state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information. [1995 c 301 § 54; 1967 ex.s. c 119 § 35A.33.110.] 35A.33.110 35A.33.120 Funds—Limitations on expenditures— Transfers and adjustments. The expenditures as classified and itemized in the final budget shall constitute the city’s appropriations for the ensuing fiscal year. Unless otherwise ordered by a court of competent jurisdiction, and subject to further limitations imposed by ordinance of the code city, the expenditure of city funds or the incurring of current liabilities on behalf of the city shall be limited to the following: (1) The total amount appropriated for each fund in the budget for the current fiscal year, without regard to the individual items contained therein, except that this limitation shall not apply to wage adjustments authorized by RCW 35A.33.105; and (2) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal years pursuant to RCW 35A.33.150; and (3) Funds received from the sale of bonds or warrants which have been duly authorized according to law; and (4) Funds received in excess of estimated revenues during the current fiscal year, when authorized by an ordinance amending the original budget; and (5) Expenditures required for emergencies, as authorized in RCW 35A.33.080 and 35A.33.090. Transfers between individual appropriations within any one fund may be made during the current fiscal year by order of the city’s chief administrative officer subject to such regulations, if any, as may be imposed by the city council. Notwithstanding the provisions of RCW 43.09.210 or of any statute to the contrary, transfers, as herein authorized, may be made within the same fund regardless of the various offices, departments or divisions of the city which may be affected. The city council, upon a finding that it is to the best interests of the code city to decrease, revoke or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance, approved by the vote of one more than the majority of all members thereof, stating the facts and findings for doing so, decrease, revoke or recall all or any portion of an unexpended fund balance, and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys thus released may be reappropriated for another purpose or purposes, without limitation to department, division or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance. [1967 ex.s. c 119 § 35A.33.120.] 35A.33.120 35A.33.122 Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized. Whenever any code city apportions a percentage of the city manager’s, administrator’s, or supervisor’s time, or the time of other management or general government 35A.33.122 [Title 35A RCW—page 51] 35A.33.125 Title 35A RCW: Optional Municipal Code staff, for administration, oversight, or supervision of a utility operated by the city, or to provide services to the utility, the utility budget may identify such services and budget for reimbursement of the city’s current expense fund for the value of such services. [1991 c 152 § 3.] 35A.33.125 Limitation on expenditures—Void. Liabilities incurred by any officer or employee of the city in excess of any budget appropriations shall not be a liability of the city. The clerk shall issue no warrant and the city council or other authorized person shall approve no claim for an expenditure in excess of the total amount appropriated for any individual fund, except upon an order of a court of competent jurisdiction or for emergencies as provided in this chapter. [1969 ex.s. c 81 § 4; 1967 ex.s. c 119 § 35A.33.125.] 35A.33.125 Additional notes found at www.leg.wa.gov 35A.33.130 Funds received from sales of bonds and warrants—Expenditures. Moneys received from the sale of bonds or warrants shall be used for no other purpose than that for which they were issued and no expenditure shall be made for that purpose until the bonds have been duly authorized. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued it shall be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be financed from a bond issue to be authorized thereafter, no such expenditure shall be made or incurred until after the bonds have been duly authorized. [1967 ex.s. c 119 § 35A.33.130.] 35A.33.130 35A.33.145 Contingency fund—Creation. Every code city may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies described in RCW 35A.33.080 and 35A.33.090. Such fund may be supported by a budget appropriation from any tax or other revenue source not restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as set forth in RCW 35A.33.120: PROVIDED, That the total amount accumulated in such fund at any time shall not exceed the equivalent of thirty-seven and one-half cents per thousand dollars of assessed valuation of property within the city at such time. Any moneys in the contingency fund at the end of the fiscal year shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget. [1973 1st ex.s. c 195 § 28; 1967 ex.s. c 119 § 35A.33.145.] 35A.33.145 Additional notes found at www.leg.wa.gov 35A.33.146 Contingency fund—Withdrawals. No money shall be withdrawn from the contingency fund except by transfer to the appropriate operating fund authorized by a resolution or ordinance of the council, adopted by a vote of the majority of the entire council, clearly stating the facts constituting the reason for the withdrawal or the emergency as the case may be, specifying the fund to which the withdrawn money shall be transferred. [1967 ex.s. c 119 § 35A.33.146.] 35A.33.146 35A.33.150 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end of each fiscal year: PROVIDED, That this shall not prevent payments in the following year upon uncompleted programs or improvements in progress or on orders subsequently filled or claims subsequently billed for the purchase of material, equipment and supplies or for personal or contractual services not completed or furnished by the end of the fiscal year, all of which have been properly budgeted and contracted for prior to the close of such fiscal year but furnished or completed in due course thereafter. All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve funds lawfully established in specific or general terms for any municipal purpose or purposes, or a contingency fund as authorized by RCW 35A.33.145, shall not lapse, but shall be carried forward from year to year until fully expended or the purpose has been accomplished or abandoned, without necessity of reappropriation. The accounts for budgetary control for each fiscal year shall be kept open for twenty days after the close of such fiscal year for the purpose of paying and recording claims for indebtedness incurred during such fiscal year; any claim presented after the twentieth day following the close of the fiscal year shall be paid from appropriations lawfully provided for the ensuing period, including those made available by provisions of this section, and shall be recorded in the accounts for the ensuing fiscal year. [1967 ex.s. c 119 § 35A.33.150.] 35A.33.150 35A.33.135 Levy for ad valorem tax. At a time fixed by the city’s ordinance or charter, not later than the first Monday in October of each year, the chief administrative officer shall provide the city’s legislative body with current information on estimates of revenues from all sources as adopted in the budget for the current year, together with estimates submitted by the clerk under RCW 35A.33.050. The city’s legislative body and the city’s administrative officer or his or her designated representative shall consider the city’s total anticipated financial requirements for the ensuing fiscal year, and the legislative body shall determine and fix by ordinance the amount to be raised by ad valorem taxes. Upon adoption of the ordinance fixing the amount of ad valorem taxes to be levied, the clerk shall certify the same to the board of county commissioners as required by RCW 84.52.020. [2009 c 549 § 3034; 1967 ex.s. c 119 § 35A.33.135.] 35A.33.135 35A.33.140 Funds—Quarterly report of status. At such intervals as may be required by city charter or ordinance, however, being not less than quarterly, the clerk shall submit to the city’s legislative body and chief administrative officer a report showing the expenditures and liabilities against each separate budget appropriation incurred during the preceding reporting period and like information for the whole of the current fiscal year to the first day of the current reporting period together with the unexpended balance of each appropriation. The report shall also show the receipts from all sources. [1967 ex.s. c 119 § 35A.33.140.] 35A.33.140 [Title 35A RCW—page 52] (2010 Ed.) Biennial Budgets 35A.33.160 Violations and penalties. Upon the conviction of any city official, department head or other city employee of knowingly failing, or refusing, without just cause, to perform any duty imposed upon such officer or employee by this chapter, or city ordinance or charter, in connection with the giving of notice, the preparing and filing of estimates of revenues or expenditures or other information required for preparing a budget report in the time and manner required, or of knowingly making expenditures in excess of budget appropriations, he or she shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars for each separate violation. [2009 c 549 § 3035; 1967 ex.s. c 119 § 35A.33.160.] 35A.33.160 Chapter 35A.34 Chapter 35A.34 RCW BIENNIAL BUDGETS Sections 35A.34.010 35A.34.020 35A.34.030 35A.34.040 35A.34.050 35A.34.060 35A.34.070 35A.34.080 35A.34.090 35A.34.100 35A.34.110 35A.34.120 35A.34.130 35A.34.140 35A.34.150 35A.34.160 35A.34.170 35A.34.180 35A.34.190 35A.34.200 35A.34.205 35A.34.210 35A.34.220 35A.34.230 35A.34.240 35A.34.250 35A.34.260 35A.34.270 35A.34.280 Legislative intent. Application of chapter. Definitions. Biennial budget authorized—Limitations. Budget estimates—Submittal. Budget estimates—Classification and segregation. Proposed preliminary budget. Preliminary budget. Budget message—Hearings. Budget—Notice of hearing. Budget—Hearing. Budget—Adoption. Budget—Mid-biennial review and modification. Emergency expenditures—Nondebatable emergencies. Emergency expenditures—Other emergencies—Hearing. Emergency expenditures—Warrants—Payment. Registered warrants—Payment. Adjustment of wages, hours and conditions of employment. Forms—Accounting—Supervision by state. Funds—Limitations on expenditures—Transfers and adjustments. Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized. Liabilities incurred in excess of budget. Funds received from sales of bonds and warrants—Expenditures. Revenue estimates—Amount to be raised by ad valorem taxes. Funds—Quarterly report of status. Contingency fund—Creation. Contingency fund—Withdrawals. Unexpended appropriations. Violations and penalties. 35A.34.050 (3) "Legislative body" includes the council, commission, or any other group of officials serving as the legislative body of a code city. (4) "Chief administrative officer" includes the mayor of cities having a mayor-council plan of government, the commissioners in cities having a commission plan of government, the manager, or any other city official designated by the charter or ordinances of such city under the plan of government governing the same, or the budget or finance officer designated by the mayor, manager, or commissioners, to perform the functions, or portions thereof, contemplated by this chapter. (5) "Fiscal biennium" means the period from January 1 of each odd-numbered year through December 31 of the next succeeding even-numbered year. (6) "Fund" and "funds" where clearly used to indicate the plural of "fund" means the budgeting or accounting entity authorized to provide a sum of money for specified activities or purposes. (7) "Funds" where not used to indicate the plural of "fund" means money in hand or available for expenditure or payment of a debt or obligation. (8) Except as otherwise defined in this chapter, municipal accounting terms used in this chapter have the meaning prescribed by the state auditor pursuant to RCW 43.09.200. [1985 c 175 § 35.] "Fiscal biennium" defined: RCW 1.16.020. 35A.34.040 Biennial budget authorized—Limitations. All code cities are authorized to establish by ordinance a two-year fiscal biennium budget. The ordinance shall be enacted at least six months prior to commencement of the fiscal biennium and this chapter applies to all code cities which utilize a fiscal biennium budget. Code cities which establish a fiscal biennium budget are authorized to repeal such ordinance and provide for reversion to a fiscal year budget. The ordinance may only be repealed effective as of the conclusion of a fiscal biennium. However, the city shall comply with chapter 35A.33 RCW in developing and adopting the budget for the first fiscal year following repeal of the ordinance. [1985 c 175 § 36.] 35A.34.040 35A.34.050 Budget estimates—Submittal. On or before the second Monday of the fourth month prior to the beginning of the city’s next fiscal biennium, or at such other time as the city may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a city to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by the department for the ensuing fiscal biennium. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by the state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of the clerk’s office. The chief administrative officers of the city shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants 35A.34.050 35A.34.010 Legislative intent. 35A.34.010 See RCW 35.34.010. 35A.34.020 Application of chapter. This chapter applies to all code cities which have by ordinance adopted this chapter authorizing the adoption of a fiscal biennium budget. [1985 c 175 § 34.] 35A.34.020 35A.34.030 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter. (1) "Clerk" includes the officer performing the functions of a finance or budget director, comptroller, auditor, or by whatever title the officer may be known in any code city. (2) "Department" includes each office, division, service, system, or institution of the city for which no other statutory or charter provision is made for budgeting and accounting procedures or controls. 35A.34.030 (2010 Ed.) [Title 35A RCW—page 53] 35A.34.060 Title 35A RCW: Optional Municipal Code not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties required by this section shall devolve upon the person next in charge of such department. [1995 c 301 § 55; 1985 c 175 § 37.] 35A.34.060 Budget estimates—Classification and segregation. All estimates of receipts and expenditures for the ensuing fiscal biennium shall be fully detailed in the biennial budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers. [1995 c 301 § 56; 1985 c 175 § 38.] 35A.34.060 35A.34.070 Proposed preliminary budget. On or before the first business day in the third month prior to the beginning of the biennium of a city or at such other time as the city may provide by ordinance or charter, the clerk or other person designated by the charter, by ordinances, or by the chief administrative officer of the city shall submit to the chief administrative officer a proposed preliminary budget which shall set forth the complete financial program of the city for the ensuing fiscal biennium, showing the expenditure program requested by each department and the sources of revenue by which each such program is proposed to be financed. The revenue section shall set forth in comparative and tabular form for each fund the actual receipts for the last completed fiscal biennium, the estimated receipts for the current fiscal biennium, and the estimated receipts for the ensuing fiscal biennium, which shall include the amount to be raised from ad valorem taxes and unencumbered fund balances estimated to be available at the close of the current fiscal biennium. However, if the city was not utilizing a fiscal biennium budget for the previous three years, it shall set forth its fiscal years’ revenues to reflect actual and estimated receipts as if it had previously utilized a biennial budgetary process. The expenditure section shall set forth in comparative and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal biennium, the appropriations for the current fiscal biennium, and the estimated expenditures for the ensuing fiscal biennium. However, if the city was not utilizing a fiscal biennium budget for the previous three years, it shall set forth its fiscal years’ expenditures to reflect actual and estimated levels as if it had previously utilized a biennial budgetary process. The expenditure section shall further set forth separately the salary or salary range for each office, position, or job classification together with the title or position designation thereof. However, salaries may be set out in total amounts under each department if a detailed schedule of such salaries and positions be attached and made a part of the budget document. [1985 c 175 § 39.] 35A.34.070 35A.34.080 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail, making any revisions or additions to the reports of the depart35A.34.080 [Title 35A RCW—page 54] ment heads deemed advisable by such chief administrative officer. At least sixty days before the beginning of the city’s next fiscal biennium the chief administrative officer shall file it with the clerk as the recommendation of the chief administrative officer for the final budget. The clerk shall provide a sufficient number of copies of such preliminary budget and budget message to meet the reasonable demands of taxpayers therefor and have them available for distribution not later than six weeks before the beginning of the city’s next fiscal biennium. [1985 c 175 § 40.] 35A.34.090 Budget message—Hearings. (1) In every city, a budget message prepared by or under the direction of the city’s chief administrative officer shall be submitted as a part of the preliminary budget to the city’s legislative body at least sixty days before the beginning of the city’s next fiscal biennium and shall contain the following: (a) An explanation of the budget document; (b) An outline of the recommended financial policies and programs of the city for the ensuing fiscal biennium; (c) A statement of the relation of the recommended appropriation to such policies and programs; (d) A statement of the reason for salient changes from the previous biennium in appropriation and revenue items; and (e) An explanation for any recommended major changes in financial policy. (2) Prior to the final hearing on the budget, the legislative body or a committee thereof shall schedule hearings on the budget or parts thereof, and may require the presence of department heads to give information regarding estimates and programs. [1985 c 175 § 41.] 35A.34.090 35A.34.100 Budget—Notice of hearing. Immediately following the filing of the preliminary budget with the clerk, the clerk shall publish a notice once a week for two consecutive weeks stating that the preliminary budget for the ensuing fiscal biennium has been filed with the clerk, that a copy thereof will be made available to any taxpayer who will call at the clerk’s office therefor, that the legislative body of the city will meet on or before the first Monday of the month next preceding the beginning of the ensuing fiscal biennium for the purpose of fixing the final budget, designating the date, time, and place of the legislative budget meeting, and that any taxpayer may appear thereat and be heard for or against any part of the budget. The publication of the notice shall be made in the official newspaper of the city if there is one, otherwise in a newspaper of general circulation in the city. If there is no newspaper of general circulation in the city, then notice may be made by posting in three public places fixed by ordinance as the official places for posting the city’s official notices. [1985 c 175 § 42.] 35A.34.100 35A.34.110 Budget—Hearing. The legislative body shall meet on the day fixed by RCW 35A.34.100 for the purpose of fixing the final budget of the city at the time and place designated in the notice thereof. Any taxpayer may appear and be heard for or against any part of the budget. The hearing may be continued from day to day but not later than the 35A.34.110 (2010 Ed.) Biennial Budgets twenty-fifth day prior to commencement of the city’s fiscal biennium. [1985 c 175 § 43.] 35A.34.120 Budget—Adoption. Following conclusion of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and changes as it deems necessary or proper and, after determining the allowance in each item, department, classification, and fund, shall by ordinance adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by reference. However, the ordinance adopting the budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined. A complete copy of the final budget as adopted shall be transmitted to the state auditor and to the association of Washington cities. [1995 c 301 § 57; 1985 c 175 § 44.] 35A.34.120 35A.34.130 Budget—Mid-biennial review and modification. The legislative authority of a city having adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the biennial budget. The ordinance shall provide that such review and modification shall occur no sooner than eight months after the start nor later than conclusion of the first year of the fiscal biennium. The chief administrative officer shall prepare the proposed budget modification and shall provide for publication of notice of hearings consistent with publication of notices for adoption of other city ordinances. City ordinances providing for a mid-biennium review and modification shall establish procedures for distribution of the proposed modification to members of the city legislative authority, procedures for making copies available to the public, and shall provide for public hearings on the proposed budget modification. The budget modification shall be by ordinance approved in the same manner as are other ordinances of the city. A complete copy of the budget modification as adopted shall be transmitted to the state auditor and to the association of Washington cities. [1995 c 301 § 58; 1985 c 175 § 45.] 35A.34.190 all members of the legislative body, stating the facts constituting the emergency and the estimated amount required to meet it, may make the expenditures therefor without notice or hearing. [1985 c 175 § 46.] 35A.34.150 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the budget, and if it is not one of the emergencies specifically enumerated in RCW 35A.34.140, the city legislative body before allowing any expenditure therefor shall adopt an ordinance stating the facts constituting the emergency and the estimated amount required to meet it and declaring that an emergency exists. The ordinance shall not be voted on until five days have elapsed after its introduction, and for passage shall require the vote of one more than the majority of all members of the legislative body of the city. Any taxpayer may appear at the meeting at which the emergency ordinance is to be voted on and be heard for or against the adoption thereof. [1985 c 175 § 47.] 35A.34.150 35A.34.130 35A.34.140 Emergency expenditures—Nondebatable emergencies. Upon the happening of any emergency caused by violence of nature, casualty, riot, insurrection, war, or other unanticipated occurrence requiring the immediate preservation of order or public health, or for the property which has been damaged or destroyed by accident, or for public relief from calamity, or in settlement of approved claims for personal injuries or property damages, or to meet mandatory expenditures required by law enacted since the last budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized or assumed after adoption of the current budget, including any expenses incident to selection of additional or new officials required thereby, or incident to employee recruitment at any time, the city legislative body, upon the adoption of an ordinance, by the vote of one more than the majority of 35A.34.140 (2010 Ed.) 35A.34.160 Emergency expenditures—Warrants— Payment. All expenditures for emergency purposes as provided in this chapter shall be paid by warrants from any available money in the fund properly chargeable with such expenditures. If, at any time, there is insufficient money on hand in a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest, and be called in the same manner as other registered warrants as prescribed in RCW 35A.21.110. [1985 c 175 § 48.] 35A.34.160 35A.34.170 Registered warrants—Payment. In adopting the final budget for any fiscal biennium, the legislative body shall appropriate from estimated revenue sources available, a sufficient amount to pay the principal and interest on all outstanding registered warrants issued since the adoption of the last preceding budget except those issued and identified as revenue warrants and except those for which an appropriation previously has been made. However, no portion of the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility or other special purpose fund of a self-supporting nature. In addition, all or any portion of the city’s outstanding registered warrants may be funded into bonds in any manner authorized by law. [1985 c 175 § 49.] 35A.34.170 35A.34.180 Adjustment of wages, hours and conditions of employment. Notwithstanding the appropriations for any salary or salary range of any employee or employees adopted in a final budget, the legislative body of any city may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees if sufficient funds are available for appropriation to such purposes. [1985 c 175 § 50.] 35A.34.180 35A.34.190 Forms—Accounting—Supervision by state. The state auditor is empowered to make and install the forms and classifications required by this chapter to define 35A.34.190 [Title 35A RCW—page 55] 35A.34.200 Title 35A RCW: Optional Municipal Code what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information. [1995 c 301 § 59; 1985 c 175 § 51.] 35A.34.200 Funds—Limitations on expenditures— Transfers and adjustments. (1) The expenditures as classified and itemized in the final budget shall constitute the city’s appropriations for the ensuing fiscal biennium. Unless otherwise ordered by a court of competent jurisdiction, and subject to further limitations imposed by ordinance of the city, the expenditure of city funds or the incurring of current liabilities on behalf of the city shall be limited to the following: (a) The total amount appropriated for each fund in the budget for the current fiscal biennium, without regard to the individual items contained therein, except that this limitation does not apply to wage adjustments authorized by RCW 35A.34.180; (b) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal periods pursuant to RCW 35A.34.270; (c) Funds received from the sale of bonds or warrants which have been duly authorized according to law; (d) Funds received in excess of estimated revenues during the current fiscal biennium, when authorized by an ordinance amending the original budget; and (e) Expenditures authorized by budget modification as provided by RCW 35A.34.130 and those required for emergencies, as authorized by RCW 35A.34.140 and 35A.34.150. (2) Transfers between individual appropriations within any one fund may be made during the current fiscal biennium by order of the city’s chief administrative officer subject to such regulations, if any, as may be imposed by the city legislative body. Notwithstanding the provisions of RCW 43.09.210 or of any statute to the contrary, transfers, as authorized in this section, may be made within the same fund regardless of the various offices, departments, or divisions of the city which may be affected. (3) The city legislative body, upon a finding that it is to the best interests of the city to decrease, revoke, or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance, approved by the vote of one more than the majority of all members thereof, stating the facts and findings for doing so, decrease, revoke, or recall all or any portion of an unexpended fund balance, and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys thus released may be reappropriated for another purpose or purposes, without limitation to department, division, or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance. [1985 c 175 § 52.] 35A.34.200 35A.34.205 Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized. Whenever any code city apportions a percentage of the city manager’s, administrator’s, or supervisor’s time, or the time of other management or general government staff, for administration, oversight, or supervision of a utility operated by the city, or to provide services to the utility, the utility budget may identify such services and budget for reim35A.34.205 [Title 35A RCW—page 56] bursement of the city’s current expense fund for the value of such services. [1991 c 152 § 4.] 35A.34.210 Liabilities incurred in excess of budget. Liabilities incurred by any officer or employee of the city in excess of any budget appropriations shall not be a liability of the city. The clerk shall issue no warrant and the city legislative body or other authorized person shall approve no claim for an expenditure in excess of the total amount appropriated for any individual fund, except upon an order of a court of competent jurisdiction or for emergencies as provided in this chapter. [1985 c 175 § 53.] 35A.34.210 35A.34.220 Funds received from sales of bonds and warrants—Expenditures. Moneys received from the sale of bonds or warrants shall be used for no other purpose than that for which they were issued and no expenditure shall be made for that purpose until the bonds have been duly authorized. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued, it shall be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be financed from a bond issue to be authorized thereafter, no such expenditure shall be made or incurred until after the bonds have been duly authorized. [1985 c 175 § 54.] 35A.34.220 35A.34.230 Revenue estimates—Amount to be raised by ad valorem taxes. At a time fixed by the city’s ordinance or city charter, not later than the first Monday in October of the second year of each fiscal biennium, the chief administrative officer shall provide the city’s legislative body with current information on estimates of revenues from all sources as adopted in the budget for the current biennium, together with estimates submitted by the clerk under RCW 35A.34.070. The city’s legislative body and the city’s administrative officer or the officer’s designated representative shall consider the city’s total anticipated financial requirements for the ensuing fiscal biennium, and the legislative body shall determine and fix by ordinance the amount to be raised the first year of the biennium by ad valorem taxes. The legislative body shall review such information as is provided by the chief administrative officer and shall adopt an ordinance establishing the amount to be raised by ad valorem taxes during the second year of the biennium. Upon adoption of the ordinance fixing the amount of ad valorem taxes to be levied, the clerk shall certify the same to the county legislative authority as required by RCW 84.52.020. [1985 c 175 § 55.] 35A.34.230 35A.34.240 Funds—Quarterly report of status. At such intervals as may be required by city charter or city ordinance, however, being not less than quarterly, the clerk shall submit to the city’s legislative body and chief administrative officer a report showing the expenditures and liabilities against each separate budget appropriation incurred during the preceding reporting period and like information for the whole of the current fiscal biennium to the first day of the current reporting period together with the unexpended balance of each appropriation. The report shall also show the receipts from all sources. [1985 c 175 § 56.] 35A.34.240 (2010 Ed.) Intergovernmental Relations 35A.34.250 Contingency fund—Creation. Every city may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies described in RCW 35A.34.140 and 35A.34.150. Such fund may be supported by a budget appropriation from any tax or other revenue source not restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as set forth in RCW 35A.34.200. However, the total amount accumulated in such fund at any time shall not exceed the equivalent of thirty-seven and one-half cents per thousand dollars of assessed valuation of property within the city at such time. Any moneys in the emergency fund at the end of the fiscal biennium shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget. [1985 c 175 § 57.] 35A.34.250 35A.34.260 Contingency fund—Withdrawals. No money shall be withdrawn from the contingency fund except by transfer to the appropriate operating fund authorized by a resolution or ordinance of the legislative body of the city, adopted by a majority vote of the entire legislative body, clearly stating the facts constituting the reason for the withdrawal or the emergency as the case may be, specifying the fund to which the withdrawn money shall be transferred. [1985 c 175 § 58.] 35A.36.010 35A.34.280 Violations and penalties. Upon the conviction of any city official, department head, or other city employee of knowingly failing, or refusing, without just cause, to perform any duty imposed upon such officer or employee by this chapter, or city charter or city ordinance, in connection with the giving of notice, the preparing and filing of estimates of revenues or expenditures or other information required for preparing a budget report in the time and manner required, or of knowingly making expenditures in excess of budget appropriations, the official or employee shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars for each separate violation. [1985 c 175 § 60.] 35A.34.280 Chapter 35A.35 Chapter 35A.35 RCW INTERGOVERNMENTAL RELATIONS Sections 35A.35.010 Joint facilities and agreements. 35A.35.020 Demonstration Cities and Metropolitan Development Act— Authority to contract with federal government. 35A.34.260 35A.34.270 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end of each fiscal biennium. However, this shall not prevent payments in the following biennium upon uncompleted programs or improvements in progress or on orders subsequently filled or claims subsequently billed for the purchase of material, equipment, and supplies or for personal or contractual services not completed or furnished by the end of the fiscal biennium, all of which have been properly budgeted and contracted for prior to the close of such fiscal biennium, but furnished or completed in due course thereafter. All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve funds lawfully established in specific or general terms for any municipal purpose or purposes, or a contingency fund as authorized by RCW 35A.34.250, shall not lapse, but shall be carried forward from biennium to biennium until fully expended or the purpose has been accomplished or abandoned, without necessity of reappropriation. The accounts for budgetary control for each fiscal biennium shall be kept open for twenty days after the close of such fiscal biennium for the purpose of paying and recording claims for indebtedness incurred during such fiscal biennium; any claim presented after the twentieth day following the close of the fiscal biennium shall be paid from appropriations lawfully provided for the ensuing period, including those made available by provisions of this section, and shall be recorded in the accounts for the ensuing fiscal biennium. [1985 c 175 § 59.] 35A.34.270 (2010 Ed.) 35A.35.010 Joint facilities and agreements. In addition to exercising all authority granted to cities of any class for joint or intergovernmental cooperation and activity and agreements for the acquisition, ownership, leasing, control, improvement, occupation and use of land or other property with a county, another city, or governmental agency, and in addition to authority granted to code cities by RCW 35A.11.040, every code city may exercise the powers relating to jails, places of detention, civic centers, civic halls and armories as is authorized by chapters 36.64 and 38.20 RCW. [1967 ex.s. c 119 § 35A.35.010.] 35A.35.010 35A.35.020 Demonstration Cities and Metropolitan Development Act—Authority to contract with federal government. See RCW 35.21.660. 35A.35.020 Chapter 35A.36 Chapter 35A.36 RCW EXECUTION OF BONDS BY PROXY IN CODE CITIES Sections 35A.36.010 35A.36.020 35A.36.030 35A.36.040 35A.36.050 35A.36.060 35A.36.070 Appointment of proxies. Coupons—Printing facsimile signatures. Deputies—Exemptions. Designation of bonds to be signed. Liability of officer. Notice to council. Revocation of proxy. 35A.36.010 Appointment of proxies. The mayor, finance officer, city clerk, or other officer of a code city who is authorized or required by law, charter, or ordinance to execute bonds of the city or any subdivision or district thereof may designate one or more bonded persons to affix such officer’s signature to any bond or bonds requiring his or her signature. If the signature of one of these officers is affixed to a bond during his or her continuance in office by a proxy designated by him or her whose authority has not been revoked, the bond shall be as binding upon the city and all concerned as though the officer had signed the bond in person. This chapter shall apply to all bonds, whether they con35A.36.010 [Title 35A RCW—page 57] 35A.36.020 Title 35A RCW: Optional Municipal Code stitute obligations of the city as a whole or of any local improvement or other district or subdivision thereof, whether they call for payment from the general funds of the city or from a local, special or other fund, and whether negotiable or otherwise. [2009 c 549 § 3036; 1967 ex.s. c 119 § 35A.36.010.] 35A.36.020 Coupons—Printing facsimile signatures. A facsimile reproduction of the signature of any of the code city officers referred to in RCW 35A.36.010 may be printed, engraved, or lithographed upon bond coupons with the same effect as though the particular officer had signed the coupon in person. [1967 ex.s. c 119 § 35A.36.020.] 35A.36.020 notice, the prior dated bonds must be specifically described by reasonable reference thereto. The notice designating a proxy shall be filed with the city finance officer or city clerk, together with the specimen signatures attached thereto and a record of the filing shall be made in the journal of the legislative body. This record shall note the date and hour of filing and may be made by the official who keeps the journal at any time after the filing of the notice, even during a period of recess or adjournment of the legislative body. The notice shall be effective from the time of its recording. [2009 c 549 § 3038; 1967 ex.s. c 119 § 35A.36.060.] 35A.36.070 Revocation of proxy. Any designation of a proxy may be revoked by written notice addressed to the legislative body of the code city signed by the officer who made the designation and filed and recorded in the same manner as the notice of designation. It shall be effective from the time of its recording but shall not affect the validity of any sign a tu re s the r e to fo re mad e. [ 19 67 e x .s. c 1 19 § 35A.36.070.] 35A.36.070 35A.36.030 Deputies—Exemptions. This chapter shall not be construed to require the appointment of deputy finance officers or deputy city clerks of code cities to be made in accordance with this chapter insofar as concerns signatures or other acts which may lawfully be made or done by such deputy officer under the provisions of any other law. [1967 ex.s. c 119 § 35A.36.030.] 35A.36.030 35A.36.040 Designation of bonds to be signed. (1) The officer of a code city whose duty it is to cause any bonds to be printed, engraved, or lithographed, shall specify in a written order or requisition to the printer, engraver, or lithographer the number of bonds to be printed, engraved or lithographed and the manner of numbering them. (2) Every printer, engraver, or lithographer who knowingly prints, engraves, or lithographs a greater number of bonds than that specified or who knowingly prints, engraves, or lithographs more than one bond bearing the same number is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 200; 1967 ex.s. c 119 § 35A.36.040.] 35A.36.040 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 35A.36.050 Liability of officer. A code city officer authorizing the affixing of his or her signature to a bond by a proxy shall be subject to the same liability personally and on his or her bond for any signature so affixed and to the same extent as if he or she had affixed his or her signature in person. [2009 c 549 § 3037; 1967 ex.s. c 119 § 35A.36.050.] 35A.36.050 35A.36.060 Notice to council. In order to designate a proxy to affix his or her signature to bonds, a code city officer shall address a written notice to the legislative body of the city giving the name of the person whom he or she has selected therefor and stating generally or specifically what bonds are to be so signed. Attached to or included in the notice shall be a written signature of the officer making the designation executed by the proposed proxy followed by the word "by" and his or her own signature; or, if the notice so states, the specimen signatures may consist of a facsimile reproduction of the officer’s signature impressed by some mechanical process followed by the word "by" and the proxy’s own signature. If the authority is intended to include the signature upon bonds bearing an earlier date than the effective date of the 35A.36.060 [Title 35A RCW—page 58] Chapter 35A.37 Chapter 35A.37 RCW FUNDS, SPECIAL PURPOSE Sections 35A.37.010 Segregating and accounting. 35A.37.010 Segregating and accounting. Code cities shall establish such funds for the segregation, budgeting, expenditure and accounting for moneys received for special purposes as are required by general law applicable to such cities’ activities and the officers thereof shall pay into, expend from, and account for such moneys in the manner provided therefor including but not limited to the requirements of the following: (1) Accounting funds as required by RCW 35.37.010; (2) Annexation and consolidation fund as required by chapters 35.10 and 35.13 RCW; (3) Assessment fund as required by RCW 8.12.480; (4) Equipment rental fund as authorized by RCW 35.21.088; (5) Current expense fund as required by RCW 35.37.010, usually referred to as the general fund; (6) Local improvement guaranty fund as required by RCW 35.54.010; (7) An indebtedness and sinking fund, together with separate funds for utilities and institutions as required by RCW 35.37.020; (8) Local improvement district fund and revolving fund as required by RCW 35.45.130 and 35.48.010; (9) City street fund as required by chapter 35.76 RCW and RCW 47.24.040; (10) *Firemen’s relief and pension fund as required by chapters 41.16 and 41.18 RCW; (11) Policemen’s relief and pension fund as required by RCW 41.20.130 and 63.32.030; (12) First-class cities’ employees retirement and pension system as authorized by chapter 41.28 RCW; 35A.37.010 (2010 Ed.) Emergency Services (13) Applicable rules of the state auditor. [1995 c 301 § 60; 1983 c 3 § 62; 1967 ex.s. c 119 § 35A.37.010.] *Reviser’s note: The "firemen’s relief and pension fund" was changed to the "firefighters’ relief and pension fund" by 2007 c 218 § 37. Chapter 35A.38 RCW EMERGENCY SERVICES Chapter 35A.38 Sections 35A.38.010 Local organization. 35A.40.050 payment of bonds therefor, the validation of preexisting obligations by the voters of a consolidated city, debt limitations, elections for authorization of the incurring of indebtedness, and provisions pertaining to the issuance, sale, funding and redemption of general obligation bonds and remedies for nonpayment thereof are governed and controlled by the general law as contained in, but not limited to chapters 35.37, 39.40, 39.46, 39.52, 39.56, and 43.80 RCW, and are hereby recognized as applicable to code cities. [1984 c 186 § 24; 1967 ex.s. c 119 § 35A.40.010.] Purpose—1984 c 186: See note following RCW 39.46.110. 35A.38.010 Local organization. A code city may participate in the creation of local organizations for emergency services, provide for mutual aid, and exercise all of the powers and privileges and perform all of the functions and duties, and the officers and employees thereof shall have the same powers, duties, rights, privileges and immunities as any city of any class, and the employees thereof, have in connection with emergency services as provided in chapter 38.52 RCW in the manner provided by said chapters or by general law. [1974 ex.s. c 171 § 2; 1967 ex.s. c 119 § 35A.38.010.] 35A.38.010 Chapter 35A.39 Chapter 35A.39 RCW PUBLIC DOCUMENTS AND RECORDS Sections 35A.40.020 Payment of claims and obligations by warrant or check. A code city, by ordinance, may adopt a policy for the payment of claims or other obligations of the city, which are payable out of solvent funds, electing either to pay such obligations by warrant, or to pay such obligations by check: PROVIDED, That no check shall be issued when the applicable fund is not solvent at the time payment is ordered, but a warrant shall be issued therefor. When checks are to be used, the legislative body shall designate the qualified public depositary whereon such checks are to be drawn, and the officers authorized or required to sign such checks. Wherever in this title, reference is made to warrants, such term shall include checks where authorized by this section. [1984 c 177 § 5; 1967 ex.s. c 119 § 35A.40.020.] 35A.40.020 35A.39.010 Legislative and administrative records. 35A.40.030 Fiscal—Depositaries. The legislative body of a code city, at the end of each fiscal year, or at such other times as the legislative body may direct, shall designate one or more financial institutions which are qualified public depositaries as set forth by the public deposit protection commission as depositary or depositaries of the moneys required to be kept by the code city treasurer or other officer performing the duties commonly performed by the treasurer of a code city: PROVIDED, That where any bank has been designated as a depositary hereunder such designation shall continue in force until revoked by a majority vote of the legislative body of such code city. The provisions relating to depositaries, contained in chapter 39.58 RCW, as now or hereafter amended, are hereby recognized as applicable to code cities and to the depositaries designated by them. [1984 c 177 § 6; 1973 c 126 § 4; 1967 ex.s. c 119 § 35A.40.030.] 35A.40.030 35A.39.010 Legislative and administrative records. Every code city shall keep a journal of minutes of its legislative meetings with orders, resolutions and ordinances passed, and records of the proceedings of any city department, division or commission performing quasi judicial functions as required by ordinances of the city and general laws of the state and shall keep such records open to the public as required by RCW 42.32.030 and shall keep and preserve all public records and publications or reproduce and destroy the same as provided by Title 40 RCW. Each code city may duplicate and sell copies of its ordinances at fees reasonably calculated to defray the cost of such duplication and handling. [1995 c 21 § 2; 1967 ex.s. c 119 § 35A.39.010.] 35A.39.010 Chapter 35A.40 Chapter 35A.40 RCW FISCAL PROVISIONS APPLICABLE TO CODE CITIES Sections 35A.40.010 35A.40.020 35A.40.030 35A.40.050 35A.40.060 35A.40.070 35A.40.080 35A.40.090 35A.40.100 35A.40.110 35A.40.200 35A.40.210 Accounting—Funds—Indebtedness—Bonds. Payment of claims and obligations by warrant or check. Fiscal—Depositaries. Fiscal—Investment of funds. Fiscal—Validation and funding of debts. Fiscal—Municipal Revenue Bond Act. Bonds—Form, terms, and maturity. Indebtedness. Bankruptcy, readjustment and relief from debts. Employee checks, drafts, warrants—City may cash. General law relating to public works and contracts. Public work or improvement—Procedures—Purchases. 35A.40.010 Accounting—Funds—Indebtedness— Bonds. Municipal accounts and funds, the contracting of indebtedness for municipal purposes and the issuance and 35A.40.010 (2010 Ed.) 35A.40.050 Fiscal—Investment of funds. Excess and inactive funds on hand in the treasury of any code city may be invested in the same manner and subject to the same limitations as provided for city and town funds in all applicable statutes, including, but not limited to the following: RCW 35.39.030, 35.58.510, 35.81.070, 35.82.070, 36.29.020, 39.58.020, 39.58.080, 39.58.130, 39.60.010, 39.60.020, 41.16.040, 68.52.060, 68.52.065, and 72.19.120. The responsibility for determining the amount of money available in each fund for investment purposes shall be placed upon the department, division, or board responsible for the administration of such fund. Moneys thus determined available for this purpose may be invested on an individual fund basis or may, unless otherwise restricted by law be commingled within one common investment portfolio for the mutual benefit of all participating 35A.40.050 [Title 35A RCW—page 59] 35A.40.060 Title 35A RCW: Optional Municipal Code funds: PROVIDED, That if such moneys are commingled in a common investment portfolio, all income derived therefrom shall be apportioned among the various participating funds or the general or current expense fund as the governing body of the code city determines by ordinance or resolution. Any excess or inactive funds on hand in the city treasury not otherwise invested for the specific benefit of any particular fund, may be invested by the city treasurer in United States government bonds, notes, bills or certificates of indebtedness for the benefit of the general or current expense fund. [2007 c 64 § 1; 1987 c 331 § 77; 1983 c 66 § 2; 1983 c 3 § 64; 1967 ex.s. c 119 § 35A.40.050.] Additional notes found at www.leg.wa.gov 35A.40.060 Fiscal—Validation and funding of debts. The provisions of general law contained in chapters 35.40 and 39.90 RCW, relating to the validation and funding of debts and elections pertaining thereto is hereby recognized as applicable to code cities. [1967 ex.s. c 119 § 35A.40.060.] 35A.40.060 (1) The check, warrant, or draft must be drawn to the order of cash or bearer and be immediately payable by a drawee financial institution; (2) The person presenting the check, draft, or warrant to the city must produce identification as outlined by the city in the authorizing ordinance; (3) The payroll check, draft, or warrant or expense check, draft, or warrant must have been issued by the city; and (4) Personal checks cashed pursuant to this authorization cannot exceed two hundred dollars. In the event that any personal check cashed for a city employee by the city under this section is dishonored by the drawee financial institution when presented for payment, the city is authorized, after notice to the drawer or endorser of the dishonor, to withhold from the drawer’s or endorser’s next payroll check, draft, or warrant the full amount of the dishonored check. [1991 c 185 § 2.] 35A.40.200 General law relating to public works and contracts. Every code city shall have the authority to make public improvements and to perform public works under authority provided by general law for any class of city and to make contracts in accordance with procedure and subject to the conditions provided therefor, including but not limited to the provisions of: (1) Chapter 39.04 RCW, relating to public works; (2) RCW 35.23.352 relating to competitive bidding for public works, materials and supplies; (3) RCW 9.18.120 and 9.18.150 relating to suppression of competitive bidding; (4) chapter 60.28 RCW relating to liens for materials and labor performed; (5) chapter 39.08 RCW relating to contractor’s bonds; (6) chapters 39.12 and 43.03 RCW relating to prevailing wages; (7) chapter 49.12 RCW relating to hours of labor; (8) chapter 51.12 RCW relating to workers’ compensation; (9) chapter 49.60 RCW relating to antidiscrimination in employment; (10) chapter 39.24 RCW relating to the use of Washington commodities; and (11) chapter 39.28 RCW relating to emergency public works. [1995 c 164 § 2; 1987 c 185 § 4; 1983 c 3 § 65; 1967 ex.s. c 119 § 35A.40.200.] 35A.40.200 35A.40.070 35A.40.070 Fiscal—Municipal Revenue Bond Act. All provisions of chapter 35.41 RCW, the Municipal Revenue Bond Act, shall be applicable and/or available to code cities. [1967 ex.s. c 119 § 35A.40.070.] 35A.40.080 35A.40.080 Bonds—Form, terms, and maturity. In addition to any other authority granted by law, a code city shall have authority to ratify and fund indebtedness as provided by chapter 35.40 RCW; to issue revenue bonds, coupons and warrants as authorized by chapter 35.41 RCW; to authorize and issue local improvement bonds and warrants, installment notes and interest certificates as authorized by chapter 35.45 RCW; to fund indebtedness and to issue other bonds as authorized by chapters 39.44, 39.48, 39.52 RCW, RCW 39.56.020, and 39.56.030 in accordance with the procedures and subject to the limitations therein provided. [1967 ex.s. c 119 § 35A.40.080.] 35A.40.090 Indebtedness. The provisions of general law contained in chapter 39.36 RCW relating to municipal indebtedness shall be applicable to code cities. [2001 c 200 § 2; 1973 1st ex.s. c 195 § 29; 1970 ex.s. c 42 § 16; 1967 ex.s. c 119 § 35A.40.090. Cf. 1973 1st ex.s. c 195 § 141.] 35A.40.090 Additional notes found at www.leg.wa.gov 35A.40.100 Bankruptcy, readjustment and relief from debts. A code city may exercise the powers and obtain the benefits relating to bankruptcy, readjustment and relief from debts as authorized by chapter 39.64 RCW in accordance with the procedures therein prescribed. [1967 ex.s. c 119 § 35A.40.100.] 35A.40.100 35A.40.110 Employee checks, drafts, warrants— City may cash. Any code city is hereby authorized, at its option and after the adoption of the appropriate ordinance, to accept in exchange for cash a payroll check, draft, or warrant; expense check, draft, or warrant; or personal check from a city employee in accordance with the following conditions: Intent—Severability—1987 c 185: See notes following RCW 51.12.130. 35A.40.210 Public work or improvement—Procedures—Purchases. Procedures for any public work or improvement for code cities shall be governed by RCW 35.23.352. Purchases for code cities with twenty thousand population or more shall be governed by RCW 35.22.620. Purchases for code cities with under twenty thousand population shall be governed by RCW 35.23.352. [2009 c 229 § 5; 1989 c 11 § 8; 1979 ex.s. c 89 § 3.] 35A.40.210 Additional notes found at www.leg.wa.gov 35A.40.110 [Title 35A RCW—page 60] Chapter 35A.41 Chapter 35A.41 RCW PUBLIC EMPLOYMENT Sections 35A.41.010 Retirement and pension systems for code cities having a population of more than twenty thousand. (2010 Ed.) Public Officers and Agencies, Meetings, Duties and Powers 35A.41.020 Public employment and civil service. 35A.41.030 City contracts to obtain sheriff’s office law enforcement services. 35A.41.010 Retirement and pension systems for code cities having a population of more than twenty thousand. A code city having a population of more than twenty thousand inhabitants, or having been classed theretofore as a city of the first class may exercise all of the powers relating to retirement and pension systems for employees as authorized by RCW 35A.11.020 and by chapter 41.28 RCW in accordance with the procedures prescribed therein and subject to the limitations and penalties thereof. [1967 ex.s. c 119 § 35A.41.010.] 35A.41.010 35A.41.020 Public employment and civil service. Except as otherwise provided in this title, the general provisions relating to public employment, including hospitalization and medical aid as provided in chapter 41.04 RCW, and the application of federal social security for public employees, the acceptance of old age and survivors insurance as provided in chapters 41.47 and 41.48 RCW, military leave as provided in RCW 38.40.060, self-insurance as provided in chapter 48.62 RCW, the application of industrial insurance as provided in Title 51 RCW, and chapter 43.101 RCW relating to training of law enforcement officers, shall apply to code cities. Any code city may retain any civil service system theretofore in effect in such city and may adopt any system of civil service which would be available to any class of city under general law. [1991 sp.s. c 30 § 20; 1983 c 3 § 66; 1967 ex.s. c 119 § 35A.41.020.] 35A.41.020 Political activities of public employees: RCW 41.06.250. Additional notes found at www.leg.wa.gov 35A.41.030 City contracts to obtain sheriff’s office law enforcement services. See RCW 41.14.250 through 41.14.280. 35A.41.030 Chapter 35A.42 RCW PUBLIC OFFICERS AND AGENCIES, MEETINGS, DUTIES AND POWERS Chapter 35A.42 Sections 35A.42.010 35A.42.020 35A.42.030 35A.42.040 35A.42.050 City treasurer—Miscellaneous authority and duties. Qualification, removal, code of ethics, duties. Continuity of government—Enemy attack. City clerks and controllers. Public officers and employees—Conduct. Dog handler using dog in line of duty—Immunity: RCW 4.24.410. 35A.42.010 City treasurer—Miscellaneous authority and duties. In addition to authority granted and duties imposed upon code city treasurers by this title, code city treasurers, or the officers designated by charter or ordinance to perform the duties of a treasurer, shall have the duties and the authority to perform the following: (1) As provided in RCW 8.12.500 relating to bonds and compensation payments in eminent domain proceedings; (2) as provided in RCW 68.52.050 relating to cemetery improvement funds; (3) as provided in RCW 41.28.080 relating to custody of employees’ retirement funds; (4) as provided in RCW 47.08.100 relating to the use of city street funds; (5) as provided in 35A.42.010 (2010 Ed.) 35A.42.040 RCW 46.68.080 relating to motor vehicle funds; (6) as provided in RCW 41.16.020 and chapter 41.20 RCW relating to police and firefighters’ relief and pension boards; (7) as provided in chapter 42.20 RCW relating to misappropriation of funds; and (8) as provided in chapter 39.60 RCW relating to investment of municipal funds. The treasurer shall be subject to the penalties imposed for the violation of any of such provisions. Where a provision of this title, or the general law, names the city treasurer as an officer of a board or other body, or assigns duties to a city treasurer, such position shall be filled, or such duties performed, by the officer of a code city who is performing the duties usually performed by a city treasurer, although he or she may not have that designation. [2009 c 549 § 3039; 1987 c 331 § 78; 1984 c 258 § 320; 1967 ex.s. c 119 § 35A.42.010.] Intent—1984 c 258: See note following RCW 3.34.130. Additional notes found at www.leg.wa.gov 35A.42.020 Qualification, removal, code of ethics, duties. Except as otherwise provided in this title, every elective and appointive officer and all employees of code cities shall: (1) Be possessed of the qualifications and be subject to forfeiture of office, impeachment or removal and recall as provided in chapter 42.04 RCW and RCW 9.81.040; and (2) provide official bonds in accordance with the requirements of this title, and as required in compliance with chapters 42.08 and 48.28 RCW. When vacancies in public offices in code cities shall occur the term of a replacement officer shall be fixed as provided in chapter 42.12 RCW. A public officer charged with misconduct as defined in chapter 42.20 RCW, shall be charged and, upon conviction, punished as provided for such misconduct in chapter 42.20 RCW. The officers and employees of code cities shall be guided and governed by the code of ethics as provided in chapter 42.23 RCW. Vouchers for the payment of public funds and the provisions for certifying the same shall be as provided in chapter 42.24 RCW. The meetings of any board, agency, or commission of a code city shall be open to the public to the extent and notice given in the manner required by chapter 42.32 RCW. [1967 ex.s. c 119 § 35A.42.020.] 35A.42.020 Reviser’s note: RCW 42.32.010 and 42.32.020 were repealed by 1971 ex.s. c 250 § 15; later enactment, see chapter 42.30 RCW. Recall of elective officers: State Constitution Art. 1 §§ 33, 34 (Amendment 8); chapter 29A.56 RCW. Residence qualifications of officials and employees: RCW 35.21.200. 35A.42.030 Continuity of government—Enemy attack. In the event that the mayor, manager or other chief executive officer of any code city is unavailable by reason of enemy attack to exercise the powers and to discharge the duties of his or her office, his or her successor or substitute shall be selected in the manner provided by RCW 42.14.050 subject to rules and regulations providing for the appointment of temporary interim successors adopted under RCW 42.14.070. [2009 c 549 § 3040; 1967 ex.s. c 119 § 35A.42.030.] 35A.42.030 35A.42.040 City clerks and controllers. In addition to any specific enumeration of duties of city clerks in a code 35A.42.040 [Title 35A RCW—page 61] 35A.42.050 Title 35A RCW: Optional Municipal Code city’s charter or ordinances, and without limiting the generality of RCW 35A.21.030 of this title, the clerks of all code cities shall perform the following duties in the manner prescribed, to wit: (1) Certification of city streets as part of the highway system in accordance with the provisions of RCW 47.24.010; (2) perform the functions of a member of a *firemen’s pension board as provided by RCW 41.16.020; (3) keep a record of ordinances of the city and provide copies thereof as authorized by RCW 5.44.080; (4) serve as applicable the trustees of any police relief and pension board as authorized by RCW 41.20.010; and (5) serve as secretarytreasurer of volunteer firefighters’ relief and pension boards as provided in RCW 41.24.060. [1991 c 81 § 39; 1967 ex.s. c 119 § 35A.42.040.] *Reviser’s note: The "firemen’s pension board" was changed to the "firefighters’ pension board" by chapter 218, Laws of 2007. Additional notes found at www.leg.wa.gov 35A.42.050 Public officers and employees—Conduct. In addition to provisions of general law relating to public officials and others in public administration, employment or public works, the duties and conduct of such officers and other persons shall be governed by: (1) Chapter 9A.68 RCW relating to bribery of a public officer; (2) Article II, section 30 of the Constitution of the state of Washington relating to bribery or corrupt solicitation; (3) RCW 35.17.150 relating to misconduct in code cities having a commission form of government; (4) chapter 42.23 RCW in regard to interest in contracts; (5) *chapter 29.85 RCW relating to misconduct in connection with elections; (6) RCW 49.44.060 and **49.44.070 relating to grafting by employees; (7) RCW 49.44.020 and 49.44.030 relating to the giving or solicitation of a bribe to a labor representative; (8) chapter 42.20 RCW relating to misconduct of a public officer; (9) RCW 49.52.050 and 49.52.090 relating to rebating by employees; and (10) chapter 9.18 RCW relating to bribery and grafting. [1983 c 3 § 67; 1967 ex.s. c 119 § 35A.42.050.] 35A.42.050 Reviser’s note: *(1) Chapter 29.85 RCW was recodified as chapter 29A.84 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004. **(2) RCW 49.44.070 was repealed by 1995 c 285 § 37, effective July 1, 1995. Chapter 35A.43 Chapter 35A.43 RCW LOCAL IMPROVEMENTS IN CODE CITIES Sections 35A.43.010 General law applicable to code cities. 35A.43.020 Public lands subject to local assessments. 35A.43.010 General law applicable to code cities. Chapters 35.43, 35.44, 35.45, 35.47, 35.48, 35.49, 35.50, 35.53, 35.54, 35.55, and 35.56 RCW all relating to municipal local improvements and made applicable to all incorporated cities and towns by RCW 35.43.030 are hereby recognized as applicable to all code cities, and the provisions thereof shall supersede the provisions of any charter of a charter code city inconsistent therewith. The provisions of the chapters named in this section shall be effective as to charter code cities to the same extent as such provisions are effective as to cities of the first class, and all code cities may exercise, in the manner 35A.43.010 [Title 35A RCW—page 62] provided, any authority therein granted to any class of city. [1967 ex.s. c 119 § 35A.43.010.] Local improvements, supplemental authority: Chapter 35.51 RCW. 35A.43.020 Public lands subject to local assessments. In addition to the authority provided by chapter 35.44 RCW, and chapter 79.44 RCW, a code city may assess public lands for the cost of local improvements specially benefiting such lands. [1967 ex.s. c 119 § 35A.43.020.] 35A.43.020 Chapter 35A.44 Chapter 35A.44 RCW CENSUS Sections 35A.44.010 Population determination. 35A.44.010 Population determination. The population of code cities shall be determined for specific purposes in accordance with any express provision of state law relating thereto. Where no express provision is made, the provisions of RCW 43.41.110(7) relating to the office of financial management and the provisions of RCW 35.13.260 shall govern. [1979 ex.s. c 18 § 32; 1979 c 151 § 36; 1967 ex.s. c 119 § 35A.44.010.] 35A.44.010 Additional notes found at www.leg.wa.gov Chapter 35A.46 Chapter 35A.46 RCW MOTOR VEHICLES Sections 35A.46.010 State law applicable. 35A.46.010 State law applicable. (Effective until July 1, 2011.) The provisions of Title 46 of the Revised Code of Washington relating to regulation of motor vehicles shall be applicable to code cities, its officers and employees to the same extent as such provisions grant powers and impose duties upon cities of any class, their officers and agents, including without limitation the following: (1) Authority to provide for angle parking on certain city streets designated as forming a route of a primary state highway as authorized in RCW 46.61.575; (2) application of city police regulations to port districts as authorized by RCW 53.08.230; (3) authority to establish local regulations relating to city streets forming a part of the state highway system as authorized by RCW 46.44.080; (4) authority to install and operate a station for the inspection of vehicle equipment in conformity with rules, regulations, procedure and standards prescribed by the Washington state patrol as authorized under *RCW 46.32.030; (5) exemption from the payment of license fees for city owned vehicles as authorized by RCW 46.16.020 and 46.16.290; (6) authority to establish traffic schools as provided by chapter 46.83 RCW; and (7) authority to enforce the provisions of RCW 81.48.050 relating to railroad crossings. [1967 ex.s. c 119 § 35A.46.010.] 35A.46.010 *Reviser’s note: RCW 46.32.030 was repealed by 1986 c 123 § 7. 35A.46.010 State law applicable. (Effective July 1, 2011.) The provisions of Title 46 RCW relating to regulation 35A.46.010 (2010 Ed.) Highways and Streets of motor vehicles shall be applicable to code cities and its officers and employees to the same extent as such provisions grant powers and impose duties upon cities of any class and their officers and agents, including without limitation the following: (1) Authority to provide for angle parking on certain city streets designated as forming a route of a primary state highway as authorized in RCW 46.61.575; (2) application of city police regulations to port districts as authorized by RCW 53.08.230; (3) authority to establish local regulations relating to city streets forming a part of the state highway system as authorized by RCW 46.44.080; (4) exemption from the payment of vehicle license fees for city owned vehicles as authorized by RCW 46.16A.170 and 46.16A.200(8); (5) authority to establish traffic schools as provided by chapter 46.83 RCW; and (6) authority to enforce the provisions of RCW 81.48.050 relating to railroad crossings. [2010 c 161 § 1104; 1967 ex.s. c 119 § 35A.46.010.] Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013. Chapter 35A.47 Chapter 35A.47 RCW HIGHWAYS AND STREETS Sections 35A.47.010 Highways, granting land for. 35A.47.020 Streets—Acquisition, standards of design, use, vacation and abandonment—Funds. 35A.47.030 Public highways—Acquisition, agreements, transfers, regulations. 35A.47.040 Franchises and permits—Streets and public ways. Contracts for street improvements: Chapter 35.72 RCW. Local adopt-a-highway programs: RCW 47.40.105. 35A.47.010 Highways, granting land for. A code city may exercise the powers relating to granting of property for state highway purposes as authorized by RCW 47.12.040 in accordance with the procedures therein prescribed. [1967 ex.s. c 119 § 35A.47.010.] 35A.47.010 35A.47.020 Streets—Acquisition, standards of design, use, vacation and abandonment—Funds. The designation of code city streets as a part of the state highway system, the jurisdiction and control of such streets, the procedure for acquisition or abandonment of rights-of-way for city streets and state highways, and the sale or lease of state highway land or toll facility to a code city, the requirements for accounting and expenditure of street funds, and the authority for contracting for the construction, repair and maintenance of streets by the state or county shall be the same as is provided in RCW 36.75.090, chapters 47.08, 47.12, 47.24 and 47.56 RCW, and the regulation of signs thereon as provided in chapter 47.42 RCW. Code cities shall be regulated in the acquisition, construction, maintenance, use and vacation of alleys, city streets, parkways, boulevards and sidewalks and in the design standards therefor as provided in chapters 35.68 through 35.79, 35.85, and 35.86 RCW and *RCW 79.93.010 relating to dedication of tidelands and shorelands to public use and in the use of state shared funds as provided by general law. [1983 c 3 § 68; 1967 ex.s. c 119 § 35A.47.020.] 35A.47.020 *Reviser’s note: RCW 79.93.010 was recodified as RCW 79.120.010 pursuant to 2005 c 155 § 1007. (2010 Ed.) 35A.47.040 35A.47.030 35A.47.030 Public highways—Acquisition, agreements, transfers, regulations. The provisions of Title 47 RCW shall apply to code cities, its officers and employees to the same extent as such provisions are applicable to any other class of city within the state, including, without limitation, the following: (1) The acquisition by the state of municipal lands and the exchange of state highway and municipal lands, as provided in chapter 47.12 RCW; (2) the dedication of public land for city streets as provided by RCW 36.34.290 and 36.34.300; (3) city contributions to finance toll facilities as provided in RCW 47.56.250; (4) contracts with the department of transportation, as provided in RCW 47.01.210; (5) the construction, maintenance, jurisdiction, and control of city streets, as provided in chapter 47.24 RCW; (6) agreements between the department of transportation and a city for the benefit or improvement of highways, roads, or streets, as provided in RCW 47.28.140; (7) sales, leases, or transfers as authorized by RCW 47.12.063, 47.12.066, and 47.12.080; (8) the erection of information signs as regulated by RCW 47.42.050 and 47.42.060; (9) provisions relating to limited access highways under chapter 47.52 RCW; (10) the acquisition and abandonment for state highways as provided by RCW 36.75.090 and 90.28.020; and (11) the sharing of maintenance of streets and alleys as an extension of county roads as provided by RCW 35.77.020. [1984 c 258 § 321; 1983 c 3 § 69; 1967 ex.s. c 119 § 35A.47.030.] Intent—1984 c 258: See note following RCW 3.34.130. Additional notes found at www.leg.wa.gov 35A.47.040 35A.47.040 Franchises and permits—Streets and public ways. Every code city shall have authority to permit and regulate under such restrictions and conditions as it may set by charter or ordinance and to grant nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service. The power hereby granted shall be in addition to the franchise authority granted by general law to cities. No ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city’s legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective. The city council may require a bond in a reasonable amount for any person or corporation obtaining a franchise from the city conditioned upon the faithful performance of the conditions and terms of the franchise and providing a recovery on the bond in case of failure to perform the terms and conditions of the franchise. [Title 35A RCW—page 63] Chapter 35A.49 Title 35A RCW: Optional Municipal Code A code city may exercise the authority hereby granted, notwithstanding a contrary limitation of any preexisting charter provision. [1967 ex.s. c 119 § 35A.47.040.] Chapter 35A.49 Chapter 35A.49 RCW LABOR AND SAFETY REGULATIONS Sections 35A.49.010 Labor regulations—Safety regulations, discrimination in employment, hours, wages. Additional notes found at www.leg.wa.gov Chapter 35A.57 RCW INCLUSION OF CODE CITIES IN METROPOLITAN MUNICIPAL CORPORATIONS Chapter 35A.57 Sections 35A.57.020 Metropolitan municipal corporations—May be formed around charter code city. 35A.57.020 Metropolitan municipal corporations— May be formed around charter code city. Any area of the state containing two or more cities, at least one of which is a code city having at least ten thousand population, may organize as a metropolitan municipal corporation. The presence in such area of a code city having at least ten thousand population, shall fulfill the requirement of RCW 35.58.030 as to the class of city required to be included in an area incorporating as a metropolitan municipal corporation. [1967 ex.s. c 119 § 35A.57.020.] 35A.57.020 35A.49.010 Labor regulations—Safety regulations, discrimination in employment, hours, wages. Provisions of state laws relating to labor and safety regulations as provided in Title 49 RCW shall apply to code cities to the same extent as such laws apply to other classes of cities. [1967 ex.s. c 119 § 35A.49.010.] 35A.49.010 Chapter 35A.56 Chapter 35A.56 RCW LOCAL SERVICE DISTRICTS Sections 35A.56.010 Laws relating to special service districts, application to code cities. 35A.56.010 Laws relating to special service districts, application to code cities. Except as otherwise provided in this title, state laws relating to special service or taxing districts shall apply to, grant powers, and impose duties upon code cities and their officers to the same extent as such laws apply to and affect other classes of cities and towns and their employees, including, without limitation, the following: (1) Chapter 70.94 RCW, relating to air pollution control; (2) chapter 68.52 RCW, relating to cemetery districts; (3) *chapter 29.68 RCW, relating to congressional districts; (4) chapters 14.07 and 14.08 RCW, relating to municipal airport districts; (5) chapter 36.88 RCW, relating to county road improvement districts; (6) Title 85 RCW, relating to diking districts, drainage districts, and drainage improvement districts; (7) **chapter 36.54 RCW, relating to ferry districts; (8) Title 52 RCW, relating to fire protection districts; (9) Title 86 RCW, relating to flood control districts and flood control; (10) chapter 70.46 RCW, relating to health districts; (11) chapters 87.03 through 87.84 and 89.12 RCW, relating to irrigation districts; (12) chapter 35.61 RCW, relating to metropolitan park districts; (13) chapter 35.58 RCW, relating to metropolitan municipalities; (14) chapter 17.28 RCW, relating to mosquito control districts; (15) chapter 17.12 RCW, relating to agricultural pest districts; (16) Title 53 RCW, relating to port districts; (17) chapter 70.44 RCW, relating to public hospital districts; (18) Title 54 RCW, relating to public utility districts; (19) chapter 91.08 RCW, relating to public waterway districts; (20) chapter 89.12 RCW, relating to reclamation districts; (21) chapters 57.02 through 57.36 RCW, relating to water-sewer districts; and (22) chapter 17.04 RCW, relating to weed districts. [1996 c 230 § 1605; 1987 c 331 § 79; 1979 ex.s. c 30 § 2; 1967 ex.s. c 119 § 35A.56.010.] 35A.56.010 Reviser’s note: *(1) Chapter 29.68 RCW was recodified as chapter 29A.28 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004. **(2) Chapter 36.54 RCW relates to county-owned ferries. [Title 35A RCW—page 64] Chapter 35A.58 Chapter 35A.58 RCW BOUNDARIES AND PLATS Sections 35A.58.010 Locating corners and boundaries. 35A.58.020 Alteration and vacation of plats. 35A.58.030 Platting and subdivision of land. 35A.58.010 Locating corners and boundaries. General laws shall govern the methods, procedures, and standards for surveying, establishing corners and boundaries, describing and perpetuating and recording information and descriptions relating thereto. The boundaries and corners of sections, parcels, plats, and subdivisions of land within a code city, may be surveyed, established, relocated, and perpetuated whenever a majority of the resident owners of any section or part or parts of any section of land within the city makes application in accordance with the provisions of chapter 58.04 RCW. [1967 ex.s. c 119 § 35A.58.010.] 35A.58.010 35A.58.020 Alteration and vacation of plats. The provisions of *chapters 58.11 and 58.12 RCW shall apply in appropriate cases to the alteration or vacation of plats including land or lots within a code city or the vacation of streets therein as provided in chapter 35.79 RCW. The vacation of waterways within a code city shall be governed by the provisions of **chapter 79.16 RCW. [1967 ex.s. c 119 § 35A.58.020.] 35A.58.020 Reviser’s note: *(1) Chapters 58.11 and 58.12 RCW were repealed by 1987 c 354 § 8. **(2) Chapter 79.16 RCW was repealed by 1982 1st ex.s. c 21 § 183. For later enactment, see chapters 79.90 through 79.96 RCW. Chapters 79.90 through 79.96 RCW were subsequently recodified as chapters 79.105 through 79.140 RCW pursuant to 2005 c 155. 35A.58.030 Platting and subdivision of land. The provisions of chapter 58.17 RCW together with the provisions of a code city’s subdivision regulations as adopted by ordinance not inconsistent with the provisions of chapter 58.17 RCW shall control the platting and subdividing of land into lots or tracts comprising five or more of such lots or 35A.58.030 (2010 Ed.) Liens tracts or containing a dedication of any part thereof as a public street or highway, or other public place or use: PROVIDED, That nothing herein shall prohibit the legislative body of a code city from adopting reasonable ordinances regulating the subdivision of land into two or more parcels without requiring compliance with all of the requirements of the platting law. [1983 c 3 § 70; 1971 ex.s. c 251 § 9; 1967 ex.s. c 119 § 35A.58.030.] Additional notes found at www.leg.wa.gov Chapter 35A.60 Chapter 35A.60 RCW LIENS Sections 35A.60.010 General law applicable. 35A.60.010 General law applicable. The general law relating to liens including but not limited to the provisions of Title 60 RCW, as the same relates to cities of any class shall apply to code cities. Every code city may exercise the authority to perform services to property within the city and to claim and foreclose liens allowed therefor by general laws for any class of city including but not limited to the following provisions: (1) Chapter 35.80 RCW, relating to unfit dwellings, buildings and structures; (2) RCW 35.22.320, relating to the cost of filling cesspools; (3) RCW 35.85.030, relating to assessment liens for viaducts, elevated roadways, tunnels, and subways; (4) RCW 35.21.130, 35.21.140, 35.21.150, and 35.22.320 for garbage collection; (5) chapters 35.50, 35.55 and 35.56 RCW relating to enforcement of local improvement liens; (6) RCW 35.73.050 relating to the expense of sanitary fills; (7) RCW 35.67.200 through 35.67.290, relating to sewerage systems and service; (8) RCW 35.68.070, 35.69.030, 35.70.090, relating to sidewalks; (9) RCW *35.49.120 through 35.49.160, relating to priority of tax liens; (10) RCW 35.21.290 and 35.21.300, providing for liens for utility services; (11) chapter 84.60 RCW relating to lien of taxes upon property; (12) RCW 4.16.030, relating to foreclosure of local improvement liens; (13) chapter 60.76 RCW, relating to lien of employees for contribution to benefit plans; and (14) chapter 60.28 RCW, relating to lien for labor and materials on public works. [1967 ex.s. c 119 § 35A.60.010.] 35A.60.010 *Reviser’s note: RCW 35.49.120 was repealed by 1994 c 301 § 57. Chapter 35A.63 RCW PLANNING AND ZONING IN CODE CITIES Chapter 35A.63 Sections 35A.63.010 Definitions. 35A.63.015 "Solar energy system" defined. 35A.63.020 Planning agency—Creation—Powers and duties—Conflicts of interest. 35A.63.030 Joint meetings and cooperative action. 35A.63.040 Regional planning. 35A.63.050 Receipt and expenditure of funds. 35A.63.060 Comprehensive plan—General. 35A.63.061 Comprehensive plan—Required elements. 35A.63.062 Comprehensive plan—Optional elements. 35A.63.070 Comprehensive plan—Notice and hearing. 35A.63.071 Comprehensive plan—Forwarding to legislative body. 35A.63.072 Comprehensive plan—Approval by legislative body. 35A.63.073 Comprehensive plan—Amendments and modifications. 35A.63.080 Comprehensive plan—Effect. 