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2010 Revised Code of Washington Volume 5: Titles 35A through 42
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VOLUME 5
Titles 35A through 42
2010
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2010 special session which
adjourned April 13, 2010.
(2010 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2010 Edition
©
2010 State of Washington
CERTIFICATE
The 2010 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
MARTY BROWN, Chair
STATUTE LAW COMMITTEE
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For recycling information call:
Recycle Hotline
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[Preface—p ii]
(2010 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and allows for new sections to be inserted between old sections already consecutively
numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections
have been numbered by tens (.010, .020, .030, .040, etc.), leaving vacant numbers between existing sections so that
new sections may be inserted without extension of the section number beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of
a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source,
but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in
the concluding segments of the source note of each section of the code so affected. The legislative source of each
section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23
§ 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior"
indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the
parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. A separate index is provided for the
State Constitution.
Sections repealed or decodified; Disposition table: Information concerning RCW sections repealed or
decodified can be found in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1999 or later) consult the codification tables. A complete codification table, including Remington’s Revised Statutes, is on the Code
Reviser web site at https://www.leg.wa.gov/codereviser.
Notes: Notes that are more than ten years old have been removed from the print publication of the RCW
except when retention has been deemed necessary to preserve the full intent of the law. All notes are displayed in
the electronic copy of the RCW on the Code Reviser web site at https://www.leg.wa.gov/codereviser.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, it is inevitable that in so large
a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in
particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box
40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication.
(2010 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
73
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions
Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p iv]
(2010 Ed.)
Title 35A
Title 35A
OPTIONAL MUNICIPAL CODE
Chapters
35A.01 Interpretation of terms.
35A.02 Procedure for incorporated municipality to
become a noncharter code city.
35A.03 Incorporation as noncharter code city.
35A.05 Consolidation of code cities.
35A.06 Adoption and abandonment of noncharter
code city classification or plan of government.
35A.07 Procedure for city operating under charter to
become a charter code city.
35A.08
Procedure for adoption of charter as charter
code city.
35A.09 Amendment or revision of charters of charter
code cities.
35A.10 Adoption and abandonment of charter code
city classification.
35A.11 Laws governing noncharter code cities and
charter code cities—Powers.
35A.12 Mayor-council plan of government.
35A.13
Council-manager plan of government.
35A.14 Annexation by code cities.
35A.15 Disincorporation.
35A.16 Reduction of city limits.
35A.21 Provisions affecting all code cities.
35A.24 Aeronautics.
35A.27 Libraries, museums, and historical activities.
35A.28 Schools.
35A.29 Municipal elections in code cities.
35A.31 Accident claims and funds.
35A.33 Budgets in code cities.
35A.34 Biennial budgets.
35A.35 Intergovernmental relations.
35A.36 Execution of bonds by proxy in code cities.
35A.37 Funds, special purpose.
35A.38
Emergency services.
35A.39 Public documents and records.
35A.40 Fiscal provisions applicable to code cities.
35A.41 Public employment.
35A.42 Public officers and agencies, meetings, duties
and powers.
35A.43 Local improvements in code cities.
35A.44 Census.
35A.46 Motor vehicles.
35A.47 Highways and streets.
35A.49 Labor and safety regulations.
35A.56 Local service districts.
35A.57 Inclusion of code cities in metropolitan municipal corporations.
35A.58
Boundaries and plats.
35A.60 Liens.
35A.63 Planning and zoning in code cities.
35A.64 Public property, real and personal.
35A.65 Publication and printing.
35A.66 Health and safety—Alcohol.
35A.67 Recreation and parks.
35A.68 Cemeteries and morgues.
35A.69 Food and drug.
35A.70 Health and safety.
(2010 Ed.)
35A.74
35A.79
35A.80
35A.81
35A.82
35A.84
35A.88
35A.90
35A.92
Welfare.
Property and materials.
Public utilities.
Public transportation.
Taxation—Excises.
Taxation—Property.
Harbors and navigation.
Construction.
Fire departments—Performance measures.
Acquisition of open space, land, or rights to future development by counties,
cities, or metropolitan municipal corporations, tax levy: RCW
84.34.200 through 84.34.240, 84.52.010. See also RCW 64.04.130.
Boundary review board, extension of water and sewer service beyond corporate boundaries to go before: RCW 36.93.090.
Credit card use by local governments: RCW 43.09.2855.
Labor relations consultants: RCW 43.09.230.
Local adopt-a-highway programs: RCW 47.40.105.
Municipal business and occupation tax: Chapter 35.102 RCW.
Municipalities—Energy audits and efficiency: RCW 43.19.691.
Pollution control—Municipal bonding authority: Chapter 70.95A RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
School districts agreements with other governmental entities for transportation of students or the public or for other noncommon school purposes—Limitations: RCW 28A.160.120.
Senior citizens programs—Authorization to establish and administer: RCW
36.39.060.
Tourism promotion areas: Chapter 35.101 RCW.
Chapter 35A.01
Chapter 35A.01 RCW
INTERPRETATION OF TERMS
Sections
35A.01.010
35A.01.020
35A.01.030
35A.01.035
35A.01.040
35A.01.050
35A.01.060
35A.01.070
Purpose and policy of this title—Interpretation.
Noncharter code city.
Charter code city.
Code city.
Sufficiency of petitions.
The general law.
Optional municipal code—This title.
Definitions—Change of plan or classification of municipal
government.
35A.01.900 Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
35A.01.010 Purpose and policy of this title—Interpretation. The purpose and policy of this title is to confer
upon two optional classes of cities created hereby the broadest powers of local self-government consistent with the Constitution of this state. Any specific enumeration of municipal
powers contained in this title or in any other general law shall
not be construed in any way to limit the general description of
power contained in this title, and any such specifically enumerated powers shall be construed as in addition and supplementary to the powers conferred in general terms by this title.
All grants of municipal power to municipalities electing to be
governed under the provisions of this title, whether the grant
35A.01.010
[Title 35A RCW—page 1]
35A.01.020
Title 35A RCW: Optional Municipal Code
is in specific terms or in general terms, shall be liberally construed in favor of the municipality. [1967 ex.s. c 119 §
35A.01.010.]
35A.01.020
35A.01.020 Noncharter code city. A noncharter code
city is one, regardless of population, which has initially
incorporated as a noncharter code city, subject to the provisions of this title, or is an incorporated municipality which
has elected, under the procedure prescribed in this title, to be
classified as a noncharter code city and to be governed
according to the provisions of this title under one of the
optional forms of government provided for noncharter code
cities. [1967 ex.s. c 119 § 35A.01.020.]
35A.01.030
35A.01.030 Charter code city. A charter code city is
one having at least ten thousand inhabitants at the time of its
organization or reorganization which has either initially
incorporated as a charter code city and has adopted a charter
under the procedure prescribed in this title; or which, as an
incorporated municipality, has elected to be classified as a
charter code city and to be governed according to the provisions of this title and of its adopted charter. [1967 ex.s. c 119
§ 35A.01.030.]
35A.01.035
35A.01.035 Code city. The term "code city" means any
noncharter code city or charter code city. [1967 ex.s. c 119 §
35A.01.035.]
35A.01.040
35A.01.040 Sufficiency of petitions. Wherever in this
title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages
containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as
one petition and containing the following essential elements
when applicable, except that the elements referred to in (d)
and (e) of this subsection are essential for petitions referring
or initiating legislative matters to the voters, but are directory
as to other petitions:
(a) The text or prayer of the petition which shall be a
concise statement of the action or relief sought by petitioners
and shall include a reference to the applicable state statute or
city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true
copy thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and
if practical, a map of the area;
(d) Numbered lines for signatures with space provided
beside each signature for the name and address of the signer
and the date of signing;
(e) The warning statement prescribed in subsection (2) of
this section.
(2) Petitions shall be printed or typed on single sheets of
white paper of good quality and each sheet of petition paper
having a space thereon for signatures shall contain the text or
prayer of the petition and the following warning:
[Title 35A RCW—page 2]
WARNING
Every person who signs this petition with any other
than his or her true name, or who knowingly signs
more than one of these petitions, or signs a petition
seeking an election when he or she is not a legal
voter, or signs a petition when he or she is otherwise
not qualified to sign, or who makes herein any false
statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the
signer and the date of signing.
(3) The term "signer" means any person who signs his or
her own name to the petition.
(4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the
case may be, in the number required by the applicable statute
or ordinance. Within three working days after the filing of a
petition, the officer with whom the petition is filed shall
transmit the petition to the county auditor for petitions signed
by registered voters, or to the county assessor for petitions
signed by property owners for determination of sufficiency.
The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the
officer receiving the petition for filing a certificate stating the
date upon which such determination was begun, which date
shall be referred to as the terminal date. Additional pages of
one or more signatures may be added to the petition by filing
the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his
or her signature by a written request for withdrawal filed with
the receiving officer prior to such terminal date. Such written
request shall so sufficiently describe the petition as to make
identification of the person and the petition certain. The
name of any person seeking to withdraw shall be signed
exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date,
the signature of any person seeking such withdrawal shall be
deemed withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
(6) A variation on petitions between the signatures on the
petition and that on the voter’s permanent registration caused
by the substitution of initials instead of the first or middle
names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
(7) Signatures, including the original, of any person who
has signed a petition two or more times shall be stricken.
(8) Signatures followed by a date of signing which is
more than six months prior to the date of filing of the petition
shall be stricken.
(9) When petitions are required to be signed by the owners of property, the determination shall be made by the
county assessor. Where validation of signatures to the petition is required, the following shall apply:
(a) The signature of a record owner, as determined by the
records of the county auditor, shall be sufficient without the
signature of his or her spouse;
(2010 Ed.)
Interpretation of Terms
(b) In the case of mortgaged property, the signature of
the mortgagor shall be sufficient, without the signature of his
or her spouse;
(c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of
the county auditor, shall be deemed sufficient, without the
signature of his or her spouse;
(d) Any officer of a corporation owning land within the
area involved who is duly authorized to execute deeds or
encumbrances on behalf of the corporation, may sign on
behalf of such corporation, and shall attach to the petition a
certified excerpt from the bylaws of such corporation showing such authority;
(e) When the petition seeks annexation, any officer of a
corporation owning land within the area involved, who is
duly authorized to execute deeds or encumbrances on behalf
of the corporation, may sign under oath on behalf of such corporation. If an officer signs the petition, he or she must attach
an affidavit stating that he or she is duly authorized to sign the
petition on behalf of such corporation;
(f) When property stands in the name of a deceased person or any person for whom a guardian has been appointed,
the signature of the executor, administrator, or guardian, as
the case may be, shall be equivalent to the signature of the
owner of the property; and
(g) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple
owners is sufficient.
(10) The officer or officers responsible for determining
the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed. [2008 c 196 § 2; 2003 c 331 § 9;
1996 c 286 § 7; 1985 c 281 § 26; 1967 ex.s. c 119 §
35A.01.040.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
Additional notes found at www.leg.wa.gov
35A.01.050 The general law. For the purposes of this
optional municipal code, "the general law" means any provision of state law, not inconsistent with this title, enacted
before or after the enactment of this title, which is by its terms
applicable or available to all cities or towns. Except when
expressly provided to the contrary, whenever in this optional
municipal code reference is made to "the general law", or to
specific provisions of the Revised Code of Washington, it
shall mean "the general law, or such specific provisions of the
Revised Code of Washington as now enacted or as the same
m a y h e r e a f ter be a m e n d e d " . [ 1 9 6 7 e x . s . c 1 1 9 §
35A.01.050.]
35A.01.050
35A.01.060 Optional municipal code—This title.
References contained in this title to "Optional Municipal
Code", "this title", "this code" or to any specific chapter, section, or provision thereof shall refer to the whole or appropriate part of Title 35A RCW, as now or hereafter amended.
[1967 ex.s. c 119 § 35A.01.060.]
35A.01.060
35A.01.070 Definitions—Change of plan or classification of municipal government. Where used in this title
35A.01.070
(2010 Ed.)
35A.01.900
with reference to procedures established by this title in regard
to a change of plan or classification of government, unless a
different meaning is plainly required by the context:
(1) "Classify" means a change from a city of the first or
second class, an unclassified city, or a town, to a code city.
(2) "Classification" means either that portion of the general law under which a city or a town operates under Title 35
RCW as a first or second-class city, unclassified city, or
town, or otherwise as a code city.
(3) "Organize" means to provide for officers after
becoming a code city, under the same general plan of government under which the city operated prior to becoming a code
city, pursuant to RCW 35A.02.055.
(4) "Organization" means the general plan of government under which a city operates.
(5) "Plan of government" means a mayor-council form
of government under chapter 35A.12 RCW, council-manager
form of government under chapter 35A.13 RCW, or a mayorcouncil, council-manager, or commission form of government in general that is retained by a noncharter code city as
provided in RCW 35A.02.130, without regard to variations in
the number of elective offices or whether officers are elective
or appointive.
(6) "Reclassify" means changing from a code city to the
classification, if any, held by such a city immediately prior to
becoming a code city.
(7) "Reclassification" means changing from city or town
operating under Title 35 RCW to a city operating under Title
35A RCW, or vice versa; a change in classification.
(8) "Reorganize" means changing the plan of government under which a city or town operates to a different general plan of government. A city or town shall not be deemed
to have reorganized simply by increasing or decreasing the
number of members of its legislative body.
(9) "Reorganization" means a change in general plan of
government under which a city operates, but an increase or
decrease in the number of members of its legislative body
shall not be deemed to constitute a reorganization. [2001 c 33
§ 1. Prior: 1994 c 223 § 24; 1994 c 81 § 66; 1979 ex.s. c 18
§ 1.]
Additional notes found at www.leg.wa.gov
35A.01.900
35A.01.900 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 80.]
[Title 35A RCW—page 3]
Chapter 35A.02
Chapter 35A.02
Title 35A RCW: Optional Municipal Code
Chapter 35A.02 RCW
PROCEDURE FOR INCORPORATED
MUNICIPALITY TO BECOME A
NONCHARTER CODE CITY
Sections
35A.02.010
35A.02.020
35A.02.025
35A.02.030
35A.02.035
35A.02.040
35A.02.050
35A.02.055
35A.02.060
35A.02.070
35A.02.080
35A.02.090
35A.02.120
35A.02.130
35A.02.140
Adoption of noncharter code city classification authorized.
Petition method—Direct.
Referendum.
Resolution method.
Referendum.
Certification of ordinance—Transcript of record to secretary
of state.
Election of new officers.
Election of new officers—Exception where same general plan
of government is retained.
Petition for election.
Resolution for election.
Election of officers upon approval of plan of government by
voters.
Alternative plan of government.
Effective date of reclassification and reorganization.
Adoption of classification of noncharter code city without
change of governmental plan.
Petition or resolution pending—Restriction—Exception.
Incorporation subject to approval by boundary review board: RCW
36.93.090.
cause such resolution to be published at least once in a newspaper of general circulation within the city or town not later
than ten days after the passage of the resolution. Upon the
expiration of the ninetieth day from, but excluding the date
of, first publication of the resolution, if no timely and sufficient referendum petition has been filed pursuant to RCW
35A.02.025, as now or hereafter amended, as determined by
RCW 35A.29.170, the legislative body at its next regular
meeting shall effect the decision of the inhabitants, as
expressed in the petition, by passage of an ordinance adopting for the city the classification of noncharter code city, and
if the petition also sought governmental reorganization by
adoption of one of the plans of government authorized for
noncharter code cities involving a different general plan of
government from that under which the city is operating, then
the legislative body shall provide at that time for such reorganization by ordinance and for election of all new officers pursuant to RCW 35A.02.050, as now or hereafter amended.
[1990 c 259 § 2; 1979 ex.s. c 18 § 3; 1967 ex.s. c 119 §
35A.02.020.]
Additional notes found at www.leg.wa.gov
35A.02.025 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170
signed by qualified electors in number equal to not less than
ten percent of the votes cast in the last general municipal
election, such resolution as authorized by RCW 35A.02.020
shall be referred to the voters for confirmation or rejection in
the next general municipal election if one is to be held within
one hundred and eighty days from the date of filing of the referendum petition, or at a special election to be called for that
purpose in accordance with *RCW 29.13.020. [1979 ex.s. c
18 § 4; 1967 ex.s. c 119 § 35A.02.025.]
35A.02.025
35A.02.010 Adoption of noncharter code city classification authorized. Any incorporated city or town may
become a noncharter code city in accordance with, and be
governed by, the provisions of this title relating to noncharter
code cities and may select one of the plans of government
authorized by this title. A city or town adopting and organizing under the optional municipal code shall not be deemed to
have reorganized and to have abandoned its existing general
plan of government, upon changing classification and
becoming a noncharter code city, solely because organizing
under a plan of government authorized in this title changes
the number of elective offices or changes the terms thereof,
or because an office becomes appointive rather than elective,
or because that city or town has come under the optional
municipal code, or because of any combination of these factors. [1979 ex.s. c 18 § 2; 1967 ex.s. c 119 § 35A.02.010.]
35A.02.010
Additional notes found at www.leg.wa.gov
35A.02.020 Petition method—Direct. When a petition
is filed, signed by registered voters of an incorporated city or
town, in number equal to not less than fifty percent of the
votes cast at the last general municipal election, seeking the
adoption by the city or town of the classification of noncharter code city, either under its existing authorized plan of government or naming one of the plans of government authorized for noncharter code cities, the county auditor shall
promptly proceed to determine the sufficiency of the petition
under the rules set forth in RCW 35A.01.040. If the petition
is found to be sufficient, the county auditor shall file with the
legislative body a certificate of sufficiency of the petition.
Thereupon the legislative body of such city or town shall, by
resolution, declare that the inhabitants of the city or town
have decided to adopt the classification of noncharter code
city and to be governed under the provisions of this title. If a
prayer for reorganization is included in the petition such resolution shall also declare that the inhabitants of the city or
town have decided to reorganize under the plan of government specified in the petition. The legislative body shall
35A.02.020
[Title 35A RCW—page 4]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Additional notes found at www.leg.wa.gov
35A.02.030 Resolution method. When a majority of
the legislative body of an incorporated city or town determines that it would serve the best interests and general welfare of such municipality to change the classification of such
city or town to that of noncharter code city, such legislative
body may, by resolution, declare its intention to adopt for the
city or town the classification of noncharter code city. If the
legislative body so determines, such resolution may also contain a declaration of intention to reorganize the municipal
government under one of the plans of government authorized
in this title, naming such plan; but it shall also be lawful for
the legislative body of any incorporated city or town which is
governed under a plan of government authorized prior to the
time this title takes effect to adopt for the city or town the
classification of noncharter code city while retaining the
same general plan of government under which such city or
town is then operating. Within ten days after the passage of
the resolution, the legislative body shall cause it to be published at least once in a newspaper of general circulation
within the city or town. Upon the expiration of the ninetieth
day from, but excluding the date of first publication of the
resolution, if no timely and sufficient referendum petition has
been filed pursuant to RCW 35A.02.035, as determined by
35A.02.030
(2010 Ed.)
Procedure for Incorporated Municipality to Become a Noncharter Code City
RCW 35A.29.170, the intent expressed in such resolution
shall at the next regular meeting of the legislative body be
effected by an ordinance adopting for the city or town the
classification of noncharter code city; and, if the resolution
includes a declaration of intention to reorganize, the legislative body shall provide at that time for such reorganization by
ordinance. [1979 ex.s. c 18 § 5; 1967 ex.s. c 119 §
35A.02.030.]
Additional notes found at www.leg.wa.gov
35A.02.035 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170
signed by qualified electors of an incorporated city or town in
number equal to not less than ten percent of the votes cast in
the last general municipal election, such resolution shall be
referred for approval or rejection by the voters at an election
as specified in RCW 35A.02.025. [1967 ex.s. c 119 §
35A.02.035.]
35A.02.035
35A.02.040 Certification of ordinance—Transcript
of record to secretary of state. When one or more ordinances are passed under RCW 35A.02.020 or 35A.02.030, as
now or hereafter amended, the clerk of the city or town shall
forward to the secretary of state a certified copy of any such
ordinance. Upon the filing in the office of the secretary of
state of a certified copy of an ordinance adopting the classification of noncharter code city, such city or town shall thereafter be classified as a noncharter code city; except that if
there is also filed with the secretary of state a certified copy
of an ordinance providing for reorganization of the municipal
government of such city or town under a different general
plan of government, such reclassification and reorganization
shall not be effective until the election, qualification, and
assumption of office under RCW 35A.02.050 as now or hereafter amended of at least a quorum of all new officers under
the plan of government so adopted. [1979 ex.s. c 18 § 6; 1970
ex.s. c 52 § 1; 1967 ex.s. c 119 § 35A.02.040.]
35A.02.040
Additional notes found at www.leg.wa.gov
35A.02.050 Election of new officers. The first election
of officers where required for reorganization under a different general plan of government newly adopted in a manner
provided in RCW 35A.02.020, 35A.02.030, 35A.06.030, or
35A.06.060, as now or hereafter amended, shall be at the next
general municipal election if one is to be held more than
ninety days but not more than one hundred and eighty days
after certification of a reorganization ordinance or resolution,
or otherwise at a special election to be held for that purpose
in accordance with *RCW 29.13.020. In the event that the
first election of officers is to be held at a general municipal
election, such election shall be preceded by a primary election pursuant to *RCW 29.21.010 and 29.13.070. In the event
that the first election of all officers is to be held at a special
election rather than at a general election, and notwithstanding
any provisions of any other law to the contrary, such special
election shall be preceded by a primary election to be held on
a date authorized by *RCW 29.13.010, and the persons nominated at that primary election shall be voted upon at the next
succeeding special election that is authorized by *RCW
29.13.010: PROVIDED, That in the event the ordinances
35A.02.050
(2010 Ed.)
35A.02.055
calling for reclassification or reclassification and reorganization under the provisions of Title 35A RCW have been filed
with the secretary of state pursuant to RCW 35A.02.040 in an
even-numbered year at least ninety days prior to a state general election then the election of new officers shall be concurrent with the state primary and general election and shall be
conducted as set forth in general election law.
Upon reorganization, candidates for all offices shall file
or be nominated for and successful candidates shall be
elected to specific council positions. The initial terms of
office for those elected at a first election of all officers shall
be as follows: (1) A simple majority of the persons who are
elected as councilmembers receiving the greatest numbers of
votes and the mayor in a city with a mayor-council plan of
government shall be elected to four-year terms of office, if
the election is held in an odd-numbered year, or three-year
terms of office, if the election is held in an even-numbered
year; and (2) the other persons who are elected as councilmembers shall be elected to two-year terms of office, if the
election is held in an odd-numbered year, or one-year terms
of office, if the election is held in an even-numbered year.
The newly elected officials shall take office immediately
when they are elected and qualified, but the length of their
terms of office shall be calculated from the first day of January in the year following the election. Thereafter, each person
elected as a councilmember or mayor in a city with a mayorcouncil plan of government shall be elected to a four-year
term of office. Each councilmember and mayor in a city with
a mayor-council plan of government shall serve until a successor is elected and qualified and assumes office as provided
in *RCW 29.04.170.
The former officers shall, upon the election and qualification of new officers, deliver to the proper officers of the
reorganized noncharter code city all books of record, documents and papers in their possession belonging to such
municipal corporation before the reorganization thereof.
[1994 c 223 § 25; 1979 ex.s. c 18 § 7; 1971 ex.s. c 251 § 1;
1970 ex.s. c 52 § 2; 1967 ex.s. c 119 § 35A.02.050.]
*Reviser’s note: RCW 29.13.020, 29.21.010, 29.13.070, 29.13.010,
and 29.04.170 were recodified as RCW 29A.04.330, 29A.52.210,
29A.04.310, 29A.04.320, and 29A.20.040, respectively, pursuant to 2003 c
111 § 2401, effective July 1, 2004. RCW 29A.04.310 and 29A.04.320 were
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.04.310 and 29A.04.320, see RCW 29A.04.311 and 29A.04.321, respectively.
Additional notes found at www.leg.wa.gov
35A.02.055 Election of new officers—Exception
where same general plan of government is retained.
Where a city elects to become a noncharter code city under
one of the optional plans of government provided in Title
35A RCW for code cities which involves the same general
plan of government as that under which the city operated
prior to the choice and where with the change in classification
the number of council positions in a city remains the same or
increases from five to seven, the procedures for the first election of officers which appear in RCW 35A.02.050 shall not
be followed. When membership in a city council remains the
same or is increased upon becoming a noncharter code city,
the terms of incumbent councilmembers shall not be affected.
If the number of councilmembers is increased from five to
seven, the city council shall, by majority vote, pursuant to
35A.02.055
[Title 35A RCW—page 5]
35A.02.060
Title 35A RCW: Optional Municipal Code
RCW 35A.12.050 and 35A.13.020, appoint two persons to
serve in these offices until the next municipal general election, at which election one person shall be elected for a twoyear term and one person shall be elected for a four-year
term.
A first election of all officers upon a change in classification to a noncharter code city is also not required where the
change in classification otherwise retains the same general or
specific plan of government and where the change in classification results in a decrease in the number of council positions
in a city.
If the membership in a city council is decreased from
seven to five members upon adopting the classification of
noncharter code city, this decrease in the number of councilmembers shall be determined in the following manner:
The councilmembers shall determine by lot which two council positions shall be eliminated upon the expiration of their
terms of office. The terms of the remaining councilmembers
shall not be affected. [2009 c 549 § 3001; 1979 ex.s. c 18 §
8.]
Additional notes found at www.leg.wa.gov
35A.02.060 Petition for election. When a petition
which is sufficient under the rules set forth in RCW
35A.01.040 is filed with the legislative body of an incorporated city or town, signed by qualified electors of such
municipality in number equal to not less than ten percent of
the votes cast at the last general municipal election, seeking
adoption by the city or town of the classification of noncharter code city and the reorganization of the city or town under
one of the plans of government authorized in this title, the
county auditor shall file with the legislative body thereof a
certificate of sufficiency of such petition. Thereupon, the legislative body shall cause such proposal to be submitted to the
voters at the next general municipal election if one is to be
held within one hundred eighty days after certification of the
sufficiency of the petition, or at a special election to be held
for that purpose not less than ninety days nor more than one
hundred and eighty days from such certification of sufficiency. Ballot titles for elections under this chapter shall be
prepared by the city attorney as provided in *RCW
35A.29.120. [1990 c 259 § 3; 19 67 ex.s. c 11 9 §
35A.02.060.]
35A.02.060
*Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92.
35A.02.070 Resolution for election. The legislative
body of an incorporated city or town may, by resolution, submit to the voters in the next general municipal election if one
is to be held within one hundred and eighty days after passage
of the resolution, or in a special election to be called for that
purpose not less than ninety days nor more than one hundred
and eighty days after passage of the resolution, a proposal
that the city or town adopt the classification of noncharter
code city and organize under one of the plans of government
authorized in this title, naming such plan. [1967 ex.s. c 119 §
35A.02.070.]
35A.02.070
35A.02.080 Election of officers upon approval of plan
of government by voters. If the majority of votes cast at an
election for organization under a plan provided in this title
35A.02.080
[Title 35A RCW—page 6]
favor the plan, the city or town shall elect in accordance with
RCW 35A.02.050 the officers for the positions created. The
former officers of the municipality shall, upon the election
and qualification of the new officers, deliver to the proper
officers of the new noncharter code city all books of record,
documents and papers in their possession belonging to such
municipal corporation before reorganization. [1971 ex.s. c
251 § 2; 1967 ex.s. c 119 § 35A.02.080.]
Additional notes found at www.leg.wa.gov
35A.02.090 Alternative plan of government. Proposals for each of the plans of government authorized by this title
may be placed on the ballots in the same election by timely
petition as provided in this chapter. When the ballot contains
alternative proposals for each of the plans of government the
ballot shall clearly state that voters may vote for only one of
the plans of government. [1971 ex.s. c 251 § 3; 1967 ex.s. c
119 § 35A.02.090.]
35A.02.090
Additional notes found at www.leg.wa.gov
35A.02.120 Effective date of reclassification and
reorganization. Upon the filing of the certified copy of the
resolution with the secretary of state, the county auditor shall
issue certificates of election to the successful candidates for
the offices under the plan of government for which a majority
of the votes were cast, and upon the issuance of such certificates, such city or town shall become a noncharter code city
governed under the plan of government chosen by the voters,
under the provisions of this title and with the powers conferred by this title. [1967 ex.s. c 119 § 35A.02.120.]
35A.02.120
35A.02.130 Adoption of classification of noncharter
code city without change of governmental plan. Any
incorporated city or town governed under a plan of government authorized prior to the time this title takes effect may
become a noncharter code city without changing such plan of
government by the use of the petition-for-election or resolution-for-election procedures provided in RCW 35A.02.060
and 35A.02.070 to submit to the voters a proposal that such
municipality adopt the classification of noncharter code city
while retaining its existing plan of government, and upon a
favorable vote on the proposal, such municipality shall be
classified as a noncharter code city and retain its old plan of
government, such reclassification to be effective upon the filing of the record of such election with the office of the secretary of state. Insofar as the provisions of *RCW 35A.02.100
and 35A.02.110 are applicable to an election on such a reclassification proposal they shall apply to such election. [1994 c
223 § 26; 1994 c 81 § 67; 1967 ex.s. c 119 § 35A.02.130.]
35A.02.130
*Reviser’s note: RCW 35A.02.100 and 35A.02.110 were repealed by
1994 c 223 § 92.
35A.02.140 Petition or resolution pending—Restriction—Exception. While proceedings are pending under any
petition or resolution relating to reclassification of a municipality or reorganization of the government thereof pursuant
to this chapter, no resolution shall be passed for the purpose
of initiating other such proceedings or submitting other such
proposals to the voters at an election thereunder; and no petition for reclassification or reorganization of such municipal35A.02.140
(2010 Ed.)
Incorporation As Noncharter Code City
ity shall be accepted for filing pending such proceedings,
except that a timely and sufficient petition seeking to place on
the ballot for such election a proposal for an alternative plan
of government authorized by this title, as provided in RCW
35A.02.090, may be filed and acted upon. [1967 ex.s. c 119
§ 35A.02.140.]
35A.06.030
ernment authorized by the legislature for submission to the
voters of a municipality or for adoption by resolution of the
legislative body thereof in the manner provided herein, and is
additional to the plans of government existing prior to the
time this title takes effect. [1967 ex.s. c 119 § 35A.06.010.]
35A.06.020
Chapter 35A.03 RCW
INCORPORATION AS NONCHARTER CODE CITY
Chapter 35A.03
Sections
35A.03.001 Actions subject to review by boundary review board.
35A.03.005 Incorporation to be governed by chapter 35.02 RCW.
35A.03.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.03 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 36.]
35A.03.001
35A.03.005 Incorporation to be governed by chapter
35.02 RCW. Noncharter code cities shall be incorporated as
provided in chapter 35.02 RCW. [1986 c 234 § 36.]
35A.03.005
35A.06.020 Laws applicable to noncharter code cities. The classifications of municipalities as first-class cities,
second-class cities, unclassified cities, and towns, and the
restrictions, limitations, duties, and obligations specifically
imposed by law upon such classes of cities and towns, shall
have no application to noncharter code cities, but every noncharter code city, by adopting such classification, has elected
to be governed by the provisions of this title, with the powers
granted hereby. However, any code city that retains its old
plan of government is subject to the laws applicable to that
old plan of government until the city abandons its old plan of
government and reorganizes and adopts a plan of government
under chapter 35A.12 or 35A.13 RCW. [1997 c 361 § 17;
1995 c 134 § 11. Prior: 1994 c 223 § 27; 1994 c 81 § 68; 1967
ex.s. c 119 § 35A.06.020.]
35A.06.030
Chapter 35A.05
Chapter 35A.05 RCW
CONSOLIDATION OF CODE CITIES
Sections
35A.05.001 Actions subject to review by boundary review board.
35A.05.005 Consolidation of code cities.
35A.05.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.05 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 37.]
35A.05.001
35A.05.005 Consolidation of code cities. Code cities
shall consolidate as provided in chapter 35.10 RCW. [1985 c
281 § 14.]
35A.05.005
Additional notes found at www.leg.wa.gov
Chapter 35A.06 RCW
ADOPTION AND ABANDONMENT OF
NONCHARTER CODE CITY CLASSIFICATION
OR PLAN OF GOVERNMENT
Chapter 35A.06
Sections
35A.06.010 Each optional plan of government declared complete form of
government.
35A.06.020 Laws applicable to noncharter code cities.
35A.06.030 Abandonment of plan of government of a noncharter code city.
35A.06.040 Abandonment—Resolution or petition for election.
35A.06.050 Abandonment—Election.
35A.06.060 Abandonment—Reorganization under plan adopted—Effective date.
35A.06.070 Abandonment of noncharter code city classification without
reorganization.
35A.06.010 Each optional plan of government
declared complete form of government. Each of the
optional plans of government authorized by chapter 35A.12
RCW and chapter 35A.13 RCW, with any amendments
thereto, is declared to be a complete and separate plan of gov35A.06.010
(2010 Ed.)
35A.06.030 Abandonment of plan of government of a
noncharter code city. By use of the resolution for election
or petition for election methods described in RCW
35A.06.040, any noncharter code city which has operated for
more than six consecutive years under one of the optional
plans of government authorized by this title, or for more than
a combined total of six consecutive years under a particular
plan of government both as a code city and under the same
general plan under Title 35 RCW immediately prior to
becoming a code city, may abandon such organization and
may reorganize and adopt another plan of government authorized for noncharter code cities, but only after having been a
noncharter code city for more than one year or a city after
operating for more than six consecutive years under a particular plan of government as a noncharter code city: PROVIDED, That these limitations shall not apply to a city seeking to adopt a charter.
In reorganization under a different general plan of government as a noncharter code city, officers shall serve the
remainder of their terms. If a city with a mayor-council plan
of government is reorganized with a council-manager plan of
government, the mayor shall serve as a councilmember for
the remainder of his or her term. If a city with a council-manager plan of government is reorganized with a mayor-council
plan of government, the mayor shall be elected as provided in
RCW 35A.02.050. When a noncharter code city adopts a plan
of government other than those authorized under Title 35A
RCW, such city ceases to be governed under this optional
municipal code, shall be classified as a city or town of the
class selected in the proceeding for adoption of such new
plan, with the powers granted to such class under the general
law, and shall elect officers as provided in RCW 35A.02.050.
[2001 c 33 § 2; 1994 c 223 § 28; 1994 c 81 § 69; 1979 ex.s. c
18 § 14; 1971 ex.s. c 251 § 13; 1967 ex.s. c 119 §
35A.06.030.]
Additional notes found at www.leg.wa.gov
[Title 35A RCW—page 7]
35A.06.040
Title 35A RCW: Optional Municipal Code
35A.06.040 Abandonment—Resolution or petition
for election. Upon the passage of a resolution of the legislative body of a noncharter code city, or upon the filing of a sufficient petition with the county auditor signed by registered
voters in number equal to not less than ten percent of the
votes cast at the last general municipal election therein, proposing abandonment by the city of the plan of government
under which it is then operating and adoption of another plan,
naming such plan, the sufficiency of the petition for abandonment shall be determined, an election ordered and conducted,
and the results declared generally as provided in chapter
35A.02 RCW insofar as such provisions are applicable. If the
resolution or petition proposes a plan of government other
than those authorized in chapters 35A.12 RCW and 35A.13
RCW of this title, the resolution or petition shall specify the
class under which such city will be classified upon adoption
of such plan. [1990 c 259 § 4; 1967 ex.s. c 119 §
35A.06.040.]
35A.06.040
Sufficiency of petition in code city: RCW 35A.01.040.
35A.06.050 Abandonment—Election. The proposal
for abandonment of a plan of government as authorized in
RCW 35A.06.030 and for adoption of the plan named in the
resolution or petition shall be voted upon at the next general
election in accordance with RCW 29A.04.330, or at a special
election held prior to the next general election in accordance
with the resolution of the legislative body. The ballot title
and statement of the proposition shall be prepared by the city
attorney as provided in RCW 35A.29.120. [2009 c 7 § 1;
2004 c 268 § 2; 1994 c 223 § 29; 1979 ex.s. c 18 § 15; 1967
ex.s. c 119 § 35A.06.050.]
35A.06.050
Effective date—2009 c 7: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 18, 2009]." [2009 c 7 § 2.]
Effective date—2004 c 268: "This act takes effect July 1, 2004." [2004
c 268 § 3.]
of such class. Such change of classification shall not affect
the then existing property rights or liabilities of the municipal
corporation. [2001 c 33 § 3; 1979 ex.s. c 18 § 16; 1967 ex.s.
c 119 § 35A.06.060.]
Additional notes found at www.leg.wa.gov
35A.06.070 Abandonment of noncharter code city
classification without reorganization. By means of the procedures set forth in this chapter, insofar as they apply, any
noncharter code city which has been governed under the provisions of this title for more than six years may abandon the
classification of noncharter code city and elect to be governed
under the general law relating to cities or towns of the classification held by such city immediately prior to becoming a
noncharter code city, if any, or relating to cities or towns of
the highest class for which it is qualified by population, with
the powers conferred by law upon such class, while retaining
the plan of government under which it is then organized. A
change of classification approved by a majority of the voters
voting on such proposition shall become effective upon the
filing of the record of such election with the office of the secretary of state. [1967 ex.s. c 119 § 35A.06.070.]
35A.06.070
Chapter 35A.07 RCW
PROCEDURE FOR CITY OPERATING UNDER
CHARTER TO BECOME A CHARTER CODE CITY
Chapter 35A.07
Sections
35A.07.010
35A.07.020
35A.07.025
35A.07.030
35A.07.035
35A.07.040
Adoption of charter code city classification authorized.
Petition method—Direct.
Referendum.
Resolution method.
Referendum.
Certification of ordinance—Transcript of record to secretary
of state.
35A.07.050 Petition for election.
35A.07.060 Resolution for election.
35A.07.070 Election on reclassification—Effective date of reclassification
upon favorable vote.
Additional notes found at www.leg.wa.gov
35A.07.010 Adoption of charter code city classification authorized. Any city having ten thousand inhabitants
which is governed under a charter may become a charter code
city by a procedure prescribed in this chapter and be governed under this title, with the powers conferred hereby.
[1967 ex.s. c 119 § 35A.07.010.]
35A.07.010
35A.06.060 Abandonment—Reorganization under
plan adopted—Effective date. If a majority of votes cast at
the election favor abandonment of the general plan of government under which the noncharter code city is then organized
and reorganization under the different general plan proposed
in the resolution or petition, the officers to be elected shall be
those prescribed by the plan of government so adopted, and
they shall be elected as provided in RCW 35A.06.030. If the
city is adopting a plan of government other than those authorized under this title, the officers shall be elected at the next
succeeding general municipal election. Upon the election,
qualification, and assumption of office by such officers the
reorganization of the government of such municipality shall
be complete and such municipality shall thereafter be governed under such plan. If the plan so adopted is not a plan
authorized for noncharter code cities, upon the election, qualification, and assumption of office by such officers the
municipality shall cease to be a noncharter code city governed under the provisions of this optional municipal code
and shall revert to the classification selected and shall be governed by the general laws relating to municipalities of such
class with the powers conferred by law upon municipalities
35A.06.060
[Title 35A RCW—page 8]
35A.07.020 Petition method—Direct. When a petition
is filed, signed by registered voters of a charter city in number
equal to not less than fifty percent of the votes cast at the last
general municipal election, seeking the adoption by the charter city of the classification of charter code city the legislative
body of such city shall direct the county auditor to determine
the sufficiency of the petition under the rules set forth in
RCW 35A.01.040. If the petition is found to be sufficient, the
county auditor shall file with the legislative body a certificate
of sufficiency of the petition. Thereupon the legislative body
of the charter city shall, by resolution, declare that the inhabitants of such city have decided to adopt the classification of
charter code city and to be governed under this title. The legislative body shall cause such resolution to be published at
least once in a newspaper of general circulation within the
city not later than ten days after the passage of the resolution.
35A.07.020
(2010 Ed.)
Procedure for Adoption of Charter as Charter Code City
Upon the expiration of the ninetieth day from, but excluding
the date of first publication of the resolution, if no timely and
sufficient referendum petition has been filed, as determined
by RCW 35A.29.170, the legislative body shall effect the
decision of the inhabitants, as expressed in the petition, by
passage of an ordinance adopting for the city the classification of charter code city. [1990 c 259 § 5; 1967 ex.s. c 119 §
35A.07.020.]
35A.07.025
35A.07.025 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170
signed by qualified electors in number equal to not less than
ten percent of the votes cast in the last general municipal
election, the resolution authorized by RCW 35A.07.020 shall
be referred to the voters for confirmation or rejection in the
next general municipal election, if one is to be held within
one hundred and eighty days from the date of filing of the referendum petition, or at a special election to be called for that
purpose not less than ninety days nor more than one hundred
and eighty days from the filing of such referendum petition.
[1967 ex.s. c 119 § 35A.07.025.]
35A.07.030
35A.07.030 Resolution method. When a majority of
the legislative body of a charter city determines that it would
serve the best interests and general welfare of such city to
become a charter code city, such legislative body may, by
resolution, declare its intention to adopt for the city the classification of charter code city and to be governed under the
provisions of this title, with the powers conferred hereby.
Within ten days after the passage of the resolution, the legislative body shall cause it to be published at least once in a
newspaper of general circulation within the city. Upon the
expiration of the ninetieth day from, but excluding the date of
first publication of the resolution, if no timely and sufficient
referendum petition has been filed, as determined by RCW
35A.29.170, the intent expressed in such resolution shall be
effected by passage of an ordinance adopting for the city the
classification of charter code city. [1967 ex.s. c 119 §
35A.07.030.]
35A.08.010
35A.07.050 Petition for election. When a petition
which is sufficient under the rules set forth in RCW
35A.01.040 is filed with the legislative body of a charter city,
signed by registered voters of such city in number equal to
not less than ten percent of the votes cast at the last general
municipal election, seeking adoption by the city of the classification of charter code city, the county auditor shall file with
the legislative body thereof a certificate of sufficiency of such
petition. Thereupon the legislative body shall cause such proposal to be submitted to the voters at the next general municipal election if one is to be held within one hundred eighty
days, or at a special election to be held for that purpose not
less than ninety days nor more than one hundred and eighty
days after the filing of such petition. Ballot titles for such
election shall be prepared by the city attorney as provided in
*RCW 35A.29.120. [1990 c 259 § 6; 1967 ex.s. c 119 §
35A.07.050.]
35A.07.050
*Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92.
35A.07.060 Resolution for election. The legislative
body of a charter city may, by resolution, submit to the voters
at an election held within the time period specified in RCW
35A.07.050 a proposal that the city adopt the classification of
charter code city and be governed under the provisions of this
title with the powers conferred hereby. [1967 ex.s. c 119 §
35A.07.060.]
35A.07.060
35A.07.070 Election on reclassification—Effective
date of reclassification upon favorable vote. Notice of
elections under this chapter shall be given, the election conducted, and the result declared generally as provided in chapter 35A.02 RCW, insofar as such provisions are applicable. If
a majority of votes cast on the proposition are in favor of
adoption of the classification of charter code city, upon the
certification of the record of election to the office of the secretary of state, such city shall become a charter code city and
shall be governed under the provisions of this title and have
the powers conferred on charter code cities. [1967 ex.s. c 119
§ 35A.07.070.]
35A.07.070
Chapter 35A.08 RCW
PROCEDURE FOR ADOPTION OF CHARTER AS
CHARTER CODE CITY
Chapter 35A.08
35A.07.035
35A.07.035 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170
signed by qualified electors in number equal to not less than
ten percent of the votes cast in the last general municipal
election, the resolution authorized by RCW 35A.07.030 shall
be referred to the voters for approval or rejection at an election as specified in RCW 35A.07.025. [1967 ex.s. c 119 §
35A.07.035.]
35A.07.040
35A.07.040 Certification of ordinance—Transcript
of record to secretary of state. When an ordinance is passed
as provided in RCW 35A.07.020 or 35A.07.030, the clerk of
the charter city shall forward to the secretary of state a certified copy thereof. Upon the filing of the certified copy of the
ordinance in the office of the secretary of state, such city shall
be classified as a charter code city and shall thereafter be governed under the provisions of this optional municipal code
and have the powers conferred hereby. [1967 ex.s. c 119 §
35A.07.040.]
(2010 Ed.)
Sections
35A.08.010
35A.08.020
35A.08.030
35A.08.040
35A.08.050
35A.08.060
35A.08.070
35A.08.080
35A.08.090
35A.08.100
35A.08.110
35A.08.120
Adoption of charter authorized.
Determining population.
Resolution or petition for election.
Election on question—Election of charter commission.
Organization of charter commission—Vacancies—Duties.
Expenses of commission members—Consultants and assistants.
Public hearing.
Submission of charter—Election of officers—Publication.
Conduct of elections.
Ballot titles.
Certificates of election to officers—Effective date of becoming charter code city.
Authentication of charter.
35A.08.010 Adoption of charter authorized. Any city
having a population of ten thousand or more inhabitants may
become a charter code city and be governed under the provisions of this title by adopting a charter for its own govern35A.08.010
[Title 35A RCW—page 9]
35A.08.020
Title 35A RCW: Optional Municipal Code
ment in the manner prescribed in this chapter. Once any city,
having ten thousand population, has adopted such a charter,
any subsequent decrease in population below ten thousand
shall not affect its status as a charter code city. [1967 ex.s. c
119 § 35A.08.010.]
35A.08.020 Determining population. For the purposes
of this chapter, the population of a city shall be the number of
residents shown by the figures released for the most recent
official state or federal census, by a population determination
made under the direction of the office of financial management, or by a city census conducted in the following manner:
(1) The legislative authority of any such city may provide by ordinance for the appointment by the mayor thereof,
of such number of persons as may be designated in the ordinance to make an enumeration of all persons residing within
the corporate limits of the city. The enumerators so
appointed, before entering upon their duties, shall take an
oath for the faithful performance thereof and within five days
after their appointment proceed, within their respective districts, to make an enumeration of all persons residing therein,
with their names and places of residence.
(2) Immediately upon the completion of the enumeration, the enumerators shall make return thereof upon oath to
the legislative authority of the city, who at its next meeting or
as soon thereafter as practicable, shall canvass and certify the
returns.
(3) If it appears therefrom that the whole number of persons residing within the corporate limits of the city is ten
thousand or more, the mayor and clerk under the corporate
seal of the city shall certify the number so ascertained to the
secretary of state, who shall file it in his or her office. This
certificate when so filed shall be conclusive evidence of the
population of the city. [2009 c 549 § 3002; 1979 c 151 § 32;
1967 ex.s. c 119 § 35A.08.020.]
35A.08.020
Population determinations, office of financial management: Chapter 43.62
RCW.
35A.08.030 Resolution or petition for election. The
legislative body of any city having ten thousand or more
inhabitants may, by resolution, provide for submission to the
voters of the question whether the city shall become a charter
code city and be governed in accordance with a charter to be
adopted by the voters under the provisions of this title. The
legislative body must provide for such an election upon
receipt of a sufficient petition therefor signed by qualified
electors in number equal to not less than ten percent of the
votes cast at the last general municipal election therein. The
question may be submitted to the voters at the next general
municipal election if one is to be held within one hundred and
eighty days or at a special election held for that purpose not
less than ninety nor more than one hundred and eighty days
after the passage of the resolution or the filing of the certificate of sufficiency of the petition. At such election provision
shall also be made for the election of fifteen freeholders who,
upon a favorable vote on the question, shall constitute the
charter commission charged with the duty of framing a charter for submission to the voters. If the vote in favor of adopting a charter receives forty percent or less of the total vote on
the question of charter adoption, no new election on the question of charter adoption may be held for a period of two years
35A.08.030
[Title 35A RCW—page 10]
from the date of the election in which the charter proposal
failed. [2001 c 33 § 4; 1967 ex.s. c 119 § 35A.08.030.]
Sufficiency of petition in code city: RCW 35A.01.040.
35A.08.040
35A.08.040 Election on question—Election of charter commission. The election on the question whether to
adopt a charter and become a charter code city and the nomination and election of the members of the charter commission
shall be conducted, and the result declared, according to the
laws regulating and controlling elections in the city. Candidates for election to the charter commission must be nominated by petition signed by ten registered voters of the city
and residents therein for a period of at least two years preceding the election. A nominating petition shall be filed within
the time allowed for filing declarations of candidacy and
shall be verified by an affidavit of one or more of the signers
to the effect that the affiant believes that the candidate and all
of the signers are registered voters of the city and he or she
signed the petition in good faith for the purpose of endorsing
the person named therein for election to the charter commission. A written acceptance of the nomination by the nominee
shall be affixed to the petition when filed with the county
auditor. Nominating petitions need not be in the form prescribed in RCW 35A.01.040. Any nominee may withdraw
his or her nomination by a written statement of withdrawal
filed at any time not later than five days before the last day
allowed for filing nominations. The positions on the charter
commission shall be designated by consecutive numbers one
through fifteen, and the positions so designated shall be considered as separate offices for all election purposes. A nomination shall be made for a specific numbered position. [2009
c 549 § 3003; 1990 c 259 § 7; 1967 ex.s. c 119 § 35A.08.040.]
35A.08.050
35A.08.050 Organization of charter commission—
Vacancies—Duties. Within ten days after its election the
charter commission shall hold its first meeting, elect one of
the members as chair, and adopt such rules for the conduct of
its business as it may deem advisable. In the event of a
vacancy in the charter commission, the remaining members
shall fill it by appointment thereto of some properly qualified
person. A majority shall constitute a quorum for transaction
of business but final charter recommendations shall require a
majority vote of the whole membership of the commission.
The commission shall study the plan of government of the
city, compare it with other available plans of government,
and determine whether, in its judgment, the government of
the city could be strengthened, made more responsive or
accountable to the people, or whether its operation could be
made more economical or more efficient by amendment of
the existing plan or adoption of another plan of government.
The commission shall consider the plans of government
described in this title but shall not be limited to such plans in
its recommendations for the government of the city and may
frame a charter for any plan it deems suitable for the good
government of the city; except that the provisions of such
charter shall not be valid if inconsistent with the Constitution
of this state, the provisions of this title, or the general laws of
the state, insofar as they are applicable to cities governed
under this title. [2009 c 549 § 3004; 1967 ex.s. c 119 §
35A.08.050.]
(2010 Ed.)
Procedure for Adoption of Charter as Charter Code City
35A.08.060 Expenses of commission members—
Consultants and assistants. Members of the charter commission shall serve without compensation but shall be reimbursed by the city from any funds for their necessary
expenses incurred in the performance of their duties. The legislative body may, in its discretion, make a reasonable appropriation of the city funds to provide for public information
and discussion concerning the purposes and progress of the
commission’s work and/or to provide technical or clerical
assistance to the commission in its work. Within the limits of
any such appropriation and privately contributed funds and
services as may be available to it, the charter commission
may appoint one or more consultants and clerical or other
assistants to serve at the pleasure of the commission and may
fix a reasonable compensation to be paid such consultants
and assistants. [1967 ex.s. c 119 § 35A.08.060.]
35A.08.060
35A.08.070 Public hearing. The charter commission
shall hold at least one public hearing in the course of its deliberations, may hold committee meetings and may sponsor
public forums and promote public education and discussion
respecting its work. [1967 ex.s. c 119 § 35A.08.070.]
35A.08.070
35A.08.080 Submission of charter—Election of officers—Publication. Within one hundred and eighty days from
the date of its first meeting, the charter commission, or a
majority thereof, shall frame a charter for the city and submit
the charter to the legislative body of the city, which, within
five days thereafter shall initiate proceedings for the submission of the proposed charter to the qualified electors of the
city at the next general election if one is to be held within one
hundred and eighty days or at a special election to be held for
that purpose not less than ninety nor more than one hundred
and eighty days after submission of the charter to the legislative body. The legislative body shall cause the proposed charter to be published in a newspaper of general circulation in
the city at least once each week for four weeks next preceding
the day of submitting the same to the electors for their
approval. At this election the first officers to serve under the
provisions of the proposed charter shall also be elected. If the
election is from wards, the division into wards as specified in
the proposed charter shall govern; in all other respects the
then existing laws relating to such elections shall govern. The
notice of election shall specify the objects for which the election is held and shall be given as required by law. [1967 ex.s.
c 119 § 35A.08.080.]
35A.08.080
35A.08.090 Conduct of elections. The election upon
the question of becoming a charter code city and framing a
charter and the election of the charter commission, and the
election upon the adoption or rejection of the proposed charter and the officers to be elected thereunder, the returns of
both elections, the canvassing thereof, and the declaration of
the result shall be governed by the laws regulating and controlling elections in the city. [1967 ex.s. c 119 §
35A.08.090.]
35A.08.090
35A.08.100 Ballot titles. Ballot titles for elections
under this chapter shall be prepared by the city attorney as
provided in *RCW 35A.29.120. The ballot statement in the
35A.08.100
(2010 Ed.)
35A.08.120
election for adopting or rejecting the proposed charter shall
clearly state that, upon adoption of the proposed charter, the
city would be governed by its charter and by this title. [1967
ex.s. c 119 § 35A.08.100.]
*Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92.
35A.08.110
35A.08.110 Certificates of election to officers—Effective date of becoming charter code city. If a majority of the
votes cast at the election upon the adoption of the proposed
charter favor it, certificates of election shall be issued to each
officer elected at that election. Within ten days after the issuance of the certificates of election, the newly elected officers
shall qualify as provided in the charter, and on the tenth day
thereafter at twelve o’clock noon of that day or on the next
business day if the tenth day is a Saturday, Sunday or holiday,
the officers so elected and qualified shall enter upon the
duties of the offices to which they were elected and at such
time the charter shall be authenticated, recorded, attested and
go into effect, and the city shall thereafter be classified as a
charter code city. When so authenticated, recorded and
attested, the charter shall become the organic law of the city
and supersede any existing charter and amendments thereto
and all special laws inconsistent therewith. [1967 ex.s. c 119
§ 35A.08.110.]
35A.08.120
35A.08.120 Authentication of charter. The authentication of the charter shall be by certificate of the mayor in
substance as follows:
"I, . . . . . ., mayor of the city of . . . . . ., do hereby certify
that in accordance with the provisions of the Constitution and
statutes of the state of Washington, the city of . . . . . . caused
fifteen freeholders to be elected on the . . . . . . day of . . . . . .,
19. . . as a charter commission to prepare a charter for the
city; that due notice of that election was given in the manner
provided by law and that the following persons were declared
elected to prepare and propose a charter for the city, to wit:
................................................
That thereafter on the . . . . day of . . . . . ., 19. . . the charter commission returned a proposed charter for the city of
. . . . . . signed by the following members thereof: . . . . . .
That thereafter the proposed charter was published in
. . . . . . . . . (indicate name of newspaper in which published),
for at least once each week for four weeks next preceding the
day of submitting the same to the electors for their approval.
(Indicate dates of publication.)
That thereafter on the . . . . day of . . . . . ., 19. . ., at an
election duly called and held, the proposed charter was submitted to the qualified electors thereof, and the returns canvassed resulting as follows: For the proposed charter . . . .
votes; against the proposed charter, . . . . votes; majority for
the proposed charter, . . . . votes; whereupon the charter was
declared adopted by a majority of the qualified electors voting at the election.
I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and adopted
as aforesaid.
[Title 35A RCW—page 11]
Chapter 35A.09
Title 35A RCW: Optional Municipal Code
IN TESTIMONY WHEREOF, I hereunto set my hand
and affix the corporate seal of the said city at my office this
. . . . day of . . . . . ., 19. . .
...................................
Mayor of the city of . . . . . . . . . . . . . . . . . .
Attest:
....................
Clerk of the city of . . . . . . (corporate seal)."
Immediately after authentication, the authenticated charter shall be recorded by the city clerk in a book provided for
that purpose known as the charter book of the city of . . . . . .
and when so recorded shall be attested by the clerk and mayor
under the corporate seal of the city. All amendments shall be
in like manner recorded and attested.
All courts shall take judicial notice of a charter and all
amendments thereto when recorded and attested as required
in this section. [1967 ex.s. c 119 § 35A.08.120.]
Chapter 35A.09 RCW
AMENDMENT OR REVISION OF CHARTERS OF
CHARTER CODE CITIES
Chapter 35A.09
of the charter organic law governing such charter code city.
[1990 c 259 § 8; 1967 ex.s. c 119 § 35A.09.020.]
Sufficiency of petition in code city: RCW 35A.01.040.
35A.09.030
35A.09.030 New or revised charter—Petition—
Charter commission. On the petition of a number of qualified electors of a charter code city equal to ten percent of the
total votes cast at the last preceding municipal general election, the legislative body of such charter code city shall, or
without such petition, may, by resolution, cause an election to
be held for the election of a charter commission of fifteen
freeholders for the purpose of preparing a new or revised
charter for the city by altering, revising, adding to, or repealing the existing charter including all amendments thereto.
The members of the charter commission shall be qualified
and nominated as provided by chapter 35A.08 RCW. At such
election the proposition of whether or not a charter commission shall be created at all shall be separately stated on the
ballots and unless a majority of the votes cast upon that proposition favor it, no further steps shall be taken in the proceedings. [1967 ex.s. c 119 § 35A.09.030.]
Sufficiency of petition in code city: RCW 35A.01.040.
Sections
35A.09.040 Submission of new or revised charter—
Election. Within ten days after the results of the election
authorized by RCW 35A.09.030 have been determined, if a
majority of the votes cast favor the proposition, the members
of the charter commission elected thereat shall convene and
prepare a new or revised charter by altering, revising, adding
to, or repealing the existing charter including all amendments
thereto and within one hundred and eighty days thereafter file
it with the county auditor. The charter commission shall be
organized, vacancies filled, alternative plans of government
considered, and a public hearing held all in the manner provided in sections of chapter 35A.08 RCW relating to charter
commissions, and the commission members shall be reimbursed for their expenses and may obtain technical and clerical assistance in the manner provided in chapter 35A.08
RCW. Upon the filing of the proposed new, altered, changed,
or revised charter with the county auditor, it shall be submitted to the registered voters of the charter code city at an election conducted as provided in RCW 35A.09.060. [1990 c
259 § 9; 1967 ex.s. c 119 § 35A.09.040.]
35A.09.040
35A.09.010
35A.09.020
35A.09.030
35A.09.040
35A.09.050
35A.09.060
35A.09.070
Amendment of charter—Initiated by legislative body.
Petition for submission of charter amendment.
New or revised charter—Petition—Charter commission.
Submission of new or revised charter—Election.
Publication of proposed charter.
Conduct of elections.
Effect of favorable vote.
35A.09.010 Amendment of charter—Initiated by legislative body. The charter of a charter code city may be
amended by proposals therefor submitted by resolution of the
legislative authority of such city to the electors thereof at any
general election, after publication of such proposed charter
amendment in the manner provided in chapter 35A.08 RCW
for publication of a proposed charter, and upon notice of election as provided by law. If such proposed charter amendment
is ratified by a majority of the qualified electors voting
thereon it shall become a part of the charter organic law governing such charter code city. [1967 ex.s. c 119 §
35A.09.010.]
35A.09.010
35A.09.020 Petition for submission of charter
amendment. Upon the filing with the county auditor of a
sufficient petition signed by registered voters of a charter
code city, in number equal to at least ten percent of the votes
cast at the last general municipal election, seeking the adoption of a specified charter amendment set forth in the petition,
providing for any matter within the realm of local affairs, or
municipal business, or structure of municipal government,
offices, and departments, said amendment shall be submitted
to the voters at the next general municipal election if one is to
be held within one hundred and eighty days, or at a special
election to be held for that purpose not less than ninety days,
nor more than one hundred and eighty days after the filing of
the certificate of sufficiency of the petition. The proposed
charter amendment shall be published as provided in RCW
35A.09.050. Upon approval by a majority of the registered
voters voting thereon, such amendment shall become a part
35A.09.020
[Title 35A RCW—page 12]
35A.09.050
35A.09.050 Publication of proposed charter. The
proposed new, altered, or revised charter shall be published
in the newspaper having the largest general circulation within
the city at least once each week for four weeks next preceding
the day of submitting the same to the electors for their
approval. [1985 c 469 § 41; 1967 ex.s. c 119 § 35A.09.050.]
35A.09.060
35A.09.060 Conduct of elections. The election of the
charter commission and the election upon the proposition of
adopting the proposed new, altered, or revised charter, may
be general or special elections held within the corresponding
time period specified in chapter 35A.08 RCW, and except as
herein provided, said elections, the notice specifying the
objects thereof, the returns, the canvassing, and the declaration of the result shall be governed by the laws regulating and
(2010 Ed.)
Adoption and Abandonment of Charter Code City Classification
controlling elections in the charter code city. [1967 ex.s. c
119 § 35A.09.060.]
35A.09.070 Effect of favorable vote. If a majority of
the voters voting upon the adoption of the proposed new,
altered, or revised charter favor it, it shall become the charter
of the charter code city and the organic law thereof, superseding any existing charter; but if any offices are abolished or
dispensed with by the new, altered, or revised charter, and
any new offices created thereby, such charter shall not go into
effect until the election and qualification of such new officers
at the next general municipal election if one is to be held
within one hundred and eighty days, or at a special election to
be held for that purpose not less than ninety days, nor more
than one hundred and eighty days after approval of such charter by the voters. [1967 ex.s. c 119 § 35A.09.070.]
35A.09.070
35A.11.010
voters at the next general municipal election if one is to be
held within one hundred and eighty days or at a special election to be held for that purpose not less than ninety days nor
more than one hundred and eighty days after the passage of
the resolution or the filing of the certificate of sufficiency of
the petition. Notice of election shall be given, the election
conducted, and results declared generally as provided in
chapter 35A.02 RCW, insofar as such provisions are applicable. If a majority of the votes cast upon such proposition are
in favor of abandonment of the classification of charter code
city, upon the certification of the record of election to the
office of the secretary of state, such charter city shall be classified as a city of the class selected and shall be governed by
the laws relating thereto. [1990 c 259 § 10; 1967 ex.s. c 119
§ 35A.10.030.]
Sufficiency of petition in code city: RCW 35A.01.040.
35A.10.040 No subsequent vote for six years. When a
proposition for abandonment of the classification of charter
code city has been submitted to the voters of the charter code
city in an election and has been rejected by a majority of such
voters, such proposition shall not again be submitted to the
voters for six years thereafter. [1967 ex.s. c 119 §
35A.10.040.]
35A.10.040
Chapter 35A.10 RCW
ADOPTION AND ABANDONMENT OF CHARTER
CODE CITY CLASSIFICATION
Chapter 35A.10
Sections
35A.10.010
35A.10.020
35A.10.030
35A.10.040
Laws applicable to charter code cities.
Abandonment of charter code city classification.
Resolution or petition for change of classification—Election.
No subsequent vote for six years.
Chapter 35A.11 RCW
LAWS GOVERNING NONCHARTER CODE CITIES
AND CHARTER CODE CITIES—POWERS
Chapter 35A.11
35A.10.010 Laws applicable to charter code cities.
The classifications of municipalities which existed prior to
the time this title goes into effect—first-class cities, secondclass cities, unclassified cities, and towns—and the restrictions, limitations, duties and obligations specifically imposed
by law upon such classes of cities and towns, shall have no
application to charter code cities, but every charter code city,
by adopting such classification, has elected to be governed by
its charter and by the provisions of this title, with the powers
thereby granted. [1994 c 81 § 70; 1967 ex.s. c 119 §
35A.10.010.]
35A.10.010
Sections
35A.10.020 Abandonment of charter code city classification. Any charter code city, which has been so classified
under the provisions of this title for more than six years may
abandon such classification and elect to be governed according to its charter under the general law relating to charter cities of the classification held by such city immediately prior to
becoming a charter code city, if any, or may elect to be governed by the general law relating to charter cities of the highest class, or other class, for which it is qualified by population. [1967 ex.s. c 119 § 35A.10.020.]
35A.11.010 Rights, powers, and privileges.
35A.11.020 Powers vested in legislative bodies of noncharter and charter
code cities.
35A.11.030 Applicability of general law.
35A.11.035 Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
35A.11.037 Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
35A.11.040 Intergovernmental cooperation and action.
35A.11.050 Statement of purpose and policy.
35A.11.060 Participation in Economic Opportunity Act programs.
35A.11.070 Tourist promotion.
35A.11.080 Initiative and referendum—Election to exercise—Restriction
or abandonment.
35A.11.090 Initiative and referendum—Effective date of ordinances—
Exceptions.
35A.11.100 Initiative and referendum—Exercise of powers.
35A.11.110 Members of legislative bodies authorized to serve as volunteer
firefighters, volunteer ambulance personnel, or reserve law
enforcement officers.
35A.11.200 Criminal code repeal by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
35A.11.210 Juvenile curfews.
35A.10.030 Resolution or petition for change of classification—Election. Upon the passage of a resolution of the
legislative body of a charter code city, or upon the filing with
the county auditor of a sufficient petition signed by registered
voters of a charter code city in number equal to not less than
ten percent of the votes cast at the last general municipal election therein, proposing abandonment of the classification of
charter code city and that the city be governed under its charter and the general law relating to cities of the classification
named in the petition or resolution, the legislative body
thereof shall cause the propositions to be submitted to the
35A.11.010 Rights, powers, and privileges. Each city
governed under this optional municipal code, whether charter
or noncharter, shall be entitled "City of . . . . . ." (naming it),
and by such name shall have perpetual succession; may sue
and be sued in all courts and proceedings; use a corporate seal
approved by its legislative body; and, by and through its legislative body, such municipality may contract and be contracted with; may purchase, lease, receive, or otherwise
acquire real and personal property of every kind, and use,
enjoy, hold, lease, control, convey or otherwise dispose of it
for the common benefit. [1967 ex.s. c 119 § 35A.11.010.]
35A.10.020
35A.10.030
(2010 Ed.)
35A.11.010
[Title 35A RCW—page 13]
35A.11.020
Title 35A RCW: Optional Municipal Code
35A.11.020 Powers vested in legislative bodies of
noncharter and charter code cities. The legislative body of
each code city shall have power to organize and regulate its
internal affairs within the provisions of this title and its charter, if any; and to define the functions, powers, and duties of
its officers and employees; within the limitations imposed by
vested rights, to fix the compensation and working conditions
of such officers and employees and establish and maintain
civil service, or merit systems, retirement and pension systems not in conflict with the provisions of this title or of existing charter provisions until changed by the people: PROVIDED, That nothing in this section or in this title shall permit any city, whether a code city or otherwise, to enact any
provisions establishing or respecting a merit system or system of civil service for firefighters and police officers which
does not substantially accomplish the same purpose as provided by general law in chapter 41.08 RCW for firefighters
and chapter 41.12 RCW for police officers now or as hereafter amended, or enact any provision establishing or respecting a pension or retirement system for firefighters or police
officers which provides different pensions or retirement benefits than are provided by general law for such classes.
Such body may adopt and enforce ordinances of all kinds
relating to and regulating its local or municipal affairs and
appropriate to the good government of the city, and may
impose penalties of fine not exceeding five thousand dollars
or imprisonment for any term not exceeding one year, or
both, for the violation of such ordinances, constituting a misdemeanor or gross misdemeanor as provided therein. However, the punishment for any criminal ordinance shall be the
same as the punishment provided in state law for the same
crime. Such a body alternatively may provide that violation
of such ordinances constitutes a civil violation subject to
monetary penalty, but no act which is a state crime may be
made a civil violation.
The legislative body of each code city shall have all
powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities
by law. By way of illustration and not in limitation, such
powers may be exercised in regard to the acquisition, sale,
ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all
kinds, waterways, structures, or any other improvement or
use of real or personal property, in regard to all aspects of collective bargaining as provided for and subject to the provisions of chapter 41.56 RCW, as now or hereafter amended,
and in the rendering of local social, cultural, recreational,
educational, governmental, or corporate services, including
operating and supplying of utilities and municipal services
commonly or conveniently rendered by cities or towns.
In addition and not in limitation, the legislative body of
each code city shall have any authority ever given to any
class of municipality or to all municipalities of this state
before or after the enactment of this title, such authority to be
exercised in the manner provided, if any, by the granting statute, when not in conflict with this title. Within constitutional
limitations, legislative bodies of code cities shall have within
their territorial limits all powers of taxation for local purposes
except those which are expressly preempted by the state as
provided in RCW 66.08.120, 82.36.440, 48.14.020, and
35A.11.020
[Title 35A RCW—page 14]
48.14.080. [2007 c 218 § 66; 1993 c 83 § 8; 1986 c 278 § 7;
1984 c 258 § 807; 1969 ex.s. c 29 § 1; 1967 ex.s. c 119 §
35A.11.020.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
35A.11.030 Applicability of general law. Powers of
eminent domain, borrowing, taxation, and the granting of
franchises may be exercised by the legislative bodies of code
cities in the manner provided in this title or by the general law
of the state where not inconsistent with this title; and the
duties to be performed and the procedure to be followed by
such cities in regard to the keeping of accounts and records,
official bonds, health and safety and other matters not specifically provided for in this title, shall be governed by the general law. For the purposes of this title, "the general law"
means any provision of state law, not inconsistent with this
title, enacted before or after the passage of this title which is
by its terms applicable or available to all cities or towns.
[1967 ex.s. c 119 § 35A.11.030.]
35A.11.030
35A.11.035 Nonpolluting power generation by individual—Exemption from regulation—Authorization to
contract with utility. See chapter 80.58 RCW.
35A.11.035
35A.11.037 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35A.11.037
35A.11.040 Intergovernmental cooperation and
action. The legislative body of a code city may exercise any
of its powers or perform any of its functions including purchasing, and participate in the financing thereof, jointly or in
cooperation, as provided for in chapter 39.34 RCW. The legislative body of a code city shall have power to accept any
gift or grant for any public purpose and may carry out any
conditions of such gift or grant when not in conflict with state
or federal law. [1979 ex.s. c 18 § 17; 1967 ex.s. c 119 §
35A.11.040.]
35A.11.040
Additional notes found at www.leg.wa.gov
35A.11.050 Statement of purpose and policy. The
general grant of municipal power conferred by this chapter
and this title on legislative bodies of noncharter code cities
and charter code cities is intended to confer the greatest
power of local self-government consistent with the Constitution of this state and shall be construed liberally in favor of
such cities. Specific mention of a particular municipal power
or authority contained in this title or in the general law shall
be construed as in addition and supplementary to, or explanatory of the powers conferred in general terms by this chapter. [1967 ex.s. c 119 § 35A.11.050.]
35A.11.050
35A.11.060 Participation in Economic Opportunity
Act programs. The legislative body of any city or town is
hereby authorized and empowered in its discretion by resolution or ordinance passed by a majority of the legislative body,
to take whatever action it deems necessary to enable the city
or town to participate in the programs set forth in the Eco35A.11.060
(2010 Ed.)
Laws Governing Noncharter Code Cities and Charter Code Cities—Powers
nomic Opportunity Act of 1964 (Public Law 88-452; 78 Stat.
508), as amended. Such participation may be engaged in as a
sole city or town operation or in conjunction or cooperation
with the state, any other city or town, county, or municipal
corporation, or any private corporation qualified under said
Economic Opportunity Act. [1971 ex.s. c 177 § 4.]
35A.11.070 Tourist promotion. See RCW 35.21.700.
35A.11.070
35A.11.080 Initiative and referendum—Election to
exercise—Restriction or abandonment. The qualified
electors or legislative body of a noncharter code city may
provide for the exercise in their city of the powers of initiative and referendum, upon electing so to do in the manner
provided for changing the classification of a city or town in
R C W 3 5 A .0 2 . 0 2 0 , 3 5 A . 0 2 . 0 2 5 , 3 5 A . 0 2 . 0 3 0 , a n d
35A.02.035, as now or hereafter amended.
The exercise of such powers may be restricted or abandoned upon electing so to do in the manner provided for
abandoning the plan of government of a noncharter code city
in RCW 35A.06.030, 35A.06.040, 35A.06.050, and
35A.06.060, as now or hereafter amended. [1979 ex.s. c 18 §
18; 1973 1st ex.s. c 81 § 1.]
35A.11.080
Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure: RCW 35.21.706.
Initiative and referendum petitions: RCW 35A.29.170.
Additional notes found at www.leg.wa.gov
35A.11.090 Initiative and referendum—Effective
date of ordinances—Exceptions. Ordinances of noncharter
code cities the qualified electors of which have elected to
exercise the powers of initiative and referendum shall not go
into effect before thirty days from the time of final passage
and are subject to referendum during the interim except:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of
public peace, health, and safety or for the support of city government and its existing public institutions which contain a
statement of urgency and are passed by unanimous vote of
the council;
(3) Ordinances providing for local improvement districts;
(4) Ordinances appropriating money;
(5) Ordinances providing for or approving collective
bargaining;
(6) Ordinances providing for the compensation of or
working conditions of city employees; and
(7) Ordinances authorizing or repealing the levy of taxes;
which excepted ordinances shall go into effect as provided by
the general law or by applicable sections of Title 35A RCW
as now or hereafter amended. [1973 1st ex.s. c 81 § 2.]
35A.11.090
35A.11.100 Initiative and referendum—Exercise of
powers. Except as provided in RCW 35A.11.090, and
except that the number of registered voters needed to sign a
petition for initiative or referendum shall be fifteen percent of
the total number of names of persons listed as registered voters within the city on the day of the last preceding city general
election, the powers of initiative and referendum in noncharter code cities shall be exercised in the manner set forth for
35A.11.100
(2010 Ed.)
35A.11.210
the commission form of government in RCW 35.17.240
through 35.17.360, as now or hereafter amended. [1973 1st
ex.s. c 81 § 3.]
Sufficiency of petition in code city: RCW 35A.01.040.
35A.11.110
35A.11.110 Members of legislative bodies authorized
to serve as volunteer firefighters, volunteer ambulance
personnel, or reserve law enforcement officers. Notwithstanding any other provision of law, the legislative body of
any code city, by resolution adopted by a two-thirds vote of
the full legislative body, may authorize any of its members to
serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers, or two or more of
such positions, and to receive the same compensation, insurance, and other benefits as are applicable to other volunteer
firefighters, volunteer ambulance personnel, or reserve law
enforcement officers employed by the code city. [2005 c 38
§ 1; 1993 c 303 § 2; 1974 ex.s. c 60 § 2.]
35A.11.200
35A.11.200 Criminal code repeal by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A code city operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes unless the municipality has reached an agreement with the appropriate county
under chapter 39.34 RCW under which the county is to be
paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in
district court as a result of the repeal. The agreement shall
include provisions for periodic review and renewal of the
terms of the agreement. If the municipality and the county
are unable to agree on the terms for renewal of the agreement,
they shall be deemed to have entered into an agreement to
submit the issue to arbitration under chapter 7.04A RCW.
Pending conclusion of the arbitration proceeding, the terms
of the agreement shall remain in effect. The municipality and
the county have the same rights and are subject to the same
duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW. [2005 c 433 § 42; 1984 c
258 § 209.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Additional notes found at www.leg.wa.gov
35A.11.210
35A.11.210 Juvenile curfews. (1) Any code city has
the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or
against juveniles that are occurring at such rates as to be
beyond the capacity of the police to assure public safety,
establishing times and conditions under which juveniles may
be present on the public streets, in the public parks, or in any
other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance. [1994 sp.s. c 7 § 503.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
[Title 35A RCW—page 15]
Chapter 35A.12
Title 35A RCW: Optional Municipal Code
Chapter 35A.12 RCW
MAYOR-COUNCIL PLAN OF GOVERNMENT
Chapter 35A.12
Sections
35A.12.010
35A.12.020
35A.12.030
35A.12.040
35A.12.050
35A.12.060
35A.12.065
35A.12.070
35A.12.080
35A.12.090
35A.12.100
35A.12.110
35A.12.120
35A.12.130
35A.12.140
35A.12.150
35A.12.160
35A.12.170
35A.12.180
35A.12.190
Elective city officers—Size of council.
Appointive officers—Duties—Compensation.
Eligibility to hold elective office.
Elections—Terms of elective officers—Numbering of council
positions.
Vacancies.
Vacancy for nonattendance.
Pro tempore appointments.
Compensation of elective officers—Expenses.
Oath and bond of officers.
Appointment and removal of officers—Terms.
Duties and authority of the mayor—Veto—Tie-breaking vote.
Council meetings.
Council—Quorum—Rules—Voting.
Ordinances—Style—Requisites—Veto.
Adoption of codes by reference.
Ordinances—Authentication and recording.
Publication of ordinances or summary—Public notice of hearings and meeting agendas.
Audit and allowance of demands against city.
Optional division of city into wards.
Powers of council.
35A.12.010 Elective city officers—Size of council.
The government of any noncharter code city or charter code
city electing to adopt the mayor-council plan of government
authorized by this chapter shall be vested in an elected mayor
and an elected council. The council of a noncharter code city
having less than twenty-five hundred inhabitants shall consist
of five members; when there are twenty-five hundred or more
inhabitants, the council shall consist of seven members. A
city with a population of less than twenty-five hundred at the
time of reclassification as an optional municipal code city
may choose to maintain a seven-member council. The decision concerning the number of councilmembers shall be
made by the council and be incorporated as a section of the
ordinance adopting for the city the classification of noncharter code city. If the population of a city after having become
a code city decreases from twenty-five hundred or more to
less than twenty-five hundred, it shall continue to have a
seven member council. If, after a city has become a mayorcouncil code city, its population increases to twenty-five hundred or more inhabitants, the number of council offices in
such city may increase from five to seven members upon the
affirmative vote of a majority of the existing council to
increase the number of council offices in the city. When the
population of a mayor-council code city having five council
offices increases to five thousand or more inhabitants, the
number of council offices in the city shall increase from five
to seven members. In the event of an increase in the number
of council offices, the city council shall, by majority vote,
pursuant to RCW 35A.12.050, appoint two persons to serve
in these offices until the next municipal general election, at
which election one person shall be elected for a two-year
term and one person shall be elected for a four-year term.
The number of inhabitants shall be determined by the most
recent official state or federal census or determination by the
state office of financial management. A charter adopted
under the provisions of this title, incorporating the mayorcouncil plan of government set forth in this chapter, may provide for an uneven number of councilmembers not exceeding
eleven.
35A.12.010
[Title 35A RCW—page 16]
A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven council offices may establish a
five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for
reduction in the number of council offices to five. The ordinance shall specify which two council offices, the terms of
which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of
council positions and shall also provide for a two-year extension of the term of office of a retained council office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old
mayor-council plan of government, as provided in RCW
35A.02.130, is subject to the laws applicable to that old plan
of government. [2009 c 549 § 3005; 1997 c 361 § 6; 1994 c
223 § 30; 1994 c 81 § 71; 1985 c 106 § 1; 1983 c 128 § 1;
1979 ex.s. c 18 § 19; 1979 c 151 § 33; 1967 ex.s. c 119 §
35A.12.010.]
Population determinations, office of financial management: Chapter 43.62
RCW.
Additional notes found at www.leg.wa.gov
35A.12.020 Appointive officers—Duties—Compensation. The appointive officers shall be those provided for by
charter or ordinance and shall include a city clerk and a chief
law enforcement officer. The office of city clerk may be
merged with that of a city treasurer, if any, with an appropriate title designated therefor. Provision shall be made for
obtaining legal counsel for the city, either by appointment of
a city attorney on a full-time or part-time basis, or by any reasonable contractual arrangement for such professional services. The authority, duties and qualifications of all appointive officers shall be prescribed by charter or ordinance, consistent with the provisions of this title, and any amendments
thereto, and the compensation of appointive officers shall be
prescribed by ordinance: PROVIDED, That the compensation of an appointed municipal judge shall be within applicable statutory limits. [1987 c 3 § 14; 1967 ex.s. c 119 §
35A.12.020.]
35A.12.020
Additional notes found at www.leg.wa.gov
35A.12.030 Eligibility to hold elective office. No person shall be eligible to hold elective office under the mayorcouncil plan unless the person is a registered voter of the city
at the time of filing his or her declaration of candidacy and
has been a resident of the city for a period of at least one year
next preceding his or her election. Residence and voting
within the limits of any territory which has been included in,
annexed to, or consolidated with such city is construed to
have been residence within the city. A mayor or councilmember shall hold within the city government no other
public office or employment except as permitted under the
provisions of chapter 42.23 RCW. [2009 c 549 § 3006; 1979
ex.s. c 18 § 20; 1967 ex.s. c 119 § 35A.12.030.]
35A.12.030
Additional notes found at www.leg.wa.gov
35A.12.040 Elections—Terms of elective officers—
Numbering of council positions. Officers shall be elected at
35A.12.040
(2010 Ed.)
Mayor-Council Plan of Government
biennial municipal elections to be conducted as provided in
chapter 35A.29 RCW. The mayor and the councilmembers
shall be elected for four-year terms of office and until their
successors are elected and qualified and assume office in
accordance with *RCW 29.04.170. At any first election upon
reorganization, councilmembers shall be elected as provided
in RCW 35A.02.050. Thereafter the requisite number of
councilmembers shall be elected biennially as the terms of
their predecessors expire and shall serve for terms of four
years. The positions to be filled on the city council shall be
designated by consecutive numbers and shall be dealt with as
separate offices for all election purposes. Election to positions on the council shall be by majority vote from the city at
large, unless provision is made by charter or ordinance for
election by wards. The mayor and councilmembers shall
qualify by taking an oath or affirmation of office and as may
be provided by law, charter, or ordinance. [1994 c 223 § 31;
1979 ex.s. c 18 § 21; 1970 ex.s. c 52 § 3; 1967 ex.s. c 119 §
35A.12.040.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Additional notes found at www.leg.wa.gov
35A.12.050 Vacancies. The office of a mayor or councilmember shall become vacant if the person who is elected
or appointed to that position fails to qualify as provided by
law, fails to enter upon the duties of that office at the time
fixed by law without a justifiable reason, or as provided in
RCW 35A.12.060 or 42.12.010. A vacancy in the office of
mayor or in the council shall be filled as provided in chapter
42.12 RCW. An incumbent councilmember is eligible to be
appointed to fill a vacancy in the office of mayor. [2008 c 50
§ 4; 1994 c 223 § 32; 1967 ex.s. c 119 § 35A.12.050.]
35A.12.050
35A.12.060 Vacancy for nonattendance. In addition a
council position shall become vacant if the councilmember
fails to attend three consecutive regular meetings of the council without being excused by the council. [1994 c 223 § 33;
1967 ex.s. c 119 § 35A.12.060.]
35A.12.060
35A.12.065 Pro tempore appointments. Biennially at
the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their
number as mayor pro tempore or deputy mayor for such
period as the council may specify, to serve in the absence or
temporary disability of the mayor; or, in lieu thereof, the
council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended
excused absence or disability of a councilmember, the
remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability. [2009 c 549 § 3007; 1967 ex.s. c 119 § 35A.12.065.]
35A.12.080
member of the city legislative body fixing his or her own
compensation or as mayor in a mayor-council code city casts
a tie-breaking vote relating to such ordinance: PROVIDED,
That if the mayor of such a city does not cast such a vote, his
or her salary may be increased during his or her term of
office.
Until the first elective officers under this mayor-council
plan of government may lawfully be paid the compensation
provided by such salary ordinance, such officers shall be entitled to be compensated in the same manner and in the same
amount as the compensation paid to officers of such city performing comparable services immediately prior to adoption
of this mayor-council plan.
Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city,
such first officers shall be entitled to compensation as follows: In cities having less than five thousand inhabitants, the
mayor shall be entitled to a salary of one hundred and fifty
dollars per calendar month and a councilmember shall be
entitled to twenty dollars per meeting for not more than two
meetings per month; in cities having more than five thousand
but less than fifteen thousand inhabitants, the mayor shall be
entitled to a salary of three hundred and fifty dollars per calendar month and a councilmember shall be entitled to one
hundred and fifty dollars per calendar month; in cities having
more than fifteen thousand inhabitants, the mayor shall be
entitled to a salary of twelve hundred and fifty dollars per calendar month and a councilmember shall be entitled to four
hundred dollars per calendar month: PROVIDED, That such
interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such
officers, and the amounts herein provided shall not be construed as fixing the usual salary of such officers. The mayor
and councilmembers shall receive reimbursement for their
actual and necessary expenses incurred in the performance of
the duties of their office, or the council by ordinance may
provide for a per diem allowance. Procedure for approval of
claims for expenses shall be as provided by ordinance. [2009
c 549 § 3008; 1971 ex.s. c 251 § 5; 1967 ex.s. c 119 §
35A.12.070.]
35A.12.065
35A.12.070 Compensation of elective officers—
Expenses. The salaries of the mayor and the councilmembers shall be fixed by ordinance and may be revised from
time to time by ordinance, but any increase in the compensation attaching to an office shall not be applicable to the term
then being served by the incumbent if such incumbent is a
35A.12.070
(2010 Ed.)
Limitations on salaries: State Constitution Art. 11 § 8.
Additional notes found at www.leg.wa.gov
35A.12.080
35A.12.080 Oath and bond of officers. Any officer
before entering upon the performance of his or her duties may
be required to take an oath or affirmation as prescribed by
charter or by ordinance for the faithful performance of his or
her duties. The oath or affirmation shall be filed with the
county auditor. The clerk, treasurer, if any, chief of police,
and such other officers or employees as may be designated by
ordinance or by charter shall be required to furnish annually
an official bond conditioned on the honest and faithful performance of their official duties. The terms and penalty of
official bonds and the surety therefor shall be prescribed by
ordinance or charter and the bond shall be approved by the
chief administrative officer of the city. The premiums on
such bonds shall be paid by the city. When the furnishing of
an official bond is required of an officer or employee, compliance with such provisions shall be an essential part of qual[Title 35A RCW—page 17]
35A.12.090
Title 35A RCW: Optional Municipal Code
ification for office. [2009 c 549 § 3009; 1986 c 167 § 20;
1967 ex.s. c 119 § 35A.12.080.]
Additional notes found at www.leg.wa.gov
35A.12.090 Appointment and removal of officers—
Terms. The mayor shall have the power of appointment and
removal of all appointive officers and employees subject to
any applicable law, rule, or regulation relating to civil service. The head of a department or office of the city government may be authorized by the mayor to appoint and remove
subordinates in such department or office, subject to any
applicable civil service provisions. All appointments of city
officers and employees shall be made on the basis of ability
and training or experience of the appointees in the duties they
are to perform, from among persons having such qualifications as may be prescribed by ordinance or by charter, and in
compliance with provisions of any merit system applicable to
such city. Confirmation by the city council of appointments
of officers and employees shall be required only when the
city charter, or the council by ordinance, provides for confirmation of such appointments. Confirmation of mayoral
appointments by the council may be required by the council
in any instance where qualifications for the office or position
have not been established by ordinance or charter provision.
Appointive offices shall be without definite term unless a
term is established for such office by law, charter or ordinance. [1987 c 3 § 15; 1967 ex.s. c 119 § 35A.12.090.]
35A.12.090
Additional notes found at www.leg.wa.gov
35A.12.100 Duties and authority of the mayor—
Veto—Tie-breaking vote. The mayor shall be the chief
executive and administrative officer of the city, in charge of
all departments and employees, with authority to designate
assistants and department heads. The mayor may appoint and
remove a chief administrative officer or assistant administrative officer, if so provided by ordinance or charter. He or she
shall see that all laws and ordinances are faithfully enforced
and that law and order is maintained in the city, and shall
have general supervision of the administration of city government and all city interests. All official bonds and bonds of
contractors with the city shall be submitted to the mayor or
such person as he or she may designate for approval or disapproval. He or she shall see that all contracts and agreements
made with the city or for its use and benefit are faithfully kept
and performed, and to this end he or she may cause any legal
proceedings to be instituted and prosecuted in the name of the
city, subject to approval by majority vote of all members of
the council. The mayor shall preside over all meetings of the
city council, when present, but shall have a vote only in the
case of a tie in the votes of the councilmembers with respect
to matters other than the passage of any ordinance, grant, or
revocation of franchise or license, or any resolution for the
payment of money. He or she shall report to the council concerning the affairs of the city and its financial and other
needs, and shall make recommendations for council consideration and action. He or she shall prepare and submit to the
council a proposed budget, as required by chapter 35A.33
RCW. The mayor shall have the power to veto ordinances
passed by the council and submitted to him or her as provided
in RCW 35A.12.130 but such veto may be overridden by the
35A.12.100
[Title 35A RCW—page 18]
vote of a majority of all councilmembers plus one more vote.
The mayor shall be the official and ceremonial head of the
city and shall represent the city on ceremonial occasions,
except that when illness or other duties prevent the mayor’s
attendance at an official function and no mayor pro tempore
has been appointed by the council, a member of the council or
some other suitable person may be designated by the mayor
to represent the city on such occasion. [2009 c 549 § 3010;
1979 ex.s. c 18 § 22; 1967 ex.s. c 119 § 35A.12.100.]
Additional notes found at www.leg.wa.gov
35A.12.110
35A.12.110 Council meetings. The city council and
mayor shall meet regularly, at least once a month, at a place
and at such times as may be designated by the city council.
All final actions on resolutions and ordinances must take
place within the corporate limits of the city. Special meetings
may be called by the mayor or any three members of the
council by written notice delivered to each member of the
council at least twenty-four hours before the time specified
for the proposed meeting. All actions that have heretofore
been taken at special council meetings held pursuant to this
section, but for which the number of hours of notice given has
been at variance with requirements of RCW 42.30.080, are
hereby validated. All council meetings shall be open to the
public except as permitted by chapter 42.30 RCW. No ordinance or resolution shall be passed, or contract let or entered
into, or bill for the payment of money allowed at any meeting
not open to the public, nor at any public meeting the date of
which is not fixed by ordinance, resolution, or rule, unless
public notice of such meeting has been given by such notice
to each local newspaper of general circulation and to each
local radio or television station, as provided in RCW
42.30.080 as now or hereafter amended. Meetings of the
council shall be presided over by the mayor, if present, or
otherwise by the mayor pro tempore, or deputy mayor if one
has been appointed, or by a member of the council selected
by a majority of the councilmembers at such meeting.
Appointment of a councilmember to preside over the meeting
shall not in any way abridge his or her right to vote on matters
coming before the council at such meeting. In the absence of
the clerk, a deputy clerk or other qualified person appointed
by the clerk, the mayor, or the council, may perform the
duties of clerk at such meeting. A journal of all proceedings
shall be kept, which shall be a public record. [2009 c 549 §
3011; 1993 c 199 § 3; 1979 ex.s. c 18 § 23; 1967 ex.s. c 119
§ 35A.12.110.]
Additional notes found at www.leg.wa.gov
35A.12.120
35A.12.120 Council—Quorum—Rules—Voting. At
all meetings of the council a majority of the councilmembers
shall constitute a quorum for the transaction of business, but
a less number may adjourn from time to time and may compel the attendance of absent members in such manner and
under such penalties as may be prescribed by ordinance. The
council shall determine its own rules and order of business,
and may establish rules for the conduct of council meetings
and the maintenance of order. At the desire of any member,
any question shall be voted upon by roll call and the ayes and
nays shall be recorded in the journal.
(2010 Ed.)
Mayor-Council Plan of Government
The passage of any ordinance, grant or revocation of
franchise or license, and any resolution for the payment of
money shall require the affirmative vote of at least a majority
of the whole membership of the council. [2009 c 549 § 3012;
1967 ex.s. c 119 § 35A.12.120.]
35A.12.180
adoption, not less than one copy thereof shall be filed in the
office of the city clerk for examination by the public. [1995
c 71 § 1; 1982 c 226 § 2; 1967 ex.s. c 119 § 35A.12.140.]
Additional notes found at www.leg.wa.gov
35A.12.150 Ordinances—Authentication and
recording. The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for
the purpose all ordinances and resolutions adopted by the
council. Such book, or copies of ordinances and resolutions,
shall be available for inspection by the public at reasonable
times and under reasonable conditions. [2009 c 549 § 3014;
1967 ex.s. c 119 § 35A.12.150.]
35A.12.150
35A.12.130 Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances shall be as follows:
"The city council of the city of . . . . . . do ordain as follows:"
No ordinance shall contain more than one subject and that
must be clearly expressed in its title.
No ordinance or any section or subsection thereof shall
be revised or amended unless the new ordinance sets forth the
revised ordinance or the amended section or subsection at full
length.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided by statute or
charter, except that an ordinance passed by a majority plus
one of the whole membership of the council, designated
therein as a public emergency ordinance necessary for the
protection of public health, public safety, public property or
the public peace, may be made effective upon adoption, but
such ordinance may not levy taxes, grant, renew, or extend a
franchise, or authorize the borrowing of money.
Every ordinance which passes the council in order to
become valid must be presented to the mayor; if he or she
approves it, he or she shall sign it, but if not, he or she shall
return it with his or her written objections to the council and
the council shall cause his or her objections to be entered at
large upon the journal and proceed to a reconsideration
thereof. If upon reconsideration a majority plus one of the
whole membership, voting upon a call of ayes and nays, favor
its passage, the ordinance shall become valid notwithstanding
the mayor’s veto. If the mayor fails for ten days to either
approve or veto an ordinance, it shall become valid without
his or her approval. Ordinances shall be signed by the mayor
and attested by the clerk. [2009 c 549 § 3013; 1967 ex.s. c
119 § 35A.12.130.]
35A.12.130
35A.12.140 Adoption of codes by reference. Ordinances may by reference adopt Washington state statutes and
state, county, or city codes, regulations, or ordinances or any
standard code of technical regulations, or portions thereof,
including, for illustrative purposes but not limited to, fire
codes and codes or ordinances relating to the construction of
buildings, the installation of plumbing, the installation of
electric wiring, health and sanitation, the slaughtering, processing, and selling of meats and meat products for human
consumption, the production, pasteurizing, and sale of milk
and milk products, or other subjects, together with amendments thereof or additions thereto, on the subject of the ordinance. Such Washington state statutes or codes or other codes
or compilations so adopted need not be published in a newspaper as provided in RCW 35A.12.160, but the adopting
ordinance shall be so published and a copy of any such
adopted statute, ordinance, or code, or portion thereof, with
amendments or additions, if any, in the form in which it was
adopted, shall be filed in the office of the city clerk for use
and examination by the public. While any such statute, code,
or compilation is under consideration by the council prior to
35A.12.140
(2010 Ed.)
35A.12.160 Publication of ordinances or summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the city’s official newspaper.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance, every
city shall establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but
not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 15; 1988 c 168 § 7; 1987 c 400 §
3; 1985 c 469 § 42; 1967 ex.s. c 119 § 35A.12.160.]
35A.12.160
35A.12.170 Audit and allowance of demands against
city. All demands against a code city shall be presented and
audited in accordance with such regulations as may be prescribed by charter or ordinance; and upon the allowance of a
demand, the clerk shall draw a warrant upon the treasurer for
it, which warrant shall be countersigned by the mayor, or
such person as he or she may designate, and shall specify the
fund from which it is to be paid; or, payment may be made by
a bank check when authorized by the legislative body of the
code city under authority granted by RCW 35A.40.020,
which check shall bear the signatures of the officers designated by the legislative body as required signatories of
checks of such city, and shall specify the fund from which it
is to be paid. [2009 c 549 § 3015; 1967 ex.s. c 119 §
35A.12.170.]
35A.12.170
35A.12.180 Optional division of city into wards. At
any time not within three months previous to a municipal
35A.12.180
[Title 35A RCW—page 19]
35A.12.190
Title 35A RCW: Optional Municipal Code
general election the council of a noncharter code city organized under this chapter may divide the city into wards or
change the boundaries of existing wards. No change in the
boundaries of wards shall affect the term of any councilmember, and councilmembers shall serve out their terms in the
wards of their residences at the time of their elections: PROVIDED, That if this results in one ward being represented by
more councilmembers than the number to which it is entitled
those having the shortest unexpired terms shall be assigned
by the council to wards where there is a vacancy, and the
councilmembers so assigned shall be deemed to be residents
of the wards to which they are assigned for purposes of those
positions being vacant. The representation of each ward in
the city council shall be in proportion to the population as
nearly as is practicable.
Wards shall be redrawn as provided in *chapter 29.70
RCW. Wards shall be used as follows: (1) Only a resident of
the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may
vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the
city had prior to January 1, 1994, limited the voting in the
general election for any or all council positions to only voters
residing within the ward associated with the council positions. If a city had so limited the voting in the general election
to only voters residing within the ward, then the city shall be
authorized to continue to do so. [1994 c 223 § 34; 1967 ex.s.
c 119 § 35A.12.180.]
*Reviser’s note: Chapter 29.70 RCW was recodified as chapter
29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35A.12.190 Powers of council. The council of any
code city organized under the mayor-council plan of government provided in this chapter shall have the powers and
authority granted to the legislative bodies of cities governed
by this title, as more particularly described in chapter 35A.11
RCW. [1967 ex.s. c 119 § 35A.12.190.]
35A.12.190
Chapter 35A.13 RCW
COUNCIL-MANAGER PLAN OF GOVERNMENT
Chapter 35A.13
Sections
35A.13.010 City officers—Size of council.
35A.13.020 Election of councilmembers—Eligibility—Terms—Vacancies—Forfeiture of office—Council chair.
35A.13.030 Mayor—Election—Chair to be mayor—Duties.
35A.13.033 Election on proposition to designate person elected to position
one as chair—Subsequent holders of position one to be chair.
35A.13.035 Mayor pro tempore or deputy mayor.
35A.13.040 Compensation of councilmembers—Expenses.
35A.13.050 City manager—Qualifications.
35A.13.060 City manager may serve two or more cities.
35A.13.070 City manager—Bond and oath.
35A.13.080 City manager—Powers and duties.
35A.13.090 Creation of departments, offices, and employment—Compensation.
35A.13.100 City manager—Department heads—Authority.
35A.13.110 City manager—Appointment of subordinates—Qualifications—Terms.
35A.13.120 City manager—Interference by councilmembers.
35A.13.130 City manager—Removal—Resolution and notice.
35A.13.140 City manager—Removal—Reply and hearing.
35A.13.150 City manager—Substitute.
35A.13.160 Oath and bond of officers.
35A.13.170 Council meetings—Quorum—Rules—Voting.
35A.13.180 Adoption of codes by reference.
[Title 35A RCW—page 20]
35A.13.190
35A.13.200
35A.13.210
35A.13.220
35A.13.230
Ordinances—Style—Requisites—Veto.
Authentication, recording and publication of ordinances.
Audit and allowance of demands against city.
Optional division of city into wards.
Powers of council.
35A.13.010 City officers—Size of council. The councilmembers shall be the only elective officers of a code city
electing to adopt the council-manager plan of government
authorized by this chapter, except where statutes provide for
an elective municipal judge. The council shall appoint an
officer whose title shall be "city manager" who shall be the
chief executive officer and head of the administrative branch
of the city government. The city manager shall be responsible to the council for the proper administration of all affairs
of the code city. The council of a noncharter code city having
less than twenty-five hundred inhabitants shall consist of five
members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become
a code city decreases from twenty-five hundred or more to
less than twenty-five hundred, it shall continue to have a
seven member council. If, after a city has become a councilmanager code city its population increases to twenty-five
hundred or more inhabitants, the number of council offices in
such city may increase from five to seven members upon the
affirmative vote of a majority of the existing council to
increase the number of council offices in the city. When the
population of a council-manager code city having five council offices increases to five thousand or more inhabitants, the
number of council offices in the city shall increase from five
to seven members. In the event of an increase in the number
of council offices, the city council shall, by majority vote,
pursuant to RCW 35A.13.020, appoint two persons to serve
in these offices until the next municipal general election, at
which election one person shall be elected for a two-year
term and one person shall be elected for a four-year term.
The number of inhabitants shall be determined by the most
recent official state or federal census or determination by the
state office of financial management. A charter adopted
under the provisions of this title, incorporating the councilmanager plan of government set forth in this chapter may
provide for an uneven number of councilmembers not
exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven council offices may establish a
five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for
reduction in the number of council offices to five. The ordinance shall specify which two council offices, the terms of
which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of
council positions and shall also provide for a two-year extension of the term of office of a retained council office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old
council-manager plan of government, as provided in RCW
35A.02.130, is subject to the laws applicable to that old plan
of government. [2009 c 549 § 3016; 1994 c 223 § 35; 1994 c
81 § 72; 1987 c 3 § 16; 1985 c 106 § 2; 1983 c 128 § 2; 1979
35A.13.010
(2010 Ed.)
Council-Manager Plan of Government
ex.s. c 18 § 24; 1979 c 151 § 34; 1967 ex.s. c 119 §
35A.13.010.]
Population determinations, office of financial management: Chapter 43.62
RCW.
Additional notes found at www.leg.wa.gov
35A.13.020 Election of councilmembers—Eligibility—Terms—Vacancies—Forfeiture of office—Council
chair. In council-manager code cities, eligibility for election
to the council, the manner of electing councilmembers, the
numbering of council positions, the terms of councilmembers, the occurrence and the filling of vacancies, the grounds
for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilmember pro tempore shall be
governed by the corresponding provisions of RCW
35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and
35A.12.065 relating to the council of a code city organized
under the mayor-council plan, except that in council-manager
cities where all council positions are at-large positions, the
city council may, pursuant to RCW 35A.13.033, provide that
the person elected to council position one shall be the council
chair and shall carry out the duties prescribed by RCW
35A.13.030. [2009 c 549 § 3017; 1994 c 223 § 36; 1975 1st
ex.s. c 155 § 1; 1967 ex.s. c 119 § 35A.13.020.]
35A.13.020
35A.13.030 Mayor—Election—Chair to be mayor—
Duties. Biennially at the first meeting of the new council the
members thereof shall choose a chair from among their number unless the chair is elected pursuant to RCW 35A.13.033.
The chair of the council shall have the title of mayor and shall
preside at meetings of the council. In addition to the powers
conferred upon him or her as mayor, he or she shall continue
to have all the rights, privileges, and immunities of a member
of the council. The mayor shall be recognized as the head of
the city for ceremonial purposes and by the governor for purposes of military law. He or she shall have no regular administrative duties, but in time of public danger or emergency, if
so authorized by ordinance, shall take command of the
police, maintain law, and enforce order. [2009 c 549 § 3018;
1975 1st ex.s. c 155 § 2; 1967 ex.s. c 119 § 35A.13.030.]
35A.13.030
35A.13.033 Election on proposition to designate person elected to position one as chair—Subsequent holders
of position one to be chair. The city council of a councilmanager city may by resolution place before the voters of the
city, a proposition to designate the person elected to council
position one as the chair of the council with the powers and
duties set forth in RCW 35A.13.030. If a majority of those
voting on the proposition cast a positive vote, then at all subsequent general elections at which position one is on the ballot, the person who is elected to position one shall become the
chair upon taking office. [2009 c 549 § 3019; 1975 1st ex.s.
c 155 § 3.]
35A.13.033
35A.13.035 Mayor pro tempore or deputy mayor.
Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate
one of their number as mayor pro tempore or deputy mayor
for such period as the council may specify, to serve in the
absence or temporary disability of the mayor; or, in lieu
35A.13.035
(2010 Ed.)
35A.13.050
thereof, the council may, as the need may arise, appoint any
qualified person to serve as mayor pro tempore in the absence
or temporary disability of the mayor. In the event of the
extended excused absence or disability of a councilmember,
the remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability. [2009 c 549 § 3020; 1969 ex.s. c 81 § 1.]
Additional notes found at www.leg.wa.gov
35A.13.040 Compensation of councilmembers—
Expenses. The salaries of the councilmembers, including the
mayor, shall be fixed by ordinance and may be revised from
time to time by ordinance, but any increase or reduction in the
compensation attaching to an office shall not become effective until the expiration of the term then being served by the
incumbent: PROVIDED, That compensation of councilmembers may not be increased or diminished after their
election nor may the compensation of the mayor be increased
or diminished after the mayor has been chosen by the council.
Until councilmembers of a newly organized councilmanager code city may lawfully be paid as provided by salary
ordinance, such councilmembers shall be entitled to compensation in the same manner and in the same amount as councilmembers of such city prior to the adoption of this councilmanager plan.
Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city,
the first councilmembers shall be entitled to compensation as
follows: In cities having less than five thousand inhabitants—twenty dollars per meeting for not more than two
meetings per month; in cities having more than five thousand
but less than fifteen thousand inhabitants—a salary of one
hundred and fifty dollars per calendar month; in cities having
more than fifteen thousand inhabitants—a salary of four hundred dollars per calendar month. A councilmember who is
occupying the position of mayor, in addition to his or her salary as a councilmember, shall be entitled, while serving as
mayor, to an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the councilmember salary: PROVIDED, That such interim compensation
shall remain in effect only until a salary ordinance is passed
and becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the usual
compensation of such officers. Councilmembers shall
receive reimbursement for their actual and necessary
expenses incurred in the performance of the duties of their
office, or the council by ordinance may provide for a per
diem allowance. Procedure for approval of claims for
expenses shall be as provided by ordinance. [2009 c 549 §
3021; 1979 ex.s. c 18 § 25; 1967 ex.s. c 119 § 35A.13.040.]
35A.13.040
Additional notes found at www.leg.wa.gov
35A.13.050 City manager—Qualifications. The city
manager need not be a resident at the time of his or her
appointment, but shall reside in the code city after his or her
appointment unless such residence is waived by the council.
He or she shall be chosen by the council solely on the basis of
his or her executive and administrative qualifications with
special reference to his or her actual experience in, or his or
her knowledge of, accepted practice in respect to the duties of
35A.13.050
[Title 35A RCW—page 21]
35A.13.060
Title 35A RCW: Optional Municipal Code
his or her office. No person elected to membership on the
council shall be eligible for appointment as city manager
until one year has elapsed following the expiration of the
term for which he or she was elected. [2009 c 549 § 3022;
1967 ex.s. c 119 § 35A.13.050.]
35A.13.060 City manager may serve two or more cities. Whether the city manager shall devote his or her full
time to the affairs of one code city shall be determined by the
council. A city manager may serve two or more cities in that
capacity at the same time. [2009 c 549 § 3023; 1967 ex.s. c
119 § 35A.13.060.]
35A.13.060
35A.13.070 City manager—Bond and oath. Before
entering upon the duties of his or her office the city manager
shall take an oath or affirmation for the faithful performance
of his or her duties and shall execute and file with the clerk of
the council a bond in favor of the code city in such sum as
may be fixed by the council. The premium on such bond
shall be paid by the city. [2009 c 549 § 3024; 1967 ex.s. c
119 § 35A.13.070.]
35A.13.070
35A.13.080 City manager—Powers and duties. The
powers and duties of the city manager shall be:
(1) To have general supervision over the administrative
affairs of the code city;
(2) To appoint and remove at any time all department
heads, officers, and employees of the code city, except members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED, That the council may provide for the appointment by
the mayor, subject to confirmation by the council, of a city
planning commission, and other advisory citizens’ committees, commissions, and boards advisory to the city council:
PROVIDED FURTHER, That if the municipal judge of the
code city is appointed, such appointment shall be made by the
city manager subject to confirmation by the council, for a
four year term. The council may cause an audit to be made of
any department or office of the code city government and
may select the persons to make it, without the advice or consent of the city manager;
(3) To attend all meetings of the council at which his or
her attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant
the mayor to maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he or she may deem necessary or expedient;
(6) To prepare and submit to the council such reports as
may be required by that body or as he or she may deem it
advisable to submit;
(7) To keep the council fully advised of the financial
condition of the code city and its future needs;
(8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW,
and to be responsible for its administration upon adoption;
(9) To perform such other duties as the council may
determine by ordinance or resolution. [2009 c 549 § 3025;
1987 c 3 § 17; 1967 ex.s. c 119 § 35A.13.080.]
35A.13.080
Additional notes found at www.leg.wa.gov
[Title 35A RCW—page 22]
35A.13.090 Creation of departments, offices, and
employment—Compensation. On recommendation of the
city manager or upon its own action, the council may create
such departments, offices, and employments as it may find
necessary or advisable and may determine the powers and
duties of each department or office. Compensation of
appointive officers and employees may be fixed by ordinance
after recommendations are made by the city manager. The
appointive officers shall include a city clerk and a chief of
police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make provision for obtaining legal counsel for the city, either by
appointment of a city attorney on a full time or part time
basis, or by any reasonable contractual arrangement for such
professional services. [1967 ex.s. c 119 § 35A.13.090.]
35A.13.090
35A.13.100 City manager—Department heads—
Authority. The city manager may authorize the head of a
department or office responsible to him or her to appoint and
remove subordinates in such department or office. Any
officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who
holds his or her position subject to civil service, may be
removed by the manager or other such appointing officer at
any time subject to any applicable law, rule, or regulation
relating to civil service. Subject to the provisions of RCW
35A.13.080 and any applicable civil service provisions, the
decision of the manager or other appointing officer, shall be
final and there shall be no appeal therefrom to any other
office, body, or court whatsoever. [2009 c 549 § 3026; 1967
ex.s. c 119 § 35A.13.100.]
35A.13.100
35A.13.110 City manager—Appointment of subordinates—Qualifications—Terms. Appointments made by or
under the authority of the city manager shall be on the basis
of ability and training or experience of the appointees in the
duties which they are to perform, and shall be in compliance
with provisions of any merit system applicable to such city.
Residence within the code city shall not be a requirement. All
such appointments shall be without definite term. [1967 ex.s.
c 119 § 35A.13.110.]
35A.13.110
35A.13.120 City manager—Interference by councilmembers. Neither the council, nor any of its committees
or members, shall direct the appointment of any person to, or
his or her removal from, office by the city manager or any of
his or her subordinates. Except for the purpose of inquiry, the
council and its members shall deal with the administrative
service solely through the manager and neither the council
nor any committee or member thereof shall give orders to any
subordinate of the city manager, either publicly or privately.
The provisions of this section do not prohibit the council,
while in open session, from fully and freely discussing with
the city manager anything pertaining to appointments and
removals of city officers and employees and city affairs.
[2009 c 549 § 3027; 1967 ex.s. c 119 § 35A.13.120.]
35A.13.120
35A.13.130 City manager—Removal—Resolution
and notice. The city manager shall be appointed for an
indefinite term and may be removed by a majority vote of the
35A.13.130
(2010 Ed.)
Annexation by Code Cities
council. At least thirty days before the effective date of his or
her removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority
vote of the city council stating the council’s intention to
remove him or her and the reasons therefor. Upon passage of
the resolution stating the council’s intention to remove the
manager, the council by a similar vote may suspend him or
her from duty, but his or her pay shall continue until his or her
removal becomes effective. [2009 c 549 § 3028; 1967 ex.s. c
119 § 35A.13.130.]
35A.13.140 City manager—Removal—Reply and
hearing. The city manager may, within thirty days from the
date of service upon him or her of a copy thereof, reply in
writing to the resolution stating the council’s intention to
remove him or her. In the event no reply is timely filed, the
resolution shall upon the thirty-first day from the date of such
service, constitute the final resolution removing the manager
and his or her services shall terminate upon that day. If a
reply shall be timely filed with the city clerk, the council shall
fix a time for a public hearing upon the question of the manager’s removal and a final resolution removing the manager
shall not be adopted until a public hearing has been had. The
action of the council in removing the manager shall be final.
[2009 c 549 § 3029; 1967 ex.s. c 119 § 35A.13.140.]
35A.13.140
35A.13.150 City manager—Substitute. The council
may designate a qualified administrative officer of the city or
town to perform the duties of manager:
(1) Upon the adoption of the council-manager plan,
pending the selection and appointment of a manager; or
(2) Upon the termination of the services of a manager,
pending the selection and appointment of a new manager; or
(3) During the absence, disability, or suspension of the
manager. [1967 ex.s. c 119 § 35A.13.150.]
35A.13.150
35A.13.160 Oath and bond of officers. All provisions
of RCW 35A.12.080 relating to oaths and bonds of officers,
shall be applicable to code cities organized under this council-manager plan. [1967 ex.s. c 119 § 35A.13.160.]
35A.13.160
35A.13.170 Council meetings—Quorum—Rules—
Voting. All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings,
a quorum for transaction of business, rules and voting at
council meetings, shall be applicable to code cities organized
under this council-manager plan. [1979 ex.s. c 18 § 26; 1967
ex.s. c 119 § 35A.13.170.]
No ordinance or any section or subsection thereof shall
be revised or amended unless the new ordinance sets forth the
revised ordinance or the amended section or subsection at full
length.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided by statute or
charter, except that an ordinance passed by a majority plus
one of the whole membership of the council, designated
therein as a public emergency ordinance necessary for the
protection of public health, public safety, public property or
the public peace, may be made effective upon adoption, but
such ordinance may not levy taxes, grant, renew, or extend a
franchise, or authorize the borrowing of money. [1967 ex.s.
c 119 § 35A.13.190.]
35A.13.200 Authentication, recording and publication of ordinances. Ordinances of code cities organized
under this chapter shall be authenticated, recorded and published as provided in RCW 35A.12.150 and 35A.12.160.
[1967 ex.s. c 119 § 35A.13.200.]
35A.13.200
35A.13.210 Audit and allowance of demands against
city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. [1967 ex.s. c 119 §
35A.13.210.]
35A.13.210
35A.13.220 Optional division of city into wards. A
code city organized under this chapter may be divided into
wards as provided in RCW 35A.12.180. [1967 ex.s. c 119 §
35A.13.220.]
35A.13.220
35A.13.230 Powers of council. The council of any
code city organized under the council-manager plan provided
in this chapter shall have the powers and authority granted to
legislative bodies of cities governed by this title as more particularly described in chapter 35A.11 RCW, except insofar as
such power and authority is vested in the city manager. [1967
ex.s. c 119 § 35A.13.230.]
35A.13.230
Chapter 35A.14
35A.13.170
35A.14.001
35A.14.005
35A.14.010
35A.14.015
35A.14.020
35A.14.025
35A.13.180
35A.13.190 Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances shall be as follows:
"The city council of the city of . . . . . . do ordain as follows:"
No ordinance shall contain more than one subject and that
must be clearly expressed in its title.
35A.14.030
35A.14.040
35A.14.050
35A.14.070
35A.14.080
35A.13.190
(2010 Ed.)
Chapter 35A.14 RCW
ANNEXATION BY CODE CITIES
Sections
Additional notes found at www.leg.wa.gov
35A.13.180 Adoption of codes by reference. Ordinances of cities organized under this chapter may adopt codes
by reference as provided in RCW 35A.12.140. [1967 ex.s. c
119 § 35A.13.180.]
Chapter 35A.14
35A.14.085
35A.14.090
35A.14.100
Actions subject to review by boundary review board.
Annexations beyond urban growth areas prohibited.
Authority for annexation.
Election method—Resolution for election—Contents of resolution.
Election method—Contents of petition—Certification by
auditor—Approval or rejection by legislative body—
Costs.
Election method—Creation of community municipal corporation.
Filing of petition as approved by city.
Election method—Hearing by review board—Notice.
Decision of the county annexation review board—Filing—
Date for election.
Election method—Notice of election.
Election method—Vote required for annexation—Proposition for assumption of indebtedness—Certification.
Election method—Vote required for annexation with
assumption of indebtedness—Without assumption of
indebtedness.
Election method—Ordinance providing for annexation,
assumption of indebtedness.
Election method—Effective date of annexation.
[Title 35A RCW—page 23]
35A.14.001
35A.14.110
35A.14.120
35A.14.130
35A.14.140
35A.14.150
35A.14.160
35A.14.170
35A.14.180
35A.14.190
35A.14.200
35A.14.210
35A.14.220
35A.14.231
35A.14.295
35A.14.297
35A.14.299
35A.14.300
35A.14.310
35A.14.320
35A.14.330
35A.14.340
35A.14.380
35A.14.400
35A.14.410
35A.14.420
35A.14.430
35A.14.440
35A.14.450
35A.14.460
35A.14.470
35A.14.475
35A.14.480
35A.14.485
35A.14.488
35A.14.490
35A.14.500
35A.14.550
35A.14.700
35A.14.801
35A.14.900
35A.14.901
Title 35A RCW: Optional Municipal Code
Election method is alternative.
Direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition.
Direct petition method—Notice of hearing.
Direct petition method—Ordinance providing for annexation.
Direct petition method—Effective date of annexation.
Annexation review board—Composition.
Time for filing nominations—Vacancies.
Terms of members.
Organization of annexation review board—Rules—Journal—Authority.
Determination by county annexation review board—Factors
considered—Filing of findings and decision.
Court review of decisions of the county annexation review
board.
When review procedure may be dispensed with.
Territory subject to annexation proposal—When annexation
by another city or incorporation allowed.
Annexation of unincorporated island of territory within code
city—Resolution—Notice of hearing.
Ordinance providing for annexation of unincorporated island
of territory—Referendum.
Annexation of unincorporated island of territory within code
city—Referendum—Effective date if no referendum.
Annexation for municipal purposes.
Annexation of federal areas.
Annexation of federal areas—Provisions of ordinance—
Authority over annexed territory.
Proposed zoning regulation—Purposes of regulations and
restrictions.
Notice and hearing—Filings and recordings.
Ownership of assets of fire protection district—Assumption
of responsibility of fire protection—When at least sixty
percent of assessed valuation is annexed or incorporated in
code city.
Ownership of assets of fire protection district—When less
than sixty percent of assessed valuation is annexed or
incorporated in code city.
When right-of-way may be included—Use of right-of-way
line as corporate boundary.
Alternative direct petition method—Notice to legislative
body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition.
Alternative direct petition method—Notice of hearing.
Alternative direct petition method—Ordinance providing for
annexation.
Alternative direct petition method—Effective date of annexation.
Annexation of territory within urban growth areas—Interlocal agreement—Public hearing—Ordinance providing for
annexation.
Annexation of territory within urban growth areas—County
may initiate process with other cities or towns—Interlocal
agreement—Public hearing—Ordinance—Referendum—
Election, when necessary.
Annexation of territory within regional transit authorities.
Annexation of territory served by fire districts—Interlocal
agreement process.
Annexation of fire districts—Transfer of employees.
Fire protection and safety in proposed annexed territory—
Report request.
Annexation of territory used for an agricultural fair.
Outstanding indebtedness not affected.
Providing annexation information to public.
Determining population of annexed territory—Certificate—
As basis for allocation of state funds—Revised certificate.
Taxes collected in annexed territory—Notification of annexation.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed—Regulation of solid waste collection.
Application of chapter to annexations involving water or
sewer service.
Annexation of fire protection district territory: RCW 35.02.190 through
35.02.205.
Resolution initiating election may provide for inclusion of annexed area into
community municipal corporation: RCW 35.13.015.
Water, sewer, or fire districts, annexation of: Chapter 35.13A RCW.
[Title 35A RCW—page 24]
35A.14.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.14 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 38.]
35A.14.001
35A.14.005 Annexations beyond urban growth areas
prohibited. No code city located in a county in which urban
growth areas have been designated under RCW 36.70A.110
may annex territory beyond an urban growth area. [1990 1st
ex.s. c 17 § 31.]
35A.14.005
Additional notes found at www.leg.wa.gov
35A.14.010 Authority for annexation. Any portion of
a county not incorporated as part of a city or town but lying
contiguous to a code city may become a part of the charter
code city or noncharter code city by annexation. An area proposed to be annexed to a charter code city or noncharter code
city shall be deemed contiguous thereto even though separated by water or tide or shore lands and, upon annexation of
such area, any such intervening water and/or tide or shore
lands shall become a part of such annexing city. [2009 c 402
§ 4; 1967 ex.s. c 119 § 35A.14.010.]
35A.14.010
Intent—2009 c 402: See note following RCW 35.13.490.
35A.14.015 Election method—Resolution for election—Contents of resolution. When the legislative body of
a charter code city or noncharter code city shall determine
that the best interests and general welfare of such city would
be served by the annexation of unincorporated territory contiguous to such city, such legislative body may, by resolution,
call for an election to be held to submit to the voters of such
territory the proposal for annexation. The resolution shall,
subject to RCW 35.02.170, describe the boundaries of the
area to be annexed, state the number of voters residing
therein as nearly as may be, and shall provide that said city
will pay the cost of the annexation election. The resolution
may require that there also be submitted to the electorate of
the territory sought to be annexed a proposition that all property within the area annexed shall, upon annexation, be
assessed and taxed at the same rate and on the same basis as
the property of such annexing city is assessed and taxed to
pay for all or any portion of the then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or
incurred prior to, or existing at, the date of annexation.
Whenever such city has prepared and filed a proposed zoning
regulation for the area to be annexed as provided for in RCW
35A.14.330 and 35A.14.340, the resolution initiating the
election may also provide for the simultaneous adoption of
the proposed zoning regulation upon approval of annexation
by the electorate of the area to be annexed. A certified copy
of the resolution shall be filed with the legislative authority of
the county in which said territory is located. A certified copy
of the resolution shall be filed with the boundary review
board as provided for in chapter 36.93 RCW or the county
annexation review board established by RCW 35A.14.200,
unless such annexation proposal is within the provisions of
RCW 35A.14.220. [1986 c 234 § 29; 1979 ex.s. c 124 § 1;
1975 1st ex.s. c 220 § 14; 1971 ex.s. c 251 § 10; 1967 ex.s. c
119 § 35A.14.015.]
35A.14.015
(2010 Ed.)
Annexation by Code Cities
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Additional notes found at www.leg.wa.gov
35A.14.020 Election method—Contents of petition—
Certification by auditor—Approval or rejection by legislative body—Costs. When a petition is sufficient under the
rules set forth in RCW 35A.01.040, calling for an election to
vote upon the annexation of unincorporated territory contiguous to a code city, describing the boundaries of the area proposed to be annexed, stating the number of voters therein as
nearly as may be, and signed by qualified electors resident in
such territory equal in number to ten percent of the votes cast
at the last state general election therein, it shall be filed with
the auditor of the county in which all, or the greatest portion,
of the territory is located, and a copy of the petition shall be
filed with the legislative body of the code city. If the territory
is located in more than a single county, the auditor of the
county with whom the petition is filed shall act as the lead
auditor and transmit a copy of the petition to the auditor of
each other county within which a portion of the territory is
located. The auditor or auditors shall examine the petition,
and the auditor or lead auditor shall certify the sufficiency of
the petition to the legislative authority of the code city.
If the signatures on the petition are certified as containing sufficient valid signatures, the city legislative authority
shall, by resolution entered within sixty days thereafter,
notify the petitioners, either by mail or by publication in the
same manner notice of hearing is required by RCW
35A.14.040 to be published, of its approval or rejection of the
proposed action. In approving the proposed action, the legislative body may require that there also be submitted to the
electorate of the territory to be annexed, a proposition that all
property within the area to be annexed shall, upon annexation, be assessed and taxed at the same rate and on the same
basis as the property of such annexing city is assessed and
taxed to pay for all or any portion of the then-outstanding
indebtedness of the city to which said area is annexed, which
indebtedness has been approved by the voters, contracted for,
or incurred prior to, or existing at, the date of annexation.
Only after the legislative body has completed preparation and
filing of a proposed zoning regulation for the area to be
ann ex ed as pr ov ided fo r in R CW 3 5A.14 .33 0 and
35A.14.340, the legislative body in approving the proposed
action, may require that the proposed zoning regulation be
simultaneously adopted upon the approval of annexation by
the electorate of the area to be annexed. The approval of the
legislative body shall be a condition precedent to further proceedings upon the petition. The costs of conducting the election called for in the petition shall be a charge against the city
concerned. The proposition or questions provided for in this
section may be submitted to the voter either separately or as a
single proposition. [1989 c 351 § 4; 1981 c 332 § 6; 1979
ex.s. c 124 § 2; 1967 ex.s. c 119 § 35A.14.020.]
35A.14.020
Additional notes found at www.leg.wa.gov
35A.14.025 Election method—Creation of community municipal corporation. The resolution initiating the
annexation of territory under RCW 35A.14.015, and the petition initiating the annexation of territory under RCW
35A.14.020, may provide for the simultaneous creation of a
35A.14.025
(2010 Ed.)
35A.14.040
community municipal corporation and election of community council members as provided for in chapter 35.14 RCW,
as separate ballot measures or as part of the same ballot measure authorizing the annexation, or for the simultaneous
inclusion of the annexed area into a named existing community municipal corporation operating under chapter 35.14
RCW, as separate ballot measures or as part of the same ballot measure authorizing the annexation. If the petition so provides for the creation of a community municipal corporation
and election of community council members, the petition
shall describe the boundaries of the proposed service area,
state the number of voters residing therein as nearly as may
be, and pray for the election of community council members
by the voters residing in the service area.
The ballots shall contain the words "For annexation and
creation of community municipal corporation" and "Against
annexation and creation of community municipal corporation," or "For creation of community municipal corporation"
and "Against creation of community municipal corporation,"
as the case may be. Approval of either optional ballot proposition shall be by simple majority vote of the voters voting on
the proposition, but the annexation must be authorized before
a community municipal corporation is created. [1993 c 75 §
3.]
35A.14.030 Filing of petition as approved by city.
Upon approval of the petition for election by the legislative
body of the code city to which such territory is proposed to be
annexed, the petition shall be filed with the legislative authority of the county in which such territory is located, along with
a statement, in the form required by the city, of the provisions, if any there be, relating to assumption of the portion of
the debt that the city requires to be assumed by the owners of
property of the area proposed to be annexed, and/or the
simultaneous adoption of a proposed zoning regulation for
the area. A copy of the petition and the statement, if any, shall
also be filed with the boundary review board as provided for
in chapter 36.93 RCW or the county annexation review board
established by RCW 35A.14.160, unless such proposed
annexation is within the provisions of RCW 35A.14.220.
[1979 ex.s. c 124 § 3; 1971 ex.s. c 251 § 6; 1967 ex.s. c 119 §
35A.14.030.]
35A.14.030
Additional notes found at www.leg.wa.gov
35A.14.040 Election method—Hearing by review
board—Notice. Within ten days after receipt of a petition or
resolution calling for an election on the question of annexation, the county annexation review board shall meet and, if
the proposed annexation complies with the requirements of
law, shall fix a date for a hearing thereon, to be held not less
than fifteen days nor more than thirty days thereafter, of
which hearing the city must give notice by publication at least
once a week for two weeks prior thereto in one or more newspapers of general circulation within the city and in one or
more newspapers of general circulation within the area proposed to be annexed. The hearing shall be held within the city
to which the territory is proposed to be annexed, at a time and
place to be designated by the board. Upon the day fixed, the
board shall conduct a hearing upon the petition or resolution,
at which hearing a representative of the city shall make a
35A.14.040
[Title 35A RCW—page 25]
35A.14.050
Title 35A RCW: Optional Municipal Code
brief presentation to the board in explanation of the annexation and the benefits to be derived therefrom, and the petitioners and any resident of the city or the area proposed to be
annexed shall be afforded a reasonable opportunity to be
heard. The hearing may be adjourned from time to time in the
board’s discretion, not to exceed thirty days in all from the
commencement of the hearing. [1967 ex.s. c 119 §
35A.14.040.]
35A.14.050 Decision of the county annexation review
board—Filing—Date for election. After consideration of
the proposed annexation as provided in RCW 35A.14.200,
the county annexation review board, within thirty days after
the final day of hearing, shall take one of the following
actions:
(1) Approval of the proposal as submitted.
(2) Subject to RCW 35.02.170, modification of the proposal by adjusting boundaries to include or exclude territory;
except that any such inclusion of territory shall not increase
the total area of territory proposed for annexation by an
amount exceeding the original proposal by more than five
percent: PROVIDED, That the county annexation review
board shall not adjust boundaries to include territory not
included in the original proposal without first affording to
residents and property owners of the area affected by such
adjustment of boundaries an opportunity to be heard as to the
proposal.
(3) Disapproval of the proposal.
The written decision of the county annexation review
board shall be filed with the board of county commissioners
and with the legislative body of the city concerned. If the
annexation proposal is modified by the county annexation
review board, such modification shall be fully set forth in the
written decision. If the decision of the boundary review board
or the county annexation review board is favorable to the
annexation proposal, or the proposal as modified by the
review board, the legislative body of the city at its next regular meeting if to be held within thirty days after receipt of the
decision of the boundary review board or the county annexation review board, or at a special meeting to be held within
that period, shall indicate to the county auditor its preference
for a special election date for submission of such annexation
proposal, with any modifications made by the review board,
to the voters of the territory proposed to be annexed. The special election date that is so indicated shall be one of the dates
for special elections provided under *RCW 29.13.020 that is
sixty or more days after the date the preference is indicated.
The county legislative authority shall call the special election
at the special election date so indicated by the city. If the
boundary review board or the county annexation review
board disapproves the annexation proposal, no further action
shall be taken thereon, and no proposal for annexation of the
same territory, or substantially the same as determined by the
board, shall be initiated or considered for twelve months
thereafter. [1989 c 351 § 5; 1986 c 234 § 30; 1975 1st ex.s. c
220 § 15; 1971 ex.s. c 251 § 7; 1967 ex.s. c 119 §
35A.14.050.]
35A.14.050
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
[Title 35A RCW—page 26]
Additional notes found at www.leg.wa.gov
35A.14.070 Election method—Notice of election.
Notice of an annexation election shall particularly describe
the boundaries of the area proposed to be annexed, as the
same may have been modified by the boundary review board
or the county annexation review board, state the objects of
the election as prayed in the petition or as stated in the resolution, and require the voters to cast ballots which shall contain the words "For Annexation" or "Against Annexation" or
words equivalent thereto, or contain the words "For Annexation and Adoption of Proposed Zoning Regulation", and
"Against Annexation and Adoption of Proposed Zoning Regulation", or words equivalent thereto in case the simultaneous
adoption of a proposed zoning regulation is proposed, and in
case the assumption of all or a portion of indebtedness is proposed, shall contain an appropriate, separate proposition for
or against the portion of indebtedness that the city requires to
be assumed. The notice shall be posted for at least two weeks
prior to the date of election in four public places within the
area proposed to be annexed and published at least once a
week for two weeks prior to the date of election in a newspaper of general circulation within the limits of the territory
proposed to be annexed. Such notice shall be in addition to
the notice required by general election law. [1994 c 223 § 38;
1979 ex.s. c 124 § 4; 1967 ex.s. c 119 § 35A.14.070.]
35A.14.070
Additional notes found at www.leg.wa.gov
35A.14.080 Election method—Vote required for
annexation—Proposition for assumption of indebtedness—Certification. On the Monday next succeeding the
annexation election, the county canvassing board shall proceed to canvass the returns thereof and shall submit the statement of canvass to the county legislative authority.
The proposition for or against annexation or for or
against annexation and adoption of the proposed zoning regulation, as the case may be, shall be deemed approved if a
majority of the votes cast on that proposition are cast in favor
of annexation or in favor of annexation and adoption of the
proposed zoning regulation, as the case may be. If a proposition for or against assumption of all or any portion of indebtedness was submitted to the electorate, it shall be deemed
approved if a majority of at least three-fifths of the electors of
the territory proposed to be annexed voting on such proposition vote in favor thereof, and the number of persons voting
on such proposition constitutes not less than forty percent of
the total number of votes cast in such territory at the last preceding general election. If either or both propositions were
approved by the electors, the county legislative authority
shall enter a finding to that effect on its minutes, a certified
copy of which shall be forthwith transmitted to and filed with
the clerk of the city to which annexation is proposed, together
with a certified abstract of the vote showing the whole number who voted at the election, the number of votes cast for
annexation and the number cast against annexation or for
annexation and adoption of the proposed zoning regulation
and the number cast against annexation and adoption of the
proposed zoning regulation, as the case may be, and if a proposition for assumption of all or any portion of indebtedness
was submitted to the electorate, the abstract shall include the
number of votes cast for assumption of indebtedness and the
35A.14.080
(2010 Ed.)
Annexation by Code Cities
number of votes cast against assumption of indebtedness,
together with a statement of the total number of votes cast in
such territory at the last preceding general election. [1979
ex.s. c 124 § 5; 1967 ex.s. c 119 § 35A.14.080.]
Additional notes found at www.leg.wa.gov
35A.14.085 Election method—Vote required for
annexation with assumption of indebtedness—Without
assumption of indebtedness. A code city may cause a proposition authorizing an area to be annexed to the city to be submitted to the qualified voters of the area proposed to be
annexed in the same ballot proposition as the question to
authorize an assumption of indebtedness. If the measures are
combined, the annexation and the assumption of indebtedness shall be authorized only if the proposition is approved by
at least three-fifths of the voters of the area proposed to be
annexed voting on the proposition, and the number of persons
voting on the proposition constitutes not less than forty percent of the total number of votes cast in the area at the last
preceding general election.
However, the code city council may adopt a resolution
accepting the annexation, without the assumption of indebtedness, where the combined ballot proposition is approved by
a simple majority vote of the voters voting on the proposition.
[1989 c 84 § 23.]
35A.14.085
35A.14.090 Election method—Ordinance providing
for annexation, assumption of indebtedness. Upon filing
of the certified copy of the finding of the county legislative
authority, the clerk shall transmit it to the legislative body of
the city at the next regular meeting or as soon thereafter as
practicable. If only a proposition relating to annexation or to
annexation and adoption of a proposed zoning regulation was
submitted to the voters and such proposition was approved,
the legislative body shall adopt an ordinance providing for
the annexation or adopt ordinances providing for the annexation and adoption of a proposed zoning regulation, as the
case may be. If a proposition for annexation or for annexation
and adoption of a proposed zoning regulation, and a proposition for assumption of all or any portion of indebtedness were
both submitted, and both were approved, the legislative body
shall adopt an ordinance providing for the annexation or for
annexation and adoption of the proposed zoning regulation,
including the assumption of the portion of indebtedness that
was approved by the voters. If both propositions were submitted and only the annexation or the annexation and adoption of the proposed zoning regulation was approved, the legislative body may adopt an ordinance providing for the
annexation or adopt ordinances providing for the annexation
and adoption of the proposed zoning regulation, as the case
may be, or the legislative body may refuse to annex when a
proposal for assumption of the portion of indebtedness has
been disapproved by the voters. [1979 ex.s. c 124 § 6; 1967
ex.s. c 119 § 35A.14.090.]
35A.14.090
Additional notes found at www.leg.wa.gov
35A.14.100 Election method—Effective date of
annexation. Upon the date fixed in the ordinance of annexation, the area annexed shall become a part of the city. Upon
the date fixed in the ordinances of annexation and adoption of
35A.14.100
(2010 Ed.)
35A.14.120
the proposed zoning regulation, the area annexed shall
become a part of the city, and property in the annexed area
shall be subject to the proposed zoning regulation, as prepared and filed as provided for in RCW 35A.14.330 and
35A.14.340. All property within the territory hereafter
annexed shall, if the proposition approved by the people so
provides, be assessed and taxed at the same rate and on the
same basis as the property of such annexing city is assessed
and taxed to pay for the portion of indebtedness of the city
that was approved by the voters. [1979 ex.s. c 124 § 7; 1967
ex.s. c 119 § 35A.14.100.]
Additional notes found at www.leg.wa.gov
35A.14.110
35A.14.110 Election method is alternative. The
method of annexation provided for in RCW 35A.14.015
through 35A.14.100 is an alternative method and is additional to the other methods provided for in this chapter.
[1967 ex.s. c 119 § 35A.14.110.]
35A.14.120
35A.14.120 Direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness—
Proposed zoning regulation—Contents of petition. Proceedings for initiating annexation of unincorporated territory
to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the
territory proposed to be annexed, in the following manner.
This method of annexation shall be alternative to other methods provided in this chapter. Prior to the circulation of a petition for annexation, the initiating party or parties, who shall
be the owners of not less than ten percent in value, according
to the assessed valuation for general taxation of the property
for which annexation is sought, shall notify the legislative
body of the code city in writing of their intention to commence annexation proceedings. The legislative body shall set
a date, not later than sixty days after the filing of the request,
for a meeting with the initiating parties to determine whether
the code city will accept, reject, or geographically modify the
proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a
proposal has been prepared and filed for the area to be
a nn ex e d a s pr o vide d fo r in R CW 3 5A.1 4. 33 0 a nd
35A.14.340, and whether it shall require the assumption of all
or of any portion of existing city indebtedness by the area to
be annexed. If the legislative body requires the assumption of
all or of any portion of indebtedness and/or the adoption of a
proposed zoning regulation, it shall record this action in its
minutes and the petition for annexation shall be so drawn as
to clearly indicate these facts. Approval by the legislative
body shall be a condition precedent to circulation of the petition. There shall be no appeal from the decision of the legislative body. A petition for annexation of an area contiguous
to a code city may be filed with the legislative body of the
municipality to which annexation is desired. It must be
signed by the owners, as defined by RCW 35A.01.040(9) (a)
through (d), of not less than sixty percent in value, according
to the assessed valuation for general taxation of the property
for which annexation is petitioned: PROVIDED, That a petition for annexation of an area having at least eighty percent of
the boundaries of such area contiguous with a portion of the
boundaries of the code city, not including that portion of the
[Title 35A RCW—page 27]
35A.14.130
Title 35A RCW: Optional Municipal Code
boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in
this state, need be signed by only the owners of not less than
fifty percent in value according to the assessed valuation for
general taxation of the property for which the annexation is
petitioned. Such petition shall set forth a description of the
property according to government legal subdivisions or legal
plats and shall be accompanied by a map which outlines the
boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or any portion
of city indebtedness by the area annexed or the adoption of a
proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition. [1989 c 351 § 6;
1979 ex.s. c 124 § 8; 1967 ex.s. c 119 § 35A.14.120.]
Sufficiency of petition in code city: RCW 35A.01.040.
Additional notes found at www.leg.wa.gov
35A.14.130 Direct petition method—Notice of hearing. Whenever such a petition for annexation is filed with the
legislative body of a code city, which petition meets the
requirements herein specified and is sufficient according to
the rules set forth in RCW 35A.01.040, the legislative body
may entertain the same, fix a date for a public hearing thereon
and cause notice of the hearing to be published in one or more
issues of a newspaper of general circulation in the city. The
notice shall also be posted in three public places within the
territory proposed for annexation, and shall specify the time
and place of hearing and invite interested persons to appear
and voice approval or disapproval of the annexation. [1967
ex.s. c 119 § 35A.14.130.]
35A.14.130
35A.14.140 Direct petition method—Ordinance providing for annexation. Following the hearing, if the legislative body determines to effect the annexation, they shall do so
by ordinance. Subject to RCW 35.02.170, the ordinance may
annex all or any portion of the proposed area but may not
include in the annexation any property not described in the
petition. Upon passage of the annexation ordinance a certified copy shall be filed with the board of county commissioners of the county in which the annexed property is located.
[1986 c 234 § 31; 1975 1st ex.s. c 220 § 16; 1967 ex.s. c 119
§ 35A.14.140.]
35A.14.140
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
35A.14.150 Direct petition method—Effective date of
annexation. Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city. All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same
rate and on the same basis as the property of such annexing
code city is assessed and taxed to pay for the portion of any
then-outstanding indebtedness of the city to which said area
is annexed, which indebtedness has been approved by the
voters, contracted for, or incurred prior to, or existing at, the
date of annexation and that the city has required to be
assumed. If the annexation petition so provided, all property
in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for
35A.14.150
[Title 35A RCW—page 28]
in RCW 35A.14.330 and 35A.14.340. [1979 ex.s. c 124 § 9;
1967 ex.s. c 119 § 35A.14.150.]
Additional notes found at www.leg.wa.gov
35A.14.160 Annexation review board—Composition. There is hereby established in each county of the state,
other than counties having a boundary review board as provided for in chapter 189, Laws of 1967 [chapter 36.93 RCW],
a board to be known as the "annexation review board for the
county of . . . . . . (naming the county)", which shall be
charged with the duty of reviewing proposals for annexation
of unincorporated territory to charter code cities and noncharter code cities within its respective county; except that proposals within the provisions of RCW 35A.14.220 shall not be
subject to the jurisdiction of such board.
In all counties in which a boundary review board is
established pursuant to chapter 189, Laws of 1967 [chapter
36.93 RCW] review of proposals for annexation of unincorporated territory to charter code cities and noncharter code
cities within such counties shall be subject to chapter 189,
Laws of 1967 [chapter 36.93 RCW]. Whenever any county
establishes a boundary review board pursuant to chapter 189,
Laws of 1967 [chapter 36.93 RCW] the provisions of this act
relating to annexation review boards shall not be applicable.
Except as provided above in this section, whenever one
or more cities of a county shall have elected to be governed
by this title by becoming a charter code city or noncharter
code city, the governor shall, within forty-five days thereafter, appoint an annexation review board for such county consisting of five members appointed in the following manner:
Two members shall be selected independently by the
governor. Three members shall be selected by the governor
from the following sources: (1) One member shall be
appointed from nominees of the individual members of the
board of county commissioners; (2) one member shall be
appointed from nominees of the individual mayors of charter
code cities within such county; (3) one member shall be
appointed from nominees of the individual mayors of noncharter code cities within such county.
Each source shall nominate at least two persons for an
available position. In the event there are less than two nominees for any position, the governor may appoint the member
for that position independently. If, at the time of appointment,
there are within the county no cities of one of the classes
named above as a nominating source, a position which would
otherwise have been filled by nomination from such source
shall be filled by independent appointment of the governor.
In making appointments independently and in making
appointments from among nominees, the governor shall
strive to appoint persons familiar with municipal government
and administration by experience and/or training. [1971 ex.s.
c 251 § 8; 1967 ex.s. c 119 § 35A.14.160.]
35A.14.160
Additional notes found at www.leg.wa.gov
35A.14.170 Time for filing nominations—Vacancies.
Upon the initial formation of a county annexation review
board the governor shall give written notice of such formation to all the nominating sources designated therein and
nominations must be filed with the office of the governor
within fifteen days after receipt of such notice. Nominations
35A.14.170
(2010 Ed.)
Annexation by Code Cities
to fill vacancies caused by expiration of terms must be filed
at least thirty days preceding the expiration of the terms.
When vacancies occur in the membership of the board, the
governor shall solicit nominations from the appropriate
source and if none are filed within fifteen days thereafter, the
governor shall fill the vacancy by an independent appointment. [1967 ex.s. c 119 § 35A.14.170.]
35A.14.180 Terms of members. The members of the
annexation review board shall be appointed for five year
terms. Upon the initial formation of a board, one member
appointed by the governor independently shall be appointed
for a four year term, the member appointed from among nominees of the board of county commissioners shall be
appointed for a three year term, the member appointed from
among nominees of the mayors of noncharter code cities
shall be appointed for a three year term, and the remaining
members shall be appointed for five year terms. Thereafter
board members shall be appointed for five year terms as the
terms of their predecessors expire. Members shall be eligible
for reappointment to the board for successive terms. [1967
ex.s. c 119 § 35A.14.180.]
35A.14.180
35A.14.190 Organization of annexation review
board—Rules—Journal—Authority. The members of
each annexation review board shall elect from among the
members a chair and a vice chair, and may employ a nonmember as chief clerk, who shall be the secretary of the
board. The board shall determine its own rules and order of
business, shall provide by resolution for the time and manner
of holding regular or special meetings, and shall keep a journal of its proceedings which shall be a public record. A
majority of all the members shall constitute a quorum for the
transaction of business.
The chief clerk of the board, the chair, or the vice chair
shall have the power to administer oaths and affirmations,
certify to all official acts, issue subpoenas to any public
officer or employee ordering him or her to testify before the
board and produce public records, papers, books or documents. The chief clerk, the chair or the vice chair may invoke
the aid of any court of competent jurisdiction to carry out
such powers.
The planning departments of the county, other counties,
and any city, and any state or regional planning agency shall
furnish such information to the board at its request as may be
reasonably necessary for the performance of its duties.
At the request of the board, the state attorney general
shall provide counsel for the board. [2009 c 549 § 3030;
1967 ex.s. c 119 § 35A.14.190.]
35A.14.190
35A.14.200 Determination by county annexation
review board—Factors considered—Filing of findings
and decision. The jurisdiction of the county annexation
review board shall be invoked upon the filing with the board
of a resolution for an annexation election as provided in
RCW 35A.14.015, or of a petition for an annexation election
as provided in RCW 35A.14.030, and the board shall proceed
to hold a hearing, upon notice, all as provided in RCW
35A.14.040. A verbatim record shall be made of all testimony presented at the hearing and upon request and payment
35A.14.200
(2010 Ed.)
35A.14.210
of the reasonable costs thereof, a copy of the transcript of
such testimony shall be provided to any person or governmental unit. The board shall make and file its decision, all as
provided in RCW 35A.14.050, insofar as said section is
applicable to the matter before the board. Dissenting members of the board shall have the right to have their written dissents included as part of the decision. In reaching a decision
on an annexation proposal, the county annexation review
board shall consider the factors affecting such proposal,
which shall include but not be limited to the following:
(1) The immediate and prospective population of the
area proposed to be annexed, the configuration of the area,
land use and land uses, comprehensive use plans and zoning,
per capita assessed valuation, topography, natural boundaries
and drainage basins, the likelihood of significant growth in
the area and in adjacent incorporated and unincorporated
areas during the next ten years, location and coordination of
community facilities and services; and
(2) The need for municipal services and the available
municipal services, effect of ordinances and governmental
codes, regulations and resolutions on existing uses, present
cost and adequacy of governmental services and controls, the
probable future needs for such services and controls, the
probable effect of the annexation proposal or alternatives on
cost and adequacy of services and controls in area and adjacent area, the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental
units; and
(3) The effect of the annexation proposal or alternatives
on adjacent areas, on mutual economic and social interests,
and on the local governmental structure of the county.
The county annexation review board shall determine
whether the proposed annexation would be in the public
interest and for the public welfare. The decision of the board
shall be accompanied by the findings of the board. Such findings need not include specific data on all the factors listed in
this section, but shall indicate that all such factors were considered. [1971 ex.s. c 251 § 11; 1967 ex.s. c 119 §
35A.14.200.]
Additional notes found at www.leg.wa.gov
35A.14.210
35A.14.210 Court review of decisions of the county
annexation review board. Decisions of the county annexation review board shall be final unless within ten days from
the date of said action a governmental unit affected by the
decision or any person owning real property in or residing in
the area proposed to be annexed files in the superior court a
notice of appeal. The filing of such notice of appeal within
such time limit shall stay the effective date of the decision of
the board until such time as the appeal shall have been adjudicated or withdrawn. On appeal the superior court shall not
take any evidence other than that contained in the record of
the hearing before the board. The superior court may affirm
the decision of the county annexation review board or
remand the case for further proceedings; or the court may
reverse the decision and remand if it finds that substantial
rights have been prejudiced because the findings, conclusions, or decision of the board are:
(1) In violation of constitutional provisions; or
[Title 35A RCW—page 29]
35A.14.220
Title 35A RCW: Optional Municipal Code
(2) In excess of the statutory authority or jurisdiction of
the board; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Unsupported by material and substantial evidence in
view of the entire record as submitted; or
(6) Arbitrary or capricious. [1971 ex.s. c 251 § 12; 1967
ex.s. c 119 § 35A.14.210.]
Additional notes found at www.leg.wa.gov
35A.14.220
35A.14.220 When review procedure may be dispensed with. Annexations under the provisions of RCW
35A.14.295, 35A.14.297, 35A.14.300, and 35A.14.310 shall
not be subject to review by the annexation review board:
PROVIDED, That in any county in which a boundary review
board is established under chapter 36.93 RCW all annexations shall be subject to review except as provided for in
RCW 36.93.110. When the area proposed for annexation in a
petition or resolution, initiated and filed under any of the
methods of initiating annexation authorized by this chapter, is
less than fifty acres or less than two million dollars in
assessed valuation, review procedures shall not be required as
to such annexation proposal, except as provided in chapter
36.93 RCW in those counties with a review board established
pursuant to chapter 36.93 RCW: PROVIDED, That when an
annexation proposal is initiated by the direct petition method
authorized by RCW 35A.14.120, review procedures shall not
be required without regard to acreage or assessed valuation,
except as provided in chapter 36.93 RCW in those counties
with a boundary review board established pursuant to chapter
36.93 RCW. [1979 ex.s. c 18 § 27; 1973 1st ex.s. c 195 § 26;
1967 ex.s. c 119 § 35A.14.220.]
Additional notes found at www.leg.wa.gov
35A.14.231
35A.14.231 Territory subject to annexation proposal—When annexation by another city or incorporation allowed. After a petition proposing an annexation by a
code city has been filed with the city or the city legislative
authority, or after a resolution proposing the annexation by a
code city has been adopted by the city legislative authority,
no territory included in the proposed annexation may be
annexed by another city or town or incorporated into a city or
town unless: (1) The boundary review board or county
annexation review board created under RCW 35A.14.160
modifies the boundaries of the proposed annexation and
removes the territory; (2) the boundary review board or
county annexation review board created under RCW
35A.14.160 rejects the proposed annexation; or (3) the city
legislative authority rejects the proposed annexation or voters
defeat the ballot proposition authorizing the annexation.
[1994 c 216 § 8.]
Additional notes found at www.leg.wa.gov
35A.14.295
35A.14.295 Annexation of unincorporated island of
territory within code city—Resolution—Notice of hearing. (1) The legislative body of a code city may resolve to
annex territory containing residential property owners to the
city if there is within the city, unincorporated territory:
[Title 35A RCW—page 30]
(a) Containing less than one hundred acres and having at
least eighty percent of the boundaries of such area contiguous
to the code city; or
(b) Of any size and having at least eighty percent of the
boundaries of such area contiguous to the city if such area
existed before June 30, 1994, and is within the same county
and within the same urban growth area designated under
RCW 36.70A.110, and the city was planning under chapter
36.70A RCW as of June 30, 1994.
(2) The resolution shall describe the boundaries of the
area to be annexed, state the number of voters residing
therein as nearly as may be, and set a date for a public hearing
on such resolution for annexation. Notice of the hearing shall
be given by publication of the resolution at least once a week
for two weeks prior to the date of the hearing, in one or more
newspapers of general circulation within the code city and
one or more newspapers of general circulation within the area
to be annexed.
(3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same
river, lake, or other body of water. [1997 c 429 § 36; 1967
ex.s. c 119 § 35A.14.295.]
Additional notes found at www.leg.wa.gov
35A.14.297 Ordinance providing for annexation of
unincorporated island of territory—Referendum. On the
date set for hearing as provided in RCW 35A.14.295, residents or property owners of the area included in the resolution for annexation shall be afforded an opportunity to be
heard. The legislative body may provide by ordinance for
annexation of the territory described in the resolution, but the
effective date of the ordinance shall be not less than forty-five
days after the passage thereof. The legislative body shall
cause notice of the proposed effective date of the annexation,
together with a description of the property to be annexed, to
be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers
of general circulation within the city and in one or more
newspapers of general circulation within the area to be
annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of such requirements. Such annexation ordinance shall be subject to referendum for forty-five days after the passage thereof. Upon the
filing of a timely and sufficient referendum petition as provided in RCW 35A.14.299 below, a referendum election
shall be held as provided in RCW 35A.14.299, and the
annexation shall be deemed approved by the voters unless a
majority of the votes cast on the proposition are in opposition
thereto. After the expiration of the forty-fifth day from, but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
as provided by RCW 35A.14.299 below, the area annexed
shall become a part of the code city upon the date fixed in the
ordinance of annexation. [1967 ex.s. c 119 § 35A.14.297.]
35A.14.297
35A.14.299 Annexation of unincorporated island of
territory within code city—Referendum—Effective date
if no referendum. Such annexation ordinance as provided
35A.14.299
(2010 Ed.)
Annexation by Code Cities
for in RCW 35A.14.297 shall be subject to referendum for
forty-five days after the passage thereof. Upon the filing of a
timely and sufficient referendum petition with the legislative
body, signed by qualified electors in number equal to not less
than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation
shall be submitted to the voters of such area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330.
Notice of such election shall be given as provided in RCW
35A.14.070 and the election shall be conducted as provided
in RCW 35A.29.151. The annexation shall be deemed
approved by the voters unless a majority of the votes cast on
the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the code city upon the
date fixed in the ordinance of annexation. From and after
such date, if the ordinance so provided, property in the
annexed area shall be subject to the proposed zoning regulation prepared and filed for such area as provided in RCW
35A.14.330 and 35A.14.340. If the ordinance so provided,
all property within the area annexed shall be assessed and
taxed at the same rate and on the same basis as the property
of such annexing code city is assessed and taxed to pay for
any then outstanding indebtedness of such city contracted
prior to, or existing at, the date of annexation. [2006 c 344 §
25; 1967 ex.s. c 119 § 35A.14.299.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35A.14.300 Annexation for municipal purposes.
Legislative bodies of code cities may by a majority vote
annex territory outside the limits of such city whether contiguous or noncontiguous for any municipal purpose when such
territory is owned by the city. [1981 c 332 § 7; 1967 ex.s. c
119 § 35A.14.300.]
35A.14.300
Additional notes found at www.leg.wa.gov
35A.14.310 Annexation of federal areas. A code city
may annex an unincorporated area contiguous to the city that
is owned by the federal government by adopting an ordinance
providing for the annexation and which ordinance either
acknowledges an agreement of the annexation by the government of the United States, or accepts a gift, grant, or lease
from the government of the United States of the right to
occupy, control, improve it or sublet it for commercial, manufacturing, or industrial purposes: PROVIDED, That this
right of annexation shall not apply to any territory more than
four miles from the corporate limits existing before such
annexation. Whenever a code city proposes to annex territory
under this section, the city shall provide written notice of the
proposed annexation to the legislative authority of the county
within which such territory is located. The notice shall be
provided at least thirty days before the city proposes to adopt
the annexation ordinance. The city shall not adopt the annexation ordinance, and the annexation shall not occur under this
section, if within twenty-five days of receipt of the notice, the
county legislative authority adopts a resolution opposing the
annexation, which resolution makes a finding that the pro35A.14.310
(2010 Ed.)
35A.14.330
posed annexation will have an adverse fiscal impact on the
county or road district. [1985 c 105 § 1; 1967 ex.s. c 119 §
35A.14.310.]
35A.14.320
35A.14.320 Annexation of federal areas—Provisions
of ordinance—Authority over annexed territory. In the
ordinance annexing territory pursuant to a gift, grant, or lease
from the government of the United States, a code city may
include such tide and shorelands as may be necessary or convenient for the use thereof, and may include in the ordinance
an acceptance of the terms and conditions attached to the gift,
grant, or lease. A code city may cause territory annexed pursuant to a gift, grant, or lease of the government of the United
States to be surveyed, subdivided and platted into lots,
blocks, or tracts and lay out, reserve for public use, and
improve streets, roads, alleys, slips, and other public places.
It may grant or sublet any lot, block, or tract therein for commercial, manufacturing, or industrial purposes and reserve,
receive and collect rents therefrom. It may expend the rents
received therefrom in making and maintaining public
improvements therein, and if any surplus remains at the end
of any fiscal year, may transfer it to the city’s current expense
fund. [1967 ex.s. c 119 § 35A.14.320.]
35A.14.330
35A.14.330 Proposed zoning regulation—Purposes
of regulations and restrictions. The legislative body of any
code city acting through a planning agency created pursuant
to chapter 35A.63 RCW, or pursuant to its granted powers,
may prepare a proposed zoning regulation to become effective upon the annexation of any area which might reasonably
be expected to be annexed by the code city at any future time.
Such proposed zoning regulation, to the extent deemed reasonably necessary by the legislative body to be in the interest
of health, safety, morals and the general welfare may provide,
among other things, for:
(1) The regulation and restriction within the area to be
annexed of the location and the use of buildings, structures
and land for residence, trade, industrial and other purposes;
the height, number of stories, size, construction and design of
buildings and other structures; the size of yards, courts and
other open spaces on the lot or tract; the density of population; the set-back of buildings and structures along highways,
parks or public water frontages; and the subdivision and
development of land;
(2) The division of the area to be annexed into districts or
zones of any size or shape, and within such districts or zones
regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land;
(3) The appointment of a board of adjustment, to make,
in appropriate cases and subject to appropriate conditions and
safeguards established by ordinance, special exceptions in
harmony with the general purposes and intent of the proposed
zoning regulation; and
(4) The time interval following an annexation during
which the ordinance or resolution adopting any such proposed regulation, or any part thereof, must remain in effect
before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the annexing city
or town.
[Title 35A RCW—page 31]
35A.14.340
Title 35A RCW: Optional Municipal Code
All such regulations and restrictions shall be designed,
among other things, to encourage the most appropriate use of
land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide
adequate light and air; to prevent overcrowding of land; to
avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the
formation of neighborhood or community units; to secure an
appropriate allotment of land area in new developments for
all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage
and other public uses and requirements. [1967 ex.s. c 119 §
35A.14.330.]
35A.14.340 Notice and hearing—Filings and recordings. The legislative body of the code city shall hold two or
more public hearings, to be held at least thirty days apart,
upon the proposed zoning regulation, giving notice of the
time and place thereof by publication in a newspaper of general circulation in the annexing city and the area to be
annexed. A copy of the ordinance or resolution adopting or
embodying such proposed zoning regulation or any part
thereof or any amendment thereto, duly certified as a true
copy by the clerk of the annexing city, shall be filed with the
county auditor. A like certified copy of any map or plat
referred to or adopted by the ordinance or resolution shall
likewise be filed with the county auditor. The auditor shall
record the ordinance or resolution and keep on file the map or
plat. [1967 ex.s. c 119 § 35A.14.340.]
35A.14.340
Annexation of water, sewer, and fire districts: Chapter 35.13A RCW.
35A.14.380 Ownership of assets of fire protection
district—Assumption of responsibility of fire protection—When at least sixty percent of assessed valuation is
annexed or incorporated in code city. If a portion of a fire
protection district including at least sixty percent of the
assessed valuation of the real property of the district is
annexed to or incorporated into a code city, ownership of all
of the assets of the district shall be vested in the code city,
upon payment in cash, properties or contracts for fire protection services to the district within one year, of a percentage of
the value of said assets equal to the percentage of the value of
the real property in the entire district remaining outside the
incorporated or annexed area.
The fire protection district may elect, by a vote of a
majority of the persons residing outside the annexed area
who vote on the proposition, to require the annexing code
city to assume responsibility for the provision of fire protection, and for the operation and maintenance of the district’s
property, facilities, and equipment throughout the district and
to pay the code city a reasonable fee for such fire protection,
operation, and maintenance. [1981 c 332 § 8; 1967 ex.s. c
119 § 35A.14.380.]
35A.14.380
Additional notes found at www.leg.wa.gov
35A.14.400 Ownership of assets of fire protection
district—When less than sixty percent of assessed valuation is annexed or incorporated in code city. If a portion of
a fire protection district including less than sixty percent of
35A.14.400
[Title 35A RCW—page 32]
the assessed value of the real property of the district is
annexed to or incorporated into a code city, the ownership of
all assets of the district shall remain in the district and the district shall pay to the code city within one year or within such
period of time as the district continues to collect taxes in such
incorporated or annexed areas, in cash, properties or contracts for fire protection services, a percentage of the value of
said assets equal to the percentage of the value of the real
property in the entire district lying within the area so incorporated or annexed: PROVIDED, That if less than five percent
of the area of the district is affected, no payment shall be
made to the code city except as provided in RCW 35.02.205.
The fire protection district shall provide fire protection to the
incorporated or annexed area for such period as the district
continues to collect taxes levied in such annexed or incorporated area. [1989 c 267 § 2; 1967 ex.s. c 119 § 35A.14.400.]
35A.14.410 When right-of-way may be included—
Use of right-of-way line as corporate boundary. The
boundaries of a code city arising from an annexation of territory shall not include a portion of the right-of-way of any
public street, road, or highway except where the boundary
runs from one edge of the right-of-way to the other edge of
the right-of-way. However, the right-of-way line of any public street, road, or highway, or any segment thereof, may be
used to define a part of a corporate boundary in an annexation
proceeding. [1989 c 84 § 9.]
35A.14.410
35A.14.420 Alternative direct petition method—
Notice to legislative body—Meeting—Assumption of
indebtedness—Proposed zoning regulation—Contents of
petition. (1) Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code
city may be commenced by the filing of a petition of property
owners of the territory proposed to be annexed, in the following manner which is alternative to other methods provided in
this chapter:
(a) Before the circulation of a petition for annexation, the
initiating party or parties, who shall be the owners of not less
than ten percent of the acreage for which annexation is
sought, shall notify the legislative body of the code city in
writing of their intention to commence annexation proceedings;
(b) The legislative body shall set a date, not later than
sixty days after the filing of the request, for a meeting with
the initiating parties to determine whether the code city will
accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a
proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in
RCW 35A.14.330 and 35A.14.340, and whether it shall
require the assumption of all or any portion of existing city
indebtedness by the area to be annexed;
(c) If the legislative body requires the assumption of all
or any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to
clearly indicate these facts;
(d) Approval by the legislative body shall be a condition
precedent to circulation of the petition; and
35A.14.420
(2010 Ed.)
Annexation by Code Cities
(e) There shall be no appeal from the decision of the legislative body.
(2) A petition for annexation of an area contiguous to a
code city may be filed with the legislative body of the municipality to which annexation is desired. The petition for
annexation must be signed by the owners of a majority of the
acreage for which annexation is petitioned and a majority of
the registered voters residing in the area for which annexation
is petitioned.
(3) If no residents exist within the area proposed for
annexation, the petition must be signed by the owners of a
majority of the acreage for which annexation is petitioned.
(4) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW
35A.14.410, and shall be accompanied by a drawing that outlines the boundaries of the property sought to be annexed. If
the legislative body has required the assumption of all or any
portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together
with a quotation of the minute entry of such requirement, or
requirements, shall also be set forth in the petition. [2003 c
331 § 10.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.430 Alternative direct petition method—
Notice of hearing. When a petition for annexation is filed
with the legislative body of a code city, that meets the
requirements of RCW 35A.01.040 and 35A.14.420, the legislative body may entertain the same, fix a date for a public
hearing thereon and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the city. The notice shall also be posted in three public places within the territory proposed for annexation, and
shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of
the annexation. [2003 c 331 § 11.]
35A.14.430
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.440 Alternative direct petition method—
Ordinance providing for annexation. Following the hearing, if the legislative body determines to effect the annexation, they shall do so by ordinance. Subject to RCW
35A.14.410, the ordinance may annex all or any portion of
the proposed area but may not include in the annexation any
property not described in the petition. Upon passage of the
annexation ordinance, a certified copy shall be filed with the
board of county commissioners of the county in which the
annexed property is located. [2003 c 331 § 12.]
35A.14.440
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.450 Alternative direct petition method—
Effective date of annexation. Upon the date fixed in the
ordinance of annexation, the area annexed shall become part
of the city. All property within the annexed territory shall, if
the annexation petition so provided, be assessed and taxed at
the same rate and on the same basis as the property of the
annexing code city is assessed and taxed to pay for the portion of any then-outstanding indebtedness of the city to which
35A.14.450
(2010 Ed.)
35A.14.460
the area is annexed, which indebtedness has been approved
by the voters, contracted for, or incurred before, or existing
at, the date of annexation and that the city has required to be
assumed. If the annexation petition so provided, all property
in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for
in RCW 35A.14.330 and 35A.14.340. [2003 c 331 § 13.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.460
35A.14.460 Annexation of territory within urban
growth areas—Interlocal agreement—Public hearing—
Ordinance providing for annexation. (1) The legislative
body of a county or code city planning under chapter 36.70A
RCW and subject to the requirements of RCW 36.70A.215
may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an
interlocal agreement as provided in chapter 39.34 RCW
between a county and any code city within the county. The
territory proposed for annexation must meet the following
criteria: (a) Be within the code city urban growth area designated under RCW 36.70A.110, and (b) at least sixty percent
of the boundaries of the territory proposed for annexation
must be contiguous to the annexing code city or one or more
cities or towns.
(2) If the territory proposed for annexation has been designated in an adopted county comprehensive plan as part of
an urban growth area, urban service area, or potential annexation area for a specific city, or if the urban growth area territory proposed for annexation has been designated in a written
agreement between a city and a county for annexation to a
specific city or town, the designation or designations shall
receive full consideration before a city or county may initiate
the annexation process provided for in RCW 35A.14.470.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city legislative body shall
adopt an ordinance providing for the annexation of the territory described in the agreement. The legislative body shall
cause notice of the proposed effective date of the annexation,
together with a description of the property to be annexed, to
be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers
of general circulation within the city and in one or more
newspapers of general circulation within the territory to be
annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of the requirements.
Any territory to be annexed through an ordinance adopted
under this section is annexed and becomes a part of the city
upon the date fixed in the ordinance of annexation, which
date may not be fewer than forty-five days after adoption of
the ordinance. [2003 c 299 § 3.]
[Title 35A RCW—page 33]
35A.14.470
Title 35A RCW: Optional Municipal Code
35A.14.470 Annexation of territory within urban
growth areas—County may initiate process with other
cities or towns—Interlocal agreement—Public hearing—
Ordinance—Referendum—Election, when necessary. (1)
The legislative body of any county planning under chapter
36.70A RCW and subject to the requirements of RCW
36.70A.215 may initiate an annexation process with the legislative body of any other cities or towns that are contiguous
to the territory proposed for annexation in RCW 35A.14.460
if:
(a) The county legislative body initiated an annexation
process as provided in RCW 35A.14.460; and
(b) The affected city legislative body adopted a responsive resolution rejecting the proposed annexation or declined
to create the requested interlocal agreement with the county;
or
(c) More than one hundred eighty days have passed since
adoption of a county resolution as provided for in RCW
35A.14.460 and the parties have not adopted or executed an
interlocal agreement providing for the annexation of unincorporated territory. The legislative body for either the county
or an affected city may, however, pass a resolution extending
the negotiation period for one or more six-month periods if a
public hearing is held and findings of fact are made prior to
each extension.
(2) Any county initiating the process provided for in subsection (1) of this section must do so by adopting a resolution
commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between the county and any city
or town within the county. The annexation area must be
within an urban growth area designated under RCW
36.70A.110 and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cities or towns.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation. The
legislative body shall cause notice of the proposed effective
date of the annexation, together with a description of the
property to be annexed, to be published at least once each
week for two weeks subsequent to passage of the ordinance,
in one or more newspapers of general circulation within the
city and in one or more newspapers of general circulation
within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of
a proposed zoning regulation, the notice shall include a statement of the requirements. Any area to be annexed through an
ordinance adopted under this section is annexed and becomes
a part of the city or town upon the date fixed in the ordinance
of annexation, which date may not be less than forty-five
days after adoption of the ordinance.
(5) The annexation ordinances provided for in RCW
35A.14.460(4) and subsection (4) of this section are subject
35A.14.470
[Title 35A RCW—page 34]
to referendum for forty-five days after passage. Upon the filing of a timely and sufficient referendum petition with the
legislative body, signed by registered voters in number equal
to not less than fifteen percent of the votes cast in the last general state election in the area to be annexed, the question of
annexation shall be submitted to the voters of the area in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW
29A.04.330. Notice of the election shall be given as provided
in RCW 35A.14.070 and the election shall be conducted as
provided in the general election law. The annexation shall be
deemed approved by the voters unless a majority of the votes
cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation.
(6) If more than one city or town adopts interlocal agreements providing for annexation of the same unincorporated
territory as provided by this section, an election shall be held
in the area to be annexed pursuant to RCW 35A.14.070. In
addition to the provisions of RCW 35A.14.070, the ballot
shall also contain a separate proposition allowing voters to
cast votes in favor of annexation to any one city or town participating in an interlocal agreement as provided by this section. If a majority of voters voting on the proposition vote
against annexation, the proposition is defeated. If, however,
a majority of voters voting in the election approve annexation, the area shall be annexed to the city or town receiving
the highest number of votes among those cast in favor of
annexation.
(7) Costs for an election required under subsection (6) of
this section shall be borne by the county. [2006 c 344 § 26;
2003 c 299 § 4.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35A.14.475 Annexation of territory within regional
transit authorities. When territory is annexed under this
chapter to a code city located within the boundaries of a
regional transit authority, the territory is simultaneously
included within the boundaries of the authority and subject
from the effective date of the annexation to all taxes and other
liabilities and obligations applicable within the code city with
respect to the authority. The code city must notify the authority of the annexation. [2010 c 19 § 2.]
35A.14.475
35A.14.480 Annexation of territory served by fire
districts—Interlocal agreement process. (1)(a) An annexation by a code city proposing to annex territory served by
one or more fire protection districts may be accomplished by
ordinance after entering into an interlocal agreement as provided in chapter 39.34 RCW with the county and the fire protection district or districts that have jurisdiction over the territory proposed for annexation.
(b) A code city proposing to annex territory shall initiate
the interlocal agreement process by sending notice to the fire
protection district representative and county representative
stating the code city’s interest to enter into an interlocal
agreement negotiation process. The parties have forty-five
35A.14.480
(2010 Ed.)
Annexation by Code Cities
days to respond in the affirmative or negative. A negative
response must state the reasons the parties do not wish to participate in an interlocal agreement negotiation. A failure to
respond within the forty-five day period is deemed an affirmative response and the interlocal agreement negotiation
process may proceed. The interlocal agreement process may
not proceed if any negative responses are received within the
forty-five day period.
(c) The interlocal agreement must describe the boundaries of the territory proposed for annexation and must be
consistent with the boundaries identified in an ordinance
describing the boundaries of the territory proposed for annexation and setting a date for a public hearing on the ordinance.
If the boundaries of the territory proposed for annexation are
agreed to by all parties, a notice of intention must be filed
with the boundary review board created under RCW
36.93.030. However, the jurisdiction of the board may not be
invoked as described in RCW 36.93.100 for annexations that
are the subject of such agreement.
(2) An interlocal annexation agreement under this section must include the following:
(a) A statement of the goals of the agreement. Goals
must include, but are not limited to:
(i) The transfer of revenues and assets between the fire
protection district and the code city;
(ii) A consideration and discussion of the impact to the
level of service of annexation on the unincorporated area, and
an agreement that the impact on the ability of fire protection
and emergency medical services within the incorporated area
must not be negatively impacted at least through the budget
cycle in which the annexation occurs;
(iii) A discussion with fire protection districts regarding
the division of assets and its impact to citizens inside and outside the newly annexed area;
(iv) Community involvement, including an agreed upon
schedule of public meetings in the area or areas proposed for
annexation;
(v) Revenue sharing, if any;
(vi) Debt distribution;
(vii) Capital facilities obligations of the code city,
county, and fire protection districts;
(viii) An overall schedule or plan on the timing of any
annexations covered under this agreement; and
(ix) A description of which of the annexing code cities’
development regulations will apply and be enforced in the
area.
(b) The subject areas and policies and procedures the
parties agree to undertake in annexations. Subject areas may
include, but are not limited to:
(i) Roads and traffic impact mitigation;
(ii) Surface and storm water management;
(iii) Coordination and timing of comprehensive plan and
development regulation updates;
(iv) Outstanding bonds and special or improvement district assessments;
(v) Annexation procedures;
(vi) Distribution of debt and revenue sharing for annexation proposals, code enforcement, and inspection services;
(vii) Financial and administrative services; and
(viii) Consultation with other service providers, including water-sewer districts, if applicable.
(2010 Ed.)
35A.14.485
(c) A term of at least five years, which may be extended
by mutual agreement of the code city, the county, and the fire
protection district.
(3) If the fire protection district, annexing code city, and
county reach an agreement on the enumerated goals, the
annexation ordinance may proceed and is not subject to referendum. If only the annexing code city and county reach an
agreement on the enumerated goals, the code city and county
may proceed with annexation under the interlocal agreement,
but the annexation ordinance provided for in this section is
subject to referendum for forty-five days after its passage.
Upon the filing of a timely and sufficient referendum petition
with the legislative body of the code city, signed by qualified
electors in a number not less than ten percent of the votes cast
in the last general state election in the area to be annexed, the
question of annexation must be submitted to the voters of the
area in a general election if one is to be held within ninety
days or at a special election called for that purpose according
to RCW 29A.04.330. Notice of the election must be given as
provided in RCW 35A.14.070, and the election must be conducted as provided in the general election laws under Title
29A RCW. The annexation must be deemed approved by the
voters unless a majority of the votes cast on the proposition
are in opposition to the annexation.
After the expiration of the forty-fifth day from, but
excluding, the date of passage of the annexation ordinance, if
a timely and sufficient referendum petition has not been filed,
the area annexed becomes a part of the code city upon the
date fixed in the ordinance of annexation. [2009 c 60 § 9.]
35A.14.485 Annexation of fire districts—Transfer of
employees. (1) If any portion of a fire protection district is
proposed for annexation to or incorporation into a code city,
both the fire protection district and the code city shall jointly
inform the employees of the fire protection district about
hires, separations, terminations, and any other changes in
employment that are a direct consequence of annexation or
incorporation at the earliest reasonable opportunity.
(2) An eligible employee may transfer into the civil service system of the code city fire department by filing a written request with the code city civil service commission and
by giving written notice of the request to the board of commissioners of the fire protection district. Upon receipt of the
request by the civil service commission, the transfer of
employment must be made. The needed employees shall be
taken in order of seniority and the remaining employees who
transfer as provided in this section and RCW 35.10.360 and
35.10.370 shall head the list for employment in the civil service system in order of their seniority, to the end that they
shall be the first to be reemployed in the code city fire department when appropriate positions become available. Employees who are not immediately hired by the code city shall be
placed on a reemployment list for a period not to exceed
thirty-six months unless a longer period is authorized by an
agreement reached between the collective bargaining representatives of the employees of the annexing and annexed fire
agencies and the annexing and annexed fire agencies.
(3)(a) Upon transfer, an employee is entitled to the
employee rights, benefits, and privileges to which he or she
would have been entitled as an employee of the fire protection district, including rights to:
35A.14.485
[Title 35A RCW—page 35]
35A.14.488
Title 35A RCW: Optional Municipal Code
(i) Compensation at least equal to the level of compensation at the time of transfer, unless the employee’s rank and
duties have been reduced as a result of the transfer. If the
transferring employee is placed in a position with reduced
rank and duties, the employee’s compensation may be
adjusted, but the adjustment may not result in a decrease of
greater than fifty percent of the difference between the
employee’s compensation before the transfer and the compensation level for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other
accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if
one had been completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer
an agreement for different terms of transfer is reached
between the collective bargaining representatives of the
transferring employees and the participating fire protection
jurisdictions.
(4) If upon transfer, the transferring employee receives
the rights, benefits, and privileges established under subsection (3)(a)(i) through (iv) of this section, those rights, benefits, and privileges are subject to collective bargaining at the
end of the current bargaining period for the jurisdiction to
which the employee has transferred.
(5) Such bargaining must take into account the years of
service the transferring employee accumulated before the
transfer and must be treated as if those years of service
occurred in the jurisdiction to which the employee has transferred. [2009 c 60 § 10.]
35A.14.488 Fire protection and safety in proposed
annexed territory—Report request. Upon the written
request of a fire protection district, code cities annexing territory under this chapter shall, prior to completing the annexation, issue a report regarding the likely effects that the
annexation and any associated asset transfers may have upon
the safety of residents within and outside the proposed annexation area. The report must address, but is not limited to, the
provisions of fire protection and emergency medical services
within and outside of the proposed annexation area. A fire
protection district may only request a report under this section when at least five percent of the assessed valuation of the
fire protection district will be annexed. [2009 c 60 § 11.]
35A.14.488
35A.14.490 Annexation of territory used for an agricultural fair. (1) Territory owned by a county and used for
an agricultural fair as provided in chapter 15.76 RCW or
chapter 36.37 RCW may only be annexed to a code city
through the method prescribed in this section.
(a) The legislative body of the city proposing the annexation must submit a request for annexation and a legal
description of the subject territory to the legislative authority
of the county within which the territory is located.
(b) Upon receipt of the request and description, the
county legislative authority has thirty days to review the proposal and determine if the annexation proceedings will continue. As a condition of approval, the county legislative
35A.14.490
[Title 35A RCW—page 36]
authority may modify the proposal, but it may not add territory that was not included in the request and description.
Approval of the county legislative authority is a condition
precedent to further proceedings upon the request and there is
no appeal of the county legislative authority’s decision.
(c) If the county legislative authority determines that the
proceedings may continue, it must, within thirty days of the
determination, fix a date for a public hearing on the proposal,
and cause notice of the hearing to be published at least once a
week for two weeks prior to the hearing in one or more newspapers of general circulation in the territory proposed for
annexation. The notice must also be posted in three public
places within the subject territory, specify the time and place
of the hearing, and invite interested persons to appear and
voice approval or disapproval of the annexation. If the
annexation proposal provides for assumption of indebtedness
or adoption of a proposed zoning regulation, the notice must
include a statement of these requirements.
(d) If, following the conclusion of the hearing, a majority
of the county legislative authority deems the annexation proposal to be in the best interest of the county, it may adopt a
resolution approving of the annexation.
(e) If, following the county legislative authority’s adoption of the annexation approval resolution, the legislative
body of the city proposing annexation determines to effect
the annexation, it must do so by ordinance. The ordinance:
(i) May only include territory approved for annexation in the
resolution adopted under (d) of this subsection; and (ii) must
not exclude territory approved for annexation in the resolution adopted under (d) of this subsection. Upon passage of
the annexation ordinance, a certified copy must be filed with
the applicable county legislative authority.
(2) Any territory annexed through an ordinance adopted
under this section is annexed and becomes a part of the code
city upon the date fixed in the ordinance. [2009 c 402 § 5.]
Intent—2009 c 402: See note following RCW 35.13.490.
35A.14.500 Outstanding indebtedness not affected.
When any portion of a fire protection district is annexed by or
incorporated into a code city, any outstanding indebtedness,
bonded or otherwise, shall remain an obligation of the taxable
property annexed or incorporated as if the annexation or
incorporation had not occurred. [1967 ex.s. c 119 §
35A.14.500.]
35A.14.500
35A.14.550 Providing annexation information to
public. A code city can provide factual public information
on the effects of pending annexation proposed for the code
city. [1989 c 351 § 9.]
35A.14.550
35A.14.700 Determining population of annexed territory—Certificate—As basis for allocation of state
funds—Revised certificate. Whenever any territory is
annexed to a code city, a certificate as hereinafter provided
shall be submitted in triplicate to the office of financial management within thirty days of the effective date of annexation
specified in the relevant ordinance. After approval of the certificate, the office of financial management shall retain the
original copy in its files, and transmit the second copy to the
department of transportation and return the third copy to the
35A.14.700
(2010 Ed.)
Annexation by Code Cities
code city. Such certificates shall be in such form and contain
such information as shall be prescribed by the office of financial management. A copy of the complete ordinance containing a legal description and a map showing specifically the
boundaries of the annexed territory shall be attached to each
of the three copies of the certificate. The certificate shall be
signed by the mayor and attested by the city clerk. Upon
request, the office of financial management shall furnish certification forms to any code city.
Upon approval of the annexation certificate, the office of
financial management shall forward to each state official or
department responsible for making allocations or payments
to cities or towns, a revised certificate reflecting the increase
in population due to such annexation. Upon and after the date
of the commencement of the next quarterly period, the population determination indicated in such revised certificate shall
be used as the basis for the allocation and payment of state
funds to such city or town.
For the purposes of this section, each quarterly period
shall commence on the first day of the months of January,
April, July, and October. Whenever a revised certificate is
forwarded by the office of financial management thirty days
or less prior to the commencement of the next quarterly
period, the population of the annexed territory shall not be
considered until the commencement of the following quarterly period.
The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the
code city. Such population determination shall consist of an
actual enumeration of the population which shall be made in
accordance with practices and policies, and subject to the
approval of the office of financial management. The population shall be determined as of the effective date of annexation
as specified in the relevant ordinance.
Until an annexation certificate is filed and approved as
provided herein, such annexed territory shall not be considered by the office of financial management in determining
the population of such code city. [1979 ex.s. c 18 § 28; 1979
c 151 § 35; 1975 1st ex.s. c 31 § 2; 1967 ex.s. c 119 §
35A.14.700.]
Population determinations, office of financial management: Chapter 43.62
RCW.
Additional notes found at www.leg.wa.gov
35A.14.801 Taxes collected in annexed territory—
Notification of annexation. (1) Whenever any territory is
annexed to a code city which is part of a road district of the
county and road district taxes have been levied but not collected on any property within the annexed territory, the same
shall when collected by the county treasurer be paid to the
code city and by the city placed in the city street fund; except
that road district taxes that are delinquent before the date of
annexation shall be paid to the county and placed in the
county road fund.
(2) When territory that is part of a fire district is annexed
to a code city, the following apply:
(a) Fire district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of
the annexation shall, when collected, be paid to the annexing
code city at times required by the county, but no less frequently than by July 10th for collections through June 30th
35A.14.801
(2010 Ed.)
35A.14.801
and January 10th for collections through December 31st following the annexation; and
(b) Fire district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the
annexation and the pro rata share of the current year levy
budgeted for general obligation debt, when collected, shall be
paid to the fire district.
(3) When territory that is part of a library district is
annexed to a code city, the following apply:
(a) Library district taxes on annexed property that were
levied, but not collected, and were not delinquent at the time
of the annexation shall, when collected, be paid to the annexing code city at times required by the county, but no less frequently than by July 10th for collections through June 30th
and January 10th for collections through December 31st following the annexation; and
(b) Library district taxes on annexed property that were
levied, but not collected, and were delinquent at the time of
the annexation and the pro rata share of the current year levy
budgeted for general obligation debt, when collected, shall be
paid to the library district.
(4) Subsections (1) through (3) of this section do not
apply to any special assessments due in behalf of such property.
(5) If a code city annexes property within a fire district or
library district while any general obligation bond secured by
the taxing authority of the district is outstanding, the bonded
indebtedness of the fire district or library district remains an
obligation of the taxable property annexed as if the annexation had not occurred.
(6) The code city is required to provide notification, by
certified mail, that includes a list of annexed parcel numbers,
to the county treasurer and assessor, and to the fire district
and library district, as appropriate, at least thirty days before
the effective date of the annexation. The county treasurer is
only required to remit to the code city those road taxes, fire
district taxes, and library district taxes collected thirty or
more days after receipt of the notification.
(7)(a) In counties that do not have a boundary review
board, the code city shall provide notification to the fire district or library district of the jurisdiction’s resolution approving the annexation. The notification required under this subsection must:
(i) Be made by certified mail within seven days of the
resolution approving the annexation; and
(ii) Include a description of the annexed area.
(b) In counties that have a boundary review board, the
code city shall provide notification of the proposed annexation to the fire district or library district simultaneously
when notice of the proposed annexation is provided by the
jurisdiction to the boundary review board under RCW
36.93.090.
(8) The provisions of this section regarding (a) the transfer of fire and library district property taxes and (b) code city
notifications to fire and library districts do not apply if the
code city has been annexed to and is within the fire or library
district when the code city approves a resolution to annex
unincorporated county territory. [2007 c 285 § 2; 2001 c 299
§ 3; 1998 c 106 § 2; 1971 ex.s. c 251 § 14.]
Additional notes found at www.leg.wa.gov
[Title 35A RCW—page 37]
35A.14.900
Title 35A RCW: Optional Municipal Code
35A.14.900 Cancellation, acquisition of franchise or
permit for operation of public service business in territory annexed—Regulation of solid waste collection. The
annexation by any code city of any territory pursuant to this
chapter shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the
governing body of such annexed territory, authorizing or otherwise permitting the operation of any public utility, including but not limited to, public electric, water, transportation,
garbage disposal or other similar public service business or
facility within the limits of the annexed territory, but the
holder of any such franchise or permit canceled pursuant to
this section shall be forthwith granted by the annexing code
city a franchise to continue such business within the annexed
territory for a term of not less than seven years from the date
of issuance thereof, and the annexing code city, by franchise,
permit or public operation, shall not extend similar or competing services to the annexed territory except upon a proper
showing of the inability or refusal of such person, firm or corporation to adequately service said annexed territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude the purchase by the annexing code city
of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation
upon payment of damages, including a reasonable amount for
the loss of the franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been
canceled by the terms of this section shall suffer any measurable damages as a result of any annexation pursuant to the
provisions of the laws above-mentioned, such person, firm or
corporation shall have a right of action against any code city
causing such damages.
After an annexation by a code city, the utilities and transportation commission shall continue to regulate solid waste
collection within the limits of the annexed territory until such
time as the city notifies the commission, in writing, of its
decision to contract for solid waste collection or provide solid
waste collection itself pursuant to RCW 81.77.020. In the
event the annexing city at any time decides to contract for
solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that
is so canceled in whole or in part shall be forthwith granted
by the annexing city a franchise to continue such business
within the annexed territory for a term of not less than the
remaining term of the original franchise or permit, or not less
than seven years, whichever is the shorter period, and the
city, by franchise, permit, or public operation, shall not
extend similar or competing services to the annexed territory
except upon a proper showing of the inability or refusal of
such person, firm, or corporation to adequately service the
annexed territory at a reasonable price. Upon the effective
date specified by the code city council’s ordinance or resolution to have the code city contract for solid waste collection
or undertake solid waste collection itself, the transition period
specified in this section begins to run. This section does not
preclude the purchase by the annexing city of the franchise,
business, or facilities at an agreed or negotiated price, or from
acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corpo35A.14.900
[Title 35A RCW—page 38]
ration whose franchise or permit has been canceled by the
terms of this section suffers any measurable damages as a
result of any annexation pursuant to this chapter, such person,
firm, or corporation has a right of action against any city
causing such damages. [1997 c 171 § 3; 1967 ex.s. c 119 §
35A.14.900.]
Additional notes found at www.leg.wa.gov
35A.14.901 Application of chapter to annexations
involving water or sewer service. Nothing in this chapter
precludes or otherwise applies to an annexation by a code city
of unincorporated territory as authorized by RCW 57.24.170,
57.24.190, and 57.24.210. [1996 c 230 § 1604; 1995 c 279 §
4.]
35A.14.901
Additional notes found at www.leg.wa.gov
Chapter 35A.15
Chapter 35A.15 RCW
DISINCORPORATION
Sections
35A.15.001
35A.15.010
35A.15.020
35A.15.040
35A.15.050
35A.15.060
35A.15.070
35A.15.080
35A.15.090
35A.15.100
35A.15.105
35A.15.110
Actions subject to review by boundary review board.
Authority for disincorporation—Petition—Resolution.
Election on disincorporation—Receiver.
Ballots—Election results.
Effect of disincorporation—Powers—Offices.
Receiver—Qualification—Bond—When receiver may be
appointed.
Duties and authority of receiver—Claims—Priority.
Compensation of receiver.
Receiver—Removal for cause—Successive appointments.
Receiver—Final account and discharge.
Applicability of general receivership law.
Involuntary dissolution.
35A.15.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.15 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 39.]
35A.15.001
35A.15.010 Authority for disincorporation—Petition—Resolution. Any noncharter code city may be disincorporated. Proceedings may be initiated by the filing with
the county auditor of a petition for disincorporation signed by
a majority of the registered voters resident in such city, or the
legislative body of the city may provide by resolution for an
election on the proposition of disincorporation. [1990 c 259
§ 11; 1967 ex.s. c 119 § 35A.15.010.]
35A.15.010
Sufficiency of petition in code city: RCW 35A.01.040.
35A.15.020 Election on disincorporation—Receiver.
The legislative body shall cause the proposition of disincorporation to be submitted to the voters at the next general
municipal election if one is to be held within one hundred and
eighty days, or at a special election called for that purpose not
less than ninety days, nor more than one hundred and eighty
days, after the certification of sufficiency of the petition, or
the passage of the resolution, as the case may be. If the code
city has any indebtedness or outstanding liabilities, the legislative body shall provide for election of a receiver at the same
election. [1967 ex.s. c 119 § 35A.15.020.]
35A.15.020
35A.15.040 Ballots—Election results. Ballot titles
shall be prepared by the city as provided in RCW 35A.29.120
35A.15.040
(2010 Ed.)
Reduction of City Limits
and shall contain the words "For Dissolution" and "Against
Dissolution", and shall contain on separate lines, alphabetically, the names of candidates for receiver. If a majority of
the votes cast on the proposition are for dissolution, the
municipal corporation shall be dissolved upon certification of
the election results to the office of the secretary of state.
[1994 c 223 § 39; 1967 ex.s. c 119 § 35A.15.040.]
35A.15.050 Effect of disincorporation—Powers—
Offices. The effect of disincorporation of a noncharter code
city shall be as provided in RCW 35.07.090, 35.07.100, and
35.07.110. [1967 ex.s. c 119 § 35A.15.050.]
35A.15.050
35A.15.060 Receiver—Qualification—Bond—When
receiver may be appointed. The receiver shall qualify and
post a bond as provided in RCW 35.07.120. If an elected
receiver fails to qualify within the time prescribed, or if no
receiver has been elected and the code city does have indebtedness or an outstanding liability, a receiver shall be
appointed in the manner provided in RCW 35.07.130 or as
prov id ed in R CW 3 5.07 .140 . [1 967 ex .s. c 119 §
35A.15.060.]
35A.15.060
35A.15.070 Duties and authority of receiver—
Claims—Priority. The duties and authority of the receiver
and the disposition and priority of claims against the former
municipality shall be as provided in RCW 35.07.150, and the
receiver shall have the rights, powers, and limitations provided for such a receiver in RCW 35.07.160, 35.07.170, and
35.07.180. [1967 ex.s. c 119 § 35A.15.070.]
35A.15.070
35A.15.080 Compensation of receiver. The compensation of the receiver shall be as provided in RCW 35.07.190.
[1967 ex.s. c 119 § 35A.15.080.]
35A.15.080
35A.15.090 Receiver—Removal for cause—Successive appointments. The receiver may be removed for cause
as provided in RCW 35.07.200 and a successor to the
receiver may be appointed as provided in RCW 35.07.210.
[1967 ex.s. c 119 § 35A.15.090.]
35A.15.090
35A.15.100 Receiver—Final account and discharge.
The receiver shall file a final account, pay remaining funds to
the county treasurer, and be discharged, all as provided in
RCW 35.07.220. [1967 ex.s. c 119 § 35A.15.100.]
35A.15.100
35A.15.105 Applicability of general receivership law.
The provisions of Title 7 RCW generally applicable to
receivers and receiverships do not apply to receivers elected
or appointed under this chapter. [2004 c 165 § 44.]
35A.15.105
Purpose—Captions not law—2004 c 165: See notes following RCW
7.60.005.
35A.15.110 Involuntary dissolution. A noncharter
code city may be involuntarily dissolved in the manner provided in RCW 35.07.230, 35.07.240, 35.07.250, and
35.07.260 upon the existence of the conditions stated in
RCW 35.07.230. [1967 ex.s. c 119 § 35A.15.110.]
35A.15.110
(2010 Ed.)
Chapter 35A.16
35A.16.050
Chapter 35A.16 RCW
REDUCTION OF CITY LIMITS
Sections
35A.16.001
35A.16.010
35A.16.030
35A.16.040
35A.16.050
35A.16.060
35A.16.070
35A.16.080
Actions subject to review by boundary review board.
Petition or resolution for election.
Abstract of vote.
Effective date of reduction.
Recording of ordinance and plat on effective date of reduction.
Effect of exclusion as to liability for indebtedness.
Franchises within territory excluded.
Exclusion of agricultural land from the incorporated area of a
code city.
35A.16.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.16 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 40.]
35A.16.001
35A.16.010 Petition or resolution for election. Upon
the filing of a petition which is sufficient as determined by
RCW 35A.01.040 praying for the exclusion from the boundaries of a code city of an area described by metes and bounds
or by reference to a recorded plat or government survey,
signed by qualified voters of the city in number equal to not
less than ten percent of the number of votes cast at the last
general municipal election, the legislative body of the code
city shall cause the question to be submitted to the voters. As
an alternate method, such a proposal for exclusion from the
code city of a described area may be submitted to the voters
by resolution of the legislative body. The question shall be
submitted at the next general municipal election if one is to
be held within one hundred and eighty days or at a special
election called for that purpose not less than ninety days nor
more than one hundred and eighty days after the certification
of sufficiency of the petition or the passage of the resolution.
The petition or resolution shall set out and describe the territory to be excluded from the code city, together with the
boundaries of the code city as it will exist after such change
is made. [1967 ex.s. c 119 § 35A.16.010.]
35A.16.010
35A.16.030 Abstract of vote. If three-fifths of the
votes cast on the proposition favor the reduction of the corporate limits, the county auditor shall make and transmit to the
office of the secretary of state a certified abstract of the vote.
[1994 c 223 § 40; 1967 ex.s. c 119 § 35A.16.030.]
35A.16.030
35A.16.040 Effective date of reduction. Promptly
after the filing of the abstract of votes with the secretary of
state the legislative body shall adopt an ordinance defining
and fixing the corporate limits after excluding the area as
determined by the election. The ordinance shall also describe
the excluded territory by metes and bounds or by reference to
a recorded plat or government survey and declare it no longer
a part of the code city. [1967 ex.s. c 119 § 35A.16.040.]
35A.16.040
35A.16.050 Recording of ordinance and plat on effective date of reduction. Upon the effective date of the ordinance a certified copy thereof together with a map showing
the corporate limits as altered shall be filed and recorded in
the office of the county auditor of the county in which the
code city is situated, and thereupon the boundaries shall be as
set forth therein. [1967 ex.s. c 119 § 35A.16.050.]
35A.16.050
[Title 35A RCW—page 39]
35A.16.060
Title 35A RCW: Optional Municipal Code
35A.16.060
35A.16.060 Effect of exclusion as to liability for
indebtedness. The exclusion of an area from the boundaries
of the code city shall not exempt any real property therein
from taxation for the purpose of paying any indebtedness of
the code city existing at the time of its exclusion and the interest thereon. [1967 ex.s. c 119 § 35A.16.060.]
35A.16.070
35A.16.070 Franchises within territory excluded. In
regard to franchises previously granted for operation of any
public service business or facility within the territory
excluded from a code city by proceedings under this chapter,
the rights, obligations, and duties of the legislative body of
the county or other political subdivision having jurisdiction
over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by
an incorporation, and such a franchise shall be canceled and a
new franchise issued by the legislative body having jurisdiction, as therein provided. [1967 ex.s. c 119 § 35A.16.070.]
35A.16.080
35A.16.080 Exclusion of agricultural land from the
incorporated area of a code city. Proceedings for excluding
agricultural land from the boundaries of a charter code city or
noncharter code city may be commenced by the filing of a
petition which is sufficient as determined by RCW
35A.01.040 by property owners of the agricultural land proposed to be excluded, in the following manner which is alternative to other methods provided in this chapter:
(1) A petition for exclusion of agricultural land from the
incorporated area of a code city shall be filed with the legislative body of the municipality. The petition for exclusion
must be signed by the owners of not less than one hundred
percent of the agricultural land for which exclusion is sought
and, if residents exist within the area proposed for exclusion,
a majority of the registered voters residing in the area for
which exclusion is petitioned.
(2) The petition shall set forth a legal description of the
territory proposed to be excluded and shall be accompanied
by a drawing that outlines the boundaries of the territory
sought to be excluded.
(3) When a petition for exclusion that meets the requirements of this section and RCW 35A.01.040 is filed with the
legislative body of the code city, the legislative body shall set
a date, not later than sixty days after the filing of the request,
for a public hearing thereon and cause notice of the hearing to
be published in one or more issues of a newspaper of general
circulation in the city. The notice shall also be posted in three
public places within the territory proposed for exclusion, and
shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of
the exclusion.
(4) Following the hearing, if the legislative body determines to effect the exclusion from city boundaries, they shall
do so by ordinance. The ordinance may exclude all or any
portion of the proposed territory but may not include in the
exclusion any territory not described in the petition. The
ordinance shall contain a legal description of the territory and
declare it no longer a part of the code city. [2005 c 77 § 1.]
[Title 35A RCW—page 40]
Chapter 35A.21 RCW
PROVISIONS AFFECTING ALL CODE CITIES
Chapter 35A.21
Sections
35A.21.010
35A.21.020
35A.21.030
35A.21.040
35A.21.050
35A.21.060
35A.21.070
35A.21.080
35A.21.090
35A.21.100
35A.21.110
35A.21.120
35A.21.125
35A.21.130
35A.21.140
35A.21.150
35A.21.152
35A.21.153
35A.21.155
35A.21.160
35A.21.161
35A.21.162
35A.21.164
35A.21.170
35A.21.180
35A.21.190
35A.21.195
35A.21.200
35A.21.210
35A.21.220
35A.21.230
35A.21.240
35A.21.245
35A.21.250
35A.21.260
35A.21.270
35A.21.275
35A.21.280
35A.21.290
35A.21.300
35A.21.310
35A.21.312
35A.21.320
35A.21.330
35A.21.335
35A.21.340
35A.21.350
35A.21.360
35A.21.370
Validity of ordinances and resolutions—Deficiencies of form.
Conflict between charter and optional code.
Mandatory duties of code city officers.
Merit systems.
Pension and retirement systems.
Garbage ordinance—Lien—Foreclosure.
Office hours prescribed by ordinance.
Computation of time.
Jurisdiction over adjacent waters—Control of street over tidelands.
Lien for utility services.
Warrants—Interest rate—Payment.
Utilities—Facilities for generation of electricity.
Locally regulated utilities—Attachments to poles.
Codification of ordinances.
Change of name.
Sewerage and refuse collection and disposal systems.
Solid waste collection—Rate increase notice.
Solid waste collection curbside recycling—Reduced rate.
Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
General application of laws to code cities.
Regulation of activities and enforcement of penal laws.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Fiscal year.
Flags to be displayed.
Daylight saving time.
Actions by and against code cities.
Limitation of actions.
Revision of corporate boundary within street, road, or highway
right-of-way by substituting right-of-way line—Not subject
to review.
Insurance and workers’ compensation for offenders performing community restitution.
Designation of official newspaper.
Right-of-way donations—Credit against required improvements.
Facilities and rights-of-way—Requirements and restrictions—
Application to code cities.
Building construction projects—Code city prohibited from
requiring state agencies or local governments to provide
bond or other security as a condition for issuance of permit.
Amateur radio antennas—Local regulation to conform with
federal law.
Assumption of substandard water system—Limited immunity
from liability.
Regulation of automatic number or location identification—
Prohibited.
Statement of restrictions applicable to real property.
Fish enhancement project—Code city’s liability.
Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
Mobile home, manufactured home, or park model moving or
installing—Copies of permits—Definitions.
Authority to regulate placement or use of homes—Regulation
of manufactured homes—Issuance of permits—Restrictions
on location of manufactured/mobile homes and entry or
removal of recreational vehicles used as primary residences.
Abandoned or derelict vessels.
Regulation of financial transactions—Limitations.
Registration under or compliance with streamlined sales and
use tax agreement—Prohibited requirement for businesses.
Contractors—Authority of city to verify registration and report
violations.
Community athletics programs—Sex discrimination prohibited.
Temporary encampments for the homeless—Hosting by religious organizations authorized—Prohibitions on local
actions.
State and federal background checks of license applicants and
licensees of occupations under local licensing authority.
Demonstration Cities and Metropolitan Development Act—Authority of cities to contract with federal government: RCW 35.21.660.
(2010 Ed.)
Provisions Affecting All Code Cities
Disturbances at state penal facilities—Local participation and reimbursement: Chapter 72.02 RCW.
Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial and other assistance by
county authorized: RCW 36.32.470.
Limitation on penalty for act constituting a crime under state law: RCW
35.21.163.
Local adopt-a-highway programs: RCW 47.40.105.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
35A.21.010 Validity of ordinances and resolutions—
Deficiencies of form. Deficiencies in the form of an ordinance or resolution shall not affect the validity thereof if the
following requirements are met:
(1) The purpose and intent of the ordinance or resolution
are clear.
(2) Any regulatory or procedural provisions thereof are
expressed in clear and unambiguous terms, or the legislative
intent can be determined by usual methods of judicial construction.
(3) The legislative action was taken at an authorized public meeting held within the code city limits at a time and place
made known to residents of the city, as provided by law.
(4) The legislative body of the code city followed the
prescribed procedures, if any, for passage of such an ordinance or resolution, as provided in the law or charter provision delegating to the legislative body the authority to so legislate; or, if prescribed procedures were not strictly complied
with, no substantial detriment was incurred by any affected
person, by reason of such irregularity.
If the foregoing requirements have been met, brevity or
awkwardness of language, or defects of form not going to the
substance, or inadvertent use of an incorrect or inaccurate
proper name or term shall not render an ordinance or resolution invalid, if otherwise in compliance with law. [1967 ex.s.
c 119 § 35A.21.010.]
35A.21.110
form like functions. [2009 c 549 § 3031; 1967 ex.s. c 119 §
35A.21.030.]
35A.21.040 Merit systems. Provisions for a merit system, made by charter or ordinance of a code city, shall be in
compliance with any applicable statutes relating to civil service for employees of such city: PROVIDED, That nothing
herein shall impair the validity of charter provisions adopted
prior to the effective date of this title and relating to a merit
system. [1967 ex.s. c 119 § 35A.21.040.]
35A.21.040
35A.21.010
35A.21.020 Conflict between charter and optional
code. This optional municipal code is intended to be a general law, available to all cities and towns within the state, and
to all legal intents and purposes a "general law" within the
meaning of Article 11, section 10 of the state Constitution, as
amended.
If any provision of this title is in conflict with any provision of the charter or amendments thereto of any charter code
city, the provisions of this title shall govern and control,
except where the legislative body of such charter code city,
by ordinance, elects to retain such charter provision or
amendment, in which event such charter provision shall prevail notwithstanding a conflict with provisions of this
optional code: PROVIDED, That such ordinance shall be
subject to referendum as provided in RCW 35A.29.170.
[1967 ex.s. c 119 § 35A.21.020.]
35A.21.020
35A.21.030 Mandatory duties of code city officers.
Except as otherwise provided in this title, every officer of a
code city shall perform, in the manner provided, all duties of
his or her office which are imposed by state law on officers of
every other class of city who occupy a like position and per-
35A.21.050 Pension and retirement systems. Nothing
in this title shall be construed to alter or affect vested rights of
city employees under pension and retirement systems in
effect at the time this title becomes effective. [1967 ex.s. c
119 § 35A.21.050.]
35A.21.050
35A.21.060 Garbage ordinance—Lien—Foreclosure. A garbage ordinance of a code city may contain the
provisions authorized by RCW 35.21.130. Notice shall be
given of a lien for garbage collection and disposal service, the
lien shall have priority and be foreclosed all as provided in
RCW 35.21.140 and 35.21.150. [1967 ex.s. c 119 §
35A.21.060.]
35A.21.060
35A.21.070 Office hours prescribed by ordinance.
All code city offices shall be kept open for the transaction of
business during such days and hours as the legislative body of
such city shall by ordinance prescribe. [1967 ex.s. c 119 §
35A.21.070.]
35A.21.070
35A.21.080 Computation of time. When, under the
provisions of this title, an act is to be done within a certain
time period, the time shall be computed by excluding the first
day and including the last, except that when the last day is a
Saturday, Sunday, or a day designated by RCW 1.16.050 or
by the city’s ordinances as a holiday, then it also is excluded
and the act must be completed on the next business day.
[1967 ex.s. c 119 § 35A.21.080.]
35A.21.080
35A.21.090 Jurisdiction over adjacent waters—Control of street over tidelands. The legislative body of a code
city shall have supervision and control within its corporate
limits of streets over tidelands or upon or across tide and
shore lands of the first class as provided in RCW 35.21.230,
35.21.240 and 35.21.250; and shall have jurisdiction over
adjacent waters as provided in RCW 35.21.160. [1967 ex.s.
c 119 § 35A.21.090.]
35A.21.090
35A.21.100 Lien for utility services. Code cities owning or operating waterworks or electric light distribution or
power plants shall have a lien for such utility services as provided by RCW 35.21.290 for cities owning such plants and as
limited therein, which lien may be enforced only as provided
in RCW 35.21.300. [1967 ex.s. c 119 § 35A.21.100.]
35A.21.100
35A.21.030
(2010 Ed.)
35A.21.110 Warrants—Interest rate—Payment.
Code city warrants shall draw interest, be paid, and called for
all as provided in RCW 35.21.320 and the duty and liability
of the treasurer of a code city in calling and paying warrants
35A.21.110
[Title 35A RCW—page 41]
35A.21.120
Title 35A RCW: Optional Municipal Code
of the city shall be as provided in RCW 35.21.320. [1967
ex.s. c 119 § 35A.21.110.]
35A.21.120 Utilities—Facilities for generation of
electricity. Any code city owning and operating a public
utility and having facilities and/or land for the generation of
electricity shall be governed by the provisions of RCW
35.21.420 through 35.21.450. [1967 ex.s. c 119 §
35A.21.120.]
35A.21.120
35A.21.125 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of carrying
electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but
not limited to cable, and any related device, apparatus, or
auxiliary equipment upon any pole owned or controlled in
whole or in part by one or more locally regulated utilities
where the installation has been made with the necessary consent.
(b) "Locally regulated utility" means a code city owning
and operating an electric utility not subject to rate or service
regulation by the utilities and transportation commission.
(c) "Nondiscriminatory" means that pole owners may not
arbitrarily differentiate among or between similar classes of
persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space
rental rates that are uniform for the same class of service
within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally
regulated utilities. [1996 c 32 § 4.]
35A.21.125
35A.21.130 Codification of ordinances. Compilation,
codification, and revision of code city ordinances shall be as
provided by and be governed by the provisions of RCW
35.21.500 through 35.21.570. [1967 ex.s. c 119 §
35A.21.130.]
35A.21.130
35A.21.140 Change of name. Any code city may
change its name in accordance with the procedure provided in
chapter 35.62 RCW. [1967 ex.s. c 119 § 35A.21.140.]
35A.21.140
35A.21.150 Sewerage and refuse collection and disposal systems. The general law as contained in, but not limited to, chapter 35.67 RCW, relating to sewerage systems and
the collection and disposal of refuse, the manner of providing
therefor, and the issuance of general obligation or revenue
bonds therefor, the establishment of a revenue bond fund in
connection therewith, compulsory connection with a city
sewer system, setting and collection of rates, fees, and
charges therefor, and the existence, enforcement, and foreclosure of a lien for sewer services is hereby recognized as
applicable to code cities operating systems of sewerage and
systems and plants for refuse collection and disposal. A code
35A.21.150
[Title 35A RCW—page 42]
city may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations provided in chapter 35.67 RCW, subject to the conditions and
lim itatio ns th er ein pro vided. [ 196 7 ex.s. c 119 §
35A.21.150.]
35A.21.152 Solid waste collection—Rate increase
notice. (1) A city that contracts for the collection of solid
waste, or provides for the collection of solid waste directly,
shall notify the public of each proposed rate increase for a
solid waste handling service. The notice may be mailed to
each affected ratepayer or published once a week for two
consecutive weeks in a newspaper of general circulation in
the collection area. The notice shall be available to affected
ratepayers at least forty-five days prior to the proposed effective date of the rate increase.
(2) For purposes of this section, "solid waste handling"
has the same meaning as provided in RCW 70.95.030. [1994
c 161 § 3.]
35A.21.152
Findings—Declaration—1994 c 161: See note following RCW
35.21.157.
35A.21.153 Solid waste collection curbside recycling—Reduced rate. (1) Each city or town providing by
ordinance or resolution a reduced solid waste collection rate
to residents participating in a residential curbside recycling
program implemented under RCW 70.95.090, may provide a
similar reduced rate to residents participating in any other
recycling program, if such program is approved by the jurisdiction. Nothing in this section shall be interpreted to reduce
the authority of a city to adopt ordinances under RCW
35.21.130(1).
(2) For the purposes of this section, "reduced rate" means
a residential solid waste collection rate incorporating a
rebate, refund, or discount. Reduced rate shall not include
residential solid waste collection rate based on the volume or
weight of solid waste set out for collection. [1991 c 319 §
405.]
35A.21.153
Additional notes found at www.leg.wa.gov
35A.21.155 Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
Nothing in this chapter shall prevent a recycling company or
nonprofit entity from collecting and transporting recyclable
materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or
upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. [1989 c 431 § 35.]
35A.21.155
Additional notes found at www.leg.wa.gov
35A.21.160 General application of laws to code cities.
A code city organized or reorganized under this title shall
have all of the powers which any city of any class may have
and shall be governed in matters of state concern by statutes
applicable to such cities in connection with such powers to
35A.21.160
(2010 Ed.)
Provisions Affecting All Code Cities
35A.21.245
35A.21.161 Regulation of activities and enforcement
of penal laws. All code cities shall observe and enforce, in
addition to its local regulations, the provisions of state laws
relating to the conduct, location and limitation on activities as
regulated by state law and shall supply police information to
the *section on identification of the state patrol as required by
chapter 43.43 RCW. [1983 c 3 § 59; 1967 ex.s. c 119 §
35A.21.161.]
city which coincides with the centerline, edge, or any portion
of a public street, road or highway right-of-way by substituting therefor a right-of-way line of the same public street, road
or highway so as fully to include or fully to exclude that segment of the public street, road or highway from the corporate
limits of the city.
(2) The revision of a corporate boundary as authorized
by this section shall become effective when approved by
ordinance of the city council and by ordinance or resolution
of the county legislative authority. Such a boundary revision
is not subject to potential review by a boundary review board.
[1989 c 84 § 11; 1975 1st ex.s. c 220 § 18.]
*Reviser’s note: The "section on identification" was renamed the
"identification and criminal history section" by 2006 c 294 § 1.
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
the extent to which such laws are appropriate and are not in
conflict with the provisions specifically applicable to code
cities. [1967 ex.s. c 119 § 35A.21.160.]
35A.21.161
Boundary line adjustment: RCW 35.13.300 through 35.13.330.
35A.21.162 Nonpolluting power generation by individual—Exemption from regulation—Authorization to
contract with utility. See chapter 80.58 RCW.
35A.21.162
35A.21.164 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35A.21.164
35A.21.170 Fiscal year. The fiscal year of a code city
shall commence on the first day of January and end on the
thirty-first day of December of each calendar year unless a
different fiscal period is authorized by RCW 1.16.030, as
amended. [1967 ex.s. c 119 § 35A.21.170.]
35A.21.170
35A.21.180 Flags to be displayed. The flag of the
United States and the flag of the state shall be prominently
installed and displayed and maintained in code city buildings
and shall be as provided in RCW 1.20.010. [1967 ex.s. c 119
§ 35A.21.180.]
35A.21.180
35A.21.190 Daylight saving time. No code city shall
adopt any provision for the observance of daylight saving
time other than as authorized by RCW 1.20.050 and
1.20.051. [1967 ex.s. c 119 § 35A.21.190.]
35A.21.190
Use of right-of-way line as corporate boundary in incorporation proceeding—When right-of-way may be included in territory to be incorporated: RCW 35.02.170.
When right-of-way may be included in territory to be annexed—Use of rightof-way line as corporate boundary in annexation: RCW 35A.14.410.
35A.21.220 Insurance and workers’ compensation
for offenders performing community restitution. The legislative authority of a code city may purchase liability insurance in an amount it deems reasonable to protect the code
city, its officers, and employees against liability for the
wrongful acts of offenders or injury or damage incurred by
offenders in the course of court-ordered community restitution, and may elect to treat offenders as employees and/or
workers under Title 51 RCW. [2002 c 175 § 31; 1984 c 24 §
2.]
35A.21.220
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers’ compensation coverage of offenders performing community restitution: RCW 51.12.045.
35A.21.230 Designation of official newspaper. Each
code city shall designate an official newspaper by resolution.
The newspaper shall be of general circulation in the city and
have the qualifications prescribed by chapter 65.16 RCW.
[1985 c 469 § 102.]
35A.21.230
35A.21.195 Actions by and against code cities. A
code city may exercise the power to bring an action or special
proceeding at law as authorized by Title 4 RCW, chapters
7.24, 7.25, and 6.27 RCW, and shall be subject to actions and
process of law in accordance with procedures prescribed by
law and rules of court. [1987 c 442 § 1117; 1983 c 3 § 58;
1967 ex.s. c 119 § 35A.20.150. Formerly RCW 35A.20.150.]
35A.21.240 Right-of-way donations—Credit against
required improvements. Where the zoning and planning
provisions of a city or town require landscaping, parking, or
other improvements as a condition to granting permits for
commercial or industrial developments, the city or town may
credit donations of right-of-way in excess of that required for
traffic improvement against such landscaping, parking, or
other requirements. [1987 c 267 § 8.]
35A.21.200 Limitation of actions. The limitations prescribed in chapter 4.16 RCW shall apply to actions brought in
the name or for the benefit of, or against, a code city, except
as otherwise provided by general law or by this title. [1967
ex.s. c 119 § 35A.21.200.]
Right-of-way donations: Chapter 47.14 RCW.
35A.21.240
35A.21.195
35A.21.200
35A.21.210 Revision of corporate boundary within
street, road, or highway right-of-way by substituting
right-of-way line—Not subject to review. (1) The governing bodies of a county and any code city located therein may
by agreement revise any part of the corporate boundary of the
35A.21.210
(2010 Ed.)
Additional notes found at www.leg.wa.gov
35A.21.245 Facilities and rights-of-way—Requirements and restrictions—Application to code cities. Each
code city is subject to the requirements and restrictions
regarding facilities and rights-of-way under *this chapter.
[2000 c 83 § 10.]
35A.21.245
*Reviser’s note: A reference to chapter 35.99 RCW was apparently
intended.
"Facilities," "right-of-way" defined: RCW 35.99.010.
[Title 35A RCW—page 43]
35A.21.250
Title 35A RCW: Optional Municipal Code
35A.21.250 Building construction projects—Code
city prohibited from requiring state agencies or local governments to provide bond or other security as a condition
for issuance of permit. A code city may not require any
state agency or unit of local government to secure the performance of a permit requirement with a surety bond or other
financial security device, including cash or assigned account,
as a condition of issuing a permit to that unit of local government for a building construction project.
As used in this section, "building construction project"
includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access alteration, or other amenities or alterations necessarily associated
with the project. [1993 c 439 § 2.]
35A.21.250
35A.21.260 Amateur radio antennas—Local regulation to conform with federal law. No code city shall enact
or enforce an ordinance or regulation that fails to conform to
the limited preemption entitled "Amateur Radio Preemption,
101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a
code city with respect to amateur radio antennas shall conform to the limited federal preemption, that states local regulations that involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must
be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation to
accomplish the local authority’s legitimate purpose. [1994 c
50 § 2.]
35A.21.260
Additional notes found at www.leg.wa.gov
35A.21.270 Assumption of substandard water system—Limited immunity from liability. A code city assuming responsibility for a water system that is not in compliance
with state or federal requirements for public drinking water
systems, and its agents and employees, are immune from
lawsuits or causes of action, based on noncompliance with
state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and
continue after the date of assuming responsibility, provided
that the city has submitted and is complying with a plan and
schedule of improvements approved by the department of
health. This immunity shall expire on the earlier of the date
the plan of improvements is completed or four years from the
date of assuming responsibility. This immunity does not
apply to intentional injuries, fraud, or bad faith. [1994 c 292
§ 6.]
35A.21.270
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
35A.21.275 Regulation of automatic number or location identification—Prohibited. No code city may enact or
enforce an ordinance or regulation mandating automatic
number identification or automatic location identification for
a private telecommunications system or for a provider of private shared telecommunications services. [1995 c 243 § 7.]
35A.21.275
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
35A.21.280 Statement of restrictions applicable to
real property. (1) A property owner may make a written
35A.21.280
[Title 35A RCW—page 44]
request for a statement of restrictions applicable to a single
parcel, tract, lot, or block of real property to the code city in
which the real property is located.
(2) Within thirty days of the receipt of the request, the
code city shall provide the owner, by registered mail, with a
statement of restrictions as described in subsection (3) of this
section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;
(c) Any designations made by the code city pursuant to
chapter 36.70A RCW of any portion of the real property as
agricultural land, forest land, mineral resource land, wetland,
an area with a critical recharging effect on aquifers used for
potable water, a fish and wildlife habitat conservation area, a
frequently flooded area, and as a geological hazardous area;
and
(d) If information regarding the designations listed in (c)
of this subsection are not readily available, inform the owner
of the procedure by which the owner can obtain that site-specific information from the code city.
(4) If a code city fails to provide the statement of restrictions within thirty days after receipt of the written request, the
owner shall be awarded recovery of all attorneys’ fees and
costs incurred in any successful application for a writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person
holding the buyer’s interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i)
Containing a single-family residence that is occupied by the
owner or a member of his or her family, or rented to another
by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or
development rights.
Nothing in this section shall be deemed to create any liability on the part of a code city. [1996 c 206 § 7.]
Findings—1996 c 206: See note following RCW 43.05.030.
Additional notes found at www.leg.wa.gov
35A.21.290 Fish enhancement project—Code city’s
liability. A code city is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of
*RCW 77.55.290 and has been permitted by the department
of fish and wildlife. [2003 c 39 § 16; 1998 c 249 § 10.]
35A.21.290
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
35A.21.300 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each code city that owns or operates a rail fixed
guideway system as defined in RCW 81.104.015 shall submit
a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one
hundred eighty calendar days before beginning operations or
35A.21.300
(2010 Ed.)
Provisions Affecting All Code Cities
instituting revisions to its plans. These plans must describe
the code city’s procedures for (a) reporting and investigating
reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and
annual safety and security audit reports, (c) facilitating onsite safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee
security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation. If
required by the department, the code city shall revise its plans
to incorporate the department’s review comments within
sixty days after their receipt, and resubmit its revised plans
for review.
(2) Each code city shall implement and comply with its
system safety program plan and system security and emergency preparedness plan. The code city shall perform internal safety and security audits to evaluate its compliance with
the plans, and submit its audit schedule to the department of
transportation no later than December 15th each year. The
code city shall prepare an annual report for its internal safety
and security audits undertaken in the prior year and submit it
to the department no later than February 15th. This annual
report must include the dates the audits were conducted, the
scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result
of the audit activity, and the results of each audit in terms of
the adequacy and effectiveness of the plans.
(3) Each code city shall notify the department of transportation within two hours of an occurrence of a reportable
accident, unacceptable hazardous condition, or security
breach. The department may adopt rules further defining a
reportable accident, unacceptable hazardous condition, or
security breach. The code city shall investigate all reportable
accidents, unacceptable hazardous conditions, or security
breaches and provide a written investigation report to the
department within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security
breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 2; 2005 c 274 §
267; 1999 c 202 § 2.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
35A.21.310 Mobile home, manufactured home, or
park model moving or installing—Copies of permits—
Definitions. (1) A code city shall transmit a copy of any permit issued to a tenant or the tenant’s agent for a mobile home,
manufactured home, or park model installation in a mobile
home park to the landlord.
(2) A code city shall transmit a copy of any permit issued
to a person engaged in the business of moving or installing a
mobile home, manufactured home, or park model in a mobile
home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW
59.20.030;
35A.21.310
(2010 Ed.)
35A.21.312
(b) "Mobile home park" has the same meaning as in
RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the
same meaning as in *RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW
59.20.030. [1999 c 359 § 19.]
*Reviser’s note: RCW 43.63B.010 was recodified as RCW
43.22A.010 pursuant to 2007 c 432 § 13.
Additional notes found at www.leg.wa.gov
35A.21.312 Authority to regulate placement or use of
homes—Regulation of manufactured homes—Issuance of
p e rm i t s — R e s t r ic t i o n s o n l o c a t io n o f m a n u f a c tured/mobile homes and entry or removal of recreational
vehicles used as primary residences. (1) A code city may
not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers’ choices in the
placement or use of a home in such a manner that is not
equally applicable to all homes. Homes built to 42 U.S.C.
Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site
built homes, factory built homes, or homes built to any other
state construction or local design standard. However, except
as provided in subsection (2) of this section, any code city
may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent
foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed
by concrete or an approved concrete product which can be
either load bearing or decorative;
(c) The manufactured home comply with all local design
standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy
code; and
(e) The manufactured home otherwise meets all other
requirements for a designated manufactured home as defined
in RCW 35.63.160.
A code city with a population of one hundred thirty-five
thousand or more may choose to designate its building official as the person responsible for issuing all permits, including department of labor and industries permits issued under
chapter 43.22 RCW in accordance with an interlocal agreement under chapter 39.34 RCW, for alterations, remodeling,
or expansion of manufactured housing located within the city
limits under this section.
(2) A code city may not adopt an ordinance that has the
effect, directly or indirectly, of restricting the location of
manufactured/mobile homes in manufactured/mobile home
communities that were legally in existence before June 12,
2008, based exclusively on the age or dimensions of the manufactured/mobile home. This does not preclude a code city
from restricting the location of a manufactured/mobile home
in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire,
safety, or other local ordinances or state laws related to manufactured/mobile homes.
(3) Except as provided under subsection (4) of this section, a code city may not adopt an ordinance that has the
effect, directly or indirectly, of preventing the entry or requir35A.21.312
[Title 35A RCW—page 45]
35A.21.320
Title 35A RCW: Optional Municipal Code
ing the removal of a recreational vehicle used as a primary
residence in manufactured/mobile home communities.
(4) Subsection (3) of this section does not apply to any
local ordinance or state law that:
(a) Imposes fire, safety, or other regulations related to
recreational vehicles;
(b) Requires utility hookups in manufactured/mobile
home communities to meet state or federal building code
standards for manufactured/mobile home communities or
recreational vehicle parks; or
(c) Includes both of the following provisions:
(i) A recreational vehicle must contain at least one internal toilet and at least one internal shower; and
(ii) If the requirement in (c)(i) of this subsection is not
met, a manufactured/mobile home community must provide
toilets and showers.
(5) For the purposes of this section, "manufactured/mobile home community" has the same meaning as in
RCW 59.20.030.
(6) This section does not override any legally recorded
covenants or deed restrictions of record.
(7) This section does not affect the authority granted
under chapter 43.22 RCW. [2009 c 79 § 2; 2008 c 117 § 2;
2004 c 256 § 3.]
Findings—Intent—Effective date—2004 c 256: See notes following
RCW 35.21.684.
35A.21.320 Abandoned or derelict vessels. A code
city has the authority, subject to the processes and limitation
outlined in chapter 79.100 RCW, to store, strip, use, auction,
sell, salvage, scrap, or dispose of an abandoned or derelict
vessel found on or above publicly or privately owned aquatic
lands within the jurisdiction of the code city. [2002 c 286 §
16.]
35A.21.320
Severability—Effective date—2002 c 286: See RCW 79.100.900 and
79.100.901.
35A.21.330 Regulation of financial transactions—
Limitations. A code city or governmental entity subject to
this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer
and (1) a business or professional under the jurisdiction of the
department of financial institutions, or (2) any financial institution as defined under RCW 30.22.041. [2005 c 338 § 3.]
35A.21.330
Finding—Intent—2005 c 338: See note following RCW 35.21.698.
35A.21.335 Registration under or compliance with
streamlined sales and use tax agreement—Prohibited
requirement for businesses. A code city may not require a
business to be licensed based solely upon registration under
or compliance with the streamlined sales and use tax agreement. [2008 c 129 § 5.]
35A.21.335
35A.21.340 Contractors—Authority of city to verify
registration and report violations. A city that issues a business license to a person required to be registered under chapter 18.27 RCW may verify that the person is registered under
chapter 18.27 RCW and report violations to the department
of labor and industries. The department of licensing shall
35A.21.340
[Title 35A RCW—page 46]
conduct the verification for cities that participate in the master license system. [2009 c 432 § 3.]
Report—2009 c 432: See note following RCW 18.27.062.
35A.21.350 Community athletics programs—Sex
discrimination prohibited. The antidiscrimination provisions of RCW 49.60.500 apply to community athletics programs and facilities operated, conducted, or administered by
a code city. [2009 c 467 § 6.]
35A.21.350
Findings—Declarations—2009 c 467: See note following RCW
49.60.500.
35A.21.360 Temporary encampments for the homeless—Hosting by religious organizations authorized—
Prohibitions on local actions. (1) A religious organization
may host temporary encampments for the homeless on property owned or controlled by the religious organization
whether within buildings located on the property or elsewhere on the property outside of buildings.
(2) A code city may not enact an ordinance or regulation
or take any other action that:
(a) Imposes conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions of a religious organization
regarding the location of housing or shelter for homeless persons on property owned by the religious organization;
(b) Requires a religious organization to obtain insurance
pertaining to the liability of a municipality with respect to
homeless persons housed on property owned by a religious
organization or otherwise requires the religious organization
to indemnify the municipality against such liability; or
(c) Imposes permit fees in excess of the actual costs
associated with the review and approval of the required permit applications.
(3) For the purposes of this section, "religious organization" means the federally protected practice of a recognized
religious assembly, school, or institution that owns or controls real property.
(4) An appointed or elected public official, public
employee, or public agency as defined in RCW 4.24.470 is
immune from civil liability for (a) damages arising from the
permitting decisions for a temporary encampment for the
homeless as provided in this section and (b) any conduct or
unlawful activity that may occur as a result of the temporary
encampment for the homeless as provided in this section.
[2010 c 175 § 4.]
35A.21.360
Findings—Intent—Construction—Prior consent decrees and negotiated settlements for temporary encampments for the homeless not
superseded—2010 c 175: See notes following RCW 36.01.290.
35A.21.370 State and federal background checks of
license applicants and licensees of occupations under local
licensing authority. Code cities may, by ordinance, require
a state and federal background investigation of license applicants or licensees in occupations specified by ordinance for
the purpose of receiving criminal history record information
by code city officials. The investigation shall consist of a
background check as allowed through the Washington state
criminal records privacy act under RCW 10.97.050, the
Washington state patrol criminal identification system under
RCW 43.43.832 through 43.43.834, and the federal bureau of
35A.21.370
(2010 Ed.)
Aeronautics
investigation. These background checks must be done
through the Washington state patrol identification and criminal history section and may include a national check from the
federal bureau of investigation, which shall be through the
submission of fingerprints. The Washington state patrol shall
serve as the sole source for receipt of fingerprint submissions
and the responses to the submissions from the federal bureau
of investigation, which must be disseminated to the code city.
The code city shall transmit appropriate fees for a state and
national criminal history check to the Washington state
patrol, unless alternately arranged. [2010 c 47 § 3.]
Chapter 35A.24
Chapter 35A.24 RCW
AERONAUTICS
Sections
35A.24.010 Airport operation, planning and zoning.
35A.24.010 Airport operation, planning and zoning.
A code city may exercise the powers relating to airport planning and zoning, improvement and operation as authorized
by chapters 14.07, 14.08, and 14.12 RCW and chapter
35A.63 RCW of this title in accordance with the procedures
therein prescribed. [1967 ex.s. c 119 § 35A.24.010.]
35A.24.010
Chapter 35A.27
Chapter 35A.27 RCW
LIBRARIES, MUSEUMS, AND
HISTORICAL ACTIVITIES
Sections
35A.27.010 General laws applicable.
35A.27.010 General laws applicable. Every code city
may exercise the powers relating to the acquisition, development, improvement and operation of libraries and museums
and the preservation of historical materials to the same extent
authorized by general law for cities of any class, including,
but not limited to, the authority for city libraries granted by
RCW 35.22.280, the power to acquire and operate art museums, auditoriums, and other facilities as authorized by RCW
35.21.020, to participate in the establishment of regional
libraries, and to contract for library service for public libraries with county, intercounty, and rural library districts, and
for regional libraries as authorized by chapter 27.12 RCW, to
have a county law library or branch thereof generally under
the provisions of chapter 27.24 RCW, to preserve historical
materials, markers, graves and records as provided in chapters 27.48 and 27.34 RCW, and to expend municipal funds
thereon. [1985 c 7 § 101; 1983 c 3 § 60; 1967 ex.s. c 119 §
35A.27.010.]
35A.29.170
of land and improvement thereof with school districts. Code
cities and their relationship with public schools, colleges and
school districts shall be governed by the provisions of general
law, including Titles 28A and 28B RCW. Each code city
shall be contained within one school district except as may be
otherwise provided in *RCW 28A.315.250. [1983 c 3 § 61;
1967 ex.s. c 119 § 35A.28.010.]
801.
*Reviser’s note: RCW 28A.315.250 was repealed by 1999 c 315 §
Chapter 35A.29 RCW
MUNICIPAL ELECTIONS IN CODE CITIES
Chapter 35A.29
Sections
35A.29.120
35A.29.130
35A.29.151
35A.29.170
Ballot titles.
Notice of ballot title—Appeal.
Conduct of elections.
Initiative and referendum petitions—Suspension of effectiveness of legislative action.
35A.29.180 Recall.
35A.29.120 Ballot titles. When any question is to be
submitted to the voters of a code city, or when a proposition
is to be submitted to the voters of an area under provisions of
this title, the question or proposition shall be advertised as
provided for nominees for office, and in such cases there
shall also be printed on the ballot a ballot title for the question
or proposition in the form applicable under RCW *29.79.055,
**29.27.060, 82.14.036, 82.46.021, or 82.80.090 or as otherwise expressly required by state law. The ballot title shall be
prepared by the attorney for the code city, or as specified in
**RCW 29.27.060 for elections held outside of a code city.
[1993 c 256 § 13; 1979 ex.s. c 18 § 31; 1967 ex.s. c 119 §
35A.29.120.]
35A.29.120
35A.27.010
Chapter 35A.28
Chapter 35A.28 RCW
SCHOOLS
Sections
Reviser’s note: *(1) RCW 29.79.055 was recodified as RCW
29.27.066 pursuant to 2000 c 197 § 16. RCW 29.27.066 was subsequently
recodified as RCW 29A.36.070 pursuant to 2003 c 111 § 2401, effective July
1, 2004. RCW 29A.36.070 was subsequently repealed by 2004 c 271 § 193.
Later enactment of RCW 29A.36.070, see RCW 29A.36.071.
**(2) RCW 29.27.060 was repealed by 2000 c 197 § 15.
Additional notes found at www.leg.wa.gov
35A.29.130 Notice of ballot title—Appeal. Upon the
filing of a ballot title as defined in RCW 35A.29.120, the
county auditor shall forthwith notify the persons proposing
the measure of the exact language of the ballot title. If the
persons filing any local question covered by RCW
35A.29.120 are dissatisfied with the ballot title formulated by
the attorney for the code city or by the county prosecuting
attorney, they may appeal to the superior court of the county
where the question is to appear on the ballot, as provided in
*RCW 29.27.067. [1967 ex.s. c 119 § 35A.29.130.]
35A.29.130
*Reviser’s note: RCW 29.27.067 was recodified as RCW 29A.36.090
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35A.29.151 Conduct of elections. Elections for code
cities shall comply with general election law. [1994 c 223 §
41.]
35A.29.151
35A.28.010 General laws applicable.
35A.29.170 Initiative and referendum petitions—
Suspension of effectiveness of legislative action. Initiative
and referendum petitions authorized to be filed under provi35A.29.170
35A.28.010 General laws applicable. Code cities shall
have the authority to enter into contracts for joint acquisition
35A.28.010
(2010 Ed.)
[Title 35A RCW—page 47]
35A.29.180
Title 35A RCW: Optional Municipal Code
sions of this title, or authorized by charter, or authorized for
code cities having the commission form of government as
provided by chapter 35.17 RCW, shall be in substantial compliance with the provisions of RCW 35A.01.040 as to form
and content of the petition, insofar as such provisions are
applicable; shall contain a true copy of a resolution or ordinance sought to be referred to the voters; and must contain
valid signatures of registered voters of the code city in the
number required by the applicable provision of this title.
Except when otherwise provided by statute, referendum petitions must be filed with the clerk of the legislative body of the
code city within ninety days after the passage of the resolution or ordinance sought to be referred to the voters, or within
such lesser number of days as may be authorized by statute or
charter in order to precede the effective date of an ordinance:
PROVIDED, That nothing herein shall be construed to abrogate or affect an exemption from initiative and/or referendum
provided by a code city charter. The clerk shall transmit the
petition to the county auditor who shall determine the sufficiency of the petition under the rules set forth in RCW
35A.01.040. When a referendum petition is filed with the
clerk, the legislative action sought to be referred to the voters
shall be suspended from taking effect. Such suspension shall
terminate when: (1) There is a final determination of insufficiency or untimeliness of the referendum petition; or (2) the
legislative action so referred is approved by the voters at a
referendum election. [1996 c 286 § 8; 1967 ex.s. c 119 §
35A.29.170.]
35A.29.180 Recall. Elective officers of code cities may
be recalled in the manner provided in *chapter 29.82 RCW.
[1967 ex.s. c 119 § 35A.29.180.]
35A.29.180
*Reviser’s note: Chapter 29.82 RCW was recodified as chapter
29A.56 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Chapter 35A.31
Chapter 35A.31 RCW
ACCIDENT CLAIMS AND FUNDS
Sections
35A.31.010 Claims—Statement of residence required—Time for filing—
Verification.
35A.31.020 Liberal construction.
35A.31.030 Report—Manner of filing.
35A.31.050 Charter code cities—Provisions cumulative.
35A.31.060 Accident fund—Warrants for judgments.
35A.31.070 Tax levy for fund.
35A.31.080 Surplus to general fund.
35A.31.010 Claims—Statement of residence
required—Time for filing—Verification. Claims for damages sounding in tort against any code city shall be presented
and filed within the time, in the manner and by the person
prescribed in RCW 4.96.020. [1967 ex.s. c 119 §
35A.31.010.]
35A.31.010
35A.31.020 Liberal construction. With respect to the
content of such claims the provisions of RCW 4.96.020 shall
be liberally construed so that substantial compliance will be
deemed satisfactory. [1967 ex.s. c 119 § 35A.31.020.]
thereof, or appropriating any money or other property to pay
or satisfy the same or any part thereof, until the claim has first
been referred to the proper department or committee, nor
until such department or committee has made its report
thereon to the legislative body of the code city pursuant to
such reference.
No action shall be maintained against any code city for
any claim for damages until the claim has been filed in the
manner set forth in chapter 4.96 RCW. [1993 c 449 § 9; 1967
ex.s. c 119 § 35A.31.030.]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
35A.31.050
35A.31.050 Charter code cities—Provisions cumulative. Nothing herein shall be construed as in anywise modifying, limiting, or repealing any valid provision of the charter
of any charter code city relating to such claims for damages,
except when in conflict herewith, but the provisions hereof
shall be in addition to such charter provisions, and such
claims for damages, in all other respects, shall conform to and
comply with such charter provisions. [1967 ex.s. c 119 §
35A.31.050.]
35A.31.060
35A.31.060 Accident fund—Warrants for judgments. Every code city may create an accident fund upon
which the clerk shall draw warrants for the full amount of any
judgment including interest and costs against the city on
account of personal injuries suffered by any person as shown
by a transcript of the judgment duly certified to the clerk.
Warrants issued for such purpose shall be in denominations
not less than one hundred dollars nor more than five hundred
dollars; they shall draw interest at the rate of six percent per
annum, shall be numbered consecutively and be paid in the
order of their issue. [1967 ex.s. c 119 § 35A.31.060.]
35A.31.070
35A.31.070 Tax levy for fund. The legislative body of
the code city, after the drawing of warrants against the accident fund, shall estimate the amount necessary to pay the
warrant with accrued interest thereon and may appropriate
and transfer money from the contingency fund sufficient
therefor, or if there is not sufficient money in the contingency
fund the legislative body shall levy a tax sufficient to pay all
or such unpaid portion of any judgment not exceeding seventy-five cents per thousand dollars of assessed value. If a
single levy of seventy-five cents per thousand dollars of
assessed value is not sufficient, and if other moneys are not
available therefor, an annual levy of seventy-five cents per
thousand dollars of assessed value shall be made until the
warrants and interest are fully paid. [1973 1st ex.s. c 195 §
27; 1967 ex.s. c 119 § 35A.31.070.]
Additional notes found at www.leg.wa.gov
35A.31.020
35A.31.030 Report—Manner of filing. No ordinance
or resolution shall be passed allowing such claim or any part
35A.31.030
[Title 35A RCW—page 48]
35A.31.080
35A.31.080 Surplus to general fund. If there is no
judgment outstanding against the city for personal injuries,
the money remaining in the accident fund after the payment
of the warrants drawn on that fund and interest in full shall be
transferred to the general fund. [1967 ex.s. c 119 §
35A.31.080.]
(2010 Ed.)
Budgets in Code Cities
Chapter 35A.33
Chapter 35A.33 RCW
BUDGETS IN CODE CITIES
Sections
35A.33.010
35A.33.020
35A.33.030
35A.33.040
35A.33.050
35A.33.052
35A.33.055
35A.33.060
35A.33.070
35A.33.075
35A.33.080
35A.33.090
35A.33.100
35A.33.102
35A.33.105
35A.33.110
35A.33.120
35A.33.122
35A.33.125
35A.33.130
35A.33.135
35A.33.140
35A.33.145
35A.33.146
35A.33.150
35A.33.160
Definitions.
Applicability of chapter.
Budget estimates.
Classification and segregation of budget estimates.
Proposed preliminary budget.
Preliminary budget.
Budget message—Preliminary hearings.
Budget—Notice of hearing on final.
Budget—Hearing.
Budget adoption.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency expenditures—Warrants—Payments.
Registered warrants—Appropriations.
Adjustment of wages, etc., of employees permissible budget
notwithstanding.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers and adjustments.
Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.
Limitation on expenditures—Void.
Funds received from sales of bonds and warrants—Expenditures.
Levy for ad valorem tax.
Funds—Quarterly report of status.
Contingency fund—Creation.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
35A.33.010 Definitions. Unless the context clearly
indicates otherwise, the following words as used in this chapter shall have the meaning herein prescribed:
(1) "Chief administrative officer" as used in this chapter
includes the mayor of cities having a mayor-council form of
government, the commissioners in cities having a commission form of government, the city manager, or any other city
official designated by the charter or ordinances of such city
under the plan of government governing the same, or the budget or finance officer designated by the mayor, manager or
commissioners, to perform the functions, or portions thereof,
contemplated by this chapter.
(2) "Clerk" as used in this chapter includes the officer
performing the functions of a finance or budget director,
comptroller, auditor, or by whatever title he or she may be
known in any code city.
(3) "Council" as used in this chapter includes the commissioners in cities having a commission form of government
and any other group of city officials serving as the legislative
body of a code city.
(4) "Department" as used in this chapter includes each
office, division, service, system or institution of the city for
which no other statutory or charter provision is made for budgeting and accounting procedures or controls.
(5) "Fiscal year" as used in this chapter means that fiscal
period set by the code city pursuant to authority given under
RCW 1.16.030.
(6) "Fund", as used in this chapter and "funds" where
clearly used to indicate the plural of "fund", shall mean the
budgeting or accounting entity authorized to provide a sum of
money for specified activities or purposes.
(7) "Funds" as used in this chapter where not used to
indicate the plural of "fund" shall mean money in hand or
available for expenditure or payment of a debt or obligation.
35A.33.010
(2010 Ed.)
35A.33.050
(8) Except as otherwise defined herein, municipal
accounting terms used in this chapter have the meaning prescribed in "Governmental Accounting, Auditing and Financial Reporting" prepared by the National Committee on Governmental Accounting, 1968. [2009 c 549 § 3032; 1969 ex.s.
c 81 § 2; 1967 ex.s. c 119 § 35A.33.010.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Additional notes found at www.leg.wa.gov
35A.33.020 Applicability of chapter. The provisions
of this chapter apply to all code cities except those which
have adopted an ordinance under RCW 35A.34.040 providing for a biennial budget. In addition, this chapter shall not
apply to any municipal utility or enterprise for which separate
budgeting provisions are made by general state law. [1985 c
175 § 33; 1967 ex.s. c 119 § 35A.33.020.]
35A.33.020
35A.33.030 Budget estimates. On or before the second
Monday of the fourth month prior to the beginning of the
city’s next fiscal year, or at such other time as the city may
provide by ordinance or charter, the clerk shall notify in writing the head of each department of a code city to file with the
clerk within fourteen days of the receipt of such notification,
detailed estimates of the probable revenue from sources other
than ad valorem taxation and of all expenditures required by
his or her department for the ensuing fiscal year. The notice
shall be accompanied by the proper forms provided by the
clerk, prepared in accordance with the requirements and classification established by the state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls
properly within the duties of his or her office. The chief
administrative officers of the city shall submit to the clerk
detailed estimates of all expenditures proposed to be financed
from the proceeds of bonds or warrants not yet authorized,
together with a statement of the proposed method of financing them. In the absence or disability of the official or person
regularly in charge of a department, the duties herein required
shall devolve upon the person next in charge of such department. [1995 c 301 § 51; 1967 ex.s. c 119 § 35A.33.030.]
35A.33.030
35A.33.040 Classification and segregation of budget
estimates. All estimates of receipts and expenditures for the
ensuing year shall be fully detailed in the annual budget and
shall be classified and segregated according to a standard
classification of accounts to be adopted and prescribed by the
state auditor after consultation with the Washington finance
officers association, the association of Washington cities and
the association of Washington city managers. [1995 c 301 §
52; 1967 ex.s. c 119 § 35A.33.040.]
35A.33.040
35A.33.050 Proposed preliminary budget. On or
before the first business day in the third month prior to the
beginning of the fiscal year of a code city or at such other
time as the city may provide by ordinance or charter, the clerk
or other person designated by the charter, by ordinances, or
by the chief administrative officer of the city shall submit to
the chief administrative officer a proposed preliminary budget which shall set forth the complete financial program of
35A.33.050
[Title 35A RCW—page 49]
35A.33.052
Title 35A RCW: Optional Municipal Code
the city for the ensuing fiscal year, showing the expenditure
program requested by each department and the sources of
revenue by which each such program is proposed to be
financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last completed fiscal year, the estimated receipts for the current fiscal
year and the estimated receipts for the ensuing fiscal year,
which shall include the amount to be raised from ad valorem
taxes and unencumbered fund balances estimated to be available at the close of the current fiscal year.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal year, the appropriations for the current fiscal
year and the estimated expenditures for the ensuing fiscal
year. The salary or salary range for each office, position or
job classification shall be set forth separately together with
the title or position designation thereof: PROVIDED, That
salaries may be set out in total amounts under each department if a detailed schedule of such salaries and positions be
attached to and made a part of the budget document. [1967
ex.s. c 119 § 35A.33.050.]
35A.33.060 Budget—Notice of hearing on final.
Immediately following the filing of the preliminary budget
with the clerk, the clerk shall publish a notice once each week
for two consecutive weeks stating that the preliminary budget
for the ensuing fiscal year has been filed with the clerk, that a
copy thereof will be furnished to any taxpayer who will call
at the clerk’s office therefor and that the legislative body of
the city will meet on or before the first Monday of the month
next preceding the beginning of the ensuing fiscal year for the
purpose of fixing the final budget, designating the date, time
and place of the legislative budget meeting and that any taxpayer may appear thereat and be heard for or against any part
of the budget. The publication of the notice shall be made in
the official newspaper of the city. [1985 c 469 § 43; 1973 c
67 § 1; 1967 ex.s. c 119 § 35A.33.060.]
35A.33.060
35A.33.070 Budget—Hearing. The council shall meet
on the day fixed by RCW 35A.33.060 for the purpose of fixing the final budget of the city at the time and place designated in the notice thereof. Any taxpayer may appear and be
heard for or against any part of the budget. The hearing may
be continued from day to day but not later than the twentyfifth day prior to commencement of the city’s fiscal year.
[1967 ex.s. c 119 § 35A.33.070.]
35A.33.070
35A.33.052
35A.33.052 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail,
making any revisions or addition to the reports of the department heads deemed advisable by such chief administrative
officer and at least sixty days before the beginning of the
city’s next fiscal year he or she shall file it with the city clerk
as the recommendation of the chief administrative officer for
the final budget. The clerk shall provide a sufficient number
of copies of such preliminary budget and budget message to
meet the reasonable demands of taxpayers therefor and have
them available for distribution not later than six weeks before
the beginning of the city’s next fiscal year. [2009 c 549 §
3033; 1967 ex.s. c 119 § 35A.33.052.]
35A.33.055
35A.33.055 Budget message—Preliminary hearings.
In every code city a budget message prepared by or under the
direction of the city’s chief administrative officer shall be
submitted as a part of the preliminary budget to the city’s legislative body at least sixty days before the beginning of the
city’s next fiscal year and shall contain the following:
(1) An explanation of the budget document;
(2) An outline of the recommended financial policies and
programs of the city for the ensuing fiscal year;
(3) A statement of the relation of the recommended
appropriation to such policies and programs;
(4) A statement of the reason for salient changes from
the previous year in appropriation and revenue items;
(5) An explanation for any recommended major changes
in financial policy.
Prior to the final hearing on the budget, the legislative
body or a committee thereof, shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1967 ex.s. c 119 § 35A.33.055.]
[Title 35A RCW—page 50]
35A.33.075 Budget adoption. Following conclusion of
the hearing, and prior to the beginning of the fiscal year, the
legislative body shall make such adjustments and changes as
it deems necessary or proper and after determining the allowance in each item, department, classification and fund, and
shall by ordinance, adopt the budget in its final form and content. Appropriations shall be limited to the total estimated
revenues contained therein including the amount to be raised
by ad valorem taxes and the unencumbered fund balances
estimated to be available at the close of the current fiscal
year. Such ordinances may adopt the final budget by reference: PROVIDED, That the ordinance adopting such budget
shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the state auditor, and to the association of
Washington cities. [1995 c 301 § 53; 1969 ex.s. c 81 § 3;
1967 ex.s. c 119 § 35A.33.075.]
35A.33.075
Additional notes found at www.leg.wa.gov
35A.33.080 Emergency expenditures—Nondebatable emergencies. Upon the happening of any emergency
caused by violence of nature, casualty, riot, insurrection, war,
or other unanticipated occurrence requiring the immediate
preservation of order or public health, or for the restoration to
a condition of usefulness of any public property which has
been damaged or destroyed by accident, or for public relief
from calamity, or in settlement of approved claims for personal injuries or property damage, or to meet mandatory
expenditures required by laws enacted since the last annual
budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized
or assumed after adoption of the current budget, including
any expenses incident to selection of additional or new offi35A.33.080
(2010 Ed.)
Budgets in Code Cities
cials required thereby, or incident to employee recruitment at
any time, the city council, upon the adoption of an ordinance,
by the vote of one more than the majority of all members of
the legislative body, stating the facts constituting the emergency and the estimated amount required to meet it, may
make the expenditures therefor without notice or hearing.
[1967 ex.s. c 119 § 35A.33.080.]
35A.33.090 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the annual budget, and if it is not one of the emergencies specifically enumerated in RCW 35A.33.080, the
city council before allowing any expenditure therefor shall
adopt an ordinance stating the facts constituting the emergency and the estimated amount required to meet it and
declaring that an emergency exists.
Such ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
the vote of one more than the majority of all members of the
legislative body of the code city.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
again st the adoptio n ther eof. [1967 ex.s. c 11 9 §
35A.33.090.]
35A.33.090
35A.33.100 Emergency expenditures—Warrants—
Payments. All expenditures for emergency purposes as provided in this chapter shall be paid by warrants from any available money in the fund properly chargeable with such expenditures. If, at any time, there is insufficient money on hand in
a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest and be called in the
same manner as other registered warrants as prescribed in
RCW 35A.21.110. [1967 ex.s. c 119 § 35A.33.100.]
35A.33.100
35A.33.102 Registered warrants—Appropriations.
In adopting the final budget for any fiscal year, the council
shall appropriate from estimated revenue sources available, a
sufficient amount to pay the principal and interest on all outstanding registered warrants issued since the adoption of the
last preceding budget except those issued and identified as
revenue warrants and except those for which an appropriation
previously has been made: PROVIDED, That no portion of
the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility
or other special purpose fund of a self-supporting nature:
PROVIDED FURTHER, That all or any portion of the city’s
outstanding registered warrants may be funded into bonds in
any manner authorized by law. [1967 ex.s. c 119 §
35A.33.102.]