35A.63.100 Municipal authority. (2010 Ed.) 35A.63.010 35A.63.105 Development regulations—Consistency with comprehensive plan. 35A.63.107 Development regulations—Jurisdictions specified—Electric vehicle infrastructure. 35A.63.110 Board of adjustment—Creation—Powers and duties. 35A.63.120 Administration and enforcement. 35A.63.130 Provisions inconsistent with charters. 35A.63.140 Duties and responsibilities imposed by other acts. 35A.63.145 Prohibitions on manufactured homes—Review required— "Designated manufactured home" defined. 35A.63.146 Manufactured housing communities—Elimination of existing community by code city prohibited. 35A.63.149 Residential care facilities—Review of need and demand— Adoption of ordinances. 35A.63.150 Public hearings. 35A.63.152 Public notice—Identification of affected property. 35A.63.160 Construction—1967 ex.s. c 119. 35A.63.170 Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures. 35A.63.200 Conformance with chapter 43.97 RCW required. 35A.63.210 Child care facilities—Review of need and demand—Adoption of ordinances. 35A.63.215 Family day-care provider’s home facility—City may not prohibit in residential or commercial area—Conditions. 35A.63.220 Moratoria, interim zoning controls—Public hearing—Limitation on length. 35A.63.230 Accessory apartments. 35A.63.240 Treatment of residential structures occupied by persons with handicaps. 35A.63.250 Watershed restoration projects—Permit processing—Fish habitat enhancement project. 35A.63.260 Planning regulations—Copies provided to county assessor. 35A.63.270 General aviation airports. 35A.63.280 Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required. Acquisition of interests in land for conservation, protection, preservation, or open space purposes by cities: RCW 64.04.130. Adult family homes—Permitted use in residential and commercial zones: RCW 70.128.175. Appearance of fairness doctrine—Application to local land use decisions: RCW 42.36.010. Associations of municipal corporations or municipal officers to furnish information to legislature and governor: RCW 44.04.170. 35A.63.010 Definitions. The following words or terms as used in this chapter shall have the meanings set forth below unless different meanings are clearly indicated by the context: (1) "Chief administrative officer" means the mayor in code cities operating under the mayor-council and commission forms, the city manager in code cities operating under the council-manager forms, or such other officer as the charter of a charter code city designates as the chief administrative officer. (2) "City" means an incorporated city or town. (3) "Code city" is used where the application of this chapter is limited to a code city; where joint, regional, or cooperative action is intended, a code city may be included in the unrestricted terms "city" or "municipality". (4) "Comprehensive plan" means the policies and proposals approved by the legislative body as set forth in RCW 35A.63.060 through 35A.63.072 of this chapter and containing, at least, the elements set forth in RCW 35A.63.061. (5) "Legislative body" means a code city council, a code city commission, and, in cases involving regional or cooperative planning or action, the governing body of a municipality. 35A.63.010 [Title 35A RCW—page 65] 35A.63.015 Title 35A RCW: Optional Municipal Code (6) "Municipality" includes any code city and, in cases of regional or cooperative planning or action, any city, town, township, county, or special district. (7) "Ordinance" means a legislative enactment by the legislative body of a municipality; in this chapter "ordinance" is synonymous with the term "resolution" when "resolution" is used as representing a legislative enactment. (8) "Planning agency" means any person, body, or organization designated by the legislative body to perform a planning function or portion thereof for a municipality, and includes, without limitation, any commission, committee, department, or board together with its staff members, employees, agents, and consultants. (9) "Special district" means that portion of the state, county, or other political subdivision created under general law for rendering of one or more local public services or for administrative, educational, judicial, or political purposes. [1967 ex.s. c 119 § 35A.63.010.] 35A.63.015 "Solar energy system" defined. As used in this chapter, "solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in: (1) The heating or cooling of a structure or building; (2) The heating or pumping of water; (3) Industrial, commercial, or agricultural processes; or (4) The generation of electricity. A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member or part of a roof of a building or structure and serving as a window or wall. [1979 ex.s. c 170 § 6.] 35A.63.015 Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140. Additional notes found at www.leg.wa.gov 35A.63.020 Planning agency—Creation—Powers and duties—Conflicts of interest. By ordinance a code city may create a planning agency and provide for its membership, organization, and expenses. The planning agency shall serve in an advisory capacity to the chief administrative officer or the legislative body, or both, as may be provided by ordinance and shall have such other powers and duties as shall be provided by ordinance. If any person or persons on a planning agency concludes that he or she has a conflict of interest or an appearance of fairness problem with respect to a matter pending before the agency so that he or she cannot discharge his or her duties on such an agency, he or she shall disqualify himself or herself from participating in the deliberations and the decision-making process with respect to the matter. If this occurs, the appointing authority that appoints such a person may appoint a person to serve as an alternate on the agency to serve in his or her stead in regard to such a matter. [2009 c 549 § 3041; 1979 ex.s. c 18 § 33; 1967 ex.s. c 119 § 35A.63.020.] 35A.63.020 Additional notes found at www.leg.wa.gov 35A.63.030 Joint meetings and cooperative action. Pursuant to the authorization of the legislative body, a code 35A.63.030 [Title 35A RCW—page 66] city planning agency may hold joint meetings with one or more city or county planning agencies (including city or county planning agencies in adjoining states) in any combination and may contract with another municipality for planning services. A code city may enter into cooperative arrangements with one or more municipalities and with any regional planning council organized under this chapter for jointly engaging a planning director and such other employees as may be required to operate a joint planning staff. [1969 ex.s. c 81 § 5; 1967 ex.s. c 119 § 35A.63.030.] Additional notes found at www.leg.wa.gov 35A.63.040 Regional planning. A code city with one or more municipalities within a region, otherwise authorized by law to plan, including municipalities of adjoining states, when empowered by ordinances of their respective legislative bodies, may cooperate to form, organize, and administer a regional planning commission to prepare a comprehensive plan and perform other planning functions for the region defined by agreement of the respective municipalities. The various agencies may cooperate in all phases of planning, and professional staff may be engaged to assist in such planning. All costs shall be shared on a pro rata basis as agreed among the various entities. A code city may also cooperate with any department or agency of a state government having planning functions. [1969 ex.s. c 81 § 6; 1967 ex.s. c 119 § 35A.63.040.] 35A.63.040 Additional notes found at www.leg.wa.gov 35A.63.050 Receipt and expenditure of funds. Any code city or any regional planning commission that includes a code city, when authorized by the legislative bodies of the municipalities represented by the regional planning commission, may enter into an agreement with any department or agency of the government of the United States or the state of Washington, or its agencies or political subdivisions, or any other public or private agency, to arrange for the receipt and expenditure of funds for planning in the interest of furthering the planning program. [1967 ex.s. c 119 § 35A.63.050.] 35A.63.050 35A.63.060 Comprehensive plan—General. Every code city, by ordinance, shall direct the planning agency to prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses of the code city and its environs. The comprehensive plan may be prepared as a whole or in successive parts. The plan should integrate transportation and land use planning. [2002 c 189 § 2; 1967 ex.s. c 119 § 35A.63.060.] 35A.63.060 35A.63.061 Comprehensive plan—Required elements. The comprehensive plan shall be in such form and of such scope as the code city’s ordinance or charter may require. It may consist of a map or maps, diagrams, charts, reports and descriptive and explanatory text or other devices and materials to express, explain, or depict the elements of the plan; and it shall include a recommended plan, scheme, or design for each of the following elements: (1) A land-use element that designates the proposed general distribution, general location, and extent of the uses of land. These uses may include, but are not limited to, agricul35A.63.061 (2010 Ed.) Planning and Zoning in Code Cities tural, residential, commercial, industrial, recreational, educational, public, and other categories of public and private uses of land. The land-use element shall also include estimates of future population growth in, and statements of recommended standards of population density and building intensity for, the area covered by the comprehensive plan. The land use element shall also provide for protection of the quality and quantity of groundwater used for public water supplies and shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound. (2) A circulation element consisting of the general location, alignment, and extent of existing and proposed major thoroughfares, major transportation routes, and major terminal facilities, all of which shall be correlated with the landuse element of the comprehensive plan. [1985 c 126 § 2; 1984 c 253 § 2; 1967 ex.s. c 119 § 35A.63.061.] 35A.63.062 Comprehensive plan—Optional elements. The comprehensive plan may include also any or all of the following optional elements: (1) A conservation element for the conservation, development, and utilization of natural resources. (2) An open space, park, and recreation element. (3) A transportation element showing a comprehensive system of surface, air, and water transportation routes and facilities. (4) A public-use element showing general locations, designs, and arrangements of public buildings and uses. (5) A public utilities element showing general plans for public and franchised services and facilities. (6) A redevelopment or renewal element showing plans for the redevelopment or renewal of slum and blighted areas. (7) An urban design element for general organization of the physical parts of the urban landscape. (8) Other elements dealing with subjects that, in the opinion of the legislative body, relate to the development of the municipality, or are essential or desirable to coordinate public services and programs with such development. (9) A solar energy element for encouragement and protection of access to direct sunlight for solar energy systems. [1979 ex.s. c 170 § 7; 1967 ex.s. c 119 § 35A.63.062.] 35A.63.062 Additional notes found at www.leg.wa.gov 35A.63.070 Comprehensive plan—Notice and hearing. After preparing the comprehensive plan, or successive parts thereof, as the case may be, the planning agency shall hold at least one public hearing on the comprehensive plan or successive part. Notice of the time, place, and purpose of such public hearing shall be given as provided by ordinance and including at least one publication in a newspaper of general circulation delivered in the code city and in the official gazette, if any, of the code city, at least ten days prior to the date of the hearing. Continued hearings may be held at the discretion of the planning agency but no additional notices need be published. [1967 ex.s. c 119 § 35A.63.070.] 35A.63.070 35A.63.071 Comprehensive plan—Forwarding to legislative body. Upon completion of the hearing or hear35A.63.071 (2010 Ed.) 35A.63.080 ings on the comprehensive plan or successive parts thereof, the planning agency, after making such changes as it deems necessary following such hearing, shall transmit a copy of its recommendations for the comprehensive plan, or successive parts thereof, to the legislative body through the chief administrative officer, who shall acknowledge receipt thereof and direct the clerk to certify thereon the date of receipt. [1967 ex.s. c 119 § 35A.63.071.] 35A.63.072 35A.63.072 Comprehensive plan—Approval by legislative body. Within sixty days from its receipt of the recommendation for the comprehensive plan, as above set forth, the legislative body at a public meeting shall consider the same. The legislative body within such period as it may by ordinance provide, shall vote to approve or disapprove or to modify and approve, as modified, the comprehensive plan or to refer it back to the planning agency for further proceedings, in which case the legislative body shall specify the time within which the planning agency shall report back to the legislative body its findings and recommendations on the matters referred to it. The final form and content of the comprehensive plan shall be determined by the legislative body. An affirmative vote of not less than a majority of total members of the legislative body shall be required for adoption of a resolution to approve the plan or its parts. The comprehensive plan, or its successive parts, as approved by the legislative body, shall be filed with an appropriate official of the code city and shall be available for public inspection. [1967 ex.s. c 119 § 35A.63.072.] 35A.63.073 35A.63.073 Comprehensive plan—Amendments and modifications. All amendments, modifications, or alterations in the comprehensive plan or any part thereof shall be processed in the same manner as set forth in RCW 35A.63.070 through 35A.63.072. [1967 ex.s. c 119 § 35A.63.073.] 35A.63.080 35A.63.080 Comprehensive plan—Effect. From the date of approval by the legislative body the comprehensive plan, its parts and modifications thereof, shall serve as a basic source of reference for future legislative and administrative action: PROVIDED, That the comprehensive plan shall not be construed as a regulation of property rights or land uses: PROVIDED, FURTHER, That no procedural irregularity or informality in the consideration, hearing, and development of the comprehensive plan or a part thereof, or any of its elements, shall affect the validity of any zoning ordinance or amendment thereto enacted by the code city after the approval of the comprehensive plan. The comprehensive plan shall be consulted as a preliminary to the establishment, improvement, abandonment, or vacation of any street, park, public way, public building, or public structure, and no dedication of any street or other area for public use shall be accepted by the legislative body until the location, character, extent, and effect thereof shall have been considered by the planning agency with reference to the comprehensive plan. The legislative body shall specify the time within which the planning agency shall report and make a recommendation with respect thereto. Recommendations of [Title 35A RCW—page 67] 35A.63.100 Title 35A RCW: Optional Municipal Code the planning agency shall be advisory only. [1967 ex.s. c 119 § 35A.63.080.] 35A.63.100 Municipal authority. After approval of the comprehensive plan, as set forth above, the legislative body, in developing the municipality and in regulating the use of land, may implement or give effect to the comprehensive plan or parts thereof by ordinance or other action to such extent as the legislative body deems necessary or appropriate. Such ordinances or other action may provide for: (1) Adoption of an official map and regulations relating thereto designating locations and requirements for one or more of the following: Streets, parks, public buildings, and other public facilities, and protecting such sites against encroachment by buildings and other physical structures. (2) Dividing the municipality, or portions thereof, into appropriate zones within which specific standards, requirements, and conditions may be provided for regulating the use of public and private land, buildings, and structures, and the location, height, bulk, number of stories, and size of buildings and structures, size of yards, courts, open spaces, density of population, ratio of land area to the area of buildings and structures, setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy systems, and such other standards, requirements, regulations, and procedures as are appropriately related thereto. The ordinance encompassing the matters of this subsection is hereinafter called the "zoning ordinance". No zoning ordinance, or amendment thereto, shall be enacted by the legislative body without at least one public hearing, notice of which shall be given as set forth in RCW 35A.63.070. Such hearing may be held before the planning agency or the board of adjustment or such other body as the legislative body shall designate. (3) Adoption of design standards, requirements, regulations, and procedures for the subdivision of land into two or more parcels, including, but not limited to, the approval of plats, dedications, acquisitions, improvements, and reservation of sites for public use. (4) Scheduling public improvements on the basis of recommended priorities over a period of years, subject to periodic review. (5) Such other matters as may be otherwise authorized by law or as the legislative body deems necessary or appropriate to effectuate the goals and objectives of the comprehensive plan or parts thereof and the purposes of this chapter. [1979 ex.s. c 170 § 8; 1967 ex.s. c 119 § 35A.63.100.] 35A.63.100 Additional notes found at www.leg.wa.gov 35A.63.105 Development regulations—Consistency with comprehensive plan. Beginning July 1, 1992, the development regulations of each code city that does not plan under RCW 36.70A.040 shall not be inconsistent with the city’s comprehensive plan. For the purposes of this section, "development regulations" has the same meaning as set forth in RCW 36.70A.030. [1990 1st ex.s. c 17 § 23.] 35A.63.105 Additional notes found at www.leg.wa.gov 35A.63.107 Development regulations—Jurisdictions specified—Electric vehicle infrastructure. (1) By July 1, 2010, the development regulations of any jurisdiction: 35A.63.107 [Title 35A RCW—page 68] (a) Adjacent to Interstate 5, Interstate 90, Interstate 405, or state route number 520, with a population over twenty thousand, and located in a county with a population over one million five hundred thousand; or (b) Adjacent to Interstate 5 and located in a county with a population greater than six hundred thousand; or (c) Adjacent to Interstate 5 and located in a county with a state capitol within its borders; planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed. (2) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction adjacent to Interstate 5, Interstate 90, Interstate 405, or state route number 520 planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed. (3) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction planning under this chapter must allow battery charging stations as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed. (4) Cities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas. (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (c) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (d) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or (2010 Ed.) Planning and Zoning in Code Cities exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (6) If federal funding for public investment in electric vehicles, electric vehicle infrastructure, or alternative fuel distribution infrastructure is not provided by February 1, 2010, subsection (1) of this section is null and void. [2009 c 459 § 10.] Finding—Purpose—2009 c 459: See note following RCW 47.80.090. Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090. 35A.63.110 Board of adjustment—Creation—Powers and duties. A code city which pursuant to this chapter creates a planning agency and which has twenty-five hundred or more inhabitants, by ordinance, shall create a board of adjustment and provide for its membership, terms of office, organization, jurisdiction. A code city which pursuant to this chapter creates a planning agency and which has a population of less than twenty-five hundred may, by ordinance, similarly create a board of adjustment. In the event a code city with a population of less than twenty-five hundred creates a planning agency, but does not create a board of adjustment, the code city shall provide that the city legislative authority shall itself hear and decide the items listed in subdivisions (1), (2), and (3) of this section. The action of the board of adjustment shall be final and conclusive, unless, within twenty-one days from the date of the action, the original applicant or an adverse party makes application to the superior court for the county in which that city is located for a writ of certiorari, a writ of prohibition, or a writ of mandamus. No member of the board of adjustment shall be a member of the planning agency or the legislative body. Subject to conditions, safeguards, and procedures provided by ordinance, the board of adjustment may be empowered to hear and decide: (1) Appeals from orders, recommendations, permits, decisions, or determinations made by a code city official in the administration or enforcement of the provisions of this chapter or any ordinances adopted pursuant to it. (2) Applications for variances from the terms of the zoning ordinance, the official map ordinance or other land-use regulatory ordinances under procedures and conditions prescribed by city ordinance, which among other things shall provide that no application for a variance shall be granted unless the board of adjustment finds: (a) The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and (b) That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and (c) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. (3) Applications for conditional-use permits, unless such applications are to be heard and decided by the planning 35A.63.110 (2010 Ed.) 35A.63.145 agency. A conditional use means a use listed among those classified in any given zone but permitted to locate only after review as herein provided in accordance with standards and criteria set forth in the zoning ordinance. (4) Such other quasi judicial and administrative determinations as may be delegated by ordinance. In deciding any of the matters referred to in subsections (1), (2), (3), and (4) of this section, the board of adjustment shall issue a written report giving the reasons for its decision. If a code city provides for a hearing examiner and vests in him or her the authority to hear and decide the items listed in subdivisions (1), (2), and (3) of this section pursuant to RCW 35A.63.170, then the provisions of this section shall not apply to such a city. [2009 c 549 § 3042; 2001 c 200 § 1; 1979 ex.s. c 18 § 34; 1967 ex.s. c 119 § 35A.63.110.] Additional notes found at www.leg.wa.gov 35A.63.120 Administration and enforcement. In order to carry into effect the purposes of this chapter, administrative and enforcement responsibilities, other than those set forth in RCW 35A.63.110, may be assigned by ordinance to such departments, boards, officials, employees, or agents as the legislative body deems appropriate. [1967 ex.s. c 119 § 35A.63.120.] 35A.63.120 35A.63.130 Provisions inconsistent with charters. Insofar as the provisions of an existing charter of a municipality are inconsistent with this chapter, a municipality may exercise the authority, or any part thereof, granted by this chapter notwithstanding the inconsistent provision of an existing charter. [1967 ex.s. c 119 § 35A.63.130.] 35A.63.130 35A.63.140 Duties and responsibilities imposed by other acts. Any duties and responsibilities which by other statutes are imposed upon a planning commission may, in a code city, be performed by a planning agency, as provided in this chapter. [1967 ex.s. c 119 § 35A.63.140.] 35A.63.140 35A.63.145 Prohibitions on manufactured homes— Review required—"Designated manufactured home" defined. (1) Each comprehensive plan which does not allow for the siting of manufactured homes on individual lots shall be subject to a review by the city of the need and demand for such homes. The review shall be completed by December 31, 1990. (2) For the purpose of providing an optional reference for cities which choose to allow manufactured homes on individual lots, a "designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which: (a) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; (b) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (c) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences. 35A.63.145 [Title 35A RCW—page 69] 35A.63.146 Title 35A RCW: Optional Municipal Code (3) Nothing in this section precludes cities from allowing any manufactured home from being sited on individual lots through local standards which differ from the designated manufactured home as described in this section, except that the term "designated manufactured home" shall not be used except as defined in subsection (2) of this section. [1988 c 239 § 2.] 35A.63.146 Manufactured housing communities— Elimination of existing community by code city prohibited. After June 10, 2004, a code city may designate a manufactured housing community as a nonconforming use, but may not order the removal or phased elimination of an existing manufactured housing community because of its status as a nonconforming use. [2004 c 210 § 2.] 35A.63.146 35A.63.149 Residential care facilities—Review of need and demand—Adoption of ordinances. Each municipality that does not provide for the siting of residential care facilities in zones or areas that are designated for single family or other residential uses, shall conduct a review of the need and demand for the facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 31, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990. On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted. [1989 c 427 § 37.] 35A.63.149 *Reviser’s note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Additional notes found at www.leg.wa.gov 35A.63.150 Public hearings. The legislative body may provide by ordinance for such additional public hearings and notice thereof as it deems to be appropriate in connection with any action contemplated under this chapter. [1967 ex.s. c 119 § 35A.63.150.] 35A.63.150 35A.63.152 Public notice—Identification of affected property. Any notice made under chapter 35A.63 RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means. [1988 c 168 § 10.] 35A.63.152 35A.63.160 Construction—1967 ex.s. c 119. This title is intended to implement and preserve to code cities all powers authorized by Article XI, section 11 of the Constitution of the state of Washington and the provision of this title shall not limit any code city from exercising its constitutionally 35A.63.160 [Title 35A RCW—page 70] granted power to plan for and to make and enforce within its limits all such local police, sanitary, and other regulations in the manner that its charter or ordinances may provide. [1967 ex.s. c 119 § 35A.63.160.] 35A.63.170 Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures. (1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to: (a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for or pertaining to development of land or land use; (b) Appeals of administrative decisions or determinations; and (c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW. The legislative body shall prescribe procedures to be followed by a hearing examiner. If the legislative authority vests in a hearing examiner the authority to hear and decide variances, then the provisions of RCW 35A.63.110 shall not apply to the city. (2) Each city legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. The legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following: (a) The decision may be given the effect of a recommendation to the legislative body; (b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or (c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative body. (3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city’s comprehensive plan and the city’s development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings. [1995 c 347 § 424; 1994 c 257 § 7; 1977 ex.s. c 213 § 2.] 35A.63.170 Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. Additional notes found at www.leg.wa.gov 35A.63.200 Conformance with chapter 43.97 RCW required. With respect to the National Scenic Area, as defined in the Columbia River Gorge National Scenic Area 35A.63.200 (2010 Ed.) Planning and Zoning in Code Cities Act, P.L. 99-663, the exercise of any power or authority by a city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and with the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 7.] 35A.63.210 Child care facilities—Review of need and demand—Adoption of ordinances. Each municipality that does not provide for the siting of family day care homes in zones or areas that are designated for single family or other residential uses, and for the siting of mini-day care centers and day care centers in zones or areas that are designated for any residential or commercial uses, shall conduct a review of the need and demand for child care facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 31, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990. On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted. [1989 c 335 § 5.] 35A.63.210 *Reviser’s note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Findings—Purpose—Severability—1989 c 335: See notes following RCW 35.63.170. Definitions for RCW 35A.63.210: See RCW 35.63.170. 35A.63.215 Family day-care provider’s home facility—City may not prohibit in residential or commercial area—Conditions. (1) Except as provided in subsections (2) and (3) of this section, no city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider’s home facility. (2) A city may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of early learning licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift. (3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property 35A.63.215 (2010 Ed.) 35A.63.250 owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute. (4) Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day-care provider’s home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 43.215.010. [2007 c 17 § 11; 2003 c 286 § 4; 1995 c 49 § 2; 1994 c 273 § 16.] 35A.63.220 Moratoria, interim zoning controls— Public hearing—Limitation on length. A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of [or] interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. [1992 c 207 § 3.] 35A.63.220 35A.63.230 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215(3). [1993 c 478 § 9.] 35A.63.230 35A.63.240 Treatment of residential structures occupied by persons with handicaps. No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602). [1993 c 478 § 21.] 35A.63.240 35A.63.250 Watershed restoration projects—Permit processing—Fish habitat enhancement project. A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat enhancement project meeting the criteria of *RCW 77.55.290(1) shall be reviewed and approved according to the provisions of *RCW 77.55.290. [2003 c 39 § 17; 1998 c 249 § 6; 1995 c 378 § 9.] 35A.63.250 [Title 35A RCW—page 71] 35A.63.260 Title 35A RCW: Optional Municipal Code *Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181 pursuant to 2005 c 146 § 1001. Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181. procedures therein prescribed and subject to any limitations therein provided. [1967 ex.s. c 119 § 35A.64.200.] Chapter 35A.65 35A.63.260 Planning regulations—Copies provided to county assessor. By July 31, 1997, a code city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the code city’s comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year. [1996 c 254 § 4.] 35A.63.260 35A.63.270 General aviation airports. Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 § 4.] 35A.63.270 35A.63.280 Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special use permit application under this chapter that is requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before an appeal may be filed. [1998 c 119 § 2.] 35A.63.280 Chapter 35A.64 RCW PUBLIC PROPERTY, REAL AND PERSONAL Chapter 35A.64 Sections 35A.64.010 35A.64.020 35A.64.180 35A.64.200 Acquisition of by conditional sales contracts. Purchase of products made by blind. Disinfection of property. Eminent domain by cities. 35A.64.010 Acquisition of by conditional sales contracts. A code city may exercise the powers relating to acquisition of real or personal property under executory conditional sales contracts as authorized by RCW 39.30.010. [1967 ex.s. c 119 § 35A.64.010.] 35A.64.010 35A.64.020 Purchase of products made by blind. A code city may exercise the powers relating to the acquisition of products made by the blind as authorized by RCW 19.06.020. [1967 ex.s. c 119 § 35A.64.020.] 35A.64.020 35A.64.180 Disinfection of property. Every code city shall disinfect or destroy all infected trees or shrubs growing upon public property within the city’s jurisdiction and may expend city funds in carrying out the provisions of this section, and shall otherwise be governed by the provisions of chapter 15.08 RCW relating to horticultural pests and diseases. [1967 ex.s. c 119 § 35A.64.180.] 35A.64.180 35A.64.200 Eminent domain by cities. A code city may exercise all powers relating to eminent domain as authorized by chapters 8.12 and 8.28 RCW in accordance with the 35A.64.200 [Title 35A RCW—page 72] Chapter 35A.65 RCW PUBLICATION AND PRINTING Sections 35A.65.010 Public printing. 35A.65.020 Publication of legal notice. 35A.65.010 Public printing. All printing, binding and stationery work done for any code city shall be done within the state and all proposals, requests and invitations to submit bids, prices or contracts thereon and all contracts for such work shall so stipulate subject to the limitations contained in RCW 43.78.130 and 35.23.352. [1967 ex.s. c 119 § 35A.65.010.] 35A.65.010 35A.65.020 Publication of legal notice. The publication of a legal notice required by general law or by a code city ordinance shall be in a newspaper of general circulation within the city having the qualifications prescribed by chapter 65.16 RCW and shall be governed by the provisions thereof as the same relate to a city of any class. [1967 ex.s. c 119 § 35A.65.020.] 35A.65.020 Chapter 35A.66 Chapter 35A.66 RCW HEALTH AND SAFETY—ALCOHOL Sections 35A.66.010 Alcoholism—Standards for institutions. 35A.66.020 Liquors, local option on sale of—Enforcement of state laws, sharing proceeds of liquor profits and excise tax. 35A.66.010 Alcoholism—Standards for institutions. In addition to regulating the use of alcoholic beverages, a code city may exercise the powers relating to prescribing standards for institutions for treating alcoholism as authorized by RCW 71.12.550. [1967 ex.s. c 119 § 35A.66.010.] 35A.66.010 35A.66.020 Liquors, local option on sale of— Enforcement of state laws, sharing proceeds of liquor profits and excise tax. The qualified electors of any code city may petition for an election upon the question of whether the sale of liquor shall be permitted within the boundaries of such city as provided by chapter 66.40 RCW, and shall be governed by the procedure therein, and may regulate music, dancing and entertainment as authorized by RCW 66.28.080: PROVIDED, That every code city shall enforce state laws relating to the investigation and prosecution of all violations of Title 66 RCW relating to control of alcoholic beverages and shall be entitled to retain the fines collected therefrom as therein provided. Every code city shall also share in the allocation and distribution of liquor profits and excise as provided in RCW 82.08.170, 66.08.190, and 66.08.210, and make reports of seizure as required by RCW 66.32.090, and otherwise regulate by ordinances not in conflict with state law or liquor board regulations. [1967 ex.s. c 119 § 35A.66.020.] 35A.66.020 State liquor control board: Chapter 66.08 RCW. (2010 Ed.) Recreation and Parks Chapter 35A.67 Chapter 35A.67 RCW RECREATION AND PARKS Sections 35A.67.010 Parks, beaches and camps. 35A.67.010 Parks, beaches and camps. In addition to exercising all powers relating to the acquisition of land, the improvement and operation thereof, or cooperation with other taxing districts in connection with park or recreation facilities, any code city may exercise the powers relating to acquisition and operation of recreational facilities, establishment and operation of public camps, and contracting with other taxing or governmental agencies for the acquisition or operation of public parks, camps and recreational facilities as authorized by chapter 67.20 RCW, in accordance with the procedures prescribed in and authorized by *RCW 79.08.080 and 79.08.090 in the application for use of state-owned tide or shorelands for a municipal park or playground purposes. [1967 ex.s. c 119 § 35A.67.010.] 35A.67.010 *Reviser’s note: RCW 79.08.080 and 79.08.090 were recodified as RCW 79.94.175 and 79.94.181 pursuant to 2003 c 334 § 570. RCW 79.94.175 and 79.94.181 were subsequently recodified as RCW 79.125.710 and 79.125.720 pursuant to 2005 c 155 § 1008. Acquisition of interests in land for conservation, protection, preservation, or open space purposes by cities: RCW 64.04.130. Chapter 35A.68 Chapter 35A.68 RCW CEMETERIES AND MORGUES Sections 35A.68.010 Acquisition—Care and investment of funds. 35A.68.010 Acquisition—Care and investment of funds. A code city may exercise the powers to acquire, own, improve, manage, operate and regulate real and personal property for the operation of the city morgue, cemetery or other place for the burial of the dead, to create cemetery boards or commissions, to establish and manage funds for cemetery improvement and care and to make all necessary or desirable rules and regulations concerning the control and management of burial places and the investment of funds relating thereto and accounting therefor as is authorized by chapter 68.52 RCW, RCW 35.22.280, 35.23.440, *35.24.300 and 35.27.370(2) in accordance with the procedures and requirements prescribed by said laws and authority to be included within a cemetery district as authorized and conformed to the requirements of Title 68 RCW. [1987 c 331 § 80; 1967 ex.s. c 119 § 35A.68.010.] 35A.68.010 *Reviser’s note: RCW 35.24.300 was recodified as RCW 35.23.452 pursuant to 1994 c 81 § 90. Additional notes found at www.leg.wa.gov Chapter 35A.69 Chapter 35A.69 RCW FOOD AND DRUG Sections 35A.69.010 Powers and duties prescribed. 35A.69.010 Powers and duties prescribed. Every code city shall have the powers, perform the functions and 35A.70.050 duties and enforce the regulations prescribed by general laws relating to food and drugs for any class of city as provided by Title 69 RCW; relating to water pollution control as provided by chapter 90.48 RCW; and relating to food fish and shellfish as provided by Title 77 RCW. [2003 c 39 § 18; 1999 c 291 § 31; 1994 c 143 § 512. Prior: 1983 1st ex.s. c 46 § 177; 1983 c 3 § 71; 1967 ex.s. c 119 § 35A.69.010.] Chapter 35A.70 Chapter 35A.70 RCW HEALTH AND SAFETY Sections 35A.70.010 35A.70.020 35A.70.040 35A.70.050 35A.70.060 35A.70.070 Waters within city—City’s water supply. Regulating boarding homes. Buildings, construction standards. City electrical code—State safety regulations. Elevators, moving walks. Public health and safety, general laws applicable. 35A.70.010 Waters within city—City’s water supply. Every code city shall have authority to protect waters within the city or comprising part of the city’s water supply pursuant to the authority provided therefor by RCW 9.66.050, 54.16.050, 69.30.130, *57.08.010, 8.12.030, 70.54.010 and 70.54.030. [1996 c 230 § 1606; 1967 ex.s. c 119 § 35A.70.010.] 35A.70.010 *Reviser’s note: RCW 57.08.010 was repealed by 1996 c 230 § 1703, effective July 1, 1997. For later enactment, see RCW 57.08.005. Additional notes found at www.leg.wa.gov 35A.70.020 Regulating boarding homes. A code city may exercise the powers relating to enforcement of regulations for boarding homes as authorized by *RCW 18.20.100, in accordance with the procedures therein prescribed and subject to any limitations therein provided. [1967 ex.s. c 119 § 35A.70.020.] 35A.70.020 *Reviser’s note: RCW 18.20.100 was repealed by 2000 c 47 § 10, effective July 1, 2000. 35A.70.040 Buildings, construction standards. In addition to other provisions of the law granting authority and imposing duties, a code city may exercise the powers relating to providing standards for the construction of buildings as provided in chapter 70.86 RCW and shall report the issuance of building permits for new construction as required by *RCW 36.21.040 through 36.21.060. [1967 ex.s. c 119 § 35A.70.040.] 35A.70.040 *Reviser’s note: RCW 36.21.040 through 36.21.060 were repealed by 1989 c 246 § 8. 35A.70.050 City electrical code—State safety regulations. Every code city may adopt ordinances regulating or otherwise controlling the installation of electrical wiring, equipment, apparatus or appliances as authorized by *RCW 19.28.360 and by other general law and shall obey, observe and comply with every order, approval, direction or requirement made by the director or the commission under authority of chapter 19.29 RCW. [1967 ex.s. c 119 § 35A.70.050.] 35A.70.050 35A.69.010 (2010 Ed.) *Reviser’s note: RCW 19.28.360 was recodified as RCW 19.28.141 pursuant to 2000 c 238 § 102. [Title 35A RCW—page 73] 35A.70.060 Title 35A RCW: Optional Municipal Code 35A.70.060 35A.70.060 Elevators, moving walks. All conveyances owned or operated by code cities as defined by the provisions of chapter 70.87 RCW, shall be subject to the provisions of that chapter to the extent specifically provided for therein. [1967 ex.s. c 119 § 35A.70.060.] Chapter 35A.79 RCW PROPERTY AND MATERIALS Sections 35A.79.010 Powers to acquire, use and manage. 35A.79.020 Authority to transfer real property. 35A.79.010 Powers to acquire, use and manage. A code city shall have all powers provided by general law to cities of any class relating to the receipt of donations of money and property, the acquisition, leasing and disposition of municipal property, both real and personal, including, but not limited to, the following: (1) Intergovernmental leasing, transfer or disposition of property as provided by chapter 39.33 RCW; (2) disposition of unclaimed property as provided by chapters 63.32 and 63.21 RCW; (3) disposition of local improvement district foreclosures as provided by chapter 35.53 RCW; (4) materials removed from public lands as provided by *RCW 79.90.150; (5) purchase of federal surplus property as provided by chapter 39.32 RCW; and (6) land for recreation as provided by **chapter 43.99 RCW. A code city in connection with the acquisition of property shall be subject to provisions relating to tax liens as provided by RCW 84.60.050 and 84.60.070. The general law relating to the damage or destruction of public property of a code city or interferences with the duties of a police or other officer shall relate to code city’s properties and officers to the same extent as such laws apply to any class of city, its property or officers. [1983 c 3 § 72; 1979 ex.s. c 30 § 3; 1967 ex.s. c 119 § 35A.79.010.] 35A.79.010 35A.70.070 35A.70.070 Public health and safety, general laws applicable. Every code city may exercise the powers authorized and shall perform the duties imposed upon cities of like population relating to the public health and safety as provided by Title 70 RCW and, without limiting the generality of the foregoing, shall: (1) Organize boards of health and appoint a health officer with the authority, duties and functions as provided in chapter 70.05 RCW, or provide for combined citycounty health departments as provided and in accordance with the provisions of chapter 70.08 RCW; (2) contribute and participate in public health pooling funds as authorized by chapter 70.12 RCW; (3) control and provide for treatment of *venereal diseases as authorized by chapter 70.24 RCW; (4) provide for the care and control of tuberculosis as provided in chapters 70.28, 70.30, **70.32, and 70.54 RCW; (5) participate in health districts as authorized by chapter 70.46 RCW; (6) exercise control over water pollution as provided in chapter 35.88 RCW; (7) for all code cities having a population of more than twenty thousand serve as a primary district for registration of vital statistics in accordance with the provisions of chapter 70.58 RCW; (8) observe and enforce the provisions relating to fireworks as provided in chapter 70.77 RCW; (9) enforce the provisions relating to swimming pools provided in chapter 70.90 RCW; (10) enforce the provisions of chapter 18.20 RCW when applicable; (11) perform the functions relating to mentally ill prescribed in chapters 72.06 and 71.12 RCW; (12) cooperate with the state department of social and health services in mosquito control as authorized by RCW 70.22.060; and (13) inspect nursing homes as authorized by RCW 18.51.145. [1987 c 223 § 4; 1985 c 213 § 12; 1981 1st ex.s. c 2 § 25; 1979 c 141 § 42; 1967 ex.s. c 119 § 35A.70.070.] Reviser’s note: *(1) The term "venereal diseases" was changed to "sexually transmitted diseases" by 1988 c 206. **(2) Chapter 70.32 RCW was repealed and/or recodified in its entirety pursuant to 1999 c 172. Additional notes found at www.leg.wa.gov Chapter 35A.74 Chapter 35A.79 Chapter 35A.74 RCW WELFARE Sections 35A.74.010 General law applicable. Reviser’s note: *(1) RCW 79.90.150 was recodified as RCW 79.140.110 pursuant to 2005 c 155 § 1011. **(2) Chapter 43.99 RCW was recodified as chapter 79A.25 RCW pursuant to 1999 c 249 § 1601. 35A.79.020 Authority to transfer real property. Code cities are authorized to transfer real property pursuant to RCW 43.99C.070 and 43.83D.120. [2006 c 35 § 11.] 35A.79.020 Findings—2006 c 35: See note following RCW 43.99C.070. Chapter 35A.80 Chapter 35A.80 RCW PUBLIC UTILITIES Sections 35A.80.010 General laws applicable. 35A.80.020 Electric energy. 35A.80.030 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts. 35A.80.040 Code cities encouraged to provide utility customers with landscaping information and to request voluntary donations for urban forestry. 35A.80.050 Purchase of electric power and energy from joint operating agency. 35A.80.010 General laws applicable. A code city may provide utility service within and without its limits and exercise all powers to the extent authorized by general law for any class of city or town. The cost of such improvements may be financed by procedures provided for financing local improvement districts in chapters 35.43 through 35.54 RCW and by revenue and refunding bonds as authorized by chapters 35.41, 35.67 and 35.89 RCW and Title 85 RCW. A code city may protect and operate utility services as authorized by 35A.80.010 35A.74.010 35A.74.010 General law applicable. Code cities may exercise authority granted by general law and available to any class of city for the relief of the poor and destitute, including, but not limited to the provisions of *RCW 74.04.390 through 74.04.470. [1967 ex.s. c 119 § 35A.74.010.] *Reviser’s note: RCW 74.04.390 through 74.04.470 were repealed by 1991 c 126 § 11. [Title 35A RCW—page 74] (2010 Ed.) Public Transportation chapters 35.88, 35.91, 35.92, and 35.94 RCW and may acquire and damage property in connection therewith as provided by chapter 8.12 RCW and shall be governed by the regulations of the department of ecology as provided in RCW 90.48.110. [1988 c 127 § 2; 1967 ex.s. c 119 § 35A.80.010.] 35A.80.020 Electric energy. Any code city is authorized to enter into contracts or compacts with any commission or any operating agency or publicly or privately owned utility for the purchase and sale of electric energy or falling waters as provided in RCW 43.52.410 and chapter 35.84 RCW and to exercise any other authority granted to cities as provided in chapter 43.52 RCW. [1967 ex.s. c 119 § 35A.80.020.] 35A.82.020 energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument. [2003 c 138 § 7.] 35A.80.020 35A.80.030 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts. See RCW 87.03.825 through 87.03.840. 35A.80.030 35A.80.040 Code cities encouraged to provide utility customers with landscaping information and to request voluntary donations for urban forestry. (1) Code cities providing utility services under this chapter are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation. (2)(a) Code cities providing utility services under this chapter are encouraged to request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation. (b) Voluntary donations collected by code cities under this section may be used by the code city to: (i) Support the development and implementation of evergreen community ordinances, as that term is defined in RCW 35.105.010, for cities, towns, or counties within their service areas; or (ii) Complete projects consistent with the model evergreen community management plans and ordinances developed under RCW 35.105.050. (c) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW. [2008 c 299 § 20; 1993 c 204 § 3.] 35A.80.040 Short title—2008 c 299: See note following RCW 35.105.010. Findings—1993 c 204: See note following RCW 35.92.390. 35A.80.050 Purchase of electric power and energy from joint operating agency. A code city may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the code city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and 35A.80.050 (2010 Ed.) Chapter 35A.81 Chapter 35A.81 RCW PUBLIC TRANSPORTATION Sections 35A.81.010 Application of general law. 35A.81.010 Application of general law. Motor vehicles owned and operated by any code city shall be exempt from the provisions of chapter 81.80 RCW, except where specifically otherwise provided. Urban passenger transportation systems shall receive a refund of the amount of the motor vehicle fuel tax paid on each gallon of motor vehicle fuel used in such systems to the extent authorized by chapter 82.36 RCW. Notwithstanding any provision of the law to the contrary, every urban passenger transportation system as defined in RCW 82.38.080 shall be exempt from the provisions of chapter 82.38 RCW which requires the payment of use fuel taxes. [1983 c 3 § 73; 1967 ex.s. c 119 § 35A.81.010.] 35A.81.010 Chapter 35A.82 Chapter 35A.82 RCW TAXATION—EXCISES Sections 35A.82.010 35A.82.020 35A.82.025 35A.82.030 35A.82.040 35A.82.042 35A.82.050 35A.82.055 35A.82.060 35A.82.065 35A.82.070 State shared excises. Licenses and permits—Excises for regulation. Authority to regulate massage practitioners—Limitations. City and county retail sales excise tax and use tax. City and town license fees and taxes on financial institutions. City license fees or taxes on certain business activities to be at a single uniform rate. License fees or taxes upon certain business activities to be at single uniform rate. License fees or taxes on telephone business to be at uniform rate. License fees or taxes on telephone business—Imposition on certain gross revenues authorized—Limitations. Taxes on network telephone services. Taxes on telephone business—Deferral of rate reduction. 35A.82.010 State shared excises. A code city shall collect, receive and share in the distribution of state collected and distributed excise taxes to the same extent and manner as general laws relating thereto apply to any class of city or town including, but not limited to, funds distributed to cities under RCW 82.36.020 relating to motor vehicle fuel tax, RCW 82.38.290 relating to use fuel tax, and RCW 82.36.275 and 82.38.080(3). [1998 c 176 § 2; 1995 c 274 § 4; 1985 c 7 § 102; 1983 c 3 § 74; 1967 ex.s. c 119 § 35A.82.010.] 35A.82.010 Rules—Findings—Effective date—1998 c 176: See RCW 82.36.800, 82.36.900, and 82.36.901. 35A.82.020 Licenses and permits—Excises for regulation. A code city may exercise the authority authorized by general law for any class of city to license and revoke the same for cause, to regulate, make inspections and to impose excises for regulation or revenue in regard to all places and 35A.82.020 [Title 35A RCW—page 75] 35A.82.025 Title 35A RCW: Optional Municipal Code kinds of business, production, commerce, entertainment, exhibition, and upon all occupations, trades and professions and any other lawful activity: PROVIDED, That no license or permit to engage in any such activity or place shall be granted to any who shall not first comply with the general laws of the state. No such license shall be granted to continue for longer than a period of one year from the date thereof and no license or excise shall be required where the same shall have been preempted by the state, nor where exempted by the state, including, but not limited to, the provisions of RCW 36.71.090 and chapter 73.04 RCW relating to veterans. [1967 ex.s. c 119 § 35A.82.020.] 35A.82.025 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitioner seeking a city license to operate a massage business must provide verification of his or her state massage license as provided for in RCW 18.108.030. (2) The city may charge a licensing or operating fee, but the fee charged a state licensed massage practitioner shall not exceed the licensing or operating fee imposed on similar health care providers, such as physical therapists or occupational therapists, operating within the same city. (3) A state licensed massage practitioner is not subject to additional licensing requirements not currently imposed on similar health care providers, such as physical therapists or occupational therapists. [1991 c 182 § 2.] 35A.82.025 Reviser’s note: 1991 c 182 directed that this section be added to chapter 35A.11 RCW. This section has been codified as a part of chapter 35A.82 RCW, which relates more directly to code city licensing authority. 35A.82.030 City and county retail sales excise tax and use tax. See chapter 82.14 RCW. 35A.82.030 35A.82.040 City and town license fees and taxes on financial institutions. See chapter 82.14A RCW. 35A.82.040 35A.82.042 City license fees or taxes on certain business activities to be at a single uniform rate. See RCW 35.21.710. 35A.82.042 35A.82.050 License fees or taxes upon certain business activities to be at single uniform rate. Any code city which imposes a license fee or tax upon business activities consisting of the making of retail sales of tangible personal property which are measured by gross receipts or gross income from such sales, shall impose such tax at a single uniform rate upon all such business activities. This section shall not apply to any business activities subject to the tax imposed by chapter 82.16 RCW. For purposes of this section, the providing to consumers of competitive telephone service, as defined in RCW 82.04.065, or the providing of payphone service as defined in RCW 35.21.710, shall be subject to tax at the same rate as business activities consisting of the making of retail sales of tangible personal property. [2002 c 179 § 3; 1983 2nd ex.s. c 3 § 34; 1981 c 144 § 7; 1972 ex.s. c 134 § 7.] 35A.82.050 Effective date—2002 c 179: See note following RCW 35.21.710. Additional notes found at www.leg.wa.gov 35A.82.055 License fees or taxes on telephone business to be at uniform rate. Any code city which imposes a license fee or tax upon the business activity of engaging in the telephone business, as defined in RCW 82.16.010, which is measured by gross receipts or gross income from the business shall impose the tax at a uniform rate on all persons engaged in the telephone business in the code city. This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065 or to the providing of payphone service as defined in RCW 35.21.710. [2007 c 6 § 1012; 2002 c 179 § 4; 1983 2nd ex.s. c 3 § 36; 1981 c 144 § 9.] 35A.82.055 Part headings not law—Savings—Effective date—Severability— 2007 c 6: See notes following RCW 82.32.020. Findings—Intent—2007 c 6: See note following RCW 82.14.495. Effective date—2002 c 179: See note following RCW 35.21.710. Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010. Additional notes found at www.leg.wa.gov 35A.82.060 License fees or taxes on telephone business—Imposition on certain gross revenues authorized— Limitations. (1) Any code city which imposes a license fee or tax upon the business activity of engaging in the telephone business which is measured by gross receipts or gross income may impose the fee or tax, if it desires, on one hundred percent of the total gross revenue derived from intrastate toll telephone services subject to the fee or tax: PROVIDED, That the city shall not impose the fee or tax on that portion of network telephone service which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services, or charges for network telephone service that is purchased for the purpose of resale, or charges for mobile telecommunications services provided to customers whose place of primary use is not within the city. (2) Any city that imposes a license tax or fee under subsection (1) of this section has the authority, rights, and obligations of a taxing jurisdiction as provided in RCW 82.32.490 through 82.32.510. (3) The definitions in RCW 82.04.065 and 82.16.010 apply to this section. [2007 c 6 § 1014; 2007 c 6 § 1013; 2002 c 67 § 10; 1989 c 103 § 3; 1986 c 70 § 4; 1983 2nd ex.s. c 3 § 38; 1981 c 144 § 11.] 35A.82.060 Contingent effective date—2007 c 6 §§ 1003, 1006, 1014, and 1018: See note following RCW 82.04.065. Part headings not law—Savings—Effective date—Severability— 2007 c 6: See notes following RCW 82.32.020. Findings—Intent—2007 c 6: See note following RCW 82.14.495. Finding—Effective date—2002 c 67: See notes following RCW 82.04.530. Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010. Additional notes found at www.leg.wa.gov 35A.82.065 Taxes on network telephone services. Notwithstanding RCW 35.21.714 or 35A.82.060, any city or 35A.82.065 Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010. [Title 35A RCW—page 76] (2010 Ed.) Taxation—Property town which imposes a tax upon business activities measured by gross receipts or gross income from sales, may impose such tax on that portion of network telephone service, as defined in RCW 82.16.010, which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll services, or charges for network telephone service that is purchased for the purpose of resale. Such tax shall be levied at the same rate as is applicable to other competitive telephone service as defined in RCW 82.04.065. [2007 c 6 § 1015; 1989 c 103 § 4; 1986 c 70 § 5.] Part headings not law—Savings—Effective date—Severability— 2007 c 6: See notes following RCW 82.32.020. Findings—Intent—2007 c 6: See note following RCW 82.14.495. Additional notes found at www.leg.wa.gov 35A.82.070 Taxes on telephone business—Deferral of rate reduction. A city or town required by RCW 35.21.870(2) to reduce its rate of taxation on telephone business may defer for one year the required reduction in rates for the year 1987. If the delay in rate reductions authorized by the preceding sentence is inadequate for a code city to offset the impact of revenue reductions arising from the removal of revenues from connecting fees, switching charges, or carrier access charges under the provisions of RCW 35A.82.060, then the legislative body of such code city may reimpose for 1987 the rates that such code city had in effect upon telephone business during 1985. In each succeeding year, the city or town shall reduce the rate by one-tenth of the difference between the tax rate on April 20, 1982, and six percent. [1986 c 70 § 6.] 35A.82.070 Chapter 35A.84 Chapter 35A.84 RCW TAXATION—PROPERTY Sections 35A.84.010 Procedure and rules relating to ad valorem taxes. 35A.84.020 Assessment for and collection of ad valorem taxes. 35A.84.030 Ex officio collector of code city taxes. 35A.88.030 the lien of taxes and the priority thereof; (14) chapter 84.69 RCW, relating to refunds and claims therefor against the code city; and (15) RCW 41.16.060, relating to taxation for **firemen’s pension fund. [1967 ex.s. c 119 § 35A.84.010.] Reviser’s note: *(1) Chapter 84.24 RCW was repealed by 1994 c 124 § 42. **(2) The "firemen’s pension fund" was changed to the "firefighters’ pension fund" by 2007 c 218 § 22. 35A.84.020 Assessment for and collection of ad valorem taxes. For the purpose of assessment of all property in all code cities, other than code cities having a population of more than twenty thousand inhabitants, the county assessor of the county wherein such code city is situated shall be the ex officio assessor, and as to the code cities having a population of more than twenty thousand inhabitants such county assessor shall perform the duties as provided in *RCW 36.21.020. [1967 ex.s. c 119 § 35A.84.020.] 35A.84.020 *Reviser’s note: RCW 36.21.020 was repealed by 1994 c 301 § 57. 35A.84.030 Ex officio collector of code city taxes. The treasurer of the county wherein a code city is situated shall be the ex officio collector of such code city’s taxes and give bond, and account for the city’s funds as provided in chapter 36.29 RCW. [1967 ex.s. c 119 § 35A.84.030.] 35A.84.030 Chapter 35A.88 Chapter 35A.88 RCW HARBORS AND NAVIGATION Sections 35A.88.010 Discharge of ballast. 35A.88.020 Wharves and landings. 35A.88.030 General laws applicable. 35A.88.010 Discharge of ballast. A code city may exercise the powers relating to regulation of discharge of ballast in harbors within or in front of such city as authorized by RCW 88.28.060. [1967 ex.s. c 119 § 35A.88.010.] 35A.88.010 35A.88.020 Wharves and landings. A code city shall have and exercise all powers granted by general laws to cities and towns of any class relative to docks and other appurtenances to harbor and shipping, including but not limited to, the provisions of RCW 35.22.280, 35.23.440, *35.24.290, and 88.24.030. [1967 ex.s. c 119 § 35A.88.020.] 35A.88.020 35A.84.010 Procedure and rules relating to ad valorem taxes. The taxation of property in code cities shall be governed by general provisions of the law including, but not limited to, the provisions of: (1) Chapter 84.09 RCW, relating to the time for establishment of official boundaries of taxing districts on the first day of March of each year; (2) chapter 84.12 RCW relating to the assessment and taxation of public utilities; (3) chapter 84.16 RCW, relating to the apportionment of taxation on private car companies; (4) chapter 84.20 RCW, relating to the taxation of easements of public utilities; (5) *chapter 84.24 RCW, relating to the reassessment of property; (6) chapter 84.36 RCW, relating to property subject to taxation and exemption therefrom; (7) chapter 84.40 RCW relating to the listing of property for assessment; (8) chapter 84.41 RCW, relating to reevaluation of property; (9) chapter 84.44 RCW, relating to the taxable situs of personalty; (10) chapter 84.48 RCW, relating to the equalization of assessments; (11) chapter 84.52 RCW, relating to the levy of taxes, both regular and excess; (12) chapter 84.56 RCW, relating to the collection of taxes; (13) chapter 84.60 RCW, relating to 35A.84.010 (2010 Ed.) *Reviser’s note: RCW 35.24.290 was repealed by 1994 c 81 § 89. 35A.88.030 General laws applicable. General laws relating to harbor areas within cities, including but not limited to, chapter 36.08 RCW relating to transfer of territory lying in two or more counties; *RCW 79.92.110 relating to disposition of rental from leasehold in the harbor areas; and RCW 88.32.240 and 88.32.250 relating to joint planning by cities and counties shall apply to, benefit and obligate code cities to the same extent as such general laws apply to any class of city. [1985 c 7 § 103; 1983 c 3 § 75; 1967 ex.s. c 119 § 35A.88.030.] 35A.88.030 *Reviser’s note: RCW 79.92.110 was recodified as RCW 79.115.150 pursuant to 2005 c 155 § 1006. [Title 35A RCW—page 77] Chapter 35A.90 Chapter 35A.90 Title 35A RCW: Optional Municipal Code Chapter 35A.90 RCW CONSTRUCTION Sections 35A.90.010 Becoming code city—Rights, actions saved—Continuation of ordinances. 35A.90.020 Invalidity of part of title not to affect remainder. 35A.90.030 Title, chapter, section headings not part of law. 35A.90.040 Effective date—1967 ex.s. c 119. 35A.90.050 Severability—1971 ex.s. c 251. 35A.90.010 Becoming code city—Rights, actions saved—Continuation of ordinances. Unless otherwise provided by this title, the election by a city or town to become a code city and to be governed by this title shall not affect any right or liability either in favor of or against such city or town existing at the time, nor any civil or criminal proceeding involving or relating to such city or town; and all rights and property of every description which were vested in such city or town immediately prior to becoming a code city shall continue to be vested in such code city; and all charter provisions, ordinances, resolutions, rules, regulations, or orders lawfully in force in such city or town at the time of becoming a code city, and not inconsistent with or repugnant to this title, shall continue in force in such code city until amended or repealed as provided by law. [1967 ex.s. c 119 § 35A.90.010.] 35A.90.010 35A.90.020 Invalidity of part of title not to affect remainder. If any provision, section, or chapter of this title or its application to any person or circumstance is held invalid, the remainder of the provision, section, chapter, or title, or the application thereof to other persons or circumstances is not affected. [1967 ex.s. c 119 § 35A.90.020.] 35A.90.020 35A.90.030 Title, chapter, section headings not part of law. Title headings, chapter headings, and section or subsection headings, as used in this title, do not constitute any part of the law. [1967 ex.s. c 119 § 35A.90.030.] 35A.90.030 35A.90.040 Effective date—1967 ex.s. c 119. The effective date of this act shall be July 1, 1969. [1967 ex.s. c 119 § 35A.90.040.] 35A.90.040 35A.90.050 Severability—1971 ex.s. c 251. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 251 § 17.] 35A.90.050 Chapter 35A.92 Chapter 35A.92 RCW FIRE DEPARTMENTS— PERFORMANCE MEASURES Sections 35A.92.010 35A.92.020 35A.92.030 35A.92.040 35A.92.050 35A.92.900 Intent. Definitions. Policy statement—Service delivery objectives. Annual evaluations—Annual report. Maintenance of response times in newly annexed areas— Firefighter transfers. Part headings not law—2005 c 376. [Title 35A RCW—page 78] 35A.92.010 Intent. The legislature intends for code cities to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments. The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before flash-over is a critical event during the mitigation of an emergency, and is in the public’s best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any way modify or limit the authority of code cities to set levels of service. [2005 c 376 § 201.] 35A.92.010 35A.92.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advanced life support" means functional provision of advanced airway management, including intubation, advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug therapy. (2) "Aircraft rescue and firefighting" means the firefighting actions taken to rescue persons and to control or extinguish fire involving or adjacent to aircraft on the ground. (3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins four to six minutes after cardiac arrest. (4) "Code city" means a code city that provides fire protection services, which may include firefighting actions, emergency medical services, and other special operations, in a specified geographic area. (5) "Fire department" means a code city fire department responsible for firefighting actions, emergency medical services, and other special operations in a specified geographic area. The department must be a substantially career fire department, and not a substantially volunteer fire department. (6) "Fire suppression" means the activities involved in controlling and extinguishing fires. (7) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability. (8) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room burst into flame and the fire spreads rapidly. (9) "Marine rescue and firefighting" means the firefighting actions taken to prevent, control, or extinguish fire involved in or adjacent to a marine vessel and the rescue actions for occupants using normal and emergency routes for egress. (10) "Response time" means the time immediately following the turnout time that begins when units are en route to 35A.92.020 (2010 Ed.) Fire Departments—Performance Measures 35A.92.900 the emergency incident and ends when units arrive at the scene. (11) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment. (12) "Turnout time" means the time beginning when units receive notification of the emergency to the beginning point of response time. [2005 c 376 § 202.] (2) Beginning in 2007, every code city shall issue an annual written report which shall be based on the annual evaluations required by subsection (1) of this section. (a) The annual report shall define the geographic areas and circumstances in which the requirements of this standard are not being met. (b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are necessary to achieve compliance. [2005 c 376 § 204.] 35A.92.030 Policy statement—Service delivery objectives. (1) Every code city shall maintain a written statement or policy that establishes the following: (a) The existence of a fire department; (b) Services that the fire department is required to provide; (c) The basic organizational structure of the fire department; (d) The expected number of fire department employees; and (e) Functions that fire department employees are expected to perform. (2) Every code city shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service components, if appropriate: (a) Fire suppression; (b) Emergency medical services; (c) Special operations; (d) Aircraft rescue and firefighting; (e) Marine rescue and firefighting; and (f) Wild land firefighting. (3) Every code city, in order to measure the ability to arrive and begin mitigation operations before the critical events of brain death or flash-over, shall establish time objectives for the following measurements: (a) Turnout time; (b) Response time for the arrival of the first arriving engine company at a fire suppression incident and response time for the deployment of a full first alarm assignment at a fire suppression incident; (c) Response time for the arrival of a unit with first responder or higher level capability at an emergency medical incident; and (d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department. (4) Every code city shall also establish a performance objective of not less than ninety percent for the achievement of each response time objective established under subsection (3) of this section. [2005 c 376 § 203.] 35A.92.050 Maintenance of response times in newly annexed areas—Firefighter transfers. Code cities conducting annexations of all or part of fire protection districts shall, at least through the budget cycle, or the following budget cycle if the annexation occurs in the last half of the current budget cycle, in which the annexation occurs, maintain existing fire protection and emergency services response times in the newly annexed areas consistent with response times recorded prior to the annexation as defined in the previous annual report for the fire protection district and as reported in RCW 52.33.040. If the code city is unable to maintain these service levels in the newly annexed area, the transfer of firefighters from the annexed fire protection district as a direct result of the annexation must occur as outlined in RCW 35A.14.485. [2009 c 60 § 12.] 35A.92.030 35A.92.050 35A.92.900 Part headings not law—2005 c 376. See RCW 35.103.900. 35A.92.900 35A.92.040 Annual evaluations—Annual report. (1) Every code city shall evaluate its level of service and deployment delivery and response time objectives on an annual basis. The evaluations shall be based on data relating to level of service, deployment, and the achievement of each response time objective in each geographic area within the code city’s jurisdiction. 35A.92.040 (2010 Ed.) [Title 35A RCW—page 79] Title 36 Chapters 36.01 36.04 36.05 36.08 36.09 36.12 36.13 36.16 36.17 36.18 36.21 36.22 36.23 36.24 36.26 36.27 36.28 36.28A 36.29 36.32 36.33 36.33A 36.34 36.35 36.36 36.37 36.38 36.39 36.40 36.42 36.43 36.45 36.47 36.48 36.49 36.50 36.53 36.54 36.55 36.56 36.57 36.57A 36.58 36.58A 36.60 36.61 36.62 36.63 36.64 36.65 36.67 36.68 36.69 36.70 (2010 Ed.) Title 36 COUNTIES 36.70A General provisions. County boundaries. Actions to establish boundaries. Transfer of territory where city’s harbor lies in two counties. New county—Liability for debts. Removal of county seats. Classification of counties. County officers—General. Salaries of county officers. Fees of county officers. County assessor. County auditor. County clerk. County coroner. Public defender. Prosecuting attorney. County sheriff. Association of sheriffs and police chiefs. County treasurer. County commissioners. County funds. Equipment rental and revolving fund. County property. Tax title lands. Aquifer protection areas. Agricultural fairs and poultry shows. Admissions tax. Assistance and relief. Budget. Retail sales and use taxes. Building codes and fire regulations. Claims against counties. Coordination of administrative programs. Depositaries. Dog license tax. Farm and home extension work. Ferries—Privately owned. Ferries—County owned. Franchises on roads and bridges. Metropolitan municipal corporation functions, etc.—Assumption by counties. County public transportation authority. Public transportation benefit areas. Solid waste disposal. Solid waste collection districts. County rail districts. Lake and beach management districts. Hospitals. Jails. Joint governmental activities. Combined city and county municipal corporations. Limitation of indebtedness—County bonds. Parks and recreational facilities. Park and recreation districts. Planning enabling act. 36.70B 36.70C 36.71 36.72 36.73 36.75 36.76 36.77 36.78 36.79 36.80 36.81 36.82 36.83 36.85 36.86 36.87 36.88 36.89 36.90 36.92 36.93 36.94 36.95 36.96 36.100 36.102 36.105 36.110 36.115 36.120 36.125 36.130 36.135 36.140 36.145 36.900 Growth management—Planning by selected counties and cities. Local project review. Judicial review of land use decisions. Peddlers’ and hawkers’ licenses. Printing. Transportation benefit districts. Roads and bridges—General provisions. Roads and bridges—Bonds. Roads and bridges—Construction. Roads and bridges—County road administration board. Roads and bridges—Rural arterial program. Roads and bridges—Engineer. Roads and bridges—Establishment. Roads and bridges—Funds—Budget. Roads and bridges—Service districts. Roads and bridges—Rights-of-way. Roads and bridges—Standards. Roads and bridges—Vacation. County road improvement districts. Highways—Open spaces—Parks—Other public facilities—Storm water control. Southwest Washington fair. County central services department. Local governmental organization—Boundaries—Review boards. Sewerage, water, and drainage systems. Television reception improvement districts. Dissolution of inactive special purpose districts. Public facilities districts. Stadium and exhibition centers. Community councils for unincorporated areas of island counties. Jail industries program. Service agreements. Regional transportation investment districts. Marine resources committees. Affordable housing developments. Local public works assistance funds. Electricity generation from biomass energy. Community facilities districts. Construction. Acquisition of interests in land for conservation, protection, preservation, or open space purposes by counties: RCW 64.04.130. open space, land, or rights to future development by counties, cities, or metropolitan municipal corporations, tax levy: RCW 84.34.200 through 84.34.240, 84.52.010. Air pollution control advisory council: RCW 70.94.240. Board of adjustment airport zoning: Chapter 14.12 RCW. county planning: RCW 35.63.080. equalization: Chapter 84.48 RCW. law library trustees: Chapter 27.24 RCW. library trustees: Chapter 27.12 RCW. management of detention facilities (counties with populations of one million or more): Chapter 13.20 RCW. [Title 36 RCW—page 1] Chapter 36.01 Title 36 RCW: Counties visitation under juvenile court act: RCW 13.04.180. Camping resort contracts—Nonapplicability of certain laws to—Club not subdivision except under city, county powers: RCW 19.105.510. School districts—Agreements with other governmental entities for transportation of students or the public or for other noncommon school purposes—Limitations: RCW 28A.160.120. Canvassing board generally: Chapter 29A.60 RCW. members: RCW 39.40.030. Tourism promotion areas: Chapter 35.101 RCW. Trade centers—Annual service fee—Distribution to counties: RCW 53.29.030. Civil service commission (sheriff’s office): Chapter 41.14 RCW. Transportation centers authorized: Chapter 81.75 RCW. Community mental health services act: Chapter 71.24 RCW. Unfit dwellings, buildings and structures: Chapter 35.80 RCW. Community renewal, application: RCW 35.81.015. Urban arterials, planning, funding, etc.: Chapter 47.26 RCW. Community services—Local funds for: Chapter 71.20 RCW. Validity of agreement to indemnify against liability for negligence relative to construction or improvement of roads: RCW 4.24.115. Counties may engage in probation and parole services: RCW 36.01.070. Counting board (election): RCW 29A.44.450, 29A.44.460. County and city tuberculosis hospital board of managers: Chapter 70.30 RCW. Youth agencies, joint establishment: RCW 35.21.630. Chapter 36.01 County committee on school district organization: Chapter 28A.315 RCW. Credit card use by local governments: RCW 43.09.2855. Crime-free rental housing: Chapter 35.106 RCW. Designation as authority or regional authority auditor under Washington Clean Air Act, duties: RCW 70.94.094. District health board: Chapter 70.46 RCW. Election board, precinct: Chapter 29A.44 RCW. Ferry system tariffs and charges review commission: RCW 47.60.300. Flood control zone district countywide advisory committee: RCW 86.15.070. Gambling activities, counties as affecting: Chapter 9.46 RCW. Game department lands, payments to counties in lieu of taxes: RCW 77.12.201. Heating systems authorized: RCW 35.97.020. Housing authority commission: Chapter 35.82 RCW. Industrial development revenue bonds: Chapter 39.84 RCW. Intercounty rural library district board of trustees: Chapter 27.12 RCW. Joint operations by political subdivisions, deposit and control of funds: RCW 43.09.285. Sections 36.01.010 36.01.020 36.01.030 36.01.040 36.01.050 36.01.060 36.01.070 36.01.080 36.01.085 36.01.090 36.01.095 36.01.100 36.01.104 36.01.105 36.01.110 36.01.115 Labor relations consultants: RCW 43.09.230. 36.01.120 36.01.125 Legal aid committee: Chapter 2.50 RCW. 36.01.130 Local adopt-a-highway programs: RCW 47.40.105. Material removed for channel or harbor improvement, or flood control— Use for public purpose: RCW 79.140.110. Mental health and retardation services—Interstate contracts by boundary counties: RCW 71.28.010. Multi-purpose community centers, counties may establish: Chapter 35.59 RCW. Municipalities—Energy audits and efficiency: RCW 43.19.691. Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW. Planning commission: Chapter 35.63 RCW; chapter 36.70 RCW. Pollution control—Municipal bonding authority: Chapter 70.95A RCW. 36.01.150 36.01.160 36.01.170 36.01.180 36.01.190 36.01.200 36.01.210 36.01.220 36.01.225 Precinct election board: Chapter 29A.44 RCW. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Public buildings, provision to be made for use by aged and individuals with disabilities: Chapter 70.92 RCW. Public hospital district commission: Chapter 70.44 RCW. 36.01.230 36.01.240 36.01.250 36.01.260 36.01.270 Redistricting by local governments and municipal corporations—Census information for—Plan, prepared when, criteria for, hearing on, request for review of, certification, remand—Sanctions when review request frivolous: RCW 29A.76.010. 36.01.280 Regional planning commission: RCW 35.63.070, 36.70.060. Registration of contractor required before issuance of building permit: RCW 18.27.110. 36.01.300 36.01.310 Reports, claims, etc., filing: RCW 1.12.070. [Title 36 RCW—page 2] Chapter 36.01 RCW GENERAL PROVISIONS 36.01.290 Corporate powers. Corporate name. Powers—How exercised. Conveyances for use of county. Venue of actions by or against counties. County liable for certain court costs. Probation and parole services. Parking facilities—Construction, operation and rental charges. Economic development programs. Tourist promotion. Emergency medical services—Authorized—Fees. Ambulance service authorized—Restriction. Levy for emergency medical care and services. Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial and other assistance authorized. Federal grants and programs—Powers and authority of counties to participate in—Public corporations, commissions or authorities. Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. Foreign trade zones—Legislative finding, intent. Foreign trade zones—Authority to apply for permission to establish, operate and maintain. Controls on rent for residential structures—Prohibited— Exceptions. Facilitating recovery from Mt. St. Helens eruption—Scope of local government action. Penalty for act constituting a crime under state law—Limitation. Administration of trusts benefiting school districts. Zoo and aquarium advisory authority—Constitution—Terms. Initial meeting of zoo and aquarium advisory authority— Expenditure of funds—Powers. Federal funds designated for state schools—Use limited to reduction of outstanding debt obligations of school districts. Rail fixed guideway system—Safety program plan and security and emergency preparedness plan. Mobile home, manufactured home, or park model moving or installing—Copies of permits—Definitions. Authority to regulate placement or use of homes—Regulation of manufactured homes—Restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences. Cooperative watershed management. Regulation of financial transactions—Limitations. Environmental mitigation activities. Evergreen community ordinances. Contractors—Authority of county to verify registration and report violations. Community athletics programs—Sex discrimination prohibited. Temporary encampments for the homeless—Hosting by religious organizations authorized—Prohibitions on local actions. State and federal background checks of license applicants and licensees of occupations under local licensing authority. Accessible community advisory committees. Accounts of county, examination of: RCW 43.09.260. (2010 Ed.) General Provisions Actions by and against counties, limitations on: Chapter 4.16 RCW. public corporations (counties): RCW 4.08.110, 4.08.120. Aeronautics facilities of counties to be made available to department of transportation: RCW 47.68.300. Agricultural fairs, county participation: Chapter 15.76 RCW. Aircraft excise tax, county exemption: RCW 82.48.100. Airport zoning: Chapter 14.12 RCW. Ambulance service for second-class cities, county may provide: RCW 35.23.456. Armories, county may expend money for site: RCW 38.20.030. Blind made products, services, county to procure when available: RCW 19.06.020. Boarding homes, county administration, when: Chapter 18.20 RCW. Chapter 36.01 diking, drainage or sewerage improvement assessments, as subject to: RCW 85.08.500, 85.08.530. diking and drainage intercounty districts assessments, as subject to: RCW 85.24.240. diking district act, as subject to: RCW 85.05.080, 85.05.380, 85.05.390. drainage district act, as subject to: RCW 85.06.350, 85.06.360. eminent domain by cities of: Chapter 8.12 RCW. eminent domain by public waterway districts of: Chapter 91.08 RCW. flood control district assessments, as subject to: RCW 86.09.526, 86.09.529. lease of for underground storage of natural gas: RCW 80.40.070. pest district assessments, as subject to: RCW 17.12.080. public waterway district assessments, as subject to: RCW 91.08.570, 91.08.575. right of entry on given department of transportation: RCW 47.01.170. rights-of-way over by diking districts: RCW 85.05.080. subject to diking, drainage or sewerage improvement assessments, resale of or lease of by county: RCW 85.08.500. weed control district assessments, as subject to: RCW 17.04.180. Bonds, county as insurance investments: RCW 48.13.040. election on, vote required: Chapter 39.40 RCW. form, sale, payment, etc.: Chapter 39.44 RCW. sale to federal government at private sale: Chapter 39.48 RCW. validation of: Chapter 39.90 RCW. County office, defined for public assistance purposes: RCW 74.04.005(3). Bonds of corporation not to be owned: State Constitution Art. 8 § 7. Bonds of federal agencies as county investment: Chapter 39.64 RCW. Credit not to be loaned: State Constitution Art. 8 § 7. Cemeteries private regulation of by county: RCW 68.20.080. public, and morgues, in counties: RCW 68.52.010, 68.52.020. Cemeteries and burial, public, all counties: RCW 68.52.030. Cemetery districts authorized for certain counties: Chapter 68.52 RCW. Children and youth services, county participation: RCW 72.05.160. Cities and towns agreements with county for planning, construction, etc., of streets: Chapter 35.77 RCW. community renewal, county participation: RCW 35.81.130. county aid on street construction, etc.: RCW 47.24.050. L.I.D. assessment lien, application on sale by county of tax lands: RCW 35.49.160. property held by under L.I.D. assessment lien not subject to county taxes: RCW 35.53.010. Cities may support county in which city-owned utility plant located: RCW 35.21.420 through 35.21.427. Civil service for sheriff’s office: Chapter 41.14 RCW. status retained when on emergency service work: RCW 38.52.140. Closed burning seasons in counties: RCW 76.04.205. Combined city and county municipal corporations: State Constitution Art. 11 § 16 (Amendment 58). Combined city-county health departments: Chapter 70.08 RCW. Community centers, counties may establish: Chapter 35.59 RCW. Community work and training programs, county participation in: Chapter 74.04 RCW. Contractors, regulation of, inapplicable to counties: RCW 18.27.090. Contracts contractor’s bond on: Chapter 39.08 RCW. county may perform work or services for department of transportation: RCW 47.01.210. executory conditional sales, for purchase of property for park or library purposes: RCW 39.30.010. public works, application to counties: Chapter 39.04 RCW. public works, reserve from amount due contractors to cover lien for labor, material or taxes: Chapter 60.28 RCW. County airport districts: Chapter 14.08 RCW. County and district fairs as agricultural fair classification: RCW 15.76.120. County government: State Constitution Art. 11. County lands acquisition of for state highways: RCW 47.12.040, 47.12.150. city or town L.I.D. assessments, as subject to: RCW 35.43.130, 35.44.140, 35.49.070. (2010 Ed.) County roads: Chapter 36.75 RCW. Court house, county to furnish: RCW 2.28.139. Debts of apportionment on division or enlargement: State Constitution Art. 11 § 3. limit of: State Constitution Art. 8 § 6 (Amendment 27), Art. 7 § 2 (Amendments 55, 59). private property not to be taken in satisfaction of: State Constitution Art. 11 § 13. Dental hygienists, licensed, county may employ: RCW 18.29.050. Department of revenue, visitation to counties: RCW 84.08.010(3). Detention, house or room for, establishment of: RCW 13.04.135. Detention facilities, management of (counties with populations of one million or more): Chapter 13.20 RCW. Detention of state felons in county jails: Chapter 72.68 RCW. Diking and drainage intercounty districts: Chapter 85.24 RCW. Disinfection of county property as county duty: RCW 15.08.230. Disturbances at state penal facilities—Reimbursement to cities and counties for certain expenses incurred: RCW 72.72.050, 72.72.060. Electric franchises and rights-of-way, counties may grant: RCW 80.32.010. Electrical construction regulations applicable to counties: RCW 19.29.010. Emergency management, county participation: Chapter 38.52 RCW. Eminent domain airport purposes: Chapters 14.07, 14.08 RCW. flood control purposes: RCW 86.12.030. flood control purposes by counties jointly: RCW 86.13.040. generally: Chapter 8.08 RCW. military purposes: RCW 8.04.170, 8.04.180. of tidelands: RCW 88.24.070. parks, bathing beaches, public camps: RCW 67.20.010. wharves purposes: RCW 88.24.070. Existing counties recognized: State Constitution Art. 11 § 1. Family courts in: Chapter 26.12 RCW. Federal areas in counties, generally: Chapter 37.08 RCW. Federal property, purchase of from government by counties: Chapter 39.32 RCW. Fireworks, county participation in control: Chapter 70.77 RCW. Fiscal agent for: Chapter 43.80 RCW. Flood control county: Chapter 86.12 RCW. county participation with district: RCW 86.24.040. state and federal government: Chapter 86.24 RCW. districts (1937 act), public lands included in: RCW 86.09.013. maintenance, county participation with state: Chapter 86.26 RCW. Forest protection in counties: Chapter 76.04 RCW. [Title 36 RCW—page 3] Chapter 36.01 Title 36 RCW: Counties Fruit and vegetable inspection districts, counties constituting: RCW 15.17.230. Police and sanitary regulations, power to enforce: State Constitution Art. 11 § 11. Funding indebtedness in counties: Chapter 39.52 RCW. Port districts contracts or leases with counties by: RCW 53.08.070, 53.08.140, 53.08.240. motor vehicle regulation in by county authorities, procedure: RCW 53.08.230. regulations of, adoption as county ordinance: RCW 53.08.220. Group life insurance, public employee associations: RCW 48.24.060. Hospitals, private, for care of individuals with mental illness, alcoholics, county may prescribe standards: RCW 71.12.550. Housing authority generally: Chapter 35.82 RCW. property as exempt from county taxation: RCW 35.82.210. Housing cooperation law: Chapter 35.83 RCW. Indebtedness, county: State Constitution Art. 8. Printing for counties to be done in state: RCW 43.78.130. Public assistance as county function: RCW 74.04.040. county participation: Chapter 74.04 RCW. Industrial development districts, county lands may be conveyed to: Chapter 53.25 RCW. Public contracts and indebtedness: Title 39 RCW. Intercounty weed districts: Chapter 17.06 RCW. Public employees hospitalization and medical aid for: RCW 41.04.180, 41.04.190. interchange of personnel with federal agency, rights preserved: RCW 41.04.140 through 41.04.170. military leave for: RCW 38.40.060. minimum wage act, public employee exclusion: RCW 49.46.010. payroll deductions for: RCW 41.04.020, 41.04.036. public employees’ retirement system, county employees as members: RCW 41.40.062. retirement systems, retention of rights: Chapter 41.04 RCW. social security, federal coverage includes: Chapter 41.48 RCW. Intergovernmental disposition of property, county participation: RCW 39.33.010. Irrigation districts, cancellation of county taxes against, when: RCW 87.64.060. Island counties, refund of motor vehicle license and fuel tax fees to: RCW 46.68.080. Joint aid river and harbor improvements, county participation: RCW 88.32.230 through 88.32.235. Joint planning for improvement of navigable stream, county participation: RCW 88.32.240 through 88.32.250. Juvenile detention facility as mandatory county function: RCW 13.16.030. Leases, mineral and petroleum, on county land: Chapter 78.16 RCW. Leases of property, ballot proposition by jointly with city or town: RCW 35.42.200. from by city or town: RCW 35.42.200. Legal aid: Chapter 2.50 RCW. Legal publications of: Chapter 65.16 RCW. Libraries: Title 27 RCW. Lien for labor, material and taxes on public works: Chapter 60.28 RCW. Limitation of indebtedness of taxing districts: Chapter 39.36 RCW. Liquor revolving fund moneys, distribution to counties: Chapter 66.08 RCW. Local milk inspection service units: Chapter 15.36 RCW. Martial law, proclamation of county under: RCW 38.08.030. Metropolitan municipal corporations as borrowers from county: RCW 35.58.480. county participation: Chapter 35.58 RCW. Military offenses, jurisdiction by county when: Chapter 38.32 RCW. Mosquito control county work coordinated with: Chapter 70.22 RCW. districts, counties where authorized: RCW 17.28.020. Motor freight carrier, county vehicle exempt as: RCW 81.80.040. Motor vehicle accidents, peace officer’s reports: RCW 46.52.070. fund moneys for county purposes: RCW 46.68.070 and 46.68.120. size, weight and load, local regulations: RCW 46.44.080. Municipal airports 1941 act: Chapter 14.07 RCW. 1945 act: Chapter 14.08 RCW. Old age and survivors’ insurance, acceptance of for counties: Chapter 41.47 RCW. Operating agencies (electricity, water resources) to act for counties: Chapter 43.52 RCW. Public documents (state), distribution to counties: Chapter 40.04 RCW. Public lands rights-of-way over for county bridges, trestles, across waterways, tide or shore lands: RCW 79.110.120. rights-of-way over for roads, county wharves: RCW 79.36.440. sale of road material on to counties: RCW 79.15.320. Public officers campaign financing, reporting: RCW 42.17.030 through 42.17.130. code of ethics for: Chapter 42.23 RCW. financial affairs and gifts, reporting: RCW 42.17.240. misconduct of enumerated: Chapter 42.20 RCW. not to receive witness fees: RCW 42.16.020, 42.16.030. resignations: RCW 42.12.020. terms when vacancies filled: RCW 42.12.030. Public purchase preferences: Chapter 39.24 RCW. Public works emergency, county participation: Chapter 39.28 RCW. department of transportation, cooperation: RCW 47.08.070. prevailing wages to be paid on: Chapter 39.12 RCW. Publicly owned vehicles exempt from licensing fee: RCW 46.16.020. license plate retained when change in ownership: RCW 46.16.290. registration of: RCW 46.16.020. to be marked: RCW 46.08.065. Railroad grade crossings apportionment of costs, county liability: RCW 81.53.110, 81.53.130. counties duty to maintain: RCW 81.53.090. county participation in grants for: Chapter 81.53 RCW. Railroad signals, warning devices on county roads: RCW 81.53.261 through 81.53.291. Reclamation and irrigation districts in United States reclamation areas, contract to bring county lands into: RCW 89.12.110. Reclamation districts of one million acres, lands in more than one county: RCW 89.30.004. Reforestation county exchange of land to block up holdings: RCW 79.17.020, 79.17.060, and 79.17.070. grants of county lands for: RCW 79.22.040. Park and recreation service areas: RCW 36.68.400 through 36.68.620. Regional jail camps, county prisoners may be committed to: RCW 72.64.100, 72.64.110. Parks, bathing beaches, public camps, county may acquire and operate: Chapter 67.20 RCW. River and harbor improvements by counties jointly: RCW 88.32.180 through 88.32.220. Person defined to include counties for RCW code purposes: RCW 1.16.080. Rural housing projects: Chapter 35.82 RCW. Pesticide application act, county as subject to: RCW 17.21.220. Savings and loan associations, counties as member: RCW 33.20.060. [Title 36 RCW—page 4] (2010 Ed.) General Provisions Soft tree fruits commission law, counties constituting districts under: RCW 15.28.010. Soil and water conservation districts, county may cooperate with: RCW 89.08.341. State patrol retirement allowances exempt from county taxation: RCW 43.43.310. State vehicle regulations precedence over local: RCW 46.08.020. State’s title to abandoned channels granted to counties: RCW 86.13.110. Stock restricted areas in: Chapter 16.24 RCW. Street railroads in counties: Chapter 81.64 RCW. Superior court judges, each county entitled to: State Constitution Art. 4 § 5, chapter 2.08 RCW. Surplus federal property, county may purchase: RCW 39.32.010 through 39.32.060. Tax liens, foreclosure by county when city or town L.I.D. assessments on, rights of city or town: RCW 35.49.130 through 35.49.160. Taxes B & O, counties defined as person for purposes of: RCW 82.04.030. excise, state preempts field, which: RCW 82.02.020. federal payments in lieu of ad valorem property taxes to counties, distribution: Chapter 84.72 RCW. for city and town purposes: State Constitution Art. 11 § 12. local, legislature not to impose: State Constitution Art. 11 § 12. motor vehicle fuel counties as subject to: RCW 82.36.240. state preempts field: RCW 82.36.440. property acquisitions of county subject to lien of: RCW 84.60.050. county by, generally: Title 84 RCW. county held tax-title property, treatment of: RCW 36.35.100. county-interstate bridge as exempt from: RCW 84.36.230. county lands sold on contract as taxable: RCW 84.40.230. county property as exempt from: RCW 84.36.010. county revaluation program: Chapter 84.41 RCW. county right-of-way easements as exempt from: RCW 84.36.210. excess levies authorized, county application: RCW 84.52.050 through 84.52.056. limitation on levies, county application: State Constitution Art. 7 § 2 (Amendments 55, 59); RCW 84.52.050. state, county liability for share of: State Constitution Art. 11 § 9. Taxing district county as: RCW 84.04.120. relief act, county application: Chapter 39.64 RCW. Teletypewriter communications network, county participation: Chapter 43.89 RCW. Toll roads, bridges and ferries (state), county participation and liability: Chapter 47.56 RCW. Township organization in: State Constitution Art. 11 § 4 (Amendment 21). Traffic enforcement agencies, duty: Chapter 46.64 RCW. schools, county participation: Chapter 46.83 RCW. Unfit dwellings, buildings and structures: Chapter 35.80 RCW. Uniform system of accounting: Chapter 43.09 RCW. Validation of bonds and financing proceedings: Chapter 39.90 RCW. Vehicle wreckers’ licensing, county to comply with: RCW 46.80.160. Veterans in business, peddling, county licensing limitations: RCW 73.04.050 through 73.04.060. indigent and deceased, burial as county responsibility: RCW 73.08.070. public officials duty as considered leave of absence: RCW 73.16.041. scoring criteria status in county employment reemployment: RCW 41.04.010, Chapter 73.16 RCW. Veterans’ meeting hall, county may furnish free of charge: RCW 73.04.070. meeting place, rent from county funds: RCW 73.04.080. relief as county responsibility: Chapter 73.08 RCW. Vital statistics, county as a primary registration area: RCW 70.58.010. Wages (2010 Ed.) 36.01.060 deductions and rebates, application to counties: Chapter 49.52 RCW. payment and collection of, county employee exclusion: RCW 49.48.080. rebates of on public works, penalty: RCW 49.52.090. Warrants, interest rate on: RCW 39.56.020, 39.56.030. Water pollution control, county application: Chapter 90.48 RCW. Water rights appropriation of by counties; procedure: Chapter 90.03 RCW. United States, county application: Chapter 90.40 RCW. Wharves, counties may authorize and prescribe rates: RCW 88.24.020. Workers’ compensation, county coverage: RCW 51.12.050. World fair or exposition, county participation: Chapter 35.60 RCW. 36.01.010 Corporate powers. The several counties in this state shall have capacity as bodies corporate, to sue and be sued in the manner prescribed by law; to purchase and hold lands; to make such contracts, and to purchase and hold such personal property, as may be necessary to their corporate or administrative powers, and to do all other necessary acts in relation to all the property of the county. [1986 c 278 § 1; 1963 c 4 § 36.01.010. Prior: Code 1881 § 2653; 1863 p 538 § 1; 1854 p 329 § 1; RRS § 3982.] 36.01.010 Additional notes found at www.leg.wa.gov 36.01.020 Corporate name. The name of a county, designated by law, is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties. [1963 c 4 § 36.01.020. Prior: Code 1881 § 2654; RRS § 3983.] 36.01.020 36.01.030 Powers—How exercised. Its powers can only be exercised by the county commissioners, or by agents or officers acting under their authority or authority of law. [1963 c 4 § 36.01.030. Prior: Code 1881 § 2655; RRS § 3984.] 36.01.030 36.01.040 Conveyances for use of county. Every conveyance of lands, or transfer of other property, made in any manner for the use of any county, shall have the same force and effect as if made to the county in its proper and corporate name. [1963 c 4 § 36.01.040. Prior: Code 1881 § 2656; 1863 p 538 § 2; 1854 p 329 § 2; RRS § 3985.] 36.01.040 36.01.050 Venue of actions by or against counties. (1) All actions against any county may be commenced in the superior court of such county, or in the superior court of either of the two nearest judicial districts. All actions by any county shall be commenced in the superior court of the county in which the defendant resides, or in either of the two judicial districts nearest to the county bringing the action. (2) The determination of the nearest judicial districts is measured by the travel time between county seats using major surface routes, as determined by the administrative office of the courts. [2005 c 282 § 42; 2000 c 244 § 1; 1997 c 401 § 1; 1963 c 4 § 36.01.050. Prior: 1854 p 329 § 6; No RRS.] 36.01.050 36.01.060 County liable for certain court costs. Each county shall be liable to pay the per diem and mileage, or other compensation in lieu thereof, to jurors of the county attending the superior court; the fees of the sheriff for maintaining prisoners charged with crimes, and the sheriff’s costs 36.01.060 [Title 36 RCW—page 5] 36.01.070 Title 36 RCW: Counties in conveying them to and from the court, as well as their board while there; the per diem and mileage, or such other compensation as is allowed in lieu thereof, of the sheriff of the county, when in criminal cases the sheriff is required to attend or travel to the superior court out of the limits of the sheriff’s county; the costs in criminal cases taken from the courts of limited jurisdiction to the superior court; but no such claims shall be paid by the treasurer unless the particular items are approved by the judge and certified by the clerk under the seal of the court. For the time or travel which may be paid by the parties or United States, no payment from the county shall be allowed, and no officer, juror, or witness shall receive from the county double pay as a per diem for the same time, or as traveling expenses or mileage for the same travel, in however many different capacities or in however many different causes they may be summoned, notified, or called upon to testify or attend in. [1987 c 202 § 200; 1963 c 4 § 36.01.060. Prior: Code 1881 § 2110; 1869 p 420 § 9; 1863 p 425 § 10; 1857 p 22 § 10; RRS § 508.] Intent—1987 c 202: See note following RCW 2.04.190. 36.01.070 Probation and parole services. Notwithstanding the provisions of chapter 72.01 RCW or any other provision of law, counties may engage in probation and parole services and employ personnel therefor under such terms and conditions as any such county shall so determine. If a county elects to assume responsibility for the supervision of superior court misdemeanant offenders placed on probation under RCW 9.92.060 or 9.95.210, the county may contract with other counties to receive or provide such probation services. A county may also enter into partnership agreements with the department of corrections under RCW 72.09.300. [1996 c 298 § 7; 1967 c 200 § 9.] That whenever the county legislative authority determines that the county or a substantial portion of the county is not adequately served by existing private ambulance service, and existing private ambulance service cannot be encouraged to expand service on a contract basis, the emergency medical service that is established by the county shall not be deemed to compete with any existing private ambulance service as provided for in RCW 36.01.100. [1975 1st ex.s. c 147 § 1.] *Reviser’s note: RCW 18.73.030 was amended by 2000 c 93 § 16, changing subsection (11) to subsection (9). RCW 18.73.030 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (9) to subsection (10). 36.01.100 Ambulance service authorized—Restriction. The legislative authority of any county may by appropriate legislation provide for the establishment of a system of ambulance service for the entire county or for portions thereof, and award contracts for ambulance service: PROVIDED, That such legislation may not provide for the establishment of any system which would compete with any existing private system. [1972 ex.s. c 89 § 1.] 36.01.100 36.01.070 Indeterminate sentences: Chapter 9.95 RCW. Additional notes found at www.leg.wa.gov 36.01.080 Parking facilities—Construction, operation and rental charges. Counties may construct, maintain, operate and collect rentals for parking facilities as a part of a courthouse or combined county-city building facility. [1969 ex.s. c 8 § 1.] Revenue bonds for parking facilities: RCW 36.67.520. 36.01.085 Economic development programs. It shall be in the public purpose for all counties to engage in economic development programs. In addition, counties may contract with nonprofit corporations in furtherance of this and other acts relating to economic development. [1985 c 92 § 2.] 36.01.085 36.01.090 Tourist promotion. 36.01.105 Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial and other assistance authorized. See RCW 36.32.470. 36.01.105 36.01.110 Federal grants and programs—Powers and authority of counties to participate in—Public corporations, commissions or authorities. See RCW 35.21.730 through 35.21.755. 36.01.110 36.01.115 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW. 36.01.115 36.01.080 36.01.090 36.01.104 Levy for emergency medical care and services. See RCW 84.52.069. 36.01.104 See RCW 36.32.450. 36.01.095 Emergency medical services—Authorized—Fees. Any county may establish a system of emergency medical service as defined by *RCW 18.73.030(11). The county legislative authority may adopt by resolution procedures to collect reasonable fees in order to reimburse the county in whole or in part for its costs of providing such service: PROVIDED, That any county which provides emergency medical services supported by an excess levy may waive such charges for service: PROVIDED FURTHER, 36.01.120 Foreign trade zones—Legislative finding, intent. It is the finding of the legislature that foreign trade zones serve an important public purpose by the creation of employment opportunities within the state and that the establishment of zones designed to accomplish this purpose is to be encouraged. It is the further intent of the legislature that the *department of community, trade, and economic development provide assistance to entities planning to apply to the United States for permission to establish such zones. [1995 c 399 § 40; 1985 c 466 § 44; 1977 ex.s. c 196 § 5.] 36.01.120 *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Additional notes found at www.leg.wa.gov 36.01.095 [Title 36 RCW—page 6] 36.01.125 Foreign trade zones—Authority to apply for permission to establish, operate and maintain. A county, as zone sponsor, may apply to the United States for permission to establish, operate, and maintain foreign trade zones: PROVIDED, That nothing herein shall be construed to prevent these zones from being operated and financed by a private corporation(s) on behalf of such county acting as zone sponsor. [1977 ex.s. c 196 § 6.] 36.01.125 (2010 Ed.) General Provisions Additional notes found at www.leg.wa.gov 36.01.130 Controls on rent for residential structures—Prohibited—Exceptions. The imposition of controls on rent is of statewide significance and is preempted by the state. No county may enact, maintain or enforce ordinances or other provisions which regulate the amount of rent to be charged for single family or multiple unit residential rental structures or sites other than properties in public ownership, under public management, or properties providing low-income rental housing under joint public-private agreements for the financing or provision of such low-income rental housing. This section shall not be construed as prohibiting any county from entering into agreements with private persons which regulate or control the amount of rent to be charged for rental properties. [1991 c 363 § 43; 1981 c 75 § 2.] 36.01.190 changed and it is no longer feasible for the county to administer the trust. [1998 c 65 § 1.] 36.01.130 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Additional notes found at www.leg.wa.gov 36.01.150 Facilitating recovery from Mt. St. Helens eruption—Scope of local government action. All entities of local government and agencies thereof are authorized to take action as follows to facilitate recovery from the devastation of the eruption of Mt. St. Helens: (1) Cooperate with the state, state agencies, and the United States Army Corps of Engineers and other agencies of the federal government in planning dredge site selection and dredge spoils removal; (2) Counties and cities may re-zone areas and sites as necessary to facilitate recovery operations; (3) Counties may manage and maintain lands involved and the deposited dredge spoils; and (4) Local governments may assist the Army Corps of Engineers in the dredging and dredge spoils deposit operations. [1982 c 7 § 3.] 36.01.150 Facilitating recovery from Mt. St. Helens eruption—Legislative findings— Purpose: RCW 43.01.200. Scope of state agency action: RCW 43.01.210. Additional notes found at www.leg.wa.gov 36.01.160 Penalty for act constituting a crime under state law—Limitation. Except as limited by the maximum penalty authorized by law, no county may establish a penalty for an act that constitutes a crime under state law that is different from the penalty prescribed for that crime by state statute. [1993 c 83 § 2.] 36.01.160 Additional notes found at www.leg.wa.gov 36.01.170 Administration of trusts benefiting school districts. Any county authorized by territorial law to administer moneys held in trust for the benefit of school districts within the county, which moneys were bequeathed for such purposes by testamentary provision, may dissolve any trust, the corpus of which does not exceed fifty thousand dollars, and distribute any moneys remaining in the trust to school districts within the county. Before dissolving the trust, the county must adopt a resolution finding that conditions have 36.01.170 (2010 Ed.) 36.01.180 Zoo and aquarium advisory authority— Constitution—Terms. (1) For any county in which a proposition authorized by RCW 82.14.400 has been passed, there shall be created a zoo and aquarium advisory authority. (2) The initial board of the authority shall be constituted as follows: (a) Three members appointed by the county legislative authority to represent unincorporated areas; (b) Two members appointed by the legislative authority of the city with the largest population within the county; and (c) Two members jointly appointed by the legislative authorities of the remaining cities within the county representing at least sixty percent of the combined populations of those cities. (3) Board members shall hold office for whatever terms are determined by their appointing authorities, except that no term may be less than one year nor more than three years, in duration. However, a vacancy may be filled by an appointment for a term less than twelve months in duration. [1999 c 104 § 4.] 36.01.180 36.01.190 Initial meeting of zoo and aquarium advisory authority—Expenditure of funds—Powers. (1) Upon certification by the county auditor or, in the case of a home rule county, upon certification by the chief elections officer, that a proposition authorized under the terms of RCW 82.14.400 has received a majority of votes cast on the proposition, the county legislative authority shall convene an initial meeting of the zoo and aquarium advisory authority. (2) Consistent with any agreement between the local governments specified in RCW 82.14.400(1) in requesting an election, the zoo and aquarium advisory authority has authority to expend such funds as it may receive on those purposes set out in RCW 82.14.400(4). In addition, and consistent with any limitation placed on the powers of the authority in such an agreement, the zoo and aquarium advisory authority may exercise the following powers: (a) Acquire by purchase, gift, or grant and lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of any zoo, aquarium, and wildlife preservation and display facilities and properties, together with all lands, rights-of-way, property, equipment, and accessories necessary for those facilities; (b) Contract with the United States or any agency thereof, any state or agency thereof, any metropolitan municipal corporation, any other county, city, special district, or governmental agency, and any private person, firm, or corporation for the purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies, or for the design, construction, operation, or maintenance of zoo, aquarium, and wildlife preservation and display facilities; (c) Contract with any governmental agency or with a private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands, and rights-ofway of all kinds which are owned, leased, or held by the other 36.01.190 [Title 36 RCW—page 7] 36.01.200 Title 36 RCW: Counties party, and for the purpose of planning, constructing, or operating any facility or performing any service related to zoos, aquariums, and wildlife preservation and display facilities; (d) Fix rates and charges for the use of those facilities; (e) Sue and be sued in its corporate capacity in all courts and in all proceedings. [1999 c 104 § 3.] 36.01.200 Federal funds designated for state schools—Use limited to reduction of outstanding debt obligations of school districts. The county legislative authority of any county that receives payment in lieu of taxes and payment equal to tax funds from the United States department of energy under section 168 of the federal atomic energy act of 1954 and nuclear waste policy act of 1982 and that has an agreed settlement or a joint stipulation dated before January 1, 1998, which agreed settlement or joint stipulation includes funds designated for state schools, may direct the county treasurer to distribute those designated funds to reduce the outstanding debt of the school districts within the county. Any such funds shall be divided among the school districts based upon the same percentages that each district’s current assessed valuation is of the total assessed value for all eligible school districts if the district has outstanding debt that equals or exceeds the amount of its distribution. If the district does not have outstanding debt that equals or exceeds the amount of its distribution, any amount above the outstanding debt shall be reallocated to the remaining eligible districts. Any funds received before January 1, 1999, shall be distributed using the percentages calculated for 1998. The county treasurer shall apply the funds to any outstanding debt obligation selected by the respective school districts. [1999 c 19 § 1.] 36.01.200 36.01.210 Rail fixed guideway system—Safety program plan and security and emergency preparedness plan. (1) Each county functioning under chapter 36.56 RCW that owns or operates a rail fixed guideway system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or instituting revisions to its plans. These plans must describe the county’s procedures for (a) reporting and investigating reportable accidents, unacceptable hazardous conditions, and security breaches, (b) submitting corrective action plans and annual safety and security audit reports, (c) facilitating on-site safety and security reviews by the state department of transportation, and (d) addressing passenger and employee security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation. If required by the department, the county shall revise its plans to incorporate the department’s review comments within sixty days after their receipt, and resubmit its revised plans for review. (2) Each county functioning under chapter 36.56 RCW shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The county shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation no later than 36.01.210 [Title 36 RCW—page 8] December 15th each year. The county shall prepare an annual report for its internal safety and security audits undertaken in the prior year and submit it to the department no later than February 15th. This annual report must include the dates the audits were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result of the audit activity, and the results of each audit in terms of the adequacy and effectiveness of the plans. (3) Each county shall notify the department of transportation within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach. The department may adopt rules further defining a reportable accident, unacceptable hazardous condition, or security breach. The county shall investigate all reportable accidents, unacceptable hazardous conditions, or security breaches and provide a written investigation report to the department within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security breach. (4) The system security and emergency preparedness plan required in subsection (1)(d) of this section is exempt from public disclosure under chapter 42.56 RCW. However, the system safety program plan as described in this section is not subject to this exemption. [2007 c 422 § 3; 2005 c 274 § 268; 1999 c 202 § 3.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Additional notes found at www.leg.wa.gov 36.01.220 Mobile home, manufactured home, or park model moving or installing—Copies of permits— Definitions. (1) A county shall transmit a copy of any permit issued to a tenant or the tenant’s agent for a mobile home, manufactured home, or park model installation in a mobile home park to the landlord. (2) A county shall transmit a copy of any permit issued to a person engaged in the business of moving or installing a mobile home, manufactured home, or park model in a mobile home park to the tenant and the landlord. (3) As used in this section: (a) "Landlord" has the same meaning as in RCW 59.20.030; (b) "Mobile home park" has the same meaning as in RCW 59.20.030; (c) "Mobile or manufactured home installation" has the same meaning as in *RCW 43.63B.010; and (d) "Tenant" has the same meaning as in RCW 59.20.030. [1999 c 359 § 20.] 36.01.220 *Reviser’s note: RCW 43.63B.010 was recodified as RCW 43.22A.010 pursuant to 2007 c 432 § 13. Additional notes found at www.leg.wa.gov 36.01.225 Authority to regulate placement or use of homes—Regulation of manufactured homes—Restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences. (1) A county may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers’ choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 36.01.225 (2010 Ed.) General Provisions 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any county may require that: (a) A manufactured home be a new manufactured home; (b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; (c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; (d) The home is thermally equivalent to the state energy code; and (e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160. (2) A county may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of manufactured/mobile homes in manufactured/mobile home communities, as defined in RCW 59.20.030, which were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the manufactured/mobile home. This does not preclude a county from restricting the location of a manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to manufactured/mobile homes. (3) A county may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities, as defined in RCW 59.20.030, unless the recreational vehicle fails to comply with the fire, safety, or other local ordinances or state laws related to recreational vehicles. (4) This section does not override any legally recorded covenants or deed restrictions of record. (5) This section does not affect the authority granted under chapter 43.22 RCW. [2009 c 79 § 3; 2008 c 117 § 3; 2004 c 256 § 4.] Findings—Intent—Effective date—2004 c 256: See notes following RCW 35.21.684. 36.01.260 ment of financial institutions, or (2) any financial institution as defined under RCW 30.22.041. [2005 c 338 § 4.] Finding—Intent—2005 c 338: See note following RCW 35.21.698. 36.01.250 Environmental mitigation activities. (1) Any county authorized to acquire and operate utilities or conduct other proprietary or user or ratepayer funded activities may develop and make publicly available a plan for the county to reduce its greenhouse gases emissions or achieve no-net emissions from all sources of greenhouse gases that such county utility or proprietary or user or ratepayer funded activity owns, operates, leases, uses, contracts for, or otherwise controls. (2) Any county authorized to acquire and operate utilities or conduct other proprietary or user or ratepayer funded activities may, as part of such utility or activity, reduce or mitigate the environmental impacts, such as greenhouse gases emissions, of such utility and other proprietary or user or ratepayer funded activity. The mitigation may include, but is not limited to, all greenhouse gases mitigation mechanisms recognized by independent, qualified organizations with proven experience in emissions mitigation activities. Mitigation mechanisms may include the purchase, trade, and banking of carbon offsets or credits. Ratepayer funds, fees, or other revenue dedicated to a county utility or other proprietary or user or ratepayer funded activity may be spent to reduce or mitigate the environmental impacts of greenhouse gases emitted as a result of that function. If a state greenhouse gases registry is established, the county that has purchased, traded, or banked greenhouse gases mitigation mechanisms under this section shall receive credit in the registry. [2007 c 349 § 6.] 36.01.250 Findings—Intent—2007 c 349 § 6: "The legislature finds and declares that greenhouse gases offset contracts, credits, and other greenhouse gases mitigation efforts are a recognized utility purpose that confers a direct benefit on the utility’s ratepayers. The legislature also finds and declares that greenhouse gases offset contracts, credits, and other greenhouse gases mitigation efforts are a recognized purpose of other county proprietary activities that are funded by users and ratepayers, and that such mitigation efforts confer a direct benefit on such payers. The legislature declares that section 6 of this act is intended to reverse the result of Okeson v. City of Seattle (January 18, 2007), by expressly granting counties the statutory authority to engage in mitigation activities to offset the impact on the environment of their utilities and certain other proprietary and user and ratepayer funded activities." [2007 c 349 § 5.] 36.01.260 Evergreen community ordinances. (1) Any county may adopt evergreen community ordinances, as that term is defined in RCW 35.105.010, which the county must apply to new building or land development in the unincorporated portions of the county’s urban growth areas, as that term is defined in RCW 36.70A.030, and may apply to other areas of the county as deemed appropriate by the county. (2) As an alternative to subsection (1) of this section, a city or town may request that the county in which it is located apply to any new building or land development permit in the unincorporated portions of the urban growth areas, as defined in RCW 36.70A.030, the evergreen community ordinances standards adopted under RCW 35.105.090 by the city or town in the county located closest to the proposed building or development. [2008 c 299 § 15.] 36.01.260 36.01.230 Cooperative watershed management. A county may, acting through the county legislative authority, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management. [2003 c 327 § 8.] 36.01.230 Finding—Intent—2003 c 327: See note following RCW 39.34.190. 36.01.240 Regulation of financial transactions— Limitations. A county or governmental entity subject to this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer and (1) a business or professional under the jurisdiction of the depart36.01.240 (2010 Ed.) Short title—2008 c 299: See note following RCW 35.105.010. [Title 36 RCW—page 9] 36.01.270 Title 36 RCW: Counties 36.01.270 Contractors—Authority of county to verify registration and report violations. A county that issues a business license to a person required to be registered under chapter 18.27 RCW may verify that the person is registered under chapter 18.27 RCW and report violations to the department of labor and industries. [2009 c 432 § 4.] 36.01.270 Report—2009 c 432: See note following RCW 18.27.062. 36.01.280 Community athletics programs—Sex discrimination prohibited. The antidiscrimination provisions of RCW 49.60.500 apply to community athletics programs and facilities operated, conducted, or administered by a county. [2009 c 467 § 7.] 36.01.280 Findings—Declarations—2009 c 467: See note following RCW 49.60.500. 36.01.290 Temporary encampments for the homeless—Hosting by religious organizations authorized— Prohibitions on local actions. (1) A religious organization may host temporary encampments for the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings. (2) A county may not enact an ordinance or regulation or take any other action that: (a) Imposes conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter for homeless persons on property owned by the religious organization; (b) Requires a religious organization to obtain insurance pertaining to the liability of a municipality with respect to homeless persons housed on property owned by a religious organization or otherwise requires the religious organization to indemnify the municipality against such liability; or (c) Imposes permit fees in excess of the actual costs associated with the review and approval of the required permit applications. (3) For the purposes of this section, "religious organization" means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property. (4) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for (a) damages arising from the permitting decisions for a temporary encampment for the homeless as provided in this section and (b) any conduct or unlawful activity that may occur as a result of the temporary encampment for the homeless as provided in this section. [2010 c 175 § 2.] 36.01.290 Findings—2010 c 175: "The legislature finds that there are many homeless persons in our state that are in need of shelter and other services that are not being provided by the state and local governments. The legislature also finds that in many communities, religious organizations play an important role in providing needed services to the homeless, including the provision of shelter upon property owned by the religious organization. By providing such shelter, the religious institutions in our communities perform a valuable public service that, for many, offers a temporary, stop-gap solution to the larger social problem of increasing numbers of homeless persons. This act provides guidance to cities and counties in regulating homeless encampments within the community, but still leaves those entities with broad discretion to protect the health and safety of its citizens. It is the hope of this legislature that local governments and religious organizations can [Title 36 RCW—page 10] work together and utilize dispute resolution processes without the need for litigation." [2010 c 175 § 1.] Intent—Construction—2010 c 175: "Nothing in this act is intended to change applicable law or be interpreted to prohibit a county, city, town, or code city from applying zoning and land use regulations allowable under established law to real property owned by a religious organization, regardless of whether the property owned by the religious organization is used to provide shelter or housing to homeless persons." [2010 c 175 § 5.] Prior consent decrees and negotiated settlements for temporary encampments for the homeless not superseded—2010 c 175: "Nothing in this act supersedes a court ordered consent decree or other negotiated settlement between a public agency and religious organization entered into prior to July 1, 2010, for the purposes of establishing a temporary encampment for the homeless as provided in this act." [2010 c 175 § 6.] 36.01.300 State and federal background checks of license applicants and licensees of occupations under local licensing authority. Counties may, by ordinance, require a state and federal background investigation of license applicants or licensees in occupations specified by ordinance for the purpose of receiving criminal history record information by county officials. The investigation shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of investigation. These background checks must be done through the Washington state patrol identification and criminal history section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. The Washington state patrol shall serve as the sole source for receipt of fingerprint submissions and the responses to the submissions from the federal bureau of investigation, which must be disseminated to the county. The county shall transmit appropriate fees for a state and national criminal history check to the Washington state patrol, unless alternately arranged. [2010 c 47 § 1.] 36.01.300 36.01.310 Accessible community advisory committees. (1) A county has the option to expand the scope of an advisory committee established and maintained under RCW 29A.46.260 to that of an accessible community advisory committee, or to create an accessible community advisory committee. (2) A county that has an active accessible community advisory committee may be reimbursed within available funds from the accessible communities account created in RCW 50.40.071 for travel, per diem, and reasonable accommodation expenses for the participation of that committee’s members in committee meetings and sponsored activities. (3) A county establishes that it has an active accessible community advisory committee by submitting biennial assurances to the governor’s committee on disability issues and employment that: (a) The decision to establish an accessible community advisory committee was made by the county legislative authority, or by agents or officers acting under that authority. (b) If an accessible community advisory committee is established by expanding the advisory committee established and maintained under RCW 29A.46.260, the county auditor supports that expansion. 36.01.310 (2010 Ed.) County Boundaries (c) Committee members include persons with a diverse range of disabilities who are knowledgeable in identifying and eliminating attitudinal, programmatic, communication, and physical barriers encountered by persons with disabilities. (d) The committee is actively involved in the following activities: Advising on addressing the needs of persons with disabilities in emergency plans; advising the county and other local governments within the county on access to programs services and activities, new construction or renovation projects, sidewalks, other pedestrian routes of travel, and disability parking enforcement; and developing local initiatives and activities to promote greater awareness of disability issues, and acceptance, involvement, and access for persons with disabilities within the community. (4) Counties may form joint accessible community advisory committees, as long as no more than one of the participating counties has a population greater than seventy thousand. [2010 c 215 § 4.] Findings—2010 c 215: See note following RCW 50.40.071. Chapter 36.04 Chapter 36.04 RCW COUNTY BOUNDARIES Sections 36.04.010 36.04.020 36.04.030 36.04.040 36.04.050 36.04.060 36.04.070 36.04.080 36.04.090 36.04.100 36.04.110 36.04.120 36.04.130 36.04.140 36.04.150 36.04.160 36.04.170 36.04.180 36.04.190 36.04.200 36.04.210 36.04.220 36.04.230 36.04.240 36.04.250 36.04.260 36.04.270 36.04.280 36.04.290 36.04.300 36.04.310 36.04.320 36.04.330 36.04.340 36.04.350 36.04.360 36.04.370 36.04.380 36.04.390 36.04.400 Adams county. Asotin county. Benton county. Chelan county. Clallam county. Clark county. Columbia county. Cowlitz county. Douglas county. Ferry county. Franklin county. Garfield county. Grant county. Grays Harbor county. Island county. Jefferson county. King county. Kitsap county. Kittitas county. Klickitat county. Lewis county. Lincoln county. Mason county. Okanogan county. Pacific county. Pend Oreille county. Pierce county. San Juan county. Skagit county. Skamania county. Snohomish county. Spokane county. Stevens county. Thurston county. Wahkiakum county. Walla Walla county. Whatcom county. Whitman county. Yakima county. Survey of county boundaries. Reviser’s note: For the reasons set out in the second paragraph of the explanatory note appended to chapter 4, Laws of 1963, the session laws comprising chapter 36.04 RCW were neither repealed nor reenacted in the 1963 reenactment of Title 36 RCW. Pending reenactment of this chapter, it is herein republished as revised by the 1941 code committee; for rules of construction concerning such revision, see RCW 1.04.020 and 1.04.021. (2010 Ed.) 36.04.040 36.04.010 Adams county. Adams county shall consist of the territory bounded as follows, to wit: Beginning at the northwest corner of township fourteen north, range twentyeight east of the Willamette Meridian; running thence north to the fourth standard parallel; thence east to the Columbia River Guide Meridian; thence north to the fifth standard parallel; thence east on said parallel to the line between the ranges thirty-eight and thirty-nine; thence south on said line to where it intersects the Palouse river in township sixteen; thence down said river to where the line between townships fourteen and fifteen crosses said river; thence west on said line to place of beginning. [1883 p 93 § 1; RRS § 3924.] 36.04.010 36.04.020 Asotin county. Asotin county shall consist of the territory bounded as follows, to wit: Commencing at a point in the channel of Snake river on the township line between ranges forty-four and forty-five east, Willamette Meridian; thence running south to the northwest corner of section thirty, township eleven north, range forty-five east, Willamette Meridian; thence west six miles; south one mile; west two miles; south one mile; west one mile to the northwest corner of section three in township ten north, of range forty-three east, Willamette Meridian; thence south eighteen miles; thence west three miles; thence south to the Oregon line; thence east on said line to the midchannel of Snake river; thence down the midchannel of Snake river to the place of beginning. [1883 p 96 § 1; RRS § 3925.] 36.04.020 36.04.030 Benton county. Benton county shall consist of the territory bounded as follows, to wit: Beginning at the point of intersection of the middle of the main channel of the Columbia river with the township line between township thirteen north, range twenty-three east, and township thirteen north, range twenty-four east, Willamette Meridian; thence running south along the township line, being the line between range twenty-three east and range twenty-four east to the line between Yakima county and Klickitat county; thence south along the township lines, being the lines between ranges twenty-three east and twenty-four east, to the point of intersection with the middle of the main channel of the Columbia river, or to its intersection with the line between the states of Washington and Oregon; thence northeasterly, northerly and northwesterly and westerly along the middle of the main channel of the Columbia river and up said stream to the place of beginning. [1905 c 89 § 1; RRS § 3926.] 36.04.030 36.04.040 Chelan county. Chelan county shall consist of the territory bounded as follows, to wit: Beginning at the point of intersection of the middle of the main channel of the Columbia river with the fifth standard parallel north, thence running west along said fifth standard parallel north to the point where said fifth standard parallel north intersects the summit of the main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers, and the waters flowing southerly and westerly into the Yakima river, thence in a general northwesterly direction along the summit of said main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers and the waters flowing southerly and westerly into the Yakima river, following the course of the center of the summit of the watershed dividing the said respective 36.04.040 [Title 36 RCW—page 11] 36.04.050 Title 36 RCW: Counties waters, to the center of the summit of the Cascade mountains, at the eastern boundary line of King county; thence north along the east boundary lines of King, Snohomish and Skagit counties to the point upon the said east boundary of Skagit county, where said boundary is intersected by the watershed between the waters flowing northerly and easterly into the Methow river and the waters flowing southerly and westerly into Lake Chelan, thence in a general southeasterly direction along the summit of the main divide between the waters flowing northerly and easterly into the Methow river and the waters flowing westerly and southerly into Lake Chelan and its tributaries; following the course of the center of the summit of the watershed dividing said respective waters, to the point where the seventh standard parallel north intersects said center of the summit of said watershed; thence east along the said seventh standard parallel north to the point of intersection of the middle of the main channel of the Columbia river with said seventh standard parallel north; thence down the middle of the main channel of the Columbia river to the point of beginning. [1899 c 95 § 1; RRS § 3928.] 36.04.050 Clallam county. Clallam county shall consist of the territory bounded as follows, to wit: Commencing at the northwest corner of Jefferson county at a point opposite the middle of the channel between Protection Island and Diamond Point on the west of Port Discovery Bay; thence following up the middle of said channel to a point directly east of the mouth of Eagle creek; thence west to the mouth of Eagle creek; thence one mile west from the mouth of said creek; thence south to the north boundary line of township twenty-seven north, range two west; thence west to the west boundary of the state in the Pacific Ocean; thence northerly along said boundary to a point marking the north terminus of the west boundary of the state in the Pacific Ocean opposite the Strait of Juan de Fuca; thence easterly along said Strait of Juan de Fuca, where it forms the boundary between the state and British possessions, to the place of beginning. [(i) 1869 p 292 § 1; 1867 p 45 § 1; 1854 p 472 § 1; RRS § 3929. (ii) 1925 ex.s. c 40 § 1; RRS § 3963-1.] thence south on the line between ranges thirty-seven and thirty-eight east of the Willamette Meridian, to the northwest corner of township eight north, range thirty-eight east; thence along the north boundary line of township eight north, range thirty-eight east, to the northeast corner of said township; thence due south to the line dividing the state of Washington from the state of Oregon; thence due east on said dividing line to the range line between ranges forty-one and forty-two east; thence north on said range line to the corner of sections thirteen, eighteen, nineteen and twenty-four, township ten north, ranges forty-one and forty-two east; thence west three miles; thence north three miles; thence west one mile; thence north one mile; thence west one mile; thence north three miles; thence west one mile; thence north to the southwest corner of township twelve north, range forty-one east; thence west on township line six miles; thence north on range line between ranges thirty-nine and forty to a point in the midchannel of Snake river; thence down the midchannel of said river to the place of beginning. [(i) 1 H.C. §6; 1875 p 133 § 1; RRS § 3931. (ii) 1879 p 226 § 1; RRS § 3960-1. (iii) 1881 p 175 § 1; RRS § 3936.] 36.04.050 36.04.060 Clark county. Clark county shall consist of the territory bounded as follows, to wit: Commencing at the Columbia river opposite the mouth of Lewis river; thence up Lewis river to the forks of said river; thence up the north fork of Lewis river to where said north fork of Lewis river intersects the range line between ranges four and five east; thence due south to the Columbia river; thence with the main channel of said river to the place of beginning. [(i) 1873 p 561 § 1; 1871 p 153 § 1; 1869 p 295 § 1; RRS § 3930. (ii) 1925 ex.s. c 51 § 1; RRS § 3930-1.] 36.04.060 36.04.070 Columbia county. Columbia county shall consist of the territory bounded as follows, to wit: Commencing at a point in the middle of the channel of Snake river, where the range line between ranges thirty-six and thirty-seven east of the Willamette Meridian intersects said point; thence south on said range line to the northwest corner of township nine north, range thirty-seven east; thence east on the north boundary line of township nine north, range thirty-seven east, to the northeast corner of said township; 36.04.070 [Title 36 RCW—page 12] 36.04.080 Cowlitz county. Cowlitz county shall consist of the territory bounded as follows, to wit: Commencing at the Columbia river opposite the mouth of Lewis river; thence up Lewis river to the forks of said river; thence up the north fork of Lewis river to where said north fork of Lewis river intersects the range line between ranges four and five east; thence north to the line between townships ten and eleven north; thence west to the first section line east of the range line between ranges four and five west; thence south on said line to the Columbia river, and up the Columbia river to the place of beginning. [1873 p 561 § 1; 1871 p 153 § 1; 1869 p 295 § 1; 1867 p 48 § 1; 1855 p 39; 1854 p 471 § 1; RRS § 3932.] 36.04.080 36.04.090 Douglas county. Douglas county shall consist of the territory bounded as follows, to wit: Beginning at the point where the Columbia Guide Meridian intersects the Columbia river on the northern boundary of Lincoln county; thence running south on said Columbia Guide Meridian to the township line between townships sixteen and seventeen north; thence running west on said township line to the range line between ranges twenty-seven and twenty-eight east; thence south on said range line to the section line between sections twenty-four and twenty-five in township fourteen north, range twenty-seven east; thence west on said section line to the midchannel of the Columbia river; thence up said channel of said river to the place of beginning, excepting therefrom the territory hereinafter constituted as Grant county. [1883 p 95 § 1; RRS § 3933. (Grant county, 1909 c 17 § 1; RRS § 3937.)] 36.04.090 36.04.100 Ferry county. Ferry county shall consist of the territory bounded as follows, to wit: Commencing at the point where the east boundary line of Okanogan county intersects the Columbia river; thence up the midchannel of the Columbia river to the mouth of Kettle river; thence up the midchannel of Kettle river to the boundary line between the United States and British Columbia; thence westerly along 36.04.100 (2010 Ed.) County Boundaries the said boundary line to the intersection thereof with the said east boundary line of Okanogan county; thence southerly along the said boundary line to the place of beginning. [1899 c 18 § 1; RRS § 3934.] 36.04.110 Franklin county. Franklin county shall consist of the territory bounded as follows, to wit: Beginning at a point where the midchannel of the Snake river intersects that of the Columbia river, and running thence up the Columbia river to a point where the section line between sections twenty-one and twenty-eight, township fourteen north, range twenty-seven east, Willamette Meridian, strikes the main body of the Columbia river, on the east side of the island; thence east on said section line to range line between ranges twenty-seven and twenty-eight east; thence north on said range line to the north boundary of township fourteen; thence east on said north boundary of township fourteen to the Palouse river; thence down said river to midchannel of Snake river; thence down Snake river to place of beginning. [1883 p 87 § 1; RRS § 3935.] 36.04.110 36.04.120 Garfield county. Garfield county shall consist of the territory bounded as follows, to wit: Commencing at a point in the midchannel of Snake river on range line between ranges thirty-nine and forty east, W.M.; thence on said line south to the southwest corner of township twelve north, range forty; thence east on township line six miles; thence south to the southwest corner of section seven, township eleven north, range forty-one east; thence east one mile; thence south three miles; thence east one mile; thence south one mile; thence east one mile; thence south three miles; thence east three miles; thence south on township line to the Oregon line; thence due east on said line six miles to the southwest corner of Asotin county; thence northerly following the westerly boundary of Asotin county to a point where the same intersects the midchannel of Snake river; thence down the said midchannel of Snake river to the point of beginning. [1883 p 96 § 1; 1881 p 175 § 1; RRS § 3936.] 36.04.120 36.04.130 Grant county. Grant county shall consist of the territory bounded as follows, to wit: Beginning at the southeast corner of township seventeen north, range thirty east of the Willamette Meridian, thence running west on the township line between townships sixteen and seventeen to the range line between ranges twenty-seven and twentyeight; thence south on said range line to the section line between sections twenty-four and twenty-five in township fourteen north, range twenty-seven east; thence west on said section line to the midchannel of the Columbia river; thence up the channel of the river to a point, thence at right angles to the course of said channel to the meander corner of section thirteen, township twenty north, range twenty-two east Willamette Meridian, and section eighteen, township twenty north, range twenty-three east Willamette Meridian; thence north along the range line between ranges twenty-two and twenty-three to the northwest corner of section eighteen, township twenty-one north, range twenty-three east Willamette Meridian; thence east one mile to the southeast corner section seven, township twenty-one, range twenty-three east; north one mile to the northwest corner section eight, 36.04.130 (2010 Ed.) 36.04.130 township twenty-one, range twenty-three east; east one mile to the southeast corner of section five, township twenty-one, range twenty-three east; north one mile to the northeast corner section five, township twenty-one, range twenty-three east; east one mile to the northeast corner of section four, township twenty-one, range twenty-three east; north one mile to the southeast corner section twenty-eight, township twenty-two, range twenty-three east; east one mile to the southeast corner section twenty-seven, township twenty-two, range twenty-three east; north two miles to the northeast corner of section twenty-two, township twenty-two, range twenty-three east; east one mile to the southeast corner of section fourteen, township twenty-two, range twenty-three east; north one mile to the southeast corner section eleven, township twenty-two, range twenty-three east; east one mile to the southeast corner of section twelve, township twentytwo, range twenty-three east; north two miles to the northwest corner of section six, township twenty-two north, range twenty-four east; east sixteen miles to the northeast corner of section three, township twenty-two north, range twenty-six east; north six miles to the northeast corner of section three, township twenty-three north, range twenty-six east; east one mile to the northeast corner of section two, township twentythree north, range twenty-six east; north one mile to the northeast corner of section thirty-five, township twenty-four north, range twenty-six east; east one mile to the southeast corner of section twenty-five, township twenty-four north, range twenty-six east; north one mile to the southeast corner of section twenty-four, township twenty-four north, range twenty-six east; east one mile to the southeast corner of section nineteen, township twenty-four north, range twentyseven east; north one mile to the southeast corner of section eighteen, township twenty-four north, range twenty-seven east; east one mile to the southeast corner of section seventeen, township twenty-four north, range twenty-seven east; north one mile to the southeast corner of section eight, township twenty-four north, range twenty-seven east; east one mile to the southeast corner of section nine, township twentyfour north, range twenty-seven east; north one mile to the southeast corner of section four, township twenty-four north, range twenty-seven east; east one mile to the southeast corner of section three, township twenty-four, range twenty-seven east; north one mile to the northeast corner of section three, township twenty-four, range twenty-seven east; east three miles to the southeast corner of section thirty-one, township twenty-five north, range twenty-eight east; north one mile to the southeast corner of section thirty, township twenty-five north, range twenty-eight east; east one mile to the southeast corner of section twenty-nine, township twenty-five north, range twenty-eight east; north three miles to the southeast corner of section eight, township twenty-five north, range twenty-eight east; east one mile to the southeast corner of section nine, township twenty-five north, range twenty-eight east; north four miles to the southeast corner of section twenty-one, township twenty-six north, range twenty-eight east; east one mile to the southeast corner of section twentytwo, township twenty-six north, range twenty-eight east; north one mile to the southeast corner of section fifteen, township twenty-six north, range twenty-eight east; east one mile to the southeast corner of section fourteen, township twenty-six north, range twenty-eight east; north two miles to [Title 36 RCW—page 13] 36.04.140 Title 36 RCW: Counties the southeast corner of section two, township twenty-six north, range twenty-eight east; east one mile to the southeast corner of section one, township twenty-six north, range twenty-eight east; north two miles to the southeast corner of section twenty-five, township twenty-seven north, range twenty-eight east; east one mile to the southeast corner of section thirty, township twenty-seven north, range twentynine east; north six miles to the southeast corner of section thirty, township twenty-eight north, range twenty-nine east; east one mile to the southeast corner of section twenty-nine, township twenty-eight north, range twenty-nine east; north one mile to the southeast corner of section twenty, township twenty-eight north, range twenty-nine east; east two miles to the southeast corner of section twenty-two, township twentyeight north, range twenty-nine east; north one mile to the southeast corner of section fifteen, township twenty-eight north, range twenty-nine east; east one mile to the southeast corner of section fourteen, township twenty-eight north, range twenty-nine east; north two miles to the southeast corner of section two, township twenty-eight north, range twenty-nine east; east one mile to the southeast corner of section one, township twenty-eight north, range twenty-nine east; north one mile to the northeast corner of section one, township twenty-eight north, range twenty-nine east; thence east along township line between townships twenty-eight and twenty-nine to the midchannel of the Columbia river; thence up said channel of said river to the point where the Columbia Guide Meridian intersects said channel; thence running south on said Columbia Guide Meridian to the place of beginning. [1909 c 17 § 1; RRS § 3937.] 36.04.140 Grays Harbor county. Grays Harbor county shall consist of the territory bounded as follows, to wit: Commencing at the northeast corner of Pacific county; thence west to the west boundary of the state in the Pacific Ocean; thence northerly along said boundary, including Gray’s Harbor, to a point opposite the mouth of Queets river; thence east to the west boundary line of Mason county; thence south to the northeast corner of township eighteen north, range seven west; thence east fourteen miles to the southeast corner of section thirty-two, township nineteen north, range four west; thence south six miles to the southeast corner of section thirty-two in township eighteen north, range four west; thence east two miles to the southeast corner of section thirtyfour in the same township; thence south to a point due east of the northeast corner of Pacific county; thence west to the place of beginning. [(i) 1 H.C. §3; 1873 p 482 § 1; 1869 p 296 § 1; RRS § 3927. (ii) 1915 c 77 § 1; RRS § 3938. (iii) 1925 ex.s. c 40 § 1; RRS § 3963-1.] 36.04.140 36.04.150 Island county. Island county shall consist of all of the islands known as Whidbey, Camano, Smith, Deception, Strawberry, Baby, Minor, Kalamut, and Ben Ure and shall extend into the adjacent channels to connect with the boundaries of adjoining counties as defined by statute. [2006 c 146 § 1; 1891 c 119 p 217 § 1; 1877 p 425 §§ 1, 2; 1869 p 292 § 1; 1868 p 68 § 1; 1867 p 46 § 1; RRS § 3939.] 36.04.150 36.04.160 Jefferson county. Jefferson county shall consist of the territory bounded as follows, to wit: Com36.04.160 [Title 36 RCW—page 14] mencing at the middle of the channel of Admiralty Inlet due north of Point Wilson; thence westerly along the Strait of Juan de Fuca to the north of Protection Island, to a point opposite the middle of the channel between Protection Island and Diamond Point on the west of Port Discovery Bay; thence following up the middle of said channel to a point direct east of the mouth of Eagle creek; thence west to the mouth of Eagle creek; thence one mile west from the mouth of said creek; thence south to the summit of the Olympic range of mountains, it being the southeast corner of Clallam county, on the north boundary line of township twenty-seven north, range two west; thence west to the west boundary of the state in the Pacific Ocean; thence southerly along said west boundary to a point opposite the mouth of the Queets river; thence east to the range line dividing ranges six and seven west; thence north on said range line to the sixth standard parallel; thence east to the middle of the channel of Hood Canal; thence northerly along said channel to the middle of the channel of Admiralty Inlet; thence northerly following the channel of said inlet to a point due north of Point Wilson and place of beginning. [(i) 1 H.C. §12; 1877 p 406 § 1; 1869 p 292 § 1; RRS § 3940. (ii) 1925 ex.s. c 40 § 1; RRS § 3963-1.] 36.04.170 King county. King county shall consist of the territory bounded as follows, to wit: Beginning at the point of intersection of the center of East Passage (also known as Admiralty Inlet) on Puget Sound and the northerly line of the Puyallup Indian Reservation (projected northwesterly); thence southeasterly in a straight line along said northerly line of Puyallup Indian Reservation and same extended to a point on the east line of section thirty-one, township twenty-one, north, range four east, Willamette Meridian; thence south along said east line of section thirty-one, township twenty-one, range four east, Willamette Meridian, to the township line between township twenty north and township twenty-one north (being the fifth standard parallel north); thence east along said township line between township twenty north and township twenty-one north to the middle of the main channel of White river, near the northeast corner of section three, township twenty north, range five east, Willamette Meridian; thence upstream along the middle of the main channel of White river to the forks of White river and Greenwater river; thence upstream along the middle of the main channel of the Greenwater river to the forks of the Greenwater river and Meadow creek; thence upstream along the middle of the main channel of Meadow creek to the summit of the Cascade mountains, at a point known as Naches Pass, said point lying in the southwest quarter of section thirty-five, township nineteen north, range eleven east, Willamette Meridian; thence northerly along the summit of the Cascade mountains to a point on the township line between township twenty-six north and township twenty-seven north, said point lying near the north quarter-corner of section three, township twenty-six north, range thirteen east, Willamette Meridian; thence west along said township line between township twenty-six north and twenty-seven north to the middle of the channel known as Admiralty Inlet on Puget Sound; thence southerly along said middle of channel known as Admiralty Inlet through Colvo’s Passage (West Passage) on the west side of Vashon Island to a point due north of 36.04.170 (2010 Ed.) County Boundaries Point Defiance; thence southeasterly along middle of channel between Vashon Island and Point Defiance (Dalcos Passage) to a point due south of Quartermaster Harbor; thence northeasterly along middle of channel known as Admiralty Inlet to point of beginning. King county is renamed in honor of the Reverend Doctor Martin Luther King, Jr. [2005 c 90 § 1; 1 H.C. § 13; 1869 p 293 § 1; 1867 p 46 § 1; 1854 p 470 § 1; RRS § 3941.] Reviser’s note: Change in boundary by virtue of election in 1901 under chapter 36.08 RCW incorporated herein. 36.04.180 36.04.180 Kitsap county. Kitsap county shall consist of the territory bounded as follows, to wit: Commencing in the middle of Colvo’s Passage at a point due east of the meander post between sections nine and sixteen, on west side of Colvo’s Passage, in township twenty-two north, range two east; thence west on the north boundary line of sections sixteen, seventeen and eighteen, to the head of Case’s Inlet; thence north along the east boundary of Mason county through the center of townships twenty-two and twentythree, range one west, to the north line of said township twenty-three; thence due west to the middle of the channel of Hood Canal; thence along said channel to the middle of the main channel of Admiralty Inlet; thence following the main channels of said inlet and Puget Sound up to the middle of Colvo’s Passage; thence following the channel of said passage to the place of beginning. [1877 p 406 § 1; 1869 p 293 § 1; 1867 p 46 § 1; 1858 p 51 § 1; RRS § 3942.] 36.04.190 36.04.190 Kittitas county. Kittitas county shall consist of the territory bounded as follows, to wit: Commencing at a point where the main channel of the Columbia river crosses the township line between township fourteen and fifteen north, range twenty-three east of the Willamette Meridian, and running thence west on said township line to the range line between ranges eighteen and nineteen east; thence north on said range line six miles, or to the township line between the townships fifteen and sixteen north; thence west on said township line to the range line between ranges seventeen and eighteen east; thence north to the township line between townships sixteen and seventeen north; thence west along said township line and a line prolonged due west to the Naches river; and thence northerly along the main channel of the Naches river to the summit of the Cascade mountains, or to the eastern boundary of King county; thence north along the eastern boundary of King county to the point where such boundary intersects the summit of the main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers and the water flowing southerly and westerly into the Yakima river; thence in a general southeasterly direction along the summit of such main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers and the waters flowing southerly and westerly into the Yakima river, following the course of the center of the summit of the watershed dividing such respective waters, to the fifth standard parallel north; thence east along the fifth standard parallel north to the middle of the main channel of the Columbia river; thence down the main channel of the Columbia to the place of beginning. [1899 c 95 § 1; 1886 p 168 § 1; 1883 p 90 § 1; RRS § 3943.] (2010 Ed.) 36.04.230 36.04.200 Klickitat county. Klickitat county shall consist of the territory bounded as follows, to wit: Commencing at a point in the midchannel of the Columbia river opposite the mouth of the White Salmon river; thence up the channel of the White Salmon river as far north as the southern boundary of township four north, range ten east of Willamette Meridian; thence due west on the township line to range nine east of Willamette Meridian; thence north following said range line to where it intersects the south boundary of Yakima county projected; thence east along the north boundary of township six north until that line intersects the range line between range twenty-three east and range twenty-four east; thence south along such range line to the Columbia river; thence down the Columbia river, midchannel, to the place of beginning. [1905 c 89 § 1; 1 H.C. §17; 1881 p 187 § 1; 1873 p 571 § 1; 1869 p 296 § 1; 1868 p 60 § 1; 1867 p 49 § 1; 1861 p 59 § 1; 1859 p 420 § 1; RRS § 3944.] 36.04.200 36.04.210 Lewis county. Lewis county shall consist of the territory bounded as follows, to wit: Beginning at the northwest corner of section eighteen, township fifteen north, range five west; thence south along the west boundary of range five west to the southwest corner of township eleven north, range five west; thence east along the south boundary of township eleven north to the summit of the Cascade mountains; thence northerly along said summit to a point due east of the head of Nisqually river; thence west to the head of the Nisqually river; thence westerly down the channel of the river to a point two miles north of the line between townships fourteen and fifteen north; thence west to the northwest corner of section twenty-six, township fifteen north, range four west; thence north two miles to the northwest corner of section fourteen, township fifteen north, range four west; thence west to place of beginning. [1 H.C. §§18, 19; 1888 p 73 § 1; 1879 p 213 § 1; 1869 p 295 § 1; 1867 p 48 § 1; 1861 p 33 § 1; RRS § 3945.] 