35A.33.102
35A.33.105 Adjustment of wages, etc., of employees
permissible budget notwithstanding. Notwithstanding the
appropriations for any salary, or salary range of any
employee or employees adopted in a final budget, the legislative body of any code city may, by ordinance, change the
wages, hours, and conditions of employment of any or all of
its appointive employees if sufficient funds are available for
35A.33.105
(2010 Ed.)
35A.33.122
appropriation to such purposes. [1967 ex.s. c 119 §
35A.33.105.]
35A.33.110 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install the
forms and classifications required by this chapter to define
what expenditures are chargeable to each budget class and to
establish the accounting and cost systems necessary to secure
accurate budget information. [1995 c 301 § 54; 1967 ex.s. c
119 § 35A.33.110.]
35A.33.110
35A.33.120 Funds—Limitations on expenditures—
Transfers and adjustments. The expenditures as classified
and itemized in the final budget shall constitute the city’s
appropriations for the ensuing fiscal year. Unless otherwise
ordered by a court of competent jurisdiction, and subject to
further limitations imposed by ordinance of the code city, the
expenditure of city funds or the incurring of current liabilities
on behalf of the city shall be limited to the following:
(1) The total amount appropriated for each fund in the
budget for the current fiscal year, without regard to the individual items contained therein, except that this limitation
shall not apply to wage adjustments authorized by RCW
35A.33.105; and
(2) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
years pursuant to RCW 35A.33.150; and
(3) Funds received from the sale of bonds or warrants
which have been duly authorized according to law; and
(4) Funds received in excess of estimated revenues during the current fiscal year, when authorized by an ordinance
amending the original budget; and
(5) Expenditures required for emergencies, as authorized
in RCW 35A.33.080 and 35A.33.090.
Transfers between individual appropriations within any
one fund may be made during the current fiscal year by order
of the city’s chief administrative officer subject to such regulations, if any, as may be imposed by the city council. Notwithstanding the provisions of RCW 43.09.210 or of any statute to the contrary, transfers, as herein authorized, may be
made within the same fund regardless of the various offices,
departments or divisions of the city which may be affected.
The city council, upon a finding that it is to the best interests of the code city to decrease, revoke or recall all or any
portion of the total appropriations provided for any one fund,
may, by ordinance, approved by the vote of one more than the
majority of all members thereof, stating the facts and findings
for doing so, decrease, revoke or recall all or any portion of
an unexpended fund balance, and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys
thus released may be reappropriated for another purpose or
purposes, without limitation to department, division or fund,
unless the use of such moneys is otherwise restricted by law,
charter, or ordinance. [1967 ex.s. c 119 § 35A.33.120.]
35A.33.120
35A.33.122 Administration, oversight, or supervision of utility—Reimbursement from utility budget
authorized. Whenever any code city apportions a percentage of the city manager’s, administrator’s, or supervisor’s
time, or the time of other management or general government
35A.33.122
[Title 35A RCW—page 51]
35A.33.125
Title 35A RCW: Optional Municipal Code
staff, for administration, oversight, or supervision of a utility
operated by the city, or to provide services to the utility, the
utility budget may identify such services and budget for reimbursement of the city’s current expense fund for the value of
such services. [1991 c 152 § 3.]
35A.33.125 Limitation on expenditures—Void. Liabilities incurred by any officer or employee of the city in
excess of any budget appropriations shall not be a liability of
the city. The clerk shall issue no warrant and the city council
or other authorized person shall approve no claim for an
expenditure in excess of the total amount appropriated for
any individual fund, except upon an order of a court of competent jurisdiction or for emergencies as provided in this
chapter. [1969 ex.s. c 81 § 4; 1967 ex.s. c 119 § 35A.33.125.]
35A.33.125
Additional notes found at www.leg.wa.gov
35A.33.130 Funds received from sales of bonds and
warrants—Expenditures. Moneys received from the sale
of bonds or warrants shall be used for no other purpose than
that for which they were issued and no expenditure shall be
made for that purpose until the bonds have been duly authorized. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued it shall
be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter, no
such expenditure shall be made or incurred until after the
bonds have been duly authorized. [1967 ex.s. c 119 §
35A.33.130.]
35A.33.130
35A.33.145 Contingency fund—Creation. Every
code city may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the
necessity or extent of which could not have been foreseen or
reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies
described in RCW 35A.33.080 and 35A.33.090. Such fund
may be supported by a budget appropriation from any tax or
other revenue source not restricted in use by law, or also may
be supported by a transfer from other unexpended or
decreased funds made available by ordinance as set forth in
RCW 35A.33.120: PROVIDED, That the total amount accumulated in such fund at any time shall not exceed the equivalent of thirty-seven and one-half cents per thousand dollars of
assessed valuation of property within the city at such time.
Any moneys in the contingency fund at the end of the fiscal
year shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget.
[1973 1st ex.s. c 195 § 28; 1967 ex.s. c 119 § 35A.33.145.]
35A.33.145
Additional notes found at www.leg.wa.gov
35A.33.146 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by a
resolution or ordinance of the council, adopted by a vote of
the majority of the entire council, clearly stating the facts
constituting the reason for the withdrawal or the emergency
as the case may be, specifying the fund to which the withdrawn money shall be transferred. [1967 ex.s. c 119 §
35A.33.146.]
35A.33.146
35A.33.150 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end
of each fiscal year: PROVIDED, That this shall not prevent
payments in the following year upon uncompleted programs
or improvements in progress or on orders subsequently filled
or claims subsequently billed for the purchase of material,
equipment and supplies or for personal or contractual services not completed or furnished by the end of the fiscal year,
all of which have been properly budgeted and contracted for
prior to the close of such fiscal year but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for any
municipal purpose or purposes, or a contingency fund as
authorized by RCW 35A.33.145, shall not lapse, but shall be
carried forward from year to year until fully expended or the
purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal year
shall be kept open for twenty days after the close of such fiscal year for the purpose of paying and recording claims for
indebtedness incurred during such fiscal year; any claim presented after the twentieth day following the close of the fiscal
year shall be paid from appropriations lawfully provided for
the ensuing period, including those made available by provisions of this section, and shall be recorded in the accounts for
the ensuing fiscal year. [1967 ex.s. c 119 § 35A.33.150.]
35A.33.150
35A.33.135 Levy for ad valorem tax. At a time fixed
by the city’s ordinance or charter, not later than the first Monday in October of each year, the chief administrative officer
shall provide the city’s legislative body with current information on estimates of revenues from all sources as adopted in
the budget for the current year, together with estimates submitted by the clerk under RCW 35A.33.050. The city’s legislative body and the city’s administrative officer or his or her
designated representative shall consider the city’s total anticipated financial requirements for the ensuing fiscal year, and
the legislative body shall determine and fix by ordinance the
amount to be raised by ad valorem taxes. Upon adoption of
the ordinance fixing the amount of ad valorem taxes to be
levied, the clerk shall certify the same to the board of county
commissioners as required by RCW 84.52.020. [2009 c 549
§ 3034; 1967 ex.s. c 119 § 35A.33.135.]
35A.33.135
35A.33.140 Funds—Quarterly report of status. At
such intervals as may be required by city charter or ordinance, however, being not less than quarterly, the clerk shall
submit to the city’s legislative body and chief administrative
officer a report showing the expenditures and liabilities
against each separate budget appropriation incurred during
the preceding reporting period and like information for the
whole of the current fiscal year to the first day of the current
reporting period together with the unexpended balance of
each appropriation. The report shall also show the receipts
from all sources. [1967 ex.s. c 119 § 35A.33.140.]
35A.33.140
[Title 35A RCW—page 52]
(2010 Ed.)
Biennial Budgets
35A.33.160 Violations and penalties. Upon the conviction of any city official, department head or other city
employee of knowingly failing, or refusing, without just
cause, to perform any duty imposed upon such officer or
employee by this chapter, or city ordinance or charter, in connection with the giving of notice, the preparing and filing of
estimates of revenues or expenditures or other information
required for preparing a budget report in the time and manner
required, or of knowingly making expenditures in excess of
budget appropriations, he or she shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars
for each separate violation. [2009 c 549 § 3035; 1967 ex.s. c
119 § 35A.33.160.]
35A.33.160
Chapter 35A.34
Chapter 35A.34 RCW
BIENNIAL BUDGETS
Sections
35A.34.010
35A.34.020
35A.34.030
35A.34.040
35A.34.050
35A.34.060
35A.34.070
35A.34.080
35A.34.090
35A.34.100
35A.34.110
35A.34.120
35A.34.130
35A.34.140
35A.34.150
35A.34.160
35A.34.170
35A.34.180
35A.34.190
35A.34.200
35A.34.205
35A.34.210
35A.34.220
35A.34.230
35A.34.240
35A.34.250
35A.34.260
35A.34.270
35A.34.280
Legislative intent.
Application of chapter.
Definitions.
Biennial budget authorized—Limitations.
Budget estimates—Submittal.
Budget estimates—Classification and segregation.
Proposed preliminary budget.
Preliminary budget.
Budget message—Hearings.
Budget—Notice of hearing.
Budget—Hearing.
Budget—Adoption.
Budget—Mid-biennial review and modification.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency expenditures—Warrants—Payment.
Registered warrants—Payment.
Adjustment of wages, hours and conditions of employment.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers and adjustments.
Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.
Liabilities incurred in excess of budget.
Funds received from sales of bonds and warrants—Expenditures.
Revenue estimates—Amount to be raised by ad valorem taxes.
Funds—Quarterly report of status.
Contingency fund—Creation.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
35A.34.050
(3) "Legislative body" includes the council, commission,
or any other group of officials serving as the legislative body
of a code city.
(4) "Chief administrative officer" includes the mayor of
cities having a mayor-council plan of government, the commissioners in cities having a commission plan of government,
the manager, or any other city official designated by the charter or ordinances of such city under the plan of government
governing the same, or the budget or finance officer designated by the mayor, manager, or commissioners, to perform
the functions, or portions thereof, contemplated by this chapter.
(5) "Fiscal biennium" means the period from January 1
of each odd-numbered year through December 31 of the next
succeeding even-numbered year.
(6) "Fund" and "funds" where clearly used to indicate the
plural of "fund" means the budgeting or accounting entity
authorized to provide a sum of money for specified activities
or purposes.
(7) "Funds" where not used to indicate the plural of
"fund" means money in hand or available for expenditure or
payment of a debt or obligation.
(8) Except as otherwise defined in this chapter, municipal accounting terms used in this chapter have the meaning
prescribed by the state auditor pursuant to RCW 43.09.200.
[1985 c 175 § 35.]
"Fiscal biennium" defined: RCW 1.16.020.
35A.34.040 Biennial budget authorized—Limitations. All code cities are authorized to establish by ordinance
a two-year fiscal biennium budget. The ordinance shall be
enacted at least six months prior to commencement of the fiscal biennium and this chapter applies to all code cities which
utilize a fiscal biennium budget. Code cities which establish
a fiscal biennium budget are authorized to repeal such ordinance and provide for reversion to a fiscal year budget. The
ordinance may only be repealed effective as of the conclusion
of a fiscal biennium. However, the city shall comply with
chapter 35A.33 RCW in developing and adopting the budget
for the first fiscal year following repeal of the ordinance.
[1985 c 175 § 36.]
35A.34.040
35A.34.050 Budget estimates—Submittal. On or
before the second Monday of the fourth month prior to the
beginning of the city’s next fiscal biennium, or at such other
time as the city may provide by ordinance or charter, the clerk
shall notify in writing the head of each department of a city to
file with the clerk within fourteen days of the receipt of such
notification, detailed estimates of the probable revenue from
sources other than ad valorem taxation and of all expenditures required by the department for the ensuing fiscal biennium. The notice shall be accompanied by the proper forms
provided by the clerk, prepared in accordance with the
requirements and classification established by the state auditor. The clerk shall prepare the estimates for interest and debt
redemption requirements and all other estimates, the preparation of which falls properly within the duties of the clerk’s
office. The chief administrative officers of the city shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants
35A.34.050
35A.34.010 Legislative intent.
35A.34.010
See RCW 35.34.010.
35A.34.020 Application of chapter. This chapter
applies to all code cities which have by ordinance adopted
this chapter authorizing the adoption of a fiscal biennium
budget. [1985 c 175 § 34.]
35A.34.020
35A.34.030 Definitions. Unless the context clearly
indicates otherwise, the definitions in this section apply
throughout this chapter.
(1) "Clerk" includes the officer performing the functions
of a finance or budget director, comptroller, auditor, or by
whatever title the officer may be known in any code city.
(2) "Department" includes each office, division, service,
system, or institution of the city for which no other statutory
or charter provision is made for budgeting and accounting
procedures or controls.
35A.34.030
(2010 Ed.)
[Title 35A RCW—page 53]
35A.34.060
Title 35A RCW: Optional Municipal Code
not yet authorized, together with a statement of the proposed
method of financing them. In the absence or disability of the
official or person regularly in charge of a department, the
duties required by this section shall devolve upon the person
next in charge of such department. [1995 c 301 § 55; 1985 c
175 § 37.]
35A.34.060 Budget estimates—Classification and
segregation. All estimates of receipts and expenditures for
the ensuing fiscal biennium shall be fully detailed in the biennial budget and shall be classified and segregated according
to a standard classification of accounts to be adopted and prescribed by the state auditor after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers. [1995 c 301 § 56; 1985 c 175 § 38.]
35A.34.060
35A.34.070 Proposed preliminary budget. On or
before the first business day in the third month prior to the
beginning of the biennium of a city or at such other time as
the city may provide by ordinance or charter, the clerk or
other person designated by the charter, by ordinances, or by
the chief administrative officer of the city shall submit to the
chief administrative officer a proposed preliminary budget
which shall set forth the complete financial program of the
city for the ensuing fiscal biennium, showing the expenditure
program requested by each department and the sources of
revenue by which each such program is proposed to be
financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last completed fiscal biennium, the estimated receipts for the current
fiscal biennium, and the estimated receipts for the ensuing
fiscal biennium, which shall include the amount to be raised
from ad valorem taxes and unencumbered fund balances estimated to be available at the close of the current fiscal biennium. However, if the city was not utilizing a fiscal biennium
budget for the previous three years, it shall set forth its fiscal
years’ revenues to reflect actual and estimated receipts as if it
had previously utilized a biennial budgetary process.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal biennium, the appropriations for the current fiscal biennium, and the estimated expenditures for the ensuing
fiscal biennium. However, if the city was not utilizing a fiscal
biennium budget for the previous three years, it shall set forth
its fiscal years’ expenditures to reflect actual and estimated
levels as if it had previously utilized a biennial budgetary process. The expenditure section shall further set forth separately
the salary or salary range for each office, position, or job classification together with the title or position designation
thereof. However, salaries may be set out in total amounts
under each department if a detailed schedule of such salaries
and positions be attached and made a part of the budget document. [1985 c 175 § 39.]
35A.34.070
35A.34.080 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail,
making any revisions or additions to the reports of the depart35A.34.080
[Title 35A RCW—page 54]
ment heads deemed advisable by such chief administrative
officer. At least sixty days before the beginning of the city’s
next fiscal biennium the chief administrative officer shall file
it with the clerk as the recommendation of the chief administrative officer for the final budget. The clerk shall provide a
sufficient number of copies of such preliminary budget and
budget message to meet the reasonable demands of taxpayers
therefor and have them available for distribution not later
than six weeks before the beginning of the city’s next fiscal
biennium. [1985 c 175 § 40.]
35A.34.090 Budget message—Hearings. (1) In every
city, a budget message prepared by or under the direction of
the city’s chief administrative officer shall be submitted as a
part of the preliminary budget to the city’s legislative body at
least sixty days before the beginning of the city’s next fiscal
biennium and shall contain the following:
(a) An explanation of the budget document;
(b) An outline of the recommended financial policies and
programs of the city for the ensuing fiscal biennium;
(c) A statement of the relation of the recommended
appropriation to such policies and programs;
(d) A statement of the reason for salient changes from
the previous biennium in appropriation and revenue items;
and
(e) An explanation for any recommended major changes
in financial policy.
(2) Prior to the final hearing on the budget, the legislative
body or a committee thereof shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1985 c 175 § 41.]
35A.34.090
35A.34.100 Budget—Notice of hearing. Immediately
following the filing of the preliminary budget with the clerk,
the clerk shall publish a notice once a week for two consecutive weeks stating that the preliminary budget for the ensuing
fiscal biennium has been filed with the clerk, that a copy
thereof will be made available to any taxpayer who will call
at the clerk’s office therefor, that the legislative body of the
city will meet on or before the first Monday of the month next
preceding the beginning of the ensuing fiscal biennium for
the purpose of fixing the final budget, designating the date,
time, and place of the legislative budget meeting, and that any
taxpayer may appear thereat and be heard for or against any
part of the budget. The publication of the notice shall be made
in the official newspaper of the city if there is one, otherwise
in a newspaper of general circulation in the city. If there is no
newspaper of general circulation in the city, then notice may
be made by posting in three public places fixed by ordinance
as the official places for posting the city’s official notices.
[1985 c 175 § 42.]
35A.34.100
35A.34.110 Budget—Hearing. The legislative body
shall meet on the day fixed by RCW 35A.34.100 for the purpose of fixing the final budget of the city at the time and place
designated in the notice thereof. Any taxpayer may appear
and be heard for or against any part of the budget. The hearing may be continued from day to day but not later than the
35A.34.110
(2010 Ed.)
Biennial Budgets
twenty-fifth day prior to commencement of the city’s fiscal
biennium. [1985 c 175 § 43.]
35A.34.120 Budget—Adoption. Following conclusion
of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and
changes as it deems necessary or proper and, after determining the allowance in each item, department, classification,
and fund, shall by ordinance adopt the budget in its final form
and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be
raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by
reference. However, the ordinance adopting the budget shall
set forth in summary form the totals of estimated revenues
and appropriations for each separate fund and the aggregate
totals for all such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the state auditor and to the association of
Washington cities. [1995 c 301 § 57; 1985 c 175 § 44.]
35A.34.120
35A.34.130 Budget—Mid-biennial review and modification. The legislative authority of a city having adopted
the provisions of this chapter shall provide by ordinance for a
mid-biennial review and modification of the biennial budget.
The ordinance shall provide that such review and modification shall occur no sooner than eight months after the start nor
later than conclusion of the first year of the fiscal biennium.
The chief administrative officer shall prepare the proposed
budget modification and shall provide for publication of
notice of hearings consistent with publication of notices for
adoption of other city ordinances. City ordinances providing
for a mid-biennium review and modification shall establish
procedures for distribution of the proposed modification to
members of the city legislative authority, procedures for
making copies available to the public, and shall provide for
public hearings on the proposed budget modification. The
budget modification shall be by ordinance approved in the
same manner as are other ordinances of the city.
A complete copy of the budget modification as adopted
shall be transmitted to the state auditor and to the association
of Washington cities. [1995 c 301 § 58; 1985 c 175 § 45.]
35A.34.190
all members of the legislative body, stating the facts constituting the emergency and the estimated amount required to
meet it, may make the expenditures therefor without notice or
hearing. [1985 c 175 § 46.]
35A.34.150 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the budget, and if it is not one of the emergencies
specifically enumerated in RCW 35A.34.140, the city legislative body before allowing any expenditure therefor shall
adopt an ordinance stating the facts constituting the emergency and the estimated amount required to meet it and
declaring that an emergency exists.
The ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
the vote of one more than the majority of all members of the
legislative body of the city.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1985 c 175 § 47.]
35A.34.150
35A.34.130
35A.34.140 Emergency expenditures—Nondebatable emergencies. Upon the happening of any emergency
caused by violence of nature, casualty, riot, insurrection, war,
or other unanticipated occurrence requiring the immediate
preservation of order or public health, or for the property
which has been damaged or destroyed by accident, or for
public relief from calamity, or in settlement of approved
claims for personal injuries or property damages, or to meet
mandatory expenditures required by law enacted since the
last budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized or assumed after adoption of the current budget, including any expenses incident to selection of additional or new
officials required thereby, or incident to employee recruitment at any time, the city legislative body, upon the adoption
of an ordinance, by the vote of one more than the majority of
35A.34.140
(2010 Ed.)
35A.34.160 Emergency expenditures—Warrants—
Payment. All expenditures for emergency purposes as provided in this chapter shall be paid by warrants from any available money in the fund properly chargeable with such expenditures. If, at any time, there is insufficient money on hand in
a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest, and be called in the
same manner as other registered warrants as prescribed in
RCW 35A.21.110. [1985 c 175 § 48.]
35A.34.160
35A.34.170 Registered warrants—Payment. In
adopting the final budget for any fiscal biennium, the legislative body shall appropriate from estimated revenue sources
available, a sufficient amount to pay the principal and interest
on all outstanding registered warrants issued since the adoption of the last preceding budget except those issued and
identified as revenue warrants and except those for which an
appropriation previously has been made. However, no portion of the revenues which are restricted in use by law may be
appropriated for the redemption of warrants issued against a
utility or other special purpose fund of a self-supporting
nature. In addition, all or any portion of the city’s outstanding
registered warrants may be funded into bonds in any manner
authorized by law. [1985 c 175 § 49.]
35A.34.170
35A.34.180 Adjustment of wages, hours and conditions of employment. Notwithstanding the appropriations
for any salary or salary range of any employee or employees
adopted in a final budget, the legislative body of any city
may, by ordinance, change the wages, hours, and conditions
of employment of any or all of its appointive employees if
sufficient funds are available for appropriation to such purposes. [1985 c 175 § 50.]
35A.34.180
35A.34.190 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install the
forms and classifications required by this chapter to define
35A.34.190
[Title 35A RCW—page 55]
35A.34.200
Title 35A RCW: Optional Municipal Code
what expenditures are chargeable to each budget class and to
establish the accounting and cost systems necessary to secure
accurate budget information. [1995 c 301 § 59; 1985 c 175 §
51.]
35A.34.200 Funds—Limitations on expenditures—
Transfers and adjustments. (1) The expenditures as classified and itemized in the final budget shall constitute the city’s
appropriations for the ensuing fiscal biennium. Unless otherwise ordered by a court of competent jurisdiction, and subject
to further limitations imposed by ordinance of the city, the
expenditure of city funds or the incurring of current liabilities
on behalf of the city shall be limited to the following:
(a) The total amount appropriated for each fund in the
budget for the current fiscal biennium, without regard to the
individual items contained therein, except that this limitation
does not apply to wage adjustments authorized by RCW
35A.34.180;
(b) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
periods pursuant to RCW 35A.34.270;
(c) Funds received from the sale of bonds or warrants
which have been duly authorized according to law;
(d) Funds received in excess of estimated revenues during the current fiscal biennium, when authorized by an ordinance amending the original budget; and
(e) Expenditures authorized by budget modification as
provided by RCW 35A.34.130 and those required for emergencies, as authorized by RCW 35A.34.140 and 35A.34.150.
(2) Transfers between individual appropriations within
any one fund may be made during the current fiscal biennium
by order of the city’s chief administrative officer subject to
such regulations, if any, as may be imposed by the city legislative body. Notwithstanding the provisions of RCW
43.09.210 or of any statute to the contrary, transfers, as
authorized in this section, may be made within the same fund
regardless of the various offices, departments, or divisions of
the city which may be affected.
(3) The city legislative body, upon a finding that it is to
the best interests of the city to decrease, revoke, or recall all
or any portion of the total appropriations provided for any
one fund, may, by ordinance, approved by the vote of one
more than the majority of all members thereof, stating the
facts and findings for doing so, decrease, revoke, or recall all
or any portion of an unexpended fund balance, and by said
ordinance, or a subsequent ordinance adopted by a like
majority, the moneys thus released may be reappropriated for
another purpose or purposes, without limitation to department, division, or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance. [1985 c 175 §
52.]
35A.34.200
35A.34.205 Administration, oversight, or supervision of utility—Reimbursement from utility budget
authorized. Whenever any code city apportions a percentage of the city manager’s, administrator’s, or supervisor’s
time, or the time of other management or general government
staff, for administration, oversight, or supervision of a utility
operated by the city, or to provide services to the utility, the
utility budget may identify such services and budget for reim35A.34.205
[Title 35A RCW—page 56]
bursement of the city’s current expense fund for the value of
such services. [1991 c 152 § 4.]
35A.34.210 Liabilities incurred in excess of budget.
Liabilities incurred by any officer or employee of the city in
excess of any budget appropriations shall not be a liability of
the city. The clerk shall issue no warrant and the city legislative body or other authorized person shall approve no claim
for an expenditure in excess of the total amount appropriated
for any individual fund, except upon an order of a court of
competent jurisdiction or for emergencies as provided in this
chapter. [1985 c 175 § 53.]
35A.34.210
35A.34.220 Funds received from sales of bonds and
warrants—Expenditures. Moneys received from the sale
of bonds or warrants shall be used for no other purpose than
that for which they were issued and no expenditure shall be
made for that purpose until the bonds have been duly authorized. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued, it shall
be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter, no
such expenditure shall be made or incurred until after the
bonds have been duly authorized. [1985 c 175 § 54.]
35A.34.220
35A.34.230 Revenue estimates—Amount to be raised
by ad valorem taxes. At a time fixed by the city’s ordinance
or city charter, not later than the first Monday in October of
the second year of each fiscal biennium, the chief administrative officer shall provide the city’s legislative body with current information on estimates of revenues from all sources as
adopted in the budget for the current biennium, together with
estimates submitted by the clerk under RCW 35A.34.070.
The city’s legislative body and the city’s administrative
officer or the officer’s designated representative shall consider the city’s total anticipated financial requirements for the
ensuing fiscal biennium, and the legislative body shall determine and fix by ordinance the amount to be raised the first
year of the biennium by ad valorem taxes. The legislative
body shall review such information as is provided by the
chief administrative officer and shall adopt an ordinance
establishing the amount to be raised by ad valorem taxes during the second year of the biennium. Upon adoption of the
ordinance fixing the amount of ad valorem taxes to be levied,
the clerk shall certify the same to the county legislative
authority as required by RCW 84.52.020. [1985 c 175 § 55.]
35A.34.230
35A.34.240 Funds—Quarterly report of status. At
such intervals as may be required by city charter or city ordinance, however, being not less than quarterly, the clerk shall
submit to the city’s legislative body and chief administrative
officer a report showing the expenditures and liabilities
against each separate budget appropriation incurred during
the preceding reporting period and like information for the
whole of the current fiscal biennium to the first day of the
current reporting period together with the unexpended balance of each appropriation. The report shall also show the
receipts from all sources. [1985 c 175 § 56.]
35A.34.240
(2010 Ed.)
Intergovernmental Relations
35A.34.250 Contingency fund—Creation. Every city
may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity
or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or
from which to provide moneys for those emergencies
described in RCW 35A.34.140 and 35A.34.150. Such fund
may be supported by a budget appropriation from any tax or
other revenue source not restricted in use by law, or also may
be supported by a transfer from other unexpended or
decreased funds made available by ordinance as set forth in
RCW 35A.34.200. However, the total amount accumulated
in such fund at any time shall not exceed the equivalent of
thirty-seven and one-half cents per thousand dollars of
assessed valuation of property within the city at such time.
Any moneys in the emergency fund at the end of the fiscal
biennium shall not lapse except upon reappropriation by the
council to another fund in the adoption of a subsequent budget. [1985 c 175 § 57.]
35A.34.250
35A.34.260 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by a
resolution or ordinance of the legislative body of the city,
adopted by a majority vote of the entire legislative body,
clearly stating the facts constituting the reason for the withdrawal or the emergency as the case may be, specifying the
fund to which the withdrawn money shall be transferred.
[1985 c 175 § 58.]
35A.36.010
35A.34.280 Violations and penalties. Upon the conviction of any city official, department head, or other city
employee of knowingly failing, or refusing, without just
cause, to perform any duty imposed upon such officer or
employee by this chapter, or city charter or city ordinance, in
connection with the giving of notice, the preparing and filing
of estimates of revenues or expenditures or other information
required for preparing a budget report in the time and manner
required, or of knowingly making expenditures in excess of
budget appropriations, the official or employee shall be guilty
of a misdemeanor and shall be fined not more than five hundred dollars for each separate violation. [1985 c 175 § 60.]
35A.34.280
Chapter 35A.35
Chapter 35A.35 RCW
INTERGOVERNMENTAL RELATIONS
Sections
35A.35.010 Joint facilities and agreements.
35A.35.020 Demonstration Cities and Metropolitan Development Act—
Authority to contract with federal government.
35A.34.260
35A.34.270 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end
of each fiscal biennium. However, this shall not prevent payments in the following biennium upon uncompleted programs or improvements in progress or on orders subsequently
filled or claims subsequently billed for the purchase of material, equipment, and supplies or for personal or contractual
services not completed or furnished by the end of the fiscal
biennium, all of which have been properly budgeted and contracted for prior to the close of such fiscal biennium, but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for any
municipal purpose or purposes, or a contingency fund as
authorized by RCW 35A.34.250, shall not lapse, but shall be
carried forward from biennium to biennium until fully
expended or the purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal biennium shall be kept open for twenty days after the close of
such fiscal biennium for the purpose of paying and recording
claims for indebtedness incurred during such fiscal biennium;
any claim presented after the twentieth day following the
close of the fiscal biennium shall be paid from appropriations
lawfully provided for the ensuing period, including those
made available by provisions of this section, and shall be
recorded in the accounts for the ensuing fiscal biennium.
[1985 c 175 § 59.]
35A.34.270
(2010 Ed.)
35A.35.010 Joint facilities and agreements. In addition to exercising all authority granted to cities of any class
for joint or intergovernmental cooperation and activity and
agreements for the acquisition, ownership, leasing, control,
improvement, occupation and use of land or other property
with a county, another city, or governmental agency, and in
addition to authority granted to code cities by RCW
35A.11.040, every code city may exercise the powers relating
to jails, places of detention, civic centers, civic halls and
armories as is authorized by chapters 36.64 and 38.20 RCW.
[1967 ex.s. c 119 § 35A.35.010.]
35A.35.010
35A.35.020 Demonstration Cities and Metropolitan
Development Act—Authority to contract with federal
government. See RCW 35.21.660.
35A.35.020
Chapter 35A.36
Chapter 35A.36 RCW
EXECUTION OF BONDS BY PROXY
IN CODE CITIES
Sections
35A.36.010
35A.36.020
35A.36.030
35A.36.040
35A.36.050
35A.36.060
35A.36.070
Appointment of proxies.
Coupons—Printing facsimile signatures.
Deputies—Exemptions.
Designation of bonds to be signed.
Liability of officer.
Notice to council.
Revocation of proxy.
35A.36.010 Appointment of proxies. The mayor,
finance officer, city clerk, or other officer of a code city who
is authorized or required by law, charter, or ordinance to execute bonds of the city or any subdivision or district thereof
may designate one or more bonded persons to affix such
officer’s signature to any bond or bonds requiring his or her
signature. If the signature of one of these officers is affixed
to a bond during his or her continuance in office by a proxy
designated by him or her whose authority has not been
revoked, the bond shall be as binding upon the city and all
concerned as though the officer had signed the bond in person. This chapter shall apply to all bonds, whether they con35A.36.010
[Title 35A RCW—page 57]
35A.36.020
Title 35A RCW: Optional Municipal Code
stitute obligations of the city as a whole or of any local
improvement or other district or subdivision thereof, whether
they call for payment from the general funds of the city or
from a local, special or other fund, and whether negotiable or
otherwise. [2009 c 549 § 3036; 1967 ex.s. c 119 §
35A.36.010.]
35A.36.020 Coupons—Printing facsimile signatures.
A facsimile reproduction of the signature of any of the code
city officers referred to in RCW 35A.36.010 may be printed,
engraved, or lithographed upon bond coupons with the same
effect as though the particular officer had signed the coupon
in person. [1967 ex.s. c 119 § 35A.36.020.]
35A.36.020
notice, the prior dated bonds must be specifically described
by reasonable reference thereto.
The notice designating a proxy shall be filed with the
city finance officer or city clerk, together with the specimen
signatures attached thereto and a record of the filing shall be
made in the journal of the legislative body. This record shall
note the date and hour of filing and may be made by the official who keeps the journal at any time after the filing of the
notice, even during a period of recess or adjournment of the
legislative body. The notice shall be effective from the time
of its recording. [2009 c 549 § 3038; 1967 ex.s. c 119 §
35A.36.060.]
35A.36.070 Revocation of proxy. Any designation of
a proxy may be revoked by written notice addressed to the
legislative body of the code city signed by the officer who
made the designation and filed and recorded in the same manner as the notice of designation. It shall be effective from the
time of its recording but shall not affect the validity of any
sign a tu re s the r e to fo re mad e. [ 19 67 e x .s. c 1 19 §
35A.36.070.]
35A.36.070
35A.36.030 Deputies—Exemptions. This chapter
shall not be construed to require the appointment of deputy
finance officers or deputy city clerks of code cities to be
made in accordance with this chapter insofar as concerns signatures or other acts which may lawfully be made or done by
such deputy officer under the provisions of any other law.
[1967 ex.s. c 119 § 35A.36.030.]
35A.36.030
35A.36.040 Designation of bonds to be signed. (1)
The officer of a code city whose duty it is to cause any bonds
to be printed, engraved, or lithographed, shall specify in a
written order or requisition to the printer, engraver, or lithographer the number of bonds to be printed, engraved or lithographed and the manner of numbering them.
(2) Every printer, engraver, or lithographer who knowingly prints, engraves, or lithographs a greater number of
bonds than that specified or who knowingly prints, engraves,
or lithographs more than one bond bearing the same number
is guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 200; 1967 ex.s. c 119 §
35A.36.040.]
35A.36.040
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
35A.36.050 Liability of officer. A code city officer
authorizing the affixing of his or her signature to a bond by a
proxy shall be subject to the same liability personally and on
his or her bond for any signature so affixed and to the same
extent as if he or she had affixed his or her signature in person. [2009 c 549 § 3037; 1967 ex.s. c 119 § 35A.36.050.]
35A.36.050
35A.36.060 Notice to council. In order to designate a
proxy to affix his or her signature to bonds, a code city officer
shall address a written notice to the legislative body of the
city giving the name of the person whom he or she has
selected therefor and stating generally or specifically what
bonds are to be so signed.
Attached to or included in the notice shall be a written
signature of the officer making the designation executed by
the proposed proxy followed by the word "by" and his or her
own signature; or, if the notice so states, the specimen signatures may consist of a facsimile reproduction of the officer’s
signature impressed by some mechanical process followed by
the word "by" and the proxy’s own signature.
If the authority is intended to include the signature upon
bonds bearing an earlier date than the effective date of the
35A.36.060
[Title 35A RCW—page 58]
Chapter 35A.37
Chapter 35A.37 RCW
FUNDS, SPECIAL PURPOSE
Sections
35A.37.010 Segregating and accounting.
35A.37.010 Segregating and accounting. Code cities
shall establish such funds for the segregation, budgeting,
expenditure and accounting for moneys received for special
purposes as are required by general law applicable to such
cities’ activities and the officers thereof shall pay into,
expend from, and account for such moneys in the manner
provided therefor including but not limited to the requirements of the following:
(1) Accounting funds as required by RCW 35.37.010;
(2) Annexation and consolidation fund as required by
chapters 35.10 and 35.13 RCW;
(3) Assessment fund as required by RCW 8.12.480;
(4) Equipment rental fund as authorized by RCW
35.21.088;
(5) Current expense fund as required by RCW
35.37.010, usually referred to as the general fund;
(6) Local improvement guaranty fund as required by
RCW 35.54.010;
(7) An indebtedness and sinking fund, together with separate funds for utilities and institutions as required by RCW
35.37.020;
(8) Local improvement district fund and revolving fund
as required by RCW 35.45.130 and 35.48.010;
(9) City street fund as required by chapter 35.76 RCW
and RCW 47.24.040;
(10) *Firemen’s relief and pension fund as required by
chapters 41.16 and 41.18 RCW;
(11) Policemen’s relief and pension fund as required by
RCW 41.20.130 and 63.32.030;
(12) First-class cities’ employees retirement and pension
system as authorized by chapter 41.28 RCW;
35A.37.010
(2010 Ed.)
Emergency Services
(13) Applicable rules of the state auditor. [1995 c 301 §
60; 1983 c 3 § 62; 1967 ex.s. c 119 § 35A.37.010.]
*Reviser’s note: The "firemen’s relief and pension fund" was changed
to the "firefighters’ relief and pension fund" by 2007 c 218 § 37.
Chapter 35A.38 RCW
EMERGENCY SERVICES
Chapter 35A.38
Sections
35A.38.010 Local organization.
35A.40.050
payment of bonds therefor, the validation of preexisting obligations by the voters of a consolidated city, debt limitations,
elections for authorization of the incurring of indebtedness,
and provisions pertaining to the issuance, sale, funding and
redemption of general obligation bonds and remedies for
nonpayment thereof are governed and controlled by the general law as contained in, but not limited to chapters 35.37,
39.40, 39.46, 39.52, 39.56, and 43.80 RCW, and are hereby
recognized as applicable to code cities. [1984 c 186 § 24;
1967 ex.s. c 119 § 35A.40.010.]
Purpose—1984 c 186: See note following RCW 39.46.110.
35A.38.010 Local organization. A code city may participate in the creation of local organizations for emergency
services, provide for mutual aid, and exercise all of the powers and privileges and perform all of the functions and duties,
and the officers and employees thereof shall have the same
powers, duties, rights, privileges and immunities as any city
of any class, and the employees thereof, have in connection
with emergency services as provided in chapter 38.52 RCW
in the manner provided by said chapters or by general law.
[1974 ex.s. c 171 § 2; 1967 ex.s. c 119 § 35A.38.010.]
35A.38.010
Chapter 35A.39
Chapter 35A.39 RCW
PUBLIC DOCUMENTS AND RECORDS
Sections
35A.40.020 Payment of claims and obligations by
warrant or check. A code city, by ordinance, may adopt a
policy for the payment of claims or other obligations of the
city, which are payable out of solvent funds, electing either to
pay such obligations by warrant, or to pay such obligations
by check: PROVIDED, That no check shall be issued when
the applicable fund is not solvent at the time payment is
ordered, but a warrant shall be issued therefor. When checks
are to be used, the legislative body shall designate the qualified public depositary whereon such checks are to be drawn,
and the officers authorized or required to sign such checks.
Wherever in this title, reference is made to warrants, such
term shall include checks where authorized by this section.
[1984 c 177 § 5; 1967 ex.s. c 119 § 35A.40.020.]
35A.40.020
35A.39.010 Legislative and administrative records.
35A.40.030 Fiscal—Depositaries. The legislative
body of a code city, at the end of each fiscal year, or at such
other times as the legislative body may direct, shall designate
one or more financial institutions which are qualified public
depositaries as set forth by the public deposit protection commission as depositary or depositaries of the moneys required
to be kept by the code city treasurer or other officer performing the duties commonly performed by the treasurer of a code
city: PROVIDED, That where any bank has been designated
as a depositary hereunder such designation shall continue in
force until revoked by a majority vote of the legislative body
of such code city. The provisions relating to depositaries,
contained in chapter 39.58 RCW, as now or hereafter
amended, are hereby recognized as applicable to code cities
and to the depositaries designated by them. [1984 c 177 § 6;
1973 c 126 § 4; 1967 ex.s. c 119 § 35A.40.030.]
35A.40.030
35A.39.010 Legislative and administrative records.
Every code city shall keep a journal of minutes of its legislative meetings with orders, resolutions and ordinances passed,
and records of the proceedings of any city department, division or commission performing quasi judicial functions as
required by ordinances of the city and general laws of the
state and shall keep such records open to the public as
required by RCW 42.32.030 and shall keep and preserve all
public records and publications or reproduce and destroy the
same as provided by Title 40 RCW. Each code city may
duplicate and sell copies of its ordinances at fees reasonably
calculated to defray the cost of such duplication and handling. [1995 c 21 § 2; 1967 ex.s. c 119 § 35A.39.010.]
35A.39.010
Chapter 35A.40
Chapter 35A.40 RCW
FISCAL PROVISIONS APPLICABLE
TO CODE CITIES
Sections
35A.40.010
35A.40.020
35A.40.030
35A.40.050
35A.40.060
35A.40.070
35A.40.080
35A.40.090
35A.40.100
35A.40.110
35A.40.200
35A.40.210
Accounting—Funds—Indebtedness—Bonds.
Payment of claims and obligations by warrant or check.
Fiscal—Depositaries.
Fiscal—Investment of funds.
Fiscal—Validation and funding of debts.
Fiscal—Municipal Revenue Bond Act.
Bonds—Form, terms, and maturity.
Indebtedness.
Bankruptcy, readjustment and relief from debts.
Employee checks, drafts, warrants—City may cash.
General law relating to public works and contracts.
Public work or improvement—Procedures—Purchases.
35A.40.010 Accounting—Funds—Indebtedness—
Bonds. Municipal accounts and funds, the contracting of
indebtedness for municipal purposes and the issuance and
35A.40.010
(2010 Ed.)
35A.40.050 Fiscal—Investment of funds. Excess and
inactive funds on hand in the treasury of any code city may be
invested in the same manner and subject to the same limitations as provided for city and town funds in all applicable
statutes, including, but not limited to the following: RCW
35.39.030, 35.58.510, 35.81.070, 35.82.070, 36.29.020,
39.58.020, 39.58.080, 39.58.130, 39.60.010, 39.60.020,
41.16.040, 68.52.060, 68.52.065, and 72.19.120.
The responsibility for determining the amount of money
available in each fund for investment purposes shall be
placed upon the department, division, or board responsible
for the administration of such fund.
Moneys thus determined available for this purpose may
be invested on an individual fund basis or may, unless otherwise restricted by law be commingled within one common
investment portfolio for the mutual benefit of all participating
35A.40.050
[Title 35A RCW—page 59]
35A.40.060
Title 35A RCW: Optional Municipal Code
funds: PROVIDED, That if such moneys are commingled in
a common investment portfolio, all income derived therefrom shall be apportioned among the various participating
funds or the general or current expense fund as the governing
body of the code city determines by ordinance or resolution.
Any excess or inactive funds on hand in the city treasury
not otherwise invested for the specific benefit of any particular fund, may be invested by the city treasurer in United
States government bonds, notes, bills or certificates of
indebtedness for the benefit of the general or current expense
fund. [2007 c 64 § 1; 1987 c 331 § 77; 1983 c 66 § 2; 1983 c
3 § 64; 1967 ex.s. c 119 § 35A.40.050.]
Additional notes found at www.leg.wa.gov
35A.40.060 Fiscal—Validation and funding of debts.
The provisions of general law contained in chapters 35.40
and 39.90 RCW, relating to the validation and funding of
debts and elections pertaining thereto is hereby recognized as
applicable to code cities. [1967 ex.s. c 119 § 35A.40.060.]
35A.40.060
(1) The check, warrant, or draft must be drawn to the
order of cash or bearer and be immediately payable by a
drawee financial institution;
(2) The person presenting the check, draft, or warrant to
the city must produce identification as outlined by the city in
the authorizing ordinance;
(3) The payroll check, draft, or warrant or expense
check, draft, or warrant must have been issued by the city;
and
(4) Personal checks cashed pursuant to this authorization
cannot exceed two hundred dollars.
In the event that any personal check cashed for a city
employee by the city under this section is dishonored by the
drawee financial institution when presented for payment, the
city is authorized, after notice to the drawer or endorser of the
dishonor, to withhold from the drawer’s or endorser’s next
payroll check, draft, or warrant the full amount of the dishonored check. [1991 c 185 § 2.]
35A.40.200 General law relating to public works and
contracts. Every code city shall have the authority to make
public improvements and to perform public works under
authority provided by general law for any class of city and to
make contracts in accordance with procedure and subject to
the conditions provided therefor, including but not limited to
the provisions of: (1) Chapter 39.04 RCW, relating to public
works; (2) RCW 35.23.352 relating to competitive bidding
for public works, materials and supplies; (3) RCW 9.18.120
and 9.18.150 relating to suppression of competitive bidding;
(4) chapter 60.28 RCW relating to liens for materials and
labor performed; (5) chapter 39.08 RCW relating to contractor’s bonds; (6) chapters 39.12 and 43.03 RCW relating to
prevailing wages; (7) chapter 49.12 RCW relating to hours of
labor; (8) chapter 51.12 RCW relating to workers’ compensation; (9) chapter 49.60 RCW relating to antidiscrimination in
employment; (10) chapter 39.24 RCW relating to the use of
Washington commodities; and (11) chapter 39.28 RCW
relating to emergency public works. [1995 c 164 § 2; 1987 c
185 § 4; 1983 c 3 § 65; 1967 ex.s. c 119 § 35A.40.200.]
35A.40.200
35A.40.070
35A.40.070 Fiscal—Municipal Revenue Bond Act.
All provisions of chapter 35.41 RCW, the Municipal Revenue Bond Act, shall be applicable and/or available to code
cities. [1967 ex.s. c 119 § 35A.40.070.]
35A.40.080
35A.40.080 Bonds—Form, terms, and maturity. In
addition to any other authority granted by law, a code city
shall have authority to ratify and fund indebtedness as provided by chapter 35.40 RCW; to issue revenue bonds, coupons and warrants as authorized by chapter 35.41 RCW; to
authorize and issue local improvement bonds and warrants,
installment notes and interest certificates as authorized by
chapter 35.45 RCW; to fund indebtedness and to issue other
bonds as authorized by chapters 39.44, 39.48, 39.52 RCW,
RCW 39.56.020, and 39.56.030 in accordance with the procedures and subject to the limitations therein provided. [1967
ex.s. c 119 § 35A.40.080.]
35A.40.090 Indebtedness. The provisions of general
law contained in chapter 39.36 RCW relating to municipal
indebtedness shall be applicable to code cities. [2001 c 200 §
2; 1973 1st ex.s. c 195 § 29; 1970 ex.s. c 42 § 16; 1967 ex.s.
c 119 § 35A.40.090. Cf. 1973 1st ex.s. c 195 § 141.]
35A.40.090
Additional notes found at www.leg.wa.gov
35A.40.100 Bankruptcy, readjustment and relief
from debts. A code city may exercise the powers and obtain
the benefits relating to bankruptcy, readjustment and relief
from debts as authorized by chapter 39.64 RCW in accordance with the procedures therein prescribed. [1967 ex.s. c
119 § 35A.40.100.]
35A.40.100
35A.40.110 Employee checks, drafts, warrants—
City may cash. Any code city is hereby authorized, at its
option and after the adoption of the appropriate ordinance, to
accept in exchange for cash a payroll check, draft, or warrant;
expense check, draft, or warrant; or personal check from a
city employee in accordance with the following conditions:
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
35A.40.210 Public work or improvement—Procedures—Purchases. Procedures for any public work or
improvement for code cities shall be governed by RCW
35.23.352.
Purchases for code cities with twenty thousand population or more shall be governed by RCW 35.22.620. Purchases for code cities with under twenty thousand population
shall be governed by RCW 35.23.352. [2009 c 229 § 5; 1989
c 11 § 8; 1979 ex.s. c 89 § 3.]
35A.40.210
Additional notes found at www.leg.wa.gov
35A.40.110
[Title 35A RCW—page 60]
Chapter 35A.41
Chapter 35A.41 RCW
PUBLIC EMPLOYMENT
Sections
35A.41.010 Retirement and pension systems for code cities having a population of more than twenty thousand.
(2010 Ed.)
Public Officers and Agencies, Meetings, Duties and Powers
35A.41.020 Public employment and civil service.
35A.41.030 City contracts to obtain sheriff’s office law enforcement services.
35A.41.010 Retirement and pension systems for code
cities having a population of more than twenty thousand.
A code city having a population of more than twenty thousand inhabitants, or having been classed theretofore as a city
of the first class may exercise all of the powers relating to
retirement and pension systems for employees as authorized
by RCW 35A.11.020 and by chapter 41.28 RCW in accordance with the procedures prescribed therein and subject to
the limitations and penalties thereof. [1967 ex.s. c 119 §
35A.41.010.]
35A.41.010
35A.41.020 Public employment and civil service.
Except as otherwise provided in this title, the general provisions relating to public employment, including hospitalization and medical aid as provided in chapter 41.04 RCW, and
the application of federal social security for public employees, the acceptance of old age and survivors insurance as provided in chapters 41.47 and 41.48 RCW, military leave as
provided in RCW 38.40.060, self-insurance as provided in
chapter 48.62 RCW, the application of industrial insurance as
provided in Title 51 RCW, and chapter 43.101 RCW relating
to training of law enforcement officers, shall apply to code
cities. Any code city may retain any civil service system
theretofore in effect in such city and may adopt any system of
civil service which would be available to any class of city
under general law. [1991 sp.s. c 30 § 20; 1983 c 3 § 66; 1967
ex.s. c 119 § 35A.41.020.]
35A.41.020
Political activities of public employees: RCW 41.06.250.
Additional notes found at www.leg.wa.gov
35A.41.030 City contracts to obtain sheriff’s office
law enforcement services. See RCW 41.14.250 through
41.14.280.
35A.41.030
Chapter 35A.42 RCW
PUBLIC OFFICERS AND AGENCIES, MEETINGS,
DUTIES AND POWERS
Chapter 35A.42
Sections
35A.42.010
35A.42.020
35A.42.030
35A.42.040
35A.42.050
City treasurer—Miscellaneous authority and duties.
Qualification, removal, code of ethics, duties.
Continuity of government—Enemy attack.
City clerks and controllers.
Public officers and employees—Conduct.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
35A.42.010 City treasurer—Miscellaneous authority
and duties. In addition to authority granted and duties
imposed upon code city treasurers by this title, code city treasurers, or the officers designated by charter or ordinance to
perform the duties of a treasurer, shall have the duties and the
authority to perform the following: (1) As provided in RCW
8.12.500 relating to bonds and compensation payments in
eminent domain proceedings; (2) as provided in RCW
68.52.050 relating to cemetery improvement funds; (3) as
provided in RCW 41.28.080 relating to custody of employees’ retirement funds; (4) as provided in RCW 47.08.100
relating to the use of city street funds; (5) as provided in
35A.42.010
(2010 Ed.)
35A.42.040
RCW 46.68.080 relating to motor vehicle funds; (6) as provided in RCW 41.16.020 and chapter 41.20 RCW relating to
police and firefighters’ relief and pension boards; (7) as provided in chapter 42.20 RCW relating to misappropriation of
funds; and (8) as provided in chapter 39.60 RCW relating to
investment of municipal funds. The treasurer shall be subject
to the penalties imposed for the violation of any of such provisions. Where a provision of this title, or the general law,
names the city treasurer as an officer of a board or other body,
or assigns duties to a city treasurer, such position shall be
filled, or such duties performed, by the officer of a code city
who is performing the duties usually performed by a city treasurer, although he or she may not have that designation.
[2009 c 549 § 3039; 1987 c 331 § 78; 1984 c 258 § 320; 1967
ex.s. c 119 § 35A.42.010.]
Intent—1984 c 258: See note following RCW 3.34.130.
Additional notes found at www.leg.wa.gov
35A.42.020 Qualification, removal, code of ethics,
duties. Except as otherwise provided in this title, every elective and appointive officer and all employees of code cities
shall: (1) Be possessed of the qualifications and be subject to
forfeiture of office, impeachment or removal and recall as
provided in chapter 42.04 RCW and RCW 9.81.040; and (2)
provide official bonds in accordance with the requirements of
this title, and as required in compliance with chapters 42.08
and 48.28 RCW.
When vacancies in public offices in code cities shall
occur the term of a replacement officer shall be fixed as provided in chapter 42.12 RCW. A public officer charged with
misconduct as defined in chapter 42.20 RCW, shall be
charged and, upon conviction, punished as provided for such
misconduct in chapter 42.20 RCW. The officers and employees of code cities shall be guided and governed by the code of
ethics as provided in chapter 42.23 RCW. Vouchers for the
payment of public funds and the provisions for certifying the
same shall be as provided in chapter 42.24 RCW. The meetings of any board, agency, or commission of a code city shall
be open to the public to the extent and notice given in the
manner required by chapter 42.32 RCW. [1967 ex.s. c 119 §
35A.42.020.]
35A.42.020
Reviser’s note: RCW 42.32.010 and 42.32.020 were repealed by 1971
ex.s. c 250 § 15; later enactment, see chapter 42.30 RCW.
Recall of elective officers: State Constitution Art. 1 §§ 33, 34 (Amendment
8); chapter 29A.56 RCW.
Residence qualifications of officials and employees: RCW 35.21.200.
35A.42.030 Continuity of government—Enemy
attack. In the event that the mayor, manager or other chief
executive officer of any code city is unavailable by reason of
enemy attack to exercise the powers and to discharge the
duties of his or her office, his or her successor or substitute
shall be selected in the manner provided by RCW 42.14.050
subject to rules and regulations providing for the appointment
of temporary interim successors adopted under RCW
42.14.070. [2009 c 549 § 3040; 1967 ex.s. c 119 §
35A.42.030.]
35A.42.030
35A.42.040 City clerks and controllers. In addition to
any specific enumeration of duties of city clerks in a code
35A.42.040
[Title 35A RCW—page 61]
35A.42.050
Title 35A RCW: Optional Municipal Code
city’s charter or ordinances, and without limiting the generality of RCW 35A.21.030 of this title, the clerks of all code cities shall perform the following duties in the manner prescribed, to wit: (1) Certification of city streets as part of the
highway system in accordance with the provisions of RCW
47.24.010; (2) perform the functions of a member of a *firemen’s pension board as provided by RCW 41.16.020; (3)
keep a record of ordinances of the city and provide copies
thereof as authorized by RCW 5.44.080; (4) serve as applicable the trustees of any police relief and pension board as
authorized by RCW 41.20.010; and (5) serve as secretarytreasurer of volunteer firefighters’ relief and pension boards
as provided in RCW 41.24.060. [1991 c 81 § 39; 1967 ex.s.
c 119 § 35A.42.040.]
*Reviser’s note: The "firemen’s pension board" was changed to the
"firefighters’ pension board" by chapter 218, Laws of 2007.
Additional notes found at www.leg.wa.gov
35A.42.050 Public officers and employees—Conduct.
In addition to provisions of general law relating to public
officials and others in public administration, employment or
public works, the duties and conduct of such officers and
other persons shall be governed by: (1) Chapter 9A.68 RCW
relating to bribery of a public officer; (2) Article II, section 30
of the Constitution of the state of Washington relating to bribery or corrupt solicitation; (3) RCW 35.17.150 relating to
misconduct in code cities having a commission form of government; (4) chapter 42.23 RCW in regard to interest in contracts; (5) *chapter 29.85 RCW relating to misconduct in
connection with elections; (6) RCW 49.44.060 and
**49.44.070 relating to grafting by employees; (7) RCW
49.44.020 and 49.44.030 relating to the giving or solicitation
of a bribe to a labor representative; (8) chapter 42.20 RCW
relating to misconduct of a public officer; (9) RCW
49.52.050 and 49.52.090 relating to rebating by employees;
and (10) chapter 9.18 RCW relating to bribery and grafting.
[1983 c 3 § 67; 1967 ex.s. c 119 § 35A.42.050.]
35A.42.050
Reviser’s note: *(1) Chapter 29.85 RCW was recodified as chapter
29A.84 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) RCW 49.44.070 was repealed by 1995 c 285 § 37, effective July
1, 1995.
Chapter 35A.43
Chapter 35A.43 RCW
LOCAL IMPROVEMENTS IN CODE CITIES
Sections
35A.43.010 General law applicable to code cities.
35A.43.020 Public lands subject to local assessments.
35A.43.010 General law applicable to code cities.
Chapters 35.43, 35.44, 35.45, 35.47, 35.48, 35.49, 35.50,
35.53, 35.54, 35.55, and 35.56 RCW all relating to municipal
local improvements and made applicable to all incorporated
cities and towns by RCW 35.43.030 are hereby recognized as
applicable to all code cities, and the provisions thereof shall
supersede the provisions of any charter of a charter code city
inconsistent therewith. The provisions of the chapters named
in this section shall be effective as to charter code cities to the
same extent as such provisions are effective as to cities of the
first class, and all code cities may exercise, in the manner
35A.43.010
[Title 35A RCW—page 62]
provided, any authority therein granted to any class of city.
[1967 ex.s. c 119 § 35A.43.010.]
Local improvements, supplemental authority: Chapter 35.51 RCW.
35A.43.020 Public lands subject to local assessments.
In addition to the authority provided by chapter 35.44 RCW,
and chapter 79.44 RCW, a code city may assess public lands
for the cost of local improvements specially benefiting such
lands. [1967 ex.s. c 119 § 35A.43.020.]
35A.43.020
Chapter 35A.44
Chapter 35A.44 RCW
CENSUS
Sections
35A.44.010 Population determination.
35A.44.010 Population determination. The population of code cities shall be determined for specific purposes in
accordance with any express provision of state law relating
thereto. Where no express provision is made, the provisions
of RCW 43.41.110(7) relating to the office of financial management and the provisions of RCW 35.13.260 shall govern.
[1979 ex.s. c 18 § 32; 1979 c 151 § 36; 1967 ex.s. c 119 §
35A.44.010.]
35A.44.010
Additional notes found at www.leg.wa.gov
Chapter 35A.46
Chapter 35A.46 RCW
MOTOR VEHICLES
Sections
35A.46.010 State law applicable.
35A.46.010 State law applicable. (Effective until July
1, 2011.) The provisions of Title 46 of the Revised Code of
Washington relating to regulation of motor vehicles shall be
applicable to code cities, its officers and employees to the
same extent as such provisions grant powers and impose
duties upon cities of any class, their officers and agents,
including without limitation the following: (1) Authority to
provide for angle parking on certain city streets designated as
forming a route of a primary state highway as authorized in
RCW 46.61.575; (2) application of city police regulations to
port districts as authorized by RCW 53.08.230; (3) authority
to establish local regulations relating to city streets forming a
part of the state highway system as authorized by RCW
46.44.080; (4) authority to install and operate a station for the
inspection of vehicle equipment in conformity with rules,
regulations, procedure and standards prescribed by the Washington state patrol as authorized under *RCW 46.32.030; (5)
exemption from the payment of license fees for city owned
vehicles as authorized by RCW 46.16.020 and 46.16.290; (6)
authority to establish traffic schools as provided by chapter
46.83 RCW; and (7) authority to enforce the provisions of
RCW 81.48.050 relating to railroad crossings. [1967 ex.s. c
119 § 35A.46.010.]
35A.46.010
*Reviser’s note: RCW 46.32.030 was repealed by 1986 c 123 § 7.
35A.46.010 State law applicable. (Effective July 1,
2011.) The provisions of Title 46 RCW relating to regulation
35A.46.010
(2010 Ed.)
Highways and Streets
of motor vehicles shall be applicable to code cities and its
officers and employees to the same extent as such provisions
grant powers and impose duties upon cities of any class and
their officers and agents, including without limitation the following: (1) Authority to provide for angle parking on certain
city streets designated as forming a route of a primary state
highway as authorized in RCW 46.61.575; (2) application of
city police regulations to port districts as authorized by RCW
53.08.230; (3) authority to establish local regulations relating
to city streets forming a part of the state highway system as
authorized by RCW 46.44.080; (4) exemption from the payment of vehicle license fees for city owned vehicles as authorized by RCW 46.16A.170 and 46.16A.200(8); (5) authority
to establish traffic schools as provided by chapter 46.83
RCW; and (6) authority to enforce the provisions of RCW
81.48.050 relating to railroad crossings. [2010 c 161 § 1104;
1967 ex.s. c 119 § 35A.46.010.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws
of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Chapter 35A.47
Chapter 35A.47 RCW
HIGHWAYS AND STREETS
Sections
35A.47.010 Highways, granting land for.
35A.47.020 Streets—Acquisition, standards of design, use, vacation and
abandonment—Funds.
35A.47.030 Public highways—Acquisition, agreements, transfers, regulations.
35A.47.040 Franchises and permits—Streets and public ways.
Contracts for street improvements: Chapter 35.72 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
35A.47.010 Highways, granting land for. A code city
may exercise the powers relating to granting of property for
state highway purposes as authorized by RCW 47.12.040 in
accordance with the procedures therein prescribed. [1967
ex.s. c 119 § 35A.47.010.]
35A.47.010
35A.47.020 Streets—Acquisition, standards of
design, use, vacation and abandonment—Funds. The designation of code city streets as a part of the state highway system, the jurisdiction and control of such streets, the procedure
for acquisition or abandonment of rights-of-way for city
streets and state highways, and the sale or lease of state highway land or toll facility to a code city, the requirements for
accounting and expenditure of street funds, and the authority
for contracting for the construction, repair and maintenance
of streets by the state or county shall be the same as is provided in RCW 36.75.090, chapters 47.08, 47.12, 47.24 and
47.56 RCW, and the regulation of signs thereon as provided
in chapter 47.42 RCW. Code cities shall be regulated in the
acquisition, construction, maintenance, use and vacation of
alleys, city streets, parkways, boulevards and sidewalks and
in the design standards therefor as provided in chapters 35.68
through 35.79, 35.85, and 35.86 RCW and *RCW 79.93.010
relating to dedication of tidelands and shorelands to public
use and in the use of state shared funds as provided by general
law. [1983 c 3 § 68; 1967 ex.s. c 119 § 35A.47.020.]
35A.47.020
*Reviser’s note: RCW 79.93.010 was recodified as RCW 79.120.010
pursuant to 2005 c 155 § 1007.
(2010 Ed.)
35A.47.040
35A.47.030
35A.47.030 Public highways—Acquisition, agreements, transfers, regulations. The provisions of Title 47
RCW shall apply to code cities, its officers and employees to
the same extent as such provisions are applicable to any other
class of city within the state, including, without limitation,
the following: (1) The acquisition by the state of municipal
lands and the exchange of state highway and municipal lands,
as provided in chapter 47.12 RCW; (2) the dedication of public land for city streets as provided by RCW 36.34.290 and
36.34.300; (3) city contributions to finance toll facilities as
provided in RCW 47.56.250; (4) contracts with the department of transportation, as provided in RCW 47.01.210; (5)
the construction, maintenance, jurisdiction, and control of
city streets, as provided in chapter 47.24 RCW; (6) agreements between the department of transportation and a city for
the benefit or improvement of highways, roads, or streets, as
provided in RCW 47.28.140; (7) sales, leases, or transfers as
authorized by RCW 47.12.063, 47.12.066, and 47.12.080; (8)
the erection of information signs as regulated by RCW
47.42.050 and 47.42.060; (9) provisions relating to limited
access highways under chapter 47.52 RCW; (10) the acquisition and abandonment for state highways as provided by
RCW 36.75.090 and 90.28.020; and (11) the sharing of maintenance of streets and alleys as an extension of county roads
as provided by RCW 35.77.020. [1984 c 258 § 321; 1983 c 3
§ 69; 1967 ex.s. c 119 § 35A.47.030.]
Intent—1984 c 258: See note following RCW 3.34.130.
Additional notes found at www.leg.wa.gov
35A.47.040
35A.47.040 Franchises and permits—Streets and
public ways. Every code city shall have authority to permit
and regulate under such restrictions and conditions as it may
set by charter or ordinance and to grant nonexclusive franchises for the use of public streets, bridges or other public
ways, structures or places above or below the surface of the
ground for railroads and other routes and facilities for public
conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and
other methods of communication, for gas, steam and liquid
fuels, for water, sewer and other private and publicly owned
and operated facilities for public service. The power hereby
granted shall be in addition to the franchise authority granted
by general law to cities.
No ordinance or resolution granting any franchise in a
code city for any purpose shall be adopted or passed by the
city’s legislative body on the day of its introduction nor for
five days thereafter, nor at any other than a regular meeting
nor without first being submitted to the city attorney, nor
without having been granted by the approving vote of at least
a majority of the entire legislative body, nor without being
published at least once in a newspaper of general circulation
in the city before becoming effective.
The city council may require a bond in a reasonable
amount for any person or corporation obtaining a franchise
from the city conditioned upon the faithful performance of
the conditions and terms of the franchise and providing a
recovery on the bond in case of failure to perform the terms
and conditions of the franchise.
[Title 35A RCW—page 63]
Chapter 35A.49
Title 35A RCW: Optional Municipal Code
A code city may exercise the authority hereby granted,
notwithstanding a contrary limitation of any preexisting charter provision. [1967 ex.s. c 119 § 35A.47.040.]
Chapter 35A.49
Chapter 35A.49 RCW
LABOR AND SAFETY REGULATIONS
Sections
35A.49.010 Labor regulations—Safety regulations, discrimination in
employment, hours, wages.
Additional notes found at www.leg.wa.gov
Chapter 35A.57 RCW
INCLUSION OF CODE CITIES IN METROPOLITAN
MUNICIPAL CORPORATIONS
Chapter 35A.57
Sections
35A.57.020 Metropolitan municipal corporations—May be formed around
charter code city.
35A.57.020 Metropolitan municipal corporations—
May be formed around charter code city. Any area of the
state containing two or more cities, at least one of which is a
code city having at least ten thousand population, may organize as a metropolitan municipal corporation. The presence in
such area of a code city having at least ten thousand population, shall fulfill the requirement of RCW 35.58.030 as to the
class of city required to be included in an area incorporating
as a metropolitan municipal corporation. [1967 ex.s. c 119 §
35A.57.020.]
35A.57.020
35A.49.010 Labor regulations—Safety regulations,
discrimination in employment, hours, wages. Provisions
of state laws relating to labor and safety regulations as provided in Title 49 RCW shall apply to code cities to the same
extent as such laws apply to other classes of cities. [1967
ex.s. c 119 § 35A.49.010.]
35A.49.010
Chapter 35A.56
Chapter 35A.56 RCW
LOCAL SERVICE DISTRICTS
Sections
35A.56.010 Laws relating to special service districts, application to code
cities.
35A.56.010 Laws relating to special service districts,
application to code cities. Except as otherwise provided in
this title, state laws relating to special service or taxing districts shall apply to, grant powers, and impose duties upon
code cities and their officers to the same extent as such laws
apply to and affect other classes of cities and towns and their
employees, including, without limitation, the following: (1)
Chapter 70.94 RCW, relating to air pollution control; (2)
chapter 68.52 RCW, relating to cemetery districts; (3) *chapter 29.68 RCW, relating to congressional districts; (4) chapters 14.07 and 14.08 RCW, relating to municipal airport districts; (5) chapter 36.88 RCW, relating to county road
improvement districts; (6) Title 85 RCW, relating to diking
districts, drainage districts, and drainage improvement districts; (7) **chapter 36.54 RCW, relating to ferry districts;
(8) Title 52 RCW, relating to fire protection districts; (9)
Title 86 RCW, relating to flood control districts and flood
control; (10) chapter 70.46 RCW, relating to health districts;
(11) chapters 87.03 through 87.84 and 89.12 RCW, relating
to irrigation districts; (12) chapter 35.61 RCW, relating to
metropolitan park districts; (13) chapter 35.58 RCW, relating
to metropolitan municipalities; (14) chapter 17.28 RCW,
relating to mosquito control districts; (15) chapter 17.12
RCW, relating to agricultural pest districts; (16) Title 53
RCW, relating to port districts; (17) chapter 70.44 RCW,
relating to public hospital districts; (18) Title 54 RCW, relating to public utility districts; (19) chapter 91.08 RCW, relating to public waterway districts; (20) chapter 89.12 RCW,
relating to reclamation districts; (21) chapters 57.02 through
57.36 RCW, relating to water-sewer districts; and (22) chapter 17.04 RCW, relating to weed districts. [1996 c 230 §
1605; 1987 c 331 § 79; 1979 ex.s. c 30 § 2; 1967 ex.s. c 119
§ 35A.56.010.]
35A.56.010
Reviser’s note: *(1) Chapter 29.68 RCW was recodified as chapter
29A.28 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) Chapter 36.54 RCW relates to county-owned ferries.
[Title 35A RCW—page 64]
Chapter 35A.58
Chapter 35A.58 RCW
BOUNDARIES AND PLATS
Sections
35A.58.010 Locating corners and boundaries.
35A.58.020 Alteration and vacation of plats.
35A.58.030 Platting and subdivision of land.
35A.58.010 Locating corners and boundaries. General laws shall govern the methods, procedures, and standards
for surveying, establishing corners and boundaries, describing and perpetuating and recording information and descriptions relating thereto. The boundaries and corners of sections,
parcels, plats, and subdivisions of land within a code city,
may be surveyed, established, relocated, and perpetuated
whenever a majority of the resident owners of any section or
part or parts of any section of land within the city makes
application in accordance with the provisions of chapter
58.04 RCW. [1967 ex.s. c 119 § 35A.58.010.]
35A.58.010
35A.58.020 Alteration and vacation of plats. The provisions of *chapters 58.11 and 58.12 RCW shall apply in
appropriate cases to the alteration or vacation of plats including land or lots within a code city or the vacation of streets
therein as provided in chapter 35.79 RCW. The vacation of
waterways within a code city shall be governed by the provisions of **chapter 79.16 RCW. [1967 ex.s. c 119 §
35A.58.020.]
35A.58.020
Reviser’s note: *(1) Chapters 58.11 and 58.12 RCW were repealed by
1987 c 354 § 8.
**(2) Chapter 79.16 RCW was repealed by 1982 1st ex.s. c 21 § 183.
For later enactment, see chapters 79.90 through 79.96 RCW. Chapters 79.90
through 79.96 RCW were subsequently recodified as chapters 79.105
through 79.140 RCW pursuant to 2005 c 155.
35A.58.030 Platting and subdivision of land. The
provisions of chapter 58.17 RCW together with the provisions of a code city’s subdivision regulations as adopted by
ordinance not inconsistent with the provisions of chapter
58.17 RCW shall control the platting and subdividing of land
into lots or tracts comprising five or more of such lots or
35A.58.030
(2010 Ed.)
Liens
tracts or containing a dedication of any part thereof as a public street or highway, or other public place or use: PROVIDED, That nothing herein shall prohibit the legislative
body of a code city from adopting reasonable ordinances regulating the subdivision of land into two or more parcels without requiring compliance with all of the requirements of the
platting law. [1983 c 3 § 70; 1971 ex.s. c 251 § 9; 1967 ex.s.
c 119 § 35A.58.030.]
Additional notes found at www.leg.wa.gov
Chapter 35A.60
Chapter 35A.60 RCW
LIENS
Sections
35A.60.010 General law applicable.
35A.60.010 General law applicable. The general law
relating to liens including but not limited to the provisions of
Title 60 RCW, as the same relates to cities of any class shall
apply to code cities. Every code city may exercise the authority to perform services to property within the city and to
claim and foreclose liens allowed therefor by general laws for
any class of city including but not limited to the following
provisions: (1) Chapter 35.80 RCW, relating to unfit dwellings, buildings and structures; (2) RCW 35.22.320, relating
to the cost of filling cesspools; (3) RCW 35.85.030, relating
to assessment liens for viaducts, elevated roadways, tunnels,
and subways; (4) RCW 35.21.130, 35.21.140, 35.21.150, and
35.22.320 for garbage collection; (5) chapters 35.50, 35.55
and 35.56 RCW relating to enforcement of local improvement liens; (6) RCW 35.73.050 relating to the expense of
sanitary fills; (7) RCW 35.67.200 through 35.67.290, relating
to sewerage systems and service; (8) RCW 35.68.070,
35.69.030, 35.70.090, relating to sidewalks; (9) RCW
*35.49.120 through 35.49.160, relating to priority of tax
liens; (10) RCW 35.21.290 and 35.21.300, providing for liens
for utility services; (11) chapter 84.60 RCW relating to lien
of taxes upon property; (12) RCW 4.16.030, relating to foreclosure of local improvement liens; (13) chapter 60.76 RCW,
relating to lien of employees for contribution to benefit plans;
and (14) chapter 60.28 RCW, relating to lien for labor and
materials on public works. [1967 ex.s. c 119 § 35A.60.010.]
35A.60.010
*Reviser’s note: RCW 35.49.120 was repealed by 1994 c 301 § 57.
Chapter 35A.63 RCW
PLANNING AND ZONING IN CODE CITIES
Chapter 35A.63
Sections
35A.63.010 Definitions.
35A.63.015 "Solar energy system" defined.
35A.63.020 Planning agency—Creation—Powers and duties—Conflicts
of interest.
35A.63.030 Joint meetings and cooperative action.
35A.63.040 Regional planning.
35A.63.050 Receipt and expenditure of funds.
35A.63.060 Comprehensive plan—General.
35A.63.061 Comprehensive plan—Required elements.
35A.63.062 Comprehensive plan—Optional elements.
35A.63.070 Comprehensive plan—Notice and hearing.
35A.63.071 Comprehensive plan—Forwarding to legislative body.
35A.63.072 Comprehensive plan—Approval by legislative body.
35A.63.073 Comprehensive plan—Amendments and modifications.
35A.63.080 Comprehensive plan—Effect.
35A.63.100 Municipal authority.
(2010 Ed.)
35A.63.010
35A.63.105 Development regulations—Consistency with comprehensive
plan.
35A.63.107 Development regulations—Jurisdictions specified—Electric
vehicle infrastructure.
35A.63.110 Board of adjustment—Creation—Powers and duties.
35A.63.120 Administration and enforcement.
35A.63.130 Provisions inconsistent with charters.
35A.63.140 Duties and responsibilities imposed by other acts.
35A.63.145 Prohibitions on manufactured homes—Review required—
"Designated manufactured home" defined.
35A.63.146 Manufactured housing communities—Elimination of existing
community by code city prohibited.
35A.63.149 Residential care facilities—Review of need and demand—
Adoption of ordinances.
35A.63.150 Public hearings.
35A.63.152 Public notice—Identification of affected property.
35A.63.160 Construction—1967 ex.s. c 119.
35A.63.170 Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.
35A.63.200 Conformance with chapter 43.97 RCW required.
35A.63.210 Child care facilities—Review of need and demand—Adoption
of ordinances.
35A.63.215 Family day-care provider’s home facility—City may not prohibit in residential or commercial area—Conditions.
35A.63.220 Moratoria, interim zoning controls—Public hearing—Limitation on length.
35A.63.230 Accessory apartments.
35A.63.240 Treatment of residential structures occupied by persons with
handicaps.
35A.63.250 Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
35A.63.260 Planning regulations—Copies provided to county assessor.
35A.63.270 General aviation airports.
35A.63.280 Conditional and special use permit applications by parties
licensed or certified by the department of social and health
services or the department of corrections—Mediation prior
to appeal required.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by cities: RCW 64.04.130.
Adult family homes—Permitted use in residential and commercial zones:
RCW 70.128.175.
Appearance of fairness doctrine—Application to local land use decisions:
RCW 42.36.010.
Associations of municipal corporations or municipal officers to furnish
information to legislature and governor: RCW 44.04.170.
35A.63.010 Definitions. The following words or terms
as used in this chapter shall have the meanings set forth
below unless different meanings are clearly indicated by the
context:
(1) "Chief administrative officer" means the mayor in
code cities operating under the mayor-council and commission forms, the city manager in code cities operating under
the council-manager forms, or such other officer as the charter of a charter code city designates as the chief administrative officer.
(2) "City" means an incorporated city or town.
(3) "Code city" is used where the application of this
chapter is limited to a code city; where joint, regional, or
cooperative action is intended, a code city may be included in
the unrestricted terms "city" or "municipality".
(4) "Comprehensive plan" means the policies and proposals approved by the legislative body as set forth in RCW
35A.63.060 through 35A.63.072 of this chapter and containing, at least, the elements set forth in RCW 35A.63.061.
(5) "Legislative body" means a code city council, a code
city commission, and, in cases involving regional or cooperative planning or action, the governing body of a municipality.
35A.63.010
[Title 35A RCW—page 65]
35A.63.015
Title 35A RCW: Optional Municipal Code
(6) "Municipality" includes any code city and, in cases of
regional or cooperative planning or action, any city, town,
township, county, or special district.
(7) "Ordinance" means a legislative enactment by the
legislative body of a municipality; in this chapter "ordinance"
is synonymous with the term "resolution" when "resolution"
is used as representing a legislative enactment.
(8) "Planning agency" means any person, body, or organization designated by the legislative body to perform a planning function or portion thereof for a municipality, and
includes, without limitation, any commission, committee,
department, or board together with its staff members,
employees, agents, and consultants.
(9) "Special district" means that portion of the state,
county, or other political subdivision created under general
law for rendering of one or more local public services or for
administrative, educational, judicial, or political purposes.
[1967 ex.s. c 119 § 35A.63.010.]
35A.63.015 "Solar energy system" defined. As used
in this chapter, "solar energy system" means any device or
combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to any
substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but
are not limited to, serving as a structural member or part of a
roof of a building or structure and serving as a window or
wall. [1979 ex.s. c 170 § 6.]
35A.63.015
Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140.
Additional notes found at www.leg.wa.gov
35A.63.020 Planning agency—Creation—Powers
and duties—Conflicts of interest. By ordinance a code city
may create a planning agency and provide for its membership, organization, and expenses. The planning agency shall
serve in an advisory capacity to the chief administrative
officer or the legislative body, or both, as may be provided by
ordinance and shall have such other powers and duties as
shall be provided by ordinance. If any person or persons on a
planning agency concludes that he or she has a conflict of
interest or an appearance of fairness problem with respect to
a matter pending before the agency so that he or she cannot
discharge his or her duties on such an agency, he or she shall
disqualify himself or herself from participating in the deliberations and the decision-making process with respect to the
matter. If this occurs, the appointing authority that appoints
such a person may appoint a person to serve as an alternate on
the agency to serve in his or her stead in regard to such a matter. [2009 c 549 § 3041; 1979 ex.s. c 18 § 33; 1967 ex.s. c
119 § 35A.63.020.]
35A.63.020
Additional notes found at www.leg.wa.gov
35A.63.030 Joint meetings and cooperative action.
Pursuant to the authorization of the legislative body, a code
35A.63.030
[Title 35A RCW—page 66]
city planning agency may hold joint meetings with one or
more city or county planning agencies (including city or
county planning agencies in adjoining states) in any combination and may contract with another municipality for planning services. A code city may enter into cooperative
arrangements with one or more municipalities and with any
regional planning council organized under this chapter for
jointly engaging a planning director and such other employees as may be required to operate a joint planning staff.
[1969 ex.s. c 81 § 5; 1967 ex.s. c 119 § 35A.63.030.]
Additional notes found at www.leg.wa.gov
35A.63.040 Regional planning. A code city with one
or more municipalities within a region, otherwise authorized
by law to plan, including municipalities of adjoining states,
when empowered by ordinances of their respective legislative bodies, may cooperate to form, organize, and administer
a regional planning commission to prepare a comprehensive
plan and perform other planning functions for the region
defined by agreement of the respective municipalities. The
various agencies may cooperate in all phases of planning, and
professional staff may be engaged to assist in such planning.
All costs shall be shared on a pro rata basis as agreed among
the various entities. A code city may also cooperate with any
department or agency of a state government having planning
functions. [1969 ex.s. c 81 § 6; 1967 ex.s. c 119 §
35A.63.040.]
35A.63.040
Additional notes found at www.leg.wa.gov
35A.63.050 Receipt and expenditure of funds. Any
code city or any regional planning commission that includes
a code city, when authorized by the legislative bodies of the
municipalities represented by the regional planning commission, may enter into an agreement with any department or
agency of the government of the United States or the state of
Washington, or its agencies or political subdivisions, or any
other public or private agency, to arrange for the receipt and
expenditure of funds for planning in the interest of furthering
the planning program. [1967 ex.s. c 119 § 35A.63.050.]
35A.63.050
35A.63.060 Comprehensive plan—General. Every
code city, by ordinance, shall direct the planning agency to
prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and
building uses of the code city and its environs. The comprehensive plan may be prepared as a whole or in successive
parts. The plan should integrate transportation and land use
planning. [2002 c 189 § 2; 1967 ex.s. c 119 § 35A.63.060.]
35A.63.060
35A.63.061 Comprehensive plan—Required elements. The comprehensive plan shall be in such form and of
such scope as the code city’s ordinance or charter may
require. It may consist of a map or maps, diagrams, charts,
reports and descriptive and explanatory text or other devices
and materials to express, explain, or depict the elements of
the plan; and it shall include a recommended plan, scheme, or
design for each of the following elements:
(1) A land-use element that designates the proposed general distribution, general location, and extent of the uses of
land. These uses may include, but are not limited to, agricul35A.63.061
(2010 Ed.)
Planning and Zoning in Code Cities
tural, residential, commercial, industrial, recreational, educational, public, and other categories of public and private uses
of land. The land-use element shall also include estimates of
future population growth in, and statements of recommended
standards of population density and building intensity for, the
area covered by the comprehensive plan. The land use element shall also provide for protection of the quality and quantity of groundwater used for public water supplies and shall
review drainage, flooding, and storm water run-off in the area
and nearby jurisdictions and provide guidance for corrective
actions to mitigate or cleanse those discharges that pollute
Puget Sound or waters entering Puget Sound.
(2) A circulation element consisting of the general location, alignment, and extent of existing and proposed major
thoroughfares, major transportation routes, and major terminal facilities, all of which shall be correlated with the landuse element of the comprehensive plan. [1985 c 126 § 2;
1984 c 253 § 2; 1967 ex.s. c 119 § 35A.63.061.]
35A.63.062 Comprehensive plan—Optional elements. The comprehensive plan may include also any or all
of the following optional elements:
(1) A conservation element for the conservation, development, and utilization of natural resources.
(2) An open space, park, and recreation element.
(3) A transportation element showing a comprehensive
system of surface, air, and water transportation routes and
facilities.
(4) A public-use element showing general locations,
designs, and arrangements of public buildings and uses.
(5) A public utilities element showing general plans for
public and franchised services and facilities.
(6) A redevelopment or renewal element showing plans
for the redevelopment or renewal of slum and blighted areas.
(7) An urban design element for general organization of
the physical parts of the urban landscape.
(8) Other elements dealing with subjects that, in the
opinion of the legislative body, relate to the development of
the municipality, or are essential or desirable to coordinate
public services and programs with such development.
(9) A solar energy element for encouragement and protection of access to direct sunlight for solar energy systems.
[1979 ex.s. c 170 § 7; 1967 ex.s. c 119 § 35A.63.062.]
35A.63.062
Additional notes found at www.leg.wa.gov
35A.63.070 Comprehensive plan—Notice and hearing. After preparing the comprehensive plan, or successive
parts thereof, as the case may be, the planning agency shall
hold at least one public hearing on the comprehensive plan or
successive part. Notice of the time, place, and purpose of
such public hearing shall be given as provided by ordinance
and including at least one publication in a newspaper of general circulation delivered in the code city and in the official
gazette, if any, of the code city, at least ten days prior to the
date of the hearing. Continued hearings may be held at the
discretion of the planning agency but no additional notices
need be published. [1967 ex.s. c 119 § 35A.63.070.]
35A.63.070
35A.63.071 Comprehensive plan—Forwarding to
legislative body. Upon completion of the hearing or hear35A.63.071
(2010 Ed.)
35A.63.080
ings on the comprehensive plan or successive parts thereof,
the planning agency, after making such changes as it deems
necessary following such hearing, shall transmit a copy of its
recommendations for the comprehensive plan, or successive
parts thereof, to the legislative body through the chief administrative officer, who shall acknowledge receipt thereof and
direct the clerk to certify thereon the date of receipt. [1967
ex.s. c 119 § 35A.63.071.]
35A.63.072
35A.63.072 Comprehensive plan—Approval by legislative body. Within sixty days from its receipt of the recommendation for the comprehensive plan, as above set forth,
the legislative body at a public meeting shall consider the
same. The legislative body within such period as it may by
ordinance provide, shall vote to approve or disapprove or to
modify and approve, as modified, the comprehensive plan or
to refer it back to the planning agency for further proceedings, in which case the legislative body shall specify the time
within which the planning agency shall report back to the legislative body its findings and recommendations on the matters referred to it. The final form and content of the comprehensive plan shall be determined by the legislative body. An
affirmative vote of not less than a majority of total members
of the legislative body shall be required for adoption of a resolution to approve the plan or its parts. The comprehensive
plan, or its successive parts, as approved by the legislative
body, shall be filed with an appropriate official of the code
city and shall be available for public inspection. [1967 ex.s.
c 119 § 35A.63.072.]
35A.63.073
35A.63.073 Comprehensive plan—Amendments and
modifications. All amendments, modifications, or alterations in the comprehensive plan or any part thereof shall be
processed in the same manner as set forth in RCW
35A.63.070 through 35A.63.072. [1967 ex.s. c 119 §
35A.63.073.]
35A.63.080
35A.63.080 Comprehensive plan—Effect. From the
date of approval by the legislative body the comprehensive
plan, its parts and modifications thereof, shall serve as a basic
source of reference for future legislative and administrative
action: PROVIDED, That the comprehensive plan shall not
be construed as a regulation of property rights or land uses:
PROVIDED, FURTHER, That no procedural irregularity or
informality in the consideration, hearing, and development of
the comprehensive plan or a part thereof, or any of its elements, shall affect the validity of any zoning ordinance or
amendment thereto enacted by the code city after the
approval of the comprehensive plan.
The comprehensive plan shall be consulted as a preliminary to the establishment, improvement, abandonment, or
vacation of any street, park, public way, public building, or
public structure, and no dedication of any street or other area
for public use shall be accepted by the legislative body until
the location, character, extent, and effect thereof shall have
been considered by the planning agency with reference to the
comprehensive plan. The legislative body shall specify the
time within which the planning agency shall report and make
a recommendation with respect thereto. Recommendations of
[Title 35A RCW—page 67]
35A.63.100
Title 35A RCW: Optional Municipal Code
the planning agency shall be advisory only. [1967 ex.s. c 119
§ 35A.63.080.]
35A.63.100 Municipal authority. After approval of
the comprehensive plan, as set forth above, the legislative
body, in developing the municipality and in regulating the
use of land, may implement or give effect to the comprehensive plan or parts thereof by ordinance or other action to such
extent as the legislative body deems necessary or appropriate.
Such ordinances or other action may provide for:
(1) Adoption of an official map and regulations relating
thereto designating locations and requirements for one or
more of the following: Streets, parks, public buildings, and
other public facilities, and protecting such sites against
encroachment by buildings and other physical structures.
(2) Dividing the municipality, or portions thereof, into
appropriate zones within which specific standards, requirements, and conditions may be provided for regulating the use
of public and private land, buildings, and structures, and the
location, height, bulk, number of stories, and size of buildings and structures, size of yards, courts, open spaces, density
of population, ratio of land area to the area of buildings and
structures, setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy systems,
and such other standards, requirements, regulations, and procedures as are appropriately related thereto. The ordinance
encompassing the matters of this subsection is hereinafter
called the "zoning ordinance". No zoning ordinance, or
amendment thereto, shall be enacted by the legislative body
without at least one public hearing, notice of which shall be
given as set forth in RCW 35A.63.070. Such hearing may be
held before the planning agency or the board of adjustment or
such other body as the legislative body shall designate.
(3) Adoption of design standards, requirements, regulations, and procedures for the subdivision of land into two or
more parcels, including, but not limited to, the approval of
plats, dedications, acquisitions, improvements, and reservation of sites for public use.
(4) Scheduling public improvements on the basis of recommended priorities over a period of years, subject to periodic review.
(5) Such other matters as may be otherwise authorized
by law or as the legislative body deems necessary or appropriate to effectuate the goals and objectives of the comprehensive plan or parts thereof and the purposes of this chapter.
[1979 ex.s. c 170 § 8; 1967 ex.s. c 119 § 35A.63.100.]
35A.63.100
Additional notes found at www.leg.wa.gov
35A.63.105 Development regulations—Consistency
with comprehensive plan. Beginning July 1, 1992, the
development regulations of each code city that does not plan
under RCW 36.70A.040 shall not be inconsistent with the
city’s comprehensive plan. For the purposes of this section,
"development regulations" has the same meaning as set forth
in RCW 36.70A.030. [1990 1st ex.s. c 17 § 23.]
35A.63.105
Additional notes found at www.leg.wa.gov
35A.63.107 Development regulations—Jurisdictions
specified—Electric vehicle infrastructure. (1) By July 1,
2010, the development regulations of any jurisdiction:
35A.63.107
[Title 35A RCW—page 68]
(a) Adjacent to Interstate 5, Interstate 90, Interstate 405,
or state route number 520, with a population over twenty
thousand, and located in a county with a population over one
million five hundred thousand; or
(b) Adjacent to Interstate 5 and located in a county with
a population greater than six hundred thousand; or
(c) Adjacent to Interstate 5 and located in a county with
a state capitol within its borders;
planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt
and apply other development regulations that do not have the
effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(2) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction adjacent to
Interstate 5, Interstate 90, Interstate 405, or state route number 520 planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for
residential or resource use or critical areas. A jurisdiction
may adopt and apply other development regulations that do
not have the effect of precluding the siting of electric vehicle
infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction planning
under this chapter must allow battery charging stations as a
use in all areas except those zoned for residential or resource
use or critical areas. A jurisdiction may adopt and apply
other development regulations that do not have the effect of
precluding the siting of electric vehicle infrastructure in areas
where that use is allowed.
(4) Cities are authorized to adopt incentive programs to
encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives
may include bonus height, site coverage, floor area ratio, and
transferable development rights for use in urban growth
areas.
(5) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies
designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated
facility that will enable an electric vehicle with a swappable
battery to enter a drive lane and exchange the depleted battery
with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures,
machinery, and equipment necessary and integral to support
an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade
electrical outlet that allows for faster recharging of electric
vehicle batteries through higher power levels, which meets or
(2010 Ed.)
Planning and Zoning in Code Cities
exceeds any standards, codes, and regulations set forth by
chapter 19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
(6) If federal funding for public investment in electric
vehicles, electric vehicle infrastructure, or alternative fuel
distribution infrastructure is not provided by February 1,
2010, subsection (1) of this section is null and void. [2009 c
459 § 10.]
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.
35A.63.110 Board of adjustment—Creation—Powers and duties. A code city which pursuant to this chapter
creates a planning agency and which has twenty-five hundred
or more inhabitants, by ordinance, shall create a board of
adjustment and provide for its membership, terms of office,
organization, jurisdiction. A code city which pursuant to this
chapter creates a planning agency and which has a population
of less than twenty-five hundred may, by ordinance, similarly
create a board of adjustment. In the event a code city with a
population of less than twenty-five hundred creates a planning agency, but does not create a board of adjustment, the
code city shall provide that the city legislative authority shall
itself hear and decide the items listed in subdivisions (1), (2),
and (3) of this section. The action of the board of adjustment
shall be final and conclusive, unless, within twenty-one days
from the date of the action, the original applicant or an
adverse party makes application to the superior court for the
county in which that city is located for a writ of certiorari, a
writ of prohibition, or a writ of mandamus. No member of
the board of adjustment shall be a member of the planning
agency or the legislative body. Subject to conditions, safeguards, and procedures provided by ordinance, the board of
adjustment may be empowered to hear and decide:
(1) Appeals from orders, recommendations, permits,
decisions, or determinations made by a code city official in
the administration or enforcement of the provisions of this
chapter or any ordinances adopted pursuant to it.
(2) Applications for variances from the terms of the zoning ordinance, the official map ordinance or other land-use
regulatory ordinances under procedures and conditions prescribed by city ordinance, which among other things shall
provide that no application for a variance shall be granted
unless the board of adjustment finds:
(a) The variance shall not constitute a grant of special
privilege inconsistent with the limitation upon uses of other
properties in the vicinity and zone in which the property on
behalf of which the application was filed is located; and
(b) That such variance is necessary, because of special
circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it
with use rights and privileges permitted to other properties in
the vicinity and in the zone in which the subject property is
located; and
(c) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the
subject property is situated.
(3) Applications for conditional-use permits, unless such
applications are to be heard and decided by the planning
35A.63.110
(2010 Ed.)
35A.63.145
agency. A conditional use means a use listed among those
classified in any given zone but permitted to locate only after
review as herein provided in accordance with standards and
criteria set forth in the zoning ordinance.
(4) Such other quasi judicial and administrative determinations as may be delegated by ordinance.
In deciding any of the matters referred to in subsections
(1), (2), (3), and (4) of this section, the board of adjustment
shall issue a written report giving the reasons for its decision.
If a code city provides for a hearing examiner and vests in
him or her the authority to hear and decide the items listed in
subdivisions (1), (2), and (3) of this section pursuant to RCW
35A.63.170, then the provisions of this section shall not
apply to such a city. [2009 c 549 § 3042; 2001 c 200 § 1;
1979 ex.s. c 18 § 34; 1967 ex.s. c 119 § 35A.63.110.]
Additional notes found at www.leg.wa.gov
35A.63.120 Administration and enforcement. In
order to carry into effect the purposes of this chapter, administrative and enforcement responsibilities, other than those
set forth in RCW 35A.63.110, may be assigned by ordinance
to such departments, boards, officials, employees, or agents
as the legislative body deems appropriate. [1967 ex.s. c 119
§ 35A.63.120.]
35A.63.120
35A.63.130 Provisions inconsistent with charters.
Insofar as the provisions of an existing charter of a municipality are inconsistent with this chapter, a municipality may
exercise the authority, or any part thereof, granted by this
chapter notwithstanding the inconsistent provision of an
existing charter. [1967 ex.s. c 119 § 35A.63.130.]
35A.63.130
35A.63.140 Duties and responsibilities imposed by
other acts. Any duties and responsibilities which by other
statutes are imposed upon a planning commission may, in a
code city, be performed by a planning agency, as provided in
this chapter. [1967 ex.s. c 119 § 35A.63.140.]
35A.63.140
35A.63.145 Prohibitions on manufactured homes—
Review required—"Designated manufactured home"
defined. (1) Each comprehensive plan which does not allow
for the siting of manufactured homes on individual lots shall
be subject to a review by the city of the need and demand for
such homes. The review shall be completed by December 31,
1990.
(2) For the purpose of providing an optional reference
for cities which choose to allow manufactured homes on individual lots, a "designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance
with state and federal requirements for manufactured homes,
which:
(a) Is comprised of at least two fully enclosed parallel
sections each of not less than twelve feet wide by thirty-six
feet long;
(b) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar
roof of not less than 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding
materials commonly used on conventional site-built uniform
building code single-family residences.
35A.63.145
[Title 35A RCW—page 69]
35A.63.146
Title 35A RCW: Optional Municipal Code
(3) Nothing in this section precludes cities from allowing
any manufactured home from being sited on individual lots
through local standards which differ from the designated
manufactured home as described in this section, except that
the term "designated manufactured home" shall not be used
except as defined in subsection (2) of this section. [1988 c
239 § 2.]
35A.63.146 Manufactured housing communities—
Elimination of existing community by code city prohibited. After June 10, 2004, a code city may designate a manufactured housing community as a nonconforming use, but
may not order the removal or phased elimination of an existing manufactured housing community because of its status as
a nonconforming use. [2004 c 210 § 2.]
35A.63.146
35A.63.149 Residential care facilities—Review of
need and demand—Adoption of ordinances. Each municipality that does not provide for the siting of residential care
facilities in zones or areas that are designated for single family or other residential uses, shall conduct a review of the
need and demand for the facilities, including the cost of any
conditional or special use permit that may be required. The
review shall be completed by August 31, 1990. A copy of the
findings, conclusions, and recommendations resulting from
the review shall be sent to the *department of community
development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 37.]
35A.63.149
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
35A.63.150 Public hearings. The legislative body may
provide by ordinance for such additional public hearings and
notice thereof as it deems to be appropriate in connection
with any action contemplated under this chapter. [1967 ex.s.
c 119 § 35A.63.150.]
35A.63.150
35A.63.152 Public notice—Identification of affected
property. Any notice made under chapter 35A.63 RCW that
identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written
description, vicinity sketch, or other reasonable means.
[1988 c 168 § 10.]
35A.63.152
35A.63.160 Construction—1967 ex.s. c 119. This title
is intended to implement and preserve to code cities all powers authorized by Article XI, section 11 of the Constitution of
the state of Washington and the provision of this title shall
not limit any code city from exercising its constitutionally
35A.63.160
[Title 35A RCW—page 70]
granted power to plan for and to make and enforce within its
limits all such local police, sanitary, and other regulations in
the manner that its charter or ordinances may provide. [1967
ex.s. c 119 § 35A.63.160.]
35A.63.170 Hearing examiner system—Adoption
authorized—Alternative—Functions—Procedures. (1)
As an alternative to those provisions of this chapter relating
to powers or duties of the planning commission to hear and
report on any proposal to amend a zoning ordinance, the legislative body of a city may adopt a hearing examiner system
under which a hearing examiner or hearing examiners may
hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of
general applicability. In addition, the legislative body may
vest in a hearing examiner the power to hear and decide those
issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for
or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be followed by a hearing examiner. If the legislative authority vests
in a hearing examiner the authority to hear and decide variances, then the provisions of RCW 35A.63.110 shall not
apply to the city.
(2) Each city legislative body electing to use a hearing
examiner pursuant to this section shall by ordinance specify
the legal effect of the decisions made by the examiner. The
legal effect of such decisions may vary for the different
classes of applications decided by the examiner but shall
include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the
legislative body; or
(c) Except in the case of a rezone, the decision may be
given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in
writing and shall include findings and conclusions, based on
the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision
would carry out and conform to the city’s comprehensive
plan and the city’s development regulations. Each final decision of a hearing examiner, unless a longer period is mutually
agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following
conclusion of all testimony and hearings. [1995 c 347 § 424;
1994 c 257 § 7; 1977 ex.s. c 213 § 2.]
35A.63.170
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
35A.63.200 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
35A.63.200
(2010 Ed.)
Planning and Zoning in Code Cities
Act, P.L. 99-663, the exercise of any power or authority by a
city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including
the Interstate Compact adopted by RCW 43.97.015, and with
the management plan regulations and ordinances adopted by
the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 7.]
35A.63.210 Child care facilities—Review of need and
demand—Adoption of ordinances. Each municipality that
does not provide for the siting of family day care homes in
zones or areas that are designated for single family or other
residential uses, and for the siting of mini-day care centers
and day care centers in zones or areas that are designated for
any residential or commercial uses, shall conduct a review of
the need and demand for child care facilities, including the
cost of any conditional or special use permit that may be
required. The review shall be completed by August 31, 1990.
A copy of the findings, conclusions, and recommendations
resulting from the review shall be sent to the *department of
community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 5.]
35A.63.210
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 35A.63.210: See RCW 35.63.170.
35A.63.215 Family day-care provider’s home facility—City may not prohibit in residential or commercial
area—Conditions. (1) Except as provided in subsections (2)
and (3) of this section, no city may enact, enforce, or maintain
an ordinance, development regulation, zoning regulation, or
official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned
for residential or commercial use, as a family day-care provider’s home facility.
(2) A city may require that the facility: (a) Comply with
all building, fire, safety, health code, and business licensing
requirements; (b) conform to lot size, building size, setbacks,
and lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (c)
is certified by the department of early learning licensor as
providing a safe passenger loading area; (d) include signage,
if any, that conforms to applicable regulations; and (e) limit
hours of operations to facilitate neighborhood compatibility,
while also providing appropriate opportunity for persons who
use family day-care and who work a nonstandard work shift.
(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property
35A.63.215
(2010 Ed.)
35A.63.250
owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and
the family day-care provider over licensing requirements, the
licensor may provide a forum to resolve the dispute.
(4) Nothing in this section shall be construed to prohibit
a city from imposing zoning conditions on the establishment
and maintenance of a family day-care provider’s home in an
area zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed on
other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this
section, "family day-care provider" is as defined in RCW
43.215.010. [2007 c 17 § 11; 2003 c 286 § 4; 1995 c 49 § 2;
1994 c 273 § 16.]
35A.63.220 Moratoria, interim zoning controls—
Public hearing—Limitation on length. A legislative body
that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or
interim zoning ordinance, shall hold a public hearing on the
adopted moratorium or interim zoning ordinance within at
least sixty days of its adoption, whether or not the legislative
body received a recommendation on the matter from the
planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the
legislative body shall do so immediately after this public
hearing. A moratorium or interim zoning ordinance adopted
under this section may be effective for not longer than six
months, but may be effective for up to one year if a work plan
is developed for related studies providing for such a longer
period. A moratorium of [or] interim zoning ordinance may
be renewed for one or more six-month periods if a subsequent
public hearing is held and findings of fact are made prior to
each renewal. [1992 c 207 § 3.]
35A.63.220
35A.63.230 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
this chapter shall comply with RCW 43.63A.215(3). [1993 c
478 § 9.]
35A.63.230
35A.63.240 Treatment of residential structures occupied by persons with handicaps. No city may enact or
maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice
which treats a residential structure occupied by persons with
handicaps differently than a similar residential structure
occupied by a family or other unrelated individuals. As used
in this section, "handicaps" are as defined in the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[1993 c 478 § 21.]
35A.63.240
35A.63.250 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement project meeting the criteria of *RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of *RCW 77.55.290. [2003 c 39 § 17; 1998 c
249 § 6; 1995 c 378 § 9.]
35A.63.250
[Title 35A RCW—page 71]
35A.63.260
Title 35A RCW: Optional Municipal Code
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
procedures therein prescribed and subject to any limitations
therein provided. [1967 ex.s. c 119 § 35A.64.200.]
Chapter 35A.65
35A.63.260 Planning regulations—Copies provided
to county assessor. By July 31, 1997, a code city planning
under RCW 36.70A.040 shall provide to the county assessor
a copy of the code city’s comprehensive plan and development regulations in effect on July 1st of that year and shall
thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following
year. [1996 c 254 § 4.]
35A.63.260
35A.63.270 General aviation airports. Adoption and
amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 § 4.]
35A.63.270
35A.63.280 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special
use permit application under this chapter that is requested by
a party that is licensed or certified by the department of social
and health services or the department of corrections is subject
to mediation under RCW 35.63.260 before an appeal may be
filed. [1998 c 119 § 2.]
35A.63.280
Chapter 35A.64 RCW
PUBLIC PROPERTY, REAL AND PERSONAL
Chapter 35A.64
Sections
35A.64.010
35A.64.020
35A.64.180
35A.64.200
Acquisition of by conditional sales contracts.
Purchase of products made by blind.
Disinfection of property.
Eminent domain by cities.
35A.64.010 Acquisition of by conditional sales contracts. A code city may exercise the powers relating to
acquisition of real or personal property under executory conditional sales contracts as authorized by RCW 39.30.010.
[1967 ex.s. c 119 § 35A.64.010.]
35A.64.010
35A.64.020 Purchase of products made by blind. A
code city may exercise the powers relating to the acquisition
of products made by the blind as authorized by RCW
19.06.020. [1967 ex.s. c 119 § 35A.64.020.]
35A.64.020
35A.64.180 Disinfection of property. Every code city
shall disinfect or destroy all infected trees or shrubs growing
upon public property within the city’s jurisdiction and may
expend city funds in carrying out the provisions of this section, and shall otherwise be governed by the provisions of
chapter 15.08 RCW relating to horticultural pests and diseases. [1967 ex.s. c 119 § 35A.64.180.]
35A.64.180
35A.64.200 Eminent domain by cities. A code city
may exercise all powers relating to eminent domain as authorized by chapters 8.12 and 8.28 RCW in accordance with the
35A.64.200
[Title 35A RCW—page 72]
Chapter 35A.65 RCW
PUBLICATION AND PRINTING
Sections
35A.65.010 Public printing.
35A.65.020 Publication of legal notice.
35A.65.010 Public printing. All printing, binding and
stationery work done for any code city shall be done within
the state and all proposals, requests and invitations to submit
bids, prices or contracts thereon and all contracts for such
work shall so stipulate subject to the limitations contained in
RCW 43.78.130 and 35.23.352. [1967 ex.s. c 119 §
35A.65.010.]
35A.65.010
35A.65.020 Publication of legal notice. The publication of a legal notice required by general law or by a code city
ordinance shall be in a newspaper of general circulation
within the city having the qualifications prescribed by chapter 65.16 RCW and shall be governed by the provisions
thereof as the same relate to a city of any class. [1967 ex.s. c
119 § 35A.65.020.]
35A.65.020
Chapter 35A.66
Chapter 35A.66 RCW
HEALTH AND SAFETY—ALCOHOL
Sections
35A.66.010 Alcoholism—Standards for institutions.
35A.66.020 Liquors, local option on sale of—Enforcement of state laws,
sharing proceeds of liquor profits and excise tax.
35A.66.010 Alcoholism—Standards for institutions.
In addition to regulating the use of alcoholic beverages, a
code city may exercise the powers relating to prescribing
standards for institutions for treating alcoholism as authorized by RCW 71.12.550. [1967 ex.s. c 119 § 35A.66.010.]
35A.66.010
35A.66.020 Liquors, local option on sale of—
Enforcement of state laws, sharing proceeds of liquor
profits and excise tax. The qualified electors of any code
city may petition for an election upon the question of whether
the sale of liquor shall be permitted within the boundaries of
such city as provided by chapter 66.40 RCW, and shall be
governed by the procedure therein, and may regulate music,
dancing and entertainment as authorized by RCW 66.28.080:
PROVIDED, That every code city shall enforce state laws
relating to the investigation and prosecution of all violations
of Title 66 RCW relating to control of alcoholic beverages
and shall be entitled to retain the fines collected therefrom as
therein provided. Every code city shall also share in the allocation and distribution of liquor profits and excise as provided in RCW 82.08.170, 66.08.190, and 66.08.210, and
make reports of seizure as required by RCW 66.32.090, and
otherwise regulate by ordinances not in conflict with state
law or liquor board regulations. [1967 ex.s. c 119 §
35A.66.020.]
35A.66.020
State liquor control board: Chapter 66.08 RCW.
(2010 Ed.)
Recreation and Parks
Chapter 35A.67
Chapter 35A.67 RCW
RECREATION AND PARKS
Sections
35A.67.010 Parks, beaches and camps.
35A.67.010 Parks, beaches and camps. In addition to
exercising all powers relating to the acquisition of land, the
improvement and operation thereof, or cooperation with
other taxing districts in connection with park or recreation
facilities, any code city may exercise the powers relating to
acquisition and operation of recreational facilities, establishment and operation of public camps, and contracting with
other taxing or governmental agencies for the acquisition or
operation of public parks, camps and recreational facilities as
authorized by chapter 67.20 RCW, in accordance with the
procedures prescribed in and authorized by *RCW 79.08.080
and 79.08.090 in the application for use of state-owned tide
or shorelands for a municipal park or playground purposes.
[1967 ex.s. c 119 § 35A.67.010.]
35A.67.010
*Reviser’s note: RCW 79.08.080 and 79.08.090 were recodified as
RCW 79.94.175 and 79.94.181 pursuant to 2003 c 334 § 570. RCW
79.94.175 and 79.94.181 were subsequently recodified as RCW 79.125.710
and 79.125.720 pursuant to 2005 c 155 § 1008.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by cities: RCW 64.04.130.
Chapter 35A.68
Chapter 35A.68 RCW
CEMETERIES AND MORGUES
Sections
35A.68.010 Acquisition—Care and investment of funds.
35A.68.010 Acquisition—Care and investment of
funds. A code city may exercise the powers to acquire, own,
improve, manage, operate and regulate real and personal
property for the operation of the city morgue, cemetery or
other place for the burial of the dead, to create cemetery
boards or commissions, to establish and manage funds for
cemetery improvement and care and to make all necessary or
desirable rules and regulations concerning the control and
management of burial places and the investment of funds
relating thereto and accounting therefor as is authorized by
chapter 68.52 RCW, RCW 35.22.280, 35.23.440, *35.24.300
and 35.27.370(2) in accordance with the procedures and
requirements prescribed by said laws and authority to be
included within a cemetery district as authorized and conformed to the requirements of Title 68 RCW. [1987 c 331 §
80; 1967 ex.s. c 119 § 35A.68.010.]
35A.68.010
*Reviser’s note: RCW 35.24.300 was recodified as RCW 35.23.452
pursuant to 1994 c 81 § 90.
Additional notes found at www.leg.wa.gov
Chapter 35A.69
Chapter 35A.69 RCW
FOOD AND DRUG
Sections
35A.69.010 Powers and duties prescribed.
35A.69.010 Powers and duties prescribed. Every
code city shall have the powers, perform the functions and
35A.70.050
duties and enforce the regulations prescribed by general laws
relating to food and drugs for any class of city as provided by
Title 69 RCW; relating to water pollution control as provided
by chapter 90.48 RCW; and relating to food fish and shellfish
as provided by Title 77 RCW. [2003 c 39 § 18; 1999 c 291 §
31; 1994 c 143 § 512. Prior: 1983 1st ex.s. c 46 § 177; 1983
c 3 § 71; 1967 ex.s. c 119 § 35A.69.010.]
Chapter 35A.70
Chapter 35A.70 RCW
HEALTH AND SAFETY
Sections
35A.70.010
35A.70.020
35A.70.040
35A.70.050
35A.70.060
35A.70.070
Waters within city—City’s water supply.
Regulating boarding homes.
Buildings, construction standards.
City electrical code—State safety regulations.
Elevators, moving walks.
Public health and safety, general laws applicable.
35A.70.010 Waters within city—City’s water supply.
Every code city shall have authority to protect waters within
the city or comprising part of the city’s water supply pursuant
to the authority provided therefor by RCW 9.66.050,
54.16.050, 69.30.130, *57.08.010, 8.12.030, 70.54.010 and
70.54.030. [1996 c 230 § 1606; 1967 ex.s. c 119 §
35A.70.010.]
35A.70.010
*Reviser’s note: RCW 57.08.010 was repealed by 1996 c 230 § 1703,
effective July 1, 1997. For later enactment, see RCW 57.08.005.
Additional notes found at www.leg.wa.gov
35A.70.020 Regulating boarding homes. A code city
may exercise the powers relating to enforcement of regulations for boarding homes as authorized by *RCW 18.20.100,
in accordance with the procedures therein prescribed and
subject to any limitations therein provided. [1967 ex.s. c 119
§ 35A.70.020.]
35A.70.020
*Reviser’s note: RCW 18.20.100 was repealed by 2000 c 47 § 10,
effective July 1, 2000.
35A.70.040 Buildings, construction standards. In
addition to other provisions of the law granting authority and
imposing duties, a code city may exercise the powers relating
to providing standards for the construction of buildings as
provided in chapter 70.86 RCW and shall report the issuance
of building permits for new construction as required by
*RCW 36.21.040 through 36.21.060. [1967 ex.s. c 119 §
35A.70.040.]
35A.70.040
*Reviser’s note: RCW 36.21.040 through 36.21.060 were repealed by
1989 c 246 § 8.
35A.70.050 City electrical code—State safety regulations. Every code city may adopt ordinances regulating or
otherwise controlling the installation of electrical wiring,
equipment, apparatus or appliances as authorized by *RCW
19.28.360 and by other general law and shall obey, observe
and comply with every order, approval, direction or requirement made by the director or the commission under authority
of chapter 19.29 RCW. [1967 ex.s. c 119 § 35A.70.050.]
35A.70.050
35A.69.010
(2010 Ed.)
*Reviser’s note: RCW 19.28.360 was recodified as RCW 19.28.141
pursuant to 2000 c 238 § 102.
[Title 35A RCW—page 73]
35A.70.060
Title 35A RCW: Optional Municipal Code
35A.70.060
35A.70.060 Elevators, moving walks. All conveyances owned or operated by code cities as defined by the provisions of chapter 70.87 RCW, shall be subject to the provisions of that chapter to the extent specifically provided for
therein. [1967 ex.s. c 119 § 35A.70.060.]
Chapter 35A.79 RCW
PROPERTY AND MATERIALS
Sections
35A.79.010 Powers to acquire, use and manage.
35A.79.020 Authority to transfer real property.
35A.79.010 Powers to acquire, use and manage. A
code city shall have all powers provided by general law to cities of any class relating to the receipt of donations of money
and property, the acquisition, leasing and disposition of
municipal property, both real and personal, including, but not
limited to, the following: (1) Intergovernmental leasing,
transfer or disposition of property as provided by chapter
39.33 RCW; (2) disposition of unclaimed property as provided by chapters 63.32 and 63.21 RCW; (3) disposition of
local improvement district foreclosures as provided by chapter 35.53 RCW; (4) materials removed from public lands as
provided by *RCW 79.90.150; (5) purchase of federal surplus property as provided by chapter 39.32 RCW; and (6)
land for recreation as provided by **chapter 43.99 RCW. A
code city in connection with the acquisition of property shall
be subject to provisions relating to tax liens as provided by
RCW 84.60.050 and 84.60.070. The general law relating to
the damage or destruction of public property of a code city or
interferences with the duties of a police or other officer shall
relate to code city’s properties and officers to the same extent
as such laws apply to any class of city, its property or officers.
[1983 c 3 § 72; 1979 ex.s. c 30 § 3; 1967 ex.s. c 119 §
35A.79.010.]
35A.79.010
35A.70.070
35A.70.070 Public health and safety, general laws
applicable. Every code city may exercise the powers authorized and shall perform the duties imposed upon cities of like
population relating to the public health and safety as provided
by Title 70 RCW and, without limiting the generality of the
foregoing, shall: (1) Organize boards of health and appoint a
health officer with the authority, duties and functions as provided in chapter 70.05 RCW, or provide for combined citycounty health departments as provided and in accordance
with the provisions of chapter 70.08 RCW; (2) contribute and
participate in public health pooling funds as authorized by
chapter 70.12 RCW; (3) control and provide for treatment of
*venereal diseases as authorized by chapter 70.24 RCW; (4)
provide for the care and control of tuberculosis as provided in
chapters 70.28, 70.30, **70.32, and 70.54 RCW; (5) participate in health districts as authorized by chapter 70.46 RCW;
(6) exercise control over water pollution as provided in chapter 35.88 RCW; (7) for all code cities having a population of
more than twenty thousand serve as a primary district for registration of vital statistics in accordance with the provisions
of chapter 70.58 RCW; (8) observe and enforce the provisions relating to fireworks as provided in chapter 70.77
RCW; (9) enforce the provisions relating to swimming pools
provided in chapter 70.90 RCW; (10) enforce the provisions
of chapter 18.20 RCW when applicable; (11) perform the
functions relating to mentally ill prescribed in chapters 72.06
and 71.12 RCW; (12) cooperate with the state department of
social and health services in mosquito control as authorized
by RCW 70.22.060; and (13) inspect nursing homes as authorized by RCW 18.51.145. [1987 c 223 § 4; 1985 c 213 § 12;
1981 1st ex.s. c 2 § 25; 1979 c 141 § 42; 1967 ex.s. c 119 §
35A.70.070.]
Reviser’s note: *(1) The term "venereal diseases" was changed to "sexually transmitted diseases" by 1988 c 206.
**(2) Chapter 70.32 RCW was repealed and/or recodified in its
entirety pursuant to 1999 c 172.
Additional notes found at www.leg.wa.gov
Chapter 35A.74
Chapter 35A.79
Chapter 35A.74 RCW
WELFARE
Sections
35A.74.010 General law applicable.
Reviser’s note: *(1) RCW 79.90.150 was recodified as RCW
79.140.110 pursuant to 2005 c 155 § 1011.
**(2) Chapter 43.99 RCW was recodified as chapter 79A.25 RCW pursuant to 1999 c 249 § 1601.
35A.79.020 Authority to transfer real property.
Code cities are authorized to transfer real property pursuant
to RCW 43.99C.070 and 43.83D.120. [2006 c 35 § 11.]
35A.79.020
Findings—2006 c 35: See note following RCW 43.99C.070.
Chapter 35A.80
Chapter 35A.80 RCW
PUBLIC UTILITIES
Sections
35A.80.010 General laws applicable.
35A.80.020 Electric energy.
35A.80.030 Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
35A.80.040 Code cities encouraged to provide utility customers with landscaping information and to request voluntary donations for
urban forestry.
35A.80.050 Purchase of electric power and energy from joint operating
agency.
35A.80.010 General laws applicable. A code city may
provide utility service within and without its limits and exercise all powers to the extent authorized by general law for any
class of city or town. The cost of such improvements may be
financed by procedures provided for financing local improvement districts in chapters 35.43 through 35.54 RCW and by
revenue and refunding bonds as authorized by chapters
35.41, 35.67 and 35.89 RCW and Title 85 RCW. A code city
may protect and operate utility services as authorized by
35A.80.010
35A.74.010
35A.74.010 General law applicable. Code cities may
exercise authority granted by general law and available to any
class of city for the relief of the poor and destitute, including,
but not limited to the provisions of *RCW 74.04.390 through
74.04.470. [1967 ex.s. c 119 § 35A.74.010.]
*Reviser’s note: RCW 74.04.390 through 74.04.470 were repealed by
1991 c 126 § 11.
[Title 35A RCW—page 74]
(2010 Ed.)
Public Transportation
chapters 35.88, 35.91, 35.92, and 35.94 RCW and may
acquire and damage property in connection therewith as provided by chapter 8.12 RCW and shall be governed by the regulations of the department of ecology as provided in RCW
90.48.110. [1988 c 127 § 2; 1967 ex.s. c 119 § 35A.80.010.]
35A.80.020 Electric energy. Any code city is authorized to enter into contracts or compacts with any commission or any operating agency or publicly or privately owned
utility for the purchase and sale of electric energy or falling
waters as provided in RCW 43.52.410 and chapter 35.84
RCW and to exercise any other authority granted to cities as
provided in chapter 43.52 RCW. [1967 ex.s. c 119 §
35A.80.020.]
35A.82.020
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the
contract or other instrument. [2003 c 138 § 7.]
35A.80.020
35A.80.030 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35A.80.030
35A.80.040 Code cities encouraged to provide utility
customers with landscaping information and to request
voluntary donations for urban forestry. (1) Code cities
providing utility services under this chapter are encouraged
to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
(2)(a) Code cities providing utility services under this
chapter are encouraged to request voluntary donations from
their customers for the purposes of urban forestry. The
request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
(b) Voluntary donations collected by code cities under
this section may be used by the code city to:
(i) Support the development and implementation of evergreen community ordinances, as that term is defined in RCW
35.105.010, for cities, towns, or counties within their service
areas; or
(ii) Complete projects consistent with the model evergreen community management plans and ordinances developed under RCW 35.105.050.
(c) Donations received under this section do not contribute to the gross income of a light and power business or gas
distribution business under chapter 82.16 RCW. [2008 c 299
§ 20; 1993 c 204 § 3.]
35A.80.040
Short title—2008 c 299: See note following RCW 35.105.010.
Findings—1993 c 204: See note following RCW 35.92.390.
35A.80.050 Purchase of electric power and energy
from joint operating agency. A code city may contract to
purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the code city must
make the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
35A.80.050
(2010 Ed.)
Chapter 35A.81
Chapter 35A.81 RCW
PUBLIC TRANSPORTATION
Sections
35A.81.010 Application of general law.
35A.81.010 Application of general law. Motor vehicles owned and operated by any code city shall be exempt
from the provisions of chapter 81.80 RCW, except where
specifically otherwise provided. Urban passenger transportation systems shall receive a refund of the amount of the motor
vehicle fuel tax paid on each gallon of motor vehicle fuel
used in such systems to the extent authorized by chapter
82.36 RCW. Notwithstanding any provision of the law to the
contrary, every urban passenger transportation system as
defined in RCW 82.38.080 shall be exempt from the provisions of chapter 82.38 RCW which requires the payment of
use fuel taxes. [1983 c 3 § 73; 1967 ex.s. c 119 §
35A.81.010.]
35A.81.010
Chapter 35A.82
Chapter 35A.82 RCW
TAXATION—EXCISES
Sections
35A.82.010
35A.82.020
35A.82.025
35A.82.030
35A.82.040
35A.82.042
35A.82.050
35A.82.055
35A.82.060
35A.82.065
35A.82.070
State shared excises.
Licenses and permits—Excises for regulation.
Authority to regulate massage practitioners—Limitations.
City and county retail sales excise tax and use tax.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be at
a single uniform rate.
License fees or taxes upon certain business activities to be at
single uniform rate.
License fees or taxes on telephone business to be at uniform
rate.
License fees or taxes on telephone business—Imposition on
certain gross revenues authorized—Limitations.
Taxes on network telephone services.
Taxes on telephone business—Deferral of rate reduction.
35A.82.010 State shared excises. A code city shall collect, receive and share in the distribution of state collected
and distributed excise taxes to the same extent and manner as
general laws relating thereto apply to any class of city or
town including, but not limited to, funds distributed to cities
under RCW 82.36.020 relating to motor vehicle fuel tax,
RCW 82.38.290 relating to use fuel tax, and RCW 82.36.275
and 82.38.080(3). [1998 c 176 § 2; 1995 c 274 § 4; 1985 c 7
§ 102; 1983 c 3 § 74; 1967 ex.s. c 119 § 35A.82.010.]
35A.82.010
Rules—Findings—Effective date—1998 c 176: See RCW 82.36.800,
82.36.900, and 82.36.901.
35A.82.020 Licenses and permits—Excises for regulation. A code city may exercise the authority authorized by
general law for any class of city to license and revoke the
same for cause, to regulate, make inspections and to impose
excises for regulation or revenue in regard to all places and
35A.82.020
[Title 35A RCW—page 75]
35A.82.025
Title 35A RCW: Optional Municipal Code
kinds of business, production, commerce, entertainment,
exhibition, and upon all occupations, trades and professions
and any other lawful activity: PROVIDED, That no license
or permit to engage in any such activity or place shall be
granted to any who shall not first comply with the general
laws of the state.
No such license shall be granted to continue for longer
than a period of one year from the date thereof and no license
or excise shall be required where the same shall have been
preempted by the state, nor where exempted by the state,
including, but not limited to, the provisions of RCW
36.71.090 and chapter 73.04 RCW relating to veterans.
[1967 ex.s. c 119 § 35A.82.020.]
35A.82.025 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitioner seeking a city license to operate a massage business must
provide verification of his or her state massage license as provided for in RCW 18.108.030.
(2) The city may charge a licensing or operating fee, but
the fee charged a state licensed massage practitioner shall not
exceed the licensing or operating fee imposed on similar
health care providers, such as physical therapists or occupational therapists, operating within the same city.
(3) A state licensed massage practitioner is not subject to
additional licensing requirements not currently imposed on
similar health care providers, such as physical therapists or
occupational therapists. [1991 c 182 § 2.]
35A.82.025
Reviser’s note: 1991 c 182 directed that this section be added to chapter 35A.11 RCW. This section has been codified as a part of chapter 35A.82
RCW, which relates more directly to code city licensing authority.
35A.82.030 City and county retail sales excise tax
and use tax. See chapter 82.14 RCW.
35A.82.030
35A.82.040 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35A.82.040
35A.82.042 City license fees or taxes on certain business activities to be at a single uniform rate. See RCW
35.21.710.
35A.82.042
35A.82.050 License fees or taxes upon certain business activities to be at single uniform rate. Any code city
which imposes a license fee or tax upon business activities
consisting of the making of retail sales of tangible personal
property which are measured by gross receipts or gross
income from such sales, shall impose such tax at a single uniform rate upon all such business activities. This section shall
not apply to any business activities subject to the tax imposed
by chapter 82.16 RCW. For purposes of this section, the providing to consumers of competitive telephone service, as
defined in RCW 82.04.065, or the providing of payphone service as defined in RCW 35.21.710, shall be subject to tax at
the same rate as business activities consisting of the making
of retail sales of tangible personal property. [2002 c 179 § 3;
1983 2nd ex.s. c 3 § 34; 1981 c 144 § 7; 1972 ex.s. c 134 § 7.]
35A.82.050
Effective date—2002 c 179: See note following RCW 35.21.710.
Additional notes found at www.leg.wa.gov
35A.82.055 License fees or taxes on telephone business to be at uniform rate. Any code city which imposes a
license fee or tax upon the business activity of engaging in
the telephone business, as defined in RCW 82.16.010, which
is measured by gross receipts or gross income from the business shall impose the tax at a uniform rate on all persons
engaged in the telephone business in the code city.
This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065 or to the
providing of payphone service as defined in RCW 35.21.710.
[2007 c 6 § 1012; 2002 c 179 § 4; 1983 2nd ex.s. c 3 § 36;
1981 c 144 § 9.]
35A.82.055
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Effective date—2002 c 179: See note following RCW 35.21.710.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
Additional notes found at www.leg.wa.gov
35A.82.060 License fees or taxes on telephone business—Imposition on certain gross revenues authorized—
Limitations. (1) Any code city which imposes a license fee
or tax upon the business activity of engaging in the telephone
business which is measured by gross receipts or gross income
may impose the fee or tax, if it desires, on one hundred percent of the total gross revenue derived from intrastate toll
telephone services subject to the fee or tax: PROVIDED,
That the city shall not impose the fee or tax on that portion of
network telephone service which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services, or charges for
network telephone service that is purchased for the purpose
of resale, or charges for mobile telecommunications services
provided to customers whose place of primary use is not
within the city.
(2) Any city that imposes a license tax or fee under subsection (1) of this section has the authority, rights, and obligations of a taxing jurisdiction as provided in RCW
82.32.490 through 82.32.510.
(3) The definitions in RCW 82.04.065 and 82.16.010
apply to this section. [2007 c 6 § 1014; 2007 c 6 § 1013; 2002
c 67 § 10; 1989 c 103 § 3; 1986 c 70 § 4; 1983 2nd ex.s. c 3 §
38; 1981 c 144 § 11.]
35A.82.060
Contingent effective date—2007 c 6 §§ 1003, 1006, 1014, and 1018:
See note following RCW 82.04.065.
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Finding—Effective date—2002 c 67: See notes following RCW
82.04.530.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
Additional notes found at www.leg.wa.gov
35A.82.065 Taxes on network telephone services.
Notwithstanding RCW 35.21.714 or 35A.82.060, any city or
35A.82.065
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
[Title 35A RCW—page 76]
(2010 Ed.)
Taxation—Property
town which imposes a tax upon business activities measured
by gross receipts or gross income from sales, may impose
such tax on that portion of network telephone service, as
defined in RCW 82.16.010, which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll services, or charges
for network telephone service that is purchased for the purpose of resale. Such tax shall be levied at the same rate as is
applicable to other competitive telephone service as defined
in RCW 82.04.065. [2007 c 6 § 1015; 1989 c 103 § 4; 1986
c 70 § 5.]
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Additional notes found at www.leg.wa.gov
35A.82.070 Taxes on telephone business—Deferral
of rate reduction. A city or town required by RCW
35.21.870(2) to reduce its rate of taxation on telephone business may defer for one year the required reduction in rates for
the year 1987. If the delay in rate reductions authorized by the
preceding sentence is inadequate for a code city to offset the
impact of revenue reductions arising from the removal of revenues from connecting fees, switching charges, or carrier
access charges under the provisions of RCW 35A.82.060,
then the legislative body of such code city may reimpose for
1987 the rates that such code city had in effect upon telephone business during 1985. In each succeeding year, the city
or town shall reduce the rate by one-tenth of the difference
between the tax rate on April 20, 1982, and six percent.
[1986 c 70 § 6.]
35A.82.070
Chapter 35A.84
Chapter 35A.84 RCW
TAXATION—PROPERTY
Sections
35A.84.010 Procedure and rules relating to ad valorem taxes.
35A.84.020 Assessment for and collection of ad valorem taxes.
35A.84.030 Ex officio collector of code city taxes.
35A.88.030
the lien of taxes and the priority thereof; (14) chapter 84.69
RCW, relating to refunds and claims therefor against the code
city; and (15) RCW 41.16.060, relating to taxation for **firemen’s pension fund. [1967 ex.s. c 119 § 35A.84.010.]
Reviser’s note: *(1) Chapter 84.24 RCW was repealed by 1994 c 124
§ 42.
**(2) The "firemen’s pension fund" was changed to the "firefighters’
pension fund" by 2007 c 218 § 22.
35A.84.020 Assessment for and collection of ad valorem taxes. For the purpose of assessment of all property in
all code cities, other than code cities having a population of
more than twenty thousand inhabitants, the county assessor
of the county wherein such code city is situated shall be the
ex officio assessor, and as to the code cities having a population of more than twenty thousand inhabitants such county
assessor shall perform the duties as provided in *RCW
36.21.020. [1967 ex.s. c 119 § 35A.84.020.]
35A.84.020
*Reviser’s note: RCW 36.21.020 was repealed by 1994 c 301 § 57.
35A.84.030 Ex officio collector of code city taxes. The
treasurer of the county wherein a code city is situated shall be
the ex officio collector of such code city’s taxes and give
bond, and account for the city’s funds as provided in chapter
36.29 RCW. [1967 ex.s. c 119 § 35A.84.030.]
35A.84.030
Chapter 35A.88
Chapter 35A.88 RCW
HARBORS AND NAVIGATION
Sections
35A.88.010 Discharge of ballast.
35A.88.020 Wharves and landings.
35A.88.030 General laws applicable.
35A.88.010 Discharge of ballast. A code city may
exercise the powers relating to regulation of discharge of ballast in harbors within or in front of such city as authorized by
RCW 88.28.060. [1967 ex.s. c 119 § 35A.88.010.]
35A.88.010
35A.88.020 Wharves and landings. A code city shall
have and exercise all powers granted by general laws to cities
and towns of any class relative to docks and other appurtenances to harbor and shipping, including but not limited to,
the provisions of RCW 35.22.280, 35.23.440, *35.24.290,
and 88.24.030. [1967 ex.s. c 119 § 35A.88.020.]
35A.88.020
35A.84.010 Procedure and rules relating to ad valorem taxes. The taxation of property in code cities shall be
governed by general provisions of the law including, but not
limited to, the provisions of: (1) Chapter 84.09 RCW, relating to the time for establishment of official boundaries of taxing districts on the first day of March of each year; (2) chapter
84.12 RCW relating to the assessment and taxation of public
utilities; (3) chapter 84.16 RCW, relating to the apportionment of taxation on private car companies; (4) chapter 84.20
RCW, relating to the taxation of easements of public utilities;
(5) *chapter 84.24 RCW, relating to the reassessment of
property; (6) chapter 84.36 RCW, relating to property subject
to taxation and exemption therefrom; (7) chapter 84.40 RCW
relating to the listing of property for assessment; (8) chapter
84.41 RCW, relating to reevaluation of property; (9) chapter
84.44 RCW, relating to the taxable situs of personalty; (10)
chapter 84.48 RCW, relating to the equalization of assessments; (11) chapter 84.52 RCW, relating to the levy of taxes,
both regular and excess; (12) chapter 84.56 RCW, relating to
the collection of taxes; (13) chapter 84.60 RCW, relating to
35A.84.010
(2010 Ed.)
*Reviser’s note: RCW 35.24.290 was repealed by 1994 c 81 § 89.
35A.88.030 General laws applicable. General laws
relating to harbor areas within cities, including but not limited to, chapter 36.08 RCW relating to transfer of territory
lying in two or more counties; *RCW 79.92.110 relating to
disposition of rental from leasehold in the harbor areas; and
RCW 88.32.240 and 88.32.250 relating to joint planning by
cities and counties shall apply to, benefit and obligate code
cities to the same extent as such general laws apply to any
class of city. [1985 c 7 § 103; 1983 c 3 § 75; 1967 ex.s. c 119
§ 35A.88.030.]
35A.88.030
*Reviser’s note: RCW 79.92.110 was recodified as RCW 79.115.150
pursuant to 2005 c 155 § 1006.
[Title 35A RCW—page 77]
Chapter 35A.90
Chapter 35A.90
Title 35A RCW: Optional Municipal Code
Chapter 35A.90 RCW
CONSTRUCTION
Sections
35A.90.010 Becoming code city—Rights, actions saved—Continuation of
ordinances.
35A.90.020 Invalidity of part of title not to affect remainder.
35A.90.030 Title, chapter, section headings not part of law.
35A.90.040 Effective date—1967 ex.s. c 119.
35A.90.050 Severability—1971 ex.s. c 251.
35A.90.010 Becoming code city—Rights, actions
saved—Continuation of ordinances. Unless otherwise provided by this title, the election by a city or town to become a
code city and to be governed by this title shall not affect any
right or liability either in favor of or against such city or town
existing at the time, nor any civil or criminal proceeding
involving or relating to such city or town; and all rights and
property of every description which were vested in such city
or town immediately prior to becoming a code city shall continue to be vested in such code city; and all charter provisions, ordinances, resolutions, rules, regulations, or orders
lawfully in force in such city or town at the time of becoming
a code city, and not inconsistent with or repugnant to this
title, shall continue in force in such code city until amended
or repealed as provided by law. [1967 ex.s. c 119 §
35A.90.010.]
35A.90.010
35A.90.020 Invalidity of part of title not to affect
remainder. If any provision, section, or chapter of this title
or its application to any person or circumstance is held
invalid, the remainder of the provision, section, chapter, or
title, or the application thereof to other persons or circumstances is not affected. [1967 ex.s. c 119 § 35A.90.020.]
35A.90.020
35A.90.030 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or subsection headings, as used in this title, do not constitute any
part of the law. [1967 ex.s. c 119 § 35A.90.030.]
35A.90.030
35A.90.040 Effective date—1967 ex.s. c 119. The
effective date of this act shall be July 1, 1969. [1967 ex.s. c
119 § 35A.90.040.]
35A.90.040
35A.90.050 Severability—1971 ex.s. c 251. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 251 § 17.]
35A.90.050
Chapter 35A.92
Chapter 35A.92 RCW
FIRE DEPARTMENTS—
PERFORMANCE MEASURES
Sections
35A.92.010
35A.92.020
35A.92.030
35A.92.040
35A.92.050
35A.92.900
Intent.
Definitions.
Policy statement—Service delivery objectives.
Annual evaluations—Annual report.
Maintenance of response times in newly annexed areas—
Firefighter transfers.
Part headings not law—2005 c 376.
[Title 35A RCW—page 78]
35A.92.010 Intent. The legislature intends for code cities to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify
performance measures applicable to response time objectives
for certain major services. The legislature acknowledges the
efforts of the international city/county management association, the international association of fire chiefs, and the
national fire protection association for the organization and
deployment of resources for fire departments. The arrival of
first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate
fire suppression resources before flash-over is a critical event
during the mitigation of an emergency, and is in the public’s
best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the
organization and deployment of fire suppression operations,
emergency medical operations, and special operations by
substantially career fire departments. This chapter does not,
and is not intended to, in any way modify or limit the authority of code cities to set levels of service. [2005 c 376 § 201.]
35A.92.010
35A.92.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advanced life support" means functional provision
of advanced airway management, including intubation,
advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug
therapy.
(2) "Aircraft rescue and firefighting" means the firefighting actions taken to rescue persons and to control or extinguish fire involving or adjacent to aircraft on the ground.
(3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins
four to six minutes after cardiac arrest.
(4) "Code city" means a code city that provides fire protection services, which may include firefighting actions,
emergency medical services, and other special operations, in
a specified geographic area.
(5) "Fire department" means a code city fire department
responsible for firefighting actions, emergency medical services, and other special operations in a specified geographic
area. The department must be a substantially career fire
department, and not a substantially volunteer fire department.
(6) "Fire suppression" means the activities involved in
controlling and extinguishing fires.
(7) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator
capability.
(8) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room
burst into flame and the fire spreads rapidly.
(9) "Marine rescue and firefighting" means the firefighting actions taken to prevent, control, or extinguish fire
involved in or adjacent to a marine vessel and the rescue
actions for occupants using normal and emergency routes for
egress.
(10) "Response time" means the time immediately following the turnout time that begins when units are en route to
35A.92.020
(2010 Ed.)
Fire Departments—Performance Measures
35A.92.900
the emergency incident and ends when units arrive at the
scene.
(11) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
(12) "Turnout time" means the time beginning when
units receive notification of the emergency to the beginning
point of response time. [2005 c 376 § 202.]
(2) Beginning in 2007, every code city shall issue an
annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
(a) The annual report shall define the geographic areas
and circumstances in which the requirements of this standard
are not being met.
(b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are
necessary to achieve compliance. [2005 c 376 § 204.]
35A.92.030 Policy statement—Service delivery
objectives. (1) Every code city shall maintain a written statement or policy that establishes the following:
(a) The existence of a fire department;
(b) Services that the fire department is required to provide;
(c) The basic organizational structure of the fire department;
(d) The expected number of fire department employees;
and
(e) Functions that fire department employees are
expected to perform.
(2) Every code city shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service
components, if appropriate:
(a) Fire suppression;
(b) Emergency medical services;
(c) Special operations;
(d) Aircraft rescue and firefighting;
(e) Marine rescue and firefighting; and
(f) Wild land firefighting.
(3) Every code city, in order to measure the ability to
arrive and begin mitigation operations before the critical
events of brain death or flash-over, shall establish time objectives for the following measurements:
(a) Turnout time;
(b) Response time for the arrival of the first arriving
engine company at a fire suppression incident and response
time for the deployment of a full first alarm assignment at a
fire suppression incident;
(c) Response time for the arrival of a unit with first
responder or higher level capability at an emergency medical
incident; and
(d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
(4) Every code city shall also establish a performance
objective of not less than ninety percent for the achievement
of each response time objective established under subsection
(3) of this section. [2005 c 376 § 203.]
35A.92.050 Maintenance of response times in newly
annexed areas—Firefighter transfers. Code cities conducting annexations of all or part of fire protection districts
shall, at least through the budget cycle, or the following budget cycle if the annexation occurs in the last half of the current budget cycle, in which the annexation occurs, maintain
existing fire protection and emergency services response
times in the newly annexed areas consistent with response
times recorded prior to the annexation as defined in the previous annual report for the fire protection district and as
reported in RCW 52.33.040. If the code city is unable to
maintain these service levels in the newly annexed area, the
transfer of firefighters from the annexed fire protection district as a direct result of the annexation must occur as outlined
in RCW 35A.14.485. [2009 c 60 § 12.]
35A.92.030
35A.92.050
35A.92.900 Part headings not law—2005 c 376. See
RCW 35.103.900.
35A.92.900
35A.92.040 Annual evaluations—Annual report. (1)
Every code city shall evaluate its level of service and deployment delivery and response time objectives on an annual
basis. The evaluations shall be based on data relating to level
of service, deployment, and the achievement of each
response time objective in each geographic area within the
code city’s jurisdiction.
35A.92.040
(2010 Ed.)
[Title 35A RCW—page 79]
Title 36
Chapters
36.01
36.04
36.05
36.08
36.09
36.12
36.13
36.16
36.17
36.18
36.21
36.22
36.23
36.24
36.26
36.27
36.28
36.28A
36.29
36.32
36.33
36.33A
36.34
36.35
36.36
36.37
36.38
36.39
36.40
36.42
36.43
36.45
36.47
36.48
36.49
36.50
36.53
36.54
36.55
36.56
36.57
36.57A
36.58
36.58A
36.60
36.61
36.62
36.63
36.64
36.65
36.67
36.68
36.69
36.70
(2010 Ed.)
Title 36
COUNTIES
36.70A
General provisions.
County boundaries.
Actions to establish boundaries.
Transfer of territory where city’s harbor lies in
two counties.
New county—Liability for debts.
Removal of county seats.
Classification of counties.
County officers—General.
Salaries of county officers.
Fees of county officers.
County assessor.
County auditor.
County clerk.
County coroner.
Public defender.
Prosecuting attorney.
County sheriff.
Association of sheriffs and police chiefs.
County treasurer.
County commissioners.
County funds.
Equipment rental and revolving fund.
County property.
Tax title lands.
Aquifer protection areas.
Agricultural fairs and poultry shows.
Admissions tax.
Assistance and relief.
Budget.
Retail sales and use taxes.
Building codes and fire regulations.
Claims against counties.
Coordination of administrative programs.
Depositaries.
Dog license tax.
Farm and home extension work.
Ferries—Privately owned.
Ferries—County owned.
Franchises on roads and bridges.
Metropolitan municipal corporation functions,
etc.—Assumption by counties.
County public transportation authority.
Public transportation benefit areas.
Solid waste disposal.
Solid waste collection districts.
County rail districts.
Lake and beach management districts.
Hospitals.
Jails.
Joint governmental activities.
Combined city and county municipal corporations.
Limitation of indebtedness—County bonds.
Parks and recreational facilities.
Park and recreation districts.
Planning enabling act.
36.70B
36.70C
36.71
36.72
36.73
36.75
36.76
36.77
36.78
36.79
36.80
36.81
36.82
36.83
36.85
36.86
36.87
36.88
36.89
36.90
36.92
36.93
36.94
36.95
36.96
36.100
36.102
36.105
36.110
36.115
36.120
36.125
36.130
36.135
36.140
36.145
36.900
Growth management—Planning by selected
counties and cities.
Local project review.
Judicial review of land use decisions.
Peddlers’ and hawkers’ licenses.
Printing.
Transportation benefit districts.
Roads and bridges—General provisions.
Roads and bridges—Bonds.
Roads and bridges—Construction.
Roads and bridges—County road administration board.
Roads and bridges—Rural arterial program.
Roads and bridges—Engineer.
Roads and bridges—Establishment.
Roads and bridges—Funds—Budget.
Roads and bridges—Service districts.
Roads and bridges—Rights-of-way.
Roads and bridges—Standards.
Roads and bridges—Vacation.
County road improvement districts.
Highways—Open spaces—Parks—Other public facilities—Storm water control.
Southwest Washington fair.
County central services department.
Local governmental organization—Boundaries—Review boards.
Sewerage, water, and drainage systems.
Television reception improvement districts.
Dissolution of inactive special purpose districts.
Public facilities districts.
Stadium and exhibition centers.
Community councils for unincorporated areas
of island counties.
Jail industries program.
Service agreements.
Regional transportation investment districts.
Marine resources committees.
Affordable housing developments.
Local public works assistance funds.
Electricity generation from biomass energy.
Community facilities districts.
Construction.
Acquisition of
interests in land for conservation, protection, preservation, or open space
purposes by counties: RCW 64.04.130.
open space, land, or rights to future development by counties, cities, or
metropolitan municipal corporations, tax levy: RCW 84.34.200
through 84.34.240, 84.52.010.
Air pollution control advisory council: RCW 70.94.240.
Board of
adjustment
airport zoning: Chapter 14.12 RCW.
county planning: RCW 35.63.080.
equalization: Chapter 84.48 RCW.
law library trustees: Chapter 27.24 RCW.
library trustees: Chapter 27.12 RCW.
management of detention facilities (counties with populations of one million or more): Chapter 13.20 RCW.
[Title 36 RCW—page 1]
Chapter 36.01
Title 36 RCW: Counties
visitation under juvenile court act: RCW 13.04.180.
Camping resort contracts—Nonapplicability of certain laws to—Club not
subdivision except under city, county powers: RCW 19.105.510.
School districts—Agreements with other governmental entities for transportation of students or the public or for other noncommon school purposes—Limitations: RCW 28A.160.120.
Canvassing board
generally: Chapter 29A.60 RCW.
members: RCW 39.40.030.
Tourism promotion areas: Chapter 35.101 RCW.
Trade centers—Annual service fee—Distribution to counties: RCW
53.29.030.
Civil service commission (sheriff’s office): Chapter 41.14 RCW.
Transportation centers authorized: Chapter 81.75 RCW.
Community mental health services act: Chapter 71.24 RCW.
Unfit dwellings, buildings and structures: Chapter 35.80 RCW.
Community renewal, application: RCW 35.81.015.
Urban arterials, planning, funding, etc.: Chapter 47.26 RCW.
Community services—Local funds for: Chapter 71.20 RCW.
Validity of agreement to indemnify against liability for negligence relative to
construction or improvement of roads: RCW 4.24.115.
Counties may engage in probation and parole services: RCW 36.01.070.
Counting board (election): RCW 29A.44.450, 29A.44.460.
County and city tuberculosis hospital board of managers: Chapter 70.30
RCW.
Youth agencies, joint establishment: RCW 35.21.630.
Chapter 36.01
County committee on school district organization: Chapter 28A.315 RCW.
Credit card use by local governments: RCW 43.09.2855.
Crime-free rental housing: Chapter 35.106 RCW.
Designation as authority or regional authority auditor under Washington
Clean Air Act, duties: RCW 70.94.094.
District health board: Chapter 70.46 RCW.
Election board, precinct: Chapter 29A.44 RCW.
Ferry system tariffs and charges review commission: RCW 47.60.300.
Flood control zone district countywide advisory committee: RCW
86.15.070.
Gambling activities, counties as affecting: Chapter 9.46 RCW.
Game department lands, payments to counties in lieu of taxes: RCW
77.12.201.
Heating systems authorized: RCW 35.97.020.
Housing authority commission: Chapter 35.82 RCW.
Industrial development revenue bonds: Chapter 39.84 RCW.
Intercounty rural library district board of trustees: Chapter 27.12 RCW.
Joint operations by political subdivisions, deposit and control of funds:
RCW 43.09.285.
Sections
36.01.010
36.01.020
36.01.030
36.01.040
36.01.050
36.01.060
36.01.070
36.01.080
36.01.085
36.01.090
36.01.095
36.01.100
36.01.104
36.01.105
36.01.110
36.01.115
Labor relations consultants: RCW 43.09.230.
36.01.120
36.01.125
Legal aid committee: Chapter 2.50 RCW.
36.01.130
Local adopt-a-highway programs: RCW 47.40.105.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.140.110.
Mental health and retardation services—Interstate contracts by boundary
counties: RCW 71.28.010.
Multi-purpose community centers, counties may establish: Chapter 35.59
RCW.
Municipalities—Energy audits and efficiency: RCW 43.19.691.
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Planning commission: Chapter 35.63 RCW; chapter 36.70 RCW.
Pollution control—Municipal bonding authority: Chapter 70.95A RCW.
36.01.150
36.01.160
36.01.170
36.01.180
36.01.190
36.01.200
36.01.210
36.01.220
36.01.225
Precinct election board: Chapter 29A.44 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public buildings, provision to be made for use by aged and individuals with
disabilities: Chapter 70.92 RCW.
Public hospital district commission: Chapter 70.44 RCW.
36.01.230
36.01.240
36.01.250
36.01.260
36.01.270
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
36.01.280
Regional planning commission: RCW 35.63.070, 36.70.060.
Registration of contractor required before issuance of building permit:
RCW 18.27.110.
36.01.300
36.01.310
Reports, claims, etc., filing: RCW 1.12.070.
[Title 36 RCW—page 2]
Chapter 36.01 RCW
GENERAL PROVISIONS
36.01.290
Corporate powers.
Corporate name.
Powers—How exercised.
Conveyances for use of county.
Venue of actions by or against counties.
County liable for certain court costs.
Probation and parole services.
Parking facilities—Construction, operation and rental charges.
Economic development programs.
Tourist promotion.
Emergency medical services—Authorized—Fees.
Ambulance service authorized—Restriction.
Levy for emergency medical care and services.
Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial
and other assistance authorized.
Federal grants and programs—Powers and authority of counties to participate in—Public corporations, commissions or
authorities.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Foreign trade zones—Legislative finding, intent.
Foreign trade zones—Authority to apply for permission to
establish, operate and maintain.
Controls on rent for residential structures—Prohibited—
Exceptions.
Facilitating recovery from Mt. St. Helens eruption—Scope of
local government action.
Penalty for act constituting a crime under state law—Limitation.
Administration of trusts benefiting school districts.
Zoo and aquarium advisory authority—Constitution—Terms.
Initial meeting of zoo and aquarium advisory authority—
Expenditure of funds—Powers.
Federal funds designated for state schools—Use limited to
reduction of outstanding debt obligations of school districts.
Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
Mobile home, manufactured home, or park model moving or
installing—Copies of permits—Definitions.
Authority to regulate placement or use of homes—Regulation
of manufactured homes—Restrictions on location of manufactured/mobile homes and entry or removal of recreational
vehicles used as primary residences.
Cooperative watershed management.
Regulation of financial transactions—Limitations.
Environmental mitigation activities.
Evergreen community ordinances.
Contractors—Authority of county to verify registration and
report violations.
Community athletics programs—Sex discrimination prohibited.
Temporary encampments for the homeless—Hosting by religious organizations authorized—Prohibitions on local
actions.
State and federal background checks of license applicants and
licensees of occupations under local licensing authority.
Accessible community advisory committees.
Accounts of county, examination of: RCW 43.09.260.
(2010 Ed.)
General Provisions
Actions by and against
counties, limitations on: Chapter 4.16 RCW.
public corporations (counties): RCW 4.08.110, 4.08.120.
Aeronautics facilities of counties to be made available to department of
transportation: RCW 47.68.300.
Agricultural fairs, county participation: Chapter 15.76 RCW.
Aircraft excise tax, county exemption: RCW 82.48.100.
Airport zoning: Chapter 14.12 RCW.
Ambulance service for second-class cities, county may provide: RCW
35.23.456.
Armories, county may expend money for site: RCW 38.20.030.
Blind made products, services, county to procure when available: RCW
19.06.020.
Boarding homes, county administration, when: Chapter 18.20 RCW.
Chapter 36.01
diking, drainage or sewerage improvement assessments, as subject to:
RCW 85.08.500, 85.08.530.
diking and drainage intercounty districts assessments, as subject to: RCW
85.24.240.
diking district act, as subject to: RCW 85.05.080, 85.05.380, 85.05.390.
drainage district act, as subject to: RCW 85.06.350, 85.06.360.
eminent domain by cities of: Chapter 8.12 RCW.
eminent domain by public waterway districts of: Chapter 91.08 RCW.
flood control district assessments, as subject to: RCW 86.09.526,
86.09.529.
lease of for underground storage of natural gas: RCW 80.40.070.
pest district assessments, as subject to: RCW 17.12.080.
public waterway district assessments, as subject to: RCW 91.08.570,
91.08.575.
right of entry on given department of transportation: RCW 47.01.170.
rights-of-way over by diking districts: RCW 85.05.080.
subject to diking, drainage or sewerage improvement assessments, resale
of or lease of by county: RCW 85.08.500.
weed control district assessments, as subject to: RCW 17.04.180.
Bonds, county
as insurance investments: RCW 48.13.040.
election on, vote required: Chapter 39.40 RCW.
form, sale, payment, etc.: Chapter 39.44 RCW.
sale to federal government at private sale: Chapter 39.48 RCW.
validation of: Chapter 39.90 RCW.
County office, defined for public assistance purposes: RCW 74.04.005(3).
Bonds of corporation not to be owned: State Constitution Art. 8 § 7.
Bonds of federal agencies as county investment: Chapter 39.64 RCW.
Credit not to be loaned: State Constitution Art. 8 § 7.
Cemeteries
private regulation of by county: RCW 68.20.080.
public, and morgues, in counties: RCW 68.52.010, 68.52.020.
Cemeteries and burial, public, all counties: RCW 68.52.030.
Cemetery districts authorized for certain counties: Chapter 68.52 RCW.
Children and youth services, county participation: RCW 72.05.160.
Cities and towns
agreements with county for planning, construction, etc., of streets: Chapter 35.77 RCW.
community renewal, county participation: RCW 35.81.130.
county aid on street construction, etc.: RCW 47.24.050.
L.I.D. assessment lien, application on sale by county of tax lands: RCW
35.49.160.
property held by under L.I.D. assessment lien not subject to county taxes:
RCW 35.53.010.
Cities may support county in which city-owned utility plant located: RCW
35.21.420 through 35.21.427.
Civil service
for sheriff’s office: Chapter 41.14 RCW.
status retained when on emergency service work: RCW 38.52.140.
Closed burning seasons in counties: RCW 76.04.205.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
Combined city-county health departments: Chapter 70.08 RCW.
Community centers, counties may establish: Chapter 35.59 RCW.
Community work and training programs, county participation in: Chapter
74.04 RCW.
Contractors, regulation of, inapplicable to counties: RCW 18.27.090.
Contracts
contractor’s bond on: Chapter 39.08 RCW.
county may perform work or services for department of transportation:
RCW 47.01.210.
executory conditional sales, for purchase of property for park or library
purposes: RCW 39.30.010.
public works, application to counties: Chapter 39.04 RCW.
public works, reserve from amount due contractors to cover lien for labor,
material or taxes: Chapter 60.28 RCW.
County airport districts: Chapter 14.08 RCW.
County and district fairs as agricultural fair classification: RCW 15.76.120.
County government: State Constitution Art. 11.
County lands
acquisition of for state highways: RCW 47.12.040, 47.12.150.
city or town L.I.D. assessments, as subject to: RCW 35.43.130, 35.44.140,
35.49.070.
(2010 Ed.)
County roads: Chapter 36.75 RCW.
Court house, county to furnish: RCW 2.28.139.
Debts of
apportionment on division or enlargement: State Constitution Art. 11 § 3.
limit of: State Constitution Art. 8 § 6 (Amendment 27), Art. 7 § 2 (Amendments 55, 59).
private property not to be taken in satisfaction of: State Constitution Art.
11 § 13.
Dental hygienists, licensed, county may employ: RCW 18.29.050.
Department of revenue, visitation to counties: RCW 84.08.010(3).
Detention, house or room for, establishment of: RCW 13.04.135.
Detention facilities, management of (counties with populations of one million or more): Chapter 13.20 RCW.
Detention of state felons in county jails: Chapter 72.68 RCW.
Diking and drainage intercounty districts: Chapter 85.24 RCW.
Disinfection of county property as county duty: RCW 15.08.230.
Disturbances at state penal facilities—Reimbursement to cities and counties
for certain expenses incurred: RCW 72.72.050, 72.72.060.
Electric franchises and rights-of-way, counties may grant: RCW 80.32.010.
Electrical construction regulations applicable to counties: RCW 19.29.010.
Emergency management, county participation: Chapter 38.52 RCW.
Eminent domain
airport purposes: Chapters 14.07, 14.08 RCW.
flood control purposes: RCW 86.12.030.
flood control purposes by counties jointly: RCW 86.13.040.
generally: Chapter 8.08 RCW.
military purposes: RCW 8.04.170, 8.04.180.
of tidelands: RCW 88.24.070.
parks, bathing beaches, public camps: RCW 67.20.010.
wharves purposes: RCW 88.24.070.
Existing counties recognized: State Constitution Art. 11 § 1.
Family courts in: Chapter 26.12 RCW.
Federal areas in counties, generally: Chapter 37.08 RCW.
Federal property, purchase of from government by counties: Chapter 39.32
RCW.
Fireworks, county participation in control: Chapter 70.77 RCW.
Fiscal agent for: Chapter 43.80 RCW.
Flood control
county: Chapter 86.12 RCW.
county participation with
district: RCW 86.24.040.
state and federal government: Chapter 86.24 RCW.
districts (1937 act), public lands included in: RCW 86.09.013.
maintenance, county participation with state: Chapter 86.26 RCW.
Forest protection in counties: Chapter 76.04 RCW.
[Title 36 RCW—page 3]
Chapter 36.01
Title 36 RCW: Counties
Fruit and vegetable inspection districts, counties constituting: RCW
15.17.230.
Police and sanitary regulations, power to enforce: State Constitution Art. 11
§ 11.
Funding indebtedness in counties: Chapter 39.52 RCW.
Port districts
contracts or leases with counties by: RCW 53.08.070, 53.08.140,
53.08.240.
motor vehicle regulation in by county authorities, procedure: RCW
53.08.230.
regulations of, adoption as county ordinance: RCW 53.08.220.
Group life insurance, public employee associations: RCW 48.24.060.
Hospitals, private, for care of individuals with mental illness, alcoholics,
county may prescribe standards: RCW 71.12.550.
Housing authority
generally: Chapter 35.82 RCW.
property as exempt from county taxation: RCW 35.82.210.
Housing cooperation law: Chapter 35.83 RCW.
Indebtedness, county: State Constitution Art. 8.
Printing for counties to be done in state: RCW 43.78.130.
Public assistance
as county function: RCW 74.04.040.
county participation: Chapter 74.04 RCW.
Industrial development districts, county lands may be conveyed to: Chapter
53.25 RCW.
Public contracts and indebtedness: Title 39 RCW.
Intercounty weed districts: Chapter 17.06 RCW.
Public employees
hospitalization and medical aid for: RCW 41.04.180, 41.04.190.
interchange of personnel with federal agency, rights preserved: RCW
41.04.140 through 41.04.170.
military leave for: RCW 38.40.060.
minimum wage act, public employee exclusion: RCW 49.46.010.
payroll deductions for: RCW 41.04.020, 41.04.036.
public employees’ retirement system, county employees as members:
RCW 41.40.062.
retirement systems, retention of rights: Chapter 41.04 RCW.
social security, federal coverage includes: Chapter 41.48 RCW.
Intergovernmental disposition of property, county participation: RCW
39.33.010.
Irrigation districts, cancellation of county taxes against, when: RCW
87.64.060.
Island counties, refund of motor vehicle license and fuel tax fees to: RCW
46.68.080.
Joint aid river and harbor improvements, county participation: RCW
88.32.230 through 88.32.235.
Joint planning for improvement of navigable stream, county participation:
RCW 88.32.240 through 88.32.250.
Juvenile detention facility as mandatory county function: RCW 13.16.030.
Leases, mineral and petroleum, on county land: Chapter 78.16 RCW.
Leases of property, ballot proposition
by jointly with city or town: RCW 35.42.200.
from by city or town: RCW 35.42.200.
Legal aid: Chapter 2.50 RCW.
Legal publications of: Chapter 65.16 RCW.
Libraries: Title 27 RCW.
Lien for labor, material and taxes on public works: Chapter 60.28 RCW.
Limitation of indebtedness of taxing districts: Chapter 39.36 RCW.
Liquor revolving fund moneys, distribution to counties: Chapter 66.08
RCW.
Local milk inspection service units: Chapter 15.36 RCW.
Martial law, proclamation of county under: RCW 38.08.030.
Metropolitan municipal corporations
as borrowers from county: RCW 35.58.480.
county participation: Chapter 35.58 RCW.
Military offenses, jurisdiction by county when: Chapter 38.32 RCW.
Mosquito control
county work coordinated with: Chapter 70.22 RCW.
districts, counties where authorized: RCW 17.28.020.
Motor freight carrier, county vehicle exempt as: RCW 81.80.040.
Motor vehicle
accidents, peace officer’s reports: RCW 46.52.070.
fund moneys for county purposes: RCW 46.68.070 and 46.68.120.
size, weight and load, local regulations: RCW 46.44.080.
Municipal airports
1941 act: Chapter 14.07 RCW.
1945 act: Chapter 14.08 RCW.
Old age and survivors’ insurance, acceptance of for counties: Chapter
41.47 RCW.
Operating agencies (electricity, water resources) to act for counties: Chapter 43.52 RCW.
Public documents (state), distribution to counties: Chapter 40.04 RCW.
Public lands
rights-of-way over for county bridges, trestles, across waterways, tide or
shore lands: RCW 79.110.120.
rights-of-way over for roads, county wharves: RCW 79.36.440.
sale of road material on to counties: RCW 79.15.320.
Public officers
campaign financing, reporting: RCW 42.17.030 through 42.17.130.
code of ethics for: Chapter 42.23 RCW.
financial affairs and gifts, reporting: RCW 42.17.240.
misconduct of enumerated: Chapter 42.20 RCW.
not to receive witness fees: RCW 42.16.020, 42.16.030.
resignations: RCW 42.12.020.
terms when vacancies filled: RCW 42.12.030.
Public purchase preferences: Chapter 39.24 RCW.
Public works
emergency, county participation: Chapter 39.28 RCW.
department of transportation, cooperation: RCW 47.08.070.
prevailing wages to be paid on: Chapter 39.12 RCW.
Publicly owned vehicles
exempt from licensing fee: RCW 46.16.020.
license plate retained when change in ownership: RCW 46.16.290.
registration of: RCW 46.16.020.
to be marked: RCW 46.08.065.
Railroad grade crossings
apportionment of costs, county liability: RCW 81.53.110, 81.53.130.
counties duty to maintain: RCW 81.53.090.
county participation in grants for: Chapter 81.53 RCW.
Railroad signals, warning devices on county roads: RCW 81.53.261
through 81.53.291.
Reclamation and irrigation districts in United States reclamation areas,
contract to bring county lands into: RCW 89.12.110.
Reclamation districts of one million acres, lands in more than one county:
RCW 89.30.004.
Reforestation
county exchange of land to block up holdings: RCW 79.17.020, 79.17.060,
and 79.17.070.
grants of county lands for: RCW 79.22.040.
Park and recreation service areas: RCW 36.68.400 through 36.68.620.
Regional jail camps, county prisoners may be committed to: RCW
72.64.100, 72.64.110.
Parks, bathing beaches, public camps, county may acquire and operate:
Chapter 67.20 RCW.
River and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
Person defined to include counties for RCW code purposes: RCW 1.16.080.
Rural housing projects: Chapter 35.82 RCW.
Pesticide application act, county as subject to: RCW 17.21.220.
Savings and loan associations, counties as member: RCW 33.20.060.
[Title 36 RCW—page 4]
(2010 Ed.)
General Provisions
Soft tree fruits commission law, counties constituting districts under: RCW
15.28.010.
Soil and water conservation districts, county may cooperate with: RCW
89.08.341.
State patrol retirement allowances exempt from county taxation: RCW
43.43.310.
State vehicle regulations precedence over local: RCW 46.08.020.
State’s title to abandoned channels granted to counties: RCW 86.13.110.
Stock restricted areas in: Chapter 16.24 RCW.
Street railroads in counties: Chapter 81.64 RCW.
Superior court judges, each county entitled to: State Constitution Art. 4 § 5,
chapter 2.08 RCW.
Surplus federal property, county may purchase: RCW 39.32.010 through
39.32.060.
Tax liens, foreclosure by county when city or town L.I.D. assessments on,
rights of city or town: RCW 35.49.130 through 35.49.160.
Taxes
B & O, counties defined as person for purposes of: RCW 82.04.030.
excise, state preempts field, which: RCW 82.02.020.
federal payments in lieu of ad valorem property taxes to counties, distribution: Chapter 84.72 RCW.
for city and town purposes: State Constitution Art. 11 § 12.
local, legislature not to impose: State Constitution Art. 11 § 12.
motor vehicle fuel
counties as subject to: RCW 82.36.240.
state preempts field: RCW 82.36.440.
property
acquisitions of county subject to lien of: RCW 84.60.050.
county by, generally: Title 84 RCW.
county held tax-title property, treatment of: RCW 36.35.100.
county-interstate bridge as exempt from: RCW 84.36.230.
county lands sold on contract as taxable: RCW 84.40.230.
county property as exempt from: RCW 84.36.010.
county revaluation program: Chapter 84.41 RCW.
county right-of-way easements as exempt from: RCW 84.36.210.
excess levies authorized, county application: RCW 84.52.050
through 84.52.056.
limitation on levies, county application: State Constitution Art. 7
§ 2 (Amendments 55, 59); RCW 84.52.050.
state, county liability for share of: State Constitution Art. 11 § 9.
Taxing district
county as: RCW 84.04.120.
relief act, county application: Chapter 39.64 RCW.
Teletypewriter communications network, county participation: Chapter
43.89 RCW.
Toll roads, bridges and ferries (state), county participation and liability:
Chapter 47.56 RCW.
Township organization in: State Constitution Art. 11 § 4 (Amendment 21).
Traffic
enforcement agencies, duty: Chapter 46.64 RCW.
schools, county participation: Chapter 46.83 RCW.
Unfit dwellings, buildings and structures: Chapter 35.80 RCW.
Uniform system of accounting: Chapter 43.09 RCW.
Validation of bonds and financing proceedings: Chapter 39.90 RCW.
Vehicle wreckers’ licensing, county to comply with: RCW 46.80.160.
Veterans
in business, peddling, county licensing limitations: RCW 73.04.050
through 73.04.060.
indigent and deceased, burial as county responsibility: RCW 73.08.070.
public officials duty as considered leave of absence: RCW 73.16.041.
scoring criteria status in county employment reemployment: RCW
41.04.010, Chapter 73.16 RCW.
Veterans’
meeting hall, county may furnish free of charge: RCW 73.04.070.
meeting place, rent from county funds: RCW 73.04.080.
relief as county responsibility: Chapter 73.08 RCW.
Vital statistics, county as a primary registration area: RCW 70.58.010.
Wages
(2010 Ed.)
36.01.060
deductions and rebates, application to counties: Chapter 49.52 RCW.
payment and collection of, county employee exclusion: RCW 49.48.080.
rebates of on public works, penalty: RCW 49.52.090.
Warrants, interest rate on: RCW 39.56.020, 39.56.030.
Water pollution control, county application: Chapter 90.48 RCW.
Water rights
appropriation of by counties; procedure: Chapter 90.03 RCW.
United States, county application: Chapter 90.40 RCW.
Wharves, counties may authorize and prescribe rates: RCW 88.24.020.
Workers’ compensation, county coverage: RCW 51.12.050.
World fair or exposition, county participation: Chapter 35.60 RCW.
36.01.010 Corporate powers. The several counties in
this state shall have capacity as bodies corporate, to sue and
be sued in the manner prescribed by law; to purchase and
hold lands; to make such contracts, and to purchase and hold
such personal property, as may be necessary to their corporate or administrative powers, and to do all other necessary
acts in relation to all the property of the county. [1986 c 278
§ 1; 1963 c 4 § 36.01.010. Prior: Code 1881 § 2653; 1863 p
538 § 1; 1854 p 329 § 1; RRS § 3982.]
36.01.010
Additional notes found at www.leg.wa.gov
36.01.020 Corporate name. The name of a county,
designated by law, is its corporate name, and it must be
known and designated thereby in all actions and proceedings
touching its corporate rights, property, and duties. [1963 c 4
§ 36.01.020. Prior: Code 1881 § 2654; RRS § 3983.]
36.01.020
36.01.030 Powers—How exercised. Its powers can
only be exercised by the county commissioners, or by agents
or officers acting under their authority or authority of law.
[1963 c 4 § 36.01.030. Prior: Code 1881 § 2655; RRS §
3984.]
36.01.030
36.01.040 Conveyances for use of county. Every conveyance of lands, or transfer of other property, made in any
manner for the use of any county, shall have the same force
and effect as if made to the county in its proper and corporate
name. [1963 c 4 § 36.01.040. Prior: Code 1881 § 2656; 1863
p 538 § 2; 1854 p 329 § 2; RRS § 3985.]
36.01.040
36.01.050 Venue of actions by or against counties. (1)
All actions against any county may be commenced in the
superior court of such county, or in the superior court of
either of the two nearest judicial districts. All actions by any
county shall be commenced in the superior court of the
county in which the defendant resides, or in either of the two
judicial districts nearest to the county bringing the action.
(2) The determination of the nearest judicial districts is
measured by the travel time between county seats using
major surface routes, as determined by the administrative
office of the courts. [2005 c 282 § 42; 2000 c 244 § 1; 1997
c 401 § 1; 1963 c 4 § 36.01.050. Prior: 1854 p 329 § 6; No
RRS.]
36.01.050
36.01.060 County liable for certain court costs. Each
county shall be liable to pay the per diem and mileage, or
other compensation in lieu thereof, to jurors of the county
attending the superior court; the fees of the sheriff for maintaining prisoners charged with crimes, and the sheriff’s costs
36.01.060
[Title 36 RCW—page 5]
36.01.070
Title 36 RCW: Counties
in conveying them to and from the court, as well as their
board while there; the per diem and mileage, or such other
compensation as is allowed in lieu thereof, of the sheriff of
the county, when in criminal cases the sheriff is required to
attend or travel to the superior court out of the limits of the
sheriff’s county; the costs in criminal cases taken from the
courts of limited jurisdiction to the superior court; but no
such claims shall be paid by the treasurer unless the particular
items are approved by the judge and certified by the clerk
under the seal of the court. For the time or travel which may
be paid by the parties or United States, no payment from the
county shall be allowed, and no officer, juror, or witness shall
receive from the county double pay as a per diem for the same
time, or as traveling expenses or mileage for the same travel,
in however many different capacities or in however many different causes they may be summoned, notified, or called
upon to testify or attend in. [1987 c 202 § 200; 1963 c 4 §
36.01.060. Prior: Code 1881 § 2110; 1869 p 420 § 9; 1863 p
425 § 10; 1857 p 22 § 10; RRS § 508.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.01.070 Probation and parole services. Notwithstanding the provisions of chapter 72.01 RCW or any other
provision of law, counties may engage in probation and
parole services and employ personnel therefor under such
terms and conditions as any such county shall so determine.
If a county elects to assume responsibility for the supervision
of superior court misdemeanant offenders placed on probation under RCW 9.92.060 or 9.95.210, the county may contract with other counties to receive or provide such probation
services. A county may also enter into partnership agreements with the department of corrections under RCW
72.09.300. [1996 c 298 § 7; 1967 c 200 § 9.]
That whenever the county legislative authority determines
that the county or a substantial portion of the county is not
adequately served by existing private ambulance service, and
existing private ambulance service cannot be encouraged to
expand service on a contract basis, the emergency medical
service that is established by the county shall not be deemed
to compete with any existing private ambulance service as
provided for in RCW 36.01.100. [1975 1st ex.s. c 147 § 1.]
*Reviser’s note: RCW 18.73.030 was amended by 2000 c 93 § 16,
changing subsection (11) to subsection (9). RCW 18.73.030 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection
(9) to subsection (10).
36.01.100 Ambulance service authorized—Restriction. The legislative authority of any county may by appropriate legislation provide for the establishment of a system of
ambulance service for the entire county or for portions
thereof, and award contracts for ambulance service: PROVIDED, That such legislation may not provide for the establishment of any system which would compete with any existing private system. [1972 ex.s. c 89 § 1.]
36.01.100
36.01.070
Indeterminate sentences: Chapter 9.95 RCW.
Additional notes found at www.leg.wa.gov
36.01.080 Parking facilities—Construction, operation and rental charges. Counties may construct, maintain,
operate and collect rentals for parking facilities as a part of a
courthouse or combined county-city building facility. [1969
ex.s. c 8 § 1.]
Revenue bonds for parking facilities: RCW 36.67.520.
36.01.085 Economic development programs. It shall
be in the public purpose for all counties to engage in economic development programs. In addition, counties may contract with nonprofit corporations in furtherance of this and
other acts relating to economic development. [1985 c 92 § 2.]
36.01.085
36.01.090 Tourist promotion.
36.01.105 Fire protection, ambulance or other emergency services provided by municipal corporation within
county—Financial and other assistance authorized. See
RCW 36.32.470.
36.01.105
36.01.110 Federal grants and programs—Powers
and authority of counties to participate in—Public corporations, commissions or authorities. See RCW 35.21.730
through 35.21.755.
36.01.110
36.01.115 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
36.01.115
36.01.080
36.01.090
36.01.104 Levy for emergency medical care and services. See RCW 84.52.069.
36.01.104
See RCW 36.32.450.
36.01.095 Emergency medical services—Authorized—Fees. Any county may establish a system of emergency medical service as defined by *RCW 18.73.030(11).
The county legislative authority may adopt by resolution procedures to collect reasonable fees in order to reimburse the
county in whole or in part for its costs of providing such service: PROVIDED, That any county which provides emergency medical services supported by an excess levy may
waive such charges for service: PROVIDED FURTHER,
36.01.120 Foreign trade zones—Legislative finding,
intent. It is the finding of the legislature that foreign trade
zones serve an important public purpose by the creation of
employment opportunities within the state and that the establishment of zones designed to accomplish this purpose is to
be encouraged. It is the further intent of the legislature that
the *department of community, trade, and economic development provide assistance to entities planning to apply to the
United States for permission to establish such zones. [1995 c
399 § 40; 1985 c 466 § 44; 1977 ex.s. c 196 § 5.]
36.01.120
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
36.01.095
[Title 36 RCW—page 6]
36.01.125 Foreign trade zones—Authority to apply
for permission to establish, operate and maintain. A
county, as zone sponsor, may apply to the United States for
permission to establish, operate, and maintain foreign trade
zones: PROVIDED, That nothing herein shall be construed
to prevent these zones from being operated and financed by a
private corporation(s) on behalf of such county acting as zone
sponsor. [1977 ex.s. c 196 § 6.]
36.01.125
(2010 Ed.)
General Provisions
Additional notes found at www.leg.wa.gov
36.01.130 Controls on rent for residential structures—Prohibited—Exceptions. The imposition of controls on rent is of statewide significance and is preempted by
the state. No county may enact, maintain or enforce ordinances or other provisions which regulate the amount of rent
to be charged for single family or multiple unit residential
rental structures or sites other than properties in public ownership, under public management, or properties providing
low-income rental housing under joint public-private agreements for the financing or provision of such low-income
rental housing. This section shall not be construed as prohibiting any county from entering into agreements with private
persons which regulate or control the amount of rent to be
charged for rental properties. [1991 c 363 § 43; 1981 c 75 §
2.]
36.01.190
changed and it is no longer feasible for the county to administer the trust. [1998 c 65 § 1.]
36.01.130
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.01.150 Facilitating recovery from Mt. St. Helens
eruption—Scope of local government action. All entities
of local government and agencies thereof are authorized to
take action as follows to facilitate recovery from the devastation of the eruption of Mt. St. Helens:
(1) Cooperate with the state, state agencies, and the
United States Army Corps of Engineers and other agencies of
the federal government in planning dredge site selection and
dredge spoils removal;
(2) Counties and cities may re-zone areas and sites as
necessary to facilitate recovery operations;
(3) Counties may manage and maintain lands involved
and the deposited dredge spoils; and
(4) Local governments may assist the Army Corps of
Engineers in the dredging and dredge spoils deposit operations. [1982 c 7 § 3.]
36.01.150
Facilitating recovery from Mt. St. Helens eruption—Legislative findings—
Purpose: RCW 43.01.200.
Scope of state agency action: RCW 43.01.210.
Additional notes found at www.leg.wa.gov
36.01.160 Penalty for act constituting a crime under
state law—Limitation. Except as limited by the maximum
penalty authorized by law, no county may establish a penalty
for an act that constitutes a crime under state law that is different from the penalty prescribed for that crime by state statute. [1993 c 83 § 2.]
36.01.160
Additional notes found at www.leg.wa.gov
36.01.170 Administration of trusts benefiting school
districts. Any county authorized by territorial law to administer moneys held in trust for the benefit of school districts
within the county, which moneys were bequeathed for such
purposes by testamentary provision, may dissolve any trust,
the corpus of which does not exceed fifty thousand dollars,
and distribute any moneys remaining in the trust to school
districts within the county. Before dissolving the trust, the
county must adopt a resolution finding that conditions have
36.01.170
(2010 Ed.)
36.01.180 Zoo and aquarium advisory authority—
Constitution—Terms. (1) For any county in which a proposition authorized by RCW 82.14.400 has been passed, there
shall be created a zoo and aquarium advisory authority.
(2) The initial board of the authority shall be constituted
as follows:
(a) Three members appointed by the county legislative
authority to represent unincorporated areas;
(b) Two members appointed by the legislative authority
of the city with the largest population within the county; and
(c) Two members jointly appointed by the legislative
authorities of the remaining cities within the county representing at least sixty percent of the combined populations of
those cities.
(3) Board members shall hold office for whatever terms
are determined by their appointing authorities, except that no
term may be less than one year nor more than three years, in
duration. However, a vacancy may be filled by an appointment for a term less than twelve months in duration. [1999 c
104 § 4.]
36.01.180
36.01.190 Initial meeting of zoo and aquarium advisory authority—Expenditure of funds—Powers. (1) Upon
certification by the county auditor or, in the case of a home
rule county, upon certification by the chief elections officer,
that a proposition authorized under the terms of RCW
82.14.400 has received a majority of votes cast on the proposition, the county legislative authority shall convene an initial
meeting of the zoo and aquarium advisory authority.
(2) Consistent with any agreement between the local
governments specified in RCW 82.14.400(1) in requesting an
election, the zoo and aquarium advisory authority has authority to expend such funds as it may receive on those purposes
set out in RCW 82.14.400(4). In addition, and consistent with
any limitation placed on the powers of the authority in such
an agreement, the zoo and aquarium advisory authority may
exercise the following powers:
(a) Acquire by purchase, gift, or grant and lease, construct, add to, improve, replace, repair, maintain, operate, and
regulate the use of any zoo, aquarium, and wildlife preservation and display facilities and properties, together with all
lands, rights-of-way, property, equipment, and accessories
necessary for those facilities;
(b) Contract with the United States or any agency
thereof, any state or agency thereof, any metropolitan municipal corporation, any other county, city, special district, or
governmental agency, and any private person, firm, or corporation for the purpose of receiving gifts or grants or securing
loans or advances for preliminary planning and feasibility
studies, or for the design, construction, operation, or maintenance of zoo, aquarium, and wildlife preservation and display
facilities;
(c) Contract with any governmental agency or with a private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures,
lands, interests in lands, air rights over lands, and rights-ofway of all kinds which are owned, leased, or held by the other
36.01.190
[Title 36 RCW—page 7]
36.01.200
Title 36 RCW: Counties
party, and for the purpose of planning, constructing, or operating any facility or performing any service related to zoos,
aquariums, and wildlife preservation and display facilities;
(d) Fix rates and charges for the use of those facilities;
(e) Sue and be sued in its corporate capacity in all courts
and in all proceedings. [1999 c 104 § 3.]
36.01.200 Federal funds designated for state
schools—Use limited to reduction of outstanding debt
obligations of school districts. The county legislative
authority of any county that receives payment in lieu of taxes
and payment equal to tax funds from the United States
department of energy under section 168 of the federal atomic
energy act of 1954 and nuclear waste policy act of 1982 and
that has an agreed settlement or a joint stipulation dated
before January 1, 1998, which agreed settlement or joint stipulation includes funds designated for state schools, may
direct the county treasurer to distribute those designated
funds to reduce the outstanding debt of the school districts
within the county. Any such funds shall be divided among the
school districts based upon the same percentages that each
district’s current assessed valuation is of the total assessed
value for all eligible school districts if the district has outstanding debt that equals or exceeds the amount of its distribution. If the district does not have outstanding debt that
equals or exceeds the amount of its distribution, any amount
above the outstanding debt shall be reallocated to the remaining eligible districts. Any funds received before January 1,
1999, shall be distributed using the percentages calculated for
1998. The county treasurer shall apply the funds to any outstanding debt obligation selected by the respective school
districts. [1999 c 19 § 1.]
36.01.200
36.01.210 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each county functioning under chapter 36.56 RCW
that owns or operates a rail fixed guideway system as defined
in RCW 81.104.015 shall submit a system safety program
plan and a system security and emergency preparedness plan
for that guideway to the state department of transportation by
September 1, 1999, or at least one hundred eighty calendar
days before beginning operations or instituting revisions to
its plans. These plans must describe the county’s procedures
for (a) reporting and investigating reportable accidents, unacceptable hazardous conditions, and security breaches, (b)
submitting corrective action plans and annual safety and
security audit reports, (c) facilitating on-site safety and security reviews by the state department of transportation, and (d)
addressing passenger and employee security. The plans
must, at a minimum, conform to the standards adopted by the
state department of transportation. If required by the department, the county shall revise its plans to incorporate the
department’s review comments within sixty days after their
receipt, and resubmit its revised plans for review.
(2) Each county functioning under chapter 36.56 RCW
shall implement and comply with its system safety program
plan and system security and emergency preparedness plan.
The county shall perform internal safety and security audits
to evaluate its compliance with the plans, and submit its audit
schedule to the department of transportation no later than
36.01.210
[Title 36 RCW—page 8]
December 15th each year. The county shall prepare an
annual report for its internal safety and security audits undertaken in the prior year and submit it to the department no later
than February 15th. This annual report must include the
dates the audits were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any
corrective actions taken as a result of the audit activity, and
the results of each audit in terms of the adequacy and effectiveness of the plans.
(3) Each county shall notify the department of transportation within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach.
The department may adopt rules further defining a reportable
accident, unacceptable hazardous condition, or security
breach. The county shall investigate all reportable accidents,
unacceptable hazardous conditions, or security breaches and
provide a written investigation report to the department
within forty-five calendar days after the reportable accident,
unacceptable hazardous condition, or security breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 3; 2005 c 274 §
268; 1999 c 202 § 3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
36.01.220 Mobile home, manufactured home, or
park model moving or installing—Copies of permits—
Definitions. (1) A county shall transmit a copy of any permit
issued to a tenant or the tenant’s agent for a mobile home,
manufactured home, or park model installation in a mobile
home park to the landlord.
(2) A county shall transmit a copy of any permit issued
to a person engaged in the business of moving or installing a
mobile home, manufactured home, or park model in a mobile
home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW
59.20.030;
(b) "Mobile home park" has the same meaning as in
RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the
same meaning as in *RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW
59.20.030. [1999 c 359 § 20.]
36.01.220
*Reviser’s note: RCW 43.63B.010 was recodified as RCW
43.22A.010 pursuant to 2007 c 432 § 13.
Additional notes found at www.leg.wa.gov
36.01.225 Authority to regulate placement or use of
homes—Regulation of manufactured homes—Restrictions on location of manufactured/mobile homes and
entry or removal of recreational vehicles used as primary
residences. (1) A county may not adopt an ordinance that
has the effect, directly or indirectly, of discriminating against
consumers’ choices in the placement or use of a home in such
a manner that is not equally applicable to all homes. Homes
built to 42 U.S.C. Sec. 5401-5403 standards (as amended in
36.01.225
(2010 Ed.)
General Provisions
2000) must be regulated for the purposes of siting in the same
manner as site built homes, factory built homes, or homes
built to any other state construction or local design standard.
However, except as provided in subsection (2) of this section,
any county may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent
foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed
by concrete or an approved concrete product which can be
either load bearing or decorative;
(c) The manufactured home comply with all local design
standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy
code; and
(e) The manufactured home otherwise meets all other
requirements for a designated manufactured home as defined
in RCW 35.63.160.
(2) A county may not adopt an ordinance that has the
effect, directly or indirectly, of restricting the location of
manufactured/mobile homes in manufactured/mobile home
communities, as defined in RCW 59.20.030, which were
legally in existence before June 12, 2008, based exclusively
on the age or dimensions of the manufactured/mobile home.
This does not preclude a county from restricting the location
of a manufactured/mobile home in manufactured/mobile
home communities for any other reason including, but not
limited to, failure to comply with fire, safety, or other local
ordinances or state laws related to manufactured/mobile
homes.
(3) A county may not adopt an ordinance that has the
effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary
residence in manufactured/mobile home communities, as
defined in RCW 59.20.030, unless the recreational vehicle
fails to comply with the fire, safety, or other local ordinances
or state laws related to recreational vehicles.
(4) This section does not override any legally recorded
covenants or deed restrictions of record.
(5) This section does not affect the authority granted
under chapter 43.22 RCW. [2009 c 79 § 3; 2008 c 117 § 3;
2004 c 256 § 4.]
Findings—Intent—Effective date—2004 c 256: See notes following
RCW 35.21.684.
36.01.260
ment of financial institutions, or (2) any financial institution
as defined under RCW 30.22.041. [2005 c 338 § 4.]
Finding—Intent—2005 c 338: See note following RCW 35.21.698.
36.01.250 Environmental mitigation activities. (1)
Any county authorized to acquire and operate utilities or conduct other proprietary or user or ratepayer funded activities
may develop and make publicly available a plan for the
county to reduce its greenhouse gases emissions or achieve
no-net emissions from all sources of greenhouse gases that
such county utility or proprietary or user or ratepayer funded
activity owns, operates, leases, uses, contracts for, or otherwise controls.
(2) Any county authorized to acquire and operate utilities
or conduct other proprietary or user or ratepayer funded
activities may, as part of such utility or activity, reduce or
mitigate the environmental impacts, such as greenhouse
gases emissions, of such utility and other proprietary or user
or ratepayer funded activity. The mitigation may include, but
is not limited to, all greenhouse gases mitigation mechanisms
recognized by independent, qualified organizations with
proven experience in emissions mitigation activities. Mitigation mechanisms may include the purchase, trade, and banking of carbon offsets or credits. Ratepayer funds, fees, or
other revenue dedicated to a county utility or other proprietary or user or ratepayer funded activity may be spent to
reduce or mitigate the environmental impacts of greenhouse
gases emitted as a result of that function. If a state greenhouse gases registry is established, the county that has purchased, traded, or banked greenhouse gases mitigation mechanisms under this section shall receive credit in the registry.
[2007 c 349 § 6.]
36.01.250
Findings—Intent—2007 c 349 § 6: "The legislature finds and declares
that greenhouse gases offset contracts, credits, and other greenhouse gases
mitigation efforts are a recognized utility purpose that confers a direct benefit on the utility’s ratepayers. The legislature also finds and declares that
greenhouse gases offset contracts, credits, and other greenhouse gases mitigation efforts are a recognized purpose of other county proprietary activities
that are funded by users and ratepayers, and that such mitigation efforts confer a direct benefit on such payers. The legislature declares that section 6 of
this act is intended to reverse the result of Okeson v. City of Seattle (January
18, 2007), by expressly granting counties the statutory authority to engage in
mitigation activities to offset the impact on the environment of their utilities
and certain other proprietary and user and ratepayer funded activities."
[2007 c 349 § 5.]
36.01.260 Evergreen community ordinances. (1) Any
county may adopt evergreen community ordinances, as that
term is defined in RCW 35.105.010, which the county must
apply to new building or land development in the unincorporated portions of the county’s urban growth areas, as that
term is defined in RCW 36.70A.030, and may apply to other
areas of the county as deemed appropriate by the county.
(2) As an alternative to subsection (1) of this section, a
city or town may request that the county in which it is located
apply to any new building or land development permit in the
unincorporated portions of the urban growth areas, as defined
in RCW 36.70A.030, the evergreen community ordinances
standards adopted under RCW 35.105.090 by the city or
town in the county located closest to the proposed building or
development. [2008 c 299 § 15.]
36.01.260
36.01.230 Cooperative watershed management. A
county may, acting through the county legislative authority,
participate in and expend revenue on cooperative watershed
management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental
agreements, for purposes of water supply, water quality, and
water resource and habitat protection and management.
[2003 c 327 § 8.]
36.01.230
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
36.01.240 Regulation of financial transactions—
Limitations. A county or governmental entity subject to this
title may not regulate the terms, conditions, or disclosures of
any lawful financial transaction between a consumer and (1)
a business or professional under the jurisdiction of the depart36.01.240
(2010 Ed.)
Short title—2008 c 299: See note following RCW 35.105.010.
[Title 36 RCW—page 9]
36.01.270
Title 36 RCW: Counties
36.01.270 Contractors—Authority of county to verify registration and report violations. A county that issues
a business license to a person required to be registered under
chapter 18.27 RCW may verify that the person is registered
under chapter 18.27 RCW and report violations to the department of labor and industries. [2009 c 432 § 4.]
36.01.270
Report—2009 c 432: See note following RCW 18.27.062.
36.01.280 Community athletics programs—Sex discrimination prohibited. The antidiscrimination provisions
of RCW 49.60.500 apply to community athletics programs
and facilities operated, conducted, or administered by a
county. [2009 c 467 § 7.]
36.01.280
Findings—Declarations—2009 c 467: See note following RCW
49.60.500.
36.01.290 Temporary encampments for the homeless—Hosting by religious organizations authorized—
Prohibitions on local actions. (1) A religious organization
may host temporary encampments for the homeless on property owned or controlled by the religious organization
whether within buildings located on the property or elsewhere on the property outside of buildings.
(2) A county may not enact an ordinance or regulation or
take any other action that:
(a) Imposes conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions of a religious organization
regarding the location of housing or shelter for homeless persons on property owned by the religious organization;
(b) Requires a religious organization to obtain insurance
pertaining to the liability of a municipality with respect to
homeless persons housed on property owned by a religious
organization or otherwise requires the religious organization
to indemnify the municipality against such liability; or
(c) Imposes permit fees in excess of the actual costs
associated with the review and approval of the required permit applications.
(3) For the purposes of this section, "religious organization" means the federally protected practice of a recognized
religious assembly, school, or institution that owns or controls real property.
(4) An appointed or elected public official, public
employee, or public agency as defined in RCW 4.24.470 is
immune from civil liability for (a) damages arising from the
permitting decisions for a temporary encampment for the
homeless as provided in this section and (b) any conduct or
unlawful activity that may occur as a result of the temporary
encampment for the homeless as provided in this section.
[2010 c 175 § 2.]
36.01.290
Findings—2010 c 175: "The legislature finds that there are many
homeless persons in our state that are in need of shelter and other services
that are not being provided by the state and local governments. The legislature also finds that in many communities, religious organizations play an
important role in providing needed services to the homeless, including the
provision of shelter upon property owned by the religious organization. By
providing such shelter, the religious institutions in our communities perform
a valuable public service that, for many, offers a temporary, stop-gap solution to the larger social problem of increasing numbers of homeless persons.
This act provides guidance to cities and counties in regulating homeless encampments within the community, but still leaves those entities with
broad discretion to protect the health and safety of its citizens. It is the hope
of this legislature that local governments and religious organizations can
[Title 36 RCW—page 10]
work together and utilize dispute resolution processes without the need for
litigation." [2010 c 175 § 1.]
Intent—Construction—2010 c 175: "Nothing in this act is intended to
change applicable law or be interpreted to prohibit a county, city, town, or
code city from applying zoning and land use regulations allowable under
established law to real property owned by a religious organization, regardless of whether the property owned by the religious organization is used to
provide shelter or housing to homeless persons." [2010 c 175 § 5.]
Prior consent decrees and negotiated settlements for temporary
encampments for the homeless not superseded—2010 c 175: "Nothing in
this act supersedes a court ordered consent decree or other negotiated settlement between a public agency and religious organization entered into prior
to July 1, 2010, for the purposes of establishing a temporary encampment for
the homeless as provided in this act." [2010 c 175 § 6.]
36.01.300 State and federal background checks of
license applicants and licensees of occupations under local
licensing authority. Counties may, by ordinance, require a
state and federal background investigation of license applicants or licensees in occupations specified by ordinance for
the purpose of receiving criminal history record information
by county officials. The investigation shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW
43.43.832 through 43.43.834, and the federal bureau of
investigation. These background checks must be done
through the Washington state patrol identification and criminal history section and may include a national check from the
federal bureau of investigation, which shall be through the
submission of fingerprints. The Washington state patrol shall
serve as the sole source for receipt of fingerprint submissions
and the responses to the submissions from the federal bureau
of investigation, which must be disseminated to the county.
The county shall transmit appropriate fees for a state and
national criminal history check to the Washington state
patrol, unless alternately arranged. [2010 c 47 § 1.]
36.01.300
36.01.310 Accessible community advisory committees. (1) A county has the option to expand the scope of an
advisory committee established and maintained under RCW
29A.46.260 to that of an accessible community advisory
committee, or to create an accessible community advisory
committee.
(2) A county that has an active accessible community
advisory committee may be reimbursed within available
funds from the accessible communities account created in
RCW 50.40.071 for travel, per diem, and reasonable accommodation expenses for the participation of that committee’s
members in committee meetings and sponsored activities.
(3) A county establishes that it has an active accessible
community
advisory committee by submitting biennial assurances to the
governor’s
committee on disability issues and employment that:
(a) The decision to establish an accessible community
advisory committee was made by the county legislative
authority, or by agents or officers acting under that authority.
(b) If an accessible community advisory committee is
established by expanding the advisory committee established
and maintained under RCW 29A.46.260, the county auditor
supports that expansion.
36.01.310
(2010 Ed.)
County Boundaries
(c) Committee members include persons with a diverse
range of disabilities who are knowledgeable in identifying
and eliminating attitudinal, programmatic, communication,
and physical barriers encountered by persons with disabilities.
(d) The committee is actively involved in the following
activities: Advising on addressing the needs of persons with
disabilities in emergency plans; advising the county and other
local governments within the county on access to programs
services and activities, new construction or renovation
projects, sidewalks, other pedestrian routes of travel, and disability parking enforcement; and developing local initiatives
and activities to promote greater awareness of disability
issues, and acceptance, involvement, and access for persons
with disabilities within the community.
(4) Counties may form joint accessible community advisory committees, as long as no more than one of the participating counties has a population greater than seventy thousand. [2010 c 215 § 4.]
Findings—2010 c 215: See note following RCW 50.40.071.
Chapter 36.04
Chapter 36.04 RCW
COUNTY BOUNDARIES
Sections
36.04.010
36.04.020
36.04.030
36.04.040
36.04.050
36.04.060
36.04.070
36.04.080
36.04.090
36.04.100
36.04.110
36.04.120
36.04.130
36.04.140
36.04.150
36.04.160
36.04.170
36.04.180
36.04.190
36.04.200
36.04.210
36.04.220
36.04.230
36.04.240
36.04.250
36.04.260
36.04.270
36.04.280
36.04.290
36.04.300
36.04.310
36.04.320
36.04.330
36.04.340
36.04.350
36.04.360
36.04.370
36.04.380
36.04.390
36.04.400
Adams county.
Asotin county.
Benton county.
Chelan county.
Clallam county.
Clark county.
Columbia county.
Cowlitz county.
Douglas county.
Ferry county.
Franklin county.
Garfield county.
Grant county.
Grays Harbor county.
Island county.
Jefferson county.
King county.
Kitsap county.
Kittitas county.
Klickitat county.
Lewis county.
Lincoln county.
Mason county.
Okanogan county.
Pacific county.
Pend Oreille county.
Pierce county.
San Juan county.
Skagit county.
Skamania county.
Snohomish county.
Spokane county.
Stevens county.
Thurston county.
Wahkiakum county.
Walla Walla county.
Whatcom county.
Whitman county.
Yakima county.
Survey of county boundaries.
Reviser’s note: For the reasons set out in the second paragraph of the
explanatory note appended to chapter 4, Laws of 1963, the session laws comprising chapter 36.04 RCW were neither repealed nor reenacted in the 1963
reenactment of Title 36 RCW. Pending reenactment of this chapter, it is
herein republished as revised by the 1941 code committee; for rules of construction concerning such revision, see RCW 1.04.020 and 1.04.021.
(2010 Ed.)
36.04.040
36.04.010 Adams county. Adams county shall consist
of the territory bounded as follows, to wit: Beginning at the
northwest corner of township fourteen north, range twentyeight east of the Willamette Meridian; running thence north
to the fourth standard parallel; thence east to the Columbia
River Guide Meridian; thence north to the fifth standard parallel; thence east on said parallel to the line between the
ranges thirty-eight and thirty-nine; thence south on said line
to where it intersects the Palouse river in township sixteen;
thence down said river to where the line between townships
fourteen and fifteen crosses said river; thence west on said
line to place of beginning. [1883 p 93 § 1; RRS § 3924.]
36.04.010
36.04.020 Asotin county. Asotin county shall consist
of the territory bounded as follows, to wit: Commencing at a
point in the channel of Snake river on the township line
between ranges forty-four and forty-five east, Willamette
Meridian; thence running south to the northwest corner of
section thirty, township eleven north, range forty-five east,
Willamette Meridian; thence west six miles; south one mile;
west two miles; south one mile; west one mile to the northwest corner of section three in township ten north, of range
forty-three east, Willamette Meridian; thence south eighteen
miles; thence west three miles; thence south to the Oregon
line; thence east on said line to the midchannel of Snake
river; thence down the midchannel of Snake river to the place
of beginning. [1883 p 96 § 1; RRS § 3925.]
36.04.020
36.04.030 Benton county. Benton county shall consist
of the territory bounded as follows, to wit: Beginning at the
point of intersection of the middle of the main channel of the
Columbia river with the township line between township thirteen north, range twenty-three east, and township thirteen
north, range twenty-four east, Willamette Meridian; thence
running south along the township line, being the line between
range twenty-three east and range twenty-four east to the line
between Yakima county and Klickitat county; thence south
along the township lines, being the lines between ranges
twenty-three east and twenty-four east, to the point of intersection with the middle of the main channel of the Columbia
river, or to its intersection with the line between the states of
Washington and Oregon; thence northeasterly, northerly and
northwesterly and westerly along the middle of the main
channel of the Columbia river and up said stream to the place
of beginning. [1905 c 89 § 1; RRS § 3926.]
36.04.030
36.04.040 Chelan county. Chelan county shall consist
of the territory bounded as follows, to wit: Beginning at the
point of intersection of the middle of the main channel of the
Columbia river with the fifth standard parallel north, thence
running west along said fifth standard parallel north to the
point where said fifth standard parallel north intersects the
summit of the main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers,
and the waters flowing southerly and westerly into the
Yakima river, thence in a general northwesterly direction
along the summit of said main divide between the waters
flowing northerly and easterly into the Wenatchee and
Columbia rivers and the waters flowing southerly and westerly into the Yakima river, following the course of the center
of the summit of the watershed dividing the said respective
36.04.040
[Title 36 RCW—page 11]
36.04.050
Title 36 RCW: Counties
waters, to the center of the summit of the Cascade mountains,
at the eastern boundary line of King county; thence north
along the east boundary lines of King, Snohomish and Skagit
counties to the point upon the said east boundary of Skagit
county, where said boundary is intersected by the watershed
between the waters flowing northerly and easterly into the
Methow river and the waters flowing southerly and westerly
into Lake Chelan, thence in a general southeasterly direction
along the summit of the main divide between the waters flowing northerly and easterly into the Methow river and the
waters flowing westerly and southerly into Lake Chelan and
its tributaries; following the course of the center of the summit of the watershed dividing said respective waters, to the
point where the seventh standard parallel north intersects said
center of the summit of said watershed; thence east along the
said seventh standard parallel north to the point of intersection of the middle of the main channel of the Columbia river
with said seventh standard parallel north; thence down the
middle of the main channel of the Columbia river to the point
of beginning. [1899 c 95 § 1; RRS § 3928.]
36.04.050 Clallam county. Clallam county shall consist of the territory bounded as follows, to wit: Commencing
at the northwest corner of Jefferson county at a point opposite
the middle of the channel between Protection Island and Diamond Point on the west of Port Discovery Bay; thence following up the middle of said channel to a point directly east
of the mouth of Eagle creek; thence west to the mouth of
Eagle creek; thence one mile west from the mouth of said
creek; thence south to the north boundary line of township
twenty-seven north, range two west; thence west to the west
boundary of the state in the Pacific Ocean; thence northerly
along said boundary to a point marking the north terminus of
the west boundary of the state in the Pacific Ocean opposite
the Strait of Juan de Fuca; thence easterly along said Strait of
Juan de Fuca, where it forms the boundary between the state
and British possessions, to the place of beginning. [(i) 1869
p 292 § 1; 1867 p 45 § 1; 1854 p 472 § 1; RRS § 3929. (ii)
1925 ex.s. c 40 § 1; RRS § 3963-1.]
thence south on the line between ranges thirty-seven and
thirty-eight east of the Willamette Meridian, to the northwest
corner of township eight north, range thirty-eight east; thence
along the north boundary line of township eight north, range
thirty-eight east, to the northeast corner of said township;
thence due south to the line dividing the state of Washington
from the state of Oregon; thence due east on said dividing
line to the range line between ranges forty-one and forty-two
east; thence north on said range line to the corner of sections
thirteen, eighteen, nineteen and twenty-four, township ten
north, ranges forty-one and forty-two east; thence west three
miles; thence north three miles; thence west one mile; thence
north one mile; thence west one mile; thence north three
miles; thence west one mile; thence north to the southwest
corner of township twelve north, range forty-one east; thence
west on township line six miles; thence north on range line
between ranges thirty-nine and forty to a point in the midchannel of Snake river; thence down the midchannel of said
river to the place of beginning. [(i) 1 H.C. §6; 1875 p 133 §
1; RRS § 3931. (ii) 1879 p 226 § 1; RRS § 3960-1. (iii) 1881
p 175 § 1; RRS § 3936.]
36.04.050
36.04.060 Clark county. Clark county shall consist of
the territory bounded as follows, to wit: Commencing at the
Columbia river opposite the mouth of Lewis river; thence up
Lewis river to the forks of said river; thence up the north fork
of Lewis river to where said north fork of Lewis river intersects the range line between ranges four and five east; thence
due south to the Columbia river; thence with the main channel of said river to the place of beginning. [(i) 1873 p 561 §
1; 1871 p 153 § 1; 1869 p 295 § 1; RRS § 3930. (ii) 1925 ex.s.
c 51 § 1; RRS § 3930-1.]
36.04.060
36.04.070 Columbia county. Columbia county shall
consist of the territory bounded as follows, to wit: Commencing at a point in the middle of the channel of Snake
river, where the range line between ranges thirty-six and
thirty-seven east of the Willamette Meridian intersects said
point; thence south on said range line to the northwest corner
of township nine north, range thirty-seven east; thence east
on the north boundary line of township nine north, range
thirty-seven east, to the northeast corner of said township;
36.04.070
[Title 36 RCW—page 12]
36.04.080 Cowlitz county. Cowlitz county shall consist of the territory bounded as follows, to wit: Commencing
at the Columbia river opposite the mouth of Lewis river;
thence up Lewis river to the forks of said river; thence up the
north fork of Lewis river to where said north fork of Lewis
river intersects the range line between ranges four and five
east; thence north to the line between townships ten and
eleven north; thence west to the first section line east of the
range line between ranges four and five west; thence south on
said line to the Columbia river, and up the Columbia river to
the place of beginning. [1873 p 561 § 1; 1871 p 153 § 1; 1869
p 295 § 1; 1867 p 48 § 1; 1855 p 39; 1854 p 471 § 1; RRS §
3932.]
36.04.080
36.04.090 Douglas county. Douglas county shall consist of the territory bounded as follows, to wit: Beginning at
the point where the Columbia Guide Meridian intersects the
Columbia river on the northern boundary of Lincoln county;
thence running south on said Columbia Guide Meridian to
the township line between townships sixteen and seventeen
north; thence running west on said township line to the range
line between ranges twenty-seven and twenty-eight east;
thence south on said range line to the section line between
sections twenty-four and twenty-five in township fourteen
north, range twenty-seven east; thence west on said section
line to the midchannel of the Columbia river; thence up said
channel of said river to the place of beginning, excepting
therefrom the territory hereinafter constituted as Grant
county. [1883 p 95 § 1; RRS § 3933. (Grant county, 1909 c
17 § 1; RRS § 3937.)]
36.04.090
36.04.100 Ferry county. Ferry county shall consist of
the territory bounded as follows, to wit: Commencing at the
point where the east boundary line of Okanogan county intersects the Columbia river; thence up the midchannel of the
Columbia river to the mouth of Kettle river; thence up the
midchannel of Kettle river to the boundary line between the
United States and British Columbia; thence westerly along
36.04.100
(2010 Ed.)
County Boundaries
the said boundary line to the intersection thereof with the said
east boundary line of Okanogan county; thence southerly
along the said boundary line to the place of beginning. [1899
c 18 § 1; RRS § 3934.]
36.04.110 Franklin county. Franklin county shall consist of the territory bounded as follows, to wit: Beginning at
a point where the midchannel of the Snake river intersects
that of the Columbia river, and running thence up the Columbia river to a point where the section line between sections
twenty-one and twenty-eight, township fourteen north, range
twenty-seven east, Willamette Meridian, strikes the main
body of the Columbia river, on the east side of the island;
thence east on said section line to range line between ranges
twenty-seven and twenty-eight east; thence north on said
range line to the north boundary of township fourteen; thence
east on said north boundary of township fourteen to the Palouse river; thence down said river to midchannel of Snake
river; thence down Snake river to place of beginning. [1883
p 87 § 1; RRS § 3935.]
36.04.110
36.04.120 Garfield county. Garfield county shall consist of the territory bounded as follows, to wit: Commencing
at a point in the midchannel of Snake river on range line
between ranges thirty-nine and forty east, W.M.; thence on
said line south to the southwest corner of township twelve
north, range forty; thence east on township line six miles;
thence south to the southwest corner of section seven, township eleven north, range forty-one east; thence east one mile;
thence south three miles; thence east one mile; thence south
one mile; thence east one mile; thence south three miles;
thence east three miles; thence south on township line to the
Oregon line; thence due east on said line six miles to the
southwest corner of Asotin county; thence northerly following the westerly boundary of Asotin county to a point where
the same intersects the midchannel of Snake river; thence
down the said midchannel of Snake river to the point of
beginning. [1883 p 96 § 1; 1881 p 175 § 1; RRS § 3936.]
36.04.120
36.04.130 Grant county. Grant county shall consist of
the territory bounded as follows, to wit: Beginning at the
southeast corner of township seventeen north, range thirty
east of the Willamette Meridian, thence running west on the
township line between townships sixteen and seventeen to
the range line between ranges twenty-seven and twentyeight; thence south on said range line to the section line
between sections twenty-four and twenty-five in township
fourteen north, range twenty-seven east; thence west on said
section line to the midchannel of the Columbia river; thence
up the channel of the river to a point, thence at right angles to
the course of said channel to the meander corner of section
thirteen, township twenty north, range twenty-two east Willamette Meridian, and section eighteen, township twenty
north, range twenty-three east Willamette Meridian; thence
north along the range line between ranges twenty-two and
twenty-three to the northwest corner of section eighteen,
township twenty-one north, range twenty-three east Willamette Meridian; thence east one mile to the southeast corner section seven, township twenty-one, range twenty-three
east; north one mile to the northwest corner section eight,
36.04.130
(2010 Ed.)
36.04.130
township twenty-one, range twenty-three east; east one mile
to the southeast corner of section five, township twenty-one,
range twenty-three east; north one mile to the northeast corner section five, township twenty-one, range twenty-three
east; east one mile to the northeast corner of section four,
township twenty-one, range twenty-three east; north one mile
to the southeast corner section twenty-eight, township
twenty-two, range twenty-three east; east one mile to the
southeast corner section twenty-seven, township twenty-two,
range twenty-three east; north two miles to the northeast corner of section twenty-two, township twenty-two, range
twenty-three east; east one mile to the southeast corner of
section fourteen, township twenty-two, range twenty-three
east; north one mile to the southeast corner section eleven,
township twenty-two, range twenty-three east; east one mile
to the southeast corner of section twelve, township twentytwo, range twenty-three east; north two miles to the northwest corner of section six, township twenty-two north, range
twenty-four east; east sixteen miles to the northeast corner of
section three, township twenty-two north, range twenty-six
east; north six miles to the northeast corner of section three,
township twenty-three north, range twenty-six east; east one
mile to the northeast corner of section two, township twentythree north, range twenty-six east; north one mile to the
northeast corner of section thirty-five, township twenty-four
north, range twenty-six east; east one mile to the southeast
corner of section twenty-five, township twenty-four north,
range twenty-six east; north one mile to the southeast corner
of section twenty-four, township twenty-four north, range
twenty-six east; east one mile to the southeast corner of section nineteen, township twenty-four north, range twentyseven east; north one mile to the southeast corner of section
eighteen, township twenty-four north, range twenty-seven
east; east one mile to the southeast corner of section seventeen, township twenty-four north, range twenty-seven east;
north one mile to the southeast corner of section eight, township twenty-four north, range twenty-seven east; east one
mile to the southeast corner of section nine, township twentyfour north, range twenty-seven east; north one mile to the
southeast corner of section four, township twenty-four north,
range twenty-seven east; east one mile to the southeast corner
of section three, township twenty-four, range twenty-seven
east; north one mile to the northeast corner of section three,
township twenty-four, range twenty-seven east; east three
miles to the southeast corner of section thirty-one, township
twenty-five north, range twenty-eight east; north one mile to
the southeast corner of section thirty, township twenty-five
north, range twenty-eight east; east one mile to the southeast
corner of section twenty-nine, township twenty-five north,
range twenty-eight east; north three miles to the southeast
corner of section eight, township twenty-five north, range
twenty-eight east; east one mile to the southeast corner of
section nine, township twenty-five north, range twenty-eight
east; north four miles to the southeast corner of section
twenty-one, township twenty-six north, range twenty-eight
east; east one mile to the southeast corner of section twentytwo, township twenty-six north, range twenty-eight east;
north one mile to the southeast corner of section fifteen,
township twenty-six north, range twenty-eight east; east one
mile to the southeast corner of section fourteen, township
twenty-six north, range twenty-eight east; north two miles to
[Title 36 RCW—page 13]
36.04.140
Title 36 RCW: Counties
the southeast corner of section two, township twenty-six
north, range twenty-eight east; east one mile to the southeast
corner of section one, township twenty-six north, range
twenty-eight east; north two miles to the southeast corner of
section twenty-five, township twenty-seven north, range
twenty-eight east; east one mile to the southeast corner of
section thirty, township twenty-seven north, range twentynine east; north six miles to the southeast corner of section
thirty, township twenty-eight north, range twenty-nine east;
east one mile to the southeast corner of section twenty-nine,
township twenty-eight north, range twenty-nine east; north
one mile to the southeast corner of section twenty, township
twenty-eight north, range twenty-nine east; east two miles to
the southeast corner of section twenty-two, township twentyeight north, range twenty-nine east; north one mile to the
southeast corner of section fifteen, township twenty-eight
north, range twenty-nine east; east one mile to the southeast
corner of section fourteen, township twenty-eight north,
range twenty-nine east; north two miles to the southeast corner of section two, township twenty-eight north, range
twenty-nine east; east one mile to the southeast corner of section one, township twenty-eight north, range twenty-nine
east; north one mile to the northeast corner of section one,
township twenty-eight north, range twenty-nine east; thence
east along township line between townships twenty-eight and
twenty-nine to the midchannel of the Columbia river; thence
up said channel of said river to the point where the Columbia
Guide Meridian intersects said channel; thence running south
on said Columbia Guide Meridian to the place of beginning.
[1909 c 17 § 1; RRS § 3937.]
36.04.140 Grays Harbor county. Grays Harbor county
shall consist of the territory bounded as follows, to wit: Commencing at the northeast corner of Pacific county; thence
west to the west boundary of the state in the Pacific Ocean;
thence northerly along said boundary, including Gray’s Harbor, to a point opposite the mouth of Queets river; thence east
to the west boundary line of Mason county; thence south to
the northeast corner of township eighteen north, range seven
west; thence east fourteen miles to the southeast corner of
section thirty-two, township nineteen north, range four west;
thence south six miles to the southeast corner of section
thirty-two in township eighteen north, range four west;
thence east two miles to the southeast corner of section thirtyfour in the same township; thence south to a point due east of
the northeast corner of Pacific county; thence west to the
place of beginning. [(i) 1 H.C. §3; 1873 p 482 § 1; 1869 p
296 § 1; RRS § 3927. (ii) 1915 c 77 § 1; RRS § 3938. (iii)
1925 ex.s. c 40 § 1; RRS § 3963-1.]
36.04.140
36.04.150 Island county. Island county shall consist of
all of the islands known as Whidbey, Camano, Smith, Deception, Strawberry, Baby, Minor, Kalamut, and Ben Ure and
shall extend into the adjacent channels to connect with the
boundaries of adjoining counties as defined by statute. [2006
c 146 § 1; 1891 c 119 p 217 § 1; 1877 p 425 §§ 1, 2; 1869 p
292 § 1; 1868 p 68 § 1; 1867 p 46 § 1; RRS § 3939.]
36.04.150
36.04.160 Jefferson county. Jefferson county shall
consist of the territory bounded as follows, to wit: Com36.04.160
[Title 36 RCW—page 14]
mencing at the middle of the channel of Admiralty Inlet due
north of Point Wilson; thence westerly along the Strait of
Juan de Fuca to the north of Protection Island, to a point
opposite the middle of the channel between Protection Island
and Diamond Point on the west of Port Discovery Bay;
thence following up the middle of said channel to a point
direct east of the mouth of Eagle creek; thence west to the
mouth of Eagle creek; thence one mile west from the mouth
of said creek; thence south to the summit of the Olympic
range of mountains, it being the southeast corner of Clallam
county, on the north boundary line of township twenty-seven
north, range two west; thence west to the west boundary of
the state in the Pacific Ocean; thence southerly along said
west boundary to a point opposite the mouth of the Queets
river; thence east to the range line dividing ranges six and
seven west; thence north on said range line to the sixth standard parallel; thence east to the middle of the channel of
Hood Canal; thence northerly along said channel to the middle of the channel of Admiralty Inlet; thence northerly following the channel of said inlet to a point due north of Point
Wilson and place of beginning. [(i) 1 H.C. §12; 1877 p 406 §
1; 1869 p 292 § 1; RRS § 3940. (ii) 1925 ex.s. c 40 § 1; RRS
§ 3963-1.]
36.04.170 King county. King county shall consist of
the territory bounded as follows, to wit: Beginning at the
point of intersection of the center of East Passage (also
known as Admiralty Inlet) on Puget Sound and the northerly
line of the Puyallup Indian Reservation (projected northwesterly); thence southeasterly in a straight line along said northerly line of Puyallup Indian Reservation and same extended
to a point on the east line of section thirty-one, township
twenty-one, north, range four east, Willamette Meridian;
thence south along said east line of section thirty-one, township twenty-one, range four east, Willamette Meridian, to the
township line between township twenty north and township
twenty-one north (being the fifth standard parallel north);
thence east along said township line between township
twenty north and township twenty-one north to the middle of
the main channel of White river, near the northeast corner of
section three, township twenty north, range five east, Willamette Meridian; thence upstream along the middle of the
main channel of White river to the forks of White river and
Greenwater river; thence upstream along the middle of the
main channel of the Greenwater river to the forks of the
Greenwater river and Meadow creek; thence upstream along
the middle of the main channel of Meadow creek to the summit of the Cascade mountains, at a point known as Naches
Pass, said point lying in the southwest quarter of section
thirty-five, township nineteen north, range eleven east, Willamette Meridian; thence northerly along the summit of the
Cascade mountains to a point on the township line between
township twenty-six north and township twenty-seven north,
said point lying near the north quarter-corner of section three,
township twenty-six north, range thirteen east, Willamette
Meridian; thence west along said township line between
township twenty-six north and twenty-seven north to the
middle of the channel known as Admiralty Inlet on Puget
Sound; thence southerly along said middle of channel known
as Admiralty Inlet through Colvo’s Passage (West Passage)
on the west side of Vashon Island to a point due north of
36.04.170
(2010 Ed.)
County Boundaries
Point Defiance; thence southeasterly along middle of channel
between Vashon Island and Point Defiance (Dalcos Passage)
to a point due south of Quartermaster Harbor; thence northeasterly along middle of channel known as Admiralty Inlet to
point of beginning. King county is renamed in honor of the
Reverend Doctor Martin Luther King, Jr. [2005 c 90 § 1; 1
H.C. § 13; 1869 p 293 § 1; 1867 p 46 § 1; 1854 p 470 § 1;
RRS § 3941.]
Reviser’s note: Change in boundary by virtue of election in 1901 under
chapter 36.08 RCW incorporated herein.
36.04.180
36.04.180 Kitsap county. Kitsap county shall consist
of the territory bounded as follows, to wit: Commencing in
the middle of Colvo’s Passage at a point due east of the meander post between sections nine and sixteen, on west side of
Colvo’s Passage, in township twenty-two north, range two
east; thence west on the north boundary line of sections sixteen, seventeen and eighteen, to the head of Case’s Inlet;
thence north along the east boundary of Mason county
through the center of townships twenty-two and twentythree, range one west, to the north line of said township
twenty-three; thence due west to the middle of the channel of
Hood Canal; thence along said channel to the middle of the
main channel of Admiralty Inlet; thence following the main
channels of said inlet and Puget Sound up to the middle of
Colvo’s Passage; thence following the channel of said passage to the place of beginning. [1877 p 406 § 1; 1869 p 293
§ 1; 1867 p 46 § 1; 1858 p 51 § 1; RRS § 3942.]
36.04.190
36.04.190 Kittitas county. Kittitas county shall consist
of the territory bounded as follows, to wit: Commencing at a
point where the main channel of the Columbia river crosses
the township line between township fourteen and fifteen
north, range twenty-three east of the Willamette Meridian,
and running thence west on said township line to the range
line between ranges eighteen and nineteen east; thence north
on said range line six miles, or to the township line between
the townships fifteen and sixteen north; thence west on said
township line to the range line between ranges seventeen and
eighteen east; thence north to the township line between
townships sixteen and seventeen north; thence west along
said township line and a line prolonged due west to the
Naches river; and thence northerly along the main channel of
the Naches river to the summit of the Cascade mountains, or
to the eastern boundary of King county; thence north along
the eastern boundary of King county to the point where such
boundary intersects the summit of the main divide between
the waters flowing northerly and easterly into the Wenatchee
and Columbia rivers and the water flowing southerly and
westerly into the Yakima river; thence in a general southeasterly direction along the summit of such main divide between
the waters flowing northerly and easterly into the Wenatchee
and Columbia rivers and the waters flowing southerly and
westerly into the Yakima river, following the course of the
center of the summit of the watershed dividing such respective waters, to the fifth standard parallel north; thence east
along the fifth standard parallel north to the middle of the
main channel of the Columbia river; thence down the main
channel of the Columbia to the place of beginning. [1899 c
95 § 1; 1886 p 168 § 1; 1883 p 90 § 1; RRS § 3943.]
(2010 Ed.)
36.04.230
36.04.200 Klickitat county. Klickitat county shall consist of the territory bounded as follows, to wit: Commencing
at a point in the midchannel of the Columbia river opposite
the mouth of the White Salmon river; thence up the channel
of the White Salmon river as far north as the southern boundary of township four north, range ten east of Willamette
Meridian; thence due west on the township line to range nine
east of Willamette Meridian; thence north following said
range line to where it intersects the south boundary of
Yakima county projected; thence east along the north boundary of township six north until that line intersects the range
line between range twenty-three east and range twenty-four
east; thence south along such range line to the Columbia
river; thence down the Columbia river, midchannel, to the
place of beginning. [1905 c 89 § 1; 1 H.C. §17; 1881 p 187 §
1; 1873 p 571 § 1; 1869 p 296 § 1; 1868 p 60 § 1; 1867 p 49
§ 1; 1861 p 59 § 1; 1859 p 420 § 1; RRS § 3944.]
36.04.200
36.04.210 Lewis county. Lewis county shall consist of
the territory bounded as follows, to wit: Beginning at the
northwest corner of section eighteen, township fifteen north,
range five west; thence south along the west boundary of
range five west to the southwest corner of township eleven
north, range five west; thence east along the south boundary
of township eleven north to the summit of the Cascade mountains; thence northerly along said summit to a point due east
of the head of Nisqually river; thence west to the head of the
Nisqually river; thence westerly down the channel of the
river to a point two miles north of the line between townships
fourteen and fifteen north; thence west to the northwest corner of section twenty-six, township fifteen north, range four
west; thence north two miles to the northwest corner of section fourteen, township fifteen north, range four west; thence
west to place of beginning. [1 H.C. §§18, 19; 1888 p 73 § 1;
1879 p 213 § 1; 1869 p 295 § 1; 1867 p 48 § 1; 1861 p 33 § 1;
RRS § 3945.]
36.04.210
36.04.220 Lincoln county. Lincoln county shall consist
of the territory bounded as follows, to wit: Beginning at the
point in township twenty-seven north, where the Colville
Guide Meridian between ranges thirty-nine and forty east,
Willamette Meridian, intersects the Spokane river, and running thence south along said meridian line to the township
line between townships twenty and twenty-one north; thence
west along said township line to its intersection with the
Columbia Guide Meridian between ranges thirty and thirtyone east, Willamette Meridian; thence north along said
meridian line to a point where it intersects the midchannel of
the Columbia river; thence up said river in the middle of the
channel thereof to the mouth of the Spokane river; thence up
the Spokane river, in the middle of the channel thereof, to the
place of beginning. [1883 p 89 § 1; 1883 p 95 § 1; RRS §
3946.]
36.04.220
36.04.230 Mason county. Mason county shall consist
of the territory bounded as follows, to wit: Commencing in
middle of the main channel of Puget Sound where it is intersected in the midchannel of Case’s Inlet; thence westerly
along the midchannel of Puget Sound, via Dana’s Passage,
into Totten’s Inlet, and up said inlet to its intersection by section line between sections twenty-eight and twenty-nine,
36.04.230
[Title 36 RCW—page 15]
36.04.240
Title 36 RCW: Counties
township nineteen north, range three west of the Willamette
Meridian; thence south to the southwest corner of section
thirty-three in township nineteen north, range three west;
thence west along the township line dividing townships eighteen and nineteen, twenty miles, to the township line dividing
ranges six and seven west, of the Willamette Meridian, which
constitutes a part of the east boundary line of Grays Harbor
county; thence north along said township line to the sixth
standard parallel; thence east along said parallel line to the
middle of the channel of Hood Canal; thence southerly along
said midchannel to a point due west of the intersection of the
shore line of said Hood Canal by the township line between
townships twenty-three and twenty-four; thence east along
said township line to the line dividing sections three and four
in said township twenty-three north, range one west of the
Willamette Meridian; thence south along said section line to
the head of Case’s Inlet; thence south by the midchannel of
said inlet to the place of beginning. [1877 p 406 § 1; 1869 p
293 § 1; 1867 p 45 § 1; 1864 p 71 § 1; 1863 p 7 (local laws
portion) § 1; 1861 p 56 § 1; 1861 p 30 § 1; 1860 p 458 § 1;
1854 p 474 § 1; 1854 p 470 § 1; RRS § 3947.]
36.04.240
36.04.240 Okanogan county. Okanogan county shall
consist of the territory bounded as follows, to wit: Beginning
at the intersection of the forty-ninth parallel with the range
line between ranges thirty-one and thirty-two east, and from
thence running in a southerly direction on said range line to
the intersection of the said range line with the Columbia
river, and thence down the river to the seventh standard parallel north; thence west along the seventh standard parallel
north to the watershed between the waters flowing northerly
and easterly into the Methow river and the waters flowing
southerly and westerly into Lake Chelan; thence in a general
northwesterly direction along the summit of the main divide
between the waters flowing northerly and easterly into the
Methow river and the waters flowing westerly and southerly
into Lake Chelan and its tributaries; following the course of
the center of the summit of the watershed dividing said
respective waters to the point where the same intersects the
east boundary of Skagit county and the summit of the Cascade mountains; thence northerly with said summit to the
forty-ninth parallel, and thence on the said parallel to the
place of beginning. [1899 c 95 § 1; 1888 p 70 § 1; RRS §
3948.]
36.04.250
36.04.250 Pacific county. Pacific county shall consist
of the territory bounded as follows, to wit: Commencing at
the midchannel of the Columbia river at the point of intersection of the line between ranges eight and nine west; thence
north along said line to the north boundary of township ten
north; thence east along said boundary to the line between
ranges five and six west; thence north along the west boundary of range five west to the northwest corner of section eighteen in township fifteen north, range five west; thence west to
the west boundary of the state in the Pacific Ocean; thence
southerly along said boundary, including Shoalwater Bay, to
a point opposite Cape Disappointment; thence up midchannel
of the Columbia river to the place of beginning. [(i) 1879 p
213 § 1; 1873 p 538 § 1; 1867 p 49 § 1; 1860 p 429 § 1; 1854
[Title 36 RCW—page 16]
p 471 § 1; RRS § 3949. (ii) 1925 ex.s. c 40 § 1; RRS § 39631.]
36.04.260 Pend Oreille county. Pend Oreille county
shall consist of the territory bounded and described as follows, to wit: Beginning at the southeast corner of section
thirty-six in township thirty north, range forty-two east of the
Willamette Meridian; thence running north, along the east
line of said township thirty north, range forty-two east of the
Willamette Meridian, to the northeast corner of section one,
in said township thirty; thence west to the southwest corner of
section thirty-four in township thirty-one north, range fortytwo east of Willamette Meridian; thence north, along the west
line of sections thirty-four, twenty-seven and twenty-two of
said township thirty-one north, range forty-two east of Willamette Meridian; thence north on a line from the northwest
corner of section twenty-two in township thirty-one to a point
on the north line of township thirty-one, midway between the
northeast corner and the northwest corner of said township
thirty-one, which line will be the west line of sections fifteen,
ten and three of said township thirty-one, when the same are
surveyed; thence to the center point on the south line of township thirty-two north, range forty-two east of Willamette
Meridian; thence north on the north and south center line of
said township thirty-two, which line will be the west line of
sections thirty-four, twenty-seven, twenty-two, fifteen, ten,
and three of township thirty-two when the same is surveyed,
to the north line of said township thirty-two; thence to the
center point on the south line of township thirty-three north,
range forty-two east of Willamette Meridian; thence north, on
the north and south center line of township thirty-three north
of range forty-two east of Willamette Meridian, which line
will be the west line of sections thirty-four, twenty-seven,
twenty-two, fifteen, ten and three of said township thirtythree, when the same is surveyed, to the north line of said
township thirty-three; thence to the center point on the south
line of township thirty-four north, range forty-two east of
Willamette Meridian; thence north on the north and south
center line of said township thirty-four, which line will be the
west line of sections thirty-four, twenty-seven, twenty-two,
fifteen, ten and three of said township thirty-four when the
same are surveyed, to the north line of said township; thence
to the center point on the south line of township thirty-five
north, range forty-two east of Willamette Meridian; thence
north, on the north and south center line of township thirtyfive north, range forty-two east of Willamette Meridian,
which line will be the west line of sections thirty-four,
twenty-seven, twenty-two, fifteen, ten and three of said township thirty-five when the same are surveyed to the north line
of said township thirty-five; thence to the southwest corner of
section thirty-four in township thirty-six north, range fortytwo east of Willamette Meridian; thence north, along the west
line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten and three to the northwest corner of section three of
said township thirty-six; thence west along the south line of
township thirty-seven north, range forty-two, and township
thirty-seven north, range forty-one east of the Willamette
Meridian, to the center point on the south line of said township thirty-seven north, range forty-one east of the Willamette Meridian, which point will be the southwest corner of
section thirty-four in said township thirty-seven north, range
36.04.260
(2010 Ed.)
County Boundaries
forty-one east of the Willamette Meridian, when the same are
surveyed; thence north along the north and south center line
of said township thirty-seven north, range forty-one east of
the Willamette Meridian, which line will be the west line of
sections thirty-four, twenty-seven, twenty-two, fifteen, ten
and three of said township when the same are surveyed, to the
north line of said township thirty-seven; thence east, along
the south line of township thirty-eight north, range forty-one
east of Willamette Meridian to the southeast corner of said
township thirty-eight north, range forty-one east of the Willamette Meridian; thence to the southwest corner of section
thirty-one in township thirty-eight north, range forty-two east
of Willamette Meridian; thence north, along the west line of
said township thirty-eight, to the northwest corner of said
township thirty-eight; thence east along the north line of
township thirty-eight, to the center point on the south line of
township thirty-nine north, range forty-two east of Willamette Meridian, which point will be the southwest corner of
section thirty-four of said township thirty-nine when the
same are surveyed; thence north along the north and south
center line of said township thirty-nine, which line will be the
west line of sections thirty-four, twenty-seven, twenty-two,
fifteen, ten and three of said township thirty-nine, when the
same are surveyed, to the north line of said township thirtynine; thence east along the south line of township forty north,
range forty-two east, of Willamette Meridian to the southeast
corner of said township forty; thence north, along the east
line of said township forty, to the international boundary line;
thence east along the international boundary line, to the intersection of the state line between the states of Washington and
Idaho with said international boundary line; thence south
along said state line, to the southeast corner of section thirtyone, township thirty north, range forty-six east of Willamette
Meridian; thence due west to the southeast corner of section
thirty-six, township thirty north, range forty-two east of Willamette Meridian, to the place of beginning. [1911 c 28 § 1;
RRS § 3950.]
36.04.270 Pierce county. Pierce county shall consist of
the territory bounded as follows, to wit: Commencing at the
mouth, midchannel, of the Nisqually river; thence following
the main channel of said river to its head; thence due east to
the summit of the Cascade mountains; thence northerly along
the summit to the head of the Green Water; thence westerly
down said river to its confluence with White river; thence
down the main channel of White river to the intersection of
the fifth standard parallel; thence west along said line to the
southeast corner of section thirty-one, township twenty-one
north, range four east of Willamette Meridian; thence north
along the east line of said section thirty-one to its intersection
with the northerly line of the Puyallup Indian reservation;
thence northwesterly on said line of the Puyallup Indian reservation, projected northwesterly in a straight line, to its
intersection with the center line of Puget Sound; thence
southwesterly and westerly following the channel of Dalco
Passage to the south entrance of Colvo’s Passage; thence
down the channel of said passage to the northeast corner of
section sixteen, in township twenty-two north, range two
east; thence west to the northeast corner of section sixteen, in
township twenty-two north, range one west; thence southerly
along the channels of Case’s Inlet and Puget Sound, to the
36.04.270
(2010 Ed.)
36.04.310
middle of the mouth of the Nisqually river and place of
beginning. [1869 p 294 § 1; 1867 p 47 § 1; 1859 p 59 § 1;
1855 p 43 § 1; RRS § 3951.]
36.04.280 San Juan county. San Juan county shall
consist of the territory bounded as follows, to wit: Commencing in the Gulf of Georgia at the place where the boundary line between the United States and the British possessions
deflects from the forty-ninth parallel of north latitude; thence
following said boundary line through the Gulf of Georgia and
Haro Strait to the middle of the Strait of Fuca; thence easterly
through Fuca Straits along the center of the main channel
between Blunt’s Island and San Juan and Lopez Islands to a
point easterly from the west entrance of Deception Pass, until
opposite the middle of the entrance to the Rosario Straits;
thence northerly through the middle of Rosario Straits and
through the Gulf of Georgia to the place of beginning. [1877
p 425 § 1; 1873 p 461 § 1; RRS § 3952.]
36.04.280
36.04.290 Skagit county. Skagit county shall consist of
the territory bounded as follows, to wit: Commencing at
midchannel of Rosario Strait where the dividing line between
townships thirty-six and thirty-seven intersects the same;
thence east on said township line to the summit of the Cascade mountains; thence south along the summit of said
mountain range to the eighth standard parallel; thence west
along the parallel to the center of the channel or deepest channel of the nearest arm of Puget Sound and extending along
said channel to the east entrance of Deception Pass; thence
through said pass to the center of the channel of Rosario
Strait; thence northerly along said channel to the place of
beginning. [1883 p 97 § 1; RRS § 3953.]
36.04.290
36.04.300 Skamania county. Skamania county shall
consist of the territory bounded as follows, to wit: Commencing on the Columbia river at a point where range line
four east strikes said river; thence north to the north boundary
of township ten north; thence east to a point due north of the
mouth of White Salmon; thence south to the township line
dividing townships six and seven; thence west to the northwest corner of Klickitat county; thence south along the west
boundary of said county to the Columbia river; thence along
the midchannel of said river to the place of beginning. [1881
p 187 § 1; 1879 p 213 § 1; 1867 p 49 § 1; 1854 p 472 § 1; RRS
§ 3954.]
36.04.300
36.04.310 Snohomish county. Snohomish county shall
consist of the territory bounded as follows, to wit: Commencing at the southwest corner of Skagit county; thence east
along the eighth standard parallel to the summit of the Cascade mountains; thence southerly along the summit of the
Cascade mountains to the northeast corner of King county, it
being a point due east of the northeast corner of township
twenty-six north, range four east; thence due west along the
north boundary of King county to Puget Sound; thence northerly along the channel of Puget Sound and Possession Sound
to the entrance of Port Susan, including Gedney Island;
thence up the main channel of Port Susan to the mouth of the
Stillaguamish river; thence northwesterly through the channel of the slough at the head of Camano Island, known as
36.04.310
[Title 36 RCW—page 17]
36.04.320
Title 36 RCW: Counties
Davis Slough; thence northerly to the place of beginning.
[1877 p 426 § 3; 1869 p 291 § 1; 1867 p 44 § 1; 1862 p 107 §
1; 1861 p 19 § 1; RRS § 3955.]
36.04.320 Spokane county. Spokane county shall consist of the territory bounded as follows, to wit: Commencing
at the northeast corner of Lincoln county; thence up the midchannel of the Spokane river to the Little Spokane river;
thence north to the township line between townships twentynine and thirty; thence east to the boundary line between
Washington and Idaho; thence south on said boundary line to
the fifth standard parallel; thence west on said parallel to the
Colville Guide Meridian; thence north on said meridian to the
place of beginning. [1879 p 203; 1864 p 70; 1860 p 436;
1858 p 51; RRS § 3956.]
36.04.320
36.04.330 Stevens county. Stevens county shall consist
of the territory bounded as follows, to wit: Commencing at
the southeast corner of township thirty north, range forty-two
east of the Willamette Meridian; thence north to the northeast
corner of said township; thence west to the southwest corner
of section thirty-four, township thirty-one north, range fortytwo east; thence north along the center line of townships
thirty-one, thirty-two, thirty-three, thirty-four, thirty-five and
thirty-six in said range forty-two east to the northwest corner
of section three in township thirty-six north; thence west to
the northwest corner of section three, township thirty-six
north, range forty-one east; thence north along the center line
of township thirty-seven to the northwest corner of section
three in said township; thence east to the northeast corner of
said township; thence north to the northwest corner of township thirty-eight, range forty-two east; thence east to the
northwest corner of section three of said township; thence
north along the center line of township thirty-nine to the
northwest corner of section three in said township; thence
east to the northeast corner of said township; thence north to
the northern boundary line of the state; thence west to where
said boundary line intersects the middle of the channel of the
Kettle river; thence south along said channel to its confluence
with the Columbia river; thence continuing south along the
middle of the channel of the Columbia river to its confluence
with the Spokane river; thence easterly along the channel of
the Spokane to the Little Spokane river; thence north to the
township line separating townships twenty-nine and thirty;
thence east to the place of beginning. [(i) 1 H.C. §30; 1888 p
70; 1879 p 203; 1869 p 297; 1867 p 50; 1864 p 70; 1863 p 6;
RRS § 3957. (ii) 1899 c 18 § 1; RRS § 3934.]
36.04.330
36.04.340 Thurston county. Thurston county shall
consist of the territory bounded as follows, to wit: Commencing at the southeast corner of section thirty-two in township nineteen north, range four west; thence east on the township line to the southeast corner of section thirty-two in township nineteen north, range three west; thence north to the
middle of the channel of Totten’s Inlet; thence along said
channel to the waters of Puget Sound, intersecting the line in
the channel of Puget Sound west of the southern portion of
Squaxen Reservation; thence following said channel to the
mouth of the Nisqually river; thence up midchannel of said
river to a point where it strikes the north boundary of Lewis
36.04.340
[Title 36 RCW—page 18]
county; thence due west to the northwest corner of section
twenty-six, township fifteen north, range four west; thence
north to the southeast corner of section thirty-four in township eighteen north, range four west; thence west on the
township line to the southeast corner of section thirty-two;
thence north on the section line to the place of beginning. [1
H.C. §31; 1873 p 482; 1869 p 294; 1867 p 47; 1863 p 7; 1860
p 458; RRS § 3958.]
36.04.350 Wahkiakum county. Wahkiakum county
shall consist of the territory bounded as follows, to wit: Commencing at the southeast corner of Pacific county, on the
Columbia river; thence up midchannel of said river to the
southwest corner of Cowlitz county; thence north to the
northwest corner of Cowlitz county; thence west on the
northern boundary of township ten north to the line between
ranges eight and nine west; thence south to the place of
beginning. [1879 p 213; 1869 p 295; 1867 p 48; 1854 p 474;
RRS § 3959.]
36.04.350
36.04.360 Walla Walla county. Walla Walla county
shall consist of the territory bounded as follows, to wit: Commencing at a point where the boundary line between Washington and Oregon intersects the Columbia river; thence up
the main channel of the Columbia to the mouth of the Snake
river; thence up the main channel of said river to where the
range line between ranges thirty-six and thirty-seven intersects said point; thence south on said range line to the northwest corner of township nine north, range thirty-seven east;
thence east on the north boundary line of township nine
north, range thirty-seven east, to the northeast corner of said
township; thence south on the line between ranges thirtyseven and thirty-eight east, of the Willamette Meridian, to the
northwest corner of township eight north, range thirty-eight
east; thence along the north boundary line of township eight
north, range thirty-eight east, to the northeast corner of said
township; thence due south to the line dividing the state of
Washington from the state of Oregon; thence due west on
said dividing line to the place of beginning. [(i) 1 H.C. §33;
1879 p 226; 1875 p 133; 1869 p 397; 1868 p 60; 1867 p 50;
1858 p 51; 1854 p 472; RRS § 3960. (ii) 1879 p 226; RRS §
3960-1.]
36.04.360
36.04.370 Whatcom county. Whatcom county shall
consist of the territory bounded as follows, to wit: Commencing on the forty-ninth parallel at the point dividing the
American and British possessions in the Gulf of Georgia;
thence along said boundary line to where it deflects at the
north entrance to the Haro Strait; thence along the northeasterly boundary of San Juan county to the ninth standard parallel, or the northwest corner of Skagit county; thence due east
along said parallel to the summit of the Cascade mountains;
thence northerly along the summit of said mountains to the
forty-ninth parallel of north latitude; thence west along said
parallel to the place of beginning. [1 H.C. §34; 1877 p 426;
1869 p 291; 1867 p 44; 1859 p 60; 1854 p 475; RRS § 3961.]
36.04.370
36.04.380 Whitman county. Whitman county shall
consist of the territory bounded as follows, to wit: Commencing at a point where the range line between ranges
36.04.380
(2010 Ed.)
Actions to Establish Boundaries
thirty-eight and thirty-nine east intersects the fifth standard
parallel, being the northeast corner of Adams county; thence
east on said parallel to the boundary line between Idaho and
Washington; thence south on said boundary line to the midchannel of the Snake river; thence down the midchannel of
the Snake river to its intersection with the midchannel of the
Palouse river; thence north along the midchannel of the Palouse river to the point where the same intersects the range
line between ranges thirty-eight and thirty-nine east; thence
north along said range line to the place of beginning. [(i) 1
H.C. §35; 1875 p 189; 1871 p 134; RRS § 3962. (ii) 1883 p
87; RRS § 3935. (iii) 1883 p 93; RRS § 3924.]
36.05.080
may bring and maintain suit against such other adjoining
county or counties, in equity, in the superior court, to establish the location of the boundary line or lines. [1963 c 4 §
36.05.010. Prior: 1897 c 76 § 1; RRS § 3964.]
36.05.020 Noninterested judge to sit. A suit to establish county boundary lines shall be tried before a judge of the
superior court who is not a resident of a county which is a
party to such suit, or of a judicial district embracing any such
county. [1963 c 4 § 36.05.020. Prior: 1897 c 76 § 2; RRS §
3965.]
36.05.020
36.05.030 Residents of area may intervene. A majority of the voters living in the territory embracing such disputed, lost, obscure, or uncertain boundary line may, by petition, duly verified by one or more of them, intervene in the
suit, and thereupon the court shall have jurisdiction and
power, in locating and establishing the boundary line or lines,
to strike or transfer from one county to another a strip or portion of such territory not exceeding two miles in width. [1963
c 4 § 36.05.030. Prior: 1897 c 76 § 3; RRS § 3966.]
36.05.030
36.04.390 Yakima county. Yakima county shall consist of the territory bounded as follows, to wit: Commencing
at the northwest corner of township six north of range twelve
east; thence east along the north boundary of township six
north until said line intersects the range line between range
twenty-three east and range twenty-four east; thence north
along said range line to the Columbia river; thence north up
the midchannel of said river to the southeast corner of Kittitas
county; thence along the southern boundary of Kittitas
county to the summit of the Cascade mountains; thence
southerly to the southeast corner of Lewis county; thence
west along the line of said county to the northeast corner of
Skamania county; thence along the east line of Skamania
county to the line between townships six and seven north;
thence east along said line to the place of beginning. [1905 c
89 § 1; 1886 p 168; 1873 p 571; 1869 p 296; 1868 p 60; 1867
p 50; RRS § 3963.]
36.04.390
36.04.400 Survey of county boundaries. All common
boundaries and common corners of counties not adequately
marked by natural objects or lines, or by surveys lawfully
made, must be definitely established by surveys jointly made
by all the counties affected thereby, and approved by the
board of county commissioners of such counties. The cost of
making such surveys shall be apportioned equally among the
counties interested, and the board of county commissioners
shall audit the same, and the amounts shall be paid out of the
county current expense fund. [Code 1881 § 2661; RRS §
3990.]
36.04.400
Chapter 36.05 RCW
ACTIONS TO ESTABLISH BOUNDARIES
Chapter 36.05
Sections
36.05.040 Questions of fact to be determined. The
boundaries of such territory, the number of voters living
therein, and the sufficiency of such petition are questions of
fact to be determined by the court. [1963 c 4 § 36.05.040.
Prior: 1897 c 76 § 5; RRS § 3968.]
36.05.040
36.05.050 Court may establish boundary line. The
court shall have power to move or establish such boundary
line on any government section line or subdivisional line
thereof, of the section in or through which said disputed, lost,
obscure or uncertain boundary line may be located, or if such
boundary line is in unsurveyed territory, then the court shall
have power to move or establish such boundary line so it will
conform to extensions of government section lines already
surveyed in that vicinity. [1963 c 4 § 36.05.050. Prior: 1897
c 76 § 6; RRS § 3969.]
36.05.050
36.05.060 Practice in civil actions to prevail. The
practice, procedure, rules of evidence, and appeals to the
supreme court or the court of appeals applicable to civil
actions, are preserved under this chapter. [1971 c 81 § 96;
1963 c 4 § 36.05.060. Prior: 1897 c 76 § 7; RRS § 3970.]
36.05.060
Lines not to be changed by special act: State Constitution Art. 2 § 28(18).
36.05.070 Copies of decree to be filed and recorded.
The clerk of the court in whose office a decree is entered
under the provisions of this chapter, shall forthwith furnish
certified copies thereof to the secretary of state, and to the
auditors of the counties, which are parties to said suit. The
secretary of state, and the county auditors, shall file and
record said copies of the decree in their respective offices.
[1963 c 4 § 36.05.070. Prior: 1897 c 76 § 8; RRS § 3971.]
36.05.010 Suit in equity authorized—Grounds.
Whenever the boundary line between two or more adjoining
counties in this state are in dispute, or have been lost by time,
accident or any other cause, or have become obscure or
uncertain, one or more of the counties, in its corporate name,
36.05.080 "Territory" defined. The term "territory,"
as used in this chapter, means that portion of counties lying
along the boundary line and within one mile on either side
thereof. [1963 c 4 § 36.05.080. Prior: 1897 c 76 § 4; RRS §
3967.]
36.05.010
36.05.020
36.05.030
36.05.040
36.05.050
36.05.060
36.05.070
36.05.080
36.05.010
(2010 Ed.)
36.05.070
Suit in equity authorized—Grounds.
Noninterested judge to sit.
Residents of area may intervene.
Questions of fact to be determined.
Court may establish boundary line.
Practice in civil actions to prevail.
Copies of decree to be filed and recorded.
"Territory" defined.
36.05.080
[Title 36 RCW—page 19]
Chapter 36.08
Title 36 RCW: Counties
Chapter 36.08 RCW
TRANSFER OF TERRITORY WHERE CITY’S
HARBOR LIES IN TWO COUNTIES
Chapter 36.08
Sections
36.08.010
36.08.020
36.08.030
36.08.040
36.08.050
36.08.060
36.08.070
36.08.080
36.08.090
36.08.100
Petition and notice of election.
Conduct of election—Proclamation of change.
Official proceedings not disturbed by transfer.
Local officers to serve out terms.
Transferee county liable for existing debts—Exception.
Adjustment of indebtedness.
Arbitration of differences.
Expense of proceedings.
Transcript of records by county auditor.
Construction—Limitations.
36.08.010 Petition and notice of election. If a harbor,
inlet, bay, or mouth of river is embraced within two adjoining
counties, and an incorporated city is located upon the shore of
such harbor, bay, inlet, or mouth of river and it is desired to
embrace within the limits of one county, the full extent of the
shore line of the harbor, port, or bay, and the waters thereof,
together with a strip of the adjacent and contiguous upland
territory not exceeding three miles in width, to be measured
back from highwater mark, and six miles in length, and not
being at a greater distance in any part of said strip from the
courthouse in the county seat of the county to which the territory is proposed to be annexed, as such county seat and courthouse are now situated, than ten miles, a majority of the qualified electors living in such territory may petition to have the
territory stricken from the county of which it shall then be a
part, and added to and made a part of the county contiguous
thereto.
The petition shall describe with certainty the bounds and
area of the territory, with the reasons for making the change
and shall be presented to the board of county commissioners
of the county in which the territory is located, which shall
proceed to ascertain if the petition contains the requisite number of petitioners, who must be bona fide residents of the territory sought to be stricken off and transferred to the contiguous county.
If satisfied that the petition is signed by a majority of the
bona fide electors of the territory, and that there will remain
in the county from which it is taken more than four thousand
inhabitants, the board shall make an order that a special election be held within the limits of the territory described in the
petition, on a date to be named in the order.
Notices of the election shall contain a description of the
territory proposed to be transferred and the names of the
counties from and to which the transfer is intended to be
made, and shall be posted and published as required for general elections. [1963 c 4 § 36.08.010. Prior: 1891 c 144 § 1;
RRS § 3972.]
36.08.010
36.08.020 Conduct of election—Proclamation of
change. The election shall be conducted in all respects as
general elections are conducted under the laws governing
general elections, in so far as they may be applicable, except
that there shall be triplicate returns made, one to each of the
respective county auditors and another to the office of the
secretary of state. The ballots used at such election shall contain the words "for transferring territory," or "against transferring territory." The votes shall be canvassed, as by law
required, within twenty days, and if three-fifths of the votes
36.08.020
[Title 36 RCW—page 20]
cast in the territory at such election are "for transferring territory," the territory described in the petition shall become a
part of and be added to and made a part of the county contiguous thereto, and within thirty days after the canvass of the
returns of the election, the governor shall issue his or her
proclamation of the change of county lines. [2009 c 549 §
4001; 1963 c 4 § 36.08.020. Prior: 1891 c 144 § 2; RRS §
3973.]
36.08.030
36.08.030 Official proceedings not disturbed by
transfer. All assessments and collection of taxes, and all
judicial or other official proceedings commenced prior to the
governor’s proclamation transferring territory to a contiguous county, shall be continued, prosecuted, and completed in
the same manner as if no such transfer had been made. [1963
c 4 § 36.08.030. Prior: 1891 c 144 § 3; RRS § 3974.]
36.08.040
36.08.040 Local officers to serve out terms. All township, precinct, school, and road district officers within the
transferred territory shall continue to hold their respective
offices within the county to which they may be transferred
until their respective terms of office expire, and until their
successors are elected and qualified. [1963 c 4 § 36.08.040.
Prior: 1891 c 144 § 4; RRS § 3975.]
36.08.050
36.08.050 Transferee county liable for existing
debts—Exception. Every county which is thus enlarged by
territory taken from another county shall be liable for a just
proportion of the existing debts of the county from which
such territory is stricken, which proportion shall be paid by
the county to which such territory is transferred at such time
and in such manner as may be agreed upon by the boards of
county commissioners of both counties: PROVIDED, That
the county to which the territory is transferred shall not be liable for any portion of the debt of the county from which the
territory is taken, incurred in the purchase of any county
property, or the construction of any county building then in
use or under construction, which shall fall within and be
retained by the county from which the territory is taken.
[1963 c 4 § 36.08.050. Prior: 1891 c 144 § 5; RRS § 3976.]
36.08.060
36.08.060 Adjustment of indebtedness. The county
auditors of the respective counties interested in the transfer of
territory, as in this chapter provided, are constituted a board
of appraisers and adjusters, to appraise the property, both real
and personal, owned by the county from which the territory is
taken, and to adjust the indebtedness of such county with the
county to which such territory is transferred, in proportion to
the amount of taxable property within the territory taken from
the one county and transferred to the other. [1963 c 4 §
36.08.060. Prior: 1891 c 144 § 6; RRS § 3977.]
36.08.070
36.08.070 Arbitration of differences. If the board of
appraisers and adjusters do not agree on any subject, value, or
settlement, they shall choose a third person from an adjoining
county to settle their differences, and the decision thus
arrived at shall be final. [2009 c 549 § 4002; 1963 c 4 §
36.08.070. Prior: 1891 c 144 § 7; RRS § 3978.]
(2010 Ed.)