36.04.210 36.04.220 Lincoln county. Lincoln county shall consist of the territory bounded as follows, to wit: Beginning at the point in township twenty-seven north, where the Colville Guide Meridian between ranges thirty-nine and forty east, Willamette Meridian, intersects the Spokane river, and running thence south along said meridian line to the township line between townships twenty and twenty-one north; thence west along said township line to its intersection with the Columbia Guide Meridian between ranges thirty and thirtyone east, Willamette Meridian; thence north along said meridian line to a point where it intersects the midchannel of the Columbia river; thence up said river in the middle of the channel thereof to the mouth of the Spokane river; thence up the Spokane river, in the middle of the channel thereof, to the place of beginning. [1883 p 89 § 1; 1883 p 95 § 1; RRS § 3946.] 36.04.220 36.04.230 Mason county. Mason county shall consist of the territory bounded as follows, to wit: Commencing in middle of the main channel of Puget Sound where it is intersected in the midchannel of Case’s Inlet; thence westerly along the midchannel of Puget Sound, via Dana’s Passage, into Totten’s Inlet, and up said inlet to its intersection by section line between sections twenty-eight and twenty-nine, 36.04.230 [Title 36 RCW—page 15] 36.04.240 Title 36 RCW: Counties township nineteen north, range three west of the Willamette Meridian; thence south to the southwest corner of section thirty-three in township nineteen north, range three west; thence west along the township line dividing townships eighteen and nineteen, twenty miles, to the township line dividing ranges six and seven west, of the Willamette Meridian, which constitutes a part of the east boundary line of Grays Harbor county; thence north along said township line to the sixth standard parallel; thence east along said parallel line to the middle of the channel of Hood Canal; thence southerly along said midchannel to a point due west of the intersection of the shore line of said Hood Canal by the township line between townships twenty-three and twenty-four; thence east along said township line to the line dividing sections three and four in said township twenty-three north, range one west of the Willamette Meridian; thence south along said section line to the head of Case’s Inlet; thence south by the midchannel of said inlet to the place of beginning. [1877 p 406 § 1; 1869 p 293 § 1; 1867 p 45 § 1; 1864 p 71 § 1; 1863 p 7 (local laws portion) § 1; 1861 p 56 § 1; 1861 p 30 § 1; 1860 p 458 § 1; 1854 p 474 § 1; 1854 p 470 § 1; RRS § 3947.] 36.04.240 36.04.240 Okanogan county. Okanogan county shall consist of the territory bounded as follows, to wit: Beginning at the intersection of the forty-ninth parallel with the range line between ranges thirty-one and thirty-two east, and from thence running in a southerly direction on said range line to the intersection of the said range line with the Columbia river, and thence down the river to the seventh standard parallel north; thence west along the seventh standard parallel north to the watershed between the waters flowing northerly and easterly into the Methow river and the waters flowing southerly and westerly into Lake Chelan; thence in a general northwesterly direction along the summit of the main divide between the waters flowing northerly and easterly into the Methow river and the waters flowing westerly and southerly into Lake Chelan and its tributaries; following the course of the center of the summit of the watershed dividing said respective waters to the point where the same intersects the east boundary of Skagit county and the summit of the Cascade mountains; thence northerly with said summit to the forty-ninth parallel, and thence on the said parallel to the place of beginning. [1899 c 95 § 1; 1888 p 70 § 1; RRS § 3948.] 36.04.250 36.04.250 Pacific county. Pacific county shall consist of the territory bounded as follows, to wit: Commencing at the midchannel of the Columbia river at the point of intersection of the line between ranges eight and nine west; thence north along said line to the north boundary of township ten north; thence east along said boundary to the line between ranges five and six west; thence north along the west boundary of range five west to the northwest corner of section eighteen in township fifteen north, range five west; thence west to the west boundary of the state in the Pacific Ocean; thence southerly along said boundary, including Shoalwater Bay, to a point opposite Cape Disappointment; thence up midchannel of the Columbia river to the place of beginning. [(i) 1879 p 213 § 1; 1873 p 538 § 1; 1867 p 49 § 1; 1860 p 429 § 1; 1854 [Title 36 RCW—page 16] p 471 § 1; RRS § 3949. (ii) 1925 ex.s. c 40 § 1; RRS § 39631.] 36.04.260 Pend Oreille county. Pend Oreille county shall consist of the territory bounded and described as follows, to wit: Beginning at the southeast corner of section thirty-six in township thirty north, range forty-two east of the Willamette Meridian; thence running north, along the east line of said township thirty north, range forty-two east of the Willamette Meridian, to the northeast corner of section one, in said township thirty; thence west to the southwest corner of section thirty-four in township thirty-one north, range fortytwo east of Willamette Meridian; thence north, along the west line of sections thirty-four, twenty-seven and twenty-two of said township thirty-one north, range forty-two east of Willamette Meridian; thence north on a line from the northwest corner of section twenty-two in township thirty-one to a point on the north line of township thirty-one, midway between the northeast corner and the northwest corner of said township thirty-one, which line will be the west line of sections fifteen, ten and three of said township thirty-one, when the same are surveyed; thence to the center point on the south line of township thirty-two north, range forty-two east of Willamette Meridian; thence north on the north and south center line of said township thirty-two, which line will be the west line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten, and three of township thirty-two when the same is surveyed, to the north line of said township thirty-two; thence to the center point on the south line of township thirty-three north, range forty-two east of Willamette Meridian; thence north, on the north and south center line of township thirty-three north of range forty-two east of Willamette Meridian, which line will be the west line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten and three of said township thirtythree, when the same is surveyed, to the north line of said township thirty-three; thence to the center point on the south line of township thirty-four north, range forty-two east of Willamette Meridian; thence north on the north and south center line of said township thirty-four, which line will be the west line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten and three of said township thirty-four when the same are surveyed, to the north line of said township; thence to the center point on the south line of township thirty-five north, range forty-two east of Willamette Meridian; thence north, on the north and south center line of township thirtyfive north, range forty-two east of Willamette Meridian, which line will be the west line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten and three of said township thirty-five when the same are surveyed to the north line of said township thirty-five; thence to the southwest corner of section thirty-four in township thirty-six north, range fortytwo east of Willamette Meridian; thence north, along the west line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten and three to the northwest corner of section three of said township thirty-six; thence west along the south line of township thirty-seven north, range forty-two, and township thirty-seven north, range forty-one east of the Willamette Meridian, to the center point on the south line of said township thirty-seven north, range forty-one east of the Willamette Meridian, which point will be the southwest corner of section thirty-four in said township thirty-seven north, range 36.04.260 (2010 Ed.) County Boundaries forty-one east of the Willamette Meridian, when the same are surveyed; thence north along the north and south center line of said township thirty-seven north, range forty-one east of the Willamette Meridian, which line will be the west line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten and three of said township when the same are surveyed, to the north line of said township thirty-seven; thence east, along the south line of township thirty-eight north, range forty-one east of Willamette Meridian to the southeast corner of said township thirty-eight north, range forty-one east of the Willamette Meridian; thence to the southwest corner of section thirty-one in township thirty-eight north, range forty-two east of Willamette Meridian; thence north, along the west line of said township thirty-eight, to the northwest corner of said township thirty-eight; thence east along the north line of township thirty-eight, to the center point on the south line of township thirty-nine north, range forty-two east of Willamette Meridian, which point will be the southwest corner of section thirty-four of said township thirty-nine when the same are surveyed; thence north along the north and south center line of said township thirty-nine, which line will be the west line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten and three of said township thirty-nine, when the same are surveyed, to the north line of said township thirtynine; thence east along the south line of township forty north, range forty-two east, of Willamette Meridian to the southeast corner of said township forty; thence north, along the east line of said township forty, to the international boundary line; thence east along the international boundary line, to the intersection of the state line between the states of Washington and Idaho with said international boundary line; thence south along said state line, to the southeast corner of section thirtyone, township thirty north, range forty-six east of Willamette Meridian; thence due west to the southeast corner of section thirty-six, township thirty north, range forty-two east of Willamette Meridian, to the place of beginning. [1911 c 28 § 1; RRS § 3950.] 36.04.270 Pierce county. Pierce county shall consist of the territory bounded as follows, to wit: Commencing at the mouth, midchannel, of the Nisqually river; thence following the main channel of said river to its head; thence due east to the summit of the Cascade mountains; thence northerly along the summit to the head of the Green Water; thence westerly down said river to its confluence with White river; thence down the main channel of White river to the intersection of the fifth standard parallel; thence west along said line to the southeast corner of section thirty-one, township twenty-one north, range four east of Willamette Meridian; thence north along the east line of said section thirty-one to its intersection with the northerly line of the Puyallup Indian reservation; thence northwesterly on said line of the Puyallup Indian reservation, projected northwesterly in a straight line, to its intersection with the center line of Puget Sound; thence southwesterly and westerly following the channel of Dalco Passage to the south entrance of Colvo’s Passage; thence down the channel of said passage to the northeast corner of section sixteen, in township twenty-two north, range two east; thence west to the northeast corner of section sixteen, in township twenty-two north, range one west; thence southerly along the channels of Case’s Inlet and Puget Sound, to the 36.04.270 (2010 Ed.) 36.04.310 middle of the mouth of the Nisqually river and place of beginning. [1869 p 294 § 1; 1867 p 47 § 1; 1859 p 59 § 1; 1855 p 43 § 1; RRS § 3951.] 36.04.280 San Juan county. San Juan county shall consist of the territory bounded as follows, to wit: Commencing in the Gulf of Georgia at the place where the boundary line between the United States and the British possessions deflects from the forty-ninth parallel of north latitude; thence following said boundary line through the Gulf of Georgia and Haro Strait to the middle of the Strait of Fuca; thence easterly through Fuca Straits along the center of the main channel between Blunt’s Island and San Juan and Lopez Islands to a point easterly from the west entrance of Deception Pass, until opposite the middle of the entrance to the Rosario Straits; thence northerly through the middle of Rosario Straits and through the Gulf of Georgia to the place of beginning. [1877 p 425 § 1; 1873 p 461 § 1; RRS § 3952.] 36.04.280 36.04.290 Skagit county. Skagit county shall consist of the territory bounded as follows, to wit: Commencing at midchannel of Rosario Strait where the dividing line between townships thirty-six and thirty-seven intersects the same; thence east on said township line to the summit of the Cascade mountains; thence south along the summit of said mountain range to the eighth standard parallel; thence west along the parallel to the center of the channel or deepest channel of the nearest arm of Puget Sound and extending along said channel to the east entrance of Deception Pass; thence through said pass to the center of the channel of Rosario Strait; thence northerly along said channel to the place of beginning. [1883 p 97 § 1; RRS § 3953.] 36.04.290 36.04.300 Skamania county. Skamania county shall consist of the territory bounded as follows, to wit: Commencing on the Columbia river at a point where range line four east strikes said river; thence north to the north boundary of township ten north; thence east to a point due north of the mouth of White Salmon; thence south to the township line dividing townships six and seven; thence west to the northwest corner of Klickitat county; thence south along the west boundary of said county to the Columbia river; thence along the midchannel of said river to the place of beginning. [1881 p 187 § 1; 1879 p 213 § 1; 1867 p 49 § 1; 1854 p 472 § 1; RRS § 3954.] 36.04.300 36.04.310 Snohomish county. Snohomish county shall consist of the territory bounded as follows, to wit: Commencing at the southwest corner of Skagit county; thence east along the eighth standard parallel to the summit of the Cascade mountains; thence southerly along the summit of the Cascade mountains to the northeast corner of King county, it being a point due east of the northeast corner of township twenty-six north, range four east; thence due west along the north boundary of King county to Puget Sound; thence northerly along the channel of Puget Sound and Possession Sound to the entrance of Port Susan, including Gedney Island; thence up the main channel of Port Susan to the mouth of the Stillaguamish river; thence northwesterly through the channel of the slough at the head of Camano Island, known as 36.04.310 [Title 36 RCW—page 17] 36.04.320 Title 36 RCW: Counties Davis Slough; thence northerly to the place of beginning. [1877 p 426 § 3; 1869 p 291 § 1; 1867 p 44 § 1; 1862 p 107 § 1; 1861 p 19 § 1; RRS § 3955.] 36.04.320 Spokane county. Spokane county shall consist of the territory bounded as follows, to wit: Commencing at the northeast corner of Lincoln county; thence up the midchannel of the Spokane river to the Little Spokane river; thence north to the township line between townships twentynine and thirty; thence east to the boundary line between Washington and Idaho; thence south on said boundary line to the fifth standard parallel; thence west on said parallel to the Colville Guide Meridian; thence north on said meridian to the place of beginning. [1879 p 203; 1864 p 70; 1860 p 436; 1858 p 51; RRS § 3956.] 36.04.320 36.04.330 Stevens county. Stevens county shall consist of the territory bounded as follows, to wit: Commencing at the southeast corner of township thirty north, range forty-two east of the Willamette Meridian; thence north to the northeast corner of said township; thence west to the southwest corner of section thirty-four, township thirty-one north, range fortytwo east; thence north along the center line of townships thirty-one, thirty-two, thirty-three, thirty-four, thirty-five and thirty-six in said range forty-two east to the northwest corner of section three in township thirty-six north; thence west to the northwest corner of section three, township thirty-six north, range forty-one east; thence north along the center line of township thirty-seven to the northwest corner of section three in said township; thence east to the northeast corner of said township; thence north to the northwest corner of township thirty-eight, range forty-two east; thence east to the northwest corner of section three of said township; thence north along the center line of township thirty-nine to the northwest corner of section three in said township; thence east to the northeast corner of said township; thence north to the northern boundary line of the state; thence west to where said boundary line intersects the middle of the channel of the Kettle river; thence south along said channel to its confluence with the Columbia river; thence continuing south along the middle of the channel of the Columbia river to its confluence with the Spokane river; thence easterly along the channel of the Spokane to the Little Spokane river; thence north to the township line separating townships twenty-nine and thirty; thence east to the place of beginning. [(i) 1 H.C. §30; 1888 p 70; 1879 p 203; 1869 p 297; 1867 p 50; 1864 p 70; 1863 p 6; RRS § 3957. (ii) 1899 c 18 § 1; RRS § 3934.] 36.04.330 36.04.340 Thurston county. Thurston county shall consist of the territory bounded as follows, to wit: Commencing at the southeast corner of section thirty-two in township nineteen north, range four west; thence east on the township line to the southeast corner of section thirty-two in township nineteen north, range three west; thence north to the middle of the channel of Totten’s Inlet; thence along said channel to the waters of Puget Sound, intersecting the line in the channel of Puget Sound west of the southern portion of Squaxen Reservation; thence following said channel to the mouth of the Nisqually river; thence up midchannel of said river to a point where it strikes the north boundary of Lewis 36.04.340 [Title 36 RCW—page 18] county; thence due west to the northwest corner of section twenty-six, township fifteen north, range four west; thence north to the southeast corner of section thirty-four in township eighteen north, range four west; thence west on the township line to the southeast corner of section thirty-two; thence north on the section line to the place of beginning. [1 H.C. §31; 1873 p 482; 1869 p 294; 1867 p 47; 1863 p 7; 1860 p 458; RRS § 3958.] 36.04.350 Wahkiakum county. Wahkiakum county shall consist of the territory bounded as follows, to wit: Commencing at the southeast corner of Pacific county, on the Columbia river; thence up midchannel of said river to the southwest corner of Cowlitz county; thence north to the northwest corner of Cowlitz county; thence west on the northern boundary of township ten north to the line between ranges eight and nine west; thence south to the place of beginning. [1879 p 213; 1869 p 295; 1867 p 48; 1854 p 474; RRS § 3959.] 36.04.350 36.04.360 Walla Walla county. Walla Walla county shall consist of the territory bounded as follows, to wit: Commencing at a point where the boundary line between Washington and Oregon intersects the Columbia river; thence up the main channel of the Columbia to the mouth of the Snake river; thence up the main channel of said river to where the range line between ranges thirty-six and thirty-seven intersects said point; thence south on said range line to the northwest corner of township nine north, range thirty-seven east; thence east on the north boundary line of township nine north, range thirty-seven east, to the northeast corner of said township; thence south on the line between ranges thirtyseven and thirty-eight east, of the Willamette Meridian, to the northwest corner of township eight north, range thirty-eight east; thence along the north boundary line of township eight north, range thirty-eight east, to the northeast corner of said township; thence due south to the line dividing the state of Washington from the state of Oregon; thence due west on said dividing line to the place of beginning. [(i) 1 H.C. §33; 1879 p 226; 1875 p 133; 1869 p 397; 1868 p 60; 1867 p 50; 1858 p 51; 1854 p 472; RRS § 3960. (ii) 1879 p 226; RRS § 3960-1.] 36.04.360 36.04.370 Whatcom county. Whatcom county shall consist of the territory bounded as follows, to wit: Commencing on the forty-ninth parallel at the point dividing the American and British possessions in the Gulf of Georgia; thence along said boundary line to where it deflects at the north entrance to the Haro Strait; thence along the northeasterly boundary of San Juan county to the ninth standard parallel, or the northwest corner of Skagit county; thence due east along said parallel to the summit of the Cascade mountains; thence northerly along the summit of said mountains to the forty-ninth parallel of north latitude; thence west along said parallel to the place of beginning. [1 H.C. §34; 1877 p 426; 1869 p 291; 1867 p 44; 1859 p 60; 1854 p 475; RRS § 3961.] 36.04.370 36.04.380 Whitman county. Whitman county shall consist of the territory bounded as follows, to wit: Commencing at a point where the range line between ranges 36.04.380 (2010 Ed.) Actions to Establish Boundaries thirty-eight and thirty-nine east intersects the fifth standard parallel, being the northeast corner of Adams county; thence east on said parallel to the boundary line between Idaho and Washington; thence south on said boundary line to the midchannel of the Snake river; thence down the midchannel of the Snake river to its intersection with the midchannel of the Palouse river; thence north along the midchannel of the Palouse river to the point where the same intersects the range line between ranges thirty-eight and thirty-nine east; thence north along said range line to the place of beginning. [(i) 1 H.C. §35; 1875 p 189; 1871 p 134; RRS § 3962. (ii) 1883 p 87; RRS § 3935. (iii) 1883 p 93; RRS § 3924.] 36.05.080 may bring and maintain suit against such other adjoining county or counties, in equity, in the superior court, to establish the location of the boundary line or lines. [1963 c 4 § 36.05.010. Prior: 1897 c 76 § 1; RRS § 3964.] 36.05.020 Noninterested judge to sit. A suit to establish county boundary lines shall be tried before a judge of the superior court who is not a resident of a county which is a party to such suit, or of a judicial district embracing any such county. [1963 c 4 § 36.05.020. Prior: 1897 c 76 § 2; RRS § 3965.] 36.05.020 36.05.030 Residents of area may intervene. A majority of the voters living in the territory embracing such disputed, lost, obscure, or uncertain boundary line may, by petition, duly verified by one or more of them, intervene in the suit, and thereupon the court shall have jurisdiction and power, in locating and establishing the boundary line or lines, to strike or transfer from one county to another a strip or portion of such territory not exceeding two miles in width. [1963 c 4 § 36.05.030. Prior: 1897 c 76 § 3; RRS § 3966.] 36.05.030 36.04.390 Yakima county. Yakima county shall consist of the territory bounded as follows, to wit: Commencing at the northwest corner of township six north of range twelve east; thence east along the north boundary of township six north until said line intersects the range line between range twenty-three east and range twenty-four east; thence north along said range line to the Columbia river; thence north up the midchannel of said river to the southeast corner of Kittitas county; thence along the southern boundary of Kittitas county to the summit of the Cascade mountains; thence southerly to the southeast corner of Lewis county; thence west along the line of said county to the northeast corner of Skamania county; thence along the east line of Skamania county to the line between townships six and seven north; thence east along said line to the place of beginning. [1905 c 89 § 1; 1886 p 168; 1873 p 571; 1869 p 296; 1868 p 60; 1867 p 50; RRS § 3963.] 36.04.390 36.04.400 Survey of county boundaries. All common boundaries and common corners of counties not adequately marked by natural objects or lines, or by surveys lawfully made, must be definitely established by surveys jointly made by all the counties affected thereby, and approved by the board of county commissioners of such counties. The cost of making such surveys shall be apportioned equally among the counties interested, and the board of county commissioners shall audit the same, and the amounts shall be paid out of the county current expense fund. [Code 1881 § 2661; RRS § 3990.] 36.04.400 Chapter 36.05 RCW ACTIONS TO ESTABLISH BOUNDARIES Chapter 36.05 Sections 36.05.040 Questions of fact to be determined. The boundaries of such territory, the number of voters living therein, and the sufficiency of such petition are questions of fact to be determined by the court. [1963 c 4 § 36.05.040. Prior: 1897 c 76 § 5; RRS § 3968.] 36.05.040 36.05.050 Court may establish boundary line. The court shall have power to move or establish such boundary line on any government section line or subdivisional line thereof, of the section in or through which said disputed, lost, obscure or uncertain boundary line may be located, or if such boundary line is in unsurveyed territory, then the court shall have power to move or establish such boundary line so it will conform to extensions of government section lines already surveyed in that vicinity. [1963 c 4 § 36.05.050. Prior: 1897 c 76 § 6; RRS § 3969.] 36.05.050 36.05.060 Practice in civil actions to prevail. The practice, procedure, rules of evidence, and appeals to the supreme court or the court of appeals applicable to civil actions, are preserved under this chapter. [1971 c 81 § 96; 1963 c 4 § 36.05.060. Prior: 1897 c 76 § 7; RRS § 3970.] 36.05.060 Lines not to be changed by special act: State Constitution Art. 2 § 28(18). 36.05.070 Copies of decree to be filed and recorded. The clerk of the court in whose office a decree is entered under the provisions of this chapter, shall forthwith furnish certified copies thereof to the secretary of state, and to the auditors of the counties, which are parties to said suit. The secretary of state, and the county auditors, shall file and record said copies of the decree in their respective offices. [1963 c 4 § 36.05.070. Prior: 1897 c 76 § 8; RRS § 3971.] 36.05.010 Suit in equity authorized—Grounds. Whenever the boundary line between two or more adjoining counties in this state are in dispute, or have been lost by time, accident or any other cause, or have become obscure or uncertain, one or more of the counties, in its corporate name, 36.05.080 "Territory" defined. The term "territory," as used in this chapter, means that portion of counties lying along the boundary line and within one mile on either side thereof. [1963 c 4 § 36.05.080. Prior: 1897 c 76 § 4; RRS § 3967.] 36.05.010 36.05.020 36.05.030 36.05.040 36.05.050 36.05.060 36.05.070 36.05.080 36.05.010 (2010 Ed.) 36.05.070 Suit in equity authorized—Grounds. Noninterested judge to sit. Residents of area may intervene. Questions of fact to be determined. Court may establish boundary line. Practice in civil actions to prevail. Copies of decree to be filed and recorded. "Territory" defined. 36.05.080 [Title 36 RCW—page 19] Chapter 36.08 Title 36 RCW: Counties Chapter 36.08 RCW TRANSFER OF TERRITORY WHERE CITY’S HARBOR LIES IN TWO COUNTIES Chapter 36.08 Sections 36.08.010 36.08.020 36.08.030 36.08.040 36.08.050 36.08.060 36.08.070 36.08.080 36.08.090 36.08.100 Petition and notice of election. Conduct of election—Proclamation of change. Official proceedings not disturbed by transfer. Local officers to serve out terms. Transferee county liable for existing debts—Exception. Adjustment of indebtedness. Arbitration of differences. Expense of proceedings. Transcript of records by county auditor. Construction—Limitations. 36.08.010 Petition and notice of election. If a harbor, inlet, bay, or mouth of river is embraced within two adjoining counties, and an incorporated city is located upon the shore of such harbor, bay, inlet, or mouth of river and it is desired to embrace within the limits of one county, the full extent of the shore line of the harbor, port, or bay, and the waters thereof, together with a strip of the adjacent and contiguous upland territory not exceeding three miles in width, to be measured back from highwater mark, and six miles in length, and not being at a greater distance in any part of said strip from the courthouse in the county seat of the county to which the territory is proposed to be annexed, as such county seat and courthouse are now situated, than ten miles, a majority of the qualified electors living in such territory may petition to have the territory stricken from the county of which it shall then be a part, and added to and made a part of the county contiguous thereto. The petition shall describe with certainty the bounds and area of the territory, with the reasons for making the change and shall be presented to the board of county commissioners of the county in which the territory is located, which shall proceed to ascertain if the petition contains the requisite number of petitioners, who must be bona fide residents of the territory sought to be stricken off and transferred to the contiguous county. If satisfied that the petition is signed by a majority of the bona fide electors of the territory, and that there will remain in the county from which it is taken more than four thousand inhabitants, the board shall make an order that a special election be held within the limits of the territory described in the petition, on a date to be named in the order. Notices of the election shall contain a description of the territory proposed to be transferred and the names of the counties from and to which the transfer is intended to be made, and shall be posted and published as required for general elections. [1963 c 4 § 36.08.010. Prior: 1891 c 144 § 1; RRS § 3972.] 36.08.010 36.08.020 Conduct of election—Proclamation of change. The election shall be conducted in all respects as general elections are conducted under the laws governing general elections, in so far as they may be applicable, except that there shall be triplicate returns made, one to each of the respective county auditors and another to the office of the secretary of state. The ballots used at such election shall contain the words "for transferring territory," or "against transferring territory." The votes shall be canvassed, as by law required, within twenty days, and if three-fifths of the votes 36.08.020 [Title 36 RCW—page 20] cast in the territory at such election are "for transferring territory," the territory described in the petition shall become a part of and be added to and made a part of the county contiguous thereto, and within thirty days after the canvass of the returns of the election, the governor shall issue his or her proclamation of the change of county lines. [2009 c 549 § 4001; 1963 c 4 § 36.08.020. Prior: 1891 c 144 § 2; RRS § 3973.] 36.08.030 36.08.030 Official proceedings not disturbed by transfer. All assessments and collection of taxes, and all judicial or other official proceedings commenced prior to the governor’s proclamation transferring territory to a contiguous county, shall be continued, prosecuted, and completed in the same manner as if no such transfer had been made. [1963 c 4 § 36.08.030. Prior: 1891 c 144 § 3; RRS § 3974.] 36.08.040 36.08.040 Local officers to serve out terms. All township, precinct, school, and road district officers within the transferred territory shall continue to hold their respective offices within the county to which they may be transferred until their respective terms of office expire, and until their successors are elected and qualified. [1963 c 4 § 36.08.040. Prior: 1891 c 144 § 4; RRS § 3975.] 36.08.050 36.08.050 Transferee county liable for existing debts—Exception. Every county which is thus enlarged by territory taken from another county shall be liable for a just proportion of the existing debts of the county from which such territory is stricken, which proportion shall be paid by the county to which such territory is transferred at such time and in such manner as may be agreed upon by the boards of county commissioners of both counties: PROVIDED, That the county to which the territory is transferred shall not be liable for any portion of the debt of the county from which the territory is taken, incurred in the purchase of any county property, or the construction of any county building then in use or under construction, which shall fall within and be retained by the county from which the territory is taken. [1963 c 4 § 36.08.050. Prior: 1891 c 144 § 5; RRS § 3976.] 36.08.060 36.08.060 Adjustment of indebtedness. The county auditors of the respective counties interested in the transfer of territory, as in this chapter provided, are constituted a board of appraisers and adjusters, to appraise the property, both real and personal, owned by the county from which the territory is taken, and to adjust the indebtedness of such county with the county to which such territory is transferred, in proportion to the amount of taxable property within the territory taken from the one county and transferred to the other. [1963 c 4 § 36.08.060. Prior: 1891 c 144 § 6; RRS § 3977.] 36.08.070 36.08.070 Arbitration of differences. If the board of appraisers and adjusters do not agree on any subject, value, or settlement, they shall choose a third person from an adjoining county to settle their differences, and the decision thus arrived at shall be final. [2009 c 549 § 4002; 1963 c 4 § 36.08.070. Prior: 1891 c 144 § 7; RRS § 3978.] (2010 Ed.) New County—Liability for Debts 36.08.080 Expense of proceedings. The expense of the proceedings and election provided for in this chapter shall be paid by the county to which the territory is attached. [1963 c 4 § 36.08.080. Prior: 1891 c 144 § 8; RRS § 3979.] 36.08.080 36.08.090 Transcript of records by county auditor. The county auditor of the county to which any territory may be transferred may take transcripts of all records, books, papers, etc., on file in the office of the county auditor of the county from which the territory has been transferred, which may be necessary to perfect the records of his or her county, and for this purpose he or she shall have access to the records of the county from which such territory is stricken, free of cost. [2009 c 549 § 4003; 1963 c 4 § 36.08.090. Prior: 1891 c 144 § 9; RRS § 3980.] 36.08.090 36.08.100 Construction—Limitations. Nothing in this chapter shall be construed to authorize the annexing of territory of one county to a neighboring county, where the territory proposed to be annexed, or any part thereof, is at a greater distance than ten miles from the courthouse in the county seat of the county to which said territory is proposed to be annexed, as said courthouse is now located, nor to authorize the annexation of any territory at a greater distance than three miles from high water mark of tide water, but such annexation shall be strictly confined within said limits. [1963 c 4 § 36.08.100. Prior: 1891 c 144 § 10; RRS § 3981.] 36.08.100 Chapter 36.09 RCW NEW COUNTY—LIABILITY FOR DEBTS Chapter 36.09 (Formerly: Division of county) Sections 36.09.010 36.09.020 36.09.035 36.09.040 36.09.050 Debts and property to be apportioned. Procedure to settle amount charged new county—Basis of apportionment. Procedure to settle amount charged new county—Disagreement between auditors—Determination by third person. Payment of indebtedness—Transfer of property. Collection of taxes levied—Apportionment. Combined city and county municipal corporations: State Constitution Art. 11 § 16 (Amendment 58). New county formation by special act allowed: State Constitution Art. 2 § 28(18). restrictions on formation: State Constitution Art. 11 § 3. 36.09.010 Debts and property to be apportioned. Whenever a new county shall be or shall have been organized out of the territory which was included within the limits of any other county or counties, the new county shall be liable for a reasonable proportion of the debts of the county from which it was taken, and entitled to its proportion of the property of the county. [1963 c 4 § 36.09.010. Prior: Code 1881 § 2657; 1863 p 538 § 3; 1854 p 330 § 1; RRS § 3986.] 36.09.010 36.09.020 Procedure to settle amount charged new county—Basis of apportionment. The auditor of the old county shall give the auditor of the new county reasonable notice to meet him or her on a certain day at the county seat of the old county, or at some other convenient place, to settle upon and fix the amount which the new county shall pay. In doing so, they shall not charge either county with any share of 36.09.020 (2010 Ed.) 36.09.050 debts arising from the erection of public buildings, or out of the construction of roads or bridges which shall be and remain, after the division, within the limits of the other county, and of the other debts they shall apportion to each county such a share of the indebtedness as may be just and equitable, taking into consideration the population of such portion of territory so forming a part of the said counties while so united, and also the relative advantages, derived from the old county organization. [2009 c 549 § 4004; 1963 c 4 § 36.09.020. Prior: (i) Code 1881 § 2658; 1863 p 538 § 4; 1854 p 330 § 2; RRS § 3987. FORMER PART OF SECTION: 1909 c 79 § 1, part; Code 1881 § 2662, part; RRS § 3991, part. Now codified in RCW 36.09.050.] 36.09.035 Procedure to settle amount charged new county—Disagreement between auditors—Determination by third person. In case the two auditors cannot agree, they shall call a third person, not a citizen of either county, or in any other manner interested, whose decision shall be binding. In case they cannot agree upon such third person, they shall each name one and decide by lot which it shall be. [1963 c 4 § 36.09.035. Prior: Code 1881 § 2659; 1863 p 539 § 5; 1854 p 330 § 3; RRS § 3988.] 36.09.035 36.09.040 Payment of indebtedness—Transfer of property. The auditor of the county indebted upon such decision shall give to the auditor of the other county his or her order upon the treasurer for the amount to be paid out of the proper fund, as in other cases, and also make out a transfer of such property as shall be assigned to either county. [2009 c 549 § 4005; 1963 c 4 § 36.09.040. Prior: Code 1881 § 2660; 1863 p 539 § 6; 1854 p 330 § 4; RRS § 3989.] 36.09.040 36.09.050 Collection of taxes levied—Apportionment. When a county is divided or the boundary is altered, all taxes levied before the division was made or boundaries changed, must be collected by the officers of the county in which the territory was situated before the division or change. And the auditor or auditors of the county or counties so divided or having boundaries changed, shall apportion the amount of the real property taxes so collected after division or change of boundary to the old county or counties and the new county or counties, in the ratio of the assessed value of such property situated in the territory of each county or counties respectively, and the old county that may have been divided or whose boundaries may have been changed, shall retain all of the personal property taxes on the said tax rolls, as compensation for cost of collection of the entire taxes: PROVIDED, That in such accounting neither county shall be charged with any debt or liability then existing incurred in the purchase of any county property, or in the purchase or construction of any county buildings then in use or under construction, which shall fall within and be retained by the county: PROVIDED FURTHER, That this shall not be construed to affect the rights of creditors: AND PROVIDED FURTHER, That any such county property or buildings shall be the property of and owned by the county wherein the same is situated. In case the auditors of the interested counties are not able to agree upon the proportion to be awarded to each county, the same shall be determined by the judge of the 36.09.050 [Title 36 RCW—page 21] Chapter 36.12 Title 36 RCW: Counties superior court of the district in which all of the interested counties are situated, if they be in one district, and have one common judge, and if not, by the judges sitting en banc of the superior courts of the counties involved. Said auditors shall make said apportionment within sixty days after the creation of any new county or the changing of boundaries of any old county, and if they do not, within said time, agree upon said apportionment, thereafter either or any county affected may petition the judge or judges of any court given jurisdiction by this section, and upon ten days’ notice to any other county affected, the same may be brought on for hearing and summarily disposed of by said judge or judges, after allowing each side an opportunity to be heard. [1963 c 4 § 36.09.050. Prior: 1909 c 79 § 1; Code 1881 § 2662; RRS § 3991. Formerly RCW 36.09.020, part, 36.09.030 and 36.09.050.] Chapter 36.12 Chapter 36.12 RCW REMOVAL OF COUNTY SEATS Sections 36.12.010 36.12.020 36.12.030 36.12.040 36.12.050 36.12.060 36.12.070 36.12.080 36.12.090 Petition for removal—Financial impact statement. Requisites of petition—Submission to electors. Notice of election—Election, how held. Manner of voting. Vote required—Notice of result. Time of removal. Notice to county clerk and secretary of state. Failure of election—Limitation on subsequent removal election. Limitation on successive removal elections. County seats location and removal: State Constitution Art. 11 § 2. not to be changed by special act: State Constitution Art. 2 § 28(18). 36.12.010 Petition for removal—Financial impact statement. Whenever the inhabitants of any county desire to remove the county seat of the county from the place where it is fixed by law or otherwise, they shall present a petition to the board of county commissioners of their county praying such removal, and that an election be held to determine to what place such removal must be made. The petition shall set forth the names of the towns or cities to which the county seat is proposed to be removed and shall be filed at least six months before the election. The county shall issue a statement analyzing the financial impact of the proposed removal at least sixty days before the election. The financial impact statement shall include, but not be limited to, an analysis of the: (1) Probable costs to the county government involved in relocating the county seat; (2) probable costs to county employees as a result of relocating the county seat; and (3) probable impact on the city or town from which the county seat is proposed to be removed, and on the city or town where the county seat is proposed to be relocated. [1985 c 145 § 1; 1963 c 4 § 36.12.010. Prior: 1890 p 318 § 1; RRS § 3998.] 36.12.010 36.12.030 36.12.030 Notice of election—Election, how held. Notice of the election, clearly stating the object, shall be given, and the election must be held and conducted, and the returns made, in all respects in the manner prescribed by law in regard to elections for county officers. [1963 c 4 § 36.12.030. Prior: 1890 p 318 § 3; RRS § 4000.] 36.12.040 36.12.040 Manner of voting. In voting on the question, each voter must vote for or against the place named in the petition. [1963 c 4 § 36.12.040. Prior: 1890 p 318 § 4; RRS § 4001.] 36.12.050 36.12.050 Vote required—Notice of result. When the returns have been received and compared, and the results ascertained by the board, if three-fifths of the legal votes cast by those voting on the proposition are in favor of any particular place the proposition has been adopted. The board of county commissioners must give notice of the result by posting notices thereof in all the election precincts in the county. [1963 c 4 § 36.12.050. Prior: 1890 p 318 § 5; RRS § 4002.] 36.12.060 36.12.060 Time of removal. In the notice provided for in RCW 36.12.050, the place selected to be the county seat of the county must be so declared upon a day not more than ninety days after the election. After the day named the place chosen is the seat of the county; and the several county officers, whose offices are required by law to be kept at the county seat, shall remove their respective offices, files, records, office fixtures, furniture, and all public property pertaining to their respective offices to the new county seat. [1963 c 4 § 36.12.060. Prior: 1890 p 318 § 6; RRS § 4003.] 36.12.070 36.12.070 Notice to county clerk and secretary of state. Whenever any election has been held for change of county seat, the notice given by the board of county commissioners showing the result thereof must be deposited in the office of the county clerk, and a certified copy thereof transmitted to the secretary of state. [1963 c 4 § 36.12.070. Prior: 1890 p 319 § 7; RRS § 4004.] 36.12.080 36.12.080 Failure of election—Limitation on subsequent removal election. When an election has been held and no one place receives three-fifths of all the votes cast, the former county seat shall remain the county seat, and no second election may be held within eight years thereafter. [1985 c 145 § 2; 1963 c 4 § 36.12.080. Prior: 1890 p 319 § 8; RRS § 4005.] 36.12.090 36.12.020 Requisites of petition—Submission to electors. If the petition is signed by qualified voters of the county equal in number to at least one-third of all the votes cast in the county at the last preceding general election the board must, at the next general election of county officers, submit the question of removal to the electors of the county. [1963 c 4 § 36.12.020. Prior: 1890 p 318 § 2; RRS § 3999.] 36.12.020 [Title 36 RCW—page 22] 36.12.090 Limitation on successive removal elections. When the county seat of a county has been removed by a popular vote of the people of the county, it may be again removed, from time to time, in the manner provided by this chapter, but no two elections to effect such removal may be held within eight years. [1985 c 145 § 3; 1963 c 4 § 36.12.090. Prior: 1890 p 319 § 9; RRS § 4006.] (2010 Ed.) Classification of Counties Chapter 36.13 Chapter 36.13 RCW CLASSIFICATION OF COUNTIES Sections 36.13.020 36.13.030 36.13.040 36.13.050 36.13.070 36.13.100 County census authorized. County census authorized—Personnel—How conducted. County census authorized—Information to be given enumerators. County census authorized—Classification to be based on census. County census authorized—Penalty. Determination of population. Combined city and county municipal corporations: State Constitution Art. 11 § 16 (Amendment 58). 36.13.020 County census authorized. The legislative authority of any county may order a county census to be taken of all the inhabitants of the county. The expense of such census enumeration shall be paid from the county current expense fund. [1991 c 363 § 44; 1977 ex.s. c 110 § 6; 1963 c 4 § 36.13.020. Prior: (i) 1923 c 177 § 1; RRS § 4200-6. (ii) 1923 c 177 § 5; RRS § 4200-10.] Chapter 36.16 36.13.100 Determination of population. Whenever any provision of law refers to the population of a county for purposes of distributing funds or for any other purpose, the population of the respective counties shall be determined by the most recent census, population estimate by the office of financial management, or special county census as certified by the office of financial management. [1991 c 363 § 45; 1963 c 4 § 36.13.100. Prior: 1949 c 92 § 1; Rem. Supp. 1949 § 4200-6a.] 36.13.100 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Population determinations, office of financial management: Chapter 43.62 RCW. 36.13.020 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 36.13.030 County census authorized—Personnel— How conducted. For the purpose of making a county census, the legislative authority of any county may employ one or more suitable persons. The census shall be conducted in accordance with standard census definitions and procedures as specified by the office of financial management. [1979 c 151 § 37; 1977 ex.s. c 110 § 1; 1963 c 4 § 36.13.030. Prior: 1923 c 177 § 2; RRS § 4200-7.] 36.13.030 Population determinations, office of financial management: Chapter 43.62 RCW. 36.13.040 County census authorized—Information to be given enumerators. All persons resident in the county, having knowledge of the facts, shall give the information required herein to any duly authorized census enumerator when requested by him or her. [2009 c 549 § 4006; 1963 c 4 § 36.13.040. Prior: 1923 c 177 § 4; RRS § 4200-9.] 36.13.040 36.13.050 County census authorized—Classification to be based on census. The board of county commissioners shall determine the population of the county based upon such special county census. Based upon such census, it shall enter an order declaring and fixing the population of the county in accordance with such determination, and from and after the entry of the order the county shall be considered and classified for all purposes according to the population thus determined. [1963 c 4 § 36.13.050. Prior: 1923 c 177 § 3; RRS § 4200-8.] 36.13.050 36.13.070 County census authorized—Penalty. Any person violating any of the provisions of RCW 36.13.020, 36.13.030, 36.13.040, and 36.13.050, or any officer or enumerator making, assisting, or permitting any duplication of names or making, permitting, or assisting in the enumeration of any fictitious names or persons in taking the census, shall be guilty of a gross misdemeanor. [1963 c 4 § 36.13.070. Prior: 1923 c 177 § 6; RRS § 4200-11.] 36.13.070 (2010 Ed.) Chapter 36.16 Chapter 36.16 RCW COUNTY OFFICERS—GENERAL Sections 36.16.010 36.16.020 36.16.030 36.16.032 36.16.040 36.16.050 36.16.060 36.16.070 36.16.087 36.16.090 36.16.100 36.16.110 36.16.115 36.16.120 36.16.125 36.16.130 36.16.136 36.16.138 36.16.139 36.16.140 Time of election. Term of county and precinct officers. Elective county officers enumerated. Offices of auditor and clerk may be combined in counties with populations of less than five thousand—Salary. Oath of office. Official bonds. Place of filing oaths and bonds. Deputies and employees. Deputies and employees—County treasurer—Prior deeds validated. Office space. Offices to be open certain days and hours. Vacancies in office. Vacancy in partisan elective office—Appointment of acting official. Officers must complete business. Elected officials—Abandonment of responsibilities—Declaratory judgment—Compensation denied during abandonment. Group false arrest insurance for law enforcement personnel. Liability insurance for officers and employees. Liability insurance for officers and employees of municipal corporations and political subdivisions authorized. Insurance and workers’ compensation for offenders performing community restitution. Public auction sales, where held. Accounts, reports of to state auditor: RCW 43.09.230 through 43.09.240. Agricultural agents, assistants, as college employees for retirement benefit purposes: RCW 28B.10.400. expert, pest extermination by: RCW 17.12.060. Air pollution control officer: RCW 70.94.170. Assistant superintendents of schools: RCW 28A.310.020, 28A.310.230. Board of adjustment for airport zoning: Chapter 14.12 RCW. Board of managers, county and city tuberculosis hospital: Chapter 70.30 RCW. Civil service for sheriff’s office, county officers to aid in carrying out: RCW 41.14.200. Clerks, election duties relating to polling place regulations after closing: Chapters 29A.44 and 29A.60 RCW. polling place regulations during voting hours: Chapter 29A.44 RCW. generally: Chapter 29A.44 RCW. violations by, penalties: Chapter 29A.84 RCW. Code of ethics for municipal officers—Contract interests: Chapter 42.23 RCW. Compensation, constitutional provision: State Constitution Art. 11 § 5 (Amendment 57). Continuity of government act, effect as to: RCW 42.14.040, 42.14.070. [Title 36 RCW—page 23] 36.16.010 Title 36 RCW: Counties County administrator (public assistance): RCW 74.04.070 through 74.04.080. Review board, county officers to assist: RCW 35.13.173. County superintendent of schools community center board of supervisors, superintendent as member: RCW 28A.335.270. penalties applicable to: Chapter 28A.635 RCW. powers and duties prescribed: Chapter 28A.310 RCW. Sanitary officers: Chapter 70.05 RCW. Salaried officers not to receive witness fees: RCW 42.16.020, 42.16.030. Social security, federal, coverage includes county employees: Chapter 41.48 RCW. Special commissioner (flood control by counties jointly): RCW 86.13.060. Dental hygienists, licensed, county may employ: RCW 18.29.050. State board of health measures, officers to enforce: RCW 43.20.050. Department of revenue, to advise: Chapter 84.08 RCW. Detention home personnel: Chapter 13.04 RCW. Director of public health, generally: Chapter 70.08 RCW. Supervisor of elections, duties relating to hospital district elections: Chapter 70.44 RCW. P.U.D. elections: RCW 54.04.060. District health officer generally: Chapter 70.46 RCW. vital statistics, officer as registrar: Chapter 70.58 RCW. Support of dependent children, officials to charge no fees in connection with: RCW 74.20.300. Surveyor to determine town boundaries: RCW 35.27.040. Electrical construction violations, county officers liable—Penalty: RCW 19.29.060. Unclaimed money and property in hands of public authority, disposition: RCW 63.29.130. Eligibility to hold office: RCW 42.04.020. Vacancies in county offices, how filled: State Constitution Art. 11 § 6 (Amendment 52). Employee safety award programs: RCW 36.32.460. Examiner of titles: RCW 65.12.090. Flood control activities, immunity of from liability: RCW 86.12.037. Free transportation for public officers prohibited: State Constitution Art. 12 § 20. Health officer boarding homes, officer to aid in administration of licensing laws: Chapter 18.20 RCW. children with disabilities, education of: RCW 28A.155.030. convention of: RCW 43.70.140. duties relating to certified copies of birth or death certificates: RCW 70.58.107. child welfare agencies: Chapter 74.15 RCW. embalmers, licensing of: Chapter 18.39 RCW. sexually transmitted disease: Chapter 70.24 RCW. hearing tests for pupils, officer may give: RCW 28A.210.020. vital statistics, officer as registrar: Chapter 70.58 RCW. water recreational facilities: Chapter 70.90 RCW. Hospitalization and medical aid insurance for: RCW 41.04.180, 41.04.190. Interchange of personnel with federal agency, rights preserved: RCW 41.04.140 through 41.04.170. Juvenile probation officer, psychopathic delinquents, officer’s duties: Chapter 71.06 RCW. Local authorities, county officer as for motor vehicle purposes: RCW 46.04.280. Lost or uncertain boundary lines, commissioners appointed to ascertain: RCW 58.04.030. Military leave for public employees: RCW 38.40.060. personnel, apprehension and restraint: Chapter 38.38 RCW. Misconduct of public officers: Chapter 42.20 RCW. Moneys, use by, of official, a felony: State Constitution Art. 11 § 14. Moneys to be deposited with treasurer: State Constitution Art. 11 § 15. Oaths, who may administer: RCW 5.28.010. Officers, elections, duties, terms, compensation: State Constitution Art. 11 § 5 (Amendment 57). Payroll deductions for: RCW 41.04.020 through 41.04.036. Probation counselors: Chapter 13.04 RCW. Probation officer, family court, officer’s duties: RCW 26.12.070. Property tax advisor: RCW 84.48.140. Public bodies, meetings: Chapter 42.30 RCW. Public hospital district superintendent: Chapter 70.44 RCW. Public officers, terms when vacancies filled: RCW 42.12.030. P.U.D. taxes certified to and collected by county officials: RCW 54.16.080. Recall of: State Constitution Art. 1 §§ 33, 34 (Amendment 8). Registration of public officer, how effectuated: RCW 42.12.020. Retirement systems, retention of rights: Chapter 41.04 RCW. [Title 36 RCW—page 24] 36.16.010 Time of election. The election of county and precinct officers shall be held on the Tuesday next following the first Monday in November, 1922; and every four years thereafter on the Tuesday next following the first Monday in November, and all such elective county and precinct officers shall after midnight, June 11, 1919, be elected at the time herein specified: PROVIDED, That if a vacancy occur during the first biennium after any such election, an election to fill such vacancy for the unexpired term shall be held at the next succeeding general election. [1963 c 4 § 36.16.010. Prior: 1919 c 175 § 2; RRS § 4030.] 36.16.010 36.16.020 Term of county and precinct officers. The term of office of all county and precinct officers shall be four years and until their successors are elected and qualified and assume office in accordance with *RCW 29.04.170: PROVIDED, That this section and RCW 36.16.010 shall not apply to county commissioners. [1979 ex.s. c 126 § 26; 1963 c 4 § 36.16.020. Prior: 1959 c 216 § 2; 1919 c 175 § 1; 1886 p 101 § 2; Code 1881 § 3153; 1877 p 330 § 2; 1871 p 35 § 3; 1867 p 7 § 4; RRS § 4029.] 36.16.020 *Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1). 36.16.030 Elective county officers enumerated. Except as provided elsewhere in this section, in every county there shall be elected from among the qualified voters of the county a county assessor, a county auditor, a county clerk, a county coroner, three county commissioners, a county prosecuting attorney, a county sheriff and a county treasurer, except that in each county with a population of less than forty thousand no coroner shall be elected and the prosecuting attorney shall be ex officio coroner. Whenever the population of a county increases to forty thousand or more, the prosecuting attorney shall continue as ex officio coroner until a coroner is elected, at the next general election at which the office of prosecuting attorney normally would be elected, and assumes office as provided in *RCW 29.04.170. In any county where the population has once attained forty thousand people and a current coroner is in office and a subsequent census indicates less than forty thousand people, the county legislative authority may maintain the office of coroner by 36.16.030 (2010 Ed.) County Officers—General resolution or ordinance. If the county legislative authority has not passed a resolution or enacted an ordinance to maintain the office of coroner, the elected coroner shall remain in office for the remainder of the term for which he or she was elected, but no coroner shall be elected at the next election at which that office would otherwise be filled and the prosecuting attorney shall be the ex officio coroner. In a county with a population of two hundred fifty thousand or more, the county legislative authority may replace the office of coroner with a medical examiner system and appoint a medical examiner as specified in RCW 36.24.190. A noncharter county may have five county commissioners as provided in RCW 36.32.010 and 36.32.055 through 36.32.0558. [1996 c 108 § 1; 1991 c 363 §§ 46, 47; 1990 c 252 § 8; 1963 c 4 § 36.16.030. Prior: 1955 c 157 § 5; prior: (i) Code 1881 § 2707; 1869 p 310 §§ 1-3; 1863 p 549 §§ 1-3; 1854 p 424 §§ 1-3; RRS § 4083. (ii) Code 1881 § 2738; 1863 p 552 § 1; 1854 p 426 § 1; RRS § 4106. (iii) 1891 c 5 § 1; RRS § 4127. (iv) 1890 p 478 § 1; 1886 p 164 § 1; 1883 p 39 § 1; Code 1881 § 2752; 1869 p 402 § 1; 1854 p 428 § 1; RRS § 4140. (v) 1943 c 139 § 1; Code 1881 § 2766; 1863 p 557 § 1; 1854 p 434 § 1; Rem. Supp. 1949 § 4155. (vi) Code 1881 § 2775, part; 1863 p 559 § 1, part; 1854 p 436 § 1, part; RRS § 4176, part. (vii) 1933 c 136 § 2; 1925 ex.s. c 148 § 2; RRS § 4200-2a. (viii) 1937 c 197 § 1; 1933 c 136 § 3; 1925 ex.s. c 148 § 3; RRS § 4200-3a. (ix) 1937 c 197 § 2; 1933 c 136 § 4; 1925 ex.s. c 148 § 4; RRS § 4200-4a. (x) 1927 c 37 § 1; 1890 p 304 § 2; RRS § 4205-1.] *Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Additional notes found at www.leg.wa.gov 36.16.032 Offices of auditor and clerk may be combined in counties with populations of less than five thousand—Salary. The office of county auditor may be combined with the office of county clerk in each county with a population of less than five thousand by unanimous resolution of the county legislative authority passed thirty days or more prior to the first day of filing for the primary election for county offices. The salary of such office of county clerk combined with the office of county auditor, and the salary of the office of county auditor that is not combined with the office of county clerk, shall be not less than ten thousand three hundred dollars. The county legislative authority of such county is authorized to increase or decrease the salary of such office: PROVIDED, That the legislative authority of the county shall not reduce the salary of any official below the amount which such official was receiving on January 1, 1973. [1991 c 363 § 48; 1973 1st ex.s. c 88 § 1; 1972 ex.s. c 97 § 1; 1967 ex.s. c 77 § 1; 1963 c 164 § 2; 1963 c 4 § 36.16.032. Prior: 1957 c 219 § 4.] 36.16.032 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 36.16.040 Oath of office. Every person elected to county office shall before he or she enters upon the duties of his or her office take and subscribe an oath or affirmation that he or she will faithfully and impartially discharge the duties of his or her office to the best of his or her ability. This oath, 36.16.040 (2010 Ed.) 36.16.050 or affirmation, shall be administered and certified by an officer authorized to administer oaths, without charge therefor. [2009 c 549 § 4007; 1963 c 4 § 36.16.040. Prior: 1955 c 157 § 6; prior: (i) Code 1881 § 2666; 1869 p 303 § 4; 1863 p 541 § 4; 1854 p 420 § 4; RRS § 4045. (ii) Code 1881 § 2708, part; 1869 p 310 § 4, part; 1863 p 549 § 4, part; 1854 p 424 § 4, part; RRS § 4084, part. (iii) 1943 c 249 § 1; Code 1881 § 2739; 1863 p 553 § 2, part; 1854 p 426 § 2; Rem. Supp. 1943 § 4107. (iv) 1886 p 61 § 4, part; 1883 p 73 § 9, part; Code 1881 § 2163, part; 1877 p 246 § 5, part; 1863 p 408 § 3, part; 1860 p 334 § 3, part; 1858 p 12 § 3, part; 1854 p 417 § 3, part; RRS § 4129, part. (v) 1897 c 71 § 44; 1893 c 124 § 46; Code 1881 § 2753; 1854 p 428 § 2; RRS § 4141. (vi) Code 1881 § 2774; 1863 p 558 § 9; 1854 p 435 § 9; RRS § 4156. (vii) Code 1881 § 2775, part; 1863 p 559 § 1, part; 1854 p 436 § 1, part; RRS § 4176, part. (viii) Code 1881 § 2096; 1869 p 374 § 18; RRS § 4231. (ix) 1909 c 97 p 280 § 1, part; 1903 c 104 § 13, part; 1899 c 142 § 5, part; 1897 c 118 § 30, part; 1890 p 355 § 10, part; Code 1881 § 3170, part; RRS § 4767, part. (x) 1925 ex.s. c 130 § 55; 1891 c 140 § 46; 1890 p 548 § 50; RRS § 11138.] Election officials, oaths of office: RCW 29A.44.490 through 29A.44.520. Examiner of titles, oath of: RCW 65.12.090. 36.16.050 36.16.050 Official bonds. Every county official before he or she enters upon the duties of his or her office shall furnish a bond conditioned that he or she will faithfully perform the duties of his or her office and account for and pay over all money which may come into his or her hands by virtue of his or her office, and that he or she, or his or her executors or administrators, will deliver to his or her successor safe and undefaced all books, records, papers, seals, equipment, and furniture belonging to his or her office. Bonds of elective county officers shall be as follows: (1) Assessor: Amount to be fixed and sureties to be approved by proper county legislative authority; (2) Auditor: Amount to be fixed at not less than ten thousand dollars and sureties to be approved by the proper county legislative authority; (3) Clerk: Amount to be fixed in a penal sum not less than double the amount of money liable to come into his or her hands and sureties to be approved by the judge or a majority of the judges presiding over the court of which he or she is clerk: PROVIDED, That the maximum bond fixed for the clerk shall not exceed in amount that required for the treasurer in the same county; (4) Coroner: Amount to be fixed at not less than five thousand dollars with sureties to be approved by the proper county legislative authority; (5) Members of the proper county legislative authority: Sureties to be approved by the county clerk and the amounts to be: (a) In each county with a population of one hundred twenty-five thousand or more, twenty-five thousand dollars; (b) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand, twenty-two thousand five hundred dollars; (c) In each county with a population of from forty thousand to less than seventy thousand, twenty thousand dollars; [Title 36 RCW—page 25] 36.16.060 Title 36 RCW: Counties (d) In each county with a population of from eighteen thousand to less than forty thousand, fifteen thousand dollars; (e) In each county with a population of from twelve thousand to less than eighteen thousand, ten thousand dollars; (f) In each county with a population of from eight thousand to less than twelve thousand, seven thousand five hundred dollars; (g) In all other counties, five thousand dollars; (6) Prosecuting attorney: In the amount of five thousand dollars with sureties to be approved by the proper county legislative authority; (7) Sheriff: Amount to be fixed and bond approved by the proper county legislative authority at not less than five thousand nor more than fifty thousand dollars; surety to be a surety company authorized to do business in this state; (8) Treasurer: Sureties to be approved by the proper county legislative authority and the amounts to be fixed by the proper county legislative authority at double the amount liable to come into the treasurer’s hands during his or her term, the maximum amount of the bond, however, not to exceed: (a) In each county with a population of two hundred ten thousand or more, two hundred fifty thousand dollars; (b) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand, two hundred thousand dollars; (c) In each county with a population of from eighteen thousand to less than one hundred twenty-five thousand, one hundred fifty thousand dollars; (d) In all other counties, one hundred thousand dollars. The treasurer’s bond shall be conditioned that all moneys received by him or her for the use of the county shall be paid as the proper county legislative authority shall from time to time direct, except where special provision is made by law for the payment of such moneys, by order of any court, or otherwise, and for the faithful discharge of his or her duties. Bonds for other than elective officials, if deemed necessary by the proper county legislative authority, shall be in such amount and form as such legislative authority shall determine. In the approval of official bonds, the chair may act for the county legislative authority if it is not in session. [2010 1st sp.s. c 26 § 5; 1991 c 363 § 49; 1971 c 71 § 1; 1969 ex.s. c 176 § 91; 1963 c 4 § 36.16.050. Prior: 1955 c 157 § 7; prior: (i) 1895 c 53 § 1; RRS § 70. (ii) 1895 c 53 § 2, part; RRS § 71, part. (iii) 1921 c 132 § 1, part; 1893 c 75 § 7, part; RRS § 4046, part. (iv) Code 1881 § 2708, part; 1869 p 310 § 4, part; 1863 p 549 § 4, part; 1854 p 424 § 4, part; RRS § 4084, part. (v) 1943 c 249 § 1, part; Code 1881 § 2739, part; 1863 p 553 § 2, part; 1854 p 426 § 2, part; Rem. Supp. 1943 § 4107, part. (vi) 1886 p 61 § 4, part; 1883 p 73 § 9, part; Code 1881 § 2163, part; 1877 p 246 § 5, part; 1863 p 408 § 3, part; 1860 p 334 § 3, part; 1858 p 12 § 3, part; 1854 p 417 § 3, part; RRS 4129, part. (vii) 1897 c 71 § 44, part; 1893 p 124 § 46, part; Code 1881 § 2753, part; 1854 p 428 § 2, part; RRS § 4141, part. (viii) 1943 c 139 § 1, part; Code 1881 § 2766, part; 1863 p 557 § 1, part; 1854 p 434 § 1, part; Rem. Supp. 1943 § 4155, part. (ix) Code 1881 § 2775, part; 1863 p 559 § 1, part; 1854 p 436 § 1, part; RRS § 4176, part. (x) 1909 c 97 p 280 § 1, part; 1903 c 104 § 13, part; 1899 c 142 § 5, part; 1897 c 118 § 30, part; 1890 p 355 § 10, part; Code 1881 § [Title 36 RCW—page 26] 3170, part; RRS § 4767, part. (xi) 1890 p 35 § 5, part; RRS § 9934, part. (xii) 1925 ex.s. c 130 § 55, part; 1891 c 140 § 46, part; 1890 p 548 § 50, part; RRS § 11138, part.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Auditor as registrar of titles, bond for: RCW 65.12.055. Examiner of titles, bond: RCW 65.12.090. Public officers, official bonds Code of 1881, county application: RCW 42.08.010 through 42.08.050. 1890 act, county application: RCW 42.08.060 through 42.08.170. 36.16.060 Place of filing oaths and bonds. Every county officer, before entering upon the duties of his or her office, shall file his or her oath of office in the office of the county auditor and his or her official bond in the office of the county clerk: PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor, shall be filed in the office of the county treasurer. Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed. [2009 c 549 § 4008; 1963 c 4 § 36.16.060. Prior: 1955 c 157 § 8; prior: (i) 1895 c 53 § 2, part; RRS § 71, part. (ii) 1890 p 35 § 5, part; RRS § 9934, part.] 36.16.060 36.16.070 Deputies and employees. In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and other necessary employees with the consent of the board of county commissioners. The board shall fix their compensation and shall require what deputies shall give bond and the amount of bond required from each. The sureties on deputies’ bonds must be approved by the board and the premium therefor is a county expense. A deputy may perform any act which his or her principal is authorized to perform. The officer appointing a deputy or other employee shall be responsible for the acts of his or her appointees upon his or her official bond and may revoke each appointment at pleasure. [2009 c 549 § 4009; 1969 ex.s. c 176 § 92; 1963 c 4 § 36.16.070. Prior: 1959 c 216 § 3; 1957 c 219 § 2; prior: (i) Code 1881 § 2716; 1869 p 312 § 10; 1863 p 550 § 7; 1854 p 425 § 7; RRS § 4093. (ii) Code 1881 § 2741; 1863 p 553 § 4; 1854 p 427 § 4; RRS § 4108. (iii) Code 1881 § 2767, part; 1871 p 110 § 1, part; 1863 p 557 § 2, part; 1854 p 434 § 2, part; RRS § 4160, part. (iv) 1905 c 60 § 1; RRS § 4177. (v) 1905 c 60 § 2; RRS § 4178. (vi) 1905 c 60 § 3; RRS § 4179. (vii) 1949 c 200 § 1, part; 1945 c 87 § 1, part; 1937 c 197 § 3, part; 1925 ex.s. c 148 § 6, part; Rem. Supp. 1949 § 4200-5a, part. (viii) 1943 c 260 § 1; Rem. Supp. 1943 § 4200-5b.] 36.16.070 County clerk, deputies of: Chapter 2.32 RCW. 36.16.087 Deputies and employees—County treasurer—Prior deeds validated. In all cases in which the county treasurer of any county in the state of Washington shall have executed a tax deed or deeds prior to February 21, 1903, either to his or her county or to any private person or persons or corporation whomsoever, said deed or deeds shall not be deemed invalid by reason of the county treasurer who executed the same not having affixed a seal of office to the same, or having affixed a seal not an official seal; nor shall said deed or deeds be deemed invalid by reason of the fact 36.16.087 (2010 Ed.) County Officers—General that at the date of the execution of said deed or deeds there was in the state of Washington no statute providing for an official seal for the office of county treasurer. [2009 c 549 § 4010; 1963 c 4 § 36.16.087. Prior: 1903 c 15 § 2; RRS § 4126. Formerly RCW 36.16.080.] 36.16.090 36.16.090 Office space. The boards of county commissioners of the several counties of the state shall provide a suitable furnished office for each of the county officers in their respective courthouses and may provide additional offices elsewhere for the officers at the board’s discretion. [2009 c 105 § 1; 1963 c 4 § 36.16.090. Prior: 1893 c 82 § 1; Code 1881 § 2677; 1869 p 306 § 15; 1854 p 422 § 15; RRS § 4032. SLC-RO-14.] 36.16.100 36.16.100 Offices to be open certain days and hours. All county and precinct offices shall be kept open for the transaction of business during such days and hours as the board of county commissioners shall by resolution prescribe. [1963 c 4 § 36.16.100. Prior: 1955 ex.s. c 9 § 2; prior: 1951 c 100 § 1; 1941 c 113 § 1, part; Rem. Supp. 1941 § 9963-1, part.] 36.16.125 c 163 § 1; RRS § 4059; prior: Code 1881 § 2689; 1867 p 57 § 28.] Findings—Intent—2010 c 207: "The legislature finds that a number of counties have moved to designate certain countywide elective offices as nonpartisan. Because the creation of these nonpartisan offices is a relatively new occurrence, there is not a mechanism in the state Constitution or statutory laws to fill vacancies in these offices. The legislature also finds that many local governments have not created a mechanism for expediently filling the vacancies. The legislature further finds the following: Political representation is an important and fundamental aspect of elective government; vacancies in elective office effectively disenfranchise portions of the state’s citizenry; vacancies in elective office can hamper or completely stall the efficient administration of all aspects of governance, including the appointment of inferior office holders responsible for the administration of health, public safety, and a myriad of social services; and that all of these governing functions represent public policy considerations of broad concern. Therefore, it is the responsibility and intent of the legislature to provide a mechanism for filling vacancies in these offices that is in keeping with the state Constitution and current statute." [2010 c 207 § 1.] Contingent effective date—2003 c 238: "This act takes effect January 1, 2004, if the proposed amendment to Article II, section 15 of the state Constitution (HJR 4206) is validly submitted to and is approved and ratified by the voters at a general election held in November 2003. If the proposed amendment is not approved and ratified, this act is void in its entirety." [2003 c 238 § 5.] House Joint Resolution No. 4206 was approved by the voters on November 4, 2003. 36.16.115 Vacancy in partisan elective office— Appointment of acting official. Where a vacancy occurs in any partisan county elective office, other than a member of the county legislative authority, the county legislative authority may appoint an employee that was serving as a deputy or assistant in such office at the time the vacancy occurred as an acting official to perform all necessary duties to continue normal office operations. The acting official will serve until a successor is either elected or appointed as required by law. This section does not apply to any vacancy occurring in a charter county which has charter provisions inconsistent with this section. [1981 c 180 § 3.] 36.16.115 36.16.110 36.16.110 Vacancies in office. (1) The county legislative authority in each county shall, at its next regular or special meeting after being appraised of any vacancy in any county, township, precinct, or road district office of the county, fill the vacancy by the appointment of some person qualified to hold such office, and the officers thus appointed shall hold office until the next general election, and until their successors are elected and qualified. (2) If a vacancy occurs in a partisan county office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW 29A.04.133 and shall continue through the term for which he or she was elected. (3) If a vacancy occurs in a nonpartisan county board of commissioners elective office or nonpartisan county council elective office, the person appointed to fill the vacancy must be from the same legislative district, county, or county commissioner or council district as the county elective officer whose office was vacated, and must be one of three persons who must be nominated by the nonpartisan executive or nonpartisan chair of the board of commissioners for the county. In case a majority of the members of the county legislative authority do not agree upon the appointment within sixty days after the vacancy occurs, the governor shall within thirty days thereafter, and from the list of nominees provided for in this section, appoint someone to fill the vacancy. (4) If a vacancy occurs in a nonpartisan county board of commissioners elective office or nonpartisan county council elective office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor may commence once he or she has qualified as defined in RCW 29A.04.133 and shall continue through the term for which he or she was elected. [2010 c 207 § 2; 2003 c 238 § 1; 1963 c 4 § 36.16.110. Prior: 1927 (2010 Ed.) Reviser’s note: 1981 c 180 § 3 directed that this section be added to chapter 29.18 RCW. Since this placement appears inappropriate, this section has been codified as part of chapter 36.16 RCW. Election of successor: RCW 42.12.040. Filing period, special: RCW 29A.24.210. Additional notes found at www.leg.wa.gov 36.16.120 Officers must complete business. All county officers shall complete the business of their offices, to the time of the expiration of their respective terms, and in case any officer, at the close of his or her term, leaves to his or her successor official labor to be performed, which it was his or her duty to perform, he or she shall be liable to his or her successor for the full value of such services. [2009 c 549 § 4011; 1963 c 4 § 36.16.120. Prior: 1890 p 315 § 43; RRS § 4031.] 36.16.120 36.16.125 Elected officials—Abandonment of responsibilities—Declaratory judgment—Compensation denied during abandonment. The county legislative authority of a county may cause an action to be filed in the superior court of that county for a declaratory judgment finding that a county elected official has abandoned his or her responsibilities by being absent from the county and failing to perform his or her official duties for a period of at least thirty consecutive days, but not including: (1) Absences 36.16.125 [Title 36 RCW—page 27] 36.16.130 Title 36 RCW: Counties approved by the county legislative authority; or (2) absences arising from leave taken for legitimate medical or disability purposes. If such a declaratory judgment is issued, the county official is no longer eligible to receive compensation from the date the declaratory judgment is issued until the court issues a subsequent declaratory judgment finding that the county official has commenced performing his or her responsibilities. [1999 c 71 § 1.] 36.16.130 Group false arrest insurance for law enforcement personnel. Any county may contract with an insurance company authorized to do business in this state to provide group false arrest insurance for its law enforcement personnel and pursuant thereto may use such portion of its revenues to pay the premiums therefor as the county may determine. [1963 c 127 § 2.] 36.16.130 36.16.136 Liability insurance for officers and employees. The board of county commissioners of each county may purchase liability insurance with such limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties. [1969 ex.s. c 59 § 1.] 36.16.136 36.16.138 Liability insurance for officers and employees of municipal corporations and political subdivisions authorized. Any board of commissioners, council, or board of directors or other governing board of any county, city, town, school district, port district, public utility district, water-sewer district, irrigation district, or other municipal corporation or political subdivision is authorized to purchase insurance to protect and hold personally harmless any of its commissioners, council members, directors, or other governing board members, and any of its other officers, employees, and agents from any action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, purported performance, or failure of performance, in good faith of duties for, or employment with, such institutions and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims, or proceedings. The purchase of such insurance for any of the foregoing individuals and the policy limits shall be discretionary with the municipal corporation or political subdivision, and such insurance shall not be considered to be compensation for these individuals. The provisions of this section are cumulative and in addition to any other provision of law authorizing any municipal corporation or political subdivision to purchase liability insurance. [1999 c 153 § 43; 1975 c 16 § 1.] ers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of community restitution imposed by court order or pursuant to RCW 13.40.080. The legislative authority of a county may elect to treat offenders as employees and/or workers under Title 51 RCW. [2002 c 175 § 32; 1984 c 24 § 3.] Effective date—2002 c 175: See note following RCW 7.80.130. Workers’ compensation coverage of offenders performing community restitution: RCW 51.12.045. 36.16.140 Public auction sales, where held. Public auction sales of property conducted by or for the county shall be held at such places as the county legislative authority may direct. [1991 c 363 § 50; 1991 c 245 § 3; 1965 ex.s. c 23 § 6.] 36.16.140 Reviser’s note: This section was amended by 1991 c 245 § 3 and by 1991 c 363 § 50, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Building permit—County must require payroll estimate under industrial insurance act: RCW 51.12.070. Public lands—Advertisement—Hours: RCW 79.11.165. Sales of county property, where held: RCW 36.34.080. Tax sales, where held: RCW 84.64.080, 36.35.120. 36.16.138 Liability insurance for officers and employees authorized: RCW 28A.400.360, 28B.10.660, 35.21.205, 52.12.071, 53.08.205, 54.16.095, 57.08.105, and 87.03.162. Additional notes found at www.leg.wa.gov 36.16.139 Insurance and workers’ compensation for offenders performing community restitution. The legislative authority of a county may purchase liability insurance in an amount it deems reasonable to protect the county, its offic36.16.139 [Title 36 RCW—page 28] Chapter 36.17 Chapter 36.17 RCW SALARIES OF COUNTY OFFICERS Sections 36.17.010 36.17.020 36.17.024 36.17.031 36.17.040 36.17.042 36.17.045 36.17.050 36.17.055 36.17.900 Salary full compensation—Compensation denied, when. Schedule of salaries. County commissioner and councilmember salary commissions. Reimbursement for travel allowances and allowances in lieu of actual expenses. Payment of salaries of officers and employees. Weekly or biweekly pay periods. Deductions for contributions, payments, and dues authorized. Salary withheld, when authorized. Salary adjustment for county legislative authority office—Ratification and validation of preelection action. Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. Cemetery and morgue employees, salary of: RCW 68.52.020. Compensation of county officials: State Constitution Art. 11 § 5 (Amendment 57). County commissioners, compensation and/or expenses determining towns boundaries: RCW 35.27.060. flood control by counties jointly, duties: RCW 86.13.060. metropolitan council member: RCW 35.58.160. pest exterminator: RCW 17.12.060. Department of personnel to study salaries of elective county officials: RCW 43.03.028. 36.17.010 Salary full compensation—Compensation denied, when. The county officers of the counties of this state shall receive a salary for the services required of them by law, or by virtue of their office, which salary shall be full compensation for all services of every kind and description rendered by them. However, if the superior court issues a declaratory judgment under RCW 36.16.125 finding that a county officer has abandoned his or her duties, the county officer may not be paid compensation. [1999 c 71 § 2; 1991 36.17.010 (2010 Ed.) Salaries of County Officers c 363 § 51; 1963 c 4 § 36.17.010. Prior: 1890 p 312 § 32; RRS § 4210.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 36.17.020 Schedule of salaries. The county legislative authority of each county or a county commissioner or councilmember salary commission which conforms with RCW 36.17.024 is authorized to establish the salaries of the elected officials of the county. The state and county shall contribute to the costs of the salary of the elected prosecuting attorney as set forth in subsection (11) of this section. The annual salary of a county elected official shall not be less than the following: (1) In each county with a population of one million or more: Auditor, clerk, treasurer, sheriff, members of the county legislative authority, and coroner, eighteen thousand dollars; and assessor, nineteen thousand dollars; (2) In each county with a population of from two hundred ten thousand to less than one million: Auditor, seventeen thousand six hundred dollars; clerk, seventeen thousand six hundred dollars; treasurer, seventeen thousand six hundred dollars; sheriff, nineteen thousand five hundred dollars; assessor, seventeen thousand six hundred dollars; members of the county legislative authority, nineteen thousand five hundred dollars; and coroner, seventeen thousand six hundred dollars; (3) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand: Auditor, sixteen thousand dollars; clerk, sixteen thousand dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand six hundred dollars; assessor, sixteen thousand dollars; members of the county legislative authority, seventeen thousand six hundred dollars; and coroner, sixteen thousand dollars; (4) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand: Auditor, fourteen thousand nine hundred dollars; clerk, fourteen thousand nine hundred dollars; treasurer, fourteen thousand nine hundred dollars; assessor, fourteen thousand nine hundred dollars; sheriff, fourteen thousand nine hundred dollars; members of the county legislative authority, fourteen thousand nine hundred dollars; and coroner, fourteen thousand nine hundred dollars; (5) In each county with a population of from forty thousand to less than seventy thousand: Auditor, thirteen thousand eight hundred dollars; clerk, thirteen thousand eight hundred dollars; treasurer, thirteen thousand eight hundred dollars; assessor, thirteen thousand eight hundred dollars; sheriff, thirteen thousand eight hundred dollars; members of the county legislative authority, thirteen thousand eight hundred dollars; and coroner, thirteen thousand eight hundred dollars; (6) In each county with a population of from eighteen thousand to less than forty thousand: Auditor, twelve thousand one hundred dollars; clerk, twelve thousand one hundred dollars; treasurer, twelve thousand one hundred dollars; sheriff, twelve thousand one hundred dollars; assessor, twelve thousand one hundred dollars; and members of the county legislative authority, eleven thousand dollars; 36.17.020 (2010 Ed.) 36.17.020 (7) In each county with a population of from twelve thousand to less than eighteen thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; and members of the county legislative authority, nine thousand four hundred dollars; (8) In each county with a population of from eight thousand to less than twelve thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; and members of the county legislative authority, seven thousand dollars; (9) In each county with a population of from five thousand to less than eight thousand: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; assessor, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; and members of the county legislative authority, six thousand five hundred dollars; (10) In each other county: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; assessor, nine thousand one hundred dollars; and members of the county legislative authority, six thousand five hundred dollars; (11) The state of Washington shall contribute an amount equal to one-half the salary of a superior court judge towards the salary of the elected prosecuting attorney. Upon receipt of the state contribution, a county shall continue to contribute towards the salary of the elected prosecuting attorney in an amount that equals or exceeds that contributed by the county in 2008. [2008 c 309 § 2; 2001 c 73 § 3; 1994 sp.s. c 4 § 1; 1991 c 363 § 52; 1973 1st ex.s. c 88 § 2; 1971 ex.s. c 237 § 1; 1969 ex.s. c 226 § 1; 1967 ex.s. c 77 § 2; 1967 c 218 § 3; 1963 c 164 § 1; 1963 c 4 § 36.17.020. Prior: 1957 c 219 § 3; prior: (i) 1953 c 264 § 1; 1949 c 200 § 1, part; 1945 c 87 § 1, part; 1937 c 197 § 3, part; 1933 c 136 § 6, part; 1925 ex.s. c 148 § 6, part; 1919 c 168 § 2, part; Rem. Supp. 1949 § 4200-5a, part. (ii) 1921 c 184 § 2; RRS § 4203.] Findings—2008 c 309: "The legislature finds that an elected county prosecuting attorney functions as both a state officer in pursuing criminal cases on behalf of the state of Washington, and as a county officer who acts as civil counsel for the county, and provides services to school districts and lesser taxing districts by statute. The elected prosecuting attorney’s dual role as a state officer and a county officer is reflected in various provisions of the state Constitution and within state statute. The legislature finds that the responsibilities and decisions required of the elected prosecuting attorney are essentially the same in every county within Washington state, from a decision to seek the death penalty in an aggravated murder case, to the decision not to prosecute but refer an offender to drug court; from a decision to pursue child rape charges based solely upon the testimony of the child, to a decision to divert juvenile offenders out of the justice system. Therefore, the legislature finds that elected prosecuting attorneys need to exercise the same level of skill and expertise in the least populous county as in the most populous county. The legislature finds that the salary of the elected county prosecuting attorney should be tied to that of a superior court judge. This furthers the state’s interests and responsibilities under the state Constitution, and is consistent with the current practice of several counties in Washington state, the practices of several other states, and the national district attorneys’ association national standards." [2008 c 309 § 1.] [Title 36 RCW—page 29] 36.17.024 Title 36 RCW: Counties Effective date—2008 c 309: "This act takes effect July 1, 2008." [2008 c 309 § 3.] Findings—Intent—Severability—2001 c 73: See notes following RCW 35.21.015. Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Counties with populations of less than five thousand, combined office of auditor and clerk, salary: RCW 36.16.032. Additional notes found at www.leg.wa.gov 36.17.024 County commissioner and councilmember salary commissions. (1) Salaries for county commissioners and councilmembers may be set by county commissioner and councilmember salary commissions established by ordinance or resolution of the county legislative authority and in conformity with this section. (2) Commissions established under subsection (1) of this section shall be known as the (Insert name of county) county citizens’ commission on salaries for elected officials. Each commission shall consist of ten members appointed by the county commissioner or executive with the approval of the county legislative authority, or by a majority vote of the county legislative authority if there is no single county commissioner or executive, as provided in this section. (a) Six of the ten commission members shall be selected by lot by the county auditor from among those registered voters eligible to vote at the time persons are selected for appointment to full terms on the commission under (c) of this subsection. In noncharter counties, the county auditor shall select two commission members living in each commissioner’s district. The county auditor shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection from a commissioner’s district if a person selected from the district declines appointment to the commission or if, following the person’s appointment, the person’s position on the commission becomes vacant before the end of the person’s term of office. (b) The remaining four of the ten commission members must be residents of the county and shall be appointed by the county commissioner or executive with approval of the county legislative authority, or by a majority vote of the county legislative authority if there is no single county commissioner or executive. The persons selected under this subsection shall have had experience in the field of personnel management. Of these four members, one shall be selected from each of the following four sectors in the county: Business, professional personnel management, legal profession, and organized labor. (c) If there is a single county commissioner or executive, the county auditor shall forward the names of persons selected under (a) of this subsection to the county commissioner or executive who shall appoint these persons to the commission. (d) No person may be appointed to more than two terms. No member of the commission may be removed by the county commissioner or executive, or county legislative authority if there is no single county commissioner or executive, during his or her term of office unless for cause of inca36.17.024 [Title 36 RCW—page 30] pacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence. (e) The members of the commission may not include any officer, official, or employee of the county or any of their immediate family members. "Immediate family member" as used in this subsection means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. (f) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as for the original appointment. (3) Any change in salary shall be filed by the commission with the county auditor and shall become effective and incorporated into the county budget without further action of the county legislative authority or salary commission. (4) Salary increases established by the commission shall be effective as to county commissioners and all members of the county legislative authority, regardless of their terms of office. (5) Salary decreases established by the commission shall become effective as to incumbent county commissioners and councilmembers at the commencement of their next subsequent terms of office. (6) Salary increases and decreases shall be subject to referendum petition by the people of the county in the same manner as a county ordinance upon filing of such petition with the county auditor within thirty days after filing of the salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by vote of the people. (7) Referendum measures under this section shall be submitted to the voters of the county at the next following general or municipal election occurring thirty days or more after the petition is filed, and shall be otherwise governed by the provisions of the state Constitution and laws generally applicable to referendum measures. (8) The action fixing the salary of a county commissioner or councilmember by a commission established in conformity with this section shall supersede any other provision of state statute or county ordinance related to municipal budgets or to the fixing of salaries of county commissioners and councilmembers. (9) Salaries for county commissioners and councilmembers established under an ordinance or resolution of the county legislative authority in existence on July 22, 2001, that substantially complies with this section shall remain in effect unless and until changed in accordance with such charter provision or ordinance. [2001 c 73 § 5.] Findings—Intent—Severability—2001 c 73: See notes following RCW 35.21.015. 36.17.031 Reimbursement for travel allowances and allowances in lieu of actual expenses. See RCW 42.24.090. 36.17.031 36.17.040 Payment of salaries of officers and employees. The salaries of county officers and employees of coun36.17.040 (2010 Ed.) Fees of County Officers ties other than counties with a population of less than five thousand may be paid twice monthly out of the county treasury, and the county auditor, for services rendered from the first to the fifteenth day, inclusive, may, not later than the last day of the month, draw a warrant upon the county treasurer in favor of each of such officers and employees for the amount of salary due him or her, and such auditor, for services rendered from the sixteenth to the last day, inclusive, may similarly draw a warrant, not later than the fifteenth day of the following month, and the county legislative authority, with the concurrence of the county auditor, may enter an order on the record journal empowering him or her so to do: PROVIDED, That if the county legislative authority does not adopt the semimonthly pay plan, it, by resolution, shall designate the first pay period as a draw day. Not more than forty percent of said earned monthly salary of each such county officer or employee shall be paid to him or her on the draw day and the payroll deductions of such officer or employee shall not be deducted from the salary to be paid on the draw day. If officers and employees are paid once a month, the draw day shall not be later than the last day of each month. The balance of the earned monthly salary of each such officer or employee shall be paid not later than the fifteenth day of the following month. In counties with a population of less than five thousand salaries shall be paid monthly unless the county legislative authority by resolution adopts the foregoing draw day procedure. [1991 c 363 § 53; 1988 c 281 § 9; 1963 c 4 § 36.17.040. Prior: 1959 c 300 § 1; 1953 c 37 § 1; 1890 p 314 § 37; RRS § 4220.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Additional notes found at www.leg.wa.gov 36.17.042 36.17.042 Weekly or biweekly pay periods. In addition to the pay periods permitted under RCW 36.17.040, counties may pay county officers and employees using the following methods: (1) The legislative authority of any county may establish a weekly or biweekly pay period where county officers and employees receive their compensation not later than seven days following the end of each pay period for services rendered during that pay period, except as authorized under subsection (3) of this section. (2) In a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW, the county legislative authority may establish a weekly or biweekly pay period where the county officers and employees receive their compensation not later than thirteen days following the end of each pay period for services rendered during that pay period. (3) The legislative authority of any county that currently uses a semimonthly pay period under RCW 36.17.040 may adopt a biweekly pay period. In such counties, county officers and employees shall receive their compensation not later than thirteen days following the end of each pay period for services rendered during that pay period. [2009 c 239 § 1; 1995 c 38 § 3; 1994 c 301 § 5; 1977 c 42 § 1.] Additional notes found at www.leg.wa.gov (2010 Ed.) Chapter 36.18 36.17.045 Deductions for contributions, payments, and dues authorized. Employees of the counties shall have the right to voluntarily authorize the monthly deduction of their pledges to the United Good Neighbor or its successor, monthly payment to a credit union as defined in RCW 31.12.005, and monthly dues to a labor union, from their salaries or wages. When such written authorization is received by the county auditor, he or she shall make such monthly deduction. [2009 c 337 § 1; 1963 c 164 § 3.] 36.17.045 36.17.050 Salary withheld, when authorized. If the superior court issues a declaratory judgment under RCW 36.16.125 finding that a county officer has abandoned his or her duties, the county officer may not be paid a salary. [2009 c 337 § 2; 1999 c 71 § 3; 1963 c 4 § 36.17.050. Prior: 1890 p 314 § 38; RRS § 4221.] 36.17.050 36.17.055 Salary adjustment for county legislative authority office—Ratification and validation of preelection action. See RCW 36.40.205. 36.17.055 36.17.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 § 81.] 36.17.900 Chapter 36.18 Chapter 36.18 RCW FEES OF COUNTY OFFICERS Sections 36.18.005 36.18.010 36.18.012 36.18.014 36.18.016 36.18.018 36.18.020 36.18.022 36.18.025 36.18.030 36.18.040 36.18.045 36.18.050 36.18.060 36.18.070 36.18.080 36.18.090 36.18.160 36.18.170 36.18.180 36.18.190 Definitions. Auditor’s fees. Various fees collected—Division with state. Fees—Division with county law library—Petition for emancipation for minors. Various fees collected—Not subject to division. Fees to state court, administrative office of the courts—Appellate review fee and surcharge—Variable fee for copies and reports. Clerk’s fees, surcharges. Filing fees may be waived—When. Portion of filing fees to be remitted to state treasurer. Coroner’s fees. Sheriff’s fees. Treasurer’s fees. Fees in special cases. Fees payable in advance—Exception. Single mileage chargeable when. Fee schedule to be kept posted. Itemized receipt to be given. Penalty for taking illegal fees. Penalty for failure to pay over fees. Office to be declared vacant on conviction. Collection of unpaid financial obligations—Collection contracts—Interest to collection agencies authorized. [Title 36 RCW—page 31] 36.18.005 Title 36 RCW: Counties 36.18.005 Definitions. The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Recording officer" means the county auditor, or in charter counties the county official charged with the responsibility for recording instruments in the county records. (2) "File," "filed," or "filing" means the act of delivering an instrument to the auditor or recording officer for recording into the official public records. (3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Multiple transactions" means a document that contains two or more titles and/or two or more transactions requiring multiple indexing. [1999 c 233 § 2; 1991 c 26 § 1.] 36.18.005 Additional notes found at www.leg.wa.gov 36.18.010 Auditor’s fees. County auditors or recording officers shall collect the following fees for their official services: (1) For recording instruments, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar. The fee for recording multiple transactions contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW 65.04.050 as follows: The fee for each title or transaction is the same fee as the first page of any additional recorded document; the fee for additional pages is the same fee as for any additional pages for any recorded document; the fee for the additional pages may be collected only once and may not be collected for each title or transaction; (2) For preparing and certifying copies, for the first page eight and one-half by fourteen inches or less, three dollars; for each additional page eight and one-half by fourteen inches or less, one dollar; (3) For preparing noncertified copies, for each page eight and one-half by fourteen inches or less, one dollar; (4) For administering an oath or taking an affidavit, with or without seal, two dollars; (5) For issuing a marriage license, eight dollars, (this fee includes taking necessary affidavits, filing returns, indexing, and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use and support of the prevention of child abuse and neglect activities to be transmitted monthly to the state treasurer and deposited in the state general fund plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and deposited in the state general fund. The legislature intends to appropriate an amount at least equal to the revenue generated by this fee for the purposes of the displaced homemaker act, chapter 28B.04 RCW; (6) For searching records per hour, eight dollars; (7) For recording plats, fifty cents for each lot except cemetery plats for which the charge shall be twenty-five cents per lot; also one dollar for each acknowledgment, dedication, and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars per plat; 36.18.010 [Title 36 RCW—page 32] (8) For recording of miscellaneous records not listed above, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and onehalf by fourteen inches or less, one dollar; (9) For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170; (10) For recording an emergency nonstandard document as provided in RCW 65.04.047, fifty dollars, in addition to all other applicable recording fees; (11) For recording instruments, a two-dollar surcharge to be deposited into the Washington state heritage center account created in RCW 43.07.129; (12) For recording instruments, a surcharge as provided in RCW 36.22.178; and (13) For recording instruments, except for documents recording a birth, marriage, divorce, or death or any documents otherwise exempted from a recording fee under state law, a surcharge as provided in RCW 36.22.179. [2007 c 523 § 2. Prior: 2005 c 484 § 19; 2005 c 374 § 1; 2002 c 294 § 3; 1999 c 233 § 3; 1996 c 143 § 1; 1995 c 246 § 37; 1991 c 26 § 2; prior: 1989 c 304 § 1; 1989 c 204 § 6; 1987 c 230 § 1; 1985 c 44 § 2; 1984 c 261 § 4; 1982 1st ex.s. c 15 § 7; 1982 c 4 § 12; 1977 ex.s. c 56 § 1; 1967 c 26 § 8; 1963 c 4 § 36.18.010; prior: 1959 c 263 § 6; 1953 c 214 § 2; 1951 c 51 § 4; 1907 c 56 § 1, part, p 92; 1903 c 151 § 1, part, p 295; 1893 c 130 § 1, part, p 423; Code 1881 § 2086, part, p 358; 1869 p 369 § 3; 1865 p 94 § 1; part; 1863 p 391 § 1, part, p 394; 1861 p 34 § 1, part, p 37; 1854 p 368 § 1, part, p 371; RRS §§ 497, part, 4105.] Effective date—2007 c 523 § 2: "Section 2 of this act takes effect January 1, 2008." [2007 c 523 § 8.] Contingency—2007 c 523: See note following RCW 43.07.128. Findings—Conflict with federal requirements—Effective date— 2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902. Findings—2002 c 294: See note following RCW 36.22.178. Findings—1989 c 204: See note following RCW 36.22.160. Family court funding, marriage license fee increase authorized: RCW 26.12.220. Additional notes found at www.leg.wa.gov 36.18.012 Various fees collected—Division with state. (1) Revenue collected under this section is subject to division with the state. (2) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing a fee of twenty dollars. (3) The clerk shall collect a fee of twenty dollars for: Filing a document not related to or a part of a proceeding, civil or criminal, or a probate matter, required or permitted to be filed in the clerk’s office for which no other charge is provided by law. (4) If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay before proceeding with the unlawful detainer action one hundred twelve dollars. (5) Any party filing a counterclaim, cross-claim, or thirdparty claim in an unlawful detainer action under chapter 59.18 or 59.20 RCW shall pay the equivalent to the total fil36.18.012 (2010 Ed.) Fees of County Officers ing fee of an unlawful detainer action pursuant to RCW 36.18.020, including the fee for an unlawful detainer answer pursuant to subsection (4) of this section. (6) For a restrictive covenant for filing a petition to strike discriminatory provisions in real estate under RCW 49.60.227 a fee of twenty dollars must be charged. (7) A fee of twenty dollars must be charged for filing a will only, when no probate of the will is contemplated. (8) A fee of twenty dollars must be charged for filing a petition, written agreement, or written memorandum in a nonjudicial probate dispute under RCW 11.96A.220, if it is filed within an existing case in the same court. (9) A fee of thirty-five dollars must be charged for filing a petition regarding a common law lien under RCW 60.70.060. (10) For the filing of a tax warrant for unpaid taxes or overpayment of benefits by any agency of the state of Washington, a fee of five dollars on or after July 22, 2001, and for the filing of such a tax warrant or overpayment of benefits on or after July 1, 2003, a fee of twenty dollars, of which fortysix percent of the first five dollars is directed to the state general fund. [2009 c 479 § 20; 2009 c 417 § 1; 2006 c 192 § 1; 2005 c 457 § 17; 2001 c 146 § 1; 1999 c 42 § 634; 1996 c 211 § 1; 1995 c 292 § 12.] Reviser’s note: This section was amended by 2009 c 417 § 1 and by 2009 c 479 § 20, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2009 c 479: See note following RCW 2.56.030. Intent—2005 c 457: See note following RCW 43.08.250. Additional notes found at www.leg.wa.gov 36.18.014 Fees—Division with county law library— Petition for emancipation for minors. (1) Revenue collected under this section is subject to division with the county law library under RCW 27.24.070. (2) For filing a petition for emancipation for minors as required under RCW 13.64.020 a fee up to fifty dollars must be collected. [1995 c 292 § 13.] 36.18.014 36.18.016 Various fees collected—Not subject to division. (1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070. (2)(a) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, and any party filing a counterclaim, crossclaim, or third-party claim in any such action, a fee of thirtysix dollars must be paid. (b) The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity of marriage shall pay, at the time and in addition to the filing fee required under RCW 36.18.020, a fee of thirty dollars. The clerk of the superior court shall transmit monthly twentyfour dollars of the thirty-dollar fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining six dollars shall be retained by the county for the purpose of supporting community-based services within the county for victims of domestic violence, except for five percent of the six dollars, which may be retained by the court for administrative purposes. 36.18.016 (2010 Ed.) 36.18.016 (3)(a) The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of one hundred twenty-five dollars; if the demand is for a jury of twelve, a fee of two hundred fifty dollars. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional one hundred twentyfive dollar fee will be required of the party demanding the increased number of jurors. (b) Upon conviction in criminal cases a jury demand charge of one hundred twenty-five dollars for a jury of six, or two hundred fifty dollars for a jury of twelve may be imposed as costs under RCW 10.46.190. (4) For preparing a certified copy of an instrument on file or of record in the clerk’s office, for the first page or portion of the first page, a fee of five dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of two dollars for each additional seal affixed must be charged. For preparing a copy of an instrument on file or of record in the clerk’s office without a seal, a fee of fifty cents per page must be charged. When copying a document without a seal or file that is in an electronic format, a fee of twenty-five cents per page must be charged. For copies made on a compact disc, an additional fee of twenty dollars for each compact disc must be charged. (5) For executing a certificate, with or without a seal, a fee of two dollars must be charged. (6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged. (7) For filing a supplemental proceeding, a fee of twenty dollars must be charged. (8) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged. (9) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of five dollars. (10) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government. (11) For clerk’s services such as performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed thirty dollars per hour. (12) For processing ex parte orders, the clerk may collect a fee of thirty dollars. (13) For duplicated recordings of court’s proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape or other electronic storage medium. (14) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of twenty dollars must be charged. (15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of two hundred dollars must be charged. When the extension of judgment is at the request of the clerk, the two hundred dollar charge may be imposed as court costs under RCW 10.46.190. (16) A facilitator surcharge of up to twenty dollars must be charged as authorized under RCW 26.12.240. [Title 36 RCW—page 33] 36.18.018 Title 36 RCW: Counties (17) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged. (18) For filing a claim of frivolous lien under RCW 60.04.081, a fee of thirty-five dollars must be charged. (19) For preparation of a change of venue, a fee of twenty dollars must be charged by the originating court in addition to the per page charges in subsection (4) of this section. (20) A service fee of five dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17. (21) For preparation of clerk’s papers under RAP 9.7, a fee of fifty cents per page must be charged. (22) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged. (23) Investment service charge and earnings under RCW 36.48.090 must be charged. (24) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged. (25) For filing a request for mandatory arbitration, a filing fee may be assessed against the party filing a statement of arbitrability not to exceed two hundred twenty dollars as established by authority of local ordinance. This charge shall be used solely to offset the cost of the mandatory arbitration program. (26) For filing a request for trial de novo of an arbitration award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged. (27) A public agency may not charge a fee to a law enforcement agency, for preparation, copying, or mailing of certified copies of the judgment and sentence, information, affidavit of probable cause, and/or the notice of requirement to register, of a sex offender convicted in a Washington court, when such records are necessary for risk assessment, preparation of a case for failure to register, or maintenance of a sex offender’s registration file. (28) For the filing of a will or codicil under the provisions of chapter 11.12 RCW, a fee of twenty dollars must be charged. (29) For the collection of unpaid legal financial obligations, the clerk may impose an annual fee of up to one hundred dollars, pursuant to RCW 9.94A.780. (30) A surcharge of up to twenty dollars may be charged in dissolution and legal separation actions as authorized by RCW 26.12.260. The revenue to counties from the fees established in this section shall be deemed to be complete reimbursement from the state for the state’s share of benefits paid to the superior court judges of the state prior to July 24, 2005, and no claim shall lie against the state for such benefits. [2009 c 417 § 2; 2007 c 496 § 204; 2006 c 192 § 2. Prior: 2005 c 457 § 18; 2005 c 374 § 2; 2005 c 202 § 1; 2002 c 338 § 2; 2001 c 146 § 2; 2000 c 170 § 1; 1999 c 397 § 8; 1996 c 56 § 5; 1995 c 292 § 14.] Effective dates—2007 c 496 §§ 201, 202, 204, and 501: See note following RCW 26.12.260. Part headings not law—2007 c 496: See note following RCW 26.09.002. Intent—2005 c 457: See note following RCW 43.08.250. [Title 36 RCW—page 34] 36.18.018 Fees to state court, administrative office of the courts—Appellate review fee and surcharge—Variable fee for copies and reports. (1) State revenue collected by county clerks under subsection (2) of this section must be transmitted to the appropriate state court. The administrative office of the courts shall retain fees collected under subsection (3) of this section. (2) For appellate review under RAP 5.1(b), two hundred fifty dollars must be charged. (3) For all copies and reports produced by the administrative office of the courts as permitted under RCW 2.68.020 and supreme court policy, a variable fee must be charged. (4) Until July 1, 2011, in addition to the fee established under subsection (2) of this section, a surcharge of thirty dollars is established for appellate review. The county clerk shall transmit this surcharge to the state treasurer for deposit in the judicial stabilization trust account. [2009 c 572 § 3; 2005 c 282 § 43; 1995 c 292 § 15.] 36.18.018 Effective date—2009 c 572: See note following RCW 43.79.505. 36.18.020 Clerk’s fees, surcharges. (1) Revenue collected under this section is subject to division with the state under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070, except as provided in subsection (5) of this section. (2) Clerks of superior courts shall collect the following fees for their official services: (a) In addition to any other fee required by law, the party filing the first or initial document in any civil action, including, but not limited to an action for restitution, adoption, or change of name, and any party filing a counterclaim, crossclaim, or third-party claim in any such civil action, shall pay, at the time the document is filed, a fee of two hundred dollars except, in an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of forty-five dollars, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee. The forty-five dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action. (b) Any party, except a defendant in a criminal case, filing the first or initial document on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when the document is filed, a fee of two hundred dollars. (c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of two hundred dollars. (d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of fifty-three dollars. (e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of two hundred dollars. (f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first document therein, a fee of two hundred dollars. (g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of two hundred dollars. 36.18.020 (2010 Ed.) Fees of County Officers (h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of two hundred dollars. (i) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk’s record be filed as provided by rule of the supreme court. (3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030. (4) No fee shall be collected when an abstract of judgment is filed by the county clerk of another county for the purposes of collection of legal financial obligations. (5) Until July 1, 2011, in addition to the fees required by this section, clerks of superior courts shall collect the surcharges required by this subsection, which shall be remitted to the state treasurer for deposit in the judicial stabilization trust account: (a) On filing fees under subsection (2)(b) of this section, a surcharge of twenty dollars; and (b) On all other filing fees required by this section except for filing fees in subsection (2)(d) and (h) of this section, a surcharge of thirty dollars. [2009 c 572 § 4; 2009 c 479 § 21; 2009 c 417 § 3. Prior: 2005 c 457 § 19; 2005 c 374 § 5; 2000 c 9 § 1; 1999 c 42 § 635; 1996 c 211 § 2; prior: 1995 c 312 § 70; 1995 c 292 § 10; 1993 c 435 § 1; 1992 c 54 § 1; 1989 c 342 § 1; prior: 1987 c 382 § 3; 1987 c 202 § 201; 1987 c 56 § 3; prior: 1985 c 24 § 1; 1985 c 7 § 104; 1984 c 263 § 29; 1981 c 330 § 5; 1980 c 70 § 1; 1977 ex.s. c 107 § 1; 1975 c 30 § 1; 1973 c 16 § 1; 1973 c 38 § 1; prior: 1972 ex.s. c 57 § 5; 1972 ex.s. c 20 § 1; 1970 ex.s. c 32 § 1; 1967 c 26 § 9; 1963 c 4 § 36.18.020; prior: 1961 c 304 § 1; 1961 c 41 § 1; 1951 c 51 § 5; 1907 c 56 § 1, part, p 89; 1903 c 151 § 1, part, p 294; 1893 c 130 § 1, part, p 421; Code 1881 § 2086, part, p 355; 1869 p 364 § 1, part; 1863 p 391 § 1, part; 1861 p 34 § 1, part; 1854 p 368 § 1, part; RRS § 497, part.] Rules of court: Cf. RAP 14.3, 18.22. Reviser’s note: This section was amended by 2009 c 417 § 3, 2009 c 479 § 21, and by 2009 c 572 § 4, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2009 c 572: See note following RCW 43.79.505. Effective date—2009 c 479: See note following RCW 2.56.030. Intent—2005 c 457: See note following RCW 43.08.250. Intent—1987 c 202: See note following RCW 2.04.190. Additional notes found at www.leg.wa.gov 36.18.022 Filing fees may be waived—When. The court may waive the filing fees provided for under RCW 36.18.016(2)(b) and 36.18.020(2) (a) and (b) upon affidavit by a party that the party is unable to pay the fee due to financial hardship. [2005 c 374 § 6; 1995 c 292 § 16; 1992 c 54 § 5.] 36.18.022 Additional notes found at www.leg.wa.gov (2010 Ed.) 36.18.040 36.18.025 Portion of filing fees to be remitted to state treasurer. Forty-six percent of the money received from filing fees paid pursuant to RCW 36.18.020, except those collected for the filing of warrants for unpaid taxes or overpayments by state agencies as outlined in RCW 36.18.012(10), shall be transmitted by the county treasurer each month to the state treasurer for deposit in the state general fund. [2009 c 479 § 22; 2001 c 146 § 3; 1992 c 54 § 2; 1985 c 389 § 9; 1984 c 258 § 322; 1972 ex.s. c 20 § 2.] 36.18.025 Effective date—2009 c 479: See note following RCW 2.56.030. Intent—1984 c 258: See note following RCW 3.34.130. Additional notes found at www.leg.wa.gov 36.18.030 Coroner’s fees. Coroners shall collect for their official services, the following fees: For each inquest held, besides mileage, twenty dollars. For issuing a venire, two dollars. For drawing all necessary writings, two dollars for first page and one dollar for each page thereafter. For mileage each way, per mile, ten cents. For performing the duties of a sheriff, he or she shall receive the same fees as a sheriff would receive for the same service. [2009 c 549 § 4014; 1963 c 4 § 36.18.030. Prior: 1959 c 263 § 7; 1907 c 56 § 1, part, p 93; 1903 c 151 § 1, part, p 296; 1893 c 130 § 1, part, p 424; Code 1881 § 2086, part, p 360; 1869 p 372 § 7, part; 1863 p 391 § 1, part, p 396; 1861 p 34 § 1, part, p 39; 1854 p 368 § 1, part, p 373; RRS §§ 497, part, 4185.] 36.18.030 36.18.040 Sheriff’s fees. (1) Sheriffs shall collect the following fees for their official services: (a) For service of each summons and complaint, notice and complaint, summons and petition, and notice of small claim on one defendant at any location, ten dollars, and on two or more defendants at the same residence, twelve dollars, besides mileage; (b) For making a return, besides mileage actually traveled, seven dollars; (c) For levying each writ of attachment or writ of execution upon real or personal property, besides mileage, thirty dollars per hour; (d) For filing copy of writ of attachment or writ of execution with auditor, ten dollars plus auditor’s filing fee; (e) For serving writ of possession or restitution without aid of the county, besides mileage, twenty-five dollars; (f) For serving writ of possession or restitution with aid of the county, besides mileage, forty dollars plus thirty dollars for each hour after one hour; (g) For serving an arrest warrant in any action or proceeding, besides mileage, thirty dollars; (h) For executing any other writ or process in a civil action or proceeding, besides mileage, thirty dollars per hour; (i) For each mile actually and necessarily traveled in going to or returning from any place of service, or attempted service, thirty-five cents; (j) For making a deed to lands sold upon execution or order of sale or other decree of court, to be paid by the purchaser, thirty dollars; 36.18.040 [Title 36 RCW—page 35] 36.18.045 Title 36 RCW: Counties (k) For making copies of papers when sufficient copies are not furnished, one dollar for first page and fifty cents per each additional page; (l) For the service of any other document and supporting papers for which no other fee is provided for herein, twelve dollars; (m) For posting a notice of sale, or postponement, ten dollars besides mileage; (n) For certificate or bill of sale of property, or certificate of redemption, thirty dollars; (o) For conducting a sale of property, thirty dollars per hour spent at a sheriff’s sale; (p) For notarizing documents, five dollars for each document; (q) For fingerprinting for noncriminal purposes, ten dollars for each person for up to two sets, three dollars for each additional set; (r) For mailing required by statute, whether regular, certified, or registered, the actual cost of postage; (s) For an internal criminal history records check, ten dollars; (t) For the reproduction of audio, visual, or photographic material, to include magnetic microfilming, the actual cost including personnel time. (2) Fees allowable under this section may be recovered by the prevailing party incurring the same as court costs. Nothing contained in this section permits the expenditure of public funds to defray costs of private litigation. Such costs shall be borne by the party seeking action by the sheriff, and may be recovered from the proceeds of any subsequent judicial sale, or may be added to any judgment upon proper application to the court entering the judgment. (3) Notwithstanding subsection (1) of this section, a county legislative authority may set the amounts of fees that shall be collected by the sheriff under subsection (1) of this section to cover the costs of administration and operation. [1992 c 164 § 1; 1981 c 194 § 1; 1975 1st ex.s. c 94 § 1; 1963 c 4 § 36.18.040. Prior: 1959 c 263 § 8; 1951 c 51 § 6; 1907 c 56 § 1, part, p 91; 1903 c 151 § 1, part, p 294; 1893 c 130 § 1, p 422; Code 1881 § 2086, part, p 356; 1869 p 364 § 1, part, p 365; 1865 p 94 § 1, part, p 97; 1863 p 391 § 1, part, p 392; 1861 p 34 § 1, part, p 35; 1854 p 368 § 1, part, p 369; RRS § 497, part.] Additional notes found at www.leg.wa.gov 36.18.045 Treasurer’s fees. County treasurers shall collect the following fees for their official services: For preparing and certifying copies, with or without seal for the first legal size page, two dollars, for each additional legal size page, one dollar. [1963 c 4 § 36.18.045. Prior: 1959 c 263 § 10.] 36.18.045 36.18.060 Fees payable in advance—Exception. The officers mentioned in this chapter except the county sheriff shall not, in any case, except for the state or county, perform any official services unless the fees prescribed therefor are paid in advance, and on such payment the officer must perform the services required. The county sheriff may allow payment to be made after official services have been performed as the sheriff deems appropriate. For every failure or refusal to perform official duty when the fees are tendered, the officer is liable on his or her official bond. [2009 c 549 § 4016; 1981 c 194 § 2; 1963 c 4 § 36.18.060. Prior: 1890 p 315 § 39; RRS § 506.] 36.18.060 Additional notes found at www.leg.wa.gov 36.18.070 Single mileage chargeable when. When any sheriff, constable or coroner serves more than one process in the same cause or on the same person not requiring more than one journey from his or her office, he or she shall receive mileage only for the most distant service. [2009 c 549 § 4017; 1963 c 4 § 36.18.070. Prior: Code 1881 § 2094; 1869 p 373 § 16; RRS § 501.] 36.18.070 36.18.080 Fee schedule to be kept posted. Every county officer entitled to collect fees from the public shall keep posted in his or her office a plain and legible statement of the fees allowed by law and failure so to do shall subject the officer to a fine of one hundred dollars and costs, to be recovered in any court of competent jurisdiction. [2009 c 549 § 4018; 1963 c 4 § 36.18.080. Prior: 1890 p 315 § 41; RRS § 4223. Cf. Code 1881 § 2091; 1869 p 373 § 13.] 36.18.080 36.18.090 Itemized receipt to be given. Every officer, when requested so to do, shall make out a bill of his or her fees in every case, and for any services, specifying each particular item thereof, and receipt the same when it is paid, which bill of fees shall always be subject to examination and correction by the courts. Any officer who fails to comply with the requirements of this section shall be liable to the person paying the fees in treble the amount so paid. [2009 c 549 § 4019; 1963 c 4 § 36.18.090. Prior: (i) 1890 p 315 § 40; RRS § 4222. (ii) Code 1881 § 2102; 1869 p 374 § 24; 1863 p 398 § 3; 1861 p 41 § 3; 1854 p 376 § 6; RRS § 4235.] 36.18.090 36.18.160 Penalty for taking illegal fees. If any officer takes more or greater fees than are allowed by law he or she shall be subject to prosecution, and on conviction, shall be removed from office and fined in a sum not exceeding one thousand dollars. [2009 c 549 § 4021; 1963 c 4 § 36.18.160. Prior: Code 1881 § 2090; 1869 p 373 § 12; RRS § 4225. Cf. RCW 9.33.040.] 36.18.160 36.18.170 Penalty for failure to pay over fees. Any salaried county or precinct officer, who fails to pay to the county treasury all sums that have come into the officer’s hands for fees and charges for the county, or by virtue of the officer’s office, whether under the laws of this state or of the United States, is guilty of a class C felony, and upon conviction thereof shall be punished by imprisonment in a state correctional facility not less than one year nor more than three years: PROVIDED, That upon conviction, his or her office 36.18.170 36.18.050 Fees in special cases. Every officer who shall be called on or required to perform service for which no fees or compensation are provided for in this chapter shall be allowed fees similar and equal to those allowed him or her for services of the same kind for which allowance is made herein. [2009 c 549 § 4015; 1963 c 4 § 36.18.050. Prior: Code 1881 § 2098; 1869 p 374 § 20; 1863 p 398 § 5; 1861 p 41 § 5; 1854 p 375 § 4; RRS § 4234.] 36.18.050 [Title 36 RCW—page 36] (2010 Ed.) County Assessor shall be declared to be vacant by the court pronouncing sentence. [2003 c 53 § 201; 1992 c 7 § 33; 1963 c 4 § 36.18.170. Prior: 1893 c 81 § 2; RRS § 4226. Cf. RCW 42.20.070.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 36.18.180 Office to be declared vacant on conviction. The board of county commissioners of any county in this state, upon receiving a certified copy of the record of conviction of any officer for receiving illegal fees, or where the officer collects fees and fails to account for the same, upon proof thereof must declare his or her office vacant and appoint his or her successor. [2009 c 549 § 4022; 1963 c 4 § 36.18.180. Prior: 1890 p 315 § 42; RRS § 4224.] 36.21.015 36.21.070 36.21.080 36.21.090 36.21.100 36.18.180 36.18.190 Collection of unpaid financial obligations—Collection contracts—Interest to collection agencies authorized. Superior court clerks may contract with collection agencies under chapter 19.16 RCW or may use county collection services for the collection of unpaid courtordered legal financial obligations as enumerated in RCW 9.94A.030 that are ordered pursuant to a felony or misdemeanor conviction and of unpaid financial obligations imposed under Title 13 RCW. The costs for the agencies or county services shall be paid by the debtor. The superior court may, at sentencing or at any time within ten years, assess as court costs the moneys paid for remuneration for services or charges paid to collection agencies or for collection services. By agreement, clerks may authorize collection agencies to retain all or any portion of the interest collected on these accounts. Collection may not be initiated with respect to a criminal offender who is under the supervision of the department of corrections without the prior agreement of the department. Superior court clerks are encouraged to initiate collection action with respect to a criminal offender who is under the supervision of the department of corrections, with the department’s approval. Any contract with a collection agency shall be awarded only after competitive bidding. Factors that a court clerk shall consider in awarding a collection contract include but are not limited to: (1) A collection agency’s history and reputation in the community; and (2) the agency’s access to a local database that may increase the efficiency of its collections. Contracts may specify the scope of work, remuneration for services, and other charges deemed appropriate. The servicing of an unpaid court obligation does not constitute assignment of a debt, and no contract with a collection agency may remove the court’s control over unpaid obligations owed to the court. The county clerk may collect civil judgments where the county is the creditor. [1997 c 24 § 1. Prior: 1995 c 291 § 8; 1995 c 262 § 1; 1994 c 185 § 9.] 36.18.190 Chapter 36.21 Chapter 36.21 RCW COUNTY ASSESSOR Sections 36.21.011 (2010 Ed.) Appointment of deputies and assistants—Engaging expert appraisers—Employment and classification plans for appraisers. 36.21.011 Qualifications for persons assessing real property—Examination—Examination waiver—Continuing education requirement. New construction building permits—Appraisal of building. New construction building permits—When property placed on assessment rolls. Initial placement of mobile home on assessment roll. Annual report to department of revenue on property tax levies and related matters. Assessor’s plats: Chapter 58.18 RCW. Duties relating to cemetery district organization: Chapter 68.52 RCW. drainage district revenue act: Chapter 85.32 RCW. drainage districts: Chapter 85.06 RCW. fire protection district, resolution creating: RCW 52.02.150. flood control districts: Chapter 86.09 RCW. forest insect and disease control: Chapter 76.06 RCW. forest rehabilitation: Chapter 76.14 RCW. irrigation districts dissolution of districts with bonds: Chapter 87.53 RCW. dissolution of insolvent districts: Chapter 87.56 RCW. generally: Chapter 87.03 RCW. joint control of: RCW 87.80.090. metropolitan municipal corporation: Chapter 35.58 RCW. mosquito control districts: Chapter 17.28 RCW. pest districts: Chapter 17.12 RCW. reforestation: RCW 79.22.010. school district organization: Chapter 28A.315 RCW. school districts, appeals from boundary changes, decisions: RCW 28A.645.040. section and corner lines, establishment of: Chapter 58.04 RCW. taxes, property certification of on operating property of private car companies: RCW 84.16.130. certification of on operating property of public utilities: RCW 84.12.370. collection of: Chapter 84.56 RCW. equalization of assessments: Chapter 84.48 RCW. exemptions: Chapter 84.36 RCW. levy of: Chapter 84.52 RCW. lien on: Chapter 84.60 RCW. listing of: Chapter 84.40 RCW. nonoperating property of private car companies: RCW 84.16.140. nonoperating property of public utilities: RCW 84.12.380. revaluation: Chapter 84.41 RCW. taxable situs: Chapter 84.44 RCW. weed district assessments: Chapter 17.04 RCW. Lands lying in both a fire protection district and forest protection assessment area, assessment by: RCW 52.16.170. Mobile home or park model trailer movement permits: RCW 46.44.173. Property tax advisor: RCW 84.48.140. Public lands, harbor areas, re-lease of, rental based on assessor’s valuation: RCW 79.115.120. Revenue, department of, to test work of, advise: RCW 84.08.020, 84.08.030, 84.08.190. Taxes, property, penalty for nonperformance of duty: RCW 84.09.040. Taxes for city and town purposes: State Constitution Art. 11 § 12. Transfer of ownership of mobile home, county assessor notified: RCW 46.12.105. Washington Clean Air Act, assessors’ duties under: RCW 70.94.095. 36.21.011 Appointment of deputies and assistants— Engaging expert appraisers—Employment and classification plans for appraisers. Any assessor who deems it necessary in order to complete the listing and the valuation of the property of the county within the time prescribed by law, (1) may appoint one or more well qualified persons to act as assistants or deputies who shall not engage in the private practice of appraising within the county in which he or she is employed without the written permission of the assessor filed 36.21.011 [Title 36 RCW—page 37] 36.21.015 Title 36 RCW: Counties with the auditor; and each such assistant or deputy so appointed shall, under the direction of the assessor, after taking the required oath, perform all the duties enjoined upon, vested in or imposed upon assessors, and (2) may contract with any persons, firms or corporations, who are expert appraisers, to assist in the valuation of property. To assist each assessor in obtaining adequate and well qualified assistants or deputies, the state department of personnel, after consultation with the Washington state association of county assessors, the Washington state association of counties, and the department of revenue, shall establish by July 1, 1967, and shall thereafter maintain, a classification and salary plan for those employees of an assessor who act as appraisers. The plan shall recommend the salary range and employment qualifications for each position encompassed by it, and shall, to the fullest extent practicable, conform to the classification plan, salary schedules and employment qualifications for state employees performing similar appraisal functions. An assessor who intends to put such plan into effect shall inform the department of revenue and the county legislative authority of this intent in writing. The department of revenue and the county legislative authority may thereupon each designate a representative, and such representative or representatives as may be designated by the department of revenue or the county legislative authority, or both, shall form with the assessor a committee. The committee so formed may, by unanimous vote only, determine the required number of certified appraiser positions and their salaries necessary to enable the assessor to carry out the requirements relating to revaluation of property in chapter 84.41 RCW. The determination of the committee shall be certified to the county legislative authority. The committee may be formed only once in a period of four calendar years. After such determination, the assessor may provide, in each of the four next succeeding annual budget estimates, for as many positions as are established in such determination. Each county legislative authority to which such a budget estimate is submitted shall allow sufficient funds for such positions. An employee may be appointed to a position covered by the plan only if the employee meets the employment qualifications established by the plan. [1995 c 134 § 12. Prior: 1994 c 301 § 6; 1994 c 124 § 1; 1973 1st ex.s. c 11 § 1; 1971 ex.s. c 85 § 2; 1967 ex.s. c 146 § 7; 1963 c 4 § 36.21.011; prior: 1955 c 251 § 10.] 36.21.015 Qualifications for persons assessing real property—Examination—Examination waiver—Continuing education requirement. (1) Any person having the responsibility of valuing real property for purposes of taxation including persons acting as assistants or deputies to a county assessor under RCW 36.21.011 shall have first: (a) Had at least one year of experience in transactions involving real property, in appraisal of real property, or in assessment of real property, or at least one year of experience in a combination of the three; (b) Become knowledgeable in repair and remodeling of buildings and improvement of land, and in the significance of locality and area to the value of real property; (c) Become knowledgeable in the standards for appraising property set forth by the department of revenue; and 36.21.015 [Title 36 RCW—page 38] (d) Met other minimum requirements specified by department of revenue rule. (2) The department of revenue shall prepare and administer an examination on subjects related to the valuation of real property. No person shall assess real property for purposes of taxation without having passed said examination or having received an examination waiver from the department of revenue upon showing education or experience determined by the department to be equivalent to passing the examination. A person passing said examination or receiving an examination waiver shall be accredited accordingly by the department of revenue. (3) The department of revenue may by rule establish continuing education requirements for persons assessing real property for purposes of taxation. The department shall provide accreditation of completion of requirements imposed under this section. No person shall assess real property for purposes of taxation without complying with requirements imposed under this subsection. (4) To the extent practical, the department of revenue shall coordinate accreditation requirements under this section with the requirements for certified real estate appraisers under chapter 18.140 RCW. (5) The examination requirements of subsection (2) of this section shall not apply to any person who shall have either: (a) Been certified as a real property appraiser by the department of personnel prior to July 1, 1992; or (b) Attended and satisfactorily completed the assessor’s school operated jointly by the department of revenue and the Washington state assessors association prior to August 9, 1971. [1991 c 218 § 3; 1977 c 75 § 30; 1971 ex.s. c 288 § 17; 1971 ex.s. c 27 § 1.] Additional notes found at www.leg.wa.gov 36.21.070 New construction building permits— Appraisal of building. Upon receipt of a copy of a building permit, the county assessor shall, within twelve months of the date of issue of such permit, proceed to make a physical appraisal of the building or buildings covered by the permit. [1989 c 246 § 3; 1987 c 134 § 1; 1963 c 4 § 36.21.070. Prior: 1955 c 129 § 4.] 36.21.070 36.21.080 New construction building permits— When property placed on assessment rolls. The county assessor is authorized to place any property that is increased in value due to construction or alteration for which a building permit was issued, or should have been issued, under chapter 19.27, 19.27A, or 19.28 RCW or other laws providing for building permits on the assessment rolls for the purposes of tax levy up to August 31st of each year. The assessed valuation of the property shall be considered as of July 31st of that year. [1989 c 246 § 4; 1987 c 319 § 5; 1985 c 220 § 1; 1982 1st ex.s. c 46 § 4; 1981 c 274 § 3; 1975 1st ex.s. c 120 § 1; 1974 ex.s. c 196 § 7; 1963 c 4 § 36.21.080. Prior: 1955 c 129 § 5.] 36.21.080 Destroyed property, reduction in value, abatement or refund of taxes: Chapter 84.70 RCW. Additional notes found at www.leg.wa.gov (2010 Ed.) County Auditor 36.21.090 Initial placement of mobile home on assessment roll. When any mobile home first becomes subject to assessment for property taxes in this state, the county assessor is authorized to place the mobile home on the assessment rolls for purposes of tax levy up to August 31st of each year. The assessed valuation of the mobile home shall be considered as of the July 31st immediately preceding the date that the mobile home is placed on the assessment roll. [1987 c 134 § 2; 1977 ex.s. c 22 § 7.] 36.21.090 Additional notes found at www.leg.wa.gov 36.21.100 Annual report to department of revenue on property tax levies and related matters. Every county assessor shall report to the department of revenue on the property tax levies and related matters within the county annually at a date and in a form prescribed by the department of revenue. The report shall include, but need not be limited to, the results of sales-assessment ratio studies performed by the assessor. The ratio studies shall be based on use classes of real property and shall be performed under a plan approved by the department of revenue. [1991 c 218 § 4; 1987 c 138 § 8.] 36.21.100 Additional notes found at www.leg.wa.gov Chapter 36.22 Chapter 36.22 RCW COUNTY AUDITOR Sections 36.22.010 36.22.020 36.22.030 36.22.040 36.22.050 36.22.060 36.22.070 36.22.080 36.22.090 36.22.100 36.22.110 36.22.120 36.22.140 36.22.150 36.22.160 36.22.170 36.22.175 36.22.178 36.22.179 36.22.1791 36.22.181 36.22.190 36.22.200 36.22.210 36.22.220 36.22.230 Duties of auditor. Publisher of legislative authority proceedings—Custodian of commissioners’ seal. May administer oaths. Duty to audit claims against county. Issuance of warrants—Multiple warrants. Record of warrants. Original claims to be retained. Claims of auditor. Warrants of political subdivisions. Cancellation of unclaimed warrants. Auditor cannot act as attorney or lobbyist. Temporary clerk may be appointed. Auditor or charter county financial officer—Ex officio deputy state auditor. Duty of retiring auditor or his or her representative in case of death. Copying, preserving, and indexing documents. Surcharge for preservation of historical documents—Distribution of revenue to county and state treasurer—Creation of account. Surcharge for local government archives and records management—Records management training—Eastern Washington regional facility. Affordable housing for all surcharge—Permissible uses. Surcharge for local homeless housing and assistance—Use. Additional surcharge for local homeless housing and assistance—Use. Surcharge for prosecution of mortgage lending fraud—Transmittal to state treasurer. Distribution of funds. Action for change of name—Filing and recording. Process servers—Registration—Fees. Election assistants, deputies—Appointment, qualifications. Election assistants, deputies—Additional qualifications. Acknowledgments, auditor may take: RCW 64.08.010. Appointment as agent for licensing of vehicles: RCW 46.01.130, 46.01.140, 46.01.270. Canvassing board, auditor as member: RCW 39.40.030. Cities and towns, certificates of election, auditor to issue: RCW 35.02.130. Civil actions, judgment by confession acknowledged before: RCW 4.60.040. (2010 Ed.) Chapter 36.22 County accounts, expense for examination of, auditor to issue warrant for: RCW 43.09.280. County canvassing board, auditor as member: RCW 29A.60.160. Custodian of records, auditor as: RCW 65.04.140. Department of revenue to advise: RCW 84.08.020. Diking district, auditor as agent of county commissioners in signing petition for: RCW 85.05.083. Dissolution of inactive port districts: Chapter 53.47 RCW. District court districting committee, auditor as member of: RCW 3.38.010. Duties relating to absentee voting: Chapter 29A.40 RCW. air pollution control districts: Chapter 70.94 RCW. aircraft excise taxes: Chapter 82.48 RCW. appeals from tax levies: Chapter 84.08 RCW. assessor’s plats: RCW 58.18.010. basic juvenile court act: Chapter 13.04 RCW. boundary line proceedings: RCW 58.04.040. cemetery districts: Chapter 68.52 RCW. cemetery plat, filing of: RCW 68.24.030. certification of offices, notice of election: Chapter 29A.36 RCW. chattel liens: Chapter 60.08 RCW. chattel mortgages: Chapter 60.08 RCW, Article 62A.9A RCW. assignment and satisfaction of: Chapter 61.16 RCW. cities and towns advancement of classification: Chapter 35.06 RCW. agreements for sewer connections outside of: RCW 35.67.310. cities support of county in which generating plant located: RCW 35.21.450. corrective plats of: RCW 58.10.030. determining town’s uncertain boundaries: RCW 35.27.040, 35.27.050. disincorporation of: Chapter 35.07 RCW. general indebtedness bonds, county tax levy to pay: RCW 35.37.120. incorporation proceedings: Chapter 35.02 RCW. ordinance reducing city limits: RCW 35.16.050. unfit buildings, structures, or premises, abatement: RCW 35.80.030. claim of spouse or domestic partner in community realty: RCW 26.16.100. collection agency surety bonds: RCW 19.16.190. conditional sales contracts: Article 62A.9A RCW. corporations, nonprofit, generally: Title 24 RCW. educational, religious, benevolent, fraternal or charitable: Chapter 24.03 RCW. mutual benefit: Chapter 24.03 RCW. nonstock: Chapter 24.03 RCW. county airport districts: Chapter 14.08 RCW. county and city tuberculosis hospital: Chapter 70.30 RCW. credit unions: Chapter 31.12 RCW. crop liens: Chapter 60.11 RCW. dances, licensing of: Chapter 67.12 RCW. diking, drainage and sewerage improvement districts generally: Chapter 85.08 RCW. maintenance costs and levies: Chapter 85.16 RCW. diking, drainage district benefits to roads, how paid: RCW 85.07.040, 85.07.050. diking districts: Chapter 85.05 RCW. levy for continuous benefits: Chapter 85.18 RCW. reorganization of (1917 act): Chapter 85.20 RCW. reorganization of (1933 act): Chapter 85.22 RCW. disinfection of horticultural premises: Chapter 15.08 RCW. dissolution of inactive special purpose districts: Chapter 36.96 RCW. doctors, nurses and hospital services, lien for: Chapter 60.44 RCW. drainage district revenue act: Chapter 85.32 RCW. drainage districts: Chapter 85.06 RCW. reorganization of (1917 act): Chapter 85.20 RCW. reorganization of (1933 act): Chapter 85.22 RCW. elections absentee voting: Chapter 29A.40 RCW. ballots: Chapter 29A.36 RCW. canvassing returns: Chapter 29A.60 RCW. ceremonial certificate of, auditor to issue: RCW 29A.52.360. change of precinct boundaries: RCW 29A.76.030. combining or dividing precincts, election boards: RCW 29A.16.060. conduct of: RCW 29A.60.010. congressional elections: Chapter 29A.28 RCW. [Title 36 RCW—page 39] Chapter 36.22 Title 36 RCW: Counties declarations of candidacy: Chapter 29A.52 RCW. initiative and referendum: Chapter 29A.72 RCW. nonpartisan primaries, elections: Chapter 29A.52 RCW. polling places accessibility to individuals with disabilities: Chapter 29A.16 RCW. regulations, after closing: Chapter 29A.60 RCW. precinct officers: Chapter 29A.44 RCW. presidential electors: Chapter 29A.56 RCW. public disclosure reports, handling of: RCW 29A.04.225. recall: Chapter 29A.56 RCW. registration of voters for: Chapter 29A.08 RCW. status, transfers, and cancellations: Chapter 29A.08 RCW. regulations before polls open: Chapter 29A.44 RCW. voting systems: Chapter 29A.12 RCW. electric franchises and rights-of-way: RCW 80.32.010. eminent domain by cities: Chapter 8.12 RCW. by counties: Chapter 8.08 RCW. employee contributions to benefit plans lien claim: RCW 60.76.020. employee payroll deductions: RCW 41.04.020 through 41.04.036. execution of judgment: Chapter 6.17 RCW. fire protection districts: Chapters 52.04, 52.16 RCW. merger of: Chapter 52.06 RCW. flood control by counties jointly: Chapter 86.13 RCW. flood control districts (1937 act): Chapter 86.09 RCW. flood control zone districts: Chapter 86.15 RCW. food fish and shellfish fishways for: RCW 77.57.030. guards: RCW 77.57.010. forest fire protection assessments: RCW 76.04.610. forest protection, claims for damages, services: Chapter 76.04 RCW. franchises on state highways: Chapter 47.44 RCW. funding indebtedness of counties: Chapter 39.52 RCW. health districts: Chapter 70.46 RCW. homesteads: Chapter 6.13 RCW. horizontal property regimes (condominiums), declarations and survey maps of: RCW 64.32.100, 64.32.140. hospital districts: Chapter 70.44 RCW. housing authority act: Chapter 35.82 RCW. insurance, mergers and insolvencies: Chapter 48.31 RCW. intercounty rural library district: Chapter 27.12 RCW. intercounty weed districts: Chapter 17.06 RCW. irregular instruments, recording of: RCW 65.08.030. irrigation districts director divisions: RCW 87.04.070. dissolution of districts with bonds: Chapter 87.53 RCW. dissolution of insolvent districts: Chapter 87.56 RCW. generally: Chapter 87.03 RCW. joint control of: Chapter 87.80 RCW. under contract with United States: Chapter 87.68 RCW. juries, drawing of: Chapter 2.36 RCW. labor, materials and taxes on public works, liens for: Chapter 60.28 RCW. labor and services on timber and lumber, lien for: Chapter 60.24 RCW. labor lien on restaurant, tavern, hotel, etc.: Chapter 60.34 RCW. labor liens on franchises, earnings and property of certain companies: Chapter 60.32 RCW. land office receipts, recording of: RCW 65.08.050. lease of personal property with conditional right to purchase: Article 62A.9A RCW. letters patent, recording of: RCW 65.08.090. licenses to practice dentistry: Chapter 18.32 RCW. lien of employees for contributions to benefit plans: Chapter 60.76 RCW. liquor billiard tables, bowling alleys, licensing of, use, sale of: Chapter 67.14 RCW. retail license: RCW 67.14.040. sales, local option on: Chapter 66.40 RCW. wholesale license: RCW 67.14.050. marriages: Chapter 26.04 RCW. mechanics’ and materialmen’s liens: Chapter 60.04 RCW. metropolitan municipal corporations: Chapter 35.58 RCW. mining claims location of: Chapter 78.08 RCW. survey reports: Chapter 78.06 RCW. mosquito control districts: Chapter 17.28 RCW. [Title 36 RCW—page 40] motor vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270. municipal court elections: Chapter 35.20 RCW. municipal water and sewer facilities act: Chapter 35.91 RCW. new or limited access highway routes: RCW 47.28.025. notice of lis pendens: RCW 4.28.160, 4.28.320. orchard labor liens: Chapter 60.16 RCW. order discharging attachment: RCW 6.25.160. park and recreation district commissioner elections: RCW 36.69.090. partnership ditches, lien claim for labor done: RCW 90.03.450. partnerships, uniform limited partnerships act: Chapters 25.10, 25.12 RCW. pendency of action in United States court: RCW 4.28.325. pest districts: Chapter 17.12 RCW. planning commission: Chapter 35.63 RCW. plats, subdivisions and dedications: Chapter 58.17 RCW. port district L.I.D.’s: RCW 53.20.050. port districts annexation of land to: Chapter 53.04 RCW. budget of: Chapter 53.35 RCW. commissioner elections: Chapter 53.12 RCW. consolidation of: Chapter 53.46 RCW. formation of: Chapter 53.04 RCW. precinct committee officer: Chapter 29A.80 RCW. precinct election officers: Chapter 29A.44 RCW. public assistance lien claim: RCW 74.04.300. public lands lease of: Chapter 79.13 RCW. leasing on share crop basis: RCW 79.13.320 through 79.13.360. materials on, sale of: Chapter 79.15 RCW. tidelands and shorelands plats: RCW 79.125.040. public records and evidence: Chapter 5.44 RCW. public utility districts: Chapters 54.08, 54.12, 54.24, 54.40 RCW. public waterway districts: Chapter 91.08 RCW. eminent domain by: RCW 91.08.150. real property conveyances, recording of: RCW 65.08.070. reclamation and irrigation districts in United States reclamation areas: Chapter 89.12 RCW. reclamation districts of one million acres: Chapter 89.30 RCW. recording, generally: Chapters 65.04, 65.08 RCW. liability of auditor for damages: RCW 65.04.110. recording of town plats: Chapter 58.08 RCW. registration of land titles: Chapter 65.12 RCW. river and harbor improvement districts: Chapter 88.32 RCW. river and harbor improvements by counties jointly: RCW 88.32.180 through 88.32.220. sales under execution and redemption: Chapter 6.21 RCW. school district directors, superintendents, signatures of: RCW 28A.400.020. school district organization: Chapter 28A.315 RCW. sires, services of, lien for: Chapter 60.52 RCW. street railways: Chapter 81.64 RCW. superior court, expenses of visiting judge: RCW 2.08.170. superior court, judges salary: RCW 2.08.100 through 2.08.110. taxes excise on real estate sales: RCW 82.45.090. internal revenue, liens for: Chapter 60.68 RCW. motor vehicle fuel: RCW 82.36.110. property collection of: Chapter 84.56 RCW. equalization of assessments: Chapter 84.48 RCW. recovery: Chapter 84.68 RCW. vehicle use tax: RCW 82.12.045. townsites on United States lands, acquisition of lands by inhabitants: Chapter 58.28 RCW. unemployment compensation contributions, lien for: RCW 50.24.050. vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270. veterans’ meeting place, rent by county: RCW 73.04.080. veterans’ relief: Chapter 73.08 RCW. water-sewer districts annexation of property to: Chapter 57.24 RCW. consolidation of: Chapter 57.32 RCW. funds of: Chapter 57.20 RCW. generally: Title 57 RCW. merger of: Chapter 57.36 RCW. transfer of part: RCW 57.32.160. withdrawal of territory from: Chapter 57.28 RCW. (2010 Ed.) County Auditor water rights certificates: RCW 90.03.330. water rights, United States: Chapter 90.40 RCW. weed districts: Chapter 17.04 RCW. workers’ compensation contributions, liens for: RCW 51.16.170. Eminent domain by cities of county land, auditor served: RCW 8.12.080. state, decree of appropriation filed with auditor: RCW 8.04.120. state of county land, notice of served on auditor: RCW 8.04.020. Mobile home identification tags, issuance: RCW 46.01.130, 46.01.140. Motor vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270. Plats, validation of defective city or town plats in office of: Chapter 58.10 RCW. Public lands, sales and lease of, duties of auditor in certain counties transferred to treasurer: RCW 79.02.090. Public lands and materials on, sale of, auditor as auctioneer: RCW 79.11.150. Reclamation district commission, auditor as clerk of: RCW 89.30.058. Registrar of titles auditor as: RCW 65.12.050. not to practice law, when: RCW 65.12.065. Summons for claim against county served on auditor: RCW 4.28.080. Support of dependent children, auditor to charge no fees in connection with: RCW 74.20.300. Taxes, property, penalty for nonperformance of duty: RCW 84.09.040. Television reception improvement districts, auditor’s duties: Chapter 36.95 RCW. Temporary gate across highways, auditor to grant permit for, when: RCW 16.60.085. Veterans, auditor to furnish documents for free: RCW 73.04.120. Veterans’ discharge, auditor to record without fee: RCW 73.04.030 through 73.04.042. Veterans’ pension papers, auditor to charge no fee: RCW 73.04.010. 36.22.010 Duties of auditor. The county auditor: (1) Shall be recorder of deeds and other instruments in writing which by law are to be filed and recorded in and for the county for which he or she is elected; (2) Shall keep an account current with the county treasurer, charge all money received as shown by receipts issued and credit all disbursements paid out according to the record of settlement of the treasurer with the legislative authority; (3) Shall make out and transmit to the state auditor a statement of the state fund account with the county in accordance with standards developed by the state auditor. The statement must be available to the public; (4) Shall make available a complete exhibit of the prioryear finances of the county including, but not limited to, a statement of financial condition and financial operation in accordance with standards developed by the state auditor. This exhibit shall be made available after the financial records are closed for the prior year; (5) Shall make out a register of all warrants legally authorized and directed to be issued by the legislative body at any regular or special meeting. The auditor shall make the data available to the county treasurer. The auditor shall retain the original of the register of warrants for future reference; (6) As clerk of the board of county commissioners, shall: Record all of the proceedings of the legislative authority; Make full entries of all of their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county; 36.22.010 (2010 Ed.) 36.22.030 Record the vote of each member on any question upon which there is a division or at the request of any member present; Sign all orders made and warrants issued by order of the legislative authority for the payment of money; Record the reports of the county treasurer of the receipts and disbursements of the county; Preserve and file all accounts acted upon by the legislative authority; Preserve and file all petitions and applications for franchises and record the action of the legislative authority thereon; Record all orders levying taxes; Perform all other duties required by any rule or order of the legislative authority. [2009 c 337 § 3; 1995 c 194 § 1; 1984 c 128 § 2; 1963 c 4 § 36.22.010. Prior: 1955 c 157 § 9; prior: (i) Code 1881 § 2707; 1869 p 310 §§ 1, 2, 3; 1863 p 549 §§ 1, 2, 3; 1854 p 424 §§ 1, 2, 3; RRS § 4083. (ii) Code 1881 § 2709; RRS § 4085. (iii) Code 1881 § 2711; RRS § 4088. (iv) 1893 c 119 § 2; Code 1881 § 2712; 1869 p 311 § 6; 1863 p 550 § 6; 1854 p 425 § 6; RRS § 4089. (v) 1893 c 119 § 3; Code 1881 § 2571; RRS § 4090. (vi) 1893 c 119 § 4; Code 1881 § 2713; 1869 p 311 § 7; 1867 p 130 § 1; RRS § 4091. (vii) 1893 c 119 § 5; Code 1881 § 2714; 1869 p 311 § 8; 1867 p 131 § 2; RRS § 4092. (viii) 1893 c 119 § 7; Code 1881 § 2718; 1869 p 312 § 13; RRS § 4095. (ix) Code 1881 § 2719; RRS § 4098. (x) 1893 c 119 § 8; Code 1881 § 2720; RRS § 4099.] 36.22.020 Publisher of legislative authority proceedings—Custodian of commissioners’ seal. It shall be the duty of the county auditor of each county, within fifteen days after the adjournment of each regular session, to publish a summary of the proceedings of the legislative authority at such term, in any newspaper published in the county or having a general circulation therein, or the auditor may post copies of such proceedings in three of the most public places in the county. The seal of the county commissioners for each county, used by the county auditor as clerk to attest the proceedings of the legislative authority, shall be and remain in the custody of the county auditor, and the auditor is hereby authorized to use such seal in attestation of all official acts, whether as clerk of the legislative authority, as auditor or recorder of deeds; and all certificates, exemplifications of records, or other acts performed as county auditor, certified under the seal of the county commissioners, pursuant to this section, in this state, shall be as valid and legally binding as though attested by a seal of office of the county auditor. [1995 c 194 § 2; 1963 c 4 § 36.22.020. Prior: Code 1881 § 2724; 1869 p 313 § 17; RRS §§ 4102, 4103. Formerly RCW 36.16.080, 36.22.020, and 36.22.130.] 36.22.020 36.22.030 May administer oaths. Auditors and their deputies may administer oaths necessary in the performance of their duties and in all other cases where oaths are required by law to be administered and take acknowledgments of deeds and other instruments in writing: PROVIDED, That any deputy county auditor, in administering such oath or taking such acknowledgment, shall certify to the same in his or her own name as deputy, and not in the name of his or her 36.22.030 [Title 36 RCW—page 41] 36.22.040 Title 36 RCW: Counties principal, and shall attach thereto the seal of the office: PROVIDED, That all oaths administered or acknowledgments taken by any deputy of any county auditor certifying to the same in the name of his or her principal by himself or herself as such deputy, prior to the taking effect of chapter 119, Laws of 1893 be and the same are hereby legalized and made valid and binding. [2009 c 549 § 4023; 1963 c 4 § 36.22.030. Prior: 1893 c 119 § 6; Code 1881 § 2717; 1869 p 312 § 11; 1863 p 550 § 8; 1854 p 425 § 8; RRS § 4094.] 