New County—Liability for Debts
36.08.080 Expense of proceedings. The expense of the
proceedings and election provided for in this chapter shall be
paid by the county to which the territory is attached. [1963 c
4 § 36.08.080. Prior: 1891 c 144 § 8; RRS § 3979.]
36.08.080
36.08.090 Transcript of records by county auditor.
The county auditor of the county to which any territory may
be transferred may take transcripts of all records, books,
papers, etc., on file in the office of the county auditor of the
county from which the territory has been transferred, which
may be necessary to perfect the records of his or her county,
and for this purpose he or she shall have access to the records
of the county from which such territory is stricken, free of
cost. [2009 c 549 § 4003; 1963 c 4 § 36.08.090. Prior: 1891
c 144 § 9; RRS § 3980.]
36.08.090
36.08.100 Construction—Limitations. Nothing in this
chapter shall be construed to authorize the annexing of territory of one county to a neighboring county, where the territory proposed to be annexed, or any part thereof, is at a
greater distance than ten miles from the courthouse in the
county seat of the county to which said territory is proposed
to be annexed, as said courthouse is now located, nor to
authorize the annexation of any territory at a greater distance
than three miles from high water mark of tide water, but such
annexation shall be strictly confined within said limits. [1963
c 4 § 36.08.100. Prior: 1891 c 144 § 10; RRS § 3981.]
36.08.100
Chapter 36.09 RCW
NEW COUNTY—LIABILITY FOR DEBTS
Chapter 36.09
(Formerly: Division of county)
Sections
36.09.010
36.09.020
36.09.035
36.09.040
36.09.050
Debts and property to be apportioned.
Procedure to settle amount charged new county—Basis of
apportionment.
Procedure to settle amount charged new county—Disagreement between auditors—Determination by third person.
Payment of indebtedness—Transfer of property.
Collection of taxes levied—Apportionment.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
New county
formation by special act allowed: State Constitution Art. 2 § 28(18).
restrictions on formation: State Constitution Art. 11 § 3.
36.09.010 Debts and property to be apportioned.
Whenever a new county shall be or shall have been organized
out of the territory which was included within the limits of
any other county or counties, the new county shall be liable
for a reasonable proportion of the debts of the county from
which it was taken, and entitled to its proportion of the property of the county. [1963 c 4 § 36.09.010. Prior: Code 1881
§ 2657; 1863 p 538 § 3; 1854 p 330 § 1; RRS § 3986.]
36.09.010
36.09.020 Procedure to settle amount charged new
county—Basis of apportionment. The auditor of the old
county shall give the auditor of the new county reasonable
notice to meet him or her on a certain day at the county seat
of the old county, or at some other convenient place, to settle
upon and fix the amount which the new county shall pay. In
doing so, they shall not charge either county with any share of
36.09.020
(2010 Ed.)
36.09.050
debts arising from the erection of public buildings, or out of
the construction of roads or bridges which shall be and
remain, after the division, within the limits of the other
county, and of the other debts they shall apportion to each
county such a share of the indebtedness as may be just and
equitable, taking into consideration the population of such
portion of territory so forming a part of the said counties
while so united, and also the relative advantages, derived
from the old county organization. [2009 c 549 § 4004; 1963
c 4 § 36.09.020. Prior: (i) Code 1881 § 2658; 1863 p 538 §
4; 1854 p 330 § 2; RRS § 3987. FORMER PART OF SECTION: 1909 c 79 § 1, part; Code 1881 § 2662, part; RRS §
3991, part. Now codified in RCW 36.09.050.]
36.09.035 Procedure to settle amount charged new
county—Disagreement between auditors—Determination by third person. In case the two auditors cannot agree,
they shall call a third person, not a citizen of either county, or
in any other manner interested, whose decision shall be binding. In case they cannot agree upon such third person, they
shall each name one and decide by lot which it shall be.
[1963 c 4 § 36.09.035. Prior: Code 1881 § 2659; 1863 p 539
§ 5; 1854 p 330 § 3; RRS § 3988.]
36.09.035
36.09.040 Payment of indebtedness—Transfer of
property. The auditor of the county indebted upon such
decision shall give to the auditor of the other county his or her
order upon the treasurer for the amount to be paid out of the
proper fund, as in other cases, and also make out a transfer of
such property as shall be assigned to either county. [2009 c
549 § 4005; 1963 c 4 § 36.09.040. Prior: Code 1881 § 2660;
1863 p 539 § 6; 1854 p 330 § 4; RRS § 3989.]
36.09.040
36.09.050 Collection of taxes levied—Apportionment. When a county is divided or the boundary is altered,
all taxes levied before the division was made or boundaries
changed, must be collected by the officers of the county in
which the territory was situated before the division or change.
And the auditor or auditors of the county or counties so
divided or having boundaries changed, shall apportion the
amount of the real property taxes so collected after division
or change of boundary to the old county or counties and the
new county or counties, in the ratio of the assessed value of
such property situated in the territory of each county or counties respectively, and the old county that may have been
divided or whose boundaries may have been changed, shall
retain all of the personal property taxes on the said tax rolls,
as compensation for cost of collection of the entire taxes:
PROVIDED, That in such accounting neither county shall be
charged with any debt or liability then existing incurred in the
purchase of any county property, or in the purchase or construction of any county buildings then in use or under construction, which shall fall within and be retained by the
county: PROVIDED FURTHER, That this shall not be construed to affect the rights of creditors: AND PROVIDED
FURTHER, That any such county property or buildings shall
be the property of and owned by the county wherein the same
is situated. In case the auditors of the interested counties are
not able to agree upon the proportion to be awarded to each
county, the same shall be determined by the judge of the
36.09.050
[Title 36 RCW—page 21]
Chapter 36.12
Title 36 RCW: Counties
superior court of the district in which all of the interested
counties are situated, if they be in one district, and have one
common judge, and if not, by the judges sitting en banc of the
superior courts of the counties involved. Said auditors shall
make said apportionment within sixty days after the creation
of any new county or the changing of boundaries of any old
county, and if they do not, within said time, agree upon said
apportionment, thereafter either or any county affected may
petition the judge or judges of any court given jurisdiction by
this section, and upon ten days’ notice to any other county
affected, the same may be brought on for hearing and summarily disposed of by said judge or judges, after allowing
each side an opportunity to be heard. [1963 c 4 § 36.09.050.
Prior: 1909 c 79 § 1; Code 1881 § 2662; RRS § 3991. Formerly RCW 36.09.020, part, 36.09.030 and 36.09.050.]
Chapter 36.12
Chapter 36.12 RCW
REMOVAL OF COUNTY SEATS
Sections
36.12.010
36.12.020
36.12.030
36.12.040
36.12.050
36.12.060
36.12.070
36.12.080
36.12.090
Petition for removal—Financial impact statement.
Requisites of petition—Submission to electors.
Notice of election—Election, how held.
Manner of voting.
Vote required—Notice of result.
Time of removal.
Notice to county clerk and secretary of state.
Failure of election—Limitation on subsequent removal election.
Limitation on successive removal elections.
County seats
location and removal: State Constitution Art. 11 § 2.
not to be changed by special act: State Constitution Art. 2 § 28(18).
36.12.010 Petition for removal—Financial impact
statement. Whenever the inhabitants of any county desire to
remove the county seat of the county from the place where it
is fixed by law or otherwise, they shall present a petition to
the board of county commissioners of their county praying
such removal, and that an election be held to determine to
what place such removal must be made. The petition shall set
forth the names of the towns or cities to which the county seat
is proposed to be removed and shall be filed at least six
months before the election. The county shall issue a statement analyzing the financial impact of the proposed removal
at least sixty days before the election. The financial impact
statement shall include, but not be limited to, an analysis of
the: (1) Probable costs to the county government involved in
relocating the county seat; (2) probable costs to county
employees as a result of relocating the county seat; and (3)
probable impact on the city or town from which the county
seat is proposed to be removed, and on the city or town where
the county seat is proposed to be relocated. [1985 c 145 § 1;
1963 c 4 § 36.12.010. Prior: 1890 p 318 § 1; RRS § 3998.]
36.12.010
36.12.030
36.12.030 Notice of election—Election, how held.
Notice of the election, clearly stating the object, shall be
given, and the election must be held and conducted, and the
returns made, in all respects in the manner prescribed by law
in regard to elections for county officers. [1963 c 4 §
36.12.030. Prior: 1890 p 318 § 3; RRS § 4000.]
36.12.040
36.12.040 Manner of voting. In voting on the question,
each voter must vote for or against the place named in the
petition. [1963 c 4 § 36.12.040. Prior: 1890 p 318 § 4; RRS
§ 4001.]
36.12.050
36.12.050 Vote required—Notice of result. When the
returns have been received and compared, and the results
ascertained by the board, if three-fifths of the legal votes cast
by those voting on the proposition are in favor of any particular place the proposition has been adopted. The board of
county commissioners must give notice of the result by posting notices thereof in all the election precincts in the county.
[1963 c 4 § 36.12.050. Prior: 1890 p 318 § 5; RRS § 4002.]
36.12.060
36.12.060 Time of removal. In the notice provided for
in RCW 36.12.050, the place selected to be the county seat of
the county must be so declared upon a day not more than
ninety days after the election. After the day named the place
chosen is the seat of the county; and the several county officers, whose offices are required by law to be kept at the county
seat, shall remove their respective offices, files, records,
office fixtures, furniture, and all public property pertaining to
their respective offices to the new county seat. [1963 c 4 §
36.12.060. Prior: 1890 p 318 § 6; RRS § 4003.]
36.12.070
36.12.070 Notice to county clerk and secretary of
state. Whenever any election has been held for change of
county seat, the notice given by the board of county commissioners showing the result thereof must be deposited in the
office of the county clerk, and a certified copy thereof transmitted to the secretary of state. [1963 c 4 § 36.12.070. Prior:
1890 p 319 § 7; RRS § 4004.]
36.12.080
36.12.080 Failure of election—Limitation on subsequent removal election. When an election has been held
and no one place receives three-fifths of all the votes cast, the
former county seat shall remain the county seat, and no second election may be held within eight years thereafter. [1985
c 145 § 2; 1963 c 4 § 36.12.080. Prior: 1890 p 319 § 8; RRS
§ 4005.]
36.12.090
36.12.020 Requisites of petition—Submission to electors. If the petition is signed by qualified voters of the county
equal in number to at least one-third of all the votes cast in the
county at the last preceding general election the board must,
at the next general election of county officers, submit the
question of removal to the electors of the county. [1963 c 4 §
36.12.020. Prior: 1890 p 318 § 2; RRS § 3999.]
36.12.020
[Title 36 RCW—page 22]
36.12.090 Limitation on successive removal elections.
When the county seat of a county has been removed by a popular vote of the people of the county, it may be again
removed, from time to time, in the manner provided by this
chapter, but no two elections to effect such removal may be
held within eight years. [1985 c 145 § 3; 1963 c 4 §
36.12.090. Prior: 1890 p 319 § 9; RRS § 4006.]
(2010 Ed.)
Classification of Counties
Chapter 36.13
Chapter 36.13 RCW
CLASSIFICATION OF COUNTIES
Sections
36.13.020
36.13.030
36.13.040
36.13.050
36.13.070
36.13.100
County census authorized.
County census authorized—Personnel—How conducted.
County census authorized—Information to be given enumerators.
County census authorized—Classification to be based on census.
County census authorized—Penalty.
Determination of population.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
36.13.020 County census authorized. The legislative
authority of any county may order a county census to be
taken of all the inhabitants of the county. The expense of such
census enumeration shall be paid from the county current
expense fund. [1991 c 363 § 44; 1977 ex.s. c 110 § 6; 1963 c
4 § 36.13.020. Prior: (i) 1923 c 177 § 1; RRS § 4200-6. (ii)
1923 c 177 § 5; RRS § 4200-10.]
Chapter 36.16
36.13.100 Determination of population. Whenever
any provision of law refers to the population of a county for
purposes of distributing funds or for any other purpose, the
population of the respective counties shall be determined by
the most recent census, population estimate by the office of
financial management, or special county census as certified
by the office of financial management. [1991 c 363 § 45;
1963 c 4 § 36.13.100. Prior: 1949 c 92 § 1; Rem. Supp. 1949
§ 4200-6a.]
36.13.100
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Population determinations, office of financial management: Chapter 43.62
RCW.
36.13.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.13.030 County census authorized—Personnel—
How conducted. For the purpose of making a county census,
the legislative authority of any county may employ one or
more suitable persons. The census shall be conducted in
accordance with standard census definitions and procedures
as specified by the office of financial management. [1979 c
151 § 37; 1977 ex.s. c 110 § 1; 1963 c 4 § 36.13.030. Prior:
1923 c 177 § 2; RRS § 4200-7.]
36.13.030
Population determinations, office of financial management: Chapter 43.62
RCW.
36.13.040 County census authorized—Information
to be given enumerators. All persons resident in the county,
having knowledge of the facts, shall give the information
required herein to any duly authorized census enumerator
when requested by him or her. [2009 c 549 § 4006; 1963 c 4
§ 36.13.040. Prior: 1923 c 177 § 4; RRS § 4200-9.]
36.13.040
36.13.050 County census authorized—Classification
to be based on census. The board of county commissioners
shall determine the population of the county based upon such
special county census. Based upon such census, it shall enter
an order declaring and fixing the population of the county in
accordance with such determination, and from and after the
entry of the order the county shall be considered and classified for all purposes according to the population thus determined. [1963 c 4 § 36.13.050. Prior: 1923 c 177 § 3; RRS §
4200-8.]
36.13.050
36.13.070 County census authorized—Penalty. Any
person violating any of the provisions of RCW 36.13.020,
36.13.030, 36.13.040, and 36.13.050, or any officer or enumerator making, assisting, or permitting any duplication of
names or making, permitting, or assisting in the enumeration
of any fictitious names or persons in taking the census, shall
be guilty of a gross misdemeanor. [1963 c 4 § 36.13.070.
Prior: 1923 c 177 § 6; RRS § 4200-11.]
36.13.070
(2010 Ed.)
Chapter 36.16
Chapter 36.16 RCW
COUNTY OFFICERS—GENERAL
Sections
36.16.010
36.16.020
36.16.030
36.16.032
36.16.040
36.16.050
36.16.060
36.16.070
36.16.087
36.16.090
36.16.100
36.16.110
36.16.115
36.16.120
36.16.125
36.16.130
36.16.136
36.16.138
36.16.139
36.16.140
Time of election.
Term of county and precinct officers.
Elective county officers enumerated.
Offices of auditor and clerk may be combined in counties with
populations of less than five thousand—Salary.
Oath of office.
Official bonds.
Place of filing oaths and bonds.
Deputies and employees.
Deputies and employees—County treasurer—Prior deeds validated.
Office space.
Offices to be open certain days and hours.
Vacancies in office.
Vacancy in partisan elective office—Appointment of acting
official.
Officers must complete business.
Elected officials—Abandonment of responsibilities—Declaratory judgment—Compensation denied during abandonment.
Group false arrest insurance for law enforcement personnel.
Liability insurance for officers and employees.
Liability insurance for officers and employees of municipal
corporations and political subdivisions authorized.
Insurance and workers’ compensation for offenders performing community restitution.
Public auction sales, where held.
Accounts, reports of to state auditor: RCW 43.09.230 through 43.09.240.
Agricultural
agents, assistants, as college employees for retirement benefit purposes:
RCW 28B.10.400.
expert, pest extermination by: RCW 17.12.060.
Air pollution control officer: RCW 70.94.170.
Assistant superintendents of schools: RCW 28A.310.020, 28A.310.230.
Board of adjustment for airport zoning: Chapter 14.12 RCW.
Board of managers, county and city tuberculosis hospital: Chapter 70.30
RCW.
Civil service for sheriff’s office, county officers to aid in carrying out: RCW
41.14.200.
Clerks, election
duties relating to
polling place regulations after closing: Chapters 29A.44 and 29A.60
RCW.
polling place regulations during voting hours: Chapter 29A.44 RCW.
generally: Chapter 29A.44 RCW.
violations by, penalties: Chapter 29A.84 RCW.
Code of ethics for municipal officers—Contract interests: Chapter 42.23
RCW.
Compensation, constitutional provision: State Constitution Art. 11 § 5
(Amendment 57).
Continuity of government act, effect as to: RCW 42.14.040, 42.14.070.
[Title 36 RCW—page 23]
36.16.010
Title 36 RCW: Counties
County administrator (public assistance): RCW 74.04.070 through
74.04.080.
Review board, county officers to assist: RCW 35.13.173.
County superintendent of schools
community center board of supervisors, superintendent as member: RCW
28A.335.270.
penalties applicable to: Chapter 28A.635 RCW.
powers and duties prescribed: Chapter 28A.310 RCW.
Sanitary officers: Chapter 70.05 RCW.
Salaried officers not to receive witness fees: RCW 42.16.020, 42.16.030.
Social security, federal, coverage includes county employees: Chapter
41.48 RCW.
Special commissioner (flood control by counties jointly): RCW 86.13.060.
Dental hygienists, licensed, county may employ: RCW 18.29.050.
State board of health measures, officers to enforce: RCW 43.20.050.
Department of revenue, to advise: Chapter 84.08 RCW.
Detention home personnel: Chapter 13.04 RCW.
Director of public health, generally: Chapter 70.08 RCW.
Supervisor of elections, duties relating to
hospital district elections: Chapter 70.44 RCW.
P.U.D. elections: RCW 54.04.060.
District health officer
generally: Chapter 70.46 RCW.
vital statistics, officer as registrar: Chapter 70.58 RCW.
Support of dependent children, officials to charge no fees in connection with:
RCW 74.20.300.
Surveyor to determine town boundaries: RCW 35.27.040.
Electrical construction violations, county officers liable—Penalty: RCW
19.29.060.
Unclaimed money and property in hands of public authority, disposition:
RCW 63.29.130.
Eligibility to hold office: RCW 42.04.020.
Vacancies in county offices, how filled: State Constitution Art. 11 § 6
(Amendment 52).
Employee safety award programs: RCW 36.32.460.
Examiner of titles: RCW 65.12.090.
Flood control activities, immunity of from liability: RCW 86.12.037.
Free transportation for public officers prohibited: State Constitution Art. 12
§ 20.
Health officer
boarding homes, officer to aid in administration of licensing laws: Chapter 18.20 RCW.
children with disabilities, education of: RCW 28A.155.030.
convention of: RCW 43.70.140.
duties relating to
certified copies of birth or death certificates: RCW 70.58.107.
child welfare agencies: Chapter 74.15 RCW.
embalmers, licensing of: Chapter 18.39 RCW.
sexually transmitted disease: Chapter 70.24 RCW.
hearing tests for pupils, officer may give: RCW 28A.210.020.
vital statistics, officer as registrar: Chapter 70.58 RCW.
water recreational facilities: Chapter 70.90 RCW.
Hospitalization and medical aid insurance for: RCW 41.04.180, 41.04.190.
Interchange of personnel with federal agency, rights preserved: RCW
41.04.140 through 41.04.170.
Juvenile probation officer, psychopathic delinquents, officer’s duties: Chapter 71.06 RCW.
Local authorities, county officer as for motor vehicle purposes: RCW
46.04.280.
Lost or uncertain boundary lines, commissioners appointed to ascertain:
RCW 58.04.030.
Military
leave for public employees: RCW 38.40.060.
personnel, apprehension and restraint: Chapter 38.38 RCW.
Misconduct of public officers: Chapter 42.20 RCW.
Moneys, use by, of official, a felony: State Constitution Art. 11 § 14.
Moneys to be deposited with treasurer: State Constitution Art. 11 § 15.
Oaths, who may administer: RCW 5.28.010.
Officers, elections, duties, terms, compensation: State Constitution Art. 11 §
5 (Amendment 57).
Payroll deductions for: RCW 41.04.020 through 41.04.036.
Probation counselors: Chapter 13.04 RCW.
Probation officer, family court, officer’s duties: RCW 26.12.070.
Property tax advisor: RCW 84.48.140.
Public bodies, meetings: Chapter 42.30 RCW.
Public hospital district superintendent: Chapter 70.44 RCW.
Public officers, terms when vacancies filled: RCW 42.12.030.
P.U.D. taxes certified to and collected by county officials: RCW 54.16.080.
Recall of: State Constitution Art. 1 §§ 33, 34 (Amendment 8).
Registration of public officer, how effectuated: RCW 42.12.020.
Retirement systems, retention of rights: Chapter 41.04 RCW.
[Title 36 RCW—page 24]
36.16.010 Time of election. The election of county and
precinct officers shall be held on the Tuesday next following
the first Monday in November, 1922; and every four years
thereafter on the Tuesday next following the first Monday in
November, and all such elective county and precinct officers
shall after midnight, June 11, 1919, be elected at the time
herein specified: PROVIDED, That if a vacancy occur during the first biennium after any such election, an election to
fill such vacancy for the unexpired term shall be held at the
next succeeding general election. [1963 c 4 § 36.16.010.
Prior: 1919 c 175 § 2; RRS § 4030.]
36.16.010
36.16.020 Term of county and precinct officers. The
term of office of all county and precinct officers shall be four
years and until their successors are elected and qualified and
assume office in accordance with *RCW 29.04.170: PROVIDED, That this section and RCW 36.16.010 shall not
apply to county commissioners. [1979 ex.s. c 126 § 26; 1963
c 4 § 36.16.020. Prior: 1959 c 216 § 2; 1919 c 175 § 1; 1886
p 101 § 2; Code 1881 § 3153; 1877 p 330 § 2; 1871 p 35 § 3;
1867 p 7 § 4; RRS § 4029.]
36.16.020
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
36.16.030 Elective county officers enumerated.
Except as provided elsewhere in this section, in every county
there shall be elected from among the qualified voters of the
county a county assessor, a county auditor, a county clerk, a
county coroner, three county commissioners, a county prosecuting attorney, a county sheriff and a county treasurer,
except that in each county with a population of less than forty
thousand no coroner shall be elected and the prosecuting
attorney shall be ex officio coroner. Whenever the population
of a county increases to forty thousand or more, the prosecuting attorney shall continue as ex officio coroner until a coroner is elected, at the next general election at which the office
of prosecuting attorney normally would be elected, and
assumes office as provided in *RCW 29.04.170. In any
county where the population has once attained forty thousand
people and a current coroner is in office and a subsequent
census indicates less than forty thousand people, the county
legislative authority may maintain the office of coroner by
36.16.030
(2010 Ed.)
County Officers—General
resolution or ordinance. If the county legislative authority has
not passed a resolution or enacted an ordinance to maintain
the office of coroner, the elected coroner shall remain in
office for the remainder of the term for which he or she was
elected, but no coroner shall be elected at the next election at
which that office would otherwise be filled and the prosecuting attorney shall be the ex officio coroner. In a county with
a population of two hundred fifty thousand or more, the
county legislative authority may replace the office of coroner
with a medical examiner system and appoint a medical examiner as specified in RCW 36.24.190. A noncharter county
may have five county commissioners as provided in RCW
36.32.010 and 36.32.055 through 36.32.0558. [1996 c 108 §
1; 1991 c 363 §§ 46, 47; 1990 c 252 § 8; 1963 c 4 §
36.16.030. Prior: 1955 c 157 § 5; prior: (i) Code 1881 §
2707; 1869 p 310 §§ 1-3; 1863 p 549 §§ 1-3; 1854 p 424 §§
1-3; RRS § 4083. (ii) Code 1881 § 2738; 1863 p 552 § 1;
1854 p 426 § 1; RRS § 4106. (iii) 1891 c 5 § 1; RRS § 4127.
(iv) 1890 p 478 § 1; 1886 p 164 § 1; 1883 p 39 § 1; Code 1881
§ 2752; 1869 p 402 § 1; 1854 p 428 § 1; RRS § 4140. (v) 1943
c 139 § 1; Code 1881 § 2766; 1863 p 557 § 1; 1854 p 434 §
1; Rem. Supp. 1949 § 4155. (vi) Code 1881 § 2775, part;
1863 p 559 § 1, part; 1854 p 436 § 1, part; RRS § 4176, part.
(vii) 1933 c 136 § 2; 1925 ex.s. c 148 § 2; RRS § 4200-2a.
(viii) 1937 c 197 § 1; 1933 c 136 § 3; 1925 ex.s. c 148 § 3;
RRS § 4200-3a. (ix) 1937 c 197 § 2; 1933 c 136 § 4; 1925
ex.s. c 148 § 4; RRS § 4200-4a. (x) 1927 c 37 § 1; 1890 p 304
§ 2; RRS § 4205-1.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.16.032 Offices of auditor and clerk may be combined in counties with populations of less than five thousand—Salary. The office of county auditor may be combined with the office of county clerk in each county with a
population of less than five thousand by unanimous resolution of the county legislative authority passed thirty days or
more prior to the first day of filing for the primary election for
county offices. The salary of such office of county clerk combined with the office of county auditor, and the salary of the
office of county auditor that is not combined with the office
of county clerk, shall be not less than ten thousand three hundred dollars. The county legislative authority of such county
is authorized to increase or decrease the salary of such office:
PROVIDED, That the legislative authority of the county shall
not reduce the salary of any official below the amount which
such official was receiving on January 1, 1973. [1991 c 363
§ 48; 1973 1st ex.s. c 88 § 1; 1972 ex.s. c 97 § 1; 1967 ex.s. c
77 § 1; 1963 c 164 § 2; 1963 c 4 § 36.16.032. Prior: 1957 c
219 § 4.]
36.16.032
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.16.040 Oath of office. Every person elected to
county office shall before he or she enters upon the duties of
his or her office take and subscribe an oath or affirmation that
he or she will faithfully and impartially discharge the duties
of his or her office to the best of his or her ability. This oath,
36.16.040
(2010 Ed.)
36.16.050
or affirmation, shall be administered and certified by an
officer authorized to administer oaths, without charge therefor. [2009 c 549 § 4007; 1963 c 4 § 36.16.040. Prior: 1955
c 157 § 6; prior: (i) Code 1881 § 2666; 1869 p 303 § 4; 1863
p 541 § 4; 1854 p 420 § 4; RRS § 4045. (ii) Code 1881 §
2708, part; 1869 p 310 § 4, part; 1863 p 549 § 4, part; 1854 p
424 § 4, part; RRS § 4084, part. (iii) 1943 c 249 § 1; Code
1881 § 2739; 1863 p 553 § 2, part; 1854 p 426 § 2; Rem.
Supp. 1943 § 4107. (iv) 1886 p 61 § 4, part; 1883 p 73 § 9,
part; Code 1881 § 2163, part; 1877 p 246 § 5, part; 1863 p
408 § 3, part; 1860 p 334 § 3, part; 1858 p 12 § 3, part; 1854
p 417 § 3, part; RRS § 4129, part. (v) 1897 c 71 § 44; 1893 c
124 § 46; Code 1881 § 2753; 1854 p 428 § 2; RRS § 4141.
(vi) Code 1881 § 2774; 1863 p 558 § 9; 1854 p 435 § 9; RRS
§ 4156. (vii) Code 1881 § 2775, part; 1863 p 559 § 1, part;
1854 p 436 § 1, part; RRS § 4176, part. (viii) Code 1881 §
2096; 1869 p 374 § 18; RRS § 4231. (ix) 1909 c 97 p 280 §
1, part; 1903 c 104 § 13, part; 1899 c 142 § 5, part; 1897 c 118
§ 30, part; 1890 p 355 § 10, part; Code 1881 § 3170, part;
RRS § 4767, part. (x) 1925 ex.s. c 130 § 55; 1891 c 140 § 46;
1890 p 548 § 50; RRS § 11138.]
Election officials, oaths of office: RCW 29A.44.490 through 29A.44.520.
Examiner of titles, oath of: RCW 65.12.090.
36.16.050
36.16.050 Official bonds. Every county official before
he or she enters upon the duties of his or her office shall furnish a bond conditioned that he or she will faithfully perform
the duties of his or her office and account for and pay over all
money which may come into his or her hands by virtue of his
or her office, and that he or she, or his or her executors or
administrators, will deliver to his or her successor safe and
undefaced all books, records, papers, seals, equipment, and
furniture belonging to his or her office. Bonds of elective
county officers shall be as follows:
(1) Assessor: Amount to be fixed and sureties to be
approved by proper county legislative authority;
(2) Auditor: Amount to be fixed at not less than ten
thousand dollars and sureties to be approved by the proper
county legislative authority;
(3) Clerk: Amount to be fixed in a penal sum not less
than double the amount of money liable to come into his or
her hands and sureties to be approved by the judge or a majority of the judges presiding over the court of which he or she is
clerk: PROVIDED, That the maximum bond fixed for the
clerk shall not exceed in amount that required for the treasurer in the same county;
(4) Coroner: Amount to be fixed at not less than five
thousand dollars with sureties to be approved by the proper
county legislative authority;
(5) Members of the proper county legislative authority:
Sureties to be approved by the county clerk and the amounts
to be:
(a) In each county with a population of one hundred
twenty-five thousand or more, twenty-five thousand dollars;
(b) In each county with a population of from seventy
thousand to less than one hundred twenty-five thousand,
twenty-two thousand five hundred dollars;
(c) In each county with a population of from forty thousand to less than seventy thousand, twenty thousand dollars;
[Title 36 RCW—page 25]
36.16.060
Title 36 RCW: Counties
(d) In each county with a population of from eighteen
thousand to less than forty thousand, fifteen thousand dollars;
(e) In each county with a population of from twelve
thousand to less than eighteen thousand, ten thousand dollars;
(f) In each county with a population of from eight thousand to less than twelve thousand, seven thousand five hundred dollars;
(g) In all other counties, five thousand dollars;
(6) Prosecuting attorney: In the amount of five thousand
dollars with sureties to be approved by the proper county legislative authority;
(7) Sheriff: Amount to be fixed and bond approved by
the proper county legislative authority at not less than five
thousand nor more than fifty thousand dollars; surety to be a
surety company authorized to do business in this state;
(8) Treasurer: Sureties to be approved by the proper
county legislative authority and the amounts to be fixed by
the proper county legislative authority at double the amount
liable to come into the treasurer’s hands during his or her
term, the maximum amount of the bond, however, not to
exceed:
(a) In each county with a population of two hundred ten
thousand or more, two hundred fifty thousand dollars;
(b) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand, two hundred thousand dollars;
(c) In each county with a population of from eighteen
thousand to less than one hundred twenty-five thousand, one
hundred fifty thousand dollars;
(d) In all other counties, one hundred thousand dollars.
The treasurer’s bond shall be conditioned that all moneys
received by him or her for the use of the county shall be paid
as the proper county legislative authority shall from time to
time direct, except where special provision is made by law
for the payment of such moneys, by order of any court, or
otherwise, and for the faithful discharge of his or her duties.
Bonds for other than elective officials, if deemed necessary by the proper county legislative authority, shall be in
such amount and form as such legislative authority shall
determine.
In the approval of official bonds, the chair may act for
the county legislative authority if it is not in session. [2010
1st sp.s. c 26 § 5; 1991 c 363 § 49; 1971 c 71 § 1; 1969 ex.s.
c 176 § 91; 1963 c 4 § 36.16.050. Prior: 1955 c 157 § 7;
prior: (i) 1895 c 53 § 1; RRS § 70. (ii) 1895 c 53 § 2, part;
RRS § 71, part. (iii) 1921 c 132 § 1, part; 1893 c 75 § 7, part;
RRS § 4046, part. (iv) Code 1881 § 2708, part; 1869 p 310 §
4, part; 1863 p 549 § 4, part; 1854 p 424 § 4, part; RRS §
4084, part. (v) 1943 c 249 § 1, part; Code 1881 § 2739, part;
1863 p 553 § 2, part; 1854 p 426 § 2, part; Rem. Supp. 1943
§ 4107, part. (vi) 1886 p 61 § 4, part; 1883 p 73 § 9, part;
Code 1881 § 2163, part; 1877 p 246 § 5, part; 1863 p 408 § 3,
part; 1860 p 334 § 3, part; 1858 p 12 § 3, part; 1854 p 417 §
3, part; RRS 4129, part. (vii) 1897 c 71 § 44, part; 1893 p 124
§ 46, part; Code 1881 § 2753, part; 1854 p 428 § 2, part; RRS
§ 4141, part. (viii) 1943 c 139 § 1, part; Code 1881 § 2766,
part; 1863 p 557 § 1, part; 1854 p 434 § 1, part; Rem. Supp.
1943 § 4155, part. (ix) Code 1881 § 2775, part; 1863 p 559 §
1, part; 1854 p 436 § 1, part; RRS § 4176, part. (x) 1909 c 97
p 280 § 1, part; 1903 c 104 § 13, part; 1899 c 142 § 5, part;
1897 c 118 § 30, part; 1890 p 355 § 10, part; Code 1881 §
[Title 36 RCW—page 26]
3170, part; RRS § 4767, part. (xi) 1890 p 35 § 5, part; RRS §
9934, part. (xii) 1925 ex.s. c 130 § 55, part; 1891 c 140 § 46,
part; 1890 p 548 § 50, part; RRS § 11138, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Auditor as registrar of titles, bond for: RCW 65.12.055.
Examiner of titles, bond: RCW 65.12.090.
Public officers, official bonds
Code of 1881, county application: RCW 42.08.010 through 42.08.050.
1890 act, county application: RCW 42.08.060 through 42.08.170.
36.16.060 Place of filing oaths and bonds. Every
county officer, before entering upon the duties of his or her
office, shall file his or her oath of office in the office of the
county auditor and his or her official bond in the office of the
county clerk: PROVIDED, That the official bond of the
county clerk, after first being recorded by the county auditor,
shall be filed in the office of the county treasurer.
Oaths and bonds of deputies shall be filed in the offices
in which the oaths and bonds of their principals are required
to be filed. [2009 c 549 § 4008; 1963 c 4 § 36.16.060. Prior:
1955 c 157 § 8; prior: (i) 1895 c 53 § 2, part; RRS § 71, part.
(ii) 1890 p 35 § 5, part; RRS § 9934, part.]
36.16.060
36.16.070 Deputies and employees. In all cases where
the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ
deputies and other necessary employees with the consent of
the board of county commissioners. The board shall fix their
compensation and shall require what deputies shall give bond
and the amount of bond required from each. The sureties on
deputies’ bonds must be approved by the board and the premium therefor is a county expense.
A deputy may perform any act which his or her principal
is authorized to perform. The officer appointing a deputy or
other employee shall be responsible for the acts of his or her
appointees upon his or her official bond and may revoke each
appointment at pleasure. [2009 c 549 § 4009; 1969 ex.s. c
176 § 92; 1963 c 4 § 36.16.070. Prior: 1959 c 216 § 3; 1957
c 219 § 2; prior: (i) Code 1881 § 2716; 1869 p 312 § 10; 1863
p 550 § 7; 1854 p 425 § 7; RRS § 4093. (ii) Code 1881 §
2741; 1863 p 553 § 4; 1854 p 427 § 4; RRS § 4108. (iii) Code
1881 § 2767, part; 1871 p 110 § 1, part; 1863 p 557 § 2, part;
1854 p 434 § 2, part; RRS § 4160, part. (iv) 1905 c 60 § 1;
RRS § 4177. (v) 1905 c 60 § 2; RRS § 4178. (vi) 1905 c 60
§ 3; RRS § 4179. (vii) 1949 c 200 § 1, part; 1945 c 87 § 1,
part; 1937 c 197 § 3, part; 1925 ex.s. c 148 § 6, part; Rem.
Supp. 1949 § 4200-5a, part. (viii) 1943 c 260 § 1; Rem.
Supp. 1943 § 4200-5b.]
36.16.070
County clerk, deputies of: Chapter 2.32 RCW.
36.16.087 Deputies and employees—County treasurer—Prior deeds validated. In all cases in which the
county treasurer of any county in the state of Washington
shall have executed a tax deed or deeds prior to February 21,
1903, either to his or her county or to any private person or
persons or corporation whomsoever, said deed or deeds shall
not be deemed invalid by reason of the county treasurer who
executed the same not having affixed a seal of office to the
same, or having affixed a seal not an official seal; nor shall
said deed or deeds be deemed invalid by reason of the fact
36.16.087
(2010 Ed.)
County Officers—General
that at the date of the execution of said deed or deeds there
was in the state of Washington no statute providing for an
official seal for the office of county treasurer. [2009 c 549 §
4010; 1963 c 4 § 36.16.087. Prior: 1903 c 15 § 2; RRS §
4126. Formerly RCW 36.16.080.]
36.16.090
36.16.090 Office space. The boards of county commissioners of the several counties of the state shall provide a suitable furnished office for each of the county officers in their
respective courthouses and may provide additional offices
elsewhere for the officers at the board’s discretion. [2009 c
105 § 1; 1963 c 4 § 36.16.090. Prior: 1893 c 82 § 1; Code
1881 § 2677; 1869 p 306 § 15; 1854 p 422 § 15; RRS § 4032.
SLC-RO-14.]
36.16.100
36.16.100 Offices to be open certain days and hours.
All county and precinct offices shall be kept open for the
transaction of business during such days and hours as the
board of county commissioners shall by resolution prescribe.
[1963 c 4 § 36.16.100. Prior: 1955 ex.s. c 9 § 2; prior: 1951
c 100 § 1; 1941 c 113 § 1, part; Rem. Supp. 1941 § 9963-1,
part.]
36.16.125
c 163 § 1; RRS § 4059; prior: Code 1881 § 2689; 1867 p 57
§ 28.]
Findings—Intent—2010 c 207: "The legislature finds that a number of
counties have moved to designate certain countywide elective offices as nonpartisan. Because the creation of these nonpartisan offices is a relatively new
occurrence, there is not a mechanism in the state Constitution or statutory
laws to fill vacancies in these offices. The legislature also finds that many
local governments have not created a mechanism for expediently filling the
vacancies. The legislature further finds the following: Political representation is an important and fundamental aspect of elective government; vacancies in elective office effectively disenfranchise portions of the state’s citizenry; vacancies in elective office can hamper or completely stall the efficient administration of all aspects of governance, including the appointment
of inferior office holders responsible for the administration of health, public
safety, and a myriad of social services; and that all of these governing functions represent public policy considerations of broad concern. Therefore, it
is the responsibility and intent of the legislature to provide a mechanism for
filling vacancies in these offices that is in keeping with the state Constitution
and current statute." [2010 c 207 § 1.]
Contingent effective date—2003 c 238: "This act takes effect January
1, 2004, if the proposed amendment to Article II, section 15 of the state Constitution (HJR 4206) is validly submitted to and is approved and ratified by
the voters at a general election held in November 2003. If the proposed
amendment is not approved and ratified, this act is void in its entirety."
[2003 c 238 § 5.] House Joint Resolution No. 4206 was approved by the voters on November 4, 2003.
36.16.115 Vacancy in partisan elective office—
Appointment of acting official. Where a vacancy occurs in
any partisan county elective office, other than a member of
the county legislative authority, the county legislative authority may appoint an employee that was serving as a deputy or
assistant in such office at the time the vacancy occurred as an
acting official to perform all necessary duties to continue normal office operations. The acting official will serve until a
successor is either elected or appointed as required by law.
This section does not apply to any vacancy occurring in a
charter county which has charter provisions inconsistent with
this section. [1981 c 180 § 3.]
36.16.115
36.16.110
36.16.110 Vacancies in office. (1) The county legislative authority in each county shall, at its next regular or special meeting after being appraised of any vacancy in any
county, township, precinct, or road district office of the
county, fill the vacancy by the appointment of some person
qualified to hold such office, and the officers thus appointed
shall hold office until the next general election, and until their
successors are elected and qualified.
(2) If a vacancy occurs in a partisan county office after
the general election in a year that the position appears on the
ballot and before the start of the next term, the term of the
successor who is of the same party as the incumbent may
commence once he or she has qualified as defined in RCW
29A.04.133 and shall continue through the term for which he
or she was elected.
(3) If a vacancy occurs in a nonpartisan county board of
commissioners elective office or nonpartisan county council
elective office, the person appointed to fill the vacancy must
be from the same legislative district, county, or county commissioner or council district as the county elective officer
whose office was vacated, and must be one of three persons
who must be nominated by the nonpartisan executive or nonpartisan chair of the board of commissioners for the county.
In case a majority of the members of the county legislative
authority do not agree upon the appointment within sixty
days after the vacancy occurs, the governor shall within thirty
days thereafter, and from the list of nominees provided for in
this section, appoint someone to fill the vacancy.
(4) If a vacancy occurs in a nonpartisan county board of
commissioners elective office or nonpartisan county council
elective office after the general election in a year that the
position appears on the ballot and before the start of the next
term, the term of the successor may commence once he or she
has qualified as defined in RCW 29A.04.133 and shall continue through the term for which he or she was elected. [2010
c 207 § 2; 2003 c 238 § 1; 1963 c 4 § 36.16.110. Prior: 1927
(2010 Ed.)
Reviser’s note: 1981 c 180 § 3 directed that this section be added to
chapter 29.18 RCW. Since this placement appears inappropriate, this section
has been codified as part of chapter 36.16 RCW.
Election of successor: RCW 42.12.040.
Filing period, special: RCW 29A.24.210.
Additional notes found at www.leg.wa.gov
36.16.120 Officers must complete business. All
county officers shall complete the business of their offices, to
the time of the expiration of their respective terms, and in
case any officer, at the close of his or her term, leaves to his
or her successor official labor to be performed, which it was
his or her duty to perform, he or she shall be liable to his or
her successor for the full value of such services. [2009 c 549
§ 4011; 1963 c 4 § 36.16.120. Prior: 1890 p 315 § 43; RRS
§ 4031.]
36.16.120
36.16.125 Elected officials—Abandonment of
responsibilities—Declaratory judgment—Compensation
denied during abandonment. The county legislative
authority of a county may cause an action to be filed in the
superior court of that county for a declaratory judgment finding that a county elected official has abandoned his or her
responsibilities by being absent from the county and failing
to perform his or her official duties for a period of at least
thirty consecutive days, but not including: (1) Absences
36.16.125
[Title 36 RCW—page 27]
36.16.130
Title 36 RCW: Counties
approved by the county legislative authority; or (2) absences
arising from leave taken for legitimate medical or disability
purposes. If such a declaratory judgment is issued, the county
official is no longer eligible to receive compensation from the
date the declaratory judgment is issued until the court issues
a subsequent declaratory judgment finding that the county
official has commenced performing his or her responsibilities. [1999 c 71 § 1.]
36.16.130 Group false arrest insurance for law
enforcement personnel. Any county may contract with an
insurance company authorized to do business in this state to
provide group false arrest insurance for its law enforcement
personnel and pursuant thereto may use such portion of its
revenues to pay the premiums therefor as the county may
determine. [1963 c 127 § 2.]
36.16.130
36.16.136 Liability insurance for officers and
employees. The board of county commissioners of each
county may purchase liability insurance with such limits as
they may deem reasonable for the purpose of protecting their
officials and employees against liability for personal or
bodily injuries and property damage arising from their acts or
omissions while performing or in good faith purporting to
perform their official duties. [1969 ex.s. c 59 § 1.]
36.16.136
36.16.138 Liability insurance for officers and
employees of municipal corporations and political subdivisions authorized. Any board of commissioners, council,
or board of directors or other governing board of any county,
city, town, school district, port district, public utility district,
water-sewer district, irrigation district, or other municipal
corporation or political subdivision is authorized to purchase
insurance to protect and hold personally harmless any of its
commissioners, council members, directors, or other governing board members, and any of its other officers, employees,
and agents from any action, claim, or proceeding instituted
against the foregoing individuals arising out of the performance, purported performance, or failure of performance, in
good faith of duties for, or employment with, such institutions and to hold these individuals harmless from any
expenses connected with the defense, settlement, or monetary
judgments from such actions, claims, or proceedings. The
purchase of such insurance for any of the foregoing individuals and the policy limits shall be discretionary with the
municipal corporation or political subdivision, and such
insurance shall not be considered to be compensation for
these individuals.
The provisions of this section are cumulative and in
addition to any other provision of law authorizing any municipal corporation or political subdivision to purchase liability
insurance. [1999 c 153 § 43; 1975 c 16 § 1.]
ers, and employees against liability for the wrongful acts of
offenders or injury or damage incurred by offenders in the
course of community restitution imposed by court order or
pursuant to RCW 13.40.080. The legislative authority of a
county may elect to treat offenders as employees and/or
workers under Title 51 RCW. [2002 c 175 § 32; 1984 c 24 §
3.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers’ compensation coverage of offenders performing community restitution: RCW 51.12.045.
36.16.140 Public auction sales, where held. Public
auction sales of property conducted by or for the county shall
be held at such places as the county legislative authority may
direct. [1991 c 363 § 50; 1991 c 245 § 3; 1965 ex.s. c 23 § 6.]
36.16.140
Reviser’s note: This section was amended by 1991 c 245 § 3 and by
1991 c 363 § 50, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Building permit—County must require payroll estimate under industrial
insurance act: RCW 51.12.070.
Public lands—Advertisement—Hours: RCW 79.11.165.
Sales of county property, where held: RCW 36.34.080.
Tax sales, where held: RCW 84.64.080, 36.35.120.
36.16.138
Liability insurance for officers and employees authorized: RCW
28A.400.360, 28B.10.660, 35.21.205, 52.12.071, 53.08.205,
54.16.095, 57.08.105, and 87.03.162.
Additional notes found at www.leg.wa.gov
36.16.139 Insurance and workers’ compensation for
offenders performing community restitution. The legislative authority of a county may purchase liability insurance in
an amount it deems reasonable to protect the county, its offic36.16.139
[Title 36 RCW—page 28]
Chapter 36.17
Chapter 36.17 RCW
SALARIES OF COUNTY OFFICERS
Sections
36.17.010
36.17.020
36.17.024
36.17.031
36.17.040
36.17.042
36.17.045
36.17.050
36.17.055
36.17.900
Salary full compensation—Compensation denied, when.
Schedule of salaries.
County commissioner and councilmember salary commissions.
Reimbursement for travel allowances and allowances in lieu of
actual expenses.
Payment of salaries of officers and employees.
Weekly or biweekly pay periods.
Deductions for contributions, payments, and dues authorized.
Salary withheld, when authorized.
Salary adjustment for county legislative authority office—Ratification and validation of preelection action.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Cemetery and morgue employees, salary of: RCW 68.52.020.
Compensation of county officials: State Constitution Art. 11 § 5 (Amendment 57).
County commissioners, compensation and/or expenses
determining towns boundaries: RCW 35.27.060.
flood control by counties jointly, duties: RCW 86.13.060.
metropolitan council member: RCW 35.58.160.
pest exterminator: RCW 17.12.060.
Department of personnel to study salaries of elective county officials: RCW
43.03.028.
36.17.010 Salary full compensation—Compensation
denied, when. The county officers of the counties of this
state shall receive a salary for the services required of them
by law, or by virtue of their office, which salary shall be full
compensation for all services of every kind and description
rendered by them. However, if the superior court issues a
declaratory judgment under RCW 36.16.125 finding that a
county officer has abandoned his or her duties, the county
officer may not be paid compensation. [1999 c 71 § 2; 1991
36.17.010
(2010 Ed.)
Salaries of County Officers
c 363 § 51; 1963 c 4 § 36.17.010. Prior: 1890 p 312 § 32;
RRS § 4210.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.17.020 Schedule of salaries. The county legislative
authority of each county or a county commissioner or councilmember salary commission which conforms with RCW
36.17.024 is authorized to establish the salaries of the elected
officials of the county. The state and county shall contribute
to the costs of the salary of the elected prosecuting attorney as
set forth in subsection (11) of this section. The annual salary
of a county elected official shall not be less than the following:
(1) In each county with a population of one million or
more: Auditor, clerk, treasurer, sheriff, members of the
county legislative authority, and coroner, eighteen thousand
dollars; and assessor, nineteen thousand dollars;
(2) In each county with a population of from two hundred ten thousand to less than one million: Auditor, seventeen thousand six hundred dollars; clerk, seventeen thousand
six hundred dollars; treasurer, seventeen thousand six hundred dollars; sheriff, nineteen thousand five hundred dollars;
assessor, seventeen thousand six hundred dollars; members
of the county legislative authority, nineteen thousand five
hundred dollars; and coroner, seventeen thousand six hundred dollars;
(3) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand: Auditor, sixteen thousand dollars; clerk, sixteen thousand dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand six hundred dollars; assessor, sixteen
thousand dollars; members of the county legislative authority, seventeen thousand six hundred dollars; and coroner, sixteen thousand dollars;
(4) In each county with a population of from seventy
thousand to less than one hundred twenty-five thousand:
Auditor, fourteen thousand nine hundred dollars; clerk, fourteen thousand nine hundred dollars; treasurer, fourteen thousand nine hundred dollars; assessor, fourteen thousand nine
hundred dollars; sheriff, fourteen thousand nine hundred dollars; members of the county legislative authority, fourteen
thousand nine hundred dollars; and coroner, fourteen thousand nine hundred dollars;
(5) In each county with a population of from forty thousand to less than seventy thousand: Auditor, thirteen thousand eight hundred dollars; clerk, thirteen thousand eight
hundred dollars; treasurer, thirteen thousand eight hundred
dollars; assessor, thirteen thousand eight hundred dollars;
sheriff, thirteen thousand eight hundred dollars; members of
the county legislative authority, thirteen thousand eight hundred dollars; and coroner, thirteen thousand eight hundred
dollars;
(6) In each county with a population of from eighteen
thousand to less than forty thousand: Auditor, twelve thousand one hundred dollars; clerk, twelve thousand one hundred dollars; treasurer, twelve thousand one hundred dollars;
sheriff, twelve thousand one hundred dollars; assessor,
twelve thousand one hundred dollars; and members of the
county legislative authority, eleven thousand dollars;
36.17.020
(2010 Ed.)
36.17.020
(7) In each county with a population of from twelve
thousand to less than eighteen thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred
dollars; treasurer, ten thousand one hundred dollars; assessor,
ten thousand one hundred dollars; sheriff, eleven thousand
two hundred dollars; and members of the county legislative
authority, nine thousand four hundred dollars;
(8) In each county with a population of from eight thousand to less than twelve thousand: Auditor, ten thousand one
hundred dollars; clerk, ten thousand one hundred dollars;
treasurer, ten thousand one hundred dollars; assessor, ten
thousand one hundred dollars; sheriff, eleven thousand two
hundred dollars; and members of the county legislative
authority, seven thousand dollars;
(9) In each county with a population of from five thousand to less than eight thousand: Auditor, nine thousand one
hundred dollars; clerk, nine thousand one hundred dollars;
treasurer, nine thousand one hundred dollars; assessor, nine
thousand one hundred dollars; sheriff, ten thousand five hundred dollars; and members of the county legislative authority,
six thousand five hundred dollars;
(10) In each other county: Auditor, nine thousand one
hundred dollars; clerk, nine thousand one hundred dollars;
treasurer, nine thousand one hundred dollars; sheriff, ten
thousand five hundred dollars; assessor, nine thousand one
hundred dollars; and members of the county legislative
authority, six thousand five hundred dollars;
(11) The state of Washington shall contribute an amount
equal to one-half the salary of a superior court judge towards
the salary of the elected prosecuting attorney. Upon receipt
of the state contribution, a county shall continue to contribute
towards the salary of the elected prosecuting attorney in an
amount that equals or exceeds that contributed by the county
in 2008. [2008 c 309 § 2; 2001 c 73 § 3; 1994 sp.s. c 4 § 1;
1991 c 363 § 52; 1973 1st ex.s. c 88 § 2; 1971 ex.s. c 237 § 1;
1969 ex.s. c 226 § 1; 1967 ex.s. c 77 § 2; 1967 c 218 § 3; 1963
c 164 § 1; 1963 c 4 § 36.17.020. Prior: 1957 c 219 § 3; prior:
(i) 1953 c 264 § 1; 1949 c 200 § 1, part; 1945 c 87 § 1, part;
1937 c 197 § 3, part; 1933 c 136 § 6, part; 1925 ex.s. c 148 §
6, part; 1919 c 168 § 2, part; Rem. Supp. 1949 § 4200-5a,
part. (ii) 1921 c 184 § 2; RRS § 4203.]
Findings—2008 c 309: "The legislature finds that an elected county
prosecuting attorney functions as both a state officer in pursuing criminal
cases on behalf of the state of Washington, and as a county officer who acts
as civil counsel for the county, and provides services to school districts and
lesser taxing districts by statute.
The elected prosecuting attorney’s dual role as a state officer and a
county officer is reflected in various provisions of the state Constitution and
within state statute.
The legislature finds that the responsibilities and decisions required of
the elected prosecuting attorney are essentially the same in every county
within Washington state, from a decision to seek the death penalty in an
aggravated murder case, to the decision not to prosecute but refer an offender
to drug court; from a decision to pursue child rape charges based solely upon
the testimony of the child, to a decision to divert juvenile offenders out of the
justice system. Therefore, the legislature finds that elected prosecuting attorneys need to exercise the same level of skill and expertise in the least populous county as in the most populous county.
The legislature finds that the salary of the elected county prosecuting
attorney should be tied to that of a superior court judge. This furthers the
state’s interests and responsibilities under the state Constitution, and is consistent with the current practice of several counties in Washington state, the
practices of several other states, and the national district attorneys’ association national standards." [2008 c 309 § 1.]
[Title 36 RCW—page 29]
36.17.024
Title 36 RCW: Counties
Effective date—2008 c 309: "This act takes effect July 1, 2008." [2008
c 309 § 3.]
Findings—Intent—Severability—2001 c 73: See notes following
RCW 35.21.015.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Counties with populations of less than five thousand, combined office of
auditor and clerk, salary: RCW 36.16.032.
Additional notes found at www.leg.wa.gov
36.17.024 County commissioner and councilmember
salary commissions. (1) Salaries for county commissioners
and councilmembers may be set by county commissioner and
councilmember salary commissions established by ordinance
or resolution of the county legislative authority and in conformity with this section.
(2) Commissions established under subsection (1) of this
section shall be known as the (Insert name of county) county
citizens’ commission on salaries for elected officials. Each
commission shall consist of ten members appointed by the
county commissioner or executive with the approval of the
county legislative authority, or by a majority vote of the
county legislative authority if there is no single county commissioner or executive, as provided in this section.
(a) Six of the ten commission members shall be selected
by lot by the county auditor from among those registered voters eligible to vote at the time persons are selected for
appointment to full terms on the commission under (c) of this
subsection. In noncharter counties, the county auditor shall
select two commission members living in each commissioner’s district. The county auditor shall establish policies
and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those
for notifying persons selected and for providing a new selection from a commissioner’s district if a person selected from
the district declines appointment to the commission or if, following the person’s appointment, the person’s position on the
commission becomes vacant before the end of the person’s
term of office.
(b) The remaining four of the ten commission members
must be residents of the county and shall be appointed by the
county commissioner or executive with approval of the
county legislative authority, or by a majority vote of the
county legislative authority if there is no single county commissioner or executive. The persons selected under this subsection shall have had experience in the field of personnel
management. Of these four members, one shall be selected
from each of the following four sectors in the county: Business, professional personnel management, legal profession,
and organized labor.
(c) If there is a single county commissioner or executive,
the county auditor shall forward the names of persons
selected under (a) of this subsection to the county commissioner or executive who shall appoint these persons to the
commission.
(d) No person may be appointed to more than two terms.
No member of the commission may be removed by the
county commissioner or executive, or county legislative
authority if there is no single county commissioner or executive, during his or her term of office unless for cause of inca36.17.024
[Title 36 RCW—page 30]
pacity, incompetence, neglect of duty, or malfeasance in
office, or for a disqualifying change of residence.
(e) The members of the commission may not include any
officer, official, or employee of the county or any of their
immediate family members. "Immediate family member" as
used in this subsection means the parents, spouse, siblings,
children, or dependent relatives of the officer, official, or
employee, whether or not living in the household of the
officer, official, or employee.
(f) Upon a vacancy in any position on the commission, a
successor shall be selected and appointed to fill the unexpired
term. The selection and appointment shall be concluded
within thirty days of the date the position becomes vacant and
shall be conducted in the same manner as for the original
appointment.
(3) Any change in salary shall be filed by the commission with the county auditor and shall become effective and
incorporated into the county budget without further action of
the county legislative authority or salary commission.
(4) Salary increases established by the commission shall
be effective as to county commissioners and all members of
the county legislative authority, regardless of their terms of
office.
(5) Salary decreases established by the commission shall
become effective as to incumbent county commissioners and
councilmembers at the commencement of their next subsequent terms of office.
(6) Salary increases and decreases shall be subject to referendum petition by the people of the county in the same
manner as a county ordinance upon filing of such petition
with the county auditor within thirty days after filing of the
salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into
effect until approved by vote of the people.
(7) Referendum measures under this section shall be submitted to the voters of the county at the next following general or municipal election occurring thirty days or more after
the petition is filed, and shall be otherwise governed by the
provisions of the state Constitution and laws generally applicable to referendum measures.
(8) The action fixing the salary of a county commissioner or councilmember by a commission established in
conformity with this section shall supersede any other provision of state statute or county ordinance related to municipal
budgets or to the fixing of salaries of county commissioners
and councilmembers.
(9) Salaries for county commissioners and councilmembers established under an ordinance or resolution of the
county legislative authority in existence on July 22, 2001,
that substantially complies with this section shall remain in
effect unless and until changed in accordance with such charter provision or ordinance. [2001 c 73 § 5.]
Findings—Intent—Severability—2001 c 73: See notes following
RCW 35.21.015.
36.17.031 Reimbursement for travel allowances and
allowances in lieu of actual expenses.
See RCW
42.24.090.
36.17.031
36.17.040 Payment of salaries of officers and employees. The salaries of county officers and employees of coun36.17.040
(2010 Ed.)
Fees of County Officers
ties other than counties with a population of less than five
thousand may be paid twice monthly out of the county treasury, and the county auditor, for services rendered from the
first to the fifteenth day, inclusive, may, not later than the last
day of the month, draw a warrant upon the county treasurer in
favor of each of such officers and employees for the amount
of salary due him or her, and such auditor, for services rendered from the sixteenth to the last day, inclusive, may similarly draw a warrant, not later than the fifteenth day of the following month, and the county legislative authority, with the
concurrence of the county auditor, may enter an order on the
record journal empowering him or her so to do: PROVIDED,
That if the county legislative authority does not adopt the
semimonthly pay plan, it, by resolution, shall designate the
first pay period as a draw day. Not more than forty percent of
said earned monthly salary of each such county officer or
employee shall be paid to him or her on the draw day and the
payroll deductions of such officer or employee shall not be
deducted from the salary to be paid on the draw day. If officers and employees are paid once a month, the draw day shall
not be later than the last day of each month. The balance of
the earned monthly salary of each such officer or employee
shall be paid not later than the fifteenth day of the following
month.
In counties with a population of less than five thousand
salaries shall be paid monthly unless the county legislative
authority by resolution adopts the foregoing draw day procedure. [1991 c 363 § 53; 1988 c 281 § 9; 1963 c 4 § 36.17.040.
Prior: 1959 c 300 § 1; 1953 c 37 § 1; 1890 p 314 § 37; RRS
§ 4220.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.17.042
36.17.042 Weekly or biweekly pay periods. In addition to the pay periods permitted under RCW 36.17.040,
counties may pay county officers and employees using the
following methods:
(1) The legislative authority of any county may establish
a weekly or biweekly pay period where county officers and
employees receive their compensation not later than seven
days following the end of each pay period for services rendered during that pay period, except as authorized under subsection (3) of this section.
(2) In a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW, the county legislative authority may establish a weekly or biweekly pay period where the
county officers and employees receive their compensation
not later than thirteen days following the end of each pay
period for services rendered during that pay period.
(3) The legislative authority of any county that currently
uses a semimonthly pay period under RCW 36.17.040 may
adopt a biweekly pay period. In such counties, county officers and employees shall receive their compensation not later
than thirteen days following the end of each pay period for
services rendered during that pay period. [2009 c 239 § 1;
1995 c 38 § 3; 1994 c 301 § 5; 1977 c 42 § 1.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Chapter 36.18
36.17.045 Deductions for contributions, payments,
and dues authorized. Employees of the counties shall have
the right to voluntarily authorize the monthly deduction of
their pledges to the United Good Neighbor or its successor,
monthly payment to a credit union as defined in RCW
31.12.005, and monthly dues to a labor union, from their salaries or wages. When such written authorization is received
by the county auditor, he or she shall make such monthly
deduction. [2009 c 337 § 1; 1963 c 164 § 3.]
36.17.045
36.17.050 Salary withheld, when authorized. If the
superior court issues a declaratory judgment under RCW
36.16.125 finding that a county officer has abandoned his or
her duties, the county officer may not be paid a salary. [2009
c 337 § 2; 1999 c 71 § 3; 1963 c 4 § 36.17.050. Prior: 1890
p 314 § 38; RRS § 4221.]
36.17.050
36.17.055 Salary adjustment for county legislative
authority office—Ratification and validation of preelection action. See RCW 36.40.205.
36.17.055
36.17.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 81.]
36.17.900
Chapter 36.18
Chapter 36.18 RCW
FEES OF COUNTY OFFICERS
Sections
36.18.005
36.18.010
36.18.012
36.18.014
36.18.016
36.18.018
36.18.020
36.18.022
36.18.025
36.18.030
36.18.040
36.18.045
36.18.050
36.18.060
36.18.070
36.18.080
36.18.090
36.18.160
36.18.170
36.18.180
36.18.190
Definitions.
Auditor’s fees.
Various fees collected—Division with state.
Fees—Division with county law library—Petition for emancipation for minors.
Various fees collected—Not subject to division.
Fees to state court, administrative office of the courts—Appellate review fee and surcharge—Variable fee for copies and
reports.
Clerk’s fees, surcharges.
Filing fees may be waived—When.
Portion of filing fees to be remitted to state treasurer.
Coroner’s fees.
Sheriff’s fees.
Treasurer’s fees.
Fees in special cases.
Fees payable in advance—Exception.
Single mileage chargeable when.
Fee schedule to be kept posted.
Itemized receipt to be given.
Penalty for taking illegal fees.
Penalty for failure to pay over fees.
Office to be declared vacant on conviction.
Collection of unpaid financial obligations—Collection contracts—Interest to collection agencies authorized.
[Title 36 RCW—page 31]
36.18.005
Title 36 RCW: Counties
36.18.005 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Recording officer" means the county auditor, or in
charter counties the county official charged with the responsibility for recording instruments in the county records.
(2) "File," "filed," or "filing" means the act of delivering
an instrument to the auditor or recording officer for recording
into the official public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or
microfilm storage used by the auditor or recording officer
after filing to incorporate the instrument into the public
records.
(4) "Multiple transactions" means a document that contains two or more titles and/or two or more transactions
requiring multiple indexing. [1999 c 233 § 2; 1991 c 26 § 1.]
36.18.005
Additional notes found at www.leg.wa.gov
36.18.010 Auditor’s fees. County auditors or recording
officers shall collect the following fees for their official services:
(1) For recording instruments, for the first page eight and
one-half by fourteen inches or less, five dollars; for each
additional page eight and one-half by fourteen inches or less,
one dollar. The fee for recording multiple transactions contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW
65.04.050 as follows: The fee for each title or transaction is
the same fee as the first page of any additional recorded document; the fee for additional pages is the same fee as for any
additional pages for any recorded document; the fee for the
additional pages may be collected only once and may not be
collected for each title or transaction;
(2) For preparing and certifying copies, for the first page
eight and one-half by fourteen inches or less, three dollars;
for each additional page eight and one-half by fourteen inches
or less, one dollar;
(3) For preparing noncertified copies, for each page eight
and one-half by fourteen inches or less, one dollar;
(4) For administering an oath or taking an affidavit, with
or without seal, two dollars;
(5) For issuing a marriage license, eight dollars, (this fee
includes taking necessary affidavits, filing returns, indexing,
and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use
and support of the prevention of child abuse and neglect
activities to be transmitted monthly to the state treasurer and
deposited in the state general fund plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and
deposited in the state general fund. The legislature intends to
appropriate an amount at least equal to the revenue generated
by this fee for the purposes of the displaced homemaker act,
chapter 28B.04 RCW;
(6) For searching records per hour, eight dollars;
(7) For recording plats, fifty cents for each lot except
cemetery plats for which the charge shall be twenty-five cents
per lot; also one dollar for each acknowledgment, dedication,
and description: PROVIDED, That there shall be a minimum
fee of twenty-five dollars per plat;
36.18.010
[Title 36 RCW—page 32]
(8) For recording of miscellaneous records not listed
above, for the first page eight and one-half by fourteen inches
or less, five dollars; for each additional page eight and onehalf by fourteen inches or less, one dollar;
(9) For modernization and improvement of the recording
and indexing system, a surcharge as provided in RCW
36.22.170;
(10) For recording an emergency nonstandard document
as provided in RCW 65.04.047, fifty dollars, in addition to all
other applicable recording fees;
(11) For recording instruments, a two-dollar surcharge to
be deposited into the Washington state heritage center
account created in RCW 43.07.129;
(12) For recording instruments, a surcharge as provided
in RCW 36.22.178; and
(13) For recording instruments, except for documents
recording a birth, marriage, divorce, or death or any documents otherwise exempted from a recording fee under state
law, a surcharge as provided in RCW 36.22.179. [2007 c 523
§ 2. Prior: 2005 c 484 § 19; 2005 c 374 § 1; 2002 c 294 § 3;
1999 c 233 § 3; 1996 c 143 § 1; 1995 c 246 § 37; 1991 c 26 §
2; prior: 1989 c 304 § 1; 1989 c 204 § 6; 1987 c 230 § 1; 1985
c 44 § 2; 1984 c 261 § 4; 1982 1st ex.s. c 15 § 7; 1982 c 4 §
12; 1977 ex.s. c 56 § 1; 1967 c 26 § 8; 1963 c 4 § 36.18.010;
prior: 1959 c 263 § 6; 1953 c 214 § 2; 1951 c 51 § 4; 1907 c
56 § 1, part, p 92; 1903 c 151 § 1, part, p 295; 1893 c 130 § 1,
part, p 423; Code 1881 § 2086, part, p 358; 1869 p 369 § 3;
1865 p 94 § 1; part; 1863 p 391 § 1, part, p 394; 1861 p 34 §
1, part, p 37; 1854 p 368 § 1, part, p 371; RRS §§ 497, part,
4105.]
Effective date—2007 c 523 § 2: "Section 2 of this act takes effect January 1, 2008." [2007 c 523 § 8.]
Contingency—2007 c 523: See note following RCW 43.07.128.
Findings—Conflict with federal requirements—Effective date—
2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
Findings—2002 c 294: See note following RCW 36.22.178.
Findings—1989 c 204: See note following RCW 36.22.160.
Family court funding, marriage license fee increase authorized: RCW
26.12.220.
Additional notes found at www.leg.wa.gov
36.18.012 Various fees collected—Division with
state. (1) Revenue collected under this section is subject to
division with the state.
(2) The party filing a transcript or abstract of judgment
or verdict from a United States court held in this state, or
from the superior court of another county or from a district
court in the county of issuance, shall pay at the time of filing
a fee of twenty dollars.
(3) The clerk shall collect a fee of twenty dollars for: Filing a document not related to or a part of a proceeding, civil
or criminal, or a probate matter, required or permitted to be
filed in the clerk’s office for which no other charge is provided by law.
(4) If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW,
the plaintiff shall pay before proceeding with the unlawful
detainer action one hundred twelve dollars.
(5) Any party filing a counterclaim, cross-claim, or thirdparty claim in an unlawful detainer action under chapter
59.18 or 59.20 RCW shall pay the equivalent to the total fil36.18.012
(2010 Ed.)
Fees of County Officers
ing fee of an unlawful detainer action pursuant to RCW
36.18.020, including the fee for an unlawful detainer answer
pursuant to subsection (4) of this section.
(6) For a restrictive covenant for filing a petition to strike
discriminatory provisions in real estate under RCW
49.60.227 a fee of twenty dollars must be charged.
(7) A fee of twenty dollars must be charged for filing a
will only, when no probate of the will is contemplated.
(8) A fee of twenty dollars must be charged for filing a
petition, written agreement, or written memorandum in a
nonjudicial probate dispute under RCW 11.96A.220, if it is
filed within an existing case in the same court.
(9) A fee of thirty-five dollars must be charged for filing
a petition regarding a common law lien under RCW
60.70.060.
(10) For the filing of a tax warrant for unpaid taxes or
overpayment of benefits by any agency of the state of Washington, a fee of five dollars on or after July 22, 2001, and for
the filing of such a tax warrant or overpayment of benefits on
or after July 1, 2003, a fee of twenty dollars, of which fortysix percent of the first five dollars is directed to the state general fund. [2009 c 479 § 20; 2009 c 417 § 1; 2006 c 192 § 1;
2005 c 457 § 17; 2001 c 146 § 1; 1999 c 42 § 634; 1996 c 211
§ 1; 1995 c 292 § 12.]
Reviser’s note: This section was amended by 2009 c 417 § 1 and by
2009 c 479 § 20, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2005 c 457: See note following RCW 43.08.250.
Additional notes found at www.leg.wa.gov
36.18.014 Fees—Division with county law library—
Petition for emancipation for minors. (1) Revenue collected under this section is subject to division with the county
law library under RCW 27.24.070.
(2) For filing a petition for emancipation for minors as
required under RCW 13.64.020 a fee up to fifty dollars must
be collected. [1995 c 292 § 13.]
36.18.014
36.18.016 Various fees collected—Not subject to division. (1) Revenue collected under this section is not subject
to division under RCW 36.18.025 or 27.24.070.
(2)(a) For the filing of a petition for modification of a
decree of dissolution or paternity, within the same case as the
original action, and any party filing a counterclaim, crossclaim, or third-party claim in any such action, a fee of thirtysix dollars must be paid.
(b) The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity
of marriage shall pay, at the time and in addition to the filing
fee required under RCW 36.18.020, a fee of thirty dollars.
The clerk of the superior court shall transmit monthly twentyfour dollars of the thirty-dollar fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining six dollars shall be
retained by the county for the purpose of supporting community-based services within the county for victims of domestic
violence, except for five percent of the six dollars, which may
be retained by the court for administrative purposes.
36.18.016
(2010 Ed.)
36.18.016
(3)(a) The party making a demand for a jury of six in a
civil action shall pay, at the time, a fee of one hundred
twenty-five dollars; if the demand is for a jury of twelve, a fee
of two hundred fifty dollars. If, after the party demands a jury
of six and pays the required fee, any other party to the action
requests a jury of twelve, an additional one hundred twentyfive dollar fee will be required of the party demanding the
increased number of jurors.
(b) Upon conviction in criminal cases a jury demand
charge of one hundred twenty-five dollars for a jury of six, or
two hundred fifty dollars for a jury of twelve may be imposed
as costs under RCW 10.46.190.
(4) For preparing a certified copy of an instrument on file
or of record in the clerk’s office, for the first page or portion
of the first page, a fee of five dollars, and for each additional
page or portion of a page, a fee of one dollar must be charged.
For authenticating or exemplifying an instrument, a fee of
two dollars for each additional seal affixed must be charged.
For preparing a copy of an instrument on file or of record in
the clerk’s office without a seal, a fee of fifty cents per page
must be charged. When copying a document without a seal
or file that is in an electronic format, a fee of twenty-five
cents per page must be charged. For copies made on a compact disc, an additional fee of twenty dollars for each compact disc must be charged.
(5) For executing a certificate, with or without a seal, a
fee of two dollars must be charged.
(6) For a garnishee defendant named in an affidavit for
garnishment and for a writ of attachment, a fee of twenty dollars must be charged.
(7) For filing a supplemental proceeding, a fee of twenty
dollars must be charged.
(8) For approving a bond, including justification on the
bond, in other than civil actions and probate proceedings, a
fee of two dollars must be charged.
(9) For the issuance of a certificate of qualification and a
certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of five dollars.
(10) For the preparation of a passport application, the
clerk may collect an execution fee as authorized by the federal government.
(11) For clerk’s services such as performing historical
searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to
exceed thirty dollars per hour.
(12) For processing ex parte orders, the clerk may collect
a fee of thirty dollars.
(13) For duplicated recordings of court’s proceedings
there must be a fee of ten dollars for each audio tape and
twenty-five dollars for each video tape or other electronic
storage medium.
(14) For registration of land titles, Torrens Act, under
RCW 65.12.780, a fee of twenty dollars must be charged.
(15) For the issuance of extension of judgment under
RCW 6.17.020 and chapter 9.94A RCW, a fee of two hundred dollars must be charged. When the extension of judgment is at the request of the clerk, the two hundred dollar
charge may be imposed as court costs under RCW 10.46.190.
(16) A facilitator surcharge of up to twenty dollars must
be charged as authorized under RCW 26.12.240.
[Title 36 RCW—page 33]
36.18.018
Title 36 RCW: Counties
(17) For filing a water rights statement under RCW
90.03.180, a fee of twenty-five dollars must be charged.
(18) For filing a claim of frivolous lien under RCW
60.04.081, a fee of thirty-five dollars must be charged.
(19) For preparation of a change of venue, a fee of
twenty dollars must be charged by the originating court in
addition to the per page charges in subsection (4) of this section.
(20) A service fee of five dollars for the first page and
one dollar for each additional page must be charged for
receiving faxed documents, pursuant to Washington state
rules of court, general rule 17.
(21) For preparation of clerk’s papers under RAP 9.7, a
fee of fifty cents per page must be charged.
(22) For copies and reports produced at the local level as
permitted by RCW 2.68.020 and supreme court policy, a
variable fee must be charged.
(23) Investment service charge and earnings under RCW
36.48.090 must be charged.
(24) Costs for nonstatutory services rendered by clerk by
authority of local ordinance or policy must be charged.
(25) For filing a request for mandatory arbitration, a filing fee may be assessed against the party filing a statement of
arbitrability not to exceed two hundred twenty dollars as
established by authority of local ordinance. This charge shall
be used solely to offset the cost of the mandatory arbitration
program.
(26) For filing a request for trial de novo of an arbitration
award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged.
(27) A public agency may not charge a fee to a law
enforcement agency, for preparation, copying, or mailing of
certified copies of the judgment and sentence, information,
affidavit of probable cause, and/or the notice of requirement
to register, of a sex offender convicted in a Washington court,
when such records are necessary for risk assessment, preparation of a case for failure to register, or maintenance of a sex
offender’s registration file.
(28) For the filing of a will or codicil under the provisions of chapter 11.12 RCW, a fee of twenty dollars must be
charged.
(29) For the collection of unpaid legal financial obligations, the clerk may impose an annual fee of up to one hundred dollars, pursuant to RCW 9.94A.780.
(30) A surcharge of up to twenty dollars may be charged
in dissolution and legal separation actions as authorized by
RCW 26.12.260.
The revenue to counties from the fees established in this
section shall be deemed to be complete reimbursement from
the state for the state’s share of benefits paid to the superior
court judges of the state prior to July 24, 2005, and no claim
shall lie against the state for such benefits. [2009 c 417 § 2;
2007 c 496 § 204; 2006 c 192 § 2. Prior: 2005 c 457 § 18;
2005 c 374 § 2; 2005 c 202 § 1; 2002 c 338 § 2; 2001 c 146 §
2; 2000 c 170 § 1; 1999 c 397 § 8; 1996 c 56 § 5; 1995 c 292
§ 14.]
Effective dates—2007 c 496 §§ 201, 202, 204, and 501: See note following RCW 26.12.260.
Part headings not law—2007 c 496: See note following RCW
26.09.002.
Intent—2005 c 457: See note following RCW 43.08.250.
[Title 36 RCW—page 34]
36.18.018 Fees to state court, administrative office of
the courts—Appellate review fee and surcharge—Variable fee for copies and reports. (1) State revenue collected
by county clerks under subsection (2) of this section must be
transmitted to the appropriate state court. The administrative
office of the courts shall retain fees collected under subsection (3) of this section.
(2) For appellate review under RAP 5.1(b), two hundred
fifty dollars must be charged.
(3) For all copies and reports produced by the administrative office of the courts as permitted under RCW 2.68.020
and supreme court policy, a variable fee must be charged.
(4) Until July 1, 2011, in addition to the fee established
under subsection (2) of this section, a surcharge of thirty dollars is established for appellate review. The county clerk
shall transmit this surcharge to the state treasurer for deposit
in the judicial stabilization trust account. [2009 c 572 § 3;
2005 c 282 § 43; 1995 c 292 § 15.]
36.18.018
Effective date—2009 c 572: See note following RCW 43.79.505.
36.18.020 Clerk’s fees, surcharges. (1) Revenue collected under this section is subject to division with the state
under RCW 36.18.025 and with the county or regional law
library fund under RCW 27.24.070, except as provided in
subsection (5) of this section.
(2) Clerks of superior courts shall collect the following
fees for their official services:
(a) In addition to any other fee required by law, the party
filing the first or initial document in any civil action, including, but not limited to an action for restitution, adoption, or
change of name, and any party filing a counterclaim, crossclaim, or third-party claim in any such civil action, shall pay,
at the time the document is filed, a fee of two hundred dollars
except, in an unlawful detainer action under chapter 59.18 or
59.20 RCW for which the plaintiff shall pay a case initiating
filing fee of forty-five dollars, or in proceedings filed under
RCW 28A.225.030 alleging a violation of the compulsory
attendance laws where the petitioner shall not pay a filing fee.
The forty-five dollar filing fee under this subsection for an
unlawful detainer action shall not include an order to show
cause or any other order or judgment except a default order or
default judgment in an unlawful detainer action.
(b) Any party, except a defendant in a criminal case, filing the first or initial document on an appeal from a court of
limited jurisdiction or any party on any civil appeal, shall
pay, when the document is filed, a fee of two hundred dollars.
(c) For filing of a petition for judicial review as required
under RCW 34.05.514 a filing fee of two hundred dollars.
(d) For filing of a petition for unlawful harassment under
RCW 10.14.040 a filing fee of fifty-three dollars.
(e) For filing the notice of debt due for the compensation
of a crime victim under RCW 7.68.120(2)(a) a fee of two
hundred dollars.
(f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first document
therein, a fee of two hundred dollars.
(g) For filing any petition to contest a will admitted to
probate or a petition to admit a will which has been rejected,
or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a
fee of two hundred dollars.
36.18.020
(2010 Ed.)
Fees of County Officers
(h) Upon conviction or plea of guilty, upon failure to
prosecute an appeal from a court of limited jurisdiction as
provided by law, or upon affirmance of a conviction by a
court of limited jurisdiction, a defendant in a criminal case
shall be liable for a fee of two hundred dollars.
(i) With the exception of demands for jury hereafter
made and garnishments hereafter issued, civil actions and
probate proceedings filed prior to midnight, July 1, 1972,
shall be completed and governed by the fee schedule in effect
as of January 1, 1972: PROVIDED, That no fee shall be
assessed if an order of dismissal on the clerk’s record be filed
as provided by rule of the supreme court.
(3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW
26.33.080 or for forms and instructional brochures provided
under RCW 26.50.030.
(4) No fee shall be collected when an abstract of judgment is filed by the county clerk of another county for the
purposes of collection of legal financial obligations.
(5) Until July 1, 2011, in addition to the fees required by
this section, clerks of superior courts shall collect the surcharges required by this subsection, which shall be remitted
to the state treasurer for deposit in the judicial stabilization
trust account:
(a) On filing fees under subsection (2)(b) of this section,
a surcharge of twenty dollars; and
(b) On all other filing fees required by this section except
for filing fees in subsection (2)(d) and (h) of this section, a
surcharge of thirty dollars. [2009 c 572 § 4; 2009 c 479 § 21;
2009 c 417 § 3. Prior: 2005 c 457 § 19; 2005 c 374 § 5; 2000
c 9 § 1; 1999 c 42 § 635; 1996 c 211 § 2; prior: 1995 c 312 §
70; 1995 c 292 § 10; 1993 c 435 § 1; 1992 c 54 § 1; 1989 c
342 § 1; prior: 1987 c 382 § 3; 1987 c 202 § 201; 1987 c 56
§ 3; prior: 1985 c 24 § 1; 1985 c 7 § 104; 1984 c 263 § 29;
1981 c 330 § 5; 1980 c 70 § 1; 1977 ex.s. c 107 § 1; 1975 c 30
§ 1; 1973 c 16 § 1; 1973 c 38 § 1; prior: 1972 ex.s. c 57 § 5;
1972 ex.s. c 20 § 1; 1970 ex.s. c 32 § 1; 1967 c 26 § 9; 1963
c 4 § 36.18.020; prior: 1961 c 304 § 1; 1961 c 41 § 1; 1951 c
51 § 5; 1907 c 56 § 1, part, p 89; 1903 c 151 § 1, part, p 294;
1893 c 130 § 1, part, p 421; Code 1881 § 2086, part, p 355;
1869 p 364 § 1, part; 1863 p 391 § 1, part; 1861 p 34 § 1, part;
1854 p 368 § 1, part; RRS § 497, part.]
Rules of court: Cf. RAP 14.3, 18.22.
Reviser’s note: This section was amended by 2009 c 417 § 3, 2009 c
479 § 21, and by 2009 c 572 § 4, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2009 c 572: See note following RCW 43.79.505.
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2005 c 457: See note following RCW 43.08.250.
Intent—1987 c 202: See note following RCW 2.04.190.
Additional notes found at www.leg.wa.gov
36.18.022 Filing fees may be waived—When. The
court may waive the filing fees provided for under RCW
36.18.016(2)(b) and 36.18.020(2) (a) and (b) upon affidavit
by a party that the party is unable to pay the fee due to financial hardship. [2005 c 374 § 6; 1995 c 292 § 16; 1992 c 54 §
5.]
36.18.022
Additional notes found at www.leg.wa.gov
(2010 Ed.)
36.18.040
36.18.025 Portion of filing fees to be remitted to state
treasurer. Forty-six percent of the money received from filing fees paid pursuant to RCW 36.18.020, except those collected for the filing of warrants for unpaid taxes or overpayments by state agencies as outlined in RCW 36.18.012(10),
shall be transmitted by the county treasurer each month to the
state treasurer for deposit in the state general fund. [2009 c
479 § 22; 2001 c 146 § 3; 1992 c 54 § 2; 1985 c 389 § 9; 1984
c 258 § 322; 1972 ex.s. c 20 § 2.]
36.18.025
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—1984 c 258: See note following RCW 3.34.130.
Additional notes found at www.leg.wa.gov
36.18.030 Coroner’s fees. Coroners shall collect for
their official services, the following fees:
For each inquest held, besides mileage, twenty dollars.
For issuing a venire, two dollars.
For drawing all necessary writings, two dollars for first
page and one dollar for each page thereafter.
For mileage each way, per mile, ten cents.
For performing the duties of a sheriff, he or she shall
receive the same fees as a sheriff would receive for the same
service. [2009 c 549 § 4014; 1963 c 4 § 36.18.030. Prior:
1959 c 263 § 7; 1907 c 56 § 1, part, p 93; 1903 c 151 § 1, part,
p 296; 1893 c 130 § 1, part, p 424; Code 1881 § 2086, part, p
360; 1869 p 372 § 7, part; 1863 p 391 § 1, part, p 396; 1861 p
34 § 1, part, p 39; 1854 p 368 § 1, part, p 373; RRS §§ 497,
part, 4185.]
36.18.030
36.18.040 Sheriff’s fees. (1) Sheriffs shall collect the
following fees for their official services:
(a) For service of each summons and complaint, notice
and complaint, summons and petition, and notice of small
claim on one defendant at any location, ten dollars, and on
two or more defendants at the same residence, twelve dollars,
besides mileage;
(b) For making a return, besides mileage actually traveled, seven dollars;
(c) For levying each writ of attachment or writ of execution upon real or personal property, besides mileage, thirty
dollars per hour;
(d) For filing copy of writ of attachment or writ of execution with auditor, ten dollars plus auditor’s filing fee;
(e) For serving writ of possession or restitution without
aid of the county, besides mileage, twenty-five dollars;
(f) For serving writ of possession or restitution with aid
of the county, besides mileage, forty dollars plus thirty dollars for each hour after one hour;
(g) For serving an arrest warrant in any action or proceeding, besides mileage, thirty dollars;
(h) For executing any other writ or process in a civil
action or proceeding, besides mileage, thirty dollars per hour;
(i) For each mile actually and necessarily traveled in
going to or returning from any place of service, or attempted
service, thirty-five cents;
(j) For making a deed to lands sold upon execution or
order of sale or other decree of court, to be paid by the purchaser, thirty dollars;
36.18.040
[Title 36 RCW—page 35]
36.18.045
Title 36 RCW: Counties
(k) For making copies of papers when sufficient copies
are not furnished, one dollar for first page and fifty cents per
each additional page;
(l) For the service of any other document and supporting
papers for which no other fee is provided for herein, twelve
dollars;
(m) For posting a notice of sale, or postponement, ten
dollars besides mileage;
(n) For certificate or bill of sale of property, or certificate
of redemption, thirty dollars;
(o) For conducting a sale of property, thirty dollars per
hour spent at a sheriff’s sale;
(p) For notarizing documents, five dollars for each document;
(q) For fingerprinting for noncriminal purposes, ten dollars for each person for up to two sets, three dollars for each
additional set;
(r) For mailing required by statute, whether regular, certified, or registered, the actual cost of postage;
(s) For an internal criminal history records check, ten
dollars;
(t) For the reproduction of audio, visual, or photographic
material, to include magnetic microfilming, the actual cost
including personnel time.
(2) Fees allowable under this section may be recovered
by the prevailing party incurring the same as court costs.
Nothing contained in this section permits the expenditure of
public funds to defray costs of private litigation. Such costs
shall be borne by the party seeking action by the sheriff, and
may be recovered from the proceeds of any subsequent judicial sale, or may be added to any judgment upon proper application to the court entering the judgment.
(3) Notwithstanding subsection (1) of this section, a
county legislative authority may set the amounts of fees that
shall be collected by the sheriff under subsection (1) of this
section to cover the costs of administration and operation.
[1992 c 164 § 1; 1981 c 194 § 1; 1975 1st ex.s. c 94 § 1; 1963
c 4 § 36.18.040. Prior: 1959 c 263 § 8; 1951 c 51 § 6; 1907 c
56 § 1, part, p 91; 1903 c 151 § 1, part, p 294; 1893 c 130 § 1,
p 422; Code 1881 § 2086, part, p 356; 1869 p 364 § 1, part, p
365; 1865 p 94 § 1, part, p 97; 1863 p 391 § 1, part, p 392;
1861 p 34 § 1, part, p 35; 1854 p 368 § 1, part, p 369; RRS §
497, part.]
Additional notes found at www.leg.wa.gov
36.18.045 Treasurer’s fees. County treasurers shall
collect the following fees for their official services:
For preparing and certifying copies, with or without seal
for the first legal size page, two dollars, for each additional
legal size page, one dollar. [1963 c 4 § 36.18.045. Prior:
1959 c 263 § 10.]
36.18.045
36.18.060 Fees payable in advance—Exception. The
officers mentioned in this chapter except the county sheriff
shall not, in any case, except for the state or county, perform
any official services unless the fees prescribed therefor are
paid in advance, and on such payment the officer must perform the services required. The county sheriff may allow
payment to be made after official services have been performed as the sheriff deems appropriate. For every failure or
refusal to perform official duty when the fees are tendered,
the officer is liable on his or her official bond. [2009 c 549 §
4016; 1981 c 194 § 2; 1963 c 4 § 36.18.060. Prior: 1890 p
315 § 39; RRS § 506.]
36.18.060
Additional notes found at www.leg.wa.gov
36.18.070 Single mileage chargeable when. When any
sheriff, constable or coroner serves more than one process in
the same cause or on the same person not requiring more than
one journey from his or her office, he or she shall receive
mileage only for the most distant service. [2009 c 549 §
4017; 1963 c 4 § 36.18.070. Prior: Code 1881 § 2094; 1869
p 373 § 16; RRS § 501.]
36.18.070
36.18.080 Fee schedule to be kept posted. Every
county officer entitled to collect fees from the public shall
keep posted in his or her office a plain and legible statement
of the fees allowed by law and failure so to do shall subject
the officer to a fine of one hundred dollars and costs, to be
recovered in any court of competent jurisdiction. [2009 c 549
§ 4018; 1963 c 4 § 36.18.080. Prior: 1890 p 315 § 41; RRS
§ 4223. Cf. Code 1881 § 2091; 1869 p 373 § 13.]
36.18.080
36.18.090 Itemized receipt to be given. Every officer,
when requested so to do, shall make out a bill of his or her
fees in every case, and for any services, specifying each particular item thereof, and receipt the same when it is paid,
which bill of fees shall always be subject to examination and
correction by the courts. Any officer who fails to comply
with the requirements of this section shall be liable to the person paying the fees in treble the amount so paid. [2009 c 549
§ 4019; 1963 c 4 § 36.18.090. Prior: (i) 1890 p 315 § 40;
RRS § 4222. (ii) Code 1881 § 2102; 1869 p 374 § 24; 1863
p 398 § 3; 1861 p 41 § 3; 1854 p 376 § 6; RRS § 4235.]
36.18.090
36.18.160 Penalty for taking illegal fees. If any officer
takes more or greater fees than are allowed by law he or she
shall be subject to prosecution, and on conviction, shall be
removed from office and fined in a sum not exceeding one
thousand dollars. [2009 c 549 § 4021; 1963 c 4 § 36.18.160.
Prior: Code 1881 § 2090; 1869 p 373 § 12; RRS § 4225. Cf.
RCW 9.33.040.]
36.18.160
36.18.170 Penalty for failure to pay over fees. Any
salaried county or precinct officer, who fails to pay to the
county treasury all sums that have come into the officer’s
hands for fees and charges for the county, or by virtue of the
officer’s office, whether under the laws of this state or of the
United States, is guilty of a class C felony, and upon conviction thereof shall be punished by imprisonment in a state correctional facility not less than one year nor more than three
years: PROVIDED, That upon conviction, his or her office
36.18.170
36.18.050 Fees in special cases. Every officer who
shall be called on or required to perform service for which no
fees or compensation are provided for in this chapter shall be
allowed fees similar and equal to those allowed him or her for
services of the same kind for which allowance is made
herein. [2009 c 549 § 4015; 1963 c 4 § 36.18.050. Prior:
Code 1881 § 2098; 1869 p 374 § 20; 1863 p 398 § 5; 1861 p
41 § 5; 1854 p 375 § 4; RRS § 4234.]
36.18.050
[Title 36 RCW—page 36]
(2010 Ed.)
County Assessor
shall be declared to be vacant by the court pronouncing sentence. [2003 c 53 § 201; 1992 c 7 § 33; 1963 c 4 § 36.18.170.
Prior: 1893 c 81 § 2; RRS § 4226. Cf. RCW 42.20.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.18.180 Office to be declared vacant on conviction.
The board of county commissioners of any county in this
state, upon receiving a certified copy of the record of conviction of any officer for receiving illegal fees, or where the
officer collects fees and fails to account for the same, upon
proof thereof must declare his or her office vacant and
appoint his or her successor. [2009 c 549 § 4022; 1963 c 4 §
36.18.180. Prior: 1890 p 315 § 42; RRS § 4224.]
36.21.015
36.21.070
36.21.080
36.21.090
36.21.100
36.18.180
36.18.190 Collection of unpaid financial obligations—Collection contracts—Interest to collection agencies authorized. Superior court clerks may contract with
collection agencies under chapter 19.16 RCW or may use
county collection services for the collection of unpaid courtordered legal financial obligations as enumerated in RCW
9.94A.030 that are ordered pursuant to a felony or misdemeanor conviction and of unpaid financial obligations
imposed under Title 13 RCW. The costs for the agencies or
county services shall be paid by the debtor. The superior
court may, at sentencing or at any time within ten years,
assess as court costs the moneys paid for remuneration for
services or charges paid to collection agencies or for collection services. By agreement, clerks may authorize collection
agencies to retain all or any portion of the interest collected
on these accounts. Collection may not be initiated with
respect to a criminal offender who is under the supervision of
the department of corrections without the prior agreement of
the department. Superior court clerks are encouraged to initiate collection action with respect to a criminal offender who
is under the supervision of the department of corrections,
with the department’s approval.
Any contract with a collection agency shall be awarded
only after competitive bidding. Factors that a court clerk shall
consider in awarding a collection contract include but are not
limited to: (1) A collection agency’s history and reputation in
the community; and (2) the agency’s access to a local database that may increase the efficiency of its collections. Contracts may specify the scope of work, remuneration for services, and other charges deemed appropriate.
The servicing of an unpaid court obligation does not constitute assignment of a debt, and no contract with a collection
agency may remove the court’s control over unpaid obligations owed to the court.
The county clerk may collect civil judgments where the
county is the creditor. [1997 c 24 § 1. Prior: 1995 c 291 § 8;
1995 c 262 § 1; 1994 c 185 § 9.]
36.18.190
Chapter 36.21
Chapter 36.21 RCW
COUNTY ASSESSOR
Sections
36.21.011
(2010 Ed.)
Appointment of deputies and assistants—Engaging expert
appraisers—Employment and classification plans for
appraisers.
36.21.011
Qualifications for persons assessing real property—Examination—Examination waiver—Continuing education requirement.
New construction building permits—Appraisal of building.
New construction building permits—When property placed on
assessment rolls.
Initial placement of mobile home on assessment roll.
Annual report to department of revenue on property tax levies
and related matters.
Assessor’s plats: Chapter 58.18 RCW.
Duties relating to
cemetery district organization: Chapter 68.52 RCW.
drainage district revenue act: Chapter 85.32 RCW.
drainage districts: Chapter 85.06 RCW.
fire protection district, resolution creating: RCW 52.02.150.
flood control districts: Chapter 86.09 RCW.
forest insect and disease control: Chapter 76.06 RCW.
forest rehabilitation: Chapter 76.14 RCW.
irrigation districts
dissolution of districts with bonds: Chapter 87.53 RCW.
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: RCW 87.80.090.
metropolitan municipal corporation: Chapter 35.58 RCW.
mosquito control districts: Chapter 17.28 RCW.
pest districts: Chapter 17.12 RCW.
reforestation: RCW 79.22.010.
school district organization: Chapter 28A.315 RCW.
school districts, appeals from boundary changes, decisions: RCW
28A.645.040.
section and corner lines, establishment of: Chapter 58.04 RCW.
taxes, property
certification of on operating property of private car companies: RCW
84.16.130.
certification of on operating property of public utilities: RCW
84.12.370.
collection of: Chapter 84.56 RCW.
equalization of assessments: Chapter 84.48 RCW.
exemptions: Chapter 84.36 RCW.
levy of: Chapter 84.52 RCW.
lien on: Chapter 84.60 RCW.
listing of: Chapter 84.40 RCW.
nonoperating property of private car companies: RCW 84.16.140.
nonoperating property of public utilities: RCW 84.12.380.
revaluation: Chapter 84.41 RCW.
taxable situs: Chapter 84.44 RCW.
weed district assessments: Chapter 17.04 RCW.
Lands lying in both a fire protection district and forest protection assessment
area, assessment by: RCW 52.16.170.
Mobile home or park model trailer movement permits: RCW 46.44.173.
Property tax advisor: RCW 84.48.140.
Public lands, harbor areas, re-lease of, rental based on assessor’s valuation: RCW 79.115.120.
Revenue, department of, to test work of, advise: RCW 84.08.020, 84.08.030,
84.08.190.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
Transfer of ownership of mobile home, county assessor notified: RCW
46.12.105.
Washington Clean Air Act, assessors’ duties under: RCW 70.94.095.
36.21.011 Appointment of deputies and assistants—
Engaging expert appraisers—Employment and classification plans for appraisers. Any assessor who deems it
necessary in order to complete the listing and the valuation of
the property of the county within the time prescribed by law,
(1) may appoint one or more well qualified persons to act as
assistants or deputies who shall not engage in the private
practice of appraising within the county in which he or she is
employed without the written permission of the assessor filed
36.21.011
[Title 36 RCW—page 37]
36.21.015
Title 36 RCW: Counties
with the auditor; and each such assistant or deputy so
appointed shall, under the direction of the assessor, after taking the required oath, perform all the duties enjoined upon,
vested in or imposed upon assessors, and (2) may contract
with any persons, firms or corporations, who are expert
appraisers, to assist in the valuation of property.
To assist each assessor in obtaining adequate and well
qualified assistants or deputies, the state department of personnel, after consultation with the Washington state association of county assessors, the Washington state association of
counties, and the department of revenue, shall establish by
July 1, 1967, and shall thereafter maintain, a classification
and salary plan for those employees of an assessor who act as
appraisers. The plan shall recommend the salary range and
employment qualifications for each position encompassed by
it, and shall, to the fullest extent practicable, conform to the
classification plan, salary schedules and employment qualifications for state employees performing similar appraisal
functions.
An assessor who intends to put such plan into effect shall
inform the department of revenue and the county legislative
authority of this intent in writing. The department of revenue
and the county legislative authority may thereupon each designate a representative, and such representative or representatives as may be designated by the department of revenue or
the county legislative authority, or both, shall form with the
assessor a committee. The committee so formed may, by
unanimous vote only, determine the required number of certified appraiser positions and their salaries necessary to
enable the assessor to carry out the requirements relating to
revaluation of property in chapter 84.41 RCW. The determination of the committee shall be certified to the county legislative authority. The committee may be formed only once in
a period of four calendar years.
After such determination, the assessor may provide, in
each of the four next succeeding annual budget estimates, for
as many positions as are established in such determination.
Each county legislative authority to which such a budget estimate is submitted shall allow sufficient funds for such positions. An employee may be appointed to a position covered
by the plan only if the employee meets the employment qualifications established by the plan. [1995 c 134 § 12. Prior:
1994 c 301 § 6; 1994 c 124 § 1; 1973 1st ex.s. c 11 § 1; 1971
ex.s. c 85 § 2; 1967 ex.s. c 146 § 7; 1963 c 4 § 36.21.011;
prior: 1955 c 251 § 10.]
36.21.015 Qualifications for persons assessing real
property—Examination—Examination waiver—Continuing education requirement. (1) Any person having the
responsibility of valuing real property for purposes of taxation including persons acting as assistants or deputies to a
county assessor under RCW 36.21.011 shall have first:
(a) Had at least one year of experience in transactions
involving real property, in appraisal of real property, or in
assessment of real property, or at least one year of experience
in a combination of the three;
(b) Become knowledgeable in repair and remodeling of
buildings and improvement of land, and in the significance of
locality and area to the value of real property;
(c) Become knowledgeable in the standards for appraising property set forth by the department of revenue; and
36.21.015
[Title 36 RCW—page 38]
(d) Met other minimum requirements specified by
department of revenue rule.
(2) The department of revenue shall prepare and administer an examination on subjects related to the valuation of
real property. No person shall assess real property for purposes of taxation without having passed said examination or
having received an examination waiver from the department
of revenue upon showing education or experience determined
by the department to be equivalent to passing the examination. A person passing said examination or receiving an
examination waiver shall be accredited accordingly by the
department of revenue.
(3) The department of revenue may by rule establish
continuing education requirements for persons assessing real
property for purposes of taxation. The department shall provide accreditation of completion of requirements imposed
under this section. No person shall assess real property for
purposes of taxation without complying with requirements
imposed under this subsection.
(4) To the extent practical, the department of revenue
shall coordinate accreditation requirements under this section
with the requirements for certified real estate appraisers
under chapter 18.140 RCW.
(5) The examination requirements of subsection (2) of
this section shall not apply to any person who shall have
either:
(a) Been certified as a real property appraiser by the
department of personnel prior to July 1, 1992; or
(b) Attended and satisfactorily completed the assessor’s
school operated jointly by the department of revenue and the
Washington state assessors association prior to August 9,
1971. [1991 c 218 § 3; 1977 c 75 § 30; 1971 ex.s. c 288 § 17;
1971 ex.s. c 27 § 1.]
Additional notes found at www.leg.wa.gov
36.21.070 New construction building permits—
Appraisal of building. Upon receipt of a copy of a building
permit, the county assessor shall, within twelve months of the
date of issue of such permit, proceed to make a physical
appraisal of the building or buildings covered by the permit.
[1989 c 246 § 3; 1987 c 134 § 1; 1963 c 4 § 36.21.070. Prior:
1955 c 129 § 4.]
36.21.070
36.21.080 New construction building permits—
When property placed on assessment rolls. The county
assessor is authorized to place any property that is increased
in value due to construction or alteration for which a building
permit was issued, or should have been issued, under chapter
19.27, 19.27A, or 19.28 RCW or other laws providing for
building permits on the assessment rolls for the purposes of
tax levy up to August 31st of each year. The assessed valuation of the property shall be considered as of July 31st of that
year. [1989 c 246 § 4; 1987 c 319 § 5; 1985 c 220 § 1; 1982
1st ex.s. c 46 § 4; 1981 c 274 § 3; 1975 1st ex.s. c 120 § 1;
1974 ex.s. c 196 § 7; 1963 c 4 § 36.21.080. Prior: 1955 c 129
§ 5.]
36.21.080
Destroyed property, reduction in value, abatement or refund of taxes: Chapter 84.70 RCW.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
County Auditor
36.21.090 Initial placement of mobile home on assessment roll. When any mobile home first becomes subject to
assessment for property taxes in this state, the county assessor is authorized to place the mobile home on the assessment
rolls for purposes of tax levy up to August 31st of each year.
The assessed valuation of the mobile home shall be considered as of the July 31st immediately preceding the date that
the mobile home is placed on the assessment roll. [1987 c
134 § 2; 1977 ex.s. c 22 § 7.]
36.21.090
Additional notes found at www.leg.wa.gov
36.21.100 Annual report to department of revenue
on property tax levies and related matters. Every county
assessor shall report to the department of revenue on the
property tax levies and related matters within the county
annually at a date and in a form prescribed by the department
of revenue. The report shall include, but need not be limited
to, the results of sales-assessment ratio studies performed by
the assessor. The ratio studies shall be based on use classes of
real property and shall be performed under a plan approved
by the department of revenue. [1991 c 218 § 4; 1987 c 138 §
8.]
36.21.100
Additional notes found at www.leg.wa.gov
Chapter 36.22
Chapter 36.22 RCW
COUNTY AUDITOR
Sections
36.22.010
36.22.020
36.22.030
36.22.040
36.22.050
36.22.060
36.22.070
36.22.080
36.22.090
36.22.100
36.22.110
36.22.120
36.22.140
36.22.150
36.22.160
36.22.170
36.22.175
36.22.178
36.22.179
36.22.1791
36.22.181
36.22.190
36.22.200
36.22.210
36.22.220
36.22.230
Duties of auditor.
Publisher of legislative authority proceedings—Custodian of
commissioners’ seal.
May administer oaths.
Duty to audit claims against county.
Issuance of warrants—Multiple warrants.
Record of warrants.
Original claims to be retained.
Claims of auditor.
Warrants of political subdivisions.
Cancellation of unclaimed warrants.
Auditor cannot act as attorney or lobbyist.
Temporary clerk may be appointed.
Auditor or charter county financial officer—Ex officio deputy
state auditor.
Duty of retiring auditor or his or her representative in case of
death.
Copying, preserving, and indexing documents.
Surcharge for preservation of historical documents—Distribution of revenue to county and state treasurer—Creation of
account.
Surcharge for local government archives and records management—Records management training—Eastern Washington
regional facility.
Affordable housing for all surcharge—Permissible uses.
Surcharge for local homeless housing and assistance—Use.
Additional surcharge for local homeless housing and assistance—Use.
Surcharge for prosecution of mortgage lending fraud—Transmittal to state treasurer.
Distribution of funds.
Action for change of name—Filing and recording.
Process servers—Registration—Fees.
Election assistants, deputies—Appointment, qualifications.
Election assistants, deputies—Additional qualifications.
Acknowledgments, auditor may take: RCW 64.08.010.
Appointment as agent for licensing of vehicles: RCW 46.01.130, 46.01.140,
46.01.270.
Canvassing board, auditor as member: RCW 39.40.030.
Cities and towns, certificates of election, auditor to issue: RCW 35.02.130.
Civil actions, judgment by confession acknowledged before: RCW 4.60.040.
(2010 Ed.)
Chapter 36.22
County accounts, expense for examination of, auditor to issue warrant for:
RCW 43.09.280.
County canvassing board, auditor as member: RCW 29A.60.160.
Custodian of records, auditor as: RCW 65.04.140.
Department of revenue to advise: RCW 84.08.020.
Diking district, auditor as agent of county commissioners in signing petition
for: RCW 85.05.083.
Dissolution of inactive port districts: Chapter 53.47 RCW.
District court districting committee, auditor as member of: RCW 3.38.010.
Duties relating to
absentee voting: Chapter 29A.40 RCW.
air pollution control districts: Chapter 70.94 RCW.
aircraft excise taxes: Chapter 82.48 RCW.
appeals from tax levies: Chapter 84.08 RCW.
assessor’s plats: RCW 58.18.010.
basic juvenile court act: Chapter 13.04 RCW.
boundary line proceedings: RCW 58.04.040.
cemetery districts: Chapter 68.52 RCW.
cemetery plat, filing of: RCW 68.24.030.
certification of offices, notice of election: Chapter 29A.36 RCW.
chattel liens: Chapter 60.08 RCW.
chattel mortgages: Chapter 60.08 RCW, Article 62A.9A RCW.
assignment and satisfaction of: Chapter 61.16 RCW.
cities and towns
advancement of classification: Chapter 35.06 RCW.
agreements for sewer connections outside of: RCW 35.67.310.
cities support of county in which generating plant located: RCW
35.21.450.
corrective plats of: RCW 58.10.030.
determining town’s uncertain boundaries: RCW 35.27.040, 35.27.050.
disincorporation of: Chapter 35.07 RCW.
general indebtedness bonds, county tax levy to pay: RCW 35.37.120.
incorporation proceedings: Chapter 35.02 RCW.
ordinance reducing city limits: RCW 35.16.050.
unfit buildings, structures, or premises, abatement: RCW 35.80.030.
claim of spouse or domestic partner in community realty: RCW
26.16.100.
collection agency surety bonds: RCW 19.16.190.
conditional sales contracts: Article 62A.9A RCW.
corporations, nonprofit, generally: Title 24 RCW.
educational, religious, benevolent, fraternal or charitable: Chapter
24.03 RCW.
mutual benefit: Chapter 24.03 RCW.
nonstock: Chapter 24.03 RCW.
county airport districts: Chapter 14.08 RCW.
county and city tuberculosis hospital: Chapter 70.30 RCW.
credit unions: Chapter 31.12 RCW.
crop liens: Chapter 60.11 RCW.
dances, licensing of: Chapter 67.12 RCW.
diking, drainage and sewerage improvement districts
generally: Chapter 85.08 RCW.
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
diking districts: Chapter 85.05 RCW.
levy for continuous benefits: Chapter 85.18 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
disinfection of horticultural premises: Chapter 15.08 RCW.
dissolution of inactive special purpose districts: Chapter 36.96 RCW.
doctors, nurses and hospital services, lien for: Chapter 60.44 RCW.
drainage district revenue act: Chapter 85.32 RCW.
drainage districts: Chapter 85.06 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
elections
absentee voting: Chapter 29A.40 RCW.
ballots: Chapter 29A.36 RCW.
canvassing returns: Chapter 29A.60 RCW.
ceremonial certificate of, auditor to issue: RCW 29A.52.360.
change of precinct boundaries: RCW 29A.76.030.
combining or dividing precincts, election boards: RCW 29A.16.060.
conduct of: RCW 29A.60.010.
congressional elections: Chapter 29A.28 RCW.
[Title 36 RCW—page 39]
Chapter 36.22
Title 36 RCW: Counties
declarations of candidacy: Chapter 29A.52 RCW.
initiative and referendum: Chapter 29A.72 RCW.
nonpartisan primaries, elections: Chapter 29A.52 RCW.
polling places
accessibility to individuals with disabilities: Chapter 29A.16 RCW.
regulations, after closing: Chapter 29A.60 RCW.
precinct officers: Chapter 29A.44 RCW.
presidential electors: Chapter 29A.56 RCW.
public disclosure reports, handling of: RCW 29A.04.225.
recall: Chapter 29A.56 RCW.
registration of voters for: Chapter 29A.08 RCW.
status, transfers, and cancellations: Chapter 29A.08 RCW.
regulations before polls open: Chapter 29A.44 RCW.
voting systems: Chapter 29A.12 RCW.
electric franchises and rights-of-way: RCW 80.32.010.
eminent domain
by cities: Chapter 8.12 RCW.
by counties: Chapter 8.08 RCW.
employee contributions to benefit plans lien claim: RCW 60.76.020.
employee payroll deductions: RCW 41.04.020 through 41.04.036.
execution of judgment: Chapter 6.17 RCW.
fire protection districts: Chapters 52.04, 52.16 RCW.
merger of: Chapter 52.06 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
food fish and shellfish
fishways for: RCW 77.57.030.
guards: RCW 77.57.010.
forest fire protection assessments: RCW 76.04.610.
forest protection, claims for damages, services: Chapter 76.04 RCW.
franchises on state highways: Chapter 47.44 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
health districts: Chapter 70.46 RCW.
homesteads: Chapter 6.13 RCW.
horizontal property regimes (condominiums), declarations and survey
maps of: RCW 64.32.100, 64.32.140.
hospital districts: Chapter 70.44 RCW.
housing authority act: Chapter 35.82 RCW.
insurance, mergers and insolvencies: Chapter 48.31 RCW.
intercounty rural library district: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
irregular instruments, recording of: RCW 65.08.030.
irrigation districts
director divisions: RCW 87.04.070.
dissolution of districts with bonds: Chapter 87.53 RCW.
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
under contract with United States: Chapter 87.68 RCW.
juries, drawing of: Chapter 2.36 RCW.
labor, materials and taxes on public works, liens for: Chapter 60.28
RCW.
labor and services on timber and lumber, lien for: Chapter 60.24 RCW.
labor lien on restaurant, tavern, hotel, etc.: Chapter 60.34 RCW.
labor liens on franchises, earnings and property of certain companies:
Chapter 60.32 RCW.
land office receipts, recording of: RCW 65.08.050.
lease of personal property with conditional right to purchase: Article
62A.9A RCW.
letters patent, recording of: RCW 65.08.090.
licenses to practice dentistry: Chapter 18.32 RCW.
lien of employees for contributions to benefit plans: Chapter 60.76 RCW.
liquor
billiard tables, bowling alleys, licensing of, use, sale of: Chapter 67.14
RCW.
retail license: RCW 67.14.040.
sales, local option on: Chapter 66.40 RCW.
wholesale license: RCW 67.14.050.
marriages: Chapter 26.04 RCW.
mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
mining claims
location of: Chapter 78.08 RCW.
survey reports: Chapter 78.06 RCW.
mosquito control districts: Chapter 17.28 RCW.
[Title 36 RCW—page 40]
motor vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270.
municipal court elections: Chapter 35.20 RCW.
municipal water and sewer facilities act: Chapter 35.91 RCW.
new or limited access highway routes: RCW 47.28.025.
notice of lis pendens: RCW 4.28.160, 4.28.320.
orchard labor liens: Chapter 60.16 RCW.
order discharging attachment: RCW 6.25.160.
park and recreation district commissioner elections: RCW 36.69.090.
partnership ditches, lien claim for labor done: RCW 90.03.450.
partnerships, uniform limited partnerships act: Chapters 25.10, 25.12
RCW.
pendency of action in United States court: RCW 4.28.325.
pest districts: Chapter 17.12 RCW.
planning commission: Chapter 35.63 RCW.
plats, subdivisions and dedications: Chapter 58.17 RCW.
port district L.I.D.’s: RCW 53.20.050.
port districts
annexation of land to: Chapter 53.04 RCW.
budget of: Chapter 53.35 RCW.
commissioner elections: Chapter 53.12 RCW.
consolidation of: Chapter 53.46 RCW.
formation of: Chapter 53.04 RCW.
precinct committee officer: Chapter 29A.80 RCW.
precinct election officers: Chapter 29A.44 RCW.
public assistance lien claim: RCW 74.04.300.
public lands
lease of: Chapter 79.13 RCW.
leasing on share crop basis: RCW 79.13.320 through 79.13.360.
materials on, sale of: Chapter 79.15 RCW.
tidelands and shorelands plats: RCW 79.125.040.
public records and evidence: Chapter 5.44 RCW.
public utility districts: Chapters 54.08, 54.12, 54.24, 54.40 RCW.
public waterway districts: Chapter 91.08 RCW.
eminent domain by: RCW 91.08.150.
real property conveyances, recording of: RCW 65.08.070.
reclamation and irrigation districts in United States reclamation areas:
Chapter 89.12 RCW.
reclamation districts of one million acres: Chapter 89.30 RCW.
recording, generally: Chapters 65.04, 65.08 RCW.
liability of auditor for damages: RCW 65.04.110.
recording of town plats: Chapter 58.08 RCW.
registration of land titles: Chapter 65.12 RCW.
river and harbor improvement districts: Chapter 88.32 RCW.
river and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
sales under execution and redemption: Chapter 6.21 RCW.
school district directors, superintendents, signatures of: RCW
28A.400.020.
school district organization: Chapter 28A.315 RCW.
sires, services of, lien for: Chapter 60.52 RCW.
street railways: Chapter 81.64 RCW.
superior court, expenses of visiting judge: RCW 2.08.170.
superior court, judges salary: RCW 2.08.100 through 2.08.110.
taxes
excise on real estate sales: RCW 82.45.090.
internal revenue, liens for: Chapter 60.68 RCW.
motor vehicle fuel: RCW 82.36.110.
property
collection of: Chapter 84.56 RCW.
equalization of assessments: Chapter 84.48 RCW.
recovery: Chapter 84.68 RCW.
vehicle use tax: RCW 82.12.045.
townsites on United States lands, acquisition of lands by inhabitants:
Chapter 58.28 RCW.
unemployment compensation contributions, lien for: RCW 50.24.050.
vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270.
veterans’ meeting place, rent by county: RCW 73.04.080.
veterans’ relief: Chapter 73.08 RCW.
water-sewer districts
annexation of property to: Chapter 57.24 RCW.
consolidation of: Chapter 57.32 RCW.
funds of: Chapter 57.20 RCW.
generally: Title 57 RCW.
merger of: Chapter 57.36 RCW.
transfer of part: RCW 57.32.160.
withdrawal of territory from: Chapter 57.28 RCW.
(2010 Ed.)
County Auditor
water rights certificates: RCW 90.03.330.
water rights, United States: Chapter 90.40 RCW.
weed districts: Chapter 17.04 RCW.
workers’ compensation contributions, liens for: RCW 51.16.170.
Eminent domain by
cities of county land, auditor served: RCW 8.12.080.
state, decree of appropriation filed with auditor: RCW 8.04.120.
state of county land, notice of served on auditor: RCW 8.04.020.
Mobile home identification tags, issuance: RCW 46.01.130, 46.01.140.
Motor vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270.
Plats, validation of defective city or town plats in office of: Chapter 58.10
RCW.
Public lands, sales and lease of, duties of auditor in certain counties transferred to treasurer: RCW 79.02.090.
Public lands and materials on, sale of, auditor as auctioneer: RCW
79.11.150.
Reclamation district commission, auditor as clerk of: RCW 89.30.058.
Registrar of titles
auditor as: RCW 65.12.050.
not to practice law, when: RCW 65.12.065.
Summons for claim against county served on auditor: RCW 4.28.080.
Support of dependent children, auditor to charge no fees in connection with:
RCW 74.20.300.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
Television reception improvement districts, auditor’s duties: Chapter 36.95
RCW.
Temporary gate across highways, auditor to grant permit for, when: RCW
16.60.085.
Veterans, auditor to furnish documents for free: RCW 73.04.120.
Veterans’ discharge, auditor to record without fee: RCW 73.04.030 through
73.04.042.
Veterans’ pension papers, auditor to charge no fee: RCW 73.04.010.
36.22.010 Duties of auditor. The county auditor:
(1) Shall be recorder of deeds and other instruments in
writing which by law are to be filed and recorded in and for
the county for which he or she is elected;
(2) Shall keep an account current with the county treasurer, charge all money received as shown by receipts issued
and credit all disbursements paid out according to the record
of settlement of the treasurer with the legislative authority;
(3) Shall make out and transmit to the state auditor a
statement of the state fund account with the county in accordance with standards developed by the state auditor. The
statement must be available to the public;
(4) Shall make available a complete exhibit of the prioryear finances of the county including, but not limited to, a
statement of financial condition and financial operation in
accordance with standards developed by the state auditor.
This exhibit shall be made available after the financial
records are closed for the prior year;
(5) Shall make out a register of all warrants legally
authorized and directed to be issued by the legislative body at
any regular or special meeting. The auditor shall make the
data available to the county treasurer. The auditor shall retain
the original of the register of warrants for future reference;
(6) As clerk of the board of county commissioners, shall:
Record all of the proceedings of the legislative authority;
Make full entries of all of their resolutions and decisions
on all questions concerning the raising of money for and the
allowance of accounts against the county;
36.22.010
(2010 Ed.)
36.22.030
Record the vote of each member on any question upon
which there is a division or at the request of any member
present;
Sign all orders made and warrants issued by order of the
legislative authority for the payment of money;
Record the reports of the county treasurer of the receipts
and disbursements of the county;
Preserve and file all accounts acted upon by the legislative authority;
Preserve and file all petitions and applications for franchises and record the action of the legislative authority
thereon;
Record all orders levying taxes;
Perform all other duties required by any rule or order of
the legislative authority. [2009 c 337 § 3; 1995 c 194 § 1;
1984 c 128 § 2; 1963 c 4 § 36.22.010. Prior: 1955 c 157 § 9;
prior: (i) Code 1881 § 2707; 1869 p 310 §§ 1, 2, 3; 1863 p
549 §§ 1, 2, 3; 1854 p 424 §§ 1, 2, 3; RRS § 4083. (ii) Code
1881 § 2709; RRS § 4085. (iii) Code 1881 § 2711; RRS §
4088. (iv) 1893 c 119 § 2; Code 1881 § 2712; 1869 p 311 §
6; 1863 p 550 § 6; 1854 p 425 § 6; RRS § 4089. (v) 1893 c
119 § 3; Code 1881 § 2571; RRS § 4090. (vi) 1893 c 119 §
4; Code 1881 § 2713; 1869 p 311 § 7; 1867 p 130 § 1; RRS §
4091. (vii) 1893 c 119 § 5; Code 1881 § 2714; 1869 p 311 §
8; 1867 p 131 § 2; RRS § 4092. (viii) 1893 c 119 § 7; Code
1881 § 2718; 1869 p 312 § 13; RRS § 4095. (ix) Code 1881
§ 2719; RRS § 4098. (x) 1893 c 119 § 8; Code 1881 § 2720;
RRS § 4099.]
36.22.020 Publisher of legislative authority proceedings—Custodian of commissioners’ seal. It shall be the
duty of the county auditor of each county, within fifteen days
after the adjournment of each regular session, to publish a
summary of the proceedings of the legislative authority at
such term, in any newspaper published in the county or having a general circulation therein, or the auditor may post copies of such proceedings in three of the most public places in
the county. The seal of the county commissioners for each
county, used by the county auditor as clerk to attest the proceedings of the legislative authority, shall be and remain in
the custody of the county auditor, and the auditor is hereby
authorized to use such seal in attestation of all official acts,
whether as clerk of the legislative authority, as auditor or
recorder of deeds; and all certificates, exemplifications of
records, or other acts performed as county auditor, certified
under the seal of the county commissioners, pursuant to this
section, in this state, shall be as valid and legally binding as
though attested by a seal of office of the county auditor.
[1995 c 194 § 2; 1963 c 4 § 36.22.020. Prior: Code 1881 §
2724; 1869 p 313 § 17; RRS §§ 4102, 4103. Formerly RCW
36.16.080, 36.22.020, and 36.22.130.]
36.22.020
36.22.030 May administer oaths. Auditors and their
deputies may administer oaths necessary in the performance
of their duties and in all other cases where oaths are required
by law to be administered and take acknowledgments of
deeds and other instruments in writing: PROVIDED, That
any deputy county auditor, in administering such oath or taking such acknowledgment, shall certify to the same in his or
her own name as deputy, and not in the name of his or her
36.22.030
[Title 36 RCW—page 41]
36.22.040
Title 36 RCW: Counties
principal, and shall attach thereto the seal of the office: PROVIDED, That all oaths administered or acknowledgments
taken by any deputy of any county auditor certifying to the
same in the name of his or her principal by himself or herself
as such deputy, prior to the taking effect of chapter 119, Laws
of 1893 be and the same are hereby legalized and made valid
and binding. [2009 c 549 § 4023; 1963 c 4 § 36.22.030.
Prior: 1893 c 119 § 6; Code 1881 § 2717; 1869 p 312 § 11;
1863 p 550 § 8; 1854 p 425 § 8; RRS § 4094.]
36.22.040 Duty to audit claims against county. The
county auditor shall audit all claims, demands, and accounts
against the county which by law are chargeable to the county,
except such cost or fee bills as are by law to be examined or
approved by some other judicial tribunal or officer. Such
claims as it is his or her duty to audit shall be presented to the
board of county commissioners for their examination and
allowance. [2009 c 549 § 4024; 1963 c 4 § 36.22.040. Prior:
1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5,
part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086,
part.]
36.22.040
36.22.050 Issuance of warrants—Multiple warrants.
For claims allowed by the county commissioners, and also
for cost bills and other lawful claims duly approved by the
competent tribunal designated by law for their allowance, he
or she shall draw a warrant on the county treasurer, made
payable to the claimant or his or her order, bearing date from
the time of and regularly numbered in the order of their issue.
If there is not sufficient cash in the county treasury to cover
such claims or cost bills, or if a claimant requests, the auditor
may issue a number of smaller warrants, the total principal
amounts of which shall equal the amount of said claim or cost
bill. [2009 c 549 § 4025; 1975 c 31 § 1; 1969 ex.s. c 87 § 1;
1963 c 4 § 36.22.050. Prior: (i) 1893 c 119 § 1, part; Code
1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part;
1854 p 425 § 5, part; RRS § 4086, part. (ii) 1893 c 48 § 2;
RRS § 4087.]
36.22.050
36.22.060 Record of warrants. The auditor shall maintain a record of when a warrant is issued. The record shall
include the warrant number, date, name of payee, amount,
nature of claims, or services provided. [1995 c 194 § 3; 1963
c 4 § 36.22.060. Prior: 1893 c 119 § 1, part; Code 1881 §
2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p
425 § 5, part; RRS § 4086, part.]
36.22.060
36.22.070 Original claims to be retained. (1) The
auditor shall also retain all original bills and indorse thereon
claimant’s name, nature of claim, the action had, and if a warrant was issued, date and number the voucher or claim the
same as the warrant.
(2) The auditor may retain all claims, bills, and associated records referenced in subsection (1) of this section in an
electronic format sufficient for the conduct of official business.
(3) For the purposes of this section, "claims" shall
exclude claims filed against the county in accordance with
the provisions of chapter 4.96 RCW. [2003 c 72 § 1; 1963 c
4 § 36.22.070. Prior: 1893 c 119 § 1, part; Code 1881 §
36.22.070
[Title 36 RCW—page 42]
2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p
425 § 5, part; RRS § 4086, part.]
36.22.080 Claims of auditor. All claims of the county
auditor against the county for services shall be audited and
allowed by the board of county commissioners as other
claims are audited and allowed. Such warrants shall in all
respects be audited, approved, issued, numbered, registered,
and paid the same as any other county warrant. [1963 c 4 §
36.22.080. Prior: 1893 c 119 § 1, part; Code 1881 § 2710,
part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 §
5, part; RRS § 4086, part.]
36.22.080
36.22.090 Warrants of political subdivisions. All
warrants for the payment of claims against diking, ditch,
drainage and irrigation districts and school districts of the
second class, who do not issue their own warrants, as well as
political subdivisions within the county for which no other
provision is made by law, shall be drawn and issued by the
county auditor of the county wherein such subdivision is
located, upon proper approval by the governing body thereof.
[2009 c 337 § 4; 1975 c 43 § 31; 1973 c 111 § 4; 1963 c 4 §
36.22.090. Prior: 1915 c 74 § 1; RRS § 4096.]
36.22.090
Additional notes found at www.leg.wa.gov
36.22.100 Cancellation of unclaimed warrants. Registered or interest bearing county warrants not presented
within one year of the date of their call, and all other county
warrants not presented within one year of the date of their
issue shall be canceled by the legislative authority of the
county and the auditor and treasurer of the county shall cancel all record of such warrants, so as to leave the funds as if
such warrants had never been drawn. [1971 ex.s. c 120 § 1;
1963 c 4 § 36.22.100. Prior: 1909 c 170 § 1; 1886 p 161 § 1;
RRS § 4097.]
36.22.100
36.22.110 Auditor cannot act as attorney or lobbyist.
The person holding the office of county auditor, or deputy, or
performing its duties, shall not practice as an attorney or represent any person who is making any claim against the
county, or who is seeking to procure any legislative or other
action by the board of county commissioners. [2002 c 141 §
1; 1963 c 4 § 36.22.110. Prior: Code 1881 § 2722; 1869 p
312 § 12; 1863 p 550 § 9; 1854 p 425 § 9; RRS § 4100.]
36.22.110
36.22.120 Temporary clerk may be appointed. In
case the auditor is unable to attend to the duties of his or her
office during any session of the board of county commissioners, and has no deputy by him or her appointed in attendance,
the board may temporarily appoint a suitable person not by
law disqualified from acting as such to perform the auditor’s
duties. [2009 c 549 § 4026; 1963 c 4 § 36.22.120. Prior:
Code 1881 § 2723; 1869 p 313 § 15; 1863 p 550 § 12; 1854 p
425 § 11; RRS § 4101.]
36.22.120
36.22.140 Auditor or charter county financial
officer—Ex officio deputy state auditor. Each county auditor or financial officer designated in a charter county shall be
ex officio deputy of the state auditor for the purpose of
accounting and reporting on municipal corporations and in
36.22.140
(2010 Ed.)
County Auditor
such capacity shall be under the direction of the state auditor,
but he or she shall receive no additional salary or compensation by virtue thereof and shall perform no duties as such,
except in connection with county business. [2006 c 280 § 1;
1995 c 301 § 61; 1963 c 4 § 36.22.140. Prior: 1909 c 76 §
12; RRS § 9962.]
36.22.150 Duty of retiring auditor or his or her representative in case of death. Each auditor, on retiring from
office, shall deliver to his or her successor the seal of office
and all the books, records, and instruments of writing belonging to the office, and take his or her receipt therefor. In case
of the death of the auditor, his or her legal representatives
shall deliver over the seal, books, records and papers. [2009
c 549 § 4027; 1963 c 4 § 36.22.150. Prior: Code 1881 §
2725; 1869 p 314 § 22; RRS § 4104.]
36.22.150
36.22.160 Copying, preserving, and indexing documents. Each county auditor is hereby authorized to provide
for the installation and thereafter for the maintenance of an
improved system for copying, preserving, and indexing documents recorded in the county. Such a system may utilize the
latest technology including, but not limited to, photomicrographic and computerized electronic digital storage methodology. The initial installation of the improved system shall
include the following:
(1) The acquisition, installation, operation, and maintenance of the equipment provided for in the definition above;
and
(2) The establishment of procedures for the continued
preservation, indexing, and filing of all instruments and
records that will, after the effective installation date, constitute a part of the improved system. [1989 c 204 § 2.]
36.22.160
Reviser’s note: 1989 c 204 § 7 directed that this section be added to
chapter 36.18 RCW. This placement appears inappropriate and the section
has been codified as a part of chapter 36.22 RCW.
Findings—1989 c 204: "The legislature, finding in this centennial year
that many old documents recorded or filed with county officials are deteriorating due to age and environmental degradation and that such documents
require preservation in the public interest before they are irreparably damaged, enacts the centennial document preservation act of 1989." [1989 c 204
§ 1.]
36.22.170 Surcharge for preservation of historical
documents—Distribution of revenue to county and state
treasurer—Creation of account. (1)(a) Except as provided
in (b) of this subsection, a surcharge of five dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge
authorized by law. One dollar of the surcharge shall be used
at the discretion of the county commissioners to promote historical preservation or historical programs, which may
include preservation of historic documents.
(b) A surcharge of two dollars per instrument shall be
charged by the county auditor for each document presented
for recording by the employment security department, which
will be in addition to any other charge authorized by law.
(2) Of the remaining revenue generated through the surcharges under subsection (1) of this section:
(a) Fifty percent shall be transmitted monthly to the state
treasurer who shall distribute such funds to each county treasurer within the state in July of each year in accordance with
36.22.170
(2010 Ed.)
36.22.175
the formula described in RCW 36.22.190. The county treasurer shall place the funds received in a special account titled
the auditor’s centennial document preservation and modernization account to be used solely for ongoing preservation of
historical documents of all county offices and departments
and shall not be added to the county current expense fund;
and
(b) Fifty percent shall be retained by the county and
deposited in the auditor’s operation and maintenance fund for
ongoing preservation of historical documents of all county
offices and departments.
(3) The centennial document preservation and modernization account is hereby created in the custody of the state
treasurer and shall be classified as a treasury trust account.
State distributions from the centennial document preservation and modernization account shall be made without appropriation. [2009 c 337 § 5; 2005 c 442 § 1; 1993 c 37 § 1; 1989
c 204 § 3.]
Findings—1989 c 204: See note following RCW 36.22.160.
36.22.175 Surcharge for local government archives
and records management—Records management training—Eastern Washington regional facility. (1)(a) In addition to any other charge authorized by law, the county auditor
shall charge a surcharge of one dollar per instrument for each
document recorded. Revenue generated through this surcharge shall be transmitted monthly to the state treasurer for
deposit in the local government archives account under RCW
40.14.024. These funds shall be used solely for providing
records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and indexing for local
government records and digital data and access to those
records and data through the regional branch archives of the
division of archives and records management.
(b) The division of archives and records management
within the office of the secretary of state shall provide records
management training for local governments and shall establish a competitive grant program to solicit and prioritize
project proposals from local governments for potential funding to be paid for by funds from the auditor surcharge and tax
warrant surcharge revenues. Application for specific projects
may be made by local government agencies only. The state
archivist in consultation with the advisory committee established under RCW 40.14.027 shall adopt rules governing
project eligibility, evaluation, awarding of grants, and other
criteria including requirements for records management
training for grant recipients.
(2) The advisory committee established under RCW
40.14.027 shall review grant proposals and establish a prioritized list of projects to be considered for funding by January
1st of each even-numbered year, beginning in 2002. The
evaluation of proposals and development of the prioritized
list must be developed through open public meetings. Funding for projects shall be granted according to the ranking of
each application on the prioritized list and projects will be
funded only to the extent that funds are available. A grant
award may have an effective date other than the date the
project is placed on the prioritized list.
(3)(a) In addition to any other surcharge authorized by
law, the county auditor shall charge a surcharge of one dollar
36.22.175
[Title 36 RCW—page 43]
36.22.178
Title 36 RCW: Counties
per instrument for every document recorded after January 1,
2002. Revenue generated through this surcharge shall be
transmitted to the state treasurer monthly for deposit in the
local government archives account under RCW 40.14.024 to
be used exclusively for: (i) The construction and improvement of a specialized regional facility located in eastern
Washington designed to serve the archives, records management, and digital data management needs of local government; and (ii) payment of the certificate of participation
issued for the Washington state heritage center to the extent
there is an excess fund balance in the account and fees generated under RCW 36.18.010 and 43.07.128 are insufficient to
meet debt service payments on the certificate of participation.
(b) To the extent the facilities are used for the storage
and retrieval of state agency records and digital data, that portion of the construction of such facilities used for state government records and data shall be supported by other charges
and fees paid by state agencies and shall not be supported by
the surcharge authorized in this subsection, except that to the
extent there is an excess fund balance in the account and fees
generated under RCW 36.18.010 and 43.07.128 are insufficient to meet debt service payments for the Washington state
heritage center, the local government archives account under
RCW 40.14.024 may be used for the Washington state heritage center.
(c) At such time that all debt service from construction of
the specialized regional archive facility located in eastern
Washington has been paid, fifty percent of the surcharge
authorized by this subsection shall be reverted to the centennial document preservation and modernization account as
prescribed in RCW 36.22.170 and fifty percent of the surcharge authorized by this section shall be reverted to the state
treasurer for deposit in the archives and records management
account to serve the archives, records management, and digital data management needs of local government, except that
the state treasurer shall not revert funds to the centennial document preservation and modernization account and to the
archives and records management account if fees generated
under RCW 36.18.010 and 43.07.128 are insufficient to meet
debt service payments on the Washington state heritage center. [2008 c 328 § 6006; 2003 c 163 § 5; 2001 2nd sp.s. c 13
§ 1; 1996 c 245 § 1.]
Part headings not law—Severability—Effective date—2008 c 328:
See notes following RCW 43.155.050.
Effective date—2001 2nd sp.s. c 13: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect June
30, 2001." [2001 2nd sp.s. c 13 § 3.]
Additional notes found at www.leg.wa.gov
36.22.178 Affordable housing for all surcharge—
Permissible uses. The surcharge provided for in this section
shall be named the affordable housing for all surcharge.
(1) Except as provided in subsection (3) of this section, a
surcharge of ten dollars per instrument shall be charged by
the county auditor for each document recorded, which will be
in addition to any other charge authorized by law. The
county may retain up to five percent of these funds collected
solely for the collection, administration, and local distribution of these funds. Of the remaining funds, forty percent of
the revenue generated through this surcharge will be trans36.22.178
[Title 36 RCW—page 44]
mitted monthly to the state treasurer who will deposit the
funds into the affordable housing for all account created in
RCW 43.185C.190. The *department of community, trade,
and economic development must use these funds to provide
housing and shelter for extremely low-income households,
including but not limited to grants for building operation and
maintenance costs of housing projects or units within housing
projects that are affordable to extremely low-income households with incomes at or below thirty percent of the area
median income, and that require a supplement to rent income
to cover ongoing operating expenses.
(2) All of the remaining funds generated by this surcharge will be retained by the county and be deposited into a
fund that must be used by the county and its cities and towns
for eligible housing activities as described in this subsection
that serve very low-income households with incomes at or
below fifty percent of the area median income. The portion
of the surcharge retained by a county shall be allocated to eligible housing activities that serve extremely low and very
low-income households in the county and the cities within a
county according to an interlocal agreement between the
county and the cities within the county consistent with countywide and local housing needs and policies. A priority must
be given to eligible housing activities that serve extremely
low-income households with incomes at or below thirty percent of the area median income. Eligible housing activities to
be funded by these county funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or
below fifty percent of the area median income, including
units for homeownership, rental units, seasonal and permanent farm worker housing units, and single room occupancy
units;
(b) Supporting building operation and maintenance costs
of housing projects or units within housing projects eligible
to receive housing trust funds, that are affordable to very lowincome households with incomes at or below fifty percent of
the area median income, and that require a supplement to rent
income to cover ongoing operating expenses;
(c) Rental assistance vouchers for housing units that are
affordable to very low-income households with incomes at or
below fifty percent of the area median income, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States department of housing and urban development’s section 8 rental
assistance voucher program standards; and
(d) Operating costs for emergency shelters and licensed
overnight youth shelters.
(3) The surcharge imposed in this section does not apply
to assignments or substitutions of previously recorded deeds
of trust. [2007 c 427 § 1; 2005 c 484 § 18; 2002 c 294 § 2.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Conflict with federal requirements—Effective date—
2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
Findings—2002 c 294: "The legislature recognizes housing affordability has become a significant problem for a large portion of society in many
parts of Washington state in recent years. The state has traditionally focused
its resources on housing for low-income populations. Additional funding
resources are needed for building operation and maintenance activities for
(2010 Ed.)
County Auditor
housing projects affordable to extremely low-income people, for example
farmworkers or people with developmental disabilities. Affordable rents for
extremely low-income people are not sufficient to cover the cost of building
operations and maintenance. In addition resources are needed at the local
level to assist in development and preservation of affordable low-income
housing to address critical local housing needs." [2002 c 294 § 1.]
36.22.179
36.22.179 Surcharge for local homeless housing and
assistance—Use. (1) In addition to the surcharge authorized
in RCW 36.22.178, and except as provided in subsection (2)
of this section, an additional surcharge of ten dollars shall be
charged by the county auditor for each document recorded,
which will be in addition to any other charge allowed by law.
During the 2009-11 and 2011-13 biennia, the surcharge shall
be thirty dollars. The funds collected pursuant to this section
are to be distributed and used as follows:
(a) The auditor shall retain two percent for collection of
the fee, and of the remainder shall remit sixty percent to the
county to be deposited into a fund that must be used by the
county and its cities and towns to accomplish the purposes of
chapter 484, Laws of 2005, six percent of which may be used
by the county for administrative costs related to its homeless
housing plan, and the remainder for programs which directly
accomplish the goals of the county’s local homeless housing
plan, except that for each city in the county which elects as
authorized in RCW 43.185C.080 to operate its own local
homeless housing program, a percentage of the surcharge
assessed under this section equal to the percentage of the
city’s local portion of the real estate excise tax collected by
the county shall be transmitted at least quarterly to the city
treasurer, without any deduction for county administrative
costs, for use by the city for program costs which directly
contribute to the goals of the city’s local homeless housing
plan; of the funds received by the city, it may use six percent
for administrative costs for its homeless housing program.
(b) The auditor shall remit the remaining funds to the
state treasurer for deposit in the home security fund account.
The department may use twelve and one-half percent of this
amount for administration of the program established in
RCW 43.185C.020, including the costs of creating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments,
and managing the homeless housing grant program. The
remaining eighty-seven and one-half percent is to be used by
the department to:
(i) Provide housing and shelter for homeless people
including, but not limited to: Grants to operate, repair, and
staff shelters; grants to operate transitional housing; partial
payments for rental assistance; consolidated emergency
assistance; overnight youth shelters; and emergency shelter
assistance; and
(ii) Fund the homeless housing grant program.
(2) The surcharge imposed in this section does not apply
to (a) assignments or substitutions of previously recorded
deeds of trust, or (b) documents recording a birth, marriage,
divorce, or death or any documents otherwise exempted from
a recording fee under state law. [2009 c 462 § 1; 2007 c 427
§ 4; 2005 c 484 § 9.]
Findings—Conflict with federal requirements—Effective date—
2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
(2010 Ed.)
36.22.181
36.22.1791
36.22.1791 Additional surcharge for local homeless
housing and assistance—Use. (1) In addition to the surcharges authorized in RCW 36.22.178 and 36.22.179, and
except as provided in subsection (2) of this section, the
county auditor shall charge an additional surcharge of eight
dollars for each document recorded, which is in addition to
any other charge allowed by law. The funds collected under
this section are to be distributed and used as follows:
(a) The auditor shall remit ninety percent to the county to
be deposited into a fund six percent of which may be used by
the county for administrative costs related to its homeless
housing plan, and the remainder for programs that directly
accomplish the goals of the county’s local homeless housing
plan, except that for each city in the county that elects, as
authorized in RCW 43.185C.080, to operate its own homeless housing program, a percentage of the surcharge assessed
under this section equal to the percentage of the city’s local
portion of the real estate excise tax collected by the county
must be transmitted at least quarterly to the city treasurer for
use by the city for program costs that directly contribute to
the goals of the city’s homeless housing plan.
(b) The auditor shall remit the remaining funds to the
state treasurer for deposit in the home security fund account.
The department may use the funds for administering the program established in RCW 43.185C.020, including the costs
of creating and updating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments, and managing the homeless
housing grant program. Remaining funds may also be used
to:
(i) Provide housing and shelter for homeless people
including, but not limited to: Grants to operate, repair, and
staff shelters; grants to operate transitional housing; partial
payments for rental assistance; consolidated emergency
assistance; overnight youth shelters; and emergency shelter
assistance; and
(ii) Fund the homeless housing grant program.
(2) The surcharge imposed in this section does not apply
to assignments or substitutions of previously recorded deeds
of trust. [2007 c 427 § 5.]
Reviser’s note: 2007 c 427 directed that this section be codified in
chapter 43.185C RCW, but placement in chapter 36.22 RCW appears to be
more appropriate.
36.22.181
36.22.181 Surcharge for prosecution of mortgage
lending fraud—Transmittal to state treasurer. (Expires
June 30, 2011.) (1) Except as provided in subsection (2) of
this section, a surcharge of one dollar shall be charged by the
county auditor at the time of recording of each deed of trust,
which will be in addition to any other charge authorized by
law. The auditor may retain up to five percent of the funds
collected to administer collection. The remaining funds shall
be transmitted monthly to the state treasurer who will deposit
the funds into the mortgage lending fraud prosecution
account created in RCW 43.320.140. The department of
financial institutions is responsible for the distribution of the
funds in the account and shall, in consultation with the attorney general and local prosecutors, develop rules for the use of
these funds to pursue criminal prosecution of fraudulent
activities within the mortgage lending process.
[Title 36 RCW—page 45]
36.22.190
Title 36 RCW: Counties
(2) The surcharge imposed in this section does not apply
to assignments or substitutions of previously recorded deeds
of trust.
(3) This section expires June 30, 2011. [2006 c 21 § 1;
2003 c 289 § 1.]
36.22.190 Distribution of funds. After deduction of
those costs of the state treasurer that are described under
*RCW 36.22.180, the balance of the funds will be distributed
to the counties according to the following formula: One-half
of the funds available shall be equally distributed among the
thirty-nine counties; and the balance will be distributed
among the counties in direct proportion to their population as
it relates to the total state’s population based on the most
recent population statistics. [1989 c 204 § 5.]
36.22.190
Reviser’s note: (1) 1989 c 204 § 7 directed that this section be added to
chapter 36.18 RCW. This placement appears inappropriate and the section
has been codified as a part of chapter 36.22 RCW.
*(2) RCW 36.22.180 was repealed by 1991 sp.s. c 13 § 122, effective
July 1, 1991.
Findings—1989 c 204: See note following RCW 36.22.160.
36.22.200 Action for change of name—Filing and
recording. Upon receipt of the fee and the name change
order from the district court as provided in RCW 4.24.130,
the county auditor shall file and record the name change
order. [1992 c 30 § 2.]
36.22.200
36.22.210 Process servers—Registration—Fees. (1)
Each county auditor shall develop a registration process to
register process servers required to register under RCW
18.180.010.
(2) The county auditor may collect an annual registration
fee from the process server not to exceed ten dollars.
(3) The county auditor shall use a form in the registration
process for the purpose of identifying and locating the registrant, including the process server’s name, birthdate, and
social security number, and the process server’s business
name, business address, and business telephone number.
(4) The county auditor shall maintain a register of process servers and assign a number to each registrant. Upon
renewal of the registration as required in RCW 18.180.020,
the auditor shall continue to assign the same registration
number. A successor entity composed of one or more registrants shall be permitted to transfer one or more registration
numbers to the new entity. [1997 c 41 § 8; 1992 c 125 § 2.]
36.22.210
Additional notes found at www.leg.wa.gov
36.22.220 Election assistants, deputies—Appointment, qualifications. The county auditor of each county, as
ex officio supervisor of all primaries and elections, general or
special, within the county under *Title 29 RCW, may appoint
one or more well-qualified persons to act as assistants or deputies; however, not less than two persons of the auditor’s
office who conduct primaries and elections in the county
shall be certified under **chapter 29.60 RCW as elections
administrators. [1992 c 163 § 12.]
36.22.220
Reviser’s note: *(1) Title 29 RCW was repealed and/or recodified pursuant to 2003 c 111, effective July 1, 2004.
**(2) Chapter 29.60 RCW was recodified as chapter 29A.04 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
[Title 36 RCW—page 46]
Additional notes found at www.leg.wa.gov
36.22.230 Election assistants, deputies—Additional
qualifications. Each deputy or assistant appointed under
RCW 36.22.220 shall have been graduated from an accredited high school or shall have passed a high school equivalency examination. Each shall be knowledgeable in the rules
and laws of conducting elections. [1992 c 163 § 13.]
36.22.230
Additional notes found at www.leg.wa.gov
Chapter 36.23
Chapter 36.23 RCW
COUNTY CLERK
Sections
36.23.020
36.23.030
36.23.040
36.23.065
36.23.067
36.23.070
36.23.080
36.23.090
36.23.100
36.23.110
New bond may be required.
Records to be kept.
Custody and delivery of records.
Destruction and reproduction of court records—Destruction of
receipts for expenses under probate proceedings.
Reproduced court records have same force and effect as original.
Destruction of court exhibits—Preservation for historical purposes.
Office at county seat.
Search for birth parents—County clerk’s duty.
Electronic payment of court fees and other financial obligations—Authorized.
Legal financial obligations—Report on collections.
Civil actions, generally, clerk’s duties: Title 4 RCW.
County clerk
as clerk of superior court: State Constitution Art. 4 § 26.
not to practice law: RCW 2.32.090.
powers and duties: RCW 2.32.050.
Dissolution of inactive port districts: Chapter 53.47 RCW.
Electronic copies as evidence, clerk to certify: RCW 5.52.050.
Execution docket, clerk to keep: RCW 4.64.060.
Judgment journal, clerk to keep: RCW 4.64.030.
Lien foreclosure, clerk’s duties: Chapter 84.64 RCW.
Oaths, clerk may administer: RCW 5.28.010.
Official bonds filed with: RCW 42.08.100.
Registration of land titles, clerk’s duties: Chapter 65.12 RCW.
Support of dependent children, clerk to charge no fees in connection with:
RCW 74.20.300.
Tax warrants, clerk’s duties: Chapter 82.32 RCW.
Veterans, clerk to furnish documents for free: RCW 73.04.120.
Witness fees and expenses, civil proceedings, clerk’s duties: Chapter 2.40
RCW, RCW 5.56.010.
36.23.020 New bond may be required. When the
judge or judges of any court, or a majority of them, believe
that the clerk of the court does not have a good and sufficient
bond on file, or that the bond is not large enough in amount,
such judge or judges shall enter an order requiring him or her,
within such time as may be specified in the order, to execute
and present to them a good and sufficient bond, in such sum
as may be fixed by the order. In case of his or her failure to
file the bond within ten days from the expiration of the date
fixed the judge or judges shall declare the office vacant.
[2009 c 549 § 4028; 1963 c 4 § 36.23.020. Prior: 1895 c 53
§ 3; RRS § 72.]
36.23.020
36.23.030 Records to be kept. The clerk of the superior court at the expense of the county shall keep the following records:
36.23.030
(2010 Ed.)
County Clerk
(1) A record in which he or she shall enter all appearances and the time of filing all pleadings in any cause;
(2) A docket in which before every session, he or she
shall enter the titles of all causes pending before the court at
that session in the order in which they were commenced,
beginning with criminal cases, noting in separate columns the
names of the attorneys, the character of the action, the pleadings on which it stands at the commencement of the session.
One copy of this docket shall be furnished for the use of the
court and another for the use of the members of the bar;
(3) A record for each session in which he or she shall
enter the names of witnesses and jurors, with time of attendance, distance of travel, and whatever else is necessary to
enable him or her to make out a complete cost bill;
(4) A record in which he or she shall record the daily proceedings of the court, and enter all verdicts, orders, judgments, and decisions thereof, which may, as provided by
local court rule, be signed by the judge; but the court shall
have full control of all entries in the record at any time during
the session in which they were made;
(5) An execution docket and also one for a final record in
which he or she shall make a full and perfect record of all
criminal cases in which a final judgment is rendered, and all
civil cases in which by any order or final judgment the title to
real estate, or any interest therein, is in any way affected, and
such other final judgments, orders, or decisions as the court
may require;
(6) A record in which shall be entered all orders, decrees,
and judgments made by the court and the minutes of the court
in probate proceedings;
(7) A record of wills and bonds shall be maintained.
Originals shall be placed in the original file and shall be preserved or duplicated pursuant to RCW 36.23.065;
(8) A record of letters testamentary, administration, and
guardianship in which all letters testamentary, administration, and guardianship shall be recorded;
(9) A record of claims shall be entered in the appearance
docket under the title of each estate or case, stating the name
of each claimant, the amount of his or her claim and the date
of filing of such;
(10) A memorandum of the files, in which at least one
page shall be given to each estate or case, wherein shall be
noted each paper filed in the case, and the date of filing each
paper;
(11) Such other records as are prescribed by law and
required in the discharge of the duties of his or her office.
[2002 c 30 § 1; 1987 c 363 § 3; 1967 ex.s. c 34 § 2; 1963 c 4
§ 36.23.030. Prior: (i) 1923 c 130 § 1; Code 1881 § 2179;
1863 p 417 § 6; 1854 p 366 § 6; RRS § 75. (ii) 1917 c 156 §
2; RRS § 1372. (iii) 1917 c 156 § 57; Code 1881 § 1384; 1863
p 219 § 118; 1860 p 181 § 85; RRS § 1427. (iv) 1917 c 156 §
72; Code 1881 § 1411; 1863 p 221 § 130; 1860 p 183 § 97;
RRS § 1442.]
36.23.040 Custody and delivery of records. The clerk
shall be responsible for the safe custody and delivery to his or
her successor of all books and papers belonging to his or her
office. [2009 c 549 § 4029; 1963 c 4 § 36.23.040. Prior:
Code 1881 § 2181; 1863 p 418 § 8; 1854 p 367 § 8; RRS §
76.]
36.23.040
(2010 Ed.)
36.23.065
36.23.065
36.23.065 Destruction and reproduction of court
records—Destruction of receipts for expenses under probate proceedings. Notwithstanding any other law relating to
the destruction of court records, the county clerk may cause
to be destroyed all documents, records, instruments, books,
papers, depositions, and transcripts, in any action or proceeding in the superior court, or otherwise filed in his or her office
pursuant to law, if all of the following conditions exist:
(1) The county clerk maintains for the use of the public a
photographic film, microphotographic, photostatic, electronic, or similar reproduction of each document, record,
instrument, book, paper, deposition, or transcript so
destroyed: PROVIDED, That all receipts and canceled
checks filed by a personal representative pursuant to RCW
11.76.100 may be removed from the file by order of the court
and destroyed the same as an exhibit pursuant to RCW
36.23.070.
(2) At the time of the taking of the photographic film,
microphotographic, photostatic, electronic, or similar reproduction, the county clerk or other person under whose direction and control the same was taken, attached thereto, or to
the sealed container in which the same was placed and has
been kept, or incorporated in the photographic film, microphotographic, photostatic, electronic, or similar reproduction,
a certification that the copy is a correct copy of the original,
or of a specified part thereof, as the case may be, the date on
which taken, and the fact it was taken under the clerk’s direction and control. The certificate must be under the official
seal of the certifying officer, if there be any, or if the certifying officer is the clerk of a court having a seal, under the seal
of such court.
(3) The county clerk promptly seals and stores at least
one original or negative of each such photographic film,
microphotographic, photostatic, electronic, or similar reproduction in such manner and place as reasonably to assure its
preservation indefinitely against loss, theft, defacement, or
destruction. Electronic reproductions are acceptable media
for this purpose if one of the following conditions exists:
(a) The electronic reproductions are continuously
updated and, if necessary, transferred to another medium to
ensure that they are accessible through contemporary and
supported electronic or computerized systems; or
(b) The electronic reproductions are scheduled to be
reproduced on photographic film, microphotographic, photostatic, or similar media for indefinite preservation.
(4) When copies of public records of the county clerk are
transferred to the state archives for security storage, the state
archives may only provide certified copies of those records
with the written permission of the county clerk who is custodian of those records. When so transferred and authorized,
the copies of the public records concerned shall be made by
the state archives, which certification shall have the same
force and effect as though made by the county clerk who is
custodian of the record. If there is a statutory fee for the
reproduction of the document, contracts can be made
between the county clerk and the state archives for reproduction and certification of the copies, however no certification
authority may be transferred except as provided in this subsection and for records of abolished or discontinued offices
or agencies under chapter 40.14 RCW. [1998 c 226 § 1; 1981
[Title 36 RCW—page 47]
36.23.067
Title 36 RCW: Counties
c 277 § 10; 1973 c 14 § 1; 1971 c 29 § 1; 1963 c 4 §
36.23.065. Prior: 1957 c 201 § 1.]
36.23.067 Reproduced court records have same force
and effect as original. Any print, whether enlarged or not,
from any photographic film, including any photographic
plate, microphotographic film, or photostatic negative or similar reproduction, or from any electronic record, of any original record, document, instrument, book, paper, deposition, or
transcript which has been processed in accordance with the
provisions of RCW 36.23.065, and has been certified by the
county clerk under his or her official seal as a true copy, may
be used in all instances, including introduction in evidence in
any judicial or administrative proceeding, that the original
record, document, instrument, book, paper, deposition, or
transcript might have been used, and shall have the full force
and effect of the original for all purposes. [1998 c 226 § 2;
1963 c 4 § 36.23.067. Prior: 1957 c 201 § 2.]
36.23.067
36.23.070 Destruction of court exhibits—Preservation for historical purposes. A county clerk may at any time
more than six years after the entry of final judgment in any
action apply to the superior court for an authorizing order
and, upon such order being signed and entered, turn such
exhibits of possible value over to the sheriff for disposal in
accordance with the provisions of chapter 63.40 RCW, and
destroy any other exhibits, unopened depositions, and reporters’ notes which have theretofore been filed in such cause:
PROVIDED, That reporters’ notes in criminal cases must be
preserved for at least fifteen years: PROVIDED FURTHER,
That any exhibits which are deemed to possess historical
value may be directed to be delivered by the clerk to libraries
or historical societies. [1981 c 154 § 1; 1973 c 14 § 2; 1967
ex.s. c 34 § 3; 1963 c 4 § 36.23.070. Prior: 1957 c 201 § 3;
1947 c 277 § 1; Rem. Supp. 1947 § 81-1.]
36.23.070
36.23.080 Office at county seat. The clerk of the superior court shall keep an office at the county seat of the county
of which he or she is clerk. [2009 c 105 § 2; 1963 c 4 §
36.23.080. Prior: 1891 c 57 § 1; RRS § 73, part. Cf. Code
1881 § 2125.]
36.23.080
36.23.090 Search for birth parents—County clerk’s
duty. The county clerk shall provide the name and telephone
number of at least one resource to assist adopted persons who
are searching for birth parents, or birth parents who are
searching for children they have relinquished, if these
resources have contacted the clerk’s office and requested that
their name be made available to persons making inquiry.
[1990 c 146 § 10.]
36.23.090
36.23.100 Electronic payment of court fees and other
financial obligations—Authorized. County clerks are
authorized to accept credit cards, charge cards, debit cards,
smart cards, stored value cards, federal wire, and automatic
clearinghouse system transactions, or other electronic communication, for payment of all fees and moneys due the court
under RCW 36.18.012 through 36.18.020, and for the payment of court-ordered legal financial obligations of criminal
defendants which include, but are not limited to, fines, fees,
36.23.100
[Title 36 RCW—page 48]
assessments, restitution, and crime victims’ compensation,
consistent with RCW 36.48.010, 36.48.080, and 36.48.090.
A payer desiring to pay by credit card, charge card, debit
card, smart card, stored value card, federal wire, and automatic clearinghouse system transactions, or other electronic
communication shall bear the cost of processing the transaction. [2000 c 202 § 1.]
36.23.110 Legal financial obligations—Report on
collections. The Washington association of county officials,
in consultation with county clerks, shall determine a funding
formula for allocation of moneys to counties for purposes of
collecting legal financial obligations, and report this formula
to the legislature and the administrative office of the courts
by September 1, 2003. The Washington association of
county officials shall report on the amounts of legal financial
obligations collected by the county clerks to the appropriate
committees of the legislature no later than December 1, 2004,
and annually thereafter. [2003 c 379 § 20.]
36.23.110
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Chapter 36.24
Chapter 36.24 RCW
COUNTY CORONER
Sections
36.24.010
36.24.020
36.24.030
36.24.040
36.24.050
36.24.060
36.24.070
36.24.080
36.24.090
36.24.100
36.24.110
36.24.120
36.24.130
36.24.140
36.24.150
36.24.155
36.24.160
36.24.170
36.24.175
36.24.180
36.24.190
To act as sheriff under certain conditions.
Inquests.
Penalty for nonattendance of juror.
Duty of coroner’s jury—Oath.
Power to summon witnesses—Subpoenas.
Power to employ physician or surgeon—Compensation.
Verdict of jury.
Testimony reduced to writing in certain cases and witnesses
recognized.
Procedure where accused is under arrest.
Procedure where accused is at large—Warrant of arrest.
Form of warrant.
Service of warrant.
Property of deceased.
Duty of treasurer.
Delivery to representatives.
Undisposed of remains—Entrusting to funeral homes or mortuaries.
District judge may act as coroner.
Coroner not to practice law.
Coroner not to be owner or employee of funeral home or mortuary—Counties with populations of forty thousand or more.
Audit of coroner’s account.
Medical examiner—When authorized—Election—Qualifications for appointment.
Action against, limitation on: RCW 4.16.080.
Cemetery districts: Chapter 68.52 RCW.
Dead bodies
coroner’s jurisdiction over, when: RCW 68.50.010.
coroner’s right to dissect, when: RCW 68.50.100.
Duties relating to
execution of judgment: Chapter 6.17 RCW.
human remains, generally: Chapter 68.50 RCW.
public cemetery and morgue, management: RCW 68.52.020.
reports of death caused in motor vehicle accidents: RCW 46.52.050.
successors, delivery of documents and property to: RCW 36.28.120.
vital statistics: Chapter 70.58 RCW.
Labor disputes, arbitration of, service of process by: RCW 49.08.030.
(2010 Ed.)
County Coroner
State hospitals for individuals with mental illness, report of death of patient
in, given coroner: RCW 72.23.190.
Vehicle of as emergency vehicle: RCW 46.04.040.
36.24.010 To act as sheriff under certain conditions.
The coroner shall perform the duties of the sheriff in all cases
where the sheriff is interested or otherwise incapacitated
from serving; and whenever the coroner acts as sheriff he or
she shall possess the powers and perform all the duties of
sheriff, and shall be liable on his or her official bond in like
manner as the sheriff would be, and shall be entitled to the
same fees as are allowed by law to the sheriff for similar services: PROVIDED, That nothing herein contained shall prevent the court from appointing a suitable person to discharge
such duties, as provided by RCW 36.28.090. [2009 c 549 §
4031; 1963 c 4 § 36.24.010. Prior: 1897 c 21 § 1; Code 1881
§ 2776; 1863 p 559 § 2; 1854 p 436 § 2; RRS § 4180.]
36.24.010
36.24.020 Inquests. Any coroner, in his or her discretion, may hold an inquest if the coroner suspects that the
death of a person was unnatural, or violent, or resulted from
unlawful means, or from suspicious circumstances, or was of
such a nature as to indicate the possibility of death by the
hand of the deceased or through the instrumentality of some
other person: PROVIDED, That, except under suspicious
circumstances, no inquest shall be held following a traffic
death.
The coroner in the county where an inquest is to be convened pursuant to this chapter shall notify the superior court
to provide persons to serve as a jury of inquest to hear all the
evidence concerning the death and to inquire into and render
a true verdict on the cause of death. Jurors shall be selected
and summoned in the same manner and shall have the same
qualifications as specified in chapter 2.36 RCW. The prosecuting attorney having jurisdiction shall be notified in
advance of any such inquest to be held, and at his or her discretion may be present at and assist the coroner in the conduct
of the same. The coroner may adjourn the inquest from time
to time as he or she may deem necessary.
The costs of inquests shall be borne by the county in
which the inquest is held. [2009 c 549 § 4032; 1988 c 188 §
18; 1963 c 4 § 36.24.020. Prior: 1953 c 188 § 3; Code 1881
§ 2777; 1863 p 560 § 3; 1854 p 436 § 3; RRS § 4181.]
36.24.020
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
36.24.030 Penalty for nonattendance of juror. Every
person summoned as a juror who fails to appear without having a reasonable excuse shall forfeit a sum not exceeding
twenty dollars, to be recovered by the coroner, in the name of
the state, before any district judge of the county. The penalty
when collected shall be paid over to the county treasurer for
the use of the county. [1987 c 202 § 202; 1963 c 4 §
36.24.030. Prior: Code 1881 § 2778; 1863 p 560 § 4; 1854 p
436 § 4; RRS § 4182.]
36.24.030
Intent—1987 c 202: See note following RCW 2.04.190.
36.24.040 Duty of coroner’s jury—Oath. When four
or more of the jurors attend, they shall be sworn by the coroner to inquire who the person was, and when, where, and by
what means he or she came to his or her death, and into the
36.24.040
(2010 Ed.)
36.24.090
circumstances attending his or her death, and to render a true
verdict therein, according to the evidence afforded them, or
arising from the inspection of the body. [2009 c 549 § 4033;
1963 c 4 § 36.24.040. Prior: Code 1881 § 2779; 1863 p 560
§ 5; 1854 p 436 § 5; RRS § 4183.]
36.24.050 Power to summon witnesses—Subpoenas.
The coroner may issue subpoenas for witnesses returnable
forthwith or at such time and place as the coroner may
appoint, which may be served by any competent person. The
coroner must summon and examine as witnesses, on oath
administered by the coroner, every person, who, in his or her
opinion or that of any of the jury, has any knowledge of the
facts. A witness served with a subpoena may be compelled to
attend and testify, or be punished by the coroner for disobedience, in like manner as upon a subpoena issued by a district
judge. [1987 c 202 § 203; 1963 c 4 § 36.24.050. Prior: (i)
1901 c 131 § 1, part; Code 1881 § 2780, part; 1863 p 560 § 6,
part; 1854 p 436 § 6, part; RRS § 4184, part. (ii) Code 1881 §
2781; 1863 p 560 § 7; 1854 p 437 § 7; RRS § 4186.]
36.24.050
Intent—1987 c 202: See note following RCW 2.04.190.
36.24.060 Power to employ physician or surgeon—
Compensation. The coroner may summon a surgeon or physician to inspect the body and give under oath a professional
opinion as to the cause of death. The fees for the coroner’s
physician or surgeon shall not be less than ten dollars. [1963
c 4 § 36.24.060. Prior: (i) 1901 c 131 § 1, part; Code 1881 §
2780, part; 1863 p 560 § 6, part; 1854 p 436 § 6, part; RRS §
4184, part.]
36.24.060
36.24.070 Verdict of jury. After hearing the testimony,
the jury shall render its verdict and certify the same in writing
signed by the jurors, and setting forth who the person killed
is, if known, and when, where and by what means he or she
came to his or her death; or if he or she was killed, or his or
her death was occasioned by the act of another by criminal
means, who is guilty thereof, if known. [2009 c 549 § 4034;
1963 c 4 § 36.24.070. Prior: 1953 c 188 § 4; Code 1881 §
2782; 1863 p 560 § 8; 1854 p 437 § 8; RRS § 4187.]
36.24.070
36.24.080 Testimony reduced to writing in certain
cases and witnesses recognized. In all cases where murder
or manslaughter is supposed to have been committed, the testimony of witnesses taken before the coroner’s jury shall be
reduced to writing by the coroner, or under his or her direction, and he or she shall also recognize such witnesses to
appear and testify in the superior court of the county, and
shall forthwith file the written testimony, inquisition, and
recognizance with the clerk of such court. [2009 c 549 §
4035; 1963 c 4 § 36.24.080. Prior: Code 1881 § 2783; 1863
p 561 § 9; 1854 p 437 § 9; RRS § 4188.]
36.24.080
36.24.090 Procedure where accused is under arrest.
If the person charged with the commission of the offense has
been arrested before the inquisition has been filed, the coroner shall deliver the recognizance and the inquisition, with
the testimony taken, to the magistrate before whom such person may be brought, who shall return the same, with the depositions and statements taken before him or her to the clerk of
36.24.090
[Title 36 RCW—page 49]
36.24.100
Title 36 RCW: Counties
the superior court of the county. [2009 c 549 § 4036; 1963 c
4 § 36.24.090. Prior: Code 1881 § 2784; 1863 p 561 § 10;
1854 p 437 § 10; RRS § 4189.]
36.24.100 Procedure where accused is at large—
Warrant of arrest. If the jury finds that the person was
killed and the party committing the homicide is ascertained
by the inquisition, but is not in custody, the coroner shall
issue a warrant for the arrest of the person charged, returnable
forthwith to the nearest magistrate. [1963 c 4 § 36.24.100.
Prior: Code 1881 § 2785; 1863 p 561 § 11; 1854 p 437 § 11;
RRS § 4190.]
36.24.100
36.24.110 Form of warrant. The coroner’s warrant
shall be in substantially the following form:
36.24.110
State of Washington,
County of . . . . . . . . . . . . .
36.24.140
36.24.140 Duty of treasurer. Upon the delivery of
money to the treasurer, the treasurer shall place it to the credit
of the county. [2004 c 79 § 2; 1963 c 4 § 36.24.140. Prior:
Code 1881 § 2790; 1863 p 562 § 16; 1854 p 438 § 16; RRS §
4195.]
36.24.150
36.24.150 Delivery to representatives. If the money in
the treasury is demanded within six years by the legal representatives of the deceased, the treasurer shall pay it to them
after deducting the fees and expenses of the coroner and of
the county in relation to the matter, or the same may be so
paid at any time thereafter, upon the order of the board of
county commissioners of the county. [1963 c 4 § 36.24.150.
Prior: Code 1881 § 2791; 1863 p 562 § 17; 1854 p 438 § 17;
RRS § 4196.]
36.24.155
ss.
To any sheriff or constable of the county.
An inquisition having been this day found by the coroner’s jury, before me, stating that A B has come to his or
her death by the act of C D, by criminal means (or as the
case may be, as found by the inquisition), you are therefore
commanded, in the name of the state of Washington, forthwith to arrest the above named C D, and take him or her
before the nearest or most accessible magistrate in this
county.
Given under my hand this . . . . day of . . . . . ., A.D.
19. . .
E F, coroner of the county of . . . . . . . . . .
[2009 c 549 § 4037; 1963 c 4 § 36.24.110. Prior: Code 1881
§ 2786; 1863 p 561 § 12; 1854 p 437 § 12; RRS § 4191.]
36.24.120 Service of warrant. The coroner’s warrant
may be served in any county, and the officers serving it shall
proceed thereon, in all respects, as upon a warrant of arrest.
[1963 c 4 § 36.24.120. Prior: Code 1881 § 2787; 1863 p 561
§ 13; 1854 p 438 § 13; RRS § 4192.]
36.24.120
36.24.155 Undisposed of remains—Entrusting to
funeral homes or mortuaries. Whenever anyone shall die
within a county without making prior plans for the disposition of his or her body and there is no other person willing to
provide for the disposition of the body, the county coroner
shall cause such body to be entrusted to a funeral home in the
county where the body is found. Disposition shall be on a
rotation basis, which shall treat equally all funeral homes or
mortuaries desiring to participate, such rotation to be established by the coroner after consultation with representatives
of the funeral homes or mortuaries in the county or counties
involved. [2009 c 549 § 4038; 1969 ex.s. c 259 § 2.]
Human remains that have not been disposed: RCW 68.50.230.
36.24.160
36.24.160 District judge may act as coroner. If the
office of coroner is vacant, or the coroner is absent or unable
to attend, the duties of the coroner’s office may be performed
by any district judge in the county with the like authority and
subject to the same obligations and penalties as the coroner.
For such service a district judge shall be entitled to the same
fees, payable in the same manner. [1987 c 202 § 204; 1963 c
4 § 36.24.160. Prior: (i) Code 1881 § 2793; 1863 p 562 § 19;
1854 p 438 § 19; RRS § 4198. (ii) Code 1881 § 2795; 1863 p
562 § 21; 1854 p 438 § 21; RRS § 4199.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.24.130 Property of deceased. The coroner or medical examiner must, within thirty days after the investigation
of the death, deliver to the county treasurer any money which
may be found upon the body, unless claimed in the meantime
by the legal representatives of the deceased. If there is personal property, other than money, found upon the body,
unless claimed in the meantime by a legal representative of
the deceased, the coroner or medical examiner shall, within
one hundred eighty days of the investigation, be authorized to
dispose of any property of no resale value and forward any
other property to the applicable county agency to be sold at
the next county surplus sale. Any proceeds from the sale
shall be forwarded to the county treasurer. If the coroner or
medical examiner fails to do so, the treasurer may proceed
against the coroner or medical examiner to recover the same
by a civil action in the name of the county. [2004 c 79 § 1;
1963 c 4 § 36.24.130. Prior: Code 1881 § 2789; 1863 p 562
§ 15; 1854 p 438 § 15; RRS § 4194.]
36.24.130
[Title 36 RCW—page 50]
36.24.170
36.24.170 Coroner not to practice law. The coroner
shall not appear or practice as attorney in any court, except in
defense of himself or herself or his or her deputies. [2009 c
549 § 4039; 1963 c 4 § 36.24.170. Prior: 1891 c 45 § 4, part;
Code 1881 § 2770, part; 1863 p 558 § 5, part; 1854 p 434 § 5,
part; RRS § 4171, part.]
36.24.175
36.24.175 Coroner not to be owner or employee of
funeral home or mortuary—Counties with populations of
forty thousand or more. In each county with a population
of forty thousand or more, no person shall be qualified for the
office of county coroner as provided for in RCW 36.16.030
who is an owner or employee of any funeral home or mortuary. [1991 c 363 § 54; 1969 ex.s. c 259 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2010 Ed.)
Public Defender
36.24.180 Audit of coroner’s account. Before auditing
and allowing the account of the coroner the board of county
commissioners shall require from him or her a verified statement in writing, accounting for all money or other property
found upon persons on whom inquests have been held by him
or her, and that the money or property mentioned in it has
been delivered to the legal representatives of the deceased, or
to the county treasurer. [2009 c 549 § 4040; 1963 c 4 §
36.24.180. Prior: Code 1881 § 2792; 1863 p 562 § 18; 1854
p 438 § 18; RRS § 4197.]
36.24.180
36.24.190 Medical examiner—When authorized—
Election—Qualifications for appointment. In a county
with a population of two hundred fifty thousand or more, the
county legislative authority may, upon majority vote at an
election called by the county legislative authority, adopt a
system under which a medical examiner may be appointed to
replace the office of the coroner. The county legislative
authority must adopt a resolution or ordinance that creates the
office of medical examiner at least thirty days prior to the
first day of filing for the primary election for county offices.
If a county adopts such a resolution or ordinance, the resolution or ordinance shall be referred to the voters for confirmation or rejection at the next date for a special election according to RCW 29A.04.321. If the resolution or ordinance is
approved by majority vote, no election shall be held for the
position of coroner and the coroner’s position is abolished
following the expiration of the coroner’s term of office or
upon vacating of the office of the coroner for any reason. The
county legislative authority shall appoint a medical examiner
to assume the statutory duties performed by the county coroner and the appointment shall become effective following the
expiration of the coroner’s term of office or upon the vacating
of the office of the coroner. To be appointed as a medical
examiner pursuant to this section, a person must either be:
(1) Certified as a forensic pathologist by the American board
of pathology; or (2) a qualified physician eligible to take the
American board of pathology exam in forensic pathology
within one year of being appointed. A physician specializing
in pathology who is appointed to the position of medical
examiner and who is not certified as a forensic pathologist
must pass the pathology exam within three years of the
appointment. [2006 c 344 § 27; 1996 c 108 § 2.]
36.24.190
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
36.26.050
(1) "County commissioners" or "board of county commissioners" means and includes:
(a) Any single board of county commissioners, county
council, or other governing body of any county which has
neither a board of county commissioners nor a county council
denominated as such; and
(b) The governing bodies, including any combination or
mixture of more than one board of county commissioners,
county council, or otherwise denominated governing body of
a county, of any two or more contiguous counties electing to
participate jointly in the support of any intercounty public
defender.
(2) "District" or "public defender district" means any one
or more entire counties electing to employ a public defender;
and no county shall be divided in the creation of any public
defender district. [1969 c 94 § 1.]
36.26.020 Public defender district—Creation—
Office of public defender. The board of county commissioners of any single county or of any two or more territorially contiguous counties or acting in cooperation with the
governing authority of any city located within the county or
counties may, by resolution or by ordinance, or by concurrent
resolutions or concurrent ordinances, constitute such county
or counties or counties and cities as a public defender district,
and may establish an office of public defender for such district. [1969 c 94 § 2.]
36.26.020
36.26.030 Selection committee. The board of county
commissioners of every county electing to become or to join
in a public defender district shall appoint a selection committee for the purpose of selecting a full or part time public
defender for the public defender district. Such selection committee shall consist of one member of each board of county
commissioners, one member of the superior court from each
county, and one practicing attorney from each county within
the district. [1969 c 94 § 3.]
36.26.030
36.26.040 Public defender—Qualifications—Term.
Every public defender and every assistant public defender
must be a qualified attorney licensed to practice law in this
state; and the term of the public defender shall coincide with
the elected term of the prosecuting attorney. [1969 c 94 § 4.]
36.26.040
36.26.050 Reports—Records—Costs and expenses.
The public defender shall make an annual report to each
board of county commissioners within his or her district. If
any public defender district embraces more than one county
or a cooperating city, the public defender shall maintain
records of expenses allocable to each county or city within
the district, and shall charge such expenses only against the
county or city for which the services were rendered or the
costs incurred. The boards of county commissioners of counties and the governing authority of any city participating
jointly in a public defender district are authorized to provide
for the sharing of the costs of the district by mutual agreement, for any costs which cannot be specifically apportioned
to any particular county or city within the district.
Expenditures by the public defender shall be subject to
the provisions of chapter 36.40 RCW and other statutes relat36.26.050
Chapter 36.26
Chapter 36.26 RCW
PUBLIC DEFENDER
Sections
36.26.010
36.26.020
36.26.030
36.26.040
36.26.050
36.26.060
36.26.070
36.26.080
36.26.090
36.26.900
Definitions.
Public defender district—Creation—Office of public
defender.
Selection committee.
Public defender—Qualifications—Term.
Reports—Records—Costs and expenses.
Compensation—Office—Assistants, clerks, investigators, etc.
Duty to represent indigent defendants.
Duty to counsel, defend, and prosecute appeals.
Appointment of attorney other than public defender.
Chapter cumulative and nonexclusive.
36.26.010 Definitions. As used in this chapter:
36.26.010
(2010 Ed.)
[Title 36 RCW—page 51]
36.26.060
Title 36 RCW: Counties
ing to expenditures by counties or cities. [2009 c 549 § 4041;
1969 c 94 § 5.]
36.26.060 Compensation—Office—Assistants,
clerks, investigators, etc. (1) The board of county commissioners shall:
(a) Fix the compensation of the public defender and of
any staff appointed to assist him or her in the discharge of his
or her duties: PROVIDED, That the compensation of the
public defender shall not exceed that of the county prosecutor
in those districts which comprise only one county;
(b) Provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of his or her office in the discharge of his or her duties,
or provide an allowance in lieu of facilities and supplies.
(2) The public defender may appoint as many assistant
attorney public defenders, clerks, investigators, stenographers and other employees as the board of county commissioners considers necessary in the discharge of his or her
duties as a public defender. [2009 c 549 § 4042; 1969 c 94 §
6.]
36.26.060
36.26.070 Duty to represent indigent defendants.
The public defender must represent, without charge to any
accused, every indigent person who is or has been arrested or
charged with a crime for which court appointed counsel for
indigent defendants is required either under the Constitution
of the United States or under the Constitution and laws of the
state of Washington:
(1) If such arrested person or accused, having been
apprised of his or her constitutional and statutory rights to
counsel, requests the appointment of counsel to represent him
or her; and
(2) If a court, on its own motion or otherwise, does not
appoint counsel to represent the accused; and
(3) Unless the arrested person or accused, having been
apprised of his or her right to counsel in open court, affirmatively rejects or intelligently repudiates his or her constitutional and statutory rights to be represented by counsel.
[2009 c 549 § 4043; 1984 c 76 § 18; 1969 c 94 § 7.]
36.26.070
36.26.080 Duty to counsel, defend, and prosecute
appeals. Whenever the public defender represents any indigent person held in custody without commitment or charged
with any criminal offense, he or she must (1) counsel and
defend such person, and (2) prosecute any appeals and other
remedies, whether before or after conviction, which he or she
considers to be in the interests of justice. [2009 c 549 § 4044;
1969 c 94 § 8.]
36.26.080
36.26.090 Appointment of attorney other than public
defender. For good cause shown, or in any case involving a
crime of widespread notoriety, the court may, upon its own
motion or upon application of either the public defender or of
the indigent accused, appoint an attorney other than the public defender to represent the accused at any stage of the proceedings or on appeal: PROVIDED, That the public
defender may represent an accused, not an indigent, in any
case of public notoriety where the court may find that adequate retained counsel is not available. The court shall award,
36.26.090
[Title 36 RCW—page 52]
and the county in which the offense is alleged to have been
committed shall pay, such attorney reasonable compensation
and reimbursement for any expenses reasonably and necessarily incurred in the presentation of the accused’s defense or
appeal, in accordance with RCW 4.88.330. [1984 c 76 § 19;
1983 c 3 § 76; 1969 c 94 § 9.]
36.26.900 Chapter cumulative and nonexclusive. The
provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy, particularly in
counties electing not to create the office of public defender:
PROVIDED, That nothing herein shall be construed to prevent the appointment of a full time or part time assignedcounsel administrator for the purpose of maintaining a centrally administered system for the assignment of counsel to
represent indigent persons. [1969 c 94 § 10.]
36.26.900
Chapter 36.27
Chapter 36.27 RCW
PROSECUTING ATTORNEY
Sections
36.27.005
36.27.010
36.27.020
36.27.030
36.27.040
36.27.045
36.27.050
36.27.060
36.27.070
36.27.100
36.27.110
36.27.120
Defined.
Eligibility to office.
Duties.
Disability of prosecuting attorney.
Appointment of deputies—Special and temporary deputies.
Employment of legal interns.
Special emoluments prohibited.
Private practice prohibited in certain counties—Deputy prosecutors.
Office at county seat.
Statewide drug prosecution assistance program—Created.
Statewide drug prosecution assistance program—Advisory
committee—Selection of project director.
Statewide drug prosecution assistance program—Personnel—
Review of assignments—Supervision of special deputies.
Attorney general to act if prosecuting attorney defaults: RCW 43.10.090.
Attorney general to assist: RCW 43.10.030(4).
Autopsy reports, prosecuting attorney may know contents of: RCW
68.50.105.
Charitable solicitors, prosecuting attorney’s powers and duties relating to:
Chapter 19.09 RCW.
County canvassing board, prosecuting attorney as member: RCW
29A.60.160, 39.40.030.
Defined for diking, drainage or sewerage improvement district purposes:
RCW 85.08.010.
Dissolution of inactive port districts: Chapter 53.47 RCW.
District court districting committee, as member of: RCW 3.38.010.
Duties relating to
air pollution control regulations: Chapter 70.94 RCW.
apple commission law: RCW 15.24.180.
baseball contracts with minors: RCW 67.04.110, 67.04.120.
basic juvenile court act: Chapter 13.04 RCW.
camping resorts: RCW 19.105.470, 19.105.490.
cigarette excise tax forfeiture proceeding: RCW 82.24.135.
cities and towns, proceedings attacking validity of consolidation or annexation: RCW 35.23.545.
civil service for sheriff’s office: RCW 41.14.170.
crime victims and witnesses, comprehensive programs: RCW 7.68.035.
dairy products commission law: RCW 15.44.160.
degree-granting institutions: Chapter 28B.85 RCW.
dental hygienists, licensing of: RCW 18.29.100.
department of natural resources: RCW 78.52.035.
diking, drainage and sewerage improvement districts: Chapter 85.08
RCW.
diseased apiaries as nuisance: Chapter 15.60 RCW.
elections, initiative and referendum: Chapter 29A.72 RCW.
elevators, escalators, like conveyances: RCW 70.87.140.
(2010 Ed.)
Prosecuting Attorney
eminent domain by counties: Chapter 8.08 RCW.
food, drug and cosmetic act: RCW 69.04.160.
grain and terminal warehouses, commodity inspection violations: Chapter 22.09 RCW.
homestead property, application to alienate upon grounds of insanity of
one spouse: Chapter 6.13 RCW.
hotels, safety inspection violations: Chapter 70.62 RCW.
housing authority act: RCW 35.82.040.
individuals with mental illness, alcoholics, detention of in private hospitals: Chapter 71.12 RCW.
inspection and certification service fees: RCW 15.17.150.
liquor violations: RCW 66.44.010.
abatement proceedings: Chapter 66.36 RCW.
mental illness: Chapter 71.05 RCW.
pharmacists, regulations of: Chapter 18.64 RCW.
physical therapy, practice of: RCW 18.74.090, 18.74.095.
pilotage act, violations: Chapter 88.16 RCW.
plats, subdivisions and dedications, failure to file: Chapter 58.17 RCW.
private vocational schools: Chapter 28C.10 RCW.
public lands, tidelands and shorelands, appraisal of: RCW 79.125.070.
railroad grade crossings as nuisance, abatement of: RCW 81.53.190.
real estate brokers and salespersons licensing provisions: RCW
18.85.430.
retail installment transaction act: RCW 63.14.190.
river and harbor improvement districts: Chapter 88.32 RCW.
school districts, violations applicable to: Chapter 28A.635 RCW.
securities act: RCW 21.20.410.
seeds: Chapter 15.49 RCW.
sexual psychopaths and psychopathic delinquents: Chapter 71.06 RCW.
soft tree fruits commission law: RCW 15.28.290.
standards, grades and packs violations: RCW 15.17.260.
support of dependent children: Chapter 74.20 RCW.
taxes, property
lien foreclosure: Chapter 84.64 RCW.
recovery: Chapter 84.68 RCW.
term papers, theses, dissertations, sale of prohibited: RCW 28B.10.584.
uniform reciprocal enforcement of support act: Chapter 26.21A RCW.
veterans, employment, reemployment rights: RCW 73.16.061.
vital statistics: Chapter 70.58 RCW.
wages, payment and collection of: RCW 49.48.050.
Washington commercial feed law: Chapter 15.53 RCW.
Washington fertilizer act: RCW 15.54.470.
Washington pesticide act: Chapter 15.58 RCW.
Washington state agricultural enabling act of 1961: RCW 15.65.550.
water code: RCW 90.03.100, 90.03.350.
weed districts: Chapter 17.04 RCW.
wharves, eminent domain of county to provide: RCW 88.24.070.
Gambling activities, as affecting: Chapter 9.46 RCW.
Governor may request action by: RCW 43.06.010(6).
Juvenile justice act, duties of prosecuting attorney: Chapter 13.40 RCW.
Pawnbroker’s and secondhand dealers’ records open to inspection: RCW
19.60.020.
Support of dependent children, records available for use in proceedings
relating to: RCW 74.20.280.
Uniform interstate family support act, prosecuting attorney may enter into
agreement where attorney general will carry out duties under: RCW
74.20.210.
Vehicle of is emergency vehicle: RCW 46.04.040.
Washington habitual traffic offenders act, prosecuting attorney’s duties:
Chapter 46.65 RCW.
36.27.005 Defined. Prosecuting attorneys are attorneys
authorized by law to appear for and represent the state and the
counties thereof in actions and proceedings before the courts
and judicial officers. [1963 c 4 § 36.27.005. Prior: 1891 c 55
§ 3; RRS § 113.]
36.27.005
36.27.010 Eligibility to office. No person shall be eligible to the office of prosecuting attorney in any county of
this state, unless he or she is a qualified elector therein, and
36.27.010
(2010 Ed.)
36.27.020
has been admitted as an attorney and counselor of the courts
of this state. [2009 c 549 § 4045; 1963 c 4 § 36.27.010.
Prior: 1891 c 55 § 4; RRS § 4128. Cf. 1883 p 72 § 7.]
36.27.020 Duties. The prosecuting attorney shall:
(1) Be legal adviser of the legislative authority, giving
them [it] his or her written opinion when required by the legislative authority or the chairperson thereof touching any subject which the legislative authority may be called or required
to act upon relating to the management of county affairs;
(2) Be legal adviser to all county and precinct officers
and school directors in all matters relating to their official
business, and when required draw up all instruments of an
official nature for the use of said officers;
(3) Appear for and represent the state, county, and all
school districts subject to the supervisory control and direction of the attorney general in all criminal and civil proceedings in which the state or the county or any school district in
the county may be a party;
(4) Prosecute all criminal and civil actions in which the
state or the county may be a party, defend all suits brought
against the state or the county, and prosecute actions upon
forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the
state or the county;
(5) Attend and appear before and give advice to the
grand jury when cases are presented to it for consideration
and draw all indictments when required by the grand jury;
(6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably
suspected of felonies when the prosecuting attorney has
information that any such offense has been committed and
the prosecuting attorney shall for that purpose attend when
required by them if the prosecuting attorney is not then in
attendance upon the superior court;
(7) Carefully tax all cost bills in criminal cases and take
care that no useless witness fees are taxed as part of the costs
and that the officers authorized to execute process tax no
other or greater fees than the fees allowed by law;
(8) Receive all cost bills in criminal cases before district
judges at the trial of which the prosecuting attorney was not
present, before they are lodged with the legislative authority
for payment, whereupon the prosecuting attorney may retax
the same and the prosecuting attorney must do so if the legislative authority deems any bill exorbitant or improperly
taxed;
(9) Present all violations of the election laws which may
come to the prosecuting attorney’s knowledge to the special
consideration of the proper jury;
(10) Examine once in each year the official bonds of all
county and precinct officers and report to the legislative
authority any defect in the bonds of any such officer;
(11) Make an annual report to the governor as of the 31st
of December of each year setting forth the amount and nature
of business transacted by the prosecuting attorney in that year
with such other statements and suggestions as the prosecuting
attorney may deem useful;
(12) Send to the state liquor control board at the end of
each year a written report of all prosecutions brought under
the state liquor laws in the county during the preceding year,
showing in each case, the date of trial, name of accused,
36.27.020
[Title 36 RCW—page 53]
36.27.030
Title 36 RCW: Counties
nature of charges, disposition of case, and the name of the
judge presiding;
(13) Seek to reform and improve the administration of
criminal justice and stimulate efforts to remedy inadequacies
or injustice in substantive or procedural law. [1995 c 194 § 4;
1987 c 202 § 205; 1975 1st ex.s. c 19 § 1; 1963 c 4 §
36.27.020. Prior: (i) 1911 c 75 § 1; 1891 c 55 § 7; RRS § 116.
(ii) 1886 p 65 § 5; 1883 p 73 § 10; Code 1881 § 2171; 1879 p
93 § 6; 1877 p 246 § 6; 1863 p 408 § 4; 1860 p 335 § 3; 1858
p 12 § 4; 1854 p 416 § 4; RRS § 4130. (iii) 1886 p 61 § 7;
1883 p 73 § 12; Code 1881 § 2168; 1879 p 94 § 8; 1877 p 247
§ 8; RRS § 4131. (iv) 1886 p 61 § 8; 1883 p 74 § 13; Code
1881 § 2169; 1879 p 94 § 8; 1877 p 247 § 9; RRS § 4132. (v)
1886 p 61 § 9; 1883 p 74 § 14; Code 1881 § 2170; 1879 p 94
§ 9; 1877 p 247 § 10; RRS § 4133. (vi) 1886 p 62 § 13; 1883
p 74 § 18; Code 1881 § 2165; 1879 p 95 § 13; 1877 p 248 §
14; 1863 p 409 § 5; 1860 p 334 § 4; 1858 p 12 § 5; 1854 p 417
§ 5; RRS § 4134. (vii) Referendum No. 24; 1941 c 191 § 1;
1886 p 63 § 18; 1883 p 76 § 24; Code 1881 § 2146; 1879 p 96
§ 18; RRS § 4136. (viii) Code 1881 § 3150; 1866 p 52 § 10;
RRS § 4137. (ix) 1933 ex.s. c 62 § 81, part; RRS § 7306-81,
part.]
Intent—1987 c 202: See note following RCW 2.04.190.
Annual report to include number of child abuse reports and cases: RCW
26.44.075.
36.27.030 Disability of prosecuting attorney. When
from illness or other cause the prosecuting attorney is temporarily unable to perform his or her duties, the court or judge
may appoint some qualified person to discharge the duties of
such officer in court until the disability is removed.
When any prosecuting attorney fails, from sickness or
other cause, to attend a session of the superior court of his or
her county, or is unable to perform his or her duties at such
session, the court or judge may appoint some qualified person
to discharge the duties of such session, and the appointee
shall receive a compensation to be fixed by the court, to be
deducted from the stated salary of the prosecuting attorney,
not exceeding, however, one-fourth of the quarterly salary of
the prosecuting attorney: PROVIDED, That in counties
wherein there is no person qualified for the position of prosecuting attorney, or wherein no qualified person will consent
to perform the duties of that office, the judge of the superior
court shall appoint some suitable person, a duly admitted and
practicing attorney-at-law and resident of the state to perform
the duties of prosecuting attorney for such county, and he or
she shall receive such reasonable compensation for his or her
services as shall be fixed and ordered by the court, to be paid
by the county for which the services are performed. [2009 c
549 § 4046; 1963 c 4 § 36.27.030. Prior: (i) 1891 c 55 § 5;
RRS § 114. (ii) 1893 c 52 § 1; 1886 p 62 § 14; 1883 p 74 §
19; Code 1881 § 2166; 1879 p 95 § 14; 1877 p 248 § 15; 1863
p 409 § 6; 1860 p 335 § 5; 1858 p 13 § 6; 1854 p 417 § 6; RRS
§ 4135.]
36.27.030
36.27.040 Appointment of deputies—Special and
temporary deputies. The prosecuting attorney may appoint
one or more deputies who shall have the same power in all
respects as their principal. Each appointment shall be in writing, signed by the prosecuting attorney, and filed in the
county auditor’s office. Each deputy thus appointed shall
36.27.040
[Title 36 RCW—page 54]
have the same qualifications required of the prosecuting
attorney, except that such deputy need not be a resident of the
county in which he or she serves. The prosecuting attorney
may appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be
limited to the purposes stated in the writing signed by the
prosecuting attorney and filed in the county auditor’s office.
Such special deputy prosecuting attorney shall be admitted to
practice as an attorney before the courts of this state but need
not be a resident of the county in which he or she serves and
shall not be under the legal disabilities attendant upon prosecuting attorneys or their deputies except to avoid any conflict
of interest with the purpose for which he or she has been
engaged by the prosecuting attorney. The prosecuting attorney shall be responsible for the acts of his or her deputies and
may revoke appointments at will.
Two or more prosecuting attorneys may agree that one or
more deputies for any one of them may serve temporarily as
deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys. Any
such deputy thus serving shall have the same power in all
respects as if he or she were serving permanently.
The provisions of chapter 39.34 RCW shall not apply to
such agreements.
The provisions of *RCW 41.56.030(2) shall not be interpreted to permit a prosecuting attorney to alter the at-will
relationship established between the prosecuting attorney and
his or her appointed deputies by this section for a period of
time exceeding his or her term of office. Neither shall the
provisions of *RCW 41.56.030(2) require a prosecuting
attorney to alter the at-will relationship established by this
section. [2009 c 549 § 4047; 2000 c 23 § 2; 1975 1st ex.s. c
19 § 2; 1963 c 4 § 36.27.040. Prior: 1959 c 30 § 1; 1943 c 35
§ 1; 1903 c 7 § 1; 1891 c 55 § 6; 1886 p 63 § 17; 1883 p 76 §
23; Code 1881 § 2142; 1879 p 95 § 16; Rem. Supp. 1943 §
115.]
*Reviser’s note: RCW 41.56.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (2) to subsection (12).
36.27.045 Employment of legal interns. Notwithstanding any other provision of this chapter, nothing in this
chapter shall be deemed to prevent a prosecuting attorney
from employing legal interns as otherwise authorized by statute or court rule. [1974 ex.s. c 6 § 1.]
36.27.045
36.27.050 Special emoluments prohibited. No prosecuting attorney shall receive any fee or reward from any person, on behalf of any prosecution, or for any of his or her official services, except as provided in this title, nor shall he or
she be engaged as attorney or counsel for any party in any
action depending upon the same facts involved in any criminal proceeding. [2009 c 549 § 4048; 1963 c 4 § 36.27.050.
Prior: 1888 p 189 § 1; 1886 p 62 § 12; 1883 p 74 § 17; Code
1881 § 2164; 1879 p 94 § 12; 1877 p 248 § 13; 1863 p 409 §
8; 1860 p 335 § 7; 1858 p 13 § 8; 1854 p 417 § 7; RRS §
4138.]
36.27.050
36.27.060 Private practice prohibited in certain
counties—Deputy prosecutors. (1) The prosecuting attorney, and deputy prosecuting attorneys, of each county with a
36.27.060
(2010 Ed.)
County Sheriff
population of eighteen thousand or more shall serve full time
and except as otherwise provided for in this section shall not
engage in the private practice of law.
(2) Deputy prosecuting attorneys in a county with a population of from eighteen thousand to less than one hundred
twenty-five thousand may serve part time and engage in the
private practice of law if the county legislative authority so
provides.
(3) Except as provided in subsection (4) of this section,
nothing in this section prohibits a prosecuting attorney or
deputy prosecuting attorney in any county from:
(a) Performing legal services for himself or herself or his
or her immediate family; or
(b) Performing legal services of a charitable nature.
(4) The legal services identified in subsection (3) of this
section may not be performed if they would interfere with the
duties of a prosecuting attorney, or deputy prosecuting attorney and no services that are performed shall be deemed
within the scope of employment of a prosecutor or deputy
prosecutor. [1991 c 363 § 55; 1989 c 39 § 1; 1973 1st ex.s. c
86 § 1; 1971 ex.s. c 237 § 2; 1969 ex.s. c 226 § 2; 1963 c 4 §
36.27.060. Prior: 1941 c 46 § 2; Rem. Supp. 1941 § 4139-1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.27.070 Office at county seat. The prosecuting attorney of each county in the state of Washington must keep an
office at the county seat of the county of which he or she is
prosecuting attorney. [2009 c 549 § 4049; 1963 c 4 §
36.27.070. Prior: 1909 c 122 § 1; RRS § 4139.]
36.27.120 Statewide drug prosecution assistance program—Personnel—Review of assignments—Supervision
of special deputies. The project director of the drug prosecution assistance program shall employ up to five attorneys to
act as special deputy prosecuting attorneys. A county or
counties may request the assistance of one or more of the special deputy prosecuting attorneys. The project director after
consultation with the advisory committee shall determine the
assignment of the special deputy prosecutors. Within funds
appropriated for this purpose, the project director may also
employ necessary support staff and purchase necessary supplies and equipment.
The advisory committee shall regularly review the
assignment of the special deputy prosecuting attorneys to
ensure that the program’s impact on the drug abuse problem
is maximized.
During the time a special deputy prosecuting attorney is
assigned to a county, the special deputy is under the direct
supervision of the county prosecuting attorney for that
county. The advisory committee may reassign a special deputy at any time: PROVIDED, That adequate notice must be
given to the county prosecuting attorney if the special deputy
is involved in a case scheduled for trial. [1989 c 271 § 238.]
36.27.120
Additional notes found at www.leg.wa.gov
Chapter 36.28
36.27.070
36.27.100 Statewide drug prosecution assistance program—Created. The legislature recognizes that, due to the
magnitude or volume of offenses in a given area of the state,
there is a recurring need for supplemental assistance in the
prosecuting of drug and drug-related offenses that can be
directed to the area of the state with the greatest need for
short-term assistance. A statewide drug prosecution assistance program is created within the criminal justice training
commission to assist county prosecuting attorneys in the
prosecution of drug and drug-related offenses. [2010 c 271 §
501; 1995 c 399 § 41; 1989 c 271 § 236.]
36.27.100
Purpose—Effective date—2010 c 271: See notes following RCW
43.330.005.
Additional notes found at www.leg.wa.gov
36.27.110 Statewide drug prosecution assistance program—Advisory committee—Selection of project director. There is established a statewide advisory committee
comprised of the attorney general, the chief of the Washington state patrol, both United States attorneys whose offices
are located in Washington state, and three county prosecuting
attorneys appointed by the Washington association of prosecuting attorneys, who will also act as supervising attorneys.
The statewide advisory committee shall select one of the
supervising attorneys to act as project director of the drug
prosecution assistance program. [1989 c 271 § 237.]
36.27.110
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Chapter 36.28
Chapter 36.28 RCW
COUNTY SHERIFF
Sections
36.28.010
36.28.011
36.28.020
36.28.025
36.28.030
36.28.040
36.28.050
36.28.060
36.28.090
36.28.100
36.28.110
36.28.120
36.28.130
36.28.150
36.28.160
36.28.170
36.28.180
36.28.190
General duties.
Duty to make complaint.
Powers of deputies, regular and special.
Qualifications.
New or additional bond of sheriff.
May demand fees in advance.
May demand indemnifying bond.
Duplicate receipts—Penalties.
Service of process when sheriff disqualified.
Employment of prisoners.
Sheriff not to practice law.
Duty of retiring sheriffs, constables, and coroners—Successors’ duties.
Actions by successors and by officials after expiration of term
of office validated.
Liability for fault or misconduct.
Office at county seat.
Standard uniform for sheriffs and deputies.
Allowance for clothing and other incidentals.
City contracts to obtain sheriff’s office law enforcement services.
Action against, limitation on: RCW 4.16.080, 4.16.110.
Attachment of witnesses directed to: RCW 5.56.080.
Civil service for sheriff’s office: Chapter 41.14 RCW.
Counties may engage in probation and parole services: RCW 36.01.070.
Court rooms, court may order sheriff to provide: RCW 2.28.140.
Defined for attachment proceedings purposes: RCW 6.25.010.
Dissolution of inactive port districts, sheriff’s sale: RCW 53.47.040.
Disturbances at state penal facilities: Chapter 72.72 RCW.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
Duties relating to
abandoned animals: Chapter 16.54 RCW.
adverse claims to property levied upon: Chapter 6.19 RCW.
agister and trainer liens: Chapter 60.56 RCW.
apple advertising regulations: RCW 15.24.180.
attachment, sheriff’s duties: Chapter 6.25 RCW.
chattel mortgages, foreclosure of: Chapter 61.12 RCW.
cities and towns
[Title 36 RCW—page 55]
36.28.010
Title 36 RCW: Counties
involuntary dissolution: RCW 35.07.260.
protection from water pollution: Chapter 35.88 RCW.
civil actions
impanelling jury: RCW 4.44.120.
sheriff to obtain money or property ordered deposited into court upon
default: RCW 4.44.490.
sheriff to provide jurors food and lodging: RCW 4.44.310.
crop liens: Chapter 60.11 RCW.
dairy products commission law: RCW 15.44.160.
dead bodies, sheriff to surrender for dissection purposes: RCW
68.50.070.
default in rent of forty dollars or less: RCW 59.08.060, 59.08.090,
59.08.100.
department of revenue summons: RCW 84.08.050.
diking, drainage district, dissolution of: Chapter 85.07 RCW.
dogs: Chapter 16.08 RCW.
elections, polling place regulations during voting hours: Chapter 29A.44
RCW.
eminent domain by state: Chapter 8.04 RCW.
execution of judgment: Chapter 6.17 RCW.
fires, sheriff to report: RCW 43.44.050.
forcible entry or forcible or unlawful detainer actions: Chapter 59.12
RCW.
game official, duties as: Chapter 77.12 RCW, RCW 77.32.250.
highway advertising control act, violations: Chapter 47.42 RCW.
horses, mules, asses at large, sheriff to impound: Chapter 16.24 RCW.
individuals with mental illness, state hospitals for, escape by patient from:
Chapter 72.23 RCW.
irrigation and rehabilitation district rules and regulations: RCW
87.84.100.
juries, drawing of: Chapter 2.36 RCW.
labor disputes, arbitration of: RCW 49.08.030.
lien for labor and services on timber and lumber, actions on: Chapter
60.24 RCW.
limited access facility within city or town: RCW 47.52.200.
liquor violations, sheriff as enforcement officer: RCW 66.44.010.
lost and found property: Chapter 63.21 RCW.
mental illness: Chapter 71.05 RCW.
mines, abandoned mining shafts and excavations: Chapter 78.12 RCW.
missing children: RCW 13.60.020.
motor vehicle
accidents: Chapter 46.52 RCW.
fuel haulers: RCW 82.36.210.
offenses generally: Title 46 RCW.
obstructions on public highways: Chapter 47.32 RCW.
port districts
dissolution of: Chapter 53.48 RCW.
motor vehicle regulation enforcement: RCW 53.08.230.
prevention of cruelty to animals: Chapter 16.52 RCW.
proceedings supplemental to execution: Chapter 6.32 RCW.
real estate mortgages, foreclosure of: Chapter 61.12 RCW.
regional jail camps: RCW 72.64.100.
sales under execution and redemption: Chapter 6.21 RCW.
search and seizure, cigarette excise tax: RCW 82.24.190.
soft tree fruits commission law: RCW 15.28.290.
state board of health measures: RCW 43.20.050.
support of dependent children: Chapter 74.20 RCW.
suretyship: Chapter 19.72 RCW.
tax warrants
generally: Chapter 82.32 RCW.
motor vehicle fuel tax: RCW 82.36.130.
taxes, property
private car companies on, process serving: RCW 84.16.032.
public utilities on, process serving: RCW 84.12.240.
traffic control devices, forbidden devices, abatement of: RCW 47.36.180.
traffic schools: Chapter 46.83 RCW.
unclaimed property in hands of sheriff: Chapter 63.40 RCW.
unemployment compensation: RCW 50.12.170, 50.24.110.
uniform code of military justice: RCW 38.38.080 through 38.38.092,
38.38.492.
Gambling activities, as affecting: Chapter 9.46 RCW.
Law enforcement chaplains authorized: Chapter 41.22 RCW.
Money in hands of sheriff under attachment may be garnished: RCW
6.27.050.
Motor vehicle accidents, reports made to sheriff: Chapter 46.52 RCW.
[Title 36 RCW—page 56]
Names of amateur radio station vehicle licensees to be furnished to: RCW
46.16.340.
Registry of persons allowed property access during forest fires and wildfires,
creation of: RCW 47.48.060.
Reports of motor vehicle repairs made to: RCW 46.52.090.
Sheriff’s deed: RCW 6.21.120.
Support of dependent children, sheriff to charge no fees in connection with:
RCW 74.20.300.
Surety, sheriff ineligible as: RCW 19.72.020.
Vehicle of as emergency vehicle: RCW 46.04.040.
Vehicle wreckers (licensed) records, sheriff may inspect: RCW 46.80.080.
36.28.010 General duties. The sheriff is the chief executive officer and conservator of the peace of the county. In
the execution of his or her office, he or she and his or her deputies:
(1) Shall arrest and commit to prison all persons who
break the peace, or attempt to break it, and all persons guilty
of public offenses;
(2) Shall defend the county against those who, by riot or
otherwise, endanger the public peace or safety;
(3) Shall execute the process and orders of the courts of
justice or judicial officers, when delivered for that purpose,
according to law;
(4) Shall execute all warrants delivered for that purpose
by other public officers, according to the provisions of particular statutes;
(5) Shall attend the sessions of the courts of record held
within the county, and obey their lawful orders or directions;
(6) Shall keep and preserve the peace in their respective
counties, and quiet and suppress all affrays, riots, unlawful
assemblies and insurrections, for which purpose, and for the
service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the
peace, they may call to their aid such persons, or power of
their county as they may deem necessary. [2009 c 549 §
4050; 1965 c 92 § 1; 1963 c 4 § 36.28.010. Prior: (i) 1891 c
45 § 1; RRS § 4157. (ii) Code 1881 § 2769; 1863 p 557 § 4;
1854 p 434 § 4; RRS § 4168.]
36.28.010
36.28.011 Duty to make complaint. In addition to the
duties contained in RCW 36.28.010, it shall be the duty of all
sheriffs to make complaint of all violations of the criminal
law, which shall come to their knowledge, within their
respective jurisdictions. [1963 c 4 § 36.28.011. Prior: 1955
c 10 § 1. Cf. Code 1881 § 2801, part; 1869 p 264 § 311, part;
RRS § 4173, part.]
36.28.011
36.28.020 Powers of deputies, regular and special.
Every deputy sheriff shall possess all the power, and may
perform any of the duties, prescribed by law to be performed
by the sheriff, and shall serve or execute, according to law, all
process, writs, precepts, and orders, issued by lawful authority.
Persons may also be deputed by the sheriff in writing to
do particular acts; including the service of process in civil or
criminal cases, and the sheriff shall be responsible on his or
her official bond for their default or misconduct. [2009 c 549
§ 4051; 1963 c 4 § 36.28.020. Prior: 1961 c 35 § 2; prior: (i)
Code 1881 § 2767, part; 1871 p 110 § 1, part; 1863 p 557 § 2,
part; 1854 p 434 § 2, part; RRS § 4160, part. (ii) 1886 p 174
36.28.020
(2010 Ed.)
County Sheriff
§ 1; Code 1881 § 2768; 1863 p 557 § 3; 1854 p 434 § 3; RRS
§ 4167.]
36.28.025 Qualifications. A person who files a declaration of candidacy for the office of sheriff after September 1,
1979, shall have, within twelve months of assuming office, a
certificate of completion of a basic law enforcement training
program which complies with standards adopted by the criminal justice training commission pursuant to RCW
43.101.080 and *43.101.160.
This requirement does not apply to persons holding the
office of sheriff in any county on September 1, 1979. [1979
ex.s. c 153 § 6.]
36.28.100
4054; 1963 c 4 § 36.28.050. Prior: 1941 c 237 § 1, part; 1935
c 33 § 1, part; Code 1881 § 2772, part; 1863 p 558 § 7, part;
1854 p 434 § 7, part; Rem. Supp. 1941 § 4172, part.]
36.28.025
*Reviser’s note: RCW 43.101.160 was repealed by 1983 c 197 § 55,
effective June 30, 1987.
36.28.030 New or additional bond of sheriff. Whenever the company acting as surety on the official bond of a
sheriff is disqualified, insolvent, or the penalty of the bond
becomes insufficient on account of recovery had thereon, or
otherwise, the sheriff shall submit a new or additional bond
for approval to the board of county commissioners, if in session, or, if not in session, for the approval of the chair of such
board, and file the same, when approved, in the office of the
county clerk of his or her county, and such new or additional
bond shall be in a penal sum sufficient in amount to equal the
sum specified in the original bond when added to the penalty
of any existing bond, so that under one or more bonds there
shall always be an enforceable obligation of the surety on the
official bond or bonds of the sheriff in a penal sum of not less
than the amount of the bond as originally approved. [2009 c
549 § 4052; 1963 c 4 § 36.28.030. Prior: 1943 c 139 § 2;
Rem. Supp. 1943 § 4155-1.]
36.28.030
36.28.060 Duplicate receipts—Penalties. (1) The
sheriff shall make duplicate receipts for all payments for his
or her services specifying the particular items thereof, at the
time of payment, whether paid by virtue of the laws of this
state or of the United States. Such duplicate receipts shall be
numbered consecutively for each month commencing with
number one. One of such receipts shall have written or
printed upon it the word "original"; and the other shall have
written or printed upon it the word "duplicate."
(2) At the time of payment of any fees, the sheriff shall
deliver to the person making payment, either personally or by
mail, the copy of the receipt designated "duplicate."
(3) The receipts designated "original" for each month
shall be attached to the verified statement of fees for the corresponding month and the sheriff shall file with the county
treasurer of his or her county all original receipts for each
month with such verified statement.
(4) A sheriff shall not receive his or her salary for the
preceding month until the provisions of this section have
been complied with.
(5) Any sheriff violating this section, or failing to perform any of the duties required thereby, is guilty of a misdemeanor and shall be fined in any sum not less than ten dollars
nor more than fifty dollars for each offense. [2003 c 53 §
202; 1963 c 4 § 36.28.060. Prior: (i) 1909 c 105 § 1; RRS §
4161. (ii) 1909 c 105 § 2; RRS § 4162.]
36.28.060
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.28.090
36.28.040 May demand fees in advance. No sheriff,
deputy sheriff, or coroner shall be liable for any damages for
neglecting or refusing to serve any civil process unless his or
her legal fees are first tendered him or her. [2009 c 549 §
4053; 1963 c 4 § 36.28.040. Prior: 1941 c 237 § 1, part; 1935
c 33 § 1, part; Code 1881 § 2772, part; 1863 p 558 § 7, part;
1854 p 434 § 7, part; Rem. Supp. 1941 § 4172, part.]
36.28.040
36.28.050 May demand indemnifying bond. If any
property levied upon by virtue of any writ of attachment or
execution or other order issued to the sheriff out of any court
in this state is claimed by any person other than the defendant, and such person or his or her agent or attorney makes
affidavit of his or her title thereto or his or her right to possession thereof, stating the value thereof and the basis of such
right or title, the sheriff may release such levy, unless the
plaintiff on demand indemnifies the sheriff against such
claim by an undertaking executed by a sufficient surety.
No claim to such property by any person other than the
defendant shall be valid against the sheriff, unless the supporting affidavit is made. Notwithstanding receipt of a
proper claim the sheriff shall retain such property under levy
a reasonable time to demand such indemnity.
Any sheriff, or other levying officer, may require an
indemnifying bond of the plaintiff in all cases where he or she
has to take possession of personal property. [2009 c 549 §
36.28.050
(2010 Ed.)
36.28.090 Service of process when sheriff disqualified. When there is no sheriff of a county, or he or she is disqualified from any cause from discharging any particular
duty, it shall be lawful for the officer or person commanding
or desiring the discharge of that duty to appoint some suitable
person, a citizen of the county, to execute the same: PROVIDED, That final process shall in no case be executed by
any person other than the legally authorized officer; or in case
he or she is disqualified, some suitable person appointed by
the court, or judge thereof, out of which the process issues,
who shall make such appointment in writing; and before such
appointment shall take effect, the person appointed shall give
security to the party interested for the faithful performance of
his or her duties, which bond of suretyship shall be in writing,
approved by the court or judge appointing him or her, and be
placed on file with the papers in the case. [2009 c 549 §
4055; 1963 c 4 § 36.28.090. Prior: Code 1881 § 745; 1869 p
172 § 687; RRS § 4170.]
36.28.100 Employment of prisoners. The sheriff or
director of public safety shall employ all able bodied persons
sentenced to imprisonment in the county jail in such manner
and at such places within the county as may be directed by the
legislative authority of the county. [1973 1st ex.s. c 154 § 54;
1963 c 4 § 36.28.100. Prior: 1909 c 249 § 27; RRS § 2279.]
36.28.100
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 57]
36.28.110
Title 36 RCW: Counties
36.28.110 Sheriff not to practice law. No sheriff shall
appear or practice as attorney in any court, except in their
own defense. [1992 c 225 § 2; 1963 c 4 § 36.28.110. Prior:
1891 c 45 § 4, part; Code 1881 § 2770, part; 1863 p 558 § 5,
part; 1854 p 434 § 5, part; RRS § 4171, part.]
36.28.110
36.28.120 Duty of retiring sheriffs, constables, and
coroners—Successors’ duties. All sheriffs, constables and
coroners, upon the completion of their term of office and the
qualification of their successors, shall deliver and turn over to
their successors all writs and other processes in their possession not wholly executed, and all personal property in their
possession or under their control held under such writs or
processes, and take receipts therefor in duplicate, one of
which shall be filed in the office from which such writ or process issued as a paper in the action, which receipt shall be
good and sufficient discharge to such officer of and from further charge of the execution of such writs and processes; and
they shall also deliver to their successors all official papers
and property in their possession or under their control. The
successors shall execute or complete the execution of all such
writs and processes, and finish and complete all business
turned over to them. [1963 c 4 § 36.28.120. Prior: 1895 c 17
§ 1; RRS § 4174.]
36.28.120
ation of elected county officials, upon written approval of a
majority of the sheriffs in the state, shall file with the secretary of state a description of a standard uniform which may be
withdrawn or modified by re-filing in the same manner as
originally filed. A uniform of the description so filed shall
thereafter be reserved exclusively for the use of sheriffs and
their deputies: PROVIDED, That the filing of a standard uniform description shall not make mandatory the adoption of
said uniform by any county sheriff or his or her deputies.
[2009 c 549 § 4059; 1963 c 50 § 1.]
36.28.180 Allowance for clothing and other incidentals. A county may from available funds provide for an
allowance for clothing and other incidentals necessary to the
performance of official duties for the sheriff and his or her
deputies. [2009 c 549 § 4060; 1979 c 132 § 1; 1963 c 50 § 2.]
36.28.180
36.28.190 City contracts to obtain sheriff’s office law
enforcement services. See RCW 41.14.250 through
41.14.280.
36.28.190
Chapter 36.28A RCW
ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
Chapter 36.28A
Sections
36.28.130 Actions by successors and by officials after
expiration of term of office validated. In all cases where
any sheriff, constable or coroner has executed any writ or
other process delivered to him or her by his or her predecessor, or has completed any business commenced by his or her
predecessor under any writ or process, and has completed any
other business commenced by his or her predecessor, and in
all cases where any sheriff, constable or coroner has executed
any writ or other process, or completed any business connected with his or her office after the expiration of his or her
term of office, which writ or process he or she had commenced to execute, or which business he or she had commenced to perform, prior to the expiration of his or her term
of office, such action shall be valid and effectual for all purposes. [2009 c 549 § 4056; 1963 c 4 § 36.28.130. Prior:
1895 c 17 § 2; RRS § 4175.]
36.28.130
36.28.150 Liability for fault or misconduct. Whenever any sheriff neglects to make due return of any writ or
other process delivered to him or her to be executed, or is
guilty of any default or misconduct in relation thereto, he or
she shall be liable to fine or attachment, or both, at the discretion of the court, subject to appeal, such fine, however, not to
exceed two hundred dollars; and also to an action for damages to the party aggrieved. [2009 c 549 § 4057; 1963 c 4 §
36.28.150. Prior: Code 1881 § 2771; 1863 p 558 § 6; 1854 p
434 § 6; RRS § 4169.]
36.28.150
36.28.160 Office at county seat. The sheriff must keep
an office at the county seat of the county of which he or she
is sheriff. [2009 c 105 § 3; 1963 c 4 § 36.28.160. Prior: 1891
c 45 § 2; RRS § 4158. SLC-RO-14.]
36.28A.010
36.28A.020
36.28A.030
Declarations.
Local law and justice plan assistance.
Malicious harassment—Information reporting and dissemination.
36.28A.040 Statewide city and county jail booking and reporting system—Standards committee—Statewide automated victim
information and notification system—Statewide unified
sex offender notification and registration program—Liability immunity.
36.28A.0401 Statewide automated victim information and notification system—Vendor services.
36.28A.0402 Statewide automated victim information and notification system—Department of corrections data.
36.28A.050 Statewide city and county jail booking and reporting system—Grant fund.
36.28A.060 Statewide first responder building mapping information system—Creation—Data must be available to law enforcement, military, and fire safety agencies—Standards—Public disclosure exemption.
36.28A.070 Statewide first responder building mapping information system—Committee established—Development of guidelines.
36.28A.080 Immunity from liability.
36.28A.090 Firearms certificates for qualified retired law enforcement
officers.
36.28A.100 Committee to improve administration of missing person
information—Protocol endorsement.
36.28A.110 Missing persons information web site creation.
36.28A.120 State patrol involvement with missing persons systems—
Local law enforcement procedures for missing persons
information.
36.28A.130 Washington auto theft prevention authority—Created.
36.28A.140 Development of model policy to address property access during forest fires and wildfires.
36.28A.200 Gang crime enforcement grant program.
36.28A.210 Graffiti and tagging abatement grant program.
36.28A.220 Grant programs—Effectiveness evaluations.
36.28A.230 Registered sex offender and kidnapping offender address and
residency verification grant program.
36.28.160
36.28.170 Standard uniform for sheriffs and deputies. The executive secretary of the Washington state associ36.28.170
[Title 36 RCW—page 58]
36.28A.010 Declarations. The Washington association
of sheriffs and police chiefs is hereby declared to be a combination of units of local government: PROVIDED, That such
association shall not be considered an "employer" within the
meaning of RCW *41.26.030(2) or **41.40.010(4): PROVIDED FURTHER, That no compensation received as an
36.28A.010
(2010 Ed.)
Association of Sheriffs and Police Chiefs
employee of the association shall be considered salary for
purposes of the provisions of any retirement system created
pursuant to the general laws of this state: PROVIDED FURTHER, That such association shall not qualify for inclusion
under the unallocated two mills of the property tax of any
political subdivision: PROVIDED FURTHER, That the
association shall not have the authority to assess any excess
levy or bond measure. [1975 1st ex.s. c 172 § 1.]
Reviser’s note: *(1) RCW 41.26.030 was alphabetized pursuant to
RCW 1.08.015(2)(k), changing subsection (2) to subsection (14).
**(2) RCW 41.40.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (4) to subsection (13).
36.28A.020 Local law and justice plan assistance.
The Washington association of sheriffs and police chiefs
may, upon request of a county’s legislative authority, assist
the county in developing and implementing its local law and
justice plan. In doing so, the association shall consult with the
office of financial management and the department of corrections. [1991 c 363 § 56.]
36.28A.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.28A.030 Malicious harassment—Information
reporting and dissemination. (1) The Washington association of sheriffs and police chiefs shall establish and maintain
a central repository for the collection and classification of
information regarding violations of RCW 9A.36.080. Upon
establishing such a repository, the association shall develop a
procedure to monitor, record, and classify information relating to violations of RCW 9A.36.080 and any other crimes of
bigotry or bias apparently directed against other persons
because the people committing the crimes perceived that
their victims were of a particular race, color, religion, ancestry, national origin, gender, sexual orientation, or had a mental, physical, or sensory handicap.
(2) All local law enforcement agencies shall report
monthly to the association concerning all violations of RCW
9A.36.080 and any other crimes of bigotry or bias in such
form and in such manner as prescribed by rules adopted by
the association. Agency participation in the association’s
reporting programs, with regard to the specific data requirements associated with violations of RCW 9A.36.080 and any
other crimes of bigotry or bias, shall be deemed to meet
agency reporting requirements. The association must summarize the information received and file an annual report with
the governor and the senate law and justice committee and
the house of representatives judiciary committee.
(3) The association shall disseminate the information
according to the provisions of chapters 10.97 and 10.98
RCW, and all other confidentiality requirements imposed by
federal or Washington law. [1993 c 127 § 4.]
36.28A.030
Additional notes found at www.leg.wa.gov
36.28A.040 Statewide city and county jail booking
and reporting system—Standards committee—Statewide
automated victim information and notification system—
Statewide unified sex offender notification and registration program—Liability immunity. (1) No later than July
1, 2002, the Washington association of sheriffs and police
chiefs shall implement and operate an electronic statewide
36.28A.040
(2010 Ed.)
36.28A.040
city and county jail booking and reporting system. The system shall serve as a central repository and instant information
source for offender information and jail statistical data. The
system may be placed on the Washington state justice information network and be capable of communicating electronically with every Washington state city and county jail and
with all other Washington state criminal justice agencies as
defined in RCW 10.97.030.
(2) After the Washington association of sheriffs and
police chiefs has implemented an electronic jail booking system as described in subsection (1) of this section, if a city or
county jail or law enforcement agency receives state or federal funding to cover the entire cost of implementing or
reconfiguring an electronic jail booking system, the city or
county jail or law enforcement agency shall implement or
reconfigure an electronic jail booking system that is in compliance with the jail booking system standards developed
pursuant to subsection (4) of this section.
(3) After the Washington association of sheriffs and
police chiefs has implemented an electronic jail booking system as described in subsection (1) of this section, city or
county jails, or law enforcement agencies that operate electronic jail booking systems, but choose not to accept state or
federal money to implement or reconfigure electronic jail
booking systems, shall electronically forward jail booking
information to the Washington association of sheriffs and
police chiefs. At a minimum the information forwarded shall
include the name of the offender, vital statistics, the date the
offender was arrested, the offenses arrested for, the date and
time an offender is released or transferred from a city or
county jail, and if available, the mug shot. The electronic format in which the information is sent shall be at the discretion
of the city or county jail, or law enforcement agency forwarding the information. City and county jails or law enforcement
agencies that forward jail booking information under this
subsection are not required to comply with the standards
developed under subsection (4)(b) of this section.
(4) The Washington association of sheriffs and police
chiefs shall appoint, convene, and manage a statewide jail
booking and reporting system standards committee. The
committee shall include representatives from the Washington
association of sheriffs and police chiefs correction committee, the information service board’s justice information committee, the judicial information system, at least two individuals who serve as jailers in a city or county jail, and other individuals that the Washington association of sheriffs and police
chiefs places on the committee. The committee shall have
the authority to:
(a) Develop and amend as needed standards for the statewide jail booking and reporting system and for the information that must be contained within the system. At a minimum, the system shall contain:
(i) The offenses the individual has been charged with;
(ii) Descriptive and personal information about each
offender booked into a city or county jail. At a minimum, this
information shall contain the offender’s name, vital statistics,
address, and mugshot;
(iii) Information about the offender while in jail, which
could be used to protect criminal justice officials that have
future contact with the offender, such as medical conditions,
acts of violence, and other behavior problems;
[Title 36 RCW—page 59]
36.28A.040
Title 36 RCW: Counties
(iv) Statistical data indicating the current capacity of
each jail and the quantity and category of offenses charged;
(v) The ability to communicate directly and immediately
with the city and county jails and other criminal justice entities; and
(vi) The date and time that an offender was released or
transferred from a local jail;
(b) Develop and amend as needed operational standards
for city and county jail booking systems, which at a minimum
shall include the type of information collected and transmitted, and the technical requirements needed for the city and
county jail booking system to communicate with the statewide jail booking and reporting system;
(c) Develop and amend as needed standards for allocating grants to city and county jails or law enforcement agencies that will be implementing or reconfiguring electronic jail
booking systems.
(5)(a) A statewide automated victim information and
notification system shall be added to the city and county jail
booking and reporting system. The system shall:
(i) Automatically notify a registered victim via the victim’s choice of telephone, letter, or e-mail when any of the
following events affect an offender housed in any Washington state city or county jail or department of corrections facility:
(A) Is transferred or assigned to another facility;
(B) Is transferred to the custody of another agency outside the state;
(C) Is given a different security classification;
(D) Is released on temporary leave or otherwise;
(E) Is discharged;
(F) Has escaped; or
(G) Has been served with a protective order that was
requested by the victim;
(ii) Automatically notify a registered victim via the victim’s choice of telephone, letter, or e-mail when an offender
has:
(A) An upcoming court event where the victim is entitled
to be present, if the court information is made available to the
statewide automated victim information and notification system administrator at the Washington association of sheriffs
and police chiefs;
(B) An upcoming parole, pardon, or community supervision hearing; or
(C) A change in the offender’s parole, probation, or community supervision status including:
(I) A change in the offender’s supervision status; or
(II) A change in the offender’s address;
(iii) Automatically notify a registered victim via the victim’s choice of telephone, letter, or e-mail when a sex
offender has:
(A) Updated his or her profile information with the state
sex offender registry; or
(B) Become noncompliant with the state sex offender
registry;
(iv) Permit a registered victim to receive the most recent
status report for an offender in any Washington state city and
county jail, department of corrections, or sex offender registry by calling the statewide automated victim information and
notification system on a toll-free telephone number or by
accessing the statewide automated victim information and
[Title 36 RCW—page 60]
notification system via a public web site. All registered victims calling the statewide automated victim information and
notification system will be given the option to have live operator assistance to help use the program on a twenty-four hour,
three hundred sixty-five day per year basis;
(v) Permit a crime victim to register, or registered victim
to update, the victim’s registration information for the statewide automated victim information and notification system
by calling a toll-free telephone number or by accessing a public web site; and
(vi) Ensure that the offender information contained
within the statewide automated victim information and notification system is updated frequently to timely notify a crime
victim that an offender has been released or discharged or has
escaped. However, the failure of the statewide automated
victim information and notification system to provide notice
to the victim does not establish a separate cause of action by
the victim against state officials, local officials, law enforcement officers, or any related correctional authorities.
(b) Participation in the statewide automated victim information and notification program satisfies any obligation to
notify the crime victim of an offender’s custody status and
the status of the offender’s upcoming court events so long as:
(i) Information making offender and case data available
is provided on a timely basis to the statewide automated victim information and notification program; and
(ii) Information a victim submits to register and participate in the victim notification system is only used for the sole
purpose of victim notification.
(c) Automated victim information and notification systems in existence and operational as of July 22, 2007, shall
not be required to participate in the statewide system.
(6) When funded, the Washington association of sheriffs
and police chiefs shall implement and operate an electronic
statewide unified sex offender notification and registration
program. Information submitted to the program by a person
for the purpose of receiving notification regarding a registered sex offender, including the person’s name, residential
address, and e-mail address, are exempt from public inspection and copying under chapter 42.56 RCW.
(7) An appointed or elected official, public employee, or
public agency as defined in RCW 4.24.470, or combination
of units of government and its employees, as provided in
RCW 36.28A.010, are immune from civil liability for damages for any release of information or the failure to release
information related to the statewide automated victim information and notification system, the electronic statewide unified sex offender notification and registration program, and
the jail booking and reporting system as described in this section, so long as the release was without gross negligence.
The immunity provided under this subsection applies to the
release of relevant and necessary information to other public
officials, public employees, or public agencies, and to the
general public. [2010 c 266 § 1; 2009 c 31 § 1; 2007 c 204 §
1; 2001 c 169 § 3; 2000 c 3 § 1.]
Contingent expiration date—2000 c 3: "If the Washington association of sheriffs and police chiefs does not receive federal funding for purposes of this act by December 31, 2000, this act is null and void." [2000 c 3
§ 4.] According to the Washington association of sheriffs and police chiefs,
federal funding for the purposes of chapter 3, Laws of 2000, was received by
December 31, 2000.
(2010 Ed.)
Association of Sheriffs and Police Chiefs
36.28A.0401 Statewide automated victim information and notification system—Vendor services. In Washington any vendor contracted to provide a statewide automated victim notification service must deliver the service
with a minimum of 99.95-percent availability and with less
than an average of one-percent notification errors as a result
of the vendor’s technology. [2007 c 204 § 2.]
36.28A.0401
36.28A.0402 Statewide automated victim information and notification system—Department of corrections
data. The department of corrections is not required to provide any data to the Washington association of sheriffs and
police chiefs for the statewide automated victim information
and notification system as stated in RCW 36.28A.040, until
January 1, 2010. [2007 c 204 § 3.]
36.28A.0402
36.28A.050 Statewide city and county jail booking
and reporting system—Grant fund. (1) The Washington
association of sheriffs and police chiefs shall establish and
manage a local jail booking system grant fund. All federal or
state money collected to offset the costs associated with
RCW 36.28A.040(2) shall be processed through the grant
fund established by this section. The statewide jail booking
and reporting system standards committee established under
RCW 36.28A.040(4) shall distribute the grants in accordance
with any standards it develops.
(2) The Washington association of sheriffs and police
chiefs shall pursue federal funding to be placed into the local
jail booking system grant fund. [2000 c 3 § 2.]
36.28A.050
Contingent expiration date—2000 c 3: See note following RCW
36.28A.040.
36.28A.060 Statewide first responder building mapping information system—Creation—Data must be available to law enforcement, military, and fire safety agencies—Standards—Public disclosure exemption. (1) When
funded, the Washington association of sheriffs and police
chiefs shall create and operate a statewide first responder
building mapping information system.
(2) All state agencies and local governments must utilize
building mapping software that complies with the building
mapping software standards established under RCW
36.28A.070 for any building mapped for this purpose after
the statewide first responder building mapping information
system is operational. If, prior to creation of the statewide
building mapping information system, a local government
has utilized building mapping software standards established
under RCW 36.28A.070, the local government may continue
to use its own building mapping system unless the Washington association of sheriffs and police chiefs provides funding
to bring the local government’s system in compliance with
the standards established under RCW 36.28A.070.
(3) All state and local government-owned buildings that
are occupied by state or local government employees must be
mapped when funding is provided by the Washington association of sheriffs and police chiefs, or from other sources.
Nothing in chapter 102, Laws of 2003 requires any state
agency or local government to map a building unless the
entire cost of mapping the building is provided by the Washington association of sheriffs and police chiefs, or from other
sources.
36.28A.060
(2010 Ed.)
36.28A.070
(4) Once the statewide first responder building mapping
information system is operational, all state and local government buildings that are mapped must forward their building
mapping information data to the Washington association of
sheriffs and police chiefs. All participating privately, federally, and tribally owned buildings may voluntarily forward
their mapping and emergency information data to the Washington association of sheriffs and police chiefs. The Washington association of sheriffs and police chiefs may refuse
any building mapping information that does not comply with
the specifications described in RCW 36.28A.070.
(5) Consistent with the guidelines developed under
RCW 36.28A.070, the Washington association of sheriffs
and police chiefs shall electronically make the building mapping information available to all state, local, federal, and
tribal law enforcement agencies, the military department of
Washington state, and fire departments.
(6) Consistent with the guidelines developed under
RCW 36.28A.070, the Washington association of sheriffs
and police chiefs shall develop building mapping software
standards that must be used to participate in the statewide
first responder building mapping information system.
(7) The Washington association of sheriffs and police
chiefs shall pursue federal funds to:
(a) Create the statewide first responder building mapping
information system; and
(b) Develop grants for the mapping of all state and local
government buildings in the order determined under RCW
36.28A.070.
(8) All tactical and intelligence information provided to
the Washington association of sheriffs and police chiefs
under chapter 102, Laws of 2003 is exempt from public disclosure as provided in RCW 42.56.240. [2005 c 274 § 269;
2003 c 102 § 2.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Intent—2003 c 102: "The legislature recognizes the extreme dangers
present when the safety of our citizens requires first responders such as
police and firefighters to evacuate and secure a building. In an effort to prepare for responding to unintended disasters, criminal acts, and acts of terrorism, the legislature intends to create a statewide first responder building
mapping information system that will provide all first responders with the
information they need to be successful when disaster strikes. The first
responder building mapping system in this act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and
used for any other local government purposes." [2003 c 102 § 1.]
36.28A.070 Statewide first responder building mapping information system—Committee established—
Development of guidelines. (1) The Washington association of sheriffs and police chiefs in consultation with the
Washington state emergency management office, the Washington association of county officials, the Washington association of cities, the information services board, the Washington state fire chiefs’ association, and the Washington state
patrol shall convene a committee to establish guidelines
related to the statewide first responder building mapping
information system. The committee shall have the following
responsibilities:
(a) Develop the type of information to be included in the
statewide first responder building mapping information system. The information shall include, but is not limited to:
36.28A.070
[Title 36 RCW—page 61]
36.28A.080
Title 36 RCW: Counties
Floor plans, fire protection information, evacuation plans,
utility information, known hazards, and text and digital
images showing emergency personnel contact information;
(b) Develop building mapping software standards that
must be utilized by all entities participating in the statewide
first responder building mapping information system;
(c) Determine the order in which buildings shall be
mapped when funding is received;
(d) Develop guidelines on how the information shall be
made available. These guidelines shall include detailed procedures and security systems to ensure that the information is
only made available to the government entity that either owns
the building or is responding to an incident at the building;
(e) Recommend training guidelines regarding using the
statewide first responder building mapping information system to the criminal justice training commission and the
Washington state patrol fire protection bureau.
(2)(a) Nothing in this section supersedes the authority of
the information services board under chapter 43.105 RCW.
(b) Nothing in this section supersedes the authority of
state agencies and local governments to control and maintain
access to information within their independent systems.
[2003 c 102 § 3.]
Intent—2003 c 102: See note following RCW 36.28A.060.
36.28A.080 Immunity from liability. Units of local
government and their employees, as provided in RCW
36.28A.010, are immune from civil liability for damages arising out of the creation and use of the statewide first responder
building mapping information system, unless it is shown that
an employee acted with gross negligence or bad faith. [2003
c 102 § 4.]
36.28A.080
Intent—2003 c 102: See note following RCW 36.28A.060.
36.28A.090 Firearms certificates for qualified retired
law enforcement officers. (1) The purpose of this section is
to establish a process for issuing firearms certificates to residents of Washington who are otherwise qualified retired law
enforcement officers under the federal law enforcement
officers safety act of 2004 (118 Stat. 865; 18 U.S.C. Sec.
926B and 926C) for the purpose of satisfying the certification
requirements contained in that act.
(2) A retired law enforcement officer satisfies the federal
certification requirements if he or she possesses a valid firearms qualification certificate that:
(a) Uses the model certificate created under subsection
(4) of this section;
(b) Provides that either a law enforcement agency or an
individual or entity certified to provide firearms training
acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for
the basic law enforcement training academy in the state; and
(c) Complies with the time restrictions provided under
subsection (3) of this section.
(3) The firearms certificate is valid for a period of one
year from the date that the law enforcement agency or individual or entity certified to provide firearms training determines that the bearer has been found qualified or otherwise
found to meet the standards established by the criminal jus36.28A.090
[Title 36 RCW—page 62]
tice training commission for firearms qualification for the
basic law enforcement training academy in the state, and the
certificate shall state the date the determination was made.
(4) The Washington association of sheriffs and police
chiefs shall develop a model certificate that shall serve as the
required firearms qualification certificate once the certificate
is valid pursuant to subsection (2) of this section. The association shall make the model certificate accessible on its web
site. The model certificate shall state that the retired law
enforcement officer bearing the certificate has been qualified
or otherwise found to meet the standards established by the
criminal justice training commission for firearms qualification for the basic law enforcement training academy in the
state.
(5) The retired law enforcement officer is responsible for
paying the costs of the firearms qualification required under
subsection (2) of this section.
(6) Nothing in this section shall be deemed to require a
local law enforcement agency to complete the certificate.
[2010 c 264 § 1; 2006 c 40 § 1.]
36.28A.100 Committee to improve administration of
missing person information—Protocol endorsement. The
Washington association of county officials, in consultation
with the Washington association of sheriffs and police chiefs,
the Washington association of coroners and medical examiners, the forensic investigations council, the Washington state
patrol, and other interested agencies and individuals, shall
convene a committee to coordinate the use of the latest technology and available science to improve reporting of missing
persons, to improve the communication within the state and
with national databases, to enhance the dissemination of
information to other agencies and the public, and to improve
reporting for missing persons and the collection and preservation of evidence.
Protocols for the investigation of reported missing persons, identification of human remains, and recommended
protocols for the reporting and identification of persons missing as the result of major events not limited to tsunami, earthquake, or acts of terrorism shall be endorsed by the groups
named in this section who shall then seek the voluntary adoption of the same by all local law enforcement agencies, coroners, medical examiners, and others charged with locating
missing persons or identifying human remains. [2006 c 102
§ 2.]
36.28A.100
Finding—Intent—2006 c 102: "The legislature finds that there were
over forty-six thousand reports of persons missing nationwide and over five
hundred missing persons in the state of Washington. Major catastrophic
events in other parts of the United States this year have also emphasized that
identifying victims in mass disasters is often impossible, due to the deficiency in planning by communities and governments. It is the intent of this
act to build upon the research and findings of the Washington state missing
persons task force, assembled by the state attorney general in 2003, the
United States department of justice, and others to aid in recovery of missing
persons and the identification of human remains." [2006 c 102 § 1.]
36.28A.110 Missing persons information web site
creation. The Washington association of sheriffs and police
chiefs shall create and maintain a statewide web site, which
shall be available to the public. The web site shall post relevant information concerning persons reported missing in the
state of Washington. For missing persons, the web site shall
36.28A.110
(2010 Ed.)
Association of Sheriffs and Police Chiefs
contain, but is not limited to: The person’s name, physical
description, photograph, and other information that is
deemed necessary according to the adopted protocols. This
web site shall allow citizens to more broadly disseminate
information regarding missing persons for at least thirty days.
[2007 c 10 § 3; 2006 c 102 § 4.]
Intent—2007 c 10: See note following RCW 43.103.110.
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.
36.28A.120 State patrol involvement with missing
persons systems—Local law enforcement procedures for
missing persons information. The Washington state patrol
shall establish an interface with local law enforcement and
the Washington association of sheriffs and police chiefs
missing persons web site, the toll-free twenty-four hour hotline, and national and other statewide missing persons systems or clearinghouses.
Local law enforcement agencies shall file an official
missing persons report and enter biographical information
into the state missing persons computerized network without
delay after notification of a missing person’s report is
received under this chapter. [2007 c 10 § 4; 2006 c 102 § 5.]
36.28A.120
Intent—2007 c 10: See note following RCW 43.103.110.
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.
36.28A.130 Washington auto theft prevention
authority—Created. There is hereby created in the Washington association of sheriffs and police chiefs the Washington auto theft prevention authority which shall be under the
direction of the executive director of the Washington association of sheriffs and police chiefs. [2007 c 199 § 19.]
36.28A.130
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
36.28A.140 Development of model policy to address
property access during forest fires and wildfires. (1) The
Washington association of sheriffs and police chiefs shall
convene a model policy work group to develop a model policy for sheriffs regarding residents, landowners, and others in
lawful possession and control of land in the state during a forest fire or wildfire. The model policy must be designed in a
way that, first and foremost, protects life and safety during a
forest fire or wildfire. The model policy must include guidance on allowing access, when safe and appropriate, to residents, landowners, and others in lawful possession and control of land in the state during a wildfire or forest fire. The
model policy must specifically address procedures to allow,
when safe and appropriate, residents, landowners, and others
in lawful possession and control of land in the state access to
their residences and land to:
(a) Conduct fire prevention or suppression activities;
(b) Protect or retrieve any property located in their residences or on their land, including equipment, livestock, or
any other belongings; or
(c) Undertake activities under both (a) and (b) of this
subsection.
(2) In developing the policy under subsection (1) of this
section, the association shall consult with appropriate stakeholders and government agencies. [2007 c 252 § 1.]
36.28A.140
(2010 Ed.)
36.28A.220
36.28A.200 Gang crime enforcement grant program.
(1) When funded, the Washington association of sheriffs and
police chiefs shall establish a grant program to assist local
law enforcement agencies in the support of special enforcement emphasis targeting gang crime. Grant applications shall
be reviewed and awarded through peer review panels. Grant
applicants are encouraged to utilize multijurisdictional
efforts.
(2) Each grant applicant shall:
(a) Show a significant gang problem in the jurisdiction or
jurisdictions receiving the grant;
(b) Verify that grant awards are sufficient to cover
increased investigation, prosecution, and jail costs;
(c) Design an enforcement program that best suits the
specific gang problem in the jurisdiction or jurisdictions
receiving the grant;
(d) Demonstrate community coordination focusing on
prevention, intervention, and suppression; and
(e) Collect data on performance pursuant to RCW
36.28A.220.
(3) The cost of administering the grants shall not exceed
sixty thousand dollars, or four percent of appropriated funding, whichever is greater. [2008 c 276 § 101.]
36.28A.200
Severability—2008 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2008 c 276 § 701.]
Part headings, subheadings not law—2008 c 276: "Part headings and
subheadings used in this act are not any part of the law." [2008 c 276 § 702.]
36.28A.210 Graffiti and tagging abatement grant
program. (1) When funded, the Washington association of
sheriffs and police chiefs shall establish a grant program to
assist local law enforcement agencies in the support of graffiti and tagging abatement programs located in local communities. Grant applicants are encouraged to utilize multijurisdictional efforts.
(2) Each graffiti or tagging abatement grant applicant
shall:
(a) Demonstrate that a significant gang problem exists in
the jurisdiction or jurisdictions receiving the grant;
(b) Show how the funds will be used to dispose or eliminate any current or ongoing tagging or graffiti within a specified time period;
(c) Specify how the funds will be used to reduce gangrelated graffiti or tagging within its community;
(d) Show how the local citizens and business owners of
the community will benefit from the proposed graffiti or tagging abatement process being presented in the grant application; and
(e) Collect data on performance pursuant to RCW
36.28A.220.
(3) The cost of administering the grants shall not exceed
twenty-five thousand dollars, or four percent of funding,
whichever is greater. [2008 c 276 § 102.]
36.28A.210
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
36.28A.220 Grant programs—Effectiveness evaluations. For the grant programs created in RCW 36.28A.200
and 36.28A.210 and within the funds provided for these pro36.28A.220
[Title 36 RCW—page 63]
36.28A.230
Title 36 RCW: Counties
grams, the Washington association of sheriffs and police
chiefs shall, upon consultation with the Washington state
institute for public policy, identify performance measures,
periodic reporting requirements, data needs, and a framework
for evaluating the effectiveness of grant programs in graffiti
and tagging abatement and reducing gang crime. [2008 c 276
§ 103.]
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
36.28A.230 Registered sex offender and kidnapping
offender address and residency verification grant program. (1) When funded, the Washington association of sheriffs and police chiefs shall administer a grant program to local
governments for the purpose of verifying the address and residency of sex offenders and kidnapping offenders registered
under RCW 9A.44.130 who reside within the county sheriff’s
jurisdiction. The Washington association of sheriffs and
police chiefs shall:
(a) Enter into performance-based agreements with local
governments to ensure that registered offender address and
residency are verified:
(i) For level I offenders, every twelve months;
(ii) For level II offenders, every six months; and
(iii) For level III offenders, every three months;
(b) Collect performance data from all participating jurisdictions sufficient to evaluate the efficiency and effectiveness
of the address and residency verification program; and
(c) Submit a report on the effectiveness of the address
and residency verification program to the governor and the
appropriate committees of the house of representatives and
senate by December 31st each year.
(2) The Washington association of sheriffs and police
chiefs may retain up to three percent of the amounts provided
pursuant to this section for the cost of administration. Any
funds not disbursed for address and residency verification or
retained for administration may be allocated to local prosecutors for the prosecution costs associated with failing to register offenses.
(3) For the purposes of this section, unclassified offenders and kidnapping offenders shall be considered at risk level
I unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety.
(4) County sheriffs and police chiefs or town marshals
may enter into agreements for the purposes of delegating the
authority and obligation to fulfill the requirements of this section. [2010 c 265 § 3.]
36.29.110
36.29.120
36.29.130
36.29.160
36.29.170
36.29.180
36.29.190
36.29.200
City taxes.
Ex officio collector of other city taxes.
Duty to collect taxes.
Segregation and collection of specified assessments and
charges made by public utility districts, water-sewer districts, or the county—Fee.
Office at county seat.
Fees for handling, collecting, dispersing, and accounting for
special assessments, fees, rates, or charges.
Acceptance of payment by credit cards, charge cards, and
other electronic communications authorized—Costs borne
by payer—Exception.
Collection of sales and use taxes for zoo and aquarium advisory authority.
36.28A.230
Chapter 36.29
Chapter 36.29 RCW
COUNTY TREASURER
Sections
36.29.010
36.29.020
36.29.022
36.29.024
36.29.025
36.29.040
36.29.050
36.29.060
36.29.090
36.29.100
General duties.
Custodian of moneys—Investment of funds not required for
immediate expenditures—Service fee.
Combining of moneys for investment.
Investment expenses.
Official seal.
Interest on unpaid warrants.
Interest to be entered on warrant register.
Warrant calls—Penalty for failure to call.
Suspension of treasurer.
Ex officio collector of first-class city taxes.
[Title 36 RCW—page 64]
Deeds issued by, limitation on actions against: RCW 4.16.090.
Department of revenue to advise: RCW 84.08.020.
Deposit of public funds with: State Constitution Art. 11 § 15.
Duties relating to
assessment and charges against state lands (local purposes): Chapter
79.44 RCW.
bailiff’s salary: RCW 2.32.370.
bonds, form, sale, etc.: RCW 39.44.130.
cemetery districts: Chapter 68.52 RCW.
cities and towns
agreements with county for planning, construction, etc., of streets:
RCW 35.77.030.
annexation of unincorporated areas: Chapter 35.13 RCW.
disincorporation of: Chapter 35.07 RCW.
incorporation of: Chapter 35.02 RCW.
unfit buildings, structures, or premises, proceedings to abate: RCW
35.80.030.
community college fees: Chapter 28B.15 RCW.
county and city tuberculosis hospital: Chapter 70.30 RCW.
county law library fund: RCW 27.24.070.
county road fund
illegal use of: RCW 47.08.100.
penalty: RCW 47.08.110.
county superintendent of schools of joint county district, funds for: Chapter 28A.310 RCW.
court reporter compensation, traveling expenses: RCW 2.32.210.
damage done by dogs: Chapter 16.08 RCW.
dances, licensing of: Chapter 67.12 RCW.
diking and drainage, intercounty districts: Chapter 85.24 RCW.
diking districts: Chapter 85.05 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
diking, drainage or sewerage improvement districts: Chapter 85.08 RCW.
federal aid to: Chapter 85.12 RCW.
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
disinfection of horticultural premises: Chapter 15.08 RCW.
district court income: Chapter 3.62 RCW.
district courts and other courts of limited jurisdiction: Chapters 3.30,
3.34, 3.38, 3.42, 3.46, 3.50, 3.54, 3.58, 3.62, 3.66, 3.70, 3.74 RCW.
dogs: Chapter 16.08 RCW.
drainage districts: Chapter 85.06 RCW.
revenue act: Chapter 85.32 RCW.
fire protection district: Chapter 52.16 RCW.
local improvement districts: Chapter 52.20 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
forest insect and disease control: Chapter 76.06 RCW.
forest rehabilitation: Chapter 76.14 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
health districts: Chapter 70.46 RCW.
hospital districts: Chapter 70.44 RCW.
industrial development districts: Chapter 53.25 RCW.
intercounty rural library district: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
irrigation districts
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
refunding bonds (1923 act): Chapter 87.19 RCW.
refunding bonds (1929 act): Chapter 87.22 RCW.
(2010 Ed.)
County Treasurer
revenue bonds on domestic water or power service: Chapter 87.28
RCW.
under contract with United States: Chapter 87.68 RCW.
island counties, refund of vehicle license and fuel tax fees: RCW
46.68.080.
lien for transportation, storage, advancements, etc.: Chapter 60.60 RCW.
lien foreclosure: Chapter 84.64 RCW.
liquor, billiard tables, bowling alleys, licensing of use, sale of: Chapter
67.14 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
local improvement districts: RCW 35.58.500.
metropolitan park district bonds: Chapter 35.61 RCW.
mobile home or park model trailer movement permits and decals: RCW
46.44.170, 46.44.173.
mosquito control districts: Chapter 17.28 RCW.
municipal courts: Chapter 35.20 RCW.
pest districts: Chapter 17.12 RCW.
port districts
acquisition of property by: Chapter 53.08 RCW.
dissolution of: Chapter 53.48 RCW.
finances of: Chapter 53.36 RCW.
local improvement districts: RCW 53.08.050.
public health pooling fund: RCW 70.12.030 through 70.12.070.
public lands, sales and lease of, treasurer to perform auditors duties in
certain counties: RCW 79.02.090.
public utility districts
local improvement assessment delinquency: Chapter 54.24 RCW.
privilege tax, distribution of: Chapter 54.28 RCW.
public waterway district: Chapter 91.08 RCW.
public works, treasurer to require statement of hourly wage paid: RCW
39.12.040.
reclamation districts of one million acres: Chapter 89.30 RCW.
recording of town plats, generally: Chapter 58.08 RCW.
reforestation: Chapter 79.22 RCW and RCW 79.64.100.
regional libraries: RCW 27.12.080.
registration of land titles: Chapter 65.12 RCW.
river and harbor improvement districts: Chapter 88.32 RCW.
rural county library district: Chapter 27.12 RCW.
school districts
bonds: Chapter 28A.530 RCW.
funds, investment by: RCW 28A.320.320.
organization: Chapter 28A.315 RCW.
first class, signing of warrants by: RCW 28A.330.080.
validation of indebtedness: Chapter 28A.535 RCW.
school funds: Chapter 28A.545 RCW.
stock restricted areas: Chapter 16.24 RCW.
tax liens, foreclosure of when city or town L.I.D. assessments on: RCW
35.49.130 through 35.49.160.
taxes
excise tax on real estate sales: Chapter 82.45 RCW.
transportation vehicle fund: RCW 28A.160.130.
property
collection of: Chapter 84.56 RCW.
lien foreclosure: Chapter 84.64 RCW.
lien of: Chapter 84.60 RCW.
listing of: Chapter 84.40 RCW.
recovery: Chapter 84.68 RCW.
teachers’ certification fees: RCW 28A.410.060.
townsites on United States lands, acquisition of land by inhabitants:
Chapter 58.28 RCW.
traffic schools: Chapter 46.83 RCW.
trespass by animals, sale of for damages: Chapter 16.04 RCW.
water-sewer districts
generally: Title 57 RCW.
local improvement districts: Chapter 57.16 RCW.
local improvement guaranty fund: RCW 57.20.030.
maintenance fund, special funds: RCW 57.20.140.
weed districts: Chapter 17.04 RCW.
Flood control districts (1937 act), treasurer as ex officio district treasurer:
RCW 86.09.313.
Intercounty weed district, treasurer as ex officio treasurer of: RCW
17.06.060.
Irrigation districts
generally, treasurer as ex officio treasurer: RCW 87.03.440.
refunding bonds (1929 act), payable at office of: RCW 87.22.165.
(2010 Ed.)
36.29.010
Misappropriation by: RCW 42.20.090.
Public depositaries—Deposit and investment of public funds: Chapter 39.58
RCW.
Public utility districts, treasurer as ex officio treasurer of: RCW 54.24.010.
Reclamation districts of one million acres
treasurer as ex officio treasurer: RCW 89.30.310.
treasurer may act as district secretary: RCW 89.30.625.
treasurer’s liability: RCW 89.30.313.
Recording of town plats, proceedings for violations brought in name of treasurer: RCW 58.08.035.
School districts, treasurer as ex officio treasurer of: RCW 28A.510.270.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
Taxes and assessments, prepayment and deposit of: RCW 36.32.120.
Unclaimed money and property in hands of public authority, disposition:
RCW 63.29.130.
Vehicle licensing handling fee to go to: RCW 46.01.140.
Violations bureau moneys remitted to: RCW 3.30.090.
Water-sewer districts, bonds, payment of interest: RCW 57.20.130.
Weed district, treasurer as ex officio treasurer of: RCW 17.04.250.
36.29.010 General duties. The county treasurer:
(1) Shall receive all money due the county and disburse
it on warrants issued and attested by the county auditor and
electronic funds transfer under RCW 39.58.750 as attested by
the county auditor;
(2) Shall issue a receipt in duplicate for all money
received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt
and the duplicate shall be retained by the treasurer;
(3) Shall affix on the face of all paid warrants the date of
redemption or, in the case of proper contract between the
treasurer and a qualified public depositary, the treasurer may
consider the date affixed by the financial institution as the
date of redemption;
(4) Shall endorse, before the date of issue by the county
or by any taxing district for whom the county treasurer acts as
treasurer, on the face of all warrants for which there are not
sufficient funds for payment, "interest bearing warrant."
When there are funds to redeem outstanding warrants, the
county treasurer shall give notice:
(a) By publication in a legal newspaper published or circulated in the county; or
(b) By posting at three public places in the county if there
is no such newspaper; or
(c) By notification to the financial institution holding the
warrant;
(5) Shall pay interest on all interest-bearing warrants
from the date of issue to the date of notification;
(6) Shall maintain financial records reflecting receipts
and disbursement by fund in accordance with generally
accepted accounting principles;
(7) Shall account for and pay all bonded indebtedness for
the county and all special districts for which the county treasurer acts as treasurer;
(8) Shall invest all funds of the county or any special district in the treasurer’s custody, not needed for immediate
expenditure, in a manner consistent with appropriate statutes.
If cash is needed to redeem warrants issued from any fund in
the custody of the treasurer, the treasurer shall liquidate
investments in an amount sufficient to cover such warrant
redemptions; and
36.29.010
[Title 36 RCW—page 65]
36.29.020
Title 36 RCW: Counties
(9) May provide certain collection services for county
departments.
The treasurer, at the expiration of the term of office, shall
make a complete settlement with the county legislative
authority, and shall deliver to the successor all public money,
books, and papers in the treasurer’s possession.
Money received by all entities for whom the county treasurer serves as treasurer must be deposited within twentyfour hours in an account designated by the county treasurer
unless a waiver is granted by the county treasurer in accordance with RCW 43.09.240. [2005 c 502 § 2; 2002 c 168 §
4; 2001 c 299 § 4; 1998 c 106 § 3; 1995 c 38 § 4; 1994 c 301
§ 7; 1991 c 245 § 4; 1963 c 4 § 36.29.010. Prior: (i) 1893 c
104 § 1; Code 1881 § 2740; 1863 p 553 § 3; 1854 p 427 § 3;
RRS § 4109. (ii) Code 1881 § 2742; 1863 p 553 § 5; 1854 p
427 § 5; RRS § 4110. (iii) Code 1881 § 2743; 1863 p 553 §
6; 1854 p 427 § 6; RRS § 4111. (iv) 1895 c 73 § 4; Code
1881 § 2744; 1863 p 553 § 7; 1854 p 427 § 7; RRS § 4113.
(v) Code 1881 § 2745; 1863 p 553 § 8; RRS § 4114. (vi)
1893 c 104 § 3; Code 1881 § 2748; 1863 p 554 § 11; 1854 p
428 § 11; RRS § 4120. (vii) Code 1881 § 2750; 1863 p 554
§ 13; 1854 p 428 § 13; RRS § 4121. (viii) 1895 c 73 § 3; RRS
§ 4122.]
Effective date—2005 c 502: See note following RCW 1.12.070.
Additional notes found at www.leg.wa.gov
36.29.020 Custodian of moneys—Investment of
funds not required for immediate expenditures—Service
fee. The county treasurer shall keep all moneys belonging to
the state, or to any county, in his or her own possession until
disbursed according to law. The county treasurer shall not
place the same in the possession of any person to be used for
any purpose; nor shall he or she loan or in any manner use or
permit any person to use the same; but it shall be lawful for a
county treasurer to deposit any such moneys in any regularly
designated qualified public depositary. Any municipal corporation may by action of its governing body authorize any of
its funds which are not required for immediate expenditure,
and which are in the custody of the county treasurer or other
municipal corporation treasurer, to be invested by such treasurer. The county treasurer may invest in savings or time
accounts in designated qualified public depositaries or in certificates, notes, or bonds of the United States, or other obligations of the United States or its agencies, or of any corporation wholly owned by the government of the United States; in
bankers’ acceptances purchased on the secondary market, in
federal home loan bank notes and bonds, federal land bank
bonds and federal national mortgage association notes,
debentures and guaranteed certificates of participation, or the
obligations of any other government sponsored corporation
whose obligations are or may become eligible as collateral
for advances to member banks as determined by the board of
governors of the federal reserve system or deposit such funds
or any portion thereof in investment deposits as defined in
RCW 39.58.010 secured by collateral in accordance with the
provisions of chapters 39.58 and 39.59 RCW: PROVIDED,
Five percent of the earnings, with an annual maximum of
fifty dollars, on each transaction authorized by the governing
body shall be paid as an investment service fee to the office
of the county treasurer or other municipal corporation trea36.29.020
[Title 36 RCW—page 66]
surer when the earnings become available to the governing
body: PROVIDED FURTHER, That if such investment service fee amounts to five dollars or less the county treasurer or
other municipal corporation treasurer may waive such fee.
If in the judgment of the governing body of the municipal corporation or the county treasurer it is necessary to
redeem or to sell any of the purchased securities before their
ultimate maturity date, the governing body may, by resolution, direct the county treasurer pursuant to RCW
36.29.010(8) to cause such redemption to be had at the
redemption value of the securities or to sell the securities at
not less than market value and accrued interest.
Whenever the funds of any municipal corporation which
are not required for immediate expenditure are in the custody
or control of the county treasurer, and the governing body of
such municipal corporation has not taken any action pertaining to the investment of any such funds, the county finance
committee shall direct the county treasurer, under the investment policy of the county finance committee, to invest, to the
maximum prudent extent, such funds or any portion thereof
in savings or time accounts in designated qualified public
depositaries or in certificates, notes, or bonds of the United
States, or other obligations of the United States or its agencies, or of any corporation wholly owned by the government
of the United States, in bankers’ acceptances purchased on
the secondary market, in federal home loan bank notes and
bonds, federal land bank bonds and federal national mortgage
association notes, debentures and guaranteed certificates of
participation, or the obligations of any other government
sponsored corporation whose obligations are or may become
eligible as collateral for advances to member banks as determined by the board of governors of the federal reserve system
or deposit such funds or any portion thereof in investment
deposits as defined in RCW 39.58.010 secured by collateral
in accordance with the provisions of chapters 39.58 and
39.59 RCW: PROVIDED, That the county treasurer shall
have the power to select the specific qualified financial institution in which the funds may be invested. The interest or
other earnings from such investments or deposits shall be
deposited in the current expense fund of the county and may
be used for general county purposes. The investment or
deposit and disposition of the interest or other earnings therefrom authorized by this paragraph shall not apply to such
funds as may be prohibited by the state Constitution from
being so invested or deposited. [1999 c 18 § 4; 1997 c 393 §
4; 1991 c 245 § 5; 1984 c 177 § 7; 1982 c 73 § 1; 1980 c 56 §
1; 1979 c 57 § 1; 1973 1st ex.s. c 140 § 1; 1969 ex.s. c 193 §
26; 1967 c 173 § 1; 1965 c 111 § 2; 1963 c 4 § 36.29.020.
Prior: 1961 c 254 § 1; 1895 c 73 § 1; RRS § 4112.]
Liability of treasurers and state treasurer for losses on public deposits:
RCW 39.58.140.
Public depositaries: Chapter 39.58 RCW.
Additional notes found at www.leg.wa.gov
36.29.022 Combining of moneys for investment.
Upon the request of one or several units of local government
that invest their money with the county under the provisions
of RCW 36.29.020, the treasurer of that county may combine
those units’ moneys for the purposes of investment. [1986 c
294 § 11.]
36.29.022
(2010 Ed.)
County Treasurer
36.29.024 Investment expenses. The county treasurer
may deduct the amounts necessary to reimburse the treasurer’s office for the actual expenses the office incurs and to
repay any county funds appropriated and expended for the
initial administrative costs of establishing a county investment pool provided in RCW 36.29.022. These funds shall be
used by the county treasurer as a revolving fund to defray the
cost of administering the pool without regard to budget limitations. Any credits or payments to political subdivisions
shall be calculated and made in a manner which equitably
reflects the differing amounts of the political subdivision’s
respective deposits in the county investment pool and the differing periods of time for which the amounts were placed in
the county investment pool. A county investment pool must
be available for investment of funds of any local government
that invests its money with the county under the provisions of
RCW 36.29.020, and a county treasurer shall follow the
request from the local government to invest its funds in the
pool. As used in this section "actual expenses" include only
the county treasurer’s direct and out-of-pocket costs and do
not include indirect or loss of opportunity costs. As used in
this section, "direct costs" means those costs that can be identified specifically with the administration of the county
investment pool. Direct costs include: (1) Compensation of
employees for the time devoted and identified specifically to
administering the pool; and (2) the cost of materials, services,
or equipment acquired, consumed, or expended specifically
for the purpose of administering the pool. [2009 c 553 § 1;
2004 c 79 § 3; 1988 c 281 § 5.]
36.29.024
36.29.120
36.29.050. Prior: Code 1881 § 2746; 1863 p 554 § 9; 1854 p
427 § 9; RRS § 4117.]
36.29.060 Warrant calls—Penalty for failure to call.
(1) Whenever the county treasurer has funds belonging to any
fund upon which "interest-bearing" warrants are outstanding,
the treasurer shall have the discretion to call warrants. The
county treasurer shall give notice as provided for in RCW
36.29.010(4). The treasurer shall pay on demand, in the order
of their issue, any warrants when there shall be in the treasury
sufficient funds applicable to such payment.
(2) Any treasurer who knowingly fails to call for or pay
any warrant in accordance with this section is guilty of a misdemeanor and shall be fined not less than twenty-five dollars
nor more than five hundred dollars, and such conviction shall
be sufficient cause for removal from office. [2003 c 53 §
203; 1991 c 245 § 6; 1985 c 469 § 44; 1980 c 100 § 4; 1963 c
4 § 36.29.060. Prior: 1895 c 152 § 1, part; RRS § 4118, part.]
36.29.060
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.29.090 Suspension of treasurer. Whenever an
action based upon official misconduct is commenced against
any county treasurer the county commissioners may suspend
the treasurer from office until such suit is determined, and
may appoint some person to fill the vacancy. [2001 c 299 §
6; 1963 c 4 § 36.29.090. Prior: 1895 c 73 § 2; Code 1881 §
2749; 1863 p 554 § 12; 1854 p 428 § 12; RRS § 4124.]
36.29.090
Additional notes found at www.leg.wa.gov
36.29.100 Ex officio collector of first-class city taxes.
The county treasurer of each county in which there is a city of
the first class is ex officio collector of city taxes of such city,
and before entering upon the duties of office the treasurer
shall execute in favor of the city and file with the clerk
thereof a good and sufficient bond, the penal sum to be fixed
by the city council, such bond to be approved by the mayor of
such city or other authority thereof by whom the bond of the
city treasurer is required to be approved. All special assessments and special taxation for local improvements assessed
on property benefited shall be collected by the city treasurer.
[2001 c 299 § 7; 1963 c 4 § 36.29.100. Prior: 1895 c 160 § 1;
1893 c 71 § 4; RRS § 11321.]
36.29.100
36.29.025 Official seal. The county treasurer in each of
the organized counties of the state of Washington, shall be by
his or her county provided with a seal of office for the authentication of all tax deeds, papers, writing and documents
required by law to be certified or authenticated by him or her.
Such seal shall bear the device of crosskeys and the words:
Official Seal Treasurer . . . . . . County, Washington; and an
imprint of such seal, together with the certificate of the
county treasurer that such seal has been regularly adopted,
shall be filed in the office of the county auditor of such
county. [2009 c 549 § 4061; 1963 c 4 § 36.29.025. Prior:
1903 c 15 § 1; RRS § 4125.]
36.29.025
36.29.040 Interest on unpaid warrants. All county,
school, city and town warrants, and taxing district warrants
when not otherwise provided for by law, shall be paid according to their number, date and issue, and when not paid upon
presentation shall draw interest from the date of their presentation to the proper treasurers or from the date the warrants
were originally issued, as determined by the proper treasurer.
No compound interest shall be paid directly or indirectly on
any such warrants. [1980 c 100 § 3; 1963 c 4 § 36.29.040.
Prior: 1893 c 48 § 1, part; RRS § 4116, part.]
36.29.040
36.29.050 Interest to be entered on warrant register.
When the county treasurer redeems any warrant on which
interest is due, the treasurer shall enter on the warrant register
account the amount of interest paid, distinct from the principal. [2001 c 299 § 5; 1969 ex.s. c 48 § 1; 1963 c 4 §
36.29.110 City taxes. All city taxes and earnings on
such taxes, as provided for in RCW 36.29.020, collected during the month shall be remitted to the city by the county treasurer on or before the tenth day of the following month. The
county treasurer shall submit a statement of taxes collected
with such remittance. To facilitate the investment of collected
taxes, the treasurer may invest as provided for in RCW
36.29.020 without the necessity of the cities specifically
requesting combining funds for the purposes of investment.
[1991 c 245 § 7; 1963 c 4 § 36.29.110. Prior: 1905 c 157 § 1;
1895 c 160 § 2; 1893 c 71 § 5; RRS § 11322.]
36.29.110
36.29.050
(2010 Ed.)
36.29.120 Ex officio collector of other city taxes. For
the purpose of collection of all taxes levied for cities and
towns of other than the first class, the county treasurer of the
county wherein such city or town is situated shall be ex offi36.29.120
[Title 36 RCW—page 67]
36.29.130
Title 36 RCW: Counties
cio tax collector. [1963 c 4 § 36.29.120. Prior: 1893 c 72 §
3; RRS § 11330.]
treasurer. [1991 c 245 § 8; 1963 c 4 § 36.29.180. Prior: 1961
c 270 § 1.]
36.29.130 Duty to collect taxes. The county treasurer,
upon receipt of the tax roll, shall proceed to collect and
receipt for the municipal taxes extended thereon at the same
time and in the same manner as he or she proceeds in the collection of other taxes on such roll. [2009 c 549 § 4062; 1963
c 4 § 36.29.130. Prior: 1893 c 72 § 7; RRS § 11334.]
36.29.190 Acceptance of payment by credit cards,
charge cards, and other electronic communications
authorized—Costs borne by payer—Exception. County
treasurers are authorized to accept credit cards, charge cards,
debit cards, smart cards, stored value cards, federal wire, and
automatic clearinghouse system transactions, or other electronic communication, for any payment of any kind including, but not limited to, taxes, fines, interest, penalties, special
assessments, fees, rates, charges, or moneys due counties. A
payer desiring to pay by a credit card, charge card, debit card,
smart card, stored value card, federal wire, automatic clearinghouse system, or other electronic communication shall
bear the cost of processing the transaction in an amount determined by the treasurer, unless the county legislative authority
or the legislative authority of a district where the county treasurer serves as ex officio treasurer finds that it is in the best
interests of the county or district to not charge transaction
processing costs for all payment transactions made for a specific category of nontax payments received by the county
treasurer, including, but not limited to, fines, interest not
associated with taxes, penalties not associated with taxes,
special assessments, fees, rates, and charges. The treasurer’s
cost determination shall be based upon costs incurred by the
treasurer and may not, in any event, exceed the additional
direct costs incurred by the county to accept the specific form
of payment utilized by the payer. [2003 c 23 § 8; 1997 c 393
§ 19; 1996 c 153 § 3.]
36.29.130
36.29.160 Segregation and collection of specified
assessments and charges made by public utility districts,
water-sewer districts, or the county—Fee. The county
treasurer shall make segregation, collect, and receive from
any owner or owners of any subdivision or portion of any lot,
tract or parcel of land upon which assessments or charges
have been made or may be made by public utility districts,
water-sewer districts, or the county, under the terms of Title
54 RCW, Title 57 RCW, or chapter 36.88, 36.89, or 36.94
RCW, such portion of the assessments or charges levied or to
be levied against such lot, tract or parcel of land in payment
of such assessment or charges as the board of commissioners
of the public utility district, the water-sewer district commissioners or the board of county commissioners, respectively,
shall certify to be chargeable to such subdivision, which certificate shall state that such property as segregated is sufficient security for the assessment or charges. Upon making
collection upon any such subdivision the county treasurer
shall note such payment upon the records of the office of the
treasurer and give receipt therefor. When a segregation is
required, a certified copy of the resolution shall be delivered
to the treasurer of the county in which the real property is
located who shall proceed to make the segregation ordered
upon being tendered a fee of three dollars for each tract of
land for which a segregation is to be made. [2001 c 299 § 8;
1998 c 106 § 4; 1996 c 230 § 1607; 1963 c 4 § 36.29.160.
Prior: 1959 c 142 § 2; 1953 c 210 § 1.]
36.29.160
Additional notes found at www.leg.wa.gov
36.29.170 Office at county seat. The county treasurer
shall keep an office at the county seat, and shall keep the
same open for transaction of business during business hours;
and the treasurer and the treasurer’s deputy are authorized to
administer all oaths necessary in the discharge of the duties of
the office. [2009 c 105 § 4; 2001 c 299 § 9; 1963 c 4 §
36.29.170. Prior: Code 1881 § 2742; 1863 p 553 § 5; 1854 p
427 § 5; RRS § 4110.]
36.29.170
36.29.180 Fees for handling, collecting, dispersing,
and accounting for special assessments, fees, rates, or
charges. The county treasurer, in all instances where
required by law to handle, collect, disburse, and account for
special assessments, fees, rates, or charges within the county,
may charge and collect a fee for services not to exceed four
dollars per parcel for each year in which the funds are collected. Such charges for services shall be based upon costs
incurred by the treasurer in handling, collecting, disbursing,
and accounting for the funds.
Such fees shall be a charge against the district and shall
be credited to the county current expense fund by the county
36.29.180
[Title 36 RCW—page 68]
36.29.190
Additional notes found at www.leg.wa.gov
36.29.200 Collection of sales and use taxes for zoo
and aquarium advisory authority. The county treasurer or,
in the case of a home rule county, the county official designated by county charter and ordinance as the official with
custody over the collection of countywide tax revenues, shall
receive all money representing revenues from taxes authorized under RCW 82.14.400, and shall disburse such money
to the authority established in RCW 36.01.190. [1999 c 104
§ 2.]
36.29.200
Chapter 36.32
Chapter 36.32 RCW
COUNTY COMMISSIONERS
Sections
36.32.005
36.32.010
36.32.020
36.32.030
36.32.040
36.32.050
36.32.055
36.32.0552
36.32.0554
36.32.0556
36.32.0558
36.32.060
36.32.070
36.32.080
36.32.090
"County commissioners" defined.
Board of commissioners established—Quorum.
Commissioner districts.
Terms of commissioners.
Nomination by districts.
Elected by entire county.
Five-member commission—When authorized—Ballot proposition—Petition—Procedures.
Five-member commission—Newly created positions—How
filled—County divided into five districts.
Five-member commission—Newly created positions—Terms
of initially elected commissioners.
Five-member commissions—Four-year terms—Nominations
by districts—Elected by entire county—Quorum.
Five-member commissions—Vacancies.
Conditions of official bond.
Vacancies on board.
Regular meetings.
Special meetings.
(2010 Ed.)
County Commissioners
36.32.100
36.32.110
36.32.120
36.32.121
36.32.122
36.32.125
36.32.127
36.32.130
36.32.135
36.32.140
36.32.150
36.32.155
36.32.160
36.32.170
36.32.200
36.32.210
36.32.235
36.32.240
36.32.245
36.32.250
36.32.253
36.32.256
36.32.260
36.32.265
36.32.270
36.32.280
36.32.290
36.32.300
36.32.310
36.32.330
36.32.335
36.32.340
36.32.350
36.32.360
36.32.370
36.32.380
36.32.390
36.32.400
36.32.410
36.32.415
36.32.420
36.32.425
36.32.430
36.32.435
36.32.440
36.32.450
36.32.460
36.32.470
36.32.475
36.32.480
36.32.490
36.32.510
36.32.520
36.32.525
36.32.540
36.32.550
(2010 Ed.)
Chair of board—Election, powers.
Clerk of board.
Powers of legislative authorities.
Community revitalization financing—Public improvements.
Authority to regulate massage practitioners—Limitations.
Adoption of certain regulations proscribed.
Driving while under the influence of liquor or drugs—Minimum penalties.
Postponement of action.
Official seal.
Record of proceedings.
Transcribing mutilated records.
Transcribing mutilated records—Prior transcribing validated.
Transcribing mutilated records—Auditor to direct transcribing, certify.
Transcribing mutilated records—Original records to be preserved.
Special attorneys, employment of.
Inventory of county capitalized assets—County commission
inventory statement—Filing and public inspection—Penalty—Prosecutions—Taxpayer’s action.
Competitive bids—Purchasing department—Counties with a
population of four hundred thousand or more—Public works
procedures—Exceptions.
Competitive bids—Purchasing department—Counties with a
population of less than four hundred thousand.
Competitive bids—Requirements—Advertisements—Exceptions.
Competitive bids—Contract procedure—Contracts under
forty thousand dollars—Small works roster process.
Competitive bids—Leases of personal property.
Competitive bids—Multiple awards for road maintenance
materials.
Competitive bids—Purchasing agent.
Competitive bids—Inapplicability to certain agreements relating to water pollution control, solid waste handling facilities.
Competitive bids—Exemptions.
Regulation of watercourses.
Regulation of watercourses—Removal of obstructions.
Regulation of watercourses—Trees may be removed from
river banks.
Compensation for extra services.
Appeals from board’s action.
Coordination of county administrative programs—Legislative
declaration.
Coordination of county administrative programs—Duties incident to.
Coordination of county administrative programs—Coordinating agency—Agency reimbursement.
Coordination of county administrative programs—Attendance
at conventions authorized.
Land surveys.
Land surveys—Record of surveys.
Nonmonthly employees, vacations and sick leaves.
Health care and group insurance.
Participation in Economic Opportunity Act programs.
Low-income housing—Loans and grants.
Youth agencies—Establishment authorized.
Juvenile curfews.
Parks, may designate name of.
Historic preservation—Authorization to acquire property, borrow money, issue bonds, etc.
Staff to aid in purchasing, poverty programs, parks, emergency
services, budget, etc., authorized.
Tourist promotion.
Employee safety award programs.
Fire protection, ambulance or other emergency services provided by municipal corporations within county—Financial
and other assistance authorized.
Regulation of automatic number or location identification—
Prohibited.
Emergency medical service districts—Creation authorized—
Composition of governing body.
County freeholders—Method of filling vacancies.
Right-of-way donations—Credit against required improvements.
Child care facilities—Review of need and demand—Adoption
of ordinances.
Conditional and special use permit applications by parties
licensed or certified by the department of social and health
services or the department of corrections—Mediation prior
to appeal required.
Settlement of Indian claims.
Conformance with chapter 43.97 RCW required.
36.32.560
36.32.570
36.32.580
36.32.590
36.32.600
36.32.610
36.32.620
Chapter 36.32
Home rule charter counties—Residential care facilities—
Review of need and demand—Adoption of ordinances.
Conservation area acquisition and maintenance.
Home rule charter counties subject to limitations on moratoria,
interim zoning controls.
Building construction projects—County prohibited from
requiring state agencies or local governments to provide
bond or other security as a condition for issuance of permit.
Amateur radio antennas—Local regulation to conform with
federal law.
Library capital facility areas authorized.
Abandoned or derelict vessels.
Air pollution control
advisory council, commissioner as member: RCW 70.94.240.
district, commissioner as member: RCW 70.94.100.
Board of law library trustees, commissioner as member: RCW 27.24.020.
Canvassing board, commissioner as member: RCW 39.40.030.
Cemeteries and funeral facilities, acquisition and operation of: Chapter
68.52 RCW.
Certified transcripts of commissioner meetings as evidence: RCW 5.44.070.
Continuity of government act, effect as to: RCW 42.14.040, 42.14.070.
County board of equalization, commissioners as: Chapter 84.48 RCW.
County board of health, commissioners as members of: RCW 70.05.030.
County canvassing board, commissioner as member: RCW 29A.60.160.
County health boards, commissioners as, duties: Chapter 70.05 RCW.
District court districting committee, commissioner as member of: RCW
3.38.010.
Duties relating to
air pollution control districts: Chapter 70.94 RCW.
assessor’s plats: RCW 58.18.010.
bailiffs of the superior court: RCW 2.32.360.
basic juvenile court act: Chapter 13.04 RCW.
billiard table, pigeon-hole table: RCW 67.14.050.
bonds of public officers: Chapter 42.08 RCW.
bowling alleys: RCW 67.14.050.
cemetery districts: Chapter 68.52 RCW.
cities and towns
advancement of classification: Chapter 35.06 RCW.
agreements on planning, establishing, construction, etc., of streets:
Chapter 35.77 RCW.
annexation of unincorporated areas: Chapter 35.13 RCW.
county aid on street construction, etc.: RCW 47.24.050.
disincorporation of: Chapter 35.07 RCW.
erection of drawbridges in: Chapter 35.74 RCW.
general indebtedness bonds, county tax levy to pay: RCW 35.37.120.
incorporation proceedings: Chapter 35.02 RCW.
L.I.D. assessments of county property: RCW 35.44.140, 35.49.070.
civil service for sheriff’s office: Chapter 41.14 RCW.
combined city-county health department: Chapter 70.08 RCW.
county airport districts: Chapter 14.08 RCW.
county and city tuberculosis hospitals: Chapter 70.30 RCW.
county flood control: Chapter 86.12 RCW.
county road fund, illegal use of: RCW 47.08.100.
penalty: RCW 47.08.110.
county road projects if let to department of transportation where matching
funds: RCW 47.08.080.
county superintendent of schools: Chapter 28A.310 RCW.
county teachers’ institute: Chapter 28A.310 RCW.
court commissioner’s salary: RCW 2.24.030.
dancing, license to conduct: Chapter 67.12 RCW.
detention facilities for juveniles: Chapter 13.16 RCW.
devices to protect fish in lakes: RCW 90.24.050.
diking and drainage intercounty districts: Chapter 85.24 RCW.
diking districts: Chapter 85.05 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
diking, drainage and sewerage improvement districts: Chapter 85.08
RCW.
federal aid to: Chapter 85.12 RCW.
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
diseased animals: RCW 16.36.070.
[Title 36 RCW—page 69]
Chapter 36.32
Title 36 RCW: Counties
district court
clerks, assistants: Chapter 3.54 RCW.
facilities: RCW 3.58.050.
legislative authority: RCW 3.42.040.
district courts and other courts of limited jurisdiction: Chapters 3.30,
3.34, 3.38, 3.42, 3.46, 3.50, 3.54, 3.58, 3.62, 3.66, 3.70, 3.74 RCW.
drainage districts: Chapter 85.06 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
drawbridges, municipal: RCW 35.74.020, 35.74.030.
elections
creating new precincts: RCW 29A.16.040, 29A.16.050.
precinct officers: Chapter 29A.44 RCW.
voting systems: Chapter 29A.12 RCW.
electric franchises and rights-of-way: RCW 80.32.010.
eminent domain by
counties: Chapter 8.08 RCW.
county, wharves for: RCW 88.24.070.
federal property, purchase of: Chapter 39.32 RCW.
federal tax lien index: RCW 60.68.045.
ferry system tariffs and charges, review committee: RCW 47.60.310.
fire protection district commissioner vacancy: RCW 52.14.050.
fire protection districts: Chapters 52.04, 52.08, 52.12, 52.16 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
game, use of state lands for game purposes: RCW 77.12.360 through
77.12.390.
health districts: Chapter 70.46 RCW.
hospital districts: Chapter 70.44 RCW.
housing authority act: Chapter 35.82 RCW.
housing projects, cooperation: Chapter 35.83 RCW.
human remains: Chapter 68.50 RCW.
industrial development districts: Chapter 53.25 RCW.
intercounty rural library districts: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
internal revenue taxes, lien for: RCW 60.68.045.
irrigation and rehabilitation district rules and regulations: RCW
87.84.090.
irrigation districts
director divisions: Chapter 87.04 RCW.
dissolution of districts with bonds: Chapter 87.53 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
merger with drainage, joint drainage or consolidated drainage
improvement district: RCW 87.03.720 through 87.03.745.
joint aid river and harbor improvements: RCW 88.32.230 through
88.32.235.
legal aid: Chapter 2.50 RCW.
lien foreclosure: Chapter 84.64 RCW.
liquor
retail license: RCW 67.14.040.
sale or other disposition of: RCW 67.14.020.
wholesale license: RCW 67.14.050.
medical care by state, in county hospitals: Chapter 74.09 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
mineral and petroleum leases on county lands: Chapter 78.16 RCW.
mines, abandoned mining shafts and excavations: Chapter 78.12 RCW.
mosquito control districts: Chapter 17.28 RCW.
motor vehicle maximum speed limits outside cities and towns: RCW
46.61.400 through 46.61.425.
parks, bathing beaches, public camps, acquisition and operation of:
Chapter 67.20 RCW.
pest districts: Chapter 17.12 RCW.
planning commission: Chapter 35.63 RCW.
port districts
annexation of land to: Chapter 53.04 RCW.
commissioner elections: Chapter 53.12 RCW.
consolidation of: Chapter 53.46 RCW.
formation of: Chapter 53.04 RCW.
public cemetery and morgue: RCW 68.52.010, 68.52.020.
public health pooling fund: RCW 70.12.030.
public lands
rights-of-way over for roads, county wharves: RCW 79.36.440.
tidelands and shorelands, petition for replat: RCW 79.125.080.
[Title 36 RCW—page 70]
public utility districts: Chapters 54.08, 54.40 RCW.
privilege tax: Chapter 54.28 RCW.
public waterway districts: Chapter 91.08 RCW.
railroad grade crossings: Chapter 81.53 RCW.
reclamation districts of one million acres: Chapter 89.30 RCW.
reforestation: Chapter 79.22 RCW.
county exchange of land to block up holdings: RCW 79.17.020 and
79.17.060.
right to back and hold waters over county roads: RCW 90.28.010,
90.28.020.
river and harbor improvement districts: Chapter 88.32 RCW.
river and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
roads, closure of: Chapter 47.48 RCW.
roads and bridges, limited access facilities: Chapter 47.52 RCW.
rural county library districts: Chapter 27.12 RCW.
rural pool halls, billiard halls and bowling alleys, licensing of: Chapter
67.12 RCW.
school district organization: Chapter 28A.315 RCW.
school districts
penalties relating to: Chapter 28A.635 RCW.
second class, expenditures: Chapter 28A.330 RCW.
validation of indebtedness: Chapter 28A.535 RCW.
school funds: Chapter 28A.545 RCW.
section and corner lines, establishment of: Chapter 58.04 RCW.
special districts in counties with a population of two hundred ten thousand
or more, disincorporation of: Chapter 57.90 RCW.
state highways, acquisition of county lands for: RCW 47.12.040.
stock restricted areas: Chapter 16.24 RCW.
street railways: Chapter 81.64 RCW.
superior court special sessions: RCW 2.08.140, 2.08.150.
taxes, excise tax on real estate sales: Chapter 82.45 RCW.
property
collection of: Chapter 84.56 RCW.
levy of: Chapter 84.52 RCW.
lien foreclosure: Chapter 84.64 RCW.
listing of: Chapter 84.40 RCW.
revaluation: Chapter 84.41 RCW.
temporary gates across highways: RCW 16.60.080.
temporary quarters for court: RCW 2.28.141.
towns, uncertain boundaries: RCW 35.27.040 through 35.27.060.
traffic control devices: Chapter 47.36 RCW.
traffic schools: Chapter 46.83 RCW.
underground storage of natural gas, lease of county lands for: RCW
80.40.070.
United States reclamation areas, contracts to bring county lands into:
RCW 89.12.110.
veterans, indigent, deceased, burial of: RCW 73.08.070.
veterans’ meeting places, rent by county: RCW 73.04.080.
veterans’ relief: Chapter 73.08 RCW.
vouchers on public funds: Chapter 42.24 RCW.
water-sewer districts
annexation of property to: Chapter 57.24 RCW.
board of commissioners, vacancies: RCW 57.12.020.
consolidation of: Chapter 57.32 RCW.
generally: Title 57 RCW.
transfer of part: RCW 57.32.160.
withdrawal of territory from: Chapter 57.28 RCW.
weed district tax on county lands: RCW 17.04.180.
weed districts: Chapter 17.04 RCW.
wharves, authorizing of and prescribing rates: RCW 88.24.020.
Flood control
district (1937 act) board, commissioner to act for absent member: RCW
86.09.292.
zone districts, commissioners as ex officio supervisors: RCW 86.15.050.
Health districts: Chapter 70.46 RCW.
Metropolitan sewer advisory committee, commissioner as member: RCW
35.58.210.
Metropolitan water advisory committee, commissioner as member: RCW
35.58.230.
Property tax advisor: RCW 84.48.140.
Public assistance as county function: RCW 74.04.040.
Rangers, commissioners as ex officio: RCW 76.04.045.
(2010 Ed.)
County Commissioners
Reclamation district commission, commissioner as member of: RCW
89.30.055.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
Revenue, department of, to advise commissioners: RCW 84.08.020.
36.32.055
4038. (ii) 1891 c 67 § 3; RRS § 4039. (iii) 1891 c 89 § 4; RRS
§ 4040. (iv) 1891 c 67 § 5; RRS § 4041.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
36.32.040 Nomination by districts. (1) Except as provided in subsection (2) of this section, the qualified electors
of each county commissioner district, and they only, shall
nominate from among their own number, candidates for the
office of county commissioner of such commissioner district
to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates
for other county and district offices are nominated in all other
respects.
(2) Where the commissioners of a county composed
entirely of islands with a population of less than thirty-five
thousand have chosen to divide the county into unequal-sized
commissioner districts pursuant to the exception provided in
RCW 36.32.020, the qualified electors of the entire county
shall nominate from among their own number who reside
within a commissioner district, candidates for the office of
county commissioner of such commissioner district to be
voted for at the following general election. Such candidates
shall be nominated in the same manner as candidates for
other county offices are nominated in all other respects.
[1982 c 226 § 5; 1963 c 4 § 36.32.040. Prior: 1909 c 232 § 1;
RRS § 4043.]
36.32.040
Review board, commissioner as member of: RCW 35.13.171.
Solid waste collection districts: Chapter 36.58A RCW.
Traffic safety commission, member of association of county commissioners
appointed to: RCW 43.59.030.
United States townsite law, dedication of streets, etc., under commissioners
may alienate: RCW 58.28.440.
36.32.005 "County commissioners" defined. The
term "county commissioners" when used in this title or any
other provision of law shall include the governmental authority empowered to so act under the provisions of a charter
adopted by any county of the state. [1971 ex.s. c 117 § 1.]
36.32.005
36.32.010 Board of commissioners established—
Quorum. There is established in each county in this state a
board of county commissioners. Except as provided in RCW
36.32.055 and 36.32.0552, each board of county commissioners shall consist of three qualified electors, two of whom
shall constitute a quorum to do business. [1990 c 252 § 1;
1963 c 4 § 36.32.010. Prior: Code 1881 § 2663; 1869 p 303
§ 1; 1867 p 52 § 1; 1863 p 540 § 1; 1854 p 420 § 1; RRS §
4036.]
36.32.010
36.32.020 Commissioner districts. The board of
county commissioners of each county shall divide their
county into three commissioner districts so that each district
shall comprise as nearly as possible one-third of the population of the county: PROVIDED, That the territory comprised
in any voting precincts of such districts shall remain compact,
and shall not be divided by the lines of said districts.
However, the commissioners of any county composed
entirely of islands and with a population of less than thirtyfive thousand may divide their county into three commissioner districts without regard to population, except that if
any single island is included in more than one district, the districts on such island shall comprise, as nearly as possible,
equal populations.
The lines of the districts shall not be changed oftener
than once in four years and only when a full board of commissioners is present. The districts shall be designated as districts numbered one, two and three. [1982 c 226 § 4; 1970
ex.s. c 58 § 1; 1963 c 4 § 36.32.020. Prior: 1893 c 39 § 2;
1890 p 317 §§ 1, 2; RRS § 4037.]
Additional notes found at www.leg.wa.gov
36.32.020
Additional notes found at www.leg.wa.gov
36.32.030 Terms of commissioners. The terms of
office of county commissioners shall be four years and until
their successors are elected and qualified and assume office
in accordance with *RCW 29.04.170: PROVIDED, That the
terms shall be staggered so that either one or two commissioners are elected at a general election held in an even-numbered year. [1979 ex.s. c 126 § 27; 1963 c 4 § 36.32.030.
Prior: 1951 c 89 § 1. Formerly: (i) 1891 c 97 §§ 1, 2; RRS §
36.32.030
(2010 Ed.)
36.32.050 Elected by entire county. County commissioners shall be elected by the qualified voters of the county
and the person receiving the highest number of votes for the
office of commissioner for the district in which he or she
resides shall be declared duly elected from that district.
[2009 c 549 § 4063; 1963 c 4 § 36.32.050. Prior: 1895 c 110
§ 1; 1893 c 39 § 1; 1891 c 67 § 6; 1890 p 317 § 3; RRS §
4042.]
36.32.050
36.32.055 Five-member commission—When authorized—Ballot proposition—Petition—Procedures. (1)
The board of commissioners of any noncharter county with a
population of three hundred thousand or more may cause a
ballot proposition to be submitted at a general election to the
voters of the county authorizing the board of commissioners
to be increased to five members.
(2) As an alternative procedure, a ballot proposition shall
be submitted to the voters of a noncharter county authorizing
the board of commissioners to be increased to five members,
upon petition of the county voters equal to at least ten percent
of the voters voting at the last county general election. At
least twenty percent of the signatures on the petition shall
come from each of the existing commissioner districts.
Any petition requesting that such an election be held
shall be submitted to the county auditor for verification of the
signatures thereon. Within no more than thirty days after the
submission of the petition, the auditor shall determine if the
petition contains the requisite number of valid signatures.
The auditor shall certify whether or not the petition has been
signed by the requisite number of county voters and forward
36.32.055
[Title 36 RCW—page 71]
36.32.0552
Title 36 RCW: Counties
such petition to the board of county commissioners. If the
petition has been signed by the requisite number of county
voters, the board of county commissioners shall submit such
a proposition to the voters for their approval or rejection at
the next general election held at least sixty days after the
proposition has been certified by the auditor. [1990 c 252 §
2.]
36.32.0552
36.32.0552 Five-member commission—Newly created positions—How filled—County divided into five districts. If the ballot proposition receives majority voter
approval, the size of the board of county commissioners shall
be increased to five members as provided in this section.
The two newly created positions shall be filled at elections to be held in the next year. The county shall, as provided
in this section, be divided into five commissioner districts, so
that each district shall comprise as nearly as possible onefifth of the population of the county. No two members of the
existing board of county commissioners may, at the time of
the designation of such districts, permanently reside in one of
the five districts. The division of the county into five districts
shall be accomplished as follows:
(1) The board of county commissioners shall, by the second Monday of March of the year following the election,
adopt a resolution creating the districts;
(2) If by the second Tuesday of March of the year following the election the board of county commissioners has
failed to create the districts, the prosecuting attorney of the
county shall petition the superior court of the county to
appoint a referee to designate the five commissioner districts.
The referee shall designate such districts by no later than June
1st of the year following the election. The two commissioner
districts within which no existing member of the board of
county commissioners permanently resides shall be designated as districts four and five. [1990 c 252 § 3.]
36.32.0554
36.32.0554 Five-member commission—Newly created positions—Terms of initially elected commissioners.
The terms of the persons who are initially elected to positions
four and five under RCW 36.32.0552 shall be as follows:
(1) If the year in which the primary and general elections
are held is an even-numbered year, the person elected to position four shall be elected for a two-year term, and the person
elected to position five shall be elected for a four-year term;
or
(2) If the year in which the primary and general elections
are held is an odd-numbered year, the person elected to position four shall be elected for a one-year term, and the person
elected to position five shall be elected for a three-year term.
The length of the terms shall be calculated from the first day
of January in the year following the election. Each person
elected pursuant to subsection (1) or (2) of this section shall
take office immediately upon the issuance of a certificate of
his or her election.
Thereafter, persons elected to commissioner positions
four and five shall be elected for four-year terms and shall
take office at the same time the other members of the board of
county commissioners take office. [1990 c 252 § 4.]
[Title 36 RCW—page 72]
36.32.0556 Five-member commissions—Four-year
terms—Nominations by districts—Elected by entire
county—Quorum. The commissioners in a five-member
board of county commissioners shall be elected to four-year
staggered terms. Each commissioner shall reside in a separate
commissioner district. Each commissioner shall be nominated from a separate commissioner district by the voters of
that district. Each shall be elected by the voters of the entire
county. Three members of a five-member board of commissioners shall constitute a quorum to do business. [1990 c 252
§ 5.]
36.32.0556
36.32.0558 Five-member commissions—Vacancies.
Vacancies on a board of county commissioners consisting of
five members shall be filled as provided in RCW 36.32.070,
except that:
(1) Whenever there are three or more vacancies, the governor shall appoint one or more commissioners until there are
a total of three commissioners;
(2) Whenever there are two vacancies, the three commissioners shall fill one of the vacancies;
(3) Whenever there is one vacancy, the four commissioners shall fill the single vacancy; and
(4) Whenever there is a vacancy after the general election in a year that the position appears on the ballot and
before the start of the next term, the term of the successor
who is of the same party as the incumbent may commence
once he or she has qualified as defined in *RCW 29.01.135
and shall continue through the term for which he or she was
elected. [2003 c 238 § 2; 1990 c 252 § 6.]
36.32.0558
*Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: See note following RCW
36.16.110.
36.32.060 Conditions of official bond. The bond of
each county commissioner shall be payable to the county, and
it shall be conditioned that the commissioner shall well and
faithfully discharge the duties of his or her office, and not
approve, audit, or order paid any illegal, unwarranted, or
unjust claim against the county for personal services. [2009
c 549 § 4064; 1963 c 4 § 36.32.060. Prior: 1955 c 157 § 10;
prior: 1921 c 132 § 1, part; 1893 c 75 § 7, part; RRS § 4046,
part.]
36.32.060
36.32.070 Vacancies on board. Whenever there is a
vacancy in the board of county commissioners, except as provided in RCW 36.32.0558, it shall be filled as follows:
(1) If there are three vacancies, the governor of the state
shall appoint two of the officers. The two commissioners
thus appointed shall then meet and select the third commissioner. If the two appointed commissioners fail to agree upon
selection of the third after the expiration of five days from the
day they were appointed, the governor shall appoint the
remaining commissioner.
(2) Whenever there are two vacancies in the office of
county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall
appoint the third commissioner. If they fail to agree upon a
selection after the expiration of five days from the day of the
36.32.070
(2010 Ed.)
County Commissioners
governor’s appointment, the governor shall appoint the third
commissioner.
(3) Whenever there is one vacancy in the office of county
commissioner, the two remaining commissioners shall fill the
vacancy. If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy
occurred, the governor shall appoint the third commissioner.
(4) Whenever there is a vacancy in the office of county
commissioner after the general election in a year that the
position appears on the ballot and before the start of the next
term, the term of the successor who is of the same party as the
incumbent may commence once he or she has qualified as
defined in *RCW 29.01.135 and shall continue through the
term for which he or she was elected. [2003 c 238 § 3; 1990
c 252 § 7; 1963 c 4 § 36.32.070. Prior: 1933 c 100 § 1; RRS
§ 4038-1.]
*Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: See note following RCW
36.16.110.
36.32.080 Regular meetings. The county legislative
authority of each county shall hold regular meetings at the
county seat to transact any business required or permitted by
law. [1989 c 16 § 1; 1963 c 4 § 36.32.080. Prior: 1893 c 105
§ 1; Code 1881 § 2667; 1869 p 303 § 5; 1867 p 53 § 5; 1863
p 541 § 5; 1854 p 420 § 5; RRS § 4047. Cf. 1893 c 75 § 1;
RRS § 4048.]
36.32.080
36.32.090 Special meetings. The county legislative
authority of each county may hold special meetings to transact the business of the county. Notice of a special meeting
shall be made as provided in RCW 42.30.080. A special
meeting may be held outside of the county seat at any location within the county if the agenda item or items are of
unique interest or concern to the citizens of the portion of the
county in which the special meeting is to be held. [1989 c 16
§ 2; 1963 c 4 § 36.32.090. Prior: Code 1881 § 2669; 1869 p
304 § 7; 1867 p 53 § 7; 1863 p 541 § 7; 1854 p 420 § 7; RRS
§ 4049. Cf. 1893 c 75 § 2; RRS § 4050.]
36.32.090
36.32.100 Chair of board—Election, powers. The
board of county commissioners at their first session after the
general election shall elect one of its number to preside at its
meetings. He or she shall sign all documents requiring the
signature of the board, and his or her signature as chair of the
board shall be as legal and binding as if all members had
affixed their names. In case the chair is absent at any meeting
of the board, all documents requiring the signature of the
board shall be signed by both members present. [2009 c 549
§ 4065; 1963 c 4 § 36.32.100. Prior: Code 1881 § 2676;
1869 p 305 § 14; 1867 p 55 § 14; 1863 p 542 § 14; 1854 p 421
§ 14; RRS § 4051.]
36.32.100
36.32.110 Clerk of board. The county auditor shall be
the clerk of the board of county commissioners unless the
board of county commissioners designates one of its employees to serve as clerk who shall attend its meetings and keep a
record of its proceedings. [1981 c 240 § 1; 1963 c 4 §
36.32.110. Prior: Code 1881 § 2668; 1869 p 304 § 6; 1867 p
53 § 6; 1863 p 541 § 6; 1854 p 420 § 6; RRS § 4052.]
36.32.110
(2010 Ed.)
36.32.120
36.32.120 Powers of legislative authorities. The legislative authorities of the several counties shall:
(1) Provide for the erection and repairing of court
houses, jails, and other necessary public buildings for the use
of the county;
(2) Lay out, discontinue, or alter county roads and highways within their respective counties, and do all other necessary acts relating thereto according to law, except within cities and towns which have jurisdiction over the roads within
their limits;
(3) License and fix the rates of ferriage; grant grocery
and other licenses authorized by law to be by them granted at
fees set by the legislative authorities which shall not exceed
the costs of administration and operation of such licensed
activities;
(4) Fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to be collected as prescribed by law;
(5) Allow all accounts legally chargeable against the
county not otherwise provided for, and audit the accounts of
all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit;
(6) Have the care of the county property and the management of the county funds and business and in the name of the
county prosecute and defend all actions for and against the
county, and such other powers as are or may be conferred by
law;
(7) Make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in
conflict with state law, and within the unincorporated area of
the county may adopt by reference Washington state statutes
and recognized codes and/ or compilations printed in book
form relating to the construction of buildings, the installation
of plumbing, the installation of electric wiring, health, or
other subjects, and may adopt such codes and/ or compilations or portions thereof, together with amendments thereto,
or additions thereto: PROVIDED, That except for Washington state statutes, there shall be filed in the county auditor’s
office one copy of such codes and compilations ten days prior
to their adoption by reference, and additional copies may also
be filed in library or city offices within the county as deemed
necessary by the county legislative authority: PROVIDED
FURTHER, That no such regulation, code, compilation,
and/ or statute shall be effective unless before its adoption, a
public hearing has been held thereon by the county legislative
authority of which at least ten days’ notice has been given.
Any violation of such regulations, ordinances, codes, compilations, and/ or statutes or resolutions shall constitute a misdemeanor or a civil violation subject to a monetary penalty:
PROVIDED FURTHER, That violation of a regulation, ordinance, code, compilation, and/ or statute relating to traffic
including parking, standing, stopping, and pedestrian
offenses is a traffic infraction, except that violation of a regulation, ordinance, code, compilation, and/ or statute equivalent to those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime and no act
that is a state crime may be made a civil violation. The notice
must set out a copy of the proposed regulations or summarize
36.32.120
[Title 36 RCW—page 73]
36.32.121
Title 36 RCW: Counties
the content of each proposed regulation; or if a code is
adopted by reference the notice shall set forth the full official
title and a statement describing the general purpose of such
code. For purposes of this subsection, a summary shall mean
a brief description which succinctly describes the main points
of the proposed regulation. When the county publishes a
summary, the publication shall include a statement that the
full text of the proposed regulation will be mailed upon
request. An inadvertent mistake or omission in publishing
the text or a summary of the content of a proposed regulation
shall not render the regulation invalid if it is adopted. The
notice shall also include the day, hour, and place of hearing
and must be given by publication in the newspaper in which
legal notices of the county are printed;
(8) Have power to compound and release in whole or in
part any debt due to the county when in their opinion the
interest of their county will not be prejudiced thereby, except
in cases where they or any of them are personally interested;
(9) Have power to administer oaths or affirmations necessary in the discharge of their duties and commit for contempt any witness refusing to testify before them with the
same power as district judges;
(10) Have power to declare by ordinance what shall be
deemed a nuisance within the county, including but not limited to "litter" and "potentially dangerous litter" as defined in
RCW 70.93.030; to prevent, remove, and abate a nuisance at
the expense of the parties creating, causing, or committing
the nuisance; and to levy a special assessment on the land or
premises on which the nuisance is situated to defray the cost,
or to reimburse the county for the cost of abating it. This
assessment shall constitute a lien against the property which
shall be of equal rank with state, county, and municipal taxes.
[2003 c 337 § 6; 1994 c 301 § 8; 1993 c 83 § 9; 1989 c 378 §
39; 1988 c 168 § 8; 1987 c 202 § 206; 1986 c 278 § 2; 1985 c
91 § 1; 1982 c 226 § 3; 1979 ex.s. c 136 § 35; 1975 1st ex.s.
c 216 § 1; 1967 ex.s. c 59 § 1; 1963 c 4 § 36.32.120. Prior:
1961 c 27 § 2; prior: (i) 1947 c 61 § 1; 1943 c 99 § 1; Code
1881 § 2673; 1869 p 305 § 11; 1867 p 54 § 11; 1863 p 542 §
11; 1854 p 421 § 11; Rem. Supp. 1947 § 4056. (ii) Code
1881 § 2681; 1869 p 307 § 20; 1867 p 56 § 20; 1863 p 543 §
20; 1854 p 422 § 20; RRS § 4061. (iii) Code 1881 § 2687;
1869 p 308 § 26; 1867 p 57 § 26; 1863 p 545 § 28; 1854 p 423
§ 22; RRS § 4071.]
Findings—2003 c 337: See note following RCW 70.93.060.
Intent—1987 c 202: See note following RCW 2.04.190.
Additional notes found at www.leg.wa.gov
36.32.121 Community revitalization financing—
Public improvements. In addition to other authority that a
county possesses, a county may provide any public improvement as defined under RCW 39.89.020, but this additional
authority is limited to participating in the financing of the
public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a county to
otherwise participate in the public improvements if that
authority exists elsewhere. [2001 c 212 § 13.]
36.32.121
Severability—2001 c 212: See RCW 39.89.902.
36.32.122 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitio36.32.122
[Title 36 RCW—page 74]
ner seeking a county license to operate a massage business
must provide verification of his or her state massage license
as provided for in RCW 18.108.030.
(2) The county may charge a licensing or operating fee,
but the fee charged a state licensed massage practitioner shall
not exceed the licensing or operating fee imposed on similar
health care providers, such as physical therapists or occupational therapists, operating within the same county.
(3) A state licensed massage practitioner is not subject to
additional licensing requirements not currently imposed on
similar health care providers, such as physical therapists or
occupational therapists. [1991 c 182 § 3.]
36.32.125 Adoption of certain regulations proscribed. Nothing in this chapter shall permit the counties to
adopt, by reference or by ordinance, regulations relating to
the subject matter contained in chapters 19.28, 43.22, 70.79,
or 70.87 RCW. [1971 ex.s. c 117 § 2.]
36.32.125
Adoption of provisions relating to electricians and electrical installations by
ordinance proscribed: RCW 19.28.101.
36.32.127 Driving while under the influence of liquor
or drugs—Minimum penalties. No county may establish a
penalty for an act that constitutes the crime of driving while
under the influence of intoxicating liquor or any drug, as provided for in RCW 46.61.502, or the crime of being in actual
physical control of a motor vehicle while under the influence
of intoxicating liquor or any drug, as provided in RCW
46.61.504, that is less than the penalties prescribed for those
crimes in RCW 46.61.5055. [1995 c 332 § 9; 1994 c 275 §
37; 1983 c 165 § 41.]
36.32.127
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Additional notes found at www.leg.wa.gov
36.32.130 Postponement of action. When only two
members are present at a meeting of the board, and a division
takes place on any question, the matter under consideration
shall be postponed to the next subsequent meeting. [1963 c 4
§ 36.32.130. Prior: Code 1881 § 2671; 1869 p 304 § 9; 1867
p 53 § 9; 1863 p 541 § 9; 1854 p 421 § 9; RRS § 4055.]
36.32.130
36.32.135 Official seal. The county commissioners of
each county shall have and use a seal for the purpose of sealing their proceedings, and copies of the same when signed
and sealed by the said county commissioners, and attested by
their clerk, shall be admitted as evidence of such proceedings
in the trial of any cause in any court in this state; and until
such seal shall be provided, the private seal of the chair of
such board of county commissioners shall be adopted as a
seal. [2009 c 549 § 4066; 1963 c 4 § 36.32.135. Prior: Code
1881 § 2672; 1854 p 421 § 10; RRS § 4069. Formerly RCW
36.16.080.]
36.32.135
36.32.140 Record of proceedings. The board of county
commissioners shall cause to be recorded, in a book kept for
that purpose, all their proceedings and determinations touching all matters properly cognizable before it; and all books,
accounts, vouchers, and papers, touching the business or
property of the county shall be carefully kept by the clerk,
36.32.140
(2010 Ed.)
County Commissioners
and be open to public inspection. [1963 c 4 § 36.32.140.
Prior: Code 1881 § 2675; 1869 p 305 § 13; 1867 p 54 § 13;
1863 p 542 § 13; 1854 p 421 § 13; RRS § 4072.]
36.32.150 Transcribing mutilated records. The
county commissioners shall, when any of the county records
become so mutilated that their handling becomes dangerous
to the safety of such records, and when in the judgment of the
county commissioners it may become necessary to, order the
transcribing of said records at a sum not exceeding eight
cents per folio of one hundred words, in books to be provided
for that purpose by the county. [1963 c 4 § 36.32.150. Prior:
1893 c 14 § 1; RRS § 4065.]
36.32.150
36.32.155 Transcribing mutilated records—Prior
transcribing validated. All records transcribed by order of
any board of county commissioners in this state prior to the
effective date of chapter 14, Laws of 1893, shall be and are
hereby declared the legal records of said county the same as
if transcribed under the provisions of RCW 36.32.150
through 36.32.170. [1963 c 4 § 36.32.155. Prior: 1893 c 14
§ 4; RRS § 4068.]
36.32.155
36.32.160 Transcribing mutilated records—Auditor
to direct transcribing, certify. The books containing the
transcribed records shall be certified by the county auditor,
under whose direction the transcribing was done, as being
true copies of the original. [1963 c 4 § 36.32.160. Prior:
1893 c 14 § 2; RRS § 4066.]
36.32.160
36.32.170 Transcribing mutilated records—Original
records to be preserved. All the original record books, after
the transcribing thereof, shall be filed away in the auditor’s
office and only be used in case of contest on the correctness
of the transcribed records. [1963 c 4 § 36.32.170. Prior:
1893 c 14 § 3; RRS § 4067.]
36.32.170
36.32.200 Special attorneys, employment of. It shall
be unlawful for a county legislative authority to employ or
contract with any attorney or counsel to perform any duty
which any prosecuting attorney is authorized or required by
law to perform, unless the contract of employment of such
attorney or counsel has been first reduced to writing and
approved by the presiding superior court judge of the county
in writing endorsed thereon. This section shall not prohibit
the appointment of deputy prosecuting attorneys in the manner provided by law.
Any contract written pursuant to this section shall be
limited to two years in duration. [1983 c 129 § 1; 1963 c 4 §
36.32.200. Prior: 1905 c 25 § 1; RRS § 4075.]
36.32.200
36.32.210 Inventory of county capitalized assets—
County commission inventory statement—Filing and
public inspection—Penalty—Prosecutions—Taxpayer’s
action. (1) Each board of county commissioners of the several counties of the state of Washington shall, on the first
Monday of March of each year, file with the auditor of the
county a statement verified by oath showing for the twelve
months period ending December 31st of the preceding year,
the following:
36.32.210
(2010 Ed.)
36.32.235
(a) A full and complete inventory of all capitalized assets
shall be kept in accordance with standards established by the
state auditor. This inventory shall be segregated to show the
following subheads:
(i) The assets, including equipment, on hand, together
with a statement of the date when acquired, the amount paid
therefor, the estimated life thereof and a sufficient description
to fully identify such property;
(ii) All equipment of every kind or nature sold or disposed of in any manner during such preceding twelve months
period, together with the name of the purchaser, the amount
paid therefor, whether or not the same was sold at public or
private sale, the reason for such disposal and a sufficient
description to fully identify the same; and
(iii) All the equipment purchased during the period,
together with the date of purchase, the amount paid therefor,
whether or not the same was bought under competitive bidding, the price paid therefor and the probable life thereof, the
reason for making the purchase and a sufficient description to
fully identify such property; and
(b) The person to whom such money or any part thereof
was paid and why so paid and the date of such payment.
(2) Inventories shall be filed with the county auditor as a
public record and shall be open to the inspection of the public.
(3) Any county commissioner failing to file such statement or willfully making any false or incorrect statement
therein or aiding or abetting in the making of any false or
incorrect statement is guilty of a gross misdemeanor.
(4) It is the duty of the prosecuting attorney of each
county to within three days from the calling to his or her
attention of any violation to institute proceedings against
such offending official and in addition thereto to prosecute
appropriate action to remove such commissioner from office.
(5) Any taxpayer of such county is hereby authorized to
institute the action in conjunction with or independent of the
action of the prosecuting attorney. [2003 c 53 § 204; 1997 c
245 § 3; 1995 c 194 § 5; 1969 ex.s. c 182 § 2; 1963 c 108 § 1;
1963 c 4 § 36.32.210. Prior: 1931 c 95 § 1; RRS § 4056-1.
FORMER PARTS OF SECTION: (i) 1931 c 95 § 2; RRS §
4056-2, now codified as RCW 36.32.213. (ii) 1931 c 95 § 3;
RRS § 4056-3, now codified as RCW 36.32.215.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
State building code: Chapter 19.27 RCW.
36.32.235 Competitive bids—Purchasing department—Counties with a population of four hundred thousand or more—Public works procedures—Exceptions.
(1) In each county with a population of four hundred thousand or more which by resolution establishes a county purchasing department, the purchasing department shall enter
into leases of personal property on a competitive basis and
purchase all supplies, materials, and equipment on a competitive basis, for all departments of the county, as provided in
this chapter and chapter 39.04 RCW, except that the county
purchasing department is not required to make purchases that
are paid from the county road fund or equipment rental and
revolving fund.
(2) As used in this section, "public works" has the same
definition as in RCW 39.04.010.
36.32.235
[Title 36 RCW—page 75]
36.32.235
Title 36 RCW: Counties
(3) Except as otherwise specified in this chapter or in
chapter 36.77 RCW, all counties subject to these provisions
shall contract on a competitive basis for all public works after
bids have been submitted to the county upon specifications
therefor. Such specifications shall be in writing and shall be
filed with the clerk of the county legislative authority for public inspection.
(4) An advertisement shall be published in the county
official newspaper stating the time and place where bids will
be opened, the time after which bids will not be received, the
character of the work to be done, the materials and equipment
to be furnished, and that specifications therefor may be seen
at the office of the clerk of the county legislative authority.
An advertisement shall also be published in a legal newspaper of general circulation in or as near as possible to that part
of the county in which such work is to be done. If the county
official newspaper is a newspaper of general circulation covering at least forty percent of the residences in that part of the
county in which such public works are to be done, then the
publication of an advertisement of the applicable specifications in the county official newspaper is sufficient. Such
advertisements shall be published at least once at least thirteen days prior to the last date upon which bids will be
received.
(5) The bids shall be in writing, shall be filed with the
clerk, shall be opened and read in public at the time and place
named therefor in the advertisements, and after being opened,
shall be filed for public inspection. No bid may be considered for public work unless it is accompanied by a bid deposit
in the form of a surety bond, postal money order, cash, cashier’s check, or certified check in an amount equal to five percent of the amount of the bid proposed.
(6) The contract for the public work shall be awarded to
the lowest responsible bidder. Any or all bids may be
rejected for good cause. The county legislative authority
shall require from the successful bidder for such public work
a contractor’s bond in the amount and with the conditions
imposed by law.
(7) If the bidder to whom the contract is awarded fails to
enter into the contract and furnish the contractor’s bond as
required within ten days after notice of the award, exclusive
of the day of notice, the amount of the bid deposit shall be
forfeited to the county and the contract awarded to the next
lowest and best bidder. The bid deposit of all unsuccessful
bidders shall be returned after the contract is awarded and the
required contractor’s bond given by the successful bidder is
accepted by the county legislative authority. Immediately
after the award is made, the bid quotations obtained shall be
recorded and open to public inspection and shall be available
by telephone inquiry.
(8) As limited by subsection (10) of this section, a county
subject to these provisions may have public works performed
by county employees in any annual or biennial budget period
equal to a dollar value not exceeding ten percent of the public
works construction budget, including any amount in a supplemental public works construction budget, over the budget
period.
Whenever a county subject to these provisions has had
public works performed in any budget period up to the maximum permitted amount for that budget period, all remaining
public works except emergency work under subsection (12)
[Title 36 RCW—page 76]
of this section within that budget period shall be done by contract pursuant to public notice and call for competitive bids as
specified in subsection (3) of this section. The state auditor
shall report to the state treasurer any county subject to these
provisions that exceeds this amount and the extent to which
the county has or has not reduced the amount of public works
it has performed by public employees in subsequent years.
(9) If a county subject to these provisions has public
works performed by public employees in any budget period
that are in excess of this ten percent limitation, the amount in
excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that county in its next budget
period. Ten percent of the motor vehicle fuel tax distributions to that county shall be withheld if two years after the
year in which the excess amount of work occurred, the
county has failed to so reduce the amount of public works
that it has performed by public employees. The amount withheld shall be distributed to the county when it has demonstrated in its reports to the state auditor that the amount of
public works it has performed by public employees has been
reduced as required.
(10) In addition to the percentage limitation provided in
subsection (8) of this section, counties subject to these provisions containing a population of four hundred thousand or
more shall not have public employees perform a public works
project in excess of ninety thousand dollars if more than a
single craft or trade is involved with the public works project,
or a public works project in excess of forty-five thousand dollars if only a single craft or trade is involved with the public
works project. A public works project means a complete
project. The restrictions in this subsection do not permit the
division of the project into units of work or classes of work to
avoid the restriction on work that may be performed by public employees on a single project.
The cost of a separate public works project shall be the
costs of materials, supplies, equipment, and labor on the construction of that project. The value of the public works budget shall be the value of all the separate public works projects
within the budget.
(11) In addition to the accounting and recordkeeping
requirements contained in chapter 39.04 RCW, any county
which uses public employees to perform public works
projects under RCW 36.32.240(1) shall prepare a year-end
report to be submitted to the state auditor indicating the total
dollar amount of the county’s public works construction budget and the total dollar amount for public works projects performed by public employees for that year.
The year-end report submitted pursuant to this subsection to the state auditor shall be in accordance with the standard form required by RCW 43.09.205.
(12) Notwithstanding any other provision in this section,
counties may use public employees without any limitation for
emergency work performed under an emergency declared
pursuant to RCW 36.32.270, and any such emergency work
shall not be subject to the limitations of this section. Publication of the description and estimate of costs relating to correcting the emergency may be made within seven days after
the commencement of the work. Within two weeks of the
finding that such an emergency existed, the county legislative
authority shall adopt a resolution certifying the damage to
(2010 Ed.)
County Commissioners
public facilities and costs incurred or anticipated relating to
correcting the emergency. Additionally this section shall not
apply to architectural and engineering or other technical or
professional services performed by public employees in connection with a public works project.
(13) In lieu of the procedures of subsections (3) through
(11) of this section, a county may let contracts using the small
works roster process provided in RCW 39.04.155.
Whenever possible, the county shall invite at least one
proposal from a minority or woman contractor who shall otherwise qualify under this section.
(14) The allocation of public works projects to be performed by county employees shall not be subject to a collective bargaining agreement.
(15) This section does not apply to performance-based
contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW.
(16) Nothing in this section prohibits any county from
allowing for preferential purchase of products made from
recycled materials or products that may be recycled or
reused.
(17) This section does not apply to contracts between the
public stadium authority and a team affiliate under RCW
36.102.060(4), or development agreements between the public stadium authority and a team affiliate under RCW
3 6 . 1 0 2 . 0 6 0 ( 7 ) o r l ea s e s e n t e r e d i n t o u n d e r R C W
36.102.060(8). [2009 c 229 § 6; 2000 c 138 § 206; 1997 c
220 § 401 (Referendum Bill No. 48, approved June 17,
1997); 1996 c 219 § 2.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Additional notes found at www.leg.wa.gov
36.32.240 Competitive bids—Purchasing department—Counties with a population of less than four hundred thousand. (1) In any county the county legislative
authority may by resolution establish a county purchasing
department.
(2) In each county with a population of less than four
hundred thousand which exercises this option, the purchasing
department shall contract on a competitive basis for all public
works, enter into leases of personal property on a competitive
basis, and purchase all supplies, materials, and equipment, on
a competitive basis, for all departments of the county, as provided in this chapter and chapter 39.04 RCW, except that the
county purchasing department is not required to make purchases for the county hospital, or make purchases that are
paid from the county road fund or equipment rental and
revolving fund. [2009 c 229 § 7; 1996 c 219 § 1; 1993 c 198
§ 5; 1991 c 363 § 57; 1985 c 169 § 8; 1983 c 3 § 77; 1974
ex.s. c 52 § 1; 1967 ex.s. c 144 § 15; 1963 c 4 § 36.32.240.
Prior: 1961 c 169 § 1; 1949 c 33 § 1; 1945 c 61 § 1; Rem.
Supp. 1949 § 10322-15.]
36.32.240
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
36.32.250
36.32.245 Competitive bids—Requirements—
Advertisements—Exceptions. (1) No contract for the purchase of materials, equipment, or supplies may be entered
into by the county legislative authority or by any elected or
appointed officer of the county until after bids have been submitted to the county. Bid specifications shall be in writing
and shall be filed with the clerk of the county legislative
authority for public inspection. An advertisement shall be
published in the official newspaper of the county stating the
time and place where bids will be opened, the time after
which bids will not be received, the materials, equipment,
supplies, or services to be purchased, and that the specifications may be seen at the office of the clerk of the county legislative authority. The advertisement shall be published at
least once at least thirteen days prior to the last date upon
which bids will be received.
(2) The bids shall be in writing and filed with the clerk.
The bids shall be opened and read in public at the time and
place named in the advertisement. Contracts requiring competitive bidding under this section may be awarded only to
the lowest responsible bidder. Immediately after the award is
made, the bid quotations shall be recorded and open to public
inspection and shall be available by telephone inquiry. Any
or all bids may be rejected for good cause.
(3) For advertisement and formal sealed bidding to be
dispensed with as to purchases between five thousand and
twenty-five thousand dollars, the county legislative authority
must use the uniform process to award contracts as provided
in RCW 39.04.190. Advertisement and formal sealed bidding may be dispensed with as to purchases of less than five
thousand dollars upon the order of the county legislative
authority.
(4) This section does not apply to performance-based
contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW; or contracts and purchases
for the printing of election ballots, voting machine labels, and
all other election material containing the names of candidates
and ballot titles.
(5) Nothing in this section shall prohibit the legislative
authority of any county from allowing for preferential purchase of products made from recycled materials or products
that may be recycled or reused.
(6) This section does not apply to contracting for public
defender services by a county. [2007 c 88 § 1. Prior: 1993 c
233 § 1; 1993 c 198 § 7; 1991 c 363 § 62.]
36.32.245
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.32.250 Competitive bids—Contract procedure—
Contracts under forty thousand dollars—Small works
roster process. No contract for public works may be entered
into by the county legislative authority or by any elected or
appointed officer of the county until after bids have been submitted to the county upon specifications therefor. Such specifications shall be in writing and shall be filed with the clerk
of the county legislative authority for public inspection. An
advertisement shall be published in the county official newspaper stating the time and place where bids will be opened,
the time after which bids will not be received, the character of
the work to be done, the materials and equipment to be furnished, and that specifications therefor may be seen at the
36.32.250
[Title 36 RCW—page 77]
36.32.253
Title 36 RCW: Counties
office of the clerk of the county legislative authority. An
advertisement shall also be published in a legal newspaper of
general circulation in or as near as possible to that part of the
county in which such work is to be done. If the county official newspaper is a newspaper of general circulation covering
at least forty percent of the residences in that part of the
county in which such public works are to be done, then the
publication of an advertisement of the applicable specifications in the county official newspaper shall be sufficient.
Such advertisements shall be published at least once at least
thirteen days prior to the last date upon which bids will be
received. The bids shall be in writing, shall be filed with the
clerk, shall be opened and read in public at the time and place
named therefor in the advertisements, and after being opened,
shall be filed for public inspection. No bid may be considered for public work unless it is accompanied by a bid deposit
in the form of a surety bond, postal money order, cash, cashier’s check, or certified check in an amount equal to five percent of the amount of the bid proposed. The contract for the
public work shall be awarded to the lowest responsible bidder. Any or all bids may be rejected for good cause. The
county legislative authority shall require from the successful
bidder for such public work a contractor’s bond in the amount
and with the conditions imposed by law. If the bidder to
whom the contract is awarded fails to enter into the contract
and furnish the contractor’s bond as required within ten days
after notice of the award, exclusive of the day of notice, the
amount of the bid deposit shall be forfeited to the county and
the contract awarded to the next lowest and best bidder. A
low bidder who claims error and fails to enter into a contract
is prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project. The bid
deposit of all unsuccessful bidders shall be returned after the
contract is awarded and the required contractor’s bond given
by the successful bidder is accepted by the county legislative
authority. In the letting of any contract for public works
involving less than forty thousand dollars, advertisement and
competitive bidding may be dispensed with on order of the
county legislative authority. Immediately after the award is
made, the bid quotations obtained shall be recorded and open
to public inspection and shall be available by telephone
inquiry.
As an alternative to requirements under this section, a
county may let contracts using the small works roster process
under RCW 39.04.155.
This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(4), that are negotiated
under chapter 39.35A RCW. [2009 c 229 § 8; 2000 c 138 §
207; 1996 c 18 § 3; 1993 c 198 § 8; 1991 c 363 § 58. Prior:
1989 c 431 § 57; 1989 c 244 § 6; prior: 1985 c 369 § 1; 1985
c 169 § 9; 1977 ex.s. c 267 § 1; 1975 1st ex.s. c 230 § 1; 1967
ex.s. c 144 § 16; 1967 c 97 § 1; 1965 c 113 § 1; 1963 c 4 §
36.32.250; prior: 1945 c 61 § 2; Rem. Supp. 1945 §
10322-16.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 78]
36.32.253 Competitive bids—Leases of personal
property. No lease of personal property may be entered into
by the county legislative authority or by any elected or
appointed officer of the county except upon use of the procedures specified in this chapter and chapter 39.04 RCW for
awarding contracts for purchases when it leases personal
property from the lowest responsible bidder. [1993 c 198 § 6;
1991 c 363 § 63.]
36.32.253
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.32.256 Competitive bids—Multiple awards for
road maintenance materials. A county when calling for
competitive bids for the procurement of road maintenance
materials may award to multiple bidders for the same commodity when the bid specifications provide for the factors of
haul distance to be included in the determination of which
vendor is truly the lowest price to the county. The county may
readvertise for additional bidders and vendors if it deems it
necessary in the public interest. [1991 c 363 § 61.]
36.32.256
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.32.260 Competitive bids—Purchasing agent. In
any county having a purchasing department the board of
county commissioners shall appoint a county purchasing
agent, who shall be the head of such purchasing department.
The county purchasing agent shall have had previous purchasing experience as purchasing agent of a commercial,
industrial, institutional, or governmental plant or agency, and
shall be placed under such bond as the board may require.
The board may establish a central storeroom or storerooms in
charge of the county purchasing agent in which supplies and
equipment may be stored and issued upon proper requisition
by department heads. The purchasing agent shall be responsible for maintaining perpetual inventories of supplies and
equipment and shall at least yearly, or oftener when so
required by the board, report to the county commissioners a
balancing of the inventory record with the actual amount of
supplies or equipment on hand. [1963 c 4 § 36.32.260. Prior:
1961 c 169 § 2; 1945 c 61 § 3; Rem. Supp. 1945 § 10322-17.]
36.32.260
36.32.265 Competitive bids—Inapplicability to certain agreements relating to water pollution control, solid
waste handling facilities. RCW 36.32.240, 36.32.250, and
36.32.260 do not apply to the selection of persons or entities
to construct or develop water pollution control facilities or to
provide water pollution control services under RCW
70.150.040 or the selection of persons or entities to construct
or develop solid waste handling facilities or to provide solid
waste handling services under RCW 36.58.090. [1989 c 399
§ 8; 1987 c 436 § 9.]
36.32.265
36.32.270 Competitive bids—Exemptions. The
county legislative authority may waive the competitive bidding requirements of this chapter pursuant to RCW 39.04.280
if an exemption contained within that section applies to the
purchase or public work. [1998 c 278 § 4; 1963 c 4 §
36.32.270. Prior: 1961 c 169 § 3; 1945 c 61 § 4; Rem. Supp.
1945 § 10322-18.]
36.32.270
(2010 Ed.)
County Commissioners
36.32.280
36.32.280 Regulation of watercourses. The state in the
exercise of its sovereign and police power authorizes any
county alone or acting jointly with any other county to regulate and control the flow of waters, both navigable and nonnavigable, within such county or counties, for the purpose of
preventing floods which may threaten or cause damage, public or private. [1963 c 4 § 36.32.280. Prior: 1921 c 30 § 1;
RRS § 4057-1.]
36.32.290
36.32.290 Regulation of watercourses—Removal of
obstructions. When the board of county commissioners of
any county deems it essential to the public interest for flood
prevention purposes it may remove drifts, jams, logs, debris,
gravel, earth, stone or bars forming obstructions to the
stream, or other material from the beds, channels, and banks
of watercourses in any manner deemed expedient, including
the deposit thereof on bars not forming obstructions to the
stream, or on subsidiary or high water channels of such
watercourses. [1963 c 4 § 36.32.290. Prior: 1921 c 30 § 2;
RRS § 4057-2.]
36.32.300
36.32.300 Regulation of watercourses—Trees may be
removed from river banks. When any forest trees are situated upon the bank of any watercourse or so close thereto as
to be in danger of falling into it, the owner or occupant of any
of the premises shall be notified to remove them forthwith.
The notice shall be based upon a resolution or order of the
county commissioners and may be given by mail to the last
known address of the owner or occupant. If the trees are not
removed within ten days after the date of the notice, the
county may thereupon fell them. [1963 c 4 § 36.32.300.
Prior: 1921 c 30 § 3; RRS § 4057-3.]
36.32.310
36.32.310 Compensation for extra services. Whenever a member of the board of county commissioners of any
county has a claim for compensation for per diem and
expenses for attendance upon any special session of the board
or a claim for compensation for extra services or expenses
incurred as such commissioners, including services performed as road commissioner, the claim shall be verified by
him or her and after being approved by a majority of the
board of county commissioners of the county shall be filed
with the clerk of the superior court and be approved by a
judge of the superior court of such county or any superior
court judge holding court in such county. The judge may
make such investigation as he or she deems necessary to
determine the correctness of the claim and may, after such
investigation, approve or reject any part of such claim. If the
judge so approve the claim or any part thereof the same shall
be certified by the clerk under the seal of his or her office and
be returned to the county auditor who shall draw a warrant
therefor. The court shall not be required oftener than once in
each month to pass upon such claims and it may fix a time in
each month by general order filed with the clerk of the board
of county commissioners on or before which such claims
must be filed with the clerk of the court. [2009 c 549 § 4067;
1963 c 4 § 36.32.310. Prior: 1921 c 100 § 1; 1911 c 66 § 1;
RRS § 4053.]
(2010 Ed.)
36.32.350
36.32.330 Appeals from board’s action. Any person
may appeal to the superior court from any decision or order
of the board of county commissioners. Such appeal shall be
taken within twenty days after the decision or order, and the
appellant shall within that time serve notice of appeal on the
county commissioners. The notice shall be in writing and
shall be delivered to at least one of the county commissioners
personally, or left with the county auditor. The appellant
shall, within ten days after service of the notice of appeal give
a bond to the county with one or more sureties, to be
approved by the county auditor, conditioned for the payment
of all costs which shall be adjudged against him or her on
such appeal in the superior court. The practice regulating
appeals from and writs of certiorari to justice’s courts shall,
insofar as applicable, govern in matters of appeal from a decision or order of the board of county commissioners.
Nothing herein contained shall be construed to prevent a
party having a claim against any county in this state from
enforcing the collection thereof by civil action in any court of
competent jurisdiction after the same has been presented to
and filed as provided by law and disallowed in whole or in
part by the board of county commissioners of the proper
county. Such action must, however, be commenced within
the time limitation provided in *RCW 36.45.030. [2009 c
549 § 4068; 1963 c 4 § 36.32.330. Prior: 1957 c 224 § 5;
1893 c 121 § 1; Code 1881 § 2695; 1869 p 308 § 29; 1867 p
57 § 29; 1863 p 545 § 30; 1854 p 423 § 24; RRS § 4076. Cf.
1879 p 143 §§ 1, 2.]
36.32.330
*Reviser’s note: RCW 36.45.030 was repealed by 1993 c 449 § 13.
36.32.335 Coordination of county administrative
programs—Legislative declaration. The public necessity
for the coordination of county administrative programs, especially in the fields of highways and social security, be and is
hereby recognized. [1963 c 4 § 36.32.335. Prior: 1939 c 188
§ 1; RRS § 4077-2.]
36.32.335
36.32.340 Coordination of county administrative
programs—Duties incident to. The county commissioners
shall take such action as is necessary to effect coordination of
their administrative programs and prepare reports annually
on the operations of all departments under their jurisdiction.
[1998 c 245 § 27; 1963 c 4 § 36.32.340. Prior: 1939 c 188 §
2; RRS § 4077-3.]
36.32.340
36.32.350 Coordination of county administrative
programs—Coordinating agency—Agency reimbursement. County legislative authorities may designate the
Washington state association of counties as a coordinating
agency in the execution of duties imposed by RCW
36.32.335 through 36.32.360 and reimburse the association
from county current expense funds in the county legislative
authority’s budget for the costs of any such services rendered.
Such reimbursement shall be paid on vouchers submitted to
the county auditor and approved by the county legislative
authority in the manner provided for the disbursement of
other current expense funds and the vouchers shall set forth
the nature of the service rendered, supported by affidavit that
the service has actually been performed. [1991 c 363 § 59;
1973 1st ex.s. c 195 § 30; 1971 ex.s. c 85 § 3; 1970 ex.s. c 47
36.32.350
[Title 36 RCW—page 79]
36.32.360
Title 36 RCW: Counties
§ 1; 1963 c 4 § 36.32.350. Prior: 1947 c 49 § 1; 1939 c 188 §
3; Rem. Supp. 1947 § 4077-4.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Associations of municipal corporations or municipal officers to furnish
information to legislature and governor: RCW 44.04.170.
Merger of state association of counties with state association of county officials: RCW 36.47.070.
Winter recreation advisory committee, representative of association of counties as member: RCW 79A.05.255.
Additional notes found at www.leg.wa.gov
36.32.360 Coordination of county administrative
programs—Attendance at conventions authorized.
County commissioners are hereby authorized to take such
other and further action as may be deemed necessary to the
compliance with the intent of RCW 36.32.335 through
36.32.360, including attendance at such state or district meetings as may be required to formulate the reports directed in
RCW 36.32.340. [1963 c 4 § 36.32.360. Prior: 1939 c 188 §
4; RRS § 4077-5.]
36.32.360
36.32.370 Land surveys. Except as otherwise provided
in this title, the board of county commissioners, through a
surveyor employed by it shall execute all surveys of land that
may be required by the county. The certificate of the surveyor
so employed of any survey made of lands within the county
shall be presumptive evidence of the facts therein contained.
[1963 c 4 § 36.32.370. Prior: (i) 1895 c 77 § 3; RRS § 4144.
(ii) 1895 c 77 § 4; RRS § 4145.]
priate resolution, authorize their respective counties to pay all
or any portion of the cost thereof.
Nothing in this section shall impair the eligibility of any
employee of a county, municipality, or other political subdivision under RCW 41.04.205. [1991 sp.s. c 30 § 21;
1975-’76 2nd ex.s. c 106 § 7; 1963 c 4 § 36.32.400. Prior:
1957 c 106 § 1; 1955 c 51 § 1.]
Additional notes found at www.leg.wa.gov
36.32.410
36.32.410 Participation in Economic Opportunity
Act programs. The board of county commissioners of any
county is hereby authorized and empowered in its discretion
by resolution or ordinance passed by a majority of the board,
to take whatever action it deems necessary to enable the
county to participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat.
508), as amended. Such participation may be engaged in as a
sole county operation or in conjunction or cooperation with
the state, any other county, city, or municipal corporation, or
any private corporation qualified under said Economic
Opportunity Act. [1971 ex.s. c 177 § 1; 1965 c 14 § 1.]
36.32.370
36.32.380 Land surveys—Record of surveys. Except
as otherwise provided in this title, the board of county commissioners shall cause to be recorded in a suitable book all
surveys except such as are made for a temporary purpose.
The record book shall be so constructed as to have one page
for diagrams to be numbered progressively and the opposite
page for notes and remarks; no diagram shall be so constructed as to scale less than one inch to twenty chains. [1963
c 4 § 36.32.380. Prior: 1895 c 77 § 5; RRS § 4150.]
36.32.380
36.32.390 Nonmonthly employees, vacations and sick
leaves. Each employee of any county in this state who is
employed on an hourly or per diem basis, who shall have
worked fifteen hundred hours or more in any one year may in
the discretion of the board of county commissioners be given
the same vacations and sick leaves as are provided for the
employees of the county employed on a monthly basis.
[1963 c 4 § 36.32.390. Prior: 1951 c 187 § 1.]
36.32.390
36.32.400 Health care and group insurance. Subject
to chapter 48.62 RCW, any county by a majority vote of its
board of county commissioners may enter into contracts to
provide health care services and/or group insurance for the
benefit of its employees, and may pay all or any part of the
cost thereof. Any two or more counties, by a majority vote of
their respective boards of county commissioners may, if
deemed expedient, join in the procuring of such health care
services and/or group insurance, and the board of county
commissioners of each participating county may, by appro36.32.400
[Title 36 RCW—page 80]
36.32.415
36.32.415 Low-income housing—Loans and grants.
A county may assist in the development or preservation of
publicly or privately owned housing for persons of low
income by providing loans or grants of general county funds
to the owners or developers of the housing. The loans or
grants shall be authorized by the legislative authority of a
county. They may be made to finance all or a portion of the
cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or family
of low income. As used in this section, "low income" means
income that does not exceed eighty percent of the median
income for the standard metropolitan statistical area in which
the county is located. Housing constructed with loans or
grants made under this section shall not be considered public
works or improvements subject to competitive bidding or a
purchase of services subject to the prohibition against
advance payment for services: PROVIDED, That whenever
feasible the borrower or grantee shall make every reasonable
and practicable effort to utilize a competitive public bidding
process. [1986 c 248 § 2.]
36.32.420
36.32.420 Youth agencies—Establishment authorized. See RCW 35.21.630.
36.32.425
36.32.425 Juvenile curfews. (1) The legislative authority of any county has the authority to enact an ordinance, for
the purpose of preserving the public safety or reducing acts of
violence by or against juveniles that are occurring at such
rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which
juveniles may be present on the public streets, in the public
parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance. [1994 sp.s. c 7 § 504.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
(2010 Ed.)
County Commissioners
36.32.430 Parks, may designate name of. The board
of county commissioners is authorized to designate the name
of any park established by the county. [1965 ex.s. c 76 § 3.]
36.32.430
Acquisition of property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes: RCW 36.34.340.
36.32.435 Historic preservation—Authorization to
acquire property, borrow money, issue bonds, etc. Any
county may acquire title to or any interest in real and personal
property for the purpose of historic preservation and may
restore, improve, maintain, manage, and lease the property
for public or private use and may enter into contracts, borrow
money, and issue bonds and other obligations for such purposes. This authorization shall not expand the eminent
domain powers of counties. [1984 c 203 § 4.]
36.32.435
Additional notes found at www.leg.wa.gov
36.32.440 Staff to aid in purchasing, poverty programs, parks, emergency services, budget, etc., authorized. The board of county commissioners of the several
counties may employ such staff as deemed appropriate to
serve the several boards directly in matters including but not
limited to purchasing, poverty and relief programs, parks and
recreation, emergency services, budgetary preparations set
forth in RCW 36.40.010-36.40.050, code enforcement and
general administrative coordination. Such authority shall in
no way infringe upon or relieve the county auditor of responsibilities contained in RCW *36.22.010(9) and 36.22.020.
[1974 ex.s. c 171 § 3; 1969 ex.s. c 252 § 3.]
36.32.440
*Reviser’s note: RCW 36.22.010 was amended by 1984 c 128 § 2,
changing subsection (9) to subsection (8); and was subsequently amended by
1995 c 194 § 1, changing subsection (8) to subsection (6).
25 years. . . . . . . . . . . . . . . . . . . . .
30 years. . . . . . . . . . . . . . . . . . . . .
36.32.480
12.50
20.00:
PROVIDED, That the board may give such department heads
and other officers overseeing and directing county employees
discretion to purchase a noncash award of equal value in lieu
of the cash award. If a noncash award is given the warrants
shall be made payable to the business enterprise from which
the noncash award is purchased.
However, safety awards made to persons whose safe and
accident-free performance has directly benefited the county
road system shall be made from the county road fund by warrant on vouchers duly authorized by the board. [1971 c 79 §
1.]
36.32.470 Fire protection, ambulance or other emergency services provided by municipal corporations within
county—Financial and other assistance authorized. The
legislative authority of any county shall have the power to
furnish, upon such terms as the board may deem proper, with
or without consideration, financial or other assistance to any
municipal corporation, or political subdivision within such
county for the purpose of implementing the fire protection,
ambulance, medical or other emergency services provided by
such municipal corporation, or political subdivision: PROVIDED, That no such municipal corporation or political subdivision shall be authorized to expend any funds or property
received as part of such assistance for any purpose, or in any
manner, for which it could not otherwise legally expend its
own funds. [1974 ex.s. c 51 § 1.]
36.32.470
Ambulance services may be provided by county: RCW 36.01.100.
36.32.475 Regulation of automatic number or location identification—Prohibited. No county may enact or
enforce an ordinance or regulation mandating automatic
number identification or automatic location identification for
a private telecommunications system or for a provider of private shared telecommunications services. [1995 c 243 § 8.]
36.32.475
36.32.450 Tourist promotion. Any county in this state
acting through its council or other legislative body shall have
power to expend moneys and conduct promotion of resources
and facilities in the county or general area by advertising,
publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion.
[1971 ex.s. c 61 § 1.]
36.32.450
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
36.32.480 Emergency medical service districts—Creation authorized—Composition of governing body. (1) A
county legislative authority may adopt an ordinance creating
an emergency medical service district in all or a portion of the
unincorporated area of the county and, pursuant to subsection
(2) of this section, within the corporate limits of any city or
town. The ordinance may only be adopted after a public hearing has been held on the creation of such a district and the
county legislative authority makes a finding that it is in the
public interest to create the district.
An emergency medical service district shall be a quasimunicipal corporation and an independent taxing "authority"
within the meaning of Article 7, Section 1, Washington State
Constitution. Emergency medical service districts shall also
be "taxing authorities" within the meaning of Article 7, Section 2, Washington State Constitution.
An emergency medical service district shall have the
authority to provide emergency medical services.
(2) When any part of a proposed emergency medical service district includes an area within the corporate limits of a
36.32.480
36.32.460 Employee safety award programs. The
board of county commissioners may establish an employee
safety award program to reward and encourage the safe performance of assigned duties by county employees.
The board may establish standards and regulations necessary or appropriate for the proper administration and for
otherwise accomplishing the purposes of such program.
The board may authorize every department head and
other officer of county government who oversees or directs
county employees to make the determination as to whether an
employee safety award will be made.
Such awards shall be made annually from the county
general fund by warrant on vouchers duly authorized by the
board according to the following schedule based upon safe
and accident-free performance:
36.32.460
5
10
15
20
years. . . . . . . . . . . . . . . . . . . . .
years. . . . . . . . . . . . . . . . . . . . .
years. . . . . . . . . . . . . . . . . . . . .
years. . . . . . . . . . . . . . . . . . . . .
(2010 Ed.)
$
2.50
5.00
7.50
10.00
[Title 36 RCW—page 81]
36.32.490
Title 36 RCW: Counties
city or town, the governing body of the city or town shall
approve the inclusion, and the county governing body shall
maintain a certified copy of the resolution of approval before
adopting an ordinance including the area.
(3) The members of the county legislative authority shall
compose the governing body of any emergency medical service district which is created within the county: PROVIDED,
That where an emergency medical service district includes an
area within the corporate limits of a city or town, the emergency medical service district may be governed as provided
in an interlocal agreement adopted pursuant to chapter 39.34
RCW. The voters of an emergency medical service district
must be registered voters residing within the service area.
[2000 c 31 § 1; 1979 ex.s. c 200 § 2.]
Levy for emergency medical care and services: RCW 84.52.069.
Additional notes found at www.leg.wa.gov
36.32.490 County freeholders—Method of filling
vacancies. Vacancies in the position of county freeholder
shall be filled with a person qualified for the position who is
appointed by majority action of the remaining county freeholders. [1984 c 163 § 1.]
36.32.490
36.32.510 Right-of-way donations—Credit against
required improvements. Where the zoning and planning
provisions of a county require landscaping, parking, or other
improvements as a condition to granting permits for commercial or industrial developments, the county may credit donations of right-of-way in excess of that required for traffic
improvement against such landscaping, parking, or other
requirements. [1987 c 267 § 10.]
36.32.510
Right-of-way donations: Chapter 47.14 RCW.
Additional notes found at www.leg.wa.gov
36.32.520 Child care facilities—Review of need and
demand—Adoption of ordinances. If a county operating
under home rule charter zones pursuant to its inherent charter
authority and not pursuant to chapter 35.63 RCW, nor chapter 36.70 RCW, and that county does not provide for the siting of family day care homes in zones or areas that are designated for single family or other residential uses, and for the
siting of mini-day care centers and day care centers in zones
or areas that are designated for any residential or commercial
uses, the county shall conduct a review of the need and
demand for child care facilities, including the cost of any
conditional or special use permit that may be required. The
review shall be completed by August 30, 1990. A copy of the
findings, conclusions, and recommendations resulting from
the review shall be sent to the *department of community
development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 8.]
36.32.520
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
[Title 36 RCW—page 82]
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 36.32.520: See RCW 35.63.170.
36.32.525 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special
use permit application under a home-rule charter that is
requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before
an appeal may be filed. [1998 c 119 § 5.]
36.32.525
36.32.540 Settlement of Indian claims. (1) The settlement of Indian land and other claims against public and private property owners is declared to be in the interest of public
health and safety, orderly government, environmental protection, economic development, and the social well-being of the
citizens of this state, and to specifically benefit the properties
released from those claims.
It is the purpose of *this act to encourage the settlement
of such Indian land and other claims lawsuits by permitting
the establishment and use of local improvement districts to
finance all or a portion of the settlement costs of such lawsuits.
(2) A local improvement district may be established by a
county legislative authority to finance all or part of the settlement costs in an Indian land and other claims settlement
related to public and private property located within the
incorporated or unincorporated areas of the county. The settlement of an Indian land and other claims lawsuit shall be
deemed to be an improvement that may be financed in whole
or in part through use of a local improvement district.
(3) Except as expressly provided in this section, all matters relating to the establishment and operation of such a local
improvement district, the levying and collection of special
assessments, the issuance of local improvement district
bonds and other obligations, and all related matters, shall be
subject to the provisions of chapter 36.94 RCW concerning
the use of local improvement districts to finance sewer or
water facilities. The requirements of chapter 36.94 RCW
concerning the preparation of a general plan and formation of
a review committee shall not apply to a local improvement
district used to finance all or a portion of Indian land and
other claims settlements. The resolution or petition that initiates the creation of a local improvement district used to
finance all or a portion of an Indian land and other claims settlement shall describe the general nature of the Indian land
and other claims and the proposed settlement. The value of a
contribution by any person, municipal corporation, political
subdivision, or the state of money, real property, or personal
property to the settlement of Indian land and other claims
shall be credited to any assessment for a local improvement
district under this section. [1989 1st ex.s. c 4 § 3.]
36.32.540
*Reviser’s note: "This act" consists of the enactment of this section,
RCW 35.43.280, and an uncodified section.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
County Funds
36.32.550
36.32.550 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by a
county pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and
with the management plan regulations and ordinances
adopted by the Columbia River Gorge commission pursuant
to the Compact. [1987 c 499 § 8.]
36.32.560
36.32.560 Home rule charter counties—Residential
care facilities—Review of need and demand—Adoption
of ordinances. If a county operating under home rule charter
zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, nor chapter 36.70 RCW, and that
county does not provide for the siting of residential care facilities in zones or areas that are designated for single family or
other residential uses, the county shall conduct a review of
the need and demand for the facilities, including the cost of
any conditional or special use permit that may be required.
The review shall be completed by August 30, 1990. A copy
of the findings, conclusions, and recommendations resulting
from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 40.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
Chapter 36.33
36.32.580 Home rule charter counties subject to limitations on moratoria, interim zoning controls. A charter
county that plans under the authority of its charter is subject
to the provisions of RCW 36.70.795. [1992 c 207 § 5.]
36.32.580
36.32.590 Building construction projects—County
prohibited from requiring state agencies or local governments to provide bond or other security as a condition for
issuance of permit. A county legislative authority may not
require any state agency or unit of local government to secure
the performance of a permit requirement with a surety bond
or other financial security device, including cash or assigned
account, as a condition of issuing a permit to that unit of local
government for a building construction project.
As used in this section, "building construction project"
includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access alteration, or other amenities or alterations necessarily associated
with the project. [1993 c 439 § 3.]
36.32.590
36.32.600 Amateur radio antennas—Local regulation to conform with federal law. No county shall enact or
enforce an ordinance or regulation that fails to conform to the
limited preemption entitled "Amateur Radio Preemption, 101
FCC 2nd 952 (1985)" issued by the federal communications
commission. An ordinance or regulation adopted by a county
with respect to amateur radio antennas shall conform to the
limited federal preemption, that states local regulations that
involve placement, screening, or height of antennas based on
health, safety, or aesthetic considerations must be crafted to
reasonably accommodate amateur communications, and to
represent the minimal practicable regulation to accomplish
the local authority’s legitimate purpose. [1994 c 50 § 3.]
36.32.600
Additional notes found at www.leg.wa.gov
36.32.610 Library capital facility areas authorized.
A county legislative authority may establish a library capital
facility area pursuant to chapter 27.15 RCW. [1995 c 368 §
8.]
36.32.610
Findings—1995 c 368: See RCW 27.15.005.
36.32.570
36.32.570 Conservation area acquisition and maintenance. The legislative authority of each county may acquire
a fee simple interest, or lesser interest, in conservation areas
in the county and may maintain the conservation areas. The
conservation areas may be acquired and maintained with
moneys obtained from the excise tax under RCW 82.46.070,
or any other moneys available for such purposes.
As used in this section, the term "conservation area"
means land and water that has environmental, agricultural,
aesthetic, cultural, scientific, historic, scenic, or low-intensity
recreational value for existing and future generations, and
includes, but is not limited to, open spaces, wetlands,
marshes, aquifer recharge areas, shoreline areas, natural
areas, and other lands and waters that are important to preserve flora and fauna. [1990 1st ex.s. c 5 § 2.]
36.32.620 Abandoned or derelict vessels. A county
has the authority, subject to the processes and limitation outlined in chapter 79.100 RCW, to store, strip, use, auction,
sell, salvage, scrap, or dispose of an abandoned or derelict
vessel found on or above publicly or privately owned aquatic
lands within the jurisdiction of the county. [2002 c 286 § 17.]
Purpose—1990 1st ex.s. c 5: "The purpose of this act is to provide a
mechanism for the acquisition and maintenance of conservation areas
through an orderly process that is approved by the voters of a county. The
authorities provided in this act are supplemental, and shall not be construed
to limit otherwise existing authorities." [1990 1st ex.s. c 5 § 1.]
36.33.030
(2010 Ed.)
36.32.620
Severability—Effective date—2002 c 286: See RCW 79.100.900 and
79.100.901.
Chapter 36.33
Chapter 36.33 RCW
COUNTY FUNDS
Sections
36.33.010
36.33.020
36.33.040
36.33.060
36.33.065
Current expense fund.
Cumulative reserve fund—Purposes—Election to allow other
specified use.
Cumulative reserve fund—Accumulation of, current expense
fund limits not to affect.
Cumulative reserve fund—Permissible uses of funds in.
Salary fund—Reimbursement.
Claims fund—Reimbursement.
[Title 36 RCW—page 83]
36.33.010
36.33.070
36.33.080
36.33.090
36.33.100
36.33.120
36.33.130
36.33.140
36.33.150
36.33.160
36.33.170
36.33.190
36.33.200
36.33.210
36.33.220
Title 36 RCW: Counties
Investment in warrants on tax refund fund.
Investment in warrants on tax refund fund—Procedure upon
purchase—Interest on.
Investment in warrants on tax refund fund—Breaking of warrants authorized.
Investment in warrants on tax refund fund—Purchased warrants as cash.
County lands assessment fund created—Levy for.
County lands assessment fund created—Purpose of fund.
County lands assessment fund created—Amount of levy.
County lands assessment fund created—Surplus from tax sales
to go into fund.
County lands assessment fund created—List of lands to be furnished.
County lands assessment fund created—Rentals may be
applied against assessments.
County lands assessment fund created—Disposal of bonds.
Election reserve fund.
Election reserve fund—Accumulation of fund—Transfers.
County road property tax revenues, expenditure for services
authorized.
Abandoned mining shafts and excavation violations, fines for as: RCW
78.12.050.
Assessments and taxes, prepayment and deposit of: RCW 36.32.120.
Authorized for
air pollution control: Chapter 70.94 RCW.
airport purposes: Chapters 14.07, 14.08 RCW.
validation of funds spent: RCW 14.08.070.
combined city-county health department: RCW 70.08.080.
prior expenditures validated: RCW 70.08.110.
flood control zone districts: RCW 86.15.150, 86.15.160, 86.15.180.
housing cooperation law: Chapter 35.83 RCW.
legal aid: Chapter 2.50 RCW.
mosquito control: Chapter 70.22 RCW.
public utility district election costs: RCW 54.08.041.
railroad crossing signals, warning devices: RCW 81.53.271 through
81.53.281.
river and harbor improvement district joint board expenses: RCW
88.32.220.
toll bridges, tunnels, and ferries: Chapter 47.56 RCW.
traffic schools: RCW 46.83.030.
transcripts of testimony forma pauperis: RCW 2.32.240.
Billiard tables, licensing of, receipts as: RCW 67.14.120.
Bonds, notes of port district toll facility as investment for: RCW 53.34.150.
Bonds for capitol building purposes, as investment for: RCW 79.24.150 and
chapter 43.83 RCW.
Bonds of federal agencies as investment for: Chapter 39.60 RCW.
Bonds of housing authority as investment for: RCW 35.82.220.
Bonds to build schools as investment for: Chapter 28A.525 RCW.
Bowling alleys, licensing of, receipts as: RCW 67.14.120.
County law library fund: RCW 27.24.070, 27.24.090.
County road fund
illegal use of, department of transportation to investigate; penalties: RCW
47.08.100, 47.08.110.
moneys from may be paid on establishing, constructing, etc., of streets:
RCW 35.77.030.
surplus, unclaimed money in public waterway district funds to go into:
RCW 91.08.610, 91.08.620.
traffic control devices to be paid from: RCW 47.36.040.
County school funds: Chapter 28A.545 RCW.
apportionment of: Chapter 28A.150 RCW.
penalties collected paid into: RCW 6.17.120.
violations and penalties applicable to: RCW 28A.635.050, 28A.635.070.
County tax refund fund: RCW 84.68.030.
Disposition of off-road vehicle moneys: RCW 46.09.110.
Distribution of snowmobile registration fees: RCW 46.10.080.
Employee safety award program, funds affected: RCW 36.32.460.
Fiscal agent for counties: Chapter 43.80 RCW.
Flood control maintenance fund: RCW 86.26.070.
Forest reserve funds, distribution of: RCW 28A.520.010 and 28A.520.020.
Game and game fish law, fines from violations as: RCW 77.12.170.
[Title 36 RCW—page 84]
Horticultural tax receipts as: Chapter 15.08 RCW.
Indigent soldiers’ relief funds, veterans meeting place rent paid from: RCW
73.04.080.
Intercounty river improvement fund: RCW 86.13.030.
Liquor
excise tax fund moneys as: RCW 82.08.170.
law violation receipts as: RCW 66.44.010.
licensing sale of, receipts as: RCW 67.14.120.
revolving fund moneys as: Chapter 66.08 RCW.
Metropolitan municipal corporation fund: RCW 35.58.430.
Mineral and petroleum leases, moneys as: RCW 78.16.050.
Moneys paid into from
general tax levy for road fund: RCW 36.82.040.
television reception improvement districts: Chapter 36.95 RCW.
Motor vehicle fuel tax moneys as: RCW 82.36.020, 82.36.100, 82.36.420.
Motor vehicle funds allocated to counties
distribution of: RCW 46.68.120.
generally: Chapter 46.68 RCW.
Motor vehicle licensing fees for oversize or overweight movements paid to
county, when: RCW 46.44.096.
Public assistance moneys, allocation to counties: Chapter 74.04 RCW.
Public health funds (county): Chapter 70.12 RCW.
Public health pooling fund: RCW 70.12.030 through 70.12.070.
Public utility district privilege taxes as: Chapter 54.28 RCW.
Reforestation lands proceeds as: RCW 79.22.040, 79.22.050.
Registration of land titles, disposition of fees: RCW 65.12.800.
Reserve fund for labor, material or tax liens on public works: Chapter 60.28
RCW.
River improvement fund
flood control maintenance account: RCW 86.12.010, 86.12.020.
generally: Chapter 86.12 RCW.
Sale of stock found in stock restricted area, proceeds as: RCW 16.24.070.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
Teachers’ institute fund: RCW 28A.410.060.
Tuberculosis funds, moneys to go into: RCW 70.30.045.
Witness fees of county officers as: RCW 42.16.030.
36.33.010 Current expense fund. Every county shall
maintain a current expense fund to which shall be credited all
taxes levied for that purpose and all fees collected, fines
assessed, and forfeitures adjudged in the county the proceeds
of which have not been specifically allocated to any other
purpose. [1963 c 4 § 36.33.010. Prior: 1945 c 85 § 1; Rem.
Supp. 1945 § 5634-1.]
36.33.010
Moneys paid from for
disinfection of horticultural premises: Chapter 15.08 RCW.
public health pooling fund: RCW 70.12.040.
weed district taxes on county lands: RCW 17.04.180.
Moneys paid into from
disinfection of horticultural premises tax: RCW 15.08.170.
horticultural tax funds: RCW 15.08.260.
motor vehicle fuel tax violation fines: RCW 82.36.420.
registration of land titles fees: RCW 65.12.800.
unclaimed property in hands of sheriff, sale of: RCW 63.40.030.
use tax on vehicles, auditor’s collection fees: RCW 82.12.045.
vehicle licensing handling fees: RCW 46.01.140.
vehicle use tax collection fees: RCW 82.12.045.
violations bureau funds: RCW 3.30.090.
36.33.020 Cumulative reserve fund—Purposes—
Election to allow other specified use. Any board of county
commissioners may establish by resolution a cumulative
reserve fund in general terms for several different county purposes as well as for a very specific county purpose, including
36.33.020
(2010 Ed.)
County Funds
that of buying any specified supplies, material or equipment,
or the construction, alteration or repair of any public building
or work, or the making of any public improvement. The resolution shall designate the fund as "cumulative reserve fund
for . . . . . . (naming the purpose or purposes for which the
fund is to be accumulated and expended)." The moneys in
said fund may be allowed to accumulate from year to year
until the board of county commissioners of the county shall
determine to expend the moneys in the fund for the purpose
or purposes specified: PROVIDED, That any moneys in said
fund shall never be expended for any other purpose or purposes than those specified, without an approving vote by a
majority of the electors of the county at a general or special
election to allow other specified uses to be made of said fund.
[1963 c 4 § 36.33.020. Prior: 1961 c 172 § 1; 1945 c 51 § 1;
Rem. Supp. 1945 § 5634-10.]
36.33.080
36.33.060 Salary fund—Reimbursement. The county
legislative authority of each county with a population of one
hundred twenty-five thousand or more shall establish a salary
fund to be used for paying the salaries and wages of all officials and employees. The county legislative authority of any
other county may establish such a salary fund. Said salary
fund shall be reimbursed from any county funds or other
funds under the jurisdiction or control of the county treasurer
or county auditor budgeted for salaries and wages. The
deposits shall be made in the exact amount of the payroll or
vouchers paid from the salary fund. [1991 c 363 § 64; 1973
1st ex.s. c 38 § 1; 1971 ex.s. c 214 § 1; 1963 c 4 § 36.33.060.
Prior: 1961 c 273 § 1; prior: (i) 1935 c 94 § 1; 1933 ex.s. c
14 § 1; RRS § 4201-1. (ii) 1933 ex.s. c 14 § 2; RRS § 4201-2.
(iii) 1933 ex.s. c 14 § 3; RRS § 4201-3.]
36.33.060
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.33.030
36.33.030 Cumulative reserve fund—Accumulation
of, current expense fund limits not to affect. An item for
said cumulative reserve fund may be included in the county’s
annual budget or estimate of amounts required to meet public
expense for the ensuing year and a tax levy made within the
limits and as authorized by law for said item; and said item
and levy may be repeated from year to year until, in the judgment of the board of county commissioners of the county the
amount required for the specified purpose or purposes has
been raised or accumulated. The board of county commissioners may accept gifts or bequests for the cumulative
reserve fund and may make transfers from the current
expense fund to the cumulative reserve fund. Any moneys in
said fund at the end of the fiscal year shall not lapse nor shall
the same be a surplus available or which may be used for any
other purpose or purposes than those specified, except as
herein provided, nor shall moneys in said fund be considered
when computing the limitations on cash balances set out in
section 4, chapter 164, Laws of 1923 as last amended by section 1, chapter 145, Laws of 1943 and RCW 36.40.090.
[1963 c 4 § 36.33.030. Prior: 1961 c 172 § 2; 1945 c 51 § 2;
Rem. Supp. 1945 § 5634-11.]
36.33.040
36.33.040 Cumulative reserve fund—Permissible
uses of funds in. No money in any cumulative reserve fund
shall be used for any purpose other than that for which the
fund was created except:
(1) If the purpose of the creation of a cumulative reserve
fund has been accomplished by the completion of the proposed building or improvement, the balance remaining in the
fund may be transferred to any other cumulative reserve fund
or to the county current expense fund by order of the board.
(2) If the purpose of the creation of a cumulative reserve
fund ceases to exist or is abandoned, the fund or any part
thereof, may be transferred to any other cumulative reserve
fund or to the county current expense fund by order of the
board after a public hearing thereon pursuant to a notice by
publication: PROVIDED, That if the amount to be transferred exceeds fifty thousand dollars, no transfer may be
made until authorized by a majority of the voters of the
county voting upon the question at an election. [1963 c 4 §
36.33.040. Prior: 1945 c 51 § 3; Rem. Supp. 1945 § 563412.]
(2010 Ed.)
36.33.065 Claims fund—Reimbursement. The
county legislative authority of any county may establish by
resolution a fund to be known as the claims fund, which shall
be used for paying claims against the county. Such claims
fund shall be reimbursed from any county funds or other
funds under the jurisdiction or control of the county treasurer
or county auditor budgeted for such expenditures. The deposits shall be made in the exact amount of the vouchers paid
from the claims fund. [1991 c 363 § 65; 1973 1st ex.s. c 38 §
2; 1971 ex.s. c 214 § 2.]
36.33.065
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.33.070 Investment in warrants on tax refund
fund. Whenever the county treasurer deems it expedient and
for the best interests of the county he or she may invest any
moneys in the county current expense fund in outstanding
warrants on the county tax refund fund in the following manner: When he or she has determined the amount of moneys in
the county current expense fund available for investment, he
or she shall call, in the order of their issuance, a sufficient
number of warrants drawn on the county tax refund fund as
nearly as possible equaling in amount but not exceeding the
moneys to be invested, and upon presentation and surrender
thereof he or she shall pay to the holders of such warrants the
face amount thereof and the accrued interest thereon out of
moneys in the county current expense fund. [2009 c 549 §
4069; 1963 c 4 § 36.33.070. Prior: 1943 c 61 § 1; Rem.
Supp. 1943 § 5545-10.]
36.33.070
36.33.080 Investment in warrants on tax refund
fund—Procedure upon purchase—Interest on. Upon
receipt of any such warrant on the tax refund fund the county
treasurer shall enter the principal amount thereof, and
accrued interest thereon, as a suspense credit upon his or her
records, and shall hold the warrant until it with interest, if
any, is paid in due course out of the county tax refund fund,
and upon such payment, the amount thereof shall be restored
to the county current expense fund. The refund warrants held
by the county treasurer shall continue to draw interest until
the payment thereof out of the county tax refund fund, which
interest accruing subsequent to acquisition of the warrants by
the county treasurer shall be paid into the county current
36.33.080
[Title 36 RCW—page 85]
36.33.090
Title 36 RCW: Counties
expense fund. [2009 c 549 § 4070; 1963 c 4 § 36.33.080.
Prior: 1943 c 61 § 2; Rem. Supp. 1943 § 5545-11.]
36.33.090 Investment in warrants on tax refund
fund—Breaking of warrants authorized. Whenever it
appears to the county treasurer that the face amount plus
accrued interest of the tax refund warrant next eligible for
investment exceeds by one hundred dollars the amount of
moneys in the county current expense fund available for
investment, the county treasurer may notify the warrant
holder who shall thereupon apply to the county auditor for the
breaking of the warrant and the county auditor upon such
application shall take up the original warrant and reissue, as
of the date which the original warrant bears, two new refund
warrants one of which shall be in an amount approximately
equaling, with accrued interest, the amount of moneys in the
county current expense fund determined by the county treasurer to be available for investment. The new warrants when
issued shall be callable and payable in the same order with
respect to other outstanding tax refund warrants as the original warrant in lieu of which the new warrants were issued.
[1963 c 4 § 36.33.090. Prior: 1943 c 61 § 3; Rem. Supp. 1943
§ 5545-12.]
36.33.090
36.33.100 Investment in warrants on tax refund
fund—Purchased warrants as cash. In making settlements
of accounts between outgoing and incoming county treasurers, any county tax refund warrant in which money in the
county current expense fund has been invested shall be
deemed in every way the equivalent of cash and shall be
receipted for by the incoming county treasurer as such. [1963
c 4 § 36.33.100. Prior: 1943 c 61 § 4; Rem. Supp. 1943 §
5545-13.]
36.33.100
36.33.120 County lands assessment fund created—
Levy for. The boards of county commissioners may annually levy a tax upon all taxable property in the county, for the
purpose of creating a fund to be known as "county lands
assessment fund." [1963 c 4 § 36.33.120. Prior: 1929 c 193
§ 1; RRS § 4027-1.]
36.33.120
36.33.130 County lands assessment fund created—
Purpose of fund. The county lands assessment fund may be
expended by the county commissioners to pay in full or in
part, any assessment or installment of assessments of drainage improvement districts, diking improvement districts, or
districts formed for the foregoing purposes, or assessments
for road improvements, falling due against lands in the year
when such lands are acquired by the county or while they are
owned by the county, including lands acquired by the county
for general purposes; also lands which have been acquired by
the county by foreclosure of general taxes. Payment may be
made of such assessments, or installments thereof, against
such lands or classes of lands, and in such districts or classes
of districts as the county commissioners deem advisable. No
payment shall be made of any assessments or installments of
assessments falling due prior to the year in which the lands
were acquired by the county, nor shall any assessments be
paid in advance of the time when they fall due. Assessments
for maintenance and operation of dikes, drains, or other
36.33.130
[Title 36 RCW—page 86]
improvements of districts falling due upon such lands while
owned by the county, may be paid without the payment of
assessments or installments thereof for construction of the
improvements, if the county commissioners elect so to do.
[1963 c 4 § 36.33.130. Prior: 1929 c 193 § 2; RRS § 4027-2.]
36.33.140 County lands assessment fund created—
Amount of levy. The amount of the levy in any year for the
county lands assessment fund shall not exceed the estimated
amount needed over and above all moneys on hand in the
fund, to pay the aggregate amount of such assessments falling
due against the lands in the ensuing year; and in no event
shall the levy exceed twelve and one-half cents per thousand
dollars of assessed value upon all taxable property in the
county. [1973 1st ex.s. c 195 § 31; 1963 c 4 § 36.33.140.
Prior: 1929 c 193 § 3; RRS § 4027-3.]
36.33.140
Additional notes found at www.leg.wa.gov
36.33.150 County lands assessment fund created—
Surplus from tax sales to go into fund. Into the county
lands assessment fund shall also be paid any surplus moneys
from the sale by the county, pursuant to foreclosure of real
estate taxes, of any lands lying in any district formed for diking or drainage purposes or for assessment of road improvements, over and above the amount necessary to redeem the
general taxes and other assessments against them, as required
by law. Any surplus from any county levy for the fund, unexpended in any year, shall be carried forward in the fund to the
next year. [1963 c 4 § 36.33.150. Prior: 1929 c 193 § 4; RRS
§ 4027-4.]
36.33.150
36.33.160 County lands assessment fund created—
List of lands to be furnished. Upon request the county treasurer shall furnish to the county legislative authority a list of
all lands owned by the county, together with the amounts levied as assessments and the district in or by which such assessments are levied, against each description of the lands, as it
appears on the assessment roll of the district. On or before the
first day of August of each year, upon request, the treasurer
shall furnish to the county legislative authority a similar list
of all land owned by the county and subject to any such
assessments, together with the amounts of any installment of
assessments falling due against any of such lands in the ensuing year and an estimate of any maintenance or other assessments to be made against same to fall due in the ensuing year.
[1991 c 245 § 9; 1963 c 4 § 36.33.160. Prior: 1929 c 193 § 5;
RRS § 4027-5.]
36.33.160
36.33.170 County lands assessment fund created—
Rentals may be applied against assessments. Moneys
received as rentals of irrigated lands may be applied to the
payment of current irrigation charges or assessments against
the land. [1963 c 4 § 36.33.170. Prior: 1929 c 193 § 6; RRS
§ 4027-6.]
36.33.170
36.33.190 County lands assessment fund created—
Disposal of bonds. The county treasurer shall cash any
United States bonds owned by the county as they mature or,
with the approval of the state finance committee and of the
county finance committee, he or she may at any time sell
36.33.190
(2010 Ed.)
Equipment Rental and Revolving Fund
them. In either event he or she must return the proceeds into
the treasury. [2009 c 549 § 4071; 1963 c 4 § 36.33.190.
Prior: 1937 c 209 § 2; RRS § 5646-12.]
36.33.200 Election reserve fund. The board of county
commissioners may establish an election reserve fund for the
payment of expenses of conducting regular and special state
and county elections and compensation of election and registration officers and annually budget and levy a tax therefor. It
may also make transfers into the election reserve fund from
the current expense fund and receive funds for such purposes
from cities, school districts and other subdivisions. [1963 c 4
§ 36.33.200. Prior: 1955 c 48 § 1.]
36.33A.060
of equipment, materials, supplies, and services required in the
administration and operation of the fund; and for the purchase or manufacture of materials and supplies needed by the
county road department. [1977 c 67 § 1.]
36.33.200
36.33.210 Election reserve fund—Accumulation of
fund—Transfers. The limits placed upon the amount to be
accumulated in the current expense fund shall not affect the
election reserve fund nor shall the existence of the election
reserve fund affect the amount which may be accumulated in
the current expense fund, nor shall any unexpended balance
in the election reserve fund at the end of any budget year
revert to the current expense fund but shall be carried forward
in the election reserve fund to be used for the purposes for
which the fund was created: PROVIDED, That at a regular
session, the county commissioners may transfer any surplus
in said fund to the current expense fund, if they deem it expedient to do so. [1963 c 4 § 36.33.210. Prior: 1955 c 48 § 2.]
36.33.210
36.33.220 County road property tax revenues, expenditure for services authorized. The legislative authority of
any county may budget, in accordance with the provisions of
chapter 36.40 RCW, and expend any portion of the county
road property tax revenues for any service to be provided in
the unincorporated area of the county notwithstanding any
other provision of law, including chapter 36.82 RCW and
RCW 84.52.050 and 84.52.043. County road property tax
revenues that are diverted under chapter 39.89 RCW may be
expended as provided under chapter 39.89 RCW. [2001 c
212 § 25; 1973 1st ex.s. c 195 § 142; 1973 1st ex.s. c 195 §
32; 1971 ex.s. c 25 § 1.]
36.33.220
Severability—2001 c 212: See RCW 39.89.902.
Additional notes found at www.leg.wa.gov
Chapter 36.33A RCW
EQUIPMENT RENTAL AND REVOLVING FUND
Chapter 36.33A
Sections
36.33A.010 Equipment rental and revolving fund—Establishment—Purposes.
36.33A.020 Use of fund by other offices, departments or agencies.
36.33A.030 Administration of fund.
36.33A.040 Rates for equipment rental.
36.33A.050 Deposits in fund.
36.33A.060 Accumulated moneys.
36.33A.020
36.33A.020 Use of fund by other offices, departments
or agencies. The legislative body of any county may authorize, by resolution, the use of the fund by any other office or
department of the county government or any other governmental agency for similar purposes. [1977 c 67 § 2.]
36.33A.030
36.33A.030 Administration of fund. With the
approval of the county legislative body, the county engineer,
or other appointee of the county legislative body, shall
administer the fund and shall be responsible for establishing
the terms and charges for the sale of any material or supplies
which have been purchased, maintained, or manufactured
with moneys from the fund. The terms and charges shall be
set to cover all costs of purchasing, storing, and distributing
the material or supplies, and may be amended as considered
necessary. [1977 c 67 § 3.]
36.33A.040
36.33A.040 Rates for equipment rental. Rates for the
rental of equipment owned by the fund shall be set to cover
all costs of maintenance and repair, material and supplies
consumed in operating or maintaining the equipment, and the
future replacement thereof. The rates shall be determined by
the county engineer or other appointee of the county legislative body and shall be subject to annual review by the legislative body. This section does not restrict the ability of the
county road administration board to directly inquire into the
process of setting rental rates while performing its statutory
oversight responsibility. [2007 c 195 § 1; 1977 c 67 § 4.]
36.33A.050
36.33A.050 Deposits in fund. The legislative authority
of the county may, from time to time, place moneys in the
fund from any source lawfully available to it and may transfer
equipment, materials, and supplies of any office or department to the equipment rental and revolving fund with or without charge consistent with RCW 43.09.210. Charges for the
rental of equipment and for providing materials, supplies, and
services to any county office or department shall be paid
monthly into the fund. Proceeds received from other governmental agencies for similar charges and from the sale of
equipment or other personal property owned by the equipment rental and revolving fund, which is no longer of any
value to or needed by the county, shall be placed in the fund
as received. [1977 c 67 § 5.]
36.33A.060
36.33A.010 Equipment rental and revolving fund—
Establishment—Purposes. Every county shall establish, by
resolution, an "equipment rental and revolving fund", hereinafter referred to as "the fund", in the county treasury to be
used as a revolving fund for the purchase, maintenance, and
repair of county road department equipment; for the purchase
36.33A.010
(2010 Ed.)
36.33A.060 Accumulated moneys. Moneys accumulated in the equipment rental and revolving fund shall be
retained therein from year to year; shall be used only for the
purposes stated in this chapter; and shall be subject to the
budgetary regulations in chapter 36.40 RCW. [1977 c 67 §
6.]
[Title 36 RCW—page 87]
Chapter 36.34
Chapter 36.34
Title 36 RCW: Counties
Chapter 36.34 RCW
COUNTY PROPERTY
Sections
36.34.005
36.34.010
36.34.020
36.34.030
36.34.040
36.34.050
36.34.060
36.34.070
36.34.080
36.34.090
36.34.100
36.34.110
36.34.120
36.34.130
36.34.135
36.34.137
36.34.140
36.34.145
36.34.150
36.34.160
36.34.170
36.34.180
36.34.190
36.34.192
36.34.200
36.34.205
36.34.210
36.34.220
36.34.230
36.34.240
36.34.250
36.34.260
36.34.270
36.34.280
36.34.290
36.34.300
36.34.310
36.34.320
36.34.330
36.34.340
36.34.355
Establishment of comprehensive procedures for management
of county property authorized—Exemption from chapter.
Authority to sell—May sell timber, minerals separately—Mineral reservation.
Publication of notice of intention to sell.
Requirements of notice—Posting.
Public hearing.
Findings and determination—Minimum price.
Sales of personalty.
Sales and purchases of equipment—Trade-ins.
Sales to be at public auction.
Notice of sale.
Notice of sale—Requirements of.
Disposition of proceeds.
Used equipment sales.
Intergovernmental sales.
Leases of county property—Affordable housing.
Affordable housing—Inventory of suitable property.
Leases of county property—Airports.
Leases of county property to nonprofit organizations for agricultural fairs.
Application to lease—Deposit.
Notice of intention to lease.
Objections to leasing.
Lease terms.
Lease to highest responsible bidder.
Application of RCW 36.34.150 through 36.34.190 to certain
service provider agreements under chapter 70.150 RCW.
Execution of lease agreement.
Lease of building space—Counties with a population of six
hundred thousand or more.
Forest lands may be conveyed to United States.
Lease or conveyance to United States for flood control, navigation, and allied purposes.
Lease or conveyance to United States for flood control, navigation, and allied purposes—State consents to conveyance.
Lease or conveyance to United States for flood control, navigation, and allied purposes—Cession of jurisdiction.
Lease or conveyance to the state or to United States for military, housing, and other purposes.
Lease or conveyance to the state or to United States for military, housing, and other purposes—Procedure.
Lease or conveyance to the state or to United States for military, housing, and other purposes—Execution of instrument
of transfer.
Conveyance to municipality.
Dedication of county land for streets and alleys.
Dedication of county land for streets and alleys—Execution of
dedication—Effective date.
Long term leases to United States.
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Exchange for privately owned real property of equal value.
May acquire property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes.
Chapter not applicable to certain transfers of property.
Acquisition and operation of public cemeteries and funeral facilities: Chapter 68.52 RCW.
Eminent domain by state of county property: Chapter 8.04 RCW.
Federal areas on
generally: Chapters 37.08, 37.16 RCW.
Indians and Indian lands, jurisdiction: Chapter 37.12 RCW.
King county
Auburn general depot: RCW 37.08.260.
Lake Washington ship canal: RCW 37.08.240, 37.08.250.
military installations (permanent United States), county aid in acquisition
of land for: Chapter 37.16 RCW.
Flood control by counties jointly, lease or sale of property: RCW 86.13.100.
Industrial development districts, transfer of county lands to: Chapter 53.25
RCW.
Local improvement assessments against county lands: RCW 35.44.140,
35.49.070.
Mineral and petroleum leases on county lands: Chapter 78.16 RCW.
[Title 36 RCW—page 88]
Property subject to diking, drainage or sewerage improvement assessments,
resale or lease by county: RCW 85.08.500.
Rights-of-way over by diking districts: RCW 85.05.080.
Tax liens, property, county acquisitions as subject to: RCW 84.60.050.
Television reception improvement district dissolution, disposition of property: RCW 36.95.200.
Underground storage of natural gas, lease of county lands for: RCW
80.40.070.
36.34.005 Establishment of comprehensive procedures for management of county property authorized—
Exemption from chapter. Pursuant to public notice and
hearing, any county may establish comprehensive procedures
for the management of county property consistent with the
public interest and counties establishing such procedures
shall be exempt from the provisions of chapter 36.34 RCW:
PROVIDED, That all counties shall retain all powers now or
hereafter granted by chapter 36.34 RCW. [1973 1st ex.s. c
196 § 1.]
36.34.005
36.34.010 Authority to sell—May sell timber, minerals separately—Mineral reservation. Whenever it appears
to the board of county commissioners that it is for the best
interests of the county and the taxing districts and the people
thereof that any part or parcel, or portion of such part or parcel, of property, whether real, personal, or mixed, belonging
to the county, including tax title land, should be sold, the
board shall sell and convey such property, under the limitations and restrictions and in the manner hereinafter provided.
In making such sales the board of county commissioners
may sell any timber, mineral, or other resources on any land
owned by the county separate and apart from the land in the
same manner and upon the same terms and conditions as provided in this chapter for the sale of real property.
The board of county commissioners may reserve mineral
rights in such land and, if such reservation is made, any conveyance of the land shall contain the following reservation:
"The party of the first part hereby expressly saves,
excepts, and reserves out of the grant hereby made, unto
itself, its successors, and assigns, forever, all oils, gases,
coals, ores, minerals, gravel, timber, and fossils of every
name, kind, or description, and which may be in or upon said
lands above described; or any part thereof, and the right to
explore the same for such oils, gases, coals, ores, minerals,
gravel, timber and fossils; and it also hereby expressly saves
and reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, the right to enter by itself, its
agents, attorneys, and servants upon said lands, or any part or
parts thereof, at any and all times, for the purpose of opening,
developing, and working mines thereon, and taking out and
removing therefrom all such oils, gases, coal, ores, minerals,
gravel, timber, and fossils, and to that end it further expressly
reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, the right by it or its agents, servants, and attorneys at any and all times to erect, construct,
maintain, and use all such buildings, machinery, roads and
railroads, sink such shafts, remove such oil, and to remain on
said lands or any part thereof, for the business of mining and
to occupy as much of said lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving to itself, its successors, and
36.34.010
(2010 Ed.)
County Property
assigns, as aforesaid, generally, all rights and powers in, to,
and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the rights
hereby expressly reserved."
No rights shall be exercised under the foregoing reservation until provision has been made to pay to the owner of the
land upon which the rights reserved are sought to be exercised, full payment for all damages sustained by reason of
entering upon the land: PROVIDED, That if the owner for
any cause refuses or neglects to settle the damages, the
county, its successors, or assigns, or any applicant for a lease
or contract from the county for the purpose of prospecting for
or mining valuable minerals, or operation contract, or lease,
for mining coal, or lease for extracting petroleum or natural
gas, shall have the right to institute such legal proceedings in
the superior court of the county wherein the land is situated,
as may be necessary to determine the damages which the
owner of the land may suffer. Any of the reserved minerals or
other resources not exceeding two hundred dollars in value
may be sold, when the board deems it advisable, either with
or without publication of notice of sale, and in such manner
as the board may determine will be most beneficial to the
county. [1963 c 4 § 36.34.010. Prior: 1945 c 172 § 3; 1943 c
19 § 1; 1891 c 76 § 1; Rem. Supp. 1945 § 4007.]
36.34.020 Publication of notice of intention to sell.
Whenever the county legislative authority desires to dispose
of any county property except:
(1) When selling to a governmental agency;
(2) When personal property to be disposed of is to be
traded in upon the purchase of a like article;
(3) When the value of the property to be sold is less than
two thousand five hundred dollars;
(4) When the county legislative authority by a resolution
setting forth the facts has declared an emergency to exist;
it shall publish notice of its intention so to do once each week
during two successive weeks in a legal newspaper of general
circulation in the county. [1991 c 363 § 66; 1985 c 469 § 45;
1967 ex.s. c 144 § 1; 1963 c 4 § 36.34.020. Prior: 1945 c 254
§ 1; Rem. Supp. 1945 § 4014-1; prior: 1891 c 76 § 2, part;
RRS § 4008, part.]
36.34.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.34.030 Requirements of notice—Posting. The
notice of hearing on the proposal to dispose of any county
property must particularly describe the property or portion
thereof proposed to be sold and designate the place where and
the day and hour when a hearing will be held thereon and be
posted in a conspicuous place in the courthouse. Both posting
and the date of first publication must be at least ten days
before the day set for the hearing. [1963 c 4 § 36.34.030.
Prior: 1945 c 254 § 2; Rem. Supp. 1945 § 4014-2; prior:
1891 c 76 § 2, part; RRS § 4008, part.]
36.34.030
36.34.040 Public hearing. The board shall hold a public hearing upon a proposal to dispose of county property at
the day and hour fixed in the notice at its usual place of busi36.34.040
(2010 Ed.)
36.34.070
ness and admit evidence offered for and against the propriety
and advisability of the proposed action. Any taxpayer in person or by counsel may submit evidence and submit an argument, but the board may limit the number to three on a side.
[1963 c 4 § 36.34.040. Prior: 1945 c 254 § 3; Rem. Supp.
1945 § 4014-3; prior: 1891 c 76 § 2, part; RRS § 4008, part.]
36.34.050 Findings and determination—Minimum
price. Within three days after the hearing upon a proposal to
dispose of county property, the county legislative authority
shall make its findings and determination thereon and cause
them to be spread upon its minutes and made a matter of
record. The county legislative authority may set a minimum
sale price on property that is proposed for sale. [1991 c 363
§ 67; 1963 c 4 § 36.34.050. Prior: 1945 c 254 § 4; Rem.
Supp. 1945 § 4014-4; prior: 1891 c 76 § 3; RRS § 4009.]
36.34.050
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.34.060 Sales of personalty. Sales of personal property must be for cash except:
(1) When property is transferred to a governmental
agency;
(2) When the county property is to be traded in on the
purchase of a like article, in which case the proposed cash
allowance for the trade-in must be part of the proposition to
be submitted by the seller in the transaction. [1963 c 4 §
36.34.060. Prior: 1945 c 254 § 5; Rem. Supp. 1945 § 40145; prior: 1915 c 8 § 1, part; 1891 c 76 § 5, part; RRS § 4011,
part.]
36.34.060
36.34.070 Sales and purchases of equipment—
Trade-ins. The board may advertise and sell used highway
or other equipment belonging to the county or to any taxing
division thereof subject to its jurisdiction in the manner prescribed for the sale of county property, or it may trade it in on
the purchase of new equipment. If the board elects to trade in
the used equipment it shall include in its call for bids on the
new equipment a notice that the county has for sale or tradein used equipment of a specified type and description which
will be sold or traded in on the same day and hour that the
bids on the new equipment are opened. Any bidder on the
new equipment may include in his or her offer to sell, an offer
to accept the used equipment as a part payment of the new
equipment purchase price, setting forth the amount of such
allowance.
In determining the lowest and best bid on the new equipment the board shall consider the net cost to the county of
such new equipment after trade-in allowances have been
deducted. The board may accept the new equipment bid of
any bidder without trading in the used equipment but may not
require any such bidder to purchase the used equipment without awarding the bidder the new equipment contract. Nothing in this section shall bar anyone from making an offer for
the purchase of the used equipment independent of a bid on
the new equipment and the board shall consider such offers in
relation to the trade-in allowances offered to determine the
net best sale and purchase combination for the county. [2009
c 549 § 4072; 1963 c 4 § 36.34.070. Prior: 1945 c 254 § 6;
Rem. Supp. 1945 § 4014-6.]
36.34.070
[Title 36 RCW—page 89]
36.34.080
Title 36 RCW: Counties
36.34.080 Sales to be at public auction. All sales of
county property ordered after a public hearing upon the proposal to dispose thereof must be supervised by the county
treasurer and may be sold at a county or other government
agency’s public auction, at a privately operated consignment
auction that is open to the public, or by sealed bid to the highest and best bidder meeting or exceeding the minimum sale
price as directed by the county legislative authority. [1993 c
8 § 1. Prior: 1991 c 363 § 68; 1991 c 245 § 10; 1965 ex.s. c
23 § 1; 1963 c 4 § 36.34.080; prior: 1945 c 254 § 7; Rem.
Supp. 1945 § 4014-7; prior: 1891 c 76 § 4, part; RRS § 4010,
part.]
36.34.080
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Public auction sales, where held: RCW 36.16.140.
36.34.090 Notice of sale. Whenever county property is
to be sold at public auction, consignment auction, or sealed
bid, the county treasurer or the county treasurer’s designee
shall publish notice thereof once during each of two successive calendar weeks in a newspaper of general circulation in
the county. Notice thereof must also be posted in a conspicuous place in the courthouse. The posting and date of first publication must be at least ten days before the day fixed for the
sale. [1997 c 393 § 5; 1991 c 363 § 69; 1985 c 469 § 46; 1963
c 4 § 36.34.090. Prior: 1945 c 254 § 8; Rem. Supp. 1945 §
4014-8; prior: 1891 c 76 § 4, part; RRS § 4010, part.]
36.34.090
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.34.100 Notice of sale—Requirements of. The
notice of sale of county property by auction sale must particularly describe the property to be sold and designate the day
and hour and the location of the auction sale. The notice of
sale of county property by sealed bid must describe the property to be sold, designate the date and time after which the
bids are not received, the location to turn in the sealed bid,
and the date, time, and location of the public meeting of the
county legislative authority when the bids are opened and
read in public. [1991 c 363 § 70; 1963 c 4 § 36.34.100. Prior:
1945 c 254 § 9; Rem. Supp. 1945 § 4014-9; prior: 1891 c 76
§ 4, part; RRS § 4010, part.]
36.34.130
36.34.130 Intergovernmental sales. The board of
county commissioners may dispose of county property to
another governmental agency and may acquire property for
the county from another governmental agency by means of
private negotiation upon such terms as may be agreed upon
and for such consideration as may be deemed by the board of
county commissioners to be adequate. [1963 c 4 § 36.34.130.
Prior: 1945 c 254 § 12; Rem. Supp. 1945 § 4014-12.]
36.34.135
36.34.135 Leases of county property—Affordable
housing. If a county owns property that is located anywhere
within the county, including within the limits of a city or
town, and that is suitable for affordable housing, the legislative authority of the county may, by negotiation, lease the
property for affordable housing for a term not to exceed seventy-five years to any public housing authority or nonprofit
organization that has demonstrated its ability to construct or
operate housing for very low-income, low-income, or moderate-income households as defined in RCW 43.63A.510 and
special needs populations. Leases for housing for very lowincome, low-income, or moderate-income households and
special needs populations shall not be subject to any requirement of periodic rental adjustments, as provided in RCW
36.34.180, but shall provide for such fixed annual rents as
appear reasonable considering the public, social, and health
benefits to be derived by providing an adequate supply of
safe and sanitary housing for very low-income, low-income,
or moderate-income households and special needs populations. [1993 c 461 § 6; 1990 c 253 § 7.]
36.34.100
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.34.110 Disposition of proceeds. The proceeds of
sales of county property except in cases of trade-in allowances upon purchases of like property must be paid to the
county treasurer who must receipt therefor and execute the
proper documents transferring title attested to by the county
auditor. In no case shall the title be transferred until the purchase price has been fully paid. [1963 c 4 § 36.34.110. Prior:
1945 c 254 § 10; Rem. Supp. 1945 § 4014-10; prior: (i) 1915
c 8 § 1, part; 1891 c 76 § 5, part; RRS § 4011, part. (ii) 1891
c 76 § 6, part; RRS § 4013, part.]
36.34.110
36.34.120 Used equipment sales. Proceeds from the
sale of used equipment must be credited to the fund from
which the original purchase price was paid. [1963 c 4 §
36.34.120. Prior: 1945 c 254 § 11; Rem. Supp. 1945 § 401411.]
36.34.120
[Title 36 RCW—page 90]
Finding—1993 c 461: See note following RCW 43.63A.510.
Legislative finding and purpose—1990 c 253: See note following
RCW 43.70.340.
36.34.137
36.34.137 Affordable housing—Inventory of suitable
property. (1) Every county shall identify and catalog real
property owned by the county that is no longer required for
its purposes and is suitable for the development of affordable
housing for very low-income, low-income, and moderateincome households as defined in RCW 43.63A.510. The
inventory shall include the location, approximate size, and
current zoning classification of the property. Every county
shall provide a copy of the inventory to the *department of
community development by November 1, 1993, with inventory revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in 1994,
every county shall purge the inventory of real property of
sites that are no longer available for the development of
affordable housing. The inventory revision shall include an
updated listing of real property that has become available
since the last update. As used in this section, "real property"
means buildings, land, or buildings and land. [1993 c 461 §
5.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Finding—1993 c 461: See note following RCW 43.63A.510.
(2010 Ed.)
County Property
36.34.140 Leases of county property—Airports. The
board of county commissioners, if it appears that it is for the
best interests of the county and the people thereof, that any
county real property and its appurtenances should be leased
for a year or a term of years, may lease such property under
the limitations and restrictions and in the manner provided in
this chapter, and, if it appears that it is for the best interests of
the county and the people thereof, that any county real property and its appurtenances which is now being, or is to be
devoted to airport or aeronautical purposes or purposes incidental thereto, should be leased for a year or a term of years,
said board of county commissioners may lease such property
under the limitations and restrictions and in the manner provided in this chapter, and said board of county commissioners
shall have power to lease such county real property and its
appurtenances whether such property was heretofore or hereafter acquired or whether heretofore or hereafter acquired by
tax deed under tax foreclosure proceedings for nonpayment
of taxes or whether held or acquired in any other manner.
Any lease executed under the authority of the provisions
hereof creates a vested interest and a contract binding upon
the county and the lessee. [1963 c 4 § 36.34.140. Prior: 1951
2nd ex.s. c 14 § 1; prior: (i) 1901 c 87 § 1; RRS § 4019. (ii)
1901 c 87 § 6, part; RRS § 4024, part.]
36.34.140
36.34.145 Leases of county property to nonprofit
organizations for agricultural fairs. The legislative authority of any county owning property in or outside the limits of
any city or town, or anywhere within the county, which is
suitable for agricultural fair purposes may by negotiation
lease such property for such purposes for a term not to exceed
seventy-five years to any nonprofit organization that has
demonstrated its qualification to conduct agricultural fairs.
Such agricultural fair leases shall not be subject to any
requirement of periodic rental adjustments, as provided in
RCW 36.34.180, but shall provide for such fixed annual
rental as shall appear reasonable, considering the benefit to
be derived by the county in the promotion of the fair and in
the improvement of the property. The lessee may utilize or
rent out such property at times other than during the fair season for nonfair purposes in order to obtain income for fair
purposes, and during the fair season may sublease portions of
the property for purposes and activities associated with such
fair. No sublease shall be valid unless the same shall be
approved in writing by the county legislative authority:
PROVIDED, That failure of such lessee, except by act of
God, war or other emergency beyond its control, to conduct
an annual agricultural fair or exhibition, shall cause said lease
to be subject to cancellation by the county legislative authority. A county legislative authority entering into an agreement
with a nonprofit association to lease property for agricultural
fair purposes shall, when requested to do so, file a copy of the
lease agreement with the department of agriculture or the
state fair commission in order to assure compliance with the
provisions of RCW 15.76.165. [1986 c 171 § 2; 1963 c 4 §
36.34.145. Prior: 1957 c 134 § 1.]
36.34.145
36.34.150 Application to lease—Deposit. Any person
desiring to lease county lands shall make application in writing to the board of county commissioners. Each application
shall be accompanied by a deposit of not less than ten dollars
36.34.150
(2010 Ed.)
36.34.180
or such other sum as the county commissioners may require,
not to exceed twenty-five dollars. The deposit shall be in the
form of a certified check or certificate of deposit on some
bank in the county, or may be paid in cash. In case the lands
applied for are leased at the time they are offered, the deposit
shall be returned to the applicant, but if the party making
application fails or refuses to comply with the terms of his or
her application and to execute the lease, the deposit shall be
forfeited to the county, and the board of county commissioners shall pay the deposit over to the county treasurer, who
shall place it to the credit of the current expense fund. [2009
c 549 § 4073; 1963 c 4 § 36.34.150. Prior: 1901 c 87 § 2;
RRS § 4020.]
36.34.160 Notice of intention to lease. When, in the
judgment of the board of county commissioners, it is found
desirable to lease the land applied for, it shall first give notice
of its intention to make such lease by publishing a notice in a
legal newspaper at least once a week for the term of three
weeks, and shall also post a notice of such intention in a conspicuous place in the courthouse for the same length of time.
The notice so published and posted shall designate and
describe the property which is proposed to be leased, together
with the improvements thereon and appurtenances thereto,
and shall contain a notice that the board of county commissioners will meet at the county courthouse on a day and at an
hour designated in the notice, for the purpose of leasing the
property which day and hour shall be at a time not more than
a week after the expiration of the time required for the publication of the notice. [1963 c 4 § 36.34.160. Prior: 1901 c 87
§ 3; RRS § 4021.]
36.34.160
36.34.170 Objections to leasing. Any person may
appear at the meeting of the county commissioners or any
adjourned meeting thereof, and make objection to the leasing
of the property, which objection shall be stated in writing. In
passing upon objections the board of county commissioners
shall, in writing, briefly give its reasons for accepting or
rejecting the same, and such objections, and the reasons for
accepting or refusing the application, shall be published by
the board in the next subsequent weekly issue of the newspaper in which the notice of hearing was published. [1963 c 4 §
36.34.170. Prior: 1901 c 87 § 5; RRS § 4023.]
36.34.170
36.34.180 Lease terms. At the day and hour designated
in the notice or at any subsequent time to which the meeting
may be adjourned by the board of county commissioners, but
not more than thirty days after the day and hour designated
for the meeting in the published notice, the board may lease
the property in such notice described for a term of years and
upon such terms and conditions as to the board may seem just
and right in the premises. No lease shall be for a longer term
in any one instance than ten years, and no renewal of a lease
once executed and delivered shall be had, except by a re-leasing and re-letting of the property according to the terms and
conditions of this chapter: PROVIDED, That if a county
owns property within or outside the corporate limits of any
city or town or anywhere in the county suitable for municipal
purposes, or for commercial buildings, or owns property suitable for manufacturing or industrial purposes or sites, or for
36.34.180
[Title 36 RCW—page 91]
36.34.190
Title 36 RCW: Counties
military purposes, or for temporary or emergency housing, or
for any requirement incidental to manufacturing, commercial, agricultural, housing, military, or governmental purposes, the board of county commissioners may lease it for
such purposes for any period not to exceed thirty-five years:
PROVIDED FURTHER, Where the property involved is or
is to be devoted to airport purposes and construction work or
the installation of new facilities is contemplated, the board
may lease said property for such period as may equal the estimated useful life of such work or facilities but not to exceed
seventy-five years.
If property is leased for municipal purposes or for commercial buildings or manufacturing or industrial purposes the
lessee shall prior to the execution of the lease file with the
board of county commissioners general plans and specifications of the building or buildings to be erected thereon for
such purposes. All leases when executed shall provide that
they shall be canceled by failure of the lessee to construct
such building or buildings or other improvements for such
purposes within three years from date of the lease, and in case
of failure so to do the lease and all improvements thereon
including the rentals paid, shall thereby be forfeited to the
county unless otherwise stipulated. No change or modification of the plans shall be made unless first approved by the
board of county commissioners. If at any time during the life
of the lease the lessee fails to use the property for the purposes leased, without first obtaining permission in writing
from the board of county commissioners so to do, the lease
shall be forfeited.
Any lease made for a longer period than ten years shall
contain provisions requiring the lessee to permit the rentals
for every five year period thereafter, or part thereof, at the
commencement of such period, to be readjusted and fixed by
the board of county commissioners. In the event that the lessee and the board cannot agree upon the rentals for said five
year period, the lessee shall submit to have the disputed rentals for the subsequent period adjusted by arbitration. The lessee shall pick one arbitrator and the board one, and the two so
chosen shall select a third. No board of arbitrators shall
reduce the rentals below the sum fixed or agreed upon for the
last preceding period. All buildings, factories, or other
improvements made upon property leased shall belong to and
become property of such county, unless otherwise stipulated,
at the expiration of the lease.
No lease shall be assigned without the assignment being
first authorized by resolution of the board of county commissioners and the consent in writing of at least two members of
the board endorsed on the lease. All leases when drawn shall
contain this provision.
This section shall not be construed to limit the power of
the board of county commissioners to sell, lease, or by gift
convey any property of the county to the United States or any
of its governmental agencies to be used for federal government purposes. [1963 c 4 § 36.34.180. Prior: 1951 c 41 § 1;
1941 c 110 § 2; 1913 c 162 § 1; 1903 c 57 § 1; 1901 c 87 § 4;
RRS § 4022.]
36.34.190
36.34.190 Lease to highest responsible bidder. No
lease shall be made by the county except to the highest
responsible bidder at the time of the hearing set forth in the
[Title 36 RCW—page 92]
notice of intention to lease. [1963 c 4 § 36.34.190. Prior:
1901 c 87 § 6, part; RRS § 4024, part.]
36.34.192 Application of RCW 36.34.150 through
36.34.190 to certain service provider agreements under
chapter 70.150 RCW. RCW 36.34.150 through 36.34.190
shall not apply to agreements entered into pursuant to chapter
70.150 RCW provided there is compliance with the procurement procedure under RCW 70.150.040. [1986 c 244 § 12.]
36.34.192
Additional notes found at www.leg.wa.gov
36.34.200 Execution of lease agreement. Upon the
decision of the board of county commissioners to lease the
lands applied for, a lease shall be executed in duplicate to the
lessee by the chair of the board and the county auditor,
attested by his or her seal of office, which lease shall also be
signed by the lessee. The lease shall refer to the order of the
board directing the lease, with a description of the lands conveyed, the periods of payment, and the amounts to be paid for
each period. [2009 c 549 § 4074; 1963 c 4 § 36.34.200.
Prior: 1901 c 87 § 7; RRS § 4025.]
36.34.200
36.34.205 Lease of building space—Counties with a
population of six hundred thousand or more. In accordance with RCW 35.42.010 through 35.42.220, a county with
a population of six hundred thousand or more may lease
space and provide for the leasing of such space through leases
with an option to purchase and the acquisition of buildings
erected upon land owned by the county upon the expiration of
lease of such land. For the purposes of this section, "building," as defined in RCW 35.42.020 shall be construed to
include any building or buildings used as part of, or in connection with, the operation of the county. The authority conferred by this section is in addition to and not in lieu of any
other provision authorizing counties to lease property. [2009
c 153 § 1; 1998 c 278 § 10.]
36.34.205
36.34.210 Forest lands may be conveyed to United
States. The board of county commissioners of any county
which acquires any lands through foreclosure of tax liens or
otherwise, which by reason of their location, topography, or
geological formation are chiefly valuable for the purpose of
developing and growing timber, and which are situated
within the boundaries of any national forest, may, upon application by the proper forest service official of the United
States government, convey such lands to the United States
government for national forest purposes under the national
forest land exchange regulations, for such compensation as
may be deemed equitable. [1963 c 4 § 36.34.210. Prior:
1931 c 69 § 1; RRS § 4015-1.]
36.34.210
36.34.220 Lease or conveyance to United States for
flood control, navigation, and allied purposes. If the board
of county commissioners of any county adjudges that it is
desirable and for the general welfare and benefit of the people
of the county and for the interest of the county to lease or convey property, real or personal, belonging to the county, however acquired, whether by tax foreclosure or in any other
manner, to the United States for the purpose of flood control,
navigation, power development, or for use in connection with
36.34.220
(2010 Ed.)
County Property
federal projects within the scope of the federal reclamation
act of June 17, 1902, and the act of congress of August 30,
1935, entitled "An Act authorizing the construction, repair,
and preservation of certain public works on rivers and harbors, and for other purposes," and federal acts amendatory
thereof and supplemental thereto, for the reclamation and irrigation of arid lands, the board, by majority vote, may lease or
convey such property to the United States for flood control,
navigation, and power development purposes, or for use in
connection with federal projects for the reclamation and irrigation of arid lands. This property may be conveyed or leased
by deed or other instrument of conveyance or lease without
notice and upon such consideration, if any, as shall be determined by the board and the deed or lease may be signed by
the county treasurer when authorized to do so by resolution of
the board. Any deed issued heretofore by any county to the
United States under authority of section 1, chapter 46, Laws
of 1937 and the amendments thereto, is ratified and approved
and declared to be valid. [1963 c 4 § 36.34.220. Prior: 1945
c 94 § 1; 1941 c 142 § 1; 1937 c 46 § 1; Rem. Supp. 1945 §
4015-6.]
36.34.230 Lease or conveyance to United States for
flood control, navigation, and allied purposes—State consents to conveyance. Pursuant to the Constitution and laws
of the United States and the Constitution of this state, consent
of the legislature is given to such conveyance by a county to
the United States for such purposes. [1963 c 4 § 36.34.230.
Prior: 1937 c 46 § 2; RRS § 4015-7.]
36.34.230
36.34.240 Lease or conveyance to United States for
flood control, navigation, and allied purposes—Cession of
jurisdiction. Pursuant to the Constitution and laws of the
United States and the Constitution of this state, consent of the
legislature is given to the exercise by the congress of the
United States of exclusive legislation in all cases whatsoever
on such tract or parcels of land so conveyed to it: PROVIDED, That all civil process issued from the courts of the
state and such criminal process as may issue under the
authority of the state against any person charged with crime
in cases arising outside of said tract may be served and executed thereon in the same manner as if such property were
retained by the county. [1963 c 4 § 36.34.240. Prior: 1937 c
46 § 3; RRS § 4015-8.]
36.34.240
36.34.250 Lease or conveyance to the state or to
United States for military, housing, and other purposes.
The board of county commissioners of any county by a
majority vote are hereby authorized to directly lease, sell, or
convey by gift, all or any portion of real estate, or any interest
therein owned by the county, however acquired, by tax foreclosure or in any other manner, to the United States for the
use and benefit of any branch of the army, navy, marine corps
or air forces of the United States, or for enlarging or improving any military base thereof, or for any governmental housing project, or for the purpose of constructing and operating
any federal power project, or to the state of Washington,
without requiring competitive bids or notice to the public and
at such price and terms as the board may deem for the best
interests of the county. The property may be conveyed to the
36.34.250
(2010 Ed.)
36.34.280
United States or to the state of Washington by deed or other
instrument of conveyance and shall not require any consideration, if donated, other than the benefit which may be derived
by the county on account of the use thereof and development
of such property by the United States government or the state.
[1963 c 4 § 36.34.250. Prior: 1941 c 227 § 1; Rem. Supp.
1941 § 4026-1a.]
36.34.260 Lease or conveyance to the state or to
United States for military, housing, and other purposes—
Procedure. In any county where the federal government
owns and maintains property under the jurisdiction of the
navy department or war department, or any other federal
department, the board of county commissioners by majority
vote may sell, lease or transfer to the United States government any real or personal property owned by said county,
however acquired, for the use and benefit of any branch of the
army, navy, marine corps or air forces thereof or for enlarging or improving any military base thereof, or for any other
governmental housing project, or to the state of Washington,
without requiring competitive bids or notice to the public and
at such price and terms as the board may deem for the best
interests of the county. This property may be conveyed to the
government of the United States by bill of sale or other
instrument of conveyance and need not require consideration
other than the benefit which may be derived by the county on
account of the use thereof and development of such property
by the United States government. The state of Washington
may buy and/or sell such property, or the state of Washington
may buy and/or sell such property for the purposes herein
stated; or mutually interchange or trade such property or purchase one from the other. [1963 c 4 § 36.34.260. Prior: 1941
c 227 § 2; Rem. Supp. 1941 § 4026-1b.]
36.34.260
36.34.270 Lease or conveyance to the state or to
United States for military, housing, and other purposes—
Execution of instrument of transfer. The resolution of the
board of county commissioners to grant an option to purchase, contract to sell, lease, sell and convey, or donate, as
provided, shall be entered by said board upon its journal, and
any option to purchase, contract to sell, lease, sale and conveyance, or donation executed pursuant thereto, shall be
signed on behalf of the county by the board of county commissioners, or a majority thereof, and shall be acknowledged
in the manner prescribed by law. [1963 c 4 § 36.34.270.
Prior: 1941 c 227 § 3; Rem. Supp. 1941 § 4026-1c.]
36.34.270
36.34.280 Conveyance to municipality. Whenever
any county holds title to lands, for county purposes, acquired
by grant, patent, or other conveyance from the United States
executed under and pursuant to an act of congress, and the
board of county commissioners of such county by resolution
finds and determines that any portion thereof is not required
for county purposes and that it would be for the best interest
of the county to have such portion of the lands devoted to use
by a municipality lying within the county, the board of
county commissioners may, with the consent of the congress
of the United States, by a proper instrument of conveyance
executed by the board on behalf of the county, convey such
lands to the municipality for municipal purposes, either with
36.34.280
[Title 36 RCW—page 93]
36.34.290
Title 36 RCW: Counties
or without consideration, and shall not be required to advertise or offer such lands for sale or lease in the manner provided by law for the sale or lease of county property. [1963 c
4 § 36.34.280. Prior: 1917 c 69 § 1; RRS § 4015.]
36.34.290 Dedication of county land for streets and
alleys. The boards of county commissioners of the several
counties may dedicate any county land to public use for public streets and alleys in any city or town. [1963 c 4 §
36.34.290. Prior: 1903 c 89 § 1; RRS § 4026.]
36.34.290
36.34.300 Dedication of county land for streets and
alleys—Execution of dedication—Effective date. Whenever the board of county commissioners of any county deems
it for the best interests of the public that any county land lying
in any city or town should be dedicated to the public use for
streets or alleys, it shall make and enter an order upon its
records, designating the land so dedicated, and shall cause a
certified copy of the order to be recorded in the auditor’s
office of the county in which the land is situated, and from
and after entry of such order of dedication and the recording
thereof as herein provided, such lands shall be thereby dedicated to the public use. [1963 c 4 § 36.34.300. Prior: 1903 c
89 § 2; RRS § 4027.]
36.34.300
36.34.310 Long term leases to United States. Any
county in the state may lease any property owned by it to the
United States of America or to any agency thereof for a term
not exceeding ninety-nine years upon such conditions as may
be contained in a written agreement therefor executed on
behalf of the county by its board of county commissioners,
and by any person on behalf of the United States of America
or any agency thereof who has been thereunto authorized:
PROVIDED, That any lease made for a longer period than
ten years hereunder shall contain provisions requiring the lessee to permit the rentals for every five-year period thereafter,
or part thereof, at the commencement of such period, to be
readjusted upward and fixed by the board of county commissioners. In the event that the lessee and the board of county
commissioners cannot agree upon the rentals for the five-year
period, the lessee shall submit to have the disputed rentals for
such subsequent period adjusted by arbitration. The lessee
shall pick one arbitrator and the board of county commissioners one, and the two so chosen shall select a third. No board
of arbitrators shall reduce the rentals below the sum fixed or
agreed upon for the last preceding period. All buildings, factories or other improvements made upon property leased
under this proviso shall belong to and become property of the
county, unless otherwise stipulated, at the expiration of the
lease. [1963 c 4 § 36.34.310. Prior: 1949 c 85 § 1; Rem.
Supp. 1949 § 4019-1.]
36.34.310
36.34.320 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
36.34.320
36.34.330 Exchange for privately owned real property of equal value. The board of county commissioners of
any county shall have authority to exchange county real property for privately owned real property of equal value when36.34.330
[Title 36 RCW—page 94]
ever it is determined by a decree of the superior court in the
county in which the real property is located, after publication
of notice of hearing is given as fixed and directed by such
court, that:
(1) The county real property proposed to be exchanged is
not necessary to the future foreseeable needs of such county;
and
(2) The real property to be acquired by such exchange is
necessary for the future foreseeable needs of such county;
and
(3) The value of the county real property to be
exchanged is not more than the value of the real property to
be acquired by such exchange. [1965 ex.s. c 21 § 1.]
36.34.340 May acquire property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes. Any county or city may acquire by
purchase, gift, devise, bequest, grant or exchange, title to or
any interests or rights in real property to be provided or preserved for (a) park or recreational purposes, viewpoint or
greenbelt purposes, (b) the conservation of land or other natural resources, or (c) historic, scenic, or view purposes.
[1965 ex.s. c 76 § 4.]
36.34.340
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by counties: RCW 64.04.130.
Historic preservation—Authority of county to acquire property: RCW
36.32.435.
Parks, county commissioners may designate name of: RCW 36.32.430.
36.34.355 Chapter not applicable to certain transfers
of property. This chapter does not apply to transfers of property under *sections 1 and 2 of this act. [2006 c 35 § 4.]
36.34.355
*Reviser’s note: The reference to "sections 1 and 2 of this act" appears
to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW
43.99C.070 and 43.83D.120 was apparently intended.
Findings—2006 c 35: See note following RCW 43.99C.070.
Chapter 36.35
Chapter 36.35 RCW
TAX TITLE LANDS
Sections
36.35.010
36.35.020
36.35.070
36.35.080
36.35.090
36.35.100
36.35.110
36.35.120
36.35.130
36.35.140
36.35.150
36.35.160
36.35.170
36.35.180
36.35.190
36.35.200
36.35.210
36.35.220
36.35.230
36.35.240
Purpose—Powers of county legislative authority as to tax title
lands.
"Tax title lands" defined—Held in trust for taxing districts.
Chapter as alternative.
Other lands not affected.
Chapter not affected by other acts.
Treatment of county held tax-title property.
Disposition of proceeds of sales.
Sales of tax-title property—Reservations—Notices—Installment contracts—Separate sale of reserved resources.
Form of deed and reservation.
Rental of tax-title property on month to month tenancy authorized.
Tax-title property may be disposed of without bids in certain
cases.
Quieting title to tax-title property.
Quieting title to tax-title property—Form of action—Pleadings.
Quieting title to tax-title property—Summons and notice.
Quieting title to tax-title property—Redemption before judgment.
Quieting title to tax-title property—Judgment.
Quieting title to tax-title property—Proof—Presumptions.
Quieting title to tax-title property—Appearance fee—Tender
of taxes.
Quieting title to tax-title property—Appellate review.
Quieting title to tax-title property—Effect of judgment.
(2010 Ed.)
Tax Title Lands
36.35.250
36.35.260
36.35.270
36.35.280
36.35.290
Quieting title to tax-title property—Special assessments payable out of surplus.
Quieting title to tax-title property—Form of deed on sale after
title quieted.
Quieting title to tax-title property—Limitation on recovery for
breach of warranty.
Tax deeds to cities and towns absolute despite reversionary
provision.
Easements.
36.35.010 Purpose—Powers of county legislative
authority as to tax title lands. The purpose of this chapter
is to increase the power of county legislative authorities over
tax title lands. The legislative authority of each county shall
have the power to devote tax title lands to public use under its
own control or the control of other governmental or quasigovernmental agencies, to exchange such lands for lands
worth at least ninety percent of the value of the land
exchanged, and to manage such lands to produce maximum
revenue therefrom in the manner which derives the most
income from such lands. The further purpose of this chapter
is to relieve the courts of the obligation of supervising the
county legislative authorities in the management and disposition of tax title lands. [1972 ex.s. c 150 § 1.]
36.35.120
(d) Exempt from property owner association dues or
fees.
(2) The sale, management, and leasing of tax title property shall be handled as under chapter 36.35 RCW. [2007 c
295 § 3; 1998 c 106 § 13; 1961 c 15 § 84.64.220. Prior: 1925
ex.s. c 130 § 131; RRS § 11292; prior: 1899 c 141 § 27. Formerly RCW 84.64.220.]
36.35.010
36.35.020 "Tax title lands" defined—Held in trust
for taxing districts. The term "tax title lands" as used in this
chapter shall mean any tract of land acquired by the county
for lack of other bidders at a tax foreclosure sale. Tax title
lands are held in trust for the taxing districts. [2007 c 295 §
2; 1972 ex.s. c 150 § 2.]
36.35.020
36.35.070 Chapter as alternative. The provisions of
this chapter shall be deemed as alternatives to, and not be limited by, the provisions of RCW 39.33.010, 36.34.130, and
36.35.140, nor shall the authority granted in this chapter be
held to be subjected to or qualified by the terms of such statutory provisions. [1998 c 106 § 22; 1972 ex.s. c 150 § 8.]
36.35.070
36.35.080 Other lands not affected. Nothing in this
chapter shall affect any land deeded in trust to the department
of natural resources or its successors pursuant to the provisions of Title 76 RCW. [1988 c 128 § 7; 1972 ex.s. c 150 §
9.]
36.35.080
36.35.090 Chapter not affected by other acts. Notwithstanding any provision of law to the contrary, or provisions of law limiting the authority granted in this chapter, the
legislative authority of any county shall have the authority to
manage and exchange tax title lands heretofore or hereafter
acquired in the manner and on the terms and conditions set
forth in this chapter. [1972 ex.s. c 150 § 3.]
36.35.090
36.35.100 Treatment of county held tax-title property. All property deeded to the county under the provisions
of this chapter shall be treated as follows during the period
the property is so held:
(1) The property shall be:
(a) Stricken from the tax rolls as county property;
(b) Exempt from taxation;
(c) Exempt from special assessments except as provided
in chapter 35.49 RCW and RCW 35.44.140 and 79.44.190;
and
36.35.100
(2010 Ed.)
36.35.110 Disposition of proceeds of sales. No claims
shall ever be allowed against the county from any municipality, school district, road district or other taxing district for
taxes levied on property acquired by the county by tax deed
under the provisions of this chapter, but all taxes shall at the
time of deeding said property be thereby canceled: PROVIDED, That the proceeds of any sale of any property
acquired by the county by tax deed shall be justly apportioned
to the various funds existing at the date of the sale, in the territory in which such property is located, according to the tax
levies of the year last in process of collection. [1961 c 15 §
84.64.230. Prior: 1925 ex.s. c 130 § 132; RRS § 11293;
prior: 1899 c 141 § 28. Formerly RCW 84.64.230.]
36.35.110
36.35.120 Sales of tax-title property—Reservations—Notices—Installment contracts—Separate sale of
reserved resources. Real property acquired by any county
of this state by foreclosure of delinquent taxes may be sold by
order of the county legislative authority of the county when in
the judgment of the county legislative authority it is deemed
in the best interests of the county to sell the real property.
When the legislative authority desires to sell any such
property it may, if deemed advantageous to the county, combine any or all of the several lots and tracts of such property
in one or more units, and may reserve from sale coal, oil, gas,
gravel, minerals, ores, fossils, timber, or other resources on or
in the lands, and the right to mine for and remove the same,
and it shall then enter an order on its records fixing the unit or
units in which the property shall be sold and the minimum
price for each of such units, and whether the sale will be for
cash or whether a contract will be offered, and reserving from
sale such of the resources as it may determine and from
which units such reservations shall apply, and directing the
county treasurer to sell such property in the unit or units and
at not less than the price or prices and subject to such reservations so fixed by the county legislative authority. The order
shall be subject to the approval of the county treasurer if several lots or tracts of land are combined in one unit.
Except in cases where the sale is to be by direct negotiation as provided in RCW 36.35.150, it shall be the duty of the
county treasurer upon receipt of such order to publish once a
week for three consecutive weeks a notice of the sale of such
property in a newspaper of general circulation in the county
where the land is situated. The notice shall describe the property to be sold, the unit or units, the reservations, and the minimum price fixed in the order, together with the time and
place and terms of sale, in the same manner as foreclosure
sales as provided by RCW 84.64.080.
The person making the bid shall state whether he or she
will pay cash for the amount of his or her bid or accept a real
estate contract of purchase in accordance with the provisions
hereinafter contained. The person making the highest bid
36.35.120
[Title 36 RCW—page 95]
36.35.130
Title 36 RCW: Counties
shall become the purchaser of the property. If the highest bidder is a contract bidder the purchaser shall be required to pay
thirty percent of the total purchase price at the time of the sale
and shall enter into a contract with the county as vendor and
the purchaser as vendee which shall obligate and require the
purchaser to pay the balance of the purchase price in ten
equal annual installments commencing November 1st and
each year following the date of the sale, and shall require the
purchaser to pay twelve percent interest on all deferred payments, interest to be paid at the time the annual installment is
due; and may contain a provision authorizing the purchaser to
make payment in full at any time of any balance due on the
total purchase price plus accrued interest on such balance.
The contract shall contain a provision requiring the purchaser
to pay before delinquency all subsequent taxes and assessments that may be levied or assessed against the property
subsequent to the date of the contract, and shall contain a provision that time is of the essence of the contract and that in
event of a failure of the vendee to make payments at the time
and in the manner required and to keep and perform the covenants and conditions therein required of him or her that the
contract may be forfeited and terminated at the election of the
vendor, and that in event of the election all sums theretofore
paid by the vendee shall be forfeited as liquidated damages
for failure to comply with the provisions of the contract; and
shall require the vendor to execute and deliver to the vendee
a deed of conveyance covering the property upon the payment in full of the purchase price, plus accrued interest.
The county legislative authority may, by order entered in
its records, direct the coal, oil, gas, gravel, minerals, ores,
timber, or other resources sold apart from the land, such sale
to be conducted in the manner hereinabove prescribed for the
sale of the land. Any such reserved minerals or resources not
exceeding two hundred dollars in value may be sold, when
the county legislative authority deems it advisable, either
with or without such publication of the notice of sale, and in
such manner as the county legislative authority may determine will be most beneficial to the county. [2001 c 299 § 10;
1993 c 310 § 1; 1991 c 245 § 30; 1981 c 322 § 7; 1965 ex.s. c
23 § 5; 1961 c 15 § 84.64.270. Prior: 1945 c 172 § 1; 1937 c
68 § 1; 1927 c 263 § 1; 1925 ex.s. c 130 § 133; Rem. Supp.
1945 § 11294; prior: 1903 c 59 § 1; 1899 c 141 § 29; 1890 p
579 § 124; Code 1881 § 2934. Formerly RCW 84.64.270,
84.64.280, 84.64.290, and 84.64.270.]
City may acquire property from county before resale: RCW 35.49.150.
Disposition of proceeds upon resale
generally: RCW 35.49.160.
of property subject to diking, drainage or sewerage improvement district
assessments: RCW 85.08.500.
Exchange, lease, management of county tax title lands: Chapter 36.35 RCW.
Tax title land
conveyance of to port districts: RCW 53.25.050.
may be deeded to department of natural resources for reforestation purposes: RCW 79.22.010.
may be leased for mineral, gas and petroleum development: Chapter
78.16 RCW.
36.35.130 Form of deed and reservation. The county
treasurer shall upon payment to the county treasurer of the
purchase price for the property and any interest due, make
and execute under the county treasurer’s hand and seal, and
issue to the purchaser, a deed in the following form for any
36.35.130
[Title 36 RCW—page 96]
lots or parcels of real property sold under the provisions of
RCW 36.35.120.
State of Washington
County of . . . . . . . . . . . . .
ss.
This indenture, made this . . . . day of . . . . . .,
. . (year) . ., between . . . . . ., as treasurer of . . . . . . county,
state of Washington, the party of the first part, and . . . . . .,
party of the second part.
WITNESSETH, That whereas, at a public sale of real
property, held on the . . . . day of . . . . . ., . . (year) . ., pursuant to an order of the county legislative authority of the
county of . . . . . ., state of Washington, duly made and
entered, and after having first given due notice of the time
and place and terms of the sale, and, whereas, in pursuance
of the order of the county legislative authority, and of the
laws of the state of Washington, and for and in consideration of the sum of . . . . . . dollars, lawful money of the
United States of America, to me in hand paid, the receipt
whereof is hereby acknowledged, I have this day sold to
. . . . . . the following described real property, and which the
real property is the property of . . . . . . county, and which is
particularly described as follows, to wit: . . . . . . . . ., the
. . . . . . being the highest and best bidder at the sale, and the
sum being the highest and best sum bid at the sale;
NOW, THEREFORE, Know ye that I, . . . . . ., county
treasurer of the county of . . . . . ., state of Washington, in
consideration of the premises and by virtue of the statutes
of the state of Washington, in such cases made and provided, do hereby grant and convey unto . . . . . ., heirs and
assigns, forever, the real property hereinbefore described,
as fully and completely as the party of the first part can by
virtue of the premises convey the same.
Given under my hand and seal of office this . . . . day
of . . . . . ., . . (year) . .
.....................
County Treasurer,
By . . . . . . . . . . . . . . . . . . . . .
Deputy:
PROVIDED, That when by order of the county legislative
authority any of the minerals or other resources enumerated
in RCW 36.35.120 are reserved, the deed or contract of purchase shall contain the following reservation:
The party of the first part hereby expressly saves, excepts
and reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, all oils, gases, coals, ores, minerals, gravel, timber and fossils of every name, kind or
description, and which may be in or upon the lands above
described; or any part thereof, and the right to explore the
same for such oils, gases, coal, ores, minerals, gravel, timber
and fossils; and it also hereby expressly saves reserves out of
the grant hereby made, unto itself, its successors and assigns,
forever, the right to enter by itself, its agents, attorneys and
servants upon the lands, or any part or parts thereof, at any
and all times, for the purpose of opening, developing and
working mines thereon, and taking out and removing therefrom all such oils, gases, coal, ores, minerals, gravel, timber
and fossils, and to that end it further expressly reserves out of
the grant hereby made, unto itself, its successors and assigns,
(2010 Ed.)
Tax Title Lands
forever, the right by it or its agents, servants and attorneys at
any and all times to erect, construct, maintain and use all such
buildings, machinery, roads and railroads, sink such shafts,
remove such oil, and to remain on the lands or any part
thereof, for the business of mining and to occupy as much of
the lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly
reserving to itself, its successors and assigns, as aforesaid,
generally, all rights and powers in, to and over, the land,
whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the complete
enjoyment of the property and the rights hereby expressly
reserved. No rights shall be exercised under the foregoing
reservation, by the county, its successors or assigns, until provision has been made by the county, its successors or assigns,
to pay to the owner of the land upon which the rights herein
reserved to the county, its successors or assigns, are sought to
be exercised, full payment for all damages sustained by the
owner, by reason of entering upon the land: PROVIDED,
That if the owner from any cause whatever refuses or
neglects to settle the damages, then the county, its successors
or assigns, or any applicant for a lease or contract from the
county for the purpose of prospecting for or mining valuable
minerals, or operation contract, or lease, for mining coal, or
lease for extracting petroleum or natural gas, shall have the
right to institute such legal proceedings in the superior court
of the county wherein the land is situated, as may be necessary to determine the damages which the owner of the land
may suffer: PROVIDED, The county treasurer shall cross
out of such reservation any of the minerals or other resources
which were not reserved by order of the county legislative
authority. [1998 c 106 § 14; 1961 c 15 § 84.64.300. Prior:
1945 c 172 § 2; 1927 c 263 § 2; 1925 ex.s. c 130 § 134; Rem.
Supp. 1945 § 11295; prior: 1903 c 59 § 5; 1890 p 577 § 119;
Code 1881 § 2938. Formerly RCW 84.64.300.]
36.35.140
36.35.140 Rental of tax-title property on month to
month tenancy authorized. The board of county commissioners of any county may, pending sale of any county property acquired by foreclosure of delinquent taxes, rent any portion thereof on a tenancy from month to month. From the proceeds of the rentals the board of county commissioners shall
first pay all expense in management of said property and in
repairing, maintaining and insuring the improvements
thereon, and the balance of said proceeds shall be paid to the
various taxing units interested in the taxes levied against said
property in the same proportion as the current tax levies of
the taxing units having levies against said property. [1961 c
15 § 84.64.310. Prior: 1945 c 170 § 1; Rem. Supp. 1945 §
11298-1. Formerly RCW 84.64.310.]
36.35.180
tions on construction activities on the property; (3) when the
property has an assessed value of less than five hundred dollars and the property is sold to an adjoining landowner; or (4)
when no acceptable bids were received at the attempted public auction of the property, if the sale is made within twelve
months from the date of the attempted public auction. [2001
c 299 § 11; 1997 c 244 § 2; 1993 c 310 § 2; 1961 c 15 §
84.64.320. Prior: 1947 c 238 § 1; Rem. Supp. 1947 § 112951. Formerly RCW 84.64.320.]
Additional notes found at www.leg.wa.gov
36.35.160 Quieting title to tax-title property. In any
and all instances in this state in which a treasurer’s deed to
real property has been or shall be issued to the county in proceedings to foreclose the lien of general taxes, and for any
reason a defect in title exists or adverse claims against the
same have not been legally determined, the county or its successors in interest or assigns shall have authority to institute
an action in the superior court in the county to correct such
defects, and to determine such adverse claims and the priority
thereof as provided in RCW 36.35.160 through 36.35.270.
[1998 c 106 § 15; 1961 c 15 § 84.64.330. Prior: 1931 c 83 §
1; 1925 ex.s. c 171 § 1; RRS § 11308-1. Formerly RCW
84.64.330.]
36.35.160
36.35.170 Quieting title to tax-title property—Form
of action—Pleadings. The county or its successors in interest or assigns shall have authority to include in one action any
and all tracts of land in which plaintiff or plaintiffs in such
action, jointly or severally, has or claims to have an interest.
Such action shall be one in rem as against every right and
interest in and claim against any and every part of the real
property involved, except so much thereof as may be at the
time the summons and notice is filed with the clerk of the
superior court in the actual, open and notorious possession of
any person or corporation, and then except only as to the
interest claimed by such person so in possession: PROVIDED, That the possession required under the provisions of
RCW 36.35.160 through 36.35.270 shall be construed to be
that by personal occupancy only, and not merely by representation or in contemplation of law. No person, firm or corporation claiming an interest in or to such lands need be specifically named in the summons and notice, except as in RCW
36.35.160 through 36.35.270, and no pleadings other than the
summons and notice and the written statements of those
claiming a right, title and interest in and to the property
involved shall be required. [1998 c 106 § 16; 1961 c 15 §
84.64.340. Prior: 1931 c 83 § 2; 1925 ex.s. c 171 § 2; RRS §
11308-2. Formerly RCW 84.64.340.]
36.35.170
36.35.180 Quieting title to tax-title property—Summons and notice. Upon filing a copy of the summons and
notice in the office of the county clerk, service thereof as
against every interest in and claim against any and every part
of the property described in such summons and notice, and
every person, firm, or corporation, except one who is in the
actual, open and notorious possession of any of the properties, shall be had by publication in the official county newspaper for six consecutive weeks; and no affidavit for publication of such summons and notice shall be required. In case
36.35.180
36.35.150
36.35.150 Tax-title property may be disposed of
without bids in certain cases. The county legislative
authority may dispose of tax foreclosed property by private
negotiation, without a call for bids, for not less than the principal amount of the unpaid taxes in any of the following
cases: (1) When the sale is to any governmental agency and
for public purposes; (2) when the county legislative authority
determines that it is not practical to build on the property due
to the physical characteristics of the property or legal restric(2010 Ed.)
[Title 36 RCW—page 97]
36.35.190
Title 36 RCW: Counties
special assessments imposed by a city or town against any of
the real property described in the summons and notice remain
outstanding, a copy of the same shall be served on the treasurer of the city or town within which such real property is
situated within five days after such summons and notice is
filed.
The summons and notice in such action shall contain the
title of the court; specify in general terms the years for which
the taxes were levied and the amount of the taxes and the
costs for which each tract of land was sold; give the legal
description of each tract of land involved, and the tax record
owner thereof during the years in which the taxes for which
the property was sold were levied; state that the purpose of
the action is to foreclose all adverse claims of every nature in
and to the property described, and to have the title of existing
liens and claims of every nature against the described real
property, except that of the county, forever barred.
The summons and notice shall also summon all persons,
firms and corporations claiming any right, title and interest in
and to the described real property to appear within sixty days
after the date of the first publication, specifying the day and
year, and state in writing what right, title and interest they
have or claim to have in and to the property described, and
file the same with the clerk of the court above named; and
shall notify them that in case of their failure so to do, judgment will be rendered determining that the title to the real
property is in the county free from all existing adverse interests, rights or claims whatsoever: PROVIDED, That in case
any of the lands involved is in the actual, open and notorious
possession of anyone at the time the summons and notice is
filed, as herein provided, a copy of the same modified as
herein specified shall be served personally upon such person
in the same manner as summons is served in civil actions
generally. The summons shall be substantially in the form
above outlined, except that in lieu of the statement relative to
the date and day of publication it shall require the person
served to appear within twenty days after the day of service,
exclusive of the date of service, and that the day of service
need not be specified therein, and except further that the
recitals regarding the amount of the taxes and costs and the
years the same were levied, the legal description of the land
and the tax record owner thereof may be omitted except as to
the land occupied by the persons served.
Every summons and notice provided for in RCW
36.35.160 through 36.35.270 shall be subscribed by the prosecuting attorney of the county, or by any successor or assign
of the county or his or her attorney, as the case may be, followed by the post office address of the successor or assign.
[2009 c 549 § 4075; 1998 c 106 § 17; 1961 c 15 § 84.64.350.
Prior: 1931 c 83 § 3; 1925 ex.s. c 171 § 3; RRS § 11308-3.
Formerly RCW 84.64.350.]
36.35.190 Quieting title to tax-title property—
Redemption before judgment. Any person, firm or corporation who or which may have been entitled to redeem the
property involved prior to the issuance of the treasurer’s deed
to the county, and his or her or its successor in interest, shall
have the right, at any time after the commencement of, and
prior to the judgment in the action authorized herein, to
redeem such property by paying to the county treasurer the
amount of the taxes for which the property was sold to the
36.35.190
[Title 36 RCW—page 98]
county, and the amount of any other general taxes which may
have accrued prior to the issuance of said treasurer’s deed,
together with interest on all such taxes from the date of delinquency thereof, respectively, at the rate of twelve percent per
annum, and by paying for the benefit of the assessment district concerned the amount of principal, penalty and interest
of all special assessments, if any, which shall have been levied against such property and by paying such proportional
part of the costs of the tax foreclosure proceedings and of the
action herein authorized as the county treasurer shall determine.
Upon redemption of any property before judgment as
herein provided, the county treasurer shall issue to the
redemptioner a certificate specifying the amount of the taxes,
special assessments, penalty, interest and costs charged
describing the land and stating that the taxes, special assessments, penalty, interest and costs specified have been fully
paid, and the lien thereof discharged. Such certificate shall
clear the land described therein from any claim of the county
based on the treasurer’s deed previously issued in the tax
foreclosure proceedings. [2009 c 549 § 4076; 1961 c 15 §
84.64.360. Prior: 1925 ex.s. c 171 § 4; RRS § 11308-4. Formerly RCW 84.64.360.]
36.35.200 Quieting title to tax-title property—Judgment. At any time after the return day named in the summons and notice the plaintiff in the cause shall be entitled to
apply for judgment. In case any person has appeared in such
action and claimed any interest in the real property involved
adverse to that of the county or its successors in interest, such
person shall be given a three days’ notice of the time when
application for judgment shall be made. The court shall hear
and determine the matter in a summary manner similar to that
provided in RCW 84.64.080, relating to judgment and order
of sale in general tax foreclosure proceedings, and shall pronounce and enter judgment according to the rights of the parties and persons concerned in the action. No order of sale
shall be made nor shall any sale on execution be necessary to
determine the title of the county to the real property involved
in such action. [1961 c 15 § 84.64.370. Prior: 1931 c 83 § 4;
1925 ex.s. c 171 § 5; RRS § 11308-5. Formerly RCW
84.64.370.]
36.35.200
36.35.210 Quieting title to tax-title property—
Proof—Presumptions. The right of action of the county, its
successors or assigns, under RCW 36.35.160 through
36.35.270 shall rest on the validity of the taxes involved, and
the plaintiff shall be required to prove only the amount of the
former judgment foreclosing the lien thereof, together with
the costs of the foreclosure and sale of each tract of land for
the taxes, and all the presumptions in favor of the tax foreclosure sale and issuance of treasurer’s deed existing by law
shall obtain in the action. [1998 c 106 § 18; 1961 c 15 §
84.64.380. Prior: 1931 c 83 § 5; 1925 ex.s. c 171 § 6; RRS §
11308-6. Formerly RCW 84.64.380.]
36.35.210
36.35.220 Quieting title to tax-title property—
Appearance fee—Tender of taxes. Any person filing a
statement in such action shall pay the clerk of the court an
appearance fee in the amount required by the county for
36.35.220
(2010 Ed.)
Tax Title Lands
appearances in civil actions, and shall be required to tender
the amount of all taxes, interest and costs charged against the
real property to which he or she lays claim, and no further
costs in such action shall be required or recovered. [2009 c
549 § 4077; 1961 c 15 § 84.64.390. Prior: 1925 ex.s. c 171
§ 7; RRS § 11308-7. Formerly RCW 84.64.390.]
36.35.230 Quieting title to tax-title property—Appellate review. Any person aggrieved by the judgment rendered
in such action may seek appellate review of the part of said
judgment objectionable to him or her in the manner and
within the time prescribed for appeals in RCW 84.64.120.
[2009 c 549 § 4078; 1988 c 202 § 71; 1971 c 81 § 155; 1961
c 15 § 84.64.400. Prior: 1925 ex.s. c 171 § 8; 1925 ex.s. c
130 § 121; RRS § 11308-8; prior: 1903 c 59 § 4; 1897 c 71 §
104; 1893 c 124 § 106. Formerly RCW 84.64.400.]
36.35.230
Additional notes found at www.leg.wa.gov
36.35.240 Quieting title to tax-title property—Effect
of judgment. The judgment rendered in such action, unless
appealed from within the time prescribed herein and upon
final judgment on appeal, shall be conclusive, without the
right of redemption upon and against every person who may
or could claim any lien or any right, title or interest in or to
any of the properties involved in said action, including
minors, insane persons, those convicted of crime, as well as
those free from disability, and against those who may have at
any time attempted to pay any tax on any of the properties,
and against those in actual open and notorious possession of
any of said properties.
Such judgment shall be conclusive as to those who
appeal therefrom, except as to the particular property to
which such appellant laid claim in the action and concerning
which he or she appealed, and shall be conclusive as to those
in possession of any property and who were not served except
as to the property which such person is in the actual, open and
notorious possession of, and in any case where it is asserted
that the judgment was not conclusive because of such possession, the burden of showing such actual, open and notorious
possession shall be on the one asserting such possession.
[2009 c 549 § 4079; 1961 c 15 § 84.64.410. Prior: 1925 ex.s.
c 171 § 9; RRS § 11308-9. Formerly RCW 84.64.410.]
36.35.240
36.35.250 Quieting title to tax-title property—Special assessments payable out of surplus. Nothing in RCW
36.35.160 through 36.35.270 contained shall be construed to
deprive any city, town, or other unit of local government that
imposed special assessments on the property by including the
property in a local improvement or special assessment district
of its right to reimbursement for special assessments out of
any surplus over and above the taxes, interest and costs
involved. [1998 c 106 § 19; 1961 c 15 § 84.64.420. Prior:
1925 ex.s. c 171 § 10; RRS § 11308-10. Formerly RCW
84.64.420.]
36.35.280
part thereof, it shall give to the purchaser a warranty deed in
substantially the following form:
STATE OF WASHINGTON
County of . . . . . . . . . . . . . . .
ss.
This indenture, made this . . . . day of . . . . . .
. . (year) . ., between . . . . . . as treasurer of . . . . . . county,
state of Washington, the party of the first part, and . . . . . .,
party of the second part.
WITNESSETH, THAT WHEREAS, at a public sale of
real property, held on the . . . . day of . . . . . . . . (year) . .,
pursuant to an order of the county legislative authority of
the county of . . . . . ., state of Washington, duly made and
entered, and after having first given due notice of the time
and place and terms of the sale, and, whereas, in pursuance
of the order of the county legislative authority, and of the
laws of the state of Washington, and for and in consideration of the sum of . . . . . . dollars, lawful money of the
United States of America, to me in hand paid, the receipt
whereof is hereby acknowledged, I have this day sold to
. . . . . . the following described real property, and which the
real property is the property of . . . . . . county, and which is
particularly described as follows, to wit:
. . . . . ., the . . . . . . being the highest and best bidder at
the sale, and the sum being the highest and best sum bid at
the sale:
NOW THEREFORE KNOW YE that I, . . . . . . county
treasurer of the county of . . . . . ., state of Washington, in
consideration of the premises and by virtue of the statutes
of the state of Washington, in such cases made and provided, do hereby grant, convey and warrant on behalf of
. . . . . . county unto . . . . . ., his or her heirs and assigns,
forever, the real property hereinbefore described.
Given under my hand and seal of office this . . . . day
of . . . . . . , . . (year) . .
...................
County Treasurer.
By . . . . . . . . . . . . . . . . . . .
Deputy.
[1998 c 106 § 20; 1961 c 15 § 84.64.430. Prior: 1929 c 197 §
1; RRS § 11308-11. Formerly RCW 84.64.430.]
36.35.250
36.35.260 Quieting title to tax-title property—Form
of deed on sale after title quieted. That in all cases where
any county of the state of Washington has perfected title to
real estate owned by the county, under the provisions of
RCW 36.35.160 through 36.35.270 and resells the same or
36.35.260
(2010 Ed.)
36.35.270 Quieting title to tax-title property—Limitation on recovery for breach of warranty. No recovery
for breach of warranty shall be had, against the county executing a deed under the provisions of RCW 36.35.260, in
excess of the purchase price of the land described in such
deed, with interest at the legal rate. [1998 c 106 § 21; 1961 c
15 § 84.64.440. Prior: 1929 c 197 § 2; RRS § 11308-12. Formerly RCW 84.64.440.]
36.35.270
36.35.280 Tax deeds to cities and towns absolute
despite reversionary provision. All sales of tax-title lands
heretofore consummated by any county, to a city or town, for
municipal purposes, or public use, shall be absolute and final,
and transfer title in fee, notwithstanding any reversionary
provision in the tax deed to the contrary; and all tax-title
deeds containing any such reversionary provision shall upon
36.35.280
[Title 36 RCW—page 99]
36.35.290
Title 36 RCW: Counties
application of grantee in interest, be revised to conform with
the provisions herein. [1961 c 15 § 84.64.450. Prior: 1947 c
269 § 1; Rem. Supp. 1947 § 11295-2. Formerly RCW
84.64.450.]
36.35.290 Easements. The general property tax
assessed on any tract, lot, or parcel of real property includes
all easements appurtenant thereto, provided said easements
are a matter of public record in the auditor’s office of the
county in which said real property is situated. Any foreclosure of delinquent taxes on any tract, lot or parcel of real
property subject to such easement or easements, and any tax
deed issued pursuant thereto shall be subject to such easement or easements, provided such easement or easements
were established of record prior to the year for which the tax
was foreclosed. [1961 c 15 § 84.64.460. Prior: 1959 c 129 §
1. Formerly RCW 84.64.460.]
36.35.290
Chapter 36.36
Chapter 36.36 RCW
AQUIFER PROTECTION AREAS
Sections
36.36.010
36.36.020
36.36.030
36.36.035
36.36.040
36.36.045
36.36.050
36.36.900
Purpose.
Creation of aquifer protection area—Public hearing—Ballot
proposition.
Imposition of fees—Ballot proposition to authorize increased
fees or additional purposes.
Reduced fees for low-income persons.
Use of fee revenues.
Lien for delinquent fees.
Dissolution of aquifer protection area—Petition—Ballot proposition.
Severability—1985 c 425.
Assessments and charges against state lands: Chapter 79.44 RCW.
36.36.010 Purpose. The protection of subterranean
water from pollution or degradation is of great concern. The
depletion of subterranean water is of great concern. The purpose of this chapter is to allow the creation of aquifer protection areas to finance the protection, preservation, and rehabilitation of subterranean water, and to reduce special assessments imposed upon households to finance facilities for such
purposes. Pollution and degradation of subterranean drinking
water supplies, and the depletion of subterranean drinking
water supplies, pose immediate threats to the safety and welfare of the citizens of this state. [1991 c 151 § 1; 1985 c 425
§ 1.]
36.36.010
36.36.020 Creation of aquifer protection area—Public hearing—Ballot proposition. The county legislative
authority of a county may create one or more aquifer protection areas for the purpose of funding the protection, preservation, and rehabilitation of subterranean water.
When a county legislative authority proposes to create an
aquifer protection area it shall conduct a public hearing on the
proposal. Notice of the public hearing shall be published at
least once, not less than ten days prior to the hearing, in a
newspaper of general circulation within the proposed aquifer
protection area. The public hearing may be continued to other
times, dates, and places announced at the public hearing,
without publication of the notice. At the public hearing, the
county legislative authority shall hear objections and com36.36.020
[Title 36 RCW—page 100]
ments from anyone interested in the proposed aquifer protection area.
After the public hearing, the county legislative authority
may adopt a resolution causing a ballot proposition to be submitted to the registered voters residing within the proposed
aquifer protection area to authorize the creation of the aquifer
protection area, if the county legislative authority finds that
the creation of the aquifer protection area would be in the
public interest. The resolution shall: (1) Describe the boundaries of the proposed aquifer protection area; (2) find that its
creation is in the public interest; (3) state the maximum level
of fees for the withdrawal of water, or on-site sewage disposal, occurring in the aquifer protection area, or both; and
(4) describe the uses for the fees.
An aquifer protection area shall be created by ordinances
of the county if the voters residing in the proposed aquifer
protection area approve the ballot proposition by a simple
majority vote. The ballot proposition shall be in substantially
the following form:
"Shall the . . . (insert the name) aquifer protection
area be created and authorized to impose monthly
fees on . . . (insert "the withdrawal of water" or "onsite sewage disposal") of not to exceed . . . (insert a
dollar amount) per household unit for up to . . .
(insert a number of years) to finance . . . (insert the
type of activities proposed to be financed)?
Yes . . . . . . . .
No . . . . . . . ."
If both types of monthly fees are proposed to be imposed,
maximum rates for each shall be included in the ballot proposition.
An aquifer protection area may not include territory
located within a city or town without the approval of the city
or town governing body, nor may it include territory located
in the unincorporated area of another county without the
approval of the county legislative authority of that county.
[1985 c 425 § 2.]
36.36.030 Imposition of fees—Ballot proposition to
authorize increased fees or additional purposes. Aquifer
protection areas are authorized to impose fees on the withdrawal of subterranean water and on on-site sewage disposal.
The fees shall be expressed as a dollar amount per household
unit. Fees imposed for the withdrawal of water, or on-site
sewage disposal, other than by households shall be expressed
and imposed in equivalents of household units. If both types
of fees are imposed, the rate imposed on on-site sewage disposal shall not exceed the rate imposed for the withdrawal of
water.
No fees shall be imposed in excess of the amount authorized by the voters of the aquifer protection area. Fees shall
only be used for the activity or activities authorized by the
voters of the aquifer protection area. Ballot propositions may
be submitted to the voters of an aquifer protection area to
authorize a higher maximum level of such fees or to authorize
additional activities for which the fees may be used. Such a
ballot proposition shall be substantially in the form of that
portion of the proposition to authorize the creation of an aquifer protection district that relates to fees or activities, as pro36.36.030
(2010 Ed.)
Agricultural Fairs and Poultry Shows
vided in RCW 36.36.020. Approval of the ballot proposition
by simple majority vote shall authorize the higher maximum
level of fees or additional activities for which the fees may be
used.
A county may contract with existing public utilities to
collect the fees, or collect the fees itself. [1985 c 425 § 3.]
36.36.035 Reduced fees for low-income persons. A
county may adopt an ordinance reducing the level of fees, for
the withdrawal of subterranean water or for on-site sewage
disposal, that are imposed upon the residential property of a
class or classes of low-income persons. [1987 c 381 § 1.]
36.36.035
36.36.040 Use of fee revenues. Aquifer protection
areas may impose fees to fund:
(1) The preparation of a comprehensive plan to protect,
preserve, and rehabilitate subterranean water, including
groundwater management programs adopted under chapter
90.44 RCW. This plan may be prepared as a portion of a
county sewerage and/or water general plan pursuant to RCW
36.94.030;
(2) The construction of facilities for: (a) The removal of
water-borne pollution; (b) water quality improvement; (c)
sanitary sewage collection, disposal, and treatment; (d) storm
water or surface water drainage collection, disposal, and
treatment; and (e) the construction of public water systems;
(3) The proportionate reduction of special assessments
imposed by a county, city, town, or special district in the
aquifer protection area for any of the facilities described in
subsection (2) of this section;
(4) The costs of monitoring and inspecting on-site sewage disposal systems or community sewage disposal systems
for compliance with applicable standards and rules, and for
enforcing compliance with these applicable standards and
rules in aquifer protection areas created after June 9, 1988;
and
(5) The costs of: (a) Monitoring the quality and quantity
of subterranean water and analyzing data that is collected; (b)
ongoing implementation of the comprehensive plan developed under subsection (1) of this section; (c) enforcing compliance with standards and rules relating to the quality and
quantity of subterranean waters; and (d) public education
relating to protecting, preserving, and enhancing subterranean waters. [1991 c 151 § 2; 1988 c 258 § 1; 1985 c 425 §
4.]
36.36.040
36.36.045 Lien for delinquent fees. The county shall
have a lien for any delinquent fees imposed for the withdrawal of subterranean water or on-site sewage disposal,
which shall attach to the property to which the fees were
imposed, if the following conditions are met:
(1) At least eighteen months have passed since the first
billing for a delinquent fee installment; and
(2) At least three billing notices and a letter have been
mailed to the property owner, within the period specified in
subsection (1) of this section, explaining that a lien may be
imposed for any delinquent fee installment that has not been
paid in that period.
The lien shall otherwise be subject to the provisions of
chapter 36.94 RCW related to liens for delinquent charges.
36.36.045
(2010 Ed.)
36.37.020
The county shall record liens for any delinquent fees in the
office of the county auditor. Failure on the part of the county
to record the lien does not affect the validity of the lien.
[1997 c 393 § 6; 1987 c 381 § 2.]
36.36.050 Dissolution of aquifer protection area—
Petition—Ballot proposition. A county legislative authority may dissolve an aquifer protection area upon a finding
that such dissolution is in the public interest.
A ballot proposition to dissolve an aquifer protection district shall be placed on the ballot for the approval or rejection
of the voters residing in an aquifer protection area, when a
petition requesting such a ballot proposition is signed by at
least twenty percent of the voters residing in the aquifer protection area and is filed with the county legislative authority
of the county originally creating the aquifer protection area.
The ballot proposition shall be placed on the ballot at the next
general election occurring sixty or more days after the petition has been filed. Approval of the ballot proposition by a
simple majority vote shall cause the dissolution of the aquifer
protection area. [1985 c 425 § 5.]
36.36.050
36.36.900 Severability—1985 c 425. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 425 § 7.]
36.36.900
Chapter 36.37 RCW
AGRICULTURAL FAIRS AND POULTRY SHOWS
Chapter 36.37
Sections
36.37.010
36.37.020
36.37.040
36.37.050
36.37.090
36.37.100
36.37.110
36.37.150
36.37.160
Fairs authorized—Declared county purpose.
Property may be acquired for fairs.
Expenditure of funds—Revolving fund—Management of
fairs.
District or multiple county fairs authorized.
Poultry shows—Petition—Appropriation.
Poultry shows—Open to public—Admission charge.
Poultry shows—Conduct of shows.
Lease of state-owned lands for county fairgrounds.
Lease of state-owned lands for county fairgrounds—Lands
adjacent to Northern State Hospital.
36.37.010 Fairs authorized—Declared county purpose. The holding of county fairs and agricultural exhibitions of stock, cereals, and agricultural produce of all kinds,
including dairy produce, as well as arts and manufactures, by
any county in the state, and the participation by any county in
a district fair or agricultural exhibition, is declared to be in the
interest of public good and a strictly county purpose. [1963 c
4 § 36.37.010. Prior: 1947 c 184 § 1; 1917 c 32 § 1; Rem.
Supp. 1947 § 2750.]
36.37.010
36.37.020 Property may be acquired for fairs. The
board of county commissioners of any county in the state
may acquire by gift, devise, purchase, condemnation and purchase, or otherwise, lands, property rights, leases, easements,
and all kinds of personal property and own and hold the same
and construct and maintain temporary or permanent improvements suitable and necessary for the purpose of holding and
maintaining county or district fairs for the exhibition of
county or district resources and products. [1963 c 4 §
36.37.020
[Title 36 RCW—page 101]
36.37.040
Title 36 RCW: Counties
36.37.020. Prior: 1947 c 184 § 2; 1917 c 32 § 2; Rem. Supp.
1947 § 2751.]
36.37.040 Expenditure of funds—Revolving fund—
Management of fairs. The board of county commissioners
of any county may appropriate and expend each year such
sums of money as they deem advisable and necessary for (1)
acquisition of necessary grounds for fairs and world fairs, (2)
construction, improvement and maintenance of buildings
thereon, (3) payment of fair premiums, and (4) the general
maintenance of such fair. The board of county commissioners
of any county may also authorize the county auditor to provide a revolving fund to be used by the fair officials for the
conduct of the fair. The board of county commissioners may
employ persons to assist in the management of fairs or by resolution designate a nonprofit corporation as the exclusive
agency to operate and manage such fairs. [1963 c 4 §
36.37.040. Prior: 1957 c 124 § 1; 1955 c 297 § 1; prior: (i)
1947 c 184 § 3; 1943 c 101 § 1; 1923 c 83 § 2; Rem. Supp.
1947 § 2753 1/2. (ii) 1923 c 83 § 1; 1917 c 32 § 4; RRS §
2753.]
36.37.040
36.37.050 District or multiple county fairs authorized. Each county is authorized to hold one county fair in
each year, or, as an alternative, to participate with any other
county or counties in the holding of a district fair. Where
counties participate in the holding of a district fair, the boards
of county commissioners of each of participating counties
may enter into mutual agreements setting forth the manner
and extent of the participation by each county in the management and support of the district fair, subject to the limitations
imposed on each respective county by the provisions of this
chapter. [1963 c 4 § 36.37.050. Prior: 1947 c 184 § 4; Rem.
Supp. 1947 § 2753a.]
36.37.050
36.37.090 Poultry shows—Petition—Appropriation. Upon petition of twenty-five resident taxpayers of any
county who are interested in the poultry industry, the board of
county commissioners may set aside and include in its annual
budget a sum equivalent to five percent of the assessed valuation of poultry in the county each year for the purpose of
holding winter poultry shows, the said sum not to exceed five
hundred dollars in any one year. [1963 c 4 § 36.37.090. Prior:
1929 c 109 § 1; RRS § 2755-1.]
36.37.090
36.37.100 Poultry shows—Open to public—Admission charge. All poultry shows shall be open to the public.
Such admission charge may be made as is authorized by the
board of county commissioners. [1963 c 4 § 36.37.100.
Prior: 1929 c 109 § 2; RRS § 2755-2.]
36.37.100
36.37.110 Poultry shows—Conduct of shows. All
such poultry shows shall be held under the rules of the American Poultry Association and only licensed poultry judges
shall be employed thereat. [1963 c 4 § 36.37.110. Prior:
1929 c 109 § 3; RRS § 2755-3.]
36.37.110
36.37.150 Lease of state-owned lands for county fairgrounds. If requested by a county legislative authority, an
agency of the state managing state-owned lands, other than
36.37.150
[Title 36 RCW—page 102]
state trust lands, shall consider leasing a requested portion of
these lands that are not used for any significant purpose and
if not otherwise prohibited, to the county to be used as county
fairgrounds. If it is determined that such a lease shall be
made, the agency in setting lease charges shall consider the
fair market return for leasing the land, the public benefit for
leasing the land to the county for county fair purposes at a
level below the fair market return, and other appropriate factors. [1986 c 307 § 3.]
Intent—1986 c 307: "The legislature finds that county fairs provide
unique educational opportunities to the people of this state and are a public
purpose. By helping counties acquire lands for county fairs, the legislature
intends to preserve and enhance the educational opportunities of the people
of this state." [1986 c 307 § 1.]
36.37.160 Lease of state-owned lands for county fairgrounds—Lands adjacent to Northern State Hospital. If
requested by a county legislative authority, the department of
natural resources shall negotiate a lease for any requested
portion of the state lands directly adjacent to buildings on the
Northern State Hospital site that were transferred to the
department under chapter 178, Laws of 1974 ex. sess., if not
otherwise prohibited, to the county to use for the purpose of
establishing county fairgrounds. However, the portion to be
leased shall be contiguous and compact, of an area not to
exceed two hundred fifty acres and shall be segregated in
such a manner that the remaining portion of these state lands
can be efficiently managed by the department. The lease shall
be for as long as the county is actually using the land as the
site of the county fairgrounds. Notwithstanding chapter 178,
Laws of 1974 ex. sess., the department shall charge the
county the sum of one thousand dollars per year for the lease
of such lands and this sum may be periodically adjusted to
compensate the department for any increased costs in administration of the lease. The lease shall contain provisions
directing payment of all assessments and authorizing the
county to place any improvements on the leased lands if the
improvements are consistent with the purposes of county
fairs. [1986 c 307 § 2.]
36.37.160
Intent—1986 c 307: See note following RCW 36.37.150.
Chapter 36.38
Chapter 36.38 RCW
ADMISSIONS TAX
Sections
36.38.010
36.38.020
36.38.030
36.38.040
Taxes authorized—Exception as to schools.
Optional provisions in ordinance.
Form of ordinance.
Vehicle parking charges tax—Parking facility at stadium and
exhibition center—Use of revenues before and after issuance
of bonds.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
36.38.010 Taxes authorized—Exception as to
schools. (1) Any county may by ordinance enacted by its
county legislative authority, levy and fix a tax of not more
than one cent on twenty cents or fraction thereof to be paid
for county purposes by persons who pay an admission charge
to any place, including a tax on persons who are admitted free
of charge or at reduced rates to any place for which other persons pay a charge or a regular higher charge for the same or
similar privileges or accommodations; and require that one
36.38.010
(2010 Ed.)
Admissions Tax
who receives any admission charge to any place shall collect
and remit the tax to the county treasurer of the county: PROVIDED, No county shall impose such tax on persons paying
an admission to any activity of any elementary or secondary
school or any public facility of a public facility district under
chapter 35.57 or 36.100 RCW for which a tax is imposed
under RCW 35.57.100 or 36.100.210.
(2) As used in this chapter, the term "admission charge"
includes a charge made for season tickets or subscriptions, a
cover charge, or a charge made for use of seats and tables,
reserved or otherwise, and other similar accommodations; a
charge made for food and refreshments in any place where
any free entertainment, recreation, or amusement is provided;
a charge made for rental or use of equipment or facilities for
purpose of recreation or amusement, and where the rental of
the equipment or facilities is necessary to the enjoyment of a
privilege for which a general admission is charged, the combined charges shall be considered as the admission charge. It
shall also include any automobile parking charge where the
amount of such charge is determined according to the number
of passengers in any automobile.
(3) Subject to subsections (4) and (5) of this section, the
tax herein authorized shall not be exclusive and shall not prevent any city or town within the taxing county, when authorized by law, from imposing within its corporate limits a tax
of the same or similar kind: PROVIDED, That whenever the
same or similar kind of tax is imposed by any such city or
town, no such tax shall be levied within the corporate limits
of such city or town by the county.
(4) Notwithstanding subsection (3) of this section, the
legislative authority of a county with a population of one million or more may exclusively levy taxes on events in baseball
stadiums constructed on or after January 1, 1995, that are
owned by a public facilities district under chapter 36.100
RCW and that have seating capacities over forty thousand at
the rates of:
(a) Not more than one cent on twenty cents or fraction
thereof, to be used for the purpose of paying the principal and
interest payments on bonds issued by a county to construct a
baseball stadium as defined in RCW 82.14.0485. If the revenue from the tax exceeds the amount needed for that purpose,
the excess shall be placed in a contingency fund which may
only be used to pay unanticipated capital costs on the baseball
stadium, excluding any cost overruns on initial construction;
and
(b) Not more than one cent on twenty cents or fraction
thereof, to be used for the purpose of paying the principal and
interest payments on bonds issued by a county to construct a
baseball stadium as defined in RCW 82.14.0485. The tax
imposed under this subsection (4)(b) shall expire when the
bonds issued for the construction of the baseball stadium are
retired, but not later than twenty years after the tax is first collected.
(5) Notwithstanding subsection (3) of this section, the
legislative authority of a county that has created a public stadium authority to develop a stadium and exhibition center
under RCW 36.102.050 may levy and fix a tax on charges for
admission to events in a stadium and exhibition center, as
defined in RCW 36.102.010, constructed in the county on or
after January 1, 1998, that is owned by a public stadium
authority under chapter 36.102 RCW. The tax shall be exclu(2010 Ed.)
36.38.020
sive and shall preclude the city or town within which the stadium and exhibition center is located from imposing a tax of
the same or similar kind on charges for admission to events in
the stadium and exhibition center, and shall preclude the
imposition of a general county admissions tax on charges for
admission to events in the stadium and exhibition center. For
the purposes of this subsection, "charges for admission to
events" means only the actual admission charge, exclusive of
taxes and service charges and the value of any other benefit
conferred by the admission. The tax authorized under this
subsection shall be at the rate of not more than one cent on ten
cents or fraction thereof. Revenues collected under this subsection shall be deposited in the stadium and exhibition center account under RCW 43.99N.060 until the bonds issued
under RCW 43.99N.020 for the construction of the stadium
and exhibition center are retired. After the bonds issued for
the construction of the stadium and exhibition center are
retired, the tax authorized under this section shall be used
exclusively to fund repair, reequipping, and capital improvement of the stadium and exhibition center. The tax under this
subsection may be levied upon the first use of any part of the
stadium and exhibition center but shall not be collected at any
facility already in operation as of July 17, 1997. [1999 c 165
§ 20; 1997 c 220 § 301 (Referendum Bill No. 48, approved
June 17, 1997); 1995 3rd sp.s. c 1 § 203; 1995 1st sp.s. c 14 §
9; 1963 c 4 § 36.38.010. Prior: 1957 c 126 § 2; 1951 c 34 §
1; 1943 c 269 § 1; Rem. Supp. 1943 § 11241-10.]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Additional notes found at www.leg.wa.gov
36.38.020 Optional provisions in ordinance. In addition to the provisions levying and fixing the amount of tax,
the ordinance may contain any or all of the following provisions:
(1) A provision defining the words and terms used
therein;
(2) A provision requiring the price (exclusive of the tax
to be paid by the person paying for admission) at which every
admission ticket or card is sold to be conspicuously and
indelibly printed or written on the face or back of that part of
the ticket which is to be taken up by the management of the
place for which an admission charge is exacted, and making
the violation of such provision a misdemeanor punishable by
fine of not exceeding one hundred dollars;
(3) Provisions fixing reasonable exemptions from such
tax;
(4) Provisions allowing as an offset against the tax, the
amount of like taxes levied, fixed, and collected within their
jurisdiction by incorporated cities and towns in the county;
(5) A provision requiring persons receiving payments for
admissions taxed under said ordinance to collect the amount
of the tax from the persons making such payments;
(6) A provision to the effect that the tax imposed by said
ordinance shall be deemed to be held in trust by the person
required to collect the same until paid to the county treasurer,
and making it a misdemeanor for any person receiving payment of the tax and appropriating or converting the same to
his or her own use or to any use other than the payment of the
36.38.020
[Title 36 RCW—page 103]
36.38.030
Title 36 RCW: Counties
tax as provided in said ordinance to the extent that the amount
of such tax is not available for payment on the due date for
filing returns as provided in said ordinance;
(7) A provision that in case any person required by the
ordinance to collect the tax imposed thereby fails to collect
the same, or having collected the tax fails to pay the same to
the county treasurer in the manner prescribed by the ordinance, whether such failure is the result of such person’s own
acts or the result of acts or conditions beyond such person’s
control, such person shall nevertheless be personally liable to
the county for the amount of the tax;
(8) Provisions fixing the time when the taxes imposed by
the ordinance shall be due and payable to the county treasurer; requiring persons receiving payments for admissions to
make periodic returns to the county treasurer on such forms
and setting forth such information as the county treasurer
may specify; requiring such return to show the amount of tax
upon admissions for which such person is liable for specified
preceding periods, and requiring such person to sign and
transmit the same to the county treasurer together with a
remittance for the amount;
(9) A provision requiring taxpayers to file with the
county treasurer verified annual returns setting forth such
additional information as he or she may deem necessary to
determine tax liability correctly;
(10) A provision to the effect that whenever a certificate
of registration, if required by the ordinance, is obtained for
operating or conducting temporary places of amusement by
persons who are not the owners, lessees, or custodians of the
building, lot or place where the amusement is to be conducted, or whenever the business is permitted to be conducted without the procurement of a certificate, the tax
imposed shall be returned and paid as provided in the ordinance by such owner, lessee, or custodian, unless paid by the
person conducting the place of amusement;
(11) A provision requiring the applicant for a temporary
certificate of registration, if required by the ordinance, to furnish with the application therefor, the name and address of
the owner, lessee, or custodian of the premises upon which
the amusement is to be conducted, and requiring the county
treasurer to notify such owner, lessee, or custodian of the
issuance of any such temporary certificate, and of the joint
liability for such tax;
(12) A provision empowering the county treasurer to
declare the tax upon temporary or itinerant places of amusement to be immediately due and payable and to collect the
same, when he or she believes there is a possibility that the
tax imposed under the ordinance will not be otherwise paid;
(13) Any or all of the applicable general administrative
provisions contained in RCW 82.32.010 through 82.32.340
and 82.32.380, and the amendments thereto, except that
unless otherwise indicated by the context of said sections, in
all provisions so incorporated in such ordinance (a) the term
"county treasurer" (of the county enacting said ordinance)
shall be substituted for each reference made in said sections
to the "department," the "department of revenue," "any
employee of the department," or "director of the department
of revenue"; (b) the name of the county enacting such ordinance shall be substituted for each reference made in said
sections to the "state" or to the "state of Washington"; (c) the
term "this ordinance" shall be substituted for each reference
[Title 36 RCW—page 104]
made in said sections to "this chapter"; (d) the name of the
county enacting said ordinance shall be substituted for each
reference made in said sections to "Thurston county"; and (e)
the term "board of county commissioners" shall be substituted for each reference made in said sections to the "director
of financial management." [2009 c 549 § 4080; 1979 c 151 §
38; 1975 1st ex.s. c 278 § 21; 1963 c 4 § 36.38.020. Prior:
1943 c 269 § 3; Rem. Supp. 1943 § 11241-12.]
Additional notes found at www.leg.wa.gov
36.38.030
36.38.030 Form of ordinance. The ordinance levying
and fixing the tax shall be headed by a title expressing the
subject thereof, and the style of the ordinance shall be: "Be it
ordained by the Board of County Commissioners of . . . . . .
County, State of Washington." The ordinance shall be
enacted by a majority vote of the board at a regular meeting
thereof, and only after the form of such ordinance as ultimately enacted has been on file with the clerk of the board
and open to public inspection for not less than ten days. The
ordinance shall not become effective until thirty days following its enactment, and within five days following its enactment it shall be printed and published in a newspaper of general circulation in the county. The ordinance shall be signed
by a majority of the board, attested by the clerk of the board,
and shall be duly entered and recorded in the book wherein
orders of the board are entered and recorded. The ordinance
may be at any time amended or repealed by an ordinance
enacted, published, and recorded in the same manner. [1963
c 4 § 36.38.030. Prior: 1943 c 269 § 2; Rem. Supp. 1943 §
11241-11.]
36.38.040
36.38.040 Vehicle parking charges tax—Parking
facility at stadium and exhibition center—Use of revenues
before and after issuance of bonds. The legislative authority of a county that has created a public stadium authority to
develop a stadium and exhibition center under RCW
36.102.050 may levy and fix a tax on any vehicle parking
charges imposed at any parking facility that is part of a stadium and exhibition center, as defined in RCW 36.102.010.
The tax shall be exclusive and shall preclude the city or town
within which the stadium and exhibition center is located
from imposing within its corporate limits a tax of the same or
similar kind on any vehicle parking charges imposed at any
parking facility that is part of a stadium and exhibition center.
For the purposes of this section, "vehicle parking charges"
means only the actual parking charges exclusive of taxes and
service charges and the value of any other benefit conferred.
The tax authorized under this section shall be at the rate of not
more than ten percent. Revenues collected under this section
shall be deposited in the stadium and exhibition center
account under RCW 43.99N.060 until the bonds issued under
RCW 43.99N.020 for the construction of the stadium and
exhibition center are retired. After the bonds issued for the
construction of the stadium and exhibition center are retired,
the tax authorized under this section shall be used exclusively
to fund repair, reequipping, and capital improvement of the
stadium and exhibition center. The tax under this section may
be levied upon the first use of any part of the stadium and
exhibition center but shall not be collected at any facility
(2010 Ed.)
Assistance and Relief
already in operation as of July 17, 1997. [1997 c 220 § 302
(Referendum Bill No. 48, approved June 17, 1997).]
Referendum—Other legislation limited—Legislator’s personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Additional notes found at www.leg.wa.gov
Chapter 36.39
Chapter 36.39 RCW
ASSISTANCE AND RELIEF
Sections
36.39.010
36.39.030
36.39.040
36.39.050
36.39.060
Public assistance.
Disposal of remains of indigent persons.
Federal surplus commodities—County expenses—Handling
commodities for certified persons—County program, cooperative program.
Federal surplus commodities—Certification of persons by
department of social and health services.
Senior citizens programs—Long-term care ombudsman programs—Authorization.
Burial of indigent war veterans: Chapter 73.24 RCW.
36.40.010
and towns, to establish and administer senior citizens programs either directly or by creating public corporations or
authorities to carry out the programs and to expend their own
funds for such purposes, as well as to expend federal, state, or
private funds that are made available for such purposes. Such
federal funds shall include, but not be limited to, funds provided under the federal older Americans act, as amended (42
U.S.C. Sec. 3001 et seq.).
(2) Counties, cities, and towns may establish and administer long-term care ombudsman programs for residents,
patients, and clients if such a program is not prohibited by
federal or state law. Such local ombudsman programs shall
be coordinated with the efforts of other long-term care
ombudsman programs, including the office of the state longterm care ombudsman established in RCW 43.190.030, to
avoid multiple investigation of complaints. [1983 c 290 § 13;
1979 c 109 § 1.]
Additional notes found at www.leg.wa.gov
Chapter 36.40
Housing authorities law: Chapter 35.82 RCW.
Veterans’ relief: Chapter 73.08 RCW.
Chapter 36.40 RCW
BUDGET
Sections
36.39.010 Public assistance. Public assistance generally, see Title 74 RCW.
36.39.010
36.39.030 Disposal of remains of indigent persons.
The board of county commissioners of any county shall provide for the disposition of the remains of any indigent person
including a recipient of public assistance who dies within the
county and whose body is unclaimed by relatives or church
organization. [1963 c 4 § 36.39.030. Prior: 1953 c 224 § 1;
1951 c 258 § 1.]
36.39.030
36.39.040 Federal surplus commodities—County
expenses—Handling commodities for certified persons—
County program, cooperative program. The county commissioners of any county may expend from the county general fund for the purpose of receiving, warehousing and distributing federal surplus commodities for the use of or assistance to recipients of public assistance or other needy
families and individuals when such recipients, families or
individuals are certified as eligible to obtain such commodities by the state department of social and health services. The
county commissioners may expend county general fund moneys to carry out any such program as a sole county operation
or in conjunction or cooperation with any similar program of
distribution by private individuals or organizations, any
department of the state, or any political subdivision of the
state. [1979 c 141 § 43; 1963 c 4 § 36.39.040. Prior: 1957 c
187 § 5.]
36.39.040
36.39.050 Federal surplus commodities—Certification of persons by department of social and health services. See RCW 74.04.340 through 74.04.360.
36.39.050
36.39.060 Senior citizens programs—Long-term
care ombudsman programs—Authorization. (1) Counties, cities, and towns are granted the authority, and it is
hereby declared to be a public purpose for counties, cities,
36.39.060
(2010 Ed.)
36.40.010
36.40.020
36.40.030
36.40.040
36.40.050
36.40.060
36.40.070
36.40.071
36.40.080
36.40.090
36.40.100
36.40.120
36.40.130
36.40.140
36.40.150
36.40.160
36.40.170
36.40.180
36.40.190
36.40.195
36.40.200
36.40.205
36.40.210
36.40.220
36.40.230
36.40.240
36.40.250
Estimates to be filed by county officials.
Commissioners to file road and bridge estimate and estimate of
future bond expenditures.
Forms of estimates—Penalty for delay.
Preliminary budget.
Revision by county commissioners.
Notice of hearing on budget.
Budget hearing.
Budget hearing—Alternate date for budget hearing.
Final budget to be fixed.
Taxes to be levied.
Budget constitutes appropriations—Transfers—Supplemental
appropriations.
Limitation on use of borrowed money.
Excess of expenditures, liability.
Emergencies subject to hearing.
Emergencies subject to hearing—Right of taxpayer to review
order.
Emergencies subject to hearing—Petition for review suspends
order.
Emergencies subject to hearing—Court’s power on review.
Emergencies subject to hearing—Nondebatable emergencies.
Payment of emergency warrants.
Supplemental appropriations of unanticipated funds from local
sources.
Lapse of budget appropriations.
Salary adjustment for county legislative authority office—Ratification and validation of preelection action.
Monthly report.
Rules, classifications, and forms.
No new funds created.
Penalty.
Biennial budgets—Supplemental and emergency budgets.
County road property tax revenues, budgeting of for services: RCW
36.33.220.
Flood control zone district budget as affecting: RCW 86.15.140.
Juvenile detention facilities, budget allocation may be used for: RCW
13.16.080.
Metropolitan municipal corporation costs in: RCW 35.58.420.
36.40.010 Estimates to be filed by county officials.
On or before the second Monday in July of each year, the
county auditor or chief financial officer designated in a charter county shall notify in writing each county official, elective
or appointive, in charge of an office, department, service, or
institution of the county, to file with him or her on or before
36.40.010
[Title 36 RCW—page 105]
36.40.020
Title 36 RCW: Counties
the second Monday in August thereafter detailed and itemized estimates, both of the probable revenues from sources
other than taxation, and of all expenditures required by such
office, department, service, or institution for the ensuing fiscal year. [2009 c 337 § 6; 1963 c 4 § 36.40.010. Prior: 1923
c 164 § 1, part; RRS § 3997-1, part.]
36.40.020 Commissioners to file road and bridge estimate and estimate of future bond expenditures. The
county commissioners shall submit to the auditor a detailed
statement showing all new road and bridge construction to be
financed from the county road fund, and from bond issues
theretofore issued, if any, for the ensuing fiscal year, together
with the cost thereof as computed by the county road engineer or for constructions in charge of a special engineer, then
by such engineer, and such engineer shall prepare such estimates of cost for the county commissioners. They shall also
submit a similar statement showing the road and bridge maintenance program, as near as can be estimated.
The county commissioners shall also submit to the auditor detailed estimates of all expenditures for construction or
improvement purposes proposed to be made from the proceeds of bonds or warrants not yet authorized. [1963 c 4 §
36.40.020. Prior: 1923 c 164 § 1, part; RRS § 3997-1, part.]
36.40.020
36.40.030 Forms of estimates—Penalty for delay.
The estimates required in RCW 36.40.010 and 36.40.020
shall be submitted on forms provided by the county auditor or
chief financial officer designated in a charter county and classified according to the classification established by the state
auditor. The county auditor or chief financial officer designated in a charter county shall provide such forms. He or she
shall also prepare the estimates for interest and debt redemption requirements and any other estimates the preparation of
which properly falls within the duties of his or her office.
Each such official shall file his or her estimates within
the time and in the manner provided in the notice and form
and the county auditor or chief financial officer designated in
a charter county may deduct and withhold as a penalty from
the salary of each official failing or refusing to file such estimates as herein provided, the sum of fifty dollars for each day
of delay: PROVIDED, That the total penalty against any one
official shall not exceed two hundred fifty dollars in any one
year.
In the absence or disability of any official the duties
required herein shall devolve upon the official or employee in
charge of the office, department, service, or institution for the
time being. The notice shall contain a copy of this penalty
clause. [2009 c 337 § 7; 1995 c 301 § 62; 1963 c 4 §
36.40.030. Prior: 1923 c 164 § 1, part; RRS § 3997-1, part.]
36.40.030
36.40.040 Preliminary budget. Upon receipt of the
estimates the county auditor or chief financial officer designated in a charter county shall prepare the county budget
which shall set forth the complete financial program of the
county for the ensuing fiscal year, showing the expenditure
program and the sources of revenue by which it is to be
financed.
The revenue section shall set forth the estimated receipts
from sources other than taxation for each office, department,
36.40.040
[Title 36 RCW—page 106]
service, or institution for the ensuing fiscal year, the actual
receipts for the first six months of the current fiscal year and
the actual receipts for the last completed fiscal year, the estimated surplus at the close of the current fiscal year and the
amount proposed to be raised by taxation.
The expenditure section shall set forth in comparative
and tabular form by offices, departments, services, and institutions the estimated expenditures for the ensuing fiscal year,
the appropriations for the current fiscal year, the actual
expenditures for the first six months of the current fiscal year
including all contracts or other obligations against current
appropriations, and the actual expenditures for the last completed fiscal year.
All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall
be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state
auditor after consultation with the Washington state association of counties and the Washington state association of
county officials.
The county auditor or chief financial officer designated
in a charter county shall set forth separately in the annual
budget to be submitted to the county legislative authority the
total amount of emergency warrants issued during the preceding fiscal year, together with a statement showing the
amount issued for each emergency, and the legislative
authority shall include in the annual tax levy, a levy sufficient
to raise an amount equal to the total of such warrants: PROVIDED, That the legislative authority may fund the warrants
or any part thereof into bonds instead of including them in the
budget levy. [2009 c 337 § 8. Prior: 1995 c 301 § 63; 1995
c 194 § 7; 1973 c 39 § 1; prior: 1971 ex.s. c 85 § 4; 1969 ex.s.
c 252 § 1; 1963 c 4 § 36.40.040; prior: (i) 1923 c 164 § 2;
RRS § 3997-2. (ii) 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6,
part; RRS § 3997-6, part.]
36.40.050 Revision by county commissioners. The
budget shall be submitted by the auditor or chief financial
officer designated in a charter county to the board of county
commissioners on or before the first Tuesday in September of
each year. The board shall thereupon consider the same in
detail, making any revisions or additions it deems advisable.
[2009 c 337 § 9; 1963 c 4 § 36.40.050. Prior: 1923 c 164 §
3, part; RRS § 3997-3, part.]
36.40.050
36.40.060 Notice of hearing on budget. The county
legislative authority shall then publish a notice stating that it
has completed and placed on file its preliminary budget for
the county for the ensuing fiscal year, a copy of which will be
furnished any citizen who will call at its office for it, and that
it will meet on the first Monday in October thereafter for the
purpose of fixing the final budget and making tax levies, designating the time and place of the meeting, and that any taxpayer may appear thereat and be heard for or against any part
of the budget. The notice shall be published once each week
for two consecutive weeks immediately following adoption
of the preliminary budget in the official newspaper of the
county. The county legislative authority shall provide a sufficient number of copies of the detailed and comparative preliminary budget to meet the reasonable demands of taxpayers
36.40.060
(2010 Ed.)
Budget
therefor and the same shall be available for distribution not
later than two weeks immediately preceding the first Monday
in October. [1985 c 469 § 47; 1963 c 4 § 36.40.060. Prior:
1923 c 164 § 3, part; RRS § 3997-3, part.]
36.40.070 Budget hearing. On the first Monday in
October in each year the board of county commissioners shall
meet at the time and place designated in the notice, whereat
any taxpayer may appear and be heard for or against any part
of the budget. The hearing may be continued from day to day
until concluded but not to exceed a total of five days. The
officials in charge of the several offices, departments, services, and institutions shall, at the time the estimates for their
respective offices, departments, services or institutions are
under consideration be called in and appear before such hearing by the board at the request of any taxpayer and may be
questioned concerning such estimates by the commissioners
or any taxpayer present. [1963 c 4 § 36.40.070. Prior: 1943
c 145 § 1, part; 1941 c 99 § 1, part; 1923 c 164 § 4, part; Rem.
Supp. 1943 § 3997-4, part.]
36.40.070
36.40.071 Budget hearing—Alternate date for budget hearing. Notwithstanding any provision of law to the
contrary, the board of county commissioners may meet for
the purpose of holding a budget hearing, provided for in
RCW 36.40.070, on the first Monday in December. The
board of county commissioners may also set other dates relating to the budget process, including but not limited to the
dates set in RCW 36.40.010, 36.40.050, and 36.81.130 to
conform to the alternate date for the budget hearing. [1971
ex.s. c 136 § 1.]
36.40.071
36.40.080 Final budget to be fixed. Upon the conclusion of the budget hearing the county legislative authority
shall fix and determine each item of the budget separately and
shall by resolution adopt the budget as so finally determined
and enter the same in detail in the official minutes of the
board, a copy of which budget shall be forwarded to the state
auditor. [1995 c 301 § 64; 1963 c 4 § 36.40.080. Prior: 1943
c 145 § 1, part; 1941 c 99 § 1, part; 1923 c 164 § 4, part; Rem.
Supp. 1943 § 3997-4, part.]
36.40.080
36.40.090 Taxes to be levied. The board of county
commissioners shall then fix the amount of the levies necessary to raise the amount of the estimated expenditures as
finally determined, less the total of the estimated revenues
from sources other than taxation, including such portion of
any available surplus as in the discretion of the board it shall
be advisable to so use, and such expenditures as are to be met
from bond or warrant issues: PROVIDED, That no county
shall retain an unbudgeted cash balance in the current
expense fund in excess of a sum equal to the proceeds of a
one dollar and twenty-five cents per thousand dollars of
assessed value levy against the assessed valuation of the
county. All taxes shall be levied in specific sums and shall not
exceed the amount specified in the preliminary budget.
[1973 1st ex.s. c 195 § 33; 1963 c 4 § 36.40.090. Prior: 1943
c 145 § 1, part; 1941 c 99 § 1, part; 1923 c 164 § 4, part; Rem.
Supp. 1943 § 3997-4, part.]
36.40.090
Additional notes found at www.leg.wa.gov
(2010 Ed.)
36.40.140
36.40.100 Budget constitutes appropriations—
Transfers—Supplemental appropriations. The estimates
of expenditures itemized and classified as required in RCW
36.40.040 and as finally fixed and adopted in detail by the
board of county commissioners shall constitute the appropriations for the county for the ensuing fiscal year; and every
county official shall be limited in the making of expenditures
or the incurring of liabilities to the amount of the detailed
appropriation items or classes respectively: PROVIDED,
That upon a resolution formally adopted by the board at a
regular or special meeting and entered upon the minutes,
transfers or revisions within departments, or supplemental
appropriations to the budget from unanticipated federal or
state funds may be made: PROVIDED FURTHER, That the
board shall publish notice of the time and date of the meeting
at which the supplemental appropriations resolution will be
adopted, and the amount of the appropriation, once each
week, for two consecutive weeks prior to the meeting in the
official newspaper of the county. [1985 c 469 § 48; 1973 c 97
§ 1; 1969 ex.s. c 252 § 2; 1965 ex.s. c 19 § 1; 1963 c 4 §
36.40.100. Prior: 1945 c 201 § 1, part; 1943 c 66 § 1, part;
1927 c 301 § 1, part; 1923 c 164 § 5, part; Rem. Supp. 1945
§ 3997-5, part.]
36.40.100
36.40.120 Limitation on use of borrowed money.
Moneys received from borrowing shall be used for no other
purpose than that for which borrowed except that if any surplus shall remain after the accomplishment of the purpose for
which borrowed, it shall be used to redeem the county debt.
Where the budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter no
such expenditure shall be made or incurred until such bonds
have been duly authorized. [1963 c 4 § 36.40.120. Prior:
1945 c 201 § 1, part; 1943 c 66 § 1, part; 1927 c 301 § 1, part;
1923 c 164 § 5, part; Rem. Supp. 1945 § 3997-5, part.]
36.40.120
36.40.130 Excess of expenditures, liability. Expenditures made, liabilities incurred, or warrants issued in excess
of any of the detailed budget appropriations or as revised by
transfer as in RCW 36.40.100 or 36.40.120 provided shall not
be a liability of the county, but the official making or incurring such expenditure or issuing such warrant shall be liable
therefor personally and upon his or her official bond. The
county auditor shall issue no warrant and the county commissioners shall approve no claim for any expenditure in excess
of the detailed budget appropriations or as revised under the
provisions of RCW 36.40.100 through 36.40.130, except
upon an order of a court of competent jurisdiction, or for
emergencies as hereinafter provided. [2009 c 337 § 10; 1963
c 4 § 36.40.130. Prior: 1945 c 201 § 1, part; 1943 c 66 § 1,
part; 1927 c 301 § 1, part; 1923 c 164 § 5, part; Rem. Supp.
1945 § 3997-5, part.]
36.40.130
36.40.140 Emergencies subject to hearing. When a
public emergency, other than such as are specifically
described in RCW 36.40.180, and which could not reasonably have been foreseen at the time of making the budget,
requires the expenditure of money not provided for in the
budget, the board of county commissioners by majority vote
of the commissioners at any meeting the time and place of
which all the commissioners have had reasonable notice,
36.40.140
[Title 36 RCW—page 107]
36.40.150
Title 36 RCW: Counties
shall adopt and enter upon its minutes a resolution stating the
facts constituting the emergency and the estimated amount of
money required to meet it, and shall publish the same,
together with a notice that a public hearing thereon will be
held at the time and place designated therein, which shall not
be less than one week after the date of publication, at which
any taxpayer may appear and be heard for or against the
expenditure of money for the alleged emergency. The resolution and notice shall be published once in the official county
newspaper, or if there is none, in a legal newspaper in the
county. Upon the conclusion of the hearing, if the board of
county commissioners approves it, an order shall be made
and entered upon its official minutes by a majority vote of all
the members of the board setting forth the facts constituting
the emergency, together with the amount of expenditure
authorized, which order, so entered, shall be lawful authorization to expend said amount for such purpose unless a
review is applied for within five days thereafter. [1969 ex.s.
c 185 § 3; 1963 c 4 § 36.40.140. Prior: 1925 ex.s. c 143 § 2,
part; 1923 c 164 § 6, part; RRS § 3997-6, part.]
Additional notes found at www.leg.wa.gov
36.40.150 Emergencies subject to hearing—Right of
taxpayer to review order. No expenditure shall be made or
liability incurred pursuant to the order until a period of five
days, exclusive of the day of entry of the order, have elapsed,
during which time any taxpayer or taxpayers of the county
feeling aggrieved by the order may have the superior court of
the county review it by filing with the clerk of such court a
verified petition, a copy of which has been served upon the
county auditor. The petition shall set forth in detail the objections of the petitioners to the order and the reasons why the
alleged emergency does not exist. [1963 c 4 § 36.40.150.
Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6, part; RRS §
3997-6, part.]
36.40.150
36.40.160 Emergencies subject to hearing—Petition
for review suspends order. The service and filing of the
petition shall operate to suspend the emergency order and the
authority to make any expenditure or incur any liability thereunder until final determination of the matter by the court.
[1963 c 4 § 36.40.160. Prior: 1925 ex.s. c 143 § 2, part; 1923
c 164 § 6, part; RRS § 3997-6, part.]
36.40.160
36.40.170 Emergencies subject to hearing—Court’s
power on review. Upon the filing of a petition the court shall
immediately fix a time for hearing it which shall be at the earliest convenient date. At such hearing the court shall hear the
matter de novo and may take such testimony as it deems necessary. Its proceedings shall be summary and informal and its
determination as to whether an emergency such as is contemplated within the meaning and purpose of this chapter exists
or not and whether the expenditure authorized by said order
is excessive or not shall be final. [1963 c 4 § 36.40.170.
Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6, part; RRS §
3997-6, part.]
36.40.170
36.40.180 Emergencies subject to hearing—Nondebatable emergencies. Upon the happening of any emergency caused by fire, flood, explosion, storm, earthquake,
36.40.180
[Title 36 RCW—page 108]
epidemic, riot, or insurrection, or for the immediate preservation of order or of public health or for the restoration to a condition of usefulness of any public property the usefulness of
which has been destroyed by accident, or for the relief of a
stricken community overtaken by a calamity, or in settlement
of approved claims for personal injuries or property damages,
exclusive of claims arising from the operation of any public
utility owned by the county, or to meet mandatory expenditures required by any law, the board of county commissioners
may, upon the adoption by the unanimous vote of the commissioners present at any meeting the time and place of
which all of such commissioners have had reasonable notice,
of a resolution stating the facts constituting the emergency
and entering the same upon their minutes, make the expenditures necessary to meet such emergency without further
notice or hearing. [1963 c 4 § 36.40.180. Prior: 1925 ex.s. c
143 § 2, part; 1923 c 164 § 6, part; RRS § 3997-6, part.]
36.40.190 Payment of emergency warrants. All
emergency expenditures shall be paid for by the issuance of
emergency warrants which shall be paid from any moneys on
hand in the county treasury in the fund properly chargeable
therewith and the county treasurer shall pay such warrants
out of any moneys in the treasury in such fund. If at any time
there are insufficient moneys on hand in the treasury to pay
any of such warrants, they shall be registered, bear interest
and be called in the manner provided by law for other county
warrants. [1963 c 4 § 36.40.190. Prior: 1925 ex.s. c 143 § 2,
part; 1923 c 164 § 6, part; RRS § 3997-6, part.]
36.40.190
36.40.195 Supplemental appropriations of unanticipated funds from local sources. In addition to the supplemental appropriations provided in RCW 36.40.100 and
36.40.140, the county legislative authority may provide by
resolution a policy for supplemental appropriations as a result
of unanticipated funds from local revenue sources. [1997 c
204 § 4.]
36.40.195
36.40.200 Lapse of budget appropriations. All appropriations shall lapse at the end of the fiscal year: PROVIDED, That the appropriation accounts may remain open
for a period of thirty days, and may, at the auditor’s discretion, remain open for a period not to exceed sixty days thereafter for the payment of claims incurred against such appropriations prior to the close of the fiscal year.
After such period has expired all appropriations shall
become null and void and any claim presented thereafter
against any such appropriation shall be provided for in the
next ensuing budget: PROVIDED, That this shall not prevent payments upon uncompleted improvements in progress
at the close of the fiscal year. [1997 c 204 § 2; 1963 c 4 §
36.40.200. Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6,
part; RRS § 3997-6, part.]
36.40.200
36.40.205 Salary adjustment for county legislative
authority office—Ratification and validation of preelection action. If prior to the election for any county legislative
authority office, a salary adjustment for such position to
become effective upon the commencement of the term next
following such election is adopted by ordinance or resolution
36.40.205
(2010 Ed.)
Retail Sales and Use Taxes
of the legislative authority of such county, and a salary
adjustment coinciding with such preceding ordinance or resolution thereof is properly adopted as part of the county budget for the years following such election, such action shall be
deemed a continuing part of and shall ratify and validate the
preelection action as to such salary adjustment. [1975 1st
ex.s. c 32 § 1.]
36.40.210 Monthly report. On or before the twentyfifth day of each month the auditor shall submit or make
available to the board of county commissioners a report
showing the expenditures and liabilities against each separate
budget appropriation incurred during the preceding calendar
month and like information for the whole of the current fiscal
year to the first day of said month, together with the unexpended and unencumbered balance of each appropriation. He
or she shall also set forth the receipts from taxes and from
sources other than taxation for the same periods. [2009 c 337
§ 11; 1963 c 4 § 36.40.210. Prior: 1923 c 164 § 7; RRS §
3997-7.]
36.40.210
36.40.220 Rules, classifications, and forms. The state
auditor may make such rules, classifications, and forms as
may be necessary to carry out the provisions in respect to
county budgets, define what expenditures shall be chargeable
to each budget account, and establish such accounting and
cost systems as may be necessary to provide accurate budget
information. [1995 c 301 § 65; 1963 c 4 § 36.40.220. Prior:
1923 c 164 § 8; RRS § 3997-8.]
36.40.220
36.40.230 No new funds created. This chapter shall
not be construed to create any new fund. [1963 c 4 §
36.40.230. Prior: 1923 c 164 § 9; RRS § 3997-9.]
36.40.230
36.40.240 Penalty. Any person violating any of the
provisions of this chapter shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not less than
twenty-five dollars nor more than five hundred dollars.
[1963 c 4 § 36.40.240. Prior: 1923 c 164 § 10; RRS § 399710.]
36.43.020
Expenditures included in the biennial budget, mid-term
modification budget, supplemental budget, or emergency
budget shall constitute the appropriations for the county during the applicable period of the budget and every county official shall be limited in making expenditures or incurring liabilities to the amount of the detailed appropriation item or
classes in the budget.
In lieu of adopting an annual budget or a biennial budget
with a mid-biennium review for all funds, the legislative
authority of any county may adopt an ordinance or a resolution providing for a biennial budget or budgets for any one or
more funds of the county, with a mid-biennium review and
modification for the second year of the biennium, with the
other funds remaining on an annual budget. The county legislative authority may repeal such an ordinance or resolution
and revert to adopting annual budgets for a period commencing after the end of the biennial budget or biennial budgets for
the specific agency fund or funds. The county legislative
authority of a county with a biennial budget cycle may adopt
supplemental and emergency budgets in the same manner
and subject to the same conditions as the county legislative
authority in a county with an annual budget cycle.
The county legislative authority shall hold a public hearing on the proposed county property taxes and proposed road
district property taxes prior to imposing the property tax levies. [1997 c 204 § 3; 1995 c 193 § 1.]
Reviser’s note: 1995 c 193 directed that this section be added to chapter 36.32 RCW. Since this placement appears inappropriate, this section has
been codified as part of chapter 36.40 RCW.
Chapter 36.42
Chapter 36.42 RCW
RETAIL SALES AND USE TAXES
County and city sales and use taxes: Chapter 82.14 RCW.
36.40.240
36.40.250 Biennial budgets—Supplemental and
emergency budgets. In lieu of adopting an annual budget,
the county legislative authority of any county may adopt an
ordinance or a resolution providing for biennial budgets with
a mid-biennium review and modification for the second year
of the biennium. The county legislative authority may repeal
such an ordinance or resolution and revert to adopting annual
budgets for a period commencing after the end of a biennial
budget cycle. The county legislative authority of a county
with a biennial budget cycle may adopt supplemental and
emergency budgets in the same manner and subject to the
same conditions as the county legislative authority in a
county with an annual budget cycle.
The procedure and steps for adopting a biennial budget
shall conform with the procedure and steps for adopting an
annual budget and with requirements established by the state
auditor. The state auditor shall establish requirements for preparing and adopting the mid-biennium review and modification for the second year of the biennium.
36.40.250
(2010 Ed.)
Chapter 36.43 RCW
BUILDING CODES AND FIRE REGULATIONS
Chapter 36.43
Sections
36.43.010
36.43.020
36.43.030
36.43.040
Authority to adopt.
Area to which applicable.
Enforcement—Inspectors.
Penalty for violation of code or regulation.
Electrical construction regulations applicable to counties: RCW 19.29.010.
Energy-related building standards: Chapter 19.27A RCW.
State building code: Chapter 19.27 RCW.
36.43.010 Authority to adopt. The boards of county
commissioners may adopt standard building codes and standard fire regulations to be applied within their respective
jurisdictions. [1963 c 4 § 36.43.010. Prior: 1943 c 204 § 1;
Rem. Supp. 1943 § 4077-10.]
36.43.010
36.43.020 Area to which applicable. The building
codes or fire regulations when adopted by the board of county
commissioners shall be applicable to all the area of the
county situated outside the corporate limits of any city or
town, or to such portion thereof as may be prescribed in such
building code or fire regulation. [1963 c 4 § 36.43.020. Prior:
1943 c 204 § 2; Rem. Supp. 1943 § 4077-11.]
36.43.020
[Title 36 RCW—page 109]
36.43.030
Title 36 RCW: Counties
36.43.030 Enforcement—Inspectors. The boards of
county commissioners may appoint fire inspectors or other
inspectors to enforce any building code or fire regulation
adopted by them. The boards must enforce any building code
or fire regulation adopted by them. [1963 c 4 § 36.43.030.
Prior: 1943 c 204 § 3; Rem. Supp. 1943 § 4077-12.]
36.43.030
36.43.040 Penalty for violation of code or regulation.
Any person violating the provisions of any building code or
any fire regulation lawfully adopted by any board of county
commissioners shall be guilty of a misdemeanor. [1963 c 4 §
36.43.040. Prior: 1943 c 204 § 4; Rem. Supp. 1943 § 407713.]
36.43.040
Chapter 36.45
Chapter 36.45 RCW
CLAIMS AGAINST COUNTIES
Sections
36.45.010
36.45.040
Manner of filing.
Labor and material claims.
Assessor’s expense when meeting with department of revenue as: RCW
84.08.190.
Autopsy costs as: RCW 68.50.104, 68.50.106.
Claims, reports, etc., filing: RCW 1.12.070.
Compromise of unlawful, when: RCW 43.09.260.
Costs against county, civil actions: RCW 4.84.170.
Courtrooms, expense of sheriff in providing as county charge: RCW
2.28.140.
Diking, drainage, or sewerage improvement assessments as: RCW
85.08.500, 85.08.530.
Elections, expense of registration of voters as: RCW 29A.08.150.
Expense of keeping jury as: RCW 4.44.310.
Flood control
by counties jointly, county liability: RCW 86.13.080.
districts (1937 act) assessments as: RCW 86.09.526, 86.09.529.
Health officers’ convention expense as: RCW 43.70.140.
Incorporation into city or town of intercounty areas as: RCW 35.02.240.
Liability of county on failure to require contractors bond: RCW 39.08.015.
Lien for labor, material, taxes on public works: Chapter 60.28 RCW.
Metropolitan municipal corporation costs as: Chapter 35.58 RCW.
Municipal court expenses as: RCW 35.20.120.
Port district election costs as: RCW 53.04.070.
Railroad grade crossing costs as: Chapter 81.53 RCW.
Reclamation district commission expenses as: RCW 89.30.070.
Regional jail camps, cost of committing county prisoners to as: RCW
72.64.110.
Superior court, expenses of visiting judge as: RCW 2.08.170.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
Veterans’ meeting place rental as: RCW 73.04.080.
Vital statistics registrars’ fees as charge against: RCW 70.58.040.
36.45.010 Manner of filing. All claims for damages
against any county shall be filed in the manner set forth in
chapter 4.96 RCW. [1993 c 449 § 10; 1967 c 164 § 14; 1963
c 4 § 36.45.010. Prior: 1957 c 224 § 7; prior: 1919 c 149 §
1, part; RRS § 4077, part.]
36.45.010
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Severability—Purpose—1967 c 164: See notes following RCW
4.96.010.
[Title 36 RCW—page 110]
Tortious conduct of political subdivisions and municipal corporations, liability for damages: Chapter 4.96 RCW.
36.45.040 Labor and material claims. Whenever any
county, by its board of county commissioners, has entered
into a contract for the construction of any public improvement for the benefit of the county, whereby the contractor
agreed to furnish all labor, material, and supplies necessary
for the improvement, and the contractor has proceeded with
such improvement and procured from other persons labor,
material, or supplies and used the same in the construction of
the improvement, but has failed to pay such persons therefor,
and such persons have filed claims therefor against the
county, and the claims have been audited in the manner provided by law and found to be just claims against the county,
and valid obligations of the county except for the fact that
they were not filed within the time provided by law; the board
of county commissioners may provide funds sufficient therefor, and cause the payment, of such claims in the manner provided by law for the payment of valid claims against the
county. [1963 c 4 § 36.45.040. Prior: 1927 c 220 § 1; RRS §
4077-1.]
36.45.040
Chapter 36.47
Chapter 36.47 RCW
COORDINATION OF
ADMINISTRATIVE PROGRAMS
Sections
36.47.010
36.47.020
36.47.030
36.47.040
36.47.050
36.47.060
36.47.070
Declaration of necessity.
Joint action by officers of each county.
State association of county officials may be coordinating
agency.
Reimbursement for costs and expenses to state association of
county officials.
County officials—Further action authorized—Meetings.
Association financial records subject to audit by state auditor.
Merger of state association of county officials with state association of counties.
36.47.010 Declaration of necessity. The necessity and
the desirability of coordinating the administrative programs
of all of the counties in this state is recognized by this chapter. [1963 c 4 § 36.47.010. Prior: 1959 c 130 § 1.]
36.47.010
36.47.020 Joint action by officers of each county. It
shall be the duty of the assessor, auditor, clerk, coroner, sheriff, superintendent of schools, treasurer, and prosecuting
attorney of each county in the state, including appointive officials in charter counties heading like departments, to take
such action as they jointly deem necessary to effect the coordination of the administrative programs of each county.
[1998 c 245 § 28; 1969 ex.s. c 5 § 1; 1963 c 4 § 36.47.020.
Prior: 1959 c 130 § 2.]
36.47.020
36.47.030 State association of county officials may be
coordinating agency. The county officials enumerated in
RCW 36.47.020 are empowered to designate the Washington
state association of county officials as a coordinating agency
through which the duties imposed by RCW 36.47.020 may be
performed, harmonized, or correlated. [1969 ex.s. c 5 § 2;
1963 c 4 § 36.47.030. Prior: 1959 c 130 § 3.]