36.22.040 Duty to audit claims against county. The county auditor shall audit all claims, demands, and accounts against the county which by law are chargeable to the county, except such cost or fee bills as are by law to be examined or approved by some other judicial tribunal or officer. Such claims as it is his or her duty to audit shall be presented to the board of county commissioners for their examination and allowance. [2009 c 549 § 4024; 1963 c 4 § 36.22.040. Prior: 1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part.] 36.22.040 36.22.050 Issuance of warrants—Multiple warrants. For claims allowed by the county commissioners, and also for cost bills and other lawful claims duly approved by the competent tribunal designated by law for their allowance, he or she shall draw a warrant on the county treasurer, made payable to the claimant or his or her order, bearing date from the time of and regularly numbered in the order of their issue. If there is not sufficient cash in the county treasury to cover such claims or cost bills, or if a claimant requests, the auditor may issue a number of smaller warrants, the total principal amounts of which shall equal the amount of said claim or cost bill. [2009 c 549 § 4025; 1975 c 31 § 1; 1969 ex.s. c 87 § 1; 1963 c 4 § 36.22.050. Prior: (i) 1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part. (ii) 1893 c 48 § 2; RRS § 4087.] 36.22.050 36.22.060 Record of warrants. The auditor shall maintain a record of when a warrant is issued. The record shall include the warrant number, date, name of payee, amount, nature of claims, or services provided. [1995 c 194 § 3; 1963 c 4 § 36.22.060. Prior: 1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part.] 36.22.060 36.22.070 Original claims to be retained. (1) The auditor shall also retain all original bills and indorse thereon claimant’s name, nature of claim, the action had, and if a warrant was issued, date and number the voucher or claim the same as the warrant. (2) The auditor may retain all claims, bills, and associated records referenced in subsection (1) of this section in an electronic format sufficient for the conduct of official business. (3) For the purposes of this section, "claims" shall exclude claims filed against the county in accordance with the provisions of chapter 4.96 RCW. [2003 c 72 § 1; 1963 c 4 § 36.22.070. Prior: 1893 c 119 § 1, part; Code 1881 § 36.22.070 [Title 36 RCW—page 42] 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part.] 36.22.080 Claims of auditor. All claims of the county auditor against the county for services shall be audited and allowed by the board of county commissioners as other claims are audited and allowed. Such warrants shall in all respects be audited, approved, issued, numbered, registered, and paid the same as any other county warrant. [1963 c 4 § 36.22.080. Prior: 1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part.] 36.22.080 36.22.090 Warrants of political subdivisions. All warrants for the payment of claims against diking, ditch, drainage and irrigation districts and school districts of the second class, who do not issue their own warrants, as well as political subdivisions within the county for which no other provision is made by law, shall be drawn and issued by the county auditor of the county wherein such subdivision is located, upon proper approval by the governing body thereof. [2009 c 337 § 4; 1975 c 43 § 31; 1973 c 111 § 4; 1963 c 4 § 36.22.090. Prior: 1915 c 74 § 1; RRS § 4096.] 36.22.090 Additional notes found at www.leg.wa.gov 36.22.100 Cancellation of unclaimed warrants. Registered or interest bearing county warrants not presented within one year of the date of their call, and all other county warrants not presented within one year of the date of their issue shall be canceled by the legislative authority of the county and the auditor and treasurer of the county shall cancel all record of such warrants, so as to leave the funds as if such warrants had never been drawn. [1971 ex.s. c 120 § 1; 1963 c 4 § 36.22.100. Prior: 1909 c 170 § 1; 1886 p 161 § 1; RRS § 4097.] 36.22.100 36.22.110 Auditor cannot act as attorney or lobbyist. The person holding the office of county auditor, or deputy, or performing its duties, shall not practice as an attorney or represent any person who is making any claim against the county, or who is seeking to procure any legislative or other action by the board of county commissioners. [2002 c 141 § 1; 1963 c 4 § 36.22.110. Prior: Code 1881 § 2722; 1869 p 312 § 12; 1863 p 550 § 9; 1854 p 425 § 9; RRS § 4100.] 36.22.110 36.22.120 Temporary clerk may be appointed. In case the auditor is unable to attend to the duties of his or her office during any session of the board of county commissioners, and has no deputy by him or her appointed in attendance, the board may temporarily appoint a suitable person not by law disqualified from acting as such to perform the auditor’s duties. [2009 c 549 § 4026; 1963 c 4 § 36.22.120. Prior: Code 1881 § 2723; 1869 p 313 § 15; 1863 p 550 § 12; 1854 p 425 § 11; RRS § 4101.] 36.22.120 36.22.140 Auditor or charter county financial officer—Ex officio deputy state auditor. Each county auditor or financial officer designated in a charter county shall be ex officio deputy of the state auditor for the purpose of accounting and reporting on municipal corporations and in 36.22.140 (2010 Ed.) County Auditor such capacity shall be under the direction of the state auditor, but he or she shall receive no additional salary or compensation by virtue thereof and shall perform no duties as such, except in connection with county business. [2006 c 280 § 1; 1995 c 301 § 61; 1963 c 4 § 36.22.140. Prior: 1909 c 76 § 12; RRS § 9962.] 36.22.150 Duty of retiring auditor or his or her representative in case of death. Each auditor, on retiring from office, shall deliver to his or her successor the seal of office and all the books, records, and instruments of writing belonging to the office, and take his or her receipt therefor. In case of the death of the auditor, his or her legal representatives shall deliver over the seal, books, records and papers. [2009 c 549 § 4027; 1963 c 4 § 36.22.150. Prior: Code 1881 § 2725; 1869 p 314 § 22; RRS § 4104.] 36.22.150 36.22.160 Copying, preserving, and indexing documents. Each county auditor is hereby authorized to provide for the installation and thereafter for the maintenance of an improved system for copying, preserving, and indexing documents recorded in the county. Such a system may utilize the latest technology including, but not limited to, photomicrographic and computerized electronic digital storage methodology. The initial installation of the improved system shall include the following: (1) The acquisition, installation, operation, and maintenance of the equipment provided for in the definition above; and (2) The establishment of procedures for the continued preservation, indexing, and filing of all instruments and records that will, after the effective installation date, constitute a part of the improved system. [1989 c 204 § 2.] 36.22.160 Reviser’s note: 1989 c 204 § 7 directed that this section be added to chapter 36.18 RCW. This placement appears inappropriate and the section has been codified as a part of chapter 36.22 RCW. Findings—1989 c 204: "The legislature, finding in this centennial year that many old documents recorded or filed with county officials are deteriorating due to age and environmental degradation and that such documents require preservation in the public interest before they are irreparably damaged, enacts the centennial document preservation act of 1989." [1989 c 204 § 1.] 36.22.170 Surcharge for preservation of historical documents—Distribution of revenue to county and state treasurer—Creation of account. (1)(a) Except as provided in (b) of this subsection, a surcharge of five dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. One dollar of the surcharge shall be used at the discretion of the county commissioners to promote historical preservation or historical programs, which may include preservation of historic documents. (b) A surcharge of two dollars per instrument shall be charged by the county auditor for each document presented for recording by the employment security department, which will be in addition to any other charge authorized by law. (2) Of the remaining revenue generated through the surcharges under subsection (1) of this section: (a) Fifty percent shall be transmitted monthly to the state treasurer who shall distribute such funds to each county treasurer within the state in July of each year in accordance with 36.22.170 (2010 Ed.) 36.22.175 the formula described in RCW 36.22.190. The county treasurer shall place the funds received in a special account titled the auditor’s centennial document preservation and modernization account to be used solely for ongoing preservation of historical documents of all county offices and departments and shall not be added to the county current expense fund; and (b) Fifty percent shall be retained by the county and deposited in the auditor’s operation and maintenance fund for ongoing preservation of historical documents of all county offices and departments. (3) The centennial document preservation and modernization account is hereby created in the custody of the state treasurer and shall be classified as a treasury trust account. State distributions from the centennial document preservation and modernization account shall be made without appropriation. [2009 c 337 § 5; 2005 c 442 § 1; 1993 c 37 § 1; 1989 c 204 § 3.] Findings—1989 c 204: See note following RCW 36.22.160. 36.22.175 Surcharge for local government archives and records management—Records management training—Eastern Washington regional facility. (1)(a) In addition to any other charge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for each document recorded. Revenue generated through this surcharge shall be transmitted monthly to the state treasurer for deposit in the local government archives account under RCW 40.14.024. These funds shall be used solely for providing records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and indexing for local government records and digital data and access to those records and data through the regional branch archives of the division of archives and records management. (b) The division of archives and records management within the office of the secretary of state shall provide records management training for local governments and shall establish a competitive grant program to solicit and prioritize project proposals from local governments for potential funding to be paid for by funds from the auditor surcharge and tax warrant surcharge revenues. Application for specific projects may be made by local government agencies only. The state archivist in consultation with the advisory committee established under RCW 40.14.027 shall adopt rules governing project eligibility, evaluation, awarding of grants, and other criteria including requirements for records management training for grant recipients. (2) The advisory committee established under RCW 40.14.027 shall review grant proposals and establish a prioritized list of projects to be considered for funding by January 1st of each even-numbered year, beginning in 2002. The evaluation of proposals and development of the prioritized list must be developed through open public meetings. Funding for projects shall be granted according to the ranking of each application on the prioritized list and projects will be funded only to the extent that funds are available. A grant award may have an effective date other than the date the project is placed on the prioritized list. (3)(a) In addition to any other surcharge authorized by law, the county auditor shall charge a surcharge of one dollar 36.22.175 [Title 36 RCW—page 43] 36.22.178 Title 36 RCW: Counties per instrument for every document recorded after January 1, 2002. Revenue generated through this surcharge shall be transmitted to the state treasurer monthly for deposit in the local government archives account under RCW 40.14.024 to be used exclusively for: (i) The construction and improvement of a specialized regional facility located in eastern Washington designed to serve the archives, records management, and digital data management needs of local government; and (ii) payment of the certificate of participation issued for the Washington state heritage center to the extent there is an excess fund balance in the account and fees generated under RCW 36.18.010 and 43.07.128 are insufficient to meet debt service payments on the certificate of participation. (b) To the extent the facilities are used for the storage and retrieval of state agency records and digital data, that portion of the construction of such facilities used for state government records and data shall be supported by other charges and fees paid by state agencies and shall not be supported by the surcharge authorized in this subsection, except that to the extent there is an excess fund balance in the account and fees generated under RCW 36.18.010 and 43.07.128 are insufficient to meet debt service payments for the Washington state heritage center, the local government archives account under RCW 40.14.024 may be used for the Washington state heritage center. (c) At such time that all debt service from construction of the specialized regional archive facility located in eastern Washington has been paid, fifty percent of the surcharge authorized by this subsection shall be reverted to the centennial document preservation and modernization account as prescribed in RCW 36.22.170 and fifty percent of the surcharge authorized by this section shall be reverted to the state treasurer for deposit in the archives and records management account to serve the archives, records management, and digital data management needs of local government, except that the state treasurer shall not revert funds to the centennial document preservation and modernization account and to the archives and records management account if fees generated under RCW 36.18.010 and 43.07.128 are insufficient to meet debt service payments on the Washington state heritage center. [2008 c 328 § 6006; 2003 c 163 § 5; 2001 2nd sp.s. c 13 § 1; 1996 c 245 § 1.] Part headings not law—Severability—Effective date—2008 c 328: See notes following RCW 43.155.050. Effective date—2001 2nd sp.s. c 13: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2001." [2001 2nd sp.s. c 13 § 3.] Additional notes found at www.leg.wa.gov 36.22.178 Affordable housing for all surcharge— Permissible uses. The surcharge provided for in this section shall be named the affordable housing for all surcharge. (1) Except as provided in subsection (3) of this section, a surcharge of ten dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. The county may retain up to five percent of these funds collected solely for the collection, administration, and local distribution of these funds. Of the remaining funds, forty percent of the revenue generated through this surcharge will be trans36.22.178 [Title 36 RCW—page 44] mitted monthly to the state treasurer who will deposit the funds into the affordable housing for all account created in RCW 43.185C.190. The *department of community, trade, and economic development must use these funds to provide housing and shelter for extremely low-income households, including but not limited to grants for building operation and maintenance costs of housing projects or units within housing projects that are affordable to extremely low-income households with incomes at or below thirty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses. (2) All of the remaining funds generated by this surcharge will be retained by the county and be deposited into a fund that must be used by the county and its cities and towns for eligible housing activities as described in this subsection that serve very low-income households with incomes at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated to eligible housing activities that serve extremely low and very low-income households in the county and the cities within a county according to an interlocal agreement between the county and the cities within the county consistent with countywide and local housing needs and policies. A priority must be given to eligible housing activities that serve extremely low-income households with incomes at or below thirty percent of the area median income. Eligible housing activities to be funded by these county funds are limited to: (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including units for homeownership, rental units, seasonal and permanent farm worker housing units, and single room occupancy units; (b) Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very lowincome households with incomes at or below fifty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses; (c) Rental assistance vouchers for housing units that are affordable to very low-income households with incomes at or below fifty percent of the area median income, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States department of housing and urban development’s section 8 rental assistance voucher program standards; and (d) Operating costs for emergency shelters and licensed overnight youth shelters. (3) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust. [2007 c 427 § 1; 2005 c 484 § 18; 2002 c 294 § 2.] *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Findings—Conflict with federal requirements—Effective date— 2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902. Findings—2002 c 294: "The legislature recognizes housing affordability has become a significant problem for a large portion of society in many parts of Washington state in recent years. The state has traditionally focused its resources on housing for low-income populations. Additional funding resources are needed for building operation and maintenance activities for (2010 Ed.) County Auditor housing projects affordable to extremely low-income people, for example farmworkers or people with developmental disabilities. Affordable rents for extremely low-income people are not sufficient to cover the cost of building operations and maintenance. In addition resources are needed at the local level to assist in development and preservation of affordable low-income housing to address critical local housing needs." [2002 c 294 § 1.] 36.22.179 36.22.179 Surcharge for local homeless housing and assistance—Use. (1) In addition to the surcharge authorized in RCW 36.22.178, and except as provided in subsection (2) of this section, an additional surcharge of ten dollars shall be charged by the county auditor for each document recorded, which will be in addition to any other charge allowed by law. During the 2009-11 and 2011-13 biennia, the surcharge shall be thirty dollars. The funds collected pursuant to this section are to be distributed and used as follows: (a) The auditor shall retain two percent for collection of the fee, and of the remainder shall remit sixty percent to the county to be deposited into a fund that must be used by the county and its cities and towns to accomplish the purposes of chapter 484, Laws of 2005, six percent of which may be used by the county for administrative costs related to its homeless housing plan, and the remainder for programs which directly accomplish the goals of the county’s local homeless housing plan, except that for each city in the county which elects as authorized in RCW 43.185C.080 to operate its own local homeless housing program, a percentage of the surcharge assessed under this section equal to the percentage of the city’s local portion of the real estate excise tax collected by the county shall be transmitted at least quarterly to the city treasurer, without any deduction for county administrative costs, for use by the city for program costs which directly contribute to the goals of the city’s local homeless housing plan; of the funds received by the city, it may use six percent for administrative costs for its homeless housing program. (b) The auditor shall remit the remaining funds to the state treasurer for deposit in the home security fund account. The department may use twelve and one-half percent of this amount for administration of the program established in RCW 43.185C.020, including the costs of creating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments, and managing the homeless housing grant program. The remaining eighty-seven and one-half percent is to be used by the department to: (i) Provide housing and shelter for homeless people including, but not limited to: Grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; and emergency shelter assistance; and (ii) Fund the homeless housing grant program. (2) The surcharge imposed in this section does not apply to (a) assignments or substitutions of previously recorded deeds of trust, or (b) documents recording a birth, marriage, divorce, or death or any documents otherwise exempted from a recording fee under state law. [2009 c 462 § 1; 2007 c 427 § 4; 2005 c 484 § 9.] Findings—Conflict with federal requirements—Effective date— 2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902. (2010 Ed.) 36.22.181 36.22.1791 36.22.1791 Additional surcharge for local homeless housing and assistance—Use. (1) In addition to the surcharges authorized in RCW 36.22.178 and 36.22.179, and except as provided in subsection (2) of this section, the county auditor shall charge an additional surcharge of eight dollars for each document recorded, which is in addition to any other charge allowed by law. The funds collected under this section are to be distributed and used as follows: (a) The auditor shall remit ninety percent to the county to be deposited into a fund six percent of which may be used by the county for administrative costs related to its homeless housing plan, and the remainder for programs that directly accomplish the goals of the county’s local homeless housing plan, except that for each city in the county that elects, as authorized in RCW 43.185C.080, to operate its own homeless housing program, a percentage of the surcharge assessed under this section equal to the percentage of the city’s local portion of the real estate excise tax collected by the county must be transmitted at least quarterly to the city treasurer for use by the city for program costs that directly contribute to the goals of the city’s homeless housing plan. (b) The auditor shall remit the remaining funds to the state treasurer for deposit in the home security fund account. The department may use the funds for administering the program established in RCW 43.185C.020, including the costs of creating and updating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments, and managing the homeless housing grant program. Remaining funds may also be used to: (i) Provide housing and shelter for homeless people including, but not limited to: Grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; and emergency shelter assistance; and (ii) Fund the homeless housing grant program. (2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust. [2007 c 427 § 5.] Reviser’s note: 2007 c 427 directed that this section be codified in chapter 43.185C RCW, but placement in chapter 36.22 RCW appears to be more appropriate. 36.22.181 36.22.181 Surcharge for prosecution of mortgage lending fraud—Transmittal to state treasurer. (Expires June 30, 2011.) (1) Except as provided in subsection (2) of this section, a surcharge of one dollar shall be charged by the county auditor at the time of recording of each deed of trust, which will be in addition to any other charge authorized by law. The auditor may retain up to five percent of the funds collected to administer collection. The remaining funds shall be transmitted monthly to the state treasurer who will deposit the funds into the mortgage lending fraud prosecution account created in RCW 43.320.140. The department of financial institutions is responsible for the distribution of the funds in the account and shall, in consultation with the attorney general and local prosecutors, develop rules for the use of these funds to pursue criminal prosecution of fraudulent activities within the mortgage lending process. [Title 36 RCW—page 45] 36.22.190 Title 36 RCW: Counties (2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust. (3) This section expires June 30, 2011. [2006 c 21 § 1; 2003 c 289 § 1.] 36.22.190 Distribution of funds. After deduction of those costs of the state treasurer that are described under *RCW 36.22.180, the balance of the funds will be distributed to the counties according to the following formula: One-half of the funds available shall be equally distributed among the thirty-nine counties; and the balance will be distributed among the counties in direct proportion to their population as it relates to the total state’s population based on the most recent population statistics. [1989 c 204 § 5.] 36.22.190 Reviser’s note: (1) 1989 c 204 § 7 directed that this section be added to chapter 36.18 RCW. This placement appears inappropriate and the section has been codified as a part of chapter 36.22 RCW. *(2) RCW 36.22.180 was repealed by 1991 sp.s. c 13 § 122, effective July 1, 1991. Findings—1989 c 204: See note following RCW 36.22.160. 36.22.200 Action for change of name—Filing and recording. Upon receipt of the fee and the name change order from the district court as provided in RCW 4.24.130, the county auditor shall file and record the name change order. [1992 c 30 § 2.] 36.22.200 36.22.210 Process servers—Registration—Fees. (1) Each county auditor shall develop a registration process to register process servers required to register under RCW 18.180.010. (2) The county auditor may collect an annual registration fee from the process server not to exceed ten dollars. (3) The county auditor shall use a form in the registration process for the purpose of identifying and locating the registrant, including the process server’s name, birthdate, and social security number, and the process server’s business name, business address, and business telephone number. (4) The county auditor shall maintain a register of process servers and assign a number to each registrant. Upon renewal of the registration as required in RCW 18.180.020, the auditor shall continue to assign the same registration number. A successor entity composed of one or more registrants shall be permitted to transfer one or more registration numbers to the new entity. [1997 c 41 § 8; 1992 c 125 § 2.] 36.22.210 Additional notes found at www.leg.wa.gov 36.22.220 Election assistants, deputies—Appointment, qualifications. The county auditor of each county, as ex officio supervisor of all primaries and elections, general or special, within the county under *Title 29 RCW, may appoint one or more well-qualified persons to act as assistants or deputies; however, not less than two persons of the auditor’s office who conduct primaries and elections in the county shall be certified under **chapter 29.60 RCW as elections administrators. [1992 c 163 § 12.] 36.22.220 Reviser’s note: *(1) Title 29 RCW was repealed and/or recodified pursuant to 2003 c 111, effective July 1, 2004. **(2) Chapter 29.60 RCW was recodified as chapter 29A.04 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004. [Title 36 RCW—page 46] Additional notes found at www.leg.wa.gov 36.22.230 Election assistants, deputies—Additional qualifications. Each deputy or assistant appointed under RCW 36.22.220 shall have been graduated from an accredited high school or shall have passed a high school equivalency examination. Each shall be knowledgeable in the rules and laws of conducting elections. [1992 c 163 § 13.] 36.22.230 Additional notes found at www.leg.wa.gov Chapter 36.23 Chapter 36.23 RCW COUNTY CLERK Sections 36.23.020 36.23.030 36.23.040 36.23.065 36.23.067 36.23.070 36.23.080 36.23.090 36.23.100 36.23.110 New bond may be required. Records to be kept. Custody and delivery of records. Destruction and reproduction of court records—Destruction of receipts for expenses under probate proceedings. Reproduced court records have same force and effect as original. Destruction of court exhibits—Preservation for historical purposes. Office at county seat. Search for birth parents—County clerk’s duty. Electronic payment of court fees and other financial obligations—Authorized. Legal financial obligations—Report on collections. Civil actions, generally, clerk’s duties: Title 4 RCW. County clerk as clerk of superior court: State Constitution Art. 4 § 26. not to practice law: RCW 2.32.090. powers and duties: RCW 2.32.050. Dissolution of inactive port districts: Chapter 53.47 RCW. Electronic copies as evidence, clerk to certify: RCW 5.52.050. Execution docket, clerk to keep: RCW 4.64.060. Judgment journal, clerk to keep: RCW 4.64.030. Lien foreclosure, clerk’s duties: Chapter 84.64 RCW. Oaths, clerk may administer: RCW 5.28.010. Official bonds filed with: RCW 42.08.100. Registration of land titles, clerk’s duties: Chapter 65.12 RCW. Support of dependent children, clerk to charge no fees in connection with: RCW 74.20.300. Tax warrants, clerk’s duties: Chapter 82.32 RCW. Veterans, clerk to furnish documents for free: RCW 73.04.120. Witness fees and expenses, civil proceedings, clerk’s duties: Chapter 2.40 RCW, RCW 5.56.010. 36.23.020 New bond may be required. When the judge or judges of any court, or a majority of them, believe that the clerk of the court does not have a good and sufficient bond on file, or that the bond is not large enough in amount, such judge or judges shall enter an order requiring him or her, within such time as may be specified in the order, to execute and present to them a good and sufficient bond, in such sum as may be fixed by the order. In case of his or her failure to file the bond within ten days from the expiration of the date fixed the judge or judges shall declare the office vacant. [2009 c 549 § 4028; 1963 c 4 § 36.23.020. Prior: 1895 c 53 § 3; RRS § 72.] 36.23.020 36.23.030 Records to be kept. The clerk of the superior court at the expense of the county shall keep the following records: 36.23.030 (2010 Ed.) County Clerk (1) A record in which he or she shall enter all appearances and the time of filing all pleadings in any cause; (2) A docket in which before every session, he or she shall enter the titles of all causes pending before the court at that session in the order in which they were commenced, beginning with criminal cases, noting in separate columns the names of the attorneys, the character of the action, the pleadings on which it stands at the commencement of the session. One copy of this docket shall be furnished for the use of the court and another for the use of the members of the bar; (3) A record for each session in which he or she shall enter the names of witnesses and jurors, with time of attendance, distance of travel, and whatever else is necessary to enable him or her to make out a complete cost bill; (4) A record in which he or she shall record the daily proceedings of the court, and enter all verdicts, orders, judgments, and decisions thereof, which may, as provided by local court rule, be signed by the judge; but the court shall have full control of all entries in the record at any time during the session in which they were made; (5) An execution docket and also one for a final record in which he or she shall make a full and perfect record of all criminal cases in which a final judgment is rendered, and all civil cases in which by any order or final judgment the title to real estate, or any interest therein, is in any way affected, and such other final judgments, orders, or decisions as the court may require; (6) A record in which shall be entered all orders, decrees, and judgments made by the court and the minutes of the court in probate proceedings; (7) A record of wills and bonds shall be maintained. Originals shall be placed in the original file and shall be preserved or duplicated pursuant to RCW 36.23.065; (8) A record of letters testamentary, administration, and guardianship in which all letters testamentary, administration, and guardianship shall be recorded; (9) A record of claims shall be entered in the appearance docket under the title of each estate or case, stating the name of each claimant, the amount of his or her claim and the date of filing of such; (10) A memorandum of the files, in which at least one page shall be given to each estate or case, wherein shall be noted each paper filed in the case, and the date of filing each paper; (11) Such other records as are prescribed by law and required in the discharge of the duties of his or her office. [2002 c 30 § 1; 1987 c 363 § 3; 1967 ex.s. c 34 § 2; 1963 c 4 § 36.23.030. Prior: (i) 1923 c 130 § 1; Code 1881 § 2179; 1863 p 417 § 6; 1854 p 366 § 6; RRS § 75. (ii) 1917 c 156 § 2; RRS § 1372. (iii) 1917 c 156 § 57; Code 1881 § 1384; 1863 p 219 § 118; 1860 p 181 § 85; RRS § 1427. (iv) 1917 c 156 § 72; Code 1881 § 1411; 1863 p 221 § 130; 1860 p 183 § 97; RRS § 1442.] 36.23.040 Custody and delivery of records. The clerk shall be responsible for the safe custody and delivery to his or her successor of all books and papers belonging to his or her office. [2009 c 549 § 4029; 1963 c 4 § 36.23.040. Prior: Code 1881 § 2181; 1863 p 418 § 8; 1854 p 367 § 8; RRS § 76.] 36.23.040 (2010 Ed.) 36.23.065 36.23.065 36.23.065 Destruction and reproduction of court records—Destruction of receipts for expenses under probate proceedings. Notwithstanding any other law relating to the destruction of court records, the county clerk may cause to be destroyed all documents, records, instruments, books, papers, depositions, and transcripts, in any action or proceeding in the superior court, or otherwise filed in his or her office pursuant to law, if all of the following conditions exist: (1) The county clerk maintains for the use of the public a photographic film, microphotographic, photostatic, electronic, or similar reproduction of each document, record, instrument, book, paper, deposition, or transcript so destroyed: PROVIDED, That all receipts and canceled checks filed by a personal representative pursuant to RCW 11.76.100 may be removed from the file by order of the court and destroyed the same as an exhibit pursuant to RCW 36.23.070. (2) At the time of the taking of the photographic film, microphotographic, photostatic, electronic, or similar reproduction, the county clerk or other person under whose direction and control the same was taken, attached thereto, or to the sealed container in which the same was placed and has been kept, or incorporated in the photographic film, microphotographic, photostatic, electronic, or similar reproduction, a certification that the copy is a correct copy of the original, or of a specified part thereof, as the case may be, the date on which taken, and the fact it was taken under the clerk’s direction and control. The certificate must be under the official seal of the certifying officer, if there be any, or if the certifying officer is the clerk of a court having a seal, under the seal of such court. (3) The county clerk promptly seals and stores at least one original or negative of each such photographic film, microphotographic, photostatic, electronic, or similar reproduction in such manner and place as reasonably to assure its preservation indefinitely against loss, theft, defacement, or destruction. Electronic reproductions are acceptable media for this purpose if one of the following conditions exists: (a) The electronic reproductions are continuously updated and, if necessary, transferred to another medium to ensure that they are accessible through contemporary and supported electronic or computerized systems; or (b) The electronic reproductions are scheduled to be reproduced on photographic film, microphotographic, photostatic, or similar media for indefinite preservation. (4) When copies of public records of the county clerk are transferred to the state archives for security storage, the state archives may only provide certified copies of those records with the written permission of the county clerk who is custodian of those records. When so transferred and authorized, the copies of the public records concerned shall be made by the state archives, which certification shall have the same force and effect as though made by the county clerk who is custodian of the record. If there is a statutory fee for the reproduction of the document, contracts can be made between the county clerk and the state archives for reproduction and certification of the copies, however no certification authority may be transferred except as provided in this subsection and for records of abolished or discontinued offices or agencies under chapter 40.14 RCW. [1998 c 226 § 1; 1981 [Title 36 RCW—page 47] 36.23.067 Title 36 RCW: Counties c 277 § 10; 1973 c 14 § 1; 1971 c 29 § 1; 1963 c 4 § 36.23.065. Prior: 1957 c 201 § 1.] 36.23.067 Reproduced court records have same force and effect as original. Any print, whether enlarged or not, from any photographic film, including any photographic plate, microphotographic film, or photostatic negative or similar reproduction, or from any electronic record, of any original record, document, instrument, book, paper, deposition, or transcript which has been processed in accordance with the provisions of RCW 36.23.065, and has been certified by the county clerk under his or her official seal as a true copy, may be used in all instances, including introduction in evidence in any judicial or administrative proceeding, that the original record, document, instrument, book, paper, deposition, or transcript might have been used, and shall have the full force and effect of the original for all purposes. [1998 c 226 § 2; 1963 c 4 § 36.23.067. Prior: 1957 c 201 § 2.] 36.23.067 36.23.070 Destruction of court exhibits—Preservation for historical purposes. A county clerk may at any time more than six years after the entry of final judgment in any action apply to the superior court for an authorizing order and, upon such order being signed and entered, turn such exhibits of possible value over to the sheriff for disposal in accordance with the provisions of chapter 63.40 RCW, and destroy any other exhibits, unopened depositions, and reporters’ notes which have theretofore been filed in such cause: PROVIDED, That reporters’ notes in criminal cases must be preserved for at least fifteen years: PROVIDED FURTHER, That any exhibits which are deemed to possess historical value may be directed to be delivered by the clerk to libraries or historical societies. [1981 c 154 § 1; 1973 c 14 § 2; 1967 ex.s. c 34 § 3; 1963 c 4 § 36.23.070. Prior: 1957 c 201 § 3; 1947 c 277 § 1; Rem. Supp. 1947 § 81-1.] 36.23.070 36.23.080 Office at county seat. The clerk of the superior court shall keep an office at the county seat of the county of which he or she is clerk. [2009 c 105 § 2; 1963 c 4 § 36.23.080. Prior: 1891 c 57 § 1; RRS § 73, part. Cf. Code 1881 § 2125.] 36.23.080 36.23.090 Search for birth parents—County clerk’s duty. The county clerk shall provide the name and telephone number of at least one resource to assist adopted persons who are searching for birth parents, or birth parents who are searching for children they have relinquished, if these resources have contacted the clerk’s office and requested that their name be made available to persons making inquiry. [1990 c 146 § 10.] 36.23.090 36.23.100 Electronic payment of court fees and other financial obligations—Authorized. County clerks are authorized to accept credit cards, charge cards, debit cards, smart cards, stored value cards, federal wire, and automatic clearinghouse system transactions, or other electronic communication, for payment of all fees and moneys due the court under RCW 36.18.012 through 36.18.020, and for the payment of court-ordered legal financial obligations of criminal defendants which include, but are not limited to, fines, fees, 36.23.100 [Title 36 RCW—page 48] assessments, restitution, and crime victims’ compensation, consistent with RCW 36.48.010, 36.48.080, and 36.48.090. A payer desiring to pay by credit card, charge card, debit card, smart card, stored value card, federal wire, and automatic clearinghouse system transactions, or other electronic communication shall bear the cost of processing the transaction. [2000 c 202 § 1.] 36.23.110 Legal financial obligations—Report on collections. The Washington association of county officials, in consultation with county clerks, shall determine a funding formula for allocation of moneys to counties for purposes of collecting legal financial obligations, and report this formula to the legislature and the administrative office of the courts by September 1, 2003. The Washington association of county officials shall report on the amounts of legal financial obligations collected by the county clerks to the appropriate committees of the legislature no later than December 1, 2004, and annually thereafter. [2003 c 379 § 20.] 36.23.110 Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728. Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW 9.94A.760. Chapter 36.24 Chapter 36.24 RCW COUNTY CORONER Sections 36.24.010 36.24.020 36.24.030 36.24.040 36.24.050 36.24.060 36.24.070 36.24.080 36.24.090 36.24.100 36.24.110 36.24.120 36.24.130 36.24.140 36.24.150 36.24.155 36.24.160 36.24.170 36.24.175 36.24.180 36.24.190 To act as sheriff under certain conditions. Inquests. Penalty for nonattendance of juror. Duty of coroner’s jury—Oath. Power to summon witnesses—Subpoenas. Power to employ physician or surgeon—Compensation. Verdict of jury. Testimony reduced to writing in certain cases and witnesses recognized. Procedure where accused is under arrest. Procedure where accused is at large—Warrant of arrest. Form of warrant. Service of warrant. Property of deceased. Duty of treasurer. Delivery to representatives. Undisposed of remains—Entrusting to funeral homes or mortuaries. District judge may act as coroner. Coroner not to practice law. Coroner not to be owner or employee of funeral home or mortuary—Counties with populations of forty thousand or more. Audit of coroner’s account. Medical examiner—When authorized—Election—Qualifications for appointment. Action against, limitation on: RCW 4.16.080. Cemetery districts: Chapter 68.52 RCW. Dead bodies coroner’s jurisdiction over, when: RCW 68.50.010. coroner’s right to dissect, when: RCW 68.50.100. Duties relating to execution of judgment: Chapter 6.17 RCW. human remains, generally: Chapter 68.50 RCW. public cemetery and morgue, management: RCW 68.52.020. reports of death caused in motor vehicle accidents: RCW 46.52.050. successors, delivery of documents and property to: RCW 36.28.120. vital statistics: Chapter 70.58 RCW. Labor disputes, arbitration of, service of process by: RCW 49.08.030. (2010 Ed.) County Coroner State hospitals for individuals with mental illness, report of death of patient in, given coroner: RCW 72.23.190. Vehicle of as emergency vehicle: RCW 46.04.040. 36.24.010 To act as sheriff under certain conditions. The coroner shall perform the duties of the sheriff in all cases where the sheriff is interested or otherwise incapacitated from serving; and whenever the coroner acts as sheriff he or she shall possess the powers and perform all the duties of sheriff, and shall be liable on his or her official bond in like manner as the sheriff would be, and shall be entitled to the same fees as are allowed by law to the sheriff for similar services: PROVIDED, That nothing herein contained shall prevent the court from appointing a suitable person to discharge such duties, as provided by RCW 36.28.090. [2009 c 549 § 4031; 1963 c 4 § 36.24.010. Prior: 1897 c 21 § 1; Code 1881 § 2776; 1863 p 559 § 2; 1854 p 436 § 2; RRS § 4180.] 36.24.010 36.24.020 Inquests. Any coroner, in his or her discretion, may hold an inquest if the coroner suspects that the death of a person was unnatural, or violent, or resulted from unlawful means, or from suspicious circumstances, or was of such a nature as to indicate the possibility of death by the hand of the deceased or through the instrumentality of some other person: PROVIDED, That, except under suspicious circumstances, no inquest shall be held following a traffic death. The coroner in the county where an inquest is to be convened pursuant to this chapter shall notify the superior court to provide persons to serve as a jury of inquest to hear all the evidence concerning the death and to inquire into and render a true verdict on the cause of death. Jurors shall be selected and summoned in the same manner and shall have the same qualifications as specified in chapter 2.36 RCW. The prosecuting attorney having jurisdiction shall be notified in advance of any such inquest to be held, and at his or her discretion may be present at and assist the coroner in the conduct of the same. The coroner may adjourn the inquest from time to time as he or she may deem necessary. The costs of inquests shall be borne by the county in which the inquest is held. [2009 c 549 § 4032; 1988 c 188 § 18; 1963 c 4 § 36.24.020. Prior: 1953 c 188 § 3; Code 1881 § 2777; 1863 p 560 § 3; 1854 p 436 § 3; RRS § 4181.] 36.24.020 Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. 36.24.030 Penalty for nonattendance of juror. Every person summoned as a juror who fails to appear without having a reasonable excuse shall forfeit a sum not exceeding twenty dollars, to be recovered by the coroner, in the name of the state, before any district judge of the county. The penalty when collected shall be paid over to the county treasurer for the use of the county. [1987 c 202 § 202; 1963 c 4 § 36.24.030. Prior: Code 1881 § 2778; 1863 p 560 § 4; 1854 p 436 § 4; RRS § 4182.] 36.24.030 Intent—1987 c 202: See note following RCW 2.04.190. 36.24.040 Duty of coroner’s jury—Oath. When four or more of the jurors attend, they shall be sworn by the coroner to inquire who the person was, and when, where, and by what means he or she came to his or her death, and into the 36.24.040 (2010 Ed.) 36.24.090 circumstances attending his or her death, and to render a true verdict therein, according to the evidence afforded them, or arising from the inspection of the body. [2009 c 549 § 4033; 1963 c 4 § 36.24.040. Prior: Code 1881 § 2779; 1863 p 560 § 5; 1854 p 436 § 5; RRS § 4183.] 36.24.050 Power to summon witnesses—Subpoenas. The coroner may issue subpoenas for witnesses returnable forthwith or at such time and place as the coroner may appoint, which may be served by any competent person. The coroner must summon and examine as witnesses, on oath administered by the coroner, every person, who, in his or her opinion or that of any of the jury, has any knowledge of the facts. A witness served with a subpoena may be compelled to attend and testify, or be punished by the coroner for disobedience, in like manner as upon a subpoena issued by a district judge. [1987 c 202 § 203; 1963 c 4 § 36.24.050. Prior: (i) 1901 c 131 § 1, part; Code 1881 § 2780, part; 1863 p 560 § 6, part; 1854 p 436 § 6, part; RRS § 4184, part. (ii) Code 1881 § 2781; 1863 p 560 § 7; 1854 p 437 § 7; RRS § 4186.] 36.24.050 Intent—1987 c 202: See note following RCW 2.04.190. 36.24.060 Power to employ physician or surgeon— Compensation. The coroner may summon a surgeon or physician to inspect the body and give under oath a professional opinion as to the cause of death. The fees for the coroner’s physician or surgeon shall not be less than ten dollars. [1963 c 4 § 36.24.060. Prior: (i) 1901 c 131 § 1, part; Code 1881 § 2780, part; 1863 p 560 § 6, part; 1854 p 436 § 6, part; RRS § 4184, part.] 36.24.060 36.24.070 Verdict of jury. After hearing the testimony, the jury shall render its verdict and certify the same in writing signed by the jurors, and setting forth who the person killed is, if known, and when, where and by what means he or she came to his or her death; or if he or she was killed, or his or her death was occasioned by the act of another by criminal means, who is guilty thereof, if known. [2009 c 549 § 4034; 1963 c 4 § 36.24.070. Prior: 1953 c 188 § 4; Code 1881 § 2782; 1863 p 560 § 8; 1854 p 437 § 8; RRS § 4187.] 36.24.070 36.24.080 Testimony reduced to writing in certain cases and witnesses recognized. In all cases where murder or manslaughter is supposed to have been committed, the testimony of witnesses taken before the coroner’s jury shall be reduced to writing by the coroner, or under his or her direction, and he or she shall also recognize such witnesses to appear and testify in the superior court of the county, and shall forthwith file the written testimony, inquisition, and recognizance with the clerk of such court. [2009 c 549 § 4035; 1963 c 4 § 36.24.080. Prior: Code 1881 § 2783; 1863 p 561 § 9; 1854 p 437 § 9; RRS § 4188.] 36.24.080 36.24.090 Procedure where accused is under arrest. If the person charged with the commission of the offense has been arrested before the inquisition has been filed, the coroner shall deliver the recognizance and the inquisition, with the testimony taken, to the magistrate before whom such person may be brought, who shall return the same, with the depositions and statements taken before him or her to the clerk of 36.24.090 [Title 36 RCW—page 49] 36.24.100 Title 36 RCW: Counties the superior court of the county. [2009 c 549 § 4036; 1963 c 4 § 36.24.090. Prior: Code 1881 § 2784; 1863 p 561 § 10; 1854 p 437 § 10; RRS § 4189.] 36.24.100 Procedure where accused is at large— Warrant of arrest. If the jury finds that the person was killed and the party committing the homicide is ascertained by the inquisition, but is not in custody, the coroner shall issue a warrant for the arrest of the person charged, returnable forthwith to the nearest magistrate. [1963 c 4 § 36.24.100. Prior: Code 1881 § 2785; 1863 p 561 § 11; 1854 p 437 § 11; RRS § 4190.] 36.24.100 36.24.110 Form of warrant. The coroner’s warrant shall be in substantially the following form: 36.24.110 State of Washington, County of . . . . . . . . . . . . .      36.24.140 36.24.140 Duty of treasurer. Upon the delivery of money to the treasurer, the treasurer shall place it to the credit of the county. [2004 c 79 § 2; 1963 c 4 § 36.24.140. Prior: Code 1881 § 2790; 1863 p 562 § 16; 1854 p 438 § 16; RRS § 4195.] 36.24.150 36.24.150 Delivery to representatives. If the money in the treasury is demanded within six years by the legal representatives of the deceased, the treasurer shall pay it to them after deducting the fees and expenses of the coroner and of the county in relation to the matter, or the same may be so paid at any time thereafter, upon the order of the board of county commissioners of the county. [1963 c 4 § 36.24.150. Prior: Code 1881 § 2791; 1863 p 562 § 17; 1854 p 438 § 17; RRS § 4196.] 36.24.155 ss. To any sheriff or constable of the county. An inquisition having been this day found by the coroner’s jury, before me, stating that A B has come to his or her death by the act of C D, by criminal means (or as the case may be, as found by the inquisition), you are therefore commanded, in the name of the state of Washington, forthwith to arrest the above named C D, and take him or her before the nearest or most accessible magistrate in this county. Given under my hand this . . . . day of . . . . . ., A.D. 19. . . E F, coroner of the county of . . . . . . . . . . [2009 c 549 § 4037; 1963 c 4 § 36.24.110. Prior: Code 1881 § 2786; 1863 p 561 § 12; 1854 p 437 § 12; RRS § 4191.] 36.24.120 Service of warrant. The coroner’s warrant may be served in any county, and the officers serving it shall proceed thereon, in all respects, as upon a warrant of arrest. [1963 c 4 § 36.24.120. Prior: Code 1881 § 2787; 1863 p 561 § 13; 1854 p 438 § 13; RRS § 4192.] 36.24.120 36.24.155 Undisposed of remains—Entrusting to funeral homes or mortuaries. Whenever anyone shall die within a county without making prior plans for the disposition of his or her body and there is no other person willing to provide for the disposition of the body, the county coroner shall cause such body to be entrusted to a funeral home in the county where the body is found. Disposition shall be on a rotation basis, which shall treat equally all funeral homes or mortuaries desiring to participate, such rotation to be established by the coroner after consultation with representatives of the funeral homes or mortuaries in the county or counties involved. [2009 c 549 § 4038; 1969 ex.s. c 259 § 2.] Human remains that have not been disposed: RCW 68.50.230. 36.24.160 36.24.160 District judge may act as coroner. If the office of coroner is vacant, or the coroner is absent or unable to attend, the duties of the coroner’s office may be performed by any district judge in the county with the like authority and subject to the same obligations and penalties as the coroner. For such service a district judge shall be entitled to the same fees, payable in the same manner. [1987 c 202 § 204; 1963 c 4 § 36.24.160. Prior: (i) Code 1881 § 2793; 1863 p 562 § 19; 1854 p 438 § 19; RRS § 4198. (ii) Code 1881 § 2795; 1863 p 562 § 21; 1854 p 438 § 21; RRS § 4199.] Intent—1987 c 202: See note following RCW 2.04.190. 36.24.130 Property of deceased. The coroner or medical examiner must, within thirty days after the investigation of the death, deliver to the county treasurer any money which may be found upon the body, unless claimed in the meantime by the legal representatives of the deceased. If there is personal property, other than money, found upon the body, unless claimed in the meantime by a legal representative of the deceased, the coroner or medical examiner shall, within one hundred eighty days of the investigation, be authorized to dispose of any property of no resale value and forward any other property to the applicable county agency to be sold at the next county surplus sale. Any proceeds from the sale shall be forwarded to the county treasurer. If the coroner or medical examiner fails to do so, the treasurer may proceed against the coroner or medical examiner to recover the same by a civil action in the name of the county. [2004 c 79 § 1; 1963 c 4 § 36.24.130. Prior: Code 1881 § 2789; 1863 p 562 § 15; 1854 p 438 § 15; RRS § 4194.] 36.24.130 [Title 36 RCW—page 50] 36.24.170 36.24.170 Coroner not to practice law. The coroner shall not appear or practice as attorney in any court, except in defense of himself or herself or his or her deputies. [2009 c 549 § 4039; 1963 c 4 § 36.24.170. Prior: 1891 c 45 § 4, part; Code 1881 § 2770, part; 1863 p 558 § 5, part; 1854 p 434 § 5, part; RRS § 4171, part.] 36.24.175 36.24.175 Coroner not to be owner or employee of funeral home or mortuary—Counties with populations of forty thousand or more. In each county with a population of forty thousand or more, no person shall be qualified for the office of county coroner as provided for in RCW 36.16.030 who is an owner or employee of any funeral home or mortuary. [1991 c 363 § 54; 1969 ex.s. c 259 § 3.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. (2010 Ed.) Public Defender 36.24.180 Audit of coroner’s account. Before auditing and allowing the account of the coroner the board of county commissioners shall require from him or her a verified statement in writing, accounting for all money or other property found upon persons on whom inquests have been held by him or her, and that the money or property mentioned in it has been delivered to the legal representatives of the deceased, or to the county treasurer. [2009 c 549 § 4040; 1963 c 4 § 36.24.180. Prior: Code 1881 § 2792; 1863 p 562 § 18; 1854 p 438 § 18; RRS § 4197.] 36.24.180 36.24.190 Medical examiner—When authorized— Election—Qualifications for appointment. In a county with a population of two hundred fifty thousand or more, the county legislative authority may, upon majority vote at an election called by the county legislative authority, adopt a system under which a medical examiner may be appointed to replace the office of the coroner. The county legislative authority must adopt a resolution or ordinance that creates the office of medical examiner at least thirty days prior to the first day of filing for the primary election for county offices. If a county adopts such a resolution or ordinance, the resolution or ordinance shall be referred to the voters for confirmation or rejection at the next date for a special election according to RCW 29A.04.321. If the resolution or ordinance is approved by majority vote, no election shall be held for the position of coroner and the coroner’s position is abolished following the expiration of the coroner’s term of office or upon vacating of the office of the coroner for any reason. The county legislative authority shall appoint a medical examiner to assume the statutory duties performed by the county coroner and the appointment shall become effective following the expiration of the coroner’s term of office or upon the vacating of the office of the coroner. To be appointed as a medical examiner pursuant to this section, a person must either be: (1) Certified as a forensic pathologist by the American board of pathology; or (2) a qualified physician eligible to take the American board of pathology exam in forensic pathology within one year of being appointed. A physician specializing in pathology who is appointed to the position of medical examiner and who is not certified as a forensic pathologist must pass the pathology exam within three years of the appointment. [2006 c 344 § 27; 1996 c 108 § 2.] 36.24.190 Effective date—2006 c 344 §§ 1-16 and 18-40: See note following RCW 29A.04.311. 36.26.050 (1) "County commissioners" or "board of county commissioners" means and includes: (a) Any single board of county commissioners, county council, or other governing body of any county which has neither a board of county commissioners nor a county council denominated as such; and (b) The governing bodies, including any combination or mixture of more than one board of county commissioners, county council, or otherwise denominated governing body of a county, of any two or more contiguous counties electing to participate jointly in the support of any intercounty public defender. (2) "District" or "public defender district" means any one or more entire counties electing to employ a public defender; and no county shall be divided in the creation of any public defender district. [1969 c 94 § 1.] 36.26.020 Public defender district—Creation— Office of public defender. The board of county commissioners of any single county or of any two or more territorially contiguous counties or acting in cooperation with the governing authority of any city located within the county or counties may, by resolution or by ordinance, or by concurrent resolutions or concurrent ordinances, constitute such county or counties or counties and cities as a public defender district, and may establish an office of public defender for such district. [1969 c 94 § 2.] 36.26.020 36.26.030 Selection committee. The board of county commissioners of every county electing to become or to join in a public defender district shall appoint a selection committee for the purpose of selecting a full or part time public defender for the public defender district. Such selection committee shall consist of one member of each board of county commissioners, one member of the superior court from each county, and one practicing attorney from each county within the district. [1969 c 94 § 3.] 36.26.030 36.26.040 Public defender—Qualifications—Term. Every public defender and every assistant public defender must be a qualified attorney licensed to practice law in this state; and the term of the public defender shall coincide with the elected term of the prosecuting attorney. [1969 c 94 § 4.] 36.26.040 36.26.050 Reports—Records—Costs and expenses. The public defender shall make an annual report to each board of county commissioners within his or her district. If any public defender district embraces more than one county or a cooperating city, the public defender shall maintain records of expenses allocable to each county or city within the district, and shall charge such expenses only against the county or city for which the services were rendered or the costs incurred. The boards of county commissioners of counties and the governing authority of any city participating jointly in a public defender district are authorized to provide for the sharing of the costs of the district by mutual agreement, for any costs which cannot be specifically apportioned to any particular county or city within the district. Expenditures by the public defender shall be subject to the provisions of chapter 36.40 RCW and other statutes relat36.26.050 Chapter 36.26 Chapter 36.26 RCW PUBLIC DEFENDER Sections 36.26.010 36.26.020 36.26.030 36.26.040 36.26.050 36.26.060 36.26.070 36.26.080 36.26.090 36.26.900 Definitions. Public defender district—Creation—Office of public defender. Selection committee. Public defender—Qualifications—Term. Reports—Records—Costs and expenses. Compensation—Office—Assistants, clerks, investigators, etc. Duty to represent indigent defendants. Duty to counsel, defend, and prosecute appeals. Appointment of attorney other than public defender. Chapter cumulative and nonexclusive. 36.26.010 Definitions. As used in this chapter: 36.26.010 (2010 Ed.) [Title 36 RCW—page 51] 36.26.060 Title 36 RCW: Counties ing to expenditures by counties or cities. [2009 c 549 § 4041; 1969 c 94 § 5.] 36.26.060 Compensation—Office—Assistants, clerks, investigators, etc. (1) The board of county commissioners shall: (a) Fix the compensation of the public defender and of any staff appointed to assist him or her in the discharge of his or her duties: PROVIDED, That the compensation of the public defender shall not exceed that of the county prosecutor in those districts which comprise only one county; (b) Provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of his or her office in the discharge of his or her duties, or provide an allowance in lieu of facilities and supplies. (2) The public defender may appoint as many assistant attorney public defenders, clerks, investigators, stenographers and other employees as the board of county commissioners considers necessary in the discharge of his or her duties as a public defender. [2009 c 549 § 4042; 1969 c 94 § 6.] 36.26.060 36.26.070 Duty to represent indigent defendants. The public defender must represent, without charge to any accused, every indigent person who is or has been arrested or charged with a crime for which court appointed counsel for indigent defendants is required either under the Constitution of the United States or under the Constitution and laws of the state of Washington: (1) If such arrested person or accused, having been apprised of his or her constitutional and statutory rights to counsel, requests the appointment of counsel to represent him or her; and (2) If a court, on its own motion or otherwise, does not appoint counsel to represent the accused; and (3) Unless the arrested person or accused, having been apprised of his or her right to counsel in open court, affirmatively rejects or intelligently repudiates his or her constitutional and statutory rights to be represented by counsel. [2009 c 549 § 4043; 1984 c 76 § 18; 1969 c 94 § 7.] 36.26.070 36.26.080 Duty to counsel, defend, and prosecute appeals. Whenever the public defender represents any indigent person held in custody without commitment or charged with any criminal offense, he or she must (1) counsel and defend such person, and (2) prosecute any appeals and other remedies, whether before or after conviction, which he or she considers to be in the interests of justice. [2009 c 549 § 4044; 1969 c 94 § 8.] 36.26.080 36.26.090 Appointment of attorney other than public defender. For good cause shown, or in any case involving a crime of widespread notoriety, the court may, upon its own motion or upon application of either the public defender or of the indigent accused, appoint an attorney other than the public defender to represent the accused at any stage of the proceedings or on appeal: PROVIDED, That the public defender may represent an accused, not an indigent, in any case of public notoriety where the court may find that adequate retained counsel is not available. The court shall award, 36.26.090 [Title 36 RCW—page 52] and the county in which the offense is alleged to have been committed shall pay, such attorney reasonable compensation and reimbursement for any expenses reasonably and necessarily incurred in the presentation of the accused’s defense or appeal, in accordance with RCW 4.88.330. [1984 c 76 § 19; 1983 c 3 § 76; 1969 c 94 § 9.] 36.26.900 Chapter cumulative and nonexclusive. The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy, particularly in counties electing not to create the office of public defender: PROVIDED, That nothing herein shall be construed to prevent the appointment of a full time or part time assignedcounsel administrator for the purpose of maintaining a centrally administered system for the assignment of counsel to represent indigent persons. [1969 c 94 § 10.] 36.26.900 Chapter 36.27 Chapter 36.27 RCW PROSECUTING ATTORNEY Sections 36.27.005 36.27.010 36.27.020 36.27.030 36.27.040 36.27.045 36.27.050 36.27.060 36.27.070 36.27.100 36.27.110 36.27.120 Defined. Eligibility to office. Duties. Disability of prosecuting attorney. Appointment of deputies—Special and temporary deputies. Employment of legal interns. Special emoluments prohibited. Private practice prohibited in certain counties—Deputy prosecutors. Office at county seat. Statewide drug prosecution assistance program—Created. Statewide drug prosecution assistance program—Advisory committee—Selection of project director. Statewide drug prosecution assistance program—Personnel— Review of assignments—Supervision of special deputies. Attorney general to act if prosecuting attorney defaults: RCW 43.10.090. Attorney general to assist: RCW 43.10.030(4). Autopsy reports, prosecuting attorney may know contents of: RCW 68.50.105. Charitable solicitors, prosecuting attorney’s powers and duties relating to: Chapter 19.09 RCW. County canvassing board, prosecuting attorney as member: RCW 29A.60.160, 39.40.030. Defined for diking, drainage or sewerage improvement district purposes: RCW 85.08.010. Dissolution of inactive port districts: Chapter 53.47 RCW. District court districting committee, as member of: RCW 3.38.010. Duties relating to air pollution control regulations: Chapter 70.94 RCW. apple commission law: RCW 15.24.180. baseball contracts with minors: RCW 67.04.110, 67.04.120. basic juvenile court act: Chapter 13.04 RCW. camping resorts: RCW 19.105.470, 19.105.490. cigarette excise tax forfeiture proceeding: RCW 82.24.135. cities and towns, proceedings attacking validity of consolidation or annexation: RCW 35.23.545. civil service for sheriff’s office: RCW 41.14.170. crime victims and witnesses, comprehensive programs: RCW 7.68.035. dairy products commission law: RCW 15.44.160. degree-granting institutions: Chapter 28B.85 RCW. dental hygienists, licensing of: RCW 18.29.100. department of natural resources: RCW 78.52.035. diking, drainage and sewerage improvement districts: Chapter 85.08 RCW. diseased apiaries as nuisance: Chapter 15.60 RCW. elections, initiative and referendum: Chapter 29A.72 RCW. elevators, escalators, like conveyances: RCW 70.87.140. (2010 Ed.) Prosecuting Attorney eminent domain by counties: Chapter 8.08 RCW. food, drug and cosmetic act: RCW 69.04.160. grain and terminal warehouses, commodity inspection violations: Chapter 22.09 RCW. homestead property, application to alienate upon grounds of insanity of one spouse: Chapter 6.13 RCW. hotels, safety inspection violations: Chapter 70.62 RCW. housing authority act: RCW 35.82.040. individuals with mental illness, alcoholics, detention of in private hospitals: Chapter 71.12 RCW. inspection and certification service fees: RCW 15.17.150. liquor violations: RCW 66.44.010. abatement proceedings: Chapter 66.36 RCW. mental illness: Chapter 71.05 RCW. pharmacists, regulations of: Chapter 18.64 RCW. physical therapy, practice of: RCW 18.74.090, 18.74.095. pilotage act, violations: Chapter 88.16 RCW. plats, subdivisions and dedications, failure to file: Chapter 58.17 RCW. private vocational schools: Chapter 28C.10 RCW. public lands, tidelands and shorelands, appraisal of: RCW 79.125.070. railroad grade crossings as nuisance, abatement of: RCW 81.53.190. real estate brokers and salespersons licensing provisions: RCW 18.85.430. retail installment transaction act: RCW 63.14.190. river and harbor improvement districts: Chapter 88.32 RCW. school districts, violations applicable to: Chapter 28A.635 RCW. securities act: RCW 21.20.410. seeds: Chapter 15.49 RCW. sexual psychopaths and psychopathic delinquents: Chapter 71.06 RCW. soft tree fruits commission law: RCW 15.28.290. standards, grades and packs violations: RCW 15.17.260. support of dependent children: Chapter 74.20 RCW. taxes, property lien foreclosure: Chapter 84.64 RCW. recovery: Chapter 84.68 RCW. term papers, theses, dissertations, sale of prohibited: RCW 28B.10.584. uniform reciprocal enforcement of support act: Chapter 26.21A RCW. veterans, employment, reemployment rights: RCW 73.16.061. vital statistics: Chapter 70.58 RCW. wages, payment and collection of: RCW 49.48.050. Washington commercial feed law: Chapter 15.53 RCW. Washington fertilizer act: RCW 15.54.470. Washington pesticide act: Chapter 15.58 RCW. Washington state agricultural enabling act of 1961: RCW 15.65.550. water code: RCW 90.03.100, 90.03.350. weed districts: Chapter 17.04 RCW. wharves, eminent domain of county to provide: RCW 88.24.070. Gambling activities, as affecting: Chapter 9.46 RCW. Governor may request action by: RCW 43.06.010(6). Juvenile justice act, duties of prosecuting attorney: Chapter 13.40 RCW. Pawnbroker’s and secondhand dealers’ records open to inspection: RCW 19.60.020. Support of dependent children, records available for use in proceedings relating to: RCW 74.20.280. Uniform interstate family support act, prosecuting attorney may enter into agreement where attorney general will carry out duties under: RCW 74.20.210. Vehicle of is emergency vehicle: RCW 46.04.040. Washington habitual traffic offenders act, prosecuting attorney’s duties: Chapter 46.65 RCW. 36.27.005 Defined. Prosecuting attorneys are attorneys authorized by law to appear for and represent the state and the counties thereof in actions and proceedings before the courts and judicial officers. [1963 c 4 § 36.27.005. Prior: 1891 c 55 § 3; RRS § 113.] 36.27.005 36.27.010 Eligibility to office. No person shall be eligible to the office of prosecuting attorney in any county of this state, unless he or she is a qualified elector therein, and 36.27.010 (2010 Ed.) 36.27.020 has been admitted as an attorney and counselor of the courts of this state. [2009 c 549 § 4045; 1963 c 4 § 36.27.010. Prior: 1891 c 55 § 4; RRS § 4128. Cf. 1883 p 72 § 7.] 36.27.020 Duties. The prosecuting attorney shall: (1) Be legal adviser of the legislative authority, giving them [it] his or her written opinion when required by the legislative authority or the chairperson thereof touching any subject which the legislative authority may be called or required to act upon relating to the management of county affairs; (2) Be legal adviser to all county and precinct officers and school directors in all matters relating to their official business, and when required draw up all instruments of an official nature for the use of said officers; (3) Appear for and represent the state, county, and all school districts subject to the supervisory control and direction of the attorney general in all criminal and civil proceedings in which the state or the county or any school district in the county may be a party; (4) Prosecute all criminal and civil actions in which the state or the county may be a party, defend all suits brought against the state or the county, and prosecute actions upon forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county; (5) Attend and appear before and give advice to the grand jury when cases are presented to it for consideration and draw all indictments when required by the grand jury; (6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of felonies when the prosecuting attorney has information that any such offense has been committed and the prosecuting attorney shall for that purpose attend when required by them if the prosecuting attorney is not then in attendance upon the superior court; (7) Carefully tax all cost bills in criminal cases and take care that no useless witness fees are taxed as part of the costs and that the officers authorized to execute process tax no other or greater fees than the fees allowed by law; (8) Receive all cost bills in criminal cases before district judges at the trial of which the prosecuting attorney was not present, before they are lodged with the legislative authority for payment, whereupon the prosecuting attorney may retax the same and the prosecuting attorney must do so if the legislative authority deems any bill exorbitant or improperly taxed; (9) Present all violations of the election laws which may come to the prosecuting attorney’s knowledge to the special consideration of the proper jury; (10) Examine once in each year the official bonds of all county and precinct officers and report to the legislative authority any defect in the bonds of any such officer; (11) Make an annual report to the governor as of the 31st of December of each year setting forth the amount and nature of business transacted by the prosecuting attorney in that year with such other statements and suggestions as the prosecuting attorney may deem useful; (12) Send to the state liquor control board at the end of each year a written report of all prosecutions brought under the state liquor laws in the county during the preceding year, showing in each case, the date of trial, name of accused, 36.27.020 [Title 36 RCW—page 53] 36.27.030 Title 36 RCW: Counties nature of charges, disposition of case, and the name of the judge presiding; (13) Seek to reform and improve the administration of criminal justice and stimulate efforts to remedy inadequacies or injustice in substantive or procedural law. [1995 c 194 § 4; 1987 c 202 § 205; 1975 1st ex.s. c 19 § 1; 1963 c 4 § 36.27.020. Prior: (i) 1911 c 75 § 1; 1891 c 55 § 7; RRS § 116. (ii) 1886 p 65 § 5; 1883 p 73 § 10; Code 1881 § 2171; 1879 p 93 § 6; 1877 p 246 § 6; 1863 p 408 § 4; 1860 p 335 § 3; 1858 p 12 § 4; 1854 p 416 § 4; RRS § 4130. (iii) 1886 p 61 § 7; 1883 p 73 § 12; Code 1881 § 2168; 1879 p 94 § 8; 1877 p 247 § 8; RRS § 4131. (iv) 1886 p 61 § 8; 1883 p 74 § 13; Code 1881 § 2169; 1879 p 94 § 8; 1877 p 247 § 9; RRS § 4132. (v) 1886 p 61 § 9; 1883 p 74 § 14; Code 1881 § 2170; 1879 p 94 § 9; 1877 p 247 § 10; RRS § 4133. (vi) 1886 p 62 § 13; 1883 p 74 § 18; Code 1881 § 2165; 1879 p 95 § 13; 1877 p 248 § 14; 1863 p 409 § 5; 1860 p 334 § 4; 1858 p 12 § 5; 1854 p 417 § 5; RRS § 4134. (vii) Referendum No. 24; 1941 c 191 § 1; 1886 p 63 § 18; 1883 p 76 § 24; Code 1881 § 2146; 1879 p 96 § 18; RRS § 4136. (viii) Code 1881 § 3150; 1866 p 52 § 10; RRS § 4137. (ix) 1933 ex.s. c 62 § 81, part; RRS § 7306-81, part.] Intent—1987 c 202: See note following RCW 2.04.190. Annual report to include number of child abuse reports and cases: RCW 26.44.075. 36.27.030 Disability of prosecuting attorney. When from illness or other cause the prosecuting attorney is temporarily unable to perform his or her duties, the court or judge may appoint some qualified person to discharge the duties of such officer in court until the disability is removed. When any prosecuting attorney fails, from sickness or other cause, to attend a session of the superior court of his or her county, or is unable to perform his or her duties at such session, the court or judge may appoint some qualified person to discharge the duties of such session, and the appointee shall receive a compensation to be fixed by the court, to be deducted from the stated salary of the prosecuting attorney, not exceeding, however, one-fourth of the quarterly salary of the prosecuting attorney: PROVIDED, That in counties wherein there is no person qualified for the position of prosecuting attorney, or wherein no qualified person will consent to perform the duties of that office, the judge of the superior court shall appoint some suitable person, a duly admitted and practicing attorney-at-law and resident of the state to perform the duties of prosecuting attorney for such county, and he or she shall receive such reasonable compensation for his or her services as shall be fixed and ordered by the court, to be paid by the county for which the services are performed. [2009 c 549 § 4046; 1963 c 4 § 36.27.030. Prior: (i) 1891 c 55 § 5; RRS § 114. (ii) 1893 c 52 § 1; 1886 p 62 § 14; 1883 p 74 § 19; Code 1881 § 2166; 1879 p 95 § 14; 1877 p 248 § 15; 1863 p 409 § 6; 1860 p 335 § 5; 1858 p 13 § 6; 1854 p 417 § 6; RRS § 4135.] 36.27.030 36.27.040 Appointment of deputies—Special and temporary deputies. The prosecuting attorney may appoint one or more deputies who shall have the same power in all respects as their principal. Each appointment shall be in writing, signed by the prosecuting attorney, and filed in the county auditor’s office. Each deputy thus appointed shall 36.27.040 [Title 36 RCW—page 54] have the same qualifications required of the prosecuting attorney, except that such deputy need not be a resident of the county in which he or she serves. The prosecuting attorney may appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be limited to the purposes stated in the writing signed by the prosecuting attorney and filed in the county auditor’s office. Such special deputy prosecuting attorney shall be admitted to practice as an attorney before the courts of this state but need not be a resident of the county in which he or she serves and shall not be under the legal disabilities attendant upon prosecuting attorneys or their deputies except to avoid any conflict of interest with the purpose for which he or she has been engaged by the prosecuting attorney. The prosecuting attorney shall be responsible for the acts of his or her deputies and may revoke appointments at will. Two or more prosecuting attorneys may agree that one or more deputies for any one of them may serve temporarily as deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys. Any such deputy thus serving shall have the same power in all respects as if he or she were serving permanently. The provisions of chapter 39.34 RCW shall not apply to such agreements. The provisions of *RCW 41.56.030(2) shall not be interpreted to permit a prosecuting attorney to alter the at-will relationship established between the prosecuting attorney and his or her appointed deputies by this section for a period of time exceeding his or her term of office. Neither shall the provisions of *RCW 41.56.030(2) require a prosecuting attorney to alter the at-will relationship established by this section. [2009 c 549 § 4047; 2000 c 23 § 2; 1975 1st ex.s. c 19 § 2; 1963 c 4 § 36.27.040. Prior: 1959 c 30 § 1; 1943 c 35 § 1; 1903 c 7 § 1; 1891 c 55 § 6; 1886 p 63 § 17; 1883 p 76 § 23; Code 1881 § 2142; 1879 p 95 § 16; Rem. Supp. 1943 § 115.] *Reviser’s note: RCW 41.56.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2) to subsection (12). 36.27.045 Employment of legal interns. Notwithstanding any other provision of this chapter, nothing in this chapter shall be deemed to prevent a prosecuting attorney from employing legal interns as otherwise authorized by statute or court rule. [1974 ex.s. c 6 § 1.] 36.27.045 36.27.050 Special emoluments prohibited. No prosecuting attorney shall receive any fee or reward from any person, on behalf of any prosecution, or for any of his or her official services, except as provided in this title, nor shall he or she be engaged as attorney or counsel for any party in any action depending upon the same facts involved in any criminal proceeding. [2009 c 549 § 4048; 1963 c 4 § 36.27.050. Prior: 1888 p 189 § 1; 1886 p 62 § 12; 1883 p 74 § 17; Code 1881 § 2164; 1879 p 94 § 12; 1877 p 248 § 13; 1863 p 409 § 8; 1860 p 335 § 7; 1858 p 13 § 8; 1854 p 417 § 7; RRS § 4138.] 36.27.050 36.27.060 Private practice prohibited in certain counties—Deputy prosecutors. (1) The prosecuting attorney, and deputy prosecuting attorneys, of each county with a 36.27.060 (2010 Ed.) County Sheriff population of eighteen thousand or more shall serve full time and except as otherwise provided for in this section shall not engage in the private practice of law. (2) Deputy prosecuting attorneys in a county with a population of from eighteen thousand to less than one hundred twenty-five thousand may serve part time and engage in the private practice of law if the county legislative authority so provides. (3) Except as provided in subsection (4) of this section, nothing in this section prohibits a prosecuting attorney or deputy prosecuting attorney in any county from: (a) Performing legal services for himself or herself or his or her immediate family; or (b) Performing legal services of a charitable nature. (4) The legal services identified in subsection (3) of this section may not be performed if they would interfere with the duties of a prosecuting attorney, or deputy prosecuting attorney and no services that are performed shall be deemed within the scope of employment of a prosecutor or deputy prosecutor. [1991 c 363 § 55; 1989 c 39 § 1; 1973 1st ex.s. c 86 § 1; 1971 ex.s. c 237 § 2; 1969 ex.s. c 226 § 2; 1963 c 4 § 36.27.060. Prior: 1941 c 46 § 2; Rem. Supp. 1941 § 4139-1.