36.47.030
(2010 Ed.)
Depositaries
36.47.040 Reimbursement for costs and expenses to
state association of county officials. Each county which
designates the Washington state association of county officials as the agency through which the duties imposed by
RCW 36.47.020 may be executed is authorized to reimburse
the association from the county current expense fund for the
cost of any such services rendered: PROVIDED, That no
reimbursement shall be made to the association for any
expenses incurred under RCW 36.47.050 for travel, meals, or
lodging of such county officials, or their representatives at
such meetings, but such expenses may be paid by such official’s respective county as other expenses are paid for county
business. Such reimbursement shall be paid only on vouchers
submitted to the county auditor and approved by the legislative authority of each county in the manner provided for the
disbursement of other current expense funds. Each such
voucher shall set forth the nature of the services rendered by
the association, supported by affidavit that the services were
actually performed. [1991 c 363 § 71; 1977 ex.s. c 221 § 1;
1973 1st ex.s. c 195 § 35; 1970 ex.s. c 47 § 2; 1969 ex.s. c 5
§ 3; 1963 c 4 § 36.47.040. Prior: 1959 c 130 § 4.]
36.47.040
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.47.050 County officials—Further action authorized—Meetings. The county officials enumerated in RCW
36.47.020 are authorized to take such further action as they
deem necessary to comply with the intent of this chapter,
including attendance at state and district meetings which may
be required to formulate the reports provided for in *RCW
36.47.020. [1969 ex.s. c 5 § 4; 1963 c 4 § 36.47.050. Prior:
1959 c 130 § 5.]
36.47.050
*Reviser’s note: RCW 36.47.020 was amended by 1998 c 245 § 28,
removing the requirement to submit reports.
36.47.060 Association financial records subject to
audit by state auditor. The financial records of the Washington state association of county officials shall be subject to
audit by the state auditor. [1995 c 301 § 66; 1969 ex.s. c 5 §
5; 1963 c 4 § 36.47.060. Prior: 1959 c 130 § 6.]
36.47.060
36.47.070 Merger of state association of county officials with state association of counties. It is the desire of
the legislature that the Washington State Association of
County Officials, as set forth in chapter 36.47 RCW and the
Washington State Association of Counties, as set forth in
RCW 36.32.350, shall merge into one association of elected
county officers. Only one association shall carry out the
duties imposed by RCW 36.32.335 through 36.32.360 and
36.47.020 through 36.47.060. [1998 c 245 § 29; 1977 ex.s. c
221 § 2.]
36.47.070
Chapter 36.48
Chapter 36.48 RCW
DEPOSITARIES
Sections
36.48.010
36.48.040
(2010 Ed.)
Depositaries to be designated by treasurer.
Depositaries to be designated by treasurer—Deposited funds
deemed in county treasury.
36.48.070
36.48.050
36.48.060
36.48.070
36.48.080
36.48.090
Depositaries to be designated by treasurer—Treasurer’s liability and bond additional.
Definition—"Financial institution."
County finance committee—Approval of investment policy
and debt policy—Rules.
County clerk’s funds may be deposited.
Clerk’s trust fund created—Deposits—Interest—Investments.
36.48.010 Depositaries to be designated by treasurer.
Each county treasurer shall annually at the end of each fiscal
year or at such other times as may be deemed necessary, designate one or more financial institutions in the state which are
qualified public depositaries as set forth by the public deposit
protection commission as depositary or depositaries for all
public funds held and required to be kept by the treasurer, and
no county treasurer shall deposit any public money in financial institutions, except as herein provided. Public funds of
the county or a special district for which the county treasurer
acts as its treasurer may only be deposited in bank accounts
authorized by the treasurer or authorized in statute. All bank
card depository service contracts for the county and special
districts for which the county treasurer acts as its treasurer
must be authorized by the county treasurer. [1998 c 106 § 6;
1984 c 177 § 8; 1973 c 126 § 5; 1969 ex.s. c 193 § 27; 1963 c
4 § 36.48.010. Prior: 1907 c 51 § 1; RRS § 5562.]
36.48.010
Public depositaries: Chapter 39.58 RCW.
Additional notes found at www.leg.wa.gov
36.48.040 Depositaries to be designated by treasurer—Deposited funds deemed in county treasury. The
county treasurer shall deposit with any depositary, which has
fully complied with all requirements of RCW 36.48.010
through 36.48.060, any county money in his or her hands or
under his or her official control, and for the purpose of making the quarterly settlement and counting funds in the hands
of the treasurer any sums so on deposit shall be deemed to be
in the county treasury. [2009 c 549 § 4084; 1963 c 4 §
36.48.040. Prior: 1907 c 51 § 4; RRS § 5565.]
36.48.040
36.48.050 Depositaries to be designated by treasurer—Treasurer’s liability and bond additional. The
provisions of RCW 36.48.010 through 36.48.060 shall in no
way relieve or release the county treasurer from any liability
upon his or her official bond as such treasurer, or any surety
upon such bond, and shall in no way affect the duty of the
several county treasurers to give bond as required by law.
[2009 c 549 § 4085; 1963 c 4 § 36.48.050. Prior: 1907 c 51
§ 5; RRS § 5566.]
36.48.050
36.48.060 Definition—"Financial institution."
"Financial institution," whenever it occurs in RCW
36.48.010 through 36.48.050, means a branch of a bank
engaged in banking in this state in accordance with RCW
30.04.300, and any state bank or trust company, national
banking association, stock savings bank, mutual savings
bank, or savings and loan association, which institution is
located in this state and lawfully engaged in business. [1984
c 177 § 9; 1963 c 4 § 36.48.060. Prior: 1907 c 51 § 6; RRS §
5567.]
36.48.060
36.48.070 County finance committee—Approval of
investment policy and debt policy—Rules. The county
36.48.070
[Title 36 RCW—page 111]
36.48.080
Title 36 RCW: Counties
treasurer, the county auditor, and the chair of the county legislative authority, ex officio, shall constitute the county
finance committee. The county treasurer shall act as chair of
the committee and the county auditor as secretary thereof.
The committee shall keep a full and complete record of all its
proceedings in appropriate books of record and all such
records and all correspondence relating to the committee
shall be kept in the office of the county auditor and shall be
open to public inspection. The committee shall approve
county investment policy and a debt policy and shall make
appropriate rules and regulations for the carrying out of the
provisions of RCW 36.48.010 through 36.48.060, not inconsistent with law. [1999 c 18 § 5; 1991 c 245 § 11; 1963 c 4 §
36.48.070. Prior: 1933 ex.s. c 45 § 2; RRS § 5567-1.]
Additional notes found at www.leg.wa.gov
36.48.080
36.48.080 County clerk’s funds may be deposited.
The county clerks of all the counties of the state shall deposit
all funds in their custody, as clerk of the superior court of
their respective counties, in one or more qualified depositaries, as provided in chapter 39.58 RCW, as now or hereafter
amended. [1973 c 126 § 7; 1963 c 4 § 36.48.080. Prior: 1933
ex.s. c 40 § 1; RRS § 5561-1.]
36.48.090
36.48.090 Clerk’s trust fund created—Deposits—
Interest—Investments. Whenever the clerk of the superior
court has funds held in trust for any litigant or for any purpose, they shall be deposited in a separate fund designated
"clerk’s trust fund," and shall not be commingled with any
public funds. However, in the case of child support payments,
the clerk may send the checks or drafts directly to the recipient or endorse the instrument to the recipient and the clerk is
not required to deposit such funds. In processing child support payments, the clerk shall comply with RCW 26.09.120.
The clerk may invest the funds in any of the investments
authorized by RCW 36.29.020. The clerk shall place the
income from such investments in the county current expense
fund to be used by the county for general county purposes
unless: (1) The funds being held in trust in a particular matter
are two thousand dollars or more, and (2) a litigant in the matter has filed a written request that such investment be made of
the funds being held in trust. Interest income accrued from
the date of filing of the written request for investment shall be
paid to the beneficiary. In such an event, any income from
such investment shall be paid to the beneficiary of such trust
upon the termination thereof: PROVIDED, That five percent
of the income shall be deducted by the clerk as an investment
service fee and placed in the county current expense fund to
be used by the county for general county purposes.
In any matter where funds are held in the clerk’s trust
fund, any litigant who is not represented by an attorney and
who has appeared in matters where the funds held are two
thousand dollars or more shall receive written notice of the
provisions of this section from the clerk. [1994 c 185 § 4;
1987 c 363 § 4; 1979 ex.s. c 227 § 1; 1977 c 63 § 1; 1973 c
126 § 8; 1963 c 4 § 36.48.090. Prior: 1933 ex.s. c 40 § 2;
RRS § 5561-2.]
[Title 36 RCW—page 112]
Chapter 36.49
Chapter 36.49 RCW
DOG LICENSE TAX
Sections
36.49.020
36.49.030
36.49.040
36.49.050
36.49.060
36.49.070
Treasurer to collect—Tags.
Application for license after assessor’s list returned.
Delinquent tax, how collected.
"County dog license tax fund"—Created.
"County dog license tax fund"—Transfer of excess funds in.
Penalty.
Indemnity for dogs doing damage, etc.: RCW 16.08.010 through 16.08.030.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
36.49.020 Treasurer to collect—Tags. The county
assessor shall turn over the list of dog owners to the county
treasurer for collection of the taxes. Upon the payment of the
license tax upon any dog or kennel the county treasurer shall
deliver to the owner or keeper of such dog or kennel a license,
and a metallic tag for each dog taxed and licensed or kept in
such kennel. The license shall be dated and numbered and
shall bear the name of the county issuing it, the name and
address of the owner of the dog or kennel licensed; and if a
dog license, a description of the dog including its breed, age,
color, and markings; and if a kennel license, a description of
the breed, number, and ages of the dogs kept in such kennel.
The metallic tag shall bear the name of the county issuing it,
a serial number corresponding with the number on the
license, and the calendar year in which it is issued. Every
owner or keeper of a dog shall keep a substantial collar on the
dog and attached firmly thereto the license tag for the current
year. [1963 c 4 § 36.49.020. Prior: 1929 c 198 § 2; RRS §
8304-2; prior: 1919 c 6 § 2, part.]
36.49.020
36.49.030 Application for license after assessor’s list
returned. Any person becoming the owner of a dog or kennel after the assessment has been returned by the assessor and
any owner of a dog or kennel which for any reason the assessor has failed to assess, may at any time apply to the county
treasurer, and upon the payment of the required fee procure a
license and a metallic tag or tags. [1963 c 4 § 36.49.030.
Prior: 1929 c 198 § 3, part; RRS § 8304-3, part.]
36.49.030
36.49.040 Delinquent tax, how collected. If any person whose name appears upon the list prepared by the county
assessor fails to pay the license tax to the county treasurer on
or before the first day of August of the year in which the list
is made, the county treasurer shall proceed to collect the
delinquent license taxes in the manner provided by law for
collection of delinquent personal property taxes. [1963 c 4 §
36.49.040. Prior: 1929 c 198 § 3, part; RRS § 8304-3, part.]
36.49.040
36.49.050 "County dog license tax fund"—Created.
All license taxes collected in accordance with the provisions
of this chapter shall be placed in a separate fund in the office
of the county treasurer to be known as the "county dog
license tax fund." [1963 c 4 § 36.49.050. Prior: 1929 c 198
§ 4; RRS § 8304-4; prior: 1919 c 6 § 2, part.]
36.49.050
36.49.060 "County dog license tax fund"—Transfer
of excess funds in. On the first day of March of each year all
moneys in the county dog license tax fund in excess of five
hundred dollars shall be transferred and credited by the
36.49.060
(2010 Ed.)
Farm and Home Extension Work
county treasurer to the current expense fund of the county.
[1963 c 4 § 36.49.060. Prior: 1929 c 198 § 8; RRS § 8304-5.]
36.49.070 Penalty. Any person or officer who refuses
to comply with or enforce any of the provisions of this chapter shall be guilty of a misdemeanor. [1963 c 4 § 36.49.070.
Prior: 1929 c 198 § 9; RRS § 8304-6.]
36.49.070
Chapter 36.50 RCW
FARM AND HOME EXTENSION WORK
Chapter 36.50
Sections
36.50.010
Cooperative extension work in agriculture and home economics authorized.
36.50.010 Cooperative extension work in agriculture
and home economics authorized. The board of county
commissioners of any county and the governing body of any
municipality are authorized to establish and conduct extension work in agriculture and home economics in cooperation
with Washington State University, upon such terms and conditions as may be agreed upon by any such board or governing body and the director of the extension service of Washington State University; and may employ such means and
appropriate and expend such sums of money as may be necessary to effectively establish and carry on such work in agriculture and home economics in their respective counties and
municipalities. [1963 c 4 § 36.50.010. Prior: 1949 c 181 § 1;
Rem. Supp. 1949 § 4589-1.]
36.50.010
Chapter 36.53
Chapter 36.53 RCW
FERRIES—PRIVATELY OWNED
Sections
36.53.010
36.53.020
36.53.030
36.53.040
36.53.050
36.53.060
36.53.070
36.53.080
36.53.090
36.53.100
36.53.110
36.53.120
36.53.130
36.53.140
36.53.150
Grant of license—Term.
Licensing tax.
To whom license granted—Notice of intention if nonowner.
Notice of application to be posted.
Bond of licensee.
Duties of licensee.
Duties of licensee—Duties as to ferriage—Liability for nonperformance.
Rates of ferriage.
Commissioners may fix and alter rates.
Rates to be posted.
Order of ferriage—Liability for nonperformance.
Grant exclusive.
Revocation of license.
Penalty for maintaining unlicensed ferry.
Interstate ferry—County may contribute to—Grant of permit
to operator.
36.53.010 Grant of license—Term. The board of
county commissioners may grant a license to keep a ferry
across any lake or stream within its county, upon being satisfied that a ferry is necessary at the point applied for, which
license shall continue in force for a term to be fixed by the
commissioners not exceeding five years. [1963 c 4 §
36.53.010. Prior: Code 1881 § 3002; 1879 p 61 § 38; 1869 p
280 § 40; 1863 p 521 § 1; 1854 p 354 § 1; RRS § 5462.]
36.53.010
36.53.020 Licensing tax. The county legislative
authority may charge such sum as may be fixed under the
authority of RCW 36.32.120(3) for such license, and the per36.53.020
(2010 Ed.)
36.53.060
son to whom the license is granted shall pay to the appropriate county official the tax for one year in advance. [1985 c 91
§ 2; 1963 c 4 § 36.53.020. Prior: Code 1881 § 3003; 1879 p
61 § 39; 1869 p 280 § 41; 1863 p 522 § 2; 1854 p 354 § 2;
RRS § 5463.]
36.53.030
36.53.030 To whom license granted—Notice of intention if nonowner. No license shall be granted to any person
other than the owner of the land embracing or adjoining the
lake or stream where the ferry is proposed to be kept, unless
the owner neglects to apply therefor. Whenever application
for a license is made by any person other than the owner, the
board of county commissioners shall not grant it, unless proof
is made that the applicant caused notice, in writing, of his or
her intention to make such application to be given to such
owner, if residing in the county, at least ten days before the
session of the board of county commissioners at which application is made. [2009 c 549 § 4086; 1963 c 4 § 36.53.030.
Prior: Code 1881 § 3004; 1879 p 61 § 40; 1869 p 280 § 42;
1863 p 522 § 3; 1854 p 354 § 3; RRS § 5464.]
36.53.040
36.53.040 Notice of application to be posted. Every
person intending to apply for a license to keep a ferry at any
place shall give notice of his or her intention by posting up at
least three notices in public places in the neighborhood where
the ferry is proposed to be kept, twenty days prior to any regular session of the board of county commissioners at which
the application is to be made. [2009 c 549 § 4087; 1963 c 4 §
36.53.040. Prior: Code 1881 § 3005; 1879 p 61 § 41; 1869 p
281 § 43; 1863 p 522 § 4; 1854 p 354 § 4; RRS § 5465.]
36.53.050
36.53.050 Bond of licensee. Every person applying for
a license to keep a ferry shall, before the same is issued, enter
into a bond with one or more sureties, to be approved by the
county auditor, in a sum not less than one hundred nor more
than five hundred dollars, conditioned that such person will
keep the ferry according to law and that if default at any time
is made in the condition of the bond, damages, not exceeding
the penalty, may be recovered by any person aggrieved,
before any court having jurisdiction. [1963 c 4 § 36.53.050.
Prior: Code 1881 § 3006; 1879 p 62 § 42; 1869 p 281 § 44;
1863 p 522 § 5; 1854 p 354 § 5; RRS § 5466.]
36.53.060
36.53.060 Duties of licensee. Every person obtaining a
license to keep a ferry shall provide and keep in good and
complete repair the necessary boat or boats for the safe conveyance of all persons and property, and furnish such boats at
all times with suitable oars, setting poles, and other implements necessary for the service thereof, and shall keep a sufficient number of discreet and skillful men or women ferry
workers to attend and manage the same; and he or she shall
also at all times keep the place of embarking and landing in
good order and repair, by cutting away the bank of the stream
so that persons and property may be embarked and landed
without danger or unnecessary delay. [2009 c 549 § 4088;
1963 c 4 § 36.53.060. Prior: Code 1881 § 3007; 1879 p 62 §
43; 1869 p 281 § 45; 1863 p 522 § 6; 1854 p 354 § 6; RRS §
5467.]
[Title 36 RCW—page 113]
36.53.070
Title 36 RCW: Counties
36.53.070 Duties of licensee—Duties as to ferriage—
Liability for nonperformance. Every person obtaining a
ferry license shall give constant and diligent attention to such
ferry from daylight in the morning until dark in the evening
of each day, and shall, moreover, at any hour in the night, if
required, except in cases of imminent danger, give passage to
all persons requiring the same on the payment of double rate
of ferriage allowed to be taken in the daytime.
If the licensee at any time neglects or refuses to give passage to any person or property, the licensee shall forfeit and
pay to the party aggrieved for every such offense the sum of
five dollars, to be recovered before any district judge having
jurisdiction; the licensee shall, moreover, be liable in an
action at law for any special damage which such person may
have sustained in consequence of such neglect or refusal.
No forfeiture or damages shall be recovered for a failure
or refusal to convey any person or property across the stream
when it is manifestly hazardous to do so, by reason of any
storm, flood, or ice; nor shall any keeper of a ferry be compelled to give passage to any person or property until the fare
or toll chargeable by law has been fully paid or tendered.
[1987 c 202 § 207; 1963 c 4 § 36.53.070. Prior: Code 1881 §
3008; 1879 p 62 § 44; 1869 p 281 § 46; 1863 p 523 § 7; 1854
p 355 § 7; RRS § 5468.]
36.53.070
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.080 Rates of ferriage. Whenever the board of
county commissioners grants a license to keep a ferry across
any lake or stream, it shall establish the rates of ferriage
which may be lawfully demanded for the transportation of
persons and property across the same, having due regard for
the breadth and situation of the stream, and the dangers and
difficulties incident thereto, and the publicity of the place at
which the same is established, and every keeper of a ferry
who at any time demands and receives more than the amount
so designated for ferrying shall forfeit and pay to the party
aggrieved, for every such offense, the sum of five dollars,
over and above the amount which has been illegally received,
to be recovered before any district judge having jurisdiction.
[1987 c 202 § 208; 1963 c 4 § 36.53.080. Prior: Code 1881 §
3009; 1879 p 63 § 45; 1869 p 282 § 47; 1863 p 523 § 8; 1854
p 355 § 8; RRS § 5469.]
36.53.080
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.090 Commissioners may fix and alter rates.
The boards of county commissioners may fix, alter, and
establish from time to time, the rates of ferriage to be levied
and collected at all ferries established by law, within or bordering upon the county lines of any of the counties in this
state. [1963 c 4 § 36.53.090. Prior: Code 1881 § 3010; 1879
p 63 § 46; 1869 p 282 § 48; RRS § 5470.]
36.53.090
36.53.100 Rates to be posted. Every person licensed to
keep a ferry shall post up, in some conspicuous place near his
or her ferry landing a list of the rates of ferriage which are
chargeable by law at such ferry, which list of rates shall at all
times be plain and legible and posted up so near the place
where persons pass across the ferry that it may be easily read.
If the keeper neglects or refuses to post and keep up such list,
it shall not be lawful to charge or take any ferriage or com36.53.100
[Title 36 RCW—page 114]
pensation at the ferry, during the time of such delinquency.
[2009 c 549 § 4089; 1963 c 4 § 36.53.100. Prior: Code 1881
§ 3011; 1879 p 63 § 47; 1869 p 283 § 49; 1863 p 523 § 9;
1854 p 355 § 9; RRS § 5471.]
36.53.110 Order of ferriage—Liability for nonperformance. All persons shall be received into the ferry boats
and conveyed across the stream over which a ferry is established according to their arrival thereat, and if the keeper of a
ferry acts contrary to this regulation, the keeper shall forfeit
and pay to the party aggrieved the sum of ten dollars for every
such offense, to be recovered before any district judge having
jurisdiction: PROVIDED, That public officers on urgent
business, post riders, couriers, physicians, surgeons, and midwives shall in all cases be first carried over, when all cannot
go at the same time. [1987 c 202 § 209; 1963 c 4 § 36.53.110.
Prior: Code 1881 § 3012; 1879 p 63 § 48; 1869 p 283 § 50;
1863 p 524 § 10; 1854 p 356 § 10; RRS § 5472.]
36.53.110
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.120 Grant exclusive. Every person licensed to
keep a ferry under the provisions of RCW 36.53.010 through
36.53.140 shall have the exclusive privilege of transporting
all persons and property over and across the stream where the
ferry is established, and shall be entitled to all the fare arising
by law therefrom: PROVIDED, That any person may cross
such stream at the ferry location in his or her own boat, or
take in and carry over his or her neighbor, when done without
fee or charge, and not with intent to injure the person licensed
to keep a ferry. [2009 c 549 § 4090; 1963 c 4 § 36.53.120.
Prior: Code 1881 § 3013; 1879 p 63 § 49; 1869 p 283 § 51;
1863 p 524 § 11; 1854 p 356 § 11; RRS § 5473.]
36.53.120
36.53.130 Revocation of license. If any person licensed
to keep a ferry fails to pay the taxes assessed thereon when
due, or to provide and keep in good and complete repair the
necessary boat or boats, with the oars, setting poles, and other
necessary implements for the service thereof, or to employ a
sufficient number of skilled and discreet ferry workers within
three months from the time license is granted, or if the ferry
is not at any time kept in good condition and repair, or if it is
abandoned, disused, or unfrequented for the space of six
months at any one time, the board of county commissioners,
on complaint being made in writing, may summon the person
licensed to keep such ferry, to show cause why his or her
license should not be revoked. The board may revoke or not
according to the testimony adduced and the laws of this state,
the decision subject to review by the superior court: PROVIDED, That if disuse resulted because the stream is fordable
at certain seasons of the year, or because travel by that route
is subject to periodical fluctuations, it shall not work a forfeiture within the meaning of this section. [2009 c 549 § 4091;
1963 c 4 § 36.53.130. Prior: Code 1881 § 3014; 1879 p 64 §
50; 1869 p 283 § 52; 1863 p 524 § 12; 1854 p 356 § 12; RRS
§ 5474.]
36.53.130
36.53.140 Penalty for maintaining unlicensed ferry.
Any person who maintains any ferry and receives ferriage
without first obtaining a license therefor shall pay a fine of
ten dollars for each offense, to be collected for the use of the
36.53.140
(2010 Ed.)
Ferries—County Owned
county, by suit before any district judge having jurisdiction,
and any person may bring such suit: PROVIDED, That it
shall not be unlawful for any person to transport any other
person or property over any stream for hire, when there is no
ferry, or the ferry established at such place was not in actual
operation at the time, or in sufficient repair to have afforded
to such person or property a safe and speedy passage. [1987
c 202 § 210; 1963 c 4 § 36.53.140. Prior: Code 1881 § 3015;
1879 p 64 § 51; 1869 p 284 § 53; 1863 p 525 § 13; 1854 p 356
§ 13; RRS § 5475.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.150 Interstate ferry—County may contribute
to—Grant of permit to operator. Whenever the board of
county commissioners of any county determines that the construction or maintenance of a ferry in a state adjoining such
county or connecting such county with the adjoining state is
of necessity or convenience to the citizens of the county, the
board may enter into a contract for the construction or maintenance of such ferry, or make such contribution as may be
deemed advisable toward the construction or maintenance
thereof, and may lease, or grant exclusive permits to use, any
wharf or landing owned or leased by the board to any person,
firm or corporation furnishing, or agreeing to furnish, ferry
service between such county and the adjoining state. [1963 c
4 § 36.53.150. Prior: 1921 c 165 § 1; 1915 c 26 § 1; RRS §
5478.]
36.53.150
Chapter 36.54
Chapter 36.54 RCW
FERRIES—COUNTY OWNED
Sections
36.54.010
36.54.015
36.54.020
36.54.030
36.54.040
36.54.050
36.54.060
36.54.070
36.54.110
36.54.120
36.54.130
36.54.135
36.54.140
36.54.150
36.54.160
36.54.170
36.54.180
36.54.190
County may acquire, construct, maintain, and operate ferry.
Ferries—Fourteen year long range improvement plan—Contents.
Joint ferries—Generally.
Joint ferries over water boundary between two counties.
Joint ferries over water boundary between two counties—Joint
board of commissioners to administer—Records kept.
Joint ferries over water boundary between two counties—
Commission authority—Expenses shared.
Joint ferries over water boundary between two counties—
Audit and allowance of claims.
Joint ferries over water boundary between two counties—
County commissioner duties enumerated—Omission as
ground for impeachment.
County ferry districts—Authorized—Powers—Governing
body—Passenger-only ferry service between Vashon and
Seattle.
County ferry districts—District may construct, purchase, operate, and maintain passenger-only ferries and wharves.
County ferry districts—Tax levy authorized—Uses.
County ferry districts—General indebtedness, bond issuance.
County ferry districts—Excess levies.
County ferry districts—Budget of fund requirements.
County ferry districts—General property tax levies.
County ferry districts—Treasurer—Ferry district fund.
County ferry districts—Not subject to Washington utilities and
transportation commission.
County ferry districts—Dissolution.
36.54.010 County may acquire, construct, maintain,
and operate ferry. Any county may construct, condemn, or
purchase, operate and maintain ferries or wharves at any
unfordable stream, lake, estuary or bay within or bordering
on said county, or between portions of the county, or between
such county and other counties, together with all the necessary boats, grounds, roads, approaches, and landings apper36.54.010
(2010 Ed.)
36.54.040
taining thereto under the direction and control of the board of
county commissioners free or for toll and as the board shall
by resolution determine. [1963 c 4 § 36.54.010. Prior: 1919
c 115 § 1; 1899 c 29 § 1; 1895 c 130 § 2; RRS § 5477.]
36.54.015 Ferries—Fourteen year long range
improvement plan—Contents. The legislative authority of
every county operating ferries shall prepare, with the advice
and assistance of the county engineer, a fourteen year long
range capital improvement plan embracing all major elements of the ferry system. Such plan shall include a listing of
each major element of the system showing its estimated current value, its estimated replacement cost, and its amortization period. [1975 1st ex.s. c 21 § 2.]
36.54.015
36.54.020 Joint ferries—Generally. The board of
county commissioners of any county may, severally or jointly
with any other county, city or town, or the state of Washington, or any other state or any county, city or town of any other
state, construct or acquire by purchase, gift, or condemnation,
and operate any ferry necessary for continuation or connection of any county road across any navigable water. The procedure with respect to the exercise of the power herein
granted shall be the same as provided for the joint erection or
acquisition of bridges, trestles, or other structures. Any such
ferries may be operated as free ferries or as toll ferries under
the provisions of law of this state relating thereto. [1963 c 4
§ 36.54.020. Prior: 1937 c 187 § 31; RRS § 6450-31.]
36.54.020
36.54.030 Joint ferries over water boundary between
two counties. Whenever a river, lake, or other body of water
is on the boundary line between two counties, the boards of
county commissioners of the counties adjoining such stream
or body of water may construct, purchase, equip, maintain,
and operate a ferry across such river, lake, or other body of
water, when such ferry connects the county roads or other
public highways of their respective counties. All costs and
expenses of constructing, purchasing, maintaining, and operating such ferry shall be paid by the two counties, each paying such proportion thereof as shall be agreed upon by the
boards of county commissioners. [1963 c 4 § 36.54.030.
Prior: 1917 c 158 § 1; RRS § 5479.]
36.54.030
36.54.040 Joint ferries over water boundary between
two counties—Joint board of commissioners to administer—Records kept. The boards of county commissioners of
the two counties, participating in a joint ferry, shall meet in
joint session at the county seat of one of the counties interested, and shall elect one of their members as chair of the
joint board of commissioners, who shall act as such chair during the remainder of his or her term of office, and, at the expiration of his or her term of office, the two boards of county
commissioners shall meet and elect a new chair, who shall act
as such chair during his or her term of office as county commissioner, and they shall continue to elect a chair in like manner thereafter. The county auditors of the counties shall be
clerks of such joint commission, and the county auditor of the
county where each meeting is held shall act as clerk of the
commission at all meetings held in his or her county. Each
county auditor, as soon as the joint commission is organized,
36.54.040
[Title 36 RCW—page 115]
36.54.050
Title 36 RCW: Counties
shall procure a record book and enter therein a complete
record of the proceedings of the commission, and immediately after each adjournment the county auditor of the county
in which the meeting is held shall forward a complete copy of
the minutes of the proceedings of the commission to the auditor of the other county to be entered by him or her in his or her
record. Each county shall keep a complete record of the proceedings of the commission. [2009 c 549 § 4092; 1963 c 4 §
36.54.040. Prior: 1917 c 158 § 2; RRS § 5480.]
36.54.050
36.54.050 Joint ferries over water boundary between
two counties—Commission authority—Expenses shared.
The joint commission is authorized to transact all business
necessary in carrying out the purposes of RCW 36.54.030
through 36.54.070 and its acts shall be binding upon the two
counties, and one-half of all bills and obligations created by
the commission shall be binding and a legal charge against
the road fund of each county and the claims therefor shall be
allowed and paid out of the county road fund the same as
other claims against said fund are allowed and paid, unless
otherwise provided in an agreement between the two counties. [2006 c 332 § 10; 1963 c 4 § 36.54.050. Prior: 1917 c
158 § 3; RRS § 5481.]
36.54.060
36.54.060 Joint ferries over water boundary between
two counties—Audit and allowance of claims. All claims
and accounts for the construction, operation and maintenance
of a joint county ferry shall be presented to and audited by the
joint commission: PROVIDED, That items of expense connected with the operation of such ferry which do not exceed
the sum of thirty dollars may be presented to the chair of the
joint commission and allowed by him or her and when
allowed shall be a joint charge against the road fund of each
of the counties operating such ferry. [2009 c 549 § 4093;
1963 c 4 § 36.54.060. Prior: 1917 c 158 § 4; RRS § 5482.]
36.54.070
36.54.070 Joint ferries over water boundary between
two counties—County commissioner duties enumerated—Omission as ground for impeachment. The members of the board of county commissioners of each county
shall be members of the joint commission and their refusal to
act shall be ground for impeachment. They shall provide for
the maintenance and operation of the ferry until it is discontinued by a majority vote of the joint commission. [1963 c 4
§ 36.54.070. Prior: 1917 c 158 § 5; RRS § 5483.]
within the meaning of Article VII, section 2 of the state Constitution.
(3) A ferry district is a body corporate and possesses all
the usual powers of a corporation for public purposes as well
as all other powers that may now or hereafter be specifically
conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.
(4) The members of the county legislative authority, acting ex officio and independently, shall compose the governing body of any ferry district that is created within the county.
The voters of a ferry district must be registered voters residing within the boundaries of the district.
(5) A county with a population greater than one million
persons and having a boundary on Puget Sound, or a county
to the west of Puget Sound with a population greater than two
hundred thirty thousand but less than three hundred thousand
persons, proposing to create a ferry district to assume a passenger-only ferry route between Vashon and Seattle, including an expansion of that route to include Southworth, shall
first receive approval from the governor after submitting a
complete business plan to the governor and the legislature by
November 1, 2007. The business plan must, at a minimum,
include hours of operation, vessel needs, labor needs, proposed routes, passenger terminal facilities, passenger rates,
anticipated federal and local funding, coordination with
Washington state ferry system, coordination with existing
transit providers, long-term operation and maintenance
needs, and long-term financial plan. The business plan may
include provisions regarding coordination with an appropriate county to participate in a joint ferry under RCW
36.54.030 through 36.54.070. In order to be considered for
assuming the route, the ferry district shall ensure that the
route will be operated only by the ferry district and not contracted out to a private entity, all existing labor agreements
will be honored, and operations will begin no later than July
1, 2008. If the route is to be expanded to include serving
Southworth, the ferry district shall enter into an interlocal
agreement with the public transportation benefit area serving
the Southworth ferry terminal within thirty days of beginning
Southworth ferry service. For the purposes of this subsection, Puget Sound is considered as extending north to Admiralty Inlet. [2007 c 223 § 5; 2006 c 332 § 7; 2003 c 83 § 301.]
Effective date—2007 c 223: See note following RCW 36.57A.220.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.120 County ferry districts—District may construct, purchase, operate, and maintain passenger-only
ferries and wharves. A ferry district may construct, purchase, operate, and maintain passenger-only ferries or
wharves at any unfordable stream, lake, estuary, or bay
within or bordering the ferry district, or between portions of
the ferry district, or between the ferry district and other ferry
districts, together with all the necessary boats, grounds,
roads, approaches, and landings appertaining thereto under
the direction and control of the governing body of the ferry
district, free or for toll as the governing body determines by
resolution. [2003 c 83 § 302.]
36.54.120
36.54.110
36.54.110 County ferry districts—Authorized—
Powers—Governing body—Passenger-only ferry service
between Vashon and Seattle. (1) The legislative authority
of a county may adopt an ordinance creating a ferry district in
all or a portion of the area of the county, including the area
within the corporate limits of any city or town within the
county. The ordinance may be adopted only after a public
hearing has been held on the creation of a ferry district, and
the county legislative authority makes a finding that it is in
the public interest to create the district.
(2) A ferry district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII,
section 1 of the state Constitution, and a "taxing district"
[Title 36 RCW—page 116]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
(2010 Ed.)
Franchises on Roads and Bridges
36.54.130 County ferry districts—Tax levy authorized—Uses. (1) To carry out the purposes for which ferry
districts are created, the governing body of a ferry district
may levy each year an ad valorem tax on all taxable property
located in the district not to exceed seventy-five cents per
thousand dollars of assessed value, except a ferry district in a
county with a population of one million five hundred thousand or more may not levy at a rate that exceeds seven and
one-half cents per thousand dollars of assessed value. The
levy must be sufficient for the provision of ferry services as
shown to be required by the budget prepared by the governing body of the ferry district.
(2) A tax imposed under this section may be used only
for:
(a) Providing ferry services, including the purchase,
lease, or rental of ferry vessels and dock facilities;
(b) The operation, maintenance, and improvement of
ferry vessels and dock facilities;
(c) Providing shuttle services between the ferry terminal
and passenger parking facilities, and other landside improvements directly related to the provision of passenger-only
ferry service; and
(d) Related personnel costs. [2009 c 551 § 4; 2007 c 223
§ 6; 2006 c 332 § 9; 2003 c 83 § 303.]
36.54.130
Effective date—2007 c 223: See note following RCW 36.57A.220.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.135 County ferry districts—General indebtedness, bond issuance. (1) A county ferry district may incur
general indebtedness, and issue general obligation bonds, to
finance the construction, purchase, and preservation of passenger-only ferries and associated terminals and retire the
indebtedness in whole or in part from the revenues received
from the tax levy authorized in RCW 36.54.130.
(2) The ordinance adopted by the county legislative
authority creating the county ferry district and authorizing the
use of revenues received from the tax levy authorized in
RCW 36.54.130 must indicate an intent to incur this indebtedness and the maximum amount of this indebtedness that is
contemplated. [2007 c 223 § 7.]
36.54.135
Effective date—2007 c 223: See note following RCW 36.57A.220.
36.54.140 County ferry districts—Excess levies. A
ferry district may impose excess levies upon the property
included within the district for a one-year period to be used
for operating or capital purposes whenever authorized by the
electors of the district under RCW 84.52.052 and Article VII,
section 2(a) of the state Constitution. [2003 c 83 § 304.]
36.54.140
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Chapter 36.55
year, the county legislative authority of the county in which a
ferry district is located shall make the required levies for district purposes against the real and personal property in the
district. The tax levies must be a part of the general tax roll
and be collected as a part of the general taxes against the
property in the district. [2003 c 83 § 306.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.170 County ferry districts—Treasurer—Ferry
district fund. (1) The treasurer of the county in which a ferry
district is located shall be treasurer of the district. The county
treasurer shall receive and disburse ferry district revenues,
collect taxes authorized and levied under this chapter, and
credit district revenues to the proper fund.
(2) The county treasurer shall establish a ferry district
fund, into which must be paid all district revenues, and the
county treasurer shall also maintain such special funds as
may be created by the governing body of a ferry district, into
which the county treasurer shall place all money as the governing body of the district may, by resolution, direct.
(3) The county treasurer shall pay out money received
for the account of the ferry district on warrants issued by the
county auditor against the proper funds of the district.
(4) All district funds must be deposited with the county
depositaries under the same restrictions, contracts, and security as provided for county depositaries.
(5) All interest collected on ferry district funds belongs
to the district and must be deposited to its credit in the proper
district funds. [2003 c 83 § 307.]
36.54.170
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.180 County ferry districts—Not subject to
Washington utilities and transportation commission. A
ferry district is exempt from the provisions of Title 81 RCW
and is not subject to the control of the Washington utilities
and transportation commission. It is not necessary for a ferry
district to apply for a certificate of public convenience and
necessity. [2003 c 83 § 308.]
36.54.180
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.190 County ferry districts—Dissolution. A
ferry district formed under this chapter may be dissolved in
the manner provided in chapter 53.48 RCW, relating to port
districts. [2003 c 83 § 309.]
36.54.190
Findings—Intent—Captions, part headings not law—
Severability—Effective date—2003 c 83: See notes following RCW
36.57A.200.
Chapter 36.55 RCW
FRANCHISES ON ROADS AND BRIDGES
Chapter 36.55
36.54.150 County ferry districts—Budget of fund
requirements. The governing body of the ferry district shall
annually prepare a budget of the requirements of each district
fund. [2003 c 83 § 305.]
36.54.150
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.160 County ferry districts—General property
tax levies. At the time of making general tax levies in each
36.54.160
(2010 Ed.)
Sections
36.55.010
36.55.020
36.55.030
36.55.040
36.55.050
36.55.060
36.55.070
36.55.080
Pipe line and wire line franchises on county roads.
Cattleguards, tramroad, and railway rights.
Franchises on county bridges.
Application—Notice of hearing.
Hearing—Order.
Limitations upon grants.
Existing franchises validated.
Record of franchises.
[Title 36 RCW—page 117]
36.55.010
Title 36 RCW: Counties
36.55.010 Pipe line and wire line franchises on
county roads. Any board of county commissioners may
grant franchises to persons or private or municipal corporations to use the right-of-way of county roads in their respective counties for the construction and maintenance of waterworks, gas pipes, telephone, telegraph, and electric light
lines, sewers and any other such facilities. [1963 c 4 §
36.55.010. Prior: 1961 c 55 § 2; prior: 1937 c 187 § 38, part;
RRS § 6450-38, part.]
36.55.010
36.55.020 Cattleguards, tramroad, and railway
rights. Any board of county commissioners may grant to any
person the right to build and maintain tramroads and railway
roads upon county roads under such regulations and conditions as the board may prescribe, and may grant to any person
the right to build and maintain cattleguards across the entire
right-of-way on any county road, under such regulations and
conditions as the board may prescribe: PROVIDED, That
such tramroad or railway road shall not occupy more than
eight feet of the county road upon which the same is built and
shall not be built upon the roadway of such county road nor
in such a way as to interfere with the public travel thereon.
[1963 c 4 § 36.55.020. Prior: 1941 c 138 § 1; 1937 c 187 §
39; Rem. Supp. 1941 § 6450-39.]
36.55.020
36.55.030 Franchises on county bridges. Any board
of county commissioners may grant franchises upon bridges,
trestles, or other structures constructed and maintained by it,
severally or jointly with any other county or city or town of
this state, or jointly with any other state or any county, city or
town of any other state, in the same manner and under the
same provisions as govern the granting of franchises on
county roads. [1963 c 4 § 36.55.030. Prior: 1937 c 187 § 40;
RRS § 6450-40.]
36.55.030
36.55.040 Application—Notice of hearing. On application being made to the county legislative authority for franchise, it shall fix a time and place for hearing the same, and
shall cause the county auditor to give public notice thereof at
the expense of the applicant, by posting notices in three public places in the county seat of the county at least fifteen days
before the day fixed for the hearing. The county legislative
authority shall also publish a like notice two times in the official newspaper of the county, the last publication to be not
less than five days before the day fixed for the hearing. The
notice shall state the name or names of the applicant or applicants, a description of the county roads by reference to section, township and range in which the county roads or portions thereof are physically located, to be included in the
franchise for which the application is made, and the time and
place fixed for the hearing. [1985 c 469 § 49; 1963 c 4 §
36.55.040. Prior: 1961 c 55 § 3; prior: 1937 c 187 § 38, part;
RRS § 6450-38, part.]
36.55.040
36.55.050 Hearing—Order. The hearing may be
adjourned from time to time by the order of the board of
county commissioners. If, after the hearing, the board deems
it to be for the public interest to grant the franchise in whole
or in part, it may make and enter a resolution to that effect and
may require the applicant to place his or her utility and its
36.55.050
[Title 36 RCW—page 118]
appurtenances in such location on or along the county road as
the board finds will cause the least interference with other
uses of the road. [2009 c 549 § 4094; 1963 c 4 § 36.55.050.
Prior: 1961 c 55 § 4; prior: 1937 c 187 § 38, part; RRS §
6450-38, part.]
36.55.060 Limitations upon grants. (1) Any person
constructing or operating any utility on or along a county
road shall be liable to the county for all necessary expense
incurred in restoring the county road to a suitable condition
for travel.
(2) No franchise shall be granted for a period of longer
than fifty years.
(3) No exclusive franchise or privilege shall be granted.
(4) The facilities of the holder of any such franchise shall
be removed at the expense of the holder thereof, to some
other location on such county road in the event it is to be constructed, altered, or improved or becomes a primary state
highway and such removal is reasonably necessary for the
construction, alteration, or improvement thereof.
(5) Counties shall, in the predesign phase of construction
projects involving relocation of sewer and/or water facilities,
consult with public utilities operating water/sewer systems in
order to coordinate design. [2007 c 31 § 6; 1963 c 4 §
36.55.060. Prior: 1961 c 55 § 5; prior: 1937 c 187 § 38, part;
RRS § 6450-38, part.]
36.55.060
36.55.070 Existing franchises validated. All rights,
privileges, or franchises granted or attempted to be granted
by the board of county commissioners of any county prior to
April 1, 1937, when such board of county commissioners was
in regular or special session and when the action of such
board is shown by its records, to any person to erect, construct, maintain, or operate any railway or poles, pole lines,
wires, or any other thing for the furnishing, transmission,
delivery, enjoyment, or use of electric energy, electric power,
electric light, and telephone connection therewith, or any
other matter relating thereto; or to lay or maintain pipes for
the distribution of water, or gas, or to or for any other such
facilities in, upon, along, through or over any county roads,
are confirmed and declared to be valid to the extent that such
rights, privileges, or franchises specifically refer or apply to
any county road or county roads, or to the extent that any
such county road has prior to April 1, 1937, been actually
occupied by the bona fide construction and operation of such
utility, and such rights, privileges, and franchises hereby confirmed shall have the same force and effect as if the board of
county commissioners prior to the time of granting said
rights, privileges, and franchises, had been specifically
authorized to grant them. [1963 c 4 § 36.55.070. Prior: 1937
c 187 § 41; RRS § 6450-41.]
36.55.070
36.55.080 Record of franchises. The board of county
commissioners shall cause to be recorded with the county
auditor a complete record of all existing franchises upon the
county roads of its county and the auditor shall keep and
maintain a currently correct record of all franchises existing
or granted with the information describing the holder of the
franchise, the purpose thereof, the portion of county road
over or along which granted, the date of granting, term for
36.55.080
(2010 Ed.)
Metropolitan Municipal Corporation Functions, Etc.—Assumption by Counties
which granted, and date of expiration, and any other information with reference to any special provisions of such franchises. [1963 c 4 § 36.55.080. Prior: 1937 c 187 § 42; RRS
§ 6450-42.]
Chapter 36.56 RCW
METROPOLITAN MUNICIPAL CORPORATION
FUNCTIONS, ETC.—ASSUMPTION BY COUNTIES
Chapter 36.56
Sections
36.56.010
36.56.020
36.56.030
36.56.040
36.56.050
36.56.060
36.56.070
36.56.080
36.56.090
36.56.100
36.56.110
36.56.121
36.56.900
36.56.910
Assumption of rights, powers, functions, and obligations
authorized.
Ordinance or resolution of intention to assume rights, powers,
functions, and obligations—Adoption—Publication—Hearing.
Hearing.
Declaration of intention to assume—Submission of ordinance
or resolution to voters required—Extent of rights, powers,
functions, and obligations assumed and vested in county—
Abolition of metropolitan council—Transfer of rights, powers, functions, and obligations to county.
Employees and personnel.
Apportionment of budgeted funds—Transfer and adjustment
of funds, accounts and records.
Existing rights, actions, proceedings, etc. not impaired or
altered.
Collective bargaining units or agreements.
Rules and regulations, pending business, contracts, obligations, validity of official acts.
Real and personal property—Reports, books, records, etc.—
Funds, credits, assets—Appropriations or federal grants.
Debts and obligations.
Maintenance plan.
Severability—Construction—1977 ex.s. c 277.
Effective date—1977 ex.s. c 277.
36.56.010 Assumption of rights, powers, functions,
and obligations authorized. Any county with a population
of two hundred ten thousand or more in which a metropolitan
municipal corporation has been established pursuant to chapter 35.58 RCW with boundaries coterminous with the boundaries of the county may by ordinance or resolution, as the
case may be, of the county legislative authority assume the
rights, powers, functions, and obligations of such metropolitan municipal corporation in accordance with the provisions
of *this 1977 amendatory act. The definitions contained in
RCW 35.58.020 shall be applicable to this chapter. [1991 c
363 § 72; 1977 ex.s. c 277 § 1.]
36.56.010
*Reviser’s note: "this 1977 amendatory act" or "this act" [1977 ex.s. c
277] consists of chapter 36.56 RCW and the amendment to RCW 35.58.020
by 1977 ex.s. c 277.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.56.020 Ordinance or resolution of intention to
assume rights, powers, functions, and obligations—Adoption—Publication—Hearing. The assumption of the rights,
powers, functions, and obligations of a metropolitan municipal corporation may be initiated by the adoption of an ordinance or a resolution, as the case may be, by the county legislative authority indicating its intention to conduct a hearing
concerning assumption of such rights, powers, functions, and
obligations. In the event the county legislative authority
adopts such an ordinance or a resolution of intention, such
ordinance or resolution shall set a time and place at which it
(2010 Ed.)
will consider the proposed assumption of the rights, powers,
functions, and obligations of the metropolitan municipal corporation, and shall state that all persons interested may
appear and be heard. Such ordinance or resolution of intention shall be published for at least four times during the four
weeks next preceding the scheduled hearing in newspapers of
daily general circulation printed or published in said county.
[1977 ex.s. c 277 § 2.]
36.56.030
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by county or metropolitan municipal corporation: RCW 64.04.130.
36.56.020
36.56.040
36.56.030 Hearing. At the time scheduled for the hearing in the ordinance or resolution of intention, the county legislative authority shall consider the assumption of the rights,
powers, functions, and obligations of the metropolitan
municipal corporation, and hear those appearing and all protests and objections to it. The county legislative authority
may continue the hearing from time to time, not exceeding
sixty days in all. [1977 ex.s. c 277 § 3.]
36.56.040
36.56.040 Declaration of intention to assume—Submission of ordinance or resolution to voters required—
Extent of rights, powers, functions, and obligations
assumed and vested in county—Abolition of metropolitan
council—Transfer of rights, powers, functions, and obligations to county. If, from the testimony given before the
county legislative authority, it appears that the public interest
or welfare would be satisfied by the county assuming the
rights, powers, functions, and obligations of the metropolitan
municipal corporation, the county legislative authority may
declare that to be its intent and assume such rights, powers,
functions, and obligations by ordinance or resolution, as the
case may be, providing that the county shall be vested with
every right, power, function, and obligation currently granted
to or possessed by the metropolitan municipal corporation
pursuant to chapter 35.58 RCW (including *RCW 35.58.273
relating to levy and use of the motor vehicle excise tax) or
other provision of state law, including but not limited to, the
power and authority to levy a sales and use tax pursuant to
chapter 82.14 RCW or other provision of law: PROVIDED,
That such ordinance or resolution shall be submitted to the
voters of the county for their adoption and ratification or
rejection, and if a majority of the persons voting on the proposition residing within the central city shall vote in favor
thereof and a majority of the persons voting on the proposition residing in the metropolitan area outside of the central
city shall vote in favor thereof, the ordinance or resolution
shall be deemed adopted and ratified.
Upon assumption of the rights, powers, functions, and
obligations of the metropolitan municipal corporation by the
county, the metropolitan council established pursuant to the
provisions of RCW 35.58.120 through 35.58.160 shall be
abolished, said provisions shall be inapplicable to the county,
and the county legislative authority shall thereafter be vested
with all rights, powers, duties, and obligations otherwise
vested by law in the metropolitan council: PROVIDED, That
in any county with a home rule charter such rights, powers,
functions, and obligations shall vest in accordance with the
executive and legislative responsibilities defined in such
charter. [1977 ex.s. c 277 § 4.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
[Title 36 RCW—page 119]
36.56.050
Title 36 RCW: Counties
36.56.050 Employees and personnel. All employees
and personnel of the metropolitan municipal corporation who
are under a personnel system pursuant to RCW 35.58.370
shall be assigned to the county personnel system to perform
their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing
the county personnel system. [1977 ex.s. c 277 § 5.]
36.56.050
36.56.060 Apportionment of budgeted funds—
Transfer and adjustment of funds, accounts and records.
If apportionments of budgeted funds are required because of
the transfers authorized by this chapter, the county budget
office shall certify such apportionments to the agencies and
local governmental units affected and to the state auditor.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with such certification. [1977 ex.s. c
277 § 6.]
36.56.060
36.56.070 Existing rights, actions, proceedings, etc.
not impaired or altered. No transfer of any function made
pursuant to this chapter shall be construed to impair or alter
any existing rights acquired under the provisions of chapter
35.58 RCW or any other provision of law relating to metropolitan municipal corporations, nor as impairing or altering
any actions, activities, or proceedings validated thereunder,
nor as impairing or altering any civil or criminal proceedings
instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken
thereunder; and neither the assumption of control of any metropolitan municipal function by a county, nor any transfer of
rights, powers, functions, and obligations as provided in this
chapter, shall impair or alter the validity of any act performed
by such metropolitan municipal corporation or division
thereof or any officer thereof prior to the assumption of such
rights, powers, functions, and obligations by any county as
authorized by this chapter. [1977 ex.s. c 277 § 7.]
36.56.070
36.56.080 Collective bargaining units or agreements.
Nothing contained in this chapter shall be construed to alter
any existing collective bargaining unit or the provisions of
any existing collective bargaining agreement until any such
agreement has expired or until any such bargaining unit has
been modified as provided by law. [1977 ex.s. c 277 § 8.]
36.56.080
36.56.090 Rules and regulations, pending business,
contracts, obligations, validity of official acts. All rules
and regulations, and all pending business before the committees, divisions, boards, and other agencies of any metropolitan municipal corporation transferred pursuant to the provisions of this chapter shall be continued and acted upon by the
county.
All existing contracts and obligations of the transferred
metropolitan municipal corporation shall remain in full force
and effect, and shall be performed by the county. No transfer
authorized in this chapter shall affect the validity of any official act performed by any official or employee prior to the
transfer authorized pursuant to *this amendatory act. [1977
ex.s. c 277 § 9.]
36.56.090
[Title 36 RCW—page 120]
*Reviser’s note: "this amendatory act," see note following RCW
36.56.010.
36.56.100 Real and personal property—Reports,
books, records, etc.—Funds, credits, assets—Appropriations or federal grants. When the rights, powers, functions,
and obligations of a metropolitan municipal corporation are
transferred pursuant to this chapter, all real and personal
property owned by the metropolitan municipal corporation
shall become that of the county.
All reports, documents, surveys, books, records, files,
papers, or other writings relating to the administration of the
powers, duties, and functions transferred pursuant to this
chapter and available to the metropolitan municipal corporation shall be made available to the county.
All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed in carrying out the
rights, powers, functions, and obligations transferred by this
chapter and available to the metropolitan municipal corporation shall be made available to the county.
All funds, credits, or other assets held in connection with
powers, duties, and functions herein transferred shall be
assigned to the county.
Any appropriations or federal grant made to any committee, division, board, or other department of a metropolitan
municipal corporation for the purpose of carrying out the
rights, powers, functions, and obligations authorized to be
assumed by a county pursuant to this chapter shall on the
effective date of such transfer be credited to the county for
the purpose of carrying out such transferred rights, powers,
functions, and obligations. [1977 ex.s. c 277 § 10.]
36.56.100
36.56.110 Debts and obligations. The county shall
assume and agree to provide for the payment of all of the
indebtedness of the metropolitan municipal corporation
including the payment and retirement of outstanding general
obligation and revenue bonds issued by the metropolitan
municipal corporation. Until the indebtedness of a metropolitan municipal corporation thus assumed by a county has
been discharged, all property within the boundaries of the
metropolitan municipal corporation and the owners and occupants of that property, shall continue to be liable for taxes,
special assessments, and other charges legally pledged to pay
the indebtedness of the metropolitan municipal corporation.
The county shall assume the obligation of causing the payment of such indebtedness, collecting such taxes, assessments, and charges and observing and performing the other
contractual obligations of the metropolitan municipal corporation. The legislative authority of the county shall act in the
same manner as the governing body of the metropolitan
municipal corporation for the purpose of certifying the
amount of any property tax to be levied and collected therein,
and may cause service and other charges and assessments to
be collected from such property or owners or occupants
thereof, enforce such collection and perform all acts necessary to ensure performance of the contractual obligations of
the metropolitan municipal corporation in the same manner
and by the same means as if the property of the metropolitan
municipal corporation had not been acquired by the county.
When a county assumes the obligation of paying indebtedness of a metropolitan municipal corporation and if prop36.56.110
(2010 Ed.)
County Public Transportation Authority
erty taxes or assessments have been levied and service and
other charges have accrued for such purpose but have not
been collected by the metropolitan municipal corporation
prior to such assumption, the same when collected shall
belong and be paid to the county and be used by such county
so far as necessary for payment of the indebtedness of the
metropolitan municipal corporation existing and unpaid on
the date such county assumed that indebtedness. Any funds
received by the county which have been collected for the purpose of paying any bonded or other indebtedness of the metropolitan municipal corporation shall be used for the purpose
for which they were collected and for no other purpose until
such indebtedness has been paid and retired or adequate provision has been made for such payment and retirement. No
transfer of property as provided in *this act shall derogate
from the claims or rights of the creditors of the metropolitan
municipal corporation or impair the ability of the metropolitan municipal corporation to respond to its debts and obligations. [1977 ex.s. c 277 § 11.]
*Reviser’s note: "this act," see note following RCW 36.56.010.
36.56.121 Maintenance plan. As a condition of receiving state funding, a county that has assumed the transportation functions of a metropolitan municipal corporation shall
submit a maintenance and preservation management plan for
certification by the department of transportation. The plan
must inventory all transportation system assets within the
direction and control of the county, and provide a preservation plan based on lowest life-cycle cost methodologies.
[2006 c 334 § 29; 2003 c 363 § 303.]
36.56.121
Effective date—2006 c 334: See note following RCW 47.01.051.
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
36.56.900 Severability—Construction—1977 ex.s. c
277. If any provision of this 1977 amendatory act, or its
application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to
other persons or circumstances is not affected. In the event
the provisions in RCW 36.56.040 requiring approval by both
the voters of a central city and the county voters residing outside of the central city are held to be invalid, then such provisions shall be severable and the ballot proposition on the
transfer of the metropolitan municipal corporation to the
county shall be decided by the majority vote of the voters voting thereon in a countywide election. [1977 ex.s. c 277 § 14.]
36.56.900
36.56.910 Effective date—1977 ex.s. c 277. This 1977
amendatory act shall take effect July 1, 1978. [1977 ex.s. c
277 § 15.]
36.57.060
36.57.070
36.57.080
36.57.090
36.57.100
36.57.110
36.57.120
36.57.130
36.57.030
Transportation fund—Contributions.
Public transportation plan.
Transfer of transportation powers and rights to authority—
Funds—Contract indebtedness.
Acquisition of existing transportation system—Assumption of
labor contracts—Transfer of employees—Preservation of
benefits—Collective bargaining.
Counties authorized to perform public transportation function
in unincorporated areas—Exceptions.
Boundaries of unincorporated transportation benefit areas.
Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
Public transportation for persons with special needs.
Financing of public transportation systems: Chapter 35.95 RCW and RCW
82.14.045.
Municipality defined for purposes of RCW 36.57.080, 36.57.100, and
36.57.110: RCW 35.58.272.
36.57.010 Definitions. For the purposes of this chapter
the following definitions shall apply:
(1) "Authority" means the county transportation authority created pursuant to this chapter.
(2) "Population" means the number of residents as
shown by the figures released for the most recent official
state, federal, or county census, or population determination
made by the office of financial management.
(3) "Public transportation function" means the transportation of passengers and their incidental baggage by means
other than by chartered bus, sightseeing bus, together with
the necessary passenger terminals and parking facilities or
other properties necessary for passenger and vehicular access
to and from such people-moving systems, and may include
contracting for the provision of ambulance services for the
transportation of the sick and injured: PROVIDED, That
such contracting for ambulance services shall not include the
exercise of eminent domain powers: PROVIDED, FURTHER, That nothing shall prohibit an authority from leasing
its buses to private certified carriers or prohibit the county
from providing school bus service. [1981 c 319 § 1; 1979 c
151 § 39; 1974 ex.s. c 167 § 1.]
36.57.010
Population determinations, office of financial management: Chapter 43.62
RCW.
36.57.020 Public transportation authority authorized. Every county, except a county in which a metropolitan
municipal corporation is performing the function of public
transportation on May 5, 1974, is authorized to create a
county transportation authority which shall perform the function of public transportation. Such authority shall embrace all
the territory within a single county and all cities and towns
therein. [1974 ex.s. c 167 § 2.]
36.57.020
36.56.910
Chapter 36.57 RCW
COUNTY PUBLIC TRANSPORTATION AUTHORITY
Chapter 36.57
Sections
36.57.010
36.57.020
36.57.030
36.57.040
36.57.050
(2010 Ed.)
Definitions.
Public transportation authority authorized.
Membership—Compensation.
Powers and duties.
Chair—General manager.
36.57.030 Membership—Compensation. Every
county which undertakes the transportation function pursuant
to RCW 36.57.020 shall create by resolution of the county
legislative body a county transportation authority which shall
be composed as follows:
(1) The elected officials of the county legislative body,
not to exceed three such elected officials;
(2) The mayor of the most populous city within the
county;
(3) The mayor of a city with a population less than five
thousand, to be selected by the mayors of all such cities
within the county;
36.57.030
[Title 36 RCW—page 121]
36.57.040
Title 36 RCW: Counties
(4) The mayor of a city with a population greater than
five thousand, excluding the most populous city, to be
selected by the mayors of all such cities within the county:
PROVIDED, HOWEVER, That if there is no city with a population greater than five thousand, excluding the most populous city, then the sixth member who shall be an elected official, shall be selected by the other two mayors selected pursuant to subsections (2) and (3) of this section; and
(5) An individual recommended by the labor organization representing the public transportation employees within
the county transportation authority. If the public transportation employees are represented by more than one labor organization, all such labor organizations shall select the nonvoting member by majority vote. The nonvoting member shall
comply with all governing bylaws and policies of the authority. The chair or cochairs of the county transportation authority shall exclude the nonvoting member from attending any
executive session held for the purpose of discussing negotiations with labor organizations. The chair or cochairs may
exclude the nonvoting member from attending any other
executive session.
The members of the authority shall be selected within
sixty days after the date of the resolution creating such
authority.
Any member of the authority who is a mayor or an
elected official selected pursuant to subsection (4) of this section and whose office is not a full time position shall receive
one hundred dollars for each day attending official meetings
of the authority. [2010 c 278 § 2; 1974 ex.s. c 167 § 3.]
36.57.040 Powers and duties. Every county transportation authority created to perform the function of public
transportation pursuant to RCW 36.57.020 shall have the following powers:
(1) To prepare, adopt, carry out, and amend a general
comprehensive plan for public transportation service.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of any transportation facilities and properties, including terminal and parking facilities,
together with all lands, rights-of-way, property, equipment,
and accessories necessary for such systems and facilities.
(3) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users including, but not limited to
senior citizens, handicapped persons, and students.
(4) If a county transit authority extends its transportation
function to any area in which service is already offered by
any company holding a certificate of public convenience and
necessity from the Washington utilities and transportation
commission under RCW 81.68.040, to acquire by purchase or
condemnation at the fair market value, from the person holding the existing certificate for providing the services, that
portion of the operating authority and equipment representing
the services within the area of public operation, or to contract
with such person or corporation to continue to operate such
service or any part thereof for time and upon such terms and
conditions as provided by contract.
(5)(a) To contract with the United States or any agency
thereof, any state or agency thereof, any metropolitan munic36.57.040
[Title 36 RCW—page 122]
ipal corporation, any other county, city, special district, or
governmental agency and any private person, firm, or corporation for the purpose of receiving gifts or grants or securing
loans or advances for preliminary planning and feasibility
studies, or for the design, construction, operation, or maintenance of transportation facilities and ambulance services:
PROVIDED, That before the authority enters into any such
contract for the provision of ambulance service, it shall submit to the voters a proposition authorizing such contracting
authority, and a majority of those voting thereon shall have
approved the proposition; and
(b) To contract with any governmental agency or with
any private person, firm, or corporation for the use by either
contracting party of all or any part of the facilities, structures,
lands, interests in lands, air rights over lands, and rights-ofway of all kinds which are owned, leased, or held by the other
party and for the purpose of planning, constructing, or operating any facility or performing any service related to transportation which the county is authorized to operate or perform, on such terms as may be agreed upon by the contracting
parties: PROVIDED, That before any contract for the lease
or operation of any transportation facilities shall be let to any
private person, firm, or corporation, competitive bids shall
first be called for and contracts awarded in accord with the
procedures established in accord with RCW 36.32.240,
36.32.250, and 36.32.270.
(6) In addition to all other powers and duties, an authority shall have the power to own, construct, purchase, lease,
add to, and maintain any real and personal property or property rights necessary for the conduct of the affairs of the
authority. An authority may sell, lease, convey, or otherwise
dispose of any authority real or personal property no longer
necessary for the conduct of the affairs of the authority. An
authority may enter into contracts to carry out the provisions
of this section. [1982 c 10 § 6. Prior: 1981 c 319 § 2; 1981 c
25 § 3; 1974 ex.s. c 167 § 4.]
Additional notes found at www.leg.wa.gov
36.57.050 Chair—General manager. The authority
shall elect a chair, and appoint a general manager who shall
be experienced in administration, and who shall act as executive secretary to, and administrative officer for the authority.
He or she shall also be empowered to employ such technical
and other personnel as approved by the authority. The general manager shall be paid such salary and allowed such
expenses as shall be determined by the authority. The general manager shall hold office at the pleasure of the authority,
and shall not be removed until after notice is given him or
her, and an opportunity for a hearing before the authority as
to the reason for his or her removal. [2009 c 549 § 4095;
1974 ex.s. c 167 § 5.]
36.57.050
36.57.060 Transportation fund—Contributions.
Each authority shall establish a fund to be designated as the
"transportation fund", in which shall be placed all sums
received by the authority from any source, and out of which
shall be expended all sums disbursed by the authority. The
county treasurer shall be the custodian of the fund, and the
county auditor shall keep the record of the receipts and disbursements, and shall draw and the county treasurer shall
36.57.060
(2010 Ed.)
County Public Transportation Authority
honor and pay all warrants, which shall be approved before
issuance and payment as directed by the authority.
The county and each city or town which is included in
the authority shall contribute such sums towards the expense
for maintaining and operating the authority as shall be agreed
upon between them. [1974 ex.s. c 167 § 6.]
36.57.070 Public transportation plan. The authority
shall adopt a public transportation plan. Such plan shall be a
general comprehensive plan designed to best serve the residents of the entire county. Prior to adoption of the plan, the
authority shall provide a minimum of sixty days during
which sufficient hearings shall be held to provide interested
persons an opportunity to participate in development of the
plan. [1974 ex.s. c 167 § 7.]
36.57.120
or she enjoyed as an employee of such system prior to such
acquisition. The authority shall engage in collective bargaining with the duly appointed representatives of any employee
labor organization having existing contracts with the
acquired transportation system and may enter into labor contracts with such employee labor organization. [2009 c 549 §
4096; 1974 ex.s. c 167 § 9.]
36.57.070
36.57.080 Transfer of transportation powers and
rights to authority—Funds—Contract indebtedness. On
the effective date of the proposition approved by the voters in
accord with RCW 35.95.040 or 82.14.045, as now or hereafter amended, the authority shall have and exercise all rights
with respect to the construction, acquisition, maintenance,
operation, extension, alteration, repair, control and management of passenger transportation which the county or any city
located within such county shall have been previously
empowered to exercise and such powers shall not thereafter
be exercised by the county or such cities without the consent
of the authority. The county and all cities within such county
upon demand of the authority shall transfer to the authority
all unexpended funds earmarked or budgeted from any
source for public transportation, including funds receivable.
The county in which an authority is located shall have the
power to contract indebtedness and issue bonds pursuant to
chapter 36.67 RCW to enable the authority to carry out the
purposes of this chapter and RCW 35.95.040 or 82.14.045, as
now or hereafter amended, and the purposes of this chapter
and RCW 35.95.040 or 82.14.045, as now or hereafter
amended, shall constitute a "county purpose" as that term is
used in chapter 36.67 RCW. [1975 1st ex.s. c 270 § 5; 1974
ex.s. c 167 § 8.]
36.57.080
Additional notes found at www.leg.wa.gov
36.57.090 Acquisition of existing transportation system—Assumption of labor contracts—Transfer of
employees—Preservation of benefits—Collective bargaining. A county transportation authority may acquire any
existing transportation system by conveyance, sale, or lease.
In any purchase from a county or city, the authority shall
receive credit from the county or city for any federal assistance and state matching assistance used by the county or city
in acquiring any portion of such system. The authority shall
assume and observe all existing labor contracts relating to
such system and, to the extent necessary for operation of
facilities, all of the employees of such acquired transportation
system whose duties are necessary to operate efficiently the
facilities acquired shall be appointed to comparable positions
to those which they held at the time of such transfer, and no
employee or retired or pensioned employee of such systems
shall be placed in any worse position with respect to pension
seniority, wages, sick leave, vacation or other benefits that he
36.57.090
(2010 Ed.)
36.57.100 Counties authorized to perform public
transportation function in unincorporated areas—Exceptions. Every county, except a county in which a metropolitan
municipal corporation is performing the public transportation
function as of July 1, 1975, is authorized to perform such
function in such portions of the unincorporated areas of the
county, except within the boundaries of a public transportation benefit area established pursuant to chapter 36.57A
RCW, as the county legislative body shall determine and the
county shall have those powers as are specified in RCW
36.57.040 with respect to the provision of public transportation as is authorized pursuant to RCW 36.57.040. [1975 1st
ex.s. c 270 § 9.]
36.57.100
Additional notes found at www.leg.wa.gov
36.57.110 Boundaries of unincorporated transportation benefit areas. The legislative body of any county is
hereby authorized to create and define the boundaries of
unincorporated transportation benefit areas within the unincorporated areas of the county, following school district or
election precinct lines, as far as practicable. Such areas shall
include only those portions of the unincorporated area of the
county which could reasonably assume to benefit from the
provision of public transportation services. [1975 1st ex.s. c
270 § 10.]
36.57.110
Additional notes found at www.leg.wa.gov
36.57.120 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each county transportation authority that owns or
operates a rail fixed guideway system as defined in RCW
81.104.015 shall submit a system safety program plan and a
system security and emergency preparedness plan for that
guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days
before beginning operations or instituting revisions to its
plans. These plans must describe the county transportation
authority’s procedures for (a) reporting and investigating
reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and
annual safety and security audit reports, (c) facilitating onsite safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee
security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation. If
required by the department, the county transportation authority shall revise its plans to incorporate the department’s
review comments within sixty days after their receipt, and
resubmit its revised plans for review.
(2) Each county transportation authority shall implement
and comply with its system safety program plan and system
security and emergency preparedness plan. The county trans36.57.120
[Title 36 RCW—page 123]
36.57.130
Title 36 RCW: Counties
portation authority shall perform internal safety and security
audits to evaluate its compliance with the plans, and submit
its audit schedule to the department of transportation no later
than December 15th each year. The county transportation
authority shall prepare an annual report for its internal safety
and security audits undertaken in the prior year and submit it
to the department no later than February 15th. This annual
report must include the dates the audits were conducted, the
scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result
of the audit activity, and the results of each audit in terms of
the adequacy and effectiveness of the plans.
(3) Each county transportation authority shall notify the
department of transportation within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach. The department may adopt rules further defining a reportable accident, unacceptable hazardous
condition, or security breach. The county transportation
authority shall investigate all reportable accidents, unacceptable hazardous conditions, or security breaches and provide a
written investigation report to the department within fortyfive calendar days after the reportable accident, unacceptable
hazardous condition, or security breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 4; 2005 c 274 §
270; 1999 c 202 § 4.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
36.57A.040 Cities included or excluded—Boundaries—Only benefited
areas included—One area per county, exception.
36.57A.050 Governing body—Selection, qualification, number of members—Travel expenses, compensation.
36.57A.055 Governing body—Periodic review of composition.
36.57A.060 Comprehensive plan—Development—Elements.
36.57A.070 Comprehensive plan—Review.
36.57A.080 General powers.
36.57A.090 Additional powers—Acquisition of existing system.
36.57A.100 Agreements with operators of local public transportation services—Operation without agreement prohibited—Purchase
or condemnation of assets.
36.57A.110 Powers of component city concerning passenger transportation transferred to benefit area—Operation of system by city
until acquired by benefit area—Consent.
36.57A.120 Acquisition of existing system—Labor contracts, employee
rights preserved—Collective bargaining.
36.57A.130 Treasurer and auditor—Powers and duties—Transportation
fund—Contribution of sums for expenses.
36.57A.140 Annexation of additional area.
36.57A.150 Advanced financial support payments.
36.57A.160 Dissolution and liquidation.
36.57A.170 Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
36.57A.180 Public transportation for persons with special needs.
36.57A.191 Maintenance plan.
36.57A.200 Passenger-only ferry service—Authorized—Investment plan.
36.57A.210 Passenger-only ferry service—Taxes, fees, and tolls.
36.57A.220 Passenger-only ferry service between Kingston and Seattle.
36.57A.230 Public transportation fares—Proof of payment—Civil infractions.
36.57A.235 Public transportation fares—Schedule of fines and penalties—
Who may monitor fare payment—Administration of citations.
36.57A.240 Public transportation fares—Powers of law enforcement
authorities.
36.57A.245 Public transportation fares—Powers and authority are supplemental to other laws.
36.57A.250 Supplemental transportation improvements.
Financing of public transportation systems: Chapter 35.95 RCW and RCW
82.14.045.
Transportation centers authorized: Chapter 81.75 RCW.
36.57A.010 Definitions. The definitions set forth in
this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "City" means an incorporated city or town.
(2) "City council" means the legislative body of any city
or town.
(3) "Component city" means an incorporated city or
town within a public transportation benefit area.
(4) "County legislative authority" means the board of
county commissioners or the county council.
(5) "Population" means the number of residents as
shown by the figures released for the most recent official
state, federal, or county census, or population determination
made by the office of financial management.
(6) "Proof of payment" means evidence of fare prepayment authorized by a public transportation benefit area for
the use of buses or other modes of public transportation.
(7) "Public transportation benefit area" means a municipal corporation of the state of Washington created pursuant to
this chapter.
(8) "Public transportation benefit area authority" or
"authority" means the legislative body of a public transportation benefit area.
(9) "Public transportation improvement conference" or
"conference" means the body established pursuant to RCW
36.57A.020 which shall be authorized to establish, subject to
the provisions of RCW 36.57A.030, a public transportation
benefit area pursuant to the provisions of this chapter.
36.57A.010
36.57.130 Public transportation for persons with special needs. (1) Effective January 1, 2001, in addition to any
other authority granted under this chapter, a county transportation authority may be created to purchase, acquire, maintain, operate, or lease transportation services, equipment, and
facilities for public transportation limited only to persons
with special needs by any method or combination of methods
provided by the authority.
(2) As used in this section, "persons with special needs"
means those persons, including their personal attendants,
who because of physical or mental disability, income status,
or age are unable to transport themselves or purchase transportation.
(3) The county transportation authority may fix, regulate, and control fares and rates to be charged for these transportation services. [2001 c 89 § 1.]
36.57.130
Chapter 36.57A
Chapter 36.57A RCW
PUBLIC TRANSPORTATION BENEFIT AREAS
Sections
36.57A.010 Definitions.
36.57A.011 Municipality defined.
36.57A.020 Public transportation improvement conference—Convening—
Purpose—Multi-county conferences.
36.57A.030 Establishment or change in boundaries of public transportation
benefit area—Hearing—Notice—Procedure—Authority of
county to terminate public transportation benefit area.
[Title 36 RCW—page 124]
(2010 Ed.)
Public Transportation Benefit Areas
(10) "Public transportation service" means the transportation of packages, passengers, and their incidental baggage
by means other than by chartered bus, sight-seeing bus,
together with the necessary passenger terminals and parking
facilities or other properties necessary for passenger and
vehicular access to and from such people moving systems:
PROVIDED, That nothing shall prohibit an authority from
leasing its buses to private certified carriers or prohibit the
authority from providing school bus service. "Public transportation service" includes passenger-only ferry service for
those public transportation benefit areas eligible to provide
passenger-only ferry service under RCW 36.57A.200. [2008
c 123 § 10; 2003 c 83 § 209; 1983 c 65 § 1; 1979 c 151 § 40;
1975 1st ex.s. c 270 § 11.]
Alphabetization—2008 c 123: See note following RCW 35.58.020.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Population determinations, office of financial management: Chapter 43.62
RCW.
Additional notes found at www.leg.wa.gov
36.57A.011 Municipality defined.
35.58.272.
36.57A.011
See RCW
36.57A.020 Public transportation improvement conference—Convening—Purpose—Multi-county conferences. The county legislative authority of every county with
a population of forty thousand or more shall, and the legislative authority of every other county may, within ninety days
of July 1, 1975, and as often thereafter as it deems necessary,
and upon thirty days prior written notice addressed to the legislative body of each city within the county and with thirty
days public notice, convene a public transportation improvement conference to be attended by an elected representative
selected by the legislative body of each city, within such
county, and by the county legislative authority. Such conference shall be for the purpose of evaluating the need for and
the desirability of the creation of a public transportation benefit area within certain incorporated and unincorporated portions of the county to provide public transportation services
within such area. In those counties where county officials
believe the need for public transportation service extends
across county boundaries so as to provide public transportation service in a metropolitan area, the county legislative bodies of two or more neighboring counties may elect to convene
a multi-county conference. In addition, countywide conferences may be convened by resolution of the legislative bodies
of two or more cities within the county, not to exceed one in
any twelve month period, or a petition signed by at least ten
percent of the registered voters in the last general election of
the city, county or city/county areas of a proposed benefit
area. The chair of the conference shall be elected from the
members at large. [1991 c 363 § 73; 1975 1st ex.s. c 270 §
12.]
36.57A.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.57A.030 Establishment or change in boundaries
of public transportation benefit area—Hearing—
Notice—Procedure—Authority of county to terminate
36.57A.030
(2010 Ed.)
36.57A.030
public transportation benefit area. Any conference which
finds it desirable to establish a public transportation benefit
area or change the boundaries of any existing public transportation benefit area shall fix a date for a public hearing
thereon, or the legislative bodies of any two or more component cities or the county legislative body by resolution may
require the public transportation improvement conference to
fix a date for a public hearing thereon. Prior to the convening
of the public hearing, the county governing body shall delineate the area of the county proposed to be included within the
transportation benefit area, and shall furnish a copy of such
delineation to each incorporated city within such area. Each
city shall advise the county governing body, on a preliminary
basis, of its desire to be included or excluded from the transportation benefit area. The county governing body shall cause
the delineations to be revised to reflect the wishes of such
incorporated cities. This delineation shall be considered by
the conference at the public hearing for inclusion in the public transportation benefit area.
Notice of such hearing shall be published once a week
for at least four consecutive weeks in one or more newspapers of general circulation within the area. The notice shall
contain a description and map of the boundaries of the proposed public transportation benefit area and shall state the
time and place of the hearing and the fact that any changes in
the boundaries of the public transportation benefit area will
be considered at such time and place. At such hearing or any
continuation thereof, any interested person may appear and
be heard on all matters relating to the effect of the formation
of the proposed public transportation benefit area.
The conference may make such changes in the boundaries of the public transportation benefit area as they shall
deem reasonable and proper, but may not delete any portion
of the proposed area which will create an island of included
or excluded lands, and may not delete a portion of any city. If
the conference shall determine that any additional territory
should be included in the public transportation benefit area, a
second hearing shall be held and notice given in the same
manner as for the original hearing. The conference may
adjourn the hearing on the formation of a public transportation benefit area from time to time not exceeding thirty days
in all.
Following the conclusion of such hearing the conference
shall adopt a resolution fixing the boundaries of the proposed
public transportation benefit area, declaring that the formation of the proposed public transportation benefit area will be
conducive to the welfare and benefit of the persons and property therein.
Within thirty days of the adoption of such conference
resolution, the county legislative authority of each county
wherein a conference has established proposed boundaries of
a public transportation benefit area, may by resolution, upon
making a legislative finding that the proposed benefit area
includes portions of the county which could not be reasonably expected to benefit from such benefit area or excludes
portions of the county which could be reasonably expected to
benefit from its creation, disapprove and terminate the establishment of such public transportation benefit area within
such county. [1977 ex.s. c 44 § 1; 1975 1st ex.s. c 270 § 13.]
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 125]
36.57A.040
Title 36 RCW: Counties
36.57A.040 Cities included or excluded—Boundaries—Only benefited areas included—One area per
county, exception. At the time of its formation no public
transportation benefit area may include only a part of any
city, and every city shall be either wholly included or wholly
excluded from the boundaries of such area. Notwithstanding
any other provision of law, if subsequent to the formation of
a public transportation benefit area additional area became or
will become a part of a component city by annexation,
merger, or otherwise, the additional area shall be included
within the boundaries of the transportation benefit area and
be subject to all taxes and other liabilities and obligations of
the public transportation benefit area. The component city
shall be required to notify the public transportation benefit
area at the time the city has added the additional area. Furthermore, notwithstanding any other provisions of law except
as specifically provided in this section, if a city that is not a
component city of the public transportation benefit area adds
area to its boundaries that is within the boundaries of the public transportation benefit area, the area so added shall be
deemed to be excluded from the public transportation benefit
area: PROVIDED, That the public transportation benefit
area shall be given notice of the city’s intention to add such
area. If a city extends its boundaries through annexation
across a county boundary line and such extended boundaries
include areas within the public transportation benefit area,
then the entire area of the city within the county that is within
the public transportation benefit area shall be included within
the public transportation benefit area boundaries. Such area
of the city in the public transportation benefit area shall be
considered a component city of the public transportation benefit area corporation.
The boundaries of any public transportation benefit area
shall follow school district lines or election precinct lines, as
far as practicable. Only such areas shall be included which
the conference determines could reasonably benefit from the
provision of public transportation services. Except as provided in RCW 36.57A.140(2), only one public transportation
benefit area may be created in any county. [1992 c 16 § 1;
1991 c 318 § 15; 1983 c 65 § 2; 1975 1st ex.s. c 270 § 14.]
36.57A.040
Intent—1991 c 318: "The legislature recognizes that certain communities have important cultural, economic, or transportation linkages to communities in other counties. Many public services can most efficiently be delivered from public agencies located in counties other than the county within
which the community is located. It is the intent of the legislature by enacting
sections 15 through 17 of this act to further more effective public transportation linkages between communities, regardless of county association, in
order to better serve state citizen needs." [1991 c 318 § 14.]
Additional notes found at www.leg.wa.gov
36.57A.050 Governing body—Selection, qualification, number of members—Travel expenses, compensation. Within sixty days of the establishment of the boundaries of the public transportation benefit area the members of
the county legislative authority and the elected representative
of each city within the area shall provide for the selection of
the governing body of such area, the public transportation
benefit area authority, which shall consist of elected officials
selected by and serving at the pleasure of the governing bodies of component cities within the area and the county legislative authority of each county within the area. If at the time
a public transportation benefit area authority assumes the
36.57A.050
[Title 36 RCW—page 126]
public transportation functions previously provided under the
Interlocal Cooperation Act (chapter 39.34 RCW) there are
citizen positions on the governing board of the transit system,
those positions may be retained as positions on the governing
board of the public transportation benefit area authority.
Within such sixty-day period, any city may by resolution
of its legislative body withdraw from participation in the public transportation benefit area. The county legislative authority and each city remaining in the public transportation benefit area may disapprove and prevent the establishment of any
governing body of a public transportation benefit area if the
composition thereof does not meet its approval.
In no case shall the governing body of a single county
public transportation benefit area be greater than nine voting
members and in the case of a multicounty area, fifteen voting
members. Those cities within the transportation benefit area
and excluded from direct membership on the authority are
hereby authorized to designate a member of the authority
who shall be entitled to represent the interests of such city
which is excluded from direct membership on the authority.
The legislative body of such city shall notify the authority as
to the determination of its authorized representative on the
authority.
There is one nonvoting member of the public transportation benefit area authority. The nonvoting member is recommended by the labor organization representing the public
transportation employees within the local public transportation system. If the public transportation employees are represented by more than one labor organization, all such labor
organizations shall select the nonvoting member by majority
vote. The nonvoting member shall comply with all governing bylaws and policies of the authority. The chair or
cochairs of the authority shall exclude the nonvoting member
from attending any executive session held for the purpose of
discussing negotiations with labor organizations. The chair
or cochairs may exclude the nonvoting member from attending any other executive session. The requirement that a nonvoting member be appointed to the governing body of a public transportation benefit area authority does not apply to an
authority that has no employees represented by a labor union.
Each member of the authority is eligible to be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060 and to receive compensation, as set
by the authority, in an amount not to exceed forty-four dollars
for each day during which the member attends official meetings of the authority or performs prescribed duties approved
by the chair of the authority. Except that the authority may,
by resolution, increase the payment of per diem compensation to each member from forty-four dollars up to ninety dollars per day or portion of a day for actual attendance at board
meetings or for performance of other official services or
duties on behalf of the authority. In no event may a member
be compensated in any year for more than seventy-five days,
except the chair who may be paid compensation for not more
than one hundred days: PROVIDED, That compensation
shall not be paid to an elected official or employee of federal,
state, or local government who is receiving regular full-time
compensation from such government for attending meetings
and performing prescribed duties of the authority.
The dollar thresholds established in this section must be
adjusted for inflation by the office of financial management
(2010 Ed.)
Public Transportation Benefit Areas
every five years, beginning July 1, 2008, based upon changes
in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s
annual average consumer price index, for Washington state,
for wage earners and clerical workers, all items, compiled by
the bureau of labor and statistics, United States department of
labor. If the bureau of labor and statistics develops more than
one consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the adjustments for inflation in this
section. The office of financial management must calculate
the new dollar threshold and transmit it to the office of the
code reviser for publication in the Washington State Register
at least one month before the new dollar threshold is to take
effect.
A person holding office as commissioner for two or
more special purpose districts shall receive only that per diem
compensation authorized for one of his or her commissioner
positions as compensation for attending an official meeting
or conducting official services or duties while representing
more than one of his or her districts. However, such commissioner may receive additional per diem compensation if
approved by resolution of all boards of the affected commissions. [2010 c 278 § 3; 2009 c 549 § 4097; 2007 c 469 § 14;
1998 c 121 § 15; 1983 c 65 § 3; 1977 ex.s. c 44 § 2; 1975 1st
ex.s. c 270 § 15.]
Additional notes found at www.leg.wa.gov
36.57A.055
36.57A.055 Governing body—Periodic review of
composition. After a public transportation benefit area has
been in existence for four years, members of the county legislative authority and the elected representative of each city
within the boundaries of the public transportation benefit area
shall review the composition of the governing body of the
benefit area and change the composition of the governing
body if the change is deemed appropriate. The review shall
be at a meeting of the designated representatives of the component county and cities, and the majority of those present
shall constitute a quorum at such meeting. Twenty days
notice of the meeting shall be given by the chief administrative officer of the public transportation benefit area authority.
After the initial review, a review shall be held every four
years.
If an area having a population greater than fifteen percent, or areas with a combined population of greater than
twenty-five percent of the population of the existing public
transportation benefit area as constituted at the last review
meeting, annex to the public transportation benefit area, or if
an area is added under RCW 36.57A.140(2), the representatives of the component county and cities shall meet within
ninety days to review and change the composition of the governing body, if the change is deemed appropriate. This meeting is in addition to the regular four-year review meeting and
shall be conducted pursuant to the same notice requirement
and quorum provisions of the regular review. [1991 c 318 §
16; 1983 c 65 § 4.]
Intent—1991 c 318: See note following RCW 36.57A.040.
(2010 Ed.)
36.57A.080
36.57A.060 Comprehensive plan—Development—
Elements. The public transportation benefit area authority
authorized pursuant to RCW 36.57A.050 shall develop a
comprehensive transit plan for the area. Such plan shall
include, but not be limited to the following elements:
(1) The levels of transit service that can be reasonably
provided for various portions of the benefit area.
(2) The funding requirements, including local tax
sources, state and federal funds, necessary to provide various
levels of service within the area.
(3) The impact of such a transportation program on other
transit systems operating within that county or adjacent counties.
(4) The future enlargement of the benefit area or the consolidation of such benefit area with other transit systems.
[1975 1st ex.s. c 270 § 16.]
36.57A.060
Additional notes found at www.leg.wa.gov
36.57A.070 Comprehensive plan—Review. The comprehensive transit plan adopted by the authority shall be
reviewed by the state department of transportation to determine:
(1) The completeness of service to be offered and the
economic viability of the transit system proposed in such
comprehensive transit plan;
(2) Whether such plan integrates the proposed transportation system with existing transportation modes and systems
that serve the benefit area;
(3) Whether such plan coordinates that area’s system and
service with nearby public transportation systems;
(4) Whether such plan is eligible for matching state or
federal funds. [2006 c 334 § 30; 1985 c 6 § 5; 1975 1st ex.s.
c 270 § 17.]
36.57A.070
Effective date—2006 c 334: See note following RCW 47.01.051.
Additional notes found at www.leg.wa.gov
36.57A.080 General powers. In addition to the powers
specifically granted by this chapter a public transportation
benefit area shall have all powers which are necessary to
carry out the purposes of the public transportation benefit
area. A public transportation benefit area may contract with
the United States or any agency thereof, any state or agency
thereof, any other public transportation benefit area, any
county, city, metropolitan municipal corporation, special district, or governmental agency, within or without the state, and
any private person, firm or corporation for the purpose of
receiving gifts or grants or securing loans or advances for
preliminary planning and feasibility studies, or for the design,
construction or operation of transportation facilities. In addition a public transportation benefit area may contract with
any governmental agency or with any private person, firm or
corporation for the use by either contracting party of all or
any part of the facilities, structures, lands, interests in lands,
air rights over lands and rights-of-way of all kinds which are
owned, leased or held by the other party and for the purpose
of planning, constructing or operating any facility or performing any service which the public transportation benefit
area may be authorized to operate or perform, on such terms
as may be agreed upon by the contracting parties. Before any
contract for the lease or operation of any public transporta36.57A.080
[Title 36 RCW—page 127]
36.57A.090
Title 36 RCW: Counties
tion benefit area facilities shall be let to any private person,
firm or corporation, a general schedule of rental rates for bus
equipment with or without drivers shall be publicly posted
applicable to all private certificated carriers, and for other
facilities competitive bids shall first be called upon such
notice, bidder qualifications and bid conditions as the public
transportation benefit area authority shall determine.
A public transportation benefit area may sue and be sued
in its corporate capacity in all courts and in all proceedings.
[1975 1st ex.s. c 270 § 18.]
Additional notes found at www.leg.wa.gov
36.57A.090 Additional powers—Acquisition of existing system. A public transportation benefit area authority
shall have the following powers in addition to the general
powers granted by this chapter:
(1) To prepare, adopt, and carry out a general comprehensive plan for public transportation service which will best
serve the residents of the public transportation benefit area
and to amend said plan from time to time to meet changed
conditions and requirements.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of transportation facilities
and properties within or without the public transportation
benefit area or the state, including systems of surface, underground, or overhead railways, tramways, buses, or any other
means of local transportation except taxis, and including
escalators, moving sidewalks, or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger and vehicular access to and from such people-moving systems, terminal and parking facilities and
properties, together with all lands, rights-of-way, property,
equipment, and accessories necessary for such systems and
facilities. Public transportation facilities and properties which
are owned by any city may be acquired or used by the public
transportation benefit area authority only with the consent of
the city council of the city owning such facilities. Cities are
hereby authorized to convey or lease such facilities to a public transportation benefit area authority or to contract for their
joint use on such terms as may be fixed by agreement
between the city council of such city and the public transportation benefit area authority, without submitting the matter to
the voters of such city.
The facilities and properties of a public transportation
benefit area system whose vehicles will operate primarily
within the rights-of-way of public streets, roads, or highways,
may be acquired, developed, and operated without the corridor and design hearings which are required by *RCW
35.58.273, as now or hereafter amended, for mass transit
facilities operating on a separate right-of-way.
(3) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users including, but not limited
to, senior citizens, handicapped persons, and students.
In the event any person holding a certificate of public
convenience and necessity from the Washington utilities and
transportation commission under RCW 81.68.040 has oper36.57A.090
[Title 36 RCW—page 128]
ated under such certificate for a continuous period of one year
prior to the date of certification and is offering service within
the public transportation benefit area on the date of the certification by the county canvassing board that a majority of
votes cast authorize a tax to be levied and collected by the
public transportation benefit area authority, such authority
may by purchase or condemnation acquire at the fair market
value, from the person holding the existing certificate for providing the services, that portion of the operating authority and
equipment representing the services within the area of public
operation. The person holding such existing certificate may
require the public transportation benefit area authority to initiate such purchase of those assets of such person, existing as
of the date of the county canvassing board certification,
within sixty days after the date of such certification. [1981 c
25 § 4; 1977 ex.s. c 44 § 3; 1975 1st ex.s. c 270 § 19.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Additional notes found at www.leg.wa.gov
36.57A.100 Agreements with operators of local public transportation services—Operation without agreement prohibited—Purchase or condemnation of assets.
Except in accordance with an agreement made as provided in
this section or in accordance with the provisions of RCW
36.57A.090(3) as now or hereafter amended, upon the effective date on which the public transportation benefit area commences to perform the public transportation service, no person or private corporation shall operate a local public passenger transportation service, including passenger-only ferry
service, within the public transportation benefit area with the
exception of taxis, buses owned or operated by a school district or private school, and buses owned or operated by any
corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or
fare is charged.
An agreement may be entered into between the public
transportation benefit area authority and any person or corporation legally operating a local public passenger transportation service, including passenger-only ferry service, wholly
within or partly within and partly without the public transportation benefit area and on said effective date under which
such person or corporation may continue to operate such service or any part thereof for such time and upon such terms
and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such local public passenger transportation service, including passenger-only ferry
service, will be required to cease to operate within the public
transportation benefit area, the public transportation benefit
area authority may agree with the owner of such service to
purchase the assets used in providing such service, or if no
agreement can be reached, the public transportation benefit
area authority shall condemn such assets in the manner and
by the same procedure as is or may be provided by law for the
condemnation of other properties for cities of the first class,
except insofar as such laws may be inconsistent with the provisions of this chapter.
Wherever a privately owned public carrier operates
wholly or partly within a public transportation benefit area,
the Washington utilities and transportation commission shall
36.57A.100
(2010 Ed.)
Public Transportation Benefit Areas
continue to exercise jurisdiction over such operation as provided by law. [2003 c 83 § 210; 1977 ex.s. c 44 § 4; 1975 1st
ex.s. c 270 § 20.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Additional notes found at www.leg.wa.gov
36.57A.110 Powers of component city concerning
passenger transportation transferred to benefit area—
Operation of system by city until acquired by benefit
area—Consent. The public transportation benefit area shall
have and exercise all rights with respect to the construction,
acquisition, maintenance, operation, extension, alteration,
repair, control and management of passenger transportation
which any component city shall have been previously
empowered to exercise and such powers shall not thereafter
be exercised by such component cities without the consent of
the public transportation benefit area: PROVIDED, That any
city owning and operating a public transportation system on
July 1, 1975 may continue to operate such system within such
city until such system shall have been acquired by the public
transportation benefit area and a public transportation benefit
area may not acquire such system without the consent of the
city council of such city. [1975 1st ex.s. c 270 § 21.]
36.57A.110
Additional notes found at www.leg.wa.gov
36.57A.120 Acquisition of existing system—Labor
contracts, employee rights preserved—Collective bargaining. If a public transportation benefit area shall acquire
any existing transportation system, it shall assume and
observe all existing labor contracts relating to such system
and, to the extent necessary for operation of facilities, all of
the employees of such acquired transportation system whose
duties are necessary to operate efficiently the facilities
acquired shall be appointed to comparable positions to those
which they held at the time of such transfer, and no employee
or retired or pensioned employee of such systems shall be
placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he or she
enjoyed as an employee of such system prior to such acquisition. The public transportation benefit area authority shall
engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and
may enter into labor contracts with such employee labor
organization. [2009 c 549 § 4098; 1975 1st ex.s. c 270 § 22.]
36.57A.120
Additional notes found at www.leg.wa.gov
36.57A.130 Treasurer and auditor—Powers and
duties—Transportation fund—Contribution of sums for
expenses. The treasurer of the county in which a public
transportation benefit area authority is located shall be ex
officio treasurer of the authority. In the case of a multicounty
public transportation benefit area the county treasurer of the
largest component county, by population, shall be the treasurer of the authority. However, the authority, by resolution,
and upon the approval of the county treasurer, may designate
some other person having experience in financial or fiscal
matters as treasurer of the authority. Such a treasurer shall
possess all of the powers, responsibilities, and duties the
36.57A.130
(2010 Ed.)
36.57A.140
county treasurer possesses for a public transportation benefit
area authority related to investing surplus authority funds.
The authority may (and if the treasurer is not a county treasurer, it shall) require a bond with a surety company authorized to do business in the state of Washington in an amount
and under the terms and conditions the authority, by resolution, from time to time finds will protect the authority against
loss. The premium on any such bond shall be paid by the
authority.
All authority funds shall be paid to the treasurer and shall
be disbursed by the treasurer only on warrants issued by the
county auditor, upon orders or vouchers approved by the
authority. However, the authority may, by resolution, designate some person having experience in financial or fiscal
matters, other than the county auditor, as the auditor of the
authority. Such an auditor shall possess all of the powers,
responsibilities, and duties that the county auditor possesses
for a public transportation benefit area authority related to
creating and maintaining funds, issuing warrants, and maintaining a record of receipts and disbursements.
The treasurer shall establish a "transportation fund," into
which shall be paid all authority funds, and the treasurer shall
maintain such special accounts as may be created by the
authority into which shall be placed all money as the authority may, by resolution, direct.
If the treasurer of the authority is a treasurer of the
county, all authority funds shall be deposited with the county
depositary under the same restrictions, contracts, and security
as provided for county depositaries. If the treasurer of the
authority is some other person, all funds shall be deposited in
such bank or banks authorized to do business in this state that
have qualified for insured deposits under any federal deposit
insurance act as the authority, by resolution, shall designate.
An authority may provide and require a reasonable bond
of any other person handling moneys or securities of the
authority, but the authority shall pay the premium on the
bond.
The county or counties and each city or town which is
included in the authority shall contribute such sums towards
the expense for maintaining and operating the public transportation system as shall be agreed upon between them.
[1983 c 151 § 1; 1975 1st ex.s. c 270 § 23.]
Additional notes found at www.leg.wa.gov
36.57A.140 Annexation of additional area. (1) An
election to authorize the annexation of territory contiguous to
a public transportation benefit area may be called within the
area to be annexed pursuant to resolution or petition in the
following manner:
(a) By resolution of a public transportation benefit area
authority when it determines that the best interests and general welfare of the public transportation benefit area would be
served. The authority shall consider the question of areas to
be annexed to the public transportation benefit area at least
once every two years.
(b) By petition calling for such an election signed by at
least four percent of the qualified voters residing within the
area to be annexed and filed with the auditor of the county
wherein the largest portion of the public transportation benefit area is located, and notice thereof shall be given to the
36.57A.140
[Title 36 RCW—page 129]
36.57A.150
Title 36 RCW: Counties
authority. Upon receipt of such a petition, the auditor shall
examine it and certify to the sufficiency of the signatures
thereon.
(c) By resolution of a public transportation benefit area
authority upon request of any city for annexation thereto.
(2) If the area proposed to be annexed is located within
another county, the petition or resolution for annexation as
set forth in subsection (1) of this section must be approved by
the legislative authority of the county if the area is unincorporated or by the legislative authority of the city or town if the
area is incorporated. Any annexation under this subsection
must involve contiguous areas.
(3) The resolution or petition shall describe the boundaries of the area to be annexed. It shall require that there also
be submitted to the electorate of the territory sought to be
annexed a proposition authorizing the inclusion of the area
within the public transportation benefit area and authorizing
the imposition of such taxes authorized by law to be collected
by the authority. [1991 c 318 § 17; 1983 c 65 § 5; 1975 1st
ex.s. c 270 § 24.]
Intent—1991 c 318: See note following RCW 36.57A.040.
Additional notes found at www.leg.wa.gov
36.57A.150 Advanced financial support payments.
Counties that have established a county transportation
authority pursuant to chapter 36.57 RCW and public transportation benefit areas that have been established pursuant to
this chapter are eligible to receive a one-time advanced financial support payment from the state to assist in the development of the initial comprehensive transit plan required by
RCW 36.57.070 and 36.57A.060. The amount of this support
payment is established at one dollar per person residing
within each county or public transportation benefit area, as
determined by the office of financial management, but no single payment shall exceed fifty thousand dollars. Repayment
of an advanced financial support payment shall be made to
the public transportation account in the general fund or, if
such account does not exist, to the general fund by each
agency within two years of the date such advanced payment
was received. Such repayment shall be waived within two
years of the date such advanced payment was received if the
voters in the appropriate counties or public transportation
benefit areas do not elect to levy and collect taxes enabled
under authority of this chapter and RCW 35.95.040 and
82.14.045. The state department of transportation shall provide technical assistance in the preparation of local transit
plans, and administer the advanced financial support payments authorized by this section. [1985 c 6 § 6; 1979 c 151 §
41; 1975 1st ex.s. c 270 § 25.]
36.57A.150
Additional notes found at www.leg.wa.gov
36.57A.160 Dissolution and liquidation. A public
transportation benefit area established pursuant to this chapter may be dissolved and its affairs liquidated when so
directed by a majority of persons in the benefit area voting on
such question. An election placing such question before the
voters may be called in the following manner:
(1) By resolution of the public transportation benefit area
authority;
36.57A.160
[Title 36 RCW—page 130]
(2) By resolution of the county legislative body or bodies
with the concurrence therein by resolution of the city council
of a component city; or
(3) By petition calling for such election signed by at least
ten percent of the qualified voters residing within the area
filed with the auditor of the county wherein the largest portion of the public transportation benefit area is located. The
auditor shall examine the same and certify to the sufficiency
of the signatures thereon: PROVIDED, That to be validated,
signatures must have been collected within a ninety day
period as designated by the petition sponsors.
Any dissolution of a public transportation benefit area
authority shall be carried out in accordance with the procedures in chapter 53.48 RCW. Any remaining deficit of the
authority determined pursuant to RCW 53.48.080 shall be
paid from the moneys collected from the tax source under
which the authority operated. [1977 ex.s. c 44 § 5; 1975 1st
ex.s. c 270 § 26.]
Additional notes found at www.leg.wa.gov
36.57A.170 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each public transportation benefit area that owns or
operates a rail fixed guideway system as defined in RCW
81.104.015 shall submit a system safety program plan and a
system security and emergency preparedness plan for that
guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days
before beginning operations or instituting revisions to its
plans. These plans must describe the public transportation
benefit area’s procedures for (a) reporting and investigating
reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and
annual safety and security audit reports, (c) facilitating onsite safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee
security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation. If
required by the department, the public transportation benefit
area shall revise its plans to incorporate the department’s
review comments within sixty days after their receipt, and
resubmit its revised plans for review.
(2) Each public transportation benefit area shall implement and comply with its system safety program plan and
system security and emergency preparedness plan. The public transportation benefit area shall perform internal safety
and security audits to evaluate its compliance with the plans,
and submit its audit schedule to the department of transportation no later than December 15th each year. The public transportation benefit area shall prepare an annual report for its
internal safety and security audits undertaken in the prior
year and submit it to the department no later than February
15th. This annual report must include the dates the audits
were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective
actions taken as a result of the audit activity, and the results
of each audit in terms of the adequacy and effectiveness of
the plans.
(3) Each public transportation benefit area shall notify
the department of transportation within two hours of an
36.57A.170
(2010 Ed.)
Public Transportation Benefit Areas
occurrence of a reportable accident, unacceptable hazardous
condition, or security breach. The department may adopt
rules further defining a reportable accident, unacceptable
hazardous condition, or security breach. The public transportation benefit area shall investigate all reportable accidents,
unacceptable hazardous conditions, or security breaches and
provide a written investigation report to the department
within forty-five calendar days after the reportable accident,
unacceptable hazardous condition, or security breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 5; 2005 c 274 §
271; 1999 c 202 § 5.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
36.57A.180 Public transportation for persons with
special needs. (1) Effective January 1, 2001, in addition to
any other authority granted under this chapter, a newly
formed public transportation benefit area, or an existing public transportation benefit area that has not yet successfully
submitted an authorizing proposition to the voters under
RCW 82.14.045, may purchase, acquire, maintain, operate,
or lease transportation services, equipment, and facilities for
public transportation limited only to persons with special
needs by any method or combination of methods provided by
the area authority.
(2) As used in this section, "persons with special needs"
means those persons, including their personal attendants,
who because of physical or mental disability, income status,
or age are unable to transport themselves or purchase transportation.
(3) The public transportation benefit area may fix, regulate, and control fares and rates to be charged for these transportation services. [2001 c 89 § 2.]
36.57A.180
36.57A.210
ger-only ferry investment plan including elements to operate
or contract for the operation of passenger-only ferry services,
purchase, lease, or rental of ferry vessels and dock facilities
for the provision of transit service, and identify other activities necessary to implement the plan. The plan must set forth
terminal locations to be served, projected costs of providing
services, and revenues to be generated from tolls, locally collected tax revenues, and other revenue sources. The plan
must ensure that services provided under the plan are for the
benefit of the residents of the benefit area. The benefit area
may use any of its powers to carry out this purpose, unless
otherwise prohibited by law. In addition, the public transportation benefit area may enter into contracts and agreements to
operate passenger-only ferry service and public-private partnerships and design-build, general contractor/construction
management, or other alternative procurement process substantially consistent with chapter 39.10 RCW. [2003 c 83 §
201.]
Findings—Intent—2003 c 83: "The legislature finds that passengeronly ferry service is a key element to the state’s transportation system and
that it is in the interest of the state to ensure provision of such services. The
legislature further finds that diminished state transportation resources require
that regional and local authorities be authorized to develop, operate, and fund
needed services.
The legislature recognizes that if the state eliminates passenger-only
ferry service on one or more routes, it should provide an opportunity for
locally sponsored service and the department of transportation should assist
in this effort.
It is the intent of the legislature to encourage interlocal agreements to
ensure passenger-only ferry service is reinstated on routes that the Washington state ferry system eliminates." [2003 c 83 § 101.]
Captions, part headings not law—2003 c 83: "Captions and part
headings used in this act are not part of the law." [2003 c 83 § 401.]
Severability—2003 c 83: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2003 c 83 § 402.]
Effective date—2003 c 83: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 23, 2003]." [2003 c 83 § 403.]
36.57A.210 Passenger-only ferry service—Taxes,
fees, and tolls. (1) A public transportation benefit area may,
as part of a passenger-only ferry investment plan, recommend
some or all of the following revenue sources as provided in
this chapter:
(a) A motor vehicle excise tax, as provided in RCW
82.80.130;
(b) A sales and use tax, as provided in RCW 82.14.440;
(c) Tolls for passengers and packages and, where applicable, parking; and
(d) Charges or licensing fees for advertising, leasing
space for services to ferry passengers, and other revenue-generating activities.
(2) Taxes may not be imposed without an affirmative
vote of the majority of the voters within the boundaries of the
area voting on a single ballot proposition to both approve a
passenger-only ferry investment plan and to approve taxes to
implement the plan. Revenues from these taxes and fees may
be used only to implement the plan and must be used for the
benefit of the residents of the benefit area. A district may
contract with the state department of revenue or other appro36.57A.210
36.57A.191 Maintenance plan. As a condition of
receiving state funding, a public transportation benefit area
authority shall submit a maintenance and preservation management plan for certification by the department of transportation. The plan must inventory all transportation system
assets within the direction and control of the authority, and
provide a preservation plan based on lowest life-cycle cost
methodologies. [2006 c 334 § 9; 2003 c 363 § 304.]
36.57A.191
Effective date—2006 c 334: See note following RCW 47.01.051.
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
36.57A.200 Passenger-only ferry service—Authorized—Investment plan. A public transportation benefit
area having a boundary located on Puget Sound may provide
passenger-only ferry service. For the purposes of this chapter
and RCW 82.14.440 and 82.80.130, Puget Sound is considered as extending north as far as the Canadian border and
west as far as Port Angeles. Before a benefit area may provide passenger-only ferry service, it must develop a passen36.57A.200
(2010 Ed.)
[Title 36 RCW—page 131]
36.57A.220
Title 36 RCW: Counties
priate entities for administration and collection of any of the
taxes or charges authorized in this section. [2003 c 83 § 202.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.57A.220 Passenger-only ferry service between
Kingston and Seattle. A public transportation benefit area
seeking grant funding as described in RCW 47.01.350 for a
passenger-only ferry route between Kingston and Seattle
shall first receive approval from the governor after submitting a complete business plan to the governor and the legislature by November 1, 2007. The business plan must, at a minimum, include hours of operation, vessel needs, labor needs,
proposed routes, passenger terminal facilities, passenger
rates, anticipated federal and local funding, coordination with
the Washington state ferry system, coordination with existing
transit providers, long-term operation and maintenance
needs, and a long-term financial plan. [2007 c 223 § 1; 2006
c 332 § 8.]
36.57A.220
Effective date—2007 c 223: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 27, 2007]." [2007 c 223 § 11.]
36.57A.230 Public transportation fares—Proof of
payment—Civil infractions. (1) Persons traveling on public transportation operated by a public transportation benefit
area shall pay the fare established by the public transportation
benefit area. Such persons shall produce proof of payment
when requested by a person designated to monitor fare payment.
(2) The following constitute civil infractions punishable
according to the schedule of fines and penalties established
by a public transportation benefit area under RCW
36.57A.235:
(a) Failure to pay the required fare;
(b) Failure to display proof of payment when requested
to do so by a person designated to monitor fare payment; and
(c) Failure to depart the bus or other mode of public
transportation when requested to do so by a person designated to monitor fare payment. [2008 c 123 § 6.]
36.57A.230
36.57A.235 Public transportation fares—Schedule of
fines and penalties—Who may monitor fare payment—
Administration of citations. (1) A public transportation
benefit area may establish, by resolution, a schedule of fines
and penalties for civil infractions established in RCW
36.57A.230. Fines established shall not exceed those
imposed for class 1 infractions under RCW 7.80.120.
(2)(a) A public transportation benefit area may designate
persons to monitor fare payment who are equivalent to, and
are authorized to exercise all the powers of, an enforcement
officer as defined in RCW 7.80.040. A public transportation
benefit area may employ personnel to either monitor fare
payment or contract for such services, or both.
(b) In addition to the specific powers granted to enforcement officers under RCW 7.80.050 and 7.80.060, persons
designated to monitor fare payment may also take the following actions:
(i) Request proof of payment from passengers;
36.57A.235
[Title 36 RCW—page 132]
(ii) Request personal identification from a passenger
who does not produce proof of payment when requested;
(iii) Issue a citation conforming to the requirements
established in RCW 7.80.070; and
(iv) Request that a passenger leave the bus or other mode
of public transportation when the passenger has not produced
proof of payment after being asked to do so by a person designated to monitor fare payment.
(3) A public transportation benefit area shall keep
records of citations in the manner prescribed by RCW
7.80.150. All civil infractions established by this section and
RCW 36.57A.230 and 36.57A.240 shall be heard and determined by a district court as provided in RCW 7.80.010 (1)
and (4). [2008 c 123 § 7.]
36.57A.240 Public transportation fares—Powers of
law enforcement authorities. RCW 36.57A.230 and
36.57A.235 do not prevent law enforcement authorities from
prosecuting for theft, trespass, or other charges by any individual who:
(1) Fails to pay the required fare on more than one occasion within a twelve-month period;
(2) Fails to timely select one of the options for responding to the notice of civil infraction after receiving a statement
of the options for responding to the notice of infraction and
the procedures necessary to exercise these options; or
(3) Fails to depart the bus or other mode of public transportation when requested to do so by a person designated to
monitor fare payment. [2008 c 123 § 8.]
36.57A.240
36.57A.245 Public transportation fares—Powers and
authority are supplemental to other laws. The powers and
a u th o ri ty c o n fe rr e d b y R CW 3 6 . 5 7A .23 0 th r o u gh
36.57A.240 shall be construed as in addition and supplemental to powers or authority conferred by any other law, and
nothing contained therein shall be construed as limiting any
other powers or authority of any public agency. [2008 c 123
§ 9.]
36.57A.245
36.57A.250 Supplemental transportation improvements. If the legislative authority of a city provides or contracts for supplemental transportation improvements, as
described in RCW 35.21.925 or under chapter 36.73 RCW, a
public transportation benefit area serving the city or border
jurisdictions shall coordinate its services with the supplemental transportation improvements to maximize efficiencies in
public transportation services within and across service
boundaries. [2010 c 251 § 5.]
36.57A.250
Chapter 36.58
Chapter 36.58 RCW
SOLID WASTE DISPOSAL
Sections
36.58.010
36.58.020
36.58.030
36.58.040
Acquisition of solid waste or recyclable materials sites authorized.
Rules and regulations as to use—Penalty.
"Transfer station" defined.
Solid waste handling systems authorized—Disposal sites—
Contracts for solid waste handling and collection of source
separated recyclable material—Waste reduction and recycling.
(2010 Ed.)
Solid Waste Disposal
36.58.045
36.58.050
36.58.060
36.58.080
36.58.090
36.58.100
36.58.110
36.58.120
36.58.130
36.58.140
36.58.150
36.58.160
County may impose fee upon solid waste collection services—
Revenue to fund compliance with comprehensive solid
waste management plan.
Solid waste disposal—Transfer stations.
Solid waste disposal—Ownership of solid wastes—Responsibility for handling.
County solid waste facilities—Exempt from municipal
taxes—Charges to mitigate impacts—Negotiation and arbitration.
Contracts with vendors for solid waste handling systems,
plants, sites, or facilities—Requirements—Vendor selection
procedures.
Solid waste disposal district—Authorized—Boundaries—
Powers—Governing body.
Solid waste disposal district—Establishment, modification, or
dissolution—Hearing—Notice.
Solid waste disposal district—Establishment—Ordinance.
Solid waste disposal district—Powers—Restrictions—Fees.
Solid waste disposal district—Excise tax—Lien for delinquent
taxes and penalties.
Solid waste disposal district—Excess levies authorized—General obligation and revenue bonds.
Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
Solid waste collection companies: Chapter 81.77 RCW.
36.58.010 Acquisition of solid waste or recyclable
materials sites authorized. Any county legislative authority
may acquire by purchase or by gift, dedication, or donation,
sites for the use of the public in disposing of solid waste or
recyclable materials. However, no county legislative authority shall be authorized to require any retail enterprise engaged
in the sale of consumer-packaged products to locate or place
a public solid waste collection site or buy-back center upon or
within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products. [1989 c 431 § 52; 1963 c 4 § 36.58.010. Prior: 1943 c
87 § 1; Rem. Supp. 1943 § 6294-150.]
36.58.010
Additional notes found at www.leg.wa.gov
36.58.020 Rules and regulations as to use—Penalty.
Any board of county commissioners may make such rules
and regulations as may be deemed necessary for the use and
occupation of such sites, and may provide for the maintenance and care thereof. Any person violating any of the rules
and regulations made by the board relating to the use or occupation of any site owned or occupied by the county for garbage disposal purposes shall be guilty of a misdemeanor.
[1963 c 4 § 36.58.020. Prior: 1943 c 87 § 2; Rem. Supp. 1943
§ 6294-151.]
36.58.020
36.58.030 "Transfer station" defined. As used in
RCW 36.58.030 through 36.58.060, the term "transfer station" means a staffed, fixed supplemental facility used by
persons and route collection vehicles to deposit solid wastes
into transfer trailers for transportation to a disposal site. This
does not include detachable containers, except in counties
with a population of less than seventy thousand, and in any
county with a population of from one hundred twenty-five
thousand to less than two hundred ten thousand that is located
east of the crest of the Cascade mountain range, where
detachable containers shall be securely fenced, staffed by an
attendant during all hours when the detachable container is
open to the public, charge a tipping fee that shall cover the
cost of providing and for use of the service, and shall be oper36.58.030
(2010 Ed.)
36.58.040
ated as a transfer station. [1991 c 363 § 74; 1989 c 431 § 27;
1975-’76 2nd ex.s. c 58 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.58.040 Solid waste handling systems authorized—
Disposal sites—Contracts for solid waste handling and
collection of source separated recyclable material—
Waste reduction and recycling. The legislative authority of
a county may by ordinance provide for the establishment of a
system or systems of solid waste handling for all unincorporated areas of the county or for portions thereof. A county
may designate a disposal site or sites for all solid waste collected in the unincorporated areas pursuant to the provisions
of a comprehensive solid waste plan adopted pursuant to
chapter 70.95 RCW. However for any solid waste collected
by a private hauler operating under a certificate granted by
the Washington utilities and transportation commission
under the provisions of chapter 81.77 RCW and which certificate is for collection in a geographic area lying in more than
one county, such designation of disposal sites shall be pursuant to an interlocal agreement between the involved counties.
A county may construct, lease, purchase, acquire, add to,
alter, or extend solid waste handling systems, plants, sites, or
other facilities and shall have full jurisdiction and authority to
manage, regulate, maintain, utilize, operate, control, and
establish the rates and charges for those solid waste handling
systems, plants, sites, or other facilities. A county may enter
into agreements with public or private parties to: (1) Construct, purchase, acquire, lease, add to, alter, extend, maintain, manage, utilize, or operate publicly or privately owned
or operated solid waste handling systems, plants, sites, or
other facilities; (2) establish rates and charges for those systems, plants, sites, or other facilities; (3) designate particular
publicly or privately owned or operated systems, plants, sites,
or other facilities as disposal sites; (4) process, treat, or convert solid waste into other valuable or useful materials or
products; and (5) sell the material or products of those systems, plants, or other facilities.
The legislative authority of a county may award contracts for solid waste handling that provide that a county provide for a minimum periodic fee or other method of compensation in consideration of the operational availability of those
solid waste handling systems, plants, sites, or other facilities
at a specified minimum level, without regard to the ownership of the systems, plants, sites or other facilities, or the
amount of solid waste actually handled during all or any part
of the contract. When a minimum level of solid waste is specified in a contract entered into under this section, there shall
be a specific allocation of financial responsibility in the event
the amount of solid waste handled falls below the minimum
level provided in the contract. Solid waste handling systems,
plants, sites, or other facilities constructed, purchased,
acquired, leased, added to, altered, extended, maintained,
managed, utilized, or operated pursuant to this section,
whether publicly or privately owned, shall be in substantial
compliance with the solid waste management plan applicable
to the county adopted pursuant to chapter 70.95 RCW.
Agreements relating to such solid waste handling systems,
plans [plants], sites, or other facilities may be for such term
36.58.040
[Title 36 RCW—page 133]
36.58.045
Title 36 RCW: Counties
and may contain such covenants, conditions, and remedies as
the legislative authority of the county may deem necessary or
appropriate.
As used in this chapter, the terms "solid waste" and
"solid waste handling" shall be as defined in RCW 70.95.030.
The legislative authority of a county may:
(1) By ordinance award a contract to collect source separated recyclable materials from residences within unincorporated areas. The legislative authority has complete authority to manage, regulate, and fix the price of the source separated recyclable collection service. The contracts may
provide that the county pay minimum periodic fees to a
municipal entity or permit holder; or
(2) Notify the commission in writing to carry out and
implement the provisions of the waste reduction and recycling element of the comprehensive solid waste management
plan.
This election may be made by counties at any time after
July 23, 1989. An initial election must be made no later than
ninety days following approval of the local comprehensive
waste management plan required by RCW 70.95.090.
Nothing in this section shall be construed to authorize
the operation of a solid waste collection system by counties
or to authorize counties to affect the authority of the utilities
and transportation commission under RCW 81.77.020.
[1992 c 131 § 3. Prior: 1989 c 431 § 28; 1989 c 399 § 9; 1986
c 282 § 20; 1975-’76 2nd ex.s. c 58 § 2.]
Severability—Legislative findings—Construction—Liberal construction—Supplemental powers—1986 c 282: See notes following RCW
35.21.156.
Additional notes found at www.leg.wa.gov
36.58.045 County may impose fee upon solid waste
collection services—Revenue to fund compliance with
comprehensive solid waste management plan. (1) The legislative authority of any county may impose a fee upon the
solid waste collection services of a solid waste collection
company operating within the unincorporated areas of the
county, to fund the administration and planning expenses that
may be incurred by the county in complying with the requirements in RCW 70.95.090. The fee may be in addition to any
other solid waste services fees and charges a county may
legally impose.
(2) Each county imposing the fee authorized by this section shall notify the Washington utilities and transportation
commission and the affected solid waste collection companies of the amount of the fee ninety days prior to its implementation. [1989 c 431 § 15.]
36.58.045
Additional notes found at www.leg.wa.gov
36.58.050 Solid waste disposal—Transfer stations.
When a comprehensive solid waste plan, as provided in RCW
70.95.080, incorporates the use of transfer stations, such stations shall be considered part of the disposal site and as such,
along with the transportation of solid wastes between disposal sites, shall be exempt from regulation by the Washington utilities and transportation commission as provided in
chapter 81.77 RCW.
Each county may enter into contracts for the hauling of
trailers of solid wastes from these transfer stations to disposal
sites and return either by (1) the normal bidding process, or
36.58.050
[Title 36 RCW—page 134]
(2) negotiation with the qualified collection company servicing the area under authority of chapter 81.77 RCW. [1975’76 2nd ex.s. c 58 § 3.]
36.58.060 Solid waste disposal—Ownership of solid
wastes—Responsibility for handling. Ownership of solid
wastes shall be vested in the person or local jurisdiction managing disposal and/or resource recovery facilities upon the
arrival of said solid wastes at said facility: PROVIDED, That
the original owner retains ownership of the solid wastes until
they arrive at the disposal site or transfer station or detachable
container, and the original owner has the right of recovery to
any valuable items inadvertently discarded: PROVIDED
FURTHER, That the person or agency providing the collection service shall be responsible for the proper handling of the
solid wastes from the point of collection to the disposal or
recovery facility. [1975-’76 2nd ex.s. c 58 § 4.]
36.58.060
36.58.080 County solid waste facilities—Exempt
from municipal taxes—Charges to mitigate impacts—
Negotiation and arbitration. County-owned solid waste
facilities shall not be subject to any tax or excise imposed by
any city or town. Cities or towns may charge counties to mitigate impacts directly attributable to the solid waste facility:
PROVIDED, That any city or town establishes that such
charges are reasonably necessary to mitigate such impacts
and that revenue generated from such charges is expended
only to mitigate such impacts. Impacts resulting from commercial and residential solid waste collection within any city
or town shall not be considered to be directly attributable to
the solid waste facility. In the event that no agreement can be
reached between the city or town and the county following a
reasonable period of good faith negotiations, including mediation where appropriate, the matter shall be resolved by a
board of arbitrators, to be convened at the request of either
party, such board of arbitrators to consist of a representative
from the city or town involved, a representative of the county,
and a third representative to be appointed by the other two
representatives. If no agreement can be reached with regard
to said third representative, the third representative shall be
appointed by a judge of the superior court of the county of the
jurisdiction owning the solid waste facility. The determination by the board of arbitrators of the sum to be paid by the
county shall be binding on all parties. Each party shall pay the
costs of their individual representatives on the board of arbitrators and they shall pay one-half of the cost of the third representative. [1983 c 171 § 1; 1982 c 175 § 8.]
36.58.080
Additional notes found at www.leg.wa.gov
36.58.090 Contracts with vendors for solid waste
handling systems, plants, sites, or facilities—Requirements—Vendor selection procedures. (1) Notwithstanding
the provisions of any county charter or any law to the contrary, and in addition to any other authority provided by law,
the legislative authority of a county may contract with one or
more vendors for one or more of the design, construction, or
operation of, or other service related to, the solid waste handling systems, plants, sites, or other facilities in accordance
with the procedures set forth in this section. When a contract
for design services is entered into separately from other ser36.58.090
(2010 Ed.)
Solid Waste Disposal
vices permitted under this section, procurement shall be in
accord with chapter 39.80 RCW. For the purpose of this
chapter, the term "legislative authority" shall mean the board
of county commissioners or, in the case of a home rule charter county, the official, officials, or public body designated by
the charter to perform the functions authorized therein.
(2) If the legislative authority of the county decides to
proceed with the consideration of qualifications or proposals
for services from vendors, the county shall publish notice of
its requirements and request submission of qualifications
statements or proposals. The notice shall be published in the
official newspaper of the county at least once a week for two
weeks not less than sixty days before the final date for the
submission of qualifications statements or proposals. The
notice shall state in summary form (a) the general scope and
nature of the design, construction, operation, or other service,
(b) the name and address of a representative of the county
who can provide further details, (c) the final date for the submission of qualifications statements or proposals, (d) an estimated schedule for the consideration of qualifications, the
selection of vendors, and the negotiation of a contract or contracts for services, (e) the location at which a copy of any
request for qualifications or request for proposals will be
made available, and (f) the criteria established by the legislative authority to select a vendor or vendors, which may
include but shall not be limited to the vendor’s prior experience, including design, construction, or operation of other
similar facilities; respondent’s management capability,
schedule availability and financial resources; cost of the services, nature of facility design proposed by the vendor; system reliability; performance standards required for the facilities; compatibility with existing service facilities operated by
the public body or other providers of service to the public;
project performance guarantees; penalty and other enforcement provisions; environmental protection measures to be
used; consistency with the applicable comprehensive solid
waste management plan; and allocation of project risks.
(3) If the legislative authority of the county decides to
proceed with the consideration of qualifications or proposals,
it may designate a representative to evaluate the vendors who
submitted qualifications statements or proposals and conduct
discussions regarding qualifications or proposals with one or
more vendors. The legislative authority or representative may
request submission of qualifications statements and may later
request more detailed proposals from one or more vendors
who have submitted qualifications statements, or the representative may request detailed proposals without having first
received and evaluated qualifications statements. The representative shall evaluate the qualifications or proposals, as
applicable. If two or more vendors submit qualifications or
proposals that meet the criteria established by the legislative
authority of the county, discussions and interviews shall be
held with at least two vendors. Any revisions to a request for
qualifications or request for proposals shall be made available to all vendors then under consideration by the city or
town and shall be made available to any other person who has
requested receipt of that information.
(4) Based on criteria established by the legislative
authority of the county, the representative shall recommend
to the legislative authority a vendor or vendors that are initially determined to be the best qualified to provide one or
(2010 Ed.)
36.58.100
more of the design, construction, or operation of, or other service related to, the proposed project or services. The legislative authority may select one or more qualified vendors for
one or more of the design, construction, or operation of, or
other service related to, the proposed project or services.
(5) The legislative authority or its representative may
attempt to negotiate a contract with the vendor or vendors
selected for one or more of the design, construction, or operation of, or other service related to, the proposed project or
services on terms that the legislative authority determines to
be fair and reasonable and in the best interest of the county. If
the legislative authority or its representative is unable to
negotiate such a contract with any one or more of the vendors
first selected on terms that it determines to be fair and reasonable and in the best interest of the county, negotiations with
any one or more of the vendors shall be terminated or suspended and another qualified vendor or vendors may be
selected in accordance with the procedures set forth in this
section. If the legislative authority decides to continue the
process of selection, negotiations shall continue with a qualified vendor or vendors in accordance with this section at the
sole discretion of the legislative authority until an agreement
is reached with one or more qualified vendors, or the process
is terminated by the legislative authority. The process may be
repeated until an agreement is reached.
(6) Prior to entering into a contract with a vendor, the
legislative authority of the county shall make written findings, after holding a public hearing on the proposal, that it is
in the public interest to enter into the contract, that the contract is financially sound, and that it is advantageous for the
county to use this method for awarding contracts compared to
other methods.
(7) Each contract shall include a project performance
bond or bonds or other security by the vendor that in the judgment of the legislative authority of the county is sufficient to
secure adequate performance by the vendor.
(8) The provisions of chapters 39.12, 39.19, and *39.25
RCW shall apply to a contract entered into under this section
to the same extent as if the systems and plants were owned by
a public body.
(9) The vendor selection process permitted by this section shall be supplemental to and shall not be construed as a
repeal of or limitation on any other authority granted by law.
(10) The alternative selection process provided by this
section may not be used in the selection of a person or entity
to construct a publicly owned facility for the storage or transfer of solid waste or solid waste handling equipment unless
the facility is either (a) privately operated pursuant to a contract greater than five years, or (b) an integral part of a solid
waste processing facility located on the same site. Instead,
the applicable provisions of RCW 36.32.250 and chapters
39.04 and 39.30 RCW shall be followed. [1992 c 131 § 4;
1989 c 399 § 10; 1986 c 282 § 19.]
*Reviser’s note: Chapter 39.25 RCW was repealed by 1994 c 138 § 2.
Severability—Legislative findings—Construction—Liberal construction—Supplemental powers—1986 c 282: See notes following RCW
35.21.156.
Additional notes found at www.leg.wa.gov
36.58.100 Solid waste disposal district—Authorized—Boundaries—Powers—Governing body. The leg36.58.100
[Title 36 RCW—page 135]
36.58.110
Title 36 RCW: Counties
islative authority of any county with a population of less than
one million is authorized to establish one or more solid waste
disposal districts within the county for the purpose of providing and funding solid waste disposal services. No solid waste
disposal district may include any area within the corporate
limits of a city or town unless the city or town governing
body adopts a resolution approving inclusion of the area
within its limits. The county legislative authority may modify
the boundaries of the solid waste disposal district by the same
procedure used to establish the district. A solid waste disposal district may be dissolved by the county legislative
authority after holding a hearing as provided in RCW
36.58.110.
As used in RCW 36.58.100 through 36.58.150 the term
"county" includes all counties other than a county with a population of one million or more.
A solid waste disposal district is a quasi-municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a
"taxing district" within the meaning of Article VII, section 2
of the state Constitution.
A solid waste disposal district shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may
now or hereafter be specifically conferred by statute: PROVIDED, That a solid waste disposal district shall not have the
power of eminent domain.
The county legislative authority shall be the governing
body of a solid waste disposal district. The electors of a solid
waste disposal district shall be all registered voters residing
within the district. [1991 c 363 § 75; 1982 c 175 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.58.110 Solid waste disposal district—Establishment, modification, or dissolution—Hearing—Notice. A
county legislative authority proposing to establish a solid
waste disposal district or to modify or dissolve an existing
solid waste disposal district shall conduct a hearing at the
time and place specified in a notice published at least once
not less than ten days prior to the hearing in a newspaper of
general circulation within the proposed solid waste disposal
district. This notice shall be in addition to any other notice
required by law to be published. Additional notice of such
hearing may be given by mail, posting within the proposed
solid waste disposal district, or in any manner local authorities deem necessary to notify affected persons. All hearings
shall be public and the county legislative authority shall hear
objections from any person affected by the formation, modification, or dissolution of the solid waste disposal district and
make such changes in the boundaries of the district or any
other modifications that the county legislative authority
deems necessary. [1982 c 175 § 2.]
36.58.110
Additional notes found at www.leg.wa.gov
36.58.120 Solid waste disposal district—Establishment—Ordinance. No solid waste disposal district shall be
established within a county unless the county legislative
authority determines, following a hearing held pursuant to
36.58.120
[Title 36 RCW—page 136]
RCW 36.58.110, that it is in the public interest to form the
district and the county legislative authority adopts an ordinance creating the solid waste disposal district and establishing its boundaries. [1982 c 175 § 3.]
Additional notes found at www.leg.wa.gov
36.58.130 Solid waste disposal district—Powers—
Restrictions—Fees. A solid waste disposal district may provide for all aspects of disposing of solid wastes. All moneys
received by a solid waste disposal district shall be used exclusively for district purposes. Nothing in this chapter shall permit waste disposal districts to engage in the collection of residential or commercial garbage.
A solid waste disposal district shall perform all construction in excess of twenty-five thousand dollars by contract let
pursuant to RCW 36.32.250.
A solid waste disposal district may collect disposal fees
based exclusively upon utilization by weight or volume for
accepting solid wastes at a disposal site or transfer station.
The county may transfer moneys to a solid waste disposal
district to be used for district purposes. [1982 c 175 § 4.]
36.58.130
Additional notes found at www.leg.wa.gov
36.58.140 Solid waste disposal district—Excise tax—
Lien for delinquent taxes and penalties. A solid waste disposal district may levy and collect an excise tax on the privilege of living in or operating a business in a solid waste disposal taxing district sufficient to fund its solid waste disposal
activities: PROVIDED, That any property which is producing commercial garbage shall be exempt if the owner is providing regular collection and disposal. The excise tax shall be
billed and collected at times and in the manner fixed and
determined by the solid waste disposal district. Penalties for
failure to pay the tax on time may be provided for. A solid
waste disposal district shall have a lien for delinquent taxes
and penalties, plus an interest rate equal to the interest rate for
delinquent property taxes. The lien shall be attached to each
parcel of property in the district that is occupied by the person
so taxed and shall be superior to all other liens and encumbrances except liens for property taxes.
The solid waste disposal district shall periodically certify
the delinquencies to the county treasurer at which time the
lien shall be attached. The lien shall be foreclosed in the same
manner as the foreclosure of real property taxes. [1982 c 175
§ 5.]
36.58.140
Additional notes found at www.leg.wa.gov
36.58.150 Solid waste disposal district—Excess levies
authorized—General obligation and revenue bonds. (1)
A solid waste disposal district shall not have the power to
levy an annual levy without voter approval, but it shall have
the power to levy a tax, in excess of the one percent limitation, upon the property within the district for a one year
period to be used for operating or capital purposes whenever
authorized by the electors of the district pursuant to RCW
84.52.052 and Article VII, section 2(a) of the state Constitution.
A solid waste disposal district may issue general obligation bonds for capital purposes only, subject to the limitations
prescribed in RCW 39.36.020(1), and may provide for the
36.58.150
(2010 Ed.)
Solid Waste Collection Districts
retirement of the bonds by voter-approved bond retirement
tax levies pursuant to Article VII, section 2(b) of the state
Constitution and RCW 84.52.056. Such general obligation
bonds shall be issued and sold in accordance with chapter
39.46 RCW.
A solid waste disposal district may issue revenue bonds
to fund its activities. Such revenue bonds may be in any form,
including bearer bonds or registered bonds as provided in
RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
revenue bonds may be issued and sold in accordance with
chapter 39.46 RCW. [1984 c 186 § 25; 1983 c 167 § 71; 1982
c 175 § 6.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
36.58.160 Collection and transportation of recyclable
materials by recycling companies or nonprofit entities—
Reuse or reclamation—Application of chapter. Nothing
in this chapter shall prevent a recycling company or nonprofit
entity from collecting and transporting recyclable materials
from a buy-back center, drop-box, or from a commercial or
industrial generator of recyclable materials, or upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. [1989 c 431 § 34.]
36.58.160
Additional notes found at www.leg.wa.gov
Chapter 36.58A RCW
SOLID WASTE COLLECTION DISTRICTS
Chapter 36.58A
Sections
36.58A.010
36.58A.020
36.58A.030
36.58A.040
Authorized—Conditions—Modification or dissolution of
district.
Hearings upon establishing, modification or dissolution of
district—Notice—Scope.
County legislative authority determination required to establish district—Commission findings as to present services.
County may collect fees of garbage and refuse collection
company—Disposition of fees—Subrogation—Lien.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
36.58A.010 Authorized—Conditions—Modification
or dissolution of district. Any county legislative authority
may establish solid waste collection districts within the
county boundaries for the mandatory collection of solid
waste: PROVIDED, That no such district shall include any
area within the corporate limits of any city or town without
the consent of the legislative authority of the city or town.
Such districts may be established only after approval of a
coordinated, comprehensive solid waste management plan
adopted pursuant to chapter 134, Laws of 1969 ex. sess. and
chapter 70.95 RCW or pursuant to another solid waste management plan adopted prior to May 21, 1971 or within one
year thereafter. The legislative authority of the county may
modify or dissolve such district after a hearing as provided
for in RCW 36.58A.020. [1971 ex.s. c 293 § 2.]
36.58A.010
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
(2010 Ed.)
36.58A.040
36.58A.020 Hearings upon establishing, modification
or dissolution of district—Notice—Scope. The county legislative authority proposing to establish a solid waste collection district or to modify or dissolve an existing solid waste
collection district shall conduct a hearing at the time and
place specified in a notice published at least once not less
than ten days prior to the hearing in a newspaper of general
circulation within the county. Additional notice of such hearing may be given by mail, posting on the property, or in any
manner local authorities deem necessary to notify adjacent
landowners and the public. All hearings shall be public and
the legislative authority shall hear objections from any person
affected by the formation of the solid waste collection district
and make such changes in the boundaries of the district or
any other modifications of plans that the legislative authority
deems necessary. [1971 ex.s. c 293 § 3.]
36.58A.020
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
36.58A.030 County legislative authority determination required to establish district—Commission findings
as to present services. No solid waste collection district
shall be established in an area within the county boundaries
unless the county legislative authority, after the hearing
regarding formation of such district, determines from that
hearing that mandatory solid waste collection is in the public
interest and necessary for the preservation of public health.
Such determination by the county legislative authority shall
require the utilities and transportation commission to investigate and make a finding as to the ability and willingness of
the existing garbage and refuse collection companies servicing the area to provide the required service.
If the utilities and transportation commission finds that
the existing garbage and refuse collection company or companies are unable or unwilling to provide the required service
it shall proceed to issue a certificate of public need and necessity to any qualified person or corporation in accordance with
the provisions of RCW 81.77.040.
The utilities and transportation commission shall notify
the county legislative authority within sixty days of its findings and actions and if no qualified garbage and refuse collection company or companies are available in the proposed
solid waste collection district, the county legislative authority
may provide county garbage and refuse collection services in
the area and charge and collect reasonable fees therefor. The
county shall not provide service in any portion of the area
found by the utilities and transportation commission to be
receiving adequate service from an existing certificated carrier unless the county shall acquire the rights of such existing
certificated carrier by purchase or condemnation. [1971 ex.s.
c 293 § 4.]
36.58A.030
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
36.58A.040 County may collect fees of garbage and
refuse collection company—Disposition of fees—Subrogation—Lien. If any garbage and refuse collection company
certified by the utilities and transportation commission which
operates in any solid waste collection district fails to collect
any fees due and payable to it for garbage and refuse collection services, such company may request the county to collect
36.58A.040
[Title 36 RCW—page 137]
Chapter 36.60
Title 36 RCW: Counties
such fees. Upon the collection of such fees, the county shall
pay one-half of the fees actually collected to the garbage and
refuse collection company entitled to receive such and shall
deposit the remaining one-half in the county general fund.
When the county undertakes to collect such fees as
requested by the garbage and refuse collection companies,
the county shall be subrogated to all of the rights of such
companies. Any such fees which the county fails to collect
shall become liens on the real or personal property of the persons owing such fees and the county may take all appropriate
legal action to enforce such liens. [1971 ex.s. c 293 § 6.]
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
Chapter 36.60
Chapter 36.60 RCW
COUNTY RAIL DISTRICTS
Sections
36.60.010
36.60.020
36.60.030
36.60.040
36.60.050
36.60.060
36.60.070
36.60.100
36.60.110
36.60.120
36.60.130
36.60.140
36.60.900
36.60.905
Establishment of district—Boundaries—Powers.
Establishment, modification, or dissolution of district—Public
notice and hearing—Election.
Authority of district to provide rail service.
Excess property tax levies authorized.
General obligation bonds authorized—Limitations—Terms.
Revenue bonds authorized—Limitations—Terms.
Power of eminent domain.
Establishment, modification, or dissolution of district—Alternate method.
Establishment, modification, or dissolution of district—Alternate method—Petition.
Establishment, modification, or dissolution of district—Alternate method—Public hearing.
Establishment, modification, or dissolution of district—Alternate method—Determination by county legislative authority.
Annexation by boundary modification—Assumption of outstanding indebtedness.
Liberal construction.
Severability—1983 c 303.
36.60.010 Establishment of district—Boundaries—
Powers. Subject to RCW 36.60.020, the legislative authority
of a county may establish one or more county rail districts
within the county for the purpose of providing and funding
improved rail freight or passenger service, or both. The
boundaries of county rail districts shall be drawn to include
contiguous property in an area from which agricultural or
other goods could be shipped by the rail service provided.
The district shall not include property outside this area which
does not, or, in the judgment of the county legislative authority, is not expected to produce goods which can be shipped by
rail, or property substantially devoted to fruit crops or producing goods that are shipped in a direction away from the
district. A county rail district is a quasi municipal corporation, an independent taxing "authority" within the meaning of
Article VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
A county rail district shall constitute a body corporate
and shall possess all the usual powers of a corporation for
public purposes as well as all other powers that may now or
hereafter be specifically conferred by statute, including, but
not limited to, the authority to hire employees, staff, and services, to enter into contracts, to accept and expend or use
gifts, grants, and donations, and to sue and be sued.
36.60.010
[Title 36 RCW—page 138]
The county legislative authority shall be the governing
body of a county rail district. The county treasurer shall act as
the ex officio treasurer of the county rail district. The electors
of a district are all registered voters residing within the district.
This authority and that provided in RCW 36.60.030 may
only be exercised outside the boundaries of the county rail
district if such extraterritorial rail services, equipment, or
facilities are found, by resolution of the county legislative
authority exercising such authority, to be reasonably necessary to link the rail services, equipment, and facilities within
the rail district to an interstate railroad system; however, if
such extraterritorial rail services, equipment, or facilities are
in or are to be located in one or more other counties, the legislative authority of such other county must consent by resolution to the proposed plan of the originating county which
consent shall not be unreasonably withheld. [2001 c 58 § 1;
1985 c 187 § 1; 1983 c 303 § 8.]
36.60.020
36.60.020 Establishment, modification, or dissolution of district—Public notice and hearing—Election. (1)
A county legislative authority proposing to establish a county
rail district, or to modify the boundaries of an existing county
rail district, or to dissolve an existing county rail district, shall
conduct a hearing at the time and place specified in a notice
published at least once, not less than ten days prior to the
hearing, in a newspaper of general circulation within the proposed county rail district. This notice shall be in addition to
any other notice required by law to be published. Additional
notice of the hearing may be given by mail, posting within the
proposed county rail district, or in any manner the county legislative authority deems necessary to notify affected persons.
All hearings shall be public and the county legislative authority shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the
county rail district.
(2) Following the hearing held under subsection (1) of
this section, the county legislative authority may adopt a resolution providing for the submission of a proposal to establish a county rail district, modify the boundaries of an existing county rail district, or dissolve an existing county rail district, if the county legislative authority finds the proposal to
be in the public interest. The resolution shall contain the
boundaries of the district if applicable.
A proposition to create a county rail district, modify the
boundaries of an existing county rail district, or dissolve an
existing rail district shall be submitted to the affected voters
at the next general election held sixty or more days after the
adoption of the resolution providing for the submittal by the
county legislative authority. The resolution shall establish the
boundaries of the district and include a finding that the creation of the district is in the public interest and that the area
included within the district can reasonably be expected to
benefit from its creation. No portion of a city may be included
in such a district unless the entire city is included.
The district shall be created upon approval of the proposition by simple majority vote. The ballot proposition submitted to the voters shall be in substantially the following form:
(2010 Ed.)
County Rail Districts
FORMATION OF COUNTY RAIL DISTRICT . . . . . .
Shall a county rail district be established for the area
described in a resolution of the legislative authority of . . . . . .
county, adopted on the . . . . day of . . . . . ., 19. . .?
[1983 c 303 § 9.]
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
36.60.030 Authority of district to provide rail service.
A county rail district is authorized to contract with a person,
partnership, or corporation to provide rail service along a
light-density essential-service rail line for the purpose of carrying commodities. The district shall also have the power to
acquire, maintain, improve, or extend rail facilities within the
district that are necessary for the safe and efficient operation
of the contracted rail service. A county rail district may
receive state rail assistance under chapter 47.76 RCW. Two
or more county rail districts may enter into interlocal cooperation agreements under chapter 39.34 RCW to carry out the
purposes of this chapter. [1983 c 303 § 10.]
36.60.030
36.60.040 Excess property tax levies authorized. A
county rail district is not authorized to impose a regular ad
valorem property tax levy but may:
(1) Levy an ad valorem property tax, in excess of the one
percent limitation, upon the property within the district for a
one-year period to be used for operating or capital purposes
whenever authorized by the voters of the district pursuant to
RCW 84.52.052 and Article VII, section 2(a) of the state
Constitution.
(2) Provide for the retirement of voter approved general
obligation bonds, issued for capital purposes only, by levying
bond retirement ad valorem property tax levies, in excess of
the one percent limitation, whenever authorized by the voters
of the district pursuant to Article VII, section 2(b) of the state
Constitution and RCW 84.52.056. [1983 c 303 § 11.]
36.60.040
36.60.050 General obligation bonds authorized—
Limitations—Terms. (1) To carry out the purpose of this
chapter, a county rail district may issue general obligation
bonds, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal
to three-eighths of one percent of the value of taxable property within the district, as the term "value of taxable property"
is defined in RCW 39.36.015. A county rail district may additionally issue general obligation bonds for capital purposes
only, together with any outstanding general obligation
indebtedness, not to exceed an amount equal to one and onefourth percent of the value of the taxable property within the
district, as the term "value of taxable property" is defined in
RCW 39.36.015, as prescribed in Article VIII, section 6 of
the state Constitution, and to provide for the retirement
thereof by excess property tax levies as provided in RCW
36.60.040(2). The county rail district may submit a single
proposition to the voters which, if approved, authorizes both
the issuance of the bonds and the bond retirement property
tax levies.
(2) General obligation bonds with a maturity in excess of
forty years shall not be issued. The governing body of the
county rail district shall by resolution determine for each gen36.60.050
(2010 Ed.)
36.60.060
eral obligation bond issue the amount, date or dates, terms,
conditions, denominations, interest rate or rates, which may
be fixed or variable, maturity or maturities, redemption
rights, registration privileges, manner of execution, price,
manner of sale, and covenants. The bonds may be in any
form, including bearer bonds or registered bonds. Facsimile
signatures may be used on the bonds and any coupons.
Refunding general obligation bonds may be issued in the
same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to
fund specific projects or enterprises that generate revenues,
charges, user fees, or special assessments, the county rail district which issues the bonds may specifically pledge all or a
portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. [1983 c 303 §
12.]
36.60.060 Revenue bonds authorized—Limitations—Terms. (1) A county rail district may issue revenue
bonds to fund revenue generating facilities which it is authorized to provide or operate. Whenever revenue bonds are to
be issued, the governing body of the district shall create or
have created a special fund or funds for the sole purpose of
paying the principal of and interest on the bonds of each such
issue, into which fund or funds the governing body may obligate the district to pay such amounts of the gross revenue of
all or any part of the facilities constructed, acquired,
improved, repaired, or replaced pursuant to this chapter as the
governing body determines.
(2) The governing body of a county rail district issuing
revenue bonds shall create a special fund or funds from
which, along with any reserves created under RCW
39.44.140, the principal and interest on the revenue bonds
shall exclusively be payable. The governing body may obligate the county rail district to set aside and pay into the special fund or funds a fixed proportion or a fixed amount of the
revenues from the public improvements, projects, facilities,
and all related additions funded by the revenue bonds. This
amount or proportion shall be a lien and charge against these
revenues, subject only to operating and maintenance
expenses. The governing body shall consider the cost of operation and maintenance of the public improvement, project,
facility, or additions funded by the revenue bonds and shall
not place into the special fund or funds a greater amount or
proportion of the revenues than it thinks will be available
after maintenance and operation expenses have been paid and
after the payment of revenue previously pledged. The governing body may also provide that revenue bonds payable
from the same source or sources of revenue may later be
issued on parity with any revenue bonds issued and sold.
(3) Revenue bonds issued pursuant to this section shall
not be an indebtedness of the county rail district issuing the
bonds, and the interest and principal on the bonds shall only
be payable from the revenues lawfully pledged to meet the
principal and interest requirements and any reserves created
pursuant to RCW 39.44.140. The owner of a revenue bond or
any interest coupon issued pursuant to this section shall not
have any claim against the county rail district arising from the
bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements
and any reserves created pursuant to RCW 39.44.140. The
36.60.060
[Title 36 RCW—page 139]
36.60.070
Title 36 RCW: Counties
substance of the limitations included in this subsection shall
be plainly printed, written, or engraved on each bond issued
pursuant to this section.
(4) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The governing body of the county
rail district shall by resolution determine for each revenue
bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges,
manner of execution, manner of sale, callable provisions, if
any, and covenants including the refunding of existing revenue bonds. The bonds may be in any form, including bearer
bonds or registered bonds. Facsimile signatures may be used
on the bonds and any coupons. Refunding revenue bonds
may be issued in the same manner as revenue bonds are
issued. [1983 c 303 § 13.]
aries, or dissolve the county rail district. They may include all
or any portion of the proposed area but may not include any
property not described in the petition. [1986 c 26 § 4.]
36.60.140 Annexation by boundary modification—
Assumption of outstanding indebtedness. All property
annexed to a county rail district by a boundary modification
under RCW 36.60.110 through 36.60.130 shall assume all or
any portion of the outstanding indebtedness of the county rail
district existing at the date of modification. [1986 c 26 § 5.]
36.60.140
36.60.900 Liberal construction. The rule of strict construction does not apply to this chapter, and this chapter shall
be liberally construed to permit the accomplishment of its
purposes. [1983 c 303 § 15.]
36.60.900
36.60.905 Severability—1983 c 303. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 303 § 23.]
36.60.905
36.60.070 Power of eminent domain. A county rail
district may exercise the power of eminent domain to obtain
property for its authorized purposes in the manner counties
exercise the powers of eminent domain. [1983 c 303 § 14.]
36.60.070
Eminent domain by counties: Chapter 8.08 RCW.
Chapter 36.61 RCW
LAKE AND BEACH MANAGEMENT DISTRICTS
Chapter 36.61
36.60.100 Establishment, modification, or dissolution of district—Alternate method. The method of establishing, modifying, or dissolving a county rail district in
RCW 36.60.110 through 36.60.130 is an alternate method to
that specified in RCW 36.60.020. [1986 c 26 § 1.]
36.60.100
36.60.110 Establishment, modification, or dissolution of district—Alternate method—Petition. A petition
to establish, modify the boundaries, or dissolve a county rail
district shall be filed with the county legislative authority.
The petition shall be signed by the owners of property valued
at not less than seventy-five percent according to the assessed
valuation for general taxation of the property for which establishment, modification or dissolution is petitioned. The petition shall set forth a legal description of the property and shall
be accompanied by a plat which outlines the boundaries of
the property sought to be annexed. [1986 c 26 § 2.]
36.60.110
36.60.120 Establishment, modification, or dissolution of district—Alternate method—Public hearing. If a
petition to establish, modify the boundaries, or dissolve a
county rail district is filed with the county legislative authority that complies with the requirements specified in RCW
36.60.110, the legislative authority may accept the petition,
fix a date for a public hearing, and publish notice of the hearing in one issue of the official county newspaper. The notice
shall also be posted in three public places within the area proposed for establishment, modification, or dissolution, and
shall specify the time and place of hearing. The expense of
publication and posting of the notice shall be paid by the
signers of the petition. [1986 c 26 § 3.]
36.60.120
Sections
36.61.010
36.61.020
36.61.025
36.61.030
36.61.040
36.61.050
36.61.060
36.61.070
36.61.080
36.61.090
36.61.100
36.61.110
36.61.115
36.61.120
36.61.130
36.61.140
36.61.150
36.61.160
36.61.170
36.61.180
36.61.190
36.61.200
36.61.210
36.61.220
36.61.230
36.61.240
36.61.250
36.61.260
36.61.270
36.61.280
Findings—Intent—Purpose.
Creation of district—Special assessments or rates and charges.
Creation of district—Duration.
Creation of district—Resolution or petition—Contents.
Creation of district—Public hearing—Notice—Contents.
Creation of district—Public hearing—Amendments to original
plan.
Creation of district—Public hearing—Legislative authority
may delegate responsibility.
Creation of district—Submittal of question to landowners.
Creation of district—Submittal of question to landowners—
Mail ballot.
Creation of district—Submittal of question to landowners—
Balloting—Conditions.
Creation of district—Submittal of question to landowners—
Majority vote required—Adoption of ordinance.
Creation of district—Limitations on appeals.
Limitation on special assessments, rates,
and charges.
Special assessment roll—Adoption—Public hearing.
Special assessment roll—Public hearing—Legislative authority may delegate responsibility—Appeals.
Special assessment roll—Public hearing—Notice—Contents.
Special assessment roll—Appeal to superior and appellate
courts—Procedure.
Special assessments—Calculation.
Special assessments—Limitations.
Special assessments—Modification.
Special assessments—Collection—Notice.
Special assessments—Payment period—Interest and penalty.
Special assessments—Subdivision of land—Segregation of
assessment.
Special assessments—Filing with county treasurer.
Special assessments—Lien created.
Special assessments—Lien—Validity—Foreclosure.
Special assessments—Legislative authority may stop.
Bonds.
Imposition of rates and charges.
Beach management districts—Purpose—Plan.
Assessments and charges against state lands: Chapter 79.44 RCW.
36.60.130 Establishment, modification, or dissolution of district—Alternate method—Determination by
county legislative authority. Following the hearing, the
county legislative authority shall determine by resolution
whether the area proposed shall establish, modify the bound36.60.130
[Title 36 RCW—page 140]
Boat trailer fee: RCW 46.16.670.
36.61.010 Findings—Intent—Purpose. The legislature finds that the environmental, recreational, and aesthetic
values of many of the state’s lakes are threatened by eutroph36.61.010
(2010 Ed.)
Lake and Beach Management Districts
ication and other deterioration and that existing governmental
authorities are unable to adequately improve and maintain the
quality of the state’s lakes.
The legislature intends that an ecosystem-based beach
management approach should be used to help promote the
health of aquatic ecosystems and that such a management
approach be undertaken in a manner that retains ecosystem
values within the state. This management approach should
use long-term strategies that focus on reducing nutrient
inputs from human activities affecting the aquatic ecosystem,
such as decreasing nutrients into storm water sewers,
decreasing fertilizer application, promoting the proper disposal of pet waste, promoting the use of vegetative borders,
promoting the reduction of nutrients from on-site septic systems where appropriate, and protecting riparian areas.
Organic debris, including vegetation, driftwood, seaweed,
kelp, and organisms, are extremely important to beach ecosystems.
It is the purpose of this chapter to establish a governmental mechanism by which property owners can embark on a
program of lake or beach improvement and maintenance for
their and the general public’s benefit, health, and welfare.
Public property, including state property, shall be considered
the same as private property in this chapter, except liens for
special assessments and liens for rates and charges shall not
extend to public property. Lake bottom property and marine
property below the line of the ordinary high water mark shall
not be considered to be benefited, shall not be subject to special assessments or rates and charges, and shall not receive
voting rights under this chapter. [2008 c 301 § 1; 1987 c 432
§ 1; 1985 c 398 § 1.]
36.61.020 Creation of district—Special assessments
or rates and charges. Any county may create lake or beach
management districts to finance the improvement and maintenance of lakes or beaches located within or partially within
the boundaries of the county. All or a portion of a lake or
beach and the adjacent land areas may be included within one
or more lake or beach management districts. More than one
lake or beach, or portions of lakes or beaches, and the adjacent land areas may be included in a single lake or beach
management district.
Special assessments or rates and charges may be
imposed on the property included within a lake or beach management district to finance lake or beach improvement and
maintenance activities, including: (1) Controlling or removing aquatic plants and vegetation; (2) improving water quality; (3) controlling water levels; (4) treating and diverting
storm water; (5) controlling agricultural waste; (6) studying
lake or marine water quality problems and solutions; (7)
cleaning and maintaining ditches and streams entering the
lake or marine waters or leaving the lake; (8) monitoring air
quality; and (9) the related administrative, engineering, legal,
and operational costs, including the costs of creating the lake
or beach management district.
Special assessments or rates and charges may be
imposed annually on all the land in a lake or beach management district for the duration of the lake or beach management district without a related issuance of lake or beach management district bonds or revenue bonds. Special assessments also may be imposed in the manner of special
36.61.020
(2010 Ed.)
36.61.030
assessments in a local improvement district with each landowner being given the choice of paying the entire special
assessment in one payment, or to paying installments, with
lake or beach management district bonds being issued to
obtain moneys not derived by the initial full payment of the
special assessments, and the installments covering all of the
costs related to issuing, selling, and redeeming the lake or
beach management district bonds. [2008 c 301 § 3; 2000 c
184 § 5; 1987 c 432 § 2; 1985 c 398 § 2.]
Effective date—2000 c 184: See note following RCW 39.96.010.
Cities and towns authorized to establish lake and beach management districts: RCW 35.21.403.
Flood control districts authorized to engage in activities under RCW
36.61.020: RCW 86.09.151.
36.61.025 Creation of district—Duration. To
improve the ability of counties to finance long-term lake or
beach management objectives, lake or beach management
districts may be created for any needed period of time. [2008
c 301 § 4; 2000 c 184 § 4.]
36.61.025
Effective date—2000 c 184: See note following RCW 39.96.010.
36.61.030 Creation of district—Resolution or petition—Contents. A lake or beach management district may
be initiated upon either the adoption of a resolution of intention by a county legislative authority or the filing of a petition
signed by ten landowners or the owners of at least fifteen percent of the acreage contained within the proposed lake or
beach management district, whichever is greater. A petition
or resolution of intention shall set forth: (1) The nature of the
lake or beach improvement or maintenance activities proposed to be financed; (2) the amount of money proposed to be
raised by special assessments or rates and charges; (3) if special assessments are to be imposed, whether the special
assessments will be imposed annually for the duration of the
lake or beach management district, or the full special assessments will be imposed at one time, with the possibility of
installments being made to finance the issuance of lake or
beach management district bonds, or both methods; (4) if
rates and charges are to be imposed, the annual amount of
revenue proposed to be collected and whether revenue bonds
payable from the rates and charges are proposed to be issued;
(5) the number of years proposed for the duration of the lake
or beach management district; and (6) the proposed boundaries of the lake or beach management district.
The county legislative authority may require the posting
of a bond of up to five thousand dollars before the county
considers the proposed creation of a lake or beach management district initiated by petition. The bond may only be
used by the county to finance its costs in studying, holding
hearings, making notices, preparing special assessment rolls
or rolls showing the rates and charges on each parcel, and
conducting elections related to the lake or beach management
district if the proposed lake or beach management district is
not created.
A resolution of intention shall also designate the number
of the proposed lake or beach management district, and fix a
date, time, and place for a public hearing on the formation of
the proposed lake or beach management district. The date for
the public hearing shall be at least thirty days and no more
36.61.030
[Title 36 RCW—page 141]
36.61.040
Title 36 RCW: Counties
than ninety days after the adoption of the resolution of intention unless an emergency exists.
Petitions shall be filed with the county legislative authority. The county legislative authority shall determine the sufficiency of the signatures, which shall be conclusive upon all
persons. No person may withdraw his or her name from a
petition after it is filed. If the county legislative authority
determines a petition to be sufficient and the proposed lake or
beach management district appears to be in the public interest
and the financing of the lake or beach improvement or maintenance activities is feasible, it shall adopt a resolution of
intention, setting forth all of the details required to be
included when a resolution of intention is initiated by the
county legislative authority. [2008 c 301 § 5; 1987 c 432 § 3;
1985 c 398 § 3.]
36.61.040 Creation of district—Public hearing—
Notice—Contents. Notice of the public hearing shall be
published in at least two consecutive issues of a newspaper of
general circulation in the proposed lake or beach management district, the date of the first publication to be at least fifteen days prior to the date fixed for the public hearing by the
resolution of intention. Notice of the public hearing shall
also be given to the owner or reputed owner of any lot, tract,
parcel of land, or other property within the proposed lake or
beach management district by mailing the notice at least fifteen days before the date fixed for the public hearing to the
owner or reputed owner of the property as shown on the tax
rolls of the county assessor at the address shown thereon.
Notice of the public hearing shall also be mailed to the
departments of fish and wildlife, natural resources, and ecology at least fifteen days before the date fixed for the public
hearing.
Notices of the public hearing shall: (1) Refer to the resolution of intention; (2) designate the proposed lake or beach
management district by number; (3) set forth a proposed plan
describing: (a) The nature of the proposed lake or beach
improvement or maintenance activities; (b) the amount of
special assessments or rates and charges proposed to be
raised by the lake or beach management district; (c) if special
assessments are proposed to be imposed, whether the special
assessments will be imposed annually for the duration of the
lake or beach management district, or the full special assessments will be payable at one time, with the possibility of periodic installments being paid and lake or beach management
bonds being issued, or both; (d) if rates and charges are proposed to be imposed, the annual amount of revenue proposed
to be collected and whether revenue bonds payable from the
rates and charges are proposed to be issued; and (e) the proposed duration of the lake or beach management district; and
(4) indicate the date, time, and place of the public hearing
designated in the resolution of intention.
In the case of the notice sent to each owner or reputed
owner by mail, the notice shall set forth the estimated amount
of the cost of the lake or beach improvement or maintenance
activities to be borne by special assessment, or annual special
assessments, or rates and charges on the lot, tract, parcel of
land, or other property owned by the owner or reputed owner.
If the county legislative authority has designated a committee of itself or an officer to hear complaints and make recommendations to the full county legislative authority, as pro36.61.040
[Title 36 RCW—page 142]
vided in RCW 36.61.060, the notice shall also describe this
additional step before the full county legislative authority
may adopt a resolution creating the lake or beach management district. [2008 c 301 § 6; 1994 c 264 § 9; 1988 c 36 § 9;
1987 c 432 § 4; 1985 c 398 § 4.]
36.61.050
36.61.050 Creation of district—Public hearing—
Amendments to original plan. The county legislative
authority shall hold a public hearing on the proposed lake or
beach management district at the date, time, and place designated in the resolution of intention.
At this hearing the county legislative authority shall hear
objections from any person affected by the formation of the
lake or beach management district. Representatives of the
departments of fish and wildlife, natural resources, and ecology shall be afforded opportunities to make presentations on
and comment on the proposal. Members of the public shall
be afforded an opportunity to comment on the proposal. The
county legislative authority must consider recommendations
provided to it by the departments of fish and wildlife, natural
resources, and ecology. The public hearing may be extended
to other times and dates declared at the public hearing. The
county legislative authority may make such changes in the
boundaries of the lake or beach management district or such
modification in plans for the proposed lake or beach
improvement or maintenance activities as it deems necessary.
The county legislative authority may not change boundaries
of the lake or beach management district to include property
that was not included previously without first passing an
amended resolution of intention and giving new notice to the
owners or reputed owners of property newly included in the
proposed lake or beach management district in the manner
and form and within the time provided for the original notice.
The county legislative authority shall not alter the plans for
the proposed lake or beach improvement or maintenance
activities to result in an increase in the amount of money proposed to be raised, and shall not increase the amount of
money proposed to be raised, without first passing an
amended resolution of intention and giving new notice to
property owners in the manner and form and within the time
provided for the original notice. [2008 c 301 § 7; 1994 c 264
§ 10; 1988 c 36 § 10; 1985 c 398 § 5.]
36.61.060
36.61.060 Creation of district—Public hearing—
Legislative authority may delegate responsibility. A
county legislative authority may adopt an ordinance providing for a committee of itself, or an officer, to hold public
hearings on the proposed formation of a lake or beach management district and hear objections to the proposed formation as provided in RCW 36.61.050. The committee or
officer shall make a recommendation to the full legislative
authority, which need not hold a public hearing on the proposed creation of the lake or beach management district. The
full county legislative authority by resolution may approve or
disapprove the recommendation and submit the question of
creating the lake or beach management district to the property owners as provided in RCW 36.61.070 through
36.61.100. [2008 c 301 § 8; 1985 c 398 § 10.]
(2010 Ed.)
Lake and Beach Management Districts
36.61.070 Creation of district—Submittal of question
to landowners. After the public hearing, the county legislative authority may adopt a resolution submitting the question
of creating the lake or beach management district to the owners of land within the proposed lake or beach management
district, including publicly owned land, if the county legislative authority finds that it is in the public interest to create the
lake or beach management district and the financing of the
lake or beach improvement and maintenance activities is feasible. The resolution shall also include: (1) A plan describing the proposed lake or beach improvement and maintenance activities which avoid adverse impacts on fish and
wildlife and provide for appropriate measures to protect and
enhance fish and wildlife; (2) the number of years the lake or
beach management district will exist; (3) the amount to be
raised by special assessments or rates and charges; (4) if special assessments are to be imposed, whether the special
assessments shall be imposed annually for the duration of the
lake or beach management district or only once with the possibility of installments being imposed and lake or beach management bonds being issued, or both, and, if both types of
special assessments are proposed to be imposed, the lake or
beach improvement or maintenance activities proposed to be
financed by each type of special assessment; (5) if rates and
charges are to be imposed, a description of the rates and
charges and the possibility of revenue bonds being issued that
are payable from the rates and charges; and (6) the estimated
special assessment or rate and charge proposed to be imposed
on each parcel included in the proposed lake or beach management district.
No lake or beach management district may be created by
a county that includes territory located in another county
without the approval of the legislative authority of the other
county. [2008 c 301 § 9; 1987 c 432 § 5; 1985 c 398 § 6.]
36.61.070
36.61.080 Creation of district—Submittal of question
to landowners—Mail ballot. (1) A ballot shall be mailed to
each owner or reputed owner of any lot, tract, parcel of land,
or other property within the proposed lake management district, including publicly owned land, which ballot shall contain the following proposition:
36.61.080
"Shall lake management district No. . . . . be formed?
Yes . . . . . . . .
No . . . . . . . ."
(2) A ballot shall be mailed to each owner or reputed
owner of any lot, tract, parcel of land, or other property
within the proposed beach management district, including
publicly owned land, which ballot shall contain the following
proposition:
"Shall beach management district No. . . . . be formed?
Yes . . . . . . . .
No . . . . . . . ."
(3) In addition, the ballot shall contain appropriate
spaces for the signatures of the landowner or landowners, or
officer authorized to cast such a ballot. Each ballot shall
include a description of the property owner’s property and
the estimated special assessment, or rate and charge, proposed to be imposed upon the property. A copy of the
instructions and the resolution submitting the question to the
(2010 Ed.)
36.61.110
landowners shall also be included. [2008 c 301 § 10; 1987 c
432 § 6; 1985 c 398 § 7.]
36.61.090 Creation of district—Submittal of question
to landowners—Balloting—Conditions. The balloting
shall be subject to the following conditions, which shall be
included in the instructions mailed with each ballot, as provided in RCW 36.61.080: (1) All ballots must be signed by
the owner or reputed owner of property according to the
assessor’s tax rolls; (2) each ballot must be returned to the
county legislative authority not later than 5:00 p.m. of a specified day, which shall be at least twenty but not more than
thirty days after the ballots are mailed; (3) each property
owner shall mark his or her ballot for or against the creation
of the proposed lake or beach management district, with the
ballot weighted so that the property owner has one vote for
each dollar of estimated special assessment or rate and charge
proposed to be imposed on his or her property; and (4) the
valid ballots shall be tabulated and a simple majority of the
votes cast shall determine whether the proposed lake or beach
management district shall be approved or rejected. [2008 c
301 § 11; 1987 c 432 § 7; 1985 c 398 § 8.]
36.61.090
36.61.100 Creation of district—Submittal of question
to landowners—Majority vote required—Adoption of
ordinance. If the proposal receives a simple majority vote in
favor of creating the lake or beach management district, the
county legislative authority shall adopt an ordinance creating
the lake or beach management district and may proceed with
establishing the special assessments or rates and charges, collecting the special assessments or rates and charges, and performing the lake or beach improvement or maintenance
activities. If a proposed lake management district includes
more than one lake and its adjacent areas, the lake management district may only be established if the proposal receives
a simple majority vote in favor of creating it by the voters on
each lake and its adjacent areas. The county legislative
authority shall publish a notice in a newspaper of general circulation in a lake or beach management district indicating
that such an ordinance has been adopted within ten days of
the adoption of the ordinance.
The ballots shall be available for public inspection after
they are counted. [2008 c 301 § 12; 1987 c 432 § 8; 1985 c
398 § 9.]
36.61.100
36.61.110 Creation of district—Limitations on
appeals. No lawsuit may be maintained challenging the
jurisdiction or authority of the county legislative authority to
proceed with the lake or beach improvement and maintenance activities and creating the lake or beach management
district or in any way challenging the validity of the actions
or decisions or any proceedings relating to the actions or
decisions unless the lawsuit is served and filed no later than
forty days after publication of a notice that the ordinance has
been adopted ordering the lake or beach improvement and
maintenance activities and creating the lake or beach management district. Written notice of the appeal shall be filed
with the county legislative authority and clerk of the superior
court in the county in which the property is situated. [2008 c
301 § 13; 1985 c 398 § 11.]
36.61.110
[Title 36 RCW—page 143]
36.61.115
Title 36 RCW: Counties
36.61.115 Limitation on special assessments, rates,
and charges. A special assessment, or rate and charge, on
any lot, tract, parcel of land, or other property shall not be
increased beyond one hundred ten percent of the estimated
special assessment, or rate and charge, proposed to be
imposed as provided in the resolution adopted in RCW
36.61.070, unless the creation of a lake or beach management
district is approved under another mailed ballot election that
reflects the weighted voting arising from such increases.
[2008 c 301 § 14; 1987 c 432 § 9.]
36.61.115
36.61.120 Special assessment roll—Adoption—Public hearing. After a lake or beach management district is created, the county shall prepare a proposed special assessment
roll. A separate special assessment roll shall be prepared for
annual special assessments if both annual special assessments
and special assessments paid at one time are imposed. The
proposed special assessment roll shall list: (1) Each separate
lot, tract, parcel of land, or other property in the lake or beach
management district; (2) the acreage of such property, and
the number of feet of lake or beach frontage, if any; (3) the
name and address of the owner or reputed owner of each lot,
tract, parcel of land, or other property as shown on the tax
rolls of the county assessor; and (4) the special assessment
proposed to be imposed on each lot, tract, parcel of land, or
other property, or the annual special assessments proposed to
be imposed on each lot, tract, parcel of land, or other property.
At the time, date, and place fixed for a public hearing,
the county legislative authority shall act as a board of equalization and hear objections to the special assessment roll, and
at the times to which the public hearing may be adjourned,
the county legislative authority may correct, revise, raise,
lower, change, or modify the special assessment roll or any
part thereof, or set the proposed special assessment roll aside
and order a new proposed special assessment roll to be prepared. The county legislative authority shall confirm and
approve a special assessment roll by adoption of a resolution.
If a proposed special assessment roll is amended to raise
any special assessment appearing thereon or to include omitted property, a new public hearing shall be held. The new
public hearing shall be limited to considering the increased
special assessments or omitted property. Notices shall be
sent to the owners or reputed owners of the affected property
in the same manner and form and within the time provided
for the original notice.
Objections to a proposed special assessment roll must be
made in writing, shall clearly state the grounds for objections,
and shall be filed with the governing body prior to the public
hearing. Objections to a special assessment or annual special
assessments that are not made as provided in this section shall
be deemed waived and shall not be considered by the governing body or a court on appeal. [2008 c 301 § 15; 1985 c 398
§ 12.]
36.61.120
36.61.130 Special assessment roll—Public hearing—
Legislative authority may delegate responsibility—
Appeals. A county legislative authority may adopt an ordinance providing for a committee of itself, or an officer, to
hear objections to the special assessment roll, act as a board
of equalization, and make recommendations to the full
36.61.130
[Title 36 RCW—page 144]
county legislative authority, which need not hold a public
hearing on the special assessment roll. The ordinance shall
provide a process by which an appeal may be made in writing
to the full county legislative authority by a person protesting
his or her special assessment or annual special assessments as
confirmed by the committee or officer. The full county legislative authority by resolution shall approve the special assessment roll, modify and approve the special assessment roll as
a result of hearing objections, or reject the special assessment
roll and return it to the committee or officer for further work
and recommendations. No objection to the decision of the full
county legislative authority approving the special assessment
roll may be considered by a court unless an objection to the
decision has been timely filed with the county legislative
authority as provided in this section. [1985 c 398 § 13.]
36.61.140
36.61.140 Special assessment roll—Public hearing—
Notice—Contents. Notice of the original public hearing on
the proposed special assessment roll, and any public hearing
held as a result of raising special assessments or including
omitted property, shall be published and mailed to the owner
or reputed owner of the property as provided in RCW
36.61.040 for the public hearing on the formation of the lake
or beach management district. However, the notice need
only provide the total amount to be collected by the special
assessment roll and shall state that: (1) A public hearing on
the proposed special assessment roll will be held, giving the
time, date, and place of the public hearing; (2) the proposed
special assessment roll is available for public perusal, giving
the times and location where the proposed special assessment
roll is available for public perusal; (3) objections to the proposed special assessment must be in writing, include clear
grounds for objections, and must be filed prior to the public
hearing; and (4) failure to so object shall be deemed to waive
an objection.
Notices mailed to the owners or reputed owners shall
additionally indicate the amount of special assessment
ascribed to the particular lot, tract, parcel of land, or other
property owned by the person so notified. [2008 c 301 § 16;
1985 c 398 § 14.]
36.61.150
36.61.150 Special assessment roll—Appeal to superior and appellate courts—Procedure. The decision of a
county legislative authority upon any objection to the special
assessment roll may be appealed to the superior court only if
the objection had been timely made in the manner prescribed
in this chapter. The appeal shall be made within ten days after
publication of a notice that the resolution confirming the special assessment roll has been adopted by filing written notice
of the appeal with the county legislative authority and the
clerk of the superior court in the county in which the real
property is situated. The notice of appeal shall describe the
property and set forth the objections of the appellant to the
special assessment. Within ten days from the filing of such
notice of appeal with the clerk of the superior court, the
appellant shall file with the clerk of the court a transcript consisting of the special assessment roll and his or her objections
thereto, together with the resolution confirming such special
assessment roll and the record of the county legislative
authority with reference to the special assessment or annual
(2010 Ed.)
Lake and Beach Management Districts
special assessments, which transcript, upon payment of the
necessary fees therefor, shall be furnished by an officer of the
county and by him or her certified to contain full, true, and
correct copies of all matters and proceedings required to be
included in the transcript. Such fees shall be the same as the
fees payable to the county clerk for the preparation and certification of transcripts on appeal to the supreme court or the
court of appeals in civil actions.
At the time of the filing of the notice of appeal with the
clerk of the superior court a sufficient bond in the penal sum
of two hundred dollars, with a surety or sureties thereon as
provided by law for appeals in civil cases, shall be filed conditioned to prosecute such appeal without delay, and if unsuccessful, to pay all costs incurred by the county because of the
appeal. The court may order the appellant, upon application
therefor, to execute and file such additional bond or bonds as
the necessity of the case may require.
Within three days after such transcript is filed in the
superior court, the appellant shall give written notice to the
county legislative authority that such transcript is filed. The
notice shall state a time, not less than three days from the service thereof, when the appellant will call up the cause for
hearing.
The superior court shall, at this time or at such further
time as may be fixed by order of the court, hear and determine such appeal without a jury, and such cause shall have
preference over all civil causes pending in the court, except
proceedings under an act relating to eminent domain in such
county and actions of forcible entry and detainer. The judgment of the court shall confirm, correct, modify, or annul the
special assessment or annual special assessments insofar as
the same affects the property of the appellant. A certified
copy of the decision of the court shall be filed with the officer
having custody of the special assessment roll, and he or she
shall modify and correct such special assessment roll in
accordance with the decision.
An appeal shall lie to the supreme court or the court of
appeals from the judgment of the superior court, as in other
cases, however, such appeal must be taken within fifteen
days after the date of the entry of the judgment of the superior
court, and the record and opening brief of the appellant in the
cause shall be filed in the supreme court or the court of
appeals within sixty days after the appeal is taken by notice as
provided in this section. The time for filing the record and
serving and filing of briefs may be extended by order of the
superior court, or by stipulation of the parties concerned. The
supreme court or the court of appeals on such appeal may
correct, modify, confirm, or annul the special assessment or
annual special assessments insofar as the same affects the
property of the appellant. A certified copy of the order of the
supreme court or the court of appeals upon such appeal shall
be filed with the officer having custody of such special
assessment roll, who shall thereupon modify and correct such
special assessment roll in accordance with such decision.
[1985 c 398 § 15.]
36.61.160 Special assessments—Calculation. Whenever special assessments are imposed, all property included
within a lake or beach management district shall be considered to be the property specially benefited by the lake or
beach improvement or maintenance activities and shall be the
36.61.160
(2010 Ed.)
36.61.190
property upon which special assessments are imposed to pay
the costs and expenses of the lake or beach improvement or
maintenance activities, or such part of the costs and expenses
as may be chargeable against the property specially benefited. The special assessments shall be imposed on property
in accordance with the special benefits conferred on the property up to but not in excess of the total costs and expenses of
the lake or beach improvement or maintenance activities as
provided in the special assessment roll.
Special assessments may be measured by front footage,
acreage, the extent of improvements on the property, or any
other factors that are deemed to fairly reflect special benefits,
including those authorized under RCW 35.51.030. Special
assessments may be calculated by using more than one factor.
Zones around the public improvement may be used that
reflect different levels of benefit in each zone that are measured by a front footage, acreage, the extent of improvements, or other factors.
Public property, including property owned by the state of
Washington, shall be subject to special assessments to the
same extent that private property is subject to the special
assessments, except no lien shall extend to public property.
[2008 c 301 § 17; 1987 c 432 § 10; 1985 c 398 § 16.]
36.61.170 Special assessments—Limitations. The
total annual special assessments may not exceed the estimated cost of the lake or beach improvement or maintenance
activities proposed to be financed by such special assessments, as specified in the resolution of intention. The total of
special assessments imposed in a lake or beach management
district that are of the nature of special assessments imposed
in a local improvement district shall not exceed one hundred
fifty percent of the estimated total cost of the lake or beach
improvement or maintenance activities that are proposed to
be financed by the lake or beach management district as specified in the resolution of intention. After a lake or beach management district has been created, the resolution of intention
may be amended to increase the amount to be financed by the
lake or beach management district by using the same procedure in which a lake or beach management district is created.
[2008 c 301 § 18; 1985 c 398 § 17.]
36.61.170
36.61.180 Special assessments—Modification.
Whenever annual special assessments are being imposed, the
county legislative authority may modify the level of annual
special assessments imposed by conforming with the procedures and subject to the limitations included in RCW
36.61.120 through 36.61.170. [1985 c 398 § 18.]
36.61.180
36.61.190 Special assessments—Collection—Notice.
Special assessments and installments on any special assessment shall be collected by the county treasurer.
The county treasurer shall publish a notice indicating
that the special assessment roll has been confirmed and that
the special assessments are to be collected. The notice shall
indicate the duration of the lake or beach management district
and shall describe whether the special assessments will be
paid in annual payments for the duration of the lake or beach
management district, or whether the full special assessments
will be payable at one time, with the possibility of periodic
36.61.190
[Title 36 RCW—page 145]
36.61.200
Title 36 RCW: Counties
installments being paid and lake or beach management bonds
being issued, or both.
If the special assessments are to be payable at one time,
the notice additionally shall indicate that all or any portion of
the special assessments may be paid within thirty days from
the date of publication of the first notice without penalty or
interest. This notice shall be published in a newspaper of
general circulation in the lake or beach management district.
Within ten days of the first newspaper publication, the
county treasurer shall notify each owner or reputed owner of
property whose name appears on the special assessment roll,
at the address shown on the special assessment roll, for each
item of property described on the list: (1) Whether one special assessment payable at one time or special assessments
payable annually have been imposed; (2) the amount of the
property subject to the special assessment or annual special
assessments; and (3) the total amount of the special assessment due at one time, or annual amount of special assessments due. If the special assessment is due at one time, the
notice shall also describe the thirty-day period during which
the special assessment may be paid without penalty, interest,
or cost. [2008 c 301 § 19; 1985 c 398 § 19.]
36.61.200 Special assessments—Payment period—
Interest and penalty. If the special assessments are to be
payable at one time, all or any portion of any special assessment may be paid without interest, penalty, or costs during
this thirty-day period and placed into a special fund to defray
the costs of the lake or beach improvement or maintenance
activities. The remainder shall be paid in installments as provided in a resolution adopted by the county legislative
authority, but the last installment shall be due at least two
years before the maximum term of the bonds issued to pay for
the improvements or maintenance. The installments shall
include amounts sufficient to redeem the bonds issued to pay
for the lake or beach improvement and maintenance activities. A twenty-day period shall be allowed after the due date
of any installment within which no interest, penalty, or costs
on the installment may be imposed.
The county shall establish by ordinance an amount of
interest that will be imposed on late special assessments
imposed annually or at once, and on installments of a special
assessment. The ordinance shall also specify the penalty, in
addition to the interest, that will be imposed on a late annual
special assessment, special assessment, or installment which
shall not be less than five percent of the delinquent special
assessment or installment.
The owner of any lot, tract, parcel of land, or other property charged with a special assessment may redeem it from all
liability for the unpaid amount of the installments by paying,
to the county treasurer, the remaining portion of the installments that is attributable to principal on the lake or beach
management district bonds. [2008 c 301 § 20; 1985 c 398 §
20.]
36.61.200
36.61.210 Special assessments—Subdivision of
land—Segregation of assessment. Whenever any land
against which there has been levied any special assessment or
annual special assessments by any county has been sold in
part, subdivided, or short subdivided, the county legislative
36.61.210
[Title 36 RCW—page 146]
authority may order a segregation of the special assessment
or annual special assessments. If an installment has been
made, the segregation shall apportion the remaining installments on the parts or lots created.
Any person desiring to have such a special assessment or
annual special assessments against a tract of land segregated
to apply to smaller parts thereof shall apply to the county legislative authority which levied the special assessment or
annual special assessments. If the county legislative authority
determines that a segregation should be made, it shall by resolution order the county treasurer to segregate the special
assessment or annual special assessments on the original
assessment roll as directed in the resolution. The segregation
shall be made as nearly as possible on the same basis as the
original special assessment or annual special assessments
were levied, and the total of the segregated parts of the special assessment or annual special assessments shall equal the
amount of the special assessment or annual special assessments unpaid before segregation. The resolution shall
describe the original tract and the amount and date of the
original special assessment or annual special assessments and
shall define the boundaries of the divided parts and the
amount of the special assessment or annual special assessments chargeable to each part. A certified copy of the resolution shall be delivered to the county treasurer who shall proceed to segregate the special assessment or annual special
assessments upon being tendered a fee of three dollars for
each tract of land for which a segregation is to be made. In
addition to such charge the county legislative authority may
require as a condition to the order of segregation that the person seeking it pay the local government the reasonable engineering and clerical costs incident to making the segregation.
[1985 c 398 § 21.]
36.61.220
36.61.220 Special assessments—Filing with county
treasurer. Within fifteen days after a county creates a lake
or beach management district, the county shall cause to be
filed with the county treasurer, a description of the lake or
beach improvement and maintenance activities proposed that
the lake or beach management district finances, the lake or
beach management district number, and a copy of the diagram or print showing the boundaries of the lake or beach
management district and preliminary special assessment roll
or abstract of same showing thereon the lots, tracts, parcels of
land, and other property that will be specially benefited
thereby and the estimated cost and expense of such lake or
beach improvement and maintenance activities to be borne
by each lot, tract, parcel of land, or other property. The treasurer shall immediately post the proposed special assessment
roll upon his or her index of special assessments against the
properties affected by the lake or beach improvement or
maintenance activities. [2008 c 301 § 21; 1985 c 398 § 22.]
36.61.230
36.61.230 Special assessments—Lien created. The
special assessment or annual special assessments imposed
upon the respective lots, tracts, parcels of land, and other
property in the special assessment roll or annual special
assessment roll confirmed by resolution of the county legislative authority for the purpose of paying the cost and expense
in whole or in part of any lake or beach improvement or
(2010 Ed.)
Lake and Beach Management Districts
maintenance activities shall be a lien upon the property
assessed from the time the special assessment roll is placed in
the hands of the county treasurer for collection, but as
between the grantor and grantee, or vendor and vendee of any
real property, when there is no express agreement as to payment of the special assessments against the real property, the
lien of such special assessments shall attach thirty days after
the filing of the diagram or print and the estimated cost and
expense of such lake or beach improvement or maintenance
activities to be borne by each lot, tract, parcel of land, or other
property, as provided in RCW 36.61.220. Interest and penalty shall be included in and shall be a part of the special
assessment lien. No lien shall extend to public property subjected to special assessments.
The special assessment lien shall be paramount and
superior to any other lien or encumbrance theretofore or
thereafter created except a lien for general taxes. [2008 c 301
§ 22; 1985 c 398 § 23.]
36.61.240 Special assessments—Lien—Validity—
Foreclosure. Special assessments shall be valid and enforceable as such and the lien thereof on the property assessed
shall be valid if the county legislative authority in making the
special assessments acted in good faith and without fraud.
Delinquent special assessments or installments shall be foreclosed in the same manner as special assessments are foreclosed under chapter 36.94 RCW. Public property subject to
special assessments shall not be subject to liens. [1985 c 398
§ 24.]
36.61.240
36.61.250 Special assessments—Legislative authority
may stop. The county legislative authority may stop the
imposition of annual special assessments if, in its opinion, the
public interest will be served by such action. [1985 c 398 §
25.]
36.61.250
36.61.260 Bonds. (1) Counties may issue lake or beach
management district bonds in accordance with this section.
Lake or beach management district bonds may be issued to
obtain money sufficient to cover that portion of the special
assessments that are not paid within the thirty-day period provided in RCW 36.61.190.
Whenever lake or beach management district bonds are
proposed to be issued, the county legislative authority shall
create a special fund or funds for the lake or beach management district from which all or a portion of the costs of the
lake or beach improvement and maintenance activities shall
be paid. Lake or beach management district bonds shall not
be issued in excess of the costs and expenses of the lake or
beach improvement and maintenance activities and shall not
be issued prior to twenty days after the thirty days allowed for
the payment of special assessments without interest or penalties.
Lake or beach management district bonds shall be exclusively payable from the special fund or funds and from a
guaranty fund that the county may have created out of a portion of proceeds from the sale of the lake or beach management district bonds.
(2) Lake or beach management district bonds shall not
constitute a general indebtedness of the county issuing the
36.61.260
(2010 Ed.)
36.61.270
bond nor an obligation, general or special, of the state. The
owner of any lake or beach management district bond shall
not have any claim for the payment thereof against the county
that issues the bonds except for payment from the special
assessments made for the lake or beach improvement or
maintenance activities for which the lake or beach management district bond was issued and from a lake or beach management district guaranty fund that may have been created.
The county shall not be liable to the owner of any lake or
beach management district bond for any loss to the lake or
beach management district guaranty fund occurring in the
lawful operation of the fund. The owner of a lake or beach
management district bond shall not have any claim against
the state arising from the lake or beach management district
bond, special assessments, or guaranty fund. Tax revenues
shall not be used to secure or guarantee the payment of the
principal of or interest on lake or beach management district
bonds.
The substance of the limitations included in this subsection shall be plainly printed, written, engraved, or reproduced
on: (a) Each lake or beach management district bond that is
a physical instrument; (b) the official notice of sale; and (c)
each official statement associated with the lake or beach management district bonds.
(3) If the county fails to make any principal or interest
payments on any lake or beach management district bond or
to promptly collect any special assessment securing the
bonds when due, the owner of the lake or beach management
district bond may obtain a writ of mandamus from any court
of competent jurisdiction requiring the county to collect the
special assessments, foreclose on the related lien, and make
payments out of the special fund or guaranty fund if one
exists. Any number of owners of lake or beach management
districts may join as plaintiffs.
(4) A county may create a lake or beach management
district bond guaranty fund for each issue of lake or beach
management district bonds. The guaranty fund shall only
exist for the life of the lake or beach management district
bonds with which it is associated. A portion of the bond proceeds may be placed into a guaranty fund. Unused moneys
remaining in the guaranty fund during the last two years of
the installments shall be used to proportionally reduce the
required level of installments and shall be transferred into the
special fund into which installment payments are placed.
(5) Lake or beach management district bonds shall be
issued and sold in accordance with chapter 39.46 RCW. The
authority to create a special fund or funds shall include the
authority to create accounts within a fund. [2008 c 301 § 23;
2000 c 184 § 6; 1985 c 398 § 26.]
Effective date—2000 c 184: See note following RCW 39.96.010.
36.61.270 Imposition of rates and charges. Whenever
rates and charges are to be imposed in a lake or beach management district, the county legislative authority shall prepare a roll of rates and charges that includes those matters
required to be included in a special assessment roll and shall
hold a public hearing on the proposed roll of rates and
charges as provided under RCW 36.61.120 through
36.61.150 for a special assessment roll. The county legislative authority shall have full jurisdiction and authority to fix,
36.61.270
[Title 36 RCW—page 147]
36.61.280
Title 36 RCW: Counties
alter, regulate, and control the rates and charges imposed by
a lake or beach management district and may classify the
rates or charges by any reasonable factor or factors, including
benefit, use, front footage, acreage, the extent of improvements on the property, the type of improvements on the property, uses to which the property is put, service to be provided,
and any other reasonable factor or factors. The flexibility to
establish rates and charges includes the authority to reduce
rates and charges on property owned by low-income persons.
Except as provided in this section, the collection of rates
and charges, lien status of unpaid rates and charges, and
method of foreclosing on such liens shall be subject to the
provisions of chapter 36.94 RCW. Public property, including
state property, shall be subject to the rates and charges to the
same extent that private property is subject to them, except
that liens may not be foreclosed on the public property, and
the procedure for imposing such rates and charges on state
property shall conform with the procedure provided for in
chapter 79.44 RCW concerning the imposition of special
assessments upon state property. The total amount of rates
and charges cannot exceed the cost of lake or beach improvement or maintenance activities proposed to be financed by
such rates and charges, as specified in the resolution of intention. Revenue bonds exclusively payable from the rates and
charges may be issued by the county under chapter 39.46
RCW. [2008 c 301 § 24; 1987 c 432 § 11.]
36.61.280 Beach management districts—Purpose—
Plan. (1) Beach management districts may be created for the
purpose of controlling and removing aquatic plants or vegetation. These districts must develop a plan for these activities, in consultation with appropriate federal, state, and local
agencies. The plan must include an element addressing nutrient loading from land use activities in a subbasin that is a tributary to the area targeted for management. The plan must be
consistent with the action agenda approved by the Puget
Sound partnership, where applicable.
(2) Plans for the control and removal of aquatic plants or
vegetation must, to the greatest extent possible, meet the following requirements:
(a) Avoid or minimize the excess removal of living and
nonliving nontarget native vegetation and organisms;
(b) Avoid or minimize management activities that will
result in compacting beach sand, gravel, and substrate;
(c) Minimize adverse impacts to: (i) The project site
when disposing of excessive accumulations of vegetation;
and (ii) other areas of the beach or deep water environment;
and
(d) Retain all natural habitat features on the beach,
including retaining trees, stumps, logs, and large rocks in
their natural location.
(3) Seaweed removal under this section may only occur
on the shore of a saltwater body that lies between the extreme
low tide and the ordinary high water mark, as those terms are
defined in RCW 90.58.030.
(4) The control or removal of native aquatic plants or
vegetation shall be authorized in the following areas:
(a) Beaches or near shore areas located within at least
one mile of a ferry terminal that are in a county with a population of one million or more residents; and
(b) Beaches or near shore areas in a city that meets the
following:
(i) Is adjacent to Puget Sound;
(ii) Has at least eighty-five thousand residents;
(iii) Shares a common boundary with a neighboring
county; and
(iv) Is in a county with a population of one million or
more residents. [2008 c 301 § 2.]
Chapter 36.62
Sections
36.62.010
36.62.030
36.62.040
36.62.050
36.62.060
36.62.070
36.62.090
36.62.100
36.62.110
36.62.120
36.62.130
36.62.140
36.62.150
36.62.160
36.62.170
36.62.180
36.62.190
36.62.200
36.61.280
[Title 36 RCW—page 148]
Chapter 36.62 RCW
HOSPITALS
36.62.210
36.62.230
36.62.252
36.62.270
36.62.290
36.62.300
Authority to establish.
Hospital may be jointly owned and operated.
Contract for joint hospital.
Petition to establish—Beds limited.
Bond election.
Issuance of bonds—Terms.
Tax levy for maintenance.
Admission of patients—Liability for support.
Board of trustees—Membership.
Board of trustees—Initial appointment—Terms of office.
Board of trustees—Additional trustees for joint hospital.
Board of trustees—Qualifications of trustees.
Board of trustees—Removal of trustee—Procedure.
Board of trustees—Vacancies.
Board of trustees—Quorum.
Board of trustees—Powers and duties.
Board of trustees—Authority to accept gifts and bequests.
Board of trustees—Trustees not compensated—Contract interest barred—Reimbursement for travel expenses.
Superintendent—Appointment—Salary.
Superintendent—Duties.
County hospital fund—Established—Purpose—Monthly
report.
Supplementary budget.
Contracts between board of regents of state universities and
hospital board of trustees for medical services and teaching
and research activities.
Work ordered and materials purchased.
Combined city and county health department: Chapter 70.08 RCW.
County and city tuberculosis hospitals: Chapter 70.30 RCW.
County health boards and officers: Chapter 70.05 RCW.
Public hospital districts, county participation: Chapter 70.44 RCW.
Sexually transmitted diseases, control and treatment of: Chapter 70.24
RCW.
Utilization of, for state medical care: Chapter 74.09 RCW.
36.62.010 Authority to establish. The legislative
authority of any county may establish, provide, and maintain
hospitals for the care and treatment of the indigent, sick,
injured, or infirm, and for this purpose the county legislative
authority may:
(1) Purchase or lease real property or use lands already
owned by the county;
(2) Erect all necessary buildings, make all necessary
improvements and repairs and alter any existing building for
the use of said hospitals;
(3) Use county moneys, levy taxes, and issue bonds as
authorized by law, to raise a sufficient amount of money to
cover the cost of procuring the site, constructing and operating hospitals, and for the maintenance thereof and all other
necessary and proper expenses; and
(4) Accept and hold in trust for the county any grant of
land, gift or bequest of money, or any donation for the benefit
of the purposes of this chapter, and apply the same in accor36.62.010
(2010 Ed.)
Hospitals
36.62.120
dance with the terms of the gift. [1984 c 26 § 1; 1963 c 4 §
36.62.010. Prior: 1947 c 228 § 1, part; 1925 ex.s. c 174 § 1,
part; Rem. Supp. 1947 § 6090-1, part.]
of issuing bonds and levying a tax for such hospital. [1984 c
26 § 4; 1963 c 4 § 36.62.060. Prior: 1925 ex.s. c 174 § 4;
RRS § 6090-4.]
36.62.030 Hospital may be jointly owned and operated. Any number of counties or any county and any city in
which the county seat of the county is situated may contract
one with the other for the joint purchase, acquisition, ownership, control, and disposition of land and other property suitable as a site for a county hospital. [1963 c 4 § 36.62.030.
Prior: 1947 c 228 § 1, part; 1925 ex.s. c 174 § 1, part; Rem.
Supp. 1947 § 6090-1, part.]
36.62.070 Issuance of bonds—Terms. The bonds
issued for such hospital shall not have maturities in excess of
twenty years. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. [1984 c 186 § 26; 1984 c 26
§ 5; 1983 c 167 § 72; 1970 ex.s. c 56 § 49; 1969 ex.s. c 232 §
26; 1963 c 4 § 36.62.070. Prior: 1925 ex.s. c 174 § 5; RRS §
6090-5.]
36.62.030
36.62.070
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
36.62.040 Contract for joint hospital. All contracts
made in pursuance hereof shall be for such period of time and
upon such terms and conditions as shall be agreed upon. The
contract shall fully set forth the amount of money to be contributed by the county and city towards the acquisition of
such site and the improvement thereof and the manner in
which the property shall be improved and the character of the
building or buildings to be erected thereon. It may provide for
the amount of money to be contributed annually by the
county and city for the upkeep and maintenance of the property and the building or buildings thereon, or it may provide
for the relative proportion of such expense, which the county
and city shall annually pay. The contract may specify the
parts of such building or buildings which shall be set apart for
the exclusive use and occupation of the county and city. The
money to be contributed by the county or city may be raised
by a sale of bonds of such county or city or by general taxation. Any such county or city now possessing funds or having
funds available for a county or city hospital from a sale of
bonds or otherwise may contract for the expenditure of such
funds, as herein provided. Such contract shall be made only
after a proper resolution or ordinance of the county legislative authority and ordinance of the city have been passed specifically authorizing it. The contract when made shall be
binding upon the county and city during its existence or until
it is modified or abrogated by mutual consent evidenced by
appropriate legislation. A site with or without buildings may
be contributed in lieu of money at a valuation to be agreed
upon. [1984 c 26 § 2; 1963 c 4 § 36.62.040. Prior: (i) 1925
ex.s. c 174 § 2; RRS § 6090-2. (ii) 1947 c 228 § 1, part; 1925
ex.s. c 174 § 1, part; Rem. Supp. 1947 § 6090-1, part.]
36.62.040
36.62.050 Petition to establish—Beds limited. When
it is proposed to establish such hospital, a petition shall be
presented to the county legislative authority, signed by three
hundred or more resident taxpayers of the county, requesting
the county legislative authority to submit to the electors the
proposition to issue bonds for the purpose of procuring a site,
and erecting, equipping, and maintaining such hospital, and
specifying the amount of bonds proposed to be issued for that
purpose and the number of hospital beds. [1984 c 26 § 3;
1963 c 4 § 36.62.050. Prior: 1925 ex.s. c 174 § 3; RRS §
6090-3.]
36.62.050
36.62.060 Bond election. Upon presentation of the
petition, the county legislative authority may submit to the
voters of the county at the next general election the question
36.62.060
(2010 Ed.)
Additional notes found at www.leg.wa.gov
36.62.090 Tax levy for maintenance. If the hospital is
established, the county legislative authority, at the time of
levying general taxes, may levy a tax, not to exceed fifty
cents per thousand dollars of assessed value in any one year,
for the maintenance of the hospital. [1984 c 26 § 6; 1973 1st
ex.s. c 195 § 37; 1963 c 4 § 36.62.090. Prior: 1925 ex.s. c 174
§ 6; RRS § 6090-6.]
36.62.090
Additional notes found at www.leg.wa.gov
36.62.100 Admission of patients—Liability for support. Patients shall be admitted to such hospitals in accordance with policies to be proposed by the board of trustees
and approved by the county legislative authority. The policies
shall provide, within the resources available to the hospital,
that admission of patients shall not be dependent upon their
ability to pay. Whenever a patient has been admitted to the
hospital and in accordance with rules established by the
board of trustees, the hospital may determine the person’s
ability to pay for the care provided by the hospital, render
billings for the care, and take necessary steps to obtain payment for the costs of the care from the person, from the person’s estate, or from any persons or organizations legally liable for the person’s support. [1984 c 26 § 7; 1963 c 4 §
36.62.100. Prior: 1945 c 62 § 1; 1925 ex.s. c 174 § 8; Rem.
Supp. 1945 § 6090-8.]
36.62.100
36.62.110 Board of trustees—Membership. Whenever any county, or any county and city jointly, or two or
more counties jointly, establish a hospital for the care and
treatment of the indigent, sick, injured, or infirm, under the
provisions of this chapter, and such hospital is completed and
ready for operation, the county legislative authority of the
county in which the institution is located shall appoint thirteen persons as trustees for the institution. The thirteen trustees, together with the additional trustees required by RCW
36.62.130, if any, shall constitute a board of trustees for such
hospital. [1984 c 26 § 8; 1967 ex.s. c 36 § 2; 1963 c 4 §
36.62.110. Prior: 1931 c 139 § 1, part; RRS § 6090-9, part.]
36.62.110
Additional notes found at www.leg.wa.gov
36.62.120 Board of trustees—Initial appointment—
Terms of office. The first members of the board of trustees
of such institution shall be appointed by the county legislative authority within thirty days after the institution has been
completed and is ready for operation. The county legislative
36.62.120
[Title 36 RCW—page 149]
36.62.130
Title 36 RCW: Counties
four years. [1984 c 26 § 10; 1963 c 4 § 36.62.130. Prior:
1931 c 139 § 1, part; RRS § 6090-9, part.]
authority appointing the initial members shall appoint three
members for one-year terms, three members for two-year
terms, three members for three-year terms, and four members
for four-year terms, and until their successors are appointed
and qualified, and thereafter their successors shall be
appointed for terms of four years and until their successors
are appointed and qualified: PROVIDED, That the continuation of a member past the expiration date of the term shall
not change the commencement date of the term of the succeeding member. Each term of the initial trustees shall be
deemed to commence on the first day of August following the
appointment but shall also include the period intervening
between the appointment and the first day of August following the appointment.
For an institution which is already in existence on June 7,
1984, the county legislative authority shall appoint within
thirty days of June 7, 1984, three additional members for oneyear terms, two additional members for two-year terms, and
two additional members for three-year terms, and until their
successors are appointed and qualified, and thereafter their
successors shall be appointed for terms of four years and until
their successors are appointed and qualified: PROVIDED
FURTHER, That the continuation of an additional member
past the expiration date of the term shall not change the commencement date of the term of the succeeding member. Each
term of the initial additional members shall be deemed to
commence on the first day of August of the year of appointment but shall also include the period intervening between
the appointment and the first day of August of the year of the
appointment.
Upon expiration of the terms of current members, the
successors to current members shall be appointed for fouryear terms and until their successors are appointed and qualified: AND PROVIDED FURTHER, That the continuation of
a successor to a current member past the expiration date of
the term shall not change the commencement date of the term
of the succeeding member. Each term of the initial successors
to current members shall be deemed to commence on the first
day of August following the expiration of a current term but
shall also include the period intervening between the appointment and the first day of August of the year of the appointment. [1984 c 26 § 9; 1963 c 4 § 36.62.120. Prior: (i) 1931 c
139 § 1, part; RRS § 6090-9, part. (ii) 1931 c 139 § 4, part;
RRS § 6090-12, part.]
36.62.170 Board of trustees—Quorum. A majority of
the trustees shall constitute a quorum for the transaction of
business. [1984 c 26 § 14; 1963 c 4 § 36.62.170. Prior: 1931
c 139 § 4, part; RRS § 6090-12, part.]
36.62.130 Board of trustees—Additional trustees for
joint hospital. In case two or more counties establish a hospital jointly, the thirteen members of the board of trustees
shall be chosen as provided from the county in which the
institution is located and each county legislative authority of
the other county or counties which contributed to the establishment of the hospital shall appoint two additional members
of the board of trustees. The regular term of each of the two
additional members shall be four years and until their successors are appointed and qualified. Such additional members
shall be residents of the respective counties from which they
are appointed and shall otherwise possess the same qualifications as other trustees. The first term of office of the persons
first appointed as additional members shall be fixed by the
county legislative authority of the county in which said hospital or institution is located, but shall not be for more than
36.62.180 Board of trustees—Powers and duties. The
board of trustees shall:
(1) Have general supervision and care of such hospitals
and institutions and the buildings and grounds thereof and
power to do everything necessary to the proper maintenance
and operation thereof within the limits of approved budgets
and the appropriations authorized;
(2) Elect from among its members a president and vice
president;
(3) Adopt bylaws and rules for its own guidance and for
the government of the hospital;
(4) Prepare annually a budget covering both hospital
operations and capital projects, in accordance with the provisions of applicable law, and file such budgets with the county
treasurer or if the hospital has been established by more than
one county, with the county treasurer of each county, and if a
36.62.130
[Title 36 RCW—page 150]
36.62.140 Board of trustees—Qualifications of trustees. No person shall be eligible for appointment as a trustee
who holds or has held during the period of two years immediately prior to appointment any salaried office or position in
any office, department, or branch of the government which
established or maintained the hospital. [1984 c 26 § 11; 1963
c 4 § 36.62.140. Prior: 1931 c 139 § 2; RRS § 6090-10.]
36.62.140
36.62.150 Board of trustees—Removal of trustee—
Procedure. The county legislative authority which
appointed a member of the board of trustees may remove the
member for cause and in the manner provided in this section.
Notice shall be provided by the county appointing authority
to the trustee and the board of trustees generally. The notice
shall set forth reasons which justify removal. The trustee
shall be provided opportunity for a hearing before the county
appointing authority: PROVIDED, That three consecutive
unexcused absences from regular meetings of the board of
trustees shall be deemed cause for removal of a trustee without hearing. Any trustee removed for a cause other than three
consecutive unexcused absences may appeal the removal
within twenty days of the order of removal by seeking a writ
of review before the superior court pursuant to chapter 7.16
RCW. Removal shall disqualify the trustee from subsequent
reappointment. [1984 c 26 § 12; 1963 c 4 § 36.62.150. Prior:
1933 c 174 § 1, part; 1931 c 139 § 3, part; RRS § 6090-11,
part.]
36.62.150
36.62.160 Board of trustees—Vacancies. Any
vacancy in the board of trustees shall be filled by appointment by the county legislative authority making the original
appointment, and such appointee shall hold office for the
remainder of the term of the trustee replaced. [1984 c 26 §
13; 1963 c 4 § 36.62.160. Prior: 1933 c 174 § 1, part; 1931 c
139 § 3, part; RRS § 6090-11, part.]
36.62.160
36.62.170
36.62.180
(2010 Ed.)
Hospitals
city has contributed to the establishment of the hospital, with
the official of the city charged by law with the preparation of
the city budget; and
(5) File with the legislative authority of each county and
city contributing to the establishment of such hospital, at a
time to be determined by the county legislative authority of
the county in which the hospital is located, a report covering
the proceedings of the board with reference to the hospital
during the preceding twelve months and an annual financial
report and statement. [1984 c 26 § 15; 1963 c 4 § 36.62.180.
Prior: 1945 c 118 § 1, part; 1931 c 139 § 7, part; Rem. Supp.
1945 § 6090-15, part.]
36.62.190
36.62.190 Board of trustees—Authority to accept
gifts and bequests. The board of trustees may accept property by gift, devise, bequest, or otherwise for the use of such
institution, except that acceptance of any interest in real property shall be by prior authorization by the county. [1984 c 26
§ 16; 1963 c 4 § 36.62.190. Prior: (i) 1945 c 118 § 1, part;
1931 c 139 § 7, part; Rem. Supp. 1945 § 6090-15, part. (ii)
1931 c 139 § 8; RRS § 6090-16.]
36.62.200
36.62.200 Board of trustees—Trustees not compensated—Contract interest barred—Reimbursement for
travel expenses. No trustee shall receive any compensation
or emolument whatever for services as trustee; nor shall any
trustee have or acquire any personal interest in any lease or
contract whatsoever, made by the county or board of trustees
with respect to such hospital or institution: PROVIDED,
That each member of a board of trustees of a county hospital
may be reimbursed for travel expenses in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended: PROVIDED FURTHER, That, in addition, trustees of a county hospital shall be reimbursed for travel
expenses for traveling from their home to a trustee meeting at
a rate provided for in RCW 43.03.060 as now existing or
hereafter amended. [1984 c 26 § 17; 1979 ex.s. c 17 § 1; 1963
c 4 § 36.62.200. Prior: 1931 c 139 § 5; RRS § 6090-13.]
36.62.210
36.62.210 Superintendent—Appointment—Salary.
The board of trustees shall appoint a superintendent who
shall be appointed for an indefinite time and be removable at
the will of the board of trustees. Appointments and removals
shall be by resolution, introduced at a regular meeting and
adopted at a subsequent regular meeting by a majority vote.
The superintendent shall receive such salary as the board of
trustees shall fix by resolution. [1984 c 26 § 18; 1963 c 4 §
36.62.210. Prior: 1945 c 118 § 1, part; 1931 c 139 § 7, part;
Rem. Supp. 1945 § 6090-15, part.]
36.62.230
36.62.230 Superintendent—Duties. The superintendent shall be the chief executive officer of the hospital or
institution and shall perform all administrative services necessary to the efficient and economical conduct of the hospital
or institution and the admission and proper care of persons
properly entitled to the services thereof as provided by law or
by the rules and regulations of the board of trustees. [1984 c
26 § 19; 1963 c 4 § 36.62.230. Prior: 1931 c 139 § 9; RRS §
6090-17.]
(2010 Ed.)
36.62.300
36.62.252 County hospital fund—Established—Purpose—Monthly report. Every county which maintains a
county hospital or infirmary shall establish a "county hospital
fund" into which fund shall be deposited all unrestricted
moneys received from any source for hospital or infirmary
services including money received for services to recipients
of public assistance and other persons without income and
resources sufficient to secure such services. The county may
maintain other funds for restricted moneys. Obligations
incurred by the hospital shall be paid from such funds by the
county treasurer in the same manner as general county obligations are paid. The county treasurer shall furnish to the
county legislative authority a monthly report of receipts and
disbursements in the county hospital funds which report shall
also show the balance of cash on hand. [1984 c 26 § 20; 1971
ex.s. c 277 § 1; 1967 ex.s. c 36 § 3; 1963 c 4 § 36.62.252.
Prior: 1961 c 144 § 1; 1951 c 256 § 1.]
36.62.252
Additional notes found at www.leg.wa.gov
36.62.270 Supplementary budget. In the event that
additional funds are needed for the operation of a county hospital or infirmary, the county legislative authority shall have
authority to adopt a supplemental budget. Such supplemental
budget shall set forth the amount and sources of funds and the
items of expenditure involved. [1984 c 26 § 21; 1971 ex.s. c
277 § 2; 1963 c 4 § 36.62.270. Prior: 1951 c 256 § 3.]
36.62.270
36.62.290 Contracts between board of regents of
state universities and hospital board of trustees for medical services and teaching and research activities. Whenever any county, or any county and city jointly, or two or
more counties jointly, establish a hospital under the provisions of this chapter, the board of trustees of the hospital is
empowered, with the approval of the county legislative
authority, to enter into a contract with the board of regents of
a state university to provide hospital services, including management under the direction of a hospital administrator for
the hospital, to provide for the rendering of medical services
in connection with the hospital and to provide for the conduct
of teaching and research activities by the university in connection with the hospital. Any such board of regents is
empowered to enter into such a contract, to provide such hospital services, and to provide for the rendition of such medical services and for the carrying on of teaching and research
in connection with such a hospital. If such a contract is
entered into, the provisions of RCW 36.62.210 and 36.62.230
shall not be applicable during the term of the contract and all
of the powers, duties and functions vested in the superintendent in this chapter shall be vested in the board of trustees.
The board of trustees shall provide for such conditions and
controls in the contract as it shall deem to be in the community interest. [1984 c 26 § 22; 1967 ex.s. c 36 § 1.]
36.62.290
Additional notes found at www.leg.wa.gov
36.62.300 Work ordered and materials purchased.
All work ordered and materials purchased by a hospital shall
be subject to the requirements established in RCW 70.44.140
for public hospital districts. [1991 c 363 § 76.]
36.62.300
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 36 RCW—page 151]
Chapter 36.63
Title 36 RCW: Counties
Chapter 36.63 RCW
JAILS
Chapter 36.63
Sections
36.63.255
Transfer of convicted felon to state institution pending appeal.
City and county jails act—Bond issue: Chapters 70.48 and 70.48A RCW.
Use of strip and body cavity searches in correctional facilities: RCW
10.79.060 through 10.79.110.
36.63.255 Transfer of convicted felon to state institution pending appeal. Any person imprisoned in a county jail
pending the appeal of his or her conviction of a felony and
who has not obtained bail bond pending his or her appeal
shall be transferred after thirty days but within forty days
from the date judgment was entered against him or her to a
state institution for felons designated by the secretary of corrections: PROVIDED, That when good cause is shown, a
superior court judge may order the prisoner detained in the
county jail beyond said forty days for an additional period not
to exceed ten days. [2009 c 549 § 4099; 1981 c 136 § 60;
1969 ex.s. c 4 § 2; 1969 c 103 § 2.]
36.63.255
Additional notes found at www.leg.wa.gov
Chapter 36.64
Chapter 36.64 RCW
JOINT GOVERNMENTAL ACTIVITIES
36.64.080
36.64.090
36.64.100
36.64.110
Flood control
by counties jointly: Chapter 86.13 RCW.
county participation with flood control district: RCW 86.24.040.
county participation with state and federal governments: Chapter 86.24
RCW.
districts (1937 act): Chapter 86.09 RCW.
maintenance, county participation with state: Chapter 86.26 RCW.
Franchises across joint bridges: RCW 47.56.256.
Health districts as: Chapter 70.46 RCW.
Highways, construction, benefit of, cooperative agreements, prevention or
minimization of flood damages: RCW 47.28.140.
Housing authorities, cooperation between: RCW 35.82.100.
Housing cooperation law: Chapter 35.83 RCW.
Intercounty rural library districts: Chapter 27.12 RCW.
Intercounty weed districts: Chapter 17.06 RCW.
Intergovernmental disposition of property: RCW 39.33.010.
Interlocal cooperation act: Chapter 39.34 RCW.
Joint aid river and harbor improvements: RCW 88.32.230, 88.32.235.
Joint county teachers’ institutes: Chapter 28A.415 RCW.
Joint hospitals: RCW 36.62.030.
Joint operations by political subdivisions, deposit and control of funds:
RCW 43.09.285.
Joint planning for improvement of navigable stream: RCW 88.32.240,
88.32.250.
Limited access facilities, cooperative agreements: RCW 47.52.090.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Sections
36.64.010
36.64.020
36.64.030
36.64.040
36.64.050
36.64.060
36.64.070
Fire protection districts, county contracts with: RCW 52.12.031.
Joint courthouse and city hall.
Joint courthouse and city hall—Terms of contract.
Joint courthouse and city hall—Approval of contract.
Joint courthouse and city hall—Funds, how provided.
Joint armory sites.
Joint canal construction.
Counties with populations of two hundred ten thousand or
more—Contracts with cities concerning buildings and
related improvements.
Conferences to study regional and governmental problems—
Counties and cities may establish—Subjects—Recommendations.
Conferences to study regional and governmental problems—
Articles—Officers—Agents and employees.
Conferences to study regional and governmental problems—
Contracts with other governmental agencies—Grants and
gifts—Consultants.
Conferences to study regional and governmental problems—
Public purpose—Contributions to support by municipal corporations.
Care, support, and relief of needy persons: RCW 74.04.040.
Cemetery facilities as: RCW 68.52.192, 68.52.193.
Cities and towns
agreements with county for planning, establishing, construction, and
maintenance of streets: Chapter 35.77 RCW.
city may contribute to support of county in which city owned utility plant
located: RCW 35.21.420.
community renewal: RCW 35.21.660, 35.81.130.
Combined city-county health departments: Chapter 70.08 RCW.
County and city tuberculosis hospitals: Chapter 70.30 RCW.
County public works project, department of transportation cooperation:
RCW 47.08.070.
County roads: RCW 47.04.080.
County superintendent of schools, consolidation of office into joint county
district: Chapter 28A.310 RCW.
Diking and drainage, intercounty districts: Chapter 85.24 RCW.
Elevators, escalators, like conveyances, municipal governing over: RCW
70.87.050.
Mosquito control
districts: Chapter 17.28 RCW.
generally: Chapter 70.22 RCW.
Motor vehicles, removal of when disabled and impounding: RCW
46.55.113.
Municipal airports: Chapters 14.07 and 14.08 RCW.
Operating agencies (electricity, water resources): Chapter 43.52 RCW.
Pesticide application, agreements authorized: RCW 17.21.300.
Port districts
contracts with: RCW 53.08.240.
ownership of improvements by with county: RCW 53.20.030.
Public assistance, joint county administration: RCW 74.04.180.
Public health pooling fund: RCW 70.12.030 through 70.12.070.
Reclamation districts of one million acres: Chapter 89.30 RCW.
Regional libraries: Chapter 27.12 RCW.
Regional planning commission: RCW 35.63.070.
River and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
Roads and bridges, limited access facilities: Chapter 47.52 RCW.
Soil and water conservation districts, county cooperation with: RCW
89.08.341.
Taxes, property
collection of: Chapter 84.56 RCW.
revaluation program: Chapter 84.41 RCW.
Toll bridges
state boundary, county participation: RCW 47.56.042.
tunnels and ferries: Chapter 47.56 RCW.
Traffic schools: Chapter 46.83 RCW.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
Washington clean air act: Chapter 70.94 RCW.
World fair or exposition participation: Chapter 35.60 RCW.
36.64.010 Joint courthouse and city hall. If the county
seat of a county is in an incorporated city, the county and city
36.64.010
Executory conditional sales contracts for purchase of property for park and
library purposes: RCW 39.30.010.
[Title 36 RCW—page 152]
(2010 Ed.)
Joint Governmental Activities
36.64.090
may contract, one with the other, for the joint purchase,
acquisition, leasing, ownership, control, and disposition of
land and other property suitable as a site for a county courthouse and city hall and for the joint construction, ownership,
control, and disposition of a building or buildings thereon for
the use by such county and city as a county courthouse and
city hall. Any county or city owning a site or any interest
therein, or a site with buildings thereon, may, upon such
terms as appear fair and just to the board of county commissioners of such county and to the legislative body of such
city, contract with reference to the joint ownership, acquisition, leasing, control, improvement, and occupation of such
property. [1963 c 4 § 36.64.010. Prior: 1913 c 90 § 1; RRS
§ 3992.]
one hundred twenty-five thousand or more deems it for the
interest of the county to construct or to aid the United States
in constructing a canal to connect any bodies of water within
the county, such county may construct such canal or aid the
United States in constructing it and incur indebtedness for
such purpose to an amount not exceeding five hundred thousand dollars and issue its negotiable bonds therefor in the
manner and form provided in RCW 36.67.010. Such construction or aid in construction is a county purpose. [1991 c
363 § 77; 1985 c 7 § 105; 1983 c 3 § 78; 1963 c 4 § 36.64.060.
Prior: (i) 1907 c 158 § 1; RRS § 9664. (ii) 1907 c 158 § 2;
RRS § 9665.]
36.64.020 Joint courthouse and city hall—Terms of
contract. A contract made in pursuance of RCW 36.64.010
shall fully set forth the amount of money to be contributed by
each towards acquisition of the site and the improvement
thereof and the manner in which such property shall be
improved and the character of the building or buildings to be
erected thereon. The contract may provide for the amount of
money to be contributed annually by each for the upkeep and
maintenance of the property and the building or buildings
thereon, or it may provide for the relative proportion of such
expense which such county and city shall annually pay. The
contract shall specify the parts of such building or buildings
which shall be set apart for the exclusive use and occupation
of each. [1963 c 4 § 36.64.020. Prior: 1913 c 90 § 2; RRS §
3993.]
36.64.070 Counties with populations of two hundred
ten thousand or more—Contracts with cities concerning
buildings and related improvements. Any county with a
population of two hundred ten thousand or more may contract with any city or cities within such county for the financing, erection, ownership, use, lease, operation, control or
maintenance of any building or buildings, including open
spaces, off-street parking facilities for the use of county and
city employees and persons doing business with such county
or city, plazas and other improvements incident thereto, for
county or city, or combined county-city, or other public use.
Property for such buildings and related improvements may be
acquired by either such county or city or by both by lease,
purchase, donation, exchange, and/or gift or by eminent
domain in the manner provided by law for the exercise of
such power by counties and cities respectively and any property acquired hereunder, together with the improvements
thereon, may be sold, exchanged or leased, as the interests of
said county, city or cities may from time to time require.
[1991 c 363 § 78; 1965 c 24 § 1.]
36.64.020
36.64.030 Joint courthouse and city hall—Approval
of contract. The contract between a county and a city shall
be made only after a proper resolution of the board of county
commissioners of the county and a proper ordinance of the
city have been passed specifically authorizing it. The contract
shall be binding upon the county and the city during the term
thereof, or until it is modified or abrogated by mutual consent
evidenced by a proper resolution and ordinance of the county
and city. [1963 c 4 § 36.64.030. Prior: 1913 c 90 § 4; RRS §
3995.]
36.64.030
36.64.040 Joint courthouse and city hall—Funds,
how provided. The money to be contributed by a county or
a city or both may be raised by a sale of its bonds, or by general taxation. Any county or city possessing funds or having
funds available for a county courthouse or city hall from the
sale of bonds or otherwise, may contract for the expenditure
of such funds. [1963 c 4 § 36.64.040. Prior: 1913 c 90 § 3;
RRS § 3994.]
36.64.040
36.64.050 Joint armory sites. Any city or county in the
state may expend money from its current expense funds in
payment in whole or in part for an armory site whenever the
legislature has authorized the construction of an armory
within such city or county. [1963 c 4 § 36.64.050. Prior:
1913 c 91 § 1; RRS § 3996.]
36.64.050
36.64.060 Joint canal construction. Whenever the
county legislative authority of a county with a population of
36.64.060
(2010 Ed.)
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.64.070
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.64.080 Conferences to study regional and governmental problems—Counties and cities may establish—
Subjects—Recommendations. The boards of county commissioners of any county and any counties contiguous thereto
and the governing body of any cities and/or towns within said
counties may establish and organize a regional agency hereinafter referred to as a conference, for the purpose of studying
regional and governmental problems of mutual interest and
concern, including but not limited to, facility studies on highways, transit, airports, ports or harbor development, water
supply and distribution, codes and ordinances, governmental
finances, flood control, air and water pollution, recommendations of sites for schools and educational institutions, hospitals and health facilities, parks and recreation, public buildings, land use and drainage; and to formulate recommendations for review and action by the member counties and/or
cities legislative body. [1965 ex.s. c 84 § 1.]
36.64.080
Youth agencies, joint establishment: RCW 35.21.630.
36.64.090 Conferences to study regional and governmental problems—Articles—Officers—Agents and
employees. The governing bodies of the counties and cities
so associated in a conference shall adopt articles of associa36.64.090
[Title 36 RCW—page 153]
36.64.100
Title 36 RCW: Counties
tion and bylaws, select a chair and such other officers as they
may determine, and may employ and discharge such agents
and employees as the officers deem convenient to carry out
the purposes of the conference. [2009 c 549 § 4100; 1965
ex.s. c 84 § 2.]
36.64.100 Conferences to study regional and governmental problems—Contracts with other governmental
agencies—Grants and gifts—Consultants. The conference
is authorized to contract generally and to enter into any contract with the federal government, the state, any municipal
corporation and/or other governmental agency for the purpose of conducting the study of regional problems of mutual
concern, and shall have the power to receive grants and gifts
in furtherance of the program. The conference may retain
consultants if deemed advisable. [1965 ex.s. c 84 § 3.]
36.64.100
36.64.110 Conferences to study regional and governmental problems—Public purpose—Contributions to
support by municipal corporations. The formation of the
conference is hereby declared to be a public purpose, and any
municipal corporation may contribute to the expenses of such
conference pursuant to the budgetary laws of the municipal
corporations and such bylaws as may be adopted by the conference: PROVIDED, That services and facilities may be
provided by a municipal corporation in lieu of assessment.
[1965 ex.s. c 84 § 4.]
36.64.110
36.65.040 Method of allocating state revenues. The
method of allocating state revenues shall not be modified for
a period of one year from the date the initial officers of the
city-county assume office. During the one-year period, state
revenue shares shall be calculated as if the preexisting
county, cities, and special purpose districts had continued as
separate entities. However, distributions of the revenue to the
consolidated entities shall be made to the city-county. [1984
c 91 § 4.]
36.65.040
36.65.050 Fire protection or law enforcement units—
Binding arbitration in collective bargaining. If the citycounty government includes a fire protection or law enforcement unit that was, prior to the formation of the city-county,
governed by a state statute providing for binding arbitration
in collective bargaining, then the entire fire protection or law
enforcement unit of the city-county shall be governed by that
statute. [1984 c 91 § 5.]
36.65.050
36.65.060 Public employee retirement or disability
benefits not affected. The formation of a city-county shall
not have the effect of reducing, restricting, or limiting retirement or disability benefits of any person employed by or
retired from a municipal corporation, or who had a vested
right in any state or local retirement system, prior to the formation of the city-county. [1984 c 91 § 6.]
36.65.060
Chapter 36.67
Chapter 36.65
Chapter 36.65 RCW
COMBINED CITY AND COUNTY
MUNICIPAL CORPORATIONS
Sections
36.65.010
36.65.020
36.65.030
36.65.040
36.65.050
36.65.060
Intent.
School districts to be retained as separate political subdivisions.
Tax on net income prohibited.
Method of allocating state revenues.
Fire protection or law enforcement units—Binding arbitration
in collective bargaining.
Public employee retirement or disability benefits not affected.
36.65.010 Intent. It is the intent of the legislature in
enacting this chapter to provide for the implementation and
clarification of Article XI, section 16 of the state Constitution, which authorizes the formation of combined city and
county municipal corporations.
"City-county," as used in this chapter, means a combined
city and county municipal corporation under Article XI, section 16 of the state Constitution. [1984 c 91 § 1.]
36.65.010
36.65.020 School districts to be retained as separate
political subdivisions. Recognizing the paramount duty of
the state to provide for the common schools under Article IX,
sections 1 and 2 of the state Constitution, school districts
shall be retained as separate political subdivisions within the
city-county. [1984 c 91 § 2.]
36.65.020
Chapter 36.67 RCW
LIMITATION OF INDEBTEDNESS—
COUNTY BONDS
Sections
36.67.010
36.67.060
36.67.070
Authority to contract indebtedness—Limitations.
Bond retirement.
Payment of interest.
36.67.500
36.67.510
36.67.520
36.67.530
36.67.540
"This chapter" means RCW 36.67.510 through 36.67.570.
Revenue bonds authorized.
When issued—Amounts—Purposes—Costs and expenses.
Form—Terms—Interest—Execution and signatures.
Special funds, creation and use—Use of tax revenue prohibited—Bonds are negotiable instruments—Statement on
face—Remedy for failure to set aside revenue.
Covenants—Law and resolutions constitute contract with
holders—Remedies.
Funding and refunding.
Liberal construction—Effect of other acts.
REVENUE BONDS
36.67.550
36.67.560
36.67.570
Airport purposes, bonds for: Chapter 14.08 RCW.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Bond elections, vote required: Chapter 39.40 RCW.
Bonds
as security for city depositary: RCW 35.38.040.
form, sale, terms of sale, payment, etc.: Chapter 39.44 RCW.
sale to federal government at private sale: Chapter 39.48 RCW.
Funding indebtedness in counties: Chapter 39.52 RCW.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
Housing authority act, bonds issued under: Chapter 35.82 RCW.
Industrial development revenue bonds: Chapter 39.84 RCW.
Juvenile detention facilities, bonds for: Chapter 13.16 RCW.
36.65.030 Tax on net income prohibited. A county,
city, or city-county shall not levy a tax on net income. [1984
c 91 § 3.]
36.65.030
[Title 36 RCW—page 154]
Limitation of indebtedness of taxing districts (counties): Chapter 39.36
RCW.
Public obligations as insurance investment: RCW 48.13.040.
(2010 Ed.)
Limitation of Indebtedness—County Bonds
State funds, investment in county bonds authorized: RCW 43.84.080.
Validation of bonds and financing proceedings: Chapter 39.90 RCW.
36.67.010 Authority to contract indebtedness—Limitations. A county may contract indebtedness for general
county purposes subject to the limitations on indebtedness
provided for in RCW 39.36.020(2). Bonds evidencing such
indebtedness shall be issued and sold in accordance with
chapter 39.46 RCW. [1984 c 186 § 27; 1971 c 76 § 1; 1970
ex.s. c 42 § 17; 1963 c 4 § 36.67.010. Prior: 1890 p 37 § 1;
RRS § 5575.]
36.67.010
Purpose—1984 c 186: See note following RCW 39.46.110.
Validation requirement: RCW 39.40.010.
36.67.060 Bond retirement. Bonds issued under this
chapter shall be retired by an annual tax levy and by any other
moneys lawfully available and pledged therefor. [1984 c 186
§ 28; 1983 c 167 § 77; 1975 1st ex.s. c 188 § 1; 1963 c 4 §
36.67.060. Prior: (i) 1890 p 39 § 6; RRS § 5580. (ii) 1890 p
39 § 7; RRS § 5581.]
36.67.060
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
36.67.070 Payment of interest. Any coupons for the
payment of interest on the bonds shall be considered for all
purposes as warrants drawn upon the current expense fund of
the county issuing bonds, and if when presented to the treasurer of the county no funds are in the treasury to pay them,
the treasurer shall indorse the coupons as presented for payment, in the same manner as county warrants are indorsed,
and thereafter they shall bear interest at the same rate as
county warrants presented and unpaid. If there are no funds in
the treasury to make payment on a bond not having coupons,
the interest payment shall continue bearing interest at the
bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds. [1983 c 167 § 78;
1963 c 4 § 36.67.070. Prior: 1890 p 39 § 8; RRS § 5582.]
36.67.540
necessary by the legislative authority of each county to provide sufficient funds for the carrying out of all county powers, without limiting the generality thereof, including the following: Acquisition; construction; reconstruction; maintenance; repair; additions; operations of parks and recreations;
flood control facilities; pollution facilities; parking facilities
as a part of a courthouse or combined county-city building
facility; and any other county purpose from which revenues
can be derived. Included in the costs thereof shall be any necessary engineering, inspection, accounting, fiscal, and legal
expenses, the cost of issuance of bonds, including printing,
engraving, and advertising and other similar expenses, payment of interest on such bonds during the construction of
such facilities and a period no greater than one year after such
construction is completed, and the proceeds of such bond
issue are hereby made available for all such purposes. Revenue bonds may also be issued to refund revenue bonds or
general obligation bonds which are issued for any of the purposes specified in this section. [1981 c 313 § 12; 1969 ex.s.
c 8 § 2; 1965 c 142 § 2.]
Parking facilities as part of courthouse or county-city building: RCW
36.01.080.
Additional notes found at www.leg.wa.gov
36.67.070
Additional notes found at www.leg.wa.gov
REVENUE BONDS
36.67.500 "This chapter" means RCW 36.67.510
through 36.67.570. As used in RCW 36.67.500 through
36.67.570 "this chapter" means RCW 36.67.510 through
36.67.570. [1965 c 142 § 8.]
36.67.500
36.67.510 Revenue bonds authorized. The county legislative authority of any county is hereby authorized for the
purpose of carrying out the lawful powers granted to the
counties by the laws of the state to contract indebtedness and
to issue revenue bonds evidencing such indebtedness in conformity with this chapter. Such bonds may be issued and sold
in accordance with chapter 39.46 RCW. [1983 c 167 § 79;
1965 c 142 § 1.]
36.67.510
Additional notes found at www.leg.wa.gov
36.67.520 When issued—Amounts—Purposes—
Costs and expenses. All such revenue bonds authorized
under the terms of this chapter may be issued and sold by the
counties from time to time and in such amounts as is deemed
36.67.520
(2010 Ed.)
36.67.530 Form—Terms—Interest—Execution and
signatures. (1) When revenue bonds are issued for authorized purposes, said bonds shall be either registered as to
principal only or as to principal and interest as provided in
RCW 39.46.030, or shall be bearer bonds; shall be in such
denominations, shall be numbered, shall bear such date, shall
be payable at such time or times up to a maximum period of
not to exceed thirty years and payable at the office of the
county treasurer, and such other places as determined by the
county legislative authority of the county; shall bear interest
payable and evidenced to maturity on bonds not registered as
to interest by coupons attached to said bonds bearing a coupon interest rate or rates as authorized by the county legislative authority; shall be executed by the chair of the county
legislative authority, and attested by the clerk of the legislative authority, and the seal of such legislative authority shall
be affixed to each bond, but not to any coupon; and may have
facsimile signatures of the chair and the clerk imprinted on
each bond and any interest coupons in lieu of original signatures and the facsimile seal imprinted on each bond.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [2009 c 549 § 4101; 1983 c 167 § 80; 1981 c
313 § 13; 1970 ex.s. c 56 § 50; 1969 ex.s. c 232 § 27; 1965 c
142 § 3.]
36.67.530
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
36.67.540 Special funds, creation and use—Use of tax
revenue prohibited—Bonds are negotiable instruments—
Statement on face—Remedy for failure to set aside revenue. Bonds issued under the provisions of this chapter shall
be payable solely out of the operating revenues of the county.
Such bonds shall be authorized by resolution adopted by the
county legislative authority, which resolution shall create a
special fund or funds into which the county legislative
36.67.540
[Title 36 RCW—page 155]
36.67.550
Title 36 RCW: Counties
authority may obligate and bind the county to set aside and
pay any part or parts of, or all of, or a fixed proportion of, or
fixed amounts of gross revenue received by the county from
moneys for services or activities as stated in the resolution,
for the purpose of paying the principal of and interest on such
bonds as the same shall become due, and if deemed necessary
to maintain adequate reserves therefor. Such fund or funds
shall be drawn upon solely for the purpose of paying the principal and interest upon the bonds issued pursuant to this chapter.
The bonds shall be negotiable instruments within the
provision and intent of the negotiable instruments law of this
state, even though they shall be payable solely from such special fund or funds, and the tax revenue of the county may not
be used to pay, secure, or guarantee the payment of the principal of and interest on such bonds. The bonds and any coupons attached thereto shall state upon their face that they are
payable solely from such special fund or funds. If the county
fails to set aside and pay into such fund or funds, the payments provided for in such resolution, the owner of any such
bonds may bring suit to compel compliance with the provisions of the resolution. [1983 c 167 § 81; 1965 c 142 § 4.]
Additional notes found at www.leg.wa.gov
36.67.550
36.67.550 Covenants—Law and resolutions constitute contract with holders—Remedies. The board of
county commissioners may provide covenants as it may
deem necessary to secure the payment of the principal of and
interest on such bonds and may, but shall not be required to,
include covenants to create a reserve fund or account and to
authorize the payment or deposit of certain moneys therein
for the purpose of securing the payment of such principal and
interest; to establish, maintain, and collect rates, charges,
fees, rentals, and the like on the facilities and service the
income of which is pledged for the payment of such bonds,
sufficient to pay or secure the payment of such principal and
interest and to maintain an adequate coverage over annual
debt service; and to make any and all other covenants not
inconsistent with the provisions of this chapter which will
increase the marketability of such bonds. The board may also
provide that revenue bonds payable out of the same source or
sources may later be sold on a parity with any revenue bonds
being issued and sold. The provisions of this chapter and any
resolution or resolutions providing for the authorization, issuance, and sale of such bonds shall constitute a contract with
the holder of such bonds, and the provisions thereof shall be
enforceable by any owner or holder of such bonds by mandamus or any appropriate suit, action or proceeding at law or in
equity in any court of competent jurisdiction. [1965 c 142 §
5.]
36.67.560
36.67.560 Funding and refunding. (1) The county legislative authority of any county may by resolution, from time
to time, provide for the issuance of funding or refunding revenue bonds to fund or refund any outstanding revenue bonds
and any interest and premiums due thereon at or before the
maturity of such bonds, and parts or all of various series and
issues of outstanding revenue bonds in the amount thereof to
be funded or refunded. Such bonds may be in any form,
[Title 36 RCW—page 156]
including bearer bonds or registered bonds as provided in
RCW 39.46.030.
The county legislative authority shall create a special
fund for the sole purpose of paying the principal of and interest on such funding or refunding revenue bonds, into which
fund the legislative authority shall obligate and bind the
county to set aside and pay any part or parts of, or all of, or a
fixed proportion of, or a fixed amount of the revenue of the
facility of the county sufficient to pay such principal and
interest as the same shall become due, and if deemed necessary to maintain adequate reserves therefor.
Such funding or refunding bonds shall be negotiable
instruments within the provisions and intent of the negotiable
instruments law of this state, and the tax revenue of the
county may not be used to pay, secure, or guarantee the payment of the principal of and interest on such bonds.
The county may exchange such funding or refunding
bonds for the bonds, and any coupons being funded or
refunded, or it may sell such funding or refunding bonds in
the manner, at such price and at such rate or rates of interest
as the legislative authority shall deem to be for the best interest of the county and its inhabitants, either at public or private
sale.
The provisions of this chapter relating to the terms, conditions, covenants, issuance, and sale of revenue bonds shall
be applicable to such funding or refunding bonds except as
may be otherwise specifically provided in this section.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 82; 1970 ex.s. c 56 § 51; 1969
ex.s. c 232 § 28; 1965 c 142 § 6.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
36.67.570 Liberal construction—Effect of other acts.
This chapter shall be complete authority for the issuance of
the revenue bonds hereby authorized, and shall be liberally
construed to accomplish its purposes. Any restrictions, limitations or regulations relative to the issuance of such revenue
bonds contained in any other act shall not apply to the bonds
issued under this chapter. Any act inconsistent herewith shall
be deemed modified to conform with the provisions of this
chapter for the purpose of this chapter only. [1965 c 142 § 7.]
36.67.570
Chapter 36.68 RCW
PARKS AND RECREATIONAL FACILITIES
Chapter 36.68
Sections
36.68.010
36.68.020
36.68.030
36.68.040
36.68.050
36.68.060
36.68.070
36.68.080
36.68.090
36.68.100
Counties may establish park and playground systems—Disposition of surplus park property.
Programs of public recreation.
Park and recreation board—Composition.
Park and recreation board—Terms of members.
Park and recreation board—Removal of members—Vacancies.
Park and recreation board—Powers and duties.
Park and recreation fund.
Penalty for violations of regulations.
Counties authorized to build, improve, operate and maintain,
etc., parks, playgrounds, gymnasiums, swimming pools,
beaches, stadiums, golf courses, etc., and other recreational
facilities—Regulation—Charges for use.
Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
(2010 Ed.)
Parks and Recreational Facilities
36.68.110
36.68.120
Counties authorized to permit public libraries on land used for
park and recreation purposes.
Community athletics programs—Sex discrimination prohibited.
PARK AND RECREATION SERVICE AREAS
36.68.400
36.68.410
36.68.420
36.68.430
36.68.440
36.68.450
36.68.460
36.68.470
36.68.480
36.68.490
36.68.500
36.68.510
36.68.520
36.68.525
36.68.527
36.68.530
36.68.541
36.68.550
36.68.555
36.68.560
36.68.570
36.68.580
36.68.590
36.68.600
36.68.610
36.68.620
Creation authorized—Purposes—Taxing districts—Powers.
May be initiated by resolution or petition.
Resolution or petition—Contents.
Petitions—Verification of signatures.
Feasibility and cost studies—Public hearing—Notice.
Hearing procedure—Inclusion of property—Examination of
reports—Recess.
Findings of county commissioners—Dismissal of proceedings, limitation on subsequent initiation.
Resolution ordering election—Election procedure—Formation.
Property tax levies or bond retirement levies—Election.
Annual excess levy or bond retirement levies—Election procedure—Vote required.
Resolution declaring formation—Treasurer—Disbursement
procedure.
Local service area fund.
Annual excess property tax levy—General obligation bonds.
Six-year regular property tax levies—Limitations—Election.
Community revitalization financing—Public improvements.
Budgets—Appropriations—Accumulation of reserves.
Employees.
Use and admission fees and charges.
Eminent domain.
Concessions.
Use of funds—Purchases.
Ownership of parks and facilities—Expenditure of funds budgeted for park purposes.
Purpose—Level of services—General park programs.
Use of park and recreation service area funds in exercise of
powers enumerated in chapter 67.20 RCW.
Area which may be included—Inclusion of area within city or
town—Procedure.
Enlargement by inclusion of additional area—Procedure.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by counties: RCW 64.04.130.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Executory conditional sales contracts for purchase of property for park and
library purposes: RCW 39.30.010.
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Parks, bathing beaches, public camps, county may acquire and operate:
Chapter 67.20 RCW.
RCW 39.33.060 to govern on sales by water-sewer district for park and recreational purposes: RCW 57.08.140.
State parks and recreation commission: Chapter 79A.05 RCW.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
36.68.010 Counties may establish park and playground systems—Disposition of surplus park property.
Counties may establish park and playground systems for public recreational purposes and for such purposes shall have the
power to acquire lands, buildings and other facilities by gift,
purchase, lease, devise, bequest and condemnation. A county
may lease or sell any park property, buildings or facilities
surplus to its needs, or no longer suitable for park purposes:
PROVIDED, That such park property shall be subject to the
requirements and provisions of notice, hearing, bid or intergovernmental transfer as provided in chapter 36.34 RCW:
PROVIDED FURTHER, That nothing in this section shall be
construed as authorizing any county to sell any property
which such county acquired by condemnation for park or
playground or other public recreational purposes on or after
January 1, 1960, until held for five years or more after such
36.68.010
(2010 Ed.)
36.68.060
acquisition: PROVIDED FURTHER, That funds acquired
from the lease or sale of any park property, buildings or facilities shall be placed in the park and recreation fund to be used
for capital purposes. [1963 c 4 § 36.68.010. Prior: 1961 c 92
§ 1; 1949 c 94 § 1; Rem. Supp. 1949 § 3991-14.]
36.68.020 Programs of public recreation. Counties
may conduct programs of public recreation, and in any such
program property or facilities owned by any individual,
group or organization, whether public or private, may be utilized by consent of the owner. [1963 c 4 § 36.68.020. Prior:
1949 c 94 § 2; Rem. Supp. 1949 § 3991-15.]
36.68.020
36.68.030 Park and recreation board—Composition.
Each county may form a county park and recreation board
composed of seven members, who shall be appointed by the
board of county commissioners to serve without compensation. [1969 ex.s. c 176 § 93; 1963 c 4 § 36.68.030. Prior:
1949 c 94 § 3; Rem. Supp. 1949 § 3991-16.]
36.68.030
36.68.040 Park and recreation board—Terms of
members. For the appointive positions on the county park
and recreation board the initial terms shall be two years for
two positions, four years for two positions, and six years for
the remaining positions plus the period in each instance to the
next following June 30th; thereafter the term for each
appointive position shall be six years and shall end on June
30th. [1969 ex.s. c 176 § 94; 1963 c 4 § 36.68.040. Prior:
1949 c 94 § 4; Rem. Supp. 1949 § 3991-17.]
36.68.040
36.68.050 Park and recreation board—Removal of
members—Vacancies. Any appointed county park and recreation board member may be removed by a majority vote of
the board of county commissioners either for cause or upon
the joint written recommendation of five members of the
county park and recreation board. Vacancies on the county
park and recreation board shall be filled by appointment,
made by the board of county commissioners for the unexpired portions of the terms vacated. [1963 c 4 § 36.68.050.
Prior: 1949 c 94 § 5; Rem. Supp. 1949 § 3991-18.]
36.68.050
36.68.060 Park and recreation board—Powers and
duties. The county park and recreation board:
(1) Shall elect its officers, including a chair, vice chair
and secretary, and such other officers as it may determine it
requires.
(2) Shall hold regular public meetings at least monthly.
(3) Shall adopt rules for transaction of business and shall
keep a written record of its meetings, resolutions, transactions, findings and determinations, which record shall be a
public record.
(4) Shall initiate, direct, and administer county recreational activities, and shall select and employ a county park
and recreation superintendent and such other properly qualified employees as it may deem desirable.
(5) Shall improve, operate, and maintain parks, playgrounds, and other recreational facilities, together with all
structures and equipment useful in connection therewith, and
may recommend to the board of county commissioners
acquisition of real property.
36.68.060
[Title 36 RCW—page 157]
36.68.070
Title 36 RCW: Counties
(6) Shall promulgate and enforce reasonable rules and
regulations deemed necessary in the operation of parks, playgrounds, and other recreational facilities, and may recommend to the board of county commissioners adoption of any
rules or regulations requiring enforcement by legal process
which relate to parks, playgrounds, or other recreational
facilities.
(7) Shall each year submit to the board of county commissioners for approval a proposed budget for the following
year in the manner provided by law for the preparation and
submission of budgets by elective or appointive county officials.
(8) May, subject to the approval of the board of county
commissioners, enter into contracts with any other municipal
corporation, governmental or private agency for the conduct
of park and recreational programs. [2009 c 549 § 4102; 1963
c 4 § 36.68.060. Prior: 1949 c 94 § 6; Rem. Supp. 1949 §
3991-19.]
36.68.070 Park and recreation fund. In counties in
which county park and recreation boards are formed, a
county park and recreation fund shall be established. Into this
fund shall be placed the allocation as the board of county
commissioners annually appropriates thereto, together with
miscellaneous revenues derived from the operation of parks,
playgrounds, and other recreational facilities, as well as
grants, gifts, and bequests for park or recreational purposes.
All expenditures shall be disbursed from this fund by the
county park and recreation board, and all balances remaining
in this fund at the end of any year shall be carried over in such
fund to the succeeding year. [1963 c 4 § 36.68.070. Prior:
1949 c 94 § 7; Rem. Supp. 1949 § 3991-20.]
36.68.070
36.68.080 Penalty for violations of regulations. (1)
Except as otherwise provided in this section, any person violating any rules or regulations adopted by the board of county
commissioners relating to parks, playgrounds, or other recreational facilities is guilty of a misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule or regulation relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 205; 1979
ex.s. c 136 § 36; 1963 c 4 § 36.68.080. Prior: 1949 c 94 § 8;
Rem. Supp. 1949 § 3991-21.]
36.68.080
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
36.68.090 Counties authorized to build, improve,
operate and maintain, etc., parks, playgrounds, gymnasiums, swimming pools, beaches, stadiums, golf courses,
etc., and other recreational facilities—Regulation—
Charges for use. Any county, acting through its board of
county commissioners, is empowered to build, construct,
care for, control, supervise, improve, operate and maintain
parks, playgrounds, gymnasiums, swimming pools, field
houses, bathing beaches, stadiums, golf courses, automobile
36.68.090
[Title 36 RCW—page 158]
race tracks and drag strips, coliseums for the display of spectator sports, public campgrounds, boat ramps and launching
sites, public hunting and fishing areas, arboretums, bicycle
and bridle paths, and other recreational facilities, and to that
end may make, promulgate and enforce such rules and regulations regarding the use thereof, and make such charges for
the use thereof, as may be deemed by said board to be reasonable. [1967 ex.s. c 144 § 11.]
Authority to establish park and playground systems: RCW 36.68.010.
Stadiums, powers of cities and counties to acquire and operate: Chapter
67.28 RCW.
Additional notes found at www.leg.wa.gov
36.68.100 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. See RCW 53.08.310 and 53.08.320.
36.68.100
36.68.110 Counties authorized to permit public
libraries on land used for park and recreation purposes.
A county, acting through its county legislative authority, is
authorized to permit the location of public libraries on land
owned by the county that is used for park and recreation purposes, unless a covenant or other binding restriction precludes such uses. [1993 c 84 § 1.]
36.68.110
36.68.120 Community athletics programs—Sex discrimination prohibited. The antidiscrimination provisions
of RCW 49.60.500 apply to community athletics programs
and facilities operated, conducted, or administered by a park
and recreation service area. [2009 c 467 § 8.]
36.68.120
Findings—Declaration—2009 c 467: See note following RCW
49.60.500.
PARK AND RECREATION SERVICE AREAS
36.68.400 Creation authorized—Purposes—Taxing
districts—Powers. Any county shall have the power to create park and recreation service areas for the purpose of
financing, acquiring, constructing, improving, maintaining,
or operating any park, senior citizen activities centers, zoos,
aquariums, and recreational facilities as defined in RCW
36.69.010 which shall be owned or leased by the county and
administered as other county parks or shall be owned or
leased and administered by a city or town or shall be owned
or leased and administered by the park and recreation service
area. A park and recreation service area may purchase athletic equipment and supplies, and provide for the upkeep of
park buildings, grounds and facilities, and provide custodial,
recreational and park program personnel at any park or recreational facility owned or leased by the service area or a
county, city, or town. A park and recreation service area shall
be a quasi-municipal corporation, an independent taxing
"authority" within the meaning of section 1, Article 7 of the
Constitution, and a "taxing district" within the meaning of
section 2, Article 7 of the Constitution.
A park and recreation service area shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes including, but not limited to, the
authority to hire employees, staff, and services, to enter into
contracts, to accept and expend or use gifts, grants, and dona36.68.400
(2010 Ed.)
Parks and Recreational Facilities
tions, and to sue and be sued as well as all other powers that
may now or hereafter be specifically conferred by statute.
The members of the county legislative authority, acting
ex officio and independently, shall compose the governing
body of any park and recreation service area which is created
within the county: PROVIDED, That where a park and recreation service area includes an incorporated city or town
within the county, the park and recreation service area may
be governed as provided in an interlocal agreement adopted
pursuant to chapter 39.34 RCW. The voters of a park and recreation service area shall be all registered voters residing
within the service area.
A multicounty park and recreation service area shall be
governed as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW. [1988 c 82 § 1; 1985 c 253 § 1;
1981 c 210 § 1; 1965 ex.s. c 76 § 1; 1963 c 218 § 1.]
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
May acquire property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes: RCW 36.34.340.
Parks, county commissioners may designate name of: RCW 36.32.430.
Additional notes found at www.leg.wa.gov
36.68.410 May be initiated by resolution or petition.
Park and recreation service areas may be initiated in any
unincorporated area of any county by resolution adopted by
the county legislative authority or by a petition signed by ten
percent of the registered voters within the proposed park and
recreation service area. Incorporated areas may be included
under RCW 36.68.610 and 36.68.620. [1981 c 210 § 2; 1965
ex.s. c 76 § 2; 1963 c 218 § 2.]
36.68.410
Additional notes found at www.leg.wa.gov
36.68.460
be returned to the petitioners. If the petition is found to be
sufficient, the auditor shall so certify and transmit the same to
the board of county commissioners. [1963 c 218 § 4.]
36.68.440 Feasibility and cost studies—Public hearing—Notice. Upon accepting a petition to form a park and
recreation service area, or upon passage of a resolution to
establish such a service area, the county legislative authority
shall order a full investigation for the purpose or purposes of
the proposed service area to determine the feasibility of forming the same and to determine the estimated initial costs
involved in obtaining the objectives set forth in the petition or
resolution. The reports on the feasibility and the cost of the
proposed service area shall be made available to the county
legislative authority, and copies of such reports shall be filed
with the clerk of the county legislative authority not more
than eighty days after the county legislative authority first
directs that the studies and reports be undertaken. The county
legislative authority shall also provide by resolution that
within twenty days after receiving the reports a public hearing shall be held at the county seat or at some convenient
location within the proposed service area. At least five days
before the hearing, the county legislative authority shall give
notice of the hearing not less than twice in a legal newspaper
of general circulation in the county. The notice shall describe
the boundaries of the proposed service area, the purpose or
purposes of the proposed service area, the estimated initial
costs, indicate that the reports and other materials prepared at
the order of the county legislative authority are available in
the office of the clerk of the county legislative authority for
the study and review of any interested party, and set the time,
date and place of the hearing. [1981 c 210 § 4; 1963 c 218 §
5.]
36.68.440
Additional notes found at www.leg.wa.gov
36.68.420 Resolution or petition—Contents. Any resolution or petition initiating a proposed park and recreation
service area shall set forth the boundaries of the service area
with certainty, describe the purpose or purposes for which the
service area is to be formed, and contain an estimate of the
initial cost of any capital improvements or services to be
authorized in the service area.
"Initial costs" as used herein shall include the estimated
cost during the first year of operation of:
(1) Land to be acquired or leased for neighborhood park
purposes by the service area to establish a park or park facility specified in the resolution or petition;
(2) Capital improvements specified in the objectives or
purposes of the service area;
(3) Forming the service area; and
(4) Personnel, maintenance or operation of any park
facility within the service area as specified by the resolution
or petition. [1981 c 210 § 3; 1963 c 218 § 3.]
36.68.420
36.68.450 Hearing procedure—Inclusion of property—Examination of reports—Recess. At the hearing, the
county legislative authority shall first provide for an explanation of the objectives of the proposed park and recreation service area and the estimated initial costs thereof. The county
legislative authority shall permit any resident or property
owner of the proposed service area to appear and be heard,
and may permit property owners in contiguous areas to
include their property within the proposed service area in the
event that they make their request for inclusion in writing.
The county legislative authority shall examine all reports on
the feasibility of the proposed service area and its initial costs
and may, if they deem it necessary, recess the hearing for not
more than twenty days to obtain any additional information
necessary to arrive at the findings provided for in RCW
36.68.420. [1981 c 210 § 5; 1963 c 218 § 6.]
36.68.450
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
36.68.460 Findings of county commissioners—Dismissal of proceedings, limitation on subsequent initiation.
At the conclusion of a hearing, the board of county commissioners shall make the following findings:
(1) Whether or not the service area’s objectives fit within
the general framework of the county’s comprehensive park
plan and general park policies.
36.68.460
36.68.430 Petitions—Verification of signatures. Petitions shall be submitted to the county auditor who shall verify
the signatures thereon to determine that the petition has been
signed by the requisite number of persons who are registered
voters within the proposed service area. If the petition is
found not to have the requisite number of signatures, it shall
36.68.430
(2010 Ed.)
[Title 36 RCW—page 159]
36.68.470
Title 36 RCW: Counties
(2) The exact boundaries of the service area: The board
shall be empowered to modify the boundaries as originally
defined in the petition or resolution initiating the proposed
service area: PROVIDED, That the boundaries of the service
area may not be enlarged unless the property owners within
the area to be added consent to their inclusion in writing; or
unless the board gives the property owners of the area to be
added, written notice, mailed to their regular permanent residences as shown on the latest records of the county auditor,
five days prior to a regular or continued hearing upon the formation of the proposed service area.
(3) A full definition or explanation of the nature of
improvements or services to be financed by the proposed service area.
(4) Whether or not the objectives of the service area are
feasible.
(5) The number or name of the service area.
If satisfactory findings cannot be made by the board, the
petition or resolution shall be dismissed, and no petition or
resolution embracing the same area may be accepted or heard
for at least two years. [1963 c 218 § 7.]
36.68.470 Resolution ordering election—Election
procedure—Formation. (1) Upon making findings under
the provisions of RCW 36.68.460, the county legislative
authority shall, by resolution, order an election of the voters
of the proposed park and recreation service area to determine
if the service area shall be formed. The county legislative
authority shall in their resolution direct the county auditor to
set the election to be held at the next general election or at a
special election held for such purpose; describe the purposes
of the proposed service area; set forth the estimated cost of
any initial improvements or services to be financed by the
service area should it be formed; describe the method of
financing the initial improvements or services described in
the resolution or petition; and order that notice of election be
published in a newspaper of general circulation in the county
at least twice prior to the election date.
(2) A proposition to form a park and recreation service
area shall be submitted to the voters of the proposed service
area. Upon approval by a majority of the voters voting on the
proposition, a park and recreation service area shall be established. The proposition submitted to the voters by the county
auditor on the ballot shall be in substantially the following
form:
36.68.470
FORMATION OF PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be established
for the area described in a resolution of the legislative
authority of . . . . . . county, adopted on the . . . . day of
. . . . . . 19. . ., to provide financing for neighborhood park
facilities, improvements, and services?
Yes . . . . . .
No . . . . . .
[1981 c 210 § 6; 1963 c 218 § 8.]
Additional notes found at www.leg.wa.gov
36.68.480 Property tax levies or bond retirement levies—Election. If the petition or resolution initiating the formation of the proposed park and recreation service area pro36.68.480
[Title 36 RCW—page 160]
poses that the initial capital or operational costs are to be
financed by regular property tax levies for a six-year period
as authorized by RCW 36.68.525, or an annual excess levy,
or that proposed capital costs are to be financed by the issuance of general obligation bonds and bond retirement levies,
a proposition or propositions for such purpose or purposes
shall be submitted to the voters of the proposed service area
at the same election. A proposition or propositions for regular
property tax levies for a six-year period as authorized by
RCW 36.68.525, an annual excess levy, or the issuance of
general obligation bonds and bond retirement levies, may
also be submitted to the voters at any general or special election. [1984 c 131 § 7; 1981 c 210 § 7; 1973 1st ex.s. c 195 §
38; 1963 c 218 § 9.]
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
Additional notes found at www.leg.wa.gov
36.68.490 Annual excess levy or bond retirement levies—Election procedure—Vote required. In order for the
annual excess tax levy proposition or bond retirement levies
proposition to be approved, voters exceeding in number at
least sixty percent of the number of voters who cast ballots
for the office of county legislative authority within the park
and recreation area, or within the proposed service area, in
the last preceding general election for that office must cast
ballots on the tax levy proposition, and of all the votes cast at
the election at least sixty percent of said votes must approve
the annual excess tax levy or the bond retirement levies.
[1981 c 210 § 8; 1963 c 218 § 10.]
36.68.490
Additional notes found at www.leg.wa.gov
36.68.500 Resolution declaring formation—Treasurer—Disbursement procedure. If the formation of the
service area is approved by the voters, the county legislative
authority shall by resolution declare the service area to be
formed and direct the county treasurer to be the treasurer of
the service area. Expenditures of the service area shall be
made upon warrants drawn by the county auditor pursuant to
vouchers approved by the governing body of the service area.
[1981 c 210 § 9; 1963 c 218 § 11.]
36.68.500
Additional notes found at www.leg.wa.gov
36.68.510 Local service area fund. If the service area
is formed, there shall be created in the office of the county
treasurer a local service area fund with such accounts as the
treasurer may find convenient, or as the state auditor may
direct, into which shall be deposited all revenues received by
the service area from tax levy, from gifts or donations, and
from service or admission charges. Such fund shall be designated "(name of county) service area No. . . . . fund." Or
"(name of district) service area fund." Special accounts shall
be established within the fund for the deposit of the proceeds
of each bond issue made for the construction of a specified
project or improvement, and there shall also be established
special accounts, within the fund for the deposit of revenues
raised by special levy or derived from other specific revenues, to be used exclusively for the retirement of an outstanding bond issue or for paying the interest or service charges on
any bond issue. [1963 c 218 § 12.]
36.68.510
(2010 Ed.)
Parks and Recreational Facilities
36.68.520 Annual excess property tax levy—General
obligation bonds. (1) A park and recreation service area
shall have the power to levy annual excess levies upon the
property included within the service area if authorized at a
special election called for the purpose in the manner prescribed by section 2, Article VII of the Constitution and by
RCW 84.52.052 for operating funds, capital outlay funds,
and cumulative reserve funds.
(2) A park and recreation service area may issue general
obligation bonds for capital purposes only, not to exceed an
amount, together with any outstanding nonvoter approved
general obligation indebtedness, equal to three-eighths of one
percent of the value of the taxable property within the service
area. Additionally, a park and recreation service area may
issue general obligation bonds, together with any outstanding
voter approved and nonvoter approved general indebtedness,
equal to two and one-half percent of the value of the taxable
property within the service area, as the term "value of the taxable property" is defined in RCW 39.36.015, when such
bonds are approved by the voters of the service area at a special election called for the purpose in accordance with the
provisions of Article VIII, section 6 of the Constitution. Such
bonds shall be issued and sold in accordance with chapter
39.46 RCW.
Bonds may be retired by excess property tax levies when
such levies are approved by the voters at a special election in
accordance with the provisions of Article VII, section 2 of the
Constitution and RCW 84.52.056.
Any elections shall be held as provided in RCW
39.36.050. [1994 c 156 § 4. Prior: 1984 c 186 § 29; 1984 c
131 § 8; (1983 c 167 § 271 repealed by 1984 c 186 § 70; and
repealed by 1984 c 131 § 10); 1983 c 167 § 83; 1981 c 210 §
10; 1973 1st ex.s. c 195 § 39; 1970 ex.s. c 42 § 19; 1963 c 218
§ 13.]
36.68.520
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
Additional notes found at www.leg.wa.gov
36.68.525 Six-year regular property tax levies—Limitations—Election. A park and recreation service area may
impose regular property tax levies in an amount equal to sixty
cents or less per thousand dollars of assessed value of property in the service area in each year for six consecutive years
when specifically authorized so to do by a majority of at least
three-fifths of the voters thereof approving a proposition
authorizing the levies submitted not more than twelve months
prior to the date on which the proposed initial levy is to be
made and not oftener than twice in such twelve month period,
either at a special election or at the regular election of the service area, at which election the number of voters voting "yes"
on the proposition must constitute three-fifths of a number
equal to forty percent of the number of voters voting in the
service area at the last preceding general election when the
number of voters voting on the proposition does not exceed
forty percent of the number of voters voting in such taxing
district in the last preceding general election; or by a majority
of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the proposition
exceeds forty per centum of the number of voters voting in
36.68.525
(2010 Ed.)
36.68.550
such taxing district in the last preceding general election. A
proposition authorizing such tax levies may not be submitted
by a park and recreation service area more than twice in any
twelve-month period. Ballot propositions must conform with
RCW 29A.36.210. If a park and recreation service area is
levying property taxes, which in combination with property
taxes levied by other taxing districts result in taxes in excess
of the limitation provided for in RCW 84.52.043(2), the park
and recreation service area property tax levy must be reduced
or eliminated as provided in RCW 84.52.010. [2010 c 106 §
302; 1994 c 156 § 5; 1984 c 131 § 9.]
Effective date—2010 c 106: See note following RCW 35.102.145.
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
36.68.527 Community revitalization financing—
Public improvements. In addition to other authority that a
park and recreation service area possesses, a park and recreation service area may provide any public improvement as
defined under RCW 39.89.020, but this additional authority
is limited to participating in the financing of the public
improvements as provided under RCW 39.89.050.
This section does not limit the authority of a park and
recreation service area to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 14.]
36.68.527
Severability—2001 c 212: See RCW 39.89.902.
36.68.530 Budgets—Appropriations—Accumulation
of reserves. The governing body of each park and recreation
service area shall annually compile a budget for each service
area in a form prescribed by the state auditor for the ensuing
calendar year which shall, to the extent that anticipated
income is actually realized, constitute the appropriations for
the service area. The budget may include an amount to accumulate a reserve for a stated capital purpose. In compiling the
budget, all available funds and anticipated income shall be
taken into consideration, including contributions or contractual payments from school districts, cities, or towns, county
or any other governmental entity, gifts and donations, special
tax levy, fees and charges, proceeds of bond issues, and
cumulative reserve funds. [1995 c 301 § 67; 1981 c 210 § 11;
1963 c 218 § 14.]
36.68.530
Additional notes found at www.leg.wa.gov
36.68.541 Employees. Park and recreation service
areas may hire employees and may fund all or a portion of the
salaries and benefits of county park employees who perform
work on county park and recreation facilities within the service area and may fund all or a portion of the salaries and
benefits of city or town park employees who perform work
on city or town park and recreation facilities within the service area. [1988 c 82 § 2; 1981 c 210 § 12.]
36.68.541
Additional notes found at www.leg.wa.gov
36.68.550 Use and admission fees and charges. A
park and recreation service area may impose and collect use
fees or other direct charges on facilities financed, acquired,
and operated by the park and recreation service area. The
county legislative authority may allow admission fees or
36.68.550
[Title 36 RCW—page 161]
36.68.555
Title 36 RCW: Counties
other direct charges which are paid by persons using county
park facilities located within a park and recreation service
area to be transferred to a park and recreation service area.
Such direct charges to users may be made for the use of or
admission to swimming pools, field houses, tennis and handball courts, bathhouses, swimming beaches, boat launching,
storage or moorage facilities, ski lifts, picnic areas and other
similar recreation facilities, and for parking lots used in conjunction with such facilities. All funds collected under the
provisions of this section shall be deposited to the fund of the
service area established in the office of the county treasurer,
to be disbursed under the service area budget as approved by
the governing body of the park and recreation service area.
[1988 c 82 § 3; 1981 c 210 § 13; 1963 c 218 § 16.]
Additional notes found at www.leg.wa.gov
36.68.555 Eminent domain. A park and recreation service area may exercise the power of eminent domain to
obtain property for its authorized purposes in a manner consistent with the power of eminent domain of the county in
which the park and recreation service area is located. [1988
c 82 § 8.]
36.68.555
36.68.560 Concessions. The county legislative authority may transfer the proceeds from concessions for food and
other services accruing to the county from park or park facilities which are located in a park and recreation service area to
the fund of the service area in the office of the county treasurer to be disbursed under the service area budget. [1981 c
210 § 14; 1963 c 218 § 17.]
36.68.560
whole or in part by park and recreation service area funds.
[1988 c 82 § 5; 1981 c 210 § 16; 1963 c 218 § 19.]
Additional notes found at www.leg.wa.gov
36.68.590 Purpose—Level of services—General park
programs. The purpose of RCW 36.68.400 et seq. shall be
to provide a higher level of park services and shall not in any
way diminish the right of a county to provide a general park
program financed from current expense funds. [1963 c 218 §
20.]
36.68.590
36.68.600 Use of park and recreation service area
funds in exercise of powers enumerated in chapter 67.20
RCW. A park and recreation service area may exercise any
of the powers enumerated in chapter 67.20 RCW with respect
to any park and recreation facility financed in whole or part
from park and recreation service area funds. [1988 c 82 § 6;
1981 c 210 § 17; 1963 c 218 § 21.]
36.68.600
Parks, bathing beaches, public camps: Chapter 67.20 RCW.
Additional notes found at www.leg.wa.gov
36.68.610 Area which may be included—Inclusion of
area within city or town—Procedure. A park and recreation service area may include any unincorporated area in the
state, and when any part of the proposed district lies within
the corporate limits of any city or town said resolution or
petition shall be accompanied by a certified copy of a resolution of the governing body of said city or town, approving
inclusion of the area within the corporate limits of the city or
town. [1973 c 65 § 1.]
36.68.610
Additional notes found at www.leg.wa.gov
36.68.620 Enlargement by inclusion of additional
area—Procedure. After a park and recreation service area
has been organized, an additional area may be added by the
same procedure within the proposed additional area as is provided herein for the organization of a park and recreation service area, and all electors within both the organized park and
recreation service area and the proposed additional territory
shall vote upon the proposition for enlargement. [1973 c 65
§ 2.]
36.68.620
36.68.570 Use of funds—Purchases. A park and recreation service area may reimburse the county for any charge
incurred by the county current expense fund which is properly an expense of the service area, including reasonable
administrative costs incurred by the offices of county treasurer and the county auditor in providing accounting, clerical
or other services for the benefit of the service area. The
county legislative authority may, where a county purchasing
department has been established, provide for the purchase of
all supplies and equipment for a park and recreation service
area through the department. The park and recreation service
area may contract with the county to administer purchasing.
[1988 c 82 § 4; 1981 c 210 § 15; 1963 c 218 § 18.]
36.68.570
Additional notes found at www.leg.wa.gov
Chapter 36.69
(Formerly: Recreation districts act)
Sections
36.69.010
36.68.580 Ownership of parks and facilities—Expenditure of funds budgeted for park purposes. Any park
facility or park acquired, improved or otherwise financed in
whole or in part by park and recreation service area funds
shall be owned by the park service area and/or the county
and/or the city or town in which the park or facility is located.
The county may make expenditures from its current expense
funds budgeted for park purposes for the maintenance, operation or capital improvement of any county park or park facility acquired, improved, or otherwise financed in whole or in
part by park and recreation service area funds. Similarly, a
city or town may make expenditures for any city or town park
or park facility acquired, improved, or otherwise financed in
36.68.580
[Title 36 RCW—page 162]
Chapter 36.69 RCW
PARK AND RECREATION DISTRICTS
36.69.020
36.69.030
36.69.040
36.69.050
36.69.065
36.69.070
36.69.080
36.69.090
36.69.100
36.69.110
36.69.120
36.69.130
36.69.140
36.69.145
36.69.147
Park and recreation districts authorized—"Recreational facilities" defined.
Formation of district by petition—Procedure.
Area which may be included—Resolution of governing body
of city or town.
Hearing on petition—Notice.
Boundaries—Name—Inclusion, exclusion of lands.
Election for formation—Inclusion of proposition for tax levy
or issuance of bonds.
Elections—Procedures—Terms.
Election results.
Commissioners—Terms—Election procedures.
Commissioners—Vacancies.
Commissioners—Compensation, expenses.
Commissioners—Duties.
Powers of districts.
Excess levies authorized—Bonds—Interest bearing warrants.
Six-year regular property tax levies—Limitations—Election.
Community revitalization financing—Public improvements.
(2010 Ed.)
Park and Recreation Districts
36.69.150
36.69.160
36.69.170
36.69.180
36.69.190
36.69.200
36.69.210
36.69.220
36.69.230
36.69.240
36.69.245
36.69.250
36.69.260
36.69.270
36.69.280
36.69.290
36.69.300
36.69.305
36.69.310
36.69.320
36.69.350
36.69.360
36.69.370
36.69.380
36.69.390
36.69.400
36.69.410
36.69.420
36.69.430
36.69.440
36.69.450
36.69.460
36.69.500
36.69.900
District treasurer—Warrants—Vouchers.
Budget.
Expenditures.
Violation of rules—Penalty.
Additional area may be added to district.
L.I.D.’s—Authorization—Assessments, warrants, bonds—
County treasurer’s duties.
L.I.D.’s—Initiation by resolution or petition.
L.I.D.’s—Procedure when by resolution.
L.I.D.’s—Procedure when by petition—Publication of notice
of intent by either resolution or petition.
L.I.D.’s—Notice—Contents.
L.I.D.’s—Notice must contain statement that assessments may
vary from estimates.
L.I.D.’s—Public hearing—Inclusion, exclusion of property.
L.I.D.’s—Protests—Procedure—Jurisdiction of board.
L.I.D.’s—Powers and duties of board upon formation.
L.I.D.’s—Assessment roll—Procedure for approval—Objections.
L.I.D.’s—Segregation of assessments—Power of board.
L.I.D.’s—Segregation of assessments—Procedure—Fee,
charges.
L.I.D.’s—Acquisition of property subject to unpaid or delinquent assessments by state or political subdivision—Payment of lien or installments.
Dissolution.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Board authorized to contract indebtedness and issue revenue
bonds.
Revenue bonds—Authorized purposes.
Revenue bonds—Issuance, form, seal, etc.
Resolution to authorize bonds—Contents.
Payment of bonds—Covenants—Enforcement.
Funding, refunding bonds.
Authority for issuance of bonds—Construction.
Joint park and recreation district—Authorization.
Joint park and recreation district—Formation—Petition.
Joint park and recreation district—Formation—Hearing—
Boundaries—Election.
Joint park and recreation district—Duties of county officers.
Joint park and recreation district—Population determinations.
Community athletics programs—Sex discrimination prohibited.
Short title.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
RCW 39.33.060 to govern on sales by water-sewer district for park and recreational purposes: RCW 57.08.140.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
36.69.050
36.69.020 Formation of district by petition—Procedure. The formation of a park and recreation district shall be
initiated by a petition designating the boundaries thereof by
metes and bounds, or by describing the land to be included
therein by townships, ranges and legal subdivisions. Such
petition shall set forth the object of the district and state that
it will be conducive to the public welfare and convenience,
and that it will be a benefit to the area therein. Such petition
shall be signed by not less than fifteen percent of the registered voters residing within the area so described. The name
of a person who has signed the petition may not be withdrawn
from the petition after the petition has been filed.
The petition shall be filed with the auditor of the county
within which the proposed district is located, accompanied by
an obligation signed by two or more petitioners, agreeing to
pay the cost of the publication of the notice provided for in
RCW 36.69.040. The county auditor shall, within thirty days
from the date of filing the petition, examine the signatures
and certify to the sufficiency or insufficiency thereof.
If the petition is found to contain a sufficient number of
signatures of qualified persons, the auditor shall transmit it,
together with a certificate of sufficiency attached thereto, to
the county legislative authority, which shall by resolution
entered upon its minutes receive it and fix a day and hour
when the legislative authority will publicly hear the petition,
as provided in RCW 36.69.040. [1994 c 223 § 42; 1969 c 26
§ 2; 1967 c 63 § 2; 1963 c 4 § 36.69.020. Prior: 1961 c 272 §
2; 1959 c 304 § 2; 1957 c 58 § 2.]
36.69.020
36.69.030 Area which may be included—Resolution
of governing body of city or town. A park and recreation
district may include any unincorporated area in the state and,
when any part of the proposed district lies within the corporate limits of any city or town, said petition shall be accompanied by a certified copy of a resolution of the governing body
of said city or town, approving inclusion of the area within
the corporate limits of the city or town. [1969 c 26 § 3; 1967
c 63 § 3; 1963 c 4 § 36.69.030. Prior: 1961 c 272 § 3; 1959 c
304 § 3; 1957 c 58 § 3.]
36.69.030
36.69.040 Hearing on petition—Notice. The board of
county commissioners shall set a time for a hearing on the
petition for the formation of a park and recreation district to
be held not more than sixty days following the receipt of such
petition. Notice of hearing shall be given by publication three
times, at intervals of not less than one week, in a newspaper
of general circulation within the county. Such notice shall
state the time and place of hearing and describe particularly
the area proposed to be included within the district. [1963 c
4 § 36.69.040. Prior: 1957 c 58 § 4.]
36.69.040
36.69.010 Park and recreation districts authorized—
"Recreational facilities" defined. Park and recreation districts are hereby authorized to be formed as municipal corporations for the purpose of providing leisure time activities and
facilities and recreational facilities, of a nonprofit nature as a
public service to the residents of the geographical areas
included within their boundaries.
The term "recreational facilities" means parks, playgrounds, gymnasiums, swimming pools, field houses, bathing beaches, stadiums, golf courses, automobile race tracks
and drag strips, coliseums for the display of spectator sports,
public campgrounds, boat ramps and launching sites, public
hunting and fishing areas, arboretums, bicycle and bridle
paths, senior citizen centers, community centers, and other
recreational facilities. [1991 c 363 § 79; 1990 c 32 § 1; 1972
ex.s. c 94 § 1; 1969 c 26 § 1; 1967 c 63 § 1; 1963 c 4 §
36.69.010. Prior: 1961 c 272 § 1; 1959 c 304 § 1; 1957 c 58
§ 1.]
36.69.010
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2010 Ed.)
36.69.050 Boundaries—Name—Inclusion, exclusion
of lands. The board of county commissioners shall designate
a name for and fix the boundaries of the proposed district following such hearing. No land shall be included in the boundaries as fixed by the county commissioners which was not
described in the petition, unless the owners of such land shall
consent in writing thereto.
The board of county commissioners shall eliminate from
the boundaries of the proposed district land which they find
36.69.050
[Title 36 RCW—page 163]
36.69.065
Title 36 RCW: Counties
will not be benefited by inclusion therein. [1963 c 4 §
36.69.050. Prior: 1957 c 58 § 5.]
36.69.065 Election for formation—Inclusion of proposition for tax levy or issuance of bonds. If the petition or
resolution initiating the formation of the proposed park and
recreation district proposes that the initial capital or operational costs are to be financed by regular property tax levies
for a *five-year period as authorized by RCW 36.69.145, or
an annual excess levy, or that proposed capital costs are to be
financed by the issuance of general obligation bonds and
bond retirement levies, a proposition or propositions for such
purpose or purposes shall be submitted to the voters of the
proposed park and recreation district at the same election. A
proposition or propositions for regular property tax levies for
a *five-year period as authorized by RCW 36.69.145, an
annual excess levy, or the issuance of general obligation
bonds and bond retirement levies, may also be submitted to
the voters at any general or special election. The ballot proposition or propositions authorizing the imposition of a tax
levy or levies, or issuance of general obligation bonds and
imposition of tax levies, shall be null and void if the park and
recreation district was not authorized to be formed. [1989 c
184 § 1.]
36.69.065
*Reviser’s note: 1994 c 156 § 3 amended RCW 36.69.145 to authorize
a six-year period.
36.69.070 Elections—Procedures—Terms. A ballot
proposition authorizing the formation of the proposed park
and recreation district shall be submitted to the voters of the
proposed district for their approval or rejection at the next
general state election occurring sixty or more days after the
county legislative authority fixes the boundaries of the proposed district. Notices of the election for the formation of the
park and recreation district shall state generally and briefly
the purpose thereof and shall give the boundaries of the proposed district and name the day of the election and the hours
during which the polls will be open. The proposition to be
submitted to the voters shall be stated in such manner that the
voters may indicate yes or no upon the proposition of forming
the proposed park and recreation district.
The initial park and recreation commissioners shall be
elected at the same election, but this election shall be null and
void if the district is not authorized to be formed. No primary
shall be held to nominate candidates for the initial commissioner positions. Candidates shall run for specific commission positions. A special filing period shall be opened as provided in *RCW 29.15.170 and 29.15.180. The person who
receives the greatest number of votes for each commission
position shall be elected to that position. The three persons
who are elected receiving the greatest number of votes shall
be elected to four-year terms of office if the election is held in
an odd-numbered year or three-year terms of office if the
election is held in an even-numbered year. The other two persons who are elected shall be elected to two-year terms of
office if the election is held in an odd-numbered year or oneyear terms of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately upon being elected and qualified, but the length of
such terms shall be computed from the first day of January in
the year following this election. [1994 c 223 § 43; 1979 ex.s.
36.69.070
[Title 36 RCW—page 164]
c 126 § 28; 1963 c 4 § 36.69.070. Prior: 1959 c 304 § 4; 1957
c 58 § 7.]
*Reviser’s note: RCW 29.15.170 and 29.15.180 were recodified as
RCW 29A.24.170 and 29A.24.180 pursuant to 2003 c 111 § 2401, effective
July 1, 2004. RCW 29A.24.170 and 29A.24.180 were subsequently repealed
by 2004 c 271 § 193. Later enactment of RCW 29A.24.170 and 29A.24.180,
see RCW 29A.24.171 and 29A.24.181, respectively.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
36.69.080 Election results. If a majority of all votes
cast upon the proposition favors the formation of the district,
the county legislative authority shall, by resolution, declare
the territory organized as a park and recreation district under
the designated name. [1994 c 223 § 44; 1979 ex.s. c 126 § 29;
1963 c 4 § 36.69.080. Prior: 1957 c 58 § 8.]
36.69.080
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
36.69.090 Commissioners—Terms—Election procedures. A park and recreation district shall be governed by a
board of five commissioners. Except for the initial commissioners, all commissioners shall be elected to staggered fouryear terms of office and shall serve until their successors are
elected and qualified and assume office in accordance with
*RCW 29.04.170. Candidates shall run for specific commissioner positions.
Elections for park and recreation district commissioners
shall be held biennially in conjunction with the general election in each odd-numbered year. Elections shall be held in
accordance with the provisions of **Title 29 RCW dealing
with general elections, except that there shall be no primary
to nominate candidates. All persons filing and qualifying
shall appear on the general election ballot and the person
receiving the largest number of votes for each position shall
be elected. [1996 c 324 § 2; 1994 c 223 § 45; 1987 c 53 § 1;
1979 ex.s. c 126 § 30; 1963 c 200 § 18; 1963 c 4 § 36.69.090.
Prior: 1957 c 58 § 9.]
36.69.090
Reviser’s note: *(1) RCW 29.04.170 was recodified as RCW
29A.20.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) Title 29 RCW was repealed and/or recodified pursuant to 2003 c
111, effective July 1, 2004. See Title 29A RCW.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
36.69.100 Commissioners—Vacancies. Vacancies on
the board of park and recreation commissioners shall occur
and shall be filled as provided in chapter 42.12 RCW. [1994
c 223 § 46; 1963 c 4 § 36.69.100. Prior: 1957 c 58 § 10.]
36.69.100
36.69.110 Commissioners—Compensation, expenses.
The park and recreation commissioners shall receive no compensation for their services but shall receive necessary
expenses in attending meetings of the board or when otherwise engaged on district business. [1963 c 4 § 36.69.110.
Prior: 1957 c 58 § 11.]
36.69.110
36.69.120 Commissioners—Duties. The park and recreation district board of commissioners shall:
(1) Elect its officers including a chair, vice chair, secretary, and such other officers as it may determine it requires;
(2) Hold regular public meetings at least monthly;
36.69.120
(2010 Ed.)
Park and Recreation Districts
(3) Adopt policies governing transaction of board business, keeping of records, resolutions, transactions, findings
and determinations, which shall be of public record;
(4) Initiate, direct and administer district park and recreation activities, and select and employ such properly qualified employees as it may deem necessary. [2009 c 549 §
4103; 1963 c 4 § 36.69.120. Prior: 1957 c 58 § 12.]
36.69.130
36.69.130 Powers of districts. Park and recreation districts shall have such powers as are necessary to carry out the
purpose for which they are created, including, but not being
limited to, the power: (1) To acquire and hold real and personal property; (2) to dispose of real and personal property
only by unanimous vote of the district commissioners; (3) to
make contracts; (4) to sue and be sued; (5) to borrow money
to the extent and in the manner authorized by this chapter; (6)
to grant concessions; (7) to make or establish charges, fees,
rates, rentals and the like for the use of facilities (including
recreational facilities) or for participation; (8) to make and
enforce rules and regulations governing the use of property,
facilities or equipment and the conduct of persons thereon;
(9) to contract with any municipal corporation, governmental, or private agencies for the conduct of park and recreation
programs; (10) to operate jointly with other governmental
units any facilities or property including participation in the
acquisition; (11) to hold in trust or manage public property
useful to the accomplishment of their objectives; (12) to
establish cumulative reserve funds in the manner and for the
purposes prescribed by law for cities; (13) to acquire, construct, reconstruct, maintain, repair, add to, and operate recreational facilities; and, (14) to make improvements or to
acquire property by the local improvement method in the
manner prescribed by this chapter: PROVIDED, That such
improvement or acquisition is within the scope of the purposes granted to such park and recreation district. [1972 ex.s.
c 94 § 2; 1969 c 26 § 4; 1967 c 63 § 4; 1963 c 4 § 36.69.130.
Prior: 1961 c 272 § 4; 1959 c 304 § 5; 1957 c 58 § 13.]
36.69.140 Excess levies authorized—Bonds—Interest bearing warrants. (1) A park and recreation district
shall have the power to levy excess levies upon the property
included within the district, in the manner prescribed by Article VII, section 2, of the Constitution and by RCW 84.52.052
for operating funds, capital outlay funds, and cumulative
reserve funds.
(2) A park and recreation district may issue general obligation bonds for capital purposes only, not to exceed an
amount, together with any outstanding nonvoter approved
general obligation indebtedness equal to three-eighths of one
percent of the value of the taxable property within such district, as the term "value of the taxable property" is defined in
RCW 39.36.015. A park and recreation district may additionally issue general obligation bonds, together with outstanding
voter approved and nonvoter approved general obligation
indebtedness, equal to one and one-fourth percent of the
value of the taxable property within the district, as the term
"value of the taxable property" is defined in RCW 39.36.015,
when such bonds are approved by three-fifths of the voters of
the district at a general or special election called for that purpose and may provide for the retirement thereof by levies in
36.69.140
(2010 Ed.)
36.69.145
excess of dollar rate limitations in accordance with the provisions of RCW 84.52.056. When authorized by the voters of
the district, the district may issue interest bearing warrants
payable out of and to the extent of excess levies authorized in
the year in which the excess levy was approved. These elections shall be held as provided in RCW 39.36.050. Such
bonds and warrants shall be issued and sold in accordance
with chapter 39.46 RCW. [1994 c 156 § 2; 1984 c 186 § 30;
1983 c 167 § 84; 1981 c 210 § 19; 1977 ex.s. c 90 § 1; 1973
1st ex.s. c 195 § 40; 1970 ex.s. c 42 § 20; 1969 c 26 § 5; 1967
c 63 § 5; 1963 c 4 § 36.69.140. Prior: 1961 c 272 § 5; 1959 c
304 § 6; 1957 c 58 § 14.]
Intent—1994 c 156: "The intent of the legislature by enacting sections
2 through 5, chapter 156, Laws of 1994 is:
(1) To allow park and recreation districts and park and recreation service areas to place more than one excess levy on the same ballot, allowing
districts and service areas to give voters the opportunity to vote on separate
issues, such as for operating and capital funds, at the same election, thereby
reducing election costs; and
(2) To increase the amount a park and recreation district or park and
recreation service area may collect through a six-year property tax levy from
a maximum of fifteen cents per thousand dollars of assessed value to a maximum of sixty cents per thousand dollars of assessed value. This would allow
for a more stable funding source for park and recreation districts and park
and recreation service areas at a realistic tax rate and reduce the need for
holding excess levy elections on an annual or biannual [biennial] basis. In
addition, it would level out the collection of taxes over each of six years
rather than the practice now of collecting in one year to fund two years."
[1994 c 156 § 1.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
36.69.145 Six-year regular property tax levies—Limitations—Election. (1) A park and recreation district may
impose regular property tax levies in an amount equal to sixty
cents or less per thousand dollars of assessed value of property in the district in each year for six consecutive years when
specifically authorized so to do by a majority of at least threefifths of the voters thereof approving a proposition authorizing the levies submitted at a special election or at the regular
election of the district, at which election the number of voters
voting "yes" on the proposition must constitute three-fifths of
a number equal to forty per centum of the number of voters
voting in such district at the last preceding general election
when the number of voters voting on the proposition does not
exceed forty per centum of the number of voters voting in
such taxing district in the last preceding general election; or
by a majority of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the
proposition exceeds forty per centum of the number of voters
voting in such taxing district in the last preceding general
election. A proposition authorizing the tax levies may not be
submitted by a park and recreation district more than twice in
any twelve-month period. Ballot propositions must conform
with RCW 29A.36.210. In the event a park and recreation
district is levying property taxes, which in combination with
property taxes levied by other taxing districts subject to the
one percent limitation provided for in Article 7, section 2, of
our state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043(2), the park and recreation district property tax levy must be reduced or eliminated
as provided in RCW 84.52.010.
(2) The limitation in RCW 84.55.010 does not apply to
the first levy imposed under this section following the
36.69.145
[Title 36 RCW—page 165]
36.69.147
Title 36 RCW: Counties
approval of the levies by the voters under subsection (1) of
this section. [2010 c 106 § 303; 1994 c 156 § 3; 1984 c 131
§ 6; 1981 c 210 § 18.]
Effective date—2010 c 106: See note following RCW 35.102.145.
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
36.69.147 Community revitalization financing—
Public improvements. In addition to other authority that a
park and recreation district possesses, a park and recreation
district may provide any public improvement as defined
under RCW 39.89.020, but this additional authority is limited
to participating in the financing of the public improvements
as provided under RCW 39.89.050.
This section does not limit the authority of a park and
recreation district to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 15.]
36.69.147
Severability—2001 c 212: See RCW 39.89.902.
36.69.150 District treasurer—Warrants—Vouchers.
The county treasurer of the county in which the district shall
be located shall be the treasurer of the district, and expenditures shall be made upon warrants drawn by the county auditor pursuant to vouchers approved by the board of park and
recreation commissioners. [1963 c 4 § 36.69.150. Prior:
1957 c 58 § 16.]
36.69.150
36.69.160 Budget. The board of park and recreation
commissioners of each park and recreation district shall
annually compile a budget, in form prescribed by the state
auditor, for the ensuing calendar year, and which shall, to the
extent that anticipated income is actually realized, constitute
the appropriations for the district. The budget may include an
amount to accumulate a reserve for a stated capital purpose.
In compiling the budget, all available funds and anticipated
income shall be taken into consideration, including contributions or contractual payments from school districts, cities or
towns, county, or any other governmental unit; gifts and
donations; special tax levy; assessments; fees and charges;
proceeds of bond issues; cumulative reserve funds. [1995 c
301 § 68; 1963 c 4 § 36.69.160. Prior: 1957 c 58 § 17.]
36.69.160
36.69.170 Expenditures. Expenditures shall be made
solely in accordance with the budget, and should revenues
accrue at a rate below the anticipated amounts, the board of
park and recreation commissioners shall reduce expenditures
accordingly: PROVIDED, That the board may, by unanimous vote, authorize such expenditures, or authorize expenditures in excess of those budgeted, if sufficient revenue to
pay such expenditures is derived by the levy of the district or
if provided by other governmental agencies specifically for
such purposes. [1963 c 4 § 36.69.170. Prior: 1957 c 58 § 18.]
36.69.170
36.69.180 Violation of rules—Penalty. (1) Except as
otherwise provided in this section, the violation of any of the
rules or regulations of a park and recreation district adopted
by its board for the preservation of order, control of traffic,
protection of life or property, or for the regulation of the use
of park property is a misdemeanor.
36.69.180
[Title 36 RCW—page 166]
(2)(a) Except as provided in (b) of this subsection, violation of such a rule or regulation relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 206; 1979
ex.s. c 136 § 37; 1963 c 4 § 36.69.180. Prior: 1957 c 58 §
19.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
36.69.190
36.69.190 Additional area may be added to district.
After a park and recreation district has been organized, an
additional area may be added by the same procedure within
the proposed additional area as is provided herein for the
organization of a park and recreation district, except that no
first commissioners shall be nominated by the board of
county commissioners or elected, and all electors within both
the organized park and recreation district and the proposed
additional territory shall vote upon the proposition for
enlargement. [1969 c 26 § 6; 1967 c 63 § 6; 1963 c 4 §
36.69.190. Prior: 1961 c 272 § 6; 1959 c 304 § 7; 1957 c 58
§ 20.]
36.69.200
36.69.200 L.I.D.’s—Authorization—Assessments,
warrants, bonds—County treasurer’s duties. (1) Whenever the board of park and recreation commissioners of any
district shall determine that any proposed capital improvement would be of special benefit to all or to any portion of the
district, it may establish local improvement districts within
its territory; levy special assessments under the mode of
annual installments extending over a period not exceeding
twenty years, on all property specially benefited by a local
improvement, on the basis of special benefits to pay in whole
or in part the damage or costs of any improvements ordered
in the district; and issue local improvement bonds in the
improvement district to be repaid by the collection of local
improvement assessments. The method of establishment,
levying, collection and enforcement of such assessments and
issuance and redemption of local improvement warrants and
bonds and the provisions regarding the conclusiveness of the
assessment roll and the review by the superior court of any
objections thereto shall be as provided for the levying, collection, and enforcement of local improvement assessments and
the issuance of local improvement bonds by cities and towns,
insofar as consistent herewith. The duties devolving upon the
city treasurer are hereby imposed upon the county treasurer
for the purposes hereof. The mode of assessment shall be
determined by the board. Such bonds may be in any form,
including coupon bonds or registered bonds as provided in
RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 85; 1983 c 3 § 80; 1963 c 4 §
36.69.200. Prior: 1957 c 58 § 21.]
Local improvements, supplemental authority: Chapter 35.51 RCW.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Park and Recreation Districts
36.69.210 L.I.D.’s—Initiation by resolution or petition. Local improvement districts may be initiated either (1)
by resolution of the board of park and recreation commissioners, or, (2) by petition signed by the owners (according to
the county auditor’s records) of at least fifty-one percent of
the area of land within the limits of the local improvement
district to be created. [1963 c 4 § 36.69.210. Prior: 1957 c 58
§ 22.]
36.69.210
36.69.220 L.I.D.’s—Procedure when by resolution.
If the board of park and recreation commissioners desires to
initiate the formation of a local improvement district by resolution, it shall first pass a resolution declaring its intention to
order such improvement, setting forth the nature and territorial extent of such proposed improvement, designating the
number of the proposed local improvement district and
describing the boundaries thereof, stating the estimated cost
and expense of the improvement and the proportionate
amount thereof which will be borne by the property within
the proposed district, and fixing a date, time and place for a
public hearing on the formation of the proposed local district.
[1963 c 4 § 36.69.220. Prior: 1957 c 58 § 23.]
36.69.220
36.69.230 L.I.D.’s—Procedure when by petition—
Publication of notice of intent by either resolution or petition. If such local improvement district is initiated by petition, such petition shall set forth the nature and territorial
extent of the proposed improvement requested to be ordered
and the fact that the signers thereof are the owners (according
to the records of the county auditor) of at least fifty-one percent of the area of land within the limits of the local improvement district to be created. Upon the filing of such petition
the board of park and recreation commissioners shall determine whether it is sufficient, and the board’s determination
thereof shall be conclusive upon all persons. No person shall
withdraw his or her name from the petition after it has been
filed with the board. If the board shall find the petition to be
sufficient, it shall proceed to adopt a resolution declaring its
intention to order the improvement petitioned for, setting
forth the nature and territorial extent of said improvement,
designating the number of the proposed local district and
describing the boundaries thereof, stating the estimated cost
and expense of the improvement and the proportionate
amount thereof which will be borne by the property within
the proposed local district, and fixing a date, time and place
for a public hearing on the formation of the proposed local
district.
The resolution of intention, whether adopted on the initiative of the board or pursuant to a petition of the property
owners, shall be published in at least two consecutive issues
of a newspaper of general circulation in the proposed local
district, the date of the first publication to be at least fifteen
days prior to the date fixed by such resolution for hearing
before the board. [2009 c 549 § 4104; 1963 c 4 § 36.69.230.
Prior: 1957 c 58 § 24.]
36.69.230
36.69.240 L.I.D.’s—Notice—Contents. Notice of the
adoption of the resolution of intention shall be given each
owner or reputed owner of any lot, tract, parcel of land or
other property within the proposed improvement district by
mailing said notice at least fifteen days before the date fixed
36.69.240
(2010 Ed.)
36.69.270
for the public hearing to the owner or reputed owner of the
property as shown on the tax rolls of the county treasurer at
the address shown thereon. The notice shall refer to the resolution of intention and designate the proposed improvement
district by number. Said notice shall also set forth the nature
of the proposed improvement, the total estimated cost, the
proportion of total cost to be borne by assessments, the estimated amount of the cost and expense of such improvement
to be borne by the particular lot, tract or parcel, the date, time
and place of the hearing before the board of park and recreation commissioners; and in the case of improvements initiated by resolution, the notice shall also state that all persons
desiring to object to the formation of the proposed district
must file their written protests with the secretary of the board
before the time fixed for said public hearing. [1963 c 4 §
36.69.240. Prior: 1957 c 58 § 25.]
36.69.245 L.I.D.’s—Notice must contain statement
that assessments may vary from estimates. Any notice
given to the public or to the owners of specific lots, tracts, or
parcels of land relating to the formation of a local improvement district shall contain a statement that actual assessments
may vary from assessment estimates so long as they do not
exceed a figure equal to the increased true and fair value the
improvement adds to the property. [1989 c 243 § 4.]
36.69.245
36.69.250 L.I.D.’s—Public hearing—Inclusion,
exclusion of property. Whether the improvement is initiated
by petition or resolution, the board of park and recreation
commissioners shall conduct a public hearing at the time and
place designated in the notice to property owners. At this
hearing the board shall hear objections from any person
affected by the formation of the local district and may make
such changes in the boundaries of the district or such modifications in the plans for the proposed improvement as shall be
deemed necessary: PROVIDED, That the board may not
change the boundaries of the district to include or exclude
property not previously included or excluded without first
passing a new resolution of intention and giving a new notice
to property owners in the manner and form and within the
time herein provided for the original notice. [1963 c 4 §
36.69.250. Prior: 1957 c 58 § 26.]
36.69.250
36.69.260 L.I.D.’s—Protests—Procedure—Jurisdiction of board. After said hearing the board of park and recreation commissioners shall have jurisdiction to overrule protests and proceed with any such improvement initiated by
petition or resolution: PROVIDED, That the jurisdiction of
the board to proceed with any improvement initiated by resolution shall be divested by a protest filed with the secretary of
the board prior to said public hearing for the improvement
signed by the owners of the property within the proposed
local improvement district which is subject to sixty percent or
more of the cost of the improvement as shown and determined by the preliminary estimates and assessment roll of the
proposed improvement district. [1963 c 4 § 36.69.260. Prior:
1957 c 58 § 27.]
36.69.260
36.69.270 L.I.D.’s—Powers and duties of board upon
formation. If the board of park and recreation commission36.69.270
[Title 36 RCW—page 167]
36.69.280
Title 36 RCW: Counties
ers finds that the district should be formed, it shall by resolution order the improvement, adopt detailed plans of the local
improvement district and declare the estimated cost thereof,
acquire all necessary land therefor, pay all damages caused
thereby, and commence in the name of the park and recreation district such eminent domain proceedings as may be
necessary to entitle the district to proceed with the work. The
board shall thereupon proceed with the work and file with the
county treasurer its roll levying special assessments in the
amount to be paid by special assessment against the property
situated within the improvement district in proportion to the
special benefits to be derived by the property therein from the
improvement. [1963 c 4 § 36.69.270. Prior: 1957 c 58 § 28.]
36.69.280 L.I.D.’s—Assessment roll—Procedure for
approval—Objections. Before approval of the roll a notice
shall be published once a week for two consecutive weeks in
a newspaper of general circulation in the local district, stating
that the roll is on file and open to inspection in the office of
the secretary, and fixing the time, not less than fifteen or
more than thirty days from the date of the first publication of
the notice within which protests must be filed with the secretary against any assessments shown thereon, and fixing a
time when a hearing will be held by the board of park and recreation commissioners on the protests. Notice shall also be
given by mailing, at least fifteen days before the hearing, a
similar notice to the owners or reputed owners of the land in
the local district as they appear on the books of the treasurer
of the county in which the park and recreation district is
located. At the hearing, or any adjournment thereof, the commissioners may correct, change or modify the roll, or any part
thereof, or set aside the roll and order a new assessment, and
may then by resolution approve it. If an assessment is raised
a new notice similar to the first shall be given, after which
final approval of the roll may be made. When property has
been entered originally upon the roll and the assessment
thereon is not raised, no objection thereto shall be considered
by the commissioners or by any court on appeal unless the
objection is made in writing at, or prior, to the date fixed for
the original hearing upon the roll. [1963 c 4 § 36.69.280.
Prior: 1957 c 58 § 29.]
nal assessment was levied, and the total of the segregated
parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the
amount and date of the original assessment, and shall define
the boundaries of the divided parts and the amount of the
assessment chargeable to each part. A certified copy of the
resolution shall be delivered to the county treasurer who shall
proceed to make the segregation ordered upon being tendered
a fee of three dollars for each tract of land for which a segregation is to be made. In addition to such charge the board may
require as a condition to the order of segregation that the person seeking it pay the district the reasonable engineering and
clerical costs incident to making the segregation. [1963 c 4 §
36.69.300. Prior: 1957 c 58 § 31.]
36.69.280
36.69.290 L.I.D.’s—Segregation of assessments—
Power of board. Whenever any land against which there has
been levied any special assessment by any park and recreation district shall have been sold in part or subdivided, the
board of park and recreation commissioners of such district
shall have the power to order a segregation of the assessment.
[1963 c 4 § 36.69.290. Prior: 1957 c 58 § 30.]
36.69.305 L.I.D.’s—Acquisition of property subject
to unpaid or delinquent assessments by state or political
subdivision—Payment of lien or installments. See RCW
79.44.190.
36.69.305
36.69.310 Dissolution. Any park and recreation district
formed under the provisions of this chapter may be dissolved
in the manner provided in chapter 53.48 RCW, relating to
port districts.
In order to facilitate the dissolution of a park and recreation district, such a district may declare its intent to dissolve
and may name a successor taxing district. It may transfer any
lands, facilities, equipment, other interests in real or personal
property, or interests under contracts, leases, or similar agreements to the successor district, and may take all action necessary to enable the successor district to assume any indebtedness of the park and recreation district relating to the transferred property and interests. [2005 c 226 § 3; 1963 c 4 §
36.69.310. Prior: 1957 c 58 § 32.]
36.69.310
Application—Effective date—2005 c 226: See notes following RCW
35.61.290.
Alternative procedure for dissolution of special districts: Chapter 36.96
RCW.
36.69.320 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
36.69.320
36.69.290
36.69.300 L.I.D.’s—Segregation of assessments—
Procedure—Fee, charges. Any person desiring to have
such a special assessment against a tract of land segregated to
apply to smaller parts thereof shall apply to the board of park
and recreation commissioners of the park and recreation district which levied the assessment. If the board determines that
a segregation should be made, it shall by resolution order the
county treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall
be made as nearly as possible on the same basis as the origi-
36.69.350 Board authorized to contract indebtedness
and issue revenue bonds. The board of parks and recreation
commissioners is hereby authorized for the purpose of carrying out the lawful powers granted to park and recreation districts by the laws of the state to contract indebtedness and to
issue revenue bonds evidencing such indebtedness in conformity with this chapter. [1972 ex.s. c 94 § 3.]
36.69.350
36.69.300
[Title 36 RCW—page 168]
36.69.360 Revenue bonds—Authorized purposes.
All such revenue bonds authorized under the terms of this
chapter may be issued and sold by the district from time to
time and in such amounts as is deemed necessary by the
board of park and recreation commissioners of each district
to provide sufficient funds for the carrying out of all district
powers, without limiting the generality thereof, including the
following: Acquisition; construction; reconstruction; maintenance; repair; additions; operations of recreational facili36.69.360
(2010 Ed.)
Park and Recreation Districts
ties; parking facilities as a part of a recreational facility; and
any other district purpose from which revenues can be
derived. Included in the costs thereof shall be any necessary
engineering, inspection, accounting, fiscal, and legal
expenses, the cost of issuance of bonds, including printing,
engraving and advertising and other similar expenses, and the
proceeds of such bond issue are hereby made available for all
such purposes. [1972 ex.s. c 94 § 4.]
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
36.69.370
36.69.370 Revenue bonds—Issuance, form, seal, etc.
(1) When revenue bonds are issued for authorized purposes,
said bonds shall be either registered as to principal only or
principal and interest as provided in RCW 39.46.030 or shall
be bearer bonds; shall be in such denominations, shall be
numbered, shall bear such date, shall be payable at such time
or times up to a maximum period of not to exceed thirty years
and payable as determined by the park and recreation commissioners of the district; shall bear interest payable semiannually; shall be executed by the chair of the board of park and
recreation commissioners, and attested by the secretary of the
board, and the seal of such board shall be affixed to each
bond, but not to any coupon; and may have facsimile signatures of the chair and the secretary imprinted on any interest
coupons in lieu of original signatures.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [2009 c 549 § 4105; 1983 c 167 § 86; 1972 ex.s.
c 94 § 5.]
Additional notes found at www.leg.wa.gov
36.69.380
36.69.380 Resolution to authorize bonds—Contents.
Bonds issued under the provisions of this chapter shall be
payable solely out of the operating revenues of the park and
recreation district. Such bonds shall be authorized by resolution adopted by the board of park and recreation commissioners, which resolution shall create a special fund or funds into
which the board of park and recreation commissioners may
obligate and bind the district to set aside and pay any part or
parts of, or all of, or a fixed proportion of, or fixed amounts
of gross revenue received by the district from moneys for services or activities as stated in the resolution, for the purpose
of paying the principal of and interest on such bonds as the
same shall become due, and if deemed necessary to maintain
adequate reserves therefor. Such fund or funds shall be drawn
upon solely for the purpose of paying the principal and interest upon the bonds issued pursuant to this chapter.
The bonds shall be negotiable instruments within the
provision and intent of the negotiable instruments law of this
state, even though they shall be payable solely from such special fund or funds, and the tax revenue of the district may not
be used to pay, secure, or guarantee the payment of the principal of and interest on such bonds. The bonds and any coupons attached thereto shall state upon their face that they are
payable solely from such special fund or funds. If the county
fails to set aside and pay into such fund or funds, the payments provided for in such resolution, the owner of any such
(2010 Ed.)
36.69.400
bonds may bring suit to compel compliance with the provisions of the resolution. [1983 c 167 § 87; 1972 ex.s. c 94 § 6.]
Additional notes found at www.leg.wa.gov
36.69.390
36.69.390 Payment of bonds—Covenants—Enforcement. The board of park and recreation commissioners may
provide covenants as it may deem necessary to secure the
payment of the principal of and interest on such bonds and
may, but shall not be required to, include covenants to create
a reserve fund or account and to authorize the payment or
deposit of certain moneys therein for the purpose of securing
the payment of such principal and interest; to establish, maintain, and collect rates, charges, fees, rentals, and the like on
the facilities and service the income of which is pledged for
the payment of such bonds, sufficient to pay or secure the
payment of such principal and interest and to maintain an
adequate coverage over annual debt service; and to make any
and all other covenants not inconsistent with the provisions
of this chapter which will increase the marketability of such
bonds. The board may also provide that revenue bonds payable out of the same source or sources may later be sold on a
parity with any revenue bonds being issued and sold. The
provisions of this chapter and any resolution or resolutions
providing for the authorization, issuance, and sale of such
bonds shall constitute a contract with the owner of such
bonds, and the provisions thereof shall be enforceable by any
owner of such bonds by mandamus or any appropriate suit,
action or proceeding at law or in equity in any court of competent jurisdiction. [1983 c 167 § 88; 1972 ex.s. c 94 § 7.]
Additional notes found at www.leg.wa.gov
36.69.400
36.69.400 Funding, refunding bonds. (1) The board of
parks and recreation commissioners of any district may by
resolution, from time to time, provide for the issuance of
funding or refunding revenue bonds to fund or refund any
outstanding revenue bonds and any interest and premiums
due thereon at or before the maturity of such bonds, and parts
or all of various series and issues of outstanding revenue
bonds in the amount thereof to be funded or refunded.
The board shall create a special fund for the sole purpose
of paying the principal of and interest on such funding or
refunding revenue bonds, into which fund the board shall
obligate and bind the district to set aside and pay any part or
parts of, or all of, or a fixed proportion of, or a fixed amount
of the revenue of the recreational facility of the district sufficient to pay such principal and interest as the same shall
become due, and if deemed necessary to maintain adequate
reserves therefor.
Such funding or refunding bonds shall be negotiable
instruments within the provisions and intent of the negotiable
instruments law of this state, and the tax revenue of the district may not be used to pay, secure, or guarantee the payment
of the principal of and interest on such bonds. Such bonds
may be in any form, including bearer bonds or registered
bonds as provided in RCW 39.46.030.
The district may exchange such funding or refunding
bonds for the bonds, and any coupons being funded or
refunded, or it may sell such funding or refunding bonds in
the manner, at such price and at such rate or rates of interest
[Title 36 RCW—page 169]
36.69.410
Title 36 RCW: Counties
as the board shall deem to be for the best interest of the district and its inhabitants, either at public or private sale.
The provisions of this chapter relating to the terms, conditions, covenants, issuance, and sale of revenue bonds shall
be applicable to such funding or refunding bonds except as
may be otherwise specifically provided in this section.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 89; 1972 ex.s. c 94 § 8.]
Additional notes found at www.leg.wa.gov
36.69.410 Authority for issuance of bonds—Construction. This chapter shall be complete authority for the
issuance of the revenue bonds hereby authorized, and shall be
liberally construed to accomplish its purposes. Any restrictions, limitations or regulations relative to the issuance of
such revenue bonds contained in any other act shall not apply
to the bonds issued under this chapter. Any act inconsistent
herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only.
[1972 ex.s. c 94 § 9.]
36.69.410
36.69.420 Joint park and recreation district—Authorization. A park and recreation district may be formed
encompassing portions of two or more counties. Such a district shall be known as a joint park and recreation district and
shall have all powers and duties of a park and recreation district. The procedures established in this chapter for the formation of a park and recreation district shall be followed in the
formation of a joint park and recreation district except as otherwise provided by RCW 36.69.430, 36.69.440, and
36.69.450. [1979 ex.s. c 11 § 1.]
36.69.420
Additional notes found at www.leg.wa.gov
36.69.430 Joint park and recreation district—Formation—Petition. The formation of a joint park and recreation district shall be initiated by a petition as prescribed in
RCW 36.69.020. The petition shall be filed with the county
auditor of one of the counties within which a portion of the
proposed joint district is located. A copy of the petition shall
be filed with the county auditor of the other county or counties within which a portion of the proposed joint district is
located. The county auditors shall jointly certify the sufficiency or insufficiency of the petition to the legislative
authorities of the counties. [1979 ex.s. c 11 § 2.]
36.69.430
Additional notes found at www.leg.wa.gov
36.69.440 Joint park and recreation district—Formation—Hearing—Boundaries—Election. (1) If the petition filed under RCW 36.69.430 is found to contain a sufficient number of signatures, the legislative authority of each
county shall set a time for a hearing on the petition for the formation of a park and recreation district as prescribed in RCW
36.69.040.
(2) At the public hearing the legislative authority for
each county shall fix the boundaries for that portion of the
proposed park and recreation district that lies within the
county as provided in RCW 36.69.050. Each county shall
notify the other county or counties of the determination of the
boundaries within ten days.
36.69.440
[Title 36 RCW—page 170]
(3) If the territories created by the county legislative
authorities are not contiguous, a joint park and recreation district shall not be formed. If the territories are contiguous, the
county containing the portion of the proposed joint district
having the larger population shall determine the name of the
proposed joint district.
(4) The proposition for the formation of the proposed
joint park and recreation district shall be submitted to the voters of the district at the next general election, which election
shall be conducted as required by RCW 36.69.070 and
36.69.080. [1994 c 223 § 47; 1979 ex.s. c 11 § 3.]
Additional notes found at www.leg.wa.gov
36.69.450 Joint park and recreation district—Duties
of county officers. For all purposes essential to the maintenance, operation, and administration of a joint park and recreation district, including the apportionment of any funds, the
county in which a joint park and recreation district shall be
considered as belonging shall be the county containing the
largest population of the joint district. Whenever the laws
relating to park and recreation districts provide for an action
by a county officer, the action, if required to be performed on
behalf of a joint park and recreation district, shall be performed by the proper officer of the county to which the joint
district belongs, except as otherwise provided by law. This
delegation of authority extends but is not limited to:
(1) The declaration by the county legislative authority of
the election results, as required by RCW 36.69.080;
(2) The filing of declarations of candidacy with the
county auditor under RCW 36.69.090;
(3) The issuance of warrants by the county treasurer
under RCW 36.69.150;
(4) The duties of the county treasurer and auditor in the
establishment and operation of a local improvement district
under RCW 36.69.200, 36.69.220, 36.69.240, and 36.69.300.
If the local improvement district is located wholly within any
one of the participating counties, then the officers of that
county shall perform the duties relating to that local improvement district; and
(5) Receipt by the county treasurer of payments of revenue bonds under RCW 36.69.370. [1979 ex.s. c 11 § 4.]
36.69.450
Additional notes found at www.leg.wa.gov
36.69.460 Joint park and recreation district—Population determinations. Population determinations for the
purposes of RCW 36.69.440 and 36.69.450 shall be made by
the office of financial management. [1979 ex.s. c 11 § 5.]
36.69.460
Additional notes found at www.leg.wa.gov
36.69.500 Community athletics programs—Sex discrimination prohibited. The antidiscrimination provisions
of RCW 49.60.500 apply to community athletics programs
and facilities operated, conducted, or administered by a park
and recreation district. [2009 c 467 § 9.]
36.69.500
Findings—Declarations—2009 c 467: See note following RCW
49.60.500.
36.69.900 Short title. This chapter may be cited as the
"Recreation Districts Act for Counties." [1969 c 26 § 7; 1967
36.69.900
(2010 Ed.)
Planning Enabling Act
c 63 § 7; 1963 c 4 § 36.69.900. Prior: 1961 c 272 § 7; 1959 c
304 § 9; 1957 c 58 § 33.]
Chapter 36.70
Chapter 36.70 RCW
PLANNING ENABLING ACT
Sections
36.70.010
36.70.015
36.70.020
36.70.025
36.70.030
36.70.040
36.70.050
36.70.060
36.70.070
36.70.080
36.70.090
36.70.100
36.70.110
36.70.120
36.70.130
36.70.140
36.70.150
36.70.160
36.70.170
36.70.180
36.70.190
36.70.200
36.70.210
36.70.220
36.70.230
36.70.240
36.70.250
36.70.260
36.70.270
36.70.280
36.70.290
36.70.300
36.70.310
36.70.315
36.70.317
36.70.320
36.70.330
36.70.340
36.70.350
36.70.360
36.70.370
36.70.380
36.70.390
36.70.400
36.70.410
36.70.420
36.70.430
36.70.440
36.70.450
36.70.460
36.70.470
36.70.480
36.70.490
36.70.493
36.70.495
36.70.500
36.70.510
36.70.520
36.70.530
36.70.540
36.70.545
36.70.547
36.70.550
36.70.560
36.70.570
36.70.580
36.70.590
(2010 Ed.)
Purpose and intent.
Expenditure of funds declared public purpose.
Definitions.
"Solar energy system" defined.
Commission—Creation.
Department—Creation—Creation of commission to assist
department.
Authority for planning.
Regional planning commission—Appointment and powers.
Commission—Composition.
Commission—Appointment—County.
Commission—Membership—Terms—Existing commissions.
Commission—Vacancies.
Commission—Removal.
Commission—Officers.
Planning agency—Meetings.
Planning agency—Rules and records.
Planning agency—Joint meetings.
Director—Appointment.
Director—Employees.
Joint director.
Special services.
Board of adjustment—Creation—Zoning adjustor.
Board of adjustment—Membership—Quorum.
Board of adjustment—Appointment—Appointment of zoning
adjustor.
Board of adjustment—Terms.
Board of adjustment—Vacancies.
Board of adjustment—Removal.
Board of adjustment—Organization.
Board of adjustment—Meetings.
Board of adjustment—Rules and records.
Appropriation for planning agency, board of adjustment.
Accept gifts.
Conference and travel expenses—Commission members and
staff.
Public notice—Identification of affected property.
Statement of restrictions applicable to real property.
Comprehensive plan.
Comprehensive plan—Required elements.
Comprehensive plan—Amplification of required elements.
Comprehensive plan—Optional elements.
Comprehensive plan—Cooperation with affected agencies.
Comprehensive plan—Filing of copies.
Comprehensive plan—Public hearing required.
Comprehensive plan—Notice of hearing.
Comprehensive plan—Approval—Required vote—Record.
Comprehensive plan—Amendment.
Comprehensive plan—Referral to board.
Comprehensive plan—Board may initiate or change—Notice.
Comprehensive plan—Board may approve or change—
Notice.
Planning agency—Relating projects to comprehensive plan.
Planning agency—Annual report.
Planning agency—Promotion of public interest in plan.
Planning agency—Cooperation with agencies.
Information to be furnished agency.
Manufactured housing communities—Elimination of existing
community by county prohibited.
Planning regulations—Copies provided to county assessor.
Right of entry—Commission or planning staff.
Special referred matters—Reports.
Required submission of capital expenditure projects.
Relating capital expenditure projects to comprehensive plan.
Referral procedure—Reports.
Development regulations—Consistency with comprehensive
plan.
General aviation airports—Siting of incompatible uses.
Official controls.
Official controls—Forms of controls.
Official controls—Adoption.
Official controls—Public hearing by commission.
Official controls—Notice of hearing.
36.70.600
36.70.610
36.70.620
36.70.630
36.70.640
36.70.650
36.70.660
36.70.670
36.70.675
36.70.677
36.70.678
36.70.680
36.70.690
36.70.695
36.70.700
36.70.710
36.70.720
36.70.730
36.70.740
36.70.750
36.70.755
36.70.757
36.70.760
36.70.770
36.70.780
36.70.790
36.70.795
36.70.800
36.70.810
36.70.820
36.70.830
36.70.840
36.70.850
36.70.860
36.70.870
36.70.880
36.70.890
36.70.900
36.70.910
36.70.920
36.70.930
36.70.940
36.70.970
36.70.980
36.70.982
36.70.990
36.70.992
Chapter 36.70
Official controls—Recommendation to board—Required
vote.
Official controls—Reference to board.
Official controls—Action by board.
Official controls—Board to conduct hearing, adopt findings
prior to incorporating changes in recommended control.
Official controls—Board may initiate.
Board final authority.
Procedures for adoption of controls limited to planning matters.
Enforcement—Official controls.
Child care facilities—Review of need and demand—Adoption
of ordinances.
Accessory apartments.
Conditional and special use permit applications by parties
licensed or certified by the department of social and health
services or the department of corrections—Mediation prior
to appeal required.
Subdividing and platting.
County improvements.
Development regulations—Jurisdictions specified—Electric
vehicle infrastructure.
Planning agency—Time limit for report.
Final authority.
Prerequisite for zoning.
Text without map.
Zoning map—Progressive adoption.
Zoning—Types of regulations.
Residential care facilities—Review of need and demand—
Adoption of ordinances.
Family day-care provider’s home facility—County may not
prohibit in residential or commercial area—Conditions.
Establishing zones.
All regulations shall be uniform in each zone.
Classifying unmapped areas.
Interim zoning.
Moratoria, interim zoning controls—Public hearing—Limitation on length.
Procedural amendments—Zoning ordinance.
Board of adjustment—Authority.
Board of adjustment—Quasi judicial powers.
Board of adjustment—Appeals—Time limit.
Board of adjustment—Notice of time and place of hearing on
conditional permit.
Board of adjustment—Appeal—Notice of time and place.
Board of adjustment—Scope of authority on appeal.
Zoning adjustor—Powers and duties.
Zoning adjustor—Action final unless appealed.
Board of adjustment—Action final—Writs.
Inclusion of findings of fact.
Short title.
Duties and responsibilities imposed by other acts.
Chapter alternative method.
Elective adoption.
Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.
Conformance with chapter 43.97 RCW required.
Fish enhancement projects—County’s liability.
Treatment of residential structures occupied by persons with
handicaps.
Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by counties: RCW 64.04.130.
Adult family homes—Permitted use in residential and commercial zones:
RCW 70.128.175.
Alternative planning enabling act: Chapter 35.63 RCW.
Appearance of fairness doctrine—Application to local land use decisions:
RCW 42.36.010.
County, sewerage, water, and drainage systems as part of comprehensive
plan: Chapter 36.70 RCW.
Expediting completion of projects of statewide significance—Requirements
of agreements: RCW 43.157.020.
Joint operations by political subdivisions, deposit and control of funds:
RCW 43.09.285.
Unfit dwellings, buildings, and structures: Chapter 35.80 RCW.
[Title 36 RCW—page 171]
36.70.010
Title 36 RCW: Counties
36.70.010 Purpose and intent. The purpose and intent
of this chapter is to provide the authority for, and the procedures to be followed in, guiding and regulating the physical
development of a county or region through correlating both
public and private projects and coordinating their execution
with respect to all subject matters utilized in developing and
servicing land, all to the end of assuring the highest standards
of environment for living, and the operation of commerce,
industry, agriculture and recreation, and assuring maximum
economies and conserving the highest degree of public
health, safety, morals and welfare. [1963 c 4 § 36.70.010.
Prior: 1959 c 201 § 1.]
36.70.010
36.70.015 Expenditure of funds declared public purpose. Regional planning under the provisions of this chapter
is hereby declared to be a proper public purpose for the
expenditure of the funds of counties, school districts, public
utility districts, housing authorities, port districts, cities or
towns or any other public organization interested in regional
planning. [1963 c 4 § 36.70.015. Prior: 1961 c 232 § 6.]
36.70.015
36.70.020 Definitions. The following words or terms as
used in this chapter shall have the following meaning unless
a different meaning is clearly indicated by the context:
(1) "Approval by motion" is a means by which a board,
through other than by ordinance, approves and records recognition of a comprehensive plan or amendments thereto.
(2) "Board" means the board of county commissioners.
(3) "Certification" means the affixing on any map or by
adding to any document comprising all or any portion of a
comprehensive plan a record of the dates of action thereon by
the commission and by the board, together with the signatures of the officer or officers authorized by ordinance to so
sign.
(4) "Commission" means a county or regional planning
commission.
(5) "Commissioners" means members of a county or
regional planning commission.
(6) "Comprehensive plan" means the policies and proposals approved and recommended by the planning agency or
initiated by the board and approved by motion by the board
(a) as a beginning step in planning for the physical development of the county; (b) as the means for coordinating county
programs and services; (c) as a source of reference to aid in
developing, correlating, and coordinating official regulations
and controls; and (d) as a means for promoting the general
welfare. Such plan shall consist of the required elements set
forth in RCW 36.70.330 and may also include the optional
elements set forth in RCW 36.70.350 which shall serve as a
policy guide for the subsequent public and private development and official controls so as to present all proposed developments in a balanced and orderly relationship to existing
physical features and governmental functions.
(7) "Conditional use" means a use listed among those
classified in any given zone but permitted to locate only after
review by the board of adjustment, or zoning adjustor if there
be such, and the granting of a conditional use permit imposing such performance standards as will make the use compatible with other permitted uses in the same vicinity and zone
and assure against imposing excessive demands upon public
36.70.020
[Title 36 RCW—page 172]
utilities, provided the county ordinances specify the standards and criteria that shall be applied.
(8) "Department" means a planning department organized and functioning as any other department in any county.
(9) "Element" means one of the various categories of
subjects, each of which constitutes a component part of the
comprehensive plan.
(10) "Ex officio member" means a member of the commission who serves by virtue of his or her official position as
head of a department specified in the ordinance creating the
commission.
(11) "Official controls" means legislatively defined and
enacted policies, standards, precise detailed maps and other
criteria, all of which control the physical development of a
county or any part thereof or any detail thereof, and are the
means of translating into regulations and ordinances all or
any part of the general objectives of the comprehensive plan.
Such official controls may include, but are not limited to,
ordinances establishing zoning, subdivision control, platting,
and adoption of detailed maps.
(12) "Ordinance" means a legislative enactment by a
board; in this chapter the word, "ordinance", is synonymous
with the term "resolution", as representing a legislative enactment by a board of county commissioners.
(13) "Planning agency" means (a) a planning commission, together with its staff members, employees and consultants, or (b) a department organized and functioning as any
other department in any county government together with its
planning commission.
(14) "Variance." A variance is the means by which an
adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property,
which property, because of special circumstances applicable
to it, is deprived of privileges commonly enjoyed by other
properties in the same vicinity and zone and which adjustment remedies disparity in privileges. [2009 c 549 § 4106;
1963 c 4 § 36.70.020. Prior: 1959 c 201 § 2.]
36.70.025 "Solar energy system" defined. As used in
this chapter, "solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any
substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but
are not limited to, serving as a structural member or part of a
roof of a building or structure and serving as a window or
wall. [1979 ex.s. c 170 § 9.]
36.70.025
Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140.
Additional notes found at www.leg.wa.gov
36.70.030 Commission—Creation. By ordinance a
board may create a planning commission and provide for the
appointment by the commission of a director of planning.
[1963 c 4 § 36.70.030. Prior: 1959 c 201 § 3.]
36.70.030
(2010 Ed.)
Planning Enabling Act
36.70.040 Department—Creation—Creation of commission to assist department. By ordinance a board may, as
an alternative to and in lieu of the creation of a planning commission as provided in RCW 36.70.030, create a planning
department which shall be organized and function as any
other department of the county. When such department is created, the board shall also create a planning commission which
shall assist the planning department in carrying out its duties,
including assistance in the preparation and execution of the
comprehensive plan and recommendations to the department
for the adoption of official controls and/or amendments
thereto. To this end, the planning commission shall conduct
such hearings as are required by this chapter and shall make
findings and conclusions therefrom which shall be transmitted to the department which shall transmit the same on to the
board with such comments and recommendations it deems
necessary. [1963 c 4 § 36.70.040. Prior: 1959 c 201 § 4.]
36.70.040
36.70.050 Authority for planning. Upon the creation
of a planning agency as authorized in RCW 36.70.030 and
36.70.040, a county may engage in a planning program as
defined by this chapter. Two or more counties may jointly
engage in a planning program as defined herein for their combined areas. [1963 c 4 § 36.70.050. Prior: 1959 c 201 § 5.]
36.70.050
36.70.060 Regional planning commission—Appointment and powers. A county or a city may join with one or
more other counties, cities and towns, and/or with one or
more school districts, public utility districts, private utilities,
housing authorities, port districts, or any other private or public organizations interested in regional planning to form and
organize a regional planning commission and provide for the
administration of its affairs. Such regional planning commission may carry on a planning program involving the same
subjects and procedures provided by this chapter for planning
by counties, provided this authority shall not include enacting
official controls other than by the individual participating
municipal corporations. The authority to initiate a regional
planning program, define the boundaries of the regional planning district, specify the number, method of appointment and
terms of office of members of the regional planning commission and provide for allocating the cost of financing the work
shall be vested individually in the governing bodies of the
participating municipal corporations.
Any regional planning commission or municipal corporation participating in any regional planning district is authorized to receive grants-in-aid from, or enter into reasonable
agreement with any department or agency of the government
of the United States or of the state of Washington to arrange
for the receipt of federal funds and state funds for planning in
the interests of furthering the planning program. [1963 c 4 §
36.70.060. Prior: 1961 c 232 § 1; 1959 c 201 § 6.]
36.70.100
the membership of the commission is reduced to five, seven
or nine, whichever is the number specified by the county
ordinance under this chapter. Departments of a county may
be represented on the commission by the head of such departments as are designated in the ordinance creating the commission, who shall serve in an ex officio capacity, but such ex
officio members shall not exceed one of a five-member commission, two of a seven-member commission, or three of a
nine-member commission. At no time shall there be more
than three ex officio members serving on a commission:
PROVIDED FURTHER, That in lieu of one ex officio member, only, one employee of the county other than a department head may be appointed to serve as a member of the
commission. [1963 c 4 § 36.70.070. Prior: 1959 c 201 § 7.]
36.70.080 Commission—Appointment—County.
The members of a commission shall be appointed by the chair
of the board with the approval of a majority of the board:
PROVIDED, That each member of the board shall submit to
the chair a list of nominees residing in his or her commissioner district, and the chair shall make his or her appointments from such lists so that as nearly as mathematically possible, each commissioner district shall be equally represented
on the commission. [2009 c 549 § 4107; 1963 c 4 §
36.70.080. Prior: 1959 c 201 § 8.]
36.70.080
36.70.060
Commission as employer for retirement system purposes: RCW 41.40.010.
36.70.070 Commission—Composition. Whenever a
commission is created by a county, it shall consist of five,
seven, or nine members as may be provided by ordinance:
PROVIDED, That where a commission, on June 10, 1959, is
operating with more than nine members, no further appointments shall be made to fill vacancies for whatever cause until
36.70.070
(2010 Ed.)
36.70.090 Commission—Membership—Terms—
Existing commissions. When a commission is created after
June 10, 1959, the first terms of the members of the commission consisting of five, seven, and nine members, respectively, other than ex officio members, shall be as follows:
(1) For a five-member commission—one, shall be
appointed for one year; one, for two years; one, for three
years; and two, for four years.
(2) For a seven-member commission—one, shall be
appointed for one year; two, for two years; two, for three
years; and two, for four years.
(3) For a nine-member commission—two, shall be
appointed for one year; two, for two years; two, for three
years; and three, for four years.
Thereafter, the successors to the first member shall be
appointed for four year terms: PROVIDED, That where the
commission includes one ex officio member, the number of
appointive members first appointed for a four year term shall
be reduced by one; if there are to be two ex officio members,
the number of appointive members for the three year and four
year terms shall each be reduced by one; if there are to be
three ex officio members, the number of appointive members
for the four year term, the three year term, and the two year
term shall each be reduced by one. The term of an ex officio
member shall correspond to his or her official tenure: PROVIDED FURTHER, That where a commission, on the effective date of this chapter, is operating with members appointed
for longer than four year terms, such members shall serve out
the full term for which they were appointed, but their successors, if any, shall be appointed for four year terms. [2009 c
549 § 4108; 1963 c 4 § 36.70.090. Prior: 1959 c 201 § 9.]
36.70.090
36.70.100 Commission—Vacancies. Vacancies occurring for any reason other than the expiration of the term shall
36.70.100
[Title 36 RCW—page 173]
36.70.110
Title 36 RCW: Counties
be filled by appointment for the unexpired portion of the term
except if, on June 10, 1959, the unexpired portion of a term is
for more than four years the vacancy shall be filled for a
period of time that will obtain the maximum staggered terms,
but shall not exceed four years. Vacancies shall be filled from
the same commissioner district as that of the vacating member. [1963 c 4 § 36.70.100. Prior: 1959 c 201 § 10.]
36.70.110 Commission—Removal. After public hearing, any appointee member of a commission may be removed
by the chair of the board, with the approval of the board, for
inefficiency, neglect of duty, or malfeasance in office. [2009
c 549 § 4109; 1963 c 4 § 36.70.110. Prior: 1959 c 201 § 11.]
36.70.110
36.70.120 Commission—Officers. Each commission
shall elect its chair and vice chair from among the appointed
members. The commission shall appoint a secretary who
need not be a member of the commission. [2009 c 549 §
4110; 1963 c 4 § 36.70.120. Prior: 1959 c 201 § 12.]
36.70.120
36.70.130 Planning agency—Meetings. Each planning agency shall hold not less than one regular meeting in
each month: PROVIDED, That if no matters over which the
planning agency has jurisdiction are pending upon its calendar, a meeting may be canceled. [1963 c 4 § 36.70.130. Prior:
1959 c 201 § 13.]
36.70.130
36.70.140 Planning agency—Rules and records.
Each planning agency shall adopt rules for the transaction of
its business and shall keep a public record of its transactions,
findings, and determinations. [1963 c 4 § 36.70.140. Prior:
1959 c 201 § 14.]
36.70.140
planning program. [2009 c 549 § 4114; 1963 c 4 § 36.70.180.
Prior: 1959 c 201 § 18.]
36.70.190 Special services. Each planning agency, subject to the approval of the board, may employ or contract with
the planning consultants or other specialists for such services
as it requires. [1963 c 4 § 36.70.190. Prior: 1959 c 201 § 19.]
36.70.190
36.70.200 Board of adjustment—Creation—Zoning
adjustor. Whenever a board shall have created a planning
agency, it shall also by ordinance, coincident with the enactment of a zoning ordinance, create a board of adjustment, and
may establish the office of zoning adjustor: PROVIDED,
That any county that has prior to June 10, 1959, enacted a
zoning ordinance, shall, within ninety days thereof, create a
board of adjustment. [1963 c 4 § 36.70.200. Prior: 1959 c
201 § 20.]
36.70.200
36.70.210 Board of adjustment—Membership—
Quorum. A board of adjustment shall consist of five or
seven members as may be provided by ordinance, and a
majority of the members shall constitute a quorum for the
transaction of all business. [1965 ex.s. c 24 § 1; 1963 c 4 §
36.70.210. Prior: 1959 c 201 § 21.]
36.70.210
36.70.220 Board of adjustment—Appointment—
Appointment of zoning adjustor. The members of a board
of adjustment and the zoning adjustor shall be appointed in
the same manner as provided for the appointment of commissioners in RCW 36.70.080. One member of the board of
adjustment may be an appointee member of the commission.
[1963 c 4 § 36.70.220. Prior: 1959 c 201 § 22.]
36.70.220
36.70.230 Board of adjustment—Terms. If the board
of adjustment is to consist of three members, when it is first
appointed after June 10, 1959, the first terms shall be as follows: One shall be appointed for one year; one, for two
years; and one, for three years. If it consists of five members,
when it is first appointed after June 10, 1959, the first terms
shall be as follows: One shall be appointed for one year; one,
for two years; one, for three years; one, for four years; and
one, for six years. Thereafter the terms shall be for six years
and until their successors are appointed and qualified. [1963
c 4 § 36.70.230. Prior: 1959 c 201 § 23.]
36.70.230
36.70.150 Planning agency—Joint meetings. Two or
more county planning agencies in any combination may hold
joint meetings and by approval of their respective boards may
have the same chair. [2009 c 549 § 4111; 1963 c 4 §
36.70.150. Prior: 1959 c 201 § 15.]
36.70.150
36.70.160 Director—Appointment. If a director of
planning is provided for, he or she shall be appointed:
(1) By the commission when a commission is created
under RCW 36.70.030;
(2) If a planning department is established as provided in
RCW 36.70.040, then he or she shall be appointed by the
board. [2009 c 549 § 4112; 1963 c 4 § 36.70.160. Prior:
1959 c 201 § 16.]
36.70.160
36.70.170 Director—Employees. The director of planning shall be authorized to appoint such employees as are
necessary to perform the duties assigned to him or her within
the budget allowed. [2009 c 549 § 4113; 1963 c 4 §
36.70.170. Prior: 1959 c 201 § 17.]
36.70.170
36.70.180 Joint director. The boards of two or more
counties or the legislative bodies of other political subdivisions or special districts may jointly engage a single director
of planning and may authorize him or her to employ such
other personnel as may be necessary to carry out the joint
36.70.180
[Title 36 RCW—page 174]
36.70.240 Board of adjustment—Vacancies. Vacancies in the board of adjustment shall be filled by appointment
in the same manner in which the commissioners are
appointed in RCW 36.70.080. Appointment shall be for the
unexpired portion of the term. [1963 c 4 § 36.70.240. Prior:
1959 c 201 § 24.]
36.70.240
36.70.250 Board of adjustment—Removal. Any
member of the board of adjustment may be removed by the
chair of the board with the approval of the board for inefficiency, neglect of duty or malfeasance in office. [2009 c 549
§ 4115; 1963 c 4 § 36.70.250. Prior: 1959 c 201 § 25.]
36.70.250
36.70.260 Board of adjustment—Organization. The
board of adjustment shall elect a chair and vice chair from
36.70.260
(2010 Ed.)
Planning Enabling Act
among its members. The board of adjustment shall appoint a
secretary who need not be a member of the board. [2009 c
549 § 4116; 1963 c 4 § 36.70.260. Prior: 1959 c 201 § 26.]
36.70.320
description, vicinity sketch, or other reasonable means.
[1988 c 168 § 11.]
36.70.317 Statement of restrictions applicable to real
property. (1) A property owner may make a written request
for a statement of restrictions applicable to a single parcel,
tract, lot, or block of real property located in an unincorporated portion of a county to the county in which the real property is located.
(2) Within thirty days of the receipt of the request, the
county shall provide the owner, by registered mail, with a
statement of restrictions as described in subsection (3) of this
section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;
(c) Any designations made by the county pursuant to
chapter 36.70A RCW of any portion of the real property as
agricultural land, forest land, mineral resource land, wetland,
an area with a critical recharging effect on aquifers used for
potable water, a fish and wildlife habitat conservation area, a
frequently flooded area, and as a geological hazardous area;
and
(d) If information regarding the designations listed in (c)
of this subsection are not readily available, inform the owner
of the procedure by which the owner can obtain that site-specific information from the county.
(4) If a county fails to provide the statement of restrictions within thirty days after receipt of the written request, the
owner shall be awarded recovery of all attorneys’ fees and
costs incurred in any successful application for a writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person
holding the buyer’s interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i)
Containing a single-family residence that is occupied by the
owner or a member of his or her family, or rented to another
by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or
development rights.
Nothing in this section shall be deemed to create any liability on the part of a county. [1996 c 206 § 8.]
36.70.317
36.70.270 Board of adjustment—Meetings. The
board of adjustment shall hold not less than one regular meeting in each month of each year: PROVIDED, That if no
issues over which the board has jurisdiction are pending upon
its calendar, a meeting may be canceled. [1963 c 4 §
36.70.270. Prior: 1959 c 201 § 27.]
36.70.270
36.70.280 Board of adjustment—Rules and records.
The board of adjustment shall adopt rules for the transaction
of its business and shall keep a public record of its transactions, findings and determinations. [1963 c 4 § 36.70.280.
Prior: 1959 c 201 § 28.]
36.70.280
36.70.290 Appropriation for planning agency, board
of adjustment. The board shall provide the funds, equipment and accommodations necessary for the work of the
planning agency. Such appropriations may include funds for
joint ventures as set forth in RCW 36.70.180. The expenditures of the planning agency, exclusive of gifts, shall be
within the amounts appropriated for the respective purposes.
The provisions herein for financing the work of the planning
agencies shall also apply to the board of adjustment and the
zoning adjustor. [1963 c 4 § 36.70.290. Prior: 1959 c 201 §
29.]
36.70.290
36.70.300 Accept gifts. The planning agency of a
county may accept gifts in behalf of the county to finance any
planning work authorized by law. [1963 c 4 § 36.70.300.
Prior: 1959 c 201 § 30.]
36.70.300
36.70.310 Conference and travel expenses—Commission members and staff. Members of planning agencies
shall inform themselves on matter affecting the functions and
duties of planning agencies. For that purpose, and when
authorized, such members may attend planning conferences,
meetings of planning executives or of technical bodies; hearings on planning legislation or matters relating to the work of
the planning agency. The reasonable travel expenses, registration fees and other costs incident to such attendance at
such meetings and conferences shall be charges upon the
funds allocated to the planning agency. In addition, members
of a commission may also receive reasonable travel expenses
to and from their usual place of business to the place of a regular meeting of the commission. The planning agency may,
when authorized, pay dues for membership in organizations
specializing in the subject of planning. The planning agency
may, when authorized, subscribe to technical publications
pertaining to planning. [1963 c 4 § 36.70.310. Prior: 1959 c
201 § 31.]
36.70.310
36.70.315 Public notice—Identification of affected
property. Any notice made under chapter 36.70 RCW that
identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written
36.70.315
(2010 Ed.)
Findings—1996 c 206: See note following RCW 43.05.030.
Additional notes found at www.leg.wa.gov
36.70.320 Comprehensive plan. Each planning agency
shall prepare a comprehensive plan for the orderly physical
development of the county, or any portion thereof, and may
include any land outside its boundaries which, in the judgment of the planning agency, relates to planning for the
county. The plan shall be referred to as the comprehensive
plan, and, after hearings by the commission and approval by
motion of the board, shall be certified as the comprehensive
plan. Amendments or additions to the comprehensive plan
shall be similarly processed and certified.
36.70.320
[Title 36 RCW—page 175]
36.70.330
Title 36 RCW: Counties
Any comprehensive plan adopted for a portion of a
county shall not be deemed invalid on the ground that the
remainder of the county is not yet covered by a comprehensive plan. *This 1973 amendatory act shall also apply to comprehensive plans adopted for portions of a county prior to
April 24, 1973. [1973 1st ex.s. c 172 § 1; 1963 c 4 §
36.70.320. Prior: 1959 c 201 § 32.]
*Reviser’s note: "This 1973 amendatory act" refers to 1973 1st ex.s. c
172 § 1.
36.70.330 Comprehensive plan—Required elements.
The comprehensive plan shall consist of a map or maps, and
descriptive text covering objectives, principles and standards
used to develop it, and shall include each of the following elements:
(1) A land use element which designates the proposed
general distribution and general location and extent of the
uses of land for agriculture, housing, commerce, industry,
recreation, education, public buildings and lands, and other
categories of public and private use of land, including a statement of the standards of population density and building
intensity recommended for the various areas in the jurisdiction and estimates of future population growth in the area
covered by the comprehensive plan, all correlated with the
land use element of the comprehensive plan. The land use
element shall also provide for protection of the quality and
quantity of groundwater used for public water supplies and
shall review drainage, flooding, and storm water run-off in
the area and nearby jurisdictions and provide guidance for
corrective actions to mitigate or cleanse those discharges that
pollute Puget Sound or waters entering Puget Sound;
(2) A circulation element consisting of the general location, alignment and extent of major thoroughfares, major
transportation routes, trunk utility lines, and major terminal
facilities, all of which shall be correlated with the land use
element of the comprehensive plan;
(3) Any supporting maps, diagrams, charts, descriptive
material and reports necessary to explain and supplement the
above elements. [1985 c 126 § 3; 1984 c 253 § 3; 1963 c 4 §
36.70.330. Prior: 1959 c 201 § 33.]
36.70.330
36.70.340 Comprehensive plan—Amplification of
required elements. When the comprehensive plan containing the mandatory subjects as set forth in RCW 36.70.330
shall have been approved by motion by the board and certified, it may thereafter be progressively amplified and augmented in scope by expanding and increasing the general
provisions and proposals for all or any one of the required
elements set forth in RCW 36.70.330 and by adding provisions and proposals for the optional elements set forth in
RCW 36.70.350. The comprehensive plan may also be amplified and augmented in scope by progressively including more
completely planned areas consisting of natural homogeneous
communities, distinctive geographic areas, or other types of
districts having unified interests within the total area of the
county. In no case shall the comprehensive plan, whether in
its entirety or area by area or subject by subject be considered
to be other than in such form as to serve as a guide to the later
development and adoption of official controls. [1963 c 4 §
36.70.340. Prior: 1959 c 201 § 34.]
36.70.340
[Title 36 RCW—page 176]
36.70.350 Comprehensive plan—Optional elements.
A comprehensive plan may include—
(1) a conservation element for the conservation, development and utilization of natural resources, including water and
its hydraulic force, forests, water sheds, soils, rivers and other
waters, harbors, fisheries, wild life, minerals and other natural resources,
(2) a solar energy element for encouragement and protection of access to direct sunlight for solar energy systems,
(3) a recreation element showing a comprehensive system of areas and public sites for recreation, natural reservations, parks, parkways, beaches, playgrounds and other recreational areas, including their locations and proposed development,
(4) a transportation element showing a comprehensive
system of transportation, including general locations of
rights-of-way, terminals, viaducts and grade separations.
This element of the plan may also include port, harbor, aviation and related facilities,
(5) a transit element as a special phase of transportation,
showing proposed systems of rail transit lines, including
rapid transit in any form, and related facilities,
(6) a public services and facilities element showing general plans for sewerage, refuse disposal, drainage and local
utilities, and rights-of-way, easements and facilities for such
services,
(7) a public buildings element, showing general locations, design and arrangements of civic and community centers, and showing locations of public schools, libraries, police
and fire stations and all other public buildings,
(8) a housing element, consisting of surveys and reports
upon housing conditions and needs as a means of establishing
housing standards to be used as a guide in dealings with official controls related to land subdivision, zoning, traffic, and
other related matters,
(9) a renewal and/or redevelopment element comprising
surveys, locations, and reports for the elimination of slums
and other blighted areas and for community renewal and/or
redevelopment, including housing sites, business and industrial sites, public building sites and for other purposes authorized by law,
(10) a plan for financing a capital improvement program,
(11) as a part of a comprehensive plan the commission
may prepare, receive and approve additional elements and
studies dealing with other subjects which, in its judgment,
relate to the physical development of the county. [1979 ex.s.
c 170 § 10; 1963 c 4 § 36.70.350. Prior: 1959 c 201 § 35.]
36.70.350
"Solar energy system" defined: RCW 36.70.025.
Additional notes found at www.leg.wa.gov
36.70.360 Comprehensive plan—Cooperation with
affected agencies. During the formulation of the comprehensive plan, and especially in developing a specialized element of such comprehensive plan, the planning agency may
cooperate to the extent it deems necessary with such authorities, departments or agencies as may have jurisdiction over
the territory or facilities for which plans are being made, to
the end that maximum correlation and coordination of plans
may be secured and properly located sites for all public purposes may be indicated on the comprehensive plan. [1963 c
4 § 36.70.360. Prior: 1959 c 201 § 36.]
36.70.360
(2010 Ed.)
Planning Enabling Act
36.70.370 Comprehensive plan—Filing of copies.
Whenever a planning agency has developed a comprehensive
plan, or any addition or amendment thereto, covering any
land outside of the boundaries of the county as provided in
RCW 36.70.320, copies of any features of the comprehensive
plan extending into an adjoining jurisdiction shall for purposes of information be filed with such adjoining jurisdiction.
[1963 c 4 § 36.70.370. Prior: 1959 c 201 § 37.]
36.70.370
36.70.380 Comprehensive plan—Public hearing
required. Before approving all or any part of the comprehensive plan or any amendment, extension or addition
thereto, the commission shall hold at least one public hearing
and may hold additional hearings at the discretion of the commission. [1963 c 4 § 36.70.380. Prior: 1959 c 201 § 38.]
36.70.380
36.70.390 Comprehensive plan—Notice of hearing.
Notice of the time, place and purpose of any public hearing
shall be given by one publication in a newspaper of general
circulation in the county and in the official gazette, if any, of
the county, at least ten days before the hearing. [1963 c 4 §
36.70.390. Prior: 1959 c 201 § 39.]
36.70.390
36.70.400 Comprehensive plan—Approval—
Required vote—Record. The approval of the comprehensive plan, or of any amendment, extension or addition
thereto, shall be by the affirmative vote of not less than a
majority of the total members of the commission. Such
approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons for
its action and the motion shall refer expressly to the maps,
descriptive, and other matters intended by the commission to
constitute the plan or amendment, addition or extension
thereto. The indication of approval by the commission shall
be recorded on the map and descriptive matter by the signatures of the chair and the secretary of the commission and of
such others as the commission in its rules may designate.
[2009 c 549 § 4117; 1963 c 4 § 36.70.400. Prior: 1961 c 232
§ 2; 1959 c 201 § 40.]
36.70.400
36.70.410 Comprehensive plan—Amendment. When
changed conditions or further studies by the planning agency
indicate a need, the commission may amend, extend or add to
all or part of the comprehensive plan in the manner provided
herein for approval in the first instance. [1963 c 4 §
36.70.410. Prior: 1959 c 201 § 41.]
36.70.410
36.70.420 Comprehensive plan—Referral to board.
A copy of a comprehensive plan or any part, amendment,
extension of or addition thereto, together with the motion of
the planning agency approving the same, shall be transmitted
to the board for the purpose of being approved by motion and
certified as provided in this chapter. [1963 c 4 § 36.70.420.
Prior: 1959 c 201 § 42.]
36.70.420
36.70.460
ment or part thereof, or any change in or addition to such plan
or recommendation. The board shall first refer the proposed
plan, change or addition to the planning agency for a report
and recommendation. Before making a report and recommendation, the commission shall hold at least one public
hearing on the proposed plan, change or addition. Notice of
the time and place and purpose of the hearing shall be given
by one publication in a newspaper of general circulation in
the county and in the official gazette, if any, of the county, at
least ten days before the hearing. [1963 c 4 § 36.70.430.
Prior: 1959 c 201 § 43.]
36.70.440
36.70.440 Comprehensive plan—Board may
approve or change—Notice. After the receipt of the report
and recommendations of the planning agency on the matters
referred to in RCW 36.70.430, or after the lapse of the prescribed time for the rendering of such report and recommendation by the commission, the board may approve by motion
and certify such plan, change or addition without further reference to the commission: PROVIDED, That the plan,
change or addition conforms either to the proposal as initiated by the county or the recommendation thereon by the
commission: PROVIDED FURTHER, That if the planning
agency has failed to report within a ninety day period, the
board shall hold at least one public hearing on the proposed
plan, change or addition. Notice of the time, place and purpose of the hearing shall be given by one publication in a
newspaper of general circulation in the county and in the official gazette, if any, of the county, at least ten days before the
hearing. Thereafter, the board may proceed to approve by
motion and certify the proposed comprehensive plan or any
part, amendment or addition thereto. [1963 c 4 § 36.70.440.
Prior: 1959 c 201 § 44.]
36.70.450
36.70.450 Planning agency—Relating projects to
comprehensive plan. After a board has approved by motion
and certified all or parts of a comprehensive plan for a county
or for any part of a county, the planning agency shall use such
plan as the basic source of reference and as a guide in reporting upon or recommending any proposed project, public or
private, as to its purpose, location, form, alignment and timing. The report of the planning agency on any project shall
indicate wherein the proposed project does or does not conform to the purpose of the comprehensive plan and may
include proposals which, if effected, would make the project
conform. If the planning agency finds that a proposed project
reveals the justification or necessity for amending the comprehensive plan or any part of it, it may institute proceedings
to accomplish such amendment, and in its report to the board
on the project shall note that appropriate amendments to the
comprehensive plan, or part thereof, are being initiated.
[1963 c 4 § 36.70.450. Prior: 1959 c 201 § 45.]
36.70.460
36.70.430 Comprehensive plan—Board may initiate
or change—Notice. When it deems it to be for the public
interest, or when it considers a change in the recommendations of the planning agency to be necessary, the board may
initiate consideration of a comprehensive plan, or any ele36.70.430
(2010 Ed.)
36.70.460 Planning agency—Annual report. After all
or part of the comprehensive plan of a county has been
approved by motion and certified, the planning agency shall
render an annual report to the board on the status of the plan
and accomplishments thereunder. [1963 c 4 § 36.70.460.
Prior: 1959 c 201 § 46.]
[Title 36 RCW—page 177]
36.70.470
Title 36 RCW: Counties
36.70.470
36.70.470 Planning agency—Promotion of public
interest in plan. Each planning agency shall endeavor to
promote public interest in, and understanding of, the comprehensive plan and its purpose, and of the official controls
related to it. [1963 c 4 § 36.70.470. Prior: 1959 c 201 § 47.]
36.70.480
36.70.480 Planning agency—Cooperation with agencies. Each planning agency shall, to the extent it deems necessary, cooperate with officials and agencies, public utility
companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the
purpose of the comprehensive plan. [1963 c 4 § 36.70.480.
Prior: 1959 c 201 § 48.]
36.70.490
36.70.490 Information to be furnished agency. Upon
request, all public officials or agencies shall furnish to the
planning agency within a reasonable time such available
information as is required for the work of the planning
agency. [1963 c 4 § 36.70.490. Prior: 1959 c 201 § 49.]
36.70.520 Required submission of capital expenditure projects. At least five months before the end of each
fiscal year each county officer, department, board or commission and each governmental body whose jurisdiction lies
entirely within the county, except incorporated cities and
towns, whose functions include preparing and recommending
plans for, or constructing major public works, shall submit to
the respective planning agency a list of the proposed public
works being recommended for initiation or construction during the ensuing fiscal year. [1963 c 4 § 36.70.520. Prior:
1959 c 201 § 52.]
36.70.520
36.70.530 Relating capital expenditure projects to
comprehensive plan. The planning agency shall list all such
matters referred to in RCW 36.70.520 and shall prepare for
and submit a report to the board which report shall set forth
how each proposed project relates to all other proposed
projects on the list and to all features in the comprehensive
plan both as to location and timing. The planning agency
shall report to the board through the planning director if there
be such. [1963 c 4 § 36.70.530. Prior: 1959 c 201 § 53.]
36.70.530
36.70.493
36.70.493 Manufactured housing communities—
Elimination of existing community by county prohibited.
After June 10, 2004, a county may designate a manufactured
housing community as a nonconforming use, but may not
order the removal or phased elimination of an existing manufactured housing community because of its status as a nonconforming use. [2004 c 210 § 3.]
36.70.495
36.70.495 Planning regulations—Copies provided to
county assessor. By July 31, 1997, a county planning under
RCW 36.70A.040 shall provide to the county assessor a copy
of the county’s comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were
adopted before July 31st of each following year. [1996 c 254
§ 5.]
36.70.500
36.70.500 Right of entry—Commission or planning
staff. In the performance of their functions and duties, duly
authorized members of a commission or planning staff may
enter upon any land and make examinations and surveys:
PROVIDED, That such entries, examinations and surveys do
not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. [1963 c 4 §
36.70.500. Prior: 1959 c 201 § 50.]
36.70.540 Referral procedure—Reports. Whenever a
county legislative authority has approved by motion and certified all or part of a comprehensive plan, no road, square,
park or other public ground or open space shall be acquired
by dedication or otherwise and no public building or structure
shall be constructed or authorized to be constructed in the
area to which the comprehensive plan applies until its location, purpose and extent has been submitted to and reported
upon by the planning agency. The report by the planning
agency shall set forth the manner and the degree to which the
proposed project does or does not conform to the objectives
of the comprehensive plan. If final authority is vested by law
in some governmental officer or body other than the county
legislative authority, such officer or governmental body shall
report the project to the planning agency and the planning
agency shall render its report to such officer or governmental
body. In both cases the report of the planning agency shall be
advisory only. Failure of the planning agency to report on
such matter so referred to it within forty days or such longer
time as the county legislative authority or other governmental
officer or body may indicate, shall be deemed to be approval.
[1991 c 363 § 80; 1963 c 4 § 36.70.540. Prior: 1959 c 201 §
54.]
36.70.540
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.70.545 Development regulations—Consistency
with comprehensive plan. Beginning July 1, 1992, the
development regulations of each county that does not plan
under RCW 36.70A.040 shall not be inconsistent with the
county’s comprehensive plan. For the purposes of this section, "development regulations" has the same meaning as set
forth in RCW 36.70A.030. [1990 1st ex.s. c 17 § 24.]
36.70.545
36.70.510
36.70.510 Special referred matters—Reports. By
general or special rule the board creating a planning agency
may provide that other matters shall be referred to the planning agency before final action is taken thereupon by the
board or officer having final authority on the matter, and final
action thereon shall not be taken upon the matter so referred
until the planning agency has submitted its report within such
period of time as the board shall designate. In reporting upon
the matters referred to in this section the planning agency
may make such investigations, maps, reports and recommendations as it deems desirable. [1963 c 4 § 36.70.510. Prior:
1959 c 201 § 51.]
[Title 36 RCW—page 178]
Additional notes found at www.leg.wa.gov
36.70.547 General aviation airports—Siting of
incompatible uses. Every county, city, and town in which
there is located a general aviation airport that is operated for
36.70.547
(2010 Ed.)
Planning Enabling Act
the benefit of the general public, whether publicly owned or
privately owned public use, shall, through its comprehensive
plan and development regulations, discourage the siting of
incompatible uses adjacent to such general aviation airport.
Such plans and regulations may only be adopted or amended
after formal consultation with: Airport owners and managers, private airport operators, general aviation pilots, ports,
and the aviation division of the department of transportation.
All proposed and adopted plans and regulations shall be filed
with the aviation division of the department of transportation
within a reasonable time after release for public consideration
and comment. Each county, city, and town may obtain technical assistance from the aviation division of the department
of transportation to develop plans and regulations consistent
with this section.
Any additions or amendments to comprehensive plans or
development regulations required by this section may be
adopted during the normal course of land-use proceedings.
This section applies to every county, city, and town,
whether operating under chapter 35.63, 35A.63, 36.70, [or]
36.70A RCW, or under a charter. [1996 c 239 § 2.]
36.70.630
Additional notes found at www.leg.wa.gov
36.70.570 Official controls—Adoption. Official controls shall be adopted by ordinance and shall further the purpose and objectives of a comprehensive plan and parts
thereof. [1963 c 4 § 36.70.570. Prior: 1959 c 201 § 57.]
36.70.570
36.70.580 Official controls—Public hearing by commission. Before recommending an official control or amendment to the board for adoption, the commission shall hold at
least one public hearing. [1963 c 4 § 36.70.580. Prior: 1959
c 201 § 58.]
36.70.580
36.70.590 Official controls—Notice of hearing.
Notice of the time, place and purpose of the hearing shall be
given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the
county at least ten days before the hearing. The board may
prescribe additional methods for providing notice. [1963 c 4
§ 36.70.590. Prior: 1959 c 201 § 59.]
36.70.590
36.70.600 Official controls—Recommendation to
board—Required vote. The recommendation to the board
of any official control or amendments thereto by the planning
agency shall be by the affirmative vote of not less than a
majority of the total members of the commission. Such
approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons for
its action and the motion shall refer expressly to the maps,
descriptive and other matters intended by the commission to
constitute the plan, or amendment, addition or extension
thereto. The indication of approval by the commission shall
be recorded on the map and descriptive matter by the signatures of the chair and the secretary of the commission and of
such others as the commission in its rules may designate.
[2009 c 549 § 4118; 1963 c 4 § 36.70.600. Prior: 1961 c 232
§ 3; 1959 c 201 § 60.]
36.70.600
36.70.550 Official controls. From time to time, the
planning agency may, or if so requested by the board shall,
cause to be prepared official controls which, when adopted
by ordinance by the board, will further the objectives and
goals of the comprehensive plan. The planning agency may
also draft such regulations, programs and legislation as may,
in its judgment, be required to preserve the integrity of the
comprehensive plan and assure its systematic execution, and
the planning agency may recommend such plans, regulations,
programs and legislation to the board for adoption. [1963 c 4
§ 36.70.550. Prior: 1959 c 201 § 55.]
36.70.550
36.70.560 Official controls—Forms of controls. Official controls may include:
(1) Maps showing the exact boundaries of zones within
each of which separate controls over the type and degree of
permissible land uses are defined;
(2) Maps for streets showing the exact alignment, gradients, dimensions and other pertinent features, and including
specific controls with reference to protecting such accurately
defined future rights-of-way against encroachment by buildings, other physical structures or facilities;
(3) Maps for other public facilities, such as parks, playgrounds, civic centers, etc., showing exact location, size,
boundaries and other related features, including appropriate
regulations protecting such future sites against encroachment
by buildings and other physical structures or facilities;
(4) Specific regulations and controls pertaining to other
subjects incorporated in the comprehensive plan or establishing standards and procedures to be employed in land development including, but not limited to, subdividing of land and
the approval of land plats and the preservation of streets and
lands for other public purposes requiring future dedication or
acquisition and general design of physical improvements,
and the encouragement and protection of access to direct sunlight for solar energy systems. [1979 ex.s. c 170 § 11; 1963 c
4 § 36.70.560. Prior: 1959 c 201 § 56.]
36.70.560
"Solar energy system" defined: RCW 36.70.025.
(2010 Ed.)
36.70.610 Official controls—Reference to board. A
copy of any official control or amendment recommended
pursuant to RCW 36.70.550, 36.70.560, 36.70.570 and
36.70.580 shall be submitted to the board not later than fourteen days following the action by the commission and shall
be accompanied by the motion of the planning agency
approving the same, together with a statement setting forth
the factors considered at the hearing, and analysis of findings
considered by the commission to be controlling. [1963 c 4 §
36.70.610. Prior: 1961 c 232 § 4; 1959 c 201 § 61.]
36.70.610
36.70.620 Official controls—Action by board. Upon
receipt of any recommended official control or amendment
thereto, the board shall at its next regular public meeting set
the date for a public meeting where it may, by ordinance,
adopt or reject the official control or amendment. [1963 c 4
§ 36.70.620. Prior: 1959 c 201 § 62.]
36.70.620
36.70.630 Official controls—Board to conduct hearing, adopt findings prior to incorporating changes in recommended control. If after considering the matter at a public meeting as provided in RCW 36.70.620 the board deems a
36.70.630
[Title 36 RCW—page 179]
36.70.640
Title 36 RCW: Counties
change in the recommendations of the planning agency to be
necessary, the change shall not be incorporated in the recommended control until the board shall conduct its own public
hearing, giving notice thereof as provided in RCW
36.70.590, and it shall adopt its own findings of fact and
statement setting forth the factors considered at the hearing
and its own analysis of findings considered by it to be controlling. [1963 c 4 § 36.70.630. Prior: 1961 c 232 § 5; 1959
c 201 § 63.]
36.70.640 Official controls—Board may initiate.
When it deems it to be for the public interest, the board may
initiate consideration of an ordinance establishing an official
control, or amendments to an existing official control, including those specified in RCW 36.70.560. The board shall first
refer the proposed official control or amendment to the planning agency for report which shall, thereafter, be considered
and processed in the same manner as that set forth in RCW
36.70.630 regarding a change in the recommendation of the
planning agency. [1963 c 4 § 36.70.640. Prior: 1959 c 201 §
64.]
36.70.640
36.70.650 Board final authority. The report and recommendation by the planning agency, whether on a proposed
control initiated by it, whether on a matter referred back to it
by the board for further report, or whether on a matter initiated by the board, shall be advisory only and the final determination shall rest with the board. [1963 c 4 § 36.70.650.
Prior: 1959 c 201 § 65.]
36.70.650
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 6.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 36.70.675: See RCW 35.63.170.
36.70.677 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
this chapter shall comply with RCW 43.63A.215(3). [1993 c
478 § 10.]
36.70.677
36.70.678 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special
use permit application under this chapter that is requested by
a party that is licensed or certified by the department of social
and health services or the department of corrections is subject
to mediation under RCW 35.63.260 before an appeal may be
filed. [1998 c 119 § 3.]
36.70.678
36.70.680 Subdividing and platting. The planning
agency shall review all proposed land plats and subdivisions
and make recommendations to the board thereon with reference to approving, or recommending any modifications necessary to assure conformance to the general purposes of the
comprehensive plan and to standards and specifications
established by state law or local controls. [1963 c 4 §
36.70.680. Prior: 1959 c 201 § 68.]
36.70.680
36.70.660 Procedures for adoption of controls limited to planning matters. The provisions of this chapter
with references to the procedures to be followed in the adoption of official controls shall apply only to establishing official controls pertaining to subjects set forth in RCW
36.70.560. [1963 c 4 § 36.70.660. Prior: 1959 c 201 § 66.]
36.70.660
36.70.670 Enforcement—Official controls. The board
may determine and establish administrative rules and procedures for the application and enforcement of official controls,
and may assign or delegate such administrative functions,
powers and duties to such department or official as may be
appropriate. [1963 c 4 § 36.70.670. Prior: 1959 c 201 § 67.]
36.70.670
36.70.675 Child care facilities—Review of need and
demand—Adoption of ordinances. Each county that does
not provide for the siting of family day care homes in zones
that are designated for single family or other residential uses,
and for the siting of mini-day care centers and day care centers in zones that are designated for any residential or commercial uses, shall conduct a review of the need and demand
for child care facilities, including the cost of any conditional
or special use permit that may be required. The review shall
be completed by August 30, 1990. A copy of the findings,
conclusions, and recommendations resulting from the review
shall be sent to the *department of community development
by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
36.70.675
[Title 36 RCW—page 180]
36.70.690 County improvements. No county shall
improve any street or lay or authorize the laying of sewers or
connections or other improvements to be laid in any street
within any territory for which the board has adopted an official control in the form of precise street map or maps, until
the matter has been referred to the planning agency by the
department or official having jurisdiction for a report thereon
and a copy of the report has been filed with the department or
official making the reference unless one of the following conditions apply:
(1) The street has been accepted, opened, or has otherwise received legal status of a public street;
(2) It corresponds with and conforms to streets shown on
the official controls applicable to the subject;
(3) It corresponds with and conforms to streets shown on
a subdivision (land plat) approved by the board. [1963 c 4 §
36.70.690. Prior: 1959 c 201 § 69.]
36.70.690
36.70.695 Development regulations—Jurisdictions
specified—Electric vehicle infrastructure. (1) By July 1,
2010, the development regulations of any jurisdiction with a
population over six hundred thousand or with a state capitol
36.70.695
(2010 Ed.)
Planning Enabling Act
within its borders planning under this chapter must allow
electric vehicle infrastructure as a use in all areas within one
mile of Interstate 5, Interstate 90, Interstate 405, or state route
number 520, except those zoned for residential or resource
use or critical areas. A jurisdiction may adopt and apply
other development regulations that do not have the effect of
precluding the siting of electric vehicle infrastructure in areas
where that use is allowed.
(2) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction planning
under this chapter must allow electric vehicle infrastructure
as a use in all areas within one mile of Interstate 5, Interstate
90, Interstate 405, or state route number 520, except those
zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations
that do not have the effect of precluding the siting of electric
vehicle infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction planning
under this chapter must allow battery charging stations as a
use in all areas except those zoned for residential or resource
use or critical areas. A jurisdiction may adopt and apply
other development regulations that do not have the effect of
precluding the siting of electric vehicle infrastructure in areas
where that use is allowed.
(4) Counties are authorized to adopt incentive programs
to encourage the retrofitting of existing structures with the
electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area
ratio, and transferable development rights for use in urban
growth areas.
(5) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies
designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated
facility that will enable an electric vehicle with a swappable
battery to enter a drive lane and exchange the depleted battery
with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures,
machinery, and equipment necessary and integral to support
an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade
electrical outlet that allows for faster recharging of electric
vehicle batteries through higher power levels, which meets or
exceeds any standards, codes, and regulations set forth by
chapter 19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
(6) If federal funding for public investment in electric
vehicles, electric vehicle infrastructure, or alternative fuel
distribution infrastructure is not provided by February 1,
(2010 Ed.)
36.70.750
2010, subsection (1) of this section is null and void. [2009 c
459 § 11.]
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.
36.70.700
36.70.700 Planning agency—Time limit for report.
Failure of the planning agency to report on the matters
referred to in RCW 36.70.690 within forty days after the reference, or such longer period as may be designated by the
board, department or official making the reference, shall be
deemed to be approval of such matter. [1963 c 4 § 36.70.700.
Prior: 1959 c 201 § 70.]
36.70.710
36.70.710 Final authority. Reports and recommendations by the planning agency on all matters shall be advisory
only, and final determination shall rest with the administrative body, official, or the board whichever has authority to
decide under applicable law. [1963 c 4 § 36.70.710. Prior:
1959 c 201 § 71.]
36.70.720
36.70.720 Prerequisite for zoning. Zoning maps as an
official control may be adopted only for areas covered by a
comprehensive plan containing not less than a land use element and a circulation element. Zoning ordinances and maps
adopted prior to June 10, 1959, are hereby validated, provided only that at the time of their enactment the comprehensive plan for the county existed according to law applicable at
that time. [1963 c 4 § 36.70.720. Prior: 1959 c 201 § 72.]
36.70.730 Text without map. The text of a zoning
ordinance may be prepared and adopted in the absence of a
comprehensive plan providing no zoning map or portion of a
zoning map may be adopted thereunder until there has been
compliance with the provisions of RCW 36.70.720. [1963 c
4 § 36.70.730. Prior: 1959 c 201 § 73.]
36.70.730
36.70.740 Zoning map—Progressive adoption.
Because of practical considerations, the total area of a county
to be brought under the control of zoning may be divided into
areas possessing geographical, topographical or urban identity and such divisions may be progressively and separately
officially mapped. [1963 c 4 § 36.70.740. Prior: 1959 c 201
§ 74.]
36.70.740
36.70.750
36.70.750 Zoning—Types of regulations. Any board,
by ordinance, may establish classifications, within each of
which, specific controls are identified, and which will:
(1) Regulate the use of buildings, structures, and land as
between agriculture, industry, business, residence, and other
purposes;
(2) Regulate location, height, bulk, number of stories and
size of buildings and structures; the size of yards, courts, and
other open spaces; the density of population; the percentage
of a lot which may be occupied by buildings and structures;
and the area required to provide off-street facilities for the
parking of motor vehicles. [1963 c 4 § 36.70.750. Prior:
1959 c 201 § 75.]
[Title 36 RCW—page 181]
36.70.755
Title 36 RCW: Counties
36.70.755 Residential care facilities—Review of need
and demand—Adoption of ordinances. Each county that
does not provide for the siting of residential care facilities in
zones that are designated for single family or other residential
uses, shall conduct a review of the need and demand for the
facilities, including the cost of any conditional or special use
permit that may be required. The review shall be completed
by August 30, 1990. A copy of the findings, conclusions, and
recommendations resulting from the review shall be sent to
the *department of community development by September
30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 38.]
36.70.755
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
36.70.757 Family day-care provider’s home facility—County may not prohibit in residential or commercial area—Conditions. (1) Except as provided in subsections (2) and (3) of this section, no county may enact, enforce,
or maintain an ordinance, development regulation, zoning
regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in
an area zoned for residential or commercial use, as a family
day-care provider’s facility serving twelve or fewer children.
(2) A county may require that the facility: (a) Comply
with all building, fire, safety, health code, and business
licensing requirements; (b) conform to lot size, building size,
setbacks, and lot coverage standards applicable to the zoning
district except if the structure is a legal nonconforming structure; (c) is certified by the department of early learning licensor as providing a safe passenger loading area; (d) include
signage, if any, that conforms to applicable regulations; and
(e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for
persons who use family day-care who work a nonstandard
work shift.
(3) A county may also require that the family day-care
provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and
maintain such a facility. If a dispute arises between neighbors and the day-care provider over licensing requirements,
the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a
county from imposing zoning conditions on the establishment and maintenance of a family day-care provider’s home
serving twelve or fewer children in an area zoned for residential or commercial use, if the conditions are no more restrictive than conditions imposed on other residential dwellings in
the same zone and the establishment of such facilities is not
precluded. As used in this section, "family day-care pro36.70.757
[Title 36 RCW—page 182]
vider" is as defined in RCW 43.215.010. [2007 c 17 § 12;
2003 c 286 § 2.]
36.70.760 Establishing zones. For the purpose set forth
in RCW 36.70.750 the county may divide a county, or portions thereof, into zones which, by number, shape, area and
classification are deemed to be best suited to carry out the
purposes of this chapter. [1963 c 4 § 36.70.760. Prior: 1959
c 201 § 76.]
36.70.760
36.70.770 All regulations shall be uniform in each
zone. All regulations shall be uniform in each zone, but the
regulations in one zone may differ from those in other zones.
[1963 c 4 § 36.70.770. Prior: 1959 c 201 § 77.]
36.70.770
36.70.780 Classifying unmapped areas. After the
adoption of the first map provided for in RCW 36.70.740,
and pending the time that all property within a county can be
precisely zoned through the medium of a zoning map, all
properties not so precisely zoned by map shall be given a
classification affording said properties such broad protective
controls as may be deemed appropriate and necessary to
serve public and private interests. Such controls shall be
clearly set forth in the zoning ordinance in the form of a zone
classification, and such classification shall apply to such
areas until they shall have been included in the detailed zoning map in the manner provided for the adoption of a zoning
map. [1963 c 4 § 36.70.780. Prior: 1959 c 201 § 78.]
36.70.780
36.70.790 Interim zoning. If the planning agency in
good faith, is conducting or intends to conduct studies within
a reasonable time for the purpose of, or is holding a hearing
for the purpose of, or has held a hearing and has recommended to the board the adoption of any zoning map or
amendment or addition thereto, or in the event that new territory for which no zoning may have been adopted as set forth
in RCW 36.70.800 may be annexed to a county, the board, in
order to protect the public safety, health and general welfare
may, after report from the commission, adopt as an emergency measure a temporary interim zoning map the purpose
of which shall be to so classify or regulate uses and related
matters as constitute the emergency. [1963 c 4 § 36.70.790.
Prior: 1959 c 201 § 79.]
36.70.790
36.70.795 Moratoria, interim zoning controls—Public hearing—Limitation on length. A board that adopts a
moratorium, interim zoning map, interim zoning ordinance,
or interim official control without holding a public hearing on
the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public
hearing on the adopted moratorium, interim zoning map,
interim zoning ordinance, or interim official control within at
least sixty days of its adoption, whether or not the board
received a recommendation on the matter from the commission or department. If the board does not adopt findings of
fact justifying its action before this hearing, then the board
shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or
interim official control adopted under this section may be
effective for not longer than six months, but may be effective
36.70.795
(2010 Ed.)
Planning Enabling Act
for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim
zoning map, interim zoning ordinance, or interim official
control may be renewed for one or more six-month periods if
a subsequent public hearing is held and findings of fact are
made prior to each renewal. [1992 c 207 § 4.]
36.70.800 Procedural amendments—Zoning ordinance. An amendment to the text of a zoning ordinance
which does not impose, remove or modify any regulation
theretofore existing and affecting the zoning status of land
shall be processed in the same manner prescribed by this
chapter for the adoption of an official control except that no
public hearing shall be required either by the commission or
the board. [1963 c 4 § 36.70.800. Prior: 1959 c 201 § 80.]
36.70.800
36.70.880
date of the action being appealed. [1963 c 4 § 36.70.830.
Prior: 1959 c 201 § 83.]
36.70.840
36.70.840 Board of adjustment—Notice of time and
place of hearing on conditional permit. Upon the filing of
an application for a conditional use permit or a variance as set
forth in RCW 36.70.810, the board of adjustment shall set the
time and place for a public hearing on such matter, and written notice thereof shall be addressed through the United
States mail to all property owners of record within a radius of
three hundred feet of the exterior boundaries of subject property. The written notice shall be mailed not less than twelve
days prior to the hearing. [1963 c 4 § 36.70.840. Prior: 1959
c 201 § 84.]
36.70.850
36.70.810 Board of adjustment—Authority. The
board of adjustment, subject to appropriate conditions and
safeguards as provided by the zoning ordinance or the ordinance establishing the board of adjustment, if there be such,
shall hear and decide:
(1) Applications for conditional uses or other permits
when the zoning ordinance sets forth the specific uses to be
made subject to conditional use permits and establishes criteria for determining the conditions to be imposed;
(2) Application for variances from the terms of the zoning ordinance: PROVIDED, That any variance granted shall
be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated, and that the following circumstances are found to apply;
(a) because of special circumstances applicable to subject property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is
found to deprive subject property of rights and privileges
enjoyed by other properties in the vicinity and under identical
zone classification;
(b) that the granting of the variance will not be materially
detrimental to the public welfare or injurious to the property
or improvements in the vicinity and zone in which subject
property is situated.
(3) Appeals, where it is alleged by the applicant that
there is error in any order, requirement, permit, decision, or
determination made by an administrative official in the
administration or enforcement of this chapter or any ordinance adopted pursuant to it. [1963 c 4 § 36.70.810. Prior:
1959 c 201 § 81.]
36.70.810
36.70.820 Board of adjustment—Quasi judicial powers. The board of adjustment may also exercise such other
quasi judicial powers as may be granted by county ordinance.
[1963 c 4 § 36.70.820. Prior: 1959 c 201 § 82.]
36.70.820
36.70.830 Board of adjustment—Appeals—Time
limit. Appeals may be taken to the board of adjustment by
any person aggrieved, or by any officer, department, board or
bureau of the county affected by any decision of an administrative official. Such appeals shall be filed in writing in duplicate with the board of adjustment within twenty days of the
36.70.830
(2010 Ed.)
36.70.850 Board of adjustment—Appeal—Notice of
time and place. Upon the filing of an appeal from an administrative determination, or from the action of the zoning
adjustor, the board of adjustment shall set the time and place
at which the matter will be considered. At least a ten day
notice of such time and place together with one copy of the
written appeal, shall be given to the official whose decision is
being appealed. At least ten days notice of the time and place
shall also be given to the adverse parties of record in the case.
The officer from whom the appeal is being taken shall forthwith transmit to the board of adjustment all of the records
pertaining to the decision being appealed from, together with
such additional written report as he or she deems pertinent.
[2009 c 549 § 4119; 1963 c 4 § 36.70.850. Prior: 1959 c 201
§ 85.]
36.70.860 Board of adjustment—Scope of authority
on appeal. In exercising the powers granted by RCW
36.70.810 and 36.70.820, the board of adjustment may, in
conformity with this chapter, reverse or affirm, wholly or in
part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to
that end, shall have all the powers of the officer from whom
the appeal is taken, insofar as the decision on the particular
issue is concerned. [1963 c 4 § 36.70.860. Prior: 1959 c 201
§ 86.]
36.70.860
36.70.870
36.70.870 Zoning adjustor—Powers and duties. If
the office of zoning adjustor is established as provided in this
chapter, all of the provisions of this chapter defining the powers, duties, and procedures of the board of adjustment shall
also apply to the zoning adjustor. [1963 c 4 § 36.70.870.
Prior: 1959 c 201 § 87.]
36.70.880 Zoning adjustor—Action final unless
appealed. The action by the zoning adjustor on all matters
coming before him or her shall be final and conclusive unless
within ten days after the zoning adjustor has made his or her
order, requirement, decision or determination, an appeal in
writing is filed with the board of adjustment. Such an appeal
may be taken by the original applicant, or by opponents of
record in the case. [2009 c 549 § 4120; 1963 c 4 § 36.70.880.
Prior: 1959 c 201 § 88.]
36.70.880
[Title 36 RCW—page 183]
36.70.890
Title 36 RCW: Counties
36.70.890 Board of adjustment—Action final—
Writs. The action by the board of adjustment on an application for a conditional use permit or a variance, or on an appeal
from the decision of the zoning adjustor or an administrative
officer shall be final and conclusive unless within ten days
from the date of said action the original applicant or an
adverse party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition or a writ
of mandamus. [1963 c 4 § 36.70.890. Prior: 1959 c 201 §
89.]
36.70.890
36.70.900 Inclusion of findings of fact. Both the board
of adjustment and the zoning adjustor shall, in making an
order, requirement, decision or determination, include in a
written record of the case the findings of fact upon which the
action is based. [1963 c 4 § 36.70.900. Prior: 1959 c 201 §
90.]
36.70.900
36.70.910 Short title. This chapter shall be known as
the "Planning Enabling Act of the State of Washington".
[1963 c 4 § 36.70.910. Prior: 1959 c 201 § 91.]
36.70.910
36.70.920 Duties and responsibilities imposed by
other acts. Any duties and responsibilities which by other
acts are imposed upon a planning commission shall, after
June 10, 1959, be performed by a planning agency however
constituted. [1963 c 4 § 36.70.920. Prior: 1959 c 201 § 92.]
36.70.920
36.70.930 Chapter alternative method. This chapter
shall not repeal, amend, or modify any other law providing
for planning methods but shall be deemed an alternative
method providing for such purpose. [1963 c 4 § 36.70.930.
Prior: 1959 c 201 § 93.]
36.70.930
36.70.940 Elective adoption. Any county or counties
presently operating under the provisions of chapter 35.63
RCW may elect to operate henceforth under the provisions of
this chapter. Such election shall be effected by the adoption
of an ordinance under the procedure prescribed by RCW
36.32.120(7), and by compliance with the provisions of this
chapter. [1963 c 4 § 36.70.940. Prior: 1959 c 201 § 94.]
36.70.940
36.70.970 Hearing examiner system—Adoption
authorized—Alternative—Functions—Procedures. (1)
As an alternative to those provisions of this chapter relating
to powers or duties of the planning commission to hear and
issue recommendations on applications for plat approval and
applications for amendments to the zoning ordinance, the
county legislative authority may adopt a hearing examiner
system under which a hearing examiner or hearing examiners
may hear and issue decisions on proposals for plat approval
and for amendments to the zoning ordinance when the
amendment which is applied for is not of general applicability. In addition, the legislative authority may vest in a hearing
examiner the power to hear and decide those issues it believes
should be reviewed and decided by a hearing examiner,
including but not limited to:
(a) Applications for conditional uses, variances, shoreline permits, or any other class of applications for or pertaining to development of land or land use;
36.70.970
[Title 36 RCW—page 184]
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative authority shall prescribe procedures to be
followed by a hearing examiner.
Any county which vests in a hearing examiner the
authority to hear and decide conditional uses and variances
shall not be required to have a zoning adjuster or board of
adjustment.
(2) Each county legislative authority electing to use a
hearing examiner pursuant to this section shall by ordinance
specify the legal effect of the decisions made by the examiner. Such legal effect may vary for the different classes of
applications decided by the examiner but shall include one of
the following:
(a) The decision may be given the effect of a recommendation to the legislative authority;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the
legislative authority; or
(c) Except in the case of a rezone, the decision may be
given the effect of a final decision of the legislative authority.
(3) Each final decision of a hearing examiner shall be in
writing and shall include findings and conclusions, based on
the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision
would carry out and conform to the county’s comprehensive
plan and the county’s development regulations. Each final
decision of a hearing examiner, unless a longer period is
mutually agreed to in writing by the applicant and the hearing
examiner, shall be rendered within ten working days following conclusion of all testimony and hearings. [1995 c 347 §
425; 1994 c 257 § 9; 1977 ex.s. c 213 § 3.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
36.70.980 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by a
county or city pursuant to this chapter shall be subject to and
in conformity with the requirements of chapter 43.97 RCW,
including the Interstate Compact adopted by RCW
43.97.015, and with the management plan regulations and
ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 9.]
36.70.980
36.70.982 Fish enhancement projects—County’s liability. A county is not liable for adverse impacts resulting
from a fish enhancement project that meets the criteria of
*RCW 77.55.290 and has been permitted by the department
of fish and wildlife. [2003 c 39 § 19; 1998 c 249 § 8.]
36.70.982
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
36.70.990 Treatment of residential structures occupied by persons with handicaps. No county may enact or
36.70.990
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice
which treats a residential structure occupied by persons with
handicaps differently than a similar residential structure
occupied by a family or other unrelated individuals. As used
in this section, "handicaps" are as defined in the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[1993 c 478 § 22.]
36.70.992 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement project meeting the criteria of *RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of *RCW 77.55.290. [2003 c 39 § 20; 1998 c
249 § 7; 1995 c 378 § 10.]
36.70.992
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
Chapter 36.70A RCW
GROWTH MANAGEMENT—PLANNING BY
SELECTED COUNTIES AND CITIES
Chapter 36.70A
Sections
36.70A.010
36.70A.011
36.70A.020
36.70A.030
36.70A.035
36.70A.040
36.70A.045
36.70A.050
36.70A.060
36.70A.070
36.70A.080
36.70A.085
36.70A.090
36.70A.100
36.70A.103
36.70A.106
36.70A.108
36.70A.110
36.70A.115
36.70A.120
36.70A.130
36.70A.131
36.70A.140
36.70A.150
36.70A.160
36.70A.165
36.70A.170
36.70A.171
36.70A.172
36.70A.175
36.70A.177
36.70A.180
(2010 Ed.)
Legislative findings.
Findings—Rural lands.
Planning goals.
Definitions.
Public participation—Notice provisions.
Who must plan—Summary of requirements—Development
regulations must implement comprehensive plans.
Phasing of comprehensive plan submittal.
Guidelines to classify agriculture, forest, and mineral lands
and critical areas.
Natural resource lands and critical areas—Development regulations.
Comprehensive plans—Mandatory elements.
Comprehensive plans—Optional elements.
Comprehensive plans—Port elements.
Comprehensive plans—Innovative techniques.
Comprehensive plans—Must be coordinated.
State agencies required to comply with comprehensive plans.
Comprehensive plans—Development regulations—Transmittal to state—Amendments—Expedited review.
Comprehensive plans—Transportation element—Multimodal transportation improvements and strategies.
Comprehensive plans—Urban growth areas.
Comprehensive plans and development regulations must provide sufficient land capacity for development.
Planning activities and capital budget decisions—Implementation in conformity with comprehensive plan.
Comprehensive plans—Review procedures and schedules—
Amendments.
Mineral resource lands—Review of related designations and
development regulations.
Comprehensive plans—Ensure public participation.
Identification of lands useful for public purposes.
Identification of open space corridors—Purchase authorized.
Property designated as greenbelt or open space—Not subject
to adverse possession.
Natural resource lands and critical areas—Designations.
Playing fields—Compliance with this chapter.
Critical areas—Designation and protection—Best available
science to be used.
Wetlands to be delineated in accordance with manual.
Agricultural lands—Innovative zoning techniques—Accessory uses.
Report on planning progress.
Chapter 36.70A
36.70A.190
Technical assistance, procedural criteria, grants, and mediation services.
36.70A.200 Siting of essential public facilities—Limitation on liability.
36.70A.210 Countywide planning policies.
36.70A.215 Review and evaluation program.
36.70A.250 Growth management hearings board—Creation—Members.
36.70A.252 Growth management hearings board—Consolidation into
environmental and land use hearings office.
36.70A.260 Growth management hearings board—Regional panels.
36.70A.270 Growth management hearings board—Conduct, procedure,
and compensation.
36.70A.280 Growth management hearings board—Matters subject to
review.
36.70A.290 Growth management hearings board—Petitions—Evidence.
36.70A.295 Growth management hearings board—Direct judicial review.
36.70A.300 Final orders.
36.70A.302 Growth management hearings board—Determination of
invalidity—Vesting of development permits—Interim
controls.
36.70A.305 Expedited review.
36.70A.310 Growth management hearings board—Limitations on appeal
by the state.
36.70A.320 Presumption of validity—Burden of proof—Plans and regulations.
36.70A.3201 Growth management hearings board—Legislative intent and
finding.
36.70A.330 Noncompliance.
36.70A.335 Order of invalidity issued before July 27, 1997.
36.70A.340 Noncompliance and sanctions.
36.70A.345 Sanctions.
36.70A.350 New fully contained communities.
36.70A.360 Master planned resorts.
36.70A.362 Master planned resorts—Existing resort may be included.
36.70A.365 Major industrial developments.
36.70A.367 Major industrial developments—Master planned locations.
36.70A.368 Major industrial developments—Master planned locations—
Reclaimed surface coal mine sites.
36.70A.370 Protection of private property.
36.70A.380 Extension of designation date.
36.70A.385 Environmental planning pilot projects.
36.70A.390 Moratoria, interim zoning controls—Public hearing—Limitation on length—Exceptions.
36.70A.400 Accessory apartments.
36.70A.410 Treatment of residential structures occupied by persons with
handicaps.
36.70A.420 Transportation projects—Findings—Intent.
36.70A.430 Transportation projects—Collaborative review process.
36.70A.450 Family day-care provider’s home facility—County or city
may not prohibit in residential or commercial area—Conditions.
36.70A.460 Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
36.70A.470 Project review—Amendment suggestion procedure—Definitions.
36.70A.480 Shorelines of the state.
36.70A.481 Construction—Chapter 347, Laws of 1995.
36.70A.490 Growth management planning and environmental review
fund—Established.
36.70A.500 Growth management planning and environmental review
fund—Awarding of grants—Procedures.
36.70A.510 General aviation airports.
36.70A.520 National historic towns—Designation.
36.70A.530 Land use development incompatible with military installation not allowed—Revision of comprehensive plans and
development regulations.
36.70A.540 Affordable housing incentive programs—Low-income housing units.
36.70A.550 Aquifer conservation zones.
36.70A.560 Viability of agricultural lands—Deferral requirements—Definition.
36.70A.5601 Viability of agricultural lands—Ruckelshaus Center examination, report.
36.70A.570 Regulation of forest practices.
36.70A.580 Climate change mitigation—Advisory methodologies, computer programs, and estimates—Vehicle miles traveled.
36.70A.5801 Global warming mitigation and adaptation program—
Report.
36.70A.695 Development regulations—Jurisdictions specified—Electric
vehicle infrastructure.
36.70A.800 Role of growth strategies commission.
36.70A.900 Severability—1990 1st ex.s. c 17.
36.70A.901 Part, section headings not law—1990 1st ex.s. c 17.
36.70A.902 Section headings not law—1991 sp.s. c 32.
36.70A.903 Transfer of powers, duties, and functions.
[Title 36 RCW—page 185]
36.70A.010
Title 36 RCW: Counties
Agricultural lands—Legislative directive of growth management act: See
note following RCW 7.48.305.
Building permits—Evidence of adequate water supply required: RCW
19.27.097.
Expediting completion of projects of statewide significance—Requirements
of agreements: RCW 43.157.020.
Impact fees: RCW 82.02.050 through 82.02.100.
Population forecasts: RCW 43.62.035.
Regional transportation planning: Chapter 47.80 RCW.
Subdivision and short subdivision requirements: RCW 58.17.060,
58.17.110.
36.70A.010 Legislative findings. The legislature finds
that uncoordinated and unplanned growth, together with a
lack of common goals expressing the public’s interest in the
conservation and the wise use of our lands, pose a threat to
the environment, sustainable economic development, and the
health, safety, and high quality of life enjoyed by residents of
this state. It is in the public interest that citizens, communities, local governments, and the private sector cooperate and
coordinate with one another in comprehensive land use planning. Further, the legislature finds that it is in the public interest that economic development programs be shared with
communities experiencing insufficient economic growth.
[1990 1st ex.s. c 17 § 1.]
36.70A.010
36.70A.011 Findings—Rural lands. The legislature
finds that this chapter is intended to recognize the importance
of rural lands and rural character to Washington’s economy,
its people, and its environment, while respecting regional differences. Rural lands and rural-based economies enhance the
economic desirability of the state, help to preserve traditional
economic activities, and contribute to the state’s overall quality of life.
The legislature finds that to retain and enhance the job
base in rural areas, rural counties must have flexibility to create opportunities for business development. Further, the legislature finds that rural counties must have the flexibility to
retain existing businesses and allow them to expand. The legislature recognizes that not all business developments in rural
counties require an urban level of services; and that many
businesses in rural areas fit within the definition of rural character identified by the local planning unit.
Finally, the legislature finds that in defining its rural element under RCW 36.70A.070(5), a county should foster land
use patterns and develop a local vision of rural character that
will: Help preserve rural-based economies and traditional
rural lifestyles; encourage the economic prosperity of rural
residents; foster opportunities for small-scale, rural-based
employment and self-employment; permit the operation of
rural-based agricultural, commercial, recreational, and tourist
businesses that are consistent with existing and planned land
use patterns; be compatible with the use of the land by wildlife and for fish and wildlife habitat; foster the private stewardship of the land and preservation of open space; and
enhance the rural sense of community and quality of life.
[2002 c 212 § 1.]
36.70A.011
36.70A.020 Planning goals. The following goals are
adopted to guide the development and adoption of comprehensive plans and development regulations of those counties
36.70A.020
[Title 36 RCW—page 186]
and cities that are required or choose to plan under RCW
36.70A.040. The following goals are not listed in order of
priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:
(1) Urban growth. Encourage development in urban
areas where adequate public facilities and services exist or
can be provided in an efficient manner.
(2) Reduce sprawl. Reduce the inappropriate conversion
of undeveloped land into sprawling, low-density development.
(3) Transportation. Encourage efficient multimodal
transportation systems that are based on regional priorities
and coordinated with county and city comprehensive plans.
(4) Housing. Encourage the availability of affordable
housing to all economic segments of the population of this
state, promote a variety of residential densities and housing
types, and encourage preservation of existing housing stock.
(5) Economic development. Encourage economic development throughout the state that is consistent with adopted
comprehensive plans, promote economic opportunity for all
citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of
existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities
of the state’s natural resources, public services, and public
facilities.
(6) Property rights. Private property shall not be taken
for public use without just compensation having been made.
The property rights of landowners shall be protected from
arbitrary and discriminatory actions.
(7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner
to ensure predictability.
(8) Natural resource industries. Maintain and enhance
natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.
(9) Open space and recreation. Retain open space,
enhance recreational opportunities, conserve fish and wildlife
habitat, increase access to natural resource lands and water,
and develop parks and recreation facilities.
(10) Environment. Protect the environment and enhance
the state’s high quality of life, including air and water quality,
and the availability of water.
(11) Citizen participation and coordination. Encourage
the involvement of citizens in the planning process and
ensure coordination between communities and jurisdictions
to reconcile conflicts.
(12) Public facilities and services. Ensure that those public facilities and services necessary to support development
shall be adequate to serve the development at the time the
development is available for occupancy and use without
decreasing current service levels below locally established
minimum standards.
(13) Historic preservation. Identify and encourage the
preservation of lands, sites, and structures, that have histori(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
cal or archaeological significance. [2002 c 154 § 1; 1990 1st
ex.s. c 17 § 2.]
36.70A.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to
enact a new comprehensive land use plan or to update an
existing comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to
the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of
berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by *RCW 84.33.100 through
84.33.140, finfish in upland hatcheries, or livestock, and that
has long-term commercial significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive
plan," or "plan" means a generalized coordinated land use
policy statement of the governing body of a county or city
that is adopted pursuant to this chapter.
(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging
effect on aquifers used for potable water; (c) fish and wildlife
habitat conservation areas; (d) frequently flooded areas; and
(e) geologically hazardous areas.
(6) "Department" means the department of commerce.
(7) "Development regulations" or "regulation" means the
controls placed on development or land use activities by a
county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs,
official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances
together with any amendments thereto. A development regulation does not include a decision to approve a project permit
application, as defined in RCW 36.70B.020, even though the
decision may be expressed in a resolution or ordinance of the
legislative body of the county or city.
(8) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land
that can be economically and practically managed for such
production, including Christmas trees subject to the excise
tax imposed under *RCW 84.33.100 through 84.33.140, and
that has long-term commercial significance. In determining
whether forest land is primarily devoted to growing trees for
long-term commercial timber production on land that can be
economically and practically managed for such production,
the following factors shall be considered: (a) The proximity
of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of
adjacent and nearby land uses; (c) long-term local economic
conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services
conducive to conversion of forest land to other uses.
(9) "Geologically hazardous areas" means areas that
because of their susceptibility to erosion, sliding, earthquake,
or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent
with public health or safety concerns.
36.70A.030
(2010 Ed.)
36.70A.030
(10) "Long-term commercial significance" includes the
growing capacity, productivity, and soil composition of the
land for long-term commercial production, in consideration
with the land’s proximity to population areas, and the possibility of more intense uses of the land.
(11) "Minerals" include gravel, sand, and valuable
metallic substances.
(12) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals,
domestic water systems, storm and sanitary sewer systems,
parks and recreational facilities, and schools.
(13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
(14) "Recreational land" means land so designated under
**RCW 36.70A.1701 and that, immediately prior to this designation, was designated as agricultural land of long-term
commercial significance under RCW 36.70A.170. Recreational land must have playing fields and supporting facilities
existing before July 1, 2004, for sports played on grass playing fields.
(15) "Rural character" refers to the patterns of land use
and development established by a county in the rural element
of its comprehensive plan:
(a) In which open space, the natural landscape, and vegetation predominate over the built environment;
(b) That foster traditional rural lifestyles, rural-based
economies, and opportunities to both live and work in rural
areas;
(c) That provide visual landscapes that are traditionally
found in rural areas and communities;
(d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;
(f) That generally do not require the extension of urban
governmental services; and
(g) That are consistent with the protection of natural surface water flows and groundwater and surface water recharge
and discharge areas.
(16) "Rural development" refers to development outside
the urban growth area and outside agricultural, forest, and
mineral resource lands designated pursuant to RCW
36.70A.170. Rural development can consist of a variety of
uses and residential densities, including clustered residential
development, at levels that are consistent with the preservation of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas.
(17) "Rural governmental services" or "rural services"
include those public services and public facilities historically
and typically delivered at an intensity usually found in rural
areas, and may include domestic water systems, fire and
police protection services, transportation and public transit
services, and other public utilities associated with rural development and normally not associated with urban areas. Rural
services do not include storm or sanitary sewers, except as
otherwise authorized by RCW 36.70A.110(4).
(18) "Urban governmental services" or "urban services"
include those public services and public facilities at an inten[Title 36 RCW—page 187]
36.70A.035
Title 36 RCW: Counties
sity historically and typically provided in cities, specifically
including storm and sanitary sewer systems, domestic water
systems, street cleaning services, fire and police protection
services, public transit services, and other public utilities
associated with urban areas and normally not associated with
rural areas.
(19) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and
impermeable surfaces to such a degree as to be incompatible
with the primary use of land for the production of food, other
agricultural products, or fiber, or the extraction of mineral
resources, rural uses, rural development, and natural resource
lands designated pursuant to RCW 36.70A.170. A pattern of
more intensive rural development, as provided in RCW
36.70A.070(5)(d), is not urban growth. When allowed to
spread over wide areas, urban growth typically requires urban
governmental services. "Characterized by urban growth"
refers to land having urban growth located on it, or to land
located in relationship to an area with urban growth on it as to
be appropriate for urban growth.
(20) "Urban growth areas" means those areas designated
by a county pursuant to RCW 36.70A.110.
(21) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar
areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but
not limited to, irrigation and drainage ditches, grass-lined
swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally
created as a result of the construction of a road, street, or
highway. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas created to mitigate conversion of wetlands. [2009 c 565 § 22; 2005 c 423 §
2; 1997 c 429 § 3; 1995 c 382 § 9. Prior: 1994 c 307 § 2;
1994 c 257 § 5; 1990 1st ex.s. c 17 § 3.]
Reviser’s note: *(1) RCW 84.33.100 through 84.33.118 were repealed
or decodified by 2001 c 249 §§ 15 and 16. RCW 84.33.120 was repealed by
2001 c 249 § 16 and by 2003 c 170 § 7.
**(2) RCW 36.70A.1701 expired June 30, 2006.
(3) The definitions in this section have been alphabetized pursuant to
RCW 1.08.015(2)(k).
Intent—2005 c 423: "The legislature recognizes the need for playing
fields and supporting facilities for sports played on grass as well as the need
to preserve agricultural land of long-term commercial significance. With
thoughtful and deliberate planning, and adherence to the goals and requirements of the growth management act, both needs can be met.
The legislature acknowledges the state’s interest in preserving the agricultural industry and family farms, and recognizes that the state’s rich and
productive lands enable agricultural production. Because of its unique qualities and limited quantities, designated agricultural land of long-term commercial significance is best suited for agricultural and farm uses, not recreational uses.
The legislature acknowledges also that certain local governments have
either failed or neglected to properly plan for population growth and the sufficient number of playing fields and supporting facilities needed to accommodate this growth. The legislature recognizes that citizens responded to
this lack of planning, fields, and supporting facilities by constructing nonconforming fields and facilities on agricultural lands of long-term commercial significance. It is the intent of the legislature to permit the continued
existence and use of these fields and facilities in very limited circumstances
[Title 36 RCW—page 188]
if specific criteria are satisfied within a limited time frame. It is also the
intent of the legislature to grant this authorization without diminishing the
designation and preservation requirements of the growth management act
pertaining to Washington’s invaluable farmland." [2005 c 423 § 1.]
Effective date—2005 c 423: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2005]." [2005 c 423 § 7.]
Finding—Intent—1994 c 307: "The legislature finds that it is in the
public interest to identify and provide long-term conservation of those productive natural resource lands that are critical to and can be managed economically and practically for long-term commercial production of food,
fiber, and minerals. Successful achievement of the natural resource industries’ goal set forth in RCW 36.70A.020 requires the conservation of a land
base sufficient in size and quality to maintain and enhance those industries
and the development and use of land use techniques that discourage uses
incompatible to the management of designated lands. The 1994 amendment
to RCW 36.70A.030(8) (section 2(8), chapter 307, Laws of 1994) is intended
to clarify legislative intent regarding the designation of forest lands and is
not intended to require every county that has already complied with the
interim forest land designation requirement of RCW 36.70A.170 to review
its actions until the adoption of its comprehensive plans and development
regulations as provided in RCW 36.70A.060(3)." [1994 c 307 § 1.]
Additional notes found at www.leg.wa.gov
36.70A.035 Public participation—Notice provisions.
(1) The public participation requirements of this chapter shall
include notice procedures that are reasonably calculated to
provide notice to property owners and other affected and
interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed
amendments to comprehensive plans and development regulation. Examples of reasonable notice provisions include:
(a) Posting the property for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is
located or that will be affected by the proposal;
(c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;
(d) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and
(e) Publishing notice in agency newsletters or sending
notice to agency mailing lists, including general lists or lists
for specific proposals or subject areas.
(2)(a) Except as otherwise provided in (b) of this subsection, if the legislative body for a county or city chooses to
consider a change to an amendment to a comprehensive plan
or development regulation, and the change is proposed after
the opportunity for review and comment has passed under the
county’s or city’s procedures, an opportunity for review and
comment on the proposed change shall be provided before
the local legislative body votes on the proposed change.
(b) An additional opportunity for public review and comment is not required under (a) of this subsection if:
(i) An environmental impact statement has been prepared under chapter 43.21C RCW for the pending resolution
or ordinance and the proposed change is within the range of
alternatives considered in the environmental impact statement;
(ii) The proposed change is within the scope of the alternatives available for public comment;
(iii) The proposed change only corrects typographical
errors, corrects cross-references, makes address or name
36.70A.035
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
changes, or clarifies language of a proposed ordinance or resolution without changing its effect;
(iv) The proposed change is to a resolution or ordinance
making a capital budget decision as provided in RCW
36.70A.120; or
(v) The proposed change is to a resolution or ordinance
enacting a moratorium or interim control adopted under
RCW 36.70A.390.
(3) This section is prospective in effect and does not
apply to a comprehensive plan, development regulation, or
amendment adopted before July 27, 1997. [1999 c 315 § 708;
1997 c 429 § 9.]
Additional notes found at www.leg.wa.gov
36.70A.040 Who must plan—Summary of requirements—Development regulations must implement comprehensive plans. (1) Each county that has both a population of fifty thousand or more and, until May 16, 1995, has
had its population increase by more than ten percent in the
previous ten years or, on or after May 16, 1995, has had its
population increase by more than seventeen percent in the
previous ten years, and the cities located within such county,
and any other county regardless of its population that has had
its population increase by more than twenty percent in the
previous ten years, and the cities located within such county,
shall conform with all of the requirements of this chapter.
However, the county legislative authority of such a county
with a population of less than fifty thousand population may
adopt a resolution removing the county, and the cities located
within the county, from the requirements of adopting comprehensive land use plans and development regulations under
this chapter if this resolution is adopted and filed with the
department by December 31, 1990, for counties initially
meeting this set of criteria, or within sixty days of the date the
office of financial management certifies that a county meets
this set of criteria under subsection (5) of this section. For the
purposes of this subsection, a county not currently planning
under this chapter is not required to include in its population
count those persons confined in a correctional facility under
the jurisdiction of the department of corrections that is
located in the county.
Once a county meets either of these sets of criteria, the
requirement to conform with all of the requirements of this
chapter remains in effect, even if the county no longer meets
one of these sets of criteria.
(2) The county legislative authority of any county that
does not meet either of the sets of criteria established under
subsection (1) of this section may adopt a resolution indicating its intention to have subsection (1) of this section apply to
the county. Each city, located in a county that chooses to plan
under this subsection, shall conform with all of the requirements of this chapter. Once such a resolution has been
adopted, the county and the cities located within the county
remain subject to all of the requirements of this chapter.
(3) Any county or city that is initially required to conform with all of the requirements of this chapter under subsection (1) of this section shall take actions under this chapter
as follows: (a) The county legislative authority shall adopt a
countywide planning policy under RCW 36.70A.210; (b) the
county and each city located within the county shall desig36.70A.040
(2010 Ed.)
36.70A.040
nate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated agricultural lands, forest lands, and
mineral resource lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the
county shall designate and take other actions related to urban
growth areas under RCW 36.70A.110; (d) if the county has a
population of fifty thousand or more, the county and each city
located within the county shall adopt a comprehensive plan
under this chapter and development regulations that are consistent with and implement the comprehensive plan on or
before July 1, 1994, and if the county has a population of less
than fifty thousand, the county and each city located within
the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and
implement the comprehensive plan by January 1, 1995, but if
the governor makes written findings that a county with a population of less than fifty thousand or a city located within
such a county is not making reasonable progress toward
adopting a comprehensive plan and development regulations
the governor may reduce this deadline for such actions to be
taken by no more than one hundred eighty days. Any county
or city subject to this subsection may obtain an additional six
months before it is required to have adopted its development
regulations by submitting a letter notifying the *department
of community, trade, and economic development of its need
prior to the deadline for adopting both a comprehensive plan
and development regulations.
(4) Any county or city that is required to conform with
all the requirements of this chapter, as a result of the county
legislative authority adopting its resolution of intention under
subsection (2) of this section, shall take actions under this
chapter as follows: (a) The county legislative authority shall
a d o p t a c ou n ty - w id e p la nn i ng p o li cy u n d e r R CW
36.70A.210; (b) the county and each city that is located
within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource
lands it designated under RCW 36.70A.060 within one year
of the date the county legislative authority adopts its resolution of intention; (c) the county shall designate and take other
actions related to urban gro wth areas under RCW
36.70A.110; and (d) the county and each city that is located
within the county shall adopt a comprehensive plan and
development regulations that are consistent with and implement the comprehensive plan not later than four years from
the date the county legislative authority adopts its resolution
of intention, but a county or city may obtain an additional six
months before it is required to have adopted its development
regulations by submitting a letter notifying the *department
of community, trade, and economic development of its need
prior to the deadline for adopting both a comprehensive plan
and development regulations.
(5) If the office of financial management certifies that
the population of a county that previously had not been
required to plan under subsection (1) or (2) of this section has
changed sufficiently to meet either of the sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each
city within such county shall take actions under this chapter
[Title 36 RCW—page 189]
36.70A.045
Title 36 RCW: Counties
as follows: (a) The county legislative authority shall adopt a
countywide planning policy under RCW 36.70A.210; (b) the
county and each city located within the county shall adopt
development regulations under RCW 36.70A.060 conserving
agricultural lands, forest lands, and mineral resource lands it
designated within one year of the certification by the office of
financial management; (c) the county shall designate and take
other actions related to urban growth areas under RCW
36.70A.110; and (d) the county and each city located within
the county shall adopt a comprehensive land use plan and
development regulations that are consistent with and implement the comprehensive plan within four years of the certification by the office of financial management, but a county or
city may obtain an additional six months before it is required
to have adopted its development regulations by submitting a
letter notifying the *department of community, trade, and
economic development of its need prior to the deadline for
adopting both a comprehensive plan and development regulations.
(6) A copy of each document that is required under this
section shall be submitted to the department at the time of its
adoption.
(7) Cities and counties planning under this chapter must
amend the transportation element of the comprehensive plan
to be in compliance with this chapter and chapter 47.80 RCW
no later than December 31, 2000. [2000 c 36 § 1; 1998 c 171
§ 1; 1995 c 400 § 1; 1993 sp.s. c 6 § 1; 1990 1st ex.s. c 17 § 4.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
36.70A.045 Phasing of comprehensive plan submittal. The department may adopt a schedule to permit phasing
of comprehensive plan submittal for counties and cities planning under RCW 36.70A.040. This schedule shall not permit
a comprehensive plan to be submitted greater than one hundred eighty days past the date that the plan was required to be
submitted and shall be used to facilitate expeditious review
and interjurisdictional coordination of comprehensive plans
and development regulations. [1991 sp.s. c 32 § 15.]
36.70A.045
36.70A.050 Guidelines to classify agriculture, forest,
and mineral lands and critical areas. (1) Subject to the definitions provided in RCW 36.70A.030, the department shall
adopt guidelines, under chapter 34.05 RCW, no later than
September 1, 1990, to guide the classification of: (a) Agricultural lands; (b) forest lands; (c) mineral resource lands;
and (d) critical areas. The department shall consult with the
department of agriculture regarding guidelines for agricultural lands, the department of natural resources regarding forest lands and mineral resource lands, and the department of
ecology regarding critical areas.
(2) In carrying out its duties under this section, the
department shall consult with interested parties, including but
not limited to: (a) Representatives of cities; (b) representatives of counties; (c) representatives of developers; (d) representatives of builders; (e) representatives of owners of agricultural lands, forest lands, and mining lands; (f) representatives of local economic development officials; (g)
representatives of environmental organizations; (h) representatives of special districts; (i) representatives of the gover36.70A.050
[Title 36 RCW—page 190]
nor’s office and federal and state agencies; and (j) representatives of Indian tribes. In addition to the consultation required
under this subsection, the department shall conduct public
hearings in the various regions of the state. The department
shall consider the public input obtained at such public hearings when adopting the guidelines.
(3) The guidelines under subsection (1) of this section
shall be minimum guidelines that apply to all jurisdictions,
but also shall allow for regional differences that exist in
Washington state. The intent of these guidelines is to assist
counties and cities in designating the classification of agricultural lands, forest lands, mineral resource lands, and critical
areas under RCW 36.70A.170.
(4) The guidelines established by the department under
this section regarding classification of forest lands shall not
be inconsistent with guidelines adopted by the department of
natural resources. [1990 1st ex.s. c 17 § 5.]
36.70A.060 Natural resource lands and critical
areas—Development regulations. (1)(a) Except as provided in *RCW 36.70A.1701, each county that is required or
chooses to plan under RCW 36.70A.040, and each city within
such county, shall adopt development regulations on or
before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under
RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior
to their adoption and shall remain in effect until the county or
city adopts development regulations pursuant to RCW
36.70A.040. Such regulations shall assure that the use of
lands adjacent to agricultural, forest, or mineral resource
lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management
practices, of these designated lands for the production of
food, agricultural products, or timber, or for the extraction of
minerals.
(b) Counties and cities shall require that all plats, short
plats, development permits, and building permits issued for
development activities on, or within five hundred feet of,
lands designated as agricultural lands, forest lands, or mineral
resource lands, contain a notice that the subject property is
within or near designated agricultural lands, forest lands, or
mineral resource lands on which a variety of commercial
activities may occur that are not compatible with residential
development for certain periods of limited duration. The
notice for mineral resource lands shall also inform that an
application might be made for mining-related activities,
including mining, extraction, washing, crushing, stockpiling,
blasting, transporting, and recycling of minerals.
(2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that
are required or choose to plan under RCW 36.70A.040, such
development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities,
such development regulations shall be adopted on or before
March 1, 1992.
(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing
development regulations under RCW 36.70A.120 and may
36.70A.060
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
alter such designations and development regulations to insure
consistency.
(4) Forest land and agricultural land located within urban
growth areas shall not be designated by a county or city as
forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county
has enacted a program authorizing transfer or purchase of
development rights. [2005 c 423 § 3; 1998 c 286 § 5; 1991
sp.s. c 32 § 21; 1990 1st ex.s. c 17 § 6.]
*Reviser’s note: RCW 36.70A.1701 expired June 30, 2006.
Intent—Effective date—2005 c 423: See notes following RCW
36.70A.030.
36.70A.070 Comprehensive plans—Mandatory elements. The comprehensive plan of a county or city that is
required or chooses to plan under RCW 36.70A.040 shall
consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future
land use map. A comprehensive plan shall be adopted and
amended with public participation as provided in RCW
36.70A.140.
Each comprehensive plan shall include a plan, scheme,
or design for each of the following:
(1) A land use element designating the proposed general
distribution and general location and extent of the uses of
land, where appropriate, for agriculture, timber production,
housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and
other land uses. The land use element shall include population densities, building intensities, and estimates of future
population growth. The land use element shall provide for
protection of the quality and quantity of groundwater used for
public water supplies. Wherever possible, the land use element should consider utilizing urban planning approaches
that promote physical activity. Where applicable, the land
use element shall review drainage, flooding, and storm water
run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget
Sound or waters entering Puget Sound.
(2) A housing element ensuring the vitality and character
of established residential neighborhoods that: (a) Includes an
inventory and analysis of existing and projected housing
needs that identifies the number of housing units necessary to
manage projected growth; (b) includes a statement of goals,
policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including
single-family residences; (c) identifies sufficient land for
housing, including, but not limited to, government-assisted
housing, housing for low-income families, manufactured
housing, multifamily housing, and group homes and foster
care facilities; and (d) makes adequate provisions for existing
and projected needs of all economic segments of the community.
(3) A capital facilities plan element consisting of: (a) An
inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or
36.70A.070
(2010 Ed.)
36.70A.070
new capital facilities; (d) at least a six-year plan that will
finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such
purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs
and to ensure that the land use element, capital facilities plan
element, and financing plan within the capital facilities plan
element are coordinated and consistent. Park and recreation
facilities shall be included in the capital facilities plan element.
(4) A utilities element consisting of the general location,
proposed location, and capacity of all existing and proposed
utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
(5) Rural element. Counties shall include a rural element
including lands that are not designated for urban growth,
agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:
(a) Growth management act goals and local circumstances. Because circumstances vary from county to county,
in establishing patterns of rural densities and uses, a county
may consider local circumstances, but shall develop a written
record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements
of this chapter.
(b) Rural development. The rural element shall permit
rural development, forestry, and agriculture in rural areas.
The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental
services needed to serve the permitted densities and uses. To
achieve a variety of rural densities and uses, counties may
provide for clustering, density transfer, design guidelines,
conservation easements, and other innovative techniques that
will accommodate appropriate rural densities and uses that
are not characterized by urban growth and that are consistent
with rural character.
(c) Measures governing rural development. The rural
element shall include measures that apply to rural development and protect the rural character of the area, as established
by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development
with the surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the
rural area;
(iv) Protecting critical areas, as provided in RCW
36.70A.060, and surface water and groundwater resources;
and
(v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under
RCW 36.70A.170.
(d) Limited areas of more intensive rural development.
Subject to the requirements of this subsection and except as
otherwise specifically provided in this subsection (5)(d), the
rural element may allow for limited areas of more intensive
rural development, including necessary public facilities and
public services to serve the limited area as follows:
(i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial,
[Title 36 RCW—page 191]
36.70A.070
Title 36 RCW: Counties
residential, or mixed-use areas, whether characterized as
shoreline development, villages, hamlets, rural activity centers, or crossroads developments.
(A) A commercial, industrial, residential, shoreline, or
mixed-use area shall be subject to the requirements of (d)(iv)
of this subsection, but shall not be subject to the requirements
of (c)(ii) and (iii) of this subsection.
(B) Any development or redevelopment other than an
industrial area or an industrial use within a mixed-use area or
an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.
(C) Any development or redevelopment in terms of
building size, scale, use, or intensity shall be consistent with
the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a
previously existing use so long as the new use conforms to
the requirements of this subsection (5);
(ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting,
but that do not include new residential development. A
small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited
to those necessary to serve the recreation or tourist use and
shall be provided in a manner that does not permit low-density sprawl;
(iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses
that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may
allow the expansion of small-scale businesses as long as
those small-scale businesses conform with the rural character
of the area as defined by the local government according to
RCW 36.70A.030(15). Rural counties may also allow new
small-scale businesses to utilize a site previously occupied by
an existing business as long as the new small-scale business
conforms to the rural character of the area as defined by the
local government according to RCW 36.70A.030(15). Public
services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;
(iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection.
Lands included in such existing areas or uses shall not extend
beyond the logical outer boundary of the existing area or use,
thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained
and where there is a logical boundary delineated predominately by the built environment, but that may also include
undeveloped lands if limited as provided in this subsection.
The county shall establish the logical outer boundary of an
area of more intensive rural development. In establishing the
logical outer boundary, the county shall address (A) the need
to preserve the character of existing natural neighborhoods
and communities, (B) physical boundaries, such as bodies of
[Title 36 RCW—page 192]
water, streets and highways, and land forms and contours, (C)
the prevention of abnormally irregular boundaries, and (D)
the ability to provide public facilities and public services in a
manner that does not permit low-density sprawl;
(v) For purposes of (d) of this subsection, an existing
area or existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially
required to plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under
RCW 36.70A.040(2), in a county that is planning under all of
the provisions of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certif ie s th e c ou n ty ’s po p ulat ion a s p r ov id e d i n R CW
36.70A.040(5), in a county that is planning under all of the
provisions of this chapter pursuant to RCW 36.70A.040(5).
(e) Exception. This subsection shall not be interpreted to
permit in the rural area a major industrial development or a
master planned resort unless otherwise specifically permitted
under RCW 36.70A.360 and 36.70A.365.
(6) A transportation element that implements, and is consistent with, the land use element.
(a) The transportation element shall include the following subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist
the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on stateowned transportation facilities;
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation
facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This
inventory must include state-owned transportation facilities
within the city or county’s jurisdictional boundaries;
(B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally
coordinated;
(C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06
and 47.80 RCW, to gauge the performance of the system.
The purposes of reflecting level of service standards for state
highways in the local comprehensive plan are to monitor the
performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county’s or
city’s six-year street, road, or transit program and the office
of financial management’s ten-year investment program.
The concurrency requirements of (b) of this subsection do not
apply to transportation facilities and services of statewide
significance except for counties consisting of islands whose
only connection to the mainland are state highways or ferry
routes. In these island counties, state highways and ferry
route capacity must be a factor in meeting the concurrency
requirements in (b) of this subsection;
(D) Specific actions and requirements for bringing into
compliance locally owned transportation facilities or services
that are below an established level of service standard;
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
(E) Forecasts of traffic for at least ten years based on the
adopted land use plan to provide information on the location,
timing, and capacity needs of future growth;
(F) Identification of state and local system needs to meet
current and future demands. Identified needs on state-owned
transportation facilities must be consistent with the statewide
multimodal transportation plan required under chapter 47.06
RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs
against probable funding resources;
(B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of
which shall serve as the basis for the six-year street, road, or
transit program required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, and RCW 35.58.2795 for public
transportation systems. The multiyear financing plan should
be coordinated with the ten-year investment program developed by the office of financial management as required by
RCW 47.05.030;
(C) If probable funding falls short of meeting identified
needs, a discussion of how additional funding will be raised,
or how land use assumptions will be reassessed to ensure that
level of service standards will be met;
(v) Intergovernmental coordination efforts, including an
assessment of the impacts of the transportation plan and land
use assumptions on the transportation systems of adjacent
jurisdictions;
(vi) Demand-management strategies;
(vii) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that
address and encourage enhanced community access and promote healthy lifestyles.
(b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW
36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the
transportation element of the comprehensive plan, unless
transportation improvements or strategies to accommodate
the impacts of development are made concurrent with the
development. These strategies may include increased public
transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6), "concurrent
with the development" means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or
strategies within six years.
(c) The transportation element described in this subsection (6), the six-year plans required by RCW 35.77.010 for
cities, RCW 36.81.121 for counties, and RCW 35.58.2795
for public transportation systems, and the ten-year investment program required by RCW 47.05.030 for the state, must
be consistent.
(7) An economic development element establishing local
goals, policies, objectives, and provisions for economic
growth and vitality and a high quality of life. The element
shall include: (a) A summary of the local economy such as
(2010 Ed.)
36.70A.080
population, employment, payroll, sectors, businesses, sales,
and other information as appropriate; (b) a summary of the
strengths and weaknesses of the local economy defined as the
commercial and industrial sectors and supporting factors
such as land use, transportation, utilities, education, workforce, housing, and natural/cultural resources; and (c) an
identification of policies, programs, and projects to foster
economic growth and development and to address future
needs. A city that has chosen to be a residential community
is exempt from the economic development element requirement of this subsection.
(8) A park and recreation element that implements, and
is consistent with, the capital facilities plan element as it
relates to park and recreation facilities. The element shall
include: (a) Estimates of park and recreation demand for at
least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for
meeting park and recreational demand.
(9) It is the intent that new or amended elements required
after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to
incorporate any such new or amended elements shall be null
and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at
least two years before local government must update comprehensive plans as required in RCW 36.70A.130. [2010 1st
sp.s. c 26 § 6; 2005 c 360 § 2; (2005 c 477 § 1 expired August
31, 2005); 2004 c 196 § 1; 2003 c 152 § 1. Prior: 2002 c 212
§ 2; 2002 c 154 § 2; 1998 c 171 § 2; 1997 c 429 § 7; 1996 c
239 § 1; prior: 1995 c 400 § 3; 1995 c 377 § 1; 1990 1st ex.s.
c 17 § 7.]
Expiration date—2005 c 477 § 1: "Section 1 of this act expires August
31, 2005." [2005 c 477 § 3.]
Effective date—2005 c 477: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 2005]." [2005 c 477 § 2.]
Findings—Intent—2005 c 360: "The legislature finds that regular
physical activity is essential to maintaining good health and reducing the
rates of chronic disease. The legislature further finds that providing opportunities for walking, biking, horseback riding, and other regular forms of
exercise is best accomplished through collaboration between the private sector and local, state, and institutional policymakers. This collaboration can
build communities where people find it easy and safe to be physically active.
It is the intent of the legislature to promote policy and planning efforts that
increase access to inexpensive or free opportunities for regular exercise in all
communities around the state." [2005 c 360 § 1.]
Additional notes found at www.leg.wa.gov
36.70A.080
36.70A.080 Comprehensive plans—Optional elements. (1) A comprehensive plan may include additional
elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction,
including, but not limited to:
(a) Conservation;
(b) Solar energy; and
(c) Recreation.
(2) A comprehensive plan may include, where appropriate, subarea plans, each of which is consistent with the comprehensive plan. [1990 1st ex.s. c 17 § 8.]
[Title 36 RCW—page 193]
36.70A.085
Title 36 RCW: Counties
36.70A.085 Comprehensive plans—Port elements.
(1) Comprehensive plans of cities that have a marine container port with annual operating revenues in excess of sixty
million dollars within their jurisdiction must include a container port element.
(2) Comprehensive plans of cities that include all or part
of a port district with annual operating revenues in excess of
twenty million dollars may include a marine industrial port
element. Prior to adopting a marine industrial port element
under this subsection (2), the commission of the applicable
port district must adopt a resolution in support of the proposed element.
(3) Port elements adopted under subsections (1) and (2)
of this section must be developed collaboratively between the
city and the applicable port, and must establish policies and
programs that:
(a) Define and protect the core areas of port and portrelated industrial uses within the city;
(b) Provide reasonably efficient access to the core area
through freight corridors within the city limits; and
(c) Identify and resolve key land use conflicts along the
edge of the core area, and minimize and mitigate, to the
extent practicable, incompatible uses along the edge of the
core area.
(4) Port elements adopted under subsections (1) and (2)
of this section must be:
(a) Completed and approved by the city according to the
schedule specified in RCW 36.70A.130; and
(b) Consistent with the economic development, transportation, and land use elements of the city’s comprehensive
plan, and consistent with the city’s capital facilities plan.
(5) In adopting port elements under subsections (1) and
(2) of this section, cities and ports must: Ensure that there is
consistency between the port elements and the port comprehensive scheme required under chapters 53.20 and 53.25
RCW; and retain sufficient planning flexibility to secure
emerging economic opportunities.
(6) In developing port elements under subsections (1)
and (2) of this section, a city may utilize one or more of the
following approaches:
(a) Creation of a port overlay district that protects container port uses;
(b) Use of industrial land banks;
(c) Use of buffers and transition zones between incompatible uses;
(d) Use of joint transportation funding agreements;
(e) Use of policies to encourage the retention of valuable
warehouse and storage facilities;
(f) Use of limitations on the location or size, or both, of
nonindustrial uses in the core area and surrounding areas; and
(g) Use of other approaches by agreement between the
city and the port.
(7) The *department of community, trade, and economic
development must provide matching grant funds to cities
meeting the requirements of subsection (1) of this section to
support development of the required container port element.
(8) Any planned improvements identified in port elements adopted under subsections (1) and (2) of this section
must be transmitted by the city to the transportation commission for consideration of inclusion in the statewide transportation plan required under RCW 47.01.071. [2009 c 514 § 2.]
36.70A.085
[Title 36 RCW—page 194]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Intent—2009 c 514: "(1) The legislature finds that Washington’s marine container ports operate within a complex system of marine
terminal operations, truck and train transportation corridors, and industrial
services that together support a critical amount of our state and national
economy, including key parts of our state’s manufacturing and agricultural
sectors, and directly create thousands of high-wage jobs throughout our
region.
(2) The legislature further finds that the container port services are
increasingly challenged by the conversion of industrial properties to nonindustrial uses, leading to competing and incompatible uses that can hinder
port operations, restrict efficient movement of freight, and limit the opportunity for improvements to existing port-related facilities.
(3) It is the intent of the legislature to ensure that local land use decisions are made in consideration of the long-term and widespread economic
contribution of our international container ports and related industrial lands
and transportation systems, and to ensure that container ports continue to
function effectively alongside vibrant city waterfronts." [2009 c 514 § 1.]
36.70A.090 Comprehensive plans—Innovative techniques. A comprehensive plan should provide for innovative
land use management techniques, including, but not limited
to, density bonuses, cluster housing, planned unit developments, and the transfer of development rights. [1990 1st ex.s.
c 17 § 9.]
36.70A.090
36.70A.100 Comprehensive plans—Must be coordinated. The comprehensive plan of each county or city that is
adopted pursuant to RCW 36.70A.040 shall be coordinated
with, and consistent with, the comprehensive plans adopted
pursuant to RCW 36.70A.040 of other counties or cities with
which the county or city has, in part, common borders or
related regional issues. [1990 1st ex.s. c 17 § 10.]
36.70A.100
36.70A.103 State agencies required to comply with
comprehensive plans. State agencies shall comply with the
local comprehensive plans and development regulations and
amendments thereto adopted pursuant to this chapter except
as otherwise provided in RCW 71.09.250 (1) through (3),
71.09.342, and 72.09.333.
The provisions of chapter 12, Laws of 2001 2nd sp. sess.
do not affect the state’s authority to site any other essential
public facility under RCW 36.70A.200 in conformance with
local comprehensive plans and development regulations
adopted pursuant to chapter 36.70A RCW. [2002 c 68 § 15;
2001 2nd sp.s. c 12 § 203; 1991 sp.s. c 32 § 4.]
36.70A.103
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
36.70A.106 Comprehensive plans—Development
regulations—Transmittal to state—Amendments—Expedited review. (1) Each county and city proposing adoption
of a comprehensive plan or development regulations under
this chapter shall notify the department of its intent to adopt
such plan or regulations at least sixty days prior to final adoption. State agencies including the department may provide
comments to the county or city on the proposed comprehensive plan, or proposed development regulations, during the
public review process prior to adoption.
(2) Each county and city planning under this chapter
shall transmit a complete and accurate copy of its compre36.70A.106
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
hensive plan or development regulations to the department
within ten days after final adoption.
(3)(a) Any amendments for permanent changes to a comprehensive plan or development regulation that are proposed
by a county or city to its adopted plan or regulations shall be
submitted to the department in the same manner as initial
plans and development regulations under this section. Any
amendments to a comprehensive plan or development regulations that are adopted by a county or city shall be transmitted
to the department in the same manner as the initial plans and
regulations under this section.
(b) Each county and city planning under this chapter may
request expedited review for any amendments for permanent
changes to a development regulation. Upon receiving a
request for expedited review, and after consultation with
other state agencies, the department may grant expedited
review if the department determines that expedited review
does not compromise the state’s ability to provide timely
comments related to compliance with the goals and requirements of this chapter or on other matters of state interest. Cities and counties may adopt amendments for permanent
changes to a development regulation immediately following
the granting of the request for expedited review by the department. [2004 c 197 § 1; 1991 sp.s. c 32 § 8.]
36.70A.108 Comprehensive plans—Transportation
element—Multimodal transportation improvements and
strategies. (1) The transportation element required by RCW
36.70A.070 may include, in addition to improvements or
strategies to accommodate the impacts of development
authorized under RCW 36.70A.070(6)(b), multimodal transportation improvements or strategies that are made concurrent with the development. These transportation improvements or strategies may include, but are not limited to, measures implementing or evaluating:
(a) Multiple modes of transportation with peak and nonpeak hour capacity performance standards for locally owned
transportation facilities; and
(b) Modal performance standards meeting the peak and
nonpeak hour capacity performance standards.
(2) Nothing in this section or RCW 36.70A.070(6)(b)
shall be construed as prohibiting a county or city planning
under RCW 36.70A.040 from exercising existing authority to
develop multimodal improvements or strategies to satisfy the
concurrency requirements of this chapter.
(3) Nothing in this section is intended to affect or otherwise modify the authority of jurisdictions planning under
RCW 36.70A.040. [2005 c 328 § 1.]
36.70A.108
36.70A.110 Comprehensive plans—Urban growth
areas. (1) Each county that is required or chooses to plan
under RCW 36.70A.040 shall designate an urban growth area
or areas within which urban growth shall be encouraged and
outside of which growth can occur only if it is not urban in
nature. Each city that is located in such a county shall be
included within an urban growth area. An urban growth area
may include more than a single city. An urban growth area
may include territory that is located outside of a city only if
such territory already is characterized by urban growth
whether or not the urban growth area includes a city, or is
36.70A.110
(2010 Ed.)
36.70A.110
adjacent to territory already characterized by urban growth,
or is a designated new fully contained community as defined
by RCW 36.70A.350.
(2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include
areas and densities sufficient to permit the urban growth that
is projected to occur in the county or city for the succeeding
twenty-year period, except for those urban growth areas contained totally within a national historical reserve. As part of
this planning process, each city within the county must
include areas sufficient to accommodate the broad range of
needs and uses that will accompany the projected urban
growth including, as appropriate, medical, governmental,
institutional, commercial, service, retail, and other nonresidential uses.
Each urban growth area shall permit urban densities and
shall include greenbelt and open space areas. In the case of
urban growth areas contained totally within a national historical reserve, the city may restrict densities, intensities, and
forms of urban growth as determined to be necessary and
appropriate to protect the physical, cultural, or historic integrity of the reserve. An urban growth area determination may
include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this
market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating
growth.
Within one year of July 1, 1990, each county that as of
June 1, 1991, was required or chose to plan under RCW
36.70A.040, shall begin consulting with each city located
within its boundaries and each city shall propose the location
of an urban growth area. Within sixty days of the date the
county legislative authority of a county adopts its resolution
of intention or of certification by the office of financial management, all other counties that are required or choose to plan
under RCW 36.70A.040 shall begin this consultation with
each city located within its boundaries. The county shall
attempt to reach agreement with each city on the location of
an urban growth area within which the city is located. If such
an agreement is not reached with each city located within the
urban growth area, the county shall justify in writing why it
so designated the area an urban growth area. A city may
object formally with the department over the designation of
the urban growth area within which it is located. Where
appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.
(3) Urban growth should be located first in areas already
characterized by urban growth that have adequate existing
public facility and service capacities to serve such development, second in areas already characterized by urban growth
that will be served adequately by a combination of both existing public facilities and services and any additional needed
public facilities and services that are provided by either public or private sources, and third in the remaining portions of
the urban growth areas. Urban growth may also be located in
designated new fully contained communities as defined by
RCW 36.70A.350.
(4) In general, cities are the units of local government
most appropriate to provide urban governmental services. In
[Title 36 RCW—page 195]
36.70A.115
Title 36 RCW: Counties
general, it is not appropriate that urban governmental services
be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic
public health and safety and the environment and when such
services are financially supportable at rural densities and do
not permit urban development.
(5) On or before October 1, 1993, each county that was
initially required to plan under RCW 36.70A.040(1) shall
adopt development regulations designating interim urban
growth areas under this chapter. Within three years and three
months of the date the county legislative authority of a county
adopts its resolution of intention or of certification by the
office of financial management, all other counties that are
required or choose to plan under RCW 36.70A.040 shall
adopt development regulations designating interim urban
growth areas under this chapter. Adoption of the interim
urban growth areas may only occur after public notice; public
hearing; and compliance with the state environmental policy
act, chapter 43.21C RCW, and under this section. Such
action may be appealed to the growth management hearings
board under RCW 36.70A.280. Final urban growth areas
shall be adopted at the time of comprehensive plan adoption
under this chapter.
(6) Each county shall include designations of urban
growth areas in its comprehensive plan.
(7) An urban growth area designated in accordance with
this section may include within its boundaries urban service
areas or potential annexation areas designated for specific cities or towns within the county.
(8)(a) Except as provided in (b) of this subsection, the
expansion of an urban growth area is prohibited into the one
hundred year floodplain of any river or river segment that: (i)
Is located west of the crest of the Cascade mountains; and (ii)
has a mean annual flow of one thousand or more cubic feet
per second as determined by the department of ecology.
(b) Subsection (8)(a) of this section does not apply to:
(i) Urban growth areas that are fully contained within a
floodplain and lack adjacent buildable areas outside the
floodplain;
(ii) Urban growth areas where expansions are precluded
outside floodplains because:
(A) Urban governmental services cannot be physically
provided to serve areas outside the floodplain; or
(B) Expansions outside the floodplain would require a
river or estuary crossing to access the expansion; or
(iii) Urban growth area expansions where:
(A) Public facilities already exist within the floodplain
and the expansion of an existing public facility is only possible on the land to be included in the urban growth area and
located within the floodplain; or
(B) Urban development already exists within a floodplain as of July 26, 2009, and is adjacent to, but outside of,
the urban growth area, and the expansion of the urban growth
area is necessary to include such urban development within
the urban growth area; or
(C) The land is owned by a jurisdiction planning under
this chapter or the rights to the development of the land have
been permanently extinguished, and the following criteria are
met:
(I) The permissible use of the land is limited to one of the
following: Outdoor recreation; environmentally beneficial
[Title 36 RCW—page 196]
projects, including but not limited to habitat enhancement or
environmental restoration; storm water facilities; flood control facilities; or underground conveyances; and
(II) The development and use of such facilities or
projects will not decrease flood storage, increase storm water
runoff, discharge pollutants to fresh or salt waters during normal operations or floods, or increase hazards to people and
property.
(c) For the purposes of this subsection (8), "one hundred
year floodplain" means the same as "special flood hazard
area" as set forth in WAC 173-158-040 as it exists on July 26,
2009. [2010 c 211 § 1. Prior: 2009 c 342 § 1; 2009 c 121 §
1; 2004 c 206 § 1; 2003 c 299 § 5; 1997 c 429 § 24; 1995 c
400 § 2; 1994 c 249 § 27; 1993 sp.s. c 6 § 2; 1991 sp.s. c 32 §
29; 1990 1st ex.s. c 17 § 11.]
Effective date--Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Additional notes found at www.leg.wa.gov
36.70A.115 Comprehensive plans and development
regulations must provide sufficient land capacity for
development. Counties and cities that are required or choose
to plan under RCW 36.70A.040 shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and/or development regulations provide sufficient
capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, including the accommodation of, as appropriate, the medical, governmental, educational, institutional,
commercial, and industrial facilities related to such growth,
as adopted in the applicable countywide planning policies
and consistent with the twenty-year population forecast from
the office of financial management. [2009 c 121 § 3; 2003 c
333 § 1.]
36.70A.115
36.70A.120 Planning activities and capital budget
decisions—Implementation in conformity with comprehensive plan. Each county and city that is required or
chooses to plan under RCW 36.70A.040 shall perform its
activities and make capital budget decisions in conformity
with its comprehensive plan. [1993 sp.s. c 6 § 3; 1990 1st
ex.s. c 17 § 12.]
36.70A.120
Additional notes found at www.leg.wa.gov
36.70A.130 Comprehensive plans—Review procedures and schedules—Amendments. (1)(a) Each comprehensive land use plan and development regulations shall be
subject to continuing review and evaluation by the county or
city that adopted them. Except as otherwise provided, a
county or city shall take legislative action to review and, if
needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply
with the requirements of this chapter according to the deadlines in subsections (4) and (5) of this section.
(b) Except as otherwise provided, a county or city not
planning under RCW 36.70A.040 shall take action to review
and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands
adopted according to this chapter to ensure these policies and
regulations comply with the requirements of this chapter
36.70A.130
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
according to the deadlines in subsections (4) and (5) of this
section. Legislative action means the adoption of a resolution
or ordinance following notice and a public hearing indicating
at a minimum, a finding that a review and evaluation has
occurred and identifying the revisions made, or that a revision was not needed and the reasons therefor.
(c) The review and evaluation required by this subsection may be combined with the review required by subsection
(3) of this section. The review and evaluation required by
this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW
36.70A.040, an analysis of the population allocated to a city
or county from the most recent ten-year population forecast
by the office of financial management.
(d) Any amendment of or revision to a comprehensive
land use plan shall conform to this chapter. Any amendment
of or revision to development regulations shall be consistent
with and implement the comprehensive plan.
(2)(a) Each county and city shall establish and broadly
disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies
procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered
by the governing body of the county or city no more frequently than once every year. "Updates" means to review
and revise, if needed, according to subsection (1) of this section, and the deadlines in subsections (4) and (5) of this section or in accordance with the provisions of subsection (6) of
this section. Amendments may be considered more frequently than once per year under the following circumstances:
(i) The initial adoption of a subarea plan. Subarea plans
adopted under this subsection (2)(a)(i) must clarify, supplement, or implement jurisdiction-wide comprehensive plan
policies, and may only be adopted if the cumulative impacts
of the proposed plan are addressed by appropriate environmental review under chapter 43.21C RCW;
(ii) The development of an initial subarea plan for economic development located outside of the one hundred year
floodplain in a county that has completed a state-funded pilot
project that is based on watershed characterization and local
habitat assessment;
(iii) The adoption or amendment of a shoreline master
program under the procedures set forth in chapter 90.58
RCW;
(iv) The amendment of the capital facilities element of a
comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget; or
(v) The adoption of comprehensive plan amendments
necessary to enact a planned action under RCW
43.21C.031(2), provided that amendments are considered in
accordance with the public participation program established
by the county or city under this subsection (2)(a) and all persons who have requested notice of a comprehensive plan
update are given notice of the amendments and an opportunity to comment.
(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body
concurrently so the cumulative effect of the various proposals
can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions
(2010 Ed.)
36.70A.130
to its comprehensive plan that conform with this chapter
whenever an emergency exists or to resolve an appeal of a
comprehensive plan filed with the growth management hearings board or with the court.
(3)(a) Each county that designates urban growth areas
under RCW 36.70A.110 shall review, at least every ten years,
its designated urban growth area or areas, and the densities
permitted within both the incorporated and unincorporated
portions of each urban growth area. In conjunction with this
review by the county, each city located within an urban
growth area shall review the densities permitted within its
boundaries, and the extent to which the urban growth occurring within the county has located within each city and the
unincorporated portions of the urban growth areas.
(b) The county comprehensive plan designating urban
growth areas, and the densities permitted in the urban growth
areas by the comprehensive plans of the county and each city
located within the urban growth areas, shall be revised to
accommodate the urban growth projected to occur in the
county for the succeeding twenty-year period. The review
required by this subsection may be combined with the review
and evaluation required by RCW 36.70A.215.
(4) Except as provided in subsection (6) of this section,
counties and cities shall take action to review and, if needed,
revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the
requirements of this chapter as follows:
(a) On or before December 1, 2004, for Clallam, Clark,
Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and
Whatcom counties and the cities within those counties;
(b) On or before December 1, 2005, for Cowlitz, Island,
Lewis, Mason, San Juan, Skagit, and Skamania counties and
the cities within those counties;
(c) On or before December 1, 2006, for Benton, Chelan,
Douglas, Grant, Kittitas, Spokane, and Yakima counties and
the cities within those counties; and
(d) On or before December 1, 2007, for Adams, Asotin,
Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat,
Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities
within those counties.
(5) Except as otherwise provided in subsection (6) of this
section, following the review of comprehensive plans and
development regulations required by subsection (4) of this
section, counties and cities shall take action to review and, if
needed, revise their comprehensive plans and development
regulations to ensure the plan and regulations comply with
the requirements of this chapter as follows:
(a) On or before December 1, 2014, and every seven
years thereafter, for Clallam, Clark, Jefferson, King, Kitsap,
Pierce, Snohomish, Thurston, and Whatcom counties and the
cities within those counties;
(b) On or before December 1, 2015, and every seven
years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan,
Skagit, and Skamania counties and the cities within those
counties;
(c) On or before December 1, 2016, and every seven
years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas,
Spokane, and Yakima counties and the cities within those
counties; and
[Title 36 RCW—page 197]
36.70A.131
Title 36 RCW: Counties
(d) On or before December 1, 2017, and every seven
years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla,
and Whitman counties and the cities within those counties.
(6)(a) Nothing in this section precludes a county or city
from conducting the review and evaluation required by this
section before the deadlines established in subsections (4)
and (5) of this section. Counties and cities may begin this
process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.
(b) A county that is subject to a deadline established in
subsection (4)(b) through (d) of this section and meets the
following criteria may comply with the requirements of this
section at any time within the thirty-six months following the
deadline established in subsection (4) of this section: The
county has a population of less than fifty thousand and has
had its population increase by no more than seventeen percent in the ten years preceding the deadline established in
subsection (4) of this section as of that date.
(c) A city that is subject to a deadline established in subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the
deadline established in subsection (4) of this section: The
city has a population of no more than five thousand and has
had its population increase by the greater of either no more
than one hundred persons or no more than seventeen percent
in the ten years preceding the deadline established in subsection (4) of this section as of that date.
(d) A county or city that is subject to a deadline established in subsection (4)(d) of this section and that meets the
criteria established in subsection (6)(b) or (c) of this section
may comply with the requirements of subsection (4)(d) of
this section at any time within the thirty-six months after the
extension provided in subsection (6)(b) or (c) of this section.
(e) State agencies are encouraged to provide technical
assistance to the counties and cities in the review of critical
area ordinances, comprehensive plans, and development regulations.
(7)(a) The requirements imposed on counties and cities
under this section shall be considered "requirements of this
chapter" under the terms of RCW 36.70A.040(1). Only those
counties and cities that meet the following criteria may
receive grants, loans, pledges, or financial guarantees under
chapter 43.155 or 70.146 RCW:
(i) Complying with the deadlines in this section;
(ii) Demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas; or
(iii) Complying with the extension provisions of subsection (6)(b), (c), or (d) of this section.
(b) A county or city that is fewer than twelve months out
of compliance with the schedules in this section for development regulations that protect critical areas is making substantial progress towards compliance. Only those counties and
cities in compliance with the schedules in this section may
receive preference for grants or loans subject to the provisions of RCW 43.17.250. [2010 c 216 § 1; 2010 c 211 § 2;
2009 c 479 § 23; 2006 c 285 § 2. Prior: 2005 c 423 § 6; 2005
[Title 36 RCW—page 198]
c 294 § 2; 2002 c 320 § 1; 1997 c 429 § 10; 1995 c 347 § 106;
1990 1st ex.s. c 17 § 13.]
Reviser’s note: This section was amended by 2010 c 211 § 2 and by
2010 c 216 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2006 c 285: "There is a statewide interest in maintaining coordinated planning as called for in the legislative findings of the growth management act, RCW 36.70A.010. It is the intent of the legislature that smaller,
slower-growing counties and cities be provided with flexibility in meeting
the requirements to review local plans and development regulations in RCW
36.70A.130, while ensuring coordination and consistency with the plans of
neighboring cities and counties." [2006 c 285 § 1.]
Intent—Effective date—2005 c 423: See notes following RCW
36.70A.030.
Intent—2005 c 294: "The legislature recognizes the importance of
appropriate and meaningful land use measures and that such measures are
critical to preserving and fostering the quality of life enjoyed by Washingtonians. The legislature recognizes also that the growth management act
requires counties and cities to review and, if needed, revise their comprehensive plans and development regulations on a cyclical basis. These requirements, which often require significant compliance efforts by local governments are, in part, an acknowledgment of the continual changes that occur
within the state, and the need to ensure that land use measures reflect the collective wishes of its citizenry.
The legislature acknowledges that only those jurisdictions in compliance with the review and revision schedules of the growth management act
are eligible to receive funds from the public works assistance and water quality accounts in the state treasury. The legislature further recognizes that
some jurisdictions that are not yet in compliance with these review and revision schedules have demonstrated substantial progress towards compliance.
The legislature, therefore, intends to grant jurisdictions that are not in
compliance with requirements for development regulations that protect critical areas, but are demonstrating substantial progress towards compliance
with these requirements, twelve months of additional eligibility to receive
grants, loans, pledges, or financial guarantees from the public works assistance and water quality accounts in the state treasury. The legislature intends
to specify, however, that only counties and cities in compliance with the
review and revision schedules of the growth management act may receive
preference for financial assistance from these accounts." [2005 c 294 § 1.]
Effective date—2005 c 294: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 5, 2005]." [2005 c 294 § 3.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
RCW 36.70A.130(2) does not apply to master planned locations in industrial
land banks: RCW 36.70A.367(2)(c).
Additional notes found at www.leg.wa.gov
36.70A.131 Mineral resource lands—Review of
related designations and development regulations. As
part of the review required by RCW 36.70A.130(1), a county
or city shall review its mineral resource lands designations
adopted pursuant to RCW 36.70A.170 and mineral resource
lands development regulations adopted pursuant to RCW
36.70A.040 and 36.70A.060. In its review, the county or city
shall take into consideration:
(1) New information made available since the adoption
or last review of its designations or development regulations,
including data available from the department of natural
resources relating to mineral resource deposits; and
(2) New or modified model development regulations for
mineral resource lands prepared by the department of natural
resources, the *department of community, trade, and eco36.70A.131
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
nomic development, or the Washington state association of
counties. [1998 c 286 § 7.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
36.70A.140 Comprehensive plans—Ensure public
participation. Each county and city that is required or
chooses to plan under RCW 36.70A.040 shall establish and
broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment
of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide
for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective
notice, provision for open discussion, communication programs, information services, and consideration of and
response to public comments. In enacting legislation in
response to the board’s decision pursuant to RCW
36.70A.300 declaring part or all of a comprehensive plan or
development regulation invalid, the county or city shall provide for public participation that is appropriate and effective
under the circumstances presented by the board’s order.
Errors in exact compliance with the established program and
procedures shall not render the comprehensive land use plan
or development regulations invalid if the spirit of the program and procedures is observed. [1995 c 347 § 107; 1990
1st ex.s. c 17 § 14.]
36.70A.140
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.150 Identification of lands useful for public
purposes. Each county and city that is required or chooses to
prepare a comprehensive land use plan under RCW
36.70A.040 shall identify lands useful for public purposes
such as utility corridors, transportation corridors, landfills,
sewage treatment facilities, storm water management facilities, recreation, schools, and other public uses. The county
shall work with the state and the cities within its borders to
identify areas of shared need for public facilities. The jurisdictions within the county shall prepare a prioritized list of
lands necessary for the identified public uses including an
estimated date by which the acquisition will be needed.
The respective capital acquisition budgets for each jurisdiction shall reflect the jointly agreed upon priorities and
time schedule. [1991 c 322 § 23; 1990 1st ex.s. c 17 § 15.]
36.70A.150
Findings—Intent—1991 c 322: See notes following RCW 86.12.200.
36.70A.160 Identification of open space corridors—
Purchase authorized. Each county and city that is required
or chooses to prepare a comprehensive land use plan under
RCW 36.70A.040 shall identify open space corridors within
and between urban growth areas. They shall include lands
useful for recreation, wildlife habitat, trails, and connection
of critical areas as defined in RCW 36.70A.030. Identification of a corridor under this section by a county or city shall
not restrict the use or management of lands within the corridor for agricultural or forest purposes. Restrictions on the use
or management of such lands for agricultural or forest purposes imposed after identification solely to maintain or
enhance the value of such lands as a corridor may occur only
36.70A.160
(2010 Ed.)
36.70A.172
if the county or city acquires sufficient interest to prevent
development of the lands or to control the resource development of the lands. The requirement for acquisition of sufficient interest does not include those corridors regulated by
the interstate commerce commission, under provisions of 16
U.S.C. Sec. 1247(d), 16 U.S.C. Sec. 1248, or 43 U.S.C. Sec.
912. Nothing in this section shall be interpreted to alter the
authority of the state, or a county or city, to regulate land use
activities.
The city or county may acquire by donation or purchase
the fee simple or lesser interests in these open space corridors
using funds authorized by RCW 84.34.230 or other sources.
[1992 c 227 § 1; 1990 1st ex.s. c 17 § 16.]
36.70A.165 Property designated as greenbelt or open
space—Not subject to adverse possession. The legislature
recognizes that the preservation of urban greenbelts is an
integral part of comprehensive growth management in Washington. The legislature further recognizes that certain greenbelts are subject to adverse possession action which, if carried out, threaten the comprehensive nature of this chapter.
Therefore, a party shall not acquire by adverse possession
property that is designated as a plat greenbelt or open space
area or that is dedicated as open space to a public agency or
to a bona fide homeowner’s association. [1997 c 429 § 41.]
36.70A.165
Additional notes found at www.leg.wa.gov
36.70A.170 Natural resource lands and critical
areas—Designations. (1) On or before September 1, 1991,
each county, and each city, shall designate where appropriate:
(a) Agricultural lands that are not already characterized
by urban growth and that have long-term significance for the
commercial production of food or other agricultural products;
(b) Forest lands that are not already characterized by
urban growth and that have long-term significance for the
commercial production of timber;
(c) Mineral resource lands that are not already characterized by urban growth and that have long-term significance
for the extraction of minerals; and
(d) Critical areas.
(2) In making the designations required by this section,
counties and cities shall consider the guidelines established
pursuant to RCW 36.70A.050. [1990 1st ex.s. c 17 § 17.]
36.70A.170
36.70A.171 Playing fields—Compliance with this
chapter. In accordance with RCW 36.70A.030, 36.70A.060,
*36.70A.1701, and 36.70A.130, playing fields and supporting facilities existing before July 1, 2004, on designated recreational lands shall be considered in compliance with the
requirements of this chapter. [2005 c 423 § 5.]
36.70A.171
*Reviser’s note: RCW 36.70A.1701 expired June 30, 2006.
Intent—Effective date—2005 c 423: See notes following RCW
36.70A.030.
36.70A.172 Critical areas—Designation and protection—Best available science to be used. (1) In designating
and protecting critical areas under this chapter, counties and
cities shall include the best available science in developing
policies and development regulations to protect the functions
36.70A.172
[Title 36 RCW—page 199]
36.70A.175
Title 36 RCW: Counties
and values of critical areas. In addition, counties and cities
shall give special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fisheries.
(2) If it determines that advice from scientific or other
experts is necessary or will be of substantial assistance in
reaching its decision, the growth management hearings board
may retain scientific or other expert advice to assist in
reviewing a petition under RCW 36.70A.290 that involves
critical areas. [2010 c 211 § 3; 1995 c 347 § 105.]
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.175 Wetlands to be delineated in accordance
with manual. Wetlands regulated under development regulations adopted pursuant to this chapter shall be delineated in
accordance with the manual adopted by the department pursuant to RCW 90.58.380. [1995 c 382 § 12.]
36.70A.175
36.70A.177 Agricultural lands—Innovative zoning
techniques—Accessory uses. (1) A county or a city may use
a variety of innovative zoning techniques in areas designated
as agricultural lands of long-term commercial significance
under RCW 36.70A.170. The innovative zoning techniques
should be designed to conserve agricultural lands and encourage the agricultural economy. Except as provided in subsection (3) of this section, a county or city should encourage
nonagricultural uses to be limited to lands with poor soils or
otherwise not suitable for agricultural purposes.
(2) Innovative zoning techniques a county or city may
consider include, but are not limited to:
(a) Agricultural zoning, which limits the density of
development and restricts or prohibits nonfarm uses of agricultural land and may allow accessory uses, including nonagricultural accessory uses and activities, that support, promote,
or sustain agricultural operations and production, as provided
in subsection (3) of this section;
(b) Cluster zoning, which allows new development on
one portion of the land, leaving the remainder in agricultural
or open space uses;
(c) Large lot zoning, which establishes as a minimum lot
size the amount of land necessary to achieve a successful
farming practice;
(d) Quarter/quarter zoning, which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land; and
(e) Sliding scale zoning, which allows the number of lots
for single-family residential purposes with a minimum lot
size of one acre to increase inversely as the size of the total
acreage increases.
(3) Accessory uses allowed under subsection (2)(a) of
this section shall comply with the following:
(a) Accessory uses shall be located, designed, and operated so as to not interfere with, and to support the continuation of, the overall agricultural use of the property and neighboring properties, and shall comply with the requirements of
this chapter;
(b) Accessory uses may include:
36.70A.177
[Title 36 RCW—page 200]
(i) Agricultural accessory uses and activities, including
but not limited to the storage, distribution, and marketing of
regional agricultural products from one or more producers,
agriculturally related experiences, or the production, marketing, and distribution of value-added agricultural products,
including support services that facilitate these activities; and
(ii) Nonagricultural accessory uses and activities as long
as they are consistent with the size, scale, and intensity of the
existing agricultural use of the property and the existing
buildings on the site. Nonagricultural accessory uses and
activities, including new buildings, parking, or supportive
uses, shall not be located outside the general area already
developed for buildings and residential uses and shall not
otherwise convert more than one acre of agricultural land to
nonagricultural uses; and
(c) Counties and cities have the authority to limit or
exclude accessory uses otherwise authorized in this subsection (3) in areas designated as agricultural lands of long-term
commercial significance.
(4) This section shall not be interpreted to limit agricultural production on designated agricultural lands. [2006 c
147 § 1; 2004 c 207 § 1; 1997 c 429 § 23.]
Additional notes found at www.leg.wa.gov
36.70A.180 Report on planning progress. (1) It is the
intent of the legislature that counties and cities required to
adopt a comprehensive plan under RCW 36.70A.040(1)
begin implementing this chapter on or before July 1, 1990,
including but not limited to: (a) Inventorying, designating,
and conserving agricultural, forest, and mineral resource
lands, and critical areas; and (b) considering the modification
or adoption of comprehensive land use plans and development regulations implementing the comprehensive land use
plans. It is also the intent of the legislature that funds be made
available to counties and cities beginning July 1, 1990, to
assist them in meeting the requirements of this chapter.
(2) Each county and city that adopts a plan under RCW
36.70A.040 (1) or (2) shall report to the department annually
for a period of five years, beginning on January 1, 1991, and
each five years thereafter, on the progress made by that
county or city in implementing this chapter. [1990 1st ex.s. c
17 § 19.]
36.70A.180
36.70A.190 Technical assistance, procedural criteria,
grants, and mediation services. (1) The department shall
establish a program of technical and financial assistance and
incentives to counties and cities to encourage and facilitate
the adoption and implementation of comprehensive plans and
development regulations throughout the state.
(2) The department shall develop a priority list and
establish funding levels for planning and technical assistance
grants both for counties and cities that plan under RCW
36.70A.040. Priority for assistance shall be based on a
county’s or city’s population growth rates, commercial and
industrial development rates, the existence and quality of a
comprehensive plan and development regulations, and other
relevant factors.
(3) The department shall develop and administer a grant
program to provide direct financial assistance to counties and
cities for the preparation of comprehensive plans under this
36.70A.190
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
chapter. The department may establish provisions for county
and city matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly
related to the preparation of a county or city comprehensive
plan as the county or city and the department may agree,
including, without limitation, the conducting of surveys,
inventories and other data gathering and management activities, the retention of planning consultants, contracts with
regional councils for planning and related services, and other
related purposes.
(4) The department shall establish a program of technical
assistance:
(a) Utilizing department staff, the staff of other state
agencies, and the technical resources of counties and cities to
help in the development of comprehensive plans required
under this chapter. The technical assistance may include, but
not be limited to, model land use ordinances, regional education and training programs, and information for local and
regional inventories; and
(b) Adopting by rule procedural criteria to assist counties
and cities in adopting comprehensive plans and development
regulations that meet the goals and requirements of this chapter. These criteria shall reflect regional and local variations
and the diversity that exists among different counties and cities that plan under this chapter.
(5) The department shall provide mediation services to
resolve disputes between counties and cities regarding,
among other things, coordination of regional issues and designation of urban growth areas.
(6) The department shall provide planning grants to
enhance citizen participation under RCW 36.70A.140. [1991
sp.s. c 32 § 3; 1990 1st ex.s. c 17 § 20.]
36.70A.200 Siting of essential public facilities—Limitation on liability. (1) The comprehensive plan of each
county and city that is planning under RCW 36.70A.040 shall
include a process for identifying and siting essential public
facilities. Essential public facilities include those facilities
that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities
as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, and in-patient
facilities including substance abuse facilities, mental health
facilities, group homes, and secure community transition
facilities as defined in RCW 71.09.020.
(2) Each county and city planning under RCW
36.70A.040 shall, not later than September 1, 2002, establish
a process, or amend its existing process, for identifying and
siting essential public facilities and adopt or amend its development regulations as necessary to provide for the siting of
secure community transition facilities consistent with statutory requirements applicable to these facilities.
(3) Any city or county not planning under RCW
36.70A.040 shall, not later than September 1, 2002, establish
a process for siting secure community transition facilities and
adopt or amend its development regulations as necessary to
provide for the siting of such facilities consistent with statutory requirements applicable to these facilities.
(4) The office of financial management shall maintain a
list of those essential state public facilities that are required or
36.70A.200
(2010 Ed.)
36.70A.210
likely to be built within the next six years. The office of
financial management may at any time add facilities to the
list.
(5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities.
(6) No person may bring a cause of action for civil damages based on the good faith actions of any county or city to
provide for the siting of secure community transition facilities in accordance with this section and with the requirements
of chapter 12, Laws of 2001 2nd sp. sess. For purposes of this
subsection, "person" includes, but is not limited to, any individual, agency as defined in *RCW 42.17.020, corporation,
partnership, association, and limited liability entity.
(7) Counties or cities siting facilities pursuant to subsection (2) or (3) of this section shall comply with RCW
71.09.341.
(8) The failure of a county or city to act by the deadlines
established in subsections (2) and (3) of this section is not:
(a) A condition that would disqualify the county or city
for grants, loans, or pledges under RCW 43.155.070 or
70.146.070;
(b) A consideration for grants or loans provided under
RCW 43.17.250(2); or
(c) A basis for any petition under RCW 36.70A.280 or
for any private cause of action. [2010 c 62 § 1; 2002 c 68 §
2; 2001 2nd sp.s. c 12 § 205; 1998 c 171 § 3; 1991 sp.s. c 32
§ 1.]
*Reviser’s note: RCW 42.17.020 was recodified as RCW 42.17A.005
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Purpose—2002 c 68: "The purpose of this act is to:
(1) Enable the legislature to act upon the recommendations of the joint
select committee on the equitable distribution of secure community transition facilities established in section 225, chapter 12, Laws of 2001 2nd sp.
sess.; and
(2) Harmonize the preemption provisions in RCW 71.09.250 with the
preemption provisions applying to future secure community transition facilities to reflect the joint select committee’s recommendation that the preemption granted for future secure community transition facilities be the same
throughout the state." [2002 c 68 § 1.]
Severability—2002 c 68: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2002 c 68 § 19.]
Effective date—2002 c 68: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 21, 2002]." [2002 c 68 § 20.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
36.70A.210 Countywide planning policies. (1) The
legislature recognizes that counties are regional governments
within their boundaries, and cities are primary providers of
urban governmental services within urban growth areas. For
the purposes of this section, a "countywide planning policy"
is a written policy statement or statements used solely for
establishing a countywide framework from which county and
city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and
county comprehensive plans are consistent as required in
RCW 36.70A.100. Nothing in this section shall be construed
to alter the land-use powers of cities.
(2) The legislative authority of a county that plans under
RCW 36.70A.040 shall adopt a countywide planning policy
36.70A.210
[Title 36 RCW—page 201]
36.70A.215
Title 36 RCW: Counties
in cooperation with the cities located in whole or in part
within the county as follows:
(a) No later than sixty calendar days from July 16, 1991,
the legislative authority of each county that as of June 1,
1991, was required or chose to plan under RCW 36.70A.040
shall convene a meeting with representatives of each city
located within the county for the purpose of establishing a
collaborative process that will provide a framework for the
adoption of a countywide planning policy. In other counties
that are required or choose to plan under RCW 36.70A.040,
this meeting shall be convened no later than sixty days after
the date the county adopts its resolution of intention or was
certified by the office of financial management.
(b) The process and framework for adoption of a countywide planning policy specified in (a) of this subsection shall
determine the manner in which the county and the cities agree
to all procedures and provisions including but not limited to
desired planning policies, deadlines, ratification of final
agreements and demonstration thereof, and financing, if any,
of all activities associated therewith.
(c) If a county fails for any reason to convene a meeting
with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate
sanction or sanctions on the county from those specified
under RCW 36.70A.340.
(d) If there is no agreement by October 1, 1991, in a
county that was required or chose to plan under RCW
36.70A.040 as of June 1, 1991, or if there is no agreement
within one hundred twenty days of the date the county
adopted its resolution of intention or was certified by the
office of financial management in any other county that is
required or chooses to plan under RCW 36.70A.040, the governor shall first inquire of the jurisdictions as to the reason or
reasons for failure to reach an agreement. If the governor
deems it appropriate, the governor may immediately request
the assistance of the *department of community, trade, and
economic development to mediate any disputes that preclude
agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose
appropriate sanctions from those specified under RCW
36.70A.340 on the county, city, or cities for failure to reach
an agreement as provided in this section. The governor shall
specify the reason or reasons for the imposition of any sanction.
(e) No later than July 1, 1992, the legislative authority of
each county that was required or chose to plan under RCW
36.70A.040 as of June 1, 1991, or no later than fourteen
months after the date the county adopted its resolution of
intention or was certified by the office of financial management the county legislative authority of any other county that
is required or chooses to plan under RCW 36.70A.040, shall
adopt a countywide planning policy according to the process
provided under this section and that is consistent with the
agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed countywide
planning policy.
(3) A countywide planning policy shall at a minimum,
address the following:
(a) Policies to implement RCW 36.70A.110;
[Title 36 RCW—page 202]
(b) Policies for promotion of contiguous and orderly
development and provision of urban services to such development;
(c) Policies for siting public capital facilities of a countywide or statewide nature, including transportation facilities of
statewide significance as defined in RCW 47.06.140;
(d) Policies for countywide transportation facilities and
strategies;
(e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution;
(f) Policies for joint county and city planning within
urban growth areas;
(g) Policies for countywide economic development and
employment, which must include consideration of the future
development of commercial and industrial facilities; and
(h) An analysis of the fiscal impact.
(4) Federal agencies and Indian tribes may participate in
and cooperate with the countywide planning policy adoption
process. Adopted countywide planning policies shall be
adhered to by state agencies.
(5) Failure to adopt a countywide planning policy that
meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the
county, as specified in RCW 36.70A.340. In imposing a
sanction or sanctions, the governor shall specify the reasons
for failure to adopt a countywide planning policy in order that
any imposed sanction or sanctions are fairly and equitably
related to the failure to adopt a countywide planning policy.
(6) Cities and the governor may appeal an adopted countywide planning policy to the growth management hearings
board within sixty days of the adoption of the countywide
planning policy.
(7) Multicounty planning policies shall be adopted by
two or more counties, each with a population of four hundred
fifty thousand or more, with contiguous urban areas and may
be adopted by other counties, according to the process established under this section or other processes agreed to among
the counties and cities within the affected counties throughout the multicounty region. [2009 c 121 § 2; 1998 c 171 § 4;
1994 c 249 § 28; 1993 sp.s. c 6 § 4; 1991 sp.s. c 32 § 2.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
36.70A.215 Review and evaluation program. (1)
Subject to the limitations in subsection (7) of this section, a
county shall adopt, in consultation with its cities, countywide
planning policies to establish a review and evaluation program. This program shall be in addition to the requirements
of RCW 36.70A.110, 36.70A.130, and 36.70A.210. In developing and implementing the review and evaluation program
required by this section, the county and its cities shall consider information from other appropriate jurisdictions and
sources. The purpose of the review and evaluation program
shall be to:
(a) Determine whether a county and its cities are achieving urban densities within urban growth areas by comparing
growth and development assumptions, targets, and objectives
contained in the countywide planning policies and the county
36.70A.215
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
and city comprehensive plans with actual growth and development that has occurred in the county and its cities; and
(b) Identify reasonable measures, other than adjusting
urban growth areas, that will be taken to comply with the
requirements of this chapter.
(2) The review and evaluation program shall:
(a) Encompass land uses and activities both within and
outside of urban growth areas and provide for annual collection of data on urban and rural land uses, development, critical areas, and capital facilities to the extent necessary to
determine the quantity and type of land suitable for development, both for residential and employment-based activities;
(b) Provide for evaluation of the data collected under (a)
of this subsection every five years as provided in subsection
(3) of this section. The first evaluation shall be completed not
later than September 1, 2002. The county and its cities may
establish in the countywide planning policies indicators,
benchmarks, and other similar criteria to use in conducting
the evaluation;
(c) Provide for methods to resolve disputes among jurisdictions relating to the countywide planning policies required
by this section and procedures to resolve inconsistencies in
collection and analysis of data; and
(d) Provide for the amendment of the countywide policies and county and city comprehensive plans as needed to
remedy an inconsistency identified through the evaluation
required by this section, or to bring these policies into compliance with the requirements of this chapter.
(3) At a minimum, the evaluation component of the program required by subsection (1) of this section shall:
(a) Determine whether there is sufficient suitable land to
accommodate the countywide population projection established for the county pursuant to RCW 43.62.035 and the
subsequent population allocations within the county and
between the county and its cities and the requirements of
RCW 36.70A.110;
(b) Determine the actual density of housing that has been
constructed and the actual amount of land developed for
commercial and industrial uses within the urban growth area
since the adoption of a comprehensive plan under this chapter
or since the last periodic evaluation as required by subsection
(1) of this section; and
(c) Based on the actual density of development as determined under (b) of this subsection, review commercial,
industrial, and housing needs by type and density range to
determine the amount of land needed for commercial, industrial, and housing for the remaining portion of the twentyyear planning period used in the most recently adopted comprehensive plan.
(4) If the evaluation required by subsection (3) of this
section demonstrates an inconsistency between what has
occurred since the adoption of the countywide planning policies and the county and city comprehensive plans and development regulations and what was envisioned in those policies
and plans and the planning goals and the requirements of this
chapter, as the inconsistency relates to the evaluation factors
specified in subsection (3) of this section, the county and its
cities shall adopt and implement measures that are reasonably
likely to increase consistency during the subsequent five-year
period. If necessary, a county, in consultation with its cities
as required by RCW 36.70A.210, shall adopt amendments to
(2010 Ed.)
36.70A.250
countywide planning policies to increase consistency. The
county and its cities shall annually monitor the measures
adopted under this subsection to determine their effect and
may revise or rescind them as appropriate.
(5)(a) Not later than July 1, 1998, the department shall
prepare a list of methods used by counties and cities in carrying out the types of activities required by this section. The
department shall provide this information and appropriate
technical assistance to counties and cities required to or
choosing to comply with the provisions of this section.
(b) By December 31, 2007, the department shall submit
to the appropriate committees of the legislature a report analyzing the effectiveness of the activities described in this section in achieving the goals envisioned by the countywide
planning policies and the comprehensive plans and development regulations of the counties and cities.
(6) From funds appropriated by the legislature for this
purpose, the department shall provide grants to counties, cities, and regional planning organizations required under subsection (7) of this section to conduct the review and perform
the evaluation required by this section.
(7) The provisions of this section shall apply to counties,
and the cities within those counties, that were greater than
one hundred fifty thousand in population in 1995 as determined by office of financial management population estimates and that are located west of the crest of the Cascade
mountain range. Any other county planning under RCW
36.70A.040 may carry out the review, evaluation, and
amendment programs and procedures as provided in this section. [1997 c 429 § 25.]
Additional notes found at www.leg.wa.gov
36.70A.250 Growth management hearings board—
Creation—Members. (1) A growth management hearings
board for the state of Washington is created. The board shall
consist of seven members qualified by experience or training
in matters pertaining to land use law or land use planning and
who have experience in the practical application of those
matters. All seven board members shall be appointed by the
governor, two each residing respectively in the central Puget
Sound, eastern Washington, and western Washington
regions, plus one board member residing within the state of
Washington. At least three members of the board shall be
admitted to practice law in this state, one each residing
respectively in the central Puget Sound, eastern Washington,
and western Washington regions. At least three members of
the board shall have been a city or county elected official, one
each residing respectively in the central Puget Sound, eastern
Washington, and western Washington regions. After expiration of the terms of board members on the previously existing
three growth management hearings boards, no more than four
members of the seven-member board may be members of the
same major political party. No more than two members at the
time of their appointment or during their term may reside in
the same county.
(2) Each member of the board shall be appointed for a
term of six years. A vacancy shall be filled by appointment
by the governor for the unexpired portion of the term in
which the vacancy occurs. Members of the previously existing three growth management hearings boards appointed
36.70A.250
[Title 36 RCW—page 203]
36.70A.252
Title 36 RCW: Counties
before July 1, 2010, shall complete their staggered, six-year
terms as members of the growth management hearings board
created under subsection (1) of this section. The reduction
from nine board members on the previously existing three
growth management hearings boards to seven total members
on the growth management hearings board shall be made
through attrition, voluntary resignation, or retirement. [2010
c 211 § 4; 1994 c 249 § 29; 1991 sp.s. c 32 § 5.]
Effective date—2010 c 211: "This act takes effect July 1, 2010." [2010
c 211 § 18.]
Transfer of power, duties, and functions—2010 c 211: "(1) The three
growth management hearings boards are abolished and their powers, duties,
and functions are transferred to the growth management hearings board.
(2) All reports, documents, surveys, books, records, files, papers, or
written material in the possession of the three growth management hearings
boards must be delivered to the custody of the growth management hearings
board. All office furnishings, office equipment, motor vehicles, and other
tangible property in the possession of the three growth management hearings
boards must be made available to the growth management hearings board.
(3) All funds, credits, or other assets held by the three growth management hearings boards must, on July 1, 2010, be transferred to the growth
management hearings board. Any appropriations made to the three growth
management hearings boards must, on July 1, 2010, be transferred and credited to the growth management hearings board. If any question arises as to
the transfer of any personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director
of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(4) All employees of the three growth management hearings boards are
transferred to the growth management hearings board. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to
the growth management hearings board to perform their usual duties upon
the same terms as formerly, without any loss of rights, subject to any action
that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(5) This section may not be construed to alter any existing collective
bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been
modified by action of the public employment relations commission as provided by law.
(6) All rules and pending business before the three growth management
hearings boards must be continued and acted upon by the growth management hearings board. All existing contracts and obligations remain in full
force and must be performed by the growth management hearings board.
(7) The transfer of the powers, duties, functions, and personnel of the
three growth management hearings boards to the growth management hearings board does not affect the validity of any act performed before July 1,
2010.
(8) All cases decided and all orders previously issued by the three
growth management hearings boards remain in full force and effect and are
not affected by this act." [2010 c 211 § 17.]
Additional notes found at www.leg.wa.gov
36.70A.252 Growth management hearings board—
Consolidation into environmental and land use hearings
office. (Effective July 1, 2011.) (1) On July 1, 2011, the
growth management hearings board is administratively consolidated into the environmental and land use hearings office
created in RCW 43.21B.005.
(2) Not later than July 1, 2012, the growth management
hearings board consists of seven members qualified by experience or training in matters pertaining to land use law or land
use planning, except that the governor may reduce the board
to six members if warranted by the board’s caseload. All
board members must be appointed by the governor, two each
residing respectively in the central Puget Sound, eastern
Washington, and western Washington regions and shall continue to meet the qualifications set out in *RCW 36.70A.260.
36.70A.252
[Title 36 RCW—page 204]
The reduction from seven board members to six board members must be made through attrition, voluntary resignation, or
retirement. [2010 c 210 § 15.]
*Reviser’s note: RCW 36.70A.260 was amended by 2010 c 211 § 5,
eliminating the reference to board member qualifications. 2010 c 211 § 4
added board member qualifications to RCW 36.70A.250.
Intent—Effective dates—Application—Pending cases and rules—
2010 c 210: See notes following RCW 43.21B.001.
36.70A.260 Growth management hearings board—
Regional panels. (1) Each petition for review that is filed
with the growth management hearings board shall be heard
and decided by a regional panel of growth management hearings board members. Regional panels shall be constituted as
follows:
(a) Central Puget Sound region. A three-member central
Puget Sound panel shall be selected to hear matters pertaining to cities and counties located within the region comprised
of King, Pierce, Snohomish, and Kitsap counties.
(b) Eastern Washington region. A three-member eastern
Washington panel shall be selected to hear matters pertaining
to cities and counties that are required or choose to plan under
RCW 36.70A.040 and are located east of the crest of the Cascade mountains.
(c) Western Washington region. A three-member western Washington panel shall be selected to hear matters pertaining to cities and counties that are required or choose to
plan under RCW 36.70A.040, are located west of the crest of
the Cascade mountains, and are not included in the central
Puget Sound region. Skamania county, if it is required or
chooses to plan under RCW 36.70A.040, may elect to be
included within either the western Washington region or the
eastern Washington region.
(2)(a) Each regional panel selected to hear and decide
cases shall consist of three board members, at least a majority
of whom shall reside within the region in which the case
arose, unless such members cannot sit on a particular case
because of recusal or disqualification, or unless the board
administrative officer determines that there is an emergency
including, but not limited to, the unavailability of a board
member due to illness, absence, vacancy, or significant workload imbalance. The presiding officer of each case shall
reside within the region in which the case arose, unless the
board administrative officer determines that there is an emergency.
(b) Except as provided otherwise in this subsection
(2)(b), each regional panel must: (i) Include one member
admitted to practice law in this state; (ii) include one member
who has been a city or county elected official; and (iii) reflect
the political composition of the board. The requirements of
this subsection (2)(b) may be waived by the board administrative officer due to member unavailability, significant
workload imbalances, or other reasons. [2010 c 211 § 5;
1994 c 249 § 30; 1991 sp.s. c 32 § 6.]
36.70A.260
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Additional notes found at www.leg.wa.gov
36.70A.270 Growth management hearings board—
Conduct, procedure, and compensation. The growth man36.70A.270
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
agement hearings board shall be governed by the following
rules on conduct and procedure:
(1) Any board member may be removed for inefficiency,
malfeasance, and misfeasance in office, under specific written charges filed by the governor. The governor shall transmit such written charges to the member accused and the chief
justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the
superior court to hear and adjudicate the charges. Removal
of any member of the board by the tribunal shall disqualify
such member for reappointment.
(2) Each board member shall receive reimbursement for
travel expenses incurred in the discharge of his or her duties
in accordance with RCW 43.03.050 and 43.03.060. Each
member shall receive an annual salary to be determined by
the governor pursuant to RCW 43.03.040. The principal
office of the board shall be located in Olympia.
(3) Each board member shall not: (a) Be a candidate for
or hold any other public office or trust; (b) engage in any
occupation or business interfering with or inconsistent with
his or her duty as a board member; and (c) for a period of one
year after the termination of his or her board membership, act
in a representative capacity before the board on any matter.
(4) A majority of the board shall constitute a quorum for
adopting rules necessary for the conduct of its powers and
duties or transacting other official business, and may act even
though one position of the board is vacant. One or more
members may hold hearings and take testimony to be
reported for action by the board when authorized by rule or
order of the board. The board shall perform all the powers
and duties specified in this chapter or as otherwise provided
by law.
(5) The board may use one or more hearing examiners to
assist the board in its hearing function, to make conclusions
of law and findings of fact and, if requested by the board, to
make recommendations to the board for decisions in cases
before the board. Such hearing examiners must have demonstrated knowledge of land use planning and law. The board
shall specify in its rules of practice and procedure, as required
by subsection (7) of this section, the procedure and criteria to
be employed for designating hearing examiners as a presiding officer. Hearing examiners used by the board shall meet
the requirements of subsection (3) of this section. The findings and conclusions of the hearing examiner shall not
become final until they have been formally approved by the
board. This authorization to use hearing examiners does not
waive the requirement of RCW 36.70A.300 that final orders
be issued within one hundred eighty days of board receipt of
a petition.
(6) The board shall make findings of fact and prepare a
written decision in each case decided by it, and such findings
and decision shall be effective upon being signed by two or
more members of the regional panel deciding the particular
case and upon being filed at the board’s principal office, and
shall be open for public inspection at all reasonable times.
(7) All proceedings before the board, any of its members,
or a hearing examiner appointed by the board shall be conducted in accordance with such administrative rules of practice and procedure as the board prescribes. The board shall
develop and adopt rules of practice and procedure, including
rules regarding expeditious and summary disposition of
(2010 Ed.)
36.70A.280
appeals and the assignment of cases to regional panels. The
board shall publish such rules and decisions it renders and
arrange for the reasonable distribution of the rules and decisions. Except as it conflicts with specific provisions of this
chapter, the administrative procedure act, chapter 34.05
RCW, and specifically including the provisions of RCW
34.05.455 governing ex parte communications, shall govern
the practice and procedure of the board.
(8) A board member or hearing examiner is subject to
disqualification under chapter 34.05 RCW. The rules of
practice of the board shall establish procedures by which a
party to a hearing conducted before the board may file with
the board a motion to disqualify, with supporting affidavit,
against a board member or hearing examiner assigned to preside at the hearing.
(9) All members of the board shall meet on at least an
annual basis with the objective of sharing information that
promotes the goals and purposes of this chapter.
(10) The board shall annually elect one of its members to
be the board administrative officer. The duties and responsibilities of the administrative officer include handling day-today administrative, budget, and personnel matters on behalf
of the board, together with making case assignments to board
members in accordance with the board’s rules of procedure in
order to achieve a fair and balanced workload among all
board members. The administrative officer of the board may
carry a reduced caseload to allow time for performing the
administrative work functions. [2010 c 211 § 6; 2010 c 210
§ 16; 1997 c 429 § 11; 1996 c 325 § 1; 1994 c 257 § 1; 1991
sp.s. c 32 § 7.]
Reviser’s note: This section was amended by 2010 c 210 § 16 and by
2010 c 211 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Intent—Effective dates—Application—Pending cases and rules—
2010 c 210: See notes following RCW 43.21B.001.
Additional notes found at www.leg.wa.gov
36.70A.280 Growth management hearings board—
Matters subject to review. (1) The growth management
hearings board shall hear and determine only those petitions
alleging either:
(a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter,
chapter 90.58 RCW as it relates to the adoption of shoreline
master programs or amendments thereto, or chapter 43.21C
RCW as it relates to plans, development regulations, or
amendments, adopted under RCW 36.70A.040 or chapter
90.58 RCW. Nothing in this subsection authorizes the board
to hear petitions alleging noncompliance with RCW
36.70A.5801; or
(b) That the twenty-year growth management planning
population projections adopted by the office of financial
management pursuant to RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by: (a) The state, or a
county or city that plans under this chapter; (b) a person who
has participated orally or in writing before the county or city
regarding the matter on which a review is being requested; (c)
36.70A.280
[Title 36 RCW—page 205]
36.70A.290
Title 36 RCW: Counties
a person who is certified by the governor within sixty days of
filing the request with the board; or (d) a person qualified
pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency,
governmental subdivision or unit thereof, or public or private
organization or entity of any character.
(4) To establish participation standing under subsection
(2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to
the person’s issue as presented to the board.
(5) When considering a possible adjustment to a growth
management planning population projection prepared by the
office of financial management, the board shall consider the
implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by the
board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by the board, a county growth management
planning population projection shall only be used for the
planning purposes set forth in this chapter and shall be known
as the "board adjusted population projection." None of these
changes shall affect the official state and county population
forecasts prepared by the office of financial management,
which shall continue to be used for state budget and planning
purposes. [2010 c 211 § 7; 2008 c 289 § 5; 2003 c 332 § 2;
1996 c 325 § 2; 1995 c 347 § 108; 1994 c 249 § 31; 1991 sp.s.
c 32 § 9.]
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Findings—Application—2008 c 289: See notes following RCW
36.70A.580.
Intent—2003 c 332: "This act is intended to codify the Washington
State Court of Appeals holding in Wells v. Western Washington Growth
Management Hearings Board, 100 Wn. App. 657 (2000), by mandating that
to establish participation standing under the growth management act, a person must show that his or her participation before the county or city was reasonably related to the person’s issue as presented to the growth management
hearings board." [2003 c 332 § 1.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
prehensive plan or development regulations, or amendment
thereto, as is required to be published.
(b) Promptly after adoption, a county shall publish a
notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
Except as provided in (c) of this subsection, for purposes
of this section the date of publication for a county shall be the
date the county publishes the notice that it has adopted the
comprehensive plan or development regulations, or amendment thereto.
(c) For local governments planning under RCW
36.70A.040, promptly after approval or disapproval of a local
government’s shoreline master program or amendment
thereto by the department of ecology as provided in RCW
90.58.090, the local government shall publish a notice that
the shoreline master program or amendment thereto has been
approved or disapproved by the department of ecology. For
purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date
the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.
(3) Unless the board dismisses the petition as frivolous
or finds that the person filing the petition lacks standing, or
the parties have filed an agreement to have the case heard in
superior court as provided in RCW 36.70A.295, the board
shall, within ten days of receipt of the petition, set a time for
hearing the matter.
(4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with
additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.
(5) The board, shall consolidate, when appropriate, all
petitions involving the review of the same comprehensive
plan or the same development regulation or regulations.
[2010 c 211 § 8; 1997 c 429 § 12; 1995 c 347 § 109. Prior:
1994 c 257 § 2; 1994 c 249 § 26; 1991 sp.s. c 32 § 10.]
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
36.70A.290 Growth management hearings board—
Petitions—Evidence. (1) All requests for review to the
growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board. The board shall render
written decisions articulating the basis for its holdings. The
board shall not issue advisory opinions on issues not presented to the board in the statement of issues, as modified by
any prehearing order.
(2) All petitions relating to whether or not an adopted
comprehensive plan, development regulation, or permanent
amendment thereto, is in compliance with the goals and
requirements of this chapter or chapter 90.58 or 43.21C RCW
must be filed within sixty days after publication by the legislative bodies of the county or city.
(a) Except as provided in (c) of this subsection, the date
of publication for a city shall be the date the city publishes the
ordinance, or summary of the ordinance, adopting the com36.70A.290
[Title 36 RCW—page 206]
36.70A.295 Growth management hearings board—
Direct judicial review. (1) The superior court may directly
review a petition for review filed under RCW 36.70A.290 if
all parties to the proceeding before the board have agreed to
direct review in the superior court. The agreement of the parties shall be in writing and signed by all of the parties to the
proceeding or their designated representatives. The agreement shall include the parties’ agreement to proper venue as
provided in RCW 36.70A.300(5). The parties shall file their
agreement with the board within ten days after the date the
petition is filed, or if multiple petitions have been filed and
the board has consolidated the petitions pursuant to RCW
36.70A.300, within ten days after the board serves its order of
consolidation.
(2) Within ten days of receiving the timely and complete
agreement of the parties, the board shall file a certificate of
agreement with the designated superior court and shall serve
36.70A.295
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
the parties with copies of the certificate. The superior court
shall obtain exclusive jurisdiction over a petition when it
receives the certificate of agreement. With the certificate of
agreement the board shall also file the petition for review,
any orders entered by the board, all other documents in the
board’s files regarding the action, and the written agreement
of the parties.
(3) For purposes of a petition that is subject to direct
review, the superior court’s subject matter jurisdiction shall
be equivalent to that of the board. Consistent with the
requirements of the superior court civil rules, the superior
court may consolidate a petition subject to direct review
under this section with a separate action filed in the superior
court.
(4)(a) Except as otherwise provided in (b) and (c) of this
subsection, the provisions of RCW 36.70A.280 through
36.70A.330, which specify the nature and extent of board
review, shall apply to the superior court’s review.
(b) The superior court:
(i) Shall not have jurisdiction to directly review or modify an office of financial management population projection;
(ii) Except as otherwise provided in RCW
36.70A.300(2)(b), shall render its decision on the petition
within one hundred eighty days of receiving the certification
of agreement; and
(iii) Shall give a compliance hearing under RCW
36.70A.330(2) the highest priority of all civil matters before
the court.
(c) An aggrieved party may secure appellate review of a
final judgment of the superior court under this section by the
supreme court or the court of appeals. The review shall be
secured in the manner provided by law for review of superior
court decisions in other civil cases.
(5) If, following a compliance hearing, the court finds
that the state agency, county, or city is not in compliance with
the court’s prior order, the court may use its remedial and
contempt powers to enforce compliance.
(6) The superior court shall transmit a copy of its decision and order on direct review to the board, the department,
and the governor. If the court has determined that a county or
city is not in compliance with the provisions of this chapter,
the governor may impose sanctions against the county or city
in the same manner as if the board had recommended the
imposition of sanctions as provided in RCW 36.70A.330.
(7) After the court has assumed jurisdiction over a petition for review under this section, the superior court civil
rules shall govern a request for intervention and all other procedural matters not specifically provided for in this section.
[2010 c 211 § 9; 1997 c 429 § 13.]
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Additional notes found at www.leg.wa.gov
36.70A.300 Final orders. (1) The board shall issue a
final order that shall be based exclusively on whether or not a
state agency, county, or city is in compliance with the
requirements of this chapter, chapter 90.58 RCW as it relates
to adoption or amendment of shoreline master programs, or
chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW
36.70A.040 or chapter 90.58 RCW.
36.70A.302
(2)(a) Except as provided in (b) of this subsection, the
final order shall be issued within one hundred eighty days of
receipt of the petition for review, or, if multiple petitions are
filed, within one hundred eighty days of receipt of the last
petition that is consolidated.
(b) The board may extend the period of time for issuing
a decision to enable the parties to settle the dispute if additional time is necessary to achieve a settlement, and (i) an
extension is requested by all parties, or (ii) an extension is
requested by the petitioner and respondent and the board
determines that a negotiated settlement between the remaining parties could resolve significant issues in dispute. The
request must be filed with the board not later than seven days
before the date scheduled for the hearing on the merits of the
petition. The board may authorize one or more extensions for
up to ninety days each, subject to the requirements of this section.
(3) In the final order, the board shall either:
(a) Find that the state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58
RCW as it relates to the adoption or amendment of shoreline
master programs, or chapter 43.21C RCW as it relates to
adoption of plans, development regulations, and amendments
thereto, under RCW 36.70A.040 or chapter 90.58 RCW; or
(b) Find that the state agency, county, or city is not in
compliance with the requirements of this chapter, chapter
90.58 RCW as it relates to the adoption or amendment of
shoreline master programs, or chapter 43.21C RCW as it
relates to adoption of plans, development regulations, and
amendments thereto, under RCW 36.70A.040 or chapter
90.58 RCW, in which case the board shall remand the matter
to the affected state agency, county, or city. The board shall
specify a reasonable time not in excess of one hundred eighty
days, or such longer period as determined by the board in
cases of unusual scope or complexity, within which the state
agency, county, or city shall comply with the requirements of
this chapter. The board may require periodic reports to the
board on the progress the jurisdiction is making towards
compliance.
(4) Unless the board makes a determination of invalidity
as provided in RCW 36.70A.302, a finding of noncompliance
and an order of remand shall not affect the validity of comprehensive plans and development regulations during the
period of remand.
(5) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of
the final order of the board. [1997 c 429 § 14; 1995 c 347 §
110; 1991 sp.s. c 32 § 11.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
36.70A.300
(2010 Ed.)
36.70A.302 Growth management hearings board—
Determination of invalidity—Vesting of development
permits—Interim controls. (1) The board may determine
that part or all of a comprehensive plan or development regulations are invalid if the board:
(a) Makes a finding of noncompliance and issues an
order of remand under RCW 36.70A.300;
36.70A.302
[Title 36 RCW—page 207]
36.70A.305
Title 36 RCW: Counties
(b) Includes in the final order a determination, supported
by findings of fact and conclusions of law, that the continued
validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of this
chapter; and
(c) Specifies in the final order the particular part or parts
of the plan or regulation that are determined to be invalid, and
the reasons for their invalidity.
(2) A determination of invalidity is prospective in effect
and does not extinguish rights that vested under state or local
law before receipt of the board’s order by the city or county.
The determination of invalidity does not apply to a completed
development permit application for a project that vested
under state or local law before receipt of the board’s order by
the county or city or to related construction permits for that
project.
(3)(a) Except as otherwise provided in subsection (2) of
this section and (b) of this subsection, a development permit
application not vested under state or local law before receipt
of the board’s order by the county or city vests to the local
ordinance or resolution that is determined by the board not to
substantially interfere with the fulfillment of the goals of this
chapter.
(b) Even though the application is not vested under state
or local law before receipt by the county or city of the board’s
order, a determination of invalidity does not apply to a development permit application for:
(i) A permit for construction by any owner, lessee, or
contract purchaser of a single-family residence for his or her
own use or for the use of his or her family on a lot existing
before receipt by the county or city of the board’s order,
except as otherwise specifically provided in the board’s order
to protect the public health and safety;
(ii) A building permit and related construction permits
for remodeling, tenant improvements, or expansion of an
existing structure on a lot existing before receipt of the
board’s order by the county or city; and
(iii) A boundary line adjustment or a division of land that
does not increase the number of buildable lots existing before
receipt of the board’s order by the county or city.
(4) If the ordinance that adopts a plan or development
regulation under this chapter includes a savings clause
intended to revive prior policies or regulations in the event
the new plan or regulations are determined to be invalid, the
board shall determine under subsection (1) of this section
whether the prior policies or regulations are valid during the
period of remand.
(5) A county or city subject to a determination of invalidity may adopt interim controls and other measures to be in
effect until it adopts a comprehensive plan and development
regulations that comply with the requirements of this chapter.
A development permit application may vest under an interim
control or measure upon determination by the board that the
interim controls and other measures do not substantially
interfere with the fulfillment of the goals of this chapter.
(6) A county or city subject to a determination of invalidity may file a motion requesting that the board clarify, modify, or rescind the order. The board shall expeditiously
schedule a hearing on the motion. At the hearing on the
motion, the parties may present information to the board to
clarify the part or parts of the comprehensive plan or develop[Title 36 RCW—page 208]
ment regulations to which the final order applies. The board
shall issue any supplemental order based on the information
provided at the hearing not later than thirty days after the date
of the hearing.
(7)(a) If a determination of invalidity has been made and
the county or city has enacted an ordinance or resolution
amending the invalidated part or parts of the plan or regulation or establishing interim controls on development affected
by the order of invalidity, after a compliance hearing, the
board shall modify or rescind the determination of invalidity
if it determines under the standard in subsection (1) of this
section that the plan or regulation, as amended or made subject to such interim controls, will no longer substantially
interfere with the fulfillment of the goals of this chapter.
(b) If the board determines that part or parts of the plan
or regulation are no longer invalid as provided in this subsection, but does not find that the plan or regulation is in compliance with all of the requirements of this chapter, the board, in
its order, may require periodic reports to the board on the
progress the jurisdiction is making towards compliance.
[2010 c 211 § 10; 1997 c 429 § 16.]
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Additional notes found at www.leg.wa.gov
36.70A.305 Expedited review. The court shall provide
expedited review of a determination of invalidity or an order
effectuating a determination of invalidity made or issued
under *RCW 36.70A.300. The matter must be set for hearing
within sixty days of the date set for submitting the board’s
record, absent a showing of good cause for a different date or
a stipulation of the parties. [1996 c 325 § 4.]
36.70A.305
*Reviser’s note: The reference to RCW 36.70A.300 appears to refer to
the amendments made by 1996 c 325 § 3, which was vetoed by the governor.
Additional notes found at www.leg.wa.gov
36.70A.310 Growth management hearings board—
Limitations on appeal by the state. A request for review by
the state to the growth management hearings board may be
made only by the governor, or with the governor’s consent
the head of an agency, or by the commissioner of public lands
as relating to state trust lands, for the review of whether: (1)
A county or city that is required or chooses to plan under
RCW 36.70A.040 has failed to adopt a comprehensive plan
or development regulations, or countywide planning policies
within the time limits established by this chapter; or (2) a
county or city that is required or chooses to plan under this
chapter has adopted a comprehensive plan, development regulations, or countywide planning policies, that are not in
compliance with the requirements of this chapter. [2010 c
211 § 11; 1994 c 249 § 32; 1991 sp.s. c 32 § 12.]
36.70A.310
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Additional notes found at www.leg.wa.gov
36.70A.320 Presumption of validity—Burden of
proof—Plans and regulations. (1) Except as provided in
subsection (5) of this section, comprehensive plans and
development regulations, and amendments thereto, adopted
under this chapter are presumed valid upon adoption.
36.70A.320
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
(2) Except as otherwise provided in subsection (4) of this
section, the burden is on the petitioner to demonstrate that
any action taken by a state agency, county, or city under this
chapter is not in compliance with the requirements of this
chapter.
(3) In any petition under this chapter, the board, after full
consideration of the petition, shall determine whether there is
compliance with the requirements of this chapter. In making
its determination, the board shall consider the criteria adopted
by the department under RCW 36.70A.190(4). The board
shall find compliance unless it determines that the action by
the state agency, county, or city is clearly erroneous in view
of the entire record before the board and in light of the goals
and requirements of this chapter.
(4) A county or city subject to a determination of invalidity made under RCW 36.70A.300 or 36.70A.302 has the
burden of demonstrating that the ordinance or resolution it
has enacted in response to the determination of invalidity will
no longer substantially interfere with the fulfillment of the
g o a l s o f t h is c h a p t er u n d e r t h e s ta n d a r d i n R C W
36.70A.302(1).
(5) The shoreline element of a comprehensive plan and
the applicable development regulations adopted by a county
or city shall take effect as provided in chapter 90.58 RCW.
[1997 c 429 § 20; 1995 c 347 § 111; 1991 sp.s. c 32 § 13.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
36.70A.3201 Growth management hearings board—
Legislative intent and finding. The legislature intends that
the board applies a more deferential standard of review to
actions of counties and cities than the preponderance of the
evidence standard provided for under existing law. In recognition of the broad range of discretion that may be exercised
by counties and cities consistent with the requirements of this
chapter, the legislature intends for the board to grant deference to counties and cities in how they plan for growth, consistent with the requirements and goals of this chapter. Local
comprehensive plans and development regulations require
counties and cities to balance priorities and options for action
in full consideration of local circumstances. The legislature
finds that while this chapter requires local planning to take
place within a framework of state goals and requirements, the
ultimate burden and responsibility for planning, harmonizing
the planning goals of this chapter, and implementing a
county’s or city’s future rests with that community. [2010 c
211 § 12; 1997 c 429 § 2.]
36.70A.3201
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Additional notes found at www.leg.wa.gov
36.70A.330 Noncompliance. (1) After the time set for
complying with the requirements of this chapter under RCW
36.70A.300(3)(b) has expired, or at an earlier time upon the
motion of a county or city subject to a determination of invalidity under RCW 36.70A.300, the board shall set a hearing
for the purpose of determining whether the state agency,
county, or city is in compliance with the requirements of this
chapter.
36.70A.330
(2010 Ed.)
36.70A.340
(2) The board shall conduct a hearing and issue a finding
of compliance or noncompliance with the requirements of
this chapter and with any compliance schedule established by
the board in its final order. A person with standing to challenge the legislation enacted in response to the board’s final
order may participate in the hearing along with the petitioner
and the state agency, county, or city. A hearing under this
subsection shall be given the highest priority of business to be
conducted by the board, and a finding shall be issued within
forty-five days of the filing of the motion under subsection
(1) of this section with the board. The board shall issue any
order necessary to make adjustments to the compliance
schedule and set additional hearings as provided in subsection (5) of this section.
(3) If the board after a compliance hearing finds that the
state agency, county, or city is not in compliance, the board
shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this
chapter be imposed. The board shall take into consideration
the county’s or city’s efforts to meet its compliance schedule
in making the decision to recommend sanctions to the governor.
(4) In a compliance hearing upon petition of a party, the
board shall also reconsider its final order and decide, if no
determination of invalidity has been made, whether one now
should be made under RCW 36.70A.302.
(5) The board shall schedule additional hearings as
appropriate pursuant to subsections (1) and (2) of this section.
[1997 c 429 § 21; 1995 c 347 § 112; 1991 sp.s. c 32 § 14.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
36.70A.335 Order of invalidity issued before July 27,
1997. A county or city subject to an order of invalidity issued
before July 27, 1997, by motion may request the board to
review the order of invalidity in light of the section 14, chapter 429, Laws of 1997 amendments to RCW 36.70A.300, the
section 21, chapter 429, Laws of 1997 amendments to RCW
36.70A.330, and RCW 36.70A.302. If a request is made, the
board shall rescind or modify the order of invalidity as necessary to make it consistent with the section 14, chapter 429,
Laws of 1997 amendments to RCW 36.70A.300, and to the
section 21, chapter 429, Laws of 1997 amendments to RCW
36.70A.330, and RCW 36.70A.302. [1997 c 429 § 22.]
36.70A.335
Additional notes found at www.leg.wa.gov
36.70A.340 Noncompliance and sanctions. Upon
receipt from the board of a finding that a state agency,
county, or city is in noncompliance under RCW 36.70A.330,
or as a result of failure to meet the requirements of RCW
36.70A.210, the governor may either:
(1) Notify and direct the director of the office of financial management to revise allotments in appropriation levels;
(2) Notify and direct the state treasurer to withhold the
portion of revenues to which the county or city is entitled
under one or more of the following: The motor vehicle fuel
tax, as provided in chapter 82.36 RCW; the transportation
improvement account, as provided in RCW 47.26.084; the
urban arterial trust account, as provided in RCW 47.26.080;
36.70A.340
[Title 36 RCW—page 209]
36.70A.345
Title 36 RCW: Counties
the rural arterial trust account, as provided in RCW
36.79.150; the sales and use tax, as provided in chapter 82.14
RCW; the liquor profit tax, as provided in RCW 66.08.190;
and the liquor excise tax, as provided in RCW 82.08.170; or
(3) File a notice of noncompliance with the secretary of
state and the county or city, which shall temporarily rescind
the county or city’s authority to collect the real estate excise
tax under RCW 82.46.030 until the governor files a notice
rescinding the notice of noncompliance. [1991 sp.s. c 32 §
26.]
36.70A.345 Sanctions. The governor may impose a
sanction or sanctions specified under RCW 36.70A.340 on:
(1) A county or city that fails to designate critical areas, agricultural lands, forest lands, or mineral resource lands under
RCW 36.70A.170 by the date such action was required to
have been taken; (2) a county or city that fails to adopt development regulations under RCW 36.70A.060 protecting critical areas or conserving agricultural lands, forest lands, or
mineral resource lands by the date such action was required
to have been taken; (3) a county that fails to designate urban
growth areas under RCW 36.70A.110 by the date such action
was required to have been taken; and (4) a county or city that
fails to adopt its comprehensive plan or development regulations when such actions are required to be taken.
Imposition of a sanction or sanctions under this section
shall be preceded by written findings by the governor, that
either the county or city is not proceeding in good faith to
meet the requirements of the act; or that the county or city has
unreasonably delayed taking the required action. The governor shall consult with and communicate his or her findings to
the growth management hearings board prior to imposing the
sanction or sanctions. For those counties or cities that are not
required to plan or have not opted in, the governor in imposing sanctions shall consider the size of the jurisdiction relative to the requirements of this chapter and the degree of technical and financial assistance provided. [2010 c 211 § 13;
1994 c 249 § 33; 1993 sp.s. c 6 § 5.]
36.70A.345
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Additional notes found at www.leg.wa.gov
36.70A.350 New fully contained communities. A
county required or choosing to plan under RCW 36.70A.040
may establish a process as part of its urban growth areas, that
are designated under RCW 36.70A.110, for reviewing proposals to authorize new fully contained communities located
outside of the initially designated urban growth areas.