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Additional notes found at www.leg.wa.gov 36.27.070 Office at county seat. The prosecuting attorney of each county in the state of Washington must keep an office at the county seat of the county of which he or she is prosecuting attorney. [2009 c 549 § 4049; 1963 c 4 § 36.27.070. Prior: 1909 c 122 § 1; RRS § 4139.] 36.27.120 Statewide drug prosecution assistance program—Personnel—Review of assignments—Supervision of special deputies. The project director of the drug prosecution assistance program shall employ up to five attorneys to act as special deputy prosecuting attorneys. A county or counties may request the assistance of one or more of the special deputy prosecuting attorneys. The project director after consultation with the advisory committee shall determine the assignment of the special deputy prosecutors. Within funds appropriated for this purpose, the project director may also employ necessary support staff and purchase necessary supplies and equipment. The advisory committee shall regularly review the assignment of the special deputy prosecuting attorneys to ensure that the program’s impact on the drug abuse problem is maximized. During the time a special deputy prosecuting attorney is assigned to a county, the special deputy is under the direct supervision of the county prosecuting attorney for that county. The advisory committee may reassign a special deputy at any time: PROVIDED, That adequate notice must be given to the county prosecuting attorney if the special deputy is involved in a case scheduled for trial. [1989 c 271 § 238.] 36.27.120 Additional notes found at www.leg.wa.gov Chapter 36.28 36.27.070 36.27.100 Statewide drug prosecution assistance program—Created. The legislature recognizes that, due to the magnitude or volume of offenses in a given area of the state, there is a recurring need for supplemental assistance in the prosecuting of drug and drug-related offenses that can be directed to the area of the state with the greatest need for short-term assistance. A statewide drug prosecution assistance program is created within the criminal justice training commission to assist county prosecuting attorneys in the prosecution of drug and drug-related offenses. [2010 c 271 § 501; 1995 c 399 § 41; 1989 c 271 § 236.] 36.27.100 Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005. Additional notes found at www.leg.wa.gov 36.27.110 Statewide drug prosecution assistance program—Advisory committee—Selection of project director. There is established a statewide advisory committee comprised of the attorney general, the chief of the Washington state patrol, both United States attorneys whose offices are located in Washington state, and three county prosecuting attorneys appointed by the Washington association of prosecuting attorneys, who will also act as supervising attorneys. The statewide advisory committee shall select one of the supervising attorneys to act as project director of the drug prosecution assistance program. [1989 c 271 § 237.] 36.27.110 Additional notes found at www.leg.wa.gov (2010 Ed.) Chapter 36.28 Chapter 36.28 RCW COUNTY SHERIFF Sections 36.28.010 36.28.011 36.28.020 36.28.025 36.28.030 36.28.040 36.28.050 36.28.060 36.28.090 36.28.100 36.28.110 36.28.120 36.28.130 36.28.150 36.28.160 36.28.170 36.28.180 36.28.190 General duties. Duty to make complaint. Powers of deputies, regular and special. Qualifications. New or additional bond of sheriff. May demand fees in advance. May demand indemnifying bond. Duplicate receipts—Penalties. Service of process when sheriff disqualified. Employment of prisoners. Sheriff not to practice law. Duty of retiring sheriffs, constables, and coroners—Successors’ duties. Actions by successors and by officials after expiration of term of office validated. Liability for fault or misconduct. Office at county seat. Standard uniform for sheriffs and deputies. Allowance for clothing and other incidentals. City contracts to obtain sheriff’s office law enforcement services. Action against, limitation on: RCW 4.16.080, 4.16.110. Attachment of witnesses directed to: RCW 5.56.080. Civil service for sheriff’s office: Chapter 41.14 RCW. Counties may engage in probation and parole services: RCW 36.01.070. Court rooms, court may order sheriff to provide: RCW 2.28.140. Defined for attachment proceedings purposes: RCW 6.25.010. Dissolution of inactive port districts, sheriff’s sale: RCW 53.47.040. Disturbances at state penal facilities: Chapter 72.72 RCW. Dog handler using dog in line of duty—Immunity: RCW 4.24.410. Duties relating to abandoned animals: Chapter 16.54 RCW. adverse claims to property levied upon: Chapter 6.19 RCW. agister and trainer liens: Chapter 60.56 RCW. apple advertising regulations: RCW 15.24.180. attachment, sheriff’s duties: Chapter 6.25 RCW. chattel mortgages, foreclosure of: Chapter 61.12 RCW. cities and towns [Title 36 RCW—page 55] 36.28.010 Title 36 RCW: Counties involuntary dissolution: RCW 35.07.260. protection from water pollution: Chapter 35.88 RCW. civil actions impanelling jury: RCW 4.44.120. sheriff to obtain money or property ordered deposited into court upon default: RCW 4.44.490. sheriff to provide jurors food and lodging: RCW 4.44.310. crop liens: Chapter 60.11 RCW. dairy products commission law: RCW 15.44.160. dead bodies, sheriff to surrender for dissection purposes: RCW 68.50.070. default in rent of forty dollars or less: RCW 59.08.060, 59.08.090, 59.08.100. department of revenue summons: RCW 84.08.050. diking, drainage district, dissolution of: Chapter 85.07 RCW. dogs: Chapter 16.08 RCW. elections, polling place regulations during voting hours: Chapter 29A.44 RCW. eminent domain by state: Chapter 8.04 RCW. execution of judgment: Chapter 6.17 RCW. fires, sheriff to report: RCW 43.44.050. forcible entry or forcible or unlawful detainer actions: Chapter 59.12 RCW. game official, duties as: Chapter 77.12 RCW, RCW 77.32.250. highway advertising control act, violations: Chapter 47.42 RCW. horses, mules, asses at large, sheriff to impound: Chapter 16.24 RCW. individuals with mental illness, state hospitals for, escape by patient from: Chapter 72.23 RCW. irrigation and rehabilitation district rules and regulations: RCW 87.84.100. juries, drawing of: Chapter 2.36 RCW. labor disputes, arbitration of: RCW 49.08.030. lien for labor and services on timber and lumber, actions on: Chapter 60.24 RCW. limited access facility within city or town: RCW 47.52.200. liquor violations, sheriff as enforcement officer: RCW 66.44.010. lost and found property: Chapter 63.21 RCW. mental illness: Chapter 71.05 RCW. mines, abandoned mining shafts and excavations: Chapter 78.12 RCW. missing children: RCW 13.60.020. motor vehicle accidents: Chapter 46.52 RCW. fuel haulers: RCW 82.36.210. offenses generally: Title 46 RCW. obstructions on public highways: Chapter 47.32 RCW. port districts dissolution of: Chapter 53.48 RCW. motor vehicle regulation enforcement: RCW 53.08.230. prevention of cruelty to animals: Chapter 16.52 RCW. proceedings supplemental to execution: Chapter 6.32 RCW. real estate mortgages, foreclosure of: Chapter 61.12 RCW. regional jail camps: RCW 72.64.100. sales under execution and redemption: Chapter 6.21 RCW. search and seizure, cigarette excise tax: RCW 82.24.190. soft tree fruits commission law: RCW 15.28.290. state board of health measures: RCW 43.20.050. support of dependent children: Chapter 74.20 RCW. suretyship: Chapter 19.72 RCW. tax warrants generally: Chapter 82.32 RCW. motor vehicle fuel tax: RCW 82.36.130. taxes, property private car companies on, process serving: RCW 84.16.032. public utilities on, process serving: RCW 84.12.240. traffic control devices, forbidden devices, abatement of: RCW 47.36.180. traffic schools: Chapter 46.83 RCW. unclaimed property in hands of sheriff: Chapter 63.40 RCW. unemployment compensation: RCW 50.12.170, 50.24.110. uniform code of military justice: RCW 38.38.080 through 38.38.092, 38.38.492. Gambling activities, as affecting: Chapter 9.46 RCW. Law enforcement chaplains authorized: Chapter 41.22 RCW. Money in hands of sheriff under attachment may be garnished: RCW 6.27.050. Motor vehicle accidents, reports made to sheriff: Chapter 46.52 RCW. [Title 36 RCW—page 56] Names of amateur radio station vehicle licensees to be furnished to: RCW 46.16.340. Registry of persons allowed property access during forest fires and wildfires, creation of: RCW 47.48.060. Reports of motor vehicle repairs made to: RCW 46.52.090. Sheriff’s deed: RCW 6.21.120. Support of dependent children, sheriff to charge no fees in connection with: RCW 74.20.300. Surety, sheriff ineligible as: RCW 19.72.020. Vehicle of as emergency vehicle: RCW 46.04.040. Vehicle wreckers (licensed) records, sheriff may inspect: RCW 46.80.080. 36.28.010 General duties. The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of his or her office, he or she and his or her deputies: (1) Shall arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses; (2) Shall defend the county against those who, by riot or otherwise, endanger the public peace or safety; (3) Shall execute the process and orders of the courts of justice or judicial officers, when delivered for that purpose, according to law; (4) Shall execute all warrants delivered for that purpose by other public officers, according to the provisions of particular statutes; (5) Shall attend the sessions of the courts of record held within the county, and obey their lawful orders or directions; (6) Shall keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots, unlawful assemblies and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they may call to their aid such persons, or power of their county as they may deem necessary. [2009 c 549 § 4050; 1965 c 92 § 1; 1963 c 4 § 36.28.010. Prior: (i) 1891 c 45 § 1; RRS § 4157. (ii) Code 1881 § 2769; 1863 p 557 § 4; 1854 p 434 § 4; RRS § 4168.] 36.28.010 36.28.011 Duty to make complaint. In addition to the duties contained in RCW 36.28.010, it shall be the duty of all sheriffs to make complaint of all violations of the criminal law, which shall come to their knowledge, within their respective jurisdictions. [1963 c 4 § 36.28.011. Prior: 1955 c 10 § 1. Cf. Code 1881 § 2801, part; 1869 p 264 § 311, part; RRS § 4173, part.] 36.28.011 36.28.020 Powers of deputies, regular and special. Every deputy sheriff shall possess all the power, and may perform any of the duties, prescribed by law to be performed by the sheriff, and shall serve or execute, according to law, all process, writs, precepts, and orders, issued by lawful authority. Persons may also be deputed by the sheriff in writing to do particular acts; including the service of process in civil or criminal cases, and the sheriff shall be responsible on his or her official bond for their default or misconduct. [2009 c 549 § 4051; 1963 c 4 § 36.28.020. Prior: 1961 c 35 § 2; prior: (i) Code 1881 § 2767, part; 1871 p 110 § 1, part; 1863 p 557 § 2, part; 1854 p 434 § 2, part; RRS § 4160, part. (ii) 1886 p 174 36.28.020 (2010 Ed.) County Sheriff § 1; Code 1881 § 2768; 1863 p 557 § 3; 1854 p 434 § 3; RRS § 4167.] 36.28.025 Qualifications. A person who files a declaration of candidacy for the office of sheriff after September 1, 1979, shall have, within twelve months of assuming office, a certificate of completion of a basic law enforcement training program which complies with standards adopted by the criminal justice training commission pursuant to RCW 43.101.080 and *43.101.160. This requirement does not apply to persons holding the office of sheriff in any county on September 1, 1979. [1979 ex.s. c 153 § 6.] 36.28.100 4054; 1963 c 4 § 36.28.050. Prior: 1941 c 237 § 1, part; 1935 c 33 § 1, part; Code 1881 § 2772, part; 1863 p 558 § 7, part; 1854 p 434 § 7, part; Rem. Supp. 1941 § 4172, part.] 36.28.025 *Reviser’s note: RCW 43.101.160 was repealed by 1983 c 197 § 55, effective June 30, 1987. 36.28.030 New or additional bond of sheriff. Whenever the company acting as surety on the official bond of a sheriff is disqualified, insolvent, or the penalty of the bond becomes insufficient on account of recovery had thereon, or otherwise, the sheriff shall submit a new or additional bond for approval to the board of county commissioners, if in session, or, if not in session, for the approval of the chair of such board, and file the same, when approved, in the office of the county clerk of his or her county, and such new or additional bond shall be in a penal sum sufficient in amount to equal the sum specified in the original bond when added to the penalty of any existing bond, so that under one or more bonds there shall always be an enforceable obligation of the surety on the official bond or bonds of the sheriff in a penal sum of not less than the amount of the bond as originally approved. [2009 c 549 § 4052; 1963 c 4 § 36.28.030. Prior: 1943 c 139 § 2; Rem. Supp. 1943 § 4155-1.] 36.28.030 36.28.060 Duplicate receipts—Penalties. (1) The sheriff shall make duplicate receipts for all payments for his or her services specifying the particular items thereof, at the time of payment, whether paid by virtue of the laws of this state or of the United States. Such duplicate receipts shall be numbered consecutively for each month commencing with number one. One of such receipts shall have written or printed upon it the word "original"; and the other shall have written or printed upon it the word "duplicate." (2) At the time of payment of any fees, the sheriff shall deliver to the person making payment, either personally or by mail, the copy of the receipt designated "duplicate." (3) The receipts designated "original" for each month shall be attached to the verified statement of fees for the corresponding month and the sheriff shall file with the county treasurer of his or her county all original receipts for each month with such verified statement. (4) A sheriff shall not receive his or her salary for the preceding month until the provisions of this section have been complied with. (5) Any sheriff violating this section, or failing to perform any of the duties required thereby, is guilty of a misdemeanor and shall be fined in any sum not less than ten dollars nor more than fifty dollars for each offense. [2003 c 53 § 202; 1963 c 4 § 36.28.060. Prior: (i) 1909 c 105 § 1; RRS § 4161. (ii) 1909 c 105 § 2; RRS § 4162.] 36.28.060 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 36.28.090 36.28.040 May demand fees in advance. No sheriff, deputy sheriff, or coroner shall be liable for any damages for neglecting or refusing to serve any civil process unless his or her legal fees are first tendered him or her. [2009 c 549 § 4053; 1963 c 4 § 36.28.040. Prior: 1941 c 237 § 1, part; 1935 c 33 § 1, part; Code 1881 § 2772, part; 1863 p 558 § 7, part; 1854 p 434 § 7, part; Rem. Supp. 1941 § 4172, part.] 36.28.040 36.28.050 May demand indemnifying bond. If any property levied upon by virtue of any writ of attachment or execution or other order issued to the sheriff out of any court in this state is claimed by any person other than the defendant, and such person or his or her agent or attorney makes affidavit of his or her title thereto or his or her right to possession thereof, stating the value thereof and the basis of such right or title, the sheriff may release such levy, unless the plaintiff on demand indemnifies the sheriff against such claim by an undertaking executed by a sufficient surety. No claim to such property by any person other than the defendant shall be valid against the sheriff, unless the supporting affidavit is made. Notwithstanding receipt of a proper claim the sheriff shall retain such property under levy a reasonable time to demand such indemnity. Any sheriff, or other levying officer, may require an indemnifying bond of the plaintiff in all cases where he or she has to take possession of personal property. [2009 c 549 § 36.28.050 (2010 Ed.) 36.28.090 Service of process when sheriff disqualified. When there is no sheriff of a county, or he or she is disqualified from any cause from discharging any particular duty, it shall be lawful for the officer or person commanding or desiring the discharge of that duty to appoint some suitable person, a citizen of the county, to execute the same: PROVIDED, That final process shall in no case be executed by any person other than the legally authorized officer; or in case he or she is disqualified, some suitable person appointed by the court, or judge thereof, out of which the process issues, who shall make such appointment in writing; and before such appointment shall take effect, the person appointed shall give security to the party interested for the faithful performance of his or her duties, which bond of suretyship shall be in writing, approved by the court or judge appointing him or her, and be placed on file with the papers in the case. [2009 c 549 § 4055; 1963 c 4 § 36.28.090. Prior: Code 1881 § 745; 1869 p 172 § 687; RRS § 4170.] 36.28.100 Employment of prisoners. The sheriff or director of public safety shall employ all able bodied persons sentenced to imprisonment in the county jail in such manner and at such places within the county as may be directed by the legislative authority of the county. [1973 1st ex.s. c 154 § 54; 1963 c 4 § 36.28.100. Prior: 1909 c 249 § 27; RRS § 2279.] 36.28.100 Additional notes found at www.leg.wa.gov [Title 36 RCW—page 57] 36.28.110 Title 36 RCW: Counties 36.28.110 Sheriff not to practice law. No sheriff shall appear or practice as attorney in any court, except in their own defense. [1992 c 225 § 2; 1963 c 4 § 36.28.110. Prior: 1891 c 45 § 4, part; Code 1881 § 2770, part; 1863 p 558 § 5, part; 1854 p 434 § 5, part; RRS § 4171, part.] 36.28.110 36.28.120 Duty of retiring sheriffs, constables, and coroners—Successors’ duties. All sheriffs, constables and coroners, upon the completion of their term of office and the qualification of their successors, shall deliver and turn over to their successors all writs and other processes in their possession not wholly executed, and all personal property in their possession or under their control held under such writs or processes, and take receipts therefor in duplicate, one of which shall be filed in the office from which such writ or process issued as a paper in the action, which receipt shall be good and sufficient discharge to such officer of and from further charge of the execution of such writs and processes; and they shall also deliver to their successors all official papers and property in their possession or under their control. The successors shall execute or complete the execution of all such writs and processes, and finish and complete all business turned over to them. [1963 c 4 § 36.28.120. Prior: 1895 c 17 § 1; RRS § 4174.] 36.28.120 ation of elected county officials, upon written approval of a majority of the sheriffs in the state, shall file with the secretary of state a description of a standard uniform which may be withdrawn or modified by re-filing in the same manner as originally filed. A uniform of the description so filed shall thereafter be reserved exclusively for the use of sheriffs and their deputies: PROVIDED, That the filing of a standard uniform description shall not make mandatory the adoption of said uniform by any county sheriff or his or her deputies. [2009 c 549 § 4059; 1963 c 50 § 1.] 36.28.180 Allowance for clothing and other incidentals. A county may from available funds provide for an allowance for clothing and other incidentals necessary to the performance of official duties for the sheriff and his or her deputies. [2009 c 549 § 4060; 1979 c 132 § 1; 1963 c 50 § 2.] 36.28.180 36.28.190 City contracts to obtain sheriff’s office law enforcement services. See RCW 41.14.250 through 41.14.280. 36.28.190 Chapter 36.28A RCW ASSOCIATION OF SHERIFFS AND POLICE CHIEFS Chapter 36.28A Sections 36.28.130 Actions by successors and by officials after expiration of term of office validated. In all cases where any sheriff, constable or coroner has executed any writ or other process delivered to him or her by his or her predecessor, or has completed any business commenced by his or her predecessor under any writ or process, and has completed any other business commenced by his or her predecessor, and in all cases where any sheriff, constable or coroner has executed any writ or other process, or completed any business connected with his or her office after the expiration of his or her term of office, which writ or process he or she had commenced to execute, or which business he or she had commenced to perform, prior to the expiration of his or her term of office, such action shall be valid and effectual for all purposes. [2009 c 549 § 4056; 1963 c 4 § 36.28.130. Prior: 1895 c 17 § 2; RRS § 4175.] 36.28.130 36.28.150 Liability for fault or misconduct. Whenever any sheriff neglects to make due return of any writ or other process delivered to him or her to be executed, or is guilty of any default or misconduct in relation thereto, he or she shall be liable to fine or attachment, or both, at the discretion of the court, subject to appeal, such fine, however, not to exceed two hundred dollars; and also to an action for damages to the party aggrieved. [2009 c 549 § 4057; 1963 c 4 § 36.28.150. Prior: Code 1881 § 2771; 1863 p 558 § 6; 1854 p 434 § 6; RRS § 4169.] 36.28.150 36.28.160 Office at county seat. The sheriff must keep an office at the county seat of the county of which he or she is sheriff. [2009 c 105 § 3; 1963 c 4 § 36.28.160. Prior: 1891 c 45 § 2; RRS § 4158. SLC-RO-14.] 36.28A.010 36.28A.020 36.28A.030 Declarations. Local law and justice plan assistance. Malicious harassment—Information reporting and dissemination. 36.28A.040 Statewide city and county jail booking and reporting system—Standards committee—Statewide automated victim information and notification system—Statewide unified sex offender notification and registration program—Liability immunity. 36.28A.0401 Statewide automated victim information and notification system—Vendor services. 36.28A.0402 Statewide automated victim information and notification system—Department of corrections data. 36.28A.050 Statewide city and county jail booking and reporting system—Grant fund. 36.28A.060 Statewide first responder building mapping information system—Creation—Data must be available to law enforcement, military, and fire safety agencies—Standards—Public disclosure exemption. 36.28A.070 Statewide first responder building mapping information system—Committee established—Development of guidelines. 36.28A.080 Immunity from liability. 36.28A.090 Firearms certificates for qualified retired law enforcement officers. 36.28A.100 Committee to improve administration of missing person information—Protocol endorsement. 36.28A.110 Missing persons information web site creation. 36.28A.120 State patrol involvement with missing persons systems— Local law enforcement procedures for missing persons information. 36.28A.130 Washington auto theft prevention authority—Created. 36.28A.140 Development of model policy to address property access during forest fires and wildfires. 36.28A.200 Gang crime enforcement grant program. 36.28A.210 Graffiti and tagging abatement grant program. 36.28A.220 Grant programs—Effectiveness evaluations. 36.28A.230 Registered sex offender and kidnapping offender address and residency verification grant program. 36.28.160 36.28.170 Standard uniform for sheriffs and deputies. The executive secretary of the Washington state associ36.28.170 [Title 36 RCW—page 58] 36.28A.010 Declarations. The Washington association of sheriffs and police chiefs is hereby declared to be a combination of units of local government: PROVIDED, That such association shall not be considered an "employer" within the meaning of RCW *41.26.030(2) or **41.40.010(4): PROVIDED FURTHER, That no compensation received as an 36.28A.010 (2010 Ed.) Association of Sheriffs and Police Chiefs employee of the association shall be considered salary for purposes of the provisions of any retirement system created pursuant to the general laws of this state: PROVIDED FURTHER, That such association shall not qualify for inclusion under the unallocated two mills of the property tax of any political subdivision: PROVIDED FURTHER, That the association shall not have the authority to assess any excess levy or bond measure. [1975 1st ex.s. c 172 § 1.] Reviser’s note: *(1) RCW 41.26.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2) to subsection (14). **(2) RCW 41.40.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (4) to subsection (13). 36.28A.020 Local law and justice plan assistance. The Washington association of sheriffs and police chiefs may, upon request of a county’s legislative authority, assist the county in developing and implementing its local law and justice plan. In doing so, the association shall consult with the office of financial management and the department of corrections. [1991 c 363 § 56.] 36.28A.020 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 36.28A.030 Malicious harassment—Information reporting and dissemination. (1) The Washington association of sheriffs and police chiefs shall establish and maintain a central repository for the collection and classification of information regarding violations of RCW 9A.36.080. Upon establishing such a repository, the association shall develop a procedure to monitor, record, and classify information relating to violations of RCW 9A.36.080 and any other crimes of bigotry or bias apparently directed against other persons because the people committing the crimes perceived that their victims were of a particular race, color, religion, ancestry, national origin, gender, sexual orientation, or had a mental, physical, or sensory handicap. (2) All local law enforcement agencies shall report monthly to the association concerning all violations of RCW 9A.36.080 and any other crimes of bigotry or bias in such form and in such manner as prescribed by rules adopted by the association. Agency participation in the association’s reporting programs, with regard to the specific data requirements associated with violations of RCW 9A.36.080 and any other crimes of bigotry or bias, shall be deemed to meet agency reporting requirements. The association must summarize the information received and file an annual report with the governor and the senate law and justice committee and the house of representatives judiciary committee. (3) The association shall disseminate the information according to the provisions of chapters 10.97 and 10.98 RCW, and all other confidentiality requirements imposed by federal or Washington law. [1993 c 127 § 4.] 36.28A.030 Additional notes found at www.leg.wa.gov 36.28A.040 Statewide city and county jail booking and reporting system—Standards committee—Statewide automated victim information and notification system— Statewide unified sex offender notification and registration program—Liability immunity. (1) No later than July 1, 2002, the Washington association of sheriffs and police chiefs shall implement and operate an electronic statewide 36.28A.040 (2010 Ed.) 36.28A.040 city and county jail booking and reporting system. The system shall serve as a central repository and instant information source for offender information and jail statistical data. The system may be placed on the Washington state justice information network and be capable of communicating electronically with every Washington state city and county jail and with all other Washington state criminal justice agencies as defined in RCW 10.97.030. (2) After the Washington association of sheriffs and police chiefs has implemented an electronic jail booking system as described in subsection (1) of this section, if a city or county jail or law enforcement agency receives state or federal funding to cover the entire cost of implementing or reconfiguring an electronic jail booking system, the city or county jail or law enforcement agency shall implement or reconfigure an electronic jail booking system that is in compliance with the jail booking system standards developed pursuant to subsection (4) of this section. (3) After the Washington association of sheriffs and police chiefs has implemented an electronic jail booking system as described in subsection (1) of this section, city or county jails, or law enforcement agencies that operate electronic jail booking systems, but choose not to accept state or federal money to implement or reconfigure electronic jail booking systems, shall electronically forward jail booking information to the Washington association of sheriffs and police chiefs. At a minimum the information forwarded shall include the name of the offender, vital statistics, the date the offender was arrested, the offenses arrested for, the date and time an offender is released or transferred from a city or county jail, and if available, the mug shot. The electronic format in which the information is sent shall be at the discretion of the city or county jail, or law enforcement agency forwarding the information. City and county jails or law enforcement agencies that forward jail booking information under this subsection are not required to comply with the standards developed under subsection (4)(b) of this section. (4) The Washington association of sheriffs and police chiefs shall appoint, convene, and manage a statewide jail booking and reporting system standards committee. The committee shall include representatives from the Washington association of sheriffs and police chiefs correction committee, the information service board’s justice information committee, the judicial information system, at least two individuals who serve as jailers in a city or county jail, and other individuals that the Washington association of sheriffs and police chiefs places on the committee. The committee shall have the authority to: (a) Develop and amend as needed standards for the statewide jail booking and reporting system and for the information that must be contained within the system. At a minimum, the system shall contain: (i) The offenses the individual has been charged with; (ii) Descriptive and personal information about each offender booked into a city or county jail. At a minimum, this information shall contain the offender’s name, vital statistics, address, and mugshot; (iii) Information about the offender while in jail, which could be used to protect criminal justice officials that have future contact with the offender, such as medical conditions, acts of violence, and other behavior problems; [Title 36 RCW—page 59] 36.28A.040 Title 36 RCW: Counties (iv) Statistical data indicating the current capacity of each jail and the quantity and category of offenses charged; (v) The ability to communicate directly and immediately with the city and county jails and other criminal justice entities; and (vi) The date and time that an offender was released or transferred from a local jail; (b) Develop and amend as needed operational standards for city and county jail booking systems, which at a minimum shall include the type of information collected and transmitted, and the technical requirements needed for the city and county jail booking system to communicate with the statewide jail booking and reporting system; (c) Develop and amend as needed standards for allocating grants to city and county jails or law enforcement agencies that will be implementing or reconfiguring electronic jail booking systems. (5)(a) A statewide automated victim information and notification system shall be added to the city and county jail booking and reporting system. The system shall: (i) Automatically notify a registered victim via the victim’s choice of telephone, letter, or e-mail when any of the following events affect an offender housed in any Washington state city or county jail or department of corrections facility: (A) Is transferred or assigned to another facility; (B) Is transferred to the custody of another agency outside the state; (C) Is given a different security classification; (D) Is released on temporary leave or otherwise; (E) Is discharged; (F) Has escaped; or (G) Has been served with a protective order that was requested by the victim; (ii) Automatically notify a registered victim via the victim’s choice of telephone, letter, or e-mail when an offender has: (A) An upcoming court event where the victim is entitled to be present, if the court information is made available to the statewide automated victim information and notification system administrator at the Washington association of sheriffs and police chiefs; (B) An upcoming parole, pardon, or community supervision hearing; or (C) A change in the offender’s parole, probation, or community supervision status including: (I) A change in the offender’s supervision status; or (II) A change in the offender’s address; (iii) Automatically notify a registered victim via the victim’s choice of telephone, letter, or e-mail when a sex offender has: (A) Updated his or her profile information with the state sex offender registry; or (B) Become noncompliant with the state sex offender registry; (iv) Permit a registered victim to receive the most recent status report for an offender in any Washington state city and county jail, department of corrections, or sex offender registry by calling the statewide automated victim information and notification system on a toll-free telephone number or by accessing the statewide automated victim information and [Title 36 RCW—page 60] notification system via a public web site. All registered victims calling the statewide automated victim information and notification system will be given the option to have live operator assistance to help use the program on a twenty-four hour, three hundred sixty-five day per year basis; (v) Permit a crime victim to register, or registered victim to update, the victim’s registration information for the statewide automated victim information and notification system by calling a toll-free telephone number or by accessing a public web site; and (vi) Ensure that the offender information contained within the statewide automated victim information and notification system is updated frequently to timely notify a crime victim that an offender has been released or discharged or has escaped. However, the failure of the statewide automated victim information and notification system to provide notice to the victim does not establish a separate cause of action by the victim against state officials, local officials, law enforcement officers, or any related correctional authorities. (b) Participation in the statewide automated victim information and notification program satisfies any obligation to notify the crime victim of an offender’s custody status and the status of the offender’s upcoming court events so long as: (i) Information making offender and case data available is provided on a timely basis to the statewide automated victim information and notification program; and (ii) Information a victim submits to register and participate in the victim notification system is only used for the sole purpose of victim notification. (c) Automated victim information and notification systems in existence and operational as of July 22, 2007, shall not be required to participate in the statewide system. (6) When funded, the Washington association of sheriffs and police chiefs shall implement and operate an electronic statewide unified sex offender notification and registration program. Information submitted to the program by a person for the purpose of receiving notification regarding a registered sex offender, including the person’s name, residential address, and e-mail address, are exempt from public inspection and copying under chapter 42.56 RCW. (7) An appointed or elected official, public employee, or public agency as defined in RCW 4.24.470, or combination of units of government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for any release of information or the failure to release information related to the statewide automated victim information and notification system, the electronic statewide unified sex offender notification and registration program, and the jail booking and reporting system as described in this section, so long as the release was without gross negligence. The immunity provided under this subsection applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public. [2010 c 266 § 1; 2009 c 31 § 1; 2007 c 204 § 1; 2001 c 169 § 3; 2000 c 3 § 1.] Contingent expiration date—2000 c 3: "If the Washington association of sheriffs and police chiefs does not receive federal funding for purposes of this act by December 31, 2000, this act is null and void." [2000 c 3 § 4.] According to the Washington association of sheriffs and police chiefs, federal funding for the purposes of chapter 3, Laws of 2000, was received by December 31, 2000. (2010 Ed.) Association of Sheriffs and Police Chiefs 36.28A.0401 Statewide automated victim information and notification system—Vendor services. In Washington any vendor contracted to provide a statewide automated victim notification service must deliver the service with a minimum of 99.95-percent availability and with less than an average of one-percent notification errors as a result of the vendor’s technology. [2007 c 204 § 2.] 36.28A.0401 36.28A.0402 Statewide automated victim information and notification system—Department of corrections data. The department of corrections is not required to provide any data to the Washington association of sheriffs and police chiefs for the statewide automated victim information and notification system as stated in RCW 36.28A.040, until January 1, 2010. [2007 c 204 § 3.] 36.28A.0402 36.28A.050 Statewide city and county jail booking and reporting system—Grant fund. (1) The Washington association of sheriffs and police chiefs shall establish and manage a local jail booking system grant fund. All federal or state money collected to offset the costs associated with RCW 36.28A.040(2) shall be processed through the grant fund established by this section. The statewide jail booking and reporting system standards committee established under RCW 36.28A.040(4) shall distribute the grants in accordance with any standards it develops. (2) The Washington association of sheriffs and police chiefs shall pursue federal funding to be placed into the local jail booking system grant fund. [2000 c 3 § 2.] 36.28A.050 Contingent expiration date—2000 c 3: See note following RCW 36.28A.040. 36.28A.060 Statewide first responder building mapping information system—Creation—Data must be available to law enforcement, military, and fire safety agencies—Standards—Public disclosure exemption. (1) When funded, the Washington association of sheriffs and police chiefs shall create and operate a statewide first responder building mapping information system. (2) All state agencies and local governments must utilize building mapping software that complies with the building mapping software standards established under RCW 36.28A.070 for any building mapped for this purpose after the statewide first responder building mapping information system is operational. If, prior to creation of the statewide building mapping information system, a local government has utilized building mapping software standards established under RCW 36.28A.070, the local government may continue to use its own building mapping system unless the Washington association of sheriffs and police chiefs provides funding to bring the local government’s system in compliance with the standards established under RCW 36.28A.070. (3) All state and local government-owned buildings that are occupied by state or local government employees must be mapped when funding is provided by the Washington association of sheriffs and police chiefs, or from other sources. Nothing in chapter 102, Laws of 2003 requires any state agency or local government to map a building unless the entire cost of mapping the building is provided by the Washington association of sheriffs and police chiefs, or from other sources. 36.28A.060 (2010 Ed.) 36.28A.070 (4) Once the statewide first responder building mapping information system is operational, all state and local government buildings that are mapped must forward their building mapping information data to the Washington association of sheriffs and police chiefs. All participating privately, federally, and tribally owned buildings may voluntarily forward their mapping and emergency information data to the Washington association of sheriffs and police chiefs. The Washington association of sheriffs and police chiefs may refuse any building mapping information that does not comply with the specifications described in RCW 36.28A.070. (5) Consistent with the guidelines developed under RCW 36.28A.070, the Washington association of sheriffs and police chiefs shall electronically make the building mapping information available to all state, local, federal, and tribal law enforcement agencies, the military department of Washington state, and fire departments. (6) Consistent with the guidelines developed under RCW 36.28A.070, the Washington association of sheriffs and police chiefs shall develop building mapping software standards that must be used to participate in the statewide first responder building mapping information system. (7) The Washington association of sheriffs and police chiefs shall pursue federal funds to: (a) Create the statewide first responder building mapping information system; and (b) Develop grants for the mapping of all state and local government buildings in the order determined under RCW 36.28A.070. (8) All tactical and intelligence information provided to the Washington association of sheriffs and police chiefs under chapter 102, Laws of 2003 is exempt from public disclosure as provided in RCW 42.56.240. [2005 c 274 § 269; 2003 c 102 § 2.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Intent—2003 c 102: "The legislature recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and firefighters to evacuate and secure a building. In an effort to prepare for responding to unintended disasters, criminal acts, and acts of terrorism, the legislature intends to create a statewide first responder building mapping information system that will provide all first responders with the information they need to be successful when disaster strikes. The first responder building mapping system in this act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and used for any other local government purposes." [2003 c 102 § 1.] 36.28A.070 Statewide first responder building mapping information system—Committee established— Development of guidelines. (1) The Washington association of sheriffs and police chiefs in consultation with the Washington state emergency management office, the Washington association of county officials, the Washington association of cities, the information services board, the Washington state fire chiefs’ association, and the Washington state patrol shall convene a committee to establish guidelines related to the statewide first responder building mapping information system. The committee shall have the following responsibilities: (a) Develop the type of information to be included in the statewide first responder building mapping information system. The information shall include, but is not limited to: 36.28A.070 [Title 36 RCW—page 61] 36.28A.080 Title 36 RCW: Counties Floor plans, fire protection information, evacuation plans, utility information, known hazards, and text and digital images showing emergency personnel contact information; (b) Develop building mapping software standards that must be utilized by all entities participating in the statewide first responder building mapping information system; (c) Determine the order in which buildings shall be mapped when funding is received; (d) Develop guidelines on how the information shall be made available. These guidelines shall include detailed procedures and security systems to ensure that the information is only made available to the government entity that either owns the building or is responding to an incident at the building; (e) Recommend training guidelines regarding using the statewide first responder building mapping information system to the criminal justice training commission and the Washington state patrol fire protection bureau. (2)(a) Nothing in this section supersedes the authority of the information services board under chapter 43.105 RCW. (b) Nothing in this section supersedes the authority of state agencies and local governments to control and maintain access to information within their independent systems. [2003 c 102 § 3.] Intent—2003 c 102: See note following RCW 36.28A.060. 36.28A.080 Immunity from liability. Units of local government and their employees, as provided in RCW 36.28A.010, are immune from civil liability for damages arising out of the creation and use of the statewide first responder building mapping information system, unless it is shown that an employee acted with gross negligence or bad faith. [2003 c 102 § 4.] 36.28A.080 Intent—2003 c 102: See note following RCW 36.28A.060. 36.28A.090 Firearms certificates for qualified retired law enforcement officers. (1) The purpose of this section is to establish a process for issuing firearms certificates to residents of Washington who are otherwise qualified retired law enforcement officers under the federal law enforcement officers safety act of 2004 (118 Stat. 865; 18 U.S.C. Sec. 926B and 926C) for the purpose of satisfying the certification requirements contained in that act. (2) A retired law enforcement officer satisfies the federal certification requirements if he or she possesses a valid firearms qualification certificate that: (a) Uses the model certificate created under subsection (4) of this section; (b) Provides that either a law enforcement agency or an individual or entity certified to provide firearms training acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state; and (c) Complies with the time restrictions provided under subsection (3) of this section. (3) The firearms certificate is valid for a period of one year from the date that the law enforcement agency or individual or entity certified to provide firearms training determines that the bearer has been found qualified or otherwise found to meet the standards established by the criminal jus36.28A.090 [Title 36 RCW—page 62] tice training commission for firearms qualification for the basic law enforcement training academy in the state, and the certificate shall state the date the determination was made. (4) The Washington association of sheriffs and police chiefs shall develop a model certificate that shall serve as the required firearms qualification certificate once the certificate is valid pursuant to subsection (2) of this section. The association shall make the model certificate accessible on its web site. The model certificate shall state that the retired law enforcement officer bearing the certificate has been qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state. (5) The retired law enforcement officer is responsible for paying the costs of the firearms qualification required under subsection (2) of this section. (6) Nothing in this section shall be deemed to require a local law enforcement agency to complete the certificate. [2010 c 264 § 1; 2006 c 40 § 1.] 36.28A.100 Committee to improve administration of missing person information—Protocol endorsement. The Washington association of county officials, in consultation with the Washington association of sheriffs and police chiefs, the Washington association of coroners and medical examiners, the forensic investigations council, the Washington state patrol, and other interested agencies and individuals, shall convene a committee to coordinate the use of the latest technology and available science to improve reporting of missing persons, to improve the communication within the state and with national databases, to enhance the dissemination of information to other agencies and the public, and to improve reporting for missing persons and the collection and preservation of evidence. Protocols for the investigation of reported missing persons, identification of human remains, and recommended protocols for the reporting and identification of persons missing as the result of major events not limited to tsunami, earthquake, or acts of terrorism shall be endorsed by the groups named in this section who shall then seek the voluntary adoption of the same by all local law enforcement agencies, coroners, medical examiners, and others charged with locating missing persons or identifying human remains. [2006 c 102 § 2.] 36.28A.100 Finding—Intent—2006 c 102: "The legislature finds that there were over forty-six thousand reports of persons missing nationwide and over five hundred missing persons in the state of Washington. Major catastrophic events in other parts of the United States this year have also emphasized that identifying victims in mass disasters is often impossible, due to the deficiency in planning by communities and governments. It is the intent of this act to build upon the research and findings of the Washington state missing persons task force, assembled by the state attorney general in 2003, the United States department of justice, and others to aid in recovery of missing persons and the identification of human remains." [2006 c 102 § 1.] 36.28A.110 Missing persons information web site creation. The Washington association of sheriffs and police chiefs shall create and maintain a statewide web site, which shall be available to the public. The web site shall post relevant information concerning persons reported missing in the state of Washington. For missing persons, the web site shall 36.28A.110 (2010 Ed.) Association of Sheriffs and Police Chiefs contain, but is not limited to: The person’s name, physical description, photograph, and other information that is deemed necessary according to the adopted protocols. This web site shall allow citizens to more broadly disseminate information regarding missing persons for at least thirty days. [2007 c 10 § 3; 2006 c 102 § 4.] Intent—2007 c 10: See note following RCW 43.103.110. Finding—Intent—2006 c 102: See note following RCW 36.28A.100. 36.28A.120 State patrol involvement with missing persons systems—Local law enforcement procedures for missing persons information. The Washington state patrol shall establish an interface with local law enforcement and the Washington association of sheriffs and police chiefs missing persons web site, the toll-free twenty-four hour hotline, and national and other statewide missing persons systems or clearinghouses. Local law enforcement agencies shall file an official missing persons report and enter biographical information into the state missing persons computerized network without delay after notification of a missing person’s report is received under this chapter. [2007 c 10 § 4; 2006 c 102 § 5.] 36.28A.120 Intent—2007 c 10: See note following RCW 43.103.110. Finding—Intent—2006 c 102: See note following RCW 36.28A.100. 36.28A.130 Washington auto theft prevention authority—Created. There is hereby created in the Washington association of sheriffs and police chiefs the Washington auto theft prevention authority which shall be under the direction of the executive director of the Washington association of sheriffs and police chiefs. [2007 c 199 § 19.] 36.28A.130 Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065. 36.28A.140 Development of model policy to address property access during forest fires and wildfires. (1) The Washington association of sheriffs and police chiefs shall convene a model policy work group to develop a model policy for sheriffs regarding residents, landowners, and others in lawful possession and control of land in the state during a forest fire or wildfire. The model policy must be designed in a way that, first and foremost, protects life and safety during a forest fire or wildfire. The model policy must include guidance on allowing access, when safe and appropriate, to residents, landowners, and others in lawful possession and control of land in the state during a wildfire or forest fire. The model policy must specifically address procedures to allow, when safe and appropriate, residents, landowners, and others in lawful possession and control of land in the state access to their residences and land to: (a) Conduct fire prevention or suppression activities; (b) Protect or retrieve any property located in their residences or on their land, including equipment, livestock, or any other belongings; or (c) Undertake activities under both (a) and (b) of this subsection. (2) In developing the policy under subsection (1) of this section, the association shall consult with appropriate stakeholders and government agencies. [2007 c 252 § 1.] 36.28A.140 (2010 Ed.) 36.28A.220 36.28A.200 Gang crime enforcement grant program. (1) When funded, the Washington association of sheriffs and police chiefs shall establish a grant program to assist local law enforcement agencies in the support of special enforcement emphasis targeting gang crime. Grant applications shall be reviewed and awarded through peer review panels. Grant applicants are encouraged to utilize multijurisdictional efforts. (2) Each grant applicant shall: (a) Show a significant gang problem in the jurisdiction or jurisdictions receiving the grant; (b) Verify that grant awards are sufficient to cover increased investigation, prosecution, and jail costs; (c) Design an enforcement program that best suits the specific gang problem in the jurisdiction or jurisdictions receiving the grant; (d) Demonstrate community coordination focusing on prevention, intervention, and suppression; and (e) Collect data on performance pursuant to RCW 36.28A.220. (3) The cost of administering the grants shall not exceed sixty thousand dollars, or four percent of appropriated funding, whichever is greater. [2008 c 276 § 101.] 36.28A.200 Severability—2008 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2008 c 276 § 701.] Part headings, subheadings not law—2008 c 276: "Part headings and subheadings used in this act are not any part of the law." [2008 c 276 § 702.] 36.28A.210 Graffiti and tagging abatement grant program. (1) When funded, the Washington association of sheriffs and police chiefs shall establish a grant program to assist local law enforcement agencies in the support of graffiti and tagging abatement programs located in local communities. Grant applicants are encouraged to utilize multijurisdictional efforts. (2) Each graffiti or tagging abatement grant applicant shall: (a) Demonstrate that a significant gang problem exists in the jurisdiction or jurisdictions receiving the grant; (b) Show how the funds will be used to dispose or eliminate any current or ongoing tagging or graffiti within a specified time period; (c) Specify how the funds will be used to reduce gangrelated graffiti or tagging within its community; (d) Show how the local citizens and business owners of the community will benefit from the proposed graffiti or tagging abatement process being presented in the grant application; and (e) Collect data on performance pursuant to RCW 36.28A.220. (3) The cost of administering the grants shall not exceed twenty-five thousand dollars, or four percent of funding, whichever is greater. [2008 c 276 § 102.] 36.28A.210 Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200. 36.28A.220 Grant programs—Effectiveness evaluations. For the grant programs created in RCW 36.28A.200 and 36.28A.210 and within the funds provided for these pro36.28A.220 [Title 36 RCW—page 63] 36.28A.230 Title 36 RCW: Counties grams, the Washington association of sheriffs and police chiefs shall, upon consultation with the Washington state institute for public policy, identify performance measures, periodic reporting requirements, data needs, and a framework for evaluating the effectiveness of grant programs in graffiti and tagging abatement and reducing gang crime. [2008 c 276 § 103.] Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200. 36.28A.230 Registered sex offender and kidnapping offender address and residency verification grant program. (1) When funded, the Washington association of sheriffs and police chiefs shall administer a grant program to local governments for the purpose of verifying the address and residency of sex offenders and kidnapping offenders registered under RCW 9A.44.130 who reside within the county sheriff’s jurisdiction. The Washington association of sheriffs and police chiefs shall: (a) Enter into performance-based agreements with local governments to ensure that registered offender address and residency are verified: (i) For level I offenders, every twelve months; (ii) For level II offenders, every six months; and (iii) For level III offenders, every three months; (b) Collect performance data from all participating jurisdictions sufficient to evaluate the efficiency and effectiveness of the address and residency verification program; and (c) Submit a report on the effectiveness of the address and residency verification program to the governor and the appropriate committees of the house of representatives and senate by December 31st each year. (2) The Washington association of sheriffs and police chiefs may retain up to three percent of the amounts provided pursuant to this section for the cost of administration. Any funds not disbursed for address and residency verification or retained for administration may be allocated to local prosecutors for the prosecution costs associated with failing to register offenses. (3) For the purposes of this section, unclassified offenders and kidnapping offenders shall be considered at risk level I unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. (4) County sheriffs and police chiefs or town marshals may enter into agreements for the purposes of delegating the authority and obligation to fulfill the requirements of this section. [2010 c 265 § 3.] 36.29.110 36.29.120 36.29.130 36.29.160 36.29.170 36.29.180 36.29.190 36.29.200 City taxes. Ex officio collector of other city taxes. Duty to collect taxes. Segregation and collection of specified assessments and charges made by public utility districts, water-sewer districts, or the county—Fee. Office at county seat. Fees for handling, collecting, dispersing, and accounting for special assessments, fees, rates, or charges. Acceptance of payment by credit cards, charge cards, and other electronic communications authorized—Costs borne by payer—Exception. Collection of sales and use taxes for zoo and aquarium advisory authority. 36.28A.230 Chapter 36.29 Chapter 36.29 RCW COUNTY TREASURER Sections 36.29.010 36.29.020 36.29.022 36.29.024 36.29.025 36.29.040 36.29.050 36.29.060 36.29.090 36.29.100 General duties. Custodian of moneys—Investment of funds not required for immediate expenditures—Service fee. Combining of moneys for investment. Investment expenses. Official seal. Interest on unpaid warrants. Interest to be entered on warrant register. Warrant calls—Penalty for failure to call. Suspension of treasurer. Ex officio collector of first-class city taxes. [Title 36 RCW—page 64] Deeds issued by, limitation on actions against: RCW 4.16.090. Department of revenue to advise: RCW 84.08.020. Deposit of public funds with: State Constitution Art. 11 § 15. Duties relating to assessment and charges against state lands (local purposes): Chapter 79.44 RCW. bailiff’s salary: RCW 2.32.370. bonds, form, sale, etc.: RCW 39.44.130. cemetery districts: Chapter 68.52 RCW. cities and towns agreements with county for planning, construction, etc., of streets: RCW 35.77.030. annexation of unincorporated areas: Chapter 35.13 RCW. disincorporation of: Chapter 35.07 RCW. incorporation of: Chapter 35.02 RCW. unfit buildings, structures, or premises, proceedings to abate: RCW 35.80.030. community college fees: Chapter 28B.15 RCW. county and city tuberculosis hospital: Chapter 70.30 RCW. county law library fund: RCW 27.24.070. county road fund illegal use of: RCW 47.08.100. penalty: RCW 47.08.110. county superintendent of schools of joint county district, funds for: Chapter 28A.310 RCW. court reporter compensation, traveling expenses: RCW 2.32.210. damage done by dogs: Chapter 16.08 RCW. dances, licensing of: Chapter 67.12 RCW. diking and drainage, intercounty districts: Chapter 85.24 RCW. diking districts: Chapter 85.05 RCW. reorganization of (1917 act): Chapter 85.20 RCW. diking, drainage or sewerage improvement districts: Chapter 85.08 RCW. federal aid to: Chapter 85.12 RCW. maintenance costs and levies: Chapter 85.16 RCW. diking, drainage district benefits to roads, how paid: RCW 85.07.040, 85.07.050. disinfection of horticultural premises: Chapter 15.08 RCW. district court income: Chapter 3.62 RCW. district courts and other courts of limited jurisdiction: Chapters 3.30, 3.34, 3.38, 3.42, 3.46, 3.50, 3.54, 3.58, 3.62, 3.66, 3.70, 3.74 RCW. dogs: Chapter 16.08 RCW. drainage districts: Chapter 85.06 RCW. revenue act: Chapter 85.32 RCW. fire protection district: Chapter 52.16 RCW. local improvement districts: Chapter 52.20 RCW. flood control by counties jointly: Chapter 86.13 RCW. flood control districts (1937 act): Chapter 86.09 RCW. flood control zone districts: Chapter 86.15 RCW. forest insect and disease control: Chapter 76.06 RCW. forest rehabilitation: Chapter 76.14 RCW. funding indebtedness of counties: Chapter 39.52 RCW. health districts: Chapter 70.46 RCW. hospital districts: Chapter 70.44 RCW. industrial development districts: Chapter 53.25 RCW. intercounty rural library district: Chapter 27.12 RCW. intercounty weed districts: Chapter 17.06 RCW. irrigation districts dissolution of insolvent districts: Chapter 87.56 RCW. generally: Chapter 87.03 RCW. joint control of: Chapter 87.80 RCW. refunding bonds (1923 act): Chapter 87.19 RCW. refunding bonds (1929 act): Chapter 87.22 RCW. (2010 Ed.) County Treasurer revenue bonds on domestic water or power service: Chapter 87.28 RCW. under contract with United States: Chapter 87.68 RCW. island counties, refund of vehicle license and fuel tax fees: RCW 46.68.080. lien for transportation, storage, advancements, etc.: Chapter 60.60 RCW. lien foreclosure: Chapter 84.64 RCW. liquor, billiard tables, bowling alleys, licensing of use, sale of: Chapter 67.14 RCW. metropolitan municipal corporations: Chapter 35.58 RCW. local improvement districts: RCW 35.58.500. metropolitan park district bonds: Chapter 35.61 RCW. mobile home or park model trailer movement permits and decals: RCW 46.44.170, 46.44.173. mosquito control districts: Chapter 17.28 RCW. municipal courts: Chapter 35.20 RCW. pest districts: Chapter 17.12 RCW. port districts acquisition of property by: Chapter 53.08 RCW. dissolution of: Chapter 53.48 RCW. finances of: Chapter 53.36 RCW. local improvement districts: RCW 53.08.050. public health pooling fund: RCW 70.12.030 through 70.12.070. public lands, sales and lease of, treasurer to perform auditors duties in certain counties: RCW 79.02.090. public utility districts local improvement assessment delinquency: Chapter 54.24 RCW. privilege tax, distribution of: Chapter 54.28 RCW. public waterway district: Chapter 91.08 RCW. public works, treasurer to require statement of hourly wage paid: RCW 39.12.040. reclamation districts of one million acres: Chapter 89.30 RCW. recording of town plats, generally: Chapter 58.08 RCW. reforestation: Chapter 79.22 RCW and RCW 79.64.100. regional libraries: RCW 27.12.080. registration of land titles: Chapter 65.12 RCW. river and harbor improvement districts: Chapter 88.32 RCW. rural county library district: Chapter 27.12 RCW. school districts bonds: Chapter 28A.530 RCW. funds, investment by: RCW 28A.320.320. organization: Chapter 28A.315 RCW. first class, signing of warrants by: RCW 28A.330.080. validation of indebtedness: Chapter 28A.535 RCW. school funds: Chapter 28A.545 RCW. stock restricted areas: Chapter 16.24 RCW. tax liens, foreclosure of when city or town L.I.D. assessments on: RCW 35.49.130 through 35.49.160. taxes excise tax on real estate sales: Chapter 82.45 RCW. transportation vehicle fund: RCW 28A.160.130. property collection of: Chapter 84.56 RCW. lien foreclosure: Chapter 84.64 RCW. lien of: Chapter 84.60 RCW. listing of: Chapter 84.40 RCW. recovery: Chapter 84.68 RCW. teachers’ certification fees: RCW 28A.410.060. townsites on United States lands, acquisition of land by inhabitants: Chapter 58.28 RCW. traffic schools: Chapter 46.83 RCW. trespass by animals, sale of for damages: Chapter 16.04 RCW. water-sewer districts generally: Title 57 RCW. local improvement districts: Chapter 57.16 RCW. local improvement guaranty fund: RCW 57.20.030. maintenance fund, special funds: RCW 57.20.140. weed districts: Chapter 17.04 RCW. Flood control districts (1937 act), treasurer as ex officio district treasurer: RCW 86.09.313. Intercounty weed district, treasurer as ex officio treasurer of: RCW 17.06.060. Irrigation districts generally, treasurer as ex officio treasurer: RCW 87.03.440. refunding bonds (1929 act), payable at office of: RCW 87.22.165. (2010 Ed.) 36.29.010 Misappropriation by: RCW 42.20.090. Public depositaries—Deposit and investment of public funds: Chapter 39.58 RCW. Public utility districts, treasurer as ex officio treasurer of: RCW 54.24.010. Reclamation districts of one million acres treasurer as ex officio treasurer: RCW 89.30.310. treasurer may act as district secretary: RCW 89.30.625. treasurer’s liability: RCW 89.30.313. Recording of town plats, proceedings for violations brought in name of treasurer: RCW 58.08.035. School districts, treasurer as ex officio treasurer of: RCW 28A.510.270. Taxes, property, penalty for nonperformance of duty: RCW 84.09.040. Taxes and assessments, prepayment and deposit of: RCW 36.32.120. Unclaimed money and property in hands of public authority, disposition: RCW 63.29.130. Vehicle licensing handling fee to go to: RCW 46.01.140. Violations bureau moneys remitted to: RCW 3.30.090. Water-sewer districts, bonds, payment of interest: RCW 57.20.130. Weed district, treasurer as ex officio treasurer of: RCW 17.04.250. 36.29.010 General duties. The county treasurer: (1) Shall receive all money due the county and disburse it on warrants issued and attested by the county auditor and electronic funds transfer under RCW 39.58.750 as attested by the county auditor; (2) Shall issue a receipt in duplicate for all money received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt and the duplicate shall be retained by the treasurer; (3) Shall affix on the face of all paid warrants the date of redemption or, in the case of proper contract between the treasurer and a qualified public depositary, the treasurer may consider the date affixed by the financial institution as the date of redemption; (4) Shall endorse, before the date of issue by the county or by any taxing district for whom the county treasurer acts as treasurer, on the face of all warrants for which there are not sufficient funds for payment, "interest bearing warrant." When there are funds to redeem outstanding warrants, the county treasurer shall give notice: (a) By publication in a legal newspaper published or circulated in the county; or (b) By posting at three public places in the county if there is no such newspaper; or (c) By notification to the financial institution holding the warrant; (5) Shall pay interest on all interest-bearing warrants from the date of issue to the date of notification; (6) Shall maintain financial records reflecting receipts and disbursement by fund in accordance with generally accepted accounting principles; (7) Shall account for and pay all bonded indebtedness for the county and all special districts for which the county treasurer acts as treasurer; (8) Shall invest all funds of the county or any special district in the treasurer’s custody, not needed for immediate expenditure, in a manner consistent with appropriate statutes. If cash is needed to redeem warrants issued from any fund in the custody of the treasurer, the treasurer shall liquidate investments in an amount sufficient to cover such warrant redemptions; and 36.29.010 [Title 36 RCW—page 65] 36.29.020 Title 36 RCW: Counties (9) May provide certain collection services for county departments. The treasurer, at the expiration of the term of office, shall make a complete settlement with the county legislative authority, and shall deliver to the successor all public money, books, and papers in the treasurer’s possession. Money received by all entities for whom the county treasurer serves as treasurer must be deposited within twentyfour hours in an account designated by the county treasurer unless a waiver is granted by the county treasurer in accordance with RCW 43.09.240. [2005 c 502 § 2; 2002 c 168 § 4; 2001 c 299 § 4; 1998 c 106 § 3; 1995 c 38 § 4; 1994 c 301 § 7; 1991 c 245 § 4; 1963 c 4 § 36.29.010. Prior: (i) 1893 c 104 § 1; Code 1881 § 2740; 1863 p 553 § 3; 1854 p 427 § 3; RRS § 4109. (ii) Code 1881 § 2742; 1863 p 553 § 5; 1854 p 427 § 5; RRS § 4110. (iii) Code 1881 § 2743; 1863 p 553 § 6; 1854 p 427 § 6; RRS § 4111. (iv) 1895 c 73 § 4; Code 1881 § 2744; 1863 p 553 § 7; 1854 p 427 § 7; RRS § 4113. (v) Code 1881 § 2745; 1863 p 553 § 8; RRS § 4114. (vi) 1893 c 104 § 3; Code 1881 § 2748; 1863 p 554 § 11; 1854 p 428 § 11; RRS § 4120. (vii) Code 1881 § 2750; 1863 p 554 § 13; 1854 p 428 § 13; RRS § 4121. (viii) 1895 c 73 § 3; RRS § 4122.] Effective date—2005 c 502: See note following RCW 1.12.070. Additional notes found at www.leg.wa.gov 36.29.020 Custodian of moneys—Investment of funds not required for immediate expenditures—Service fee. The county treasurer shall keep all moneys belonging to the state, or to any county, in his or her own possession until disbursed according to law. The county treasurer shall not place the same in the possession of any person to be used for any purpose; nor shall he or she loan or in any manner use or permit any person to use the same; but it shall be lawful for a county treasurer to deposit any such moneys in any regularly designated qualified public depositary. Any municipal corporation may by action of its governing body authorize any of its funds which are not required for immediate expenditure, and which are in the custody of the county treasurer or other municipal corporation treasurer, to be invested by such treasurer. The county treasurer may invest in savings or time accounts in designated qualified public depositaries or in certificates, notes, or bonds of the United States, or other obligations of the United States or its agencies, or of any corporation wholly owned by the government of the United States; in bankers’ acceptances purchased on the secondary market, in federal home loan bank notes and bonds, federal land bank bonds and federal national mortgage association notes, debentures and guaranteed certificates of participation, or the obligations of any other government sponsored corporation whose obligations are or may become eligible as collateral for advances to member banks as determined by the board of governors of the federal reserve system or deposit such funds or any portion thereof in investment deposits as defined in RCW 39.58.010 secured by collateral in accordance with the provisions of chapters 39.58 and 39.59 RCW: PROVIDED, Five percent of the earnings, with an annual maximum of fifty dollars, on each transaction authorized by the governing body shall be paid as an investment service fee to the office of the county treasurer or other municipal corporation trea36.29.020 [Title 36 RCW—page 66] surer when the earnings become available to the governing body: PROVIDED FURTHER, That if such investment service fee amounts to five dollars or less the county treasurer or other municipal corporation treasurer may waive such fee. If in the judgment of the governing body of the municipal corporation or the county treasurer it is necessary to redeem or to sell any of the purchased securities before their ultimate maturity date, the governing body may, by resolution, direct the county treasurer pursuant to RCW 36.29.010(8) to cause such redemption to be had at the redemption value of the securities or to sell the securities at not less than market value and accrued interest. Whenever the funds of any municipal corporation which are not required for immediate expenditure are in the custody or control of the county treasurer, and the governing body of such municipal corporation has not taken any action pertaining to the investment of any such funds, the county finance committee shall direct the county treasurer, under the investment policy of the county finance committee, to invest, to the maximum prudent extent, such funds or any portion thereof in savings or time accounts in designated qualified public depositaries or in certificates, notes, or bonds of the United States, or other obligations of the United States or its agencies, or of any corporation wholly owned by the government of the United States, in bankers’ acceptances purchased on the secondary market, in federal home loan bank notes and bonds, federal land bank bonds and federal national mortgage association notes, debentures and guaranteed certificates of participation, or the obligations of any other government sponsored corporation whose obligations are or may become eligible as collateral for advances to member banks as determined by the board of governors of the federal reserve system or deposit such funds or any portion thereof in investment deposits as defined in RCW 39.58.010 secured by collateral in accordance with the provisions of chapters 39.58 and 39.59 RCW: PROVIDED, That the county treasurer shall have the power to select the specific qualified financial institution in which the funds may be invested. The interest or other earnings from such investments or deposits shall be deposited in the current expense fund of the county and may be used for general county purposes. The investment or deposit and disposition of the interest or other earnings therefrom authorized by this paragraph shall not apply to such funds as may be prohibited by the state Constitution from being so invested or deposited. [1999 c 18 § 4; 1997 c 393 § 4; 1991 c 245 § 5; 1984 c 177 § 7; 1982 c 73 § 1; 1980 c 56 § 1; 1979 c 57 § 1; 1973 1st ex.s. c 140 § 1; 1969 ex.s. c 193 § 26; 1967 c 173 § 1; 1965 c 111 § 2; 1963 c 4 § 36.29.020. Prior: 1961 c 254 § 1; 1895 c 73 § 1; RRS § 4112.] Liability of treasurers and state treasurer for losses on public deposits: RCW 39.58.140. Public depositaries: Chapter 39.58 RCW. Additional notes found at www.leg.wa.gov 36.29.022 Combining of moneys for investment. Upon the request of one or several units of local government that invest their money with the county under the provisions of RCW 36.29.020, the treasurer of that county may combine those units’ moneys for the purposes of investment. [1986 c 294 § 11.] 36.29.022 (2010 Ed.) County Treasurer 36.29.024 Investment expenses. The county treasurer may deduct the amounts necessary to reimburse the treasurer’s office for the actual expenses the office incurs and to repay any county funds appropriated and expended for the initial administrative costs of establishing a county investment pool provided in RCW 36.29.022. These funds shall be used by the county treasurer as a revolving fund to defray the cost of administering the pool without regard to budget limitations. Any credits or payments to political subdivisions shall be calculated and made in a manner which equitably reflects the differing amounts of the political subdivision’s respective deposits in the county investment pool and the differing periods of time for which the amounts were placed in the county investment pool. A county investment pool must be available for investment of funds of any local government that invests its money with the county under the provisions of RCW 36.29.020, and a county treasurer shall follow the request from the local government to invest its funds in the pool. As used in this section "actual expenses" include only the county treasurer’s direct and out-of-pocket costs and do not include indirect or loss of opportunity costs. As used in this section, "direct costs" means those costs that can be identified specifically with the administration of the county investment pool. Direct costs include: (1) Compensation of employees for the time devoted and identified specifically to administering the pool; and (2) the cost of materials, services, or equipment acquired, consumed, or expended specifically for the purpose of administering the pool. [2009 c 553 § 1; 2004 c 79 § 3; 1988 c 281 § 5.] 36.29.024 36.29.120 36.29.050. Prior: Code 1881 § 2746; 1863 p 554 § 9; 1854 p 427 § 9; RRS § 4117.] 36.29.060 Warrant calls—Penalty for failure to call. (1) Whenever the county treasurer has funds belonging to any fund upon which "interest-bearing" warrants are outstanding, the treasurer shall have the discretion to call warrants. The county treasurer shall give notice as provided for in RCW 36.29.010(4). The treasurer shall pay on demand, in the order of their issue, any warrants when there shall be in the treasury sufficient funds applicable to such payment. (2) Any treasurer who knowingly fails to call for or pay any warrant in accordance with this section is guilty of a misdemeanor and shall be fined not less than twenty-five dollars nor more than five hundred dollars, and such conviction shall be sufficient cause for removal from office. [2003 c 53 § 203; 1991 c 245 § 6; 1985 c 469 § 44; 1980 c 100 § 4; 1963 c 4 § 36.29.060. Prior: 1895 c 152 § 1, part; RRS § 4118, part.] 36.29.060 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 36.29.090 Suspension of treasurer. Whenever an action based upon official misconduct is commenced against any county treasurer the county commissioners may suspend the treasurer from office until such suit is determined, and may appoint some person to fill the vacancy. [2001 c 299 § 6; 1963 c 4 § 36.29.090. Prior: 1895 c 73 § 2; Code 1881 § 2749; 1863 p 554 § 12; 1854 p 428 § 12; RRS § 4124.] 36.29.090 Additional notes found at www.leg.wa.gov 36.29.100 Ex officio collector of first-class city taxes. The county treasurer of each county in which there is a city of the first class is ex officio collector of city taxes of such city, and before entering upon the duties of office the treasurer shall execute in favor of the city and file with the clerk thereof a good and sufficient bond, the penal sum to be fixed by the city council, such bond to be approved by the mayor of such city or other authority thereof by whom the bond of the city treasurer is required to be approved. All special assessments and special taxation for local improvements assessed on property benefited shall be collected by the city treasurer. [2001 c 299 § 7; 1963 c 4 § 36.29.100. Prior: 1895 c 160 § 1; 1893 c 71 § 4; RRS § 11321.] 36.29.100 36.29.025 Official seal. The county treasurer in each of the organized counties of the state of Washington, shall be by his or her county provided with a seal of office for the authentication of all tax deeds, papers, writing and documents required by law to be certified or authenticated by him or her. Such seal shall bear the device of crosskeys and the words: Official Seal Treasurer . . . . . . County, Washington; and an imprint of such seal, together with the certificate of the county treasurer that such seal has been regularly adopted, shall be filed in the office of the county auditor of such county. [2009 c 549 § 4061; 1963 c 4 § 36.29.025. Prior: 1903 c 15 § 1; RRS § 4125.] 36.29.025 36.29.040 Interest on unpaid warrants. All county, school, city and town warrants, and taxing district warrants when not otherwise provided for by law, shall be paid according to their number, date and issue, and when not paid upon presentation shall draw interest from the date of their presentation to the proper treasurers or from the date the warrants were originally issued, as determined by the proper treasurer. No compound interest shall be paid directly or indirectly on any such warrants. [1980 c 100 § 3; 1963 c 4 § 36.29.040. Prior: 1893 c 48 § 1, part; RRS § 4116, part.] 36.29.040 36.29.050 Interest to be entered on warrant register. When the county treasurer redeems any warrant on which interest is due, the treasurer shall enter on the warrant register account the amount of interest paid, distinct from the principal. [2001 c 299 § 5; 1969 ex.s. c 48 § 1; 1963 c 4 § 36.29.110 City taxes. All city taxes and earnings on such taxes, as provided for in RCW 36.29.020, collected during the month shall be remitted to the city by the county treasurer on or before the tenth day of the following month. The county treasurer shall submit a statement of taxes collected with such remittance. To facilitate the investment of collected taxes, the treasurer may invest as provided for in RCW 36.29.020 without the necessity of the cities specifically requesting combining funds for the purposes of investment. [1991 c 245 § 7; 1963 c 4 § 36.29.110. Prior: 1905 c 157 § 1; 1895 c 160 § 2; 1893 c 71 § 5; RRS § 11322.] 