(1) A new fully contained community may be approved
in a county planning under this chapter if criteria including
but not limited to the following are met:
(a) New infrastructure is provided for and impact fees
are established consistent with the requirements of RCW
82.02.050;
(b) Transit-oriented site planning and traffic demand
management programs are implemented;
(c) Buffers are provided between the new fully contained
communities and adjacent urban development;
(d) A mix of uses is provided to offer jobs, housing, and
services to the residents of the new community;
36.70A.350
[Title 36 RCW—page 210]
(e) Affordable housing is provided within the new community for a broad range of income levels;
(f) Environmental protection has been addressed and
provided for;
(g) Development regulations are established to ensure
urban growth will not occur in adjacent nonurban areas;
(h) Provision is made to mitigate impacts on designated
agricultural lands, forest lands, and mineral resource lands;
(i) The plan for the new fully contained community is
consistent with the development regulations established for
the protection of critical areas by the county pursuant to
RCW 36.70A.170.
(2) New fully contained communities may be approved
outside established urban growth areas only if a county
reserves a portion of the twenty-year population projection
and offsets the urban growth area accordingly for allocation
to new fully contained communities that meet the requirements of this chapter. Any county electing to establish a new
community reserve shall do so no more often than once every
five years as a part of the designation or review of urban
growth areas required by this chapter. The new community
reserve shall be allocated on a project-by-project basis, only
after specific project approval procedures have been adopted
pursuant to this chapter as a development regulation. When a
new community reserve is established, urban growth areas
designated pursuant to this chapter shall accommodate the
unreserved portion of the twenty-year population projection.
Final approval of an application for a new fully contained community shall be considered an adopted amendment
to the comprehensive plan prepared pursuant to RCW
36.70A.070 designating the new fully contained community
as an urban growth area. [1991 sp.s. c 32 § 16.]
36.70A.360 Master planned resorts. (1) Counties that
are required or choose to plan under RCW 36.70A.040 may
permit master planned resorts which may constitute urban
growth outside of urban growth areas as limited by this section. A master planned resort means a self-contained and
fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination
resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or
outdoor recreational facilities.
(2) Capital facilities, utilities, and services, including
those related to sewer, water, storm water, security, fire suppression, and emergency medical, provided on-site shall be
limited to meeting the needs of the master planned resort.
Such facilities, utilities, and services may be provided to a
master planned resort by outside service providers, including
municipalities and special purpose districts, provided that all
costs associated with service extensions and capacity
increases directly attributable to the master planned resort are
fully borne by the resort. A master planned resort and service
providers may enter into agreements for shared capital facilities and utilities, provided that such facilities and utilities
serve only the master planned resort or urban growth areas.
Nothing in this subsection may be construed as: Establishing an order of priority for processing applications for
water right permits, for granting such permits, or for issuing
certificates of water right; altering or authorizing in any manner the alteration of the place of use for a water right; or
36.70A.360
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
affecting or impairing in any manner whatsoever an existing
water right.
All waters or the use of waters shall be regulated and
controlled as provided in chapters 90.03 and 90.44 RCW and
not otherwise.
(3) A master planned resort may include other residential
uses within its boundaries, but only if the residential uses are
integrated into and support the on-site recreational nature of
the resort.
(4) A master planned resort may be authorized by a
county only if:
(a) The comprehensive plan specifically identifies policies to guide the development of master planned resorts;
(b) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban
land uses in the vicinity of the master planned resort, except
in areas otherwise designated for urban growth under RCW
36.70A.110;
(c) The county includes a finding as a part of the
approval process that the land is better suited, and has more
long-term importance, for the master planned resort than for
the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated as
forest land or agricultural land under RCW 36.70A.170;
(d) The county ensures that the resort plan is consistent
with the development regulations established for critical
areas; and
(e) On-site and off-site infrastructure and service
impacts are fully considered and mitigated. [1998 c 112 § 2;
1991 sp.s. c 32 § 17.]
Intent—1998 c 112: "The primary intent of this act is to give effect to
recommendations by the 1994 department of community, trade, and economic development’s master planned resort task force by clarifying that
master planned resorts may make use of capital facilities, utilities, and services provided by outside service providers, and may enter into agreements
for shared facilities with such providers, when all costs directly attributable
to the resort, including capacity increases, are fully borne by the resort."
[1998 c 112 § 1.]
36.70A.362 Master planned resorts—Existing resort
may be included. Counties that are required or choose to
plan under RCW 36.70A.040 may include existing resorts as
master planned resorts which may constitute urban growth
outside of urban growth areas as limited by this section. An
existing resort means a resort in existence on July 1, 1990,
and developed, in whole or in part, as a significantly self-contained and integrated development that includes short-term
visitor accommodations associated with a range of indoor
and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. An existing
resort may include other permanent residential uses, conference facilities, and commercial activities supporting the
resort, but only if these other uses are integrated into and consistent with the on-site recreational nature of the resort.
An existing resort may be authorized by a county only if:
(1) The comprehensive plan specifically identifies policies to guide the development of the existing resort;
(2) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban
land uses in the vicinity of the existing resort, except in areas
otherwise designated for urban growth under RCW
36.70A.110 and *36.70A.360(1);
36.70A.362
(2010 Ed.)
36.70A.365
(3) The county includes a finding as a part of the
approval process that the land is better suited, and has more
long-term importance, for the existing resort than for the
commercial harvesting of timber or agricultural production,
if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170;
(4) The county finds that the resort plan is consistent
with the development regulations established for critical
areas; and
(5) On-site and off-site infrastructure impacts are fully
considered and mitigated.
A county may allocate a portion of its twenty-year population projection, prepared by the office of financial management, to the master planned resort corresponding to the projected number of permanent residents within the master
planned resort. [1997 c 382 § 1.]
*Reviser’s note: RCW 36.70A.360 was amended by 1998 c 112 § 2,
changing subsection (1) to subsection (4)(a).
36.70A.365 Major industrial developments. A county
required or choosing to plan under RCW 36.70A.040 may
establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for reviewing and
approving proposals to authorize siting of specific major
industrial developments outside urban growth areas.
(1) "Major industrial development" means a master
planned location for a specific manufacturing, industrial, or
commercial business that: (a) Requires a parcel of land so
large that no suitable parcels are available within an urban
growth area; or (b) is a natural resource-based industry
requiring a location near agricultural land, forest land, or
mineral resource land upon which it is dependent. The major
industrial development shall not be for the purpose of retail
commercial development or multitenant office parks.
(2) A major industrial development may be approved
outside an urban growth area in a county planning under this
chapter if criteria including, but not limited to the following,
are met:
(a) New infrastructure is provided for and/or applicable
impact fees are paid;
(b) Transit-oriented site planning and traffic demand
management programs are implemented;
(c) Buffers are provided between the major industrial
development and adjacent nonurban areas;
(d) Environmental protection including air and water
quality has been addressed and provided for;
(e) Development regulations are established to ensure
that urban growth will not occur in adjacent nonurban areas;
(f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource
lands;
(g) The plan for the major industrial development is consistent with the county’s development regulations established
for protection of critical areas; and
(h) An inventory of developable land has been conducted
and the county has determined and entered findings that land
suitable to site the major industrial development is unavailable within the urban growth area. Priority shall be given to
applications for sites that are adjacent to or in close proximity
to the urban growth area.
36.70A.365
[Title 36 RCW—page 211]
36.70A.367
Title 36 RCW: Counties
(3) Final approval of an application for a major industrial
development shall be considered an adopted amendment to
the comprehensive plan adopted pursuant to RCW
36.70A.070 designating the major industrial development
site on the land use map as an urban growth area. Final
approval of an application for a major industrial development
shall not be considered an amendment to the comprehensive
plan for the purposes of RCW 36.70A.130(2) and may be
considered at any time. [1995 c 190 § 1.]
36.70A.367 Major industrial developments—Master
planned locations. (1) In addition to the major industrial
development allowed under RCW 36.70A.365, a county
planning under RCW 36.70A.040 that meets the criteria in
subsection (5) of this section may establish, in consultation
with cities consistent with provisions of RCW 36.70A.210, a
process for designating a bank of no more than two master
planned locations for major industrial activity outside urban
growth areas.
(2) A master planned location for major industrial developments may be approved through a two-step process: Designation of an industrial land bank area in the comprehensive
plan; and subsequent approval of specific major industrial
developments through a local master plan process described
under subsection (3) of this section.
(a) The comprehensive plan must identify locations
suited to major industrial development due to proximity to
transportation or resource assets. The plan must identify the
maximum size of the industrial land bank area and any limitations on major industrial developments based on local limiting factors, but does not need to specify a particular parcel
or parcels of property or identify any specific use or user
except as limited by this section. In selecting locations for
the industrial land bank area, priority must be given to locations that are adjacent to, or in close proximity to, an urban
growth area.
(b) The environmental review for amendment of the
comprehensive plan must be at the programmatic level and,
in addition to a threshold determination, must include:
(i) An inventory of developable land as provided in
RCW 36.70A.365; and
(ii) An analysis of the availability of alternative sites
within urban growth areas and the long-term annexation feasibility of sites outside of urban growth areas.
(c) Final approval of an industrial land bank area under
this section must be by amendment to the comprehensive
plan adopted under RCW 36.70A.070, and the amendment is
exempt from the limitation of RCW 36.70A.130(2) and may
be considered at any time. Approval of a specific major
industrial development within the industrial land bank area
requires no further amendment of the comprehensive plan.
(3) In concert with the designation of an industrial land
bank area, a county shall also adopt development regulations
for review and approval of specific major industrial developments through a master plan process. The regulations governing the master plan process shall ensure, at a minimum,
that:
(a) Urban growth will not occur in adjacent nonurban
areas;
(b) Development is consistent with the county’s development regulations adopted for protection of critical areas;
36.70A.367
[Title 36 RCW—page 212]
(c) Required infrastructure is identified and provided
concurrent with development. Such infrastructure, however,
may be phased in with development;
(d) Transit-oriented site planning and demand management programs are specifically addressed as part of the master plan approval;
(e) Provision is made for addressing environmental protection, including air and water quality, as part of the master
plan approval;
(f) The master plan approval includes a requirement that
interlocal agreements between the county and service providers, including cities and special purpose districts providing
facilities or services to the approved master plan, be in place
at the time of master plan approval;
(g) A major industrial development is used primarily by
industrial and manufacturing businesses, and that the gross
floor area of all commercial and service buildings or facilities
locating within the major industrial development does not
exceed ten percent of the total gross floor area of buildings or
facilities in the development. The intent of this provision for
commercial or service use is to meet the needs of employees,
clients, customers, vendors, and others having business at the
industrial site, to attract and retain a quality workforce, and to
further other public objectives, such as trip reduction. These
uses may not be promoted to attract additional clientele from
the surrounding area. Commercial and service businesses
must be established concurrently with or subsequent to the
industrial or manufacturing businesses;
(h) New infrastructure is provided for and/or applicable
impact fees are paid to assure that adequate facilities are provided concurrently with the development. Infrastructure may
be achieved in phases as development proceeds;
(i) Buffers are provided between the major industrial
development and adjacent rural areas;
(j) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource
lands; and
(k) An open record public hearing is held before either
the planning commission or hearing examiner with notice
published at least thirty days before the hearing date and
mailed to all property owners within one mile of the site.
(4) For the purposes of this section:
(a) "Major industrial development" means a master
planned location suitable for manufacturing or industrial
businesses that: (i) Requires a parcel of land so large that no
suitable parcels are available within an urban growth area; (ii)
is a natural resource-based industry requiring a location near
agricultural land, forest land, or mineral resource land upon
which it is dependent; or (iii) requires a location with characteristics such as proximity to transportation facilities or
related industries such that there is no suitable location in an
urban growth area. The major industrial development may
not be for the purpose of retail commercial development or
multitenant office parks.
(b) "Industrial land bank" means up to two master
planned locations, each consisting of a parcel or parcels of
contiguous land, sufficiently large so as not to be readily
available within the urban growth area of a city, or otherwise
meeting the criteria contained in (a) of this subsection, suitable for manufacturing, industrial, or commercial businesses
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
and designated by the county through the comprehensive
planning process specifically for major industrial use.
(5) This section and the termination provisions specified
in subsection (6) of this section apply to a county that at the
time the process is established under subsection (1) of this
section:
(a) Has a population greater than two hundred fifty thousand and is part of a metropolitan area that includes a city in
another state with a population greater than two hundred fifty
thousand;
(b) Has a population greater than one hundred forty thousand and is adjacent to another country;
(c) Has a population greater than forty thousand but less
than seventy-five thousand and has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by twenty percent;
and
(i) Is bordered by the Pacific Ocean;
(ii) Is located in the Interstate 5 or Interstate 90 corridor;
or
(iii) Is bordered by Hood Canal;
(d) Is east of the Cascade divide; and
(i) Borders another state to the south; or
(ii) Is located wholly south of Interstate 90 and borders
the Columbia river to the east;
(e) Has an average population density of less than one
hundred persons per square mile as determined by the office
of financial management, and is bordered by the Pacific
Ocean and by Hood Canal; or
(f) Meets all of the following criteria:
(i) Has a population greater than forty thousand but
fewer than eighty thousand;
(ii) Has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by twenty percent; and
(iii) Is located in the Interstate 5 or Interstate 90 corridor.
(6) In order to identify and approve locations for industrial land banks, the county shall take action to designate one
or more industrial land banks and adopt conforming regulations as provided by RCW 36.70A.367(2) on or before the
last date to complete that county’s next periodic review under
RCW 36.70A.130(4) that occurs prior to December 31, 2014.
The authority to take action to designate a land bank area in
the comprehensive plan expires if not acted upon by the
county within the time frame provided in this section. Once
a land bank area has been identified in the county’s comprehensive plan, the authority of the county to process a master
plan or site projects within an approved master plan does not
expire.
(7) Any county seeking to designate an industrial land
bank under this section must:
(a) Provide countywide notice, in conformity with RCW
36.70A.035, of the intent to designate an industrial land bank.
Notice must be published in a newspaper or newspapers of
general circulation reasonably likely to reach subscribers in
all geographic areas of the county. Notice must be provided
not less than thirty days prior to commencement of consideration by the county legislative body; and
(b) Make a written determination of the criteria and
rationale used by the legislative body as the basis for siting an
industrial land bank under this chapter.
(2010 Ed.)
36.70A.368
(8) Any location included in an industrial land bank pursuant to section 2, chapter 289, Laws of 1998, section 1,
chapter 402, Laws of 1997, and section 2, chapter 167, Laws
of 1996 shall remain available for major industrial development according to this section as long as the requirements of
this section continue to be satisfied. [2007 c 433 § 1; 2004 c
208 § 1; 2003 c 88 § 1; 2002 c 306 § 1; 2001 c 326 § 1; 1998
c 289 § 2; 1997 c 402 § 1; 1996 c 167 § 2.]
Findings—Purpose—1998 c 289: "The legislature finds that to fulfill
the economic development goal of this chapter, it is beneficial to expand the
limited authorization for pilot projects for identifying locations for major
industrial activity in advance of specific proposals by an applicant. The legislature further finds that land bank availability may provide economically
disadvantaged counties the opportunity to attract new industrial activity by
offering expeditious siting and therefore promote a community’s economic
health and vitality. The purpose of this act is to authorize and evaluate additional pilot projects for major industrial activity in economically disadvantaged counties." [1998 c 289 § 1.]
Findings—Purpose—1996 c 167: "In 1995 the legislature addressed
the demand for siting of major industrial facilities by passage of Engrossed
Senate Bill No. 5019, implementing a process for siting such activities outside urban growth areas. The legislature recognizes that the 1995 act
requires consideration of numerous factors necessary to ensure that the community can reasonably accommodate a major industrial development outside
an urban growth area.
The legislature finds that the existing case-by-case procedure for evaluating and approving such a site under the 1995 act may operate to a community’s economic disadvantage when a firm, for business reasons, must make
a business location decision expeditiously. The legislature therefore finds
that it would be useful to authorize, on a limited basis, and evaluate a process
for identifying locations for major industrial activity in advance of specific
proposals by an applicant.
It is the purpose of this act (1) to authorize a pilot project under which
a bank of major industrial development locations outside urban growth areas
is created for use in expeditiously siting such a development; (2) to evaluate
the impact of this process on the county’s compliance with chapter 36.70A
RCW; and (3) to encourage consolidation and planning, and environmental
review procedures under chapter 36.70B RCW." [1996 c 167 § 1.]
Additional notes found at www.leg.wa.gov
36.70A.368
36.70A.368 Major industrial developments—Master
planned locations—Reclaimed surface coal mine sites. (1)
In addition to the major industrial development allowed
under RCW 36.70A.365 and 36.70A.367, a county planning
under RCW 36.70A.040 that meets the criteria in subsection
(2) of this section may establish, in consultation with cities
consistent with RCW 36.70A.210, a process for designating a
master planned location for major industrial activity outside
urban growth areas on lands formerly used or designated for
surface coal mining and supporting uses. Once a master
planned location is designated, it shall be considered an urban
growth area retained for purposes of promoting major industrial activity.
(2) This section applies to a county that, at the time the
process is established in subsection (1) of this section, had a
surface coal mining operation in excess of three thousand
acres that ceased operation after July 1, 2006, and that is
located within fifteen miles of the Interstate 5 corridor.
(3) Designation of a master planned location for major
industrial activities is an amendment to the comprehensive
plan adopted under RCW 36.70A.070, except that RCW
36.70A.130(2) does not apply so that designation of master
planned locations may be considered at any time. The process established under subsection (1) of this section for designating a master planned location for one or more major
[Title 36 RCW—page 213]
36.70A.370
Title 36 RCW: Counties
industrial activities must include, but is not limited to, the following comprehensive plan policy criteria:
(a) The master planned location must be located on
lands: Formerly used or designated for surface coal mining
and supporting uses; that consist of an aggregation of land of
one thousand or more acres, which is not required to be contiguous; and that are suitable for manufacturing, industrial, or
commercial businesses;
(b) New infrastructure is provided for; and
(c) Environmental review of a proposed designation of a
master planned location must be at the programmatic level, as
long as the environmental review of a proposed designation
that is being reviewed concurrent with a proposed major
industrial activity is at the project level.
(4) Approval of a specific major industrial activity proposed for a master planned location designated under this
section is through a local master plan process and does not
require further comprehensive plan amendment. The process
for reviewing and approving a specific major industrial activity proposed for a master planned location designated under
this section must include the following criteria in adopted
development regulations:
(a) The site consists of one hundred or more acres of land
formerly used or designated for surface coal mining and supporting uses that has been or will be reclaimed as land suitable for industrial development;
(b) Urban growth will not occur in adjacent nonurban
areas;
(c) Environmental review of a specific proposed major
industrial activity must be conducted as required in chapter
43.21C RCW. Environmental review may be processed as a
planned action, as long as it meets the requirements of RCW
43.21C.031; and
(d) Commercial development within a master planned
location must be directly related to manufacturing or industrial uses. Commercial uses shall not exceed ten percent of
the total gross floor area of buildings or facilities in the development.
(5) Final approval of the designation of a master planned
location designated under subsection (3) of this section is
subject to appeal under this chapter. Approval of a specific
major industrial activity under subsection (4) of this section
is subject to appeal under chapter 36.70C RCW.
(6) RCW 36.70A.365 and 36.70A.367 do not apply to
the designation of master planned locations or the review and
approval of specific major industrial activities under this section. [2007 c 194 § 1.]
36.70A.370 Protection of private property. (1) The
state attorney general shall establish by October 1, 1991, an
orderly, consistent process, including a checklist if appropriate, that better enables state agencies and local governments
to evaluate proposed regulatory or administrative actions to
assure that such actions do not result in an unconstitutional
taking of private property. It is not the purpose of this section
to expand or reduce the scope of private property protections
provided in the state and federal Constitutions. The attorney
general shall review and update the process at least on an
annual basis to maintain consistency with changes in case
law.
36.70A.370
[Title 36 RCW—page 214]
(2) Local governments that are required or choose to
plan under RCW 36.70A.040 and state agencies shall utilize
the process established by subsection (1) of this section to
assure that proposed regulatory or administrative actions do
not result in an unconstitutional taking of private property.
(3) The attorney general, in consultation with the Washington state bar association, shall develop a continuing education course to implement this section.
(4) The process used by government agencies shall be
protected by attorney client privilege. Nothing in this section
grants a private party the right to seek judicial relief requiring
compliance with the provisions of this section. [1991 sp.s. c
32 § 18.]
36.70A.380 Extension of designation date. The
department may extend the date by which a county or city is
required to designate agricultural lands, forest lands, mineral
resource lands, and critical areas under RCW 36.70A.170, or
the date by which a county or city is required to protect such
lands and critical areas under RCW 36.70A.060, if the county
or city demonstrates that it is proceeding in an orderly fashion, and is making a good faith effort, to meet these requirements. An extension may be for up to an additional one hundred eighty days. The length of an extension shall be based on
the difficulty of the effort to conform with these requirements. [1991 sp.s. c 32 § 39.]
36.70A.380
36.70A.385 Environmental planning pilot projects.
(1) The legislature intends to determine whether the environmental review process mandated under chapter 43.21C RCW
may be enhanced and simplified, and coordination improved,
when applied to comprehensive plans mandated by this chapter. The department shall undertake pilot projects on environmental review to determine if the review process can be
improved by fostering more coordination and eliminating
duplicative environmental analysis which is made to assist
decision makers approving comprehensive plans pursuant to
this chapter. Such pilot projects should be designed and
scoped to consider cumulative impacts resulting from plan
decisions, plan impacts on environmental quality, impacts on
adjacent jurisdictions, and similar factors in sufficient depth
to simplify the analysis of subsequent specific projects being
carried out pursuant to the approved plan.
(2) The legislature hereby authorizes the department to
establish, in cooperation with business, industry, cities, counties, and other interested parties, at least two but not more
than four pilot projects, one of which shall be with a county,
on enhanced draft and final nonproject environmental analysis of comprehensive plans prepared pursuant to this chapter,
for the purposes outlined in subsection (1) of this section. The
department may select appropriate geographic subareas
within a comprehensive plan if that will best serve the purposes of this section and meet the requirements of chapter
43.21C RCW.
(3) An enhanced draft and final nonproject environmental analysis prepared pursuant to this section shall follow the
rules adopted pursuant to chapter 43.21C RCW.
(4) Not later than December 31, 1993, the department
shall evaluate the overall effectiveness of the pilot projects
under this section regarding preparing enhanced nonproject
36.70A.385
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
environmental analysis for the approval process of comprehensive plans and shall:
(a) Provide an interim report of its findings to the legislature with such recommendations as may be appropriate,
including the need, if any, for further legislation;
(b) Consider adoption of any further rules or guidelines
as may be appropriate to assist counties and cities in meeting
requirements of chapter 43.21C RCW when considering
comprehensive plans; and
(c) Prepare and circulate to counties and cities such
instructional manuals or other information derived from the
pilot projects as will assist all counties and cities in meeting
the requirements and objectives of chapter 43.21C RCW in
the most expeditious and efficient manner in the process of
considering comprehensive plans pursuant to this chapter.
[1998 c 245 § 30; 1995 c 399 § 43; 1991 sp.s. c 32 § 20.]
36.70A.390 Moratoria, interim zoning controls—
Public hearing—Limitation on length—Exceptions. A
county or city governing body that adopts a moratorium,
interim zoning map, interim zoning ordinance, or interim
official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing
on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty
days of its adoption, whether or not the governing body
received a recommendation on the matter from the planning
commission or department. If the governing body does not
adopt findings of fact justifying its action before this hearing,
then the governing body shall do so immediately after this
public hearing. A moratorium, interim zoning map, interim
zoning ordinance, or interim official control adopted under
this section may be effective for not longer than six months,
but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A
moratorium, interim zoning map, interim zoning ordinance,
or interim official control may be renewed for one or more
six-month periods if a subsequent public hearing is held and
findings of fact are made prior to each renewal.
This section does not apply to the designation of critical
areas, agricultural lands, forest lands, and mineral resource
lands, under RCW 36.70A.170, and the conservation of these
lands and protection of these areas under RCW 36.70A.060,
prior to such actions being taken in a comprehensive plan
adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public
hearing is held on such proposed actions. [1992 c 207 § 6.]
36.70A.390
36.70A.400 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
this chapter shall comply with RCW 43.63A.215(3). [1993 c
478 § 11.]
36.70A.400
36.70A.410 Treatment of residential structures occupied by persons with handicaps. No county or city that
plans or elects to plan under this chapter may enact or maintain an ordinance, development regulation, zoning regulation
or official control, policy, or administrative practice which
treats a residential structure occupied by persons with handi36.70A.410
(2010 Ed.)
36.70A.450
caps differently than a similar residential structure occupied
by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing
amendments act of 1988 (42 U.S.C. Sec. 3602). [1993 c 478
§ 23.]
36.70A.420 Transportation projects—Findings—
Intent. The legislature recognizes that there are major transportation projects that affect multiple jurisdictions as to economic development, fiscal influence, environmental consequences, land use implications, and mobility of people and
goods. The legislature further recognizes that affected jurisdictions have important interests that must be addressed, and
that these jurisdictions’ present environmental planning and
permitting authority may result in multiple local permits and
other requirements being specified for the projects.
The legislature finds that the present permitting system
may result in segmented and sequential decisions by local
governments that do not optimally serve all the parties with
an interest in the decisions. The present system may also
make more difficult achieving the consistency among plans
and actions that is an important aspect of this chapter.
It is the intent of the legislature to provide for more efficiency and equity in the decisions of local governments
regarding major transportation projects by encouraging coordination or consolidation of the processes for reviewing environmental planning and permitting requirements for those
projects. The legislature intends that local governments coordinate their regulatory decisions by considering together the
range of local, state, and federal requirements for major transportation projects. Nothing in RCW 36.70A.420 or
36.70A.430 alters the authority of cities or counties under
any other planning or permitting statute. [1994 c 258 § 1.]
36.70A.420
Additional notes found at www.leg.wa.gov
36.70A.430 Transportation projects—Collaborative
review process. For counties engaged in planning under this
chapter, there shall be established by December 31, 1994, a
collaborative process to review and coordinate state and local
permits for all transportation projects that cross more than
one city or county boundary. This process shall at a minimum, establish a mechanism among affected cities and counties to designate a permit coordinating agency to facilitate
multijurisdictional review and approval of such transportation projects. [1994 c 258 § 2.]
36.70A.430
Additional notes found at www.leg.wa.gov
36.70A.450 Family day-care provider’s home facility—County or city may not prohibit in residential or
commercial area—Conditions. (1) Except as provided in
subsections (2) and (3) of this section, no county or city may
enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or
administrative practice that prohibits the use of a residential
dwelling, located in an area zoned for residential or commercial use, as a family day-care provider’s home facility.
(2) A county or city may require that the facility: (a)
Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building
size, setbacks, and lot coverage standards applicable to the
36.70A.450
[Title 36 RCW—page 215]
36.70A.460
Title 36 RCW: Counties
zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of early learning licensor as providing a safe passenger loading area; (d)
include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a
nonstandard work shift.
(3) A county or city may also require that the family daycare provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the family day-care provider over licensing
requirements, the licensor may provide a forum to resolve the
dispute.
(4) Nothing in this section shall be construed to prohibit
a county or city from imposing zoning conditions on the
establishment and maintenance of a family day-care provider’s home in an area zoned for residential or commercial
use, so long as such conditions are no more restrictive than
conditions imposed on other residential dwellings in the same
zone and the establishment of such facilities is not precluded.
As used in this section, "family day-care provider" is as
defined in RCW 43.215.010. [2007 c 17 § 13; 2003 c 286 §
5; 1995 c 49 § 3; 1994 c 273 § 17.]
36.70A.460 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement project meeting the criteria of *RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of *RCW 77.55.290. [2003 c 39 § 21; 1998 c
249 § 11; 1995 c 378 § 11.]
36.70A.460
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
36.70A.470 Project review—Amendment suggestion
procedure—Definitions. (1) Project review, which shall be
conducted pursuant to the provisions of chapter 36.70B
RCW, shall be used to make individual project decisions, not
land use planning decisions. If, during project review, a
county or city planning under RCW 36.70A.040 identifies
deficiencies in plans or regulations:
(a) The permitting process shall not be used as a comprehensive planning process;
(b) Project review shall continue; and
(c) The identified deficiencies shall be docketed for possible future plan or development regulation amendments.
(2) Each county and city planning under RCW
36.70A.040 shall include in its development regulations a
procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest plan or development regulation amendments. The suggested amendments shall be docketed and considered on at
least an annual basis, consistent with the provisions of RCW
36.70A.130.
36.70A.470
[Title 36 RCW—page 216]
(3) For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the
absence of required or potentially desirable contents of a
comprehensive plan or development regulation. It does not
refer to whether a development regulation addresses a
project’s probable specific adverse environmental impacts
which the permitting agency could mitigate in the normal
project review process.
(4) For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the comprehensive plan or development regulations in a manner that
will ensure such suggested changes will be considered by the
county or city and will be available for review by the public.
[1995 c 347 § 102.]
Findings—Intent—1995 c 347 § 102: "The legislature finds that during project review, a county or city planning under RCW 36.70A.040 is
likely to discover the need to make various improvements in comprehensive
plans and development regulations. There is no current requirement or process for applicants, citizens, or agency staff to ensure that these improvements are considered in the plan review process. The legislature also finds
that in the past environmental review and permitting of proposed projects
have been used to reopen and make land use planning decisions that should
have been made through the comprehensive planning process, in part
because agency staff and hearing examiners have not been able to ensure
consideration of all issues in the local planning process. The legislature further finds that, while plans and regulations should be improved and refined
over time, it is unfair to penalize applicants that have submitted permit applications that meet current requirements. It is the intent of the legislature in
enacting RCW 36.70A.470 to establish a means by which cities and counties
will docket suggested plan or development regulation amendments and
ensure their consideration during the planning process." [1995 c 347 § 101.]
Finding—1995 c 347: "The legislature recognizes by this act that the
growth management act is a fundamental building block of regulatory
reform. The state and local governments have invested considerable
resources in an act that should serve as the integrating framework for all
other land-use related laws. The growth management act provides the means
to effectively combine certainty for development decisions, reasonable environmental protection, long-range planning for cost-effective infrastructure,
and orderly growth and development." [1995 c 347 § 1.]
Additional notes found at www.leg.wa.gov
36.70A.480 Shorelines of the state. (1) For shorelines
of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of
the goals of this chapter as set forth in RCW 36.70A.020
without creating an order of priority among the fourteen
goals. The goals and policies of a shoreline master program
for a county or city approved under chapter 90.58 RCW shall
be considered an element of the county or city’s comprehensive plan. All other portions of the shoreline master program
for a county or city adopted under chapter 90.58 RCW,
including use regulations, shall be considered a part of the
county or city’s development regulations.
(2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the
goals, policies, and procedures set forth in this chapter for the
adoption of a comprehensive plan or development regulations.
(3)(a) The policies, goals, and provisions of chapter
90.58 RCW and applicable guidelines shall be the sole basis
for determining compliance of a shoreline master program
with this chapter except as the shoreline master program is
required to comply with the internal consistency provisions
of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and
35A.63.105.
36.70A.480
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
(b) Except as otherwise provided in (c) of this subsection, development regulations adopted under this chapter to
protect critical areas within shorelines of the state apply
within shorelines of the state until the department of ecology
approves one of the following: A comprehensive master program update, as defined in RCW 90.58.030; a segment of a
master program relating to critical areas, as provided in RCW
90.58.090; or a new or amended master program approved by
the department of ecology on or after March 1, 2002, as provided in RCW 90.58.080. The adoption or update of development regulations to protect critical areas under this chapter
prior to department of ecology approval of a master program
update as provided in this subsection is not a comprehensive
or segment update to the master program.
(c)(i) Until the department of ecology approves a master
program or segment of a master program as provided in (b) of
this subsection, a use or structure legally located within
shorelines of the state that was established or vested on or
before the effective date of the local government’s development regulations to protect critical areas may continue as a
conforming use and may be redeveloped or modified if: (A)
The redevelopment or modification is consistent with the
local government’s master program; and (B) the local government determines that the proposed redevelopment or modification will result in no net loss of shoreline ecological
functions. The local government may waive this requirement
if the redevelopment or modification is consistent with the
master program and the local government’s development regulations to protect critical areas.
(ii) For purposes of this subsection (3)(c), an agricultural
activity that does not expand the area being used for the agricultural activity is not a redevelopment or modification.
"Agricultural activity," as used in this subsection (3)(c), has
the same meaning as defined in RCW 90.58.065.
(d) Upon department of ecology approval of a shoreline
master program or critical area segment of a shoreline master
program, critical areas within shorelines of the state are protected under chapter 90.58 RCW and are not subject to the
procedural and substantive requirements of this chapter,
except as provided in subsection (6) of this section. Nothing
in chapter 321, Laws of 2003 or chapter 107, Laws of 2010 is
intended to affect whether or to what extent agricultural
activities, as defined in RCW 90.58.065, are subject to chapter 36.70A RCW.
(e) The provisions of RCW 36.70A.172 shall not apply
to the adoption or subsequent amendment of a local government’s shoreline master program and shall not be used to
determine compliance of a local government’s shoreline master program with chapter 90.58 RCW and applicable guidelines. Nothing in this section, however, is intended to limit or
change the quality of information to be applied in protecting
critical areas within shorelines of the state, as required by
chapter 90.58 RCW and applicable guidelines.
(4) Shoreline master programs shall provide a level of
protection to critical areas located within shorelines of the
state that assures no net loss of shoreline ecological functions
necessary to sustain shoreline natural resources as defined by
department of ecology guidelines adopted pursuant to RCW
90.58.060.
(5) Shorelines of the state shall not be considered critical
areas under this chapter except to the extent that specific
(2010 Ed.)
36.70A.490
areas located within shorelines of the state qualify for critical
area designation based on the definition of critical areas provided by RCW 36.70A.030(5) and have been designated as
such by a local government pursuant to RCW 36.70A.060(2).
(6) If a local jurisdiction’s master program does not
include land necessary for buffers for critical areas that occur
within shorelines of the state, as authorized by *RCW
90.58.030(2)(f), then the local jurisdiction shall continue to
regulate those critical areas and their required buffers pursuant to RCW 36.70A.060(2). [2010 c 107 § 2; 2003 c 321 § 5;
1995 c 347 § 104.]
*Reviser’s note: RCW 90.58.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (2)(f) to subsection (2)(d).
Intent—2010 c 107: "(1) The legislature recognizes that Engrossed
Substitute House Bill No. 1933, enacted as chapter 321, Laws of 2003, modified the relationship between the shoreline management act and the growth
management act. The legislature recognizes also that its 2003 efforts, while
intended to create greater operational clarity between these significant shoreline and land use acts, have been the subject of differing, and occasionally
contrary, legal interpretations. This act is intended to affirm and clarify the
legislature’s intent relating to the provisions of chapter 321, Laws of 2003.
(2) The legislature affirms that development regulations adopted under
the growth management act to protect critical areas apply within shorelines
of the state as provided in section 2 of this act.
(3) The legislature affirms that the adoption or update of critical area
regulations under the growth management act is not automatically an update
to the shoreline master program.
(4) The legislature intends for this act to be remedial and curative in
nature, and to apply retroactively to July 27, 2003." [2010 c 107 § 1.]
Retroactive application—2010 c 107: "This act is remedial and curative in nature and applies retroactively to July 27, 2003." [2010 c 107 § 5.]
Effective date—2010 c 107: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 18, 2010]." [2010 c 107 § 6.]
Finding—Intent—2003 c 321: See note following RCW 90.58.030.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.481 Construction—Chapter 347, Laws of
1995. Nothing in RCW 36.70A.480 shall be construed to
authorize a county or city to adopt regulations applicable to
shorelands as defined in RCW 90.58.030 that are inconsistent
with the provisions of chapter 90.58 RCW. [1995 c 382 §
13.]
36.70A.481
36.70A.490 Growth management planning and environmental review fund—Established. The growth management planning and environmental review fund is hereby
established in the state treasury. Moneys may be placed in the
fund from the proceeds of bond sales, tax revenues, budget
transfers, federal appropriations, gifts, or any other lawful
source. Moneys in the fund may be spent only after appropriation. Moneys in the fund shall be used to make grants to
local governments for the purposes set forth in RCW
43.21C.240, 43.21C.031, or 36.70A.500. [1995 c 347 § 115.]
36.70A.490
Findings—Purpose—1995 c 347 § 115: "(1) The legislature finds that:
(a) As of July 23, 1995, twenty-nine counties and two hundred eight
cities are conducting comprehensive planning under the growth management
act, chapter 36.70A RCW, which together comprise over ninety percent of
the state’s population;
(b) Comprehensive plans for many of the jurisdictions were due by
July 1, 1994, and the remaining jurisdictions must complete plans under due
dates ranging from October 1994 to September 1997;
(c) Concurrently with these comprehensive planning activities, local
governments must conduct several other planning requirements under the
[Title 36 RCW—page 217]
36.70A.500
Title 36 RCW: Counties
growth management act, such as the adoption of capital facilities plans,
urban growth areas, and development regulations;
(d) Local governments must also comply with the state environmental
policy act, chapter 43.21C RCW, in the development of comprehensive
plans and development regulations;
(e) The combined activities of comprehensive planning and the state
environmental policy act present a serious fiscal burden upon local governments; and
(f) Detailed environmental analysis integrated with comprehensive
plans, subarea plans, and development regulations will facilitate planning for
and managing growth, allow greater protection of the environment, and benefit both the general public and private property owners.
(2) In order to provide financial assistance to cities and counties planning under chapter 36.70A RCW and to improve the usefulness of plans and
integrated environmental analyses, the legislature has created the fund
described in RCW 36.70A.490." [1995 c 347 § 114.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.500 Growth management planning and environmental review fund—Awarding of grants—Procedures. (1) The *department of community, trade, and economic development shall provide management services for
the fund created by RCW 36.70A.490. The department shall
establish procedures for fund management. The department
shall encourage participation in the grant program by other
public agencies. The department shall develop the grant criteria, monitor the grant program, and select grant recipients in
consultation with state agencies participating in the grant program through the provision of grant funds or technical assistance.
(2) A grant may be awarded to a county or city that is
required to or has chosen to plan under RCW 36.70A.040 and
that is qualified pursuant to this section. The grant shall be
provided to assist a county or city in paying for the cost of
preparing an environmental analysis under chapter 43.21C
RCW, that is integrated with a comprehensive plan, subarea
plan, plan element, countywide planning policy, development regulation, monitoring program, or other planning
activity adopted under or implementing this chapter that:
(a) Improves the process for project permit review while
maintaining environmental quality; or
(b) Encourages use of plans and information developed
for purposes of complying with this chapter to satisfy
requirements of other state programs.
(3) In order to qualify for a grant, a county or city shall:
(a) Demonstrate that it will prepare an environmental
analysis pursuant to chapter 43.21C RCW and subsection (2)
of this section that is integrated with a comprehensive plan,
subarea plan, plan element, countywide planning policy,
development regulations, monitoring program, or other planning activity adopted under or implementing this chapter;
(b) Address environmental impacts and consequences,
alternatives, and mitigation measures in sufficient detail to
allow the analysis to be adopted in whole or in part by applicants for development permits within the geographic area
analyzed in the plan;
(c) Demonstrate that procedures for review of development permit applications will be based on the integrated
plans and environmental analysis;
(d) Include mechanisms to monitor the consequences of
growth as it occurs in the plan area and to use the resulting
data to update the plan, policy, or implementing mechanisms
and associated environmental analysis;
36.70A.500
[Title 36 RCW—page 218]
(e) Demonstrate substantial progress towards compliance with the requirements of this chapter. A county or city
that is more than six months out of compliance with a
requirement of this chapter is deemed not to be making substantial progress towards compliance; and
(f) Provide local funding, which may include financial
participation by the private sector.
(4) In awarding grants, the department shall give preference to proposals that include one or more of the following
elements:
(a) Financial participation by the private sector, or a public/private partnering approach;
(b) Identification and monitoring of system capacities
for elements of the built environment, and to the extent
appropriate, of the natural environment;
(c) Coordination with state, federal, and tribal governments in project review;
(d) Furtherance of important state objectives related to
economic development, protection of areas of statewide significance, and siting of essential public facilities;
(e) Programs to improve the efficiency and effectiveness
of the permitting process by greater reliance on integrated
plans and prospective environmental analysis;
(f) Programs for effective citizen and neighborhood
involvement that contribute to greater likelihood that planning decisions can be implemented with community support;
and
(g) Programs to identify environmental impacts and
establish mitigation measures that provide effective means to
satisfy concurrency requirements and establish project consistency with the plans.
(5) If the local funding includes funding provided by
other state functional planning programs, including open
space planning and watershed or basin planning, the functional plan shall be integrated into and be consistent with the
comprehensive plan.
(6) State agencies shall work with grant recipients to
facilitate state and local project review processes that will
implement the projects receiving grants under this section.
[1997 c 429 § 28; 1995 c 347 § 116.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
36.70A.510 General aviation airports. Adoption and
amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 § 5.]
36.70A.510
36.70A.520 National historic towns—Designation.
Counties that are required or choose to plan under RCW
36.70A.040 may authorize and designate national historic
towns that may constitute urban growth outside of urban
growth areas as limited by this section. A national historic
town means a town or district that has been designated a
national historic landmark by the United States secretary of
the interior pursuant to 16 U.S.C. 461 et seq., as amended,
based on its significant historic urban features, and which his36.70A.520
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
torically contained a mix of residential and commercial or
industrial uses.
A national historic town may be designated under this
chapter by a county only if:
(1) The comprehensive plan specifically identifies policies to guide the preservation, redevelopment, infill, and
development of the town;
(2) The comprehensive plan and development regulations specify a mix of residential, commercial, industrial,
tourism-recreation, waterfront, or other historical uses, along
with other uses, infrastructure, and services which promote
the economic sustainability of the town and its historic character. To promote historic preservation, redevelopment, and
an economically sustainable community, the town also may
include the types of uses that existed at times during its history and is not limited to those present at the time of the historic designation. Portions of the town may include urban
densities if they reflect density patterns that existed at times
during its history;
(3) The boundaries of the town include all of the area
contained in the national historic landmark designation,
along with any additional limited areas determined by the
county as appropriate for transitional uses and buffering. Provisions for transitional uses and buffering must be compatible
with the town’s historic character and must protect the existing natural and built environment under the requirements of
this chapter within and beyond the additional limited areas,
including visual compatibility. The comprehensive plan and
development regulations must include restrictions that preclude new urban or suburban land uses in the vicinity of the
town, including the additional limited areas, except in areas
otherwise designated for urban growth under this chapter;
(4) The development regulations provide for architectural controls and review procedures applicable to the rehabilitation, redevelopment, infill, or new development to promote the historic character of the town;
(5) The county finds that the national historic town is
consistent with the development regulations established for
critical areas; and
(6) On-site and off-site infrastructure impacts are fully
considered and mitigated concurrent with development.
A county may allocate a portion of its twenty-year population projection, prepared by the office of financial management, to the national historic town corresponding to the projected number of permanent residents within the national historic town. [2000 c 196 § 1.]
36.70A.530 Land use development incompatible with
military installation not allowed—Revision of comprehensive plans and development regulations. (1) Military
installations are of particular importance to the economic
health of the state of Washington and it is a priority of the
state to protect the land surrounding our military installations
from incompatible development.
(2) Comprehensive plans, amendments to comprehensive plans, development regulations, or amendments to
development regulations adopted under this section shall be
adopted or amended concurrent with the scheduled update
provided in RCW 36.70A.130, except that counties and cities
identified in RCW 36.70A.130(4)(a) shall comply with this
section on or before December 1, 2005, and shall thereafter
36.70A.530
(2010 Ed.)
36.70A.540
comply with this section on a schedule consistent with RCW
36.70A.130(4).
(3) A comprehensive plan, amendment to a plan, a development regulation or amendment to a development regulation, should not allow development in the vicinity of a military installation that is incompatible with the installation’s
ability to carry out its mission requirements. A city or county
may find that an existing comprehensive plan or development
regulations are compatible with the installation’s ability to
carry out its mission requirements.
(4) As part of the requirements of RCW 36.70A.070(1)
each county and city planning under RCW 36.70A.040 that
has a federal military installation, other than a reserve center,
that employs one hundred or more personnel and is operated
by the United States department of defense within or adjacent
to its border, shall notify the commander of the military
installation of the county’s or city’s intent to amend its comprehensive plan or development regulations to address lands
adjacent to military installations to ensure those lands are
protected from incompatible development.
(5)(a) The notice provided under subsection (4) of this
section shall request from the commander of the military
installation a written recommendation and supporting facts
relating to the use of land being considered in the adoption of
a comprehensive plan or an amendment to a plan. The notice
shall provide sixty days for a response from the commander.
If the commander does not submit a response to such request
within sixty days, the local government may presume that
implementation of the proposed plan or amendment will not
have any adverse effect on the operation of the installation.
(b) When a county or city intends to amend its development regulations to be consistent with the comprehensive
plan elements addressed in (a) of this subsection, notice shall
be provided to the commander of the military installation
consistent with subsection (4) of this section. The notice
shall request from the commander of the military installation
a written recommendation and supporting facts relating to the
use of land being considered in the amendment to the development regulations. The notice shall provide sixty days for a
response from the commander to the requesting government.
If the commander does not submit a response to such request
within sixty days, the local government may presume that
implementation of the proposed development regulation or
amendment will not have any adverse effect on the operation
of the installation. [2004 c 28 § 2.]
Finding—2004 c 28: "The United States military is a vital component
of the Washington state economy. The protection of military installations
from incompatible development of land is essential to the health of Washington’s economy and quality of life. Incompatible development of land close
to a military installation reduces the ability of the military to complete its
mission or to undertake new missions, and increases its cost of operating.
The department of defense evaluates continued utilization of military installations based upon their operating costs, their ability to carry out missions,
and their ability to undertake new missions." [2004 c 28 § 1.]
36.70A.540 Affordable housing incentive programs—Low-income housing units. (1)(a) Any city or
county planning under RCW 36.70A.040 may enact or
expand affordable housing incentive programs providing for
the development of low-income housing units through development regulations or conditions on rezoning or permit decisions, or both, on one or more of the following types of devel36.70A.540
[Title 36 RCW—page 219]
36.70A.540
Title 36 RCW: Counties
opment: Residential; commercial; industrial; or mixed-use.
An affordable housing incentive program may include, but is
not limited to, one or more of the following:
(i) Density bonuses within the urban growth area;
(ii) Height and bulk bonuses;
(iii) Fee waivers or exemptions;
(iv) Parking reductions; or
(v) Expedited permitting.
(b) The city or county may enact or expand such programs whether or not the programs may impose a tax, fee, or
charge on the development or construction of property.
(c) If a developer chooses not to participate in an
optional affordable housing incentive program adopted and
authorized under this section, a city, county, or town may not
condition, deny, or delay the issuance of a permit or development approval that is consistent with zoning and development standards on the subject property absent incentive provisions of this program.
(2) Affordable housing incentive programs enacted or
expanded under this section shall comply with the following:
(a) The incentives or bonuses shall provide for the development of low-income housing units;
(b) Jurisdictions shall establish standards for low-income
renter or owner occupancy housing, including income guidelines consistent with local housing needs, to assist
low-income households that cannot afford market-rate housing. Low-income households are defined for renter and
owner occupancy program purposes as follows:
(i) Rental housing units to be developed shall be affordable to and occupied by households with an income of fifty
percent or less of the county median family income, adjusted
for family size;
(ii) Owner occupancy housing units shall be affordable
to and occupied by households with an income of eighty percent or less of the county median family income, adjusted for
family size. The legislative authority of a jurisdiction, after
holding a public hearing, may establish lower income levels;
and
(iii) The legislative authority of a jurisdiction, after holding a public hearing, may also establish higher income levels
for rental housing or for owner occupancy housing upon finding that higher income levels are needed to address local
housing market conditions. The higher income level for
rental housing may not exceed eighty percent of the county
area median family income. The higher income level for
owner occupancy housing may not exceed one hundred percent of the county area median family income. These established higher income levels are considered "low-income" for
the purposes of this section;
(c) The jurisdiction shall establish a maximum rent level
or sales price for each low-income housing unit developed
under the terms of a program and may adjust these levels or
prices based on the average size of the household expected to
occupy the unit. For renter-occupied housing units, the total
housing costs, including basic utilities as determined by the
jurisdiction, may not exceed thirty percent of the income
limit for the low-income housing unit;
(d) Where a developer is utilizing a housing incentive
program authorized under this section to develop market rate
housing, and is developing low-income housing to satisfy the
requirements of the housing incentive program, the
[Title 36 RCW—page 220]
low-income housing units shall be provided in a range of
sizes comparable to those units that are available to other residents. To the extent practicable, the number of bedrooms in
low-income units must be in the same proportion as the number of bedrooms in units within the entire development. The
low-income units shall generally be distributed throughout
the development and have substantially the same functionality as the other units in the development;
(e) Low-income housing units developed under an
affordable housing incentive program shall be committed to
continuing affordability for at least fifty years. A local government, however, may accept payments in lieu of continuing
affordability. The program shall include measures to enforce
continuing affordability and income standards applicable to
low-income units constructed under this section that may
include, but are not limited to, covenants, options, or other
agreements to be executed and recorded by owners and
developers;
(f) Programs authorized under subsection (1) of this section may apply to part or all of a jurisdiction and different
standards may be applied to different areas within a jurisdiction or to different types of development. Programs authorized under this section may be modified to meet local needs
and may include provisions not expressly provided in this
section or RCW 82.02.020;
(g) Low-income housing units developed under an
affordable housing incentive program are encouraged to be
provided within developments for which a bonus or incentive
is provided. However, programs may allow units to be provided in a building located in the general area of the development for which a bonus or incentive is provided; and
(h) Affordable housing incentive programs may allow a
payment of money or property in lieu of low-income housing
units if the jurisdiction determines that the payment achieves
a result equal to or better than providing the affordable housing on-site, as long as the payment does not exceed the
approximate cost of developing the same number and quality
of housing units that would otherwise be developed. Any
city or county shall use these funds or property to support the
development of low-income housing, including support provided through loans or grants to public or private owners or
developers of housing.
(3) Affordable housing incentive programs enacted or
expanded under this section may be applied within the jurisdiction to address the need for increased residential development, consistent with local growth management and housing
policies, as follows:
(a) The jurisdiction shall identify certain land use designations within a geographic area where increased residential
development will assist in achieving local growth management and housing policies;
(b) The jurisdiction shall provide increased residential
development capacity through zoning changes, bonus densities, height and bulk increases, parking reductions, or other
regulatory changes or other incentives;
(c) The jurisdiction shall determine that increased residential development capacity or other incentives can be
achieved within the identified area, subject to consideration
of other regulatory controls on development; and
(d) The jurisdiction may establish a minimum amount of
affordable housing that must be provided by all residential
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
developments being built under the revised regulations, consistent with the requirements of this section. [2009 c 80 § 1;
2006 c 149 § 2.]
Findings—2006 c 149: "The legislature finds that as new market-rate
housing developments are constructed and housing costs rise, there is a significant and growing number of low-income households that cannot afford
market-rate housing in Washington state. The legislature finds that assistance to low-income households that cannot afford market-rate housing
requires a broad variety of tools to address this serious, statewide problem.
The legislature further finds that absent any incentives to provide lowincome housing, market conditions will result in housing developments in
many areas that lack units affordable to low-income households, circumstances that can cause adverse socioeconomic effects.
The legislature encourages cities, towns, and counties to enact or
expand affordable housing incentive programs, including density bonuses
and other incentives, to increase the availability of low-income housing for
renter and owner occupancy that is located in largely market-rate housing
developments throughout the community, consistent with local needs and
adopted comprehensive plans. While this act establishes minimum standards
for those cities, towns, and counties choosing to implement or expand upon
an affordable housing incentive program, cities, towns, and counties are
encouraged to enact programs that address local circumstances and conditions while simultaneously contributing to the statewide need for additional
low-income housing." [2006 c 149 § 1.]
Construction—2006 c 149: "The powers granted in this act are supplemental and additional to the powers otherwise held by local governments,
and nothing in this act shall be construed as a limit on such powers. The
authority granted in this act shall extend to any affordable housing incentive
program enacted or expanded prior to June 7, 2006, if the extension is
adopted by the applicable local government in an ordinance or resolution."
[2006 c 149 § 4.]
36.70A.550 Aquifer conservation zones. (1) Any city
coterminous with, and comprised only of, an island that relies
solely on groundwater aquifers for its potable water source
and does not have reasonable access to a potable water source
outside its jurisdiction may designate one or more aquifer
conservation zones.
Aquifer conservation zones may only be designated for
the purpose of conserving and protecting potable water
sources.
(2) Aquifer conservation zones may not be considered
critical areas under this chapter except to the extent that specific areas located within aquifer conservation zones qualify
for critical area designation and have been designated as such
under RCW 36.70A.060(2).
(3) Any city may consider whether an area is within an
aquifer conservation zone when determining the residential
density of that particular area. The residential densities
within conservation zones, in combination with other densities of the city, must be sufficient to accommodate projected
population growth under RCW 36.70A.110.
(4) Nothing in this section may be construed to modify
the population accommodation obligations required of jurisdictions under this chapter. [2007 c 159 § 1.]
36.70A.550
36.70A.560 Viability of agricultural lands—Deferral
requirements—Definition. (Expires December 1, 2012.)
(1) For the period beginning May 1, 2007, and concluding
July 1, 2011, counties and cities may not amend or adopt critical area ordinances under RCW 36.70A.060(2) as they specifically apply to agricultural activities. Nothing in this section:
(a) Nullifies critical area ordinances adopted by a county
or city prior to May 1, 2007, to comply with RCW
36.70A.060(2);
36.70A.560
(2010 Ed.)
36.70A.560
(b) Limits or otherwise modifies the obligations of a
county or city to comply with the requirements of this chapter
pertaining to critical areas not associated with agricultural
activities; or
(c) Limits the ability of a county or city to adopt or
employ voluntary measures or programs to protect or
enhance critical areas associated with agricultural activities.
(2) Counties and cities subject to deferral requirements
under subsection (1) of this section:
(a) Should implement voluntary programs to enhance
public resources and the viability of agriculture. Voluntary
programs implemented under this subsection (2)(a) must
include measures to evaluate the successes of these programs; and
(b) Must review and, if necessary, revise critical area
ordinances as they specifically apply to agricultural activities
to comply with the requirements of this chapter by December
1, 2012.
(3) For purposes of this section and RCW 36.70A.5601,
"agricultural activities" means agricultural uses and practices
currently existing or legally allowed on rural land or agricultural land designated under RCW 36.70A.170 including, but
not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops;
allowing land used for agricultural activities to lie fallow in
which it is plowed and tilled but left unseeded; allowing land
used for agricultural activities to lie dormant as a result of
adverse agricultural market conditions; allowing land used
for agricultural activities to lie dormant because the land is
enrolled in a local, state, or federal conservation program, or
the land is subject to a conservation easement; conducting
agricultural operations; maintaining, repairing, and replacing
agricultural equipment; maintaining, repairing, and replacing
agricultural facilities, when the replacement facility is no
closer to a critical area than the original facility; and maintaining agricultural lands under production or cultivation.
[2010 c 203 § 1; 2007 c 353 § 2.]
Finding—Intent—2007 c 353: "(1) The legislature finds that the goal
of preserving Washington’s agricultural lands is shared by citizens throughout the state. The legislature recognizes that efforts to achieve a balance
between the productive use of these resource lands and associated regulatory
requirements have proven difficult, but that good faith efforts to seek solutions have yielded successes. The legislature believes that this willingness to
find and pursue common ground will enable Washingtonians to enjoy the
benefits of a successful agricultural economy and a healthy environment,
while also preventing the unnecessary conversion of valuable agricultural
lands.
(2) The legislature, therefore, intends this act, the temporary delays it
establishes for amending or adopting provisions of certain critical area ordinances, and the duties and requirements it prescribes for the William D.
Ruckelshaus Center, to be expressions of progress in resolving, harmonizing,
and advancing commonly held environmental protection and agricultural
viability goals.
(3) The legislature fully expects the duties and requirements it is prescribing for the Ruckelshaus Center to be successful. If, however, the efforts
of the center do not result in agreement on how to best address the conflicts
between agricultural activities and certain regulatory requirements as they
apply to agricultural activities, the legislature intends, upon the expiration of
the delay, to require jurisdictions that have delayed amending or adopting
certain regulatory measures to promptly complete all regulatory amendments
or adoptions necessary to comply with the growth management act.
(4) The legislature does not intend this act to reduce or otherwise
diminish existing critical area ordinances that apply to agricultural activities
during the deferral period established in RCW 36.70A.560." [2007 c 353 §
1.]
[Title 36 RCW—page 221]
36.70A.5601
Title 36 RCW: Counties
Effective date—2007 c 353: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 8, 2007]." [2007 c 353 § 5.]
Expiration date—2007 c 353: "This act expires December 1, 2012."
[2010 c 203 § 3; 2007 c 353 § 6.]
priate committees of the house of representatives and the senate by September 1, 2010. [2010 c 203 § 2; 2007 c 353 § 3.]
Finding—Intent—Effective date—Expiration date—2007 c 353:
See notes following RCW 36.70A.560.
36.70A.570 Regulation of forest practices. (1) Each
county, city, and town assuming regulation of forest practices
as provided in RCW 76.09.240 (1) and (2) shall adopt development regulations that:
(a) Protect public resources, as defined in RCW
76.09.020, from material damage or the potential for material
damage;
(b) Require appropriate approvals for all phases of the
conversion of forest lands, including clearing and grading;
(c) Are guided by the planning goals in RCW
36.70A.020 and by the purposes and policies of the forest
practices act as set forth in RCW 76.09.010; and
(d) Are consistent with or supplement development regulations that protect critical areas pursuant to RCW
36.70A.060.
(2) If necessary, each county, city, or town that assumes
regulation of forest practices under RCW 76.09.240 shall
amend its comprehensive plan to ensure consistency between
its comprehensive plan and development regulations.
(3) Before a county, city, or town may regulate forest
practices under RCW 76.09.240 (1) and (2), it shall update its
development regulations as required by RCW 36.70A.130
and, if applicable, RCW 36.70A.215. Forest practices regulations adopted under RCW 76.09.240 (1) and (2) may be
adopted as part of the legislative action taken under RCW
36.70A.130 or 36.70A.215. [2007 c 236 § 2.]
36.70A.570
36.70A.5601
36.70A.5601 Viability of agricultural lands—Ruckelshaus Center examination, report. (Expires December
1, 2012.) (1) The William D. Ruckelshaus Center must conduct an examination of the conflicts between agricultural
activities and critical area ordinances adopted under chapter
36.70A RCW. The examination required by this section
must commence by July 1, 2007.
(2) In fulfilling the requirements of this section, the center must: (a) Work and consult with willing participants
including, but not limited to, agricultural, environmental,
tribal, and local government interests; and (b) involve and
apprise legislators and legislative staff of its efforts.
(3) The examination conducted by the center must be
completed in two distinct phases in accordance with the following:
(a) In the first phase, the center must conduct fact-finding and stakeholder discussions with stakeholders identified
in subsection (2) of this section. These discussions must
identify stakeholder concerns, desired outcomes, opportunities, and barriers. The fact-finding must identify existing regulatory, management, and scientific information related to
agricultural activities and critical areas including, but not limited to: (i) Critical area ordinances adopted under chapter
36.70A RCW; (ii) acreage enrolled in the conservation
reserve enhancement program; (iii) acreage protected by conservation easements; (iv) buffer widths; (v) requirements of
federally approved salmon recovery plans; (vi) the impacts of
agricultural activities on Puget Sound recovery efforts; and
(vii) compliance with water quality requirements. The center
must issue two reports of its fact-finding efforts and stakeholder discussions to the governor and the appropriate committees of the house of representatives and the senate by
December 1, 2007, and December 1, 2008; and
(b)(i) In the second phase, the center must facilitate discussions between the stakeholders identified in subsection (2)
of this section to identify policy and financial options or
opportunities to address the issues and desired outcomes
identified by stakeholders in the first phase of the center’s
examination efforts.
(ii) In particular, the stakeholders must examine innovative solutions including, but not limited to, outcome-based
approaches that incorporate, to the maximum extent practicable, voluntary programs or approaches. Additionally, stakeholders must examine ways to modify statutory provisions to
ensure that regulatory constraints on agricultural activities
are used as a last resort if desired outcomes are not achieved
through voluntary programs or approaches.
(iii) The center must work to achieve agreement among
participating stakeholders and to develop a coalition that can
be used to support agreed upon changes or new approaches to
protecting critical areas during the 2011 legislative session.
(4) The center must issue a final report of findings and
legislative recommendations to the governor and the appro[Title 36 RCW—page 222]
36.70A.580 Climate change mitigation—Advisory
methodologies, computer programs, and estimates—
Vehicle miles traveled. (Expires January 1, 2011.) (1) The
department must develop and provide to counties and cities a
range of advisory climate change response methodologies, a
computer modeling program, and estimates of greenhouse
gas emission reductions resulting from specific measures.
The advisory methodologies, computer modeling program,
and estimates must reflect regional and local variations and
the diversity of counties and cities planning under RCW
36.70A.040. Advisory methodologies, the computer modeling program, estimates, and guidance developed under this
section must be consistent with recommendations developed
by the advisory policy committee established in section 4,
chapter 289, Laws of 2008.
(2) The department, in complying with this section, must
work with the department of transportation on reductions of
vehicle miles traveled through efforts associated with, and
independent of, the process directed by RCW 47.01.440.
(3) The department must complete and make available
the advisory climate change response methodologies, computer program, and estimates required by this section by
December 1, 2009. The advisory climate change response
methodologies, computer program, and estimates must be
updated two years before each completion date established in
RCW 36.70A.130(4)(a).
(4) This section expires January 1, 2011. [2008 c 289 §
2.]
36.70A.580
(2010 Ed.)
Growth Management—Planning by Selected Counties and Cities
Findings—2008 c 289: "(1) The legislature recognizes that the implications of a changed climate will affect the people, institutions, and economies of Washington. The legislature also recognizes that it is in the public
interest to reduce the state’s dependence upon foreign sources of carbon
fuels that do not promote energy independence or the economic strength of
the state. The legislature finds that the state, including its counties, cities,
and residents, must engage in activities that reduce greenhouse gas emissions
and dependence upon foreign oil.
(2) The legislature further recognizes that: (a) Patterns of land use
development influence transportation-related greenhouse gas emissions and
the need for foreign oil; (b) fossil fuel-based transportation is the largest
source of greenhouse gas emissions in Washington; and (c) the state and its
residents will not achieve emission reductions established in *RCW
80.80.020 without a significant decrease in transportation emissions.
(3) The legislature, therefore, finds that it is in the public interest of the
state to provide appropriate legal authority, where required, and to aid in the
development of policies, practices, and methodologies that may assist counties and cities in addressing challenges associated with greenhouse gas emissions and our state’s dependence upon foreign oil." [2008 c 289 § 1.]
*Reviser’s note: RCW 80.80.020 was repealed by 2008 c 14 § 13.
Application—2008 c 289: "This act is not intended to amend or affect
chapter 353, Laws of 2007." [2008 c 289 § 6.]
36.70A.5801 Global warming mitigation and adaptation program—Report. (Expires January 1, 2011.) (1) A
local government global warming mitigation and adaptation
program is established. The program must be administered
by the *department of community, trade, and economic
development and must conclude by June 30, 2010. The
department must, through a competitive process, select three
or fewer counties and six or fewer cities for the program.
Counties selected must reflect a range of opportunities to
address climate change in urbanizing, resource, or agricultural areas. Cities selected must reflect a range of sizes, geographic locations, and variations between those that are
highly urbanized and those that are less so that have more residential dwellings than employment positions.
(2) The program is established to assist the selected
counties and cities that: (a) Are addressing climate change
through their land use and transportation planning processes;
and (b) aspire to address climate change through their land
use and transportation planning processes, but lack necessary
resources to do so. The *department of community, trade,
and economic development may fund proposals to inventory
and mitigate global warming emissions, or adapt to the
adverse impacts of global warming, using criteria it develops
to accomplish the objectives of this section and RCW
36.70A.580 and section 4, chapter 289, Laws of 2008.
(3) The *department of community, trade, and economic
development must provide grants and technical assistance to
aid the selected counties and cities in their efforts to anticipate, mitigate, and adapt to global warming and its associated
problems. The department, in providing grants and technical
assistance, must ensure that grants and assistance are
awarded to counties and cities meeting the criteria established in subsection (2)(a) and (b) of this section.
(4) The *department of community, trade, and economic
development must provide a report of program findings and
recommendations to the governor and the appropriate committees of the house of representatives and the senate by January 1, 2011. The report must also consider the positive and
negative impacts to affordable housing, employment, transportation costs, and economic development that result from
addressing the impacts of climate change at the local level.
36.70A.5801
(2010 Ed.)
36.70A.695
(5) This section expires January 1, 2011. [2008 c 289 §
3.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Application—2008 c 289: See notes following RCW
36.70A.580.
36.70A.695 Development regulations—Jurisdictions
specified—Electric vehicle infrastructure. (1) By July 1,
2010, the development regulations of any jurisdiction:
(a) Adjacent to Interstate 5, Interstate 90, Interstate 405,
or state route number 520, with a population over twenty
thousand, and located in a county with a population over one
million five hundred thousand; or
(b) Adjacent to Interstate 5 and located in a county with
a population greater than six hundred thousand; or
(c) Adjacent to Interstate 5 and located in a county with
a state capitol within its borders;
planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt
and apply other development regulations that do not have the
effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(2) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction adjacent to
Interstate 5, Interstate 90, Interstate 405, or state route number 520 planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for
residential or resource use or critical areas. A jurisdiction
may adopt and apply other development regulations that do
not have the effect of precluding the siting of electric vehicle
infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction planning
under this chapter must allow battery charging stations as a
use in all areas except those zoned for residential or resource
use or critical areas. A jurisdiction may adopt and apply
other development regulations that do not have the effect of
precluding the siting of electric vehicle infrastructure in areas
where that use is allowed.
(4) Cities are authorized to adopt incentive programs to
encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives
may include bonus height, site coverage, floor area ratio, and
transferable development rights for use in urban growth
areas.
(5) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies
designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated
facility that will enable an electric vehicle with a swappable
battery to enter a drive lane and exchange the depleted battery
with a fully charged battery through a fully automated pro36.70A.695
[Title 36 RCW—page 223]
36.70A.800
Title 36 RCW: Counties
cess, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures,
machinery, and equipment necessary and integral to support
an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade
electrical outlet that allows for faster recharging of electric
vehicle batteries through higher power levels, which meets or
exceeds any standards, codes, and regulations set forth by
chapter 19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
(6) If federal funding for public investment in electric
vehicles, electric vehicle infrastructure, or alternative fuel
distribution infrastructure is not provided by February 1,
2010, subsection (1) of this section is null and void. [2009 c
459 § 12.]
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.
36.70A.800 Role of growth strategies commission.
The growth strategies commission created by executive order
shall:
(1) Analyze different methods for assuring that county
and city comprehensive plans adopted under chapter 36.70A
RCW are consistent with the planning goals under RCW
36.70A.020 and with other requirements of chapter 36.70A
RCW;
(2) Recommend to the legislature and the governor by
October 1, 1990, a specific structure or process that, among
other things:
(a) Ensures county and city comprehensive plans
adopted under chapter 36.70A RCW are coordinated and
comply with planning goals and other requirements under
chapter 36.70A RCW;
(b) Requires state agencies to comply with this chapter
and to consider and be consistent with county and city comprehensive plans in actions by state agencies, including the
location, financing, and expansion of transportation systems
and other public facilities;
(c) Defines the state role in growth management;
(d) Addresses lands and resources of statewide significance, including to:
(i) Protect these lands and resources of statewide significance by developing standards for their preservation and protection and suggesting the appropriate structure to monitor
and enforce the preservation of these lands and resources; and
(ii) Consider the environmental, economic, and social
values of the lands and resources with statewide significance;
(e) Identifies potential state funds that may be withheld
and incentives that promote county and city compliance with
chapter 36.70A RCW;
(f) Increases affordable housing statewide and promotes
linkages between land use and transportation;
(g) Addresses vesting of rights; and
(h) Addresses short subdivisions; and
(3) Develop recommendations to provide for the resolution of disputes over urban growth areas between counties
36.70A.800
[Title 36 RCW—page 224]
and cities, including incorporations and annexations. [1990
1st ex.s. c 17 § 86.]
36.70A.900 Severability—1990 1st ex.s. c 17. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1990 1st ex.s. c 17 § 88.]
36.70A.900
36.70A.901 Part, section headings not law—1990 1st
ex.s. c 17. Part and section headings as used in this act do not
constitute any part of the law. [1990 1st ex.s. c 17 § 89.]
36.70A.901
36.70A.902 Section headings not law—1991 sp.s. c
32. Section headings as used in this act do not constitute any
part of the law. [1991 sp.s. c 32 § 40.]
36.70A.902
36.70A.903 Transfer of powers, duties, and functions. (Effective July 1, 2011.) (1) The powers, duties, and
functions of the growth management hearings board are
hereby transferred to the environmental and land use hearings
office.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
growth management hearings board shall be delivered to the
custody of the environmental and land use hearings office.
All cabinets, furniture, office equipment, motor vehicles, and
other tangible property employed by the growth management
hearings board shall be made available to the environmental
and land use hearings office. All funds, credits, or other
assets held by the growth management hearings board shall
be assigned to the environmental and land use hearings
office.
(b) Any appropriations made to the growth management
hearings board shall, on July 1, 2011, be transferred and credited to the environmental and land use hearings office.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise
of the powers and the performance of the duties and functions
transferred, the director of financial management shall make
a determination as to the proper allocation and certify the
same to the state agencies concerned.
(3) All employees of the growth management hearings
board are transferred to the jurisdiction of the environmental
and land use hearings office. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned
to the environmental and land use hearings office to perform
their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All existing rules and all pending cases before the
growth management hearings board shall be continued and
acted upon by the growth management hearings board
located within the environmental and land use hearings
office. All pending business, existing contracts, and obligations shall remain in full force and shall be performed by the
environmental and land use hearings office.
36.70A.903
(2010 Ed.)
Local Project Review
(5) The transfer of the powers, duties, functions, and personnel of the growth management hearings board shall not
affect the validity of any act performed before July 1, 2011.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification. [2010 c 210 §
43.]
Intent—Effective dates—Application—Pending cases and rules—
2010 c 210: See notes following RCW 43.21B.001.
Chapter 36.70B
Chapter 36.70B RCW
LOCAL PROJECT REVIEW
Sections
36.70B.010
36.70B.020
36.70B.030
36.70B.040
36.70B.050
36.70B.060
36.70B.070
36.70B.080
36.70B.100
36.70B.110
36.70B.110
36.70B.120
36.70B.130
36.70B.140
36.70B.150
36.70B.160
36.70B.170
36.70B.180
36.70B.190
36.70B.200
36.70B.210
36.70B.220
36.70B.230
36.70B.900
Findings and declaration.
Definitions.
Project review—Required elements—Limitations.
Determination of consistency.
Local government review of project permit applications
required—Objectives.
Local governments planning under the growth management
act to establish integrated and consolidated project permit
process—Required elements.
Project permit applications—Determination of completeness—Notice to applicant.
Development regulations—Requirements—Report on implementation costs.
Designation of person or entity to receive determinations and
notices.
Notice of application—Required elements—Integration with
other review procedures—Administrative appeals (as
amended by 1997 c 396).
Notice of application—Required elements—Integration with
other review procedures—Administrative appeals (as
amended by 1997 c 429).
Permit review process.
Notice of decision—Distribution.
Project permits that may be excluded from review.
Local governments not planning under the growth management act may use provisions.
Additional project review encouraged—Construction.
Development agreements—Authorized.
Development agreements—Effect.
Development agreements—Recording—Parties and successors bound.
Development agreements—Public hearing.
Development agreements—Authority to impose fees not
extended.
Permit assistance staff.
Planning regulations—Copies provided to county assessor.
Finding—Severability—Part headings and table of contents
not law—1995 c 347.
36.70B.010 Findings and declaration. The legislature
finds and declares the following:
(1) As the number of environmental laws and development regulations has increased for land uses and development, so has the number of required local land use permits,
each with its own separate approval process.
(2) The increasing number of local and state land use
permits and separate environmental review processes
required by agencies has generated continuing potential for
conflict, overlap, and duplication between the various permit
and review processes.
(3) This regulatory burden has significantly added to the
cost and time needed to obtain local and state land use permits and has made it difficult for the public to know how and
36.70B.010
(2010 Ed.)
36.70B.030
when to provide timely comments on land use proposals that
require multiple permits and have separate environmental
review processes. [1995 c 347 § 401.]
36.70B.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Closed record appeal" means an administrative
appeal on the record to a local government body or officer,
including the legislative body, following an open record hearing on a project permit application when the appeal is on the
record with no or limited new evidence or information
allowed to be submitted and only appeal argument allowed.
(2) "Local government" means a county, city, or town.
(3) "Open record hearing" means a hearing, conducted
by a single hearing body or officer authorized by the local
government to conduct such hearings, that creates the local
government’s record through testimony and submission of
evidence and information, under procedures prescribed by
the local government by ordinance or resolution. An open
record hearing may be held prior to a local government’s
decision on a project permit to be known as an "open record
predecision hearing." An open record hearing may be held
on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on
the project permit.
(4) "Project permit" or "project permit application"
means any land use or environmental permit or license
required from a local government for a project action, including but not limited to building permits, subdivisions, binding
site plans, planned unit developments, conditional uses,
shoreline substantial development permits, site plan review,
permits or approvals required by critical area ordinances,
site-specific rezones authorized by a comprehensive plan or
subarea plan, but excluding the adoption or amendment of a
comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
(5) "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain
comments from the public or other agencies on a proposed
project permit prior to the local government’s decision. A
public meeting may include, but is not limited to, a design
review or architectural control board meeting, a special
review district or community council meeting, or a scoping
meeting on a draft environmental impact statement. A public
meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or
recommendation may be included in the local government’s
project permit application file. [1995 c 347 § 402.]
36.70B.020
36.70B.030 Project review—Required elements—
Limitations. (1) Fundamental land use planning choices
made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. The
review of a proposed project’s consistency with applicable
development regulations, or in the absence of applicable regulations the adopted comprehensive plan, under RCW
36.70B.040 shall incorporate the determinations under this
section.
36.70B.030
[Title 36 RCW—page 225]
36.70B.040
Title 36 RCW: Counties
(2) During project review, a local government or any
subsequent reviewing body shall determine whether the items
listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of
applicable regulations the adopted comprehensive plan. At a
minimum, such applicable regulations or plans shall be determinative of the:
(a) Type of land use permitted at the site, including uses
that may be allowed under certain circumstances, such as
planned unit developments and conditional and special uses,
if the criteria for their approval have been satisfied;
(b) Density of residential development in urban growth
areas; and
(c) Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development
regulations provide for funding of these facilities as required
by chapter 36.70A RCW.
(3) During project review, the local government or any
subsequent reviewing body shall not reexamine alternatives
to or hear appeals on the items identified in subsection (2) of
this section, except for issues of code interpretation. As part
of its project review process, a local government shall provide a procedure for obtaining a code interpretation as provided in RCW 36.70B.110.
(4) Pursuant to RCW 43.21C.240, a local government
may determine that the requirements for environmental analysis and mitigation measures in development regulations and
other applicable laws provide adequate mitigation for some
or all of the project’s specific adverse environmental impacts
to which the requirements apply.
(5) Nothing in this section limits the authority of a permitting agency to approve, condition, or deny a project as
provided in its development regulations adopted under chapter 36.70A RCW and in its policies adopted under RCW
43.21C.060. Project review shall be used to identify specific
project design and conditions relating to the character of
development, such as the details of site plans, curb cuts,
drainage swales, transportation demand management, the
payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts, if applicable.
(6) Subsections (1) through (4) of this section apply only
to local governments planning under RCW 36.70A.040.
[1995 c 347 § 404.]
Intent—Findings—1995 c 347 §§ 404 and 405: "In enacting RCW
36.70B.030 and 36.70B.040, the legislature intends to establish a mechanism
for implementing the provisions of chapter 36.70A RCW regarding compliance, conformity, and consistency of proposed projects with adopted comprehensive plans and development regulations. In order to achieve this purpose the legislature finds that:
(1) Given the extensive investment that public agencies and a broad
spectrum of the public are making and will continue to make in comprehensive plans and development regulations for their communities, it is essential
that project review start from the fundamental land use planning choices
made in these plans and regulations. If the applicable regulations or plans
identify the type of land use, specify residential density in urban growth
areas, and identify and provide for funding of public facilities needed to
serve the proposed development and site, these decisions at a minimum provide the foundation for further project review unless there is a question of
code interpretation. The project review process, including the environmental
review process under chapter 43.21C RCW and the consideration of consistency, should start from this point and should not reanalyze these land use
planning decisions in making a permit decision.
(2) Comprehensive plans and development regulations adopted by
local governments under chapter 36.70A RCW and environmental laws and
[Title 36 RCW—page 226]
rules adopted by the state and federal government have addressed a wide
range of environmental subjects and impacts. These provisions typically
require environmental studies and contain specific standards to address various impacts associated with a proposed development, such as building size
and location, drainage, transportation requirements, and protection of critical
areas. When a permitting agency applies these existing requirements to a
proposed project, some or all of a project’s potential environmental impacts
will be avoided or otherwise mitigated. Through the integrated project
review process described in subsection (1) of this section, the local government will determine whether existing requirements, including the applicable
regulations or plans, adequately analyze and address a project’s environmental impacts. RCW 43.21C.240 provides that project review should not
require additional studies or mitigation under chapter 43.21C RCW where
existing regulations have adequately addressed a proposed project’s probable specific adverse environmental impacts.
(3) Given the hundreds of jurisdictions and agencies in the state and the
numerous communities and applicants affected by development regulations
and comprehensive plans adopted under chapter 36.70A RCW, it is essential
to establish a uniform framework for considering the consistency of a proposed project with the applicable regulations or plan. Consistency should be
determined in the project review process by considering four factors found in
applicable regulations or plans: The type of land use allowed; the level of
development allowed, such as units per acre or other measures of density;
infrastructure, such as the adequacy of public facilities and services to serve
the proposed project; and the character of the proposed development, such as
compliance with specific development standards. This uniform approach
corresponds to existing project review practices and will not place a burden
on applicants or local government. The legislature intends that this approach
should be largely a matter of checking compliance with existing requirements for most projects, which are simple or routine, while more complex
projects may require more analysis. RCW 43.21C.240 and 36.70B.030
establish this uniform framework and also direct state agencies to consult
with local government and the public to develop a better format than the current environmental checklist to meet this objective.
(4) When an applicant applies for a project permit, consistency
between the proposed project and applicable regulations or plan should be
determined through a project review process that integrates land use and
environmental impact analysis, so that governmental and public review of
the proposed project as required by this chapter, by development regulations
under chapter 36.70A RCW, and by the environmental process under chapter
43.21C RCW run concurrently and not separately.
(5) RCW 36.70B.030 and 36.70B.040 address three related needs with
respect to how the project review process should address consistency
between a proposed project and the applicable regulations or plan:
(a) A uniform framework for the meaning of consistency;
(b) An emphasis on relying on existing requirements and adopted standards, with the use of supplemental authority as specified by chapter 43.21C
RCW to the extent that existing requirements do not adequately address a
project’s specific probable adverse environmental impacts; and
(c) The identification of three basic land use planning choices made in
applicable regulations or plans that, at a minimum, serve as a foundation for
project review and that should not be reanalyzed during project permitting."
[1995 c 347 § 403.]
36.70B.040 Determination of consistency. (1) A proposed project’s consistency with a local government’s development regulations adopted under chapter 36.70A RCW, or,
in the absence of applicable development regulations, the
appropriate elements of the comprehensive plan adopted
under chapter 36.70A RCW shall be decided by the local
government during project review by consideration of:
(a) The type of land use;
(b) The level of development, such as units per acre or
other measures of density;
(c) Infrastructure, including public facilities and services
needed to serve the development; and
(d) The characteristics of the development, such as
development standards.
(2) In deciding whether a project is consistent, the determinations made pursuant to RCW 36.70B.030(2) shall be
controlling.
36.70B.040
(2010 Ed.)
Local Project Review
(3) For purposes of this section, the term "consistency"
shall include all terms used in this chapter and chapter
36.70A RCW to refer to performance in accordance with this
chapter and chapter 36.70A RCW, including but not limited
to compliance, conformity, and consistency.
(4) Nothing in this section requires documentation, dictates an agency’s procedures for considering consistency, or
limits a city or county from asking more specific or related
questions with respect to any of the four main categories
listed in subsection (1)(a) through (d) of this section.
(5) The *department of community, trade, and economic
development is authorized to develop and adopt by rule criteria to assist local governments planning under RCW
36.70A.040 to analyze the consistency of project actions.
These criteria shall be jointly developed with the department
of ecology. [1997 c 429 § 46; 1995 c 347 § 405.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Intent—Findings—1995 c 347 §§ 404 and 405: See note following
RCW 36.70B.030.
Additional notes found at www.leg.wa.gov
36.70B.050 Local government review of project permit applications required—Objectives. Not later than
March 31, 1996, each local government shall provide by
ordinance or resolution for review of project permit applications to achieve the following objectives:
(1) Combine the environmental review process, both
procedural and substantive, with the procedure for review of
project permits; and
(2) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, provide for no more
than one open record hearing and one closed record appeal.
[1995 c 347 § 406.]
36.70B.050
36.70B.060 Local governments planning under the
growth management act to establish integrated and consolidated project permit process—Required elements.
Not later than March 31, 1996, each local government planning under RCW 36.70A.040 shall establish by ordinance or
resolution an integrated and consolidated project permit process that may be included in its development regulations. In
addition to the elements required by RCW 36.70B.050, the
process shall include the following elements:
(1) A determination of completeness to the applicant as
required by RCW 36.70B.070;
(2) A notice of application to the public and agencies
with jurisdiction as required by RCW 36.70B.110;
(3) Except as provided in RCW 36.70B.140, an optional
consolidated project permit review process as provided in
RCW 36.70B.120. The review process shall provide for no
more than one consolidated open record hearing and one
closed record appeal. If an open record predecision hearing is
provided prior to the decision on a project permit, the process
shall not allow a subsequent open record appeal hearing;
(4) Provision allowing for any public meeting or
required open record hearing to be combined with any public
meeting or open record hearing that may be held on the
project by another local, state, regional, federal, or other
agency, in accordance with provisions of RCW *36.70B.090
and 36.70B.110;
36.70B.070
(5) A single report stating all the decisions made as of the
date of the report on all project permits included in the consolidated permit process that do not require an open record
predecision hearing and any recommendations on project
permits that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency’s
authority under RCW 43.21C.060. The report may be the
local permit. If a threshold determination other than a determination of significance has not been issued previously by
the local government, the report shall include or append this
determination;
(6) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, if a local government
elects to provide an appeal of its threshold determinations or
project permit decisions, the local government shall provide
for no more than one consolidated open record hearing on
such appeal. The local government need not provide for any
further appeal and may provide an appeal for some but not all
project permit decisions. If an appeal is provided after the
open record hearing, it shall be a closed record appeal before
a single decision-making body or officer;
(7) A notice of decision as required by RCW 36.70B.130
and issued within the time period provided in RCW
36.70B.080 and *36.70B.090;
(8) Completion of project review by the local government, including environmental review and public review and
any appeals to the local government, within any applicable
time periods under *RCW 36.70B.090; and
(9) Any other provisions not inconsistent with the
requirements of this chapter or chapter 43.21C RCW. [1995
c 347 § 407.]
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.060
(2010 Ed.)
36.70B.070 Project permit applications—Determination of completeness—Notice to applicant. (1) Within
twenty-eight days after receiving a project permit application, a local government planning pursuant to RCW
36.70A.040 shall mail or provide in person a written determination to the applicant, stating either:
(a) That the application is complete; or
(b) That the application is incomplete and what is necessary to make the application complete.
To the extent known by the local government, the local
government shall identify other agencies of local, state, or
federal governments that may have jurisdiction over some
aspect of the application.
(2) A project permit application is complete for purposes
of this section when it meets the procedural submission
requirements of the local government and is sufficient for
continued processing even though additional information
may be required or project modifications may be undertaken
subsequently. The determination of completeness shall not
preclude the local government from requesting additional
information or studies either at the time of the notice of completeness or subsequently if new information is required or
substantial changes in the proposed action occur.
(3) The determination of completeness may include the
following as optional information:
36.70B.070
[Title 36 RCW—page 227]
36.70B.080
Title 36 RCW: Counties
(a) A preliminary determination of those development
regulations that will be used for project mitigation;
(b) A preliminary determination of consistency, as provided under RCW 36.70B.040; or
(c) Other information the local government chooses to
include.
(4)(a) An application shall be deemed complete under
this section if the local government does not provide a written
determination to the applicant that the application is incomplete as provided in subsection (1)(b) of this section.
(b) Within fourteen days after an applicant has submitted
to a local government additional information identified by the
local government as being necessary for a complete application, the local government shall notify the applicant whether
the application is complete or what additional information is
necessary. [1995 c 347 § 408; 1994 c 257 § 4. Formerly
RCW 36.70A.440.]
Additional notes found at www.leg.wa.gov
36.70B.080 Development regulations—Requirements—Report on implementation costs. (1) Development regulations adopted pursuant to RCW 36.70A.040 must
establish and implement time periods for local government
actions for each type of project permit application and provide timely and predictable procedures to determine whether
a completed project permit application meets the requirements of those development regulations. The time periods
for local government actions for each type of complete
project permit application or project type should not exceed
one hundred twenty days, unless the local government makes
written findings that a specified amount of additional time is
needed to process specific complete project permit applications or project types.
The development regulations must, for each type of permit application, specify the contents of a completed project
permit application necessary for the complete compliance
with the time periods and procedures.
(2)(a) Counties subject to the requirements of RCW
36.70A.215 and the cities within those counties that have
populations of at least twenty thousand must, for each type of
permit application, identify the total number of project permit
applications for which decisions are issued according to the
provisions of this chapter. For each type of project permit
application identified, these counties and cities must establish
and implement a deadline for issuing a notice of final decision as required by subsection (1) of this section and minimum requirements for applications to be deemed complete
under RCW 36.70B.070 as required by subsection (1) of this
section.
(b) Counties and cities subject to the requirements of this
subsection also must prepare annual performance reports that
include, at a minimum, the following information for each
type of project permit application identified in accordance
with the requirements of (a) of this subsection:
(i) Total number of complete applications received during the year;
(ii) Number of complete applications received during the
year for which a notice of final decision was issued before the
deadline established under this subsection;
36.70B.080
[Title 36 RCW—page 228]
(iii) Number of applications received during the year for
which a notice of final decision was issued after the deadline
established under this subsection;
(iv) Number of applications received during the year for
which an extension of time was mutually agreed upon by the
applicant and the county or city;
(v) Variance of actual performance, excluding applications for which mutually agreed time extensions have
occurred, to the deadline established under this subsection
during the year; and
(vi) The mean processing time and the number standard
deviation from the mean.
(c) Counties and cities subject to the requirements of this
subsection must:
(i) Provide notice of and access to the annual performance reports through the county’s or city’s web site; and
(ii) Post electronic facsimiles of the annual performance
reports through the county’s or city’s web site. Postings on a
county’s or city’s web site indicating that the reports are
available by contacting the appropriate county or city department or official do not comply with the requirements of this
subsection.
If a county or city subject to the requirements of this subsection does not maintain a web site, notice of the reports
must be given by reasonable methods, including but not limited to those methods specified in RCW 36.70B.110(4).
(3) Nothing in this section prohibits a county or city from
extending a deadline for issuing a decision for a specific
project permit application for any reasonable period of time
mutually agreed upon by the applicant and the local government.
(4) The *department of community, trade, and economic
development shall work with the counties and cities to review
the potential implementation costs of the requirements of
subsection (2) of this section. The department, in cooperation with the local governments, shall prepare a report summarizing the projected costs, together with recommendations
for state funding assistance for implementation costs, and
provide the report to the governor and appropriate committees of the senate and house of representatives by January 1,
2005. [2004 c 191 § 2; 2001 c 322 § 1; 1995 c 347 § 410;
(1995 c 347 § 409 expired July 1, 2000); 1994 c 257 § 3. Formerly RCW 36.70A.065.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Intent—2004 c 191: "The legislature finds that the timely
issuance of project permit decisions by local governments serves the public
interest. When these decisions, that are often responses to land use and
building permit applications, are issued according to specific and locally
established time periods and without unnecessary or inappropriate delays,
the public enjoys greater efficiency, consistency, and predictability in the
permitting process.
The legislature also finds that full access to relevant performance data
produced annually by local governments for each type of permit application
affords elected officials, project proponents, and the general public the
opportunity to review and compare the permit application and processing
performance of jurisdictions. Furthermore, the legislature finds that the
review and comparison of this data, and the requirement to provide convenient and direct internet access to germane and consistent reports, will likely
foster improved methods for processing applications, and issuing project
permit decisions in a timely manner.
The legislature, therefore, intends to continue and clarify the requirements for certain jurisdictions to produce and provide access to annual permitting performance reports." [2004 c 191 § 1.]
(2010 Ed.)
Local Project Review
Development regulations must provide sufficient land capacity for development: RCW 36.70A.115.
Additional notes found at www.leg.wa.gov
36.70B.100 Designation of person or entity to receive
determinations and notices. A local government may
require the applicant for a project permit to designate a single
person or entity to receive determinations and notices
required by this chapter. [1995 c 347 § 414.]
36.70B.100
36.70B.110
36.70B.110 Notice of application—Required elements—Integration with other review procedures—Administrative appeals (as
amended by 1997 c 396). (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application
to the public and the departments and agencies with jurisdiction as provided
in this section. If a local government has made a threshold determination ((of
significance)) under chapter 43.21C RCW concurrently with the notice of
application, the notice of application ((shall)) may be combined with the
threshold determination ((of significance)) and the scoping notice for a
determination of significance. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice
of application.
(2) The notice of application shall be provided within fourteen days
after the determination of completeness as provided in RCW 36.70B.070 and
include the following in whatever sequence or format the local government
deems appropriate:
(a) The date of application, the date of the notice of completion for the
application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the project
permits included in the application and, if applicable, a list of any studies
requested under RCW 36.70B.070 or *36.70B.090;
(c) The identification of other permits not included in the application to
the extent known by the local government;
(d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a city land use bulletin, the location
where the application and any studies can be reviewed;
(e) A statement of the public comment period, which shall be not less
than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the
decision once made, and any appeal rights. A local government may accept
public comments at any time prior to the closing of the record of an open
record predecision hearing, if any, or, if no open record predecision hearing
is provided, prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been made
at the time of notice, of those development regulations that will be used for
project mitigation and of consistency as provided in RCW 36.70B.040; and
(h) Any other information determined appropriate by the local government.
(3) If an open record predecision hearing is required for the requested
project permits, the notice of application shall be provided at least fifteen
days prior to the open record hearing.
(4) A local government shall use reasonable methods to give the notice
of application to the public and agencies with jurisdiction and may use its
existing notice procedures. A local government may use different types of
notice for different categories of project permits or types of project actions.
If a local government by resolution or ordinance does not specify its method
of public notice, the local government shall use the methods provided for in
(a) and (b) of this subsection. Examples of reasonable methods to inform the
public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where
the complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land
use newsletter published by the local government;
(c) Notifying public or private groups with known interest in a certain
proposal or in the type of proposal being considered;
(d) Notifying the news media;
(2010 Ed.)
36.70B.110
(e) Placing notices in appropriate regional or neighborhood newspapers or trade journals;
(f) Publishing notice in agency newsletters or sending notice to agency
mailing lists, either general lists or lists for specific proposals or subject
areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application shall not be required for project permits that
are categorically exempt under chapter 43.21C RCW, unless a public comment period or an open record predecision hearing is required.
(6) A local government shall integrate the permit procedures in this
section with environmental review under chapter 43.21C RCW as follows:
(a) Except for a threshold determination ((of significance)), the local
government may not issue ((its threshold determination, or issue)) a decision
or a recommendation on a project permit until the expiration of the public
comment period on the notice of application.
(b) If an open record predecision hearing is required and the local government’s threshold determination requires public notice under chapter
43.21C RCW, the local government shall issue its threshold determination at
least fifteen days prior to the open record predecision hearing.
(c) Comments shall be as specific as possible.
(7) A local government may combine any hearing on a project permit
with any hearing that may be held by another local, state, regional, federal,
or other agency provided that the hearing is held within the geographic
boundary of the local government. Hearings shall be combined if requested
by an applicant, as long as the joint hearing can be held within the time periods specified in *RCW 36.70B.090 or the applicant agrees to the schedule in
the event that additional time is needed in order to combine the hearings. All
agencies of the state of Washington, including municipal corporations and
counties participating in a combined hearing, are hereby authorized to issue
joint hearing notices and develop a joint format, select a mutually acceptable
hearing body or officer, and take such other actions as may be necessary to
hold joint hearings consistent with each of their respective statutory obligations.
(8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do
so, as long as:
(a) The agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;
and
(c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the
local government hearing.
(9) A local government is not required to provide for administrative
appeals. If provided, an administrative appeal of the project decision, combined with any environmental determinations, shall be filed within fourteen
days after the notice of the decision or after other notice that the decision has
been made and is appealable. The local government shall extend the appeal
period for an additional seven days, if state or local rules adopted pursuant to
chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision.
(10) The applicant for a project permit is deemed to be a participant in
any comment period, open record hearing, or closed record appeal.
(11) Each local government planning under RCW 36.70A.040 shall
adopt procedures for administrative interpretation of its development regulations. [1997 c 396 § 1; 1995 c 347 § 415.]
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.110
36.70B.110 Notice of application—Required elements—Integration with other review procedures—Administrative appeals (as
amended by 1997 c 429). (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application
to the public and the departments and agencies with jurisdiction as provided
in this section. If a local government has made a determination of significance under chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of
significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the
notice of application. Nothing in this section or this chapter prevents a lead
agency, when it is a project proponent or is funding a project, from conducting its review under chapter 43.21C RCW or from allowing appeals of procedural determinations prior to submitting a project permit application.
(2) The notice of application shall be provided within fourteen days
after the determination of completeness as provided in RCW 36.70B.070
[Title 36 RCW—page 229]
36.70B.120
Title 36 RCW: Counties
and, except as limited by the provisions of subsection (4)(b) of this section,
shall include the following in whatever sequence or format the local government deems appropriate:
(a) The date of application, the date of the notice of completion for the
application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the project
permits included in the application and, if applicable, a list of any studies
requested under RCW 36.70B.070 or *36.70B.090;
(c) The identification of other permits not included in the application to
the extent known by the local government;
(d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a city land use bulletin, the location
where the application and any studies can be reviewed;
(e) A statement of the public comment period, which shall be not less
than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the
decision once made, and any appeal rights. A local government may accept
public comments at any time prior to the closing of the record of an open
record predecision hearing, if any, or, if no open record predecision hearing
is provided, prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been made
at the time of notice, of those development regulations that will be used for
project mitigation and of consistency as provided in RCW ((36.70B.040))
36.70B.030(2); and
(h) Any other information determined appropriate by the local government.
(3) If an open record predecision hearing is required for the requested
project permits, the notice of application shall be provided at least fifteen
days prior to the open record hearing.
(4) A local government shall use reasonable methods to give the notice
of application to the public and agencies with jurisdiction and may use its
existing notice procedures. A local government may use different types of
notice for different categories of project permits or types of project actions.
If a local government by resolution or ordinance does not specify its method
of public notice, the local government shall use the methods provided for in
(a) and (b) of this subsection. Examples of reasonable methods to inform the
public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where
the notice of application required by subsection (2) of this section and the
complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land use
newsletter published by the local government;
(c) Notifying public or private groups with known interest in a certain
proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional or neighborhood newspapers or trade journals;
(f) Publishing notice in agency newsletters or sending notice to agency
mailing lists, either general lists or lists for specific proposals or subject
areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application shall not be required for project permits that
are categorically exempt under chapter 43.21C RCW, unless ((a public comment period or)) an open record predecision hearing is required or an open
record appeal hearing is allowed on the project permit decision.
(6) A local government shall integrate the permit procedures in this
section with its environmental review under chapter 43.21C RCW as follows:
(a) Except for a determination of significance and except as otherwise
expressly allowed in this section, the local government may not issue its
threshold determination((, or issue a decision or a recommendation on a
project permit)) until the expiration of the public comment period on the
notice of application.
(b) If an open record predecision hearing is required ((and the local
government’s threshold determination requires public notice under chapter
43.21C RCW)), the local government shall issue its threshold determination
at least fifteen days prior to the open record predecision hearing.
(c) Comments shall be as specific as possible.
(d) A local government is not required to provide for administrative
appeals of its threshold determination. If provided, an administrative appeal
[Title 36 RCW—page 230]
shall be filed within fourteen days after notice that the determination has
been made and is appealable. Except as otherwise expressly provided in this
section, the appeal hearing on a determination of nonsignificance shall be
consolidated with any open record hearing on the project permit.
(7) At the request of the applicant, a local government may combine
any hearing on a project permit with any hearing that may be held by another
local, state, regional, federal, or other agency ((provided that)), if:
(a) The hearing is held within the geographic boundary of the local
government((. Hearings shall be combined if requested by an applicant, as
long as)); and
(b) The joint hearing can be held within the time periods specified in
*RCW 36.70B.090 or the applicant agrees to the schedule in the event that
additional time is needed in order to combine the hearings. All agencies of
the state of Washington, including municipal corporations and counties participating in a combined hearing, are hereby authorized to issue joint hearing
notices and develop a joint format, select a mutually acceptable hearing body
or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations.
(8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do
so, as long as:
(a) The agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;
and
(c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the
local government hearing.
(9) A local government is not required to provide for administrative
appeals. If provided, an administrative appeal of the project decision((, combined with)) and of any environmental determination((s)) issued at the same
time as the project decision, shall be filed within fourteen days after the
notice of the decision or after other notice that the decision has been made
and is appealable. The local government shall extend the appeal period for an
additional seven days, if state or local rules adopted pursuant to chapter
43.21C RCW allow public comment on a determination of nonsignificance
issued as part of the appealable project permit decision.
(10) The applicant for a project permit is deemed to be a participant in
any comment period, open record hearing, or closed record appeal.
(11) Each local government planning under RCW 36.70A.040 shall
adopt procedures for administrative interpretation of its development regulations. [1997 c 429 § 48; 1995 c 347 § 415.]
Reviser’s note: *(1) RCW 36.70B.090 expired June 30, 2000, pursuant
to 1998 c 286 § 8.
(2) RCW 36.70B.110 was amended twice during the 1997 legislative
session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Additional notes found at www.leg.wa.gov
36.70B.120 Permit review process. (1) Each local
government planning under RCW 36.70A.040 shall establish
a permit review process that provides for the integrated and
consolidated review and decision on two or more project permits relating to a proposed project action, including a single
application review and approval process covering all project
permits requested by an applicant for all or part of a project
action and a designated permit coordinator. If an applicant
elects the consolidated permit review process, the determination of completeness, notice of application, and notice of
final decision must include all project permits being reviewed
through the consolidated permit review process.
(2) Consolidated permit review may provide different
procedures for different categories of project permits, but if a
project action requires project permits from more than one
category, the local government shall provide for consolidated
permit review with a single open record hearing and no more
than one closed record appeal as provided in RCW
36.70B.060. Each local government shall determine which
project permits are subject to an open record hearing and a
36.70B.120
(2010 Ed.)
Local Project Review
closed record appeal. Examples of categories of project permits include but are not limited to:
(a) Proposals that are categorically exempt from chapter
43.21C RCW, such as construction permits, that do not
require environmental review or public notice;
(b) Permits that require environmental review, but no
open record predecision hearing; and
(c) Permits that require a threshold determination and an
open record predecision hearing and may provide for a closed
record appeal to a hearing body or officer or to the local government legislative body.
(3) A local government may provide by ordinance or resolution for the same or a different decision maker or hearing
body or officer for different categories of project permits. In
the case of consolidated project permit review, the local government shall specify which decision makers shall make the
decision or recommendation, conduct the hearing, or decide
the appeal to ensure that consolidated permit review occurs
as provided in this section. The consolidated permit review
may combine an open record predecision hearing on one or
more permits with an open record appeal hearing on other
permits. In such cases, the local government by ordinance or
resolution shall specify which project permits, if any, shall be
subject to a closed record appeal. [1995 c 347 § 416.]
36.70B.130 Notice of decision—Distribution. A local
government planning under RCW 36.70A.040 shall provide a
notice of decision that also includes a statement of any
threshold determination made under chapter 43.21C RCW
and the procedures for administrative appeal, if any. The
notice of decision may be a copy of the report or decision on
the project permit application. The notice shall be provided to
the applicant and to any person who, prior to the rendering of
the decision, requested notice of the decision or submitted
substantive comments on the application. The local government shall provide for notice of its decision as provided in
RCW 36.70B.110(4), which shall also state that affected
property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. The local government shall provide notice of decision to
the county assessor’s office of the county or counties in
which the property is situated. [1996 c 254 § 1; 1995 c 347 §
417.]
36.70B.130
36.70B.140 Project permits that may be excluded
from review. (1) A local government by ordinance or resolution may exclude the following project permits from the
provisions of RCW 36.70B.060 through *36.70B.090 and
36.70B.110 through 36.70B.130: Landmark designations,
street vacations, or other approvals relating to the use of public areas or facilities, or other project permits, whether
administrative or quasi-judicial, that the local government by
ordinance or resolution has determined present special circumstances that warrant a review process different from that
provided in RCW 36.70B.060 through *36.70B.090 and
36.70B.110 through 36.70B.130.
(2) A local government by ordinance or resolution also
may exclude the following project permits from the provisions of RCW 36.70B.060 and 36.70B.110 through
36.70B.130: Lot line or boundary adjustments and building
36.70B.140
(2010 Ed.)
36.70B.170
and other construction permits, or similar administrative
approvals, categorically exempt from environmental review
under chapter 43.21C RCW, or for which environmental
review has been completed in connection with other project
permits. [1995 c 347 § 418.]
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.150 Local governments not planning under
the growth management act may use provisions. A local
government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of RCW 36.70B.060
through *36.70B.090 and 36.70B.110 through 36.70B.130
into its procedures for review of project permits or other
project actions. [1995 c 347 § 419.]
36.70B.150
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.160 Additional project review encouraged—
Construction. (1) Each local government is encouraged to
adopt further project review provisions to provide prompt,
coordinated review and ensure accountability to applicants
and the public, including expedited review for project permit
applications for projects that are consistent with adopted
development regulations and within the capacity of systemwide infrastructure improvements.
(2) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring a preapplication conference or a public meeting by rule, ordinance,
or resolution.
(3) Each local government shall adopt procedures to
monitor and enforce permit decisions and conditions.
(4) Nothing in this chapter modifies any independent
statutory authority for a government agency to appeal a
project permit issued by a local government. [1995 c 347 §
420.]
36.70B.160
36.70B.170
36.70B.170 Development agreements—Authorized.
(1) A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A city may enter into a development agreement for real property outside its boundaries as
part of a proposed annexation or a service agreement. A
development agreement must set forth the development standards and other provisions that shall apply to and govern and
vest the development, use, and mitigation of the development
of the real property for the duration specified in the agreement. A development agreement shall be consistent with
applicable development regulations adopted by a local government planning under chapter 36.70A RCW.
(2) RCW 36.70B.170 through 36.70B.190 and section
501, chapter 347, Laws of 1995 do not affect the validity of a
contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or
adopted under separate authority, that includes some or all of
the development standards provided in subsection (3) of this
section.
(3) For the purposes of this section, "development standards" includes, but is not limited to:
[Title 36 RCW—page 231]
36.70B.180
Title 36 RCW: Counties
(a) Project elements such as permitted uses, residential
densities, and nonresidential densities and intensities or
building sizes;
(b) The amount and payment of impact fees imposed or
agreed to in accordance with any applicable provisions of
state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
(c) Mitigation measures, development conditions, and
other requirements under chapter 43.21C RCW;
(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping,
and other development features;
(e) Affordable housing;
(f) Parks and open space preservation;
(g) Phasing;
(h) Review procedures and standards for implementing
decisions;
(i) A build-out or vesting period for applicable standards;
and
(j) Any other appropriate development requirement or
procedure.
(4) The execution of a development agreement is a
proper exercise of county and city police power and contract
authority. A development agreement may obligate a party to
fund or provide services, infrastructure, or other facilities. A
development agreement shall reserve authority to impose
new or different regulations to the extent required by a serious threat to public health and safety. [1995 c 347 § 502.]
Findings—Intent—1995 c 347 §§ 502-506: "The legislature finds that
the lack of certainty in the approval of development projects can result in a
waste of public and private resources, escalate housing costs for consumers
and discourage the commitment to comprehensive planning which would
make maximum efficient use of resources at the least economic cost to the
public. Assurance to a development project applicant that upon government
approval the project may proceed in accordance with existing policies and
regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage
private participation and comprehensive planning, and reduce the economic
costs of development. Further, the lack of public facilities and services is a
serious impediment to development of new housing and commercial uses.
Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public
facilities. It is the intent of the legislature by RCW 36.70B.170 through
36.70B.210 to allow local governments and owners and developers of real
property to enter into development agreements." [1995 c 347 § 501.]
36.70B.180
36.70B.180 Development agreements—Effect.
Unless amended or terminated, a development agreement is
enforceable during its term by a party to the agreement. A
development agreement and the development standards in the
agreement govern during the term of the agreement, or for all
or that part of the build-out period specified in the agreement,
and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning
ordinance or development standard or regulation adopted
after the effective date of the agreement. A permit or
approval issued by the county or city after the execution of
the development agreement must be consistent with the
development agreement. [1995 c 347 § 503.]
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
[Title 36 RCW—page 232]
36.70B.190 Development agreements—Recording—
Parties and successors bound. A development agreement
shall be recorded with the real property records of the county
in which the property is located. During the term of the development agreement, the agreement is binding on the parties
and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering
the property covered by the development agreement. [1995 c
347 § 504.]
36.70B.190
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.200 Development agreements—Public hearing. A county or city shall only approve a development
agreement by ordinance or resolution after a public hearing.
The county or city legislative body or a planning commission, hearing examiner, or other body designated by the legislative body to conduct the public hearing may conduct the
hearing. If the development agreement relates to a project
permit application, the provisions of chapter 36.70C RCW
shall apply to the appeal of the decision on the development
agreement. [1995 c 347 § 505.]
36.70B.200
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.210 Development agreements—Authority to
impose fees not extended. Nothing in RCW 36.70B.170
through 36.70B.200 and section 501, chapter 347, Laws of
1995 is intended to authorize local governments to impose
impact fees, inspection fees, or dedications or to require any
other financial contributions or mitigation measures except as
expressly authorized by other applicable provisions of state
law. [1995 c 347 § 506.]
36.70B.210
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.220 Permit assistance staff. (1) Each county
and city having populations of ten thousand or more that plan
under RCW 36.70A.040 shall designate permit assistance
staff whose function it is to assist permit applicants. An
existing employee may be designated as the permit assistance
staff.
(2) Permit assistance staff designated under this section
shall:
(a) Make available to permit applicants all current local
government regulations and adopted policies that apply to the
subject application. The local government shall provide
counter copies thereof and, upon request, provide copies
according to chapter 42.56 RCW. The staff shall also publish
and keep current one or more handouts containing lists and
explanations of all local government regulations and adopted
policies;
(b) Establish and make known to the public the means of
obtaining the handouts and related information; and
(c) Provide assistance regarding the application of the
local government’s regulations in particular cases.
(3) Permit assistance staff designated under this section
may obtain technical assistance and support in the compilation and production of the handouts under subsection (2) of
this section from the department of commerce. [2010 c 271 §
707; 2005 c 274 § 272; 1996 c 206 § 9.]
36.70B.220
(2010 Ed.)
Judicial Review of Land Use Decisions
Purpose—Effective date—2010 c 271: See notes following RCW
43.330.005.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Findings—1996 c 206: See note following RCW 43.05.030.
36.70B.230 Planning regulations—Copies provided
to county assessor. By July 31, 1997, a local government
planning under RCW 36.70A.040 shall provide to the county
assessor a copy of the local government’s comprehensive
plan and development regulations in effect on July 1st of that
year and shall thereafter provide any amendments to the plan
and regulations that were adopted before July 31st of each
following year. [1996 c 254 § 6.]
36.70B.230
36.70B.900 Finding—Severability—Part headings
and table of contents not law—1995 c 347. See notes following RCW 36.70A.470.
36.70B.900
Chapter 36.70C RCW
JUDICIAL REVIEW OF LAND USE DECISIONS
Chapter 36.70C
Sections
36.70C.005
36.70C.010
36.70C.020
36.70C.030
36.70C.040
36.70C.050
36.70C.060
36.70C.070
36.70C.080
36.70C.090
36.70C.100
36.70C.110
36.70C.120
36.70C.130
36.70C.140
36.70C.900
Short title.
Purpose.
Definitions.
Chapter exclusive means of judicial review of land use decisions—Exceptions.
Commencement of review—Land use petition—Procedure.
Joinder of parties.
Standing.
Land use petition—Required elements.
Initial hearing.
Expedited review.
Stay of action pending review.
Record for judicial review—Costs.
Scope of review—Discovery.
Standards for granting relief—Renewable resource projects
within energy overlay zones.
Decision of the court.
Finding—Severability—Part headings and table of contents
not law—1995 c 347.
36.70C.005 Short title. This chapter may be known
and cited as the land use petition act. [1995 c 347 § 701.]
36.70C.005
36.70C.010 Purpose. The purpose of this chapter is to
reform the process for judicial review of land use decisions
made by local jurisdictions, by establishing uniform, expedited appeal procedures and uniform criteria for reviewing
such decisions, in order to provide consistent, predictable,
and timely judicial review. [1995 c 347 § 702.]
36.70C.010
36.70C.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Energy overlay zone" means a formal plan enacted
by the county legislative authority that establishes suitable
areas for siting renewable resource projects based on currently available resources and existing infrastructure with
sensitivity to adverse environmental impact.
(2) "Land use decision" means a final determination by a
local jurisdiction’s body or officer with the highest level of
authority to make the determination, including those with
authority to hear appeals, on:
36.70C.020
(2010 Ed.)
36.70C.030
(a) An application for a project permit or other governmental approval required by law before real property may be
improved, developed, modified, sold, transferred, or used,
but excluding applications for permits or approvals to use,
vacate, or transfer streets, parks, and similar types of public
property; excluding applications for legislative approvals
such as area-wide rezones and annexations; and excluding
applications for business licenses;
(b) An interpretative or declaratory decision regarding
the application to a specific property of zoning or other ordinances or rules regulating the improvement, development,
modification, maintenance, or use of real property; and
(c) The enforcement by a local jurisdiction of ordinances
regulating the improvement, development, modification,
maintenance, or use of real property. However, when a local
jurisdiction is required by law to enforce the ordinances in a
court of limited jurisdiction, a petition may not be brought
under this chapter.
Where a local jurisdiction allows or requires a motion for
reconsideration to the highest level of authority making the
determination, and a timely motion for reconsideration has
been filed, the land use decision occurs on the date a decision
is entered on the motion for reconsideration, and not the date
of the original decision for which the motion for reconsideration was filed.
(3) "Local jurisdiction" means a county, city, or incorporated town.
(4) "Person" means an individual, partnership, corporation, association, public or private organization, or governmental entity or agency.
(5) "Renewable resources" has the same meaning provided in RCW 19.280.020. [2010 c 59 § 1; 2009 c 419 § 1;
1995 c 347 § 703.]
36.70C.030 Chapter exclusive means of judicial
review of land use decisions—Exceptions. (1) This chapter
replaces the writ of certiorari for appeal of land use decisions
and shall be the exclusive means of judicial review of land
use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part of
a local jurisdiction;
(ii) Land use decisions of a local jurisdiction that are
subject to review by a quasi-judicial body created by state
law, such as the shorelines hearings board or the growth management hearings board;
(b) Judicial review of applications for a writ of mandamus or prohibition; or
(c) Claims provided by any law for monetary damages or
compensation. If one or more claims for damages or compensation are set forth in the same complaint with a land use
petition brought under this chapter, the claims are not subject
to the procedures and standards, including deadlines, provided in this chapter for review of the petition. The judge
who hears the land use petition may, if appropriate, preside at
a trial for damages or compensation.
(2) The superior court civil rules govern procedural matters under this chapter to the extent that the rules are consistent with this chapter. [2010 1st sp.s. c 7 § 38; 2003 c 393 §
17; 1995 c 347 § 704.]
36.70C.030
[Title 36 RCW—page 233]
36.70C.040
Title 36 RCW: Counties
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
36.70C.040 Commencement of review—Land use
petition—Procedure. (1) Proceedings for review under this
chapter shall be commenced by filing a land use petition in
superior court.
(2) A land use petition is barred, and the court may not
grant review, unless the petition is timely filed with the court
and timely served on the following persons who shall be parties to the review of the land use petition:
(a) The local jurisdiction, which for purposes of the petition shall be the jurisdiction’s corporate entity and not an
individual decision maker or department;
(b) Each of the following persons if the person is not the
petitioner:
(i) Each person identified by name and address in the
local jurisdiction’s written decision as an applicant for the
permit or approval at issue; and
(ii) Each person identified by name and address in the
local jurisdiction’s written decision as an owner of the property at issue;
(c) If no person is identified in a written decision as provided in (b) of this subsection, each person identified by
name and address as a taxpayer for the property at issue in the
records of the county assessor, based upon the description of
the property in the application; and
(d) Each person named in the written decision who filed
an appeal to a local jurisdiction quasi-judicial decision maker
regarding the land use decision at issue, unless the person has
abandoned the appeal or the person’s claims were dismissed
before the quasi-judicial decision was rendered. Persons who
later intervened or joined in the appeal are not required to be
made parties under this subsection.
(3) The petition is timely if it is filed and served on all
parties listed in subsection (2) of this section within
twenty-one days of the issuance of the land use decision.
(4) For the purposes of this section, the date on which a
land use decision is issued is:
(a) Three days after a written decision is mailed by the
local jurisdiction or, if not mailed, the date on which the local
jurisdiction provides notice that a written decision is publicly
available;
(b) If the land use decision is made by ordinance or resolution by a legislative body sitting in a quasi-judicial capacity, the date the body passes the ordinance or resolution; or
(c) If neither (a) nor (b) of this subsection applies, the
date the decision is entered into the public record.
(5) Service on the local jurisdiction must be by delivery
of a copy of the petition to the persons identified by or pursuant to RCW 4.28.080 to receive service of process. Service
on other parties must be in accordance with the superior court
civil rules or by first-class mail to:
(a) The address stated in the written decision of the local
jurisdiction for each person made a party under subsection
(2)(b) of this section;
(b) The address stated in the records of the county assessor for each person made a party under subsection (2)(c) of
this section; and
36.70C.040
[Title 36 RCW—page 234]
(c) The address stated in the appeal to the quasi-judicial
decision maker for each person made a party under subsection (2)(d) of this section.
(6) Service by mail is effective on the date of mailing and
proof of service shall be by affidavit or declaration under
penalty of perjury. [1995 c 347 § 705.]
36.70C.050 Joinder of parties. If the applicant for the
land use approval is not the owner of the real property at
issue, and if the owner is not accurately identified in the
records referred to in RCW 36.70C.040(2) (b) and (c), the
applicant shall be responsible for promptly securing the joinder of the owners. In addition, within fourteen days after service each party initially named by the petitioner shall disclose
to the other parties the name and address of any person whom
such party knows may be needed for just adjudication of the
petition, and the petitioner shall promptly name and serve any
such person whom the petitioner agrees may be needed for
just adjudication. If such a person is named and served before
the initial hearing, leave of court for the joinder is not
required, and the petitioner shall provide the newly joined
party with copies of the pleadings filed before the party’s
joinder. Failure by the petitioner to name or serve, within the
time required by RCW 36.70C.040(3), persons who are
needed for just adjudication but who are not identified in the
records referred to in RCW 36.70C.040(2)(b), or in RCW
36.70C.040(2)(c) if applicable, shall not deprive the court of
jurisdiction to hear the land use petition. [1995 c 347 § 706.]
36.70C.050
36.70C.060 Standing. Standing to bring a land use
petition under this chapter is limited to the following persons:
(1) The applicant and the owner of property to which the
land use decision is directed;
(2) Another person aggrieved or adversely affected by
the land use decision, or who would be aggrieved or
adversely affected by a reversal or modification of the land
use decision. A person is aggrieved or adversely affected
within the meaning of this section only when all of the following conditions are present:
(a) The land use decision has prejudiced or is likely to
prejudice that person;
(b) That person’s asserted interests are among those that
the local jurisdiction was required to consider when it made
the land use decision;
(c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused
or likely to be caused by the land use decision; and
(d) The petitioner has exhausted his or her administrative
remedies to the extent required by law. [1995 c 347 § 707.]
36.70C.060
36.70C.070 Land use petition—Required elements.
A land use petition must set forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner’s
attorney, if any;
(3) The name and mailing address of the local jurisdiction whose land use decision is at issue;
(4) Identification of the decision-making body or officer,
together with a duplicate copy of the decision, or, if not a
written decision, a summary or brief description of it;
36.70C.070
(2010 Ed.)
Judicial Review of Land Use Decisions
(5) Identification of each person to be made a party
under RCW 36.70C.040(2) (b) through (d);
(6) Facts demonstrating that the petitioner has standing
to seek judicial review under RCW 36.70C.060;
(7) A separate and concise statement of each error
alleged to have been committed;
(8) A concise statement of facts upon which the petitioner relies to sustain the statement of error; and
(9) A request for relief, specifying the type and extent of
relief requested. [1995 c 347 § 708.]
36.70C.080 Initial hearing. (1) Within seven days after
the petition is served on the parties identified in RCW
36.70C.040(2), the petitioner shall note, according to the
local rules of superior court, an initial hearing on jurisdictional and preliminary matters. This initial hearing shall be
set no sooner than thirty-five days and no later than fifty days
after the petition is served on the parties identified in RCW
36.70C.040(2).
(2) The parties shall note all motions on jurisdictional
and procedural issues for resolution at the initial hearing,
except that a motion to allow discovery may be brought
sooner. Where confirmation of motions is required, each
party shall be responsible for confirming its own motions.
(3) The defenses of lack of standing, untimely filing or
service of the petition, and failure to join persons needed for
just adjudication are waived if not raised by timely motion
noted to be heard at the initial hearing, unless the court allows
discovery on such issues.
(4) The petitioner shall move the court for an order at the
initial hearing that sets the date on which the record must be
submitted, sets a briefing schedule, sets a discovery schedule
if discovery is to be allowed, and sets a date for the hearing or
trial on the merits.
(5) The parties may waive the initial hearing by scheduling with the court a date for the hearing or trial on the merits
and filing a stipulated order that resolves the jurisdictional
and procedural issues raised by the petition, including the
issues identified in subsections (3) and (4) of this section.
(6) A party need not file an answer to the petition. [1995
c 347 § 709.]
36.70C.080
36.70C.090 Expedited review. The court shall provide
expedited review of petitions filed under this chapter. The
matter must be set for hearing within sixty days of the date set
for submitting the local jurisdiction’s record, absent a showing of good cause for a different date or a stipulation of the
parties. [1995 c 347 § 710.]
36.70C.090
36.70C.100 Stay of action pending review. (1) A petitioner or other party may request the court to stay or suspend
an action by the local jurisdiction or another party to implement the decision under review. The request must set forth a
statement of grounds for the stay and the factual basis for the
request.
(2) A court may grant a stay only if the court finds that:
(a) The party requesting the stay is likely to prevail on
the merits;
(b) Without the stay the party requesting it will suffer
irreparable harm;
36.70C.100
(2010 Ed.)
36.70C.120
(c) The grant of a stay will not substantially harm other
parties to the proceedings; and
(d) The request for the stay is timely in light of the circumstances of the case.
(3) The court may grant the request for a stay upon such
terms and conditions, including the filing of security, as are
necessary to prevent harm to other parties by the stay. [1995
c 347 § 711.]
36.70C.110 Record for judicial review—Costs. (1)
Within forty-five days after entry of an order to submit the
record, or within such a further time as the court allows or as
the parties agree, the local jurisdiction shall submit to the
court a certified copy of the record for judicial review of the
land use decision, except that the petitioner shall prepare at
the petitioner’s expense and submit a verbatim transcript of
any hearings held on the matter.
(2) If the parties agree, or upon order of the court, the
record shall be shortened or summarized to avoid reproduction and transcription of portions of the record that are duplicative or not relevant to the issues to be reviewed by the
court.
(3) The petitioner shall pay the local jurisdiction the cost
of preparing the record before the local jurisdiction submits
the record to the court. Failure by the petitioner to timely pay
the local jurisdiction relieves the local jurisdiction of responsibility to submit the record and is grounds for dismissal of
the petition.
(4) If the relief sought by the petitioner is granted in
whole or in part the court shall equitably assess the cost of
preparing the record among the parties. In assessing costs the
court shall take into account the extent to which each party
prevailed and the reasonableness of the parties’ conduct in
agreeing or not agreeing to shorten or summarize the record
under subsection (2) of this section. [1995 c 347 § 712.]
36.70C.110
36.70C.120 Scope of review—Discovery. (1) When
the land use decision being reviewed was made by a quasijudicial body or officer who made factual determinations in
support of the decision and the parties to the quasi-judicial
proceeding had an opportunity consistent with due process to
make a record on the factual issues, judicial review of factual
issues and the conclusions drawn from the factual issues shall
be confined to the record created by the quasi-judicial body
or officer, except as provided in subsections (2) through (4)
of this section.
(2) For decisions described in subsection (1) of this section, the record may be supplemented by additional evidence
only if the additional evidence relates to:
(a) Grounds for disqualification of a member of the body
or of the officer that made the land use decision, when such
grounds were unknown by the petitioner at the time the
record was created;
(b) Matters that were improperly excluded from the
record after being offered by a party to the quasi-judicial proceeding; or
(c) Matters that were outside the jurisdiction of the body
or officer that made the land use decision.
(3) For land use decisions other than those described in
subsection (1) of this section, the record for judicial review
36.70C.120
[Title 36 RCW—page 235]
36.70C.130
Title 36 RCW: Counties
may be supplemented by evidence of material facts that were
not made part of the local jurisdiction’s record.
(4) The court may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the
record.
(5) The parties may not conduct pretrial discovery except
with the prior permission of the court, which may be sought
by motion at any time after service of the petition. The court
shall not grant permission unless the party requesting it
makes a prima facie showing of need. The court shall strictly
limit discovery to what is necessary for equitable and timely
review of the issues that are raised under subsections (2) and
(3) of this section. If the court allows the record to be supplemented, the court shall require the parties to disclose before
the hearing or trial on the merits the specific evidence they
intend to offer. If any party, or anyone acting on behalf of
any party, requests records under chapter 42.56 RCW relating to the matters at issue, a copy of the request shall simultaneously be given to all other parties and the court shall take
such request into account in fashioning an equitable discovery order under this section. [2005 c 274 § 273; 1995 c 347 §
713.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
36.70C.130
36.70C.130 Standards for granting relief—Renewable resource projects within energy overlay zones. (1)
The superior court, acting without a jury, shall review the
record and such supplemental evidence as is permitted under
RCW 36.70C.120. The court may grant relief only if the
party seeking relief has carried the burden of establishing that
one of the standards set forth in (a) through (f) of this subsection has been met. The standards are:
(a) The body or officer that made the land use decision
engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;
(b) The land use decision is an erroneous interpretation
of the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with expertise;
(c) The land use decision is not supported by evidence
that is substantial when viewed in light of the whole record
before the court;
(d) The land use decision is a clearly erroneous application of the law to the facts;
(e) The land use decision is outside the authority or jurisdiction of the body or officer making the decision; or
(f) The land use decision violates the constitutional
rights of the party seeking relief.
(2) In order to grant relief under this chapter, it is not
necessary for the court to find that the local jurisdiction
engaged in arbitrary and capricious conduct. A grant of relief
by itself may not be deemed to establish liability for monetary damages or compensation.
(3) Land use decisions made by a local jurisdiction concerning renewable resource projects within a county energy
overlay zone are presumed to be reasonable if they are in
compliance with the requirements and standards established
by local ordinance for that zone. However, for land use decisions concerning wind power generation projects, either:
[Title 36 RCW—page 236]
(a) The local ordinance for that zone is consistent with
the department of fish and wildlife’s wind power guidelines;
or
(b) The local jurisdiction prepared an environmental
impact statement under chapter 43.21C RCW on the energy
overlay zone; and
(i) The local ordinance for that zone requires project mitigation, as addressed in the environmental impact statement
and consistent with local, state, and federal law;
(ii) The local ordinance for that zone requires site specific fish and wildlife and cultural resources analysis; and
(iii) The local jurisdiction has adopted an ordinance that
addresses critical areas under chapter 36.70A RCW.
(4) If a local jurisdiction has taken action and adopted
local ordinances consistent with subsection (3)(b) of this section, then wind power generation projects permitted consistently with the energy overlay zone are deemed to have adequately addressed their environmental impacts as required
under chapter 43.21C RCW. [2009 c 419 § 2; 1995 c 347 §
714.]
36.70C.140 Decision of the court. The court may
affirm or reverse the land use decision under review or
remand it for modification or further proceedings. If the decision is remanded for modification or further proceedings, the
court may make such an order as it finds necessary to preserve the interests of the parties and the public, pending further proceedings or action by the local jurisdiction. [1995 c
347 § 715.]
36.70C.140
36.70C.900 Finding—Severability—Part headings
and table of contents not law—1995 c 347. See notes following RCW 36.70A.470.
36.70C.900
Chapter 36.71 RCW
PEDDLERS’ AND HAWKERS’ LICENSES
Chapter 36.71
Sections
36.71.010
36.71.020
36.71.030
36.71.040
36.71.050
36.71.060
36.71.070
36.71.080
36.71.090
Peddler’s license—"Peddler" defined.
Peddler’s license—Application for and issuance of license.
Peddler’s license—Record of applications.
Peddler’s license—Cancellation of license.
Peddler’s license—Liability of deposit—Lien on.
Peddler’s license—Penalty for peddling without license.
Hawkers, auctioneers, and barterers must procure license—
Exceptions.
Hawkers, auctioneers, and barterers must procure license—
Issuance of license.
Farmers, gardeners, etc., peddling own produce exempt from
license requirements—Exception—Valid direct retail
endorsement.
36.71.010 Peddler’s license—"Peddler" defined. The
term "peddler" for the purpose of this chapter includes all
persons, both principals and agents, who go from place to
place and house to house, carrying for sale and offering for
sale or exposal for sale, goods, wares, or merchandise except
agricultural, horticultural, or farm products, which they may
grow or raise, and except vendors of books, periodicals, or
newspapers: PROVIDED, That nothing in this chapter shall
apply to peddlers within the limits of any city or town which
by ordinance regulates the sale of goods, wares, or merchan36.71.010
(2010 Ed.)
Peddlers’ and Hawkers’ Licenses
36.71.090
dise by peddlers. [1963 c 4 § 36.71.010. Prior: 1929 c 110 §
1; 1909 c 214 § 1; RRS § 8353.]
vided by law. [2009 c 549 § 4123; 1985 c 91 § 6; 1963 c 4 §
36.71.050. Prior: 1909 c 214 § 6; RRS § 8358.]
36.71.020 Peddler’s license—Application for and
issuance of license. Every peddler, before commencing
business in any county of the state, shall apply in writing and
under oath to the appropriate county official of the county in
which he or she proposes to operate for a county license. The
application must state the names and residences of the owners or parties in whose interest the business is to be conducted. The applicant at the same time shall file a true statement under oath of the quantity and value of the stock of
goods, wares, and merchandise that is in the county for sale
or to be kept or exposed for sale in the county, make a special
deposit of five hundred dollars, and pay the county license
f e e a s m ay b e f i x e d u n d e r th e a u th o r i t y o f R C W
36.32.120(3).
The appropriate county official shall thereupon issue to
the applicant a peddler’s license, authorizing him or her to do
business in the county for the term of one year from the date
thereof. Every county license shall contain a copy of the
application therefor, shall not be transferable, and shall not
authorize more than one person to sell goods as a peddler,
either by agent or clerk, or in any other way than his or her
own proper person. [2009 c 549 § 4121; 1985 c 91 § 3; 1963
c 4 § 36.71.020. Prior: 1927 c 89 § 1; 1909 c 214 § 3; RRS
§ 8355.]
36.71.060 Peddler’s license—Penalty for peddling
without license. Every peddler who sells or offers for sale or
exposes for sale, at public or private sale any goods, wares, or
merchandise without a county license, is guilty of a misdemeanor and shall be punished by imprisonment for not less
than thirty days nor more than ninety days or by fine of not
less than fifty dollars nor more than two hundred dollars or by
both. [2003 c 53 § 207; 1963 c 4 § 36.71.060. Prior: 1909 c
214 § 2; RRS § 8354.]
36.71.020
36.71.030 Peddler’s license—Record of applications.
The appropriate county official of each county shall keep on
file all applications for peddlers’ licenses that are issued. All
files and records shall be in convenient form and open to public inspection. [1985 c 91 § 4; 1963 c 4 § 36.71.030. Prior:
1909 c 214 § 4; RRS § 8356.]
36.71.030
36.71.040 Peddler’s license—Cancellation of license.
Upon the expiration and return of a county license, the appropriate county official shall cancel it, indorse thereon the cancellation, and place it on file. After holding the special
deposit of the licensee for a period of ninety days from the
date of cancellation, he or she shall return the deposit or such
portion as may remain in his or her hands after satisfying the
claims made against it. [2009 c 549 § 4122; 1985 c 91 § 5;
1963 c 4 § 36.71.040. Prior: 1909 c 214 § 5; RRS § 8357.]
36.71.040
36.71.050 Peddler’s license—Liability of deposit—
Lien on. Each deposit made with the county shall be subject
to all taxes legally chargeable thereto, to attachment and execution on behalf of the creditors of the licensee whose claims
arise in connection with the business done under his or her
license, and the county may be held to answer as trustee in
any civil action in contract or tort brought against any licensee, and shall pay over, under order of the court or upon
execution, such amount of money as the licensee may be
chargeable with upon the final determination of the case.
Such deposit shall also be subject to the payment of any and
all fines and penalties incurred by the licensee through violations of the provisions of RCW 36.71.010, 36.71.020,
36.71.030, 36.71.040 and 36.71.060, which shall be a lien
upon the deposit and shall be collected in the manner pro36.71.050
(2010 Ed.)
36.71.060
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.71.070 Hawkers, auctioneers, and barterers must
procure license—Exceptions. (1) If any person sells any
goods, wares, or merchandise, at auction or public outcry, or
barters goods, wares or merchandise from traveling boats,
wagons, carts or vehicles of any kind, or from any pack, basket or other package carried on foot without first having
obtained a license therefor from the board of county commissioners of the county in which such goods are sold or bartered, he or she shall be guilty of a misdemeanor, and upon
conviction shall be fined not less than five nor more than fifty
dollars, and shall stand committed to the county jail of the
county in which the conviction is had until such fine and cost
of prosecution are paid, or discharged by due course of law:
PROVIDED, That this section shall not be construed as to
apply to any seagoing craft or to administrators or executors
selling property of deceased persons, or to private individuals
selling their household property, or furniture, or farming
tools, implements, or livestock, or any produce grown or
raised by them, either at public auction or private sale.
(2) Notwithstanding subsection (1) of this section, counties shall not license auctioneers that are licensed by the state
under chapter 18.11 RCW. [2009 c 549 § 4124; 1984 c 189
§ 6; 1963 c 4 § 36.71.070. Prior: 1879 p 130 § 1; 1873 p 437
§ 1; RRS § 8341.]
36.71.070
36.71.080 Hawkers, auctioneers, and barterers must
procure license—Issuance of license. The county legislative authority may, by its order, direct the appropriate county
official to issue a license to any person to do any business
designated in RCW 36.71.070 for such sum as may be fixed
under the authority of RCW 36.32.120(3). [1985 c 91 § 7;
1963 c 4 § 36.71.080. Prior: 1873 p 438 § 3; RRS § 8342.]
36.71.080
36.71.090 Farmers, gardeners, etc., peddling own
produce exempt from license requirements—Exception—Valid direct retail endorsement. (1) It shall be lawful for any farmer, gardener, or other person, without license,
to sell, deliver, or peddle any fruits, vegetables, berries, eggs,
or any farm produce or edibles raised, gathered, produced, or
manufactured by such person and no city or town shall pass
or enforce any ordinance prohibiting the sale by or requiring
license from the producers and manufacturers of farm produce and edibles as defined in this section. However, nothing
in this section authorizes any person to sell, deliver, or peddle, without license, in any city or town, any dairy product,
36.71.090
[Title 36 RCW—page 237]
Chapter 36.72
Title 36 RCW: Counties
meat, poultry, eel, fish, mollusk, or shellfish where a license
is required to engage legally in such activity in such city or
town.
(2) It is lawful for an individual in possession of a valid
direct retail endorsement, as established in RCW 77.65.510,
to sell, deliver, or peddle any legally harvested retail-eligible
species, as that term is defined in RCW 77.08.010, that is
caught, harvested, or collected under rule of the department
of fish and wildlife by such a person at a temporary food service establishment, as that term is defined in RCW
69.06.045, and no city, town, or county may pass or enforce
an ordinance prohibiting the sale by or requiring additional
licenses or permits from the holder of the valid direct retail
endorsement. However, this subsection does not prohibit a
city, town, or county from inspecting an individual displaying a direct retail endorsement to verify that the person is in
compliance with state board of health and local rules for food
service operations. [2003 c 387 § 5; 2002 c 301 § 9; 1984 c
25 § 4; 1963 c 4 § 36.71.090. Prior: 1917 c 45 § 1; 1897 c 62
§ 1; RRS § 8343.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
Chapter 36.72
36.72.080 Forms for public blanks, compilation of.
The state auditor, with the aid and advice of the attorney general shall compile the forms for all public blanks used in the
counties of this state in conformity with the general statutes
thereof. The various blanks shall be uniform throughout the
state. [1963 c 4 § 36.72.080. Prior: 1897 c 35 § 1; RRS §
4078.]
36.72.080
36.72.090 Forms for public blanks, compilation of—
Material to be provided by state. The material used in such
blank forms and the printing and binding thereof shall be provided for by the state in the same manner and under the same
rules and regulations as other public printing is now provided
for under the general statutes of this state. [1963 c 4 §
36.72.090. Prior: 1897 c 35 § 2; RRS § 4079.]
36.72.090
Chapter 36.72 RCW
PRINTING
Sections
36.72.071
36.72.075
36.72.080
36.72.090
may require that the successful bidder provide a bond for the
correct and faithful performance of the contract.
The county legislative authority shall let the contract to
the best and lowest responsible bidder, giving consideration
to the question of circulation in awarding the contract, with a
view to giving publication of notices the widest publicity.
[1977 c 34 § 2.]
All county officers to use official county newspaper.
Official county newspaper.
Forms for public blanks, compilation of.
Forms for public blanks, compilation of—Material to be provided by state.
36.72.071 All county officers to use official county
newspaper. All county officers shall cause all legal notices
and delinquent tax lists to be advertised in the official county
newspaper designated by the county legislative authority.
[1977 c 34 § 1.]
36.72.071
36.72.075 Official county newspaper. At its first April
meeting, the county legislative authority shall let a contract to
a legal newspaper qualified under this section to serve as the
official county newspaper for the term of one year beginning
on the first day of July following. If there be at least one legal
newspaper published in the county, the contract shall be let to
a legal newspaper published in the county. If there be no legal
newspaper published in the county, the county legislative
authority shall let the contract to a legal newspaper published
in an adjacent county and having general circulation in the
county.
When two or more legal newspapers are qualified under
the provisions of this section to be the official county newspaper, the county auditor shall advertise, at least five weeks
before the meeting at which the county legislative authority
shall let the contract for the official county newspaper, for bid
proposals to be submitted by interested qualified legal newspapers. Advertisement of the opportunity to bid shall be
mailed to all qualified legal newspapers and shall be published once in the official county newspaper. The advertisement may designate the form which notices shall take, and
36.72.075
[Title 36 RCW—page 238]
Chapter 36.73 RCW
TRANSPORTATION BENEFIT DISTRICTS
Chapter 36.73
Sections
36.73.010
36.73.015
36.73.020
36.73.030
36.73.040
36.73.050
36.73.060
36.73.065
36.73.070
36.73.080
36.73.090
36.73.100
36.73.110
36.73.120
36.73.130
36.73.140
36.73.150
36.73.160
36.73.170
36.73.180
36.73.900
Intent.
Definitions.
Establishment of district by county or city—Participation by
other jurisdictions.
Establishment of district by city.
General powers of district.
Establishment of district—Public hearing—Ordinance.
Authority to levy property tax.
Taxes, fees, charges, tolls.
Authority to issue general obligation bonds, revenue bonds.
Local improvement districts authorized—Special assessments—Bonds.
Printing of bonds.
Use of bond proceeds.
Acceptance and use of gifts and grants.
Imposition of fees on building construction or land development.
Power of eminent domain.
Authority to contract for street and highway improvements.
Department of transportation, counties, cities, and other jurisdictions may fund transportation improvements.
Transportation improvement projects—Material change policy—Annual report.
Completion of transportation improvement—Termination of
district operations—Termination of taxes, fees, charges, and
tolls—Dissolution of district.
Supplemental transportation improvements.
Liberal construction.
Roads and bridges, service districts: Chapter 36.83 RCW.
36.73.010 Intent. The legislature finds that the citizens
of the state can benefit by cooperation of the public and private sectors in addressing transportation needs. This cooperation can be fostered through enhanced capability for cities,
towns, and counties to make and fund transportation
improvements necessitated by economic development and to
improve the performance of the transportation system.
It is the intent of the legislature to encourage joint efforts
by the state, local governments, and the private sector to
36.73.010
(2010 Ed.)
Transportation Benefit Districts
respond to the need for those transportation improvements on
state highways, county roads, and city streets. This goal can
be better achieved by allowing cities, towns, and counties to
establish transportation benefit districts in order to respond to
the special transportation needs and economic opportunities
resulting from private sector development for the public
good. The legislature also seeks to facilitate the equitable
participation of private developers whose developments may
generate the need for those improvements in the improvement costs. [2005 c 336 § 2; 1987 c 327 § 1.]
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.015 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "City" means a city or town.
(2) "District" means a transportation benefit district created under this chapter.
(3) "Supplemental transportation improvement" or "supplemental improvement" means any project, work, or undertaking to provide public transportation service, in addition to
a district’s existing or planned voter-approved transportation
improvements, proposed by a participating city member of
the district under RCW 36.73.180.
(4) "Transportation improvement" means a project contained in the transportation plan of the state, a regional transportation planning organization, city, county, or eligible
jurisdiction as identified in RCW 36.73.020(2). A project
may include investment in new or existing highways of statewide significance, principal arterials of regional significance,
high capacity transportation, public transportation, and other
transportation projects and programs of regional or statewide
significance including transportation demand management.
Projects may also include the operation, preservation, and
maintenance of these facilities or programs. [2010 c 251 § 2;
2010 c 105 § 1; 2006 c 311 § 24; 2005 c 336 § 1.]
36.73.015
Reviser’s note: (1) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
(2) This section was amended by 2010 c 105 § 1 and by 2010 c 251 §
2, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—2006 c 311: See note following RCW 36.120.020.
Effective date—2005 c 336: "This act takes effect August 1, 2005."
[2005 c 336 § 26.]
36.73.020 Establishment of district by county or
city—Participation by other jurisdictions. (1) The legislative authority of a county or city may establish a transportation benefit district within the county or city area or within
the area specified in subsection (2) of this section, for the purpose of acquiring, constructing, improving, providing, and
funding a transportation improvement within the district that
is consistent with any existing state, regional, or local transportation plans and necessitated by existing or reasonably
foreseeable congestion levels. The transportation improvements shall be owned by the county of jurisdiction if located
in an unincorporated area, by the city of jurisdiction if located
in an incorporated area, or by the state in cases where the
transportation improvement is or becomes a state highway.
However, if deemed appropriate by the governing body of the
36.73.020
(2010 Ed.)
36.73.020
transportation benefit district, a transportation improvement
may be owned by a participating port district or transit district, unless otherwise prohibited by law. Transportation
improvements shall be administered and maintained as other
public streets, roads, highways, and transportation improvements. To the extent practicable, the district shall consider
the following criteria when selecting transportation improvements:
(a) Reduced risk of transportation facility failure and
improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment;
(h) Optimal performance of the system through time;
(i) Improved accessibility for, or other benefits to, persons with special transportation needs as defined in RCW
47.06B.012; and
(j) Other criteria, as adopted by the governing body.
(2) Subject to subsection (6) of this section, the district
may include area within more than one county, city, port district, county transportation authority, or public transportation
benefit area, if the legislative authority of each participating
jurisdiction has agreed to the inclusion as provided in an
interlocal agreement adopted pursuant to chapter 39.34
RCW. However, the boundaries of the district need not
include all territory within the boundaries of the participating
jurisdictions comprising the district.
(3) The members of the legislative authority proposing to
establish the district, acting ex officio and independently,
shall constitute the governing body of the district: PROVIDED, That where a district includes area within more than
one jurisdiction under subsection (2) of this section, the district shall be governed under an interlocal agreement adopted
pursuant to chapter 39.34 RCW, with the governing body
being composed of (a) at least five members including at least
one elected official from the legislative authority of each participating jurisdiction or (b) the governing body of the metropolitan planning organization serving the district, but only if
the district boundaries are identical to the boundaries of the
metropolitan planning organization serving the district.
(4) The treasurer of the jurisdiction proposing to establish the district shall act as the ex officio treasurer of the district, unless an interlocal agreement states otherwise.
(5) The electors of the district shall all be registered voters residing within the district.
(6) Prior to December 1, 2007, the authority under this
section, regarding the establishment of or the participation in
a district, shall not apply to:
(a) Counties with a population greater than one million
five hundred thousand persons and any adjoining counties
with a population greater than five hundred thousand persons;
(b) Cities with any area within the counties under (a) of
this subsection; and
(c) Other jurisdictions with any area within the counties
under (a) of this subsection. [2010 c 250 § 1; 2009 c 515 §
14; 2006 c 311 § 25; 2005 c 336 § 3; 1989 c 53 § 1; 1987 c
327 § 2.]
[Title 36 RCW—page 239]
36.73.030
Title 36 RCW: Counties
Findings—2006 c 311: See note following RCW 36.120.020.
Effective date—2005 c 336: See note following RCW 36.73.015.
Transportation benefit district tax authority: RCW 82.47.020.
Additional notes found at www.leg.wa.gov
36.73.030 Establishment of district by city.
RCW 35.21.225.
36.73.030
See
36.73.040 General powers of district. (1) A transportation benefit district is a quasi-municipal corporation, an
independent taxing "authority" within the meaning of Article
VII, section 1 of the state Constitution, and a "taxing district"
within the meaning of Article VII, section 2 of the state Constitution.
(2) A transportation benefit district constitutes a body
corporate and possesses all the usual powers of a corporation
for public purposes as well as all other powers that may now
or hereafter be specifically conferred by statute, including,
but not limited to, the authority to hire employees, staff, and
services, to enter into contracts, to acquire, hold, and dispose
of real and personal property, and to sue and be sued. Public
works contract limits applicable to the jurisdiction that established the district apply to the district.
(3) To carry out the purposes of this chapter, and subject
to the provisions of RCW 36.73.065, a district is authorized
to impose the following taxes, fees, charges, and tolls:
(a) A sales and use tax in accordance with RCW
82.14.0455;
(b) A vehicle fee in accordance with RCW 82.80.140;
(c) A fee or charge in accordance with RCW 36.73.120.
However, if a county or city within the district area is levying
a fee or charge for a transportation improvement, the fee or
charge shall be credited against the amount of the fee or
charge imposed by the district. Developments consisting of
less than twenty residences are exempt from the fee or charge
under RCW 36.73.120; and
(d) Vehicle tolls on state routes, city streets, or county
roads, within the boundaries of the district, unless otherwise
prohibited by law. However, consistent with RCW
47.56.820, the vehicle toll must first be authorized by the legislature if the toll is imposed on a state route. The department
of transportation shall administer the collection of vehicle
tolls authorized on state routes, unless otherwise specified in
law or by contract, and the state transportation commission,
or its successor, may approve, set, and impose the tolls in
amounts sufficient to implement the district’s transportation
improvement finance plan. The district shall administer the
collection of vehicle tolls authorized on city streets or county
roads, and shall set and impose the tolls in amounts sufficient
to implement the district’s transportation improvement plan.
However, consistent with RCW 47.56.850, the vehicle toll,
including any change in an existing toll rate, must first be
reviewed and approved by the tolling authority designated in
RCW 47.56.850 if the toll, or change in toll rate, would have
a significant impact, as determined by the tolling authority,
on the operation of any state facility. [2008 c 122 § 17; 2005
c 336 § 4; 1989 c 53 § 3; 1987 c 327 § 4.]
36.73.040
Effective date—2005 c 336: See note following RCW 36.73.015.
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 240]
36.73.050 Establishment of district—Public hearing—Ordinance. (1) The legislative authorities proposing
to establish a district, or to modify the boundaries of an existing district, or to dissolve an existing district shall conduct a
hearing at the time and place specified in a notice published
at least once, not less than ten days before the hearing, in a
newspaper of general circulation within the proposed district.
Subject to the provisions of RCW 36.73.170, the legislative
authorities shall make provision for a district to be automatically dissolved when all indebtedness of the district has been
retired and anticipated responsibilities have been satisfied.
This notice shall be in addition to any other notice required
by law to be published. The notice shall, where applicable,
specify the functions or activities proposed to be provided or
funded, or the additional functions or activities proposed to
be provided or funded, by the district. Additional notice of
the hearing may be given by mail, by posting within the proposed district, or in any manner the legislative authorities
deem necessary to notify affected persons. All hearings shall
be public and the legislative authorities shall hear objections
from any person affected by the formation, modification of
the boundaries, or dissolution of the district.
(2)(a) Following the hearing held pursuant to subsection
(1) of this section, the legislative authorities may establish a
district, modify the boundaries or functions of an existing district, or dissolve an existing district, if the legislative authorities find the action to be in the public interest and adopt an
ordinance providing for the action.
(b) The ordinance establishing a district shall specify the
functions and transportation improvements described under
RCW 36.73.015 to be exercised or funded and establish the
boundaries of the district. Subject to the provisions of RCW
36.73.160, functions or transportation improvements proposed to be provided or funded by the district may not be
expanded beyond those specified in the notice of hearing,
unless additional notices are made, further hearings on the
expansion are held, and further determinations are made that
it is in the public interest to so expand the functions or transportation improvements proposed to be provided or funded.
[2007 c 329 § 3; 2005 c 336 § 5; 1987 c 327 § 5.]
36.73.050
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.060 Authority to levy property tax. (1) A district may levy an ad valorem property tax in excess of the one
percent limitation upon the property within the district for a
one-year period whenever authorized by the voters of the district pursuant to RCW 84.52.052 and Article VII, section 2(a)
of the state Constitution.
(2) A district may provide for the retirement of voterapproved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property
tax levies in excess of the one percent limitation whenever
authorized by the voters of the district pursuant to Article
VII, section 2(b) of the state Constitution and RCW
84.52.056. [2005 c 336 § 6; 1987 c 327 § 6.]
36.73.060
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.065 Taxes, fees, charges, tolls. (1) Except as
provided in subsection (4) of this section, taxes, fees,
charges, and tolls may not be imposed by a district without
36.73.065
(2010 Ed.)
Transportation Benefit Districts
approval of a majority of the voters in the district voting on a
proposition at a general or special election. The proposition
must include a specific description of the transportation
improvement or improvements proposed by the district and
the proposed taxes, fees, charges, and the range of tolls
imposed by the district to raise revenue to fund the improvement or improvements.
(2) Voter approval under this section shall be accorded
substantial weight regarding the validity of a transportation
improvement as defined in RCW 36.73.015.
(3) A district may not increase any taxes, fees, charges,
or range of tolls imposed under this chapter once the taxes,
fees, charges, or tolls take effect, unless authorized by the
district voters pursuant to RCW 36.73.160.
(4)(a) A district that includes all the territory within the
boundaries of the jurisdiction, or jurisdictions, establishing
the district may impose by a majority vote of the governing
board of the district the following fees and charges:
(i) Up to twenty dollars of the vehicle fee authorized in
RCW 82.80.140; or
(ii) A fee or charge in accordance with RCW 36.73.120.
(b) The vehicle fee authorized in (a) of this subsection
may only be imposed for a passenger-only ferry transportation improvement if the vehicle fee is first approved by a
majority of the voters within the jurisdiction of the district.
(c)(i) A district solely comprised of a city or cities shall
not impose the fees or charges identified in (a) of this subsection within one hundred eighty days after July 22, 2007,
unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection within the one hundred eightyday period; or
(ii) A district solely comprised of a city or cities identified in RCW 36.73.020(6)(b) shall not impose the fees or
charges until after May 22, 2008, unless the county in which
the city or cities reside, by resolution, declares that it will not
impose the fees or charges identified in (a) of this subsection
through May 22, 2008.
(5) If the interlocal agreement in RCW 82.80.140(2)(a)
cannot be reached, a district that includes only the unincorporated territory of a county may impose by a majority vote of
the governing body of the district up to twenty dollars of the
vehicle fee authorized in RCW 82.80.140. [2007 c 329 § 1;
2005 c 336 § 17.]
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.070 Authority to issue general obligation
bonds, revenue bonds. (1) To carry out the purposes of this
chapter and notwithstanding RCW 39.36.020(1), a district
may issue general obligation bonds, not to exceed an amount,
together with any other outstanding nonvoter-approved general obligation indebtedness, equal to one and one-half percent of the value of taxable property within the district, as the
term "value of taxable property" is defined in RCW
39.36.015. A district may additionally issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an
amount equal to five percent of the value of the taxable property within the district, as the term "value of taxable property"
is defined in RCW 39.36.015, when authorized by the voters
36.73.070
(2010 Ed.)
36.73.080
of the district pursuant to Article VIII, section 6 of the state
Constitution, and may also provide for the retirement thereof
by excess property tax levies as provided in RCW
36.73.060(2). The district may, if applicable, submit a single
proposition to the voters that, if approved, authorizes both the
issuance of the bonds and the bond retirement property tax
levies.
(2) General obligation bonds with a maturity in excess of
forty years shall not be issued. The governing body of the
district shall by resolution determine for each general obligation bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates,
maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as to
principal and interest, registration as to principal only, or
bearer. Registration may include, but not be limited to: (a) A
book entry system of recording the ownership of a bond
whether or not physical bonds are issued; or (b) recording the
ownership of a bond together with the requirement that the
transfer of ownership may only be effected by the surrender
of the old bond and either the reissuance of the old bond or
the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to
fund specific projects or enterprises that generate revenues,
charges, user fees, or special assessments, the district may
specifically pledge all or a portion of the revenues, charges,
user fees, or special assessments to refund the general obligation bonds. The district may also pledge any other revenues
that may be available to the district.
(4) In addition to general obligation bonds, a district may
issue revenue bonds to be issued and sold in accordance with
chapter 39.46 RCW. [2005 c 336 § 7; 1987 c 327 § 7.]
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.080 Local improvement districts authorized—
Special assessments—Bonds. (1) A district may form a
local improvement district to provide any transportation
improvement it has the authority to provide, impose special
assessments on all property specially benefited by the transportation improvements, and issue special assessment bonds
or revenue bonds to fund the costs of the transportation
improvement. Local improvement districts shall be created
and administered, and assessments shall be made and collected, in the manner and to the extent provided by law to cities and towns pursuant to chapters 35.43, 35.44, 35.49, 35.50,
35.51, 35.53, and 35.54 RCW. However, the duties devolving upon the city or town treasurer under these chapters shall
be imposed upon the district treasurer for the purposes of this
section. A local improvement district may only be formed
under this section pursuant to the petition method under
RCW 35.43.120 and 35.43.125.
(2) The governing body of a district shall by resolution
establish for each special assessment bond issue the amount,
date, terms, conditions, denominations, maximum fixed or
variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, if any, covenants, and
36.73.080
[Title 36 RCW—page 241]
36.73.090
Title 36 RCW: Counties
form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may
include, but not be limited to: (a) A book entry system of
recording the ownership of a bond whether or not physical
bonds are issued; or (b) recording the ownership of a bond
together with the requirement that the transfer of ownership
may only be effected by the surrender of the old bond and
either the reissuance of the old bond or the issuance of a new
bond to the new owner. Facsimile signatures may be used on
the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond
the date of issue. Special assessment bonds issued pursuant
to this section shall not be an indebtedness of the district issuing the bonds, and the interest and principal on the bonds
shall only be payable from special assessments made for the
improvement for which the bonds were issued and any local
improvement guaranty fund that the district has created. The
owner or bearer of a special assessment bond or any interest
coupon issued pursuant to this section shall not have any
claim against the district arising from the bond or coupon
except for the payment from special assessments made for
the improvement for which the bonds were issued and any
local improvement guaranty fund the district has created.
The district issuing the special assessment bonds is not liable
to the owner or bearer of any special assessment bond or any
interest coupon issued pursuant to this section for any loss
occurring in the lawful operation of its local improvement
guaranty fund. The substance of the limitations included in
this subsection (2) shall be plainly printed, written, or
engraved on each special assessment bond issued pursuant to
this section.
(3) Assessments shall reflect any credits given by a district for real property or property right donations made pursuant to RCW 47.14.030.
(4) The governing body may establish, administer, and
pay money into a local improvement guaranty fund, in the
manner and to the extent provided by law to cities and towns
under chapter 35.54 RCW, to guarantee special assessment
bonds issued by the district. [2005 c 336 § 8; 1987 c 327 § 8.]
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.090
36.73.090 Printing of bonds. Where physical bonds
are issued pursuant to RCW 36.73.070 or 36.73.080, the
bonds shall be printed, engraved, or lithographed on good
bond paper and the manual or facsimile signatures of both the
treasurer and chairperson of the governing body shall be
included on each bond. [1987 c 327 § 9.]
36.73.100
36.73.100 Use of bond proceeds. (1) The proceeds of
any bond issued pursuant to RCW 36.73.070 or 36.73.080
may be used to pay costs incurred on a bond issue related to
the sale and issuance of the bonds. These costs include payments for fiscal and legal expenses, obtaining bond ratings,
printing, engraving, advertising, and other similar activities.
(2) In addition, proceeds of bonds used to fund capital
projects may be used to pay the necessary and related engineering, architectural, planning, and inspection costs. [2005
c 336 § 9; 1987 c 327 § 10.]
Effective date—2005 c 336: See note following RCW 36.73.015.
[Title 36 RCW—page 242]
36.73.110 Acceptance and use of gifts and grants. A
district may accept and expend or use gifts, grants, and donations. [2005 c 336 § 10; 1987 c 327 § 11.]
36.73.110
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.120 Imposition of fees on building construction
or land development. (1) Subject to the provisions in RCW
36.73.065, a district may impose a fee or charge on the construction or reconstruction of commercial buildings, industrial buildings, or on any other commercial or industrial
building or building space or appurtenance, or on the development, subdivision, classification, or reclassification of land
for commercial purposes, only if done in accordance with
chapter 39.92 RCW.
(2) Any fee or charge imposed under this section shall be
used exclusively for transportation improvements as defined
in RCW 36.73.015. The fees or charges imposed must be
reasonably necessary as a result of the impact of development, construction, or classification or reclassification of
land on identified transportation needs.
(3) If a county or city within the district area is levying a
fee or charge for a transportation improvement, the fee or
charge shall be credited against the amount of the fee or
charge imposed by the district. [2010 c 105 § 2; 2007 c 329
§ 4; 2005 c 336 § 11; 1988 c 179 § 7; 1987 c 327 § 12.]
36.73.120
Effective date—2005 c 336: See note following RCW 36.73.015.
Additional notes found at www.leg.wa.gov
36.73.130 Power of eminent domain. A district may
exercise the power of eminent domain to obtain property for
its authorized purposes in the same manner as authorized for
the city or county legislative authority that established the
district. [2005 c 336 § 12; 1987 c 327 § 13.]
36.73.130
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.140 Authority to contract for street and highway improvements. A district has the same powers as a
county or city to contract for street, road, or state highway
improvement projects and to enter into reimbursement contracts provided for in chapter 35.72 RCW. [2005 c 336 § 13;
1987 c 327 § 14.]
36.73.140
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.150 Department of transportation, counties,
cities, and other jurisdictions may fund transportation
improvements. The department of transportation, counties,
cities, and other jurisdictions may give funds to districts for
the purposes of financing transportation improvements under
this chapter. [2005 c 336 § 14; 1987 c 327 § 15.]
36.73.150
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.160 Transportation improvement projects—
Material change policy—Annual report. (1) The district
governing body shall develop a material change policy to
address major plan changes that affect project delivery or the
ability to finance the plan. The policy must at least address
material changes to cost, scope, and schedule, the level of
change that will require governing body involvement, and
how the governing body will address those changes. At a
minimum, in the event that a transportation improvement cost
36.73.160
(2010 Ed.)
Roads and Bridges—General Provisions
exceeds its original cost by more than twenty percent as identified in a district’s original finance plan, the governing body
shall hold a public hearing to solicit comment from the public
regarding how the cost change should be resolved.
(2) A district shall issue an annual report, indicating the
status of transportation improvement costs, transportation
improvement expenditures, revenues, and construction
schedules, to the public and to newspapers of record in the
district. [2005 c 336 § 18.]
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.170 Completion of transportation improvement—Termination of district operations—Termination
of taxes, fees, charges, and tolls—Dissolution of district.
Within thirty days of the completion of the construction of
the transportation improvement or series of improvements
authorized by a district, the district shall terminate day-to-day
operations and exist solely as a limited entity that oversees
the collection of revenue and the payment of debt service or
financing still in effect, if any and to carry out the requirements of RCW 36.73.160. The district shall accordingly
adjust downward its employees, administration, and overhead expenses. Any taxes, fees, charges, or tolls imposed by
the district terminate when the financing or debt service on
the transportation improvement or series of improvements
constructed is completed and paid and notice is provided to
the departments administering the taxes. Any excess revenues collected must be disbursed to the participating jurisdictions of the district in proportion to their population, using
population estimates prepared by the office of financial management. The district shall dissolve itself and cease to exist
thirty days after the financing or debt service on the transportation improvement, or series of improvements, constructed
is completed and paid. If there is no debt outstanding, then
the district shall dissolve within thirty days from completion
of construction of the transportation improvement or series of
improvements authorized by the district. Notice of dissolution must be published in newspapers of general circulation
within the district at least three times in a period of thirty
days. Creditors must file claims for payment of claims due
within thirty days of the last published notice or the claim is
extinguished. [2005 c 336 § 19.]
36.73.170
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.180 Supplemental transportation improvements. (1) In districts comprised of more than one member
city, the legislative authorities of any member city that is
located in a county having a population of more than one million five hundred thousand may petition the district to provide supplemental transportation improvements.
(2) Upon receipt of a petition as provided in subsection
(1) of this section for supplemental transportation improvements that are to be fully funded by the petitioner city, including ongoing operating and maintenance costs, the district
must:
(a) Conduct a public hearing, and provide notice and
opportunity for public comment consistent with the requirements of RCW 36.73.050(1); and
(b) Following the hearing, if a majority of the district’s
governing board determines that the proposed supplemental
Chapter 36.75
transportation improvements are in the public interest, the
district shall adopt an ordinance providing for the incorporation of the supplemental improvements into any existing services. The supplemental transportation improvements must
be in addition to existing services provided by the district.
The district shall enter into agreements with the petitioner
city or identified service providers to coordinate existing services with the supplemental improvements.
(3) Upon receipt of a petition as provided in subsection
(1) of this section for supplemental transportation improvements proposed to be partially or fully funded by the district,
the district must:
(a) Conduct a public hearing, and provide notice and
opportunity for public comment consistent with the requirements of RCW 36.73.050(1); and
(b) Following the hearing, submit a proposition to the
voters at the next special or general election for approval by a
majority of the voters in the district. The proposition must
specify the supplemental transportation improvements to be
provided and must estimate the capital, maintenance, and
operating costs to be funded by the district.
(4) If a proposition to incorporate supplemental transportation improvements is approved by the voters as provided
under subsection (3) of this section, the district shall adopt an
ordinance providing for the incorporation of the supplemental improvements into any existing services provided by the
district. The supplemental improvements must be in addition
to existing services. The district shall enter into agreements
with the petitioner city or identified service providers to coordinate existing services with the supplemental improvements.
(5) A supplemental transportation improvement must be
consistent with the petitioner city’s comprehensive plan
under chapter 36.70A RCW.
(6) Unless otherwise agreed to by the petitioner city or
by a majority of the district’s governing board, upon adoption
of an ordinance under subsection (2) or (4) of this section, the
district shall maintain its existing public transportation service levels in locations where supplemental transportation
improvements are provided. [2010 c 251 § 3.]
36.73.900 Liberal construction. The rule of strict construction does not apply to this chapter, and this chapter shall
be liberally construed to permit the accomplishment of its
purposes. [1987 c 327 § 16.]
36.73.900
36.73.180
(2010 Ed.)
Chapter 36.75 RCW
ROADS AND BRIDGES—GENERAL PROVISIONS
Chapter 36.75
Sections
36.75.010
36.75.020
36.75.030
36.75.035
36.75.040
36.75.050
36.75.060
36.75.065
36.75.070
36.75.080
36.75.090
36.75.100
36.75.110
36.75.120
Definitions.
County roads—County legislative authority as agent of state—
Standards.
State and county cooperation.
County may fund improvements to state highways.
Powers of county commissioners.
Powers—How exercised.
County road districts.
Community revitalization financing—Public improvements.
Highways worked seven years are county roads.
Highways used ten years are county roads.
Abandoned state highways.
Informalities not fatal.
True locations to be determined—Survey.
Action to determine true location.
[Title 36 RCW—page 243]
36.75.010
36.75.130
36.75.160
36.75.170
36.75.180
36.75.190
36.75.200
36.75.203
36.75.205
36.75.207
36.75.210
36.75.220
36.75.230
36.75.240
36.75.243
36.75.250
36.75.255
36.75.260
36.75.270
36.75.280
36.75.290
36.75.300
Title 36 RCW: Counties
Approaches to county roads—Rules regarding construction—
Penalty.
Power of county commissioners as to roads, bridges, and other
structures crossing boundary lines.
Power of county commissioners as to roads, bridges, and other
structures crossing boundary lines—Resolution to acquire or
construct.
Power of county commissioners as to roads, bridges, and other
structures crossing boundary lines—Freeholders’ petition to
acquire or construct.
Engineer’s report—Hearing—Order.
Bridges on city or town streets.
Responsibility of city to maintain county road forming a
municipal boundary.
Street as extension of road in town of less than one thousand.
Agreements for planning, establishment, construction, and
maintenance of city streets by counties—Use of county road
fund—Payment by city—Contracts, bids.
Roads crossing boundaries.
Connecting road across segment of third county.
Acquisition of land under RCW 36.75.210 and 36.75.220.
Sidewalks and pedestrian paths or walks—Bicycle paths,
lanes, routes, and roadways—Standards.
Curb ramps for persons with physical disabilities.
State may intervene if maintenance neglected.
Street improvements—Provision of supplies or materials.
Annual report to secretary of transportation.
Limitation of type or weight of vehicles authorized—Penalty.
Centralized repair and storage of machinery, equipment, supplies, etc.
General penalty.
Primitive roads—Classification and designation.
Bridges across navigable waters: Chapter 88.28 RCW.
Cities and towns
annexation of unincorporated areas, disposition of road district taxes:
RCW 35.13.270.
disincorporation, effect on streets: RCW 35.07.110.
incorporation, disposition of uncollected road district taxes: RCW
35.02.140.
Classification of highways, county roads: RCW 47.04.020.
Contracts for street, road, and highway projects: Chapter 35.72 RCW.
County roads
construction or maintenance of, cooperative agreements, prevention or
minimization of flood damages: RCW 47.28.140.
defined for highway purposes: RCW 47.04.010(9).
defined for motor vehicle purposes: RCW 46.04.150.
designation as arterial: RCW 46.61.195.
federal funds for, state to match: RCW 47.08.020.
federal grants to, department of transportation to administer: RCW
47.04.060, 47.04.070.
may be selected as state highway route: RCW 47.28.010.
projects by department of transportation, funds set aside: RCW
47.08.080.
state participation in building: RCW 47.04.080.
title to rights-of-way vested in state: RCW 47.04.040.
Department of transportation and transportation improvement board to
coordinate long range needs studies: RCW 47.01.240.
Destroying native flora near county roads unlawful: RCW 47.40.080.
Dikes along public road, diking districts by: RCW 85.05.250.
Diking, drainage, and sewerage improvement districts
benefits to roads, costs: RCW 85.08.370.
crossing roads, procedure: RCW 85.08.340.
Diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
Diking and drainage intercounty districts, counties to contribute for benefits
to roads and bridges by: RCW 85.24.240.
Drainage ditches along roads by drainage improvement district: RCW
85.08.385.
Flood control districts (1937 act), crossing county roads, procedure: RCW
86.09.229.
Glass bottles thrown along county roads, collection and removal: RCW
47.40.090.
Highway advertising control act
county information signs allowed under: RCW 47.42.050.
[Title 36 RCW—page 244]
not to supersede county ordinance: RCW 47.42.070.
Labor on, maximum hours of prescribed: Chapter 49.28 RCW.
Limited access facilities: Chapter 47.52 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
Motor vehicles, maximum weight, size, speed in traversing bridges, tunnels,
etc.: RCW 46.61.450.
Public lands
rights-of-way over for county bridges, trestles, across waterways, tide or
shore lands: RCW 79.110.120.
rights-of-way over for roads, county wharves: RCW 79.36.440.
sale of road materials on to counties: RCW 79.15.320.
Public works contracts, reserve from amount due contractors to cover lien
for labor, material or taxes: Chapter 60.28 RCW.
Railroad grade crossings, county participation in grant, duty to maintain:
Chapter 81.53 RCW.
Reclamation districts of one million acres benefit to public roads, procedure: RCW 89.30.181.
Right to back and hold waters over county roads: RCW 90.28.010,
90.28.020.
Speeds, maximums on county roads: RCW 46.61.415.
State cooperation in building roads, bridges, etc.: RCW 47.04.080.
Street railways, may cross public road: RCW 81.64.030.
Telecommunications companies, use of county roads, how: RCW 80.36.040.
Title to rights-of-way in county roads vested in state: RCW 47.04.040.
Toll bridges
ferry crossings not to infringe existing franchises: RCW 47.60.120.
state given right-of-way through county roads: RCW 47.56.100.
Toll roads, bridges, and ferries of state, sale or lease of unneeded property
to county: RCW 47.56.253.
36.75.010 Definitions. As used in this title with relation
to roads and bridges, the following terms mean:
(1) "Alley," a highway not designed for general travel
and primarily used as a means of access to the rear of residences and business establishments;
(2) "Board," the board of county commissioners or the
county legislative authority, however organized;
(3) "Center line," the line, marked or unmarked, parallel
to and equidistant from the sides of a two-way traffic roadway of a highway except where otherwise indicated by
painted lines or markers;
(4) "City street," every highway or part thereof, located
within the limits of incorporated cities and towns, except
alleys;
(5) "County engineer" means the county road engineer,
county engineer, and engineer, and shall refer to the statutorily required position of county engineer appointed under
RCW 36.80.010; and may include the county director of public works when the person in that position also meets the
requirements of a licensed professional engineer and is duly
appointed by the county legislative authority under RCW
36.80.010;
(6) "County road," every highway or part thereof, outside the limits of incorporated cities and towns and which has
not been designated as a state highway;
(7) "Department," the state department of transportation;
(8) "Director" or "secretary," the state secretary of transportation or his or her duly authorized assistant;
(9) "Pedestrian," any person afoot;
(10) "Private road or driveway," every way or place in
private ownership and used for travel of vehicles by the
36.75.010
(2010 Ed.)
Roads and Bridges—General Provisions
owner or those having express or implied permission from
the owner, but not by other persons;
(11) "Highway," every way, lane, road, street, boulevard,
and every way or place in the state of Washington open as a
matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;
(12) "Railroad," a carrier of persons or property upon
vehicles, other than streetcars, operated upon stationary rails,
the route of which is principally outside incorporated cities
and towns;
(13) "Roadway," the paved, improved, or proper driving
portion of a highway designed or ordinarily used for vehicular travel;
(14) "Sidewalk," property between the curb lines or the
lateral lines of a roadway, and the adjacent property, set aside
and intended for the use of pedestrians or such portion of private property parallel and in proximity to a highway and dedicated to use by pedestrians;
(15) "State highway," includes every highway as herein
defined, or part thereof, that has been designated as a state
highway, or branch thereof, by legislative enactment. [2005
c 161 § 1; 1984 c 7 § 26; 1975 c 62 § 1; 1969 ex.s. c 182 § 1;
1963 c 4 § 36.75.010. Prior: 1937 c 187 § 1; RRS § 6450-1.]
Additional notes found at www.leg.wa.gov
36.75.020 County roads—County legislative authority as agent of state—Standards. All of the county roads in
each of the several counties shall be established, laid out,
constructed, altered, repaired, improved, and maintained by
the legislative authority of the respective counties as agents
of the state, or by private individuals or corporations who are
allowed to perform such work under an agreement with the
county legislative authority. Such work shall be done in
accordance with adopted county standards under the supervision and direction of the county engineer. [1982 c 145 § 6;
1963 c 4 § 36.75.020. Prior: 1943 c 82 § 1; 1937 c 187 § 2;
Rem. Supp. 1943 § 6450-2.]
36.75.020
36.75.030 State and county cooperation. The state
department of transportation and the governing officials of
any county may enter into reciprocal public highway
improvement and maintenance agreements, providing for
cooperation either in the county assisting the department in
the improvement or maintenance of state highways, or the
department assisting the county in the improvement or maintenance of county roads, under any circumstance where a
necessity appears therefor or where economy in public highway improvement and maintenance will be best served.
[1984 c 7 § 27; 1963 c 4 § 36.75.030. Prior: 1939 c 181 § 11;
RRS § 6450-2a.]
36.75.060
RCW under this section must be limited to improvements to
the state highway system and shall not include maintenance
or operations. Nothing in this section shall limit the authority
of a county to fund cooperative improvement and maintenance agreements with the department of transportation,
authorized by RCW 36.75.030 or 47.28.140. [2002 c 60 § 1;
1985 c 400 § 1.]
County road improvement districts and service districts may improve state
highways: RCW 36.83.010 and 36.88.010.
36.75.040 Powers of county commissioners. The
board of county commissioners of each county, in relation to
roads and bridges, shall have the power and it shall be its duty
to:
(1) Acquire in the manner provided by law property real
and personal and acquire or erect structures necessary for the
administration of the county roads of such county;
(2) Maintain a county engineering office and keep record
of all proceedings and orders pertaining to the county roads
of such county;
(3) Acquire land for county road purposes by purchase,
gift, or condemnation, and exercise the right of eminent
domain as by law provided for the taking of land for public
use by counties of this state;
(4) Perform all acts necessary and proper for the administration of the county roads of such county as by law provided;
(5) In its discretion rent or lease any lands, improvements or air space above or below any county road or unused
county roads to any person or entity, public or private: PROVIDED, That the said renting or leasing will not interfere
with vehicular traffic along said county road or adversely
affect the safety of the traveling public: PROVIDED FURTHER, That any such sale, lease or rental shall be by public
bid in the manner provided by law: AND PROVIDED FURTHER, That nothing herein shall prohibit any county from
granting easements of necessity. [1969 ex.s. c 182 § 15; 1963
c 4 § 36.75.040. Prior: 1937 c 187 § 3; RRS § 6450-3.]
36.75.040
36.75.030
Additional notes found at www.leg.wa.gov
36.75.035 County may fund improvements to state
highways. A county pursuant to chapter 36.88 RCW, or a
service district as provided for in chapter 36.83 RCW, may,
with the approval of the state department of transportation,
improve or fund the improvement of any state highway
within its boundaries. The county may fund improvements
under this section by any means authorized by law, except
that expenditures of county road funds under chapter 36.82
36.75.035
(2010 Ed.)
36.75.050 Powers—How exercised. The powers and
duties vested in or imposed upon the boards with respect to
establishing, examining, surveying, constructing, altering,
repairing, improving, and maintaining county roads, shall be
exercised under the supervision and direction of the county
road engineer.
The board shall by resolution, and not otherwise, order
the survey, establishment, construction, alteration, or
improvement of county roads; the county road engineer shall
prepare all necessary maps, plans, and specifications therefor, showing the right-of-way widths, the alignments, gradients, and standards of construction. [1963 c 4 § 36.75.050.
Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part; Rem. Supp.
1943 § 6450-4.]
36.75.050
36.75.060 County road districts. For the purpose of
efficient administration of the county roads of each county
the board may, but not more than once in each year, form
their respective counties, or any part thereof, into suitable and
convenient road districts, not exceeding nine in number, and
cause a description thereof to be entered upon their records.
36.75.060
[Title 36 RCW—page 245]
36.75.065
Title 36 RCW: Counties
Unless the board decides otherwise by majority vote,
there shall be at least one road district in each county commissioner’s district embracing territory outside of cities and
towns and no road district shall extend into more than one
county commissioner’s district. [1969 ex.s. c 182 § 3; 1963 c
4 § 36.75.060. Prior: 1937 c 187 § 5; RRS § 6450-5.]
36.75.065 Community revitalization financing—
Public improvements. In addition to other authority that a
road district possesses, a road district may provide any public
improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of
the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a road district
to otherwise participate in the public improvements if that
authority exists elsewhere. [2001 c 212 § 16.]
36.75.065
Severability—2001 c 212: See RCW 39.89.902.
36.75.070 Highways worked seven years are county
roads. All public highways in this state, outside incorporated
cities and towns and not designated as state highways, which
have been used as public highways for a period of not less
than seven years, where they have been worked and kept up
at the expense of the public, are county roads. [1963 c 4 §
36.75.070. Prior: 1955 c 361 § 2; prior: 1945 c 125 § 1, part;
1937 c 187 § 10, part; Rem. Supp. 1945 § 6450-10, part.]
36.75.070
36.75.100 Informalities not fatal. No informalities in
the records in laying out, establishing, or altering any public
highways existing on file in the offices of the various county
auditors of this state or in the records of the department or the
transportation commission, may be construed to invalidate or
vacate the public highways. [1984 c 7 § 29; 1963 c 4 §
36.75.100. Prior: 1937 c 187 § 11; RRS § 6450-11.]
36.75.100
Additional notes found at www.leg.wa.gov
36.75.110 True locations to be determined—Survey.
Whenever the board declares by resolution that the true location, course, or width of any county road is uncertain and that
the same should be determined, it shall direct the county road
engineer to make examination and survey thereof.
This shall embrace an examination and survey of the
original petition, report, and field notes on the establishment
of such road; a survey of the present traveled roadway; all
topography within a reasonable distance and having a bearing
on the true location of such road; the distance from the center
line of the traveled roadway to the nearest section and quarter
section corners; a map of sufficient scale accurately showing
the above with field notes thereon; a map on the same scale
showing the original field notes, such field notes to be transposed and the same meridian used on both maps. [1963 c 4 §
36.75.110. Prior: 1937 c 187 § 12; RRS § 6450-12.]
36.75.110
36.75.120 Action to determine true location. When
the true location, course, or width of a county road, which
was prior thereto uncertain, has been reported by the examining engineer, the board shall file an action in the superior
court of such county for the determination thereof. All persons affected by the determination of the true location,
course, or width insofar as the same may vary from the originally established location, course, or width shall be made
parties defendant in such action and service had and return
made as in the case of civil actions. Upon the hearing the
court shall consider the survey, maps, and all data with reference to the investigation of the examining engineer and may
demand such further examination as it may deem necessary
and any objection of any party defendant may be heard and
considered. The court shall determine the true location,
course, and width of the road and may in its discretion assess
the cost of such action against the county to be paid from the
county road fund. [1963 c 4 § 36.75.120. Prior: 1937 c 187
§ 13; RRS § 6450-13.]
36.75.120
36.75.080 Highways used ten years are county roads.
All public highways in this state, outside incorporated cities
and towns and not designated as state highways which have
been used as public highways for a period of not less than ten
years are county roads: PROVIDED, That no duty to maintain such public highway nor any liability for any injury or
damage for failure to maintain such public highway or any
road signs thereon shall attach to the county until the same
shall have been adopted as a part of the county road system
by resolution of the county commissioners. [1963 c 4 §
36.75.080. Prior: 1955 c 361 § 3; prior: 1945 c 125 § 1, part;
1937 c 187 § 10, part; Rem. Supp. 1945 § 6450-10, part.]
36.75.080
36.75.090 Abandoned state highways. All public
highways in this state which have been a part of the route of
a state highway and have been or may hereafter be no longer
necessary as such, if situated outside of the limits of incorporated cities or towns, shall, upon certification thereof by the
state department of transportation to the legislative authority
of the county in which any portion of the highway is located,
become a county road of the county, and if situated within the
corporate limits of any city or town shall upon certification
thereof by the state department of transportation to the mayor
of the city or town in which any portion of the highway is
located become a street of the city or town. Upon the certification the secretary of transportation shall execute a deed,
which shall be duly acknowledged, conveying the abandoned
highway or portion thereof to the county or city as the case
may be. [1984 c 7 § 28; 1977 ex.s. c 78 § 4; 1963 c 4 §
36.75.090. Prior: 1955 c 361 § 4; prior: 1953 c 57 § 1; 1945
c 125 § 1, part; 1937 c 187 § 10, part; Rem. Supp. 1945 §
6450-10, part.]
36.75.090
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 246]
36.75.130 Approaches to county roads—Rules
regarding construction—Penalty. (1) No person shall be
permitted to build or construct any approach to any county
road without first obtaining permission therefor from the
board.
(2) The boards of the several counties of the state may
adopt reasonable rules for the construction of approaches
which, when complied with, shall entitle a person to build or
construct an approach from any abutting property to any
county road. The rules may include provisions for the construction of culverts under the approaches, the depth of fills
over the culverts, and for such other drainage facilities as the
board deems necessary. The construction of approaches, culverts, fills, or such other drainage facilities as may be
36.75.130
(2010 Ed.)
Roads and Bridges—General Provisions
required, shall be under the supervision of the county road
engineer, and all such construction shall be at the expense of
the person benefited by the construction.
(3) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 208; 1963 c 4 § 36.75.130. Prior: 1943
c 174 § 1; Rem. Supp. 1943 § 6450-95.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.75.160 Power of county commissioners as to
roads, bridges, and other structures crossing boundary
lines. The board of county commissioners of any county may
erect and construct or acquire by purchase, gift, or condemnation, any bridge, trestle, or any other structure which crosses
any stream, body of water, gulch, navigable water, swamp or
other topographical formation requiring such structure for the
continuation or connection of any county road if such topographical formation constitutes the boundary of a city, town,
another county or the state of Washington or another state or
a county, city or town of such other state.
The board of such county may join with such city, town,
other county, the state of Washington, or other state, or a
county, city or town of such other state in paying for, erecting, constructing, acquiring by purchase, gift, or condemnation any such bridge, trestle, or other structure, and the purchase or condemnation of right-of-way therefor.
The board of any county may construct, maintain, and
operate any county road which forms the boundary line
between another county within the state or another county in
any other state or which through its meandering crosses such
boundary; and acquire by purchase or condemnation any
lands or rights within this state, either within or without its
county, necessary for such boundary road; and enter into joint
contracts with authorities of adjoining counties for the construction, operation, and maintenance of such boundary
roads. The power of condemnation herein granted may be
exercised jointly by two counties in the manner provided in
RCW 36.75.170 for bridges, or it may be exercised by a single county in the manner authorized by law. [2000 c 155 § 1;
1963 c 4 § 36.75.160. Prior: 1943 c 82 § 3; 1937 c 187 § 26;
Rem. Supp. 1943 § 6450-26.]
36.75.160
36.75.170 Power of county commissioners as to
roads, bridges, and other structures crossing boundary
lines—Resolution to acquire or construct. The board may
by original resolution entered upon its minutes declare its
intention to pay for and erect or construct, or acquire by purchase, gift, or condemnation, any bridge, trestle, or other
structure upon any county road which crosses any stream,
body of water, gulch, navigable water, swamp or other topographical formation constituting a boundary, or to join
therein with any other county, city or town, or with this state,
or with any other state, or with any county, city or town of
any other state, in the erection, or construction, or acquisition
of any such structure, and declare that the same is a public
necessity, and direct the county road engineer to report upon
such project, dividing any just proportional cost thereof.
In the event two counties or any county and any city wish
to join in paying for the erection or acquisition of any such
structure, the resolution provided in this section shall be a
joint resolution of the governing authorities of the counties
36.75.170
(2010 Ed.)
36.75.190
and cities and they shall further, by such resolution, designate
an engineer employed by one county to report upon the proposed erection or acquisition. [1963 c 4 § 36.75.170. Prior:
1937 c 187 § 27; RRS § 6450-27.]
36.75.180
36.75.180 Power of county commissioners as to
roads, bridges, and other structures crossing boundary
lines—Freeholders’ petition to acquire or construct. Ten
or more freeholders of any county may petition the board for
the erection and construction or acquisition by purchase, gift,
or condemnation of any bridge, trestle, or any other structure
in the vicinity of their residence, and upon any county road
which crosses any stream, body of water, gulch, navigable
waters, swamp or other topographical formation constituting
a boundary by joining with any other county, city or town, or
the state of Washington, or with any other state or with any
county, city or town of any other state, setting forth and
describing the location proposed for the erection of such
bridge, trestle, or other structure, and stating that the same is
a public necessity. The petition shall be accompanied by a
bond with the same requirements, conditions, and amount
and in the same manner as in case of a freeholders’ petition
for the establishing of a county road. Upon the filing of such
petition and bond and being satisfied that the petition has
been signed by freeholders residing in the vicinity of such
proposed bridge, trestle, or other structure, the board shall
direct the county road engineer to report upon the project,
dividing any just proportional cost thereof.
In the event two counties or any county and any city or
town are petitioned to join in paying for the erection or acquisition of such structure, the board of county commissioners of
the counties or the board of county commissioners of the
county and governing authorities of the city or town shall act
jointly in the selection of the engineer who shall report upon
such acquisition or erection. [1963 c 4 § 36.75.180. Prior:
1937 c 187 § 28; RRS § 6450-28.]
36.75.190
36.75.190 Engineer’s report—Hearing—Order.
Upon report by the examining engineer for the erection and
construction upon any county road, or for acquisition by purchase, gift or condemnation of any bridge, trestle, or any
other structure crossing any stream, body of water, gulch,
navigable water, swamp or other topographical formation,
which constitutes a boundary, publication shall be made and
joint hearing had upon such report in the same manner and
upon the same procedure as in the case of resolution or petition for the laying out and establishing of county roads. If
upon the hearing the governing authorities jointly order the
erection and construction or acquisition of such bridge, trestle, or other structure, they may jointly acquire land necessary
therefor by purchase, gift, or condemnation in the manner as
provided for acquiring land for county roads, and shall advertise calls for bids, require contractor’s deposit and bond,
award contracts, and supervise construction as by law provided and in the same manner as required in the case of the
construction of county roads.
Any such bridges, trestles or other structures may be
operated free, or may be operated as toll bridges, trestles, or
other structures under the provisions of the laws of this state
[Title 36 RCW—page 247]
36.75.200
Title 36 RCW: Counties
relating thereto. [1963 c 4 § 36.75.190. Prior: 1937 c 187 §
29; RRS § 6450-29.]
36.75.200 Bridges on city or town streets. The boards
of the several counties may expend funds from the county
road fund for the construction, improvement, repair, and
maintenance of any bridge upon any city street within any
city or town in such county where such city street and bridge
are essential to the continuation of the county road system of
the county. Such construction, improvement, repair, or maintenance shall be ordered by resolution and proceedings conducted in respect thereto in the same manner as provided for
the laying out and establishing of county roads by counties,
and for the preparation of maps, plans, and specifications,
advertising and award of contracts therefor. [1963 c 4 §
36.75.200. Prior: 1937 c 187 § 30; RRS § 6450-30.]
36.75.200
36.75.203 Responsibility of city to maintain county
road forming a municipal boundary. If the centerline of a
portion of a county road is part of a corporate boundary of a
city or town as of May 21, 1985, and that portion of county
road has no connection to the county road system, maintenance of all affected portions of the road shall be the responsibility of such city or town after a petition requesting the
same has been made to the city or town by the county legislative authority. [1985 c 429 § 2.]
36.75.203
36.75.205 Street as extension of road in town of less
than one thousand. Whenever any street in any town, having a population of less than one thousand persons, forms an
extension of a county road of the county in which such town
is located, and where the board of county commissioners of
such county and the governing body of such town, prior to the
commencement of any work, have mutually agreed and each
adopted a resolution setting forth the nature and scope of the
work to be performed and the share of the cost or labor which
each shall bear, such county may expend county road funds
for construction, improvement, repair, or maintenance of
such street. [1963 c 4 § 36.75.205. Prior: 1959 c 83 § 1.]
36.75.205
36.75.207 Agreements for planning, establishment,
construction, and maintenance of city streets by counties—Use of county road fund—Payment by city—Contracts, bids. See RCW 35.77.020 through 35.77.040.
36.75.207
36.75.210 Roads crossing boundaries. Whenever a
county road is established within any county, and such
county road crosses the boundary of the county, the board of
the county within which the major portion of the road is
located may expend the county road fund of such county in
laying out, establishing, constructing, altering, repairing,
improving, and maintaining that portion of the road lying outside the county, in the manner provided by law for the expenditure of county funds for the construction, alteration, repair,
improvement, and maintenance of county roads within the
county.
The board of any county may construct, maintain, and
operate any county road which forms the boundary line
between another county within the state or another county in
any other state or which through its meandering crosses such
36.75.210
[Title 36 RCW—page 248]
boundary; and acquire by purchase or condemnation any
lands or rights within this state, either within or without its
county, necessary for such boundary road; and enter into joint
contracts with authorities of adjoining counties for the construction, operation, and maintenance of such boundary
roads. The power of condemnation herein granted may be
exercised jointly by two counties in the manner provided for
bridges, or it may be exercised by a single county in the manner authorized by law. [2000 c 155 § 2; 1963 c 4 § 36.75.210.
Prior: 1937 c 187 § 23; RRS § 6450-23. FORMER PART OF
SECTION: 1943 c 82 § 3, part; 1937 c 187 § 26, part; Rem.
Supp. 1943 § 6450-26, part, now codified in RCW
36.75.160.]
36.75.220 Connecting road across segment of third
county. Whenever two counties are separated by an intervening portion of a third county not exceeding one mile in
width, and each of such counties has constructed or shall construct a county road to the boundary thereof, and the boards
of the two counties deem it beneficial to such counties to connect the county roads by the construction and maintenance of
a county road across the intervening portion of the third
county, it shall be lawful for the boards of the two counties to
expend jointly the county road funds of their respective counties in acquiring right-of-way for the construction, improvement, repair, and maintenance of such connecting county
road and any necessary bridges thereon, in the manner provided by law for the expenditure of county road funds for the
construction, improvement, repair, and maintenance of
county roads lying within a county. [1963 c 4 § 36.75.220.
Prior: 1937 c 187 § 24; RRS § 6450-24.]
36.75.220
36.75.230 Acquisition of land under RCW 36.75.210
and 36.75.220. For the purpose of carrying into effect RCW
36.75.210 and 36.75.220 and under the circumstances therein
set out the boards may acquire land necessary for the right-ofway for any portion of a county road lying outside such
county or counties by gift or purchase or by condemnation in
the manner provided for the taking of property for public use
by counties. [1963 c 4 § 36.75.230. Prior: 1937 c 187 § 25,
part; RRS § 6450-25, part.]
36.75.230
36.75.240 Sidewalks and pedestrian paths or walks—
Bicycle paths, lanes, routes, and roadways—Standards.
The boards may expend funds credited to the county road
fund from any county or road district tax levied for the construction of county roads for the construction of sidewalks,
bicycle paths, lanes, routes, and roadways, and pedestrian
allocated paths or walks. Bicycle facilities constructed or
modified after June 10, 1982, shall meet or exceed the standards of the state department of transportation. [1982 c 55 §
2; 1974 ex.s. c 141 § 7; 1963 c 4 § 36.75.240. Prior: 1937 c
187 § 25, part; RRS § 6450-25, part.]
36.75.240
Pavement marking standards: RCW 47.36.280.
36.75.243 Curb ramps for persons with physical disabilities. See RCW 35.68.075, 35.68.076.
36.75.243
36.75.250 State may intervene if maintenance
neglected. If by any agreement with the federal government
36.75.250
(2010 Ed.)
Roads and Bridges—Bonds
or any agency thereof or with the state or any agency thereof,
a county has agreed to maintain certain county roads or any
portion thereof and the maintenance is not being performed
to the satisfaction of the federal government or the department, reasonably consistent with original construction, notice
thereof may be given by the department to the legislative
authority of the county, and if the county legislative authority
does not within ten days provide for the maintenance, the
department may perform the maintenance, and the state treasurer shall pay the cost thereof on vouchers submitted by the
department and deduct the cost thereof from any sums in the
motor vehicle fund credited or to be credited to the county in
which the county road is located. [1984 c 7 § 30; 1963 c 4 §
36.75.250. Prior: 1937 c 187 § 46; RRS § 6450-46.]
Additional notes found at www.leg.wa.gov
36.75.255 Street improvements—Provision of supplies or materials. Any county may assist a street abutter in
improving the street serving the abutter’s premises by providing asphalt, concrete, or other supplies or materials. The furnishing of supplies or materials or paying to the abutter the
cost thereof and the providing of inspectors and other incidental personnel shall not render the street improvements a
public work or improvement subject to competitive bidding.
The legislative authority of such county shall approve any
such assistance at a public meeting and shall maintain a public register of any such assistance setting forth the value,
nature, purpose, date and location of the assistance and the
name of the beneficiary. [1983 c 103 § 2.]
36.75.255
36.75.260 Annual report to secretary of transportation. Each county legislative authority shall on or before
May 31st of each year submit such records and reports to the
secretary of transportation, on forms furnished by the department, as are necessary to enable the secretary to compile an
annual report on county highway operations. [1999 c 204 §
2; 1984 c 7 § 31; 1977 c 75 § 31; 1963 c 4 § 36.75.260. Prior:
1943 c 82 § 8; 1937 c 187 § 58; Rem. Supp. 1943 § 6450-58.]
36.75.260
36.76.080
VIDED, That if the geography, topography, distance, or other
valid economic considerations require more than one place
for storage or repairs, the county commissioners may, by
unanimous vote, authorize the same. [1963 c 4 § 36.75.280.
Prior: 1949 c 156 § 4; Rem. Supp. 1949 § 6450-8d.]
36.75.290 General penalty. It shall be a misdemeanor
for any person to violate any of the provisions of this title
relating to county roads and bridges unless such violation is
by this title or other law of this state declared to be a felony or
gross misdemeanor. [1963 c 4 § 36.75.290. Prior: 1943 c 82
§ 13, part; 1937 c 187 § 66, part; Rem. Supp. 1943 § 6450-66,
part.]
36.75.290
36.75.300 Primitive roads—Classification and designation. The legislative authority of each county may by resolution classify and designate portions of the county roads as
primitive roads where the designated road portion:
(1) Is not classified as part of the county primary road
system, as provided for in RCW 36.86.070;
(2) Has a gravel or earth driving surface; and
(3) Has an average annual daily traffic of one hundred or
fewer vehicles.
Any road designated as a primitive road shall be marked
with signs indicating that it is a primitive road, as provided in
the manual of uniform traffic control devices, at all places
where the primitive road portion begins or connects with a
highway other than another primitive road. No design or
signing or maintenance standards or requirements, other than
the requirement that warning signs be placed as provided in
this section, apply to primitive roads.
The design of a primitive road, and the location, placing,
or failing to place road signs, other than the requirement that
warning signs be placed as provided in this section, shall not
be considered in any action for damages brought against a
county, or against a county employee or county employees,
or both, arising from vehicular traffic on the primitive road.
[1985 c 369 § 2; 1980 c 45 § 1.]
36.75.300
Additional notes found at www.leg.wa.gov
Chapter 36.76
36.75.270 Limitation of type or weight of vehicles
authorized—Penalty. The board of county commissioners
of each county may by resolution limit or prohibit classes or
types of vehicles on any county road or bridge and may limit
the weight of vehicles which may travel thereon. Any such
resolution shall be effective for a definite period of time
which shall be stated in the resolution. If such resolution is
published at least once in a newspaper of general circulation
in the county and if signs indicating such closure or limitation
of traffic have been posted on such road or bridge, any person
violating such resolution shall be guilty of a misdemeanor.
[1963 c 4 § 36.75.270. Prior: 1949 c 156 § 8; Rem. Supp.
1949 § 6450-8g.]
36.75.270
Local restrictions or limitations of weight: RCW 46.44.080.
36.75.280 Centralized repair and storage of machinery, equipment, supplies, etc. All county road machinery,
equipment, stores, and supplies, excepting stockpiles and
other road building material, shall while not in use be stored
and repaired at one centralized point in each county: PRO36.75.280
(2010 Ed.)
Chapter 36.76 RCW
ROADS AND BRIDGES—BONDS
Sections
36.76.080
36.76.090
36.76.100
36.76.110
36.76.120
36.76.130
36.76.140
Bonds authorized—Election.
How to be held—Issuance of bonds.
Notice of election.
Disposition of proceeds—City assistance.
Payment of principal and interest.
Act cumulative.
Toll bridge bonds authorized—Adjoining counties.
36.76.080 Bonds authorized—Election. The legislative authority of any county may, whenever a majority
thereof so decides, submit to the voters of their county the
question whether the legislative authority shall be authorized
to issue negotiable road bonds of the county in an amount
subject to the limitations on indebtedness provided for in
RCW 39.36.020(2), for the purpose of constructing a new
road or roads, or improving established roads within the
county, or for aiding in so doing, as herein prescribed.
The word "improvement" wherever used in this section
and RCW 36.76.090, 36.76.100, 36.76.110, 36.76.120, and
36.76.080
[Title 36 RCW—page 249]
36.76.090
Title 36 RCW: Counties
36.76.130 shall embrace any undertaking for any or all of
such purposes. The word "road" shall embrace all highways,
roads, streets, avenues, bridges, and other public ways.
The provisions of this section and RCW 36.76.090,
36.76.100, 36.76.110, 36.76.120, and 36.76.130 shall apply
not only to roads which are or shall be under the general control of the county, but also to all parts of state roads in such
county and to all roads which are situated or are to be constructed wholly or partly within the limits of any incorporated
city or town therein, provided the county legislative authority
finds that they form or will become a part of the public highway system of the county, and will connect the existing roads
therein. Such finding may be made by the county legislative
authority at any stage of the proceedings before the actual
delivery of the bonds.
The constructing or improving of any and all such roads,
or the aiding therein, is declared to be a county purpose.
The question of the issuance of bonds for any undertaking which relates to a number of different roads or parts
thereof, whether intended to supply the whole expenditure or
to aid therein, may be submitted to the voters as a single proposition in all cases where such course is consistent with the
provisions of the state Constitution. If the county legislative
authority, in submitting a proposition relating to different
roads or parts thereof, finds that such proposition has for its
object the furtherance and accomplishment of the construction of a system of public and county highways in such
county, and constitutes and has for its object a single purpose,
such finding shall be presumed to be correct, and upon the
issuance of the bonds the presumption shall become conclusive.
No proposition for bonds shall be submitted which proposes that more than forty percent of the proceeds thereof
shall be expended within any city or town or within any number of cities and towns. [1983 c 167 § 90; 1971 c 76 § 2; 1970
ex.s. c 42 § 22; 1963 c 4 § 36.76.080. Prior: 1913 c 25 § 1;
RRS § 5592.]
Additional notes found at www.leg.wa.gov
36.76.090 How to be held—Issuance of bonds. The
election shall be held as provided in RCW 39.36.050. If
three-fifths of the legal ballots cast on the question of issuing
bonds for the improvement contemplated in RCW 36.76.080
are in favor of the bond issue, the county legislative authority
must issue the general obligation bonds. Such bonds shall be
issued and sold in accordance with chapter 39.46 RCW.
[1984 c 186 § 31; 1983 c 167 § 91; 1970 ex.s. c 56 § 53; 1969
ex.s. c 232 § 29; 1963 c 4 § 36.76.090. Prior: 1913 c 25 § 2;
RRS § 5593.]
36.76.090
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
36.76.100 Notice of election. The notice of this election
shall state which road or roads are to be built or improved.
The notice need not describe the road or roads with particularity, but it shall be sufficient either to describe them by termini and with a general statement as to their course, or to use
any other appropriate language sufficient to show the purpose
intended to be accomplished. The county legislative authority
36.76.100
[Title 36 RCW—page 250]
may, at its option, give such other or further notice as it may
deem advisable. [1984 c 186 § 32; 1963 c 4 § 36.76.100.
Prior: 1913 c 25 § 4; RRS § 5595.]
Purpose—1984 c 186: See note following RCW 39.46.110.
36.76.110
36.76.110 Disposition of proceeds—City assistance.
When the bonds are sold, the money arising therefrom shall
be immediately paid into the treasury of the county, and shall
be drawn only for the improvement for which they were
issued, under the general direction of the board: PROVIDED, That if the improvement includes in whole or in part
the constructing or improving of one or more roads, or any
part or parts thereof, within the limits of an incorporated city
or town, and if the county commissioners find that the
amount of the proceeds of the bonds intended to be expended
for the improvements within such corporate limits will probably not be sufficient to defray the entire expense of the
improvement therein, and if they further find it to be equitable that the city or town should bear the remainder of the
expense, they may postpone any expenditure therefor from
the proceeds of the bonds until the city or town makes provision by ordinance for proceeding with the improvement
within its corporate limits at its own expense insofar as concerns the cost thereof over and above the amount of bond proceeds available therefor.
In such case it shall be lawful for the county commissioners to consent, under such general directions as they shall
impose, that the proper authorities of the city or town shall
have actual charge of making the proposed improvement
within the corporate limits. The city or town shall acquire any
needed property or rights and do the work by contract or otherwise in accordance with its charter or ordinances, but the
same shall be subject to the approval of the county commissioners insofar as concerns any payment therefor from the
proceeds of the bonds.
In such case, as the work progresses and money is
needed to pay therefor, the county commissioners shall, from
time to time, by proper order, specifying the amount and purpose, direct the county treasurer to turn over to the city or
town treasurer such part or parts of the proceeds of the bonds
as may be justly applicable to such improvement or part
thereof within such city or town, and any money so received
by the city or town treasurer shall be inviolably applied to the
purpose specified. When that portion of the entire improvement which lies within any such city or town can readily be
separated into parts, the procedure authorized by this section
may be pursued separately as to any one or more of such parts
of the general improvement.
Nothing contained in this section shall be construed to
render the county liable for any greater part of the expense of
any improvement or part thereof within any city or town than
the proper amount of the proceeds of such bonds, or to prevent the city or town from raising any part of the cost of any
such improvement or part thereof, over and above the amount
arising from the proceeds of the bonds, by assessment upon
property benefited, or by contribution from any of its general
or special funds in accordance with the provisions of the
charter or laws governing such city or town. The provisions
of this section, other than the direction for the payment into
the county treasury of the money arising from the sale of the
(2010 Ed.)
Roads and Bridges—Construction
bonds, need not be complied with until after the issuance of
the bonds and the validity of the bonds shall not be dependent
upon such compliance. [1963 c 4 § 36.76.110. Prior: 1913 c
25 § 5; RRS § 5596.]
36.76.120
36.76.120 Payment of principal and interest. The
county legislative authority must ascertain and levy annually
a tax sufficient to pay the interest on all such bonds whenever
it becomes due and to meet the annual maturities of principal.
The county treasurer must pay out of any money accumulated
from the taxes levied to pay the interest as aforesaid, the
interest upon all such bonds when it becomes due as provided
on the bond or, if coupons are attached to a bond, upon presentation at the place of payment of the proper coupon. Any
interest payments or coupons so paid must be reported to the
county legislative authority at its first meeting thereafter.
Whenever interest is payable at any place other than the city
in which the county treasurer keeps his or her office, the
county treasurer shall seasonably remit to the state fiscal
agent the amount of money required for the payment of any
interest which is about to fall due. When any such bonds or
any interest is paid, the county treasurer shall suitably and
indelibly cancel them. [2009 c 549 § 4125; 1984 c 186 § 33;
1983 c 167 § 92; 1963 c 4 § 36.76.120. Prior: 1913 c 25 § 3;
RRS § 5594.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
36.76.130
36.76.130 Act cumulative. *This act shall not be construed as repealing or affecting any other act relating to the
issuance of bonds for road or other purposes, but shall be construed as conferring additional power and authority. [1963 c
4 § 36.76.130. Prior: 1913 c 25 § 7; RRS § 5598.]
*Reviser’s note: "This act" [1913 c 25] consists of RCW 36.76.080,
36.76.090, 36.76.100, 36.76.110, 36.76.120, and 36.76.130.
36.76.140
36.76.140 Toll bridge bonds authorized—Adjoining
counties. The county legislative authority may, by majority
vote, and by submission to the voters under the same procedure required in RCW 36.76.090 and 36.76.100, issue general obligation bonds for the purpose of contributing money,
or the bonds themselves, to the department to help finance the
construction of toll bridges across topographical formations
constituting boundaries between the county and an adjoining
county, or a toll bridge across topographical formation
located wholly within an adjoining county, which in the discretion of the county legislative authority, directly or indirectly benefits the county. The bonds may be transferred to
the department to be sold by it for the purposes outlined
herein. The bonds may bear interest at a rate or rates as authorized by the county legislative authority. Such indebtedness is
subject to the limitations on indebtedness provided for in
RCW 39.36.020(2). [1984 c 7 § 32; 1971 c 76 § 3; 1970 ex.s.
c 56 § 54; 1969 ex.s. c 232 § 30; 1963 c 4 § 36.76.140. Prior:
1955 c 194 § 1.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
36.77.040
Chapter 36.77 RCW
ROADS AND BRIDGES—CONSTRUCTION
Chapter 36.77
Sections
36.77.010
36.77.020
36.77.030
36.77.040
36.77.065
36.77.070
36.77.075
Maps, plans, and specifications.
Approval—Call for bids.
Opening of bids—Deposit.
Award of contract—Bond—Low bidder claiming error.
County forces construction projects or programs—Amounts—
Violations.
Publication of information on county forces projects—Penalty—Prosecution.
County roads—Small works roster.
36.77.010 Maps, plans, and specifications. Whenever
it is ordered by resolution of the board that any county road
shall be laid out and established and altered, widened, or otherwise constructed or improved, the county road engineer
employed by the county shall prepare such maps, plans, and
specifications as shall be necessary and sufficient. A copy of
such maps, plans, and specifications shall be approved by the
board of county commissioners with its approval endorsed
thereon, and such copy shall be filed with the clerk of the
board. [1963 c 4 § 36.77.010. Prior: 1959 c 67 § 2; prior:
1937 c 187 § 32, part; RRS § 6450-32, part.]
36.77.010
36.77.020 Approval—Call for bids. Upon approval of
such maps, plans, and specifications and the filing thereof the
board shall, if it determines that the work shall be done by
contract, advertise a call for bids upon such construction
work by publication in the official county paper and also one
trade paper of general circulation in the county, in one issue
of each such paper at least once in each week for two consecutive weeks prior to the time set in the call for bids for the
opening of bids. All bids shall be submitted under sealed
cover before the time set for the opening of bids. [1963 c 4 §
36.77.020. Prior: 1959 c 67 § 3; prior: 1937 c 187 § 32, part;
RRS § 6450-32, part.]
36.77.020
36.77.030 Opening of bids—Deposit. At the time and
place fixed in the call for bids, such bids as have been submitted shall be publicly opened and read. No bid may be considered unless it is accompanied by a bid deposit in the form of
a surety bond, cash, cashier’s check, or certified check in an
amount equal to five percent of the amount of the bid proposed. [1985 c 369 § 3; 1963 c 4 § 36.77.030. Prior: 1959 c
67 § 4; prior: 1937 c 187 § 32, part; RRS § 6450-32, part.]
36.77.030
36.77.040 Award of contract—Bond—Low bidder
claiming error. The board shall proceed to award the contract to the lowest and best bidder but may reject any or all
bids if in its opinion good cause exists therefor. The board
shall require from the successful bidder a contractor’s bond
in the amount and with the conditions imposed by law.
Should the bidder to whom the contract is awarded fail to
enter into the contract and furnish the contractor’s bond as
required within ten days after notice of the award, exclusive
of the day of notice, the amount of the bid deposit shall be
forfeited to the county and placed in the county road fund and
the contract awarded to the next lowest and best bidder. A
low bidder who claims error and fails to enter into a contract
is prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project. The bid
36.77.040
[Title 36 RCW—page 251]
36.77.065
Title 36 RCW: Counties
deposit of all unsuccessful bidders shall be returned after the
contract is awarded and the required contractor’s bond given
by the successful bidder is accepted by the board. [1996 c 18
§ 4; 1963 c 4 § 36.77.040. Prior: 1959 c 67 § 5; prior: 1937
c 187 § 32, part; RRS § 6450-32, part.]
36.77.065 County forces construction projects or
programs—Amounts—Violations. The board may cause
any county road to be constructed or improved by use of
county forces as provided in this section.
(1) As used in this section:
(a) "County forces" means regular employees of a
county; and
(b) "Road construction project costs" means the aggregate total of those costs as defined by the budgeting, accounting, and reporting system for counties and cities and other
local governments authorized under RCW 43.09.200 and
43.09.230 as prescribed in the state auditor’s budget,
accounting, and reporting manual’s (BARS) road and street
construction accounts: PROVIDED, That such costs shall
not include those costs assigned to the right-of-way account,
ancillary operations account, preliminary engineering
account, and construction engineering account in the budget,
accounting, and reporting manual.
(2) For counties with a population that equals or exceeds
four hundred thousand people, the total amount of road construction project costs one county may perform annually with
county forces shall be no more than the total of the following
amounts:
(a) Three million two hundred fifty thousand dollars; and
(b) The previous year’s county motor vehicle fuel tax
distribution factor, as provided for in RCW 46.68.124(5),
multiplied by the amount listed in (a) of this subsection.
(3) For counties with a population that equals or exceeds
one hundred fifty thousand, but is less than four hundred
thousand people, the total amount of road construction
project costs one county may perform annually with county
forces shall be no more than the total of the following
amounts:
(a) One million seven hundred fifty thousand dollars;
and
(b) The previous year’s county motor vehicle fuel tax
distribution factor, as provided for in RCW 46.68.124(5),
multiplied by the amount listed in (a) of this subsection.
(4) For counties with a population that equals or exceeds
thirty thousand, but is less than one hundred fifty thousand
people, the total amount of road construction project costs
one county may perform annually with county forces shall be
no more than the total of the following amounts:
(a) One million one hundred fifty thousand dollars; this
amount shall increase to one million two hundred fifty thousand dollars effective January 1, 2012; and
(b) The previous year’s county motor vehicle fuel tax
distribution factor, as provided for in RCW 46.68.124(5),
multiplied by the amount listed in (a) of this subsection.
(5) For counties with a population that is less than thirty
thousand people, the total amount of road construction
project costs one county may perform annually with county
forces shall be no more than the total of the following
amounts:
36.77.065
[Title 36 RCW—page 252]
(a) Seven hundred thousand dollars; this amount shall
increase to eight hundred thousand dollars effective January
1, 2012; and
(b) The previous year’s county motor vehicle fuel tax
distribution factor, as provided for in RCW 46.68.124(5),
multiplied by the amount listed in (a) of this subsection.
(6) Any county whose expenditure for county forces for
road construction projects exceeds the limits specified in this
section, is in violation of the county road administration
board’s standards of good practice under RCW 36.78.020
and is in violation of this section.
(7) Notwithstanding any other provision in this section,
whenever the construction work or improvement is the installation of electrical traffic control devices, highway illumination equipment, electrical equipment, wires, or equipment to
convey electrical current, in an amount exceeding ten thousand dollars for any one project including labor, equipment,
and materials, such work shall be performed by contract as in
this chapter provided. This section means a complete project
and does not permit the construction of any project by county
forces by division of the project into units of work or classes
of work. [2009 c 29 § 1; 2005 c 162 § 1; 2001 c 108 § 1; 1980
c 40 § 1.]
Additional notes found at www.leg.wa.gov
36.77.070 Publication of information on county
forces projects—Penalty—Prosecution. If the board determines that any construction should be performed by county
forces, and the estimated cost of the work exceeds ten thousand dollars, it shall cause to be published in one issue of a
newspaper of general circulation in the county, a brief
description of the work to be done and the county road engineer’s estimate of the cost thereof. At the completion of such
construction, the board shall cause to be published in one
issue of such a newspaper a similar brief description of the
work together with an accurate statement of the true and complete cost of performing such construction by county forces.
Failure to make the required publication shall subject
each county commissioner to a fine of one hundred dollars
for which he or she shall be liable individually and upon his
or her official bond and the prosecuting attorney shall prosecute for violation of the provisions of this section and RCW
36.77.065. [2009 c 549 § 4126; 2009 c 29 § 2; 1983 c 3 § 81;
1963 c 4 § 36.77.070. Prior: 1949 c 156 § 9, part; 1943 c 82
§ 4, part; 1937 c 187 § 34, part; Rem. Supp. 1949 § 6450-34,
part.]
36.77.070
Reviser’s note: This section was amended by 2009 c 29 § 2 and by
2009 c 549 § 4126, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
36.77.075 County roads—Small works roster. In lieu
of the procedure for awarding contracts that is provided in
RCW 36.77.020 through 36.77.040, a county may award contracts for public works projects on county roads using the
small works roster process under RCW 39.04.155. [2000 c
138 § 208; 1991 c 363 § 81.]
36.77.075
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2010 Ed.)
Roads and Bridges—County Road Administration Board
Chapter 36.78
Chapter 36.78 RCW
ROADS AND BRIDGES—COUNTY ROAD
ADMINISTRATION BOARD
Sections
36.78.010
36.78.020
36.78.030
36.78.040
36.78.050
36.78.060
36.78.070
36.78.080
36.78.090
36.78.100
36.78.110
36.78.121
Definitions—"Board."
Definitions—"Standards of good practice."
Board created—Number—Appointment—Terms—Vacancies.
Composition of board—Qualifications of members.
Meetings—Rules and regulations—Election of chair.
Executive director.
Duties of board.
Members to serve without compensation—Reimbursement for
travel expenses.
Certificates of good practice—Withholding of motor vehicle
tax distribution.
Conditional certificates.
Expenses to be paid from motor vehicle fund—Disbursement
procedure.
Maintenance.
Board duties
generally: RCW 46.68.120.
motor vehicle fund, distribution of amount to counties—Factors of distribution formula for RCW 46.68.120(4) funds: RCW 46.68.122.
population, road cost, money need, computed—Allocation percentage
adjustment, when: RCW 46.68.124.
Equipment rental, ability to inquire into setting rates for: RCW 36.33A.040.
36.78.010 Definitions—"Board." "Board" shall mean
the county road administration board created by this chapter.
[1965 ex.s. c 120 § 1.]
36.78.010
36.78.070
36.78.040 Composition of board—Qualifications of
members. Six members of the county road administration
board shall be county legislative authority members and three
members shall be county engineers. If any member, during
the term for which he or she is appointed ceases to be either a
member of a county legislative authority or a county engineer, as the case may be, his or her membership on the county
road administration board is likewise terminated. Three
members of the board shall be from counties with a population of one hundred twenty-five thousand or more. Four
members shall be from counties with a population of from
twenty thousand to less than one hundred twenty-five thousand. Two members shall be from counties with a population
of less than twenty thousand. Not more than one member of
the board shall be from any one county. [2005 c 233 § 1;
1991 c 363 § 83; 1965 ex.s. c 120 § 4.]
36.78.040
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.78.050 Meetings—Rules and regulations—Election of chair. The board shall meet at least once quarterly
and shall from time to time adopt rules and regulations for its
own government and as may be necessary for it to discharge
its duties and exercise its powers under this chapter. The
board shall elect a chair from its own membership who shall
hold office for one year. Election as chair does not affect the
member’s right to vote on all matters before the board. [1993
c 65 § 2; 1965 ex.s. c 120 § 5.]
36.78.050
36.78.060 Executive director. The county road administration board shall appoint an executive director who shall
be the chief administrative officer of the board and shall be
responsible for carrying out the policies adopted by the
board. The executive director is exempt from the provisions
of state civil service law, chapter 41.06 RCW, and shall serve
at the pleasure of the county road administration board. The
executive director’s salary shall be set by the board. [1990 c
266 § 1; 1965 ex.s. c 120 § 6.]
36.78.060
36.78.020 Definitions—"Standards of good practice." "Standards of good practice" shall mean general and
uniform practices formulated and adopted by the board relating to the administration of county roads and the safe and
efficient movement of people and goods over county roads,
which shall apply to engineering, design procedures, maintenance, traffic control, safety, planning, programming, road
classification, road inventories, budgeting and accounting
procedures, management practices, equipment policies, personnel policies, and effective use of transportation-related
information technology. [1993 c 65 § 1; 1991 c 363 § 82;
1965 ex.s. c 120 § 2.]
36.78.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.78.030 Board created—Number—Appointment—Terms—Vacancies. There is created hereby a
county road administration board consisting of nine members
who shall be appointed by the executive committee of the
Washington state association of counties. Prior to July 1,
1965 the executive committee of the Washington state association of counties shall appoint the first members of the
county road administration board: Three members to serve
one year; three members to serve two years; and three members to serve three years from July 1, 1965. Upon expiration
of the original terms subsequent appointments shall be made
by the same appointing authority for three year terms except
in the case of a vacancy, in which event the appointment shall
be only for the remainder of the unexpired term in which the
vacancy has occurred. [1971 ex.s. c 85 § 5; 1965 ex.s. c 120
§ 3.]
36.78.030
(2010 Ed.)
36.78.070 Duties of board. The county road administration board shall:
(1) Establish by rule, standards of good practice for the
administration of county roads and the efficient movement of
people and goods over county roads;
(2) Establish reporting requirements for counties with
respect to the standards of good practice adopted by the
board;
(3) Receive and review reports from counties and reports
from its executive director to determine compliance with legislative directives and the standards of good practice adopted
by the board;
(4) Advise counties on issues relating to county roads
and the safe and efficient movement of people and goods
over county roads and assist counties in developing uniform
and efficient transportation-related information technology
resources;
(5) Report annually before the fifteenth day of January,
and throughout the year as appropriate, to the state department of transportation and to the chairs of the house and senate transportation committees, and to other entities as appropriate on the status of county road administration in each
36.78.070
[Title 36 RCW—page 253]
36.78.080
Title 36 RCW: Counties
county, including one copy to the staff of each of the committees. The annual report shall contain recommendations for
improving administration of the county road programs;
(6) Administer the rural arterial program established by
chapter 36.79 RCW and the program funded by the county
arterial preservation account established by RCW 46.68.090,
as well as any other programs provided for in law. [2005 c
319 § 102; 1999 c 269 § 1; 1993 c 65 § 3; 1990 c 266 § 2;
1987 c 505 § 19; 1983 1st ex.s. c 49 § 19; 1977 ex.s. c 235 §
4; 1965 ex.s. c 120 § 7.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Additional notes found at www.leg.wa.gov
36.78.080 Members to serve without compensation—
Reimbursement for travel expenses. Members of the
county road administration board shall receive no compensation for their service on the board, but shall be reimbursed for
travel expenses incurred while attending meetings of the
board or while engaged on other business of the board when
authorized by the board in accordance with RCW 43.03.050
and 43.03.060 as now existing or hereafter amended. [1975’76 2nd ex.s. c 34 § 80; 1975 1st ex.s. c 1 § 1; 1969 ex.s. c 182
§ 5; 1965 ex.s. c 120 § 8.]
36.78.080
Additional notes found at www.leg.wa.gov
36.78.090 Certificates of good practice—Withholding of motor vehicle tax distribution. (1) Before May 1st of
each year the board shall transmit to the state treasurer certificates of good practice on behalf of the counties which during
the preceding calendar year:
(a) Have submitted to the state department of transportation or to the board all reports required by law or regulation
of the board; and
(b) Have reasonably complied with provisions of law
relating to county road administration and with the standards
of good practice as formulated and adopted by the board.
(2) The board shall not transmit to the state treasurer a
certificate of good practice on behalf of any county failing to
meet the requirements of subsection (1) of this section, but
the board shall in such case and before May 1st, notify the
county and the state treasurer of its reasons for withholding
the certificate.
(3) The state treasurer, upon receiving a notice that a certificate of good practice will not be issued on behalf of a
county, or that a previously issued certificate of good practice
has been revoked, shall, effective the first day of the month
after that in which notice is received, withhold from such
county its share of motor vehicle fuel taxes distributable pursuant to RCW 46.68.120 until the board thereafter issues on
behalf of such county a certificate of good practice or a conditional certificate. After withholding or revoking a certificate of good practice with respect to any county, the board
may thereafter at any time issue such a certificate or a conditional certificate when the board is satisfied that the county
has complied or is diligently attempting to comply with the
requirements of subsection (1) of this section.
(4) The board may, upon notice and a hearing, revoke a
previously issued certificate of good practice or substitute a
conditional certificate therefor when, after issuance of a cer36.78.090
[Title 36 RCW—page 254]
tificate of good practice, any county fails to meet the requirements of subsection (1) (a) and (b) of this section, but the
board shall in such case notify the county and the state treasurer of its reasons for the revocation or substitution.
(5) Motor vehicle fuel taxes withheld from any county
pursuant to this section shall not be distributed to any other
county, but shall be retained in the motor vehicle fund to the
credit of the county originally entitled thereto. Whenever the
state treasurer receives from the board a certificate of good
practice issued on behalf of such county he or she shall distribute to such county all of the funds theretofore retained in
the motor vehicle fund to the credit of such county. [2009 c
549 § 4127; 1984 c 7 § 33; 1977 ex.s. c 257 § 1; 1965 ex.s. c
120 § 9.]
Additional notes found at www.leg.wa.gov
36.78.100 Conditional certificates. Whenever the
board finds that a county has failed to submit the reports
required by RCW 36.78.090, or has failed to comply with
provisions of law relating to county road administration or
has failed to meet the standards of good practice as formulated and adopted by the board, the board may in lieu of withholding or revoking a certificate of good practice issue and
transmit to the state treasurer on behalf of such county a conditional certificate which will authorize the continued distribution to such county all or a designated portion of its share
of motor vehicle fuel taxes. The issuance of such a conditional certificate shall be upon terms and conditions as shall
be deemed by the board to be appropriate. In the event a
county on whose behalf a conditional certificate is issued
fails to comply with the terms and conditions of such certificate, the board may forthwith cancel or modify such certificate notifying the state treasurer thereof. In such case the
state treasurer shall thereafter withhold from such county all
or the designated portion of its share of the motor vehicle fuel
taxes as provided in RCW 36.78.090. [1977 ex.s. c 257 § 2;
1965 ex.s. c 120 § 10.]
36.78.100
36.78.110 Expenses to be paid from motor vehicle
fund—Disbursement procedure. All expenses incurred by
the board including salaries of employees shall be paid upon
voucher forms provided by the office of financial management or pursuant to a regular payroll signed by the chair and
the executive director of the board. All expenses of the board
shall be paid out of that portion of the motor vehicle fund
allocated to the counties and withheld for use by the department of transportation and the county road administration
board under the provisions of RCW 46.68.120(1), as now or
hereafter amended. [2009 c 549 § 4128; 1990 c 266 § 3; 1979
c 151 § 42; 1965 ex.s. c 120 § 11.]
36.78.110
36.78.121 Maintenance. The county road administration board, or its successor entity, shall establish a standard of
good practice for maintenance of transportation system
assets. This standard must be implemented by all counties no
later than December 31, 2007. The board shall develop a
model maintenance management system for use by counties.
The board shall develop rules to assist the counties in the
implementation of this system. Counties shall annually submit their maintenance plans to the board. The board shall
36.78.121
(2010 Ed.)
Roads and Bridges—Rural Arterial Program
compile the county data regarding maintenance management
and annually submit it to the office of financial management.
[2006 c 334 § 10; 2003 c 363 § 307.]
Effective date—2006 c 334: See note following RCW 47.01.051.
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 36.79
Chapter 36.79 RCW
ROADS AND BRIDGES—
RURAL ARTERIAL PROGRAM
Sections
36.79.010
36.79.020
36.79.030
36.79.040
36.79.050
36.79.060
36.79.070
36.79.080
36.79.090
36.79.100
36.79.110
36.79.120
36.79.130
36.79.140
36.79.150
36.79.160
36.79.170
36.79.900
36.79.901
Definitions.
Rural arterial trust account.
Apportionment of rural arterial trust account funds—Regions
established.
Apportionment of rural arterial trust account funds—Apportionment formula.
Apportionment of rural arterial trust account funds—Establishment of apportionment percentages.
Powers and duties of board.
Board may contract with department of transportation for staff
services and facilities.
Six-year program for rural arterial improvements—Selection
of priority improvement projects.
Six-year program for rural arterial improvements—Review
and revision by board.
Rural arterial improvements—Coordination with municipal
and state projects.
Coordination of transportation improvement board and county
road administration board.
Rural arterial trust account—Matching funds.
Recommended budget for expenditures from rural arterial trust
account.
Expenditures from rural arterial trust account—Approval by
board.
Allocation of funds to rural arterial projects—Subsequent
application for increased allocation—Withholding of funds
for noncompliance.
Payment of rural arterial trust account funds.
County may appeal decision of board—Hearing.
Severability—1983 1st ex.s. c 49.
Effective date—1983 1st ex.s. c 49.
36.79.010 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Rural arterial program" means improvement
projects on those county roads in rural areas classified as
rural arterials and collectors in accordance with the federal
functional classification system and the construction of
replacement bridges funded by the federal bridge replacement program on access roads in rural areas.
(2) "Rural area" means every area of the state outside of
areas designated as urban areas by the state transportation
commission with the approval of the secretary of the United
States department of transportation in accordance with federal law.
(3) "Board" means the county road administration board
created by RCW 36.78.030. [1997 c 81 § 1; 1988 c 26 § 1;
1983 1st ex.s. c 49 § 1.]
36.79.010
36.79.020 Rural arterial trust account. There is created in the motor vehicle fund the rural arterial trust account.
All moneys deposited in the motor vehicle fund to be credited
to the rural arterial trust account shall be expended for (1) the
construction and improvement of county rural arterials and
collectors, (2) the construction of replacement bridges funded
36.79.020
(2010 Ed.)
36.79.050
by the federal bridge replacement program on access roads in
rural areas, and (3) those expenses of the board associated
with the administration of the rural arterial program. [1997 c
81 § 2; 1988 c 26 § 2; 1983 1st ex.s. c 49 § 2.]
36.79.030 Apportionment of rural arterial trust
account funds—Regions established. For the purpose of
apportioning rural arterial trust account funds, the state is
divided into five regions as follows:
(1) The Puget Sound region includes those areas within
the counties of King, Pierce, and Snohomish.
(2) The northwest region includes those areas within the
counties of Clallam, Jefferson, Island, Kitsap, San Juan,
Skagit, and Whatcom.
(3) The northeast region includes those areas within the
counties of Adams, Chelan, Douglas, Ferry, Grant, Lincoln,
Okanogan, Pend Oreille, Spokane, Stevens, and Whitman.
(4) The southeast region includes those areas within the
counties of Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Klickitat, Walla Walla, and Yakima.
(5) The southwest region includes those areas within the
counties of Clark, Cowlitz, Grays Harbor, Lewis, Mason,
Pacific, Skamania, Thurston, and Wahkiakum. [1983 1st
ex.s. c 49 § 3.]
36.79.030
36.79.040 Apportionment of rural arterial trust
account funds—Apportionment formula. Funds available
for expenditure by the board pursuant to RCW 36.79.020
shall be apportioned to the five regions for expenditure upon
county arterials in rural areas in the following manner:
(1) One-third in the ratio which the land area of the rural
areas of each region bears to the total land area of all rural
areas of the state;
(2) Two-thirds in the ratio which the mileage of county
arterials and collectors in rural areas of each region bears to
the total mileage of county arterials and collectors in all rural
areas of the state.
The board shall adjust the schedule for apportionment of
such funds to the five regions in the manner provided in this
section before the commencement of each fiscal biennium.
[1997 c 81 § 3; 1983 1st ex.s. c 49 § 4.]
36.79.040
36.79.050 Apportionment of rural arterial trust
account funds—Establishment of apportionment percentages. At the beginning of each fiscal biennium, the
board shall establish apportionment percentages for the five
regions defined in RCW 36.79.030 in the manner prescribed
in RCW 36.79.040 for that biennium. The apportionment percentages shall be used once each calendar quarter by the
board to apportion funds credited to the rural arterial trust
account that are available for expenditure for rural arterial
and collector projects and for construction of replacement
bridges funded by the federal bridge replacement program on
access roads in rural areas. The funds so apportioned shall
remain apportioned until expended on construction projects
in accordance with rules of the board. Within each region,
funds shall be allocated by the board to counties for the construction of specific rural arterial and collector projects and
construction of replacement bridges funded by the federal
bridge replacement program on access roads in rural areas in
36.79.050
[Title 36 RCW—page 255]
36.79.060
Title 36 RCW: Counties
accordance with the procedures set forth in this chapter.
[1997 c 81 § 4; 1988 c 26 § 3; 1983 1st ex.s. c 49 § 5.]
36.79.060
36.79.060 Powers and duties of board. The board
shall:
(1) Adopt rules necessary to implement the provisions of
this chapter relating to the allocation of funds in the rural
arterial trust account to counties;
(2) Adopt reasonably uniform design standards for
county rural arterials and collectors that meet the requirements for trucks transporting commodities. [1998 c 245 § 31;
1997 c 81 § 5; 1988 c 26 § 4; 1983 1st ex.s. c 49 § 6.]
36.79.100 Rural arterial improvements—Coordination with municipal and state projects. Whenever a rural
arterial enters a city or town, the proper city or town and
county officials shall jointly plan the improvement of the
arterial in their respective long-range plans. Whenever a rural
arterial connects with and will be substantially affected by a
programmed construction project on a state highway, the
proper county officials shall jointly plan the development of
such arterial with the department of transportation district
administrator. The board shall adopt rules encouraging the
system development of county-city arterials in rural areas and
rural arterials with state highways. [1983 1st ex.s. c 49 § 9.]
36.79.100
36.79.110 Coordination of transportation improvement board and county road administration board. The
county road administration board and the transportation
improvement board shall jointly adopt rules to assure coordination of their respective programs especially with respect to
projects proposed by the group of incorporated cities outside
the boundaries of federally approved urban areas, and to
encourage the system development of county-city arterials in
rural areas. [1988 c 167 § 7; 1983 1st ex.s. c 49 § 11.]
36.79.110
36.79.070
36.79.070 Board may contract with department of
transportation for staff services and facilities. The board
may contract with the department of transportation to furnish
any necessary staff services and facilities required in the
administration of the rural arterial program. The cost of such
services that are attributable to the rural arterial program,
together with travel expenses in accordance with RCW
43.03.050 and 43.03.060 of the members and all other lawful
expenses of the board that are attributable to the rural arterial
program, shall be paid from the rural arterial trust account in
the motor vehicle fund. [1983 1st ex.s. c 49 § 7.]
36.79.080
36.79.080 Six-year program for rural arterial
improvements—Selection of priority improvement
projects. In preparing their respective six-year programs
relating to rural arterial improvements, counties shall select
specific priority improvement projects for each functional
class of arterial based on the rating of each arterial section
proposed to be improved in relation to other arterial sections
within the same functional class, taking into account the following:
(1) Its structural ability to carry loads imposed upon it;
(2) Its capacity to move traffic at reasonable speeds;
(3) Its adequacy of alignment and related geometrics;
(4) Its accident experience; and
(5) Its fatal accident experience.
The six-year construction programs shall remain flexible
and subject to annual revision as provided in RCW
36.81.121. [1983 1st ex.s. c 49 § 8.]
36.79.090
36.79.090 Six-year program for rural arterial
improvements—Review and revision by board. Upon
receipt of a county’s revised six-year program, the board as
soon as practicable shall review and may revise the construction program as it relates to rural arterials and the construction of replacement bridges funded by the federal bridge
replacement program on access roads in rural areas for which
rural arterial trust account moneys are requested as necessary
to conform to (1) the priority rating of the proposed project,
based upon the factors in RCW 36.79.080, in relation to proposed projects in all other rural arterial construction programs submitted by the counties and within each region; and
(2) the amount of rural arterial trust account funds that the
board estimates will be apportioned to the region. [1988 c 26
§ 5; 1983 1st ex.s. c 49 § 10.]
[Title 36 RCW—page 256]
Additional notes found at www.leg.wa.gov
36.79.120 Rural arterial trust account—Matching
funds. Counties receiving funds from the rural arterial trust
account for construction of arterials and the construction of
replacement bridges funded by the federal bridge replacement program on access roads in rural areas shall provide
such matching funds as established by rules recommended by
the board, subject to review, revision, and final approval by
the office of financial management. Matching requirements
shall be established after appropriate studies by the board,
taking into account financial resources available to counties
to meet arterial needs. [2006 c 334 § 11; 1988 c 26 § 6; 1983
1st ex.s. c 49 § 12.]
36.79.120
Effective date—2006 c 334: See note following RCW 47.01.051.
36.79.130 Recommended budget for expenditures
from rural arterial trust account. Not later than November
1st of each even-numbered year the board shall prepare and
present to the office of financial management a recommended budget for expenditures from the rural arterial trust
account during the ensuing biennium. The budget shall contain an estimate of the revenues to be credited to the rural
arterial trust account.
The office of financial management shall review the
budget as recommended, revise the budget as it deems
proper, and include the budget as revised as a separate section
of the transportation budget which it shall submit to the governor pursuant to chapter 43.88 RCW. [2006 c 334 § 12;
1983 1st ex.s. c 49 § 13.]
36.79.130
Effective date—2006 c 334: See note following RCW 47.01.051.
36.79.140 Expenditures from rural arterial trust
account—Approval by board. At the time the board
reviews the six-year program of each county each even-numbered year, it shall consider and shall approve for inclusion in
its recommended budget, as required by RCW 36.79.130, the
portion of the rural arterial construction program scheduled
36.79.140
(2010 Ed.)
Roads and Bridges—Rural Arterial Program
to be performed during the biennial period beginning the following July 1st. Subject to the appropriations actually
approved by the legislature, the board shall as soon as feasible approve rural arterial trust account funds to be spent during the ensuing biennium for preliminary proposals in priority sequence as established pursuant to RCW 36.79.090. Only
those counties that during the preceding twelve months have
spent all revenues collected for road purposes only for such
purposes, including removal of barriers to fish passage and
accompanying streambed and stream bank repair as specified
in RCW 36.82.070, and including traffic law enforcement, as
are allowed to the state by Article II, section 40 of the state
Constitution are eligible to receive funds from the rural arterial trust account, except that: (1) Counties with a population
of less than eight thousand are exempt from this eligibility
restriction; (2) counties expending revenues collected for
road purposes only on other governmental services after
authorization from the voters of that county under RCW
84.55.050 are also exempt from this eligibility restriction;
and (3) this restriction shall not apply to any moneys diverted
from the road district levy under chapter 39.89 RCW. The
board shall authorize rural arterial trust account funds for the
construction project portion of a project previously authorized for a preliminary proposal in the sequence in which the
preliminary proposal has been completed and the construction project is to be placed under contract. At such time the
board may reserve rural arterial trust account funds for
expenditure in future years as may be necessary for completion of preliminary proposals and construction projects to be
commenced in the ensuing biennium.
The board may, within the constraints of available rural
arterial trust funds, consider additional projects for authorization upon a clear and conclusive showing by the submitting
county that the proposed project is of an emergent nature and
that its need was unable to be anticipated at the time the sixyear program of the county was developed. The proposed
projects shall be evaluated on the basis of the priority rating
factors specified in RCW 36.79.080. [2001 c 221 § 2; 2001 c
212 § 26; 1997 c 81 § 6; 1991 c 363 § 84; 1990 c 42 § 104;
1984 c 113 § 1; 1983 1st ex.s. c 49 § 14.]
Reviser’s note: This section was amended by 2001 c 212 § 26 and by
2001 c 221 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Purpose—Intent—2001 c 221: "The legislature recognizes that
projects that remove impediments to fish passage can greatly increase access
to spawning and rearing habitat for depressed, threatened, and endangered
fish stocks. Although counties are authorized to use county road funds to
replace culverts and other barriers to fish passage, and may conduct streambed and stream bank restoration and stabilization work in conjunction
with removal of these fish barriers, counties are reluctant to spend county
road funds beyond the county right-of-way because it is unclear whether the
use of road funds for this purpose is authorized. The purpose of this act is to
clarify that streambed and stream bank restoration and stabilization activities
conducted in conjunction with removal of existing barriers to fish passage
within county rights-of-way constitute a county road purpose even if this
work extends beyond the county right-of-way. The legislature intends this
act to be permissive legislation. Nothing in this act is intended to create or
impose a legal duty upon counties for salmon recovery work beyond the
county right-of-way." [2001 c 221 § 1.]
Severability—2001 c 212: See RCW 39.89.902.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2010 Ed.)
36.79.170
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
36.79.150 Allocation of funds to rural arterial
projects—Subsequent application for increased allocation—Withholding of funds for noncompliance. (1)
Whenever the board approves a rural arterial project it shall
determine the amount of rural arterial trust account funds to
be allocated for such project. The allocation shall be based
upon information contained in the six-year plan submitted by
the county seeking approval of the project and upon such further investigation as the board deems necessary. The board
shall adopt reasonable rules pursuant to which rural arterial
trust account funds allocated to a project may be increased
upon a subsequent application of the county constructing the
project. The rules adopted by the board shall take into
account, but shall not be limited to, the following factors: (a)
The financial effect of increasing the original allocation for
the project upon other rural arterial projects either approved
or requested; (b) whether the project for which an additional
allocation is requested can be reduced in scope while retaining a usable segment; (c) whether the original cost of the
project shown in the applicant’s six-year program was based
upon reasonable engineering estimates; and (d) whether the
requested additional allocation is to pay for an expansion in
the scope of work originally approved.
(2) The board shall not allocate funds, nor make payments under RCW 36.79.160, to any county or city identified
by the governor under RCW 36.70A.340. [1991 sp.s. c 32 §
31; 1983 1st ex.s. c 49 § 15.]
36.79.150
Additional notes found at www.leg.wa.gov
36.79.160 Payment of rural arterial trust account
funds. (1) Upon completion of a preliminary proposal, the
county submitting the proposal shall submit to the board its
voucher for payment of the trust account share of the cost.
Upon the completion of an approved rural arterial construction project, the county constructing the project shall submit
to the board its voucher for the payment of the trust account
share of the cost. The chair of the board or his or her designated agent shall approve such voucher when proper to do so,
for payment from the rural arterial trust account to the county
submitting the voucher.
(2) The board may adopt rules providing for the approval
of payments of funds in the rural arterial trust account to a
county for costs of preliminary proposal, and costs of construction of an approved project from time to time as work
progresses. These payments shall at no time exceed the rural
arterial trust account share of the costs of construction
incurred to the date of the voucher covering the payment.
[2009 c 549 § 4129; 1983 1st ex.s. c 49 § 17.]
36.79.160
36.79.170 County may appeal decision of board—
Hearing. The legislative body of any county feeling
aggrieved by any action or decision of the board with respect
to this chapter may appeal to the secretary of transportation
by filing a notice of appeal within ninety days after the action
or decision of the board. The notice shall specify the action
or decision of which complaint is made. The secretary shall
fix a time for a hearing on the appeal at the earliest convenient time and shall notify the county auditor and the chair of
36.79.170
[Title 36 RCW—page 257]
36.79.900
Title 36 RCW: Counties
the board by certified mail at least twenty days before the
date of the hearing. At the hearing the secretary shall receive
evidence from the county filing the appeal and from the
board. After the hearing the secretary shall make such order
as in the secretary’s judgment is just and proper. [2009 c 549
§ 4130; 1983 1st ex.s. c 49 § 18.]
36.79.900 Severability—1983 1st ex.s. c 49. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 49 § 32.]
36.79.900
36.79.901 Effective date—1983 1st ex.s. c 49. This act
is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect on
July 1, 1983. [1983 1st ex.s. c 49 § 33.]
36.79.901
Chapter 36.80
Chapter 36.80 RCW
ROADS AND BRIDGES—ENGINEER
Sections
36.80.010
36.80.015
36.80.020
36.80.030
36.80.040
36.80.050
36.80.060
36.80.070
36.80.080
Employment of road engineer.
Office at county seat.
Qualifications—Bond.
Duties of engineer.
Records to be kept.
Highway plat book.
Engineer to maintain records of expenditures for equipment,
etc.—Inventory.
Plans and specifications to be prepared.
Cost-audit examination by state auditor—Expense.
County engineer defined for diking, drainage, or sewerage improvement district purposes: RCW 85.08.010.
Diking or drainage improvement district, engineer as supervisor: RCW
85.20.050.
Duties relating to
agreements on planning, establishing, constructing, etc., of city streets:
RCW 35.77.020, 35.77.030.
diking, drainage and sewerage improvement districts: Chapters 85.08,
85.16 RCW.
flood control zone districts: Chapter 86.15 RCW.
36.80.010 Employment of road engineer. The county
legislative authority of each county shall employ a county
road engineer on either a full-time or part-time basis, or may
contract with another county for the engineering services of a
county road engineer from such other county. [2002 c 9 § 1;
1997 c 147 § 1; 1991 c 363 § 85; 1984 c 11 § 1; 1980 c 93 §
1; 1969 ex.s. c 182 § 6; 1963 c 4 § 36.80.010. Prior: 1943 c
73 § 1, part; 1937 c 187 § 4, part; Rem. Supp. 1943 § 6450-4,
part.]
36.80.010
and examination of the public. [2009 c 105 § 5; 1963 c 4 §
36.80.015. Prior: 1955 c 9 § 1; prior: 1895 c 77 § 10; RRS
§ 4148.]
36.80.020 Qualifications—Bond. He or she shall be a
registered and licensed professional civil engineer under the
laws of this state, duly qualified and experienced in highway
and road engineering and construction. He or she shall serve
at the pleasure of the board.
Before entering upon his or her employment, every
county road engineer shall give an official bond to the county
in such amount as the board shall determine, conditioned
upon the fact that he or she will faithfully perform all the
duties of his or her employment and account for all property
of the county entrusted to his or her care. [2009 c 549 § 4132;
1969 ex.s. c 182 § 7; 1963 c 4 § 36.80.020. Prior: 1943 c 73
§ 1, part; 1937 c 187 § 4, part; Rem. Supp. 1943 § 6450-4,
part.]
36.80.020
36.80.030 Duties of engineer. The county road engineer shall examine and certify to the board all estimates and
all bills for labor, materials, provisions, and supplies with
respect to county roads, prepare standards of construction of
roads and bridges, and perform such other duties as may be
required by order of the board.
He or she shall have supervision, under the direction of
the board, of establishing, laying out, constructing, altering,
improving, repairing, and maintaining all county roads of the
county. [2009 c 549 § 4133; 1969 ex.s. c 182 § 8; 1963 c 4 §
36.80.030. Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part;
Rem. Supp. 1943 § 6450-4, part.]
36.80.030
36.80.040 Records to be kept. The office of county
engineer shall be an office of record; the county road engineer shall record and file in his or her office, all matters concerning the public roads, highways, bridges, ditches, or other
surveys of the county, with the original papers, documents,
petitions, surveys, repairs, and other papers, in order to have
the complete history of any such road, highway, bridge,
ditch, or other survey; and shall number each construction or
improvement project. The county engineer is not required to
retain and file financial documents retained and filed in other
departments in the county. [1995 c 194 § 8; 1969 ex.s. c 182
§ 9; 1963 c 4 § 36.80.040. Prior: 1907 c 160 § 4; RRS §
4147.]
36.80.040
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.80.050 Highway plat book. He or she shall keep a
highway plat book in his or her office in which he or she shall
have accurately platted all public roads and highways established by the board. [2009 c 549 § 4134; 1963 c 4 §
36.80.050. Prior: 1907 c 160 § 2; RRS § 4149.]
36.80.015 Office at county seat. The county road engineer shall keep an office at the county seat in such room or
rooms as are provided by the county, and he or she shall be
furnished with all necessary cases and other suitable articles,
and also with all blank books and blanks necessary to the
proper discharge of his or her official duties. The records and
books in the county road engineer’s office shall be public
records, and shall at all proper times be open to the inspection
36.80.060 Engineer to maintain records of expenditures for equipment, etc.—Inventory. The county road
engineer shall maintain in his or her office complete and
accurate records of all expenditures for (1) administration, (2)
bond and warrant retirement, (3) maintenance, (4) construction, (5) purchase and operation of road equipment, and (6)
purchase or manufacture of materials and supplies, and shall
maintain a true and complete inventory of all road equipment.
36.80.015
[Title 36 RCW—page 258]
36.80.050
36.80.060
(2010 Ed.)
Roads and Bridges—Establishment
The state auditor, with the advice and assistance of the county
road administration board, shall prescribe forms and types of
records to be maintained by the county road engineers. [2009
c 549 § 4135; 1969 ex.s. c 182 § 10; 1963 c 4 § 36.80.060.
Prior: 1949 c 156 § 2; Rem. Supp. 1949 § 6450-8b.]
36.80.070 Plans and specifications to be prepared.
All road construction work, except minor construction work,
which by its nature does not require plans and specifications,
whether performed pursuant to contract or by day labor, shall
be in accordance with plans and specifications prepared
therefor by or under direct supervision of the county road
engineer. [1969 ex.s. c 182 § 11; 1963 c 4 § 36.80.070. Prior:
1949 c 156 § 3; Rem. Supp. 1949 § 6450-8c.]
36.80.070
36.80.080 Cost-audit examination by state auditor—
Expense. The state auditor shall annually make a cost-audit
examination of the books and records of the county road
engineer and make a written report thereon to the county legislative authority. The expense of the examination shall be
paid from the county road fund. [1995 c 301 § 69; 1985 c 120
§ 3; 1984 c 7 § 34; 1963 c 4 § 36.80.080. Prior: 1957 c 146 §
1.]
36.81.060
establishment of a county road in the vicinity of their residence, setting forth and describing the general course and terminal points of the proposed improvement and stating that
the same is a public necessity. The petition must be accompanied by a bond in the penal sum of three hundred dollars, payable to the county, executed by one or more persons as principal or principals, with two or more sufficient sureties, conditioned that the petitioners will pay into the county road fund
of the county all costs and expenses incurred by the county in
examining and surveying the proposed road and in the proceedings thereon in case the road is not established by reason
of its being impracticable or there not being funds therefor.
[1963 c 4 § 36.81.020. Prior: 1937 c 187 § 20, part; RRS §
6450-20, part.]
36.80.080
36.81.030
36.81.030 Deeds and waivers. The board may require
the petitioners to secure deeds and waivers of damages for the
right-of-way from the landowners, and, in such case, before
an examination or survey by the county road engineer is
ordered, such deeds and waivers shall be filed with the board.
[1963 c 4 § 36.81.030. Prior: 1937 c 187 § 20, part; RRS §
6450-20, part.]
Additional notes found at www.leg.wa.gov
36.81.040
Chapter 36.81 RCW
ROADS AND BRIDGES—ESTABLISHMENT
Chapter 36.81
Sections
36.81.010
36.81.020
36.81.030
36.81.040
36.81.050
36.81.060
36.81.070
36.81.080
36.81.090
36.81.100
36.81.110
36.81.121
36.81.122
36.81.130
36.81.140
Resolution of intention and necessity.
Freeholders’ petition—Bond.
Deeds and waivers.
Action on petition.
Engineer’s report.
Survey map, field notes and profiles.
Notice of hearing on report.
Hearing—Road established by resolution.
Expense of proceedings.
County road on or over dikes.
County road on or over dikes—Condemnation for dike roads.
Perpetual advanced six-year plans for coordinated transportation program, expenditures—Nonmotorized transportation—Railroad right-of-way.
Provisions for bicycle paths, lanes, routes, roadways and
improvements to be included in annual revision or extension
of comprehensive road programs—Exception.
Procedure specified for establishment, construction, and maintenance.
Columbia Basin project road systems—Establishment by plat.
Alternate date for budget hearing: RCW 36.40.071.
Bicycles; pavement marking standards: RCW 47.36.280.
State highways in urban areas, allocation of funds, planning, bond issue,
etc.: Chapter 47.26 RCW.
Urban arterials, planning, construction by cities and towns, transportation
improvement board, funds, bond issue, etc.: Chapter 47.26 RCW.
36.81.010 Resolution of intention and necessity. The
board may by original resolution entered upon its minutes
declare its intention to establish any county road in the county
and declare that it is a public necessity and direct the county
road engineer to report upon such project. [1963 c 4 §
36.81.010. Prior: 1937 c 187 § 19; RRS § 6450-19.]
36.81.040 Action on petition. Upon the filing of the
petition and bond and being satisfied that the petition has
been signed by freeholders residing in the vicinity of the proposed road, the board shall direct the county road engineer to
report upon the project. [1963 c 4 § 36.81.040. Prior: 1937 c
187 § 20, part; RRS § 6450-20, part.]
36.81.050
36.81.050 Engineer’s report. Whenever directed by
the board to report upon the establishment of a county road
the engineer shall make an examination of the road and if
necessary a survey thereof. After examination, if the engineer deems the road to be impracticable, he or she shall so
report to the board without making any survey, or he or she
may examine or examine and survey any other practicable
route which would serve such purpose. Whenever he or she
considers any road as proposed or modified as practicable, he
or she shall report thereon in writing to the board giving his
or her opinion: (1) As to the necessity of the road; (2) as to
the proper terminal points, general course and length thereof;
(3) as to the proper width of right-of-way therefor; (4) as to
the estimated cost of construction, including all necessary
bridges, culverts, clearing, grubbing, drainage, and grading;
(5) and such other facts as he or she may deem of importance
to be considered by the board. [2009 c 549 § 4136; 1963 c 4
§ 36.81.050. Prior: 1937 c 187 § 21, part; RRS § 6450-21,
part.]
36.81.010
36.81.020 Freeholders’ petition—Bond. Ten or more
freeholders of any county may petition the board for the
36.81.020
(2010 Ed.)
36.81.060
36.81.060 Survey map, field notes and profiles. The
county road engineer shall file with his or her report a correctly prepared map of the road as surveyed, which map must
show the tracts of land over which the road passes, with the
names, if known, of the several owners thereof, and he or she
shall file therewith his or her field notes and profiles of such
survey. [2009 c 549 § 4137; 1963 c 4 § 36.81.060. Prior:
1937 c 187 § 21, part; RRS § 6450-21, part.]
[Title 36 RCW—page 259]
36.81.070
Title 36 RCW: Counties
36.81.070 Notice of hearing on report. The board
shall fix a time and place for hearing the report of the engineer and cause notice thereof to be published once a week for
two successive weeks in the county official newspaper and to
be posted for at least twenty days at each termini of the proposed road.
The notice shall set forth the termini of the road as set out
in the resolution of the board, or the freeholders’ petition, as
the case may be, and shall state that all persons interested
may appear and be heard at such hearing upon the report and
recommendation of the engineer either to proceed or not to
proceed with establishing the road. [1963 c 4 § 36.81.070.