36.29.110 36.29.050 (2010 Ed.) 36.29.120 Ex officio collector of other city taxes. For the purpose of collection of all taxes levied for cities and towns of other than the first class, the county treasurer of the county wherein such city or town is situated shall be ex offi36.29.120 [Title 36 RCW—page 67] 36.29.130 Title 36 RCW: Counties cio tax collector. [1963 c 4 § 36.29.120. Prior: 1893 c 72 § 3; RRS § 11330.] treasurer. [1991 c 245 § 8; 1963 c 4 § 36.29.180. Prior: 1961 c 270 § 1.] 36.29.130 Duty to collect taxes. The county treasurer, upon receipt of the tax roll, shall proceed to collect and receipt for the municipal taxes extended thereon at the same time and in the same manner as he or she proceeds in the collection of other taxes on such roll. [2009 c 549 § 4062; 1963 c 4 § 36.29.130. Prior: 1893 c 72 § 7; RRS § 11334.] 36.29.190 Acceptance of payment by credit cards, charge cards, and other electronic communications authorized—Costs borne by payer—Exception. County treasurers are authorized to accept credit cards, charge cards, debit cards, smart cards, stored value cards, federal wire, and automatic clearinghouse system transactions, or other electronic communication, for any payment of any kind including, but not limited to, taxes, fines, interest, penalties, special assessments, fees, rates, charges, or moneys due counties. A payer desiring to pay by a credit card, charge card, debit card, smart card, stored value card, federal wire, automatic clearinghouse system, or other electronic communication shall bear the cost of processing the transaction in an amount determined by the treasurer, unless the county legislative authority or the legislative authority of a district where the county treasurer serves as ex officio treasurer finds that it is in the best interests of the county or district to not charge transaction processing costs for all payment transactions made for a specific category of nontax payments received by the county treasurer, including, but not limited to, fines, interest not associated with taxes, penalties not associated with taxes, special assessments, fees, rates, and charges. The treasurer’s cost determination shall be based upon costs incurred by the treasurer and may not, in any event, exceed the additional direct costs incurred by the county to accept the specific form of payment utilized by the payer. [2003 c 23 § 8; 1997 c 393 § 19; 1996 c 153 § 3.] 36.29.130 36.29.160 Segregation and collection of specified assessments and charges made by public utility districts, water-sewer districts, or the county—Fee. The county treasurer shall make segregation, collect, and receive from any owner or owners of any subdivision or portion of any lot, tract or parcel of land upon which assessments or charges have been made or may be made by public utility districts, water-sewer districts, or the county, under the terms of Title 54 RCW, Title 57 RCW, or chapter 36.88, 36.89, or 36.94 RCW, such portion of the assessments or charges levied or to be levied against such lot, tract or parcel of land in payment of such assessment or charges as the board of commissioners of the public utility district, the water-sewer district commissioners or the board of county commissioners, respectively, shall certify to be chargeable to such subdivision, which certificate shall state that such property as segregated is sufficient security for the assessment or charges. Upon making collection upon any such subdivision the county treasurer shall note such payment upon the records of the office of the treasurer and give receipt therefor. When a segregation is required, a certified copy of the resolution shall be delivered to the treasurer of the county in which the real property is located who shall proceed to make the segregation ordered upon being tendered a fee of three dollars for each tract of land for which a segregation is to be made. [2001 c 299 § 8; 1998 c 106 § 4; 1996 c 230 § 1607; 1963 c 4 § 36.29.160. Prior: 1959 c 142 § 2; 1953 c 210 § 1.] 36.29.160 Additional notes found at www.leg.wa.gov 36.29.170 Office at county seat. The county treasurer shall keep an office at the county seat, and shall keep the same open for transaction of business during business hours; and the treasurer and the treasurer’s deputy are authorized to administer all oaths necessary in the discharge of the duties of the office. [2009 c 105 § 4; 2001 c 299 § 9; 1963 c 4 § 36.29.170. Prior: Code 1881 § 2742; 1863 p 553 § 5; 1854 p 427 § 5; RRS § 4110.] 36.29.170 36.29.180 Fees for handling, collecting, dispersing, and accounting for special assessments, fees, rates, or charges. The county treasurer, in all instances where required by law to handle, collect, disburse, and account for special assessments, fees, rates, or charges within the county, may charge and collect a fee for services not to exceed four dollars per parcel for each year in which the funds are collected. Such charges for services shall be based upon costs incurred by the treasurer in handling, collecting, disbursing, and accounting for the funds. Such fees shall be a charge against the district and shall be credited to the county current expense fund by the county 36.29.180 [Title 36 RCW—page 68] 36.29.190 Additional notes found at www.leg.wa.gov 36.29.200 Collection of sales and use taxes for zoo and aquarium advisory authority. The county treasurer or, in the case of a home rule county, the county official designated by county charter and ordinance as the official with custody over the collection of countywide tax revenues, shall receive all money representing revenues from taxes authorized under RCW 82.14.400, and shall disburse such money to the authority established in RCW 36.01.190. [1999 c 104 § 2.] 36.29.200 Chapter 36.32 Chapter 36.32 RCW COUNTY COMMISSIONERS Sections 36.32.005 36.32.010 36.32.020 36.32.030 36.32.040 36.32.050 36.32.055 36.32.0552 36.32.0554 36.32.0556 36.32.0558 36.32.060 36.32.070 36.32.080 36.32.090 "County commissioners" defined. Board of commissioners established—Quorum. Commissioner districts. Terms of commissioners. Nomination by districts. Elected by entire county. Five-member commission—When authorized—Ballot proposition—Petition—Procedures. Five-member commission—Newly created positions—How filled—County divided into five districts. Five-member commission—Newly created positions—Terms of initially elected commissioners. Five-member commissions—Four-year terms—Nominations by districts—Elected by entire county—Quorum. Five-member commissions—Vacancies. Conditions of official bond. Vacancies on board. Regular meetings. Special meetings. (2010 Ed.) County Commissioners 36.32.100 36.32.110 36.32.120 36.32.121 36.32.122 36.32.125 36.32.127 36.32.130 36.32.135 36.32.140 36.32.150 36.32.155 36.32.160 36.32.170 36.32.200 36.32.210 36.32.235 36.32.240 36.32.245 36.32.250 36.32.253 36.32.256 36.32.260 36.32.265 36.32.270 36.32.280 36.32.290 36.32.300 36.32.310 36.32.330 36.32.335 36.32.340 36.32.350 36.32.360 36.32.370 36.32.380 36.32.390 36.32.400 36.32.410 36.32.415 36.32.420 36.32.425 36.32.430 36.32.435 36.32.440 36.32.450 36.32.460 36.32.470 36.32.475 36.32.480 36.32.490 36.32.510 36.32.520 36.32.525 36.32.540 36.32.550 (2010 Ed.) Chair of board—Election, powers. Clerk of board. Powers of legislative authorities. Community revitalization financing—Public improvements. Authority to regulate massage practitioners—Limitations. Adoption of certain regulations proscribed. Driving while under the influence of liquor or drugs—Minimum penalties. Postponement of action. Official seal. Record of proceedings. Transcribing mutilated records. Transcribing mutilated records—Prior transcribing validated. Transcribing mutilated records—Auditor to direct transcribing, certify. Transcribing mutilated records—Original records to be preserved. Special attorneys, employment of. Inventory of county capitalized assets—County commission inventory statement—Filing and public inspection—Penalty—Prosecutions—Taxpayer’s action. Competitive bids—Purchasing department—Counties with a population of four hundred thousand or more—Public works procedures—Exceptions. Competitive bids—Purchasing department—Counties with a population of less than four hundred thousand. Competitive bids—Requirements—Advertisements—Exceptions. Competitive bids—Contract procedure—Contracts under forty thousand dollars—Small works roster process. Competitive bids—Leases of personal property. Competitive bids—Multiple awards for road maintenance materials. Competitive bids—Purchasing agent. Competitive bids—Inapplicability to certain agreements relating to water pollution control, solid waste handling facilities. Competitive bids—Exemptions. Regulation of watercourses. Regulation of watercourses—Removal of obstructions. Regulation of watercourses—Trees may be removed from river banks. Compensation for extra services. Appeals from board’s action. Coordination of county administrative programs—Legislative declaration. Coordination of county administrative programs—Duties incident to. Coordination of county administrative programs—Coordinating agency—Agency reimbursement. Coordination of county administrative programs—Attendance at conventions authorized. Land surveys. Land surveys—Record of surveys. Nonmonthly employees, vacations and sick leaves. Health care and group insurance. Participation in Economic Opportunity Act programs. Low-income housing—Loans and grants. Youth agencies—Establishment authorized. Juvenile curfews. Parks, may designate name of. Historic preservation—Authorization to acquire property, borrow money, issue bonds, etc. Staff to aid in purchasing, poverty programs, parks, emergency services, budget, etc., authorized. Tourist promotion. Employee safety award programs. Fire protection, ambulance or other emergency services provided by municipal corporations within county—Financial and other assistance authorized. Regulation of automatic number or location identification— Prohibited. Emergency medical service districts—Creation authorized— Composition of governing body. County freeholders—Method of filling vacancies. Right-of-way donations—Credit against required improvements. Child care facilities—Review of need and demand—Adoption of ordinances. Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required. Settlement of Indian claims. Conformance with chapter 43.97 RCW required. 36.32.560 36.32.570 36.32.580 36.32.590 36.32.600 36.32.610 36.32.620 Chapter 36.32 Home rule charter counties—Residential care facilities— Review of need and demand—Adoption of ordinances. Conservation area acquisition and maintenance. Home rule charter counties subject to limitations on moratoria, interim zoning controls. Building construction projects—County prohibited from requiring state agencies or local governments to provide bond or other security as a condition for issuance of permit. Amateur radio antennas—Local regulation to conform with federal law. Library capital facility areas authorized. Abandoned or derelict vessels. Air pollution control advisory council, commissioner as member: RCW 70.94.240. district, commissioner as member: RCW 70.94.100. Board of law library trustees, commissioner as member: RCW 27.24.020. Canvassing board, commissioner as member: RCW 39.40.030. Cemeteries and funeral facilities, acquisition and operation of: Chapter 68.52 RCW. Certified transcripts of commissioner meetings as evidence: RCW 5.44.070. Continuity of government act, effect as to: RCW 42.14.040, 42.14.070. County board of equalization, commissioners as: Chapter 84.48 RCW. County board of health, commissioners as members of: RCW 70.05.030. County canvassing board, commissioner as member: RCW 29A.60.160. County health boards, commissioners as, duties: Chapter 70.05 RCW. District court districting committee, commissioner as member of: RCW 3.38.010. Duties relating to air pollution control districts: Chapter 70.94 RCW. assessor’s plats: RCW 58.18.010. bailiffs of the superior court: RCW 2.32.360. basic juvenile court act: Chapter 13.04 RCW. billiard table, pigeon-hole table: RCW 67.14.050. bonds of public officers: Chapter 42.08 RCW. bowling alleys: RCW 67.14.050. cemetery districts: Chapter 68.52 RCW. cities and towns advancement of classification: Chapter 35.06 RCW. agreements on planning, establishing, construction, etc., of streets: Chapter 35.77 RCW. annexation of unincorporated areas: Chapter 35.13 RCW. county aid on street construction, etc.: RCW 47.24.050. disincorporation of: Chapter 35.07 RCW. erection of drawbridges in: Chapter 35.74 RCW. general indebtedness bonds, county tax levy to pay: RCW 35.37.120. incorporation proceedings: Chapter 35.02 RCW. L.I.D. assessments of county property: RCW 35.44.140, 35.49.070. civil service for sheriff’s office: Chapter 41.14 RCW. combined city-county health department: Chapter 70.08 RCW. county airport districts: Chapter 14.08 RCW. county and city tuberculosis hospitals: Chapter 70.30 RCW. county flood control: Chapter 86.12 RCW. county road fund, illegal use of: RCW 47.08.100. penalty: RCW 47.08.110. county road projects if let to department of transportation where matching funds: RCW 47.08.080. county superintendent of schools: Chapter 28A.310 RCW. county teachers’ institute: Chapter 28A.310 RCW. court commissioner’s salary: RCW 2.24.030. dancing, license to conduct: Chapter 67.12 RCW. detention facilities for juveniles: Chapter 13.16 RCW. devices to protect fish in lakes: RCW 90.24.050. diking and drainage intercounty districts: Chapter 85.24 RCW. diking districts: Chapter 85.05 RCW. reorganization of (1917 act): Chapter 85.20 RCW. reorganization of (1933 act): Chapter 85.22 RCW. diking, drainage and sewerage improvement districts: Chapter 85.08 RCW. federal aid to: Chapter 85.12 RCW. maintenance costs and levies: Chapter 85.16 RCW. diking, drainage district benefits to roads, how paid: RCW 85.07.040, 85.07.050. diseased animals: RCW 16.36.070. [Title 36 RCW—page 69] Chapter 36.32 Title 36 RCW: Counties district court clerks, assistants: Chapter 3.54 RCW. facilities: RCW 3.58.050. legislative authority: RCW 3.42.040. district courts and other courts of limited jurisdiction: Chapters 3.30, 3.34, 3.38, 3.42, 3.46, 3.50, 3.54, 3.58, 3.62, 3.66, 3.70, 3.74 RCW. drainage districts: Chapter 85.06 RCW. reorganization of (1917 act): Chapter 85.20 RCW. reorganization of (1933 act): Chapter 85.22 RCW. drawbridges, municipal: RCW 35.74.020, 35.74.030. elections creating new precincts: RCW 29A.16.040, 29A.16.050. precinct officers: Chapter 29A.44 RCW. voting systems: Chapter 29A.12 RCW. electric franchises and rights-of-way: RCW 80.32.010. eminent domain by counties: Chapter 8.08 RCW. county, wharves for: RCW 88.24.070. federal property, purchase of: Chapter 39.32 RCW. federal tax lien index: RCW 60.68.045. ferry system tariffs and charges, review committee: RCW 47.60.310. fire protection district commissioner vacancy: RCW 52.14.050. fire protection districts: Chapters 52.04, 52.08, 52.12, 52.16 RCW. flood control by counties jointly: Chapter 86.13 RCW. flood control districts (1937 act): Chapter 86.09 RCW. flood control zone districts: Chapter 86.15 RCW. funding indebtedness of counties: Chapter 39.52 RCW. game, use of state lands for game purposes: RCW 77.12.360 through 77.12.390. health districts: Chapter 70.46 RCW. hospital districts: Chapter 70.44 RCW. housing authority act: Chapter 35.82 RCW. housing projects, cooperation: Chapter 35.83 RCW. human remains: Chapter 68.50 RCW. industrial development districts: Chapter 53.25 RCW. intercounty rural library districts: Chapter 27.12 RCW. intercounty weed districts: Chapter 17.06 RCW. internal revenue taxes, lien for: RCW 60.68.045. irrigation and rehabilitation district rules and regulations: RCW 87.84.090. irrigation districts director divisions: Chapter 87.04 RCW. dissolution of districts with bonds: Chapter 87.53 RCW. generally: Chapter 87.03 RCW. joint control of: Chapter 87.80 RCW. merger with drainage, joint drainage or consolidated drainage improvement district: RCW 87.03.720 through 87.03.745. joint aid river and harbor improvements: RCW 88.32.230 through 88.32.235. legal aid: Chapter 2.50 RCW. lien foreclosure: Chapter 84.64 RCW. liquor retail license: RCW 67.14.040. sale or other disposition of: RCW 67.14.020. wholesale license: RCW 67.14.050. medical care by state, in county hospitals: Chapter 74.09 RCW. metropolitan municipal corporations: Chapter 35.58 RCW. mineral and petroleum leases on county lands: Chapter 78.16 RCW. mines, abandoned mining shafts and excavations: Chapter 78.12 RCW. mosquito control districts: Chapter 17.28 RCW. motor vehicle maximum speed limits outside cities and towns: RCW 46.61.400 through 46.61.425. parks, bathing beaches, public camps, acquisition and operation of: Chapter 67.20 RCW. pest districts: Chapter 17.12 RCW. planning commission: Chapter 35.63 RCW. port districts annexation of land to: Chapter 53.04 RCW. commissioner elections: Chapter 53.12 RCW. consolidation of: Chapter 53.46 RCW. formation of: Chapter 53.04 RCW. public cemetery and morgue: RCW 68.52.010, 68.52.020. public health pooling fund: RCW 70.12.030. public lands rights-of-way over for roads, county wharves: RCW 79.36.440. tidelands and shorelands, petition for replat: RCW 79.125.080. [Title 36 RCW—page 70] public utility districts: Chapters 54.08, 54.40 RCW. privilege tax: Chapter 54.28 RCW. public waterway districts: Chapter 91.08 RCW. railroad grade crossings: Chapter 81.53 RCW. reclamation districts of one million acres: Chapter 89.30 RCW. reforestation: Chapter 79.22 RCW. county exchange of land to block up holdings: RCW 79.17.020 and 79.17.060. right to back and hold waters over county roads: RCW 90.28.010, 90.28.020. river and harbor improvement districts: Chapter 88.32 RCW. river and harbor improvements by counties jointly: RCW 88.32.180 through 88.32.220. roads, closure of: Chapter 47.48 RCW. roads and bridges, limited access facilities: Chapter 47.52 RCW. rural county library districts: Chapter 27.12 RCW. rural pool halls, billiard halls and bowling alleys, licensing of: Chapter 67.12 RCW. school district organization: Chapter 28A.315 RCW. school districts penalties relating to: Chapter 28A.635 RCW. second class, expenditures: Chapter 28A.330 RCW. validation of indebtedness: Chapter 28A.535 RCW. school funds: Chapter 28A.545 RCW. section and corner lines, establishment of: Chapter 58.04 RCW. special districts in counties with a population of two hundred ten thousand or more, disincorporation of: Chapter 57.90 RCW. state highways, acquisition of county lands for: RCW 47.12.040. stock restricted areas: Chapter 16.24 RCW. street railways: Chapter 81.64 RCW. superior court special sessions: RCW 2.08.140, 2.08.150. taxes, excise tax on real estate sales: Chapter 82.45 RCW. property collection of: Chapter 84.56 RCW. levy of: Chapter 84.52 RCW. lien foreclosure: Chapter 84.64 RCW. listing of: Chapter 84.40 RCW. revaluation: Chapter 84.41 RCW. temporary gates across highways: RCW 16.60.080. temporary quarters for court: RCW 2.28.141. towns, uncertain boundaries: RCW 35.27.040 through 35.27.060. traffic control devices: Chapter 47.36 RCW. traffic schools: Chapter 46.83 RCW. underground storage of natural gas, lease of county lands for: RCW 80.40.070. United States reclamation areas, contracts to bring county lands into: RCW 89.12.110. veterans, indigent, deceased, burial of: RCW 73.08.070. veterans’ meeting places, rent by county: RCW 73.04.080. veterans’ relief: Chapter 73.08 RCW. vouchers on public funds: Chapter 42.24 RCW. water-sewer districts annexation of property to: Chapter 57.24 RCW. board of commissioners, vacancies: RCW 57.12.020. consolidation of: Chapter 57.32 RCW. generally: Title 57 RCW. transfer of part: RCW 57.32.160. withdrawal of territory from: Chapter 57.28 RCW. weed district tax on county lands: RCW 17.04.180. weed districts: Chapter 17.04 RCW. wharves, authorizing of and prescribing rates: RCW 88.24.020. Flood control district (1937 act) board, commissioner to act for absent member: RCW 86.09.292. zone districts, commissioners as ex officio supervisors: RCW 86.15.050. Health districts: Chapter 70.46 RCW. Metropolitan sewer advisory committee, commissioner as member: RCW 35.58.210. Metropolitan water advisory committee, commissioner as member: RCW 35.58.230. Property tax advisor: RCW 84.48.140. Public assistance as county function: RCW 74.04.040. Rangers, commissioners as ex officio: RCW 76.04.045. (2010 Ed.) County Commissioners Reclamation district commission, commissioner as member of: RCW 89.30.055. Redistricting by local governments and municipal corporations—Census information for—Plan, prepared when, criteria for, hearing on, request for review of, certification, remand—Sanctions when review request frivolous: RCW 29A.76.010. Revenue, department of, to advise commissioners: RCW 84.08.020. 36.32.055 4038. (ii) 1891 c 67 § 3; RRS § 4039. (iii) 1891 c 89 § 4; RRS § 4040. (iv) 1891 c 67 § 5; RRS § 4041.] *Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1). 36.32.040 Nomination by districts. (1) Except as provided in subsection (2) of this section, the qualified electors of each county commissioner district, and they only, shall nominate from among their own number, candidates for the office of county commissioner of such commissioner district to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates for other county and district offices are nominated in all other respects. (2) Where the commissioners of a county composed entirely of islands with a population of less than thirty-five thousand have chosen to divide the county into unequal-sized commissioner districts pursuant to the exception provided in RCW 36.32.020, the qualified electors of the entire county shall nominate from among their own number who reside within a commissioner district, candidates for the office of county commissioner of such commissioner district to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates for other county offices are nominated in all other respects. [1982 c 226 § 5; 1963 c 4 § 36.32.040. Prior: 1909 c 232 § 1; RRS § 4043.] 36.32.040 Review board, commissioner as member of: RCW 35.13.171. Solid waste collection districts: Chapter 36.58A RCW. Traffic safety commission, member of association of county commissioners appointed to: RCW 43.59.030. United States townsite law, dedication of streets, etc., under commissioners may alienate: RCW 58.28.440. 36.32.005 "County commissioners" defined. The term "county commissioners" when used in this title or any other provision of law shall include the governmental authority empowered to so act under the provisions of a charter adopted by any county of the state. [1971 ex.s. c 117 § 1.] 36.32.005 36.32.010 Board of commissioners established— Quorum. There is established in each county in this state a board of county commissioners. Except as provided in RCW 36.32.055 and 36.32.0552, each board of county commissioners shall consist of three qualified electors, two of whom shall constitute a quorum to do business. [1990 c 252 § 1; 1963 c 4 § 36.32.010. Prior: Code 1881 § 2663; 1869 p 303 § 1; 1867 p 52 § 1; 1863 p 540 § 1; 1854 p 420 § 1; RRS § 4036.] 36.32.010 36.32.020 Commissioner districts. The board of county commissioners of each county shall divide their county into three commissioner districts so that each district shall comprise as nearly as possible one-third of the population of the county: PROVIDED, That the territory comprised in any voting precincts of such districts shall remain compact, and shall not be divided by the lines of said districts. However, the commissioners of any county composed entirely of islands and with a population of less than thirtyfive thousand may divide their county into three commissioner districts without regard to population, except that if any single island is included in more than one district, the districts on such island shall comprise, as nearly as possible, equal populations. The lines of the districts shall not be changed oftener than once in four years and only when a full board of commissioners is present. The districts shall be designated as districts numbered one, two and three. [1982 c 226 § 4; 1970 ex.s. c 58 § 1; 1963 c 4 § 36.32.020. Prior: 1893 c 39 § 2; 1890 p 317 §§ 1, 2; RRS § 4037.] Additional notes found at www.leg.wa.gov 36.32.020 Additional notes found at www.leg.wa.gov 36.32.030 Terms of commissioners. The terms of office of county commissioners shall be four years and until their successors are elected and qualified and assume office in accordance with *RCW 29.04.170: PROVIDED, That the terms shall be staggered so that either one or two commissioners are elected at a general election held in an even-numbered year. [1979 ex.s. c 126 § 27; 1963 c 4 § 36.32.030. Prior: 1951 c 89 § 1. Formerly: (i) 1891 c 97 §§ 1, 2; RRS § 36.32.030 (2010 Ed.) 36.32.050 Elected by entire county. County commissioners shall be elected by the qualified voters of the county and the person receiving the highest number of votes for the office of commissioner for the district in which he or she resides shall be declared duly elected from that district. [2009 c 549 § 4063; 1963 c 4 § 36.32.050. Prior: 1895 c 110 § 1; 1893 c 39 § 1; 1891 c 67 § 6; 1890 p 317 § 3; RRS § 4042.] 36.32.050 36.32.055 Five-member commission—When authorized—Ballot proposition—Petition—Procedures. (1) The board of commissioners of any noncharter county with a population of three hundred thousand or more may cause a ballot proposition to be submitted at a general election to the voters of the county authorizing the board of commissioners to be increased to five members. (2) As an alternative procedure, a ballot proposition shall be submitted to the voters of a noncharter county authorizing the board of commissioners to be increased to five members, upon petition of the county voters equal to at least ten percent of the voters voting at the last county general election. At least twenty percent of the signatures on the petition shall come from each of the existing commissioner districts. Any petition requesting that such an election be held shall be submitted to the county auditor for verification of the signatures thereon. Within no more than thirty days after the submission of the petition, the auditor shall determine if the petition contains the requisite number of valid signatures. The auditor shall certify whether or not the petition has been signed by the requisite number of county voters and forward 36.32.055 [Title 36 RCW—page 71] 36.32.0552 Title 36 RCW: Counties such petition to the board of county commissioners. If the petition has been signed by the requisite number of county voters, the board of county commissioners shall submit such a proposition to the voters for their approval or rejection at the next general election held at least sixty days after the proposition has been certified by the auditor. [1990 c 252 § 2.] 36.32.0552 36.32.0552 Five-member commission—Newly created positions—How filled—County divided into five districts. If the ballot proposition receives majority voter approval, the size of the board of county commissioners shall be increased to five members as provided in this section. The two newly created positions shall be filled at elections to be held in the next year. The county shall, as provided in this section, be divided into five commissioner districts, so that each district shall comprise as nearly as possible onefifth of the population of the county. No two members of the existing board of county commissioners may, at the time of the designation of such districts, permanently reside in one of the five districts. The division of the county into five districts shall be accomplished as follows: (1) The board of county commissioners shall, by the second Monday of March of the year following the election, adopt a resolution creating the districts; (2) If by the second Tuesday of March of the year following the election the board of county commissioners has failed to create the districts, the prosecuting attorney of the county shall petition the superior court of the county to appoint a referee to designate the five commissioner districts. The referee shall designate such districts by no later than June 1st of the year following the election. The two commissioner districts within which no existing member of the board of county commissioners permanently resides shall be designated as districts four and five. [1990 c 252 § 3.] 36.32.0554 36.32.0554 Five-member commission—Newly created positions—Terms of initially elected commissioners. The terms of the persons who are initially elected to positions four and five under RCW 36.32.0552 shall be as follows: (1) If the year in which the primary and general elections are held is an even-numbered year, the person elected to position four shall be elected for a two-year term, and the person elected to position five shall be elected for a four-year term; or (2) If the year in which the primary and general elections are held is an odd-numbered year, the person elected to position four shall be elected for a one-year term, and the person elected to position five shall be elected for a three-year term. The length of the terms shall be calculated from the first day of January in the year following the election. Each person elected pursuant to subsection (1) or (2) of this section shall take office immediately upon the issuance of a certificate of his or her election. Thereafter, persons elected to commissioner positions four and five shall be elected for four-year terms and shall take office at the same time the other members of the board of county commissioners take office. [1990 c 252 § 4.] [Title 36 RCW—page 72] 36.32.0556 Five-member commissions—Four-year terms—Nominations by districts—Elected by entire county—Quorum. The commissioners in a five-member board of county commissioners shall be elected to four-year staggered terms. Each commissioner shall reside in a separate commissioner district. Each commissioner shall be nominated from a separate commissioner district by the voters of that district. Each shall be elected by the voters of the entire county. Three members of a five-member board of commissioners shall constitute a quorum to do business. [1990 c 252 § 5.] 36.32.0556 36.32.0558 Five-member commissions—Vacancies. Vacancies on a board of county commissioners consisting of five members shall be filled as provided in RCW 36.32.070, except that: (1) Whenever there are three or more vacancies, the governor shall appoint one or more commissioners until there are a total of three commissioners; (2) Whenever there are two vacancies, the three commissioners shall fill one of the vacancies; (3) Whenever there is one vacancy, the four commissioners shall fill the single vacancy; and (4) Whenever there is a vacancy after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in *RCW 29.01.135 and shall continue through the term for which he or she was elected. [2003 c 238 § 2; 1990 c 252 § 6.] 36.32.0558 *Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Contingent effective date—2003 c 238: See note following RCW 36.16.110. 36.32.060 Conditions of official bond. The bond of each county commissioner shall be payable to the county, and it shall be conditioned that the commissioner shall well and faithfully discharge the duties of his or her office, and not approve, audit, or order paid any illegal, unwarranted, or unjust claim against the county for personal services. [2009 c 549 § 4064; 1963 c 4 § 36.32.060. Prior: 1955 c 157 § 10; prior: 1921 c 132 § 1, part; 1893 c 75 § 7, part; RRS § 4046, part.] 36.32.060 36.32.070 Vacancies on board. Whenever there is a vacancy in the board of county commissioners, except as provided in RCW 36.32.0558, it shall be filled as follows: (1) If there are three vacancies, the governor of the state shall appoint two of the officers. The two commissioners thus appointed shall then meet and select the third commissioner. If the two appointed commissioners fail to agree upon selection of the third after the expiration of five days from the day they were appointed, the governor shall appoint the remaining commissioner. (2) Whenever there are two vacancies in the office of county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall appoint the third commissioner. If they fail to agree upon a selection after the expiration of five days from the day of the 36.32.070 (2010 Ed.) County Commissioners governor’s appointment, the governor shall appoint the third commissioner. (3) Whenever there is one vacancy in the office of county commissioner, the two remaining commissioners shall fill the vacancy. If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy occurred, the governor shall appoint the third commissioner. (4) Whenever there is a vacancy in the office of county commissioner after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in *RCW 29.01.135 and shall continue through the term for which he or she was elected. [2003 c 238 § 3; 1990 c 252 § 7; 1963 c 4 § 36.32.070. Prior: 1933 c 100 § 1; RRS § 4038-1.] *Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Contingent effective date—2003 c 238: See note following RCW 36.16.110. 36.32.080 Regular meetings. The county legislative authority of each county shall hold regular meetings at the county seat to transact any business required or permitted by law. [1989 c 16 § 1; 1963 c 4 § 36.32.080. Prior: 1893 c 105 § 1; Code 1881 § 2667; 1869 p 303 § 5; 1867 p 53 § 5; 1863 p 541 § 5; 1854 p 420 § 5; RRS § 4047. Cf. 1893 c 75 § 1; RRS § 4048.] 36.32.080 36.32.090 Special meetings. The county legislative authority of each county may hold special meetings to transact the business of the county. Notice of a special meeting shall be made as provided in RCW 42.30.080. A special meeting may be held outside of the county seat at any location within the county if the agenda item or items are of unique interest or concern to the citizens of the portion of the county in which the special meeting is to be held. [1989 c 16 § 2; 1963 c 4 § 36.32.090. Prior: Code 1881 § 2669; 1869 p 304 § 7; 1867 p 53 § 7; 1863 p 541 § 7; 1854 p 420 § 7; RRS § 4049. Cf. 1893 c 75 § 2; RRS § 4050.] 36.32.090 36.32.100 Chair of board—Election, powers. The board of county commissioners at their first session after the general election shall elect one of its number to preside at its meetings. He or she shall sign all documents requiring the signature of the board, and his or her signature as chair of the board shall be as legal and binding as if all members had affixed their names. In case the chair is absent at any meeting of the board, all documents requiring the signature of the board shall be signed by both members present. [2009 c 549 § 4065; 1963 c 4 § 36.32.100. Prior: Code 1881 § 2676; 1869 p 305 § 14; 1867 p 55 § 14; 1863 p 542 § 14; 1854 p 421 § 14; RRS § 4051.] 36.32.100 36.32.110 Clerk of board. The county auditor shall be the clerk of the board of county commissioners unless the board of county commissioners designates one of its employees to serve as clerk who shall attend its meetings and keep a record of its proceedings. [1981 c 240 § 1; 1963 c 4 § 36.32.110. Prior: Code 1881 § 2668; 1869 p 304 § 6; 1867 p 53 § 6; 1863 p 541 § 6; 1854 p 420 § 6; RRS § 4052.] 36.32.110 (2010 Ed.) 36.32.120 36.32.120 Powers of legislative authorities. The legislative authorities of the several counties shall: (1) Provide for the erection and repairing of court houses, jails, and other necessary public buildings for the use of the county; (2) Lay out, discontinue, or alter county roads and highways within their respective counties, and do all other necessary acts relating thereto according to law, except within cities and towns which have jurisdiction over the roads within their limits; (3) License and fix the rates of ferriage; grant grocery and other licenses authorized by law to be by them granted at fees set by the legislative authorities which shall not exceed the costs of administration and operation of such licensed activities; (4) Fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to be collected as prescribed by law; (5) Allow all accounts legally chargeable against the county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit; (6) Have the care of the county property and the management of the county funds and business and in the name of the county prosecute and defend all actions for and against the county, and such other powers as are or may be conferred by law; (7) Make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and within the unincorporated area of the county may adopt by reference Washington state statutes and recognized codes and/ or compilations printed in book form relating to the construction of buildings, the installation of plumbing, the installation of electric wiring, health, or other subjects, and may adopt such codes and/ or compilations or portions thereof, together with amendments thereto, or additions thereto: PROVIDED, That except for Washington state statutes, there shall be filed in the county auditor’s office one copy of such codes and compilations ten days prior to their adoption by reference, and additional copies may also be filed in library or city offices within the county as deemed necessary by the county legislative authority: PROVIDED FURTHER, That no such regulation, code, compilation, and/ or statute shall be effective unless before its adoption, a public hearing has been held thereon by the county legislative authority of which at least ten days’ notice has been given. Any violation of such regulations, ordinances, codes, compilations, and/ or statutes or resolutions shall constitute a misdemeanor or a civil violation subject to a monetary penalty: PROVIDED FURTHER, That violation of a regulation, ordinance, code, compilation, and/ or statute relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that violation of a regulation, ordinance, code, compilation, and/ or statute equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime and no act that is a state crime may be made a civil violation. The notice must set out a copy of the proposed regulations or summarize 36.32.120 [Title 36 RCW—page 73] 36.32.121 Title 36 RCW: Counties the content of each proposed regulation; or if a code is adopted by reference the notice shall set forth the full official title and a statement describing the general purpose of such code. For purposes of this subsection, a summary shall mean a brief description which succinctly describes the main points of the proposed regulation. When the county publishes a summary, the publication shall include a statement that the full text of the proposed regulation will be mailed upon request. An inadvertent mistake or omission in publishing the text or a summary of the content of a proposed regulation shall not render the regulation invalid if it is adopted. The notice shall also include the day, hour, and place of hearing and must be given by publication in the newspaper in which legal notices of the county are printed; (8) Have power to compound and release in whole or in part any debt due to the county when in their opinion the interest of their county will not be prejudiced thereby, except in cases where they or any of them are personally interested; (9) Have power to administer oaths or affirmations necessary in the discharge of their duties and commit for contempt any witness refusing to testify before them with the same power as district judges; (10) Have power to declare by ordinance what shall be deemed a nuisance within the county, including but not limited to "litter" and "potentially dangerous litter" as defined in RCW 70.93.030; to prevent, remove, and abate a nuisance at the expense of the parties creating, causing, or committing the nuisance; and to levy a special assessment on the land or premises on which the nuisance is situated to defray the cost, or to reimburse the county for the cost of abating it. This assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes. [2003 c 337 § 6; 1994 c 301 § 8; 1993 c 83 § 9; 1989 c 378 § 39; 1988 c 168 § 8; 1987 c 202 § 206; 1986 c 278 § 2; 1985 c 91 § 1; 1982 c 226 § 3; 1979 ex.s. c 136 § 35; 1975 1st ex.s. c 216 § 1; 1967 ex.s. c 59 § 1; 1963 c 4 § 36.32.120. Prior: 1961 c 27 § 2; prior: (i) 1947 c 61 § 1; 1943 c 99 § 1; Code 1881 § 2673; 1869 p 305 § 11; 1867 p 54 § 11; 1863 p 542 § 11; 1854 p 421 § 11; Rem. Supp. 1947 § 4056. (ii) Code 1881 § 2681; 1869 p 307 § 20; 1867 p 56 § 20; 1863 p 543 § 20; 1854 p 422 § 20; RRS § 4061. (iii) Code 1881 § 2687; 1869 p 308 § 26; 1867 p 57 § 26; 1863 p 545 § 28; 1854 p 423 § 22; RRS § 4071.] Findings—2003 c 337: See note following RCW 70.93.060. Intent—1987 c 202: See note following RCW 2.04.190. Additional notes found at www.leg.wa.gov 36.32.121 Community revitalization financing— Public improvements. In addition to other authority that a county possesses, a county may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050. This section does not limit the authority of a county to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 13.] 36.32.121 Severability—2001 c 212: See RCW 39.89.902. 36.32.122 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitio36.32.122 [Title 36 RCW—page 74] ner seeking a county license to operate a massage business must provide verification of his or her state massage license as provided for in RCW 18.108.030. (2) The county may charge a licensing or operating fee, but the fee charged a state licensed massage practitioner shall not exceed the licensing or operating fee imposed on similar health care providers, such as physical therapists or occupational therapists, operating within the same county. (3) A state licensed massage practitioner is not subject to additional licensing requirements not currently imposed on similar health care providers, such as physical therapists or occupational therapists. [1991 c 182 § 3.] 36.32.125 Adoption of certain regulations proscribed. Nothing in this chapter shall permit the counties to adopt, by reference or by ordinance, regulations relating to the subject matter contained in chapters 19.28, 43.22, 70.79, or 70.87 RCW. [1971 ex.s. c 117 § 2.] 36.32.125 Adoption of provisions relating to electricians and electrical installations by ordinance proscribed: RCW 19.28.101. 36.32.127 Driving while under the influence of liquor or drugs—Minimum penalties. No county may establish a penalty for an act that constitutes the crime of driving while under the influence of intoxicating liquor or any drug, as provided for in RCW 46.61.502, or the crime of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in RCW 46.61.5055. [1995 c 332 § 9; 1994 c 275 § 37; 1983 c 165 § 41.] 36.32.127 Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308. Additional notes found at www.leg.wa.gov 36.32.130 Postponement of action. When only two members are present at a meeting of the board, and a division takes place on any question, the matter under consideration shall be postponed to the next subsequent meeting. [1963 c 4 § 36.32.130. Prior: Code 1881 § 2671; 1869 p 304 § 9; 1867 p 53 § 9; 1863 p 541 § 9; 1854 p 421 § 9; RRS § 4055.] 36.32.130 36.32.135 Official seal. The county commissioners of each county shall have and use a seal for the purpose of sealing their proceedings, and copies of the same when signed and sealed by the said county commissioners, and attested by their clerk, shall be admitted as evidence of such proceedings in the trial of any cause in any court in this state; and until such seal shall be provided, the private seal of the chair of such board of county commissioners shall be adopted as a seal. [2009 c 549 § 4066; 1963 c 4 § 36.32.135. Prior: Code 1881 § 2672; 1854 p 421 § 10; RRS § 4069. Formerly RCW 36.16.080.] 36.32.135 36.32.140 Record of proceedings. The board of county commissioners shall cause to be recorded, in a book kept for that purpose, all their proceedings and determinations touching all matters properly cognizable before it; and all books, accounts, vouchers, and papers, touching the business or property of the county shall be carefully kept by the clerk, 36.32.140 (2010 Ed.) County Commissioners and be open to public inspection. [1963 c 4 § 36.32.140. Prior: Code 1881 § 2675; 1869 p 305 § 13; 1867 p 54 § 13; 1863 p 542 § 13; 1854 p 421 § 13; RRS § 4072.] 36.32.150 Transcribing mutilated records. The county commissioners shall, when any of the county records become so mutilated that their handling becomes dangerous to the safety of such records, and when in the judgment of the county commissioners it may become necessary to, order the transcribing of said records at a sum not exceeding eight cents per folio of one hundred words, in books to be provided for that purpose by the county. [1963 c 4 § 36.32.150. Prior: 1893 c 14 § 1; RRS § 4065.] 36.32.150 36.32.155 Transcribing mutilated records—Prior transcribing validated. All records transcribed by order of any board of county commissioners in this state prior to the effective date of chapter 14, Laws of 1893, shall be and are hereby declared the legal records of said county the same as if transcribed under the provisions of RCW 36.32.150 through 36.32.170. [1963 c 4 § 36.32.155. Prior: 1893 c 14 § 4; RRS § 4068.] 36.32.155 36.32.160 Transcribing mutilated records—Auditor to direct transcribing, certify. The books containing the transcribed records shall be certified by the county auditor, under whose direction the transcribing was done, as being true copies of the original. [1963 c 4 § 36.32.160. Prior: 1893 c 14 § 2; RRS § 4066.] 36.32.160 36.32.170 Transcribing mutilated records—Original records to be preserved. All the original record books, after the transcribing thereof, shall be filed away in the auditor’s office and only be used in case of contest on the correctness of the transcribed records. [1963 c 4 § 36.32.170. Prior: 1893 c 14 § 3; RRS § 4067.] 36.32.170 36.32.200 Special attorneys, employment of. It shall be unlawful for a county legislative authority to employ or contract with any attorney or counsel to perform any duty which any prosecuting attorney is authorized or required by law to perform, unless the contract of employment of such attorney or counsel has been first reduced to writing and approved by the presiding superior court judge of the county in writing endorsed thereon. This section shall not prohibit the appointment of deputy prosecuting attorneys in the manner provided by law. Any contract written pursuant to this section shall be limited to two years in duration. [1983 c 129 § 1; 1963 c 4 § 36.32.200. Prior: 1905 c 25 § 1; RRS § 4075.] 36.32.200 36.32.210 Inventory of county capitalized assets— County commission inventory statement—Filing and public inspection—Penalty—Prosecutions—Taxpayer’s action. (1) Each board of county commissioners of the several counties of the state of Washington shall, on the first Monday of March of each year, file with the auditor of the county a statement verified by oath showing for the twelve months period ending December 31st of the preceding year, the following: 36.32.210 (2010 Ed.) 36.32.235 (a) A full and complete inventory of all capitalized assets shall be kept in accordance with standards established by the state auditor. This inventory shall be segregated to show the following subheads: (i) The assets, including equipment, on hand, together with a statement of the date when acquired, the amount paid therefor, the estimated life thereof and a sufficient description to fully identify such property; (ii) All equipment of every kind or nature sold or disposed of in any manner during such preceding twelve months period, together with the name of the purchaser, the amount paid therefor, whether or not the same was sold at public or private sale, the reason for such disposal and a sufficient description to fully identify the same; and (iii) All the equipment purchased during the period, together with the date of purchase, the amount paid therefor, whether or not the same was bought under competitive bidding, the price paid therefor and the probable life thereof, the reason for making the purchase and a sufficient description to fully identify such property; and (b) The person to whom such money or any part thereof was paid and why so paid and the date of such payment. (2) Inventories shall be filed with the county auditor as a public record and shall be open to the inspection of the public. (3) Any county commissioner failing to file such statement or willfully making any false or incorrect statement therein or aiding or abetting in the making of any false or incorrect statement is guilty of a gross misdemeanor. (4) It is the duty of the prosecuting attorney of each county to within three days from the calling to his or her attention of any violation to institute proceedings against such offending official and in addition thereto to prosecute appropriate action to remove such commissioner from office. (5) Any taxpayer of such county is hereby authorized to institute the action in conjunction with or independent of the action of the prosecuting attorney. [2003 c 53 § 204; 1997 c 245 § 3; 1995 c 194 § 5; 1969 ex.s. c 182 § 2; 1963 c 108 § 1; 1963 c 4 § 36.32.210. Prior: 1931 c 95 § 1; RRS § 4056-1. FORMER PARTS OF SECTION: (i) 1931 c 95 § 2; RRS § 4056-2, now codified as RCW 36.32.213. (ii) 1931 c 95 § 3; RRS § 4056-3, now codified as RCW 36.32.215.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. State building code: Chapter 19.27 RCW. 36.32.235 Competitive bids—Purchasing department—Counties with a population of four hundred thousand or more—Public works procedures—Exceptions. (1) In each county with a population of four hundred thousand or more which by resolution establishes a county purchasing department, the purchasing department shall enter into leases of personal property on a competitive basis and purchase all supplies, materials, and equipment on a competitive basis, for all departments of the county, as provided in this chapter and chapter 39.04 RCW, except that the county purchasing department is not required to make purchases that are paid from the county road fund or equipment rental and revolving fund. (2) As used in this section, "public works" has the same definition as in RCW 39.04.010. 36.32.235 [Title 36 RCW—page 75] 36.32.235 Title 36 RCW: Counties (3) Except as otherwise specified in this chapter or in chapter 36.77 RCW, all counties subject to these provisions shall contract on a competitive basis for all public works after bids have been submitted to the county upon specifications therefor. Such specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection. (4) An advertisement shall be published in the county official newspaper stating the time and place where bids will be opened, the time after which bids will not be received, the character of the work to be done, the materials and equipment to be furnished, and that specifications therefor may be seen at the office of the clerk of the county legislative authority. An advertisement shall also be published in a legal newspaper of general circulation in or as near as possible to that part of the county in which such work is to be done. If the county official newspaper is a newspaper of general circulation covering at least forty percent of the residences in that part of the county in which such public works are to be done, then the publication of an advertisement of the applicable specifications in the county official newspaper is sufficient. Such advertisements shall be published at least once at least thirteen days prior to the last date upon which bids will be received. (5) The bids shall be in writing, shall be filed with the clerk, shall be opened and read in public at the time and place named therefor in the advertisements, and after being opened, shall be filed for public inspection. No bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier’s check, or certified check in an amount equal to five percent of the amount of the bid proposed. (6) The contract for the public work shall be awarded to the lowest responsible bidder. Any or all bids may be rejected for good cause. The county legislative authority shall require from the successful bidder for such public work a contractor’s bond in the amount and with the conditions imposed by law. (7) If the bidder to whom the contract is awarded fails to enter into the contract and furnish the contractor’s bond as required within ten days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the county and the contract awarded to the next lowest and best bidder. The bid deposit of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor’s bond given by the successful bidder is accepted by the county legislative authority. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. (8) As limited by subsection (10) of this section, a county subject to these provisions may have public works performed by county employees in any annual or biennial budget period equal to a dollar value not exceeding ten percent of the public works construction budget, including any amount in a supplemental public works construction budget, over the budget period. Whenever a county subject to these provisions has had public works performed in any budget period up to the maximum permitted amount for that budget period, all remaining public works except emergency work under subsection (12) [Title 36 RCW—page 76] of this section within that budget period shall be done by contract pursuant to public notice and call for competitive bids as specified in subsection (3) of this section. The state auditor shall report to the state treasurer any county subject to these provisions that exceeds this amount and the extent to which the county has or has not reduced the amount of public works it has performed by public employees in subsequent years. (9) If a county subject to these provisions has public works performed by public employees in any budget period that are in excess of this ten percent limitation, the amount in excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that county in its next budget period. Ten percent of the motor vehicle fuel tax distributions to that county shall be withheld if two years after the year in which the excess amount of work occurred, the county has failed to so reduce the amount of public works that it has performed by public employees. The amount withheld shall be distributed to the county when it has demonstrated in its reports to the state auditor that the amount of public works it has performed by public employees has been reduced as required. (10) In addition to the percentage limitation provided in subsection (8) of this section, counties subject to these provisions containing a population of four hundred thousand or more shall not have public employees perform a public works project in excess of ninety thousand dollars if more than a single craft or trade is involved with the public works project, or a public works project in excess of forty-five thousand dollars if only a single craft or trade is involved with the public works project. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by public employees on a single project. The cost of a separate public works project shall be the costs of materials, supplies, equipment, and labor on the construction of that project. The value of the public works budget shall be the value of all the separate public works projects within the budget. (11) In addition to the accounting and recordkeeping requirements contained in chapter 39.04 RCW, any county which uses public employees to perform public works projects under RCW 36.32.240(1) shall prepare a year-end report to be submitted to the state auditor indicating the total dollar amount of the county’s public works construction budget and the total dollar amount for public works projects performed by public employees for that year. The year-end report submitted pursuant to this subsection to the state auditor shall be in accordance with the standard form required by RCW 43.09.205. (12) Notwithstanding any other provision in this section, counties may use public employees without any limitation for emergency work performed under an emergency declared pursuant to RCW 36.32.270, and any such emergency work shall not be subject to the limitations of this section. Publication of the description and estimate of costs relating to correcting the emergency may be made within seven days after the commencement of the work. Within two weeks of the finding that such an emergency existed, the county legislative authority shall adopt a resolution certifying the damage to (2010 Ed.) County Commissioners public facilities and costs incurred or anticipated relating to correcting the emergency. Additionally this section shall not apply to architectural and engineering or other technical or professional services performed by public employees in connection with a public works project. (13) In lieu of the procedures of subsections (3) through (11) of this section, a county may let contracts using the small works roster process provided in RCW 39.04.155. Whenever possible, the county shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section. (14) The allocation of public works projects to be performed by county employees shall not be subject to a collective bargaining agreement. (15) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW. (16) Nothing in this section prohibits any county from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused. (17) This section does not apply to contracts between the public stadium authority and a team affiliate under RCW 36.102.060(4), or development agreements between the public stadium authority and a team affiliate under RCW 3 6 . 1 0 2 . 0 6 0 ( 7 ) o r l ea s e s e n t e r e d i n t o u n d e r R C W 36.102.060(8). [2009 c 229 § 6; 2000 c 138 § 206; 1997 c 220 § 401 (Referendum Bill No. 48, approved June 17, 1997); 1996 c 219 § 2.] Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.155. Referendum—Other legislation limited—Legislators’ personal intent not indicated—Reimbursements for election—Voters’ pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803. Additional notes found at www.leg.wa.gov 36.32.240 Competitive bids—Purchasing department—Counties with a population of less than four hundred thousand. (1) In any county the county legislative authority may by resolution establish a county purchasing department. (2) In each county with a population of less than four hundred thousand which exercises this option, the purchasing department shall contract on a competitive basis for all public works, enter into leases of personal property on a competitive basis, and purchase all supplies, materials, and equipment, on a competitive basis, for all departments of the county, as provided in this chapter and chapter 39.04 RCW, except that the county purchasing department is not required to make purchases for the county hospital, or make purchases that are paid from the county road fund or equipment rental and revolving fund. [2009 c 229 § 7; 1996 c 219 § 1; 1993 c 198 § 5; 1991 c 363 § 57; 1985 c 169 § 8; 1983 c 3 § 77; 1974 ex.s. c 52 § 1; 1967 ex.s. c 144 § 15; 1963 c 4 § 36.32.240. Prior: 1961 c 169 § 1; 1949 c 33 § 1; 1945 c 61 § 1; Rem. Supp. 1949 § 10322-15.] 36.32.240 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Additional notes found at www.leg.wa.gov (2010 Ed.) 36.32.250 36.32.245 Competitive bids—Requirements— Advertisements—Exceptions. (1) No contract for the purchase of materials, equipment, or supplies may be entered into by the county legislative authority or by any elected or appointed officer of the county until after bids have been submitted to the county. Bid specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection. An advertisement shall be published in the official newspaper of the county stating the time and place where bids will be opened, the time after which bids will not be received, the materials, equipment, supplies, or services to be purchased, and that the specifications may be seen at the office of the clerk of the county legislative authority. The advertisement shall be published at least once at least thirteen days prior to the last date upon which bids will be received. (2) The bids shall be in writing and filed with the clerk. The bids shall be opened and read in public at the time and place named in the advertisement. Contracts requiring competitive bidding under this section may be awarded only to the lowest responsible bidder. Immediately after the award is made, the bid quotations shall be recorded and open to public inspection and shall be available by telephone inquiry. Any or all bids may be rejected for good cause. (3) For advertisement and formal sealed bidding to be dispensed with as to purchases between five thousand and twenty-five thousand dollars, the county legislative authority must use the uniform process to award contracts as provided in RCW 39.04.190. Advertisement and formal sealed bidding may be dispensed with as to purchases of less than five thousand dollars upon the order of the county legislative authority. (4) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW; or contracts and purchases for the printing of election ballots, voting machine labels, and all other election material containing the names of candidates and ballot titles. (5) Nothing in this section shall prohibit the legislative authority of any county from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused. (6) This section does not apply to contracting for public defender services by a county. [2007 c 88 § 1. Prior: 1993 c 233 § 1; 1993 c 198 § 7; 1991 c 363 § 62.] 36.32.245 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 36.32.250 Competitive bids—Contract procedure— Contracts under forty thousand dollars—Small works roster process. No contract for public works may be entered into by the county legislative authority or by any elected or appointed officer of the county until after bids have been submitted to the county upon specifications therefor. Such specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection. An advertisement shall be published in the county official newspaper stating the time and place where bids will be opened, the time after which bids will not be received, the character of the work to be done, the materials and equipment to be furnished, and that specifications therefor may be seen at the 36.32.250 [Title 36 RCW—page 77] 36.32.253 Title 36 RCW: Counties office of the clerk of the county legislative authority. An advertisement shall also be published in a legal newspaper of general circulation in or as near as possible to that part of the county in which such work is to be done. If the county official newspaper is a newspaper of general circulation covering at least forty percent of the residences in that part of the county in which such public works are to be done, then the publication of an advertisement of the applicable specifications in the county official newspaper shall be sufficient. Such advertisements shall be published at least once at least thirteen days prior to the last date upon which bids will be received. The bids shall be in writing, shall be filed with the clerk, shall be opened and read in public at the time and place named therefor in the advertisements, and after being opened, shall be filed for public inspection. No bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier’s check, or certified check in an amount equal to five percent of the amount of the bid proposed. The contract for the public work shall be awarded to the lowest responsible bidder. Any or all bids may be rejected for good cause. The county legislative authority shall require from the successful bidder for such public work a contractor’s bond in the amount and with the conditions imposed by law. If the bidder to whom the contract is awarded fails to enter into the contract and furnish the contractor’s bond as required within ten days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the county and the contract awarded to the next lowest and best bidder. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. The bid deposit of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor’s bond given by the successful bidder is accepted by the county legislative authority. In the letting of any contract for public works involving less than forty thousand dollars, advertisement and competitive bidding may be dispensed with on order of the county legislative authority. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. As an alternative to requirements under this section, a county may let contracts using the small works roster process under RCW 39.04.155. This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW. [2009 c 229 § 8; 2000 c 138 § 207; 1996 c 18 § 3; 1993 c 198 § 8; 1991 c 363 § 58. Prior: 1989 c 431 § 57; 1989 c 244 § 6; prior: 1985 c 369 § 1; 1985 c 169 § 9; 1977 ex.s. c 267 § 1; 1975 1st ex.s. c 230 § 1; 1967 ex.s. c 144 § 16; 1967 c 97 § 1; 1965 c 113 § 1; 1963 c 4 § 36.32.250; prior: 1945 c 61 § 2; Rem. Supp. 1945 § 10322-16.] Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.155. Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Subcontractors to be identified by bidder, when: RCW 39.30.060. Additional notes found at www.leg.wa.gov [Title 36 RCW—page 78] 36.32.253 Competitive bids—Leases of personal property. No lease of personal property may be entered into by the county legislative authority or by any elected or appointed officer of the county except upon use of the procedures specified in this chapter and chapter 39.04 RCW for awarding contracts for purchases when it leases personal property from the lowest responsible bidder. [1993 c 198 § 6; 1991 c 363 § 63.] 36.32.253 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 36.32.256 Competitive bids—Multiple awards for road maintenance materials. A county when calling for competitive bids for the procurement of road maintenance materials may award to multiple bidders for the same commodity when the bid specifications provide for the factors of haul distance to be included in the determination of which vendor is truly the lowest price to the county. The county may readvertise for additional bidders and vendors if it deems it necessary in the public interest. [1991 c 363 § 61.] 36.32.256 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 36.32.260 Competitive bids—Purchasing agent. In any county having a purchasing department the board of county commissioners shall appoint a county purchasing agent, who shall be the head of such purchasing department. The county purchasing agent shall have had previous purchasing experience as purchasing agent of a commercial, industrial, institutional, or governmental plant or agency, and shall be placed under such bond as the board may require. The board may establish a central storeroom or storerooms in charge of the county purchasing agent in which supplies and equipment may be stored and issued upon proper requisition by department heads. The purchasing agent shall be responsible for maintaining perpetual inventories of supplies and equipment and shall at least yearly, or oftener when so required by the board, report to the county commissioners a balancing of the inventory record with the actual amount of supplies or equipment on hand. [1963 c 4 § 36.32.260. Prior: 1961 c 169 § 2; 1945 c 61 § 3; Rem. Supp. 1945 § 10322-17.] 36.32.260 36.32.265 Competitive bids—Inapplicability to certain agreements relating to water pollution control, solid waste handling facilities. RCW 36.32.240, 36.32.250, and 36.32.260 do not apply to the selection of persons or entities to construct or develop water pollution control facilities or to provide water pollution control services under RCW 70.150.040 or the selection of persons or entities to construct or develop solid waste handling facilities or to provide solid waste handling services under RCW 36.58.090. [1989 c 399 § 8; 1987 c 436 § 9.] 36.32.265 36.32.270 Competitive bids—Exemptions. The county legislative authority may waive the competitive bidding requirements of this chapter pursuant to RCW 39.04.280 if an exemption contained within that section applies to the purchase or public work. [1998 c 278 § 4; 1963 c 4 § 36.32.270. Prior: 1961 c 169 § 3; 1945 c 61 § 4; Rem. Supp. 1945 § 10322-18.] 36.32.270 (2010 Ed.) County Commissioners 36.32.280 36.32.280 Regulation of watercourses. The state in the exercise of its sovereign and police power authorizes any county alone or acting jointly with any other county to regulate and control the flow of waters, both navigable and nonnavigable, within such county or counties, for the purpose of preventing floods which may threaten or cause damage, public or private. [1963 c 4 § 36.32.280. Prior: 1921 c 30 § 1; RRS § 4057-1.] 36.32.290 36.32.290 Regulation of watercourses—Removal of obstructions. When the board of county commissioners of any county deems it essential to the public interest for flood prevention purposes it may remove drifts, jams, logs, debris, gravel, earth, stone or bars forming obstructions to the stream, or other material from the beds, channels, and banks of watercourses in any manner deemed expedient, including the deposit thereof on bars not forming obstructions to the stream, or on subsidiary or high water channels of such watercourses. [1963 c 4 § 36.32.290. Prior: 1921 c 30 § 2; RRS § 4057-2.] 36.32.300 36.32.300 Regulation of watercourses—Trees may be removed from river banks. When any forest trees are situated upon the bank of any watercourse or so close thereto as to be in danger of falling into it, the owner or occupant of any of the premises shall be notified to remove them forthwith. The notice shall be based upon a resolution or order of the county commissioners and may be given by mail to the last known address of the owner or occupant. If the trees are not removed within ten days after the date of the notice, the county may thereupon fell them. [1963 c 4 § 36.32.300. Prior: 1921 c 30 § 3; RRS § 4057-3.] 36.32.310 36.32.310 Compensation for extra services. Whenever a member of the board of county commissioners of any county has a claim for compensation for per diem and expenses for attendance upon any special session of the board or a claim for compensation for extra services or expenses incurred as such commissioners, including services performed as road commissioner, the claim shall be verified by him or her and after being approved by a majority of the board of county commissioners of the county shall be filed with the clerk of the superior court and be approved by a judge of the superior court of such county or any superior court judge holding court in such county. The judge may make such investigation as he or she deems necessary to determine the correctness of the claim and may, after such investigation, approve or reject any part of such claim. If the judge so approve the claim or any part thereof the same shall be certified by the clerk under the seal of his or her office and be returned to the county auditor who shall draw a warrant therefor. The court shall not be required oftener than once in each month to pass upon such claims and it may fix a time in each month by general order filed with the clerk of the board of county commissioners on or before which such claims must be filed with the clerk of the court. [2009 c 549 § 4067; 1963 c 4 § 36.32.310. Prior: 1921 c 100 § 1; 1911 c 66 § 1; RRS § 4053.] (2010 Ed.) 36.32.350 36.32.330 Appeals from board’s action. Any person may appeal to the superior court from any decision or order of the board of county commissioners. Such appeal shall be taken within twenty days after the decision or order, and the appellant shall within that time serve notice of appeal on the county commissioners. The notice shall be in writing and shall be delivered to at least one of the county commissioners personally, or left with the county auditor. The appellant shall, within ten days after service of the notice of appeal give a bond to the county with one or more sureties, to be approved by the county auditor, conditioned for the payment of all costs which shall be adjudged against him or her on such appeal in the superior court. The practice regulating appeals from and writs of certiorari to justice’s courts shall, insofar as applicable, govern in matters of appeal from a decision or order of the board of county commissioners. Nothing herein contained shall be construed to prevent a party having a claim against any county in this state from enforcing the collection thereof by civil action in any court of competent jurisdiction after the same has been presented to and filed as provided by law and disallowed in whole or in part by the board of county commissioners of the proper county. Such action must, however, be commenced within the time limitation provided in *RCW 36.45.030. [2009 c 549 § 4068; 1963 c 4 § 36.32.330. Prior: 1957 c 224 § 5; 1893 c 121 § 1; Code 1881 § 2695; 1869 p 308 § 29; 1867 p 57 § 29; 1863 p 545 § 30; 1854 p 423 § 24; RRS § 4076. Cf. 1879 p 143 §§ 1, 2.] 36.32.330 *Reviser’s note: RCW 36.45.030 was repealed by 1993 c 449 § 13. 36.32.335 Coordination of county administrative programs—Legislative declaration. The public necessity for the coordination of county administrative programs, especially in the fields of highways and social security, be and is hereby recognized. [1963 c 4 § 36.32.335. Prior: 1939 c 188 § 1; RRS § 4077-2.] 36.32.335 36.32.340 Coordination of county administrative programs—Duties incident to. The county commissioners shall take such action as is necessary to effect coordination of their administrative programs and prepare reports annually on the operations of all departments under their jurisdiction. [1998 c 245 § 27; 1963 c 4 § 36.32.340. Prior: 1939 c 188 § 2; RRS § 4077-3.] 36.32.340 36.32.350 Coordination of county administrative programs—Coordinating agency—Agency reimbursement. County legislative authorities may designate the Washington state association of counties as a coordinating agency in the execution of duties imposed by RCW 36.32.335 through 36.32.360 and reimburse the association from county current expense funds in the county legislative authority’s budget for the costs of any such services rendered. Such reimbursement shall be paid on vouchers submitted to the county auditor and approved by the county legislative authority in the manner provided for the disbursement of other current expense funds and the vouchers shall set forth the nature of the service rendered, supported by affidavit that the service has actually been performed. [1991 c 363 § 59; 1973 1st ex.s. c 195 § 30; 1971 ex.s. c 85 § 3; 1970 ex.s. c 47 36.32.350 [Title 36 RCW—page 79] 36.32.360 Title 36 RCW: Counties § 1; 1963 c 4 § 36.32.350. Prior: 1947 c 49 § 1; 1939 c 188 § 3; Rem. Supp. 1947 § 4077-4.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Associations of municipal corporations or municipal officers to furnish information to legislature and governor: RCW 44.04.170. Merger of state association of counties with state association of county officials: RCW 36.47.070. Winter recreation advisory committee, representative of association of counties as member: RCW 79A.05.255. Additional notes found at www.leg.wa.gov 36.32.360 Coordination of county administrative programs—Attendance at conventions authorized. County commissioners are hereby authorized to take such other and further action as may be deemed necessary to the compliance with the intent of RCW 36.32.335 through 36.32.360, including attendance at such state or district meetings as may be required to formulate the reports directed in RCW 36.32.340. [1963 c 4 § 36.32.360. Prior: 1939 c 188 § 4; RRS § 4077-5.] 36.32.360 36.32.370 Land surveys. Except as otherwise provided in this title, the board of county commissioners, through a surveyor employed by it shall execute all surveys of land that may be required by the county. The certificate of the surveyor so employed of any survey made of lands within the county shall be presumptive evidence of the facts therein contained. [1963 c 4 § 36.32.370. Prior: (i) 1895 c 77 § 3; RRS § 4144. (ii) 1895 c 77 § 4; RRS § 4145.] priate resolution, authorize their respective counties to pay all or any portion of the cost thereof. Nothing in this section shall impair the eligibility of any employee of a county, municipality, or other political subdivision under RCW 41.04.205. [1991 sp.s. c 30 § 21; 1975-’76 2nd ex.s. c 106 § 7; 1963 c 4 § 36.32.400. Prior: 1957 c 106 § 1; 1955 c 51 § 1.] Additional notes found at www.leg.wa.gov 36.32.410 36.32.410 Participation in Economic Opportunity Act programs. The board of county commissioners of any county is hereby authorized and empowered in its discretion by resolution or ordinance passed by a majority of the board, to take whatever action it deems necessary to enable the county to participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat. 508), as amended. Such participation may be engaged in as a sole county operation or in conjunction or cooperation with the state, any other county, city, or municipal corporation, or any private corporation qualified under said Economic Opportunity Act. [1971 ex.s. c 177 § 1; 1965 c 14 § 1.] 36.32.370 36.32.380 Land surveys—Record of surveys. Except as otherwise provided in this title, the board of county commissioners shall cause to be recorded in a suitable book all surveys except such as are made for a temporary purpose. The record book shall be so constructed as to have one page for diagrams to be numbered progressively and the opposite page for notes and remarks; no diagram shall be so constructed as to scale less than one inch to twenty chains. [1963 c 4 § 36.32.380. Prior: 1895 c 77 § 5; RRS § 4150.] 36.32.380 36.32.390 Nonmonthly employees, vacations and sick leaves. Each employee of any county in this state who is employed on an hourly or per diem basis, who shall have worked fifteen hundred hours or more in any one year may in the discretion of the board of county commissioners be given the same vacations and sick leaves as are provided for the employees of the county employed on a monthly basis. [1963 c 4 § 36.32.390. Prior: 1951 c 187 § 1.] 36.32.390 36.32.400 Health care and group insurance. Subject to chapter 48.62 RCW, any county by a majority vote of its board of county commissioners may enter into contracts to provide health care services and/or group insurance for the benefit of its employees, and may pay all or any part of the cost thereof. Any two or more counties, by a majority vote of their respective boards of county commissioners may, if deemed expedient, join in the procuring of such health care services and/or group insurance, and the board of county commissioners of each participating county may, by appro36.32.400 [Title 36 RCW—page 80] 36.32.415 36.32.415 Low-income housing—Loans and grants. A county may assist in the development or preservation of publicly or privately owned housing for persons of low income by providing loans or grants of general county funds to the owners or developers of the housing. The loans or grants shall be authorized by the legislative authority of a county. They may be made to finance all or a portion of the cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or family of low income. As used in this section, "low income" means income that does not exceed eighty percent of the median income for the standard metropolitan statistical area in which the county is located. Housing constructed with loans or grants made under this section shall not be considered public works or improvements subject to competitive bidding or a purchase of services subject to the prohibition against advance payment for services: PROVIDED, That whenever feasible the borrower or grantee shall make every reasonable and practicable effort to utilize a competitive public bidding process. [1986 c 248 § 2.] 36.32.420 36.32.420 Youth agencies—Establishment authorized. See RCW 35.21.630. 36.32.425 36.32.425 Juvenile curfews. (1) The legislative authority of any county has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours. (2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance. [1994 sp.s. c 7 § 504.] Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. (2010 Ed.) County Commissioners 36.32.430 Parks, may designate name of. The board of county commissioners is authorized to designate the name of any park established by the county. [1965 ex.s. c 76 § 3.] 36.32.430 Acquisition of property for park, recreational, viewpoint, greenbelt