Prior: 1937 c 187 § 22, part; RRS § 6450-22, part.]
36.81.070
36.81.080 Hearing—Road established by resolution.
On the day fixed for the hearing or any day to which the hearing has been adjourned, upon proof to its satisfaction made
by affidavit of due publication and posting of the notice of
hearing, the board shall consider the report and any and all
evidence relative thereto, and if the board finds that the proposed county road is a public necessity and practicable it may
establish it by proper resolution. [1963 c 4 § 36.81.080.
Prior: 1937 c 187 § 22, part; RRS § 6450-22, part.]
36.81.080
36.81.090 Expense of proceedings. The cost and
expense of the road, together with cost of proceedings
thereon and of right-of-way and any quarries or other land
acquired therefor, and the maintenance of the road shall be
paid out of the county road fund. When the costs are assessed
against the principals on the bond given in connection with a
petition for the improvement, the county auditor shall file a
cost bill with the county treasurer who shall proceed to collect it. [1963 c 4 § 36.81.090. Prior: (i) 1937 c 187 § 22, part;
RRS § 6450-22, part. (ii) 1937 c 187 § 20, part; RRS § 645020, part.]
36.81.090
36.81.100 County road on or over dikes. The board of
any county may establish county roads over, across or along
any dike maintained by any diking, or diking and drainage,
district in the manner provided by law for establishing county
roads over or across private property, and shall determine and
offer the amount of damages, if any, to the district and to the
owners of the land upon which the dike is constructed and
maintained: PROVIDED, That every such county road must
be so constructed, maintained, and used as not to impair the
use of the dike. [1963 c 4 § 36.81.100. Prior: 1937 c 187 §
15; RRS § 6450-15.]
36.81.100
36.81.110 County road on or over dikes—Condemnation for dike roads. If any offer of damages to any diking,
or diking and drainage, district is not accepted in the manner
provided by law, it shall be deemed rejected, and the board by
order, shall direct condemnation proceedings to procure the
right-of-way to be instituted in the superior court of the
county by the prosecuting attorney in the manner provided by
law for the taking of private property for public use, and to
that end the board may institute and maintain in the name of
the county such proceedings against the diking, or diking and
drainage, district and the owners of any land on which the
dike is located and that have failed to accept the offer of dam36.81.110
[Title 36 RCW—page 260]
ages made by the board: PROVIDED, That no taxes or
assessments shall be charged or collected by any diking, or
diking and drainage, district for any county road as provided
in this section. [1963 c 4 § 36.81.110. Prior: 1937 c 187 § 16;
RRS § 6450-16.]
36.81.121
36.81.121 Perpetual advanced six-year plans for
coordinated transportation program, expenditures—
Nonmotorized transportation—Railroad right-of-way.
(1) At any time before adoption of the budget, the legislative
authority of each county, after one or more public hearings
thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years. If the county
has adopted a comprehensive plan pursuant to chapter 35.63
or 36.70 RCW, the inherent authority of a charter county
derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan.
The program shall include proposed road and bridge
construction work and other transportation facilities and programs deemed appropriate, and for those counties operating
ferries shall also include a separate section showing proposed
capital expenditures for ferries, docks, and related facilities.
The program shall include any new or enhanced bicycle or
p e d es t r i a n f a c i l i t i e s i d e n t i f ie d p u r s u a n t t o R C W
36.70A.070(6) or other applicable changes that promote nonmotorized transit. Copies of the program shall be filed with
the county road administration board and with the state secretary of transportation not more than thirty days after its adoption by the legislative authority. The purpose of this section
is to assure that each county shall perpetually have available
advanced plans looking to the future for not less than six
years as a guide in carrying out a coordinated transportation
program. The program may at any time be revised by a
majority of the legislative authority but only after a public
hearing thereon.
(2) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this section
shall contain information as to how a county will expend its
moneys, including funds made available pursuant to chapter
47.30 RCW, for nonmotorized transportation purposes.
(3) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this section
shall contain information as to how a county shall act to preserve railroad right-of-way in the event the railroad ceases to
operate in the county’s jurisdiction.
(4) The six-year plan for each county shall specifically
set forth those projects and programs of regional significance
for inclusion in the transportation improvement program
within that region. [2005 c 360 § 3; 1997 c 188 § 1. Prior:
1994 c 179 § 2; 1994 c 158 § 8; 1990 1st ex.s. c 17 § 58; 1988
c 167 § 8; 1983 1st ex.s. c 49 § 20; prior: 1975 1st ex.s. c 215
§ 2; 1975 1st ex.s. c 21 § 3; 1967 ex.s. c 83 § 26; 1963 c 4 §
36.81.121; prior: 1961 c 195 § 1.]
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
Highways, roads, streets in urban areas, urban arterials, development:
Chapter 47.26 RCW.
Long range arterial construction planning, counties and cities to prepare
data: RCW 47.26.170.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Roads and Bridges—Funds—Budget
36.81.122 Provisions for bicycle paths, lanes, routes,
roadways and improvements to be included in annual
revision or extension of comprehensive road programs—
Exception. The annual revision and extension of comprehensive road programs pursuant to RCW 36.81.121 shall
include consideration of and, wherever reasonably practicable, provisions for bicycle paths, lanes, routes, and roadways:
PROVIDED, That no provision need be made for such a path,
lane, route, or roadway where the cost of establishing it
would be excessively disproportionate to the need or probable use. [1974 ex.s. c 141 § 9.]
36.81.122
36.81.130 Procedure specified for establishment,
construction, and maintenance. The laying out, construction, and maintenance of all county roads shall hereafter be in
accordance with the following procedure:
On or before the first Monday in October of each year
each county road engineer shall file with the county legislative authority a recommended plan for the laying out, construction, and maintenance of county roads for the ensuing
fiscal year. Such recommended plan need not be limited to
but shall include the following items: Recommended
projects, including capital expenditures for ferries, docks,
and related facilities, and their priority; the estimated cost of
all work, including labor and materials for each project recommended; a statement as to whether such work is to be done
by the county forces or by publicly advertised contract; a list
of all recommended purchases of road equipment, together
with the estimated costs thereof. Amounts to be expended for
maintenance shall be recommended, but details of these proposed expenditures shall not be made. The recommended
plan shall conform as nearly as practicable to the county’s
long range road program.
After filing of the road engineer’s recommended plan,
the county legislative authority shall consider the same.
Revisions and changes may be made until a plan which is
agreeable to a majority of the members of the county legislative authority has been adopted: PROVIDED, That such
revisions shall conform as nearly as practicable to the
county’s long range road program. Any appropriations contained in the county road budget shall be void unless the
county’s road plan was adopted prior to such appropriation.
The final road plan for the fiscal year shall not thereafter
be changed except by unanimous vote of the county legislative authority. [2005 c 162 § 2; 1991 c 363 § 86; 1975 1st
ex.s. c 21 § 4; 1963 c 4 § 36.81.130. Prior: 1949 c 156 § 7;
Rem. Supp. 1949 § 6450-8f.]
36.81.130
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.81.140 Columbia Basin project road systems—
Establishment by plat. When plats or blocks of farm units
have been or are filed under the provisions of chapter 89.12
RCW which contain a system of county roads, or when a supplemental plat of a system of county roads to serve such a plat
is filed in connection therewith, the filing period and formal
approval by the board of county commissioners shall constitute establishment as county roads: PROVIDED, That the
board of county commissioners have obtained the individual
rights-of-way by deed or as otherwise provided by law.
[1963 c 4 § 36.81.140. Prior: 1953 c 199 § 1.]
36.81.140
(2010 Ed.)
36.82.040
Chapter 36.82 RCW
ROADS AND BRIDGES—FUNDS—BUDGET
Chapter 36.82
Sections
36.82.010
36.82.020
36.82.040
36.82.050
36.82.060
36.82.070
36.82.075
36.82.080
36.82.090
36.82.100
36.82.110
36.82.120
36.82.140
36.82.145
36.82.160
36.82.170
36.82.180
36.82.190
36.82.200
36.82.210
"County road fund" created.
County road fund—Limitation upon expenditures.
General tax levy for road fund—Exceptions.
Receipts from motor vehicle fund to road fund.
Federal reimbursement to road fund.
Purpose for which road fund can be used.
Use of county road funds in cooperative agreement with conservation district.
Purpose for which road fund can be used—Payment of bond or
warrant interest and principal.
Anticipation warrants against road fund.
Purchases of road material extraction equipment—Sale of surplus materials.
Voluntary contributions for improvements to county roads—
Standards.
Purchases of road material extraction equipment—Proceeds to
road fund.
Forest roads may be maintained from road fund.
Bicycle paths, lanes, routes, etc., may be constructed, maintained or improved from county road fund—Standards.
County road budget—Road budget to be prepared—Estimates
of expenditures.
County road budget—Budget as adopted filed with department
of transportation.
County road budget—Preliminary supplemental budget.
County road budget—Notice of hearing on supplemental budget.
County road budget—Hearing, adoption, supplemental budget.
Disposition of fines and forfeitures for violations.
Bicycles; pavement marking standards: RCW 47.36.280.
Employee safety award program, funds affected: RCW 36.32.460.
36.82.010 "County road fund" created. There is created in each county of the state a county fund to be known as
the "county road fund." Any funds which accrue to any
county for use upon county roads, shall be credited to and
deposited in the county road fund. [1969 ex.s. c 182 § 12;
1963 c 4 § 36.82.010. Prior: 1943 c 82 § 2, part; 1937 c 187
§ 6, part; Rem. Supp. 1943 § 6450-6, part.]
36.82.010
36.82.020 County road fund—Limitation upon
expenditures. Any funds accruing to and to be deposited in
the county road fund arising from any levy in any road district shall be expended for proper county road purposes.
[1991 c 363 § 87; 1963 c 4 § 36.82.020. Prior: 1943 c 82 § 2,
part; 1937 c 187 § 6, part; Rem. Supp. 1943 § 6450-6, part.]
36.82.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.82.040 General tax levy for road fund—Exceptions. For the purpose of raising revenue for establishing,
laying out, constructing, altering, repairing, improving, and
maintaining county roads, bridges, and wharves necessary for
vehicle ferriage and for other proper county purposes, the
board shall annually at the time of making the levy for general purposes make a uniform tax levy throughout the county,
or any road district thereof, of not to exceed two dollars and
twenty-five cents per thousand dollars of assessed value of
the last assessed valuation of the taxable property in the
county, or road district thereof, unless other law of the state
requires a lower maximum levy, in which event such lower
maximum levy shall control. All funds accruing from such
levy shall be credited to and deposited in the county road
fund except that revenue diverted under RCW 36.33.220
36.82.040
[Title 36 RCW—page 261]
36.82.050
Title 36 RCW: Counties
shall be placed in a separate and identifiable account within
the county current expense fund and except that revenue
diverted under chapter 39.89 RCW shall be expended as provided under chapter 39.89 RCW. [2001 c 212 § 27; 1973 1st
ex.s. c 195 § 41; 1971 ex.s. c 25 § 2; 1963 c 4 § 36.82.040.
Prior: 1937 c 187 § 7; RRS § 6450-7.]
Severability—2001 c 212: See RCW 39.89.902.
Additional notes found at www.leg.wa.gov
36.82.050 Receipts from motor vehicle fund to road
fund. Any funds accruing to the credit of any county from
the motor vehicle fund shall be paid monthly to the county
treasurer and deposited in the county road fund. [1963 c 4 §
36.82.050. Prior: 1937 c 187 § 8, part; RRS § 6450-8, part.]
36.82.050
36.82.060 Federal reimbursement to road fund. Any
funds accruing to any county by way of reimbursement by the
federal government for expenditures made from the county
road fund of such county for any proper county road purpose
shall be credited to and deposited in the county road fund.
[1963 c 4 § 36.82.060. Prior: 1937 c 187 § 8, part; RRS §
6450-8, part.]
36.82.060
36.82.070 Purpose for which road fund can be used.
Any money paid to any county road fund may be used for the
construction, alteration, repair, improvement, or maintenance
of county roads and bridges thereon and for wharves necessary for ferriage of motor vehicle traffic, and for ferries, and
for the acquiring, operating, and maintaining of machinery,
equipment, quarries, or pits for the extraction of materials,
and for the cost of establishing county roads, acquiring
rights-of-way therefor, and expenses for the operation of the
county engineering office, and for any of the following programs when directly related to county road purposes: (1)
Insurance; (2) self-insurance programs; and (3) risk management programs; and for any other proper county road purpose. Such expenditure may be made either independently or
in conjunction with the state or any city, town, or tax district
within the county. County road purposes include the construction, maintenance, or improvement of park and ride lots.
County road purposes also include the removal of barriers to
fish passage related to county roads, and include but are not
limited to the following activities associated with the removal
of these barriers: Engineering and technical services; stream
bank stabilization; streambed restoration; the placement of
weirs, rock, or woody debris; planting; and channel modification. County road funds may be used beyond the county
right-of-way for activities clearly associated with removal of
fish passage barriers that are the responsibility of the county.
Activities related to the removal of barriers to fish passage
performed beyond the county right-of-way must not exceed
twenty-five percent of the total cost of activities related to
fish barrier removal on any one project, and the total annual
cost of activities related to the removal of barriers to fish passage performed beyond the county rights-of-way must not
exceed one-half of one percent of a county’s annual road construction budget. The use of county road funds beyond the
county right-of-way for activities associated with the removal
of fish barriers is permissive, and wholly within the discretion of the county legislative authority. The use of county
36.82.070
[Title 36 RCW—page 262]
road funds beyond the county right-of-way for such activities
does not create or impose a legal duty upon a county for
salmon recovery work beyond the county right-of-way.
[2010 c 43 § 1; 2001 c 221 § 3; 1997 c 189 § 1; 1963 c 4 §
36.82.070. Prior: 1943 c 82 § 5, part; 1937 c 187 § 53, part;
Rem. Supp. 1943 § 6450-53, part.]
Removal of fish barriers—2001 2nd sp.s. c 14: "Notwithstanding the
limitations of RCW 36.82.070 and 2001 c 221 s 3, county road funds may be
used during this biennium beyond the county right-of-way for activities
clearly associated with removal of fish passage barriers that are the responsibility of the county in the amount deemed appropriate by the county." [2001
2nd sp.s. c 14 § 609.]
Purpose—Intent—2001 c 221: See note following RCW 36.79.140.
36.82.075 Use of county road funds in cooperative
agreement with conservation district. Whenever a county
legislative authority enters into a cooperative agreement with
a conservation district as provided in chapter 89.08 RCW, the
agreement may specify that the county will participate in the
cost of any project which can be anticipated to result in a substantial reduction of the amount of soil deposited in a specifically described roadside ditch normally maintained by the
county. The amount of participation by the county through
the county road fund shall not exceed fifty percent of the
project cost and shall be limited to those engineering and construction costs incurred during the initial construction or
reconstruction of the project. [1985 c 369 § 9.]
36.82.075
36.82.080 Purpose for which road fund can be
used—Payment of bond or warrant interest and principal. The payment of interest or principal on general obligation county road bonds, or retirement of registered warrants
both as to principal and interest when such warrants have
been issued for a proper county road purpose, are declared to
be a proper county road purpose. [1979 ex.s. c 30 § 4; 1963
c 4 § 36.82.080. Prior: 1943 c 82 § 5, part; 1937 c 187 § 53,
part; Rem. Supp. 1943 § 6450-53, part.]
36.82.080
36.82.090 Anticipation warrants against road fund.
The board may expend funds from the county road fund or
register warrants against the county road fund in anticipation
of funds to be paid to the county from the motor vehicle fund.
[1963 c 4 § 36.82.090. Prior: 1943 c 82 § 6; 1937 c 187 § 54;
Rem. Supp. 1943 § 6450-54.]
36.82.090
36.82.100 Purchases of road material extraction
equipment—Sale of surplus materials. The boards of the
several counties may purchase and operate, out of the county
road fund, rock crushing, gravel, or other road building material extraction equipment.
Any crushed rock, gravel, or other road building material
extracted and not directly used or needed by the county in the
construction, alteration, repair, improvement, or maintenance
of its roads may be sold at actual cost of production by the
board to the state or any other county, city, town, or other
political subdivision to be used in the construction, alteration,
repair, improvement, or maintenance of any state, county,
city, town or other proper highway, road or street purpose:
PROVIDED, That in counties of less than twelve thousand
five hundred population as determined by the 1950 federal
census, the boards of commissioners, during such times as
36.82.100
(2010 Ed.)
Roads and Bridges—Funds—Budget
the crushing, loading or mixing equipment is actually in operation, or from stockpiles, may sell at actual cost of production
such surplus crushed rock, gravel, or other road building
material to any other person for private use where the place of
contemplated use of such crushed rock, gravel or other road
building material is more than fifteen miles distant from the
nearest private source of such materials within the county,
distance being computed by the closest traveled route: AND
PROVIDED FURTHER, That the purchaser presents, at or
before the time of delivery to him or her, a treasurer’s receipt
for payment for such surplus crushed rock, gravel, or any
other road building material. [2009 c 549 § 4138; 1963 c 4 §
36.82.100. Prior: 1953 c 172 § 1; 1937 c 187 § 44, part; RRS
§ 6450-44, part.]
36.82.110 Voluntary contributions for improvements
to county roads—Standards. Upon voluntary contribution
and payment by any person for the actual cost thereof, such
person or legislative authority upon the approval of maps,
plans, specifications and guaranty bonds as may be required,
may place crushed rock gravel or other road building material
or make improvements upon any county road. Such work
shall be done in accordance with adopted county standards
under the supervision of and direction of the county engineer.
[1982 c 145 § 7; 1963 c 4 § 36.82.110. Prior: 1937 c 187 §
44, part; RRS § 6450-44, part.]
36.82.110
36.82.120 Purchases of road material extraction
equipment—Proceeds to road fund. All proceeds from the
sale or placing of any crushed rock, gravel or other road
building material shall be deposited in the county road fund
to be expended under the same provisions as are by law
imposed upon the funds used to produce the crushed rock,
gravel, or other road building material extracted and sold.
[1963 c 4 § 36.82.120. Prior: 1937 c 187 § 44, part; RRS §
6450-44, part.]
36.82.120
36.82.140 Forest roads may be maintained from road
fund. The board may maintain any forest roads within its
county and expend for the maintenance thereof funds accruing to the county road fund. [1963 c 4 § 36.82.140. Prior:
1937 c 187 § 45; RRS § 6450-45.]
36.82.140
36.82.145 Bicycle paths, lanes, routes, etc., may be
constructed, maintained or improved from county road
fund—Standards. Any funds deposited in the county road
fund may be used for the construction, maintenance, or
improvement of bicycle paths, lanes, routes, and roadways,
and for improvements to make existing streets and roads
more suitable and safe for bicycle traffic. Bicycle facilities
constructed or modified after June 10, 1982, shall meet or
exceed the standards of the state department of transportation. [1982 c 55 § 3; 1974 ex.s. c 141 § 8.]
36.82.145
36.82.160 County road budget—Road budget to be
prepared—Estimates of expenditures. Each county legislative authority, with the assistance of the county road engineer, shall prepare and file with the county auditor on or
before the second Monday in August in each year, detailed
and itemized estimates of all expenditures required in the
36.82.160
(2010 Ed.)
36.82.190
county for the ensuing fiscal year. In the preparation and
adoption of the county road budget the legislative authority
shall determine and budget sums to become available for the
following county road purposes: (1) Administration; (2)
bond and warrant retirement; (3) maintenance; (4) construction; (5) operation of equipment rental and revolving fund;
and (6) such other items relating to the county road budget as
may be required by the county road administration board; and
the respective amounts as adopted for these several items in
the final budget for the ensuing calendar year shall not be
altered or exceeded except as by law provided. [1991 c 363
§ 88; 1969 ex.s. c 182 § 14; 1963 c 4 § 36.82.160. Prior: 1949
c 156 § 6, part; 1943 c 82 § 7, part; 1937 c 187 § 56, part;
Rem. Supp. 1949 § 6450-56, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.82.170 County road budget—Budget as adopted
filed with department of transportation. Upon the final
adoption of the county road budgets of the several counties,
the county legislative authorities shall file a copy thereof in
the office of the department of transportation. [1984 c 7 § 36;
1963 c 4 § 36.82.170. Prior: 1949 c 156 § 6, part; 1943 c 82
§ 7, part; 1937 c 187 § 56, part; Rem. Supp. 1949 § 6450-56,
part.]
36.82.170
Additional notes found at www.leg.wa.gov
36.82.180 County road budget—Preliminary supplemental budget. If any funds are paid to any county from the
motor vehicle fund in excess of the amount estimated by the
department of transportation and the excess funds have not
been included by the county legislative authority in the then
current county road budget or if funds become available from
other sources upon a matching basis or otherwise and it is
impracticable to adhere to the provisions of the county road
budget, the legislative authority may by unanimous consent,
consider and adopt a preliminary supplemental budget covering the excess funds for the remainder of the current fiscal
year. [1984 c 7 § 37; 1963 c 4 § 36.82.180. Prior: 1949 c 156
§ 6, part; 1943 c 82 § 7, part; 1937 c 187 § 56, part; Rem.
Supp. 1949 § 6450-56, part.]
36.82.180
Additional notes found at www.leg.wa.gov
36.82.190 County road budget—Notice of hearing on
supplemental budget. The county legislative authority shall
then publish a notice setting day of hearing for the adoption
of the final supplemental budget covering the excess funds,
designating the time and place of hearing and that anyone
may appear thereat and be heard for or against any part of the
preliminary supplemental budget. The notice shall be published once a week for two consecutive weeks immediately
following the adoption of the preliminary supplemental budget in the official newspaper of the county. The county legislative authority shall provide a sufficient number of copies of
the preliminary supplemental budget to meet reasonable public demands and they shall be available not later than two
weeks immediately preceding the hearing. [1985 c 469 § 50;
1963 c 4 § 36.82.190. Prior: 1949 c 156 § 6, part; 1943 c 82
§ 7, part; 1937 c 187 § 56, part; Rem. Supp. 1949 § 6450-56,
part.]
36.82.190
[Title 36 RCW—page 263]
36.82.200
Title 36 RCW: Counties
36.82.200 County road budget—Hearing, adoption,
supplemental budget. The board shall hold such hearing at
the time and place designated in the notice, and it may be
continued from day to day until concluded but not to exceed
a total of five days. Upon the conclusion of the hearing the
board shall fix and determine the supplemental budget and by
resolution adopt it as finally determined and enter it in detail
in the official minutes of the board, a copy of which supplemental budget shall be forwarded to the director. [1995 c 301
§ 70; 1963 c 4 § 36.82.200. Prior: 1949 c 156 § 6, part; 1943
c 82 § 7, part; 1937 c 187 § 56, part; Rem. Supp. 1949 § 645056, part.]
36.82.200
36.82.210 Disposition of fines and forfeitures for violations. All fines and forfeitures collected for violation of
any of the provisions of chapters 36.75, and 36.77 to 36.87
RCW, inclusive, when the violation thereof occurred outside
of any incorporated city or town shall be distributed and paid
into the proper funds for the following purposes: One-half
shall be paid into the county road fund of the county in which
the violation occurred; one-fourth into the state fund for the
support of state parks and parkways; and one-fourth into the
highway safety fund: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court
because of the violation of a state law shall be remitted as
provided in chapter 3.62 RCW as now exists or is later
amended.
All fines and forfeitures collected for the violation of any
of such provisions when the violation thereof occurred inside
any incorporated city or town shall be distributed and paid
into the proper funds for the following purposes: One-half
shall be paid into the city street fund of such incorporated city
or town for the construction and maintenance of city streets;
one-fourth into the state fund for the support of state parks
and parkways; and one-fourth into the highway safety fund:
PROVIDED, That all fees, fines, forfeitures and penalties
collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter
3.62 RCW as now exists or is later amended. [1987 c 202 §
211; 1969 ex.s. c 199 § 21; 1963 c 4 § 36.82.210. Prior: 1949
c 75 § 2; 1937 c 187 § 67; Rem. Supp. 1949 § 6450-67.]
36.82.210
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 36.83 RCW
ROADS AND BRIDGES—SERVICE DISTRICTS
Chapter 36.83
Sections
36.83.010
36.83.020
36.83.030
36.83.040
36.83.050
36.83.060
36.83.070
36.83.080
36.83.090
36.83.100
36.83.110
36.83.120
36.83.130
Service districts authorized—Bridge and road improvements—Powers—Governing body.
Establishment—Notice, hearing—Termination of proceedings—Modification of boundaries—Dissolution.
Excess ad valorem property taxes authorized.
General obligation bonds, excess property tax levies authorized—Limitations.
Local improvement districts authorized—Assessments—Special assessment bonds and revenue bonds—Limitations.
Bonds—Form.
Bonds—Use of proceeds.
Gifts, grants, and donations.
Eminent domain.
Commissioners—Appointment—Terms—Vacancies—Compensation—Powers.
Election to retain commissioners—Referendum petition.
Removal of commissioner.
Improvements—Ownership.
[Title 36 RCW—page 264]
36.83.140
36.83.900
Local service district fund.
Liberal construction.
Transportation benefit districts: Chapter 36.73 RCW.
36.83.010 Service districts authorized—Bridge and
road improvements—Powers—Governing body. The legislative authority of a county may establish one or more service districts within the county for the purpose of providing
and funding capital and maintenance costs for any bridge or
road improvement or for providing and funding capital costs
for any state highway improvement a county or a road district
has the authority to provide. A service district may not
include any area within the corporate limits of a city or town
unless the city or town governing body adopts a resolution
approving inclusion of the area within its limits. A service
district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of
the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
A service district shall constitute a body corporate and
shall possess all the usual powers of a corporation for public
purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not
limited to, the authority to hire employees, staff, and services,
to enter into contracts, to acquire, hold, and dispose of real
and personal property, and to sue and be sued. All projects
constructed by a service district pursuant to the provisions of
this chapter shall be competitively bid and contracted.
A board of three commissioners appointed by the county
legislative authority or county executive pursuant to this
chapter shall be the governing body of a service district. The
county treasurer shall act as the ex officio treasurer of the service district. The electors of a service district are all registered voters residing within the district. [1996 c 292 § 1;
1985 c 400 § 2; 1983 c 130 § 1.]
36.83.010
County may fund improvements to state highways: RCW 36.75.035.
36.83.020 Establishment—Notice, hearing—Termination of proceedings—Modification of boundaries—Dissolution. (1) A county legislative authority proposing to
establish a service district shall conduct a hearing at the time
and place specified in a notice published at least once, not
less than ten days prior to the hearing, in a newspaper of general circulation within the proposed service district. This
notice shall be in addition to any other notice required by law
to be published. The notice shall specify the functions or
activities proposed to be provided or funded by the service
district. Additional notice of the hearing may be given by
mail, posting within the proposed service district, or in any
manner the county legislative authority deems necessary to
notify affected persons. All hearings shall be public and the
county legislative authority shall hear objections from any
person affected by the formation, modification of the boundaries, or dissolution of the service district.
(2) Following the hearing held pursuant to subsection (1)
of this section, the county legislative authority may establish
a service district if the county legislative authority finds the
action to be in the public interest and adopts an ordinance or
resolution providing for the establishment of the service district. The legislation establishing a service district shall specify the functions or activities to be exercised or funded and
36.83.020
(2010 Ed.)
Roads and Bridges—Service Districts
establish the boundaries of the service district. Functions or
activities proposed to be provided or funded by the service
district may not be expanded beyond those specified in the
notice of hearing, except as provided in subsection (4) of this
section.
(3) At any time prior to the county legislative authority
establishing a service district pursuant to this section, all further proceedings shall be terminated upon the filing of a verified declaration of termination signed by a majority of the
registered voters of the proposed service district.
(4) With the approval of the county legislative authority,
the governing body of a service district may modify the
boundaries of, expand or otherwise modify the functions of,
or dissolve the service district after providing notice and conducting a public hearing or hearings in the manner provided
in subsection (1) of this section. The governing body must
make a determination that the proposed action is in the public
interest and adopt a resolution providing for the action.
[1996 c 292 § 2; 1983 c 130 § 2.]
36.83.030 Excess ad valorem property taxes authorized. (1) A service district may levy an ad valorem property
tax, in excess of the one percent limitation, upon the property
within the district for a one-year period whenever authorized
by the voters of the district pursuant to RCW 84.52.052 and
Article VII, section 2(a) of the state Constitution.
(2) A service district may provide for the retirement of
voter approved general obligation bonds, issued for capital
purposes only, by levying bond retirement ad valorem property tax levies, in excess of the one percent limitation, whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW
84.52.056. [1983 c 130 § 3.]
36.83.030
36.83.040 General obligation bonds, excess property
tax levies authorized—Limitations. (1) To carry out the
purpose of this chapter, a service district may issue general
obligation bonds, not to exceed an amount, together with any
other outstanding nonvoter approved general obligation
indebtedness, equal to three-eighths of one percent of the
value of taxable property within the district, as the term
"value of taxable property" is defined in RCW 39.36.015. A
service district may additionally issue general obligation
bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount
equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of taxable
property" is defined in RCW 39.36.015, when authorized by
the voters of the service district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in
RCW 36.83.030(2). The service district may submit a single
proposition to the voters which, if approved, authorizes both
the issuance of the bonds and the bond retirement property
tax levies.
(2) General obligation bonds with a maturity in excess of
forty years shall not be issued. The governing body of the service district shall by resolution determine for each general
obligation bond issue the amount, date, terms, conditions,
denominations, maximum fixed or variable interest rate or
36.83.040
(2010 Ed.)
36.83.050
rates, maturity or maturities, redemption rights, registration
privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as
to principal and interest, registration as to principal only, or
bearer. Registration may include, but not be limited to: (a) A
book entry system of recording the ownership of a bond
whether or not physical bonds are issued; or (b) recording the
ownership of a bond together with the requirement that the
transfer of ownership may only be effected by the surrender
of the old bond and either the reissuance of the old bond or
the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to
fund specific projects or enterprises that generate revenues,
charges, user fees, or special assessments, the service district
which issues the bonds may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. [1983 c 130 §
4.]
36.83.050 Local improvement districts authorized—
Assessments—Special assessment bonds and revenue
bonds—Limitations. (1) A service district may form a local
improvement district or utility local improvement district to
provide any local improvement it has the authority to provide, impose special assessments on all property specially
benefited by the local improvements, and issue special
assessment bonds or revenue bonds to fund the costs of the
local improvement. Improvement districts shall be created
and assessments shall be made and collected pursuant to
chapters 35.43, 35.44, 35.49, 35.50, 35.53, and 35.54 RCW.
(2) The governing body of a service district shall by resolution establish for each special assessment bond issue the
amount, date, terms, conditions, denominations, maximum
fixed or variable interest rate or rates, maturity or maturities,
redemption rights, registration privileges, if any, covenants,
and form, including registration as to principal and interest,
registration as to principal only, or bearer. Registration may
include, but not be limited to: (a) A book entry system of
recording the ownership of a bond whether or not physical
bonds are issued; or (b) recording the ownership of a bond
together with the requirement that the transfer of ownership
may only be effected by the surrender of the old bond and
either the reissuance of the old bond or the issuance of a new
bond to the new owner. Facsimile signatures may be used on
the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond
the date of issue. Special assessment bonds issued pursuant to
this section shall not be an indebtedness of the service district
issuing the bonds, and the interest and principal on the bonds
shall only be payable from special assessments made for the
improvement for which the bonds were issued and any local
improvement guaranty fund that the service district has created. The owner or bearer of a special assessment bond or any
interest coupon issued pursuant to this section shall not have
any claim against the service district arising from the bond or
coupon except for the payment from special assessments
made for the improvement for which the bonds were issued
and any local improvement guaranty fund the service district
36.83.050
[Title 36 RCW—page 265]
36.83.060
Title 36 RCW: Counties
has created. The service district issuing the special assessment bonds is not liable to the owner or bearer of any special
assessment bond or any interest coupon issued pursuant to
this section for any loss occurring in the lawful operation of
its local improvement guaranty fund. The substance of the
limitations included in this subsection shall be plainly
printed, written, or engraved on each special assessment bond
issued pursuant to this section.
(3) The governing body may establish and pay moneys
into a local improvement guaranty fund to guarantee special
assessment bonds issued by the service district.
(4) The governing body of a service district shall provide
for the payment of both the special assessments which are
imposed and a portion of the utility income from the utility
improvement into a special fund established for the payment
of the revenue bonds to defray the cost of the utility local
improvement district whenever it desires to create a utility
local improvement district and issue revenue bonds to fund
the local improvement. [1983 c 130 § 5.]
36.83.060 Bonds—Form. Where physical bonds are
issued pursuant to RCW 36.83.040 or 36.83.050, the bonds
shall be printed, engraved, or lithographed on good bond
paper and the manual or facsimile signatures of both the treasurer and chairperson of the governing body shall be included
on each bond. [1983 c 130 § 6.]
36.83.060
36.83.070 Bonds—Use of proceeds. (1) The proceeds
of any bond issued pursuant to RCW 36.83.040 or 36.83.050
may be used to pay costs incurred on such bond issue related
to the sale and issuance of the bonds. Such costs include payments for fiscal and legal expenses, obtaining bond ratings,
printing, engraving, advertising, and other similar activities.
(2) In addition, proceeds of bonds used to fund capital
projects may be used to pay the necessary and related engineering, architectural, planning, and inspection costs. [1983
c 130 § 7.]
36.83.070
36.83.080 Gifts, grants, and donations. A service district may accept and expend or use gifts, grants, and donations. [1983 c 130 § 8.]
36.83.080
36.83.090 Eminent domain. A service district may
exercise the power of eminent domain to obtain property for
its authorized purposes in the manner counties exercise the
powers of eminent domain. [1983 c 130 § 9.]
36.83.090
36.83.100 Commissioners—Appointment—Terms—
Vacancies—Compensation—Powers. If the county legislative authority establishes a road and bridge service district,
it shall promptly appoint three persons who are residents of
the territory included in that service district to serve as the
commissioners of the service district. For counties having an
elected executive, the executive shall appoint those commissioners subject to confirmation by the legislative authority of
the county. The commissioners first appointed shall be designated to serve for terms of one, two, and three years, respectively, from the date of their appointment. Thereafter, service
district commissioners shall be appointed for a term of office
of five years. Vacancies must be filled for any unexpired term
36.83.100
[Title 36 RCW—page 266]
in the same manner as the original appointment. No member
of the legislative authority of the county in which a service
district is created may be a commissioner of that service district, except that, if the boundaries of the service district are
included within or coterminous with the boundaries of a
county commissioner or council district, the county commissioner or councilmember elected from that commissioner or
council district may be appointed to serve as a commissioner
of the service district. A commissioner shall hold office until
his or her successor has been appointed and qualified, unless
sooner removed from office for cause in accordance with this
chapter or removed by referendum in accordance with RCW
36.83.110. A certificate of the appointment or reappointment
of any commissioner must be filed with the county auditor,
and such certificate is conclusive evidence of the due and
proper appointment of the commissioner. The commissioners
of the service district shall receive no compensation for their
services, in any capacity, but are entitled to reimbursement
for reasonable and necessary expenses, including travel
expenses, incurred in the discharge of their duties.
The powers of each service district are vested in the
commissioners of the service district. Two commissioners
constitute a quorum of the service district for the purpose of
conducting its business and exercising its powers and for all
other purposes. The commissioners of the service district
shall organize itself and select its chair, vice-chair, and secretary, who shall serve one-year terms but may be selected for
additional terms. When the office of any officer becomes
vacant, the commissioners of the service district shall select a
new officer from among the commissioners for the balance of
the term of office. [1996 c 292 § 3.]
36.83.110
36.83.110 Election to retain commissioners—Referendum petition. Any registered voter residing within the
boundaries of the road and bridge service district may file a
referendum petition to call an election to retain any or all
commissioners. Any referendum petition to call such election
shall be filed with the county auditor no later than one year
before the end of a commissioner’s term. Within ten days of
the filing of a petition, the county auditor shall confer with
the petitioner concerning form and style of the petition, issue
an identification number for the petition, and write a ballot
title for the measure. The ballot title shall be posed as a question: "Shall (name of commissioner) be retained as a road
and bridge service district commissioner?" and the question
shall be posed separately for each commissioner. The petitioner shall be notified of the identification number and ballot
title within this ten-day period.
After this notification, the petitioner shall have thirty
days in which to secure on petition forms the signatures of
not less than twenty-five percent of the registered voters
residing within the boundaries of the service district and file
the signed petitions with the county auditor. Each petition
form shall contain the ballot title. The county auditor shall
verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the county
auditor shall submit the referendum measure to the registered
voters residing in the service district in a special election no
later than one hundred twenty days after the signed petition
has been filed with the county auditor. The special election
(2010 Ed.)
Roads and Bridges—Rights-Of-Way
may be conducted by mail ballot as provided for in *chapter
29.36 RCW.
The office of any commissioner for whom there is not a
majority vote to retain shall be declared vacant. [1996 c 292
§ 4.]
*Reviser’s note: Chapter 29.36 RCW was recodified as chapter
29A.40 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
36.83.120 Removal of commissioner. For neglect of
duty or misconduct in office, a commissioner of a service district may be removed by the county legislative authority after
conducting a hearing. The commissioner must be given a
copy of the charges at least ten days prior to the hearing and
must have an opportunity to be heard in person or by counsel.
If a commissioner is removed, a record of the proceedings,
together with the charges and findings, must be filed in the
office of the county auditor. [1996 c 292 § 5.]
36.83.120
36.83.130 Improvements—Ownership. Any road or
bridge improvements financed in whole by funds of a service
district, including but not limited to proceeds of bonds issued
by a service district, shall be owned by that service district.
Improvements financed jointly by a service district and the
county or city within which the improvements are located
may be owned jointly by the service district and that county
or city pursuant to an interlocal agreement. [1996 c 292 § 6.]
36.83.130
36.83.140 Local service district fund. If a service district is formed, there shall be created in the office of the
county treasurer, as ex officio treasurer of the service district,
a local service district fund with such accounts as the treasurer may find convenient or as the state auditor or the governing body of the service district may direct, into which
shall be deposited all revenues received by or on behalf of the
service district from tax levies, gifts, donations and any other
source. The fund shall be designated "(name of county)
(road/bridge) service district No. . . . fund." [1996 c 292 §
7.]
36.83.140
36.83.900 Liberal construction. The rule of strict construction does not apply to this chapter, and this chapter shall
be liberally construed to permit the accomplishment of its
purposes. [1983 c 130 § 10.]
36.83.900
Chapter 36.85 RCW
ROADS AND BRIDGES—RIGHTS-OF-WAY
Chapter 36.85
Sections
36.85.010
36.85.020
36.85.030
36.85.040
36.85.010 Acquisition—Condemnation. Whenever it
is necessary to secure any lands for a right-of-way for any
county road or for the drainage thereof or to afford unobstructed view toward any intersection or point of possible
danger to public travel upon any county road or for any borrow pit, gravel pit, quarry, or other land for the extraction of
material for county road purposes, or right-of-way for access
36.85.010
(2010 Ed.)
thereto, the board may acquire such lands on behalf of the
county by gift, purchase, or condemnation. When the board
so directs, the prosecuting attorney of the county shall institute proceedings in condemnation to acquire such land for a
county road in the manner provided by law for the condemnation of land for public use by counties. All cost of acquiring
land for right-of-way or for other purposes by purchase or
condemnation shall be paid out of the county road fund of the
county and chargeable against the project for which acquired.
[1963 c 4 § 36.85.010. Prior: 1937 c 187 § 9; RRS § 6450-9.]
36.85.020 Aviation site not exempt from condemnation. Whenever any county has established a public highway, which, in whole or in part, abuts upon and adjoins any
aviation site in such county, no property shall be exempt from
condemnation for such highway by reason of the same having been or being dedicated, appropriated, or otherwise
reduced or held to public use. [1963 c 4 § 36.85.020. Prior:
1925 ex.s. c 41 § 1; RRS § 905-2.]
36.85.020
36.85.030 Acceptance of federal grants over public
lands. The boards in their respective counties may accept the
grant of rights-of-way for the construction of public highways over public lands of the United States, not reserved for
public uses, contained in section 2477 of the Revised Statutes
of the United States. Such rights-of-way shall henceforward
not be less than sixty feet in width unless a lesser width is
specified by the United States. Acceptance shall be by resolution of the board spread upon the records of its proceedings:
PROVIDED, That nothing herein contained shall be construed to invalidate the acceptance of such grant by general
public use and enjoyment, heretofore or hereafter had. [1963
c 4 § 36.85.030. Prior: 1937 c 187 § 17; RRS § 6450-17.]
36.85.030
36.85.040 Acceptance of federal grants over public
lands—Prior acceptances ratified. Prior action of boards
purporting to accept the grant of rights-of-way under section
2477 of the Revised Statutes of the United States for the construction of public highways over public lands of the United
States, as provided in RCW 36.85.030, is hereby approved,
ratified and confirmed and all such public highways shall be
deemed duly laid out county roads and boards of county commissioners may at any time by recorded resolution cause any
of such county roads to be opened and improved for public
travel. [1963 c 4 § 36.85.040. Prior: 1937 c 187 § 18; RRS §
6450-18.]
36.85.040
Chapter 36.86
Acquisition—Condemnation.
Aviation site not exempt from condemnation.
Acceptance of federal grants over public lands.
Acceptance of federal grants over public lands—Prior acceptances ratified.
Chapter 36.86
Chapter 36.86 RCW
ROADS AND BRIDGES—STANDARDS
Sections
36.86.010
36.86.020
36.86.030
36.86.040
36.86.050
36.86.060
36.86.070
36.86.080
Standard width of right-of-way prescribed.
Minimum standards of construction.
Amendment of standards—Filing.
Uniform standard for signs, signals, guideposts—Railroad
grade crossings.
Monuments at government survey corners.
Restrictions on use of oil at intersections or entrances to
county roads.
Classification of roads in accordance with designations under
federal functional classification system.
Application of design standards to construction and reconstruction.
[Title 36 RCW—page 267]
36.86.010
36.86.090
36.86.100
Title 36 RCW: Counties
Logs dumped on right-of-way—Removal—Confiscation.
Railroad grade crossings—Obstructions.
36.86.010 Standard width of right-of-way prescribed. From and after April 1, 1937, the width of thirty feet
on each side of the center line of county roads, exclusive of
such additional width as may be required for cuts and fills, is
the necessary and proper right-of-way width for county
roads, unless the board of county commissioners, shall, in
any instance, adopt and designate a different width. This shall
not be construed to require the acquisition of increased rightof-way for any county road already established and the rightof-way for which has been secured. [1963 c 4 § 36.86.010.
Prior: 1937 c 187 § 14; RRS § 6450-14.]
36.86.010
36.86.020 Minimum standards of construction. In
the case of roads, the minimum width between shoulders
shall be fourteen feet with eight feet of surfacing, and in the
case of bridges, which includes all decked structures, the
minimum standard shall be for H-10 loading in accordance
with the standards of the state department of transportation.
When the standards have been prepared by the county road
engineer, they shall be submitted to the county legislative
authority for approval, and when approved shall be used for
all road and bridge construction and improvement in the
county. [1984 c 7 § 38; 1963 c 4 § 36.86.020. Prior: 1943 c
73 § 1, part; 1937 c 187 § 4, part; Rem. Supp. 1943 § 6450-4,
part.]
36.86.020
Additional notes found at www.leg.wa.gov
36.86.030 Amendment of standards—Filing. Road
and bridge standards may be amended from time to time by
resolution of the county legislative authority, but no standard
may be approved by the legislative authority with any minimum requirement less than that specified in this chapter. Two
copies of the approved standards shall be filed with the
department of transportation for its use in examinations of
county road work. [1984 c 7 § 39; 1963 c 4 § 36.86.030.
Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part; Rem. Supp.
1943 § 6450-4, part.]
36.86.050 Monuments at government survey corners. The board and the road engineer, at the time of establishing, constructing, improving, or paving any county road,
shall fix permanent monuments at the original positions of all
United States government monuments at township corners,
section corners, quarter section corners, meander corners,
and witness markers, as originally established by the United
States government survey, whenever any such original monuments or markers fall within the right-of-way of any county
road, and shall aid in the reestablishment of any such corners,
monuments, or markers destroyed or obliterated by the construction of any county road heretofore established, by permitting inspection of the records in the office of the board and
the county engineering office. [1963 c 4 § 36.86.050. Prior:
1937 c 187 § 36; RRS § 6450-36.]
36.86.050
36.86.060 Restrictions on use of oil at intersections or
entrances to county roads. No oil or other material shall be
used in the treatment of any county road or private road or
driveway, of such consistency, viscosity or nature or in such
quantities and in such proximity to the entrance to or intersection with any state highway or county road, the roadway of
which is surfaced with cement concrete or asphaltic concrete,
that such oil or other material is or will be tracked by vehicles
thereby causing a coating or discoloration of such cement
concrete or asphaltic concrete roadway. Any person violating
the provisions of this section shall be guilty of a misdemeanor. [1963 c 4 § 36.86.060. Prior: 1937 c 187 § 43; RRS
§ 6450-43.]
36.86.060
36.86.030
Additional notes found at www.leg.wa.gov
36.86.040 Uniform standard for signs, signals, guideposts—Railroad grade crossings. The county legislative
authority shall erect and maintain upon the county roads such
suitable and proper signs, signals, signboards, and guideposts
and appropriate stop, caution, warning, restrictive, and directional signs and markings as it deems necessary or as may be
required by law. All such markings shall be in accordance
with the uniform state standard of color, design, erection, and
location adopted and designed by the Washington state
department of transportation. In respect to existing and future
railroad grade crossings over county roads the legislative
authority shall install and maintain standard, nonmechanical
railroad approach warning signs on both sides of the railroad
upon the approaches of the county road. All such signs shall
be located a sufficient distance from the crossing to give adequate warning to persons traveling on county roads. [1984 c
7 § 40; 1963 c 4 § 36.86.040. Prior: 1955 c 310 § 1; 1937 c
187 § 37; RRS § 6450-37.]
36.86.040
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 268]
36.86.070 Classification of roads in accordance with
designations under federal functional classification system. From time to time the legislative authority of each
county shall classify and designate as the county primary
road system such county roads as are designated rural minor
collector, rural major collector, rural minor arterial, rural
principal arterial, urban collector, urban minor arterial, and
urban principal arterial in the federal functional classification
system. [1982 c 145 § 2; 1963 c 4 § 36.86.070. Prior: 1949
c 165 § 1; Rem. Supp. 1949 § 6450-8h.]
36.86.070
36.86.080 Application of design standards to construction and reconstruction. Upon the adoption of uniform design standards the legislative authority of each county
shall apply the same to all new construction within, and as far
as practicable and feasible to reconstruction of old roads
comprising, the county primary road system. No deviation
from such design standards as to such primary system may be
made without the approval of the state aid engineer for the
department of transportation. [1982 c 145 § 3; 1963 c 4 §
36.86.080. Prior: 1949 c 165 § 4; Rem. Supp. 1949 § 64508k.]
36.86.080
36.86.090 Logs dumped on right-of-way—
Removal—Confiscation. Logs dumped on any county road
right-of-way or in any county road drainage ditch due to hauling equipment failure, or for any other reason, shall be
removed within ten days. Logs remaining within any county
road right-of-way for a period of thirty days shall be confiscated and removed or disposed of as directed by the boards of
36.86.090
(2010 Ed.)
Roads and Bridges—Vacation
county commissioners in the respective counties. Confiscated
logs may be sold by the county commissioners and the proceeds thereof shall be deposited in the county road fund.
[1963 c 4 § 36.86.090. Prior: 1951 c 143 § 1.]
36.86.100 Railroad grade crossings—Obstructions.
Each railroad company shall keep its right-of-way clear of all
brush and timber in the vicinity of a railroad grade crossing
with a county road for a distance of one hundred feet from the
crossing in such a manner as to permit a person upon the road
to obtain an unobstructed view in both directions of an
approaching train. The county legislative authority shall
cause brush and timber to be cleared from the right-of-way of
county roads in the proximity of a railroad grade crossing for
a distance of one hundred feet from the crossing in such a
manner as to permit a person traveling upon the road to
obtain an unobstructed view in both directions of an
approaching train. It is unlawful to erect or maintain a sign,
signboard, or billboard within a distance of one hundred feet
from the point of intersection of the road and railroad grade
crossing located outside the corporate limits of any city or
town unless, after thirty days notice to the Washington utilities and transportation commission and the railroad operating
the crossing, the county legislative authority determines that
it does not obscure the sight distance of a person operating a
vehicle or train approaching the grade crossing.
When a person who has erected or who maintains such a
sign, signboard, or billboard or when a railroad company permits such brush or timber in the vicinity of a railroad grade
crossing with a county road or permits the surface of a grade
crossing to become inconvenient or dangerous for passage
and who has the duty to maintain it, fails, neglects, or refuses
to remove or cause to be removed such brush, timber, sign,
signboard, or billboard, or maintain the surface of the crossing, the utilities and transportation commission upon complaint of the county legislative authority or upon complaint of
any party interested, or upon its own motion, shall enter upon
a hearing in the manner now provided for hearings with
respect to railroad-highway grade crossings, and make and
enforce proper orders for the removal of the brush, timber,
sign, signboard or billboard, or maintenance of the crossing.
Nothing in this section prevents the posting or maintaining
thereon of highway or road signs or traffic devices giving
directions or distances for the information of the public when
the signs conform to the "Manual for Uniform Traffic Control Devices" issued by the state department of transportation.
The county legislative authority shall inspect highway grade
crossings and make complaint of the violation of any provisions of this section. [1983 c 19 § 1; 1963 c 4 § 36.86.100.
Prior: 1955 c 310 § 6.]
36.87.060
36.87.070
36.87.080
36.87.090
36.87.100
36.87.110
36.86.100
Railroad crossings, obstructions: RCW 47.32.140.
Chapter 36.87
Chapter 36.87 RCW
ROADS AND BRIDGES—VACATION
Sections
36.87.010
36.87.020
36.87.030
36.87.040
36.87.050
(2010 Ed.)
Resolution of intention to vacate.
County road frontage owners’ petition—Bond, cash deposit,
or fee.
County road frontage owners’ petition—Action on petition.
Engineer’s report.
Notice of hearing on report.
36.87.120
36.87.130
36.87.140
36.87.900
36.87.040
Hearing.
Expense of proceeding.
Majority vote required.
Vacation of road unopened for five years—Exceptions.
Classification of roads for which public expenditures made—
Compensation of county.
Classification of roads for which no public expenditures
made—Compensation of county.
Appraised value as basis for compensation—Appraisal costs.
Vacation of roads abutting bodies of water prohibited unless
for public purposes or industrial use.
Retention of easement for public utilities and services.
Severability—1969 ex.s. c 185.
36.87.010 Resolution of intention to vacate. When a
county road or any part thereof is considered useless, the
board by resolution entered upon its minutes, may declare its
intention to vacate and abandon the same or any portion
thereof and shall direct the county road engineer to report
upon such vacation and abandonment. [1969 ex.s. c 185 § 1;
1963 c 4 § 36.87.010. Prior: 1937 c 187 § 48; RRS § 645048.]
36.87.010
36.87.020 County road frontage owners’ petition—
Bond, cash deposit, or fee. Owners of the majority of the
frontage on any county road or portion thereof may petition
the county legislative authority to vacate and abandon the
same or any portion thereof. The petition must show the land
owned by each petitioner and set forth that such county road
is useless as part of the county road system and that the public
will be benefited by its vacation and abandonment. The legislative authority may (1) require the petitioners to make an
appropriate cash deposit or furnish an appropriate bond
against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall
be charged; or (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and
expenses. [1991 c 363 § 89; 1985 c 369 § 4; 1963 c 4 §
36.87.020. Prior: 1937 c 187 § 49, part; RRS § 6450-49,
part.]
36.87.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.87.030 County road frontage owners’ petition—
Action on petition. On the filing of the petition and bond
and on being satisfied that the petition has been signed by
petitioners residing in the vicinity of the county road or portion thereof, the board shall direct the county road engineer to
report upon such vacation and abandonment. [1963 c 4 §
36.87.030. Prior: 1937 c 187 § 49, part; RRS § 6450-49,
part.]
36.87.030
36.87.040 Engineer’s report. When directed by the
board the county road engineer shall examine any county
road or portion thereof proposed to be vacated and abandoned
and report his or her opinion as to whether the county road
should be vacated and abandoned, whether the same is in use
or has been in use, the condition of the road, whether it will
be advisable to preserve it for the county road system in the
future, whether the public will be benefited by the vacation
and abandonment, and all other facts, matters, and things
which will be of importance to the board, and also file his or
her cost bill. [2009 c 549 § 4139; 1963 c 4 § 36.87.040.
Prior: 1937 c 187 § 50; RRS § 6450-50.]
36.87.040
[Title 36 RCW—page 269]
36.87.050
Title 36 RCW: Counties
36.87.050 Notice of hearing on report. Notice of hearing upon the report for vacation and abandonment of a county
road shall be published at least once a week for two consecutive weeks preceding the date fixed for the hearing, in the
county official newspaper and a copy of the notice shall be
posted for at least twenty days preceding the date fixed for
hearing at each termini of the county road or portion thereof
proposed to be vacated or abandoned. [1963 c 4 § 36.87.050.
Prior: 1937 c 187 § 51, part; RRS § 6450-51, part.]
36.87.050
36.87.060 Hearing. (1) On the day fixed for the hearing, the county legislative authority shall proceed to consider
the report of the engineer, together with any evidence for or
objection against such vacation and abandonment. If the
county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public
will be benefited by the vacation, the county legislative
authority may vacate the road or any portion thereof. Its decision shall be entered in the minutes of the hearing.
(2) As an alternative, the county legislative authority
may appoint a hearing officer to conduct a public hearing to
consider the report of the engineer and to take testimony and
evidence relating to the proposed vacation. Following the
hearing, the hearing officer shall prepare a record of the proceedings and a recommendation to the county legislative
authority concerning the proposed vacation. Their decision
shall be made at a regular or special public meeting of the
county legislative authority. [1985 c 369 § 5; 1963 c 4 §
36.87.060. Prior: 1937 c 187 § 51, part; RRS § 6450-51,
part.]
36.87.060
36.87.070 Expense of proceeding. If the county legislative authority has required the petitioners to make a cash
deposit or furnish a bond, upon completion of the hearing, it
shall certify all costs and expenses incurred in the proceedings to the county treasurer and, regardless of its final decision, the county legislative authority shall recover all such
costs and expenses from the bond or cash deposit and release
any balance to the petitioners. [1985 c 369 § 6; 1963 c 4 §
36.87.070. Prior: 1937 c 187 § 51, part; RRS § 6450-51,
part.]
36.87.070
36.87.080 Majority vote required. No county road
shall be vacated and abandoned except by majority vote of
the board properly entered, or by operation of law, or judgment of a court of competent jurisdiction. [1969 ex.s. c 185
§ 2; 1963 c 4 § 36.87.080. Prior: 1937 c 187 § 51, part; RRS
§ 6450-51, part.]
36.87.080
36.87.090 Vacation of road unopened for five years—
Exceptions. Any county road, or part thereof, which remains
unopen for public use for a period of five years after the order
is made or authority granted for opening it, shall be thereby
vacated, and the authority for building it barred by lapse of
time: PROVIDED, That this section shall not apply to any
highway, road, street, alley, or other public place dedicated as
such in any plat, whether the land included in such plat is
within or without the limits of an incorporated city or town,
or to any land conveyed by deed to the state or to any county,
city or town for highways, roads, streets, alleys, or other pub36.87.090
[Title 36 RCW—page 270]
lic places. [1963 c 4 § 36.87.090. Prior: 1937 c 187 § 52;
RRS § 6450-52.]
36.87.100 Classification of roads for which public
expenditures made—Compensation of county. Any board
of county commissioners may, by ordinance, classify all
county roads for which public expenditures were made in the
acquisition, improvement or maintenance of the same,
according to the type and amount of expenditures made and
the nature of the county’s property interest in the road; and
may require persons benefiting from the vacation of county
roads within some or all of the said classes to compensate the
county as a condition precedent to the vacation thereof.
[1969 ex.s. c 185 § 4.]
36.87.100
36.87.110 Classification of roads for which no public
expenditures made—Compensation of county. Any board
of county commissioners may, by ordinance, separately classify county roads for which no public expenditures have been
made in the acquisition, improvement or maintenance of the
same, according to the nature of the county’s property interest in the road; and may require persons benefiting from the
vacation of county roads within some or all of the said classes
to compensate the county as a condition precedent to the
vacation thereof. [1969 ex.s. c 185 § 5.]
36.87.110
36.87.120 Appraised value as basis for compensation—Appraisal costs. Any ordinance adopted pursuant to
this chapter may require that compensation for the vacation
of county roads within particular classes shall equal all or a
percentage of the appraised value of the vacated road as of
the effective date of the vacation. Costs of county appraisals
of roads pursuant to such ordinances shall be deemed
expenses incurred in vacation proceedings, and shall be paid
in the manner provided by RCW 36.87.070. [1969 ex.s. c
185 § 6.]
36.87.120
36.87.130 Vacation of roads abutting bodies of water
prohibited unless for public purposes or industrial use.
No county shall vacate a county road or part thereof which
abuts on a body of salt or fresh water unless the purpose of
the vacation is to enable any public authority to acquire the
vacated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or
other public purposes, or unless the property is zoned for
industrial uses. [1969 ex.s. c 185 § 7.]
36.87.130
36.87.140 Retention of easement for public utilities
and services. Whenever a county road or any portion thereof
is vacated the legislative body may include in the resolution
authorizing the vacation a provision that the county retain an
easement in respect to the vacated land for the construction,
repair, and maintenance of public utilities and services which
at the time the resolution is adopted are authorized or are
physically located on a portion of the land being vacated:
PROVIDED, That the legislative body shall not convey such
easement to any public utility or other entity or person but
may convey a permit or franchise to a public utility to effectuate the intent of this section. The term "public utility" as
used in this section shall include utilities owned, operated, or
36.87.140
(2010 Ed.)
County Road Improvement Districts
maintained by every gas company, electrical company, telephone company, telegraph company, and water company
whether or not such company is privately owned or owned by
a governmental entity. [1975 c 22 § 1.]
36.87.900 Severability—1969 ex.s. c 185. If any provision of this act, or its application to any person, property or
road is held invalid, the validity of the remainder of the act, or
the application of the provision to other persons, property or
roads shall not be affected. [1969 ex.s. c 185 § 8.]
36.88.320
36.88.330
36.88.340
36.88.350
36.88.360
36.87.900
Chapter 36.88 RCW
COUNTY ROAD IMPROVEMENT DISTRICTS
36.88.370
36.88.375
36.88.380
36.88.390
36.88.400
Chapter 36.88
Sections
36.88.010
36.88.015
36.88.020
36.88.030
36.88.035
36.88.040
36.88.050
36.88.060
36.88.062
36.88.065
36.88.070
36.88.072
36.88.074
36.88.076
36.88.078
36.88.080
36.88.085
36.88.090
36.88.095
36.88.100
36.88.110
36.88.120
36.88.130
36.88.140
36.88.145
36.88.150
36.88.160
36.88.170
36.88.180
36.88.190
36.88.200
36.88.210
36.88.220
36.88.230
36.88.235
36.88.240
36.88.250
36.88.260
36.88.270
36.88.280
36.88.290
36.88.295
36.88.300
36.88.305
36.88.310
(2010 Ed.)
36.88.410
36.88.420
Districts authorized—Purposes.
Additional purposes.
Formation of district—How initiated.
Formation of district—By resolution of intention—Procedure.
Notice must contain statement that assessments may vary from
estimates.
Formation of district—By resolution of intention—Election—
Rules.
Formation of district—By petition—Procedure.
Formation of district—Hearing—Resolution creating district.
Formation of district—Committee or hearing officer may conduct hearings—Report to legislative authority.
Formation of district—Alternative method.
Diagram only preliminary determination.
Waivers of protest—Recording—Limits on enforceability.
Preformation expenditures.
Credits for other assessments.
Assessment reimbursement accounts.
Property included in district—Method of assessment—
Assessment limited by benefit.
Exemption of farm and agricultural land from special benefit
assessments.
Assessment roll—Hearing—Notice—Objections—New hearing.
Assessment role—Committee or officer may conduct hearing—Recommendations to legislative authority—Appeals.
Appeal—Reassessment.
Assessment roll—Conclusive.
Assessment is lien on property—Superiority.
County treasurer—Duties.
Payment of assessment—Delinquent assessments—Penalties—Lien foreclosure.
Property donations—Credit against assessments.
Payment of assessment—Record of.
District fund—Purposes—Bond redemptions.
Foreclosed property—Held in trust for district.
Foreclosed property—Sale or lease—Disposition of proceeds.
Improvement bonds, warrants authorized.
Improvement bonds—Form, contents, execution.
Improvement bonds—Issuance—Sale—Deposit of proceeds.
Improvement bonds—Guaranty fund.
Improvement bonds—Guaranty fund in certain counties—
Operation.
Improvement bonds—Guaranty fund assets may be transferred to county general fund—When.
Improvement bonds—Repayment restricted to special funds—
Remedies of bond owner—Notice of restrictions.
Improvement bonds—Remedies of bond owners—Enforcement.
Assessment where bonds issued—Payment in installments.
Assessment where bonds issued—Payment in cash—Notice of
assessment.
Assessment where bonds issued—Payment in cash during
installment period—Duties of county treasurer—Use of
funds.
Limitation of actions.
Refunding bonds—Limitations.
District costs and expenses—What to include.
District costs and expenses—Credit or reduction of assessments.
Acquisition of property—Eminent domain.
36.88.430
36.88.440
36.88.450
36.88.460
36.88.470
36.88.480
36.88.485
36.88.900
36.88.010
Construction or improvement—Supervision—Contracts—
Standards.
Warrants—Issuance—Priority—Acceptance.
Participation of county road fund—Arrangements with other
public agencies, private utilities.
Maintenance—Expense.
State, county, school, municipal corporation lands—Assessment—Recipients of notices, ballots.
Signatures on petitions, ballots, objections—Determining sufficiency.
Consolidated road improvement districts—Establishment—
Bonds.
Safeguarding open canals or ditches—Assessments and benefits.
Safeguarding open canals or ditches—Authority.
Safeguarding open canals or ditches—Installation and construction—Costs.
Underground electric and communication facilities, installation or conversion to—Declaration of public interest and
purpose.
Underground electric and communication facilities, installation or conversion to—Definitions.
Underground electric and communication facilities, installation or conversion to—Powers of county relating to—Contracts—County road improvement districts—Special assessments.
Underground electric and communication facilities, installation or conversion to—Contracts with electric and communication utilities—Authorized—Provisions.
Underground electric and communication facilities, installation or conversion to—Notice to owners to convert service
lines to underground—Objections—Hearing—Time limitation for conversion.
Underground electric and communication facilities, installation or conversion to—Utility conversion guaranty fund—
Establishment authorized—Purpose—Deposits—Investments.
Underground electric and communication facilities, installation or conversion to—Utility conversion guaranty fund—
Operation.
Underground electric and communication facilities, installation or conversion to—Applicability of general provisions
relating to county road improvement districts.
Underground electric and communication facilities, installation or conversion to—Recording of underground utility
installations.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Assessments and charges against state lands: Chapter 79.44 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
36.88.010 Districts authorized—Purposes. All counties have the power to create county road improvement districts for the acquisition of rights-of-way and improvement of
county roads, existing private roads that will become county
roads as a result of this improvement district process and,
with the approval of the state department of transportation,
state highways; for the construction or improvement of necessary drainage facilities, bulkheads, retaining walls, and
other appurtenances therefor, bridges, culverts, sidewalks,
curbs and gutters, escalators, or moving sidewalks; and for
the draining or filling of drainage potholes or swamps. Such
counties have the power to levy and collect special assessments against the real property specially benefited thereby
for the purpose of paying the whole or any part of the cost of
such acquisition of rights-of-way, construction, or improvement. [1985 c 400 § 3; 1985 c 369 § 7; 1965 c 60 § 1; 1963 c
84 § 1; 1963 c 4 § 36.88.010. Prior: 1959 c 134 § 1; 1951 c
192 § 1.]
36.88.010
Reviser’s note: This section was amended by 1985 c 369 § 7 and by
1985 c 400 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
[Title 36 RCW—page 271]
36.88.015
Title 36 RCW: Counties
County may fund improvements to state highways: RCW 36.75.035.
36.88.015 Additional purposes. All counties have the
power to create county road improvement districts for the
construction, installation, improvement, operation, and maintenance of street and road lighting systems for any county
roads, and subject to the approval of the state department of
transportation, for state highways, and for safeguards to protect the public from hazards of open canals, flumes, or
ditches, and the counties have the power to levy and collect
special assessments against the real property specially benefited thereby for the purpose of paying the whole or any part
of the cost of the construction, installation, or improvement
together with the expense of furnishing electric energy, maintenance, and operation. [1984 c 7 § 41; 1965 c 60 § 2; 1963
c 84 § 2; 1963 c 4 § 36.88.015. Prior: 1959 c 75 § 4; 1953 c
152 § 1.]
36.88.015
Additional notes found at www.leg.wa.gov
36.88.020 Formation of district—How initiated.
County road improvement districts may be initiated either by
resolution of the board of county commissioners or by petition signed by the owners according to the records of the
office of the county auditor of property to an aggregate
amount of the majority of the lineal frontage upon the contemplated improvement and of the area within the limits of
the county road improvement district to be created therefor.
[1963 c 4 § 36.88.020. Prior: 1951 c 192 § 2.]
36.88.020
36.88.030 Formation of district—By resolution of
intention—Procedure. In case the board of county commissioners shall desire to initiate the formation of a county road
improvement district by resolution, it shall first pass a resolution declaring its intention to order such improvement, setting
forth the nature and territorial extent of such proposed
improvement, designating the number of the proposed road
improvement district and describing the boundaries thereof,
stating the estimated cost and expense of the improvement
and the proportionate amount thereof which will be borne by
the property within the proposed district, notifying the owners of property therein to appear at a meeting of the board at
the time specified in such resolution, and directing the county
road engineer to submit to the board at or prior to the date
fixed for such hearing a diagram or print showing thereon the
lots, tracts and parcels of land and other property which will
be specially benefited thereby and the estimated amount of
the cost and expense of such improvement to be borne by
each lot, tract or parcel of land or other property, and also
designating thereon all property which is being purchased
under contract from the county. The resolution of intention
shall be published in at least two consecutive issues of a
newspaper of general circulation in such county, the date of
the first publication to be at least fifteen days prior to the date
fixed by such resolution for hearing before the board of
county commissioners.
Notice of the adoption of the resolution of intention shall
be given each owner or reputed owner of any lot, tract or parcel of land or other property within the proposed improvement district by mailing said notice to the owner or reputed
owner of the property as shown on the tax rolls of the county
36.88.030
[Title 36 RCW—page 272]
treasurer at the address shown thereon at least fifteen days
before the date fixed for the public hearing. The notice shall
refer to the resolution of intention and designate the proposed
improvement district by number. Said notice shall also set
forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, the estimated amount of the cost and expense of such
improvement to be borne by the particular lot, tract or parcel,
the date and place of the hearing before the board of county
commissioners, and shall contain the directions hereinafter
provided for voting upon the formation of the proposed
improvement district.
The clerk of the board shall prepare and mail, together
with the notice above referred to, a ballot for each owner or
reputed owner of any lot, tract or parcel of land within the
proposed improvement district. This ballot shall contain the
following proposition:
"Shall . . . . . . county road improvement district No. . . . . be formed?
Yes . . . . . . . . . . . . . . . . . . . . . . . . . .
No. . . . . . . . . . . . . . . . . . . . . . . . . . .
"
and, in addition, shall contain appropriate spaces for the signatures of the property owners, and a description of their
property, and shall have printed thereon the direction that all
ballots must be signed to be valid and must be returned to the
clerk of the board of county commissioners not later than five
o’clock p.m. of a day which shall be one week after the date
of the public hearing.
The notice of adoption of the resolution of intention shall
also contain the above directions, and, in addition thereto,
shall state the rules by which the election shall be governed.
[1970 ex.s. c 66 § 2; 1963 c 84 § 3; 1963 c 4 § 36.88.030.
Prior: 1951 c 192 § 3.]
36.88.035
36.88.035 Notice must contain statement that assessments may vary from estimates. Any notice given to the
public or to the owners of specific lots, tracts, or parcels of
land relating to the formation of a county road improvement
district shall contain a statement that actual assessments may
vary from assessment estimates so long as they do not exceed
a figure equal to the increased true and fair value the
improvement adds to the property. [1989 c 243 § 5.]
36.88.040
36.88.040 Formation of district—By resolution of
intention—Election—Rules. The election provided herein
for cases where the improvement is initiated by resolution
shall be governed by the following rules: (1) All ballots must
be signed by the owner or reputed owner of property within
the proposed district according to the records of the county
auditor; (2) each ballot must be returned to the clerk of the
board not later than one week after the public hearing; (3)
each property owner shall have one vote for each full dollar
of estimated assessment against his or her property as determined by the preliminary estimates and assessment roll; (4)
the valid ballots shall be tabulated and a majority of the votes
cast shall determine whether the formation of the district
shall be approved or rejected. [2009 c 549 § 4140; 1963 c 4
§ 36.88.040. Prior: 1951 c 192 § 4.]
(2010 Ed.)
County Road Improvement Districts
36.88.050 Formation of district—By petition—Procedure. In case any such road improvement shall be initiated
by petition, such petition shall set forth the nature and territorial extent of such proposed improvement, and the fact that
the signers thereof are the owners, according to the records of
the county auditor of property to an aggregate amount of a
majority of the lineal frontage upon the improvement to be
made and of the area within the limits of the assessment district to be created therefor.
Upon the filing of such petition the board shall determine
whether the same shall be sufficient and whether the property
within the proposed district shall be sufficiently developed
and if the board shall find the district to be sufficiently developed and the petition to be sufficient, it shall proceed to adopt
a resolution setting forth the nature and territorial extent of
the improvement petitioned for, designating the number of
the proposed improvement district and describing the boundaries thereof, stating the estimated cost and expense of the
improvement and the proportionate amount thereof which
will be borne by the property within the proposed district,
notifying the owners of property therein to appear at a meeting of the board at the time specified in such resolution, and
directing the county road engineer to submit to the board at or
prior to the date fixed for such hearing a diagram or print
showing thereon the lots, tracts and parcels of land and other
property which will be specially benefited thereby and the
estimated amount of the cost and expense of such improvement to be borne by each lot, tract or parcel of land or other
property, and also designating thereon all property which is
being purchased under contract from the county. The resolution of intention shall be published in at least two consecutive
issues of a newspaper of general circulation in such county,
the date of the first publication to be at least fifteen days prior
to the date fixed by such resolution for hearing before the
board of county commissioners.
Notice of the adoption of the resolution of intention shall
be given each owner or reputed owner of any lot, tract or parcel of land or other property within the proposed improvement district by mailing said notice to the owner or reputed
owner of the property as shown on the tax rolls of the county
treasurer at the address shown thereon at least fifteen days
before the date fixed for the public hearing. The notice shall
refer to the resolution of intention and designate the proposed
improvement district by number. Said notice shall also set
forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, the estimated amount of the cost and expense of such
improvement to be borne by the particular lot, tract or parcel,
the date and place of the hearing before the board of county
commissioners, and the fact that property owners may withdraw their names from the petition or add their names thereto
at any time prior to five o’clock p.m. of the day before the
hearing. [1963 c 4 § 36.88.050. Prior: 1951 c 192 § 5.]
36.88.050
36.88.060 Formation of district—Hearing—Resolution creating district. Whether the improvement is initiated
by petition or resolution the board shall conduct a public
hearing at the time and place designated in the notice to property owners. At this hearing, the board may make such
changes in the boundaries of the district or such modifications in the plans for the proposed improvement as shall be
36.88.060
(2010 Ed.)
36.88.062
deemed necessary: PROVIDED, That the board may neither
so alter the improvement as to increase the estimated cost by
an amount greater than ten percent above that stated in the
notice, nor increase the proportionate share of the cost to be
borne by assessments from the proportion stated in the notice,
nor change the boundaries of the district to include property
not previously included therein without first passing a new
resolution of intention and giving a new notice to property
owners, in the manner and form and within the time herein
provided for the original notice.
At said hearing, the board shall select the method of
assessment, ascertain whether the plan of improvement or
construction is feasible and whether the benefits to be derived
therefrom by the property within the proposed district,
together with the amount of any county road fund participation, exceed the costs and expense of the formation of the
proposed district and the contemplated construction or
improvement and shall make a written finding thereon. In
case the proceedings have been initiated by petition, the
board shall find whether the petition including all additions
thereto or withdrawals therefrom made prior to five o’clock
p.m. of the day before the hearing is sufficient within the
boundaries of the district so established at said hearing by the
board. If said petition shall be found insufficient the board
shall by resolution declare the proceedings terminated. In
case the proceedings have been initiated by resolution if the
board shall find the improvement to be feasible, it shall continue the hearing until a day not more than fifteen days after
the date for returning ballots for the purpose of determining
the results of said balloting.
After the hearing the board may proceed to adopt a resolution creating the district and ordering the improvement.
Such resolution shall establish such district as the ". . . . . .
county road improvement district No. . . . ." Such resolution
shall describe the nature and territorial extent of the improvement to be made and the boundaries of the improvement district, shall describe the method of assessment to be used, shall
declare the estimated cost and the proportion thereof to be
borne by assessments, and shall contain a finding as to the
result of the balloting by property owners in case the
improvement shall have been initiated by resolution.
Upon the adoption of the resolution establishing the district, the board shall have jurisdiction to proceed with the
improvement. The board’s findings on the sufficiency of petitions or on the results of the balloting shall be conclusive
upon all persons. [1963 c 84 § 4; 1963 c 4 § 36.88.060. Prior:
1951 c 192 § 6.]
36.88.062
36.88.062 Formation of district—Committee or
hearing officer may conduct hearings—Report to legislative authority. In lieu of the county legislative authority
holding the hearing under RCW 36.88.060 to create the road
improvement district, the county legislative authority may
adopt an ordinance providing for a committee of the county
legislative authority or an officer to conduct the hearings. The
committee or hearing officer shall report recommendations
on the resolution to the full county legislative authority for
final action, which need not hold a hearing on the proposed
assessment role and shall either adopt or reject the recommendations. [1994 c 71 § 3.]
[Title 36 RCW—page 273]
36.88.065
Title 36 RCW: Counties
36.88.065 Formation of district—Alternative
method. If the county legislative authority desires to initiate
the formation of a county road improvement district by resolution, it may elect to follow either the procedure set forth in
chapter 35.43 RCW or the procedure set forth in RCW
36.88.030, and shall indicate the procedure selected in the
resolution of intention. [1985 c 369 § 10.]
36.88.065
36.88.070 Diagram only preliminary determination.
The diagram or print herein directed to be submitted to the
board shall be in the nature of a preliminary determination
upon the method, and estimated amounts, of assessments to
be levied upon the property specially benefited by such
improvement and shall in no case be construed as being binding or conclusive as to the amount of any assessments which
may ultimately be levied. [1963 c 4 § 36.88.070. Prior: 1951
c 192 § 7.]
36.88.070
36.88.072 Waivers of protest—Recording—Limits
on enforceability. If an owner of property enters into an
agreement with a county waiving the property owner’s right
under RCW 36.88.030, 36.88.040, 36.88.050, 36.88.060, and
36.88.065 to protest formation of a road improvement district, the agreement must specify the improvements to be
financed by the district and shall set forth the effective term
of the agreement, which shall not exceed ten years. The
agreement must be recorded with the auditor of the county in
which the property is located. It is against public policy and
void for an owner, by agreement, as a condition imposed in
connection with proposed property development, or otherwise, to waive rights to object to the property owner’s individual assessment (including the determination of special
benefits allocable to the property), or to appeal to the superior
court the decision of the county council affirming the final
assessment roll. [1988 c 179 § 12.]
36.88.072
Additional notes found at www.leg.wa.gov
36.88.074 Preformation expenditures. The county
engineer or other designated official may contract with owners of real property to provide for payment by the owners of
the cost of the preparation of engineering plans, surveys,
studies, appraisals, legal services, and other expenses associated with improvements to be financed in whole or in part by
a local improvement district (not including the cost of actual
construction of such improvements), that the owners elect to
undertake. The contract may provide for reimbursement to
the owner of such costs from the proceeds of bonds issued by
the district after formation of a district under this chapter,
from assessments paid to the district as appropriate, or by a
credit in the amount of such costs against future assessments
assessed against such property. Such reimbursement shall be
made to the owner of the property at the time of reimbursement. The contract shall also provide that such costs shall not
be reimbursed to the owner if a district to construct the specified improvements (as the project may be amended) is not
formed within six years of the date of the contract. The contract shall provide that any preformation work shall be conducted only under the direction of the county engineer or
other appropriate county authority. [1988 c 179 § 13.]
36.88.074
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 274]
36.88.076
36.88.076 Credits for other assessments. A county
ordering a road improvement upon which special assessments on property specifically benefited by the improvements are levied and collected, may provide as part of the
ordinance creating the road improvement district that moneys
paid or the cost of facilities constructed by a property owner
in the district in satisfaction of obligations under chapter
39.92 RCW, shall be credited against assessments due from
the owner of such property at the time the credit is made, if
those moneys paid or facilities constructed directly defray the
cost of the specified improvements under the district and if
credit for such amounts is reflected in the final assessment
roll confirmed for the district. [1988 c 179 § 14.]
Additional notes found at www.leg.wa.gov
36.88.078
36.88.078 Assessment reimbursement accounts. A
county ordering a road improvement upon which special
assessments on property specifically benefited by the
improvement are levied and collected, may provide as part of
the ordinance creating the road improvement district that the
payment of an assessment levied for the district on underdeveloped properties may be made by owners of other properties within the district if they so elect, subject to terms of
reimbursement set forth in the ordinance. The terms for reimbursement shall require the owners of underdeveloped properties on whose behalf payments of assessments have been
made to reimburse all such assessment payments to the party
who made them when those properties are developed or redeveloped, together with interest at a rate specified in the ordinance. The ordinance may provide that reimbursement shall
be made on a one-time, lump sum basis, or may provide that
reimbursement shall be made over a period not to exceed five
years. The ordinance may provide that reimbursement shall
be made no later than the time of dissolution of the district, or
may provide that no reimbursement is due if the underdeveloped properties are not developed or redeveloped before the
dissolution of the district. Reimbursement amounts due from
underdeveloped properties under this section are liens upon
the underdeveloped properties in the same manner and with
like effect as assessments made under this chapter. For the
purposes of this section, "underdeveloped properties" may
include those properties that, in the discretion of the county
legislative authority, (1) are undeveloped or are not developed to their highest and best use, and (2) are likely to be
developed or redeveloped before the dissolution of the district. [1988 c 179 § 15.]
Additional notes found at www.leg.wa.gov
36.88.080
36.88.080 Property included in district—Method of
assessment—Assessment limited by benefit. Every resolution ordering any improvement mentioned in this chapter,
payment for which shall be in whole or in part by special
assessments shall establish a road improvement district
which shall embrace as near as may be all the property specially benefited by such improvement and the board shall
apply thereto such method of assessment as shall be deemed
most practical and equitable under the conditions prevailing:
PROVIDED, That no assessment as determined by the board
of commissioners shall be levied which shall be greater than
(2010 Ed.)
County Road Improvement Districts
the special benefits derived from the improvements. [1963 c
84 § 5; 1963 c 4 § 36.88.080. Prior: 1951 c 192 § 8.]
36.88.085 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
36.88.085
36.88.090 Assessment roll—Hearing—Notice—
Objections—New hearing. Whenever the assessment roll
for any county road improvement district has been prepared,
such roll shall be filed with the clerk of the county legislative
authority. The county legislative authority shall thereupon by
resolution set the date for hearing upon such roll before a
board of equalization and direct the clerk to give notice of
such hearing and the time and place thereof.
Such notice shall specify such time and place of hearing
on such roll and shall notify all persons who may desire to
object thereto to make such objection in writing and to file
the same with the clerk of the county legislative authority at
or prior to the date fixed for such hearing; and that at the time
and place fixed and at such other times as the hearing may be
continued to, the county legislative authority will sit as a
board of equalization for the purpose of considering such roll
and at such hearing will consider such objections made
thereto, or any part thereof, and will correct, revise, raise,
lower, change, or modify such roll or any part thereof, or set
aside such roll in order that such assessment be made de novo
as to such body shall appear just and equitable and then proceed to confirm the same by resolution.
Notice of the time and place of hearing under such
assessment roll shall be given to the owner or reputed owner
of the property whose name appears thereon, by mailing a
notice thereof at least fifteen days before the date fixed for
the hearing to such owner or reputed owner at the address of
such owner as shown on the tax rolls of the county treasurer;
and in addition thereto such notice shall be published at least
two times in a newspaper of general circulation in the county.
At least fifteen days must elapse between the date of the first
publication of the notice and the date fixed for such hearing.
However, mosquito control districts are only required to give
notice by publication.
The board of equalization, at the time fixed for hearing
objections to the confirmation of the roll, or at such time or
times as the hearing may be adjourned to, has power to correct, revise, raise, lower, change, or modify the roll or any
part thereof, and to set aside the roll in order that the assessment be made de novo as to the board appears equitable and
just, and then shall confirm the same by resolution. All objections shall be in writing and filed with the board and shall
state clearly the grounds objected to, and objections not made
within the time and in the manner described in this section
shall be conclusively presumed to have been waived.
Whenever any such roll is amended so as to raise any
assessments appearing thereon, or to include property subject
to assessment which has been omitted from the assessment
roll for any reason, a new hearing, and a new notice of hearing upon such roll, as amended, shall be given as in the case
of an original hearing. At the conclusion of such hearing the
board may confirm the same or any portion thereof by resolution and certify the same to the treasurer for collection.
36.88.110
Whenever any property has been entered originally on such
roll, and the assessment upon such property shall not be
raised, no objections to it may be considered by the board or
by any court on appeal, unless such objections are made in
writing at or prior to the date fixed for the original hearing
upon such roll. [1985 c 369 § 8; 1972 ex.s. c 62 § 1; 1963 c
4 § 36.88.090. Prior: 1951 c 192 § 9.]
36.88.090
(2010 Ed.)
36.88.095 Assessment roll—Committee or officer
may conduct hearing—Recommendations to legislative
authority—Appeals. In lieu of the county legislative
authority holding the hearing on assessment roll under RCW
36.88.090 as the board of equalization, the county legislative
authority may adopt an ordinance providing for a committee
of the county legislative authority or an officer to conduct the
hearing on the assessment roll as the board of equalization.
A committee or an officer that sits as a board of adjustment [equalization] shall conduct a hearing on the proposed
assessment roll and shall make recommendations to the full
county legislative authority, which need not hold a hearing on
the proposed assessment roll and shall either adopt or reject
the recommendations. The ordinance shall provide for an
appeal procedure by which a property owner may protest his
or her assessment that is proposed by the committee or officer
to the full county legislative authority and the full county legislative authority may reject or accept any appealed protested
assessment and if accepted shall modify the assessment roll
accordingly. [1994 c 71 § 4.]
36.88.095
36.88.100 Appeal—Reassessment. The decision of the
board upon any objections made within the time and in the
manner herein prescribed may be reviewed by the superior
court upon an appeal taken thereto in the manner provided for
taking appeals from objections in local improvement districts
of cities and towns.
The board shall have the same powers of reassessment
and shall proceed to make such reassessments in the same
manner and subject to the same limitations as are provided by
law for the making of reassessments in local improvement
districts of cities and towns. [1963 c 4 § 36.88.100. Prior:
1951 c 192 § 10.]
36.88.100
36.88.110 Assessment roll—Conclusive. Whenever
any assessment roll for construction or improvements shall
have been confirmed by the board, as provided in this chapter, the regularity, validity and correctness of the proceedings
relating to such construction or improvement and to the
assessment therefor, including the action of the board on such
assessment roll and the confirmation thereof, shall be conclusive in all things upon all parties and cannot in any manner be
contested or questioned in any proceeding whatsoever by any
person not filing written objection to such roll in the manner
and within the time provided in this chapter, and not appealing from the action of the board in confirming such assessment roll in the manner and within the time provided in this
chapter. No proceedings of any kind shall be commenced or
prosecuted for the purpose of defeating or contesting any
such assessment or for the sale of any property to pay such
assessment or any certificate of delinquency issued therefor
or the foreclosure of any lien issued therefor, but this section
36.88.110
[Title 36 RCW—page 275]
36.88.120
Title 36 RCW: Counties
shall not be construed as prohibiting the bringing of injunction proceedings to prevent the sale of any real estate upon
the grounds that the property about to be sold does not appear
upon the assessment roll, or that the assessment has been
paid. [1963 c 4 § 36.88.110. Prior: 1951 c 192 § 11.]
36.88.120
36.88.120 Assessment is lien on property—Superiority. The charge on the respective lots, tracts, parcels of land
and other property for the purpose of special assessment to
pay the cost and expense in whole or in part of any construction or improvement authorized in this chapter, when
assessed, and the assessment roll confirmed by the board
shall be a lien upon the property assessed from the time said
assessment rolls shall be placed in the hands of the county
treasurer for collection. Said liens shall be paramount and
superior to any other lien or encumbrance whatsoever, theretofore or thereafter created, except a lien for general taxes.
[1963 c 4 § 36.88.120. Prior: 1951 c 192 § 12.]
36.88.130
36.88.130 County treasurer—Duties. The county
treasurer is hereby designated as the treasurer of all county
road improvement districts created hereunder, and shall collect all road improvement district assessments, and the duties
and responsibilities herein imposed upon him or her shall be
among the duties and responsibilities of his or her office for
which his or her bond is given as county treasurer. [2009 c
549 § 4141; 1963 c 4 § 36.88.130. Prior: 1951 c 192 § 13.]
36.88.140
36.88.140 Payment of assessment—Delinquent
assessments—Penalties—Lien foreclosure. The county
legislative authority shall prescribe by resolution within what
time such assessment or installments thereof shall be paid,
and shall provide for the payment and collection of interest
and the rate of interest to be charged on that portion of any
assessment which remains unpaid over thirty days after such
date. Assessments or installments thereof which are delinquent, shall bear, in addition to such interest, such penalty not
less than five percent as shall be prescribed by resolution.
Interest and penalty shall be included in and shall be a part of
the assessment lien. All liens acquired by the county hereunder shall be foreclosed by the appropriate county officers in
the same manner and subject to the same rights of redemption
provided by law for the foreclosure of liens held by cities or
towns against property in local improvement districts. [1981
c 156 § 11; 1970 ex.s. c 66 § 3; 1963 c 4 § 36.88.140. Prior:
1951 c 192 § 14.]
36.88.150 Payment of assessment—Record of.
Whenever before the sale of any property the amount of any
assessment thereon, with interest, penalty, costs and charges
accrued thereon, shall be paid to the treasurer, he or she shall
thereon mark the same paid with the date of payment thereof
on the assessment roll. [2009 c 549 § 4142; 1963 c 4 §
36.88.150. Prior: 1951 c 192 § 15.]
36.88.150
36.88.160 District fund—Purposes—Bond redemptions. All moneys collected by the treasurer upon any assessments under this chapter shall be kept as a separate fund to be
known as ". . . . . ., county road improvement district No.
. . . . fund." Such funds shall be used for no other purpose
than the payment of costs and expense of construction and
improvement in such district and the payment of interest or
principal of warrants and bonds drawn or issued upon or
against said fund for said purposes. Whenever after payment
of the costs and expenses of the improvement there shall be
available in the local improvement district fund a sum, over
and above the amount necessary to meet the interest payments next accruing on outstanding bonds, sufficient to retire
one or more outstanding bonds the treasurer shall forthwith
call such bond or bonds for redemption as determined in the
bond authorizing ordinance. [2003 c 139 § 3; 1963 c 4 §
36.88.160. Prior: 1951 c 192 § 16.]
36.88.160
Effective date—2003 c 139: See note following RCW 35.45.180.
36.88.170 Foreclosed property—Held in trust for
district. Whenever any property shall be bid in by any
county or be stricken off to any county under and by virtue of
any proceeding for enforcement of the assessment provided
in this chapter said property shall be held in trust by said
county for the fund of the improvement district for the creation of which fund said assessment was levied and for the
collection of which assessment said property was sold: PROVIDED, Such county may at any time after the procuring of
a deed pay in to such fund the amount of the delinquent
assessment for which said property was sold and all accrued
interest and interest to the time of the next call for bonds or
warrants issued against such assessment fund at the rate provided thereon, and thereupon shall take and hold said property discharged of such trust: PROVIDED FURTHER, That
property deeded to any county and which shall become a part
of the trust being exercised by the said county for the benefit
of any local improvement district fund of the said county,
shall be exempt from taxation for general, state, county and
municipal purposes during the period that it is so held. [1963
c 4 § 36.88.170. Prior: 1951 c 192 § 17.]
36.88.170
36.88.145
36.88.145 Property donations—Credit against
assessments. The county legislative authority may give
credit for all or any portion of any property donation against
an assessment, charge, or other required financial contribution for transportation improvements within a county road
improvement district. The credit granted is available against
any assessment, charge, or other required financial contribution for any transportation purpose that uses the donated
property. [1987 c 267 § 11.]
Right-of-way donations: Chapter 47.14 RCW.
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 276]
36.88.180 Foreclosed property—Sale or lease—Disposition of proceeds. Any county may at any time after a
deed is issued to it under and by virtue of any proceeding
mentioned in this chapter, lease or sell or convey any such
property at public or private sale for such price and on such
terms as may be determined by resolution of the board, and
all proceeds resulting from such sale shall ratably belong to
and be paid into the fund of the county road improvement district or districts concerned after first reimbursing any fund or
funds having advanced any money on account of said property. [1963 c 4 § 36.88.180. Prior: 1951 c 192 § 18.]
36.88.180
(2010 Ed.)
County Road Improvement Districts
36.88.190
36.88.190 Improvement bonds, warrants authorized.
(1) The county legislative authority may provide for the payment of the whole or any portion of the cost and expense of
any duly authorized road improvement by bonds and/or warrants of the improvement district which bonds shall be issued
and sold as herein provided, but no bonds shall be issued in
excess of the cost and expense of the project nor shall they be
issued prior to twenty days after the thirty days allowed for
the payment of assessments without penalty or interest.
(2) Notwithstanding subsection (1) of this section, such
bonds and warrants may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 93; 1963 c 4 §
36.88.190. Prior: 1951 c 192 § 19.]
Additional notes found at www.leg.wa.gov
36.88.200
36.88.200 Improvement bonds—Form, contents,
execution. (1) Such bonds shall be numbered from one
upwards consecutively, shall be in such denominations as
may be provided by the county legislative authority in the
resolution authorizing their issuance, shall mature on or
before a date not to exceed twenty-two years from and after
their date, shall bear interest at such rate or rates as authorized
by the legislative authority payable annually or semiannually
as may be provided by the legislative authority, shall be
signed by the chair of the legislative authority and attested by
the county auditor, shall have the seal of the county affixed
thereto, and shall be payable at the office of the county treasurer or elsewhere as may be designated by the legislative
authority. Such bonds may be in any form, including bearer
bonds or registered bonds as provided in RCW 39.46.030. In
lieu of any signatures required in this section, the bonds and
any coupons may bear the printed or engraved facsimile signatures of said officials.
Such bonds shall refer to the improvement for which
they are issued and to the resolution creating the road
improvement district therefor.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [2009 c 549 § 4143; 1983 c 167 § 94; 1980 c
100 § 5; 1970 ex.s. c 56 § 55; 1969 ex.s. c 232 § 73; 1963 c 4
§ 36.88.200. Prior: 1951 c 192 § 20.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
36.88.210
36.88.210 Improvement bonds—Issuance—Sale—
Deposit of proceeds. (1) The bonds issued under the provisions of this chapter may be issued to the contractor or sold
by the county legislative authority as authorized by the resolution directing their issuance at not less than their par value
and accrued interest to the date of delivery. No bonds shall be
sold except at public sale upon competitive bids and a notice
calling for bids shall be published once a week for two consecutive weeks in the official newspaper of the county. Such
notice shall specify a place and designate a day and hour subsequent to the date of last publication thereof when sealed
bids will be received and publicly opened for the purchase of
said bonds. The proceeds of all sales of bonds shall be deposited in the county road improvement district fund and applied
to the cost and expense of the district.
(2010 Ed.)
36.88.230
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 95; 1963 c 4 § 36.88.210. Prior: 1951 c 192 §
21.]
Additional notes found at www.leg.wa.gov
36.88.220 Improvement bonds—Guaranty fund. All
counties may establish a fund for the purpose of guaranteeing
to the extent of such fund and in the manner hereinafter provided, the payment of its road improvement district bonds
and warrants issued to pay for any road improvement ordered
under this chapter. If the county legislative authority shall
determine to establish such fund it shall be designated
". . . . . . county road improvement guaranty fund" and from
moneys available for road purposes such county shall deposit
annually in said guaranty fund such sums as may be necessary to establish and maintain a balance therein equal to at
least five percent of the outstanding obligations guaranteed
thereby and to make necessary provision in its annual budget
therefor. The moneys held in the guaranty fund may be
invested in accordance with the laws relating to county
investments. [1997 c 393 § 7; 1967 ex.s. c 145 § 63; 1963 c
4 § 36.88.220. Prior: 1959 c 134 § 2; 1951 c 192 § 22.]
36.88.220
Additional notes found at www.leg.wa.gov
36.88.230 Improvement bonds—Guaranty fund in
certain counties—Operation. Whenever there shall be paid
out of a guaranty fund any sum on account of principal or
interest of a road improvement district bond or warrant, the
county, as trustee for the fund, shall be subrogated to all the
rights of the owner of the bond or any interest coupon or warrant so paid, and the proceeds thereof, or of the assessment
underlying the same, shall become part of the guaranty fund.
There shall also be paid into each guaranty fund the interest
received from investment of the fund, as well as any surplus
remaining in any local improvement fund guaranteed hereunder after the payment of all outstanding bonds or warrants
payable primarily out of such road improvement fund. Warrants drawing interest at a rate or rates not to exceed the rate
determined by the county legislative authority shall be issued,
as other warrants are issued by the county, against a guaranty
fund to meet any liability accruing against it, and at the time
of making its annual budget and tax levy the county shall provide from funds available for road purposes for the deposit in
the guaranty fund of a sum sufficient with other resources of
such fund to pay warrants so issued during the preceding fiscal year. As among the several issues of bonds or warrants
guaranteed by the fund no preference shall exist, but
defaulted bonds, interest payments, and warrants shall be
purchased out of the fund in the order of their presentation.
Every county establishing a guaranty fund for road
improvement district bonds or warrants shall prescribe by
resolution appropriate rules and regulations for the maintenance and operation of the guaranty fund not inconsistent
herewith. So much of the money of a guaranty fund as is necessary may be used to purchase underlying bonds or warrants
guaranteed by the fund, or to purchase certificates of delinquency for general taxes on property subject to local
improvement assessments, or to purchase such property at tax
foreclosures, for the purpose of protecting the guaranty fund.
36.88.230
[Title 36 RCW—page 277]
36.88.235
Title 36 RCW: Counties
Said fund shall be subrogated to the rights of the county, and
the county, acting on behalf of said fund, may foreclose the
lien of general tax certificates of delinquency and purchase
the property at the foreclosure sale for the account of said
fund. Whenever the legislative authority of any county shall
so cause a lien of general tax certificates of delinquency to be
foreclosed and the property to be so purchased at a foreclosure sale, the court costs and costs of publication and
expenses for clerical work and/or other expense incidental
thereto, shall be chargeable to and payable from the guaranty
fund. After so acquiring title to real property, a county may
lease or sell and convey the same at public or private sale for
such price and on such terms as may be determined by resolution of the county legislative body, and all proceeds resulting from such sales shall belong to and be paid into the guaranty fund. [1997 c 393 § 8; 1983 c 167 § 96; 1981 c 156 § 12;
1963 c 4 § 36.88.230. Prior: 1951 c 192 § 23.]
Additional notes found at www.leg.wa.gov
36.88.235 Improvement bonds—Guaranty fund
assets may be transferred to county general fund—When.
(1) Any county maintaining a local improvement guaranty
fund under this chapter, upon certification by the county treasurer that the local improvement guaranty fund has sufficient
funds currently on hand to meet all valid outstanding obligations of the fund and all other obligations of the fund reasonably expected to be incurred in the near future, may by ordinance transfer assets from such fund to its general fund. The
net cash of the local improvement guaranty fund may be
reduced by such transfer to an amount not less than five percent of the net outstanding obligations guaranteed by such
fund.
(2) If, at any time within five years of any transfer of
assets from the local improvement guaranty fund to the general fund of the county, the net cash of the local improvement
guaranty fund is reduced below the minimum amount specified in subsection (1) of this section, the county shall, to the
extent of the amount transferred, pay valid claims against the
local improvement guaranty fund as a general obligation of
the county. In addition, such county shall pay all reasonable
costs of collection necessarily incurred by the holders of
valid claims against the local improvement guaranty fund.
[1991 c 245 § 12.]
36.88.235
36.88.240 Improvement bonds—Repay ment
restricted to special funds—Remedies of bond owner—
Notice of restrictions. The owner of any bond or warrant
issued under the provisions of this chapter shall not have any
claim therefor against the county by which the same is issued,
except for payment from the special assessments made for
the improvement for which said bond or warrant was issued
and except as against the improvement guaranty fund of such
county, and the county shall not be liable to any owner of
such bond or warrant for any loss to the guaranty fund occurring in the lawful operation thereof by the county. The remedy of the owner of a bond, or warrant in case of nonpayment,
shall be confined to the enforcement of any assessments
made in such road improvement district and to the guaranty
fund. In case the bonds are guaranteed in accordance herewith a copy of the foregoing part of this section shall be
36.88.240
[Title 36 RCW—page 278]
plainly written, printed or engraved on each bond issued and
guaranteed hereunder. [1983 c 167 § 97; 1963 c 4 §
36.88.240. Prior: 1951 c 192 § 24.]
Additional notes found at www.leg.wa.gov
36.88.250 Improvement bonds—Remedies of bond
owners—Enforcement. If the board fails to cause any
bonds to be paid when due or to promptly collect any assessments when due, the owner of any of the bonds may proceed
in his or her own name to collect the assessments and foreclose the lien thereof in any court of competent jurisdiction
and shall recover in addition to the amount of the bonds outstanding in his or her name, interest thereon at five percent
per annum, together with the costs of suit, including a reasonable attorney’s fee to be fixed by the court. Any number of
owners of bonds for any single project may join as plaintiffs
and any number of the owners of property upon which the
assessments are liens may be joined as defendants in the same
suit. [2009 c 549 § 4144; 1963 c 4 § 36.88.250. Prior: 1951
c 192 § 25.]
36.88.250
36.88.260 Assessment where bonds issued—Payment
in installments. In all cases where the board shall issue
bonds to pay the cost and expense of any county road
improvement district and shall provide that the whole or any
part of the cost and expense shall be assessed against the lots,
tracts, parcels of land, and other property therein, the resolution levying such assessment shall provide that the sum
charged thereby against each lot, tract, or parcel of land or
any portion of said sum may be paid during the thirty day
period provided for in RCW 36.88.270 and that thereafter the
sum remaining unpaid may be paid in equal annual installments, the number of which installments shall be less by two
than the number of years which the bonds issued to pay for
the improvement may run. Interest upon all unpaid installments shall be charged at a rate fixed by said resolution. Each
year such installments together with interest due thereon shall
be collected in the manner provided in the resolution for the
collection of the assessments. [1963 c 4 § 36.88.260. Prior:
1951 c 192 § 26.]
36.88.260
36.88.270 Assessment where bonds issued—Payment
in cash—Notice of assessment. The owner of any lot, tract,
or parcel of land, or other property charged with any such
assessments may redeem the same from all or any portion of
the liability for the cost and expense of such improvement by
paying the entire assessment or any portion thereof charged
against such lot, tract, or parcel of land without interest
within thirty days after notice to him or her of such assessment, which notice shall be given as follows: The county
treasurer shall, as soon as the assessment roll has been placed
in his or her hands for collection, publish a notice for two
consecutive daily or weekly issues in the official newspaper
of the county in which the district is located, which notice
shall state that the assessment roll is in his or her hands for
collection and that any assessment thereon or any portion of
such assessment may be paid at any time within thirty days
from the date of the first publication of said notice without
penalty interest or costs. [2009 c 549 § 4145; 1963 c 4 §
36.88.270. Prior: 1951 c 192 § 27.]
36.88.270
(2010 Ed.)
County Road Improvement Districts
36.88.280 Assessment where bonds issued—Payment
in cash during installment period—Duties of county treasurer—Use of funds. The owners of any lot, tract, or parcel
of land may save the same from all liability for the unpaid
amount of the assessment, at any time after the thirty-day
period herein provided for their payment without interest, by
paying the entire amount or all installments on said assessment together with all interest due to the date of maturity of
any installment next falling due. All such payments shall be
made to the county treasurer whose duty it shall be to collect
all assessments under this chapter and all sums so paid or collected shall be applied solely to the payment of the cost and
expense of the district and payment of principal and/or interest of any bonds issued. [1963 c 4 § 36.88.280. Prior: 1951
c 192 § 28.]
36.88.280
36.88.290 Limitation of actions. An action to collect
any special assessment or installment thereof for road
improvements, or to enforce the lien of any such assessment
or installment, whether such action be brought by the county
or by the holder of any certificate of delinquency, or by any
other person having the right to bring such action, shall be
commenced within ten years after such assessment shall have
become delinquent or within ten years after the last installment of any such assessment shall have become delinquent,
when said special assessment is payable in installments.
Actions to set aside or cancel any deed issued after midnight, June 6, 1951, upon the sale of property for road
improvement assessments, or for the recovery of property
sold for delinquent road improvement assessments must be
brought within three years from and after date of the issuance
of such deed. [1963 c 4 § 36.88.290. Prior: 1951 c 192 § 29.]
36.88.290
36.88.295 Refunding bonds—Limitations. The legislative authority of any county may issue and sell bonds to
refund outstanding road improvement district or consolidated
road improvement district bonds issued after June 7, 1984, on
the earliest date such outstanding bonds may be redeemed
following the date of issuance of such refunding bonds. Such
refunding shall be subject to the following:
(1) The refunding shall result in a net interest cost savings after paying the costs and expenses of the refunding, and
the principal amount of the refunding bonds may not exceed
the principal balance of the assessment roll or rolls pledged to
pay the bonds being refunded at the time of the refunding.
(2) The refunding bonds shall be paid from the same
local improvement fund or bond redemption fund as the
bonds being refunded.
(3) The costs and expenses of the refunding shall be paid
from the proceeds of the refunding bonds, or the same road
improvement district fund or bond redemption fund for the
bonds being refunded, except the county may advance such
costs and expenses to such fund pending the receipt of assessment payments available to reimburse such advances.
(4) The last maturity of refunding bonds shall be no later
than one year after the last maturity of bonds being refunded.
(5) The refunding bonds may be exchanged for the bonds
being refunded or may be sold in the same manner permitted
at the time of sale for road improvement district bonds.
(6) All other provisions of law applicable to the refunded
bonds shall apply to the refunding bonds. [1984 c 186 § 67.]
36.88.295
(2010 Ed.)
36.88.320
Purpose—1984 c 186: See note following RCW 39.46.110.
36.88.300 District costs and expenses—What to
include. Whenever any district is organized hereunder, there
shall be included in the cost and expense thereof: (1) The
cost of all of the construction or improvement authorized in
the district, including that portion of the construction or
improvement within the limits of any street or road intersection, space or spaces; (2) the estimated costs and expenses of
all engineering and surveying necessary to be done by the
county engineer or under his or her direction or by such other
engineer as may be employed by the county commissioners;
(3) the cost of all advertising, mailing, and publishing of all
notices; (4) the cost of legal services and any other expenses
incurred by the county for the district or in the formation
thereof, or by the district in connection with such construction or improvement and in the financing thereof, including
the issuance of any bonds. [2009 c 549 § 4146; 1963 c 4 §
36.88.300. Prior: 1951 c 192 § 30.]
36.88.300
36.88.305 District costs and expenses—Credit or
reduction of assessments. At its option, a county may
include the value of right-of-way or property that is donated
or given to the county for purposes of an improvement to be
financed by a road improvement district, together with the
costs of acquiring other rights-of-way or property for the
improvement that was not donated or given to the county, in
the costs of the improvement and credit or reduce the assessments imposed on benefited property for the value of the
right-of-way or property that the owner of the benefited property donated or gave to the county for the improvement.
[1991 c 363 § 90.]
36.88.305
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.88.310 Acquisition of property—Eminent
domain. All land, premises or property necessary for rightof-way or other purposes in the construction or improvement
of any county road, including bridges, sidewalks, curbs and
gutters and the drainage facilities therefor, under this chapter
may be acquired by the county acting through its board of
county commissioners, either by gift, purchase or by condemnation. In the event of any exercise of the power of eminent domain, the procedure shall be the same as is provided
by law for the securing of right-of-way for county roads. The
title to all property acquired for any construction or improvement under this chapter shall be taken in the name of the
county. The county commissioners in any eminent domain
action brought to secure any property for construction or
improvement under this chapter may pay any final judgment
entered in such action with county road funds and take possession of the particular property condemned. In the event of
any such payment the county commissioners may require that
the county road fund be reimbursed out of the particular
county road improvement fund of the district for which the
property was acquired. [1963 c 4 § 36.88.310. Prior: 1951 c
192 § 31.]
36.88.310
36.88.320 Construction or improvement—Supervision—Contracts—Standards. All construction or improvement performed under this chapter shall be under the direc36.88.320
[Title 36 RCW—page 279]
36.88.330
Title 36 RCW: Counties
tion of the board of county commissioners, acting by and
through the county road engineer, or such other engineer as
the board of county commissioners shall designate. Contracts
let and/or work performed upon all construction or improvement hereunder shall be in accordance with the laws pertaining to work upon county roads. The construction and
improvement standards of the respective counties for engineering and performance of work, shall apply to all construction or improvement under this chapter. [1963 c 4 §
36.88.320. Prior: 1951 c 192 § 32.]
electric energy for and operating and maintaining street and
road lighting systems: PROVIDED, That maintenance of
canal protection improvements may, at the option of the
board of commissioners of the county, be required of the irrigation, drainage, flood control, or other district, agency, person, corporation, or association maintaining the canal or
ditch. If such option is exercised reimbursement must be
made by the county for all actual costs of such maintenance.
[1963 c 4 § 36.88.350. Prior: 1959 c 75 § 8; 1953 c 152 § 3;
1951 c 192 § 35.]
36.88.330 Warrants—Issuance—Priority—Acceptance. The board may provide by resolution for the issuance
of warrants in payment of the costs and expenses of any
project, payable out of the county road improvement fund.
The warrants shall be redeemed either in cash or by bonds for
the same project authorized by the resolution.
All warrants issued against any such improvement fund
shall be claims and liens against said fund prior and superior
to any right, lien or claim of any surety upon the bond given
to the county by or for the contract to secure the performance
of his or her contract or to secure the payment of persons who
have performed work thereon, furnished materials therefor,
or furnished provisions and supplies for the carrying on of the
work.
The county treasurer may accept warrants against any
county road improvement fund upon such conditions as the
board may prescribe in payment of: (1) Assessments levied
to supply that fund in due order of priority; (2) judgments
rendered against property owners who have become delinquent in the payment of assessments to that fund; and (3) certificates of purchase in cases where property of delinquents
has been sold under execution or at tax sale for failure to pay
assessments levied to supply that fund. [2009 c 549 § 4147;
1980 c 100 § 6; 1963 c 4 § 36.88.330. Prior: 1951 c 192 §
33.]
36.88.360 State, county, school, municipal corporation lands—Assessment—Recipients of notices, ballots.
Lands owned by the state, county, school district or any
municipal corporation may be assessed and charged for road
improvements authorized under this chapter in the same manner and subject to the same conditions as provided by law for
assessments against such property for local improvements in
cities and towns.
All notices and ballots provided for herein affecting state
lands shall be sent to the department of natural resources
whose designated agent is hereby authorized to sign petitions
or ballots on behalf of the state. In the case of counties or
municipal or quasi municipal bodies notices and ballots shall
be sent to the legislative authority of said counties or municipality and petitions or ballots shall be signed by the officer
duly empowered to act by said legislative authority. [1963 c
4 § 36.88.360. Prior: 1951 c 192 § 36.]
36.88.330
36.88.340 Participation of county road fund—
Arrangements with other public agencies, private utilities. Except as they may establish continuing guaranty fund
requirements, the board of county commissioners shall be the
sole judges as to the extent of county road fund participation
in any project under this chapter and the decisions of the
board shall be final; the said board may receive grants from
or contract with any other county, municipal corporation,
public agency or the state or federal government in order to
effect any construction or improvement hereunder, including
the construction, installation, improvement, operation, maintenance of and furnishing electric energy for any street and
road lighting system, and to effect the construction, installation, improvement, operation and maintenance of and furnishing electric energy for any such street and road lighting
system, may contract with any private utility corporation.
[1963 c 4 § 36.88.340. Prior: 1953 c 152 § 2; 1951 c 192 §
34.]
36.88.340
36.88.350 Maintenance—Expense. After the completion of any construction or improvement under this chapter,
all maintenance thereof shall be performed by the county at
the expense of the county road fund, excepting furnishing
36.88.350
[Title 36 RCW—page 280]
36.88.360
36.88.370 Signatures on petitions, ballots, objections—Determining sufficiency. Wherever herein petitions, ballots or objections are required to be signed by the
owners of property, the following rules shall govern the sufficiency thereof: (1) The signature of the record owner as
determined by the records of the county auditor shall be sufficient without the signature of his or her spouse; (2) in the
case of mortgaged property, the signature of the mortgagor
shall be sufficient; (3) in the case of property purchased on
contract the signature of the contract purchaser shall be
deemed sufficient; (4) any officer of a corporation owning
land in the district duly authorized to execute deeds or
encumbrances on behalf of the corporation may sign on
behalf of such corporation: PROVIDED, That there shall be
attached to the ballot or petition a certified excerpt from the
bylaws showing such authority; (5) if any property in the district stands in the name of a deceased person or any person for
whom a guardian has been appointed, the signature of the
executor, administrator or guardian as the case may be shall
be equivalent to the signature of the owner of the property.
[1963 c 84 § 6; 1963 c 4 § 36.88.370. Prior: 1951 c 192 § 37.]
36.88.370
36.88.375 Consolidated road improvement districts—Establishment—Bonds. For the purpose of issuing
bonds only, the governing body of any county may authorize
the establishment of consolidated road improvement districts.
The road improvements within such consolidated districts
need not be adjoining, vicinal, or neighboring. If the governing body orders the creation of such consolidated road
improvement districts, the money received from the installment payments of the principal of and interest on assessments
36.88.375
(2010 Ed.)
County Road Improvement Districts
levied within original road improvement districts shall be
deposited in a consolidated road improvement district bond
redemption fund to be used to redeem outstanding consolidated road improvement district bonds. The issuance of
bonds of a consolidated road improvement district shall not
change the number of assessment installments in the original
road improvement districts, but such bonds shall run two
years longer than the longest assessment installment of such
original districts. [1981 c 313 § 19.]
Reviser’s note: 1981 c 313 § 19 directed that this section be placed in
chapter 36.89 RCW. Since this placement appears inappropriate, this section
has been codified as part of chapter 36.88 RCW.
Additional notes found at www.leg.wa.gov
36.88.380 Safeguarding open canals or ditches—
Assessments and benefits. Whenever a county road
improvement district is established for the safeguarding of
open canals or ditches as authorized by RCW 36.88.015 the
rate of assessment per square foot in the district may be determined by any one of the methods provided in chapter 35.44
RCW for similar improvements in cities or towns, and the
land specially benefited by such improvements shall be the
same as provided in chapter 35.43 RCW for similar improvements in cities or towns. [1963 c 4 § 36.88.380. Prior: 1959
c 75 § 5.]
36.88.380
36.88.390 Safeguarding open canals or ditches—
Authority. Every county shall have the right of entry upon
every irrigation, drainage, or flood control canal or ditch
right-of-way within its boundaries for all purposes necessary
to safeguard the public from the hazards of open canals or
ditches, including the right to clean such canals or ditches to
prevent their flooding adjacent lands, and the right to cause to
be constructed and maintained on such rights-of-way or adjacent thereto safeguards as authorized by RCW 36.88.015:
PROVIDED, That such safeguards must not unreasonably
interfere with maintenance of the canal or ditch or with the
operation thereof. [1963 c 4 § 36.88.390. Prior: 1959 c 75 §
6.]
36.88.430
tion utility affected by such conversion or installation. [1971
ex.s. c 103 § 1; 1967 c 194 § 1.]
Cities and towns, conversion of overhead electric and communication facilities to underground facilities: Chapter 35.96 RCW.
Additional notes found at www.leg.wa.gov
36.88.420 Underground electric and communication
facilities, installation or conversion to—Definitions. As
used in RCW 36.88.410 through 36.88.480, unless specifically defined otherwise, or unless the context indicates otherwise:
"Conversion area" means that area in which existing
overhead electric and communication facilities are to be converted to underground facilities pursuant to the provisions of
RCW 36.88.410 through 36.88.480.
"Electric utility" means any publicly or privately owned
utility engaged in the business of furnishing electric energy to
the public in all or part of the conversion area and includes
electrical companies as defined by RCW 80.04.010 and public utility districts.
"Communication utility" means any utility engaged in
the business of affording telephonic, telegraphic, cable television or other communication service to the public in all or
part of the conversion area and includes telephone companies
and telegraph companies as defined by RCW 80.04.010.
[1967 c 194 § 2.]
36.88.420
36.88.390
36.88.400 Safeguarding open canals or ditches—
Installation and construction—Costs. Any county, establishing a road improvement district for canal protection, notwithstanding any laws to the contrary, may require the district, agency, person, corporation, or association, public or
private, which operates and maintains the canal or ditch to
supervise the installation and construction of safeguards, and
must make reimbursement to said operator for all actual costs
incurred and expended. [1963 c 4 § 36.88.400. Prior: 1959 c
75 § 7.]
36.88.400
36.88.410 Underground electric and communication
facilities, installation or conversion to—Declaration of
public interest and purpose. It is hereby found and
declared that the conversion of overhead electric and communication facilities to underground facilities and the initial
underground installation of such facilities is substantially
beneficial to the public safety and welfare, is in the public
interest and is a public purpose, notwithstanding any resulting incidental private benefit to any electric or communica36.88.410
(2010 Ed.)
36.88.430 Underground electric and communication
facilities, installation or conversion to—Powers of county
relating to—Contracts—County road improvement districts—Special assessments. Every county shall have the
power to contract with electric and communication utilities,
as hereinafter provided, for any or all of the following purposes:
(1) The conversion of existing overhead electric facilities to underground facilities.
(2) The conversion of existing overhead communication
facilities to underground facilities.
(3) The conversion of existing street and road lighting
facilities to ornamental street and road lighting facilities to be
served from underground electrical facilities.
(4) The initial installation, in accordance with the limitations set forth in RCW 36.88.015, or [of] ornamental street
and road lighting facilities to be served from underground
electrical facilities.
(5) The initial installation of underground electric and
communication facilities.
(6) Any combination of the improvements provided for
in this section.
To provide funds to pay the whole or any part of the cost
of any such conversion or initial installation, together with
the expense of furnishing electric energy, maintenance and
operation to any ornamental street lighting facilities served
from underground electrical facilities, every county shall
have the power to create county road improvement districts
and to levy and collect special assessments against the real
property specially benefited by such conversion or initial
installation. For the purpose of ascertaining the amount to be
assessed against each lot or parcel of land within any county
road improvement district established pursuant to RCW
36.88.410 through 36.88.480, in addition to other methods
36.88.430
[Title 36 RCW—page 281]
36.88.440
Title 36 RCW: Counties
provided by law for apportioning special benefits, the county
commissioners may apportion all or part of the special benefits accruing on a square footage basis or on a per lot basis.
That portion of the assessments levied in any county
road improvement district to pay part of the cost of the initial
installation of underground electric and communication facilities shall not exceed the cost of such installation, less the
estimated cost of constructing overhead facilities providing
equivalent service. [1971 ex.s. c 103 § 2; 1967 c 194 § 3.]
36.88.440 Underground electric and communication
facilities, installation or conversion to—Contracts with
electric and communication utilities—Authorized—Provisions. Every county shall have the power to contract with
electric and communication utilities for the conversion of
existing overhead electric and communication facilities to
underground facilities, for the conversion of existing street
and road lighting facilities to ornamental street and road
lighting facilities to be served from underground electrical
facilities[,] for the initial installation of ornamental street and
road lighting facilities to be served from underground electrical facilities and for the initial installation of underground
electric and communication facilities. Such contracts may
provide, among other provisions, any of the following:
(1) For the supplying and approval by the electric and
communication utilities of plans and specifications for such
conversion or installation;
(2) For the payment to the electric and communication
utilities for any work performed or services rendered by it in
connection with the conversion project or installation;
(3) For the payment to the electric and communication
utilities for the value of the overhead facilities removed pursuant to the conversion;
(4) For ownership of the underground facilities and the
ornamental street and road lighting facilities by the electric
and communication utilities. [1971 ex.s. c 103 § 3; 1967 c
194 § 4.]
36.88.440
36.88.450 Underground electric and communication
facilities, installation or conversion to—Notice to owners
to convert service lines to underground—Objections—
Hearing—Time limitation for conversion. When service
from the underground electric and communication facilities
is available in all or part of a conversion area, the county shall
mail a notice to the owners of all structures or improvements
served from the existing overhead facilities in the area, which
notice shall state that:
(1) Service from the underground facilities is available;
(2) All electric and communication service lines from the
existing overhead facilities within the area to any structure or
improvement must be disconnected and removed within one
hundred twenty days after the date of the mailing of the
notice;
(3) Should such owner fail to convert such service lines
from overhead to underground within one hundred twenty
days after the date of the mailing of the notice, the county will
order the electric and communication utilities to disconnect
and remove the service lines;
(4) Should the owner object to the disconnection and
removal of the service lines he or she may file his or her writ36.88.450
[Title 36 RCW—page 282]
ten objections thereto with the secretary of the board of
county commissioners within one hundred twenty days after
the date of the mailing of the notice and failure to so object
within such time will constitute a waiver of his or her right
thereafter to object to such disconnection and removal.
If the owner of any structure or improvement served
from the existing overhead electric and communication facilities within a conversion area shall fail to convert to underground the service lines from such overhead facilities to such
structure or improvement within one hundred twenty days
after the mailing to him or her of the notice, the county shall
order the electric and communication utilities to disconnect
and remove all such service lines: PROVIDED, That if the
owner has filed his or her written objections to such disconnection and removal with the secretary of the board of county
commissioners within one hundred twenty days after the
mailing of said notice then the county shall not order such
disconnection and removal until after the hearing on such
objections.
Upon the timely filing by the owner of objections to the
disconnection and removal of the service lines, the board of
county commissioners shall conduct a hearing to determine
whether the removal of all or any part of the service lines is in
the public benefit. The hearing shall be held at such time as
the board of county commissioners may establish for hearings on such objections and shall be held in accordance with
the regularly established procedure set by the board. The
determination reached by the board of county commissioners
shall be final in the absence of an abuse of discretion. [2009
c 549 § 4148; 1967 c 194 § 5.]
36.88.460 Underground electric and communication
facilities, installation or conversion to—Utility conversion
guaranty fund—Establishment authorized—Purpose—
Deposits—Investments. Every county may establish a fund
for the purpose of guaranteeing to the extent of such fund and
in the manner hereinafter provided, the payment of its county
road improvement district bonds and warrants issued to pay
for the underground conversion of electric and communication facilities and the underground conversion or installation
of ornamental road and street lighting facilities ordered under
this chapter. If the board of county commissioners shall
determine to establish such fund it shall be designated
". . . . . . utility conversion guaranty fund" and from moneys
available such county shall deposit annually in said guaranty
fund such sums as may be necessary to establish and maintain
a balance therein equal to at least five percent of the outstanding obligations guaranteed thereby and to make necessary
provision in its annual budget therefor. The moneys held in
the guaranty fund may be invested in certificates, notes, or
bonds of the United States of America, or in state, county,
municipal or school district bonds, or in warrants of taxing
districts of the state; provided, only, that such bonds and warrants shall be general obligations. [1967 c 194 § 6.]
36.88.460
36.88.470 Underground electric and communication
facilities, installation or conversion to—Utility conversion
guaranty fund—Operation. Whenever there shall be paid
out of the guaranty fund any sum on account of principal or
interest of a county road improvement district bond or war36.88.470
(2010 Ed.)
Highways—Open Spaces—Parks—Other Public Facilities—Storm Water Control
rant, the county, as trustee for the fund, shall be subrogated to
all the rights of the owner of the bond or any interest coupon
or warrant so paid, and the proceeds thereof, or of the assessment underlying the same, shall become part of the guaranty
fund. There shall also be paid into each guaranty fund the
interest received from investments of the fund, as well as any
surplus remaining in any county road improvement fund
guaranteed hereunder after the payment of all outstanding
bonds or warrants payable primarily out of such utility conversion county road improvement district fund. Warrants
drawing interest at a rate or rates not to exceed the rate determined by the county legislative authority shall be issued, as
other warrants are issued by the county, against the guaranty
fund to meet any liability accruing against it, and at the time
of making its annual budget and tax levy the county shall provide from funds available for the deposit in the guaranty fund
of a sum sufficient with other resources of such fund to pay
warrants so issued during the preceding fiscal year. As
among the several issues of bonds or warrants guaranteed by
the fund no preference shall exist, but defaulted bonds, interest payments, and warrants shall be purchased out of the fund
in the order of their presentation.
Every county establishing a guaranty fund for utility
conversion road improvement district bonds or warrants shall
prescribe by resolution appropriate rules and regulations for
the maintenance and operation of such guaranty fund not
inconsistent herewith. So much of the money of a guaranty
fund as is necessary may be used to purchase underlying
bonds or warrants guaranteed by the fund, or to purchase certificates of delinquency for general taxes on property subject
to local improvement assessments, or to purchase such property at tax foreclosures, for the purpose of protecting the
guaranty fund. The fund shall be subrogated to the rights of
the county and the county, acting on behalf of the fund, may
foreclose the lien of general tax certificates of delinquency
and purchase the property at the foreclosure sale for the
account of said fund. Whenever the legislative authority of
any county shall so cause a lien of general tax certificates of
delinquency to be foreclosed and the property to be so purchased at a foreclosure sale, the court costs and costs of publication and expenses for clerical work and/or other expense
incidental thereto, shall be chargeable to and payable from
the guaranty fund. After so acquiring title to real property, a
county may lease or sell and convey the same at public or private sale for such price and on such terms as may be determined by resolution of the county legislative authority, and
all proceeds resulting from such sales shall belong to and be
paid into the guaranty fund. [1983 c 167 § 98; 1981 c 156 §
13; 1967 c 194 § 7.]
36.88.485 Underground electric and communication
facilities, installation or conversion to—Recording of
underground utility installations. All installations of
underground utilities made on and after August 9, 1971 shall
be recorded on an "as constructed" map and filed with the
county engineer of the county in which the underground utilities are installed. [1971 ex.s. c 103 § 4.]
36.88.485
36.88.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 82.]
36.88.900
Chapter 36.89 RCW
HIGHWAYS—OPEN SPACES—PARKS—OTHER
PUBLIC FACILITIES—STORM WATER CONTROL
Chapter 36.89
Sections
36.89.010
36.89.020
36.89.030
36.89.040
36.89.042
36.89.050
36.89.060
36.89.062
36.89.065
36.89.080
36.89.085
36.89.092
36.89.093
36.89.094
36.89.100
36.89.110
36.89.120
Additional notes found at www.leg.wa.gov
36.88.480
36.88.480 Underground electric and communication
facilities, installation or conversion to—Applicability of
general provisions relating to county road improvement
districts. Unless otherwise provided in RCW 36.88.410
through 36.88.480, the general provisions relating to county
road improvement districts shall apply to local improvements
authorized by RCW 36.88.410 through 36.88.480. [1967 c
194 § 8.]
(2010 Ed.)
36.89.010
36.89.130
36.89.900
36.89.910
36.89.911
Definitions.
Purpose.
Authority to establish, acquire, develop, construct, and
improve highways, open spaces, parks, etc.
Issuance of general obligation bonds—Proposition submitted
to voters.
Issuance of general obligation bonds—Payment from revenue—Additional method.
Participation by other governmental agencies.
Powers and authority are supplemental.
Power and authority of counties are supplemental.
Lien for delinquent charges.
Storm water control facilities—Rates and charges—Limitations—Use.
Storm water control facilities—Public property subject to rates
and charges.
Storm water control facilities—Alternative interest rate on
delinquent charges.
Storm water control facilities—Alternative procedures for lien
on delinquent charges.
Storm water control facilities—Alternative foreclosure procedures on lien on delinquent charges.
Storm water control facilities—Revenue bonds.
Storm water control facilities—Utility local improvement districts—Assessments.
Storm water control facilities—Annexation, incorporation of
area by city or town—Imposition of rates and charges by
county.
Cooperative watershed management.
Effective date—1967 c 109.
Severability—1967 c 109.
Severability—1970 ex.s. c 30.
Assessments and charges against state lands: Chapter 79.44 RCW.
36.89.010 Definitions. The words "governmental
agency" as used in this chapter mean the United States of
America, the state or any agency, subdivision, taxing district
or municipal or quasi municipal corporation thereof.
36.89.010
[Title 36 RCW—page 283]
36.89.020
Title 36 RCW: Counties
The word "highways" as used in this chapter means all
public roads, streets, expressways, parkways, scenic drives,
bridges and other public ways, including without limitation,
traffic control facilities, special lanes, turnouts or structures
in, upon, over or under such public ways for exclusive or
nonexclusive use by public transit vehicles, and landscaping,
visual and sound buffers between such public ways and adjacent properties.
The words "open space, park, recreation and community
facilities" as used in this chapter mean any public facility,
improvement, development, property or right or interest
therein for public park, recreational, green belt, arboretum,
multi-purpose community center (as defined in RCW
35.59.010), museum, zoo, aquarium, auditorium, exhibition,
athletic, historic, scenic, viewpoint, aesthetic, ornamental or
natural resource preservation purposes.
The words "public health and safety facilities" as used in
this chapter mean any public facility, improvement, development, property or right or interest therein, made, constructed
or acquired for the purpose of protecting life from disease or
injury, enforcing the criminal and civil laws or protecting
property from damage caused by breach of law, including but
not limited to public hospitals, health laboratories, public
health clinics or service centers, custodial, correction or rehabilitation facilities, courtrooms, crime laboratories, law
enforcement equipment and facilities, training facilities for
specialized personnel, facilities for the collection, storage,
retrieval or communication of information, and mobile, support or administrative facilities, all as necessary for the foregoing purpose, or any combination of the facilities herein
described.
The words "storm water control facilities" as used in this
chapter mean any facility, improvement, development, property or interest therein, made, constructed or acquired for the
purpose of controlling, or protecting life or property from,
any storm, waste, flood or surplus waters wherever located
within the county, and shall include but not be limited to the
improvements and authority described in RCW 86.12.020
and chapters 86.13 and 86.15 RCW.
The word "county" as used in this chapter shall mean any
county of the state of Washington. [1970 ex.s. c 30 § 1; 1967
c 109 § 1.]
perity, interests and welfare of all the residents of such
county. The highways within such county, whether under the
general control of the county or the state or within the limits
of any incorporated city or town, provide an inter-connected
system for the convenient and efficient movement of people
and goods within such county. The use of general county
funds for the purpose of acquisition, development, construction, or improvement of open space, park, recreation and
community facilities, public health and safety facilities,
storm water control facilities, or highways or to participate
with any governmental agency to perform such purposes
within such county pursuant to this chapter is hereby declared
to be a strictly county purpose. [1970 ex.s. c 30 § 2; 1967 c
109 § 2.]
36.89.030 Authority to establish, acquire, develop,
construct, and improve highways, open spaces, parks, etc.
Counties are authorized to establish, acquire, develop, construct, and improve open space, park, recreation, and community facilities, public health and safety facilities, storm water
control facilities, and highways or any of them pursuant to
the provisions of this chapter within and without the cities
and towns of the county and for such purposes have the
power to acquire lands, buildings and other facilities by gift,
grant, purchase, condemnation, lease, devise, and bequest, to
construct, improve, or maintain buildings, structures, and
facilities necessary for such purposes, and to use and develop
for such purposes the air rights over and the subsurface rights
under any highway. The approval of the state department of
transportation shall be first secured for such use and development of any state highway. For visual or sound buffer purposes the county shall not acquire by condemnation less than
an owner’s entire interest or right in the particular real property to be so acquired if the owner objects to the taking of a
lesser interest or right. [1984 c 7 § 42; 1970 ex.s. c 30 § 3;
1967 c 109 § 3.]
36.89.030
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by counties: RCW 64.04.130.
Flood control, county powers: RCW 86.12.020.
Additional notes found at www.leg.wa.gov
36.89.040 Issuance of general obligation bonds—
Proposition submitted to voters. To carry out the purposes
of this chapter counties shall have the power to issue general
obligation bonds within the limitations now or hereafter prescribed by the Constitution and laws of this state. Such general obligation bonds shall be issued and sold as provided in
chapter 39.46 RCW.
The question of issuance of bonds for any undertaking
which relates to a number of different highways or parts
thereof, whether situated wholly or partly within the limits of
any city or town within the county, and whether such bonds
are intended to supply the whole expenditure or to participate
therein, may be submitted to the voters of the county as a single proposition. If the county legislative authority in submitting a proposition relating to different highways or parts
thereof declare that such proposition has for its object the furtherance and accomplishment of the construction of a system
of connected public highways within such county and constitutes a single purpose, such declaration shall be presumed to
36.89.040
36.89.020 Purpose. The legislature finds that the open
spaces, park, recreation and community facilities, public
health and safety facilities, storm water control facilities and
highways within any county of this state, whether located
partly or wholly within or without the cities and towns of
such county are of general benefit to all of the residents of
such county. The open spaces, park, recreation and community facilities within such county provide public recreation,
aesthetic, conservation and educational opportunities and
other services and benefits accessible to all of the residents of
such county. The public health and safety facilities within
such county provide protection to life and property throughout the county, are functionally inter-related and affect the
health, safety and welfare of all the residents of such county.
The storm water control facilities within such county provide
protection from storm water damage for life and property
throughout the county, generally require planning and development over the entire drainage basins, and affect the pros36.89.020
[Title 36 RCW—page 284]
(2010 Ed.)
Highways—Open Spaces—Parks—Other Public Facilities—Storm Water Control
be correct and upon the issuance of the bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different open spaces, park,
recreation and community facilities, whether situated wholly
or partly within the limits of any city or town within the
county, and whether such bonds are intended to supply the
whole expenditure or to participate therein may be submitted
to the voters as a single proposition. If the county legislative
authority in submitting a proposition relating to different
open spaces, park, recreation and community facilities
declare that such proposition has for its object the furtherance, accomplishment or preservation of an open space, park,
recreation and community facilities system available to, and
for the benefit of, all the residents of such county and constitutes a single purpose, such declaration shall be presumed to
be correct and upon the issuance of the bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different public health and
safety facilities, whether situated wholly or partly within the
limits of any city or town within the county, and whether such
bonds are intended to supply the whole expenditure or to participate therein may be submitted to the voters as a single
proposition. If the county legislative authority in submitting a
proposition relating to different public health and safety facilities declare that such proposition has for its object the furtherance or accomplishment of a system of public health and
safety facilities for the benefit of all the residents of such
county and constitutes a single purpose, such declaration
shall be presumed to be correct and upon the issuance of the
bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different storm water control
facilities, whether situated wholly or partly within the limits
of any city or town within the county, and whether such
bonds are intended to supply the whole expenditure or to participate therein may be submitted to the voters as a single
proposition. If the county legislative authority in submitting a
proposition relating to different storm water control facilities
declares that such proposition has for its object the furtherance, accomplishment or preservation of a storm water control facilities system for the benefit of all the residents of such
county and constitutes a single purpose, such declaration
shall be presumed to be correct and upon the issuance of the
bonds the presumption shall become conclusive.
Elections shall be held as provided in RCW 39.36.050.
[1984 c 186 § 34; 1983 c 167 § 99; 1970 ex.s. c 30 § 4; 1967
c 109 § 4.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
36.89.042 Issuance of general obligation bonds—
Payment from revenue—Additional method. In issuing
general obligation bonds at any time after February 20, 1970
for the purpose of providing all or part of the cost and
expense of planning and design, establishing, acquiring,
developing, constructing or improving the county capital purposes authorized by this chapter and RCW 86.12.020, the
board of county commissioners may provide that such bonds
36.89.042
(2010 Ed.)
36.89.062
also be made payable from any otherwise unpledged revenue
which may be derived from the ownership or operation of any
such properties or facilities. [1970 ex.s. c 30 § 6.]
36.89.050
36.89.050 Participation by other governmental agencies. A county may finance, acquire, construct, develop,
improve, maintain and operate any open space, park, recreation and community facilities, public health and safety facilities, storm water control facilities and highways authorized
by this chapter either solely or in conjunction with one or
more governmental agencies. Any governmental agency is
authorized to participate in such financing, acquisition, construction, development, improvement, use, maintenance and
operation and to convey, dedicate or lease any lands, properties or facilities to any county for the purposes provided in
this chapter and RCW 86.12.020, on such terms as may be
fixed by agreement between the respective governing commissions or legislative bodies without submitting the matter
to a vote of the electors unless the provisions of general law
applicable to the incurring of public indebtedness shall
require such submission.
No county shall proceed under the authority of this chapter to construct or improve any storm water control facility or
highway or part thereof lying within the limits of a city or
town except with the prior consent of such city or town. By
agreement between their respective legislative bodies, cities,
towns and counties may provide that upon completion of any
storm water control facility or highway or portion thereof
constructed pursuant to this chapter within any city or town,
the city or town shall accept the same for maintenance and
operation and that such storm water control facility or highway or portion thereof shall thereupon become a part of the
respective storm water control facility or highway system of
the city or town.
A county may transfer to any other governmental agency
the ownership, operation and maintenance of any open space,
park, recreation and community facility acquired by the
county pursuant to this chapter, which lies wholly or partly
within such governmental agency, pursuant to an agreement
entered into between the legislative bodies of the county and
such governmental agency: PROVIDED, That such transfer
shall be subject to the condition that either such facility shall
continue to be used for the same purposes or that other equivalent facilities within the county shall be conveyed to the
county in exchange therefor. [1970 ex.s. c 30 § 5; 1967 c 109
§ 5.]
36.89.060
36.89.060 Powers and authority are supplemental.
The powers and authority conferred upon governmental
agencies under the provisions of this chapter, shall be construed as in addition and supplemental to powers or authority
conferred by any other law, and nothing contained herein
shall be construed as limiting any other powers or authority
of such governmental agencies. [1967 c 109 § 6.]
36.89.062
36.89.062 Power and authority of counties are supplemental. The power and authority conferred upon counties
by this chapter and RCW 86.12.020 shall be in addition and
supplemental to those already granted and shall not limit any
[Title 36 RCW—page 285]
36.89.065
Title 36 RCW: Counties
other powers or authority of such counties. [1970 ex.s. c 30
§ 13.]
[2003 c 394 § 3; 1998 c 74 § 1; 1995 c 124 § 1; 1970 ex.s. c
30 § 7.]
Sewerage, water, and drainage systems: Chapter 36.94 RCW.
36.89.065 Lien for delinquent charges. The county
shall have a lien for delinquent charges, including interest,
penalties, and costs of foreclosure thereon, against any property against which they were levied for the purposes authorized by this chapter, which lien shall be superior to all other
liens and encumbrances except general taxes and local and
special assessments. Such lien shall be effective upon the
charges becoming delinquent and shall be enforced and foreclosed in the same manner as provided for sewerage liens of
cities and towns by RCW 35.67.200 through 35.67.290.
However, a county may, by resolution or ordinance, adopt all
or any part of the alternative interest rate, lien, and foreclosure procedures as set forth in RCW 36.89.092 through
36.89.094 or 36.94.150, or chapters 84.56, 84.60, and 84.64
RCW. [2007 c 295 § 4; 1991 c 36 § 1; 1987 c 241 § 1; 1970
ex.s. c 30 § 8. Formerly RCW 36.89.090.]
36.89.065
36.89.080 Storm water control facilities—Rates and
charges—Limitations—Use. (1) Subject to subsections (2)
and (3) of this section, any county legislative authority may
provide by resolution for revenues by fixing rates and
charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any
storm water control facility or contributing to an increase of
surface water runoff. In fixing rates and charges, the county
legislative authority may in its discretion consider:
(a) Services furnished or to be furnished;
(b) Benefits received or to be received;
(c) The character and use of land or its water runoff characteristics;
(d) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user;
(e) Income level of persons served or provided benefits
under this chapter, including senior citizens and disabled persons; or
(f) Any other matters which present a reasonable difference as a ground for distinction.
(2) The rate a county may charge under this section for
storm water control facilities shall be reduced by a minimum
of ten percent for any new or remodeled commercial building
that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the
available roof surface of the building. The jurisdiction shall
consider rate reductions in excess of ten percent dependent
upon the amount of rainwater harvested.
(3) Rates and charges authorized under this section may
not be imposed on lands taxed as forest land under chapter
84.33 RCW or as timber land under chapter 84.34 RCW.
(4) The service charges and rates collected shall be
deposited in a special fund or funds in the county treasury to
be used only for the purpose of paying all or any part of the
cost and expense of maintaining and operating storm water
control facilities, all or any part of the cost and expense of
planning, designing, establishing, acquiring, developing,
constructing and improving any of such facilities, or to pay or
secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.
36.89.080
[Title 36 RCW—page 286]
36.89.085 Storm water control facilities—Public
property subject to rates and charges. Except as otherwise
provided in RCW 90.03.525, any public entity and public
property, including the state of Washington and state property, shall be subject to rates and charges for storm water control facilities to the same extent private persons and private
property are subject to such rates and charges that are
imposed by counties pursuant to RCW 36.89.080. In setting
these rates and charges, consideration may be made of inkind services, such as stream improvements or donation of
property. [1986 c 278 § 57; 1983 c 315 § 3.]
36.89.085
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025,
35.92.021, and 36.94.145.
Additional notes found at www.leg.wa.gov
36.89.092 Storm water control facilities—Alternative interest rate on delinquent charges. Any county may
provide, by resolution or ordinance, that delinquent storm
water service charges bear interest at a rate of twelve percent
per annum, computed on a monthly basis, in lieu of the interest rate provided for in RCW 35.67.200. [1987 c 241 § 2.]
36.89.092
36.89.093 Storm water control facilities—Alternative procedures for lien on delinquent charges. Any
county may, by resolution or ordinance, provide that the
storm water service charge lien shall be effective for a total
not to exceed one year’s delinquent service charges without
the necessity of any writing or recording of the lien with the
county auditor, in lieu of the provisions provided for in RCW
35.67.210. [1987 c 241 § 3.]
36.89.093
36.89.094 Storm water control facilities—Alternative foreclosure procedures on lien on delinquent charges.
Any county may, by resolution or ordinance, provide that an
action to foreclose a storm water service charge lien may be
commenced after three years from the date storm water service charges become delinquent, in lieu of the provisions provided for in RCW 35.67.230. [1987 c 241 § 4.]
36.89.094
36.89.100 Storm water control facilities—Revenue
bonds. (1) Any county legislative authority may authorize
the issuance of revenue bonds to finance any storm water
control facility. Such bonds may be issued by the county legislative authority in the same manner as prescribed in RCW
36.67.510 through 36.67.570. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030.
Each revenue bond shall state on its face that it is payable
from a special fund, naming such fund and the resolution creating the fund.
Revenue bond principal, interest, and all other related
necessary expenses shall be payable only out of the appropriate special fund or funds. Revenue bonds shall be payable
36.89.100
(2010 Ed.)
Southwest Washington Fair
36.90.020
from the revenues of the storm water control facility being
financed by the bonds, a system of these facilities and, if so
provided, from special assessments, installments thereof, and
interest and penalties thereon, levied in one or more utility
local improvement districts authorized by *this 1981 act.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 100; 1981 c 313 § 20; 1970 ex.s.
c 30 § 9.]
36.89.900 Effective date—1967 c 109. This chapter
shall take effect on June 9, 1967. [1967 c 109 § 9.]
*Reviser’s note: For codification of "this 1981 act" [1981 c 313], see
Codification Tables, Volume 0.
36.89.911 Severability—1970 ex.s. c 30. If any provision of this 1970 amendatory act or its application to any person or circumstance is held invalid, the remainder of this
1970 amendatory act or the application of the provision to
other persons or circumstances shall not be affected. [1970
ex.s. c 30 § 12.]
Additional notes found at www.leg.wa.gov
36.89.110 Storm water control facilities—Utility
local improvement districts—Assessments. A county may
create utility local improvement districts for the purpose of
levying and collecting special assessments on property specially benefited by one or more storm water control facilities.
The provisions of RCW 36.94.220 through 36.94.300 concerning the formation of utility local improvement districts
and the fixing, levying, collecting and enforcing of special
assessments apply to utility local improvement districts
authorized by this section. [1981 c 313 § 21.]
36.89.110
Additional notes found at www.leg.wa.gov
36.89.120 Storm water control facilities—Annexation, incorporation of area by city or town—Imposition
of rates and charges by county. Whenever a city or town
annexes an area, or a city or town incorporates an area, and
the county has issued revenue bonds or general obligation
bonds to finance storm water control facilities that are payable in whole or in part from rates or charges imposed in the
area, the county shall continue imposing all portions of the
rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the
annexation or official date of the incorporation until: (1) The
debt is retired; (2) any debt that is issued to refinance the
underlying debt is retired; or (3) the city or town reimburses
the county amount that is sufficient to retire that portion of
the debt borne by the annexed or incorporated area. The
county shall construct all facilities included in the storm
water plan intended to be financed by the proceeds of such
bonds. If the county provides storm water management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the
county for the payment of debt service.
The provisions of this section apply whether or not the
bonds finance facilities that are geographically located within
the area that is annexed or incorporated. [1993 c 361 § 1.]
36.89.120
36.89.130 Cooperative watershed management. In
addition to the authority provided in RCW 36.89.030, a
county may, as part of maintaining a system of storm water
control facilities, participate in and expend revenue on cooperative watershed management actions, including watershed
management partnerships under RCW 39.34.210 and other
intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 10.]
36.89.130
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
(2010 Ed.)
36.89.900
36.89.910 Severability—1967 c 109. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1967 c 109 § 7.]
36.89.910
36.89.911
Chapter 36.90
Chapter 36.90 RCW
SOUTHWEST WASHINGTON FAIR
Sections
36.90.010
36.90.020
36.90.030
36.90.040
36.90.050
36.90.070
Control of property.
Fair commission abolished—Rights, duties, and obligations
devolved upon Lewis county commissioners—Property
vested in Lewis county.
Administration of fair—Appointment of designee or commission—Organization of commission—Funds.
Fair deemed county and district fair and agricultural fair.
Acquisition, improvement, control of property.
Conveyance of property to Lewis county for fair purposes.
36.90.010 Control of property. The property of the
Southwest Washington Fair Association including the buildings and structures thereon, as constructed or as may be built
or constructed from time to time, or any alterations or additions thereto, shall be under the jurisdiction of Lewis county.
That property will be under the management and control of
the board of county commissioners of Lewis county or that
board’s designee. [1998 c 107 § 1; 1973 1st ex.s. c 97 § 1;
1963 c 4 § 36.90.010. Prior: 1913 c 47 § 2; RRS § 2746.]
36.90.010
Additional notes found at www.leg.wa.gov
36.90.020 Fair commission abolished—Rights,
duties, and obligations devolved upon Lewis county commissioners—Property vested in Lewis county. The southwest Washington fair commission heretofore established and
authorized under the provisions of this chapter is abolished
and all rights, duties and obligations of such commission is
devolved upon the board of county commissioners of Lewis
county and title to or all interest in real estate, choses in
action and all other assets, including but not limited to assignable contracts, cash, deposits in county funds (including any
interest or premiums thereon), equipment, buildings, facilities, and appurtenances thereto held as of the date of passage
of this 1973 amendatory act by or for the commission shall,
on *the effective date of this 1973 amendatory act vest in
Lewis county. [1973 1st ex.s. c 97 § 2; 1963 c 4 § 36.90.020.
Prior: 1959 c 34 § 1; 1913 c 47 § 3; RRS § 2747; prior: 1909
c 237 § 4.]
36.90.020
*Reviser’s note: "the effective date of this 1973 amendatory act" [1973
1st ex.s. c 97] was July 16, 1973.
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 287]
36.90.030
Title 36 RCW: Counties
36.90.030 Administration of fair—Appointment of
designee or commission—Organization of commission—
Funds. The board of county commissioners in the county of
Lewis as administrators of all property relating to the southwest Washington fair may elect to appoint either (1) a designee, whose operation and funds the board may control and
oversee, to carry out the board’s duties and obligations as set
forth in RCW 36.90.020, or (2) a commission of citizens to
advise and assist in carrying out such fair. The chair of the
board of county commissioners of Lewis county may elect to
serve as chair of any such commission. Such commission
may elect a president and secretary and define their duties
and fix their compensation, and provide for the keeping of its
records. The commission may also designate the treasurer of
Lewis county as fair treasurer. The funds relating to fair
activities shall be kept separate and apart from the funds of
Lewis county, but shall be deposited in the regular depositaries of Lewis county and all interest earned thereby shall be
added to and become a part of the funds. Fair funds shall be
audited as are other county funds. [2009 c 549 § 4149; 1998
c 107 § 2; 1973 1st ex.s. c 97 § 3; 1963 c 4 § 36.90.030. Prior:
1913 c 47 § 4; RRS § 2748.]
36.90.030
Additional notes found at www.leg.wa.gov
36.90.040 Fair deemed county and district fair and
agricultural fair. The southwest Washington fair shall be
deemed a county and district fair for the purposes of chapter
15.76 RCW as well as an agricultural fair for the purpose of
receiving allocations of funds under RCW 15.76.140 through
15.76.165. [1973 1st ex.s. c 97 § 4; 1963 c 4 § 36.90.040.
Prior: 1913 c 47 § 5; RRS § 2749.]
36.90.040
Additional notes found at www.leg.wa.gov
36.90.050 Acquisition, improvement, control of
property. The Lewis county board of county commissioners
may acquire by gift, exchange, devise, lease, or purchase, real
property for southwest Washington fair purposes and may
construct and maintain temporary or permanent improvements suitable and necessary for the purpose of holding and
maintaining the southwest Washington fair. Any such property deemed surplus by the board may be (1) sold at private
sale after notice in a local publication of general circulation,
or (2) exchanged for other property after notice in a local
publication of general circulation, under Lewis county property management regulations. [1998 c 107 § 3; 1973 1st ex.s.
c 97 § 5; 1963 c 4 § 36.90.050. Prior: 1959 c 34 § 2.]
36.90.050
Additional notes found at www.leg.wa.gov
36.90.070 Conveyance of property to Lewis county
for fair purposes. Upon payment to the state of Washington
by Lewis county of the sum of one dollar, which sum shall be
deposited in the general fund when received by the treasurer
of the state of Washington, such treasurer is authorized and
directed to certify to the governor and secretary of state that
such payment has been made on the following described
property presently utilized for southwest Washington fair
purposes situated in Lewis county, Washington: "Beginning
at the intersection of the south line of section Seventeen (17)
Township Fourteen (14) North of Range Two (2) West of
W.M. with the West right-of-way line of the Somerville con-
sent Road, and running thence North 15 degrees 20 feet East
along the West line of said Road, Eleven Hundred Forty-four
(1144) feet, thence North 2 degrees 33 feet West along the
said west line Seventy-four and four-tenths (74.4) feet,
thence west on a line parallel with the said south line of said
Section Seventeen (17) Eleven Hundred Sixty-seven and two
tenths (1167.2) feet to within one hundred fifty (150) feet to
the Center line of the Northern Pacific Railroad, thence south
16 degrees 20 feet West on a line parallel with and one hundred fifty (150) feet distant Easterly from the Center line of
the Northern Pacific Railroad Eleven Hundred and Thirtyfive and seven-tenths (1135.7) feet, thence East on a line parallel with and Eighty-seven and three-tenths (87.3) feet north
of the south line of said section seventeen (17) eight hundred
fifty-seven (857) feet, thence south 74 degrees 40 feet East
three hundred thirty (330) feet to the point of beginning, containing thirty (30) acres in Section Seventeen (17) Township
Fourteen (14) North of Range Two (2) West of W.M." and
the governor is thereby authorized and directed forthwith to
execute and the secretary of state is authorized and directed to
attest to a deed conveying said lands to Lewis county, Washington. The office of the attorney general and the commissioner of public lands shall offer any necessary assistance in
carrying out such conveyance. [1973 1st ex.s. c 97 § 6.]
Additional notes found at www.leg.wa.gov
Chapter 36.92 RCW
COUNTY CENTRAL SERVICES DEPARTMENT
Chapter 36.92
Sections
36.92.010
36.92.020
36.92.030
36.92.040
36.92.050
36.92.060
36.92.070
36.92.080
36.92.900
Purpose.
Definitions.
County central services department—Created—Supervisor.
Central services fund.
Comprehensive data processing use plan—Utilization of
equipment.
Appointment of assistants.
Charges for services—Duties of county treasurer.
Services limited to department.
Severability—1967 ex.s. c 103.
36.92.010 Purpose. The purpose of this chapter is to
provide county officials of each county with a modern
approach to the common problems encountered by said officers in accounting, record keeping, and problem solving,
thereby effectuating economies in county government.
It is further the intent of this chapter that the constitutional autonomy of the various county officers be preserved
while providing such officials with a centralized department
to perform ministerial functions for them on the most modern
and efficient machines available. [1967 ex.s. c 103 § 2.]
36.92.010
36.90.070
[Title 36 RCW—page 288]
36.92.020 Definitions. As used in this chapter, the following words shall have the meanings ascribed herein:
(1) "Services department" shall mean the county central
services department, established in accordance with the provisions of this chapter.
(2) "Board" shall mean the board of county commissioners.
(3) "Automatic data processing" or "ADP" shall mean
that method of processing information using mechanical or
electronic machines, guided by predetermined instructions to
produce information in usable form, and shall include but not
36.92.020
(2010 Ed.)
Local Governmental Organization—Boundaries—Review Boards
be limited to electronic accounting machines, electronic data
processing machines, and computers.
(4) "Electronic accounting machines" or "EAM" shall
mean that method of ADP utilizing punch cards or unit record
equipment.
(5) "Electronic data processing" or "EDP" shall include
that system which comprises a combination of equipment or
unites to provide input of source data, storage and processing
of data and output in predetermined form, including a central
processing unit (CPU) or main frame.
(6) "Computer" shall mean any device that is capable of
solving problems and supplying results by accepting data and
performing prescribed operations. It shall include analog or
digital, general purpose or special purpose computers.
(7) "Copy" or "micro-copy" shall mean photographic,
photostatic, photomechanical or other copy process.
It is the intent of this chapter that the definitions contained in subsections (3) through (7) of this section shall be
construed in the broadest possible interpretation in order that
new and modern equipment and methods as they become
available shall be included therein. [1967 ex.s. c 103 § 3.]
36.92.030 County central services department—Created—Supervisor. By resolution, the board of county commissioners may create a county central services department
which shall be organized and function as any other department of the county. When a board creates a central services
department, it shall also provide for the appointment of a
supervisor to be the administrative head of such department,
subject to the supervision and control of the board, and to
serve at the pleasure of the board. The supervisor shall
receive such salary as may be prescribed by the board. In
addition, the supervisor shall be reimbursed for traveling and
other actual and necessary expenses incurred by him or her in
the performance of his or her official duties. [2009 c 549 §
4150; 1967 ex.s. c 103 § 4.]
36.92.030
36.92.040 Central services fund. When a central services department is created, the board shall establish a central
services fund for the payment of all costs of conducting those
services for which such department was organized and annually budget therefor. It may make transfers into the central
services fund from the current expense fund and receive
funds for such purposes from other departments and recipients of such services. [1967 ex.s. c 103 § 5.]
36.92.040
Chapter 36.93
In relation to said equipment the services department
shall perform any ministerial services authorized by the
board and requested by the various officers and departments
of the county. In this connection, it is the intent of this chapter
that the services department be authorized to utilize such
equipment to the highest degree consistent with the purposes
of this chapter and not inconsistent with constitutional powers and duties of such officers.
The services department is also authorized to utilize such
equipment for the purpose of problem solving when such
problem solving is of a ministerial rather than a discretionary
nature. [1967 ex.s. c 103 § 6.]
36.92.060 Appointment of assistants. The supervisor
shall have the authority to appoint, subject to the approval of
the board, such clerical and other assistants as may be
required and authorized for the proper discharge of the functions of the services department. [1967 ex.s. c 103 § 7.]
36.92.060
36.92.070 Charges for services—Duties of county
treasurer. The board of county commissioners shall fix the
terms and charges for services rendered by the central services department pursuant to this chapter, which amounts
shall be credited as income to the appropriate account within
the central services fund and charged on a monthly basis
against the account of the recipient for whom such services
were performed. Moneys derived from the activities of the
central services department shall be disbursed from the central services fund by the county treasurer by warrants on
vouchers duly authorized by the board. [1967 ex.s. c 103 §
8.]
36.92.070
36.92.080 Services limited to department. When a
board of county commissioners creates a central services
department pursuant to RCW 36.92.030, the ministerial services to be performed by such department in connection with
automatic data processing shall not thereafter be performed
by any other officer or employee of said county. [1967 ex.s.
c 103 § 9.]
36.92.080
36.92.900 Severability—1967 ex.s. c 103. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1967 ex.s. c 103 § 10.]
36.92.900
Chapter 36.93 RCW
LOCAL GOVERNMENTAL ORGANIZATION—
BOUNDARIES—REVIEW BOARDS
Chapter 36.93
36.92.050 Comprehensive data processing use plan—
Utilization of equipment. Services departments created
pursuant to this chapter shall initially draw a comprehensive
data processing use plan. It shall establish levels of service to
be performed by the department and shall establish levels of
service required by using agencies. Before proceeding with
purchase, lease or acquisition of the data processing equipment, the comprehensive data processing use plan shall be
adopted by the board.
When established by the board, the services department
may perform the service functions relating to accounting,
record keeping, and micro-copy by the utilization of automatic data processing and micro-copy equipment.
36.92.050
(2010 Ed.)
Sections
36.93.010
36.93.020
36.93.030
36.93.040
36.93.051
36.93.061
36.93.063
Purpose.
Definitions.
Creation of boundary review boards in counties with populations of two hundred ten thousand or more—Creation in
other counties.
Dates upon which boards in counties with populations of less
than two hundred ten thousand deemed established.
Appointment of board—Members—Terms—Qualifications.
Boards in counties with populations of less than one million—
Members—Terms—Qualifications.
Selection of board members—Procedure—Commencement of
term—Vacancies.
[Title 36 RCW—page 289]
36.93.010
36.93.067
36.93.070
36.93.080
36.93.090
36.93.093
36.93.100
36.93.105
36.93.110
36.93.116
36.93.120
36.93.130
36.93.140
36.93.150
36.93.153
36.93.155
36.93.157
36.93.160
36.93.170
36.93.180
36.93.185
36.93.190
36.93.200
36.93.210
36.93.220
36.93.230
36.93.800
36.93.900
36.93.910
Title 36 RCW: Counties
Effect of failure to make appointment.
Chair, vice chair, chief clerk—Powers and duties of board and
chief clerk—Meetings—Hearings—Counsel—Compensation.
Expenditures—Remittance of costs to counties.
Filing notice of proposed actions with board.
Copy of notice of intention by water-sewer district to be sent
officials.
Review of proposed actions by board—Procedure.
Actions not subject to review by board.
When review not necessary.
Simultaneous consideration of incorporation and annexation
of territory.
Fees.
Notice of intention—Contents.
Pending actions not affected.
Review of proposed actions—Actions and determinations of
board—Disapproval, effect.
Review of proposed incorporation in county with boundary
review board.
Annexation approval—Other action not authorized.
Decisions to be consistent with growth management act.
Hearings—Notice—Record—Subpoenas—Decision of
board—Appellate review.
Factors to be considered by board—Incorporation proceedings
exempt from state environmental policy act.
Objectives of boundary review board.
Objectives of boundary review board—Water-sewer district
annexations, mergers—Territory not adjacent to district.
Decision of board not to affect existing franchises, permits,
codes, ordinances, etc., for ten years.
Rules and regulations—Adoption procedure.
Rules and regulations—Filing—Permanent register.
Provisions of prior laws superseded by chapter.
Power to disband boundary review board.
Application of chapter to merged special purpose districts.
Effective date—1967 c 189.
Severability—1967 c 189.
36.93.010 Purpose. The legislature finds that in metropolitan areas of this state, experiencing heavy population
growth, increased problems arise from rapid proliferation of
municipalities and haphazard extension of and competition to
extend municipal boundaries. These problems affect
adversely the quality and quantity and cost of municipal services furnished, the financial integrity of certain municipalities, the consistency of local regulations, and many other
incidents of local government. Further, the competition
among municipalities for unincorporated territory and the
disorganizing effect thereof on land use, the preservation of
property values and the desired objective of a consistent comprehensive land use plan for populated areas, makes it appropriate that the legislature provide a method of guiding and
controlling the creation and growth of municipalities in metropolitan areas so that such problems may be avoided and
that residents and businesses in those areas may rely on the
logical growth of local government affecting them. [1967 c
189 § 1.]
36.93.010
36.93.020 Definitions. As used herein:
(1) "Governmental unit" means any incorporated city or
town, metropolitan municipal corporation, or any special purpose district as defined in this section.
(2) "Special purpose district" means any water-sewer
district, fire protection district, drainage improvement district, drainage and diking improvement district, flood control
zone district, irrigation district, metropolitan park district,
drainage district, or public utility district engaged in water
distribution.
36.93.020
[Title 36 RCW—page 290]
(3) "Board" means a boundary review board created by
or pursuant to this chapter. [1999 c 153 § 44; 1979 ex.s. c 30
§ 5; 1967 c 189 § 2.]
Additional notes found at www.leg.wa.gov
36.93.030 Creation of boundary review boards in
counties with populations of two hundred ten thousand or
more—Creation in other counties. (1) There is hereby created and established in each county with a population of two
hundred ten thousand or more a board to be known and designated as a "boundary review board".
(2) A boundary review board may be created and established in any other county in the following manner:
(a) The county legislative authority may, by majority
vote, adopt a resolution establishing a boundary review
board; or
(b) A petition seeking establishment of a boundary
review board signed by qualified electors residing in the
county equal in number to at least five percent of the votes
cast in the county at the last county general election may be
filed with the county auditor.
Upon the filing of such a petition, the county auditor
shall examine the same and certify to the sufficiency of the
signatures thereon. No person may withdraw his or her name
from a petition after it has been filed with the auditor. Within
thirty days after the filing of such petition, the county auditor
shall transmit the same to the county legislative authority,
together with his or her certificate of sufficiency.
After receipt of a valid petition for the establishment of a
boundary review board, the county legislative authority shall
submit the question of whether a boundary review board
should be established to the electorate at the next primary or
general election according to RCW 29A.04.321. Notice of
the election shall be given as provided in RCW 29A.52.351
and shall include a clear statement of the proposal to be submitted.
If a majority of the persons voting on the proposition
shall vote in favor of the establishment of the boundary
review board, such board shall thereupon be deemed established. [2006 c 344 § 28; 1991 c 363 § 91; 1969 ex.s. c 111 §
1; 1967 c 189 § 3.]
36.93.030
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.040 Dates upon which boards in counties with
populations of less than two hundred ten thousand
deemed established. For the purposes of this chapter, each
county with a population of less than two hundred ten thousand shall be deemed to have established a boundary review
board on and after the date a proposition for establishing the
same has been approved at an election as provided for in
RCW 36.93.030, or on and after the date of adoption of a resolution of the county legislative authority establishing the
same as provided for in RCW 36.93.030. [1991 c 363 § 92;
1967 c 189 § 4.]
36.93.040
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2010 Ed.)
Local Governmental Organization—Boundaries—Review Boards
36.93.051 Appointment of board—Members—
Terms—Qualifications. The boundary review board in
each county with a population of one million or more shall
consist of eleven members chosen as follows:
(1) Three persons shall be appointed by the governor;
(2) Three persons shall be appointed by the county
appointing authority;
(3) Three persons shall be appointed by the mayors of
the cities and towns located within the county; and
(4) Two persons shall be appointed by the board from
nominees of special districts in the county.
The governor shall designate one initial appointee to
serve a term of two years, and two initial appointees to serve
terms of four years, if the appointments are made in an oddnumbered year, or one initial appointee to serve a term of one
year, and two initial appointees to serve terms of three years,
if the appointments are made in an even-numbered year, with
the length of the term being calculated from the first day of
February in the year the appointment was made.
The county appointing authority shall designate one of
its initial appointees to serve a term of two years, and two of
its initial appointees to serve terms of four years, if the
appointments are made in an odd-numbered year, or one of
its initial appointees to serve a term of one year, and two of its
initial appointees to serve terms of three years, if the appointments are made in an even-numbered year, with the length of
the term being calculated from the first day of February in the
year the appointment was made.
The mayors making the initial city and town appointments shall designate two of their initial appointees to serve
terms of two years, and one of their initial appointees to serve
a term of four years, if the appointments are made in an oddnumbered year, or two of their initial appointees to serve
terms of one year, and one of their initial appointees to serve
a term of three years, if the appointments are made in an
even-numbered year, with the length of the term being calculated from the first day of February in the year the appointment was made.
The board shall make two initial appointments from the
nominees of special districts, with one appointee serving a
term of four years and one initial appointee serving a term of
two years, if the appointments are made in an odd-numbered
year, or one initial appointee serving a term of three years and
one initial appointee serving a term of one year if the appointments are made in an even-numbered year, with the length of
the term being calculated from the first day of March in the
year in which the appointment is made.
After the initial appointments, all appointees shall serve
four-year terms.
No appointee may be an official or employee of the
county or a governmental unit in the county, or a consultant
or advisor on a contractual or regular retained basis of the
county, any governmental unit in the county, or any agency
or association thereof. [1991 c 363 § 93; 1989 c 84 § 17.]
36.93.051
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.061 Boards in counties with populations of less
than one million—Members—Terms—Qualifications.
The boundary review board in each county with a population
36.93.061
(2010 Ed.)
36.93.063
of less than one million shall consist of five members chosen
as follows:
(1) Two persons shall be appointed by the governor;
(2) One person shall be appointed by the county appointing authority;
(3) One person shall be appointed by the mayors of the
cities and towns located within the county; and
(4) One person shall be appointed by the board from
nominees of special districts in the county.
The governor shall designate one initial appointee to
serve a term of two years, and one initial appointee to serve a
term of four years, if the appointments are made in an oddnumbered year, or one initial appointee to serve a term of one
year, and one initial appointee to serve a term of three years,
if the appointments are made in an even-numbered year, with
the length of a term being calculated from the first day of
February in the year that the appointment was made.
The initial appointee of the county appointing authority
shall serve a term of two years, if the appointment is made in
an odd-numbered year, or a term of one year, if the appointment is made in an even-numbered year. The initial appointee
by the mayors shall serve a term of four years, if the appointment is made in an odd-numbered year, or a term of three
years, if the appointment is made in an even-numbered year.
The length of the term shall be calculated from the first day in
February in the year the appointment was made.
The board shall make one initial appointment from the
nominees of special districts to serve a term of two years if
the appointment is made in an odd-numbered year, or a term
of one year if the appointment is made in an even-numbered
year, with the length of the term being calculated from the
first day of March in the year in which the appointment is
made.
After the initial appointments, all appointees shall serve
four-year terms.
No appointee may be an official or employee of the
county or a governmental unit in the county, or a consultant
or advisor on a contractual or regular retained basis of the
county, any governmental unit in the county, or any agency
or association thereof. [1991 c 363 § 94; 1989 c 84 § 18.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.063 Selection of board members—Procedure—Commencement of term—Vacancies. The executive of the county shall make the appointments under RCW
36.93.051 and 36.93.061 for the county, if one exists, or otherwise the county legislative authority shall make the
appointments for the county.
The mayors of all cities and towns in the county shall
meet on or before the last day of January in each odd-numbered year to make such appointments for terms to commence on the first day of February in that year. The date of
the meeting shall be called by the mayor of the largest city or
town in the county, and the mayor of the largest city or town
in the county who attends the meeting shall preside over the
meeting. Selection of each appointee shall be by simple
majority vote of those mayors who attend the meeting.
Any special district in the county may nominate a person
to be appointed to the board on or before the last day of January in each odd-numbered year that the term for this position
36.93.063
[Title 36 RCW—page 291]
36.93.067
Title 36 RCW: Counties
expires. The board shall make its appointment of a nominee
or nominees from the special districts during the month of
February following the date by which such nominations are
required to be made.
The county appointing authority and the mayors of cities
and towns within the county shall make their initial appointments for newly created boards within sixty days of the creation of the board or shall make sufficient additional appointments to increase a five-member board to an eleven-member
board within sixty days of the date the county obtains a population of one million or more. The board shall make its initial appointment or appointments of board members from the
nominees of special districts located within the county within
ninety days of the creation of the board or shall make an additional appointment of a board member from the nominees of
special districts located within the county within ninety days
of the date the county obtains a population of one million or
more.
The term of office for all appointees other than the
appointee from the special districts shall commence on the
first day of February in the year in which the term is to commence. The term of office for the appointee from nominees of
special districts shall commence on the first day of March in
the year in which the term is to commence.
Vacancies on the board shall be filled by appointment of
a person to serve the remainder of the term in the same manner that the person whose position is vacant was filled. [1991
c 363 § 95; 1989 c 84 § 19.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.067 Effect of failure to make appointment.
Whenever appointments under RCW 36.93.051 through
*36.93.065 have not been made by the appointing authority,
the size of the board shall be considered to be reduced by one
member for each position that remains vacant or unappointed. [1989 c 84 § 21.]
36.93.067
*Reviser’s note: RCW 36.93.065 was repealed by 1999 c 124 § 1.
36.93.070 Chair, vice chair, chief clerk—Powers and
duties of board and chief clerk—Meetings—Hearings—
Counsel—Compensation. The members of each boundary
review board shall elect from its members a chair, vice chair,
and shall employ a nonmember as chief clerk, who shall be
the secretary of the board. The board shall determine its own
rules and order of business and shall provide by resolution for
the time and manner of holding all regular or special meetings: PROVIDED, That all meetings shall be subject to
chapter 42.30 RCW. The board shall keep a journal of its
proceedings which shall be a public record. A majority of all
the members shall constitute a quorum for the transaction of
business.
The chief clerk of the board shall have the power to
administer oaths and affirmations, certify to all official acts,
issue subpoenas to any public officer or employee ordering
him or her to testify before the board and produce public
records, papers, books or documents. The chief clerk may
invoke the aid of any court of competent jurisdiction to carry
out such powers.
The board by rule may provide for hearings by panels of
members consisting of not less than five board members, the
36.93.070
[Title 36 RCW—page 292]
number of hearing panels and members thereof, and for the
impartial selection of panel members. A majority of a panel
shall constitute a quorum thereof.
At the request of the board, the state attorney general, or
at the board’s option, the county prosecuting attorney, shall
provide counsel for the board.
The planning departments of the county, other counties,
and any city, and any state or regional planning agency shall
furnish such information to the board at its request as may be
reasonably necessary for the performance of its duties.
Each member of the board shall be compensated from
the county current expense fund at the rate of fifty dollars per
day, or a major portion thereof, for time actually devoted to
the work of the boundary review board. Each board of
county commissioners shall provide such funds as shall be
necessary to pay the salaries of the members and staff, and
such other expenses as shall be reasonably necessary. [2009
c 549 § 4151; 1997 c 77 § 1; 1987 c 477 § 1; 1967 c 189 § 7.]
36.93.080 Expenditures—Remittance of costs to
counties. Expenditures by the board shall be subject to the
provisions of chapter 36.40 RCW and other statutes relating
to expenditures by counties. The *department of community,
trade, and economic development shall on a quarterly basis
remit to each county one-half of the actual costs incurred by
the county for the operation of the boundary review board
within individual counties as provided for in this chapter.
However, in the event no funds are appropriated to the said
agency for this purpose, this shall not in any way affect the
operation of the boundary review board. [1995 c 399 § 44;
1985 c 6 § 7; 1969 ex.s. c 111 § 4; 1967 c 189 § 8.]
36.93.080
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
36.93.090 Filing notice of proposed actions with
board. Whenever any of the following described actions are
proposed in a county in which a board has been established,
the initiators of the action shall file within one hundred eighty
days a notice of intention with the board: PROVIDED, That
when the initiator is the legislative body of a governmental
unit, the notice of intention may be filed immediately following the body’s first acceptance or approval of the action. The
board may review any such proposed actions pertaining to:
(1) The: (a) Creation, incorporation, or change in the
boundary, other than a consolidation, of any city, town, or
special purpose district; (b) consolidation of special purpose
districts, but not including consolidation of cities and towns;
or (c) dissolution or disincorporation of any city, town, or
special purpose district, except that a board may not review
the dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the
provisions of chapter 36.96 RCW: PROVIDED, That the
change in the boundary of a city or town arising from the
annexation of contiguous city or town owned property held
for a public purpose shall be exempted from the requirements
of this section; or
(2) The assumption by any city or town of all or part of
the assets, facilities, or indebtedness of a special purpose district which lies partially within such city or town; or
(3) The establishment of or change in the boundaries of a
mutual water and sewer system or separate sewer system by
36.93.090
(2010 Ed.)
Local Governmental Organization—Boundaries—Review Boards
a water-sewer district pursuant to RCW 57.08.065 or *chapter 57.40 RCW; or
(4) The extension of permanent water or sewer service
outside of its existing service area by a city, town, or special
purpose district. The service area of a city, town, or special
purpose district shall include all of the area within its corporate boundaries plus, (a) for extensions of water service, the
area outside of the corporate boundaries which it is designated to serve pursuant to a coordinated water system plan
approved in accordance with RCW 70.116.050; and (b) for
extensions of sewer service, the area outside of the corporate
boundaries which it is designated to serve pursuant to a comprehensive sewerage plan approved in accordance with chapter 36.94 RCW and RCW 90.48.110. [1996 c 230 § 1608;
1995 c 131 § 1; 1987 c 477 § 2; 1985 c 281 § 28; 1982 c 10 §
7. Prior: 1981 c 332 § 9; 1981 c 45 § 2; 1979 ex.s. c 5 § 12;
1971 ex.s. c 127 § 1; 1969 ex.s. c 111 § 5; 1967 c 189 § 9.]
*Reviser’s note: Chapter 57.40 RCW was repealed and/or decodified
in its entirety.
Consolidation of cities and towns—Role of boundary review board: RCW
35.10.450.
Additional notes found at www.leg.wa.gov
36.93.093 Copy of notice of intention by water-sewer
district to be sent officials. Whenever a water-sewer district
files with the board a notice of intention as required by RCW
36.93.090, the board shall send a copy of such notice of intention to the legislative authority of the county wherein such
action is proposed to be taken and one copy to the state
department of ecology. [1999 c 153 § 45; 1971 ex.s. c 127 §
2.]
36.93.093
Additional notes found at www.leg.wa.gov
36.93.100 Review of proposed actions by board—
Procedure. The board shall review and approve, disapprove,
or modify any of the actions set forth in RCW 36.93.090
when any of the following shall occur within forty-five days
of the filing of a notice of intention:
(1) Three members of a five-member boundary review
board or five members of a boundary review board in a
county with a population of one million or more files a
request for review: PROVIDED, That the members of the
boundary review board shall not be authorized to file a
request for review of the following actions:
(a) The incorporation of any special district or change in
the boundary of any city, town, or special purpose district;
(b) The extension of permanent water service outside of
its existing corporate boundaries by a city, town, or special
purpose district if (i) the extension is through the installation
of water mains of six inches or less in diameter or (ii) the
county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan
under RCW 36.70A.040 and has by a majority vote waived
the authority of the board to initiate review of all other extensions; or
(c) The extension of permanent sewer service outside of
its existing corporate boundaries by a city, town, or special
purpose district if (i) the extension is through the installation
of sewer mains of eight inches or less in diameter or (ii) the
county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan
36.93.100
(2010 Ed.)
36.93.110
under RCW 36.70A.040 and has by a majority vote waived
the authority of the board to initiate review of all other extensions;
(2) Any governmental unit affected, including the governmental unit for which the boundary change or extension of
permanent water or sewer service is proposed, or the county
within which the area of the proposed action is located, files
a request for review of the specific action;
(3) A petition requesting review is filed and is signed by:
(a) Five percent of the registered voters residing within
the area which is being considered for the proposed action (as
determined by the boundary review board in its discretion
subject to immediate review by writ of certiorari to the superior court); or
(b) An owner or owners of property consisting of five
percent of the assessed valuation within such area;
(4) The majority of the members of boundary review
boards concur with a request for review when a petition
requesting the review is filed by five percent of the registered
voters who deem themselves affected by the action and reside
within one-quarter mile of the proposed action but not within
the jurisdiction proposing the action.
If a period of forty-five days shall elapse without the
board’s jurisdiction having been invoked as set forth in this
section, the proposed action shall be deemed approved.
If a review of a proposal is requested, the board shall
make a finding as prescribed in RCW 36.93.150 within one
hundred twenty days after the filing of such a request for
review. If this period of one hundred twenty days shall elapse
without the board making a finding as prescribed in RCW
36.93.150, the proposal shall be deemed approved unless the
board and the person who submitted the proposal agree to an
extension of the one hundred twenty day period. [1994 c 216
§ 13; 1992 c 162 § 1; 1991 c 363 § 96; 1989 c 84 § 3; 1987 c
477 § 3; 1983 c 76 § 1; 1982 c 220 § 1; 1967 c 189 § 10.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
36.93.105 Actions not subject to review by board.
The following actions shall not be subject to potential review
by a boundary review board:
(1) Annexations of territory to a water-sewer district pursuant to RCW 36.94.410 through 36.94.440;
(2) Revisions of city or town boundaries pursuant to
RCW 35.21.790 or 35A.21.210;
(3) Adjustments to city or town boundaries pursuant to
RCW 35.13.340; and
(4) Adjustments to city and town boundaries pursuant to
RCW 35.13.300 through 35.13.330. [1999 c 153 § 46; 1989
c 84 § 4; 1984 c 147 § 5.]
36.93.105
Additional notes found at www.leg.wa.gov
36.93.110 When review not necessary. Where an area
proposed for annexation is less than ten acres and less than
two million dollars in assessed valuation, the chair of the
review board may by written statement declare that review by
the board is not necessary for the protection of the interest of
the various parties, in which case the board shall not review
36.93.110
[Title 36 RCW—page 293]
36.93.116
Title 36 RCW: Counties
such annexation. [2009 c 549 § 4152; 1987 c 477 § 4; 1973
1st ex.s. c 195 § 42; 1967 c 189 § 11.]
Additional notes found at www.leg.wa.gov
36.93.116 Simultaneous consideration of incorporation and annexation of territory. A boundary review board
may simultaneously consider the proposed incorporation of a
city or town, and the proposed annexation of a portion of the
territory included in the proposed incorporation, if the resolution or petition initiating the annexation is adopted or filed
ninety or fewer days after the petition proposing the incorporation was filed. [1994 c 216 § 9.]
36.93.116
Additional notes found at www.leg.wa.gov
36.93.120 Fees. A fee of fifty dollars shall be paid by all
initiators and in addition if the jurisdiction of the review
board is invoked pursuant to RCW 36.93.100, the person or
entity seeking review, except for the boundary review board
itself, shall pay to the county treasurer and place in the county
current expense fund the fee of two hundred dollars. [1987 c
477 § 5; 1969 ex.s. c 111 § 6; 1967 c 189 § 12.]
36.93.120
36.93.130 Notice of intention—Contents. The notice
of intention shall contain the following information:
(1) The nature of the action sought;
(2) A brief statement of the reasons for the proposed
action;
(3) The legal description of the boundaries proposed to
be created, abolished or changed by such action: PROVIDED, That the legal description may be altered, with concurrence of the initiators of the proposed action, if a person
designated by the county legislative authority as one who has
expertise in legal descriptions makes a determination that the
legal description is erroneous; and
(4) A county assessor’s map on which the boundaries
proposed to be created, abolished or changed by such action
are designated: PROVIDED, That at the discretion of the
boundary review board a map other than the county assessor’s map may be accepted. [1987 c 477 § 6; 1969 ex.s. c 111
§ 7; 1967 c 189 § 13.]
36.93.130
36.93.140 Pending actions not affected. Actions
described in RCW 36.93.090 which are pending July 1, 1967,
or actions in counties with populations of less than two hundred ten thousand which are pending on the date of the creation of a boundary review board therein, shall not be
affected by the provisions of this chapter. Actions shall be
deemed pending on and after the filing of sufficient petitions
initiating the same with the appropriate public officer, or the
performance of an official act initiating the same. [1991 c
363 § 97; 1967 c 189 § 14.]
36.93.140
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.150 Review of proposed actions—Actions and
determinations of board—Disapproval, effect. The board,
upon review of any proposed action, shall take such of the
following actions as it deems necessary to best carry out the
intent of this chapter:
(1) Approve the proposal as submitted.
36.93.150
[Title 36 RCW—page 294]
(2) Subject to RCW 35.02.170, modify the proposal by
adjusting boundaries to add or delete territory. However, any
proposal for annexation of territory to a town shall be subject
to RCW 35.21.010 and the board shall not add additional territory, the amount of which is greater than that included in the
original proposal. Any modifications shall not interfere with
the authority of a city, town, or special purpose district to
require or not require preannexation agreements, covenants,
or petitions. A board shall not modify the proposed incorporation of a city with an estimated population of seven thousand five hundred or more by removing territory from the
proposal, or adding territory to the proposal, that constitutes
ten percent or more of the total area included within the proposal before the board. However, a board shall remove territory in the proposed incorporation that is located outside of
an urban growth area or is annexed by a city or town, and may
remove territory in the proposed incorporation if a petition or
resolution proposing the annexation is filed or adopted that
has priority over the proposed incorporation, before the area
is established that is subject to this ten percent restriction on
removing or adding territory. A board shall not modify the
proposed incorporation of a city with a population of seven
thousand five hundred or more to reduce the territory in such
a manner as to reduce the population below seven thousand
five hundred.
(3) Determine a division of assets and liabilities between
two or more governmental units where relevant.
(4) Determine whether, or the extent to which, functions
of a special purpose district are to be assumed by an incorporated city or town, metropolitan municipal corporation, or
another existing special purpose district.
(5) Disapprove the proposal except that the board shall
not have jurisdiction: (a) To disapprove the dissolution or
disincorporation of a special purpose district which is not
providing services but shall have jurisdiction over the determination of a division of the assets and liabilities of a dissolved or disincorporated special purpose district; (b) over
the division of assets and liabilities of a special purpose district that is dissolved or disincorporated pursuant to chapter
36.96 RCW; nor (c) to disapprove the incorporation of a city
with an estimated population of seven thousand five hundred
or more, but the board may recommend against the proposed
incorporation of a city with such an estimated population.
Unless the board disapproves a proposal, it shall be presented under the appropriate statute for approval of a public
body and, if required, a vote of the people. A proposal that
has been modified shall be presented under the appropriate
statute for approval of a public body and if required, a vote of
the people. If a proposal, other than that for a city, town, or
special purpose district annexation, after modification does
not contain enough signatures of persons within the modified
area, as are required by law, then the initiating party, parties
or governmental unit has thirty days after the modification
decision to secure enough signatures to satisfy the legal
requirement. If the signatures cannot be secured then the proposal may be submitted to a vote of the people, as required by
law.
The addition or deletion of property by the board shall
not invalidate a petition which had previously satisfied the
sufficiency of signature provisions of RCW 35.13.130 or
35A.14.120. When the board, after due proceedings held, dis(2010 Ed.)
Local Governmental Organization—Boundaries—Review Boards
approves a proposed action, such proposed action shall be
unavailable, the proposing agency shall be without power to
initiate the same or substantially the same as determined by
the board, and any succeeding acts intended to or tending to
effectuate that action shall be void, but such action may be
reinitiated after a period of twelve months from date of disapproval and shall again be subject to the same consideration.
The board shall not modify or deny a proposed action
unless there is evidence on the record to support a conclusion
that the action is inconsistent with one or more of the objectives under RCW 36.93.180. Every such determination to
modify or deny a proposed action shall be made in writing
pursuant to a motion, and shall be supported by appropriate
written findings and conclusions, based on the record. [1994
c 216 § 15; 1990 c 273 § 1; 1987 c 477 § 7; 1979 ex.s. c 5 §
13; 1975 1st ex.s. c 220 § 10; 1969 ex.s. c 111 § 8; 1967 c 189
§ 15.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Additional notes found at www.leg.wa.gov
36.93.153 Review of proposed incorporation in
county with boundary review board. The proposed incorporation of any city or town that includes territory located in
a county in which a boundary review board exists shall be
reviewed by the boundary review board and action taken as
described under RCW 36.93.150. [1994 c 216 § 10.]
36.93.153
Additional notes found at www.leg.wa.gov
36.93.155 Annexation approval—Other action not
authorized. Boundary review board approval, or modification and approval, of a proposed annexation by a city, town,
or special purpose district shall authorize annexation as
approved and shall not authorize any other annexation action.
[1989 c 84 § 16.]
36.93.155
36.93.157 Decisions to be consistent with growth
management act. The decisions of a boundary review board
located in a county that is required or chooses to plan under
RCW 36.70A.040 must be consistent with RCW 36.70A.020,
36.70A.110, and 36.70A.210. [1992 c 162 § 2.]
36.93.157
36.93.160 Hearings—Notice—Record—Subpoenas—Decision of board—Appellate review. (1) When the
jurisdiction of the boundary review board has been invoked,
the board shall set the date, time and place for a public hearing on the proposal. The board shall give at least thirty days’
advance written notice of the date, time and place of the hearing to the governing body of each governmental unit having
jurisdiction within the boundaries of the territory proposed to
be annexed, formed, incorporated, disincorporated, dissolved
or consolidated, or within the boundaries of a special district
whose assets and facilities are proposed to be assumed by a
city or town, and to the governing body of each city within
three miles of the exterior boundaries of the area and to the
proponent of the change. Notice shall also be given by publication in any newspaper of general circulation in the area of
the proposed boundary change at least three times, the last
publication of which shall be not less than five days prior to
the date set for the public hearing. Notice shall also be posted
36.93.160
(2010 Ed.)
36.93.160
in ten public places in the area affected for five days when the
area is ten acres or more. When the area affected is less than
ten acres, five notices shall be posted in five public places for
five days. Notice as provided in this subsection shall include
any territory which the board has determined to consider adding in accordance with RCW 36.93.150(2).
(2) A verbatim record shall be made of all testimony presented at the hearing and upon request and payment of the
reasonable costs thereof, a copy of the transcript of the testimony shall be provided to any person or governmental unit.
(3) The chair upon majority vote of the board or a panel
may direct the chief clerk of the boundary review board to
issue subpoenas to any public officer to testify, and to compel
the production by him or her of any records, books, documents, public records or public papers.
(4) Within forty days after the conclusion of the final
hearing on the proposal, the board shall file its written decision, setting forth the reasons therefor, with the board of
county commissioners and the clerk of each governmental
unit directly affected. The written decision shall indicate
whether the proposed change is approved, rejected or modified and, if modified, the terms of the modification. The written decision need not include specific data on every factor
required to be considered by the board, but shall indicate that
all standards were given consideration. Dissenting members
of the board shall have the right to have their written dissents
included as part of the decision.
(5) Unanimous decisions of the hearing panel or a decision of a majority of the members of the board shall constitute the decision of the board and shall not be appealable to
the whole board. Any other decision shall be appealable to
the entire board within ten days. Appeals shall be on the
record, which shall be furnished by the appellant, but the
board may, in its sole discretion, permit the introduction of
additional evidence and argument. Decisions shall be final
and conclusive unless within thirty days from the date of the
action a governmental unit affected by the decision or any
person owning real property or residing in the area affected
by the decision files in the superior court a notice of appeal.
The filing of the notice of appeal within the time limit
shall stay the effective date of the decision of the board until
such time as the appeal shall have been adjudicated or withdrawn. On appeal the superior court shall not take any evidence other than that contained in the record of the hearing
before the board.
(6) The superior court may affirm the decision of the
board or remand the case for further proceedings; or it may
reverse the decision if any substantial rights may have been
prejudiced because the administrative findings, inferences,
conclusions, or decisions are:
(a) In violation of constitutional provisions, or
(b) In excess of the statutory authority or jurisdiction of
the board, or
(c) Made upon unlawful procedure, or
(d) Affected by other error of law, or
(e) Unsupported by material and substantial evidence in
view of the entire record as submitted, or
(f) Clearly erroneous.
An aggrieved party may seek appellate review of any final
judgment of the superior court in the manner provided by law
as in other civil cases. [2009 c 549 § 4153; 1994 c 216 § 16;
[Title 36 RCW—page 295]
36.93.170
Title 36 RCW: Counties
1988 c 202 § 40; 1987 c 477 § 8; 1971 c 81 § 97; 1969 ex.s. c
111 § 9; 1967 c 189 § 16.]
General corporate powers—Towns, restrictions as to area: RCW 35.21.010.
Additional notes found at www.leg.wa.gov
36.93.170 Factors to be considered by board—Incorporation proceedings exempt from state environmental
policy act. In reaching a decision on a proposal or an alternative, the board shall consider the factors affecting such proposal, which shall include, but not be limited to the following:
(1) Population and territory; population density; land
area and land uses; comprehensive plans and zoning, as
adopted under chapter 35.63, 35A.63, or 36.70 RCW; comprehensive plans and development regulations adopted under
chapter 36.70A RCW; applicable service agreements entered
into under chapter 36.115 or 39.34 RCW; applicable interlocal annexation agreements between a county and its cities;
per capita assessed valuation; topography, natural boundaries
and drainage basins, proximity to other populated areas; the
existence and preservation of prime agricultural soils and
productive agricultural uses; the likelihood of significant
growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most
desirable future location of community facilities;
(2) Municipal services; need for municipal services;
effect of ordinances, governmental codes, regulations and
resolutions on existing uses; present cost and adequacy of
governmental services and controls in area; prospects of governmental services from other sources; probable future needs
for such services and controls; probable effect of proposal or
alternative on cost and adequacy of services and controls in
area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights of all affected
governmental units; and
(3) The effect of the proposal or alternative on adjacent
areas, on mutual economic and social interests, and on the
local governmental structure of the county.
The provisions of chapter 43.21C RCW, State Environmental Policy, shall not apply to incorporation proceedings
covered by chapter 35.02 RCW. [1997 c 429 § 39; 1989 c 84
§ 5; 1986 c 234 § 33; 1982 c 220 § 2; 1979 ex.s. c 142 § 1;
1967 c 189 § 17.]
36.93.170
Incorporation proceedings exempt from state environmental policy act:
RCW 43.21C.220.
Additional notes found at www.leg.wa.gov
36.93.180 Objectives of boundary review board. The
decisions of the boundary review board shall attempt to
achieve the following objectives:
(1) Preservation of natural neighborhoods and communities;
(2) Use of physical boundaries, including but not limited
to bodies of water, highways, and land contours;
(3) Creation and preservation of logical service areas;
(4) Prevention of abnormally irregular boundaries;
(5) Discouragement of multiple incorporations of small
cities and encouragement of incorporation of cities in excess
of ten thousand population in heavily populated urban areas;
(6) Dissolution of inactive special purpose districts;
36.93.180
[Title 36 RCW—page 296]
(7) Adjustment of impractical boundaries;
(8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; and
(9) Protection of agricultural and rural lands which are
designated for long term productive agricultural and resource
use by a comprehensive plan adopted by the county legislative authority. [1989 c 84 § 6; 1981 c 332 § 10; 1979 ex.s. c
142 § 2; 1967 c 189 § 18.]
Additional notes found at www.leg.wa.gov
36.93.185 Objectives of boundary review board—
Water-sewer district annexations, mergers—Territory
not adjacent to district. The proposal by a water-sewer district to annex territory that is not adjacent to the district shall
not be deemed to be violative of the objectives of a boundary
review board solely due to the fact that the territory is not
adjacent to the water-sewer district. The proposed consolidation or merger of two or more water-sewer districts that are
not adjacent to each other shall not be deemed to be violative
of the objectives of a boundary review board solely due to the
fact that the districts are not adjacent. [1999 c 153 § 47; 1989
c 308 § 13.]
36.93.185
Additional notes found at www.leg.wa.gov
36.93.190 Decision of board not to affect existing
franchises, permits, codes, ordinances, etc., for ten years.
For a period of ten years from the date of the final decision,
no proceeding, approval, action, or decision on a proposal or
an alternative shall be deemed to cancel any franchise or permit theretofore granted by the authorities governing the territory to be annexed, nor shall it be deemed to supersede the
application as to any territory to be annexed, of such construction codes and ordinances (including but not limited to
fire, electrical, and plumbing codes and ordinances) as shall
have been adopted by the authorities governing the territory
to be annexed and in force at the time of the decision. [1967
c 189 § 19.]
36.93.190
36.93.200 Rules and regulations—Adoption procedure. Each review board shall adopt rules governing the formal and informal procedures prescribed or authorized by this
chapter. Such rules may state the qualifications of persons for
practice before the board. Such rules shall also include rules
of practice before the board, together with forms and instructions.
To assist interested persons dealing with it, each board
shall so far as deemed practicable supplement its rules with
descriptive statements of its procedures.
Prior to the adoption of any rule authorized by law, or the
amendment or repeal thereof, the board shall file notice
thereof with the clerk of the court of the county in which the
board is located. So far as practicable, the board shall also
publish or otherwise circulate notice of its intended action
and afford interested persons opportunity to submit data or
views either orally or in writing. Such notice shall include (1)
a statement of the time, place, and nature of public rule-making proceedings, (2) reference to the authority under which
the rule is proposed, and (3) either the terms or substance of
36.93.200
(2010 Ed.)
Sewerage, Water, and Drainage Systems
the proposed rule or a description of the subjects and issues
involved.
This paragraph shall not apply to interpretative rules,
general statements of policy, or rules of internal board organization, procedure or practice. [1967 c 189 § 20.]
36.94.070
36.93.210 Rules and regulations—Filing—Permanent register. Each board shall file forthwith with the clerk
of the court a certified copy of all rules and regulations
adopted. The clerk shall keep a permanent register of such
rules open to public inspection. [1967 c 189 § 21.]
36.94.130
36.94.140
36.94.080
36.94.090
36.94.100
36.94.110
36.94.120
36.93.210
36.93.220 Provisions of prior laws superseded by
chapter. Whenever a review board has been created pursuant to the terms of this chapter, the provisions of law relating
to city annexation review boards set forth in chapter 35.13
RCW and the powers granted to the boards of county commissioners to alter boundaries of proposed annexations or
incorporations shall not be applicable. [1967 c 189 § 22.]
36.93.220
36.93.230 Power to disband boundary review board.
When a county and the cities and towns within the county
have adopted a comprehensive plan and consistent development regulations pursuant to the provisions of chapter
36.70A RCW, the county may, at the discretion of the county
legislative authority, disband the boundary review board in
that county. [1991 sp.s. c 32 § 22.]
36.93.230
36.94.145
36.94.150
36.94.160
36.94.170
36.94.180
36.94.190
36.94.200
36.94.210
36.94.220
36.94.225
36.94.230
36.94.232
36.94.235
36.94.240
Additional notes found at www.leg.wa.gov
36.94.250
36.93.800 Application of chapter to merged special
purpose districts. This chapter does not apply to the merger
of irrigation districts authorized under RCW 87.03.530(2)
and 87.03.845 through 87.03.855 or to the merger of a drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district into an
irrigation district authorized by RCW 87.03.720 through
87.03.745 and 85.08.830 through 85.08.890. [1996 c 313 §
2; 1993 c 235 § 10.]
36.93.800
36.93.900 Effective date—1967 c 189. The effective
date of this chapter is July 1, 1967. [1967 c 189 § 24.]
36.94.260
36.94.270
36.94.280
36.94.290
36.94.300
36.94.305
36.93.900
36.94.310
36.94.320
36.93.910 Severability—1967 c 189. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1967 c 189 § 23.]
36.93.910
Chapter 36.94 RCW
SEWERAGE, WATER, AND DRAINAGE SYSTEMS
Chapter 36.94
36.94.330
36.94.340
36.94.350
36.94.360
36.94.370
36.94.380
Sections
36.94.010
36.94.020
36.94.030
36.94.040
36.94.050
36.94.060
(2010 Ed.)
Definitions.
Purpose—Powers.
Adoption of sewerage and/or water general plan as element of
comprehensive plan.
Incorporation of provisions of comprehensive plan in general
plan.
Review committee—Composition—Submission of plan or
amendment to.
Review committee—Chair, secretary—Rules—Quorum—
Compensation of members.
36.94.390
36.94.400
36.94.410
36.94.420
Chapter 36.94
Review committee—Review of plan or amendments thereto—
Report.
Hearing by board—Notice—Filing general plan.
Adoption, amendment or rejection of plan.
Submission of plan or amendments thereto to certain state
departments—Approval.
Adherence to plan—Procedure for amendment.
Establishment of department for administration of system—
Personnel merit system.
Adoption of rules and regulations.
Authority of county to operate system—Rates and charges,
fixing of—Factors to be considered—Assistance for lowincome persons.
Public property subject to rates and charges for storm water
control facilities.
Lien for delinquent charges.
Tax on gross revenues authorized.
Authority of municipal corporations—Relinquishment of.
Transfer of system upon annexation or incorporation of area.
Contracts with other entities.
Indebtedness—Bonds.
Pledge for payment of principal and interest on revenue or
general obligation bonds.
Local improvement districts and utility local improvement districts—Establishment—Special assessments.
Exemption of farm and agricultural land from special benefit
assessments.
Local improvement districts and utility local improvement districts—Initiation of district by resolution or petition—Publication—Notice to property owners—Contents.
Local improvement districts and utility local improvement districts—Notice must contain statement that assessments may
vary from estimates.
Local improvement districts and utility local improvement districts—Sanitary sewer or potable water facilities—Notice to
certain property owners.
Local improvement districts and utility local improvement districts—Hearing—Improvement ordered—Divestment of
power to order, time limitation—Assessment roll.
Local improvement districts and utility local improvement districts—Notice of filing roll—Hearing on protests.
Local improvement districts and utility local improvement districts—Hearing on protests—Order—Appeal.
Local improvement districts and utility local improvement districts—Enlarged local district may be formed.
Local improvement districts and utility local improvement districts—Conclusiveness of roll when approved—Adjustments to assessments if other funds become available.
Local improvement districts and utility local improvement districts—Appellate review.
Local improvement districts and utility local improvement districts—Segregation of special assessment—Fee—Costs.
Service fees for sewers not constructed within ten years after
voter approval—Credit against future assessments, service
charges.
Transfer of system from municipal corporation to county—
Authorized.
Transfer of system from municipal corporation to county—
Assumption of indebtedness.
Transfer of system from municipal corporation to county—
Transfer agreement.
Transfer of system from municipal corporation to county—
Petition for court approval of transfer—Hearing—Decree.
Transfer of system from municipal corporation to county—
Dissolution of municipal corporation.
Transfer of system from municipal corporation to county—
RCW 36.94.310 through 36.94.350 deemed alternative
method.
Waiver or delay of collection of tap-in charges, connection or
hookup fees for low income persons.
Local improvement bonds—Local improvement guaranty
fund—Payments—Assessments—Certificates of delinquency.
Local improvement bonds—Local improvement guaranty
fund—Subrogation—Interest—Purchase of real property at
foreclosure sales.
Local improvement bonds—Local improvement guaranty
fund—Claims by bondholders—Transfer of cash balance to
water and/or sewer maintenance fund.
Transfer of system from county to water-sewer district.
Transfer of system from county to water-sewer district—
Annexation—Hearing—Public notice—Operation of system.
[Title 36 RCW—page 297]
36.94.010
36.94.430
36.94.440
36.94.450
36.94.460
36.94.470
36.94.480
36.94.490
36.94.900
36.94.910
36.94.920
36.94.921
Title 36 RCW: Counties
Transfer of system from county to water-sewer district—
Alternative method.
Transfer of system from county to water-sewer district—
Decree by superior court.
Water conservation programs—Issuance of revenue bonds.
Water conservation programs—Counties authorized to provide assistance to water customers.
Storm or surface water drains or facilities—Annexation, incorporation of area by city or town—Imposition of rates and
charges by county.
Assumption of substandard water system—Limited immunity
from liability.
Cooperative watershed management.
Declaration of purpose.
Authority—Liberal construction of chapter—Modification of
inconsistent acts.
Severability—1967 c 72.
Severability—1975 1st ex.s. c 188.
Assessments and charges against state lands: Chapter 79.44 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
Storm water control facilities: RCW 36.89.080 through 36.89.110.
Water-sewer district activities to be approved—Criteria for approval by
county legislative authority: RCW 57.02.040.
36.94.010 Definitions. As used in this chapter:
(1) A "system of sewerage" means and may include any
or all of the following:
(a) Sanitary sewage collection, treatment, and/or disposal facilities and services, including without limitation onsite or off-site sanitary sewerage facilities, large on-site sewage systems defined under RCW 70.118B.010, inspection
services and maintenance services for private or public onsite systems, or any other means of sewage treatment and disposal approved by the county;
(b) Combined sanitary sewage disposal and storm or surface water drains and facilities;
(c) Storm or surface water drains, channels, and facilities;
(d) Outfalls for storm drainage or sanitary sewage and
works, plants, and facilities for storm drainage or sanitary
sewage treatment and disposal, and rights and interests in
property relating to the system;
(e) Combined water and sewerage systems;
(f) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and
programs operated by a county;
(g) Public restroom and sanitary facilities;
(h) The facilities and services authorized in RCW
36.94.020; and
(i) Any combination of or part of any or all of such facilities.
(2) A "system of water" means and includes:
(a) A water distribution system, including dams, reservoirs, aqueducts, plants, pumping stations, transmission and
lateral distribution lines and other facilities for distribution of
water;
(b) A combined water and sewerage system;
(c) Any combination of or any part of any or all of such
facilities.
(3) A "sewerage and/or water general plan" means a general plan for a system of sewerage and/or water for the county
which shall be an element of the comprehensive plan established by the county pursuant to RCW 36.70.350(6) and/or
chapter 35.63 RCW, if there is such a comprehensive plan.
36.94.010
[Title 36 RCW—page 298]
(a) A sewerage general plan shall include the general
location and description of treatment and disposal facilities,
trunk and interceptor sewers, pumping stations, monitoring
and control facilities, channels, local service areas and a general description of the collection system to serve those areas,
a description of on-site sanitary sewerage system inspection
services and maintenance services, and other facilities and
services as may be required to provide a functional and
implementable plan, including preliminary engineering to
assure feasibility. The plan may also include a description of
the regulations deemed appropriate to carrying out surface
drainage plans.
(b) A water general plan shall include the general location and description of water resources to be utilized, wells,
treatment facilities, transmission lines, storage reservoirs,
pumping stations, and monitoring and control facilities as
may be required to provide a functional and implementable
plan.
(c) Water and/or sewerage general plans shall include
preliminary engineering in adequate detail to assure technical
feasibility and, to the extent then known, shall further discuss
the methods of distributing the cost and expense of the system and shall indicate the economic feasibility of plan implementation. The plans may also specify local or lateral facilities and services. The sewerage and/or water general plan
does not mean the final engineering construction or financing
plans for the system.
(4) "Municipal corporation" means and includes any
city, town, metropolitan municipal corporation, any public
utility district which operates and maintains a sewer or water
system, any sewer, water, diking, or drainage district, any
diking, drainage, and sewerage improvement district, and any
irrigation district.
(5) A "private utility" means and includes all utilities,
both public and private, which provide sewerage and/or water
service and which are not municipal corporations within the
definition of this chapter. The ownership of a private utility
may be in a corporation, nonprofit or for profit, in a cooperative association, in a mutual organization, or in individuals.
(6) "Board" means one or more boards of county commissioners and/or the legislative authority of a home rule
charter county. [2007 c 343 § 14; 1997 c 447 § 10; 1981 c
313 § 14; 1979 ex.s. c 30 § 6; 1971 ex.s. c 96 § 1; 1967 c 72
§ 1.]
Captions and part headings not law—2007 c 343: See RCW
70.118B.900.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Additional notes found at www.leg.wa.gov
36.94.020 Purpose—Powers. The construction, operation, and maintenance of a system of sewerage and/or water
is a county purpose. Subject to the provisions of this chapter,
every county has the power, individually or in conjunction
with another county or counties to adopt, provide for, accept,
establish, condemn, purchase, construct, add to, operate, and
maintain a system or systems of sanitary and storm sewers,
including outfalls, interceptors, plans, and facilities and services necessary for sewerage treatment and disposal, and/or
system or systems of water supply within all or a portion of
the county. However, counties shall not have power to con36.94.020
(2010 Ed.)
Sewerage, Water, and Drainage Systems
demn sewerage and/or water systems of any municipal corporation or private utility.
Such county or counties shall have the authority to control, regulate, operate, and manage such system or systems
and to provide funds therefor by general obligation bonds,
revenue bonds, local improvement district bonds, utility local
improvement district or local improvement district assessments, and in any other lawful fiscal manner. Rates or
charges for on-site inspection and maintenance services may
not be imposed under this chapter on the development, construction, or reconstruction of property.
Under this chapter, after July 1, 1998, any requirements
for pumping the septic tank of an on-site sewage system
should be based, among other things, on actual measurement
of accumulation of sludge and scum by a trained inspector,
trained owner’s agent, or trained owner. Training must occur
in a program approved by the state board of health or by a
local health officer.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
A county shall not provide on-site sewage system
inspection, pumping services, or other maintenance or repair
services under this section using county employees unless the
on-site system is connected by a publicly owned collection
system to the county’s sewerage system, and the on-site system represents the first step in the sewage disposal process.
Nothing in this section shall affect the authority of a state or
local health officer to carry out their responsibilities under
any other applicable law.
A county may, as part of a system of sewerage established under this chapter, provide for, finance, and operate
any of the facilities and services and may exercise the powers
expressly authorized for county storm water, flood control,
pollution prevention, and drainage services and activities
under chapters 36.89, 86.12, 86.13, and 86.15 RCW. A
county also may provide for, finance, and operate the facilities and services and may exercise any of the powers authorized for aquifer protection areas under chapter 36.36 RCW;
for lake or beach management districts under chapter 36.61
RCW; for diking districts, and diking, drainage, and sewerage improvement districts under chapters 85.05, 85.08,
85.15, 85.16, and 85.18 RCW; and for shellfish protection
districts under chapter 90.72 RCW. However, if a county by
reference to any of those statutes assumes as part of its system of sewerage any powers granted to such areas or districts
and not otherwise available to a county under this chapter,
then (1) the procedures and restrictions applicable to those
areas or districts apply to the county’s exercise of those powers, and (2) the county may not simultaneously impose rates
and charges under this chapter and under the statutes authorizing such areas or districts for substantially the same facilities and services, but must instead impose uniform rates and
charges consistent with RCW 36.94.140. By agreement with
(2010 Ed.)
36.94.050
such an area or district that is not part of a county’s system of
sewerage, a county may operate that area’s or district’s services or facilities, but a county may not dissolve any existing
area or district except in accordance with any applicable provisions of the statute under which that area or district was created. [2008 c 301 § 25; 1997 c 447 § 11; 1981 c 313 § 1; 1967
c 72 § 2.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Additional notes found at www.leg.wa.gov
36.94.030 Adoption of sewerage and/or water general plan as element of comprehensive plan. Whenever the
county legislative authority deems it advisable and necessary
for the public health and welfare of the inhabitants of the
county to establish, purchase, acquire, and construct a system
of sewerage and/or water, or make any additions and betterments thereto, or extensions thereof, the board shall adopt a
sewerage and/or water general plan for a system of sewerage
and/or water for all or a portion of the county as deemed necessary by the board. If the county has adopted a comprehensive plan for a physical development of the county pursuant
to chapter 36.70 RCW and/or chapter 35.63 RCW, then the
sewerage and/or water general plan shall be adopted as an
element of that comprehensive plan pursuant to the applicable statute. [1981 c 313 § 15; 1967 c 72 § 3.]
36.94.030
Additional notes found at www.leg.wa.gov
36.94.040 Incorporation of provisions of comprehensive plan in general plan. The sewerage and/or water general plan must incorporate the provisions of existing comprehensive plans relating to sewerage and water systems of cities, towns, municipalities, and private utilities, to the extent
they have been implemented. [1990 1st ex.s. c 17 § 33; 1967
c 72 § 4.]
36.94.040
Additional notes found at www.leg.wa.gov
36.94.050 Review committee—Composition—Submission of plan or amendment to. Prior to the adoption of
or amendment of the sewerage and/or water general plan, the
county legislative authority (or authorities) shall submit the
plan or amendment to a review committee. The review committee shall consist of:
(1) A representative of each city with a population of ten
thousand or more within or adjoining the area selected by the
mayor thereof (if there are no such cities within the plan area,
then one representative chosen by the mayor of the city with
the largest population within the plan area);
(2) One representative chosen at large by a majority vote
of the executive officers of the other cities or towns within or
adjoining the area;
(3) A representative chosen by the executive officer or
the chair of the board, as the case may be, of each of the other
municipal corporations and private utilities serving one thousand or more sewer and/or water customers located within
the area;
(4) One representative chosen at large by a majority vote
of the executive officers and chairs of the boards, as the case
may be, of the other remaining municipal corporations within
the area;
36.94.050
[Title 36 RCW—page 299]
36.94.060
Title 36 RCW: Counties
(5) A representative of each county legislative authority
within the planned area, selected by the chair of each board or
county executive, as the case may be; and
(6) In counties where there is a metropolitan municipal
corporation operating a sewerage and/or water system in the
area, the chair of its council or such person as the chair designates.
If the legislative authority rejects the plan pursuant to
RCW 36.94.090, the review committee shall be deemed to be
dissolved; otherwise the review committee shall continue in
existence to review amendments to the plan. Vacancies on
the committee shall be filled in the same manner as the original appointment to that position.
Instead of a review committee for each plan area, the
county legislative authority or authorities may create a
review committee for the entire county or counties, and the
review committee shall continue in existence until dissolved
by the county legislative authority or authorities. [1994 c 81
§ 74; 1981 c 313 § 16; 1971 ex.s. c 96 § 2; 1967 c 72 § 5.]
Additional notes found at www.leg.wa.gov
36.94.060 Review committee—Chair, secretary—
Rules—Quorum—Compensation of members. The members of each review committee shall elect from its members a
chair and a secretary. The committee shall determine its own
rules and order of business and shall provide by resolution for
the time and manner of its proceedings which shall be a public record. A majority of all the members shall constitute a
quorum for the transaction of business.
Each member of the committee shall be compensated
from the county current expense fund at the rate of twentyfive dollars per day, or a major portion thereof, for time actually devoted to the work of the committee in reviewing any
proposed sewerage and/or water general plan or amendments
to a plan. Each board of county commissioners shall provide
such funds as shall be necessary to pay the compensation of
the members and such other expenses as shall be reasonably
necessary. Such payments shall be reimbursed to the counties advancing the funds from moneys acquired from the construction or operation of a sewerage and/or water system.
[2009 c 549 § 4154; 1971 ex.s. c 96 § 3; 1967 c 72 § 6.]
36.94.060
Additional notes found at www.leg.wa.gov
36.94.070 Review committee—Review of plan or
amendments thereto—Report. The committee shall review
the sewerage and/or water general plan or amendments
thereto and shall report to the board or boards of county commissioners within ninety days their approval or any suggested
amendments, deletions, or additions. If the committee shall
fail to report within the time, the plan or amendments thereto
shall be deemed approved. If the committee submits a report,
the board shall consider and review the committee’s report
and may adopt any recommendations suggested therein.
[1971 ex.s. c 96 § 4; 1967 c 72 § 7.]
36.94.070
must set out the full official title of the proposed resolution
adopting the plan and a statement describing the general
intent and purpose of the plan. The notice shall also include
the day, hour and place of hearing and must be given by publication in the newspaper in which legal notices of the county
are printed. Ten days prior to the hearing, three copies of the
sewerage and/or water general plan shall be filed with the
clerk of the board. The copies shall be open to public inspection. [1967 c 72 § 8.]
36.94.090 Adoption, amendment or rejection of plan.
At the hearing, the board may adopt the plan, or amend and
adopt the plan, or reject any part or all of the plan. [1967 c 72
§ 9.]
36.94.090
36.94.100 Submission of plan or amendments thereto
to certain state departments—Approval. Prior to the commencement of actual work on any plan or amendment thereto
approved by the board, it must be submitted for written
approval to the Washington department of social and health
services and to the Washington department of ecology.
[1971 ex.s. c 96 § 5; 1967 c 72 § 10.]
36.94.100
Additional notes found at www.leg.wa.gov
36.94.110 Adherence to plan—Procedure for amendment. After adoption of the sewerage and/or water general
plan, all municipal corporations and private utilities within
the plan area shall abide by and adhere to the plan for the
future development of their systems. Whenever the governing authority of any county or counties or any municipal corporation deems it to be for the public interest to amend the
sewerage and/or water general plan for such county or counties, notice shall be filed with the board or boards of county
commissioners. Upon such notice, the board or boards shall
initiate consideration of any amendment requested relating to
the plan and proceed as provided in this chapter for the adoption of an original plan. [1967 c 72 § 11.]
36.94.110
36.94.120 Establishment of department for administration of system—Personnel merit system. The board
shall establish a department in county government for the
purpose of establishing, operating and maintaining the system or systems of sewerage and/or water. In the department,
the board shall establish and provide for the operation and
maintenance of a personnel merit system for the employment,
classification, promotion, demotion, suspension, transfer,
layoff and discharge of its appointive officers and employees,
solely on the basis of merit and fitness, without regard to
political influence or affiliation. Such merit system shall not
apply to the chief administrative officer of the department
and, if the sewer and/or water utility is a division of a department having other functions, the chief administrative officer
of such utility. [1971 ex.s. c 96 § 6; 1967 c 72 § 12.]
36.94.120
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
36.94.130 Adoption of rules and regulations. The
board of county commissioners may adopt by resolution reasonable rules and regulations governing the construction,
maintenance, operation, use, connection and service of the
system of sewerage and/or water. [1967 c 72 § 13.]
36.94.130
36.94.080 Hearing by board—Notice—Filing general
plan. Before final action thereon the board shall conduct a
public hearing on the plan after ten days published notice of
hearing is given pursuant to RCW 36.32.120(7). The notice
36.94.080
[Title 36 RCW—page 300]
(2010 Ed.)
Sewerage, Water, and Drainage Systems
36.94.140 Authority of county to operate system—
Rates and charges, fixing of—Factors to be considered—
Assistance for low-income persons. (1) Every county, in
the operation of a system of sewerage and/or water, shall
have full jurisdiction and authority to manage, regulate, and
control it. Except as provided in subsection (3) of this section, every county shall have full jurisdiction and authority to
fix, alter, regulate, and control the rates and charges for the
service and facilities to those to whom such service and facilities are available, and to levy charges for connection to the
system.
(2) The rates for availability of service and facilities, and
connection charges so charged must be uniform for the same
class of customers or service and facility. In classifying customers served, service furnished or made available by such
system of sewerage and/or water, or the connection charges,
the county legislative authority may consider any or all of the
following factors:
(a) The difference in cost of service to the various customers within or without the area;
(b) The difference in cost of maintenance, operation,
repair and replacement of the various parts of the systems;
(c) The different character of the service and facilities
furnished various customers;
(d) The quantity and quality of the sewage and/or water
delivered and the time of its delivery;
(e) Capital contributions made to the system or systems,
including, but not limited to, assessments;
(f) The cost of acquiring the system or portions of the
system in making system improvements necessary for the
public health and safety;
(g) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(h) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a county may charge under this section for
storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
(4) A county may provide assistance to aid low-income
persons in connection with services provided under this chapter.
(5) The service charges and rates shall produce revenues
sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the
efficient and proper operation of the system.
(6) A connection charge under this section for service to
a manufactured housing community, as defined in RCW
59.20.030, applies to an individual lot within that community
only if the system of water or sewerage provides and maintains the connection. [2005 c 324 § 2; 2003 c 394 § 4; 1997
c 447 § 12; 1995 c 124 § 2; 1990 c 133 § 2; 1975 1st ex.s. c
188 § 2; 1967 c 72 § 14.]
36.94.140
(2010 Ed.)
36.94.150
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Findings—1990 c 133: "The legislature finds the best interests of the
citizens of the state are served if:
(1) Customers served by public water systems are assured of an adequate quantity and quality of water supply at reasonable rates;
(2) There is improved coordination between state agencies engaged in
water system planning and public health regulation and local governments
responsible for land use regulation and public health and safety;
(3) Public water systems in violation of health and safety standards
adopted under RCW 43.20.050 remain in operation and continue providing
water service providing that public health is not compromised, assuming a
suitable replacement purveyor is found and deficiencies are corrected in an
expeditious manner consistent with public health and safety; and
(4) The state address[es], in a systematic and comprehensive fashion,
new operating requirements which will be imposed on public water systems
under the federal Safe Drinking Water Act." [1990 c 133 § 1.]
Additional notes found at www.leg.wa.gov
36.94.145 Public property subject to rates and
charges for storm water control facilities. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state
property, shall be subject to rates and charges for storm water
control facilities to the same extent private persons and private property are subject to such rates and charges that are
imposed by counties pursuant to RCW 36.94.140. In setting
these rates and charges, consideration may be made of inkind services, such as stream improvements or donation of
property. [1986 c 278 § 58; 1983 c 315 § 4.]
36.94.145
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025,
35.92.021, and 36.89.085.
Additional notes found at www.leg.wa.gov
36.94.150 Lien for delinquent charges. All counties
operating a system of sewerage and/or water shall have a lien
for delinquent connection charges and charges for the availability of sewerage and/or water service, together with interest fixed by resolution at eight percent per annum from the
date due until paid. Penalties of not more than ten percent of
the amount due may be imposed in case of failure to pay the
charges at times fixed by resolution. The lien shall be for all
charges, interest, and penalties and shall attach to the premises to which the services were available. The lien shall be
superior to all other liens and encumbrances, except general
taxes and local and special assessments of the county.
The county department established in RCW 36.94.120
shall certify periodically the delinquencies to the auditor of
the county at which time the lien shall attach.
Upon the expiration of sixty days after the attachment of
the lien, the county may bring suit in foreclosure by civil
action in the superior court of the county where the property
is located. Costs associated with the foreclosure of the lien,
including but not limited to advertising, title report, and personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by statute, the court may allow the county a reasonable
attorney’s fee. The lien shall be foreclosed in the same manner as the foreclosure of real property tax liens. [1997 c 393
§ 9; 1975 1st ex.s. c 188 § 3; 1967 c 72 § 15.]
36.94.150
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 301]
36.94.160
Title 36 RCW: Counties
36.94.160 Tax on gross revenues authorized. The
county shall have the power to levy a tax on the system of
sewerage and/or water operated by the county or counties as
authorized by this chapter, not to exceed eight percent per
annum, on the gross revenues, to be paid to the county’s general fund for payment of all costs of planning, financing, construction and operation of the system. [1967 c 72 § 16.]
36.94.160
36.94.170 Authority of municipal corporations—
Relinquishment of. The primary authority to construct,
operate and maintain a system of sewerage and/or water
within the boundaries of a municipal corporation which lies
within the area of the county’s sewerage and/or water general
plan shall remain with such municipal corporation. A county,
after it has adopted and received the necessary approvals of
its sewer and/or water general plan under the provisions of
chapter 36.94 RCW may construct, own, operate and maintain a system of sewerage and/or water within the boundaries
of a city or town with the written consent of such city or town
and within any other municipal corporation provided such
municipal corporation (1) has the legislative authority to
operate such a utility; and (2)(a) has given its written consent
to the county to operate therein; or (b) after adoption of a
comprehensive plan or an amendment thereto for the area
involved, the municipal corporation has not within twelve
months after receiving notice by the county of its intention to
serve that area held a formation hearing for a utility local
improvement district.
Prior to exercising any authority granted in this section,
the county shall compensate such municipal corporation for
its reasonable costs, expenses and obligations actually
incurred or contracted which are directly related to and which
benefit the area which the county proposes to serve. The
county may contract with a municipal corporation to furnish
such utility service within any municipal corporation.
Except in the case of annexations provided for in RCW
36.94.180, once a county qualifies under this section to serve
within a municipal corporation, no municipal corporation
may construct or operate a competing utility in the same territory to be served by the county if the county proceeds
within a reasonable period of time with the construction of its
proposed facilities including the sale of any bonds to finance
the same.
As may be permitted by other statutes, a city or town
may provide water or sewer service outside of its corporate
limits, but such service may not conflict with the county plan
or any county, sewer or water facilities installed or being
installed.
A county proposing to exercise any authority granted in
this section shall give written notice of such intention to the
municipal corporation involved and to the boundary review
board, if any, of such county. Within sixty days of the filing
of such notice of intention, review by the boundary review
board of the proposed action may be requested as provided by
the provisions of RCW 36.93.100 through 36.93.180. In the
event of such review, the board shall consider the factors set
forth in this section in addition to the factors and objectives
set forth in RCW 36.93.170 and 36.93.180. [1971 ex.s. c 96
§ 7; 1967 c 72 § 17.]
36.94.170
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 302]
36.94.180 Transfer of system upon annexation or
incorporation of area. In the event of the annexation to a
city or town of an area, or incorporation of an area, in which
a county is operating a sewerage and/or water system, the
property, facilities, and equipment of such sewerage and/or
water system lying within the annexed or incorporated area
may be transferred to the city or town if such transfer will not
materially affect the operation of any of the remaining county
system, subject to the assumption by the city or town of the
county’s obligations relating to such property, facilities, and
equipment, under the procedures specified in, and pursuant to
the authority contained in, chapter 35.13A RCW. [1986 c
234 § 34; 1983 c 3 § 82; 1971 ex.s. c 96 § 8; 1967 c 72 § 18.]
36.94.180
Additional notes found at www.leg.wa.gov
36.94.190 Contracts with other entities. Every county
in furtherance of the powers granted by this chapter shall be
authorized to contract with the federal government, the state
of Washington, or any city or town, within or without the
county, and with any other county, and with any municipal
corporation as defined herein or with any other municipal
corporation created under the laws of the state of Washington
and not limited as defined in RCW 36.94.010, or political
subdivision, and with any person, firm or corporation in and
for the establishment, maintenance and operation of all or a
portion of a system or systems of sewerage and/or water supply.
The state and such city, town, person, firm, corporation,
municipal corporation and any other municipal corporation
created under the laws of the state of Washington and not
limited as defined in RCW 36.94.010, and political subdivision, is authorized to contract with a county or counties for
such purposes. [1967 c 72 § 19.]
36.94.190
36.94.200 Indebtedness—Bonds. The legislative
authority of any county is hereby authorized for the purpose
of carrying out the lawful powers granted by this chapter to
contract indebtedness and to issue and sell general obligation
bonds pursuant to and in the manner provided for general
county bonds in chapters 36.67 and 39.46 RCW and other
applicable statutes; and to issue revenue bonds pursuant to
and in the manner provided for revenue bonds in chapter
36.67 RCW and other applicable statutes. The county legislative authority may also issue local improvement district
bonds in the manner provided for cities and towns. [1984 c
186 § 35; 1983 c 167 § 101; 1981 c 313 § 2; 1967 c 72 § 20.]
36.94.200
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
36.94.210 Pledge for payment of principal and interest on revenue or general obligation bonds. The board of
county commissioners of any county in adopting and establishing a system of sewerage and/or water may set aside into
a special fund and pledge to the payment of the principal and
interest due on any county revenue bonds or general obligation bonds any sums or amounts which may accrue from the
collection of rates and charges for the private and public use
of the system or systems. [1975 1st ex.s. c 188 § 4; 1967 c 72
§ 21.]
36.94.210
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Sewerage, Water, and Drainage Systems
36.94.220
36.94.220 Local improvement districts and utility
local improvement districts—Establishment—Special
assessments. (1) A county shall have the power to establish
utility local improvement districts and local improvement
districts within the area of a sewerage and/or water general
plan and to levy special assessments under a mode of annual
installments extending over a period not exceeding twenty
years on all property specially benefited by any local
improvement on the basis of the special benefits to pay in
whole or in part the damages or costs of any improvements
ordered in such county.
(2) Utility local improvement districts and local
improvement districts may include territory within a city or
town only with the written consent of the city or town, but if
the local district is formed before such area is included within
the city or town, no such consent shall be necessary. Utility
local improvement districts and local improvement districts
used to provide sewerage disposal systems may include territory within a water-sewer district providing sewerage disposal systems only with the written consent of such a watersewer district, but if the local district is formed before such
area is included within such a water-sewer district, no consent is necessary. Utility local improvement districts and
local improvement districts used to provide water systems
may include territory within a water-sewer district providing
water systems only with the written consent of such a watersewer district, but if the local district is formed before such
area is included within such a water-sewer district, no consent is necessary.
(3) The levying, collection, and enforcement of all public
assessments hereby authorized shall be in the manner now
and hereafter provided by law for the levying, collection, and
enforcement of local improvement assessments by cities and
towns, insofar as the same shall not be inconsistent with the
provisions of this chapter. In addition, the county shall file
the preliminary assessment roll at the time and in the manner
prescribed in RCW 35.50.005. The duties devolving upon the
city or town treasurer under such laws are imposed upon the
county treasurer for the purposes of this chapter. The mode of
assessment shall be in the manner to be determined by the
county legislative authority by ordinance or resolution. As an
alternative to equal annual assessment installments of principal provided for cities and towns, a county legislative authority may provide for the payment of such assessments in equal
annual installments of principal and interest. Assessments in
any local district may be made on the basis of special benefits
up to but not in excess of the total cost of any sewerage and/or
water improvement made with respect to that local district
and the share of any general sewerage and/or water facilities
allocable to that district. In utility local improvement districts, assessments shall be deposited into the revenue bond
fund or general obligation bond fund established for the payment of bonds issued to pay such costs which bond payments
are secured in part by the pledge of assessments, except pending the issuance and sale of such bonds, assessments may be
deposited in a fund for the payment of such costs. In local
improvement districts, assessments shall be deposited into a
fund for the payment of such costs and local improvement
bonds issued to finance the same or into the local improvement guaranty fund as provided by applicable statute. [1999
(2010 Ed.)
36.94.230
c 153 § 48; 1981 c 313 § 3; 1975 1st ex.s. c 188 § 5; 1971
ex.s. c 96 § 9; 1967 c 72 § 22.]
Local improvements, supplemental authority: Chapter 35.51 RCW.
Additional notes found at www.leg.wa.gov
36.94.225 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
36.94.225
36.94.230 Local improvement districts and utility
local improvement districts—Initiation of district by resolution or petition—Publication—Notice to property
owners—Contents. Utility local improvement districts and
local improvement districts to carry out all or any portion of
the general plan, or additions and betterments thereof, may be
initiated either by resolution of the county legislative authority or by petition signed by the owners according to the
records of the office of the county assessor of at least fiftyone percent of the area of land within the limits of the local
district to be created.
In case the county legislative authority desires to initiate
the formation of a local district by resolution, it shall first
pass a resolution declaring its intention to order such
improvement, setting forth the nature and territorial extent of
such proposed improvement, designating the number of the
proposed local district, describing the boundaries thereof,
stating the estimated cost and expense of the improvement
and the proportionate amount thereof which will be borne by
the property within the proposed district, and fixing a date,
time, and place for a public hearing on the formation of the
proposed local district.
In case any such local district is initiated by petition,
such petition shall set forth the nature and territorial extent of
such proposed improvement and the fact that the signers
thereof are the owners according to the records of the county
assessor of at least fifty-one percent of the area of land within
the limits of the local district to be created. Upon the filing of
such petition with the clerk of the county legislative authority, the authority shall determine whether the same is sufficient, and the authority’s determination thereof shall be conclusive upon all persons. No person may withdraw his or her
name from said petition after the filing thereof with the clerk
of the county legislative authority. If the county legislative
authority finds the petition to be sufficient, it shall proceed to
adopt a resolution declaring its intention to order the
improvement petitioned for, setting forth the nature and territorial extent of said improvement, designating the number of
the proposed local district, describing the boundaries thereof,
stating the estimated cost and expense of the improvement
and the proportionate amount thereof which will be borne by
the property within the proposed local district, and fixing a
date, time, and place for a public hearing on the formation of
the proposed local district.
Notice of the adoption of the resolution of intention,
whether adopted on the initiative of the board or pursuant to
a petition of the property owners, shall be published in at least
two consecutive issues of a newspaper of general circulation
in the proposed local district, the date of the first publication
to be at least fifteen days prior to the date fixed by such resolution for hearing before the county legislative authority.
36.94.230
[Title 36 RCW—page 303]
36.94.232
Title 36 RCW: Counties
Notice of the adoption of the resolution of intention shall also
be given each owner or reputed owner of any lot, tract, parcel
of land, or other property within the proposed local district by
mailing said notice at least fifteen days before the date fixed
for the public hearing to the owner or reputed owner of the
property as shown on the tax rolls of the county treasurer at
the address shown thereon. The notice shall refer to the resolution of intention and designate the proposed local district
by number. Said notice shall also set forth the nature of the
proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, the estimated
amount of the cost and expense of such improvement to be
borne by the particular lot, tract, or parcel, the date, time, and
place of the hearing before the county legislative authority;
and in the case of improvements initiated by resolution, said
notice shall also state that all persons desiring to object to the
formation of the proposed district must file their written protests with the clerk of the county legislative authority before
the time fixed for said public hearing. [2002 c 168 § 2; 1981
c 313 § 4; 1971 ex.s. c 96 § 10; 1967 c 72 § 23.]
Additional notes found at www.leg.wa.gov
36.94.232 Local improvement districts and utility
local improvement districts—Notice must contain statement that assessments may vary from estimates. Any
notice given to the public or to the owners of specific lots,
tracts, or parcels of land relating to the formation of a local
improvement district or utility local improvement district
shall contain a statement that actual assessments may vary
from assessment estimates so long as they do not exceed a
figure equal to the increased true and fair value the improvement adds to the property. [1989 c 243 § 6.]
36.94.232
36.94.235 Local improvement districts and utility
local improvement districts—Sanitary sewer or potable
water facilities—Notice to certain property owners.
Whenever it is proposed that a local improvement district or
utility local improvement district finance sanitary sewers or
potable water facilities, additional notice of the public hearing on the proposed improvement district shall be mailed to
the owners of any property located outside of the proposed
improvement district that would be required as a condition of
federal housing administration loan qualification, at the time
of notice, to be connected to the specific sewer or water facilities installed by the local improvement district. The notice
shall include information about this restriction. [1987 c 315
§ 3.]
36.94.235
36.94.240 Local improvement districts and utility
local improvement districts—Hearing—Improvement
ordered—Divestment of power to order, time limitation—Assessment roll. Whether the improvement is initiated by petition or resolution, the county legislative authority
shall conduct a public hearing at the time and place designated in the notice to the property owners. At this hearing the
authority shall hear objections from any person affected by
the formation of the local district and may make such changes
in the boundaries of the district or such modifications in plans
for the proposed improvement as are deemed necessary:
PROVIDED, That the authority may not change the bound36.94.240
[Title 36 RCW—page 304]
aries of the district to include property not previously
included therein without first passing a new resolution of
intention and giving a new notice to property owners in the
manner and form and within the time herein provided for the
original notice.
After said hearing the county legislative authority has
jurisdiction to overrule protests and proceed with any such
improvement initiated by petition or resolution: PROVIDED, That the jurisdiction of the authority to proceed with
any improvement initiated by resolution shall be divested by
protests filed with the clerk of the authority prior to said public hearing signed by the owners, according to the records of
the county auditor, of at least forty percent of the area of land
within the proposed local district. No action whatsoever may
be maintained challenging the jurisdiction or authority of the
county to proceed with the improvement and creating the
local district or in any way challenging the validity thereof or
any proceedings relating thereto unless that action is served
and filed no later than thirty days after the date of passage of
the resolution ordering the improvement and creating the
local district.
If the county legislative authority finds that the district
should be formed, it shall by resolution order the improvement, adopt detailed plans of the local district and declare the
estimated cost thereof, acquire all necessary land therefor,
pay all damages caused thereby, and commence in the name
of the county such eminent domain proceedings and supplemental assessment or reassessment proceedings to pay all
eminent domain awards as may be necessary to entitle the
county to proceed with the work. The county legislative
authority shall proceed with the work and file with the county
treasurer its roll levying special assessments in the amount to
be paid by special assessment against the property situated
within the local district in proportion to the special benefits to
be derived by the property therein from the improvement.
[1981 c 313 § 5; 1971 ex.s. c 96 § 11; 1967 c 72 § 24.]
Additional notes found at www.leg.wa.gov
36.94.250
36.94.250 Local improvement districts and utility
local improvement districts—Notice of filing roll—Hearing on protests. Before the approval of the roll a notice shall
be published once a week for two consecutive weeks in a
newspaper of general circulation in the local district, stating
that the roll is on file and open to inspection in the office of
the county legislative authority, and fixing the time, not less
than fifteen or more than forty-five days from the date of the
first publication of the notice, within which protests must be
filed with the clerk against any assessments shown thereon,
and fixing a time when a hearing will be held on the protests.
The hearing shall be held before the county legislative
authority, or the county legislative authority may direct that
the hearing shall be held before either a committee of the legislative authority or a designated officer. The notice shall also
be given by mailing at least fifteen days before the hearing, a
similar notice to the owners or reputed owners of the land in
the local district as they appear on the books of the treasurer
of the county. [1981 c 313 § 17; 1967 c 72 § 25.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Sewerage, Water, and Drainage Systems
36.94.260 Local improvement districts and utility
local improvement districts—Hearing on protests—
Order—Appeal. (1) At such hearing on a protest to an
assessment, or any adjournment thereof, the county legislative authority or committee or officer shall sit as a board of
equalization. If the protest is heard by the county legislative
authority, it shall have power to correct, revise, raise, lower,
change, or modify such roll, or any part thereof, and to set
aside such roll, and order that such assessment be made de
novo, as shall appear equitable and just. If the protest is heard
by a committee or officer, the committee or officer shall
make recommendations to the county legislative authority
which shall either adopt or reject the recommendations of the
committee or officer. If a hearing is held before such a committee or officer, it shall not be necessary to hold a hearing on
the assessment roll before such legislative authority: PROVIDED, That any county providing for an officer to hear
such protests shall adopt an ordinance providing for an
appeal from a decision made by the officer that any person
protesting his or her assessment may make to the legislative
authority. The county legislative authority shall, in all
instances, approve the assessment roll by ordinance or resolution.
(2) In the event of any assessment being raised a new
notice similar to such first notice shall be given, after which
final approval of such roll may be made by the county legislative authority or committee or officer. Whenever any property has been entered originally upon such roll and the assessment upon any such property shall not be raised, no objection
thereto may be considered by the county legislative authority
or committee or officer or by any court on appeal unless such
objection be made in writing at, or prior, to the date fixed for
the original hearing upon such roll. [1981 c 313 § 18; 1967 c
72 § 26.]
36.94.260
Additional notes found at www.leg.wa.gov
36.94.270 Local improvement districts and utility
local improvement districts—Enlarged local district may
be formed. If any portion of the system after its installation
in such local district is not adequate for the purpose for which
it was intended, or that for any reason changes, alterations, or
betterments are necessary in any portion of the system after
its installation, then such district, with boundaries which may
include one or more existing local districts, may be created in
the same manner as is provided herein for the creation of
local districts. Upon the organization of such local district as
provided for in this section the plan of the improvement and
the payment of the cost of the improvement shall be carried
out in the same manner as is provided herein for the carrying
out of and the paying for the improvement in the utility local
improvement districts or local improvement districts previously provided for in this chapter. [1981 c 313 § 6; 1967 c 72
§ 27.]
36.94.270
Additional notes found at www.leg.wa.gov
36.94.280 Local improvement districts and utility
local improvement districts—Conclusiveness of roll when
approved—Adjustments to assessments if other funds
become available. Whenever any assessment roll for local
improvements has been confirmed by the county legislative
36.94.280
(2010 Ed.)
36.94.290
authority, the regularity, validity and correctness of the proceedings relating to the improvement and to the assessment
therefor, including the action of the county legislative authority upon the assessment roll and the confirmation thereof,
shall be conclusive in all things upon all parties, and cannot
in any manner be contested or questioned in any proceeding
by any person not filing written objections to the assessment
roll in the manner and within the time provided in this chapter, and not appealing from the action of the county legislative authority in confirming the assessment roll in the manner
and within the time in this chapter provided. No proceedings
of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any assessment, or the sale of
any property to pay an assessment, or any certificate of delinquency issued therefor, or the foreclosure of any lien issued
therefor: PROVIDED, That this section shall not be construed as prohibiting the bringing of injunction proceedings
to prevent the sale of any real estate upon the grounds:
(1) That the property about to be sold does not appear
upon the assessment roll, or
(2) That the assessment has been paid.
If federal, local, or state funds become available for a
local improvement after the assessment roll has been confirmed by the county legislative authority, the funds may be
used to lower the assessments on a uniform basis. Any adjustments to the assessments because of the availability of federal or state funds may be made on the next annual payment.
[1985 c 397 § 10; 1967 c 72 § 28.]
Additional notes found at www.leg.wa.gov
36.94.290
36.94.290 Local improvement districts and utility
local improvement districts—Appellate review. The decision of the board of county commissioners upon any objections made within the time and in the manner herein prescribed, may be reviewed by the superior court upon an
appeal thereto taken in the following manner. Such appeal
shall be made by filing written notice of appeal with the clerk
of the board of county commissioners and with the clerk of
the superior court within ten days after the resolution confirming such assessment roll shall have become published,
and such notice shall describe the property and set forth the
objections of such appellant to such assessment. Within the
ten days from the filing of such notice of appeal with the clerk
of the superior court, the appellant shall file with the clerk of
said court, a transcript consisting of the assessment roll and
his or her objections thereto, together with the resolution confirming such assessment roll and the record of the board of
county commissioners with reference to said assessment,
which transcript, upon payment of the necessary fees therefor, shall be furnished by such clerk of the board of county
commissioners and by him or her certified to contain full,
true and correct copies of all matters and proceedings
required to be included in such transcript. Such fees shall be
the same as the fees payable to the county clerk for the preparation and certification of transcripts on appeal to the
supreme court or the court of appeals in civil actions. At the
time of the filing of the notice of appeal with the clerk of the
superior court a sufficient bond in the penal sum of two hundred dollars, with sureties thereon as provided by law for
appeals in civil cases, shall be filed conditioned to prosecute
[Title 36 RCW—page 305]
36.94.300
Title 36 RCW: Counties
such appeal without delay, and if unsuccessful, to pay all
costs to which the county is put by reason of such appeal.
The court may order the appellant upon application therefor,
to execute and file such additional bond or bonds as the
necessity of the case may require. Within three days after
such transcript is filed in the superior court, as aforesaid, the
appellant shall give written notice to the clerk of the board of
county commissioners that such transcript is filed. Said
notice shall state a time, not less than three days from the service thereof, when the appellant will call up the said cause for
hearing. The superior court shall, at said time or at such further time as may be fixed by order of the court, hear and
determine such appeal without a jury, and such cause shall
have preference over all civil causes pending in said court,
except proceedings under an act relating to eminent domain
in such county and actions of forcible entry and detainer. The
judgment of the court shall confirm, correct, modify or annul
the assessment insofar as the same affects the property of the
appellant. A certified copy of the decision of the court shall
be filed with the officer who shall have the custody of the
assessment roll, and he or she shall modify and correct such
assessment roll in accordance with such decision. Appellate
review of the judgment of the superior court may be sought as
in other cases. However, review must be sought within fifteen days after the date of the entry of the judgment of such
superior court. The supreme court or the court of appeals on
such appeal may correct, change, modify, confirm or annul
the assessment insofar as the same affects the property of the
appellant. A certified copy of the order of the supreme court
or the court of appeals upon such appeal shall be filed with
the officer having custody of such assessment roll, who shall
thereupon modify and correct such assessment roll in accordance with such decision. [2009 c 549 § 4155; 1988 c 202 §
41; 1971 c 81 § 98; 1967 c 72 § 29.]
Rules of court: Cf. RAP 18.22.
Additional notes found at www.leg.wa.gov
36.94.300
36.94.300 Local improvement districts and utility
local improvement districts—Segregation of special
assessment—Fee—Costs. Whenever any land against
which there has been levied any special assessment by a
county shall have been sold in part or subdivided, the board
of county commissioners of such county shall have the power
to order a segregation of the assessment.
Any person desiring to have such a special assessment
against a tract of land segregated to apply to smaller parts
thereof shall apply to the board of county commissioners
which levied the assessment. If the board determines that a
segregation should be made, they shall by resolution order
the county treasurer to make segregation on the original
assessment roll as directed in the resolution. The segregation
shall be made as nearly as possible on the same basis as the
original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment
before segregation. The resolution shall describe the original
tract, the amount and date of the original assessment, and
shall define the boundaries of the divided parts and the
amount of the assessment chargeable to each part. A certified
copy of the resolution shall be delivered to the county treasurer who shall proceed to make the segregation ordered
[Title 36 RCW—page 306]
upon being tendered a fee of three dollars for each tract of
land for which a segregation is to be made. In addition to such
charge the board of county commissioners may require as a
condition to the order of segregation that the person seeking
it pay the county the reasonable engineering and clerical
costs incident to making the segregation. [1967 c 72 § 30.]
36.94.305 Service fees for sewers not constructed
within ten years after voter approval—Credit against
future assessments, service charges. See RCW 35.43.260.
36.94.305
36.94.310 Transfer of system from municipal corporation to county—Authorized. Subject to the provisions of
RCW 36.94.310 through 36.94.350 a municipal corporation
may transfer to the county within which all of its territory
lies, all or part of the property constituting its system of sewerage, system of water or combined water and sewerage system, together with any of its other real or personal property
used or useful in connection with the operation, maintenance,
repair, replacement, extension, or financing of that system,
and the county may acquire such property on such terms as
may be mutually agreed upon by the governing body of the
municipal corporation and the legislative authority of the
county, and approved by the superior court for such county.
[1975 1st ex.s. c 188 § 7.]
36.94.310
Additional notes found at www.leg.wa.gov
36.94.320 Transfer of system from municipal corporation to county—Assumption of indebtedness. In consideration of a transfer of property by a municipal corporation to
a county in the manner provided in RCW 36.94.310 through
36.94.350, a county may assume and agree to pay or provide
for the payment of all or part of the indebtedness of a municipal corporation including the payment and retirement of outstanding general obligation and revenue bonds issued by a
municipal corporation. Until the indebtedness of a municipal
corporation thus assumed by a county has been discharged,
all property within the municipal corporation and the owners
and occupants of that property, shall continue to be liable for
taxes, special assessments, and other charges legally pledged
to pay such indebtedness. The county may assume the obligation of causing the payment of such indebtedness, collecting
such taxes, assessments, and charges and observing and performing the other contractual obligations of the municipal
corporation. The legislative authority of the county may act
in the same manner as the governing body of the municipal
corporation for the purpose of certifying the amount of any
property tax to be levied and collected therein, and may cause
service and other charges and assessments to be collected
from such property or owners or occupants thereof, enforce
such collection and perform all other acts necessary to insure
performance of the contractual obligations of the municipal
corporation in the same manner and by the same means as if
the property of the municipal corporation had not been
acquired by the county.
When a county assumes the obligation of paying indebtedness of a municipal corporation and if property taxes or
assessments have been levied and service and other charges
have accrued for such purpose but have not been collected by
the municipal corporation prior to such assumption, the same
36.94.320
(2010 Ed.)
Sewerage, Water, and Drainage Systems
when collected shall belong and be paid to the county and be
used by such county so far as necessary for payment of the
indebtedness of the municipal corporation existing and
unpaid on the date such county assumed that indebtedness.
Any funds received by the county which have been collected
for the purpose of paying any bonded or other indebtedness
of the municipal corporation shall be used for the purpose for
which they were collected and for no other purpose until such
indebtedness has been paid and retired or adequate provision
has been made for such payment and retirement. No transfer
of property as provided in *this amendatory act shall derogate from the claims or rights of the creditors of the municipal corporation or impair the ability of the municipal corporation to respond to its debts and obligations. [1975 1st ex.s.
c 188 § 8.]
*Reviser’s note: For codification of "this amendatory act" [1975 1st
ex.s. c 188], see Codification Tables, Volume 0.
Additional notes found at www.leg.wa.gov
36.94.330 Transfer of system from municipal corporation to county—Transfer agreement. The governing
body of a municipal corporation proposing to transfer all or
part of its property to a county in the manner provided by
RCW 36.94.310 through 36.94.350 and the legislative
authority of a county proposing to accept such property, and
to assume if it so agrees any indebtedness of the municipal
corporation in consideration of such transfer, shall adopt resolutions or ordinances authorizing respectively the execution
of a written agreement setting forth the terms and conditions
upon which they have agreed and finding the transfer and
acquisition of property pursuant to such agreement to be in
the public interest and conducive to the public health, safety,
welfare, or convenience. Such written agreement may
include provisions, by way of description and not by way of
limitation, for the rights, powers, duties, and obligations of
such municipal corporation and county with regard to the use
and ownership of property, the providing of services, the
maintenance and operation of facilities, the allocation of
costs, the financing and construction of new facilities, the
application and use of assets, the disposition of liabilities and
indebtedness, the performance of contractual obligations, and
any other matters relating to the proposed transfer of property, which may be preceded by an interim period of operation by the county of the property and facilities subsequently
to be transferred to that county. The agreement may provide
for a period of time during which the municipal corporation
may continue to exercise certain rights, privileges, powers,
and functions authorized to it by law including the ability to
promulgate rules and regulations, to levy and collect special
assessments, rates, charges, service charges and connection
fees, and to adopt and carry out the provisions of a comprehensive plan, and amendments thereto, for a system of
improvements and to issue general obligation bonds or revenue bonds in the manner provided by law, or the agreement
may provide for the exercise for a period of time of all or
some of such rights, privileges, powers, and functions by the
county. The agreement may provide that either party thereto
may authorize, issue and sell, in the manner provided by law,
revenue bonds to provide funds for new water or sewer
improvements or to refund or advance refund any water revenue, sewer revenue or combined water and sewer revenue
36.94.330
(2010 Ed.)
36.94.350
bonds outstanding of either or both such parties. The agreement may provide that either party thereto may authorize and
issue, in the manner provided by law, general obligation or
revenue bonds of like amounts, terms, conditions and covenants as the outstanding bonds of either or both such parties
and such new bonds may be substituted or exchanged for
such outstanding bonds to the extent permitted by law. [1975
1st ex.s. c 188 § 9.]
Additional notes found at www.leg.wa.gov
36.94.340 Transfer of system from municipal corporation to county—Petition for court approval of transfer—Hearing—Decree. When a municipal corporation and
a county have entered into a written agreement providing for
the transfer to such county of all or part of the property of
such municipal corporation, proceedings may be initiated in
the superior court for that county by the filing of a petition to
which there shall be attached copies of the agreement of the
parties and of the resolutions of the governing body of the
municipal corporation and the legislative authority of the
county authorizing its execution. Such petition shall ask that
the court approve and direct the proposed transfer of property, and any assumption of indebtedness agreed to in consideration thereof by the county, after finding such transfer and
acquisition of property to be in the public interest and conducive to the public health, safety, welfare, or convenience.
Such petition shall be signed by the members of the legislative authority of the county or chief administrative officer of
the municipal corporation and the chair of the legislative
authority of the county, respectively, upon authorization by
the governing body of the municipal corporation and the legislative authority of the county.
Within thirty days after the filing of the petition of the
parties with copies of their agreement and the resolutions
authorizing its execution attached thereto, the court shall by
order fix a date for a hearing on the petition not less than
twenty nor more than ninety days after the entry of such order
which also shall prescribe the form and manner of notice of
such hearing to be given. After considering the petition and
such evidence as may be presented at the hearing thereon, the
court may determine by decree that the proposed transfer of
property is in the public interest and conducive to the public
health, safety, welfare, or convenience, approve the agreement of the parties and direct that such transfer be accomplished in accordance with that agreement at the time and in
the manner prescribed by the court decree. [2009 c 549 §
4156; 1975 1st ex.s. c 188 § 10.]
36.94.340
Additional notes found at www.leg.wa.gov
36.94.350 Transfer of system from municipal corporation to county—Dissolution of municipal corporation.
In the event the agreement of the parties provides for the
transfer to the county of all the property of the municipal corporation or all such property except bond redemption funds
in the possession of the county treasurer from which outstanding bonds of the municipal corporation are payable, and
the agreement also provides for the assumption and payment
by the county of all the indebtedness of the municipal corporation including the payment and retirement of all its outstanding bonds, and if the petition of the parties so requests,
36.94.350
[Title 36 RCW—page 307]
36.94.360
Title 36 RCW: Counties
the court in the decree approving and directing the transfer of
property, or in a subsequent decree, may dissolve the municipal corporation effective as of the time of transfer of property or at such time thereafter as the court may determine and
establish. [1975 1st ex.s. c 188 § 11.]
Additional notes found at www.leg.wa.gov
36.94.360 Transfer of system from municipal corporation to county—RCW 36.94.310 through 36.94.350
deemed alternative method. The provisions of RCW
36.94.310 through 36.94.350 shall be deemed to provide an
alternative method for the doing of the things therein authorized and shall not be construed as imposing any additional
conditions upon the exercise of any other powers vested in
municipal corporations or counties. [1975 1st ex.s. c 188 §
12.]
36.94.360
Additional notes found at www.leg.wa.gov
36.94.370 Waiver or delay of collection of tap-in
charges, connection or hookup fees for low income persons. Whenever a county waives or delays collection of tapin charges, connection fees or hookup fees for low income
persons, or class of low income persons, to connect to a system of sewerage or a system of water, the waiver or delay
shall be pursuant to a program established by ordinance.
[1980 c 150 § 2.]
36.94.370
36.94.380 Local improvement bonds—Local
improvement guaranty fund—Payments—Assessments—Certificates of delinquency. Every county adopting a water and/or sewerage general plan is hereby authorized
to create a fund for the purpose of guaranteeing, to the extent
of such fund, and in the manner hereinafter provided, the payment of all of its local improvement bonds issued, subsequent
to May 19, 1981, to pay for any water or sewerage local
improvement within its confines. Such fund shall be designated ". . . . . . County Local Improvement Guaranty Fund"
and shall be established by resolution of the county legislative authority. For the purpose of maintaining such fund,
every county, after the establishment thereof, shall at all
times set aside and pay into such a fund such proportion of
the monthly gross revenues of the water and/or sewerage system of such county as the legislative authority thereof may
direct by resolution. This proportion may be varied from time
to time as the county legislative authority deems expedient or
necessary, except that under the existence of the conditions
set forth in subsections (1) and (2) of this section, the proportion must be as therein specified.
(1) Whenever any bonds of any local improvement district have been guaranteed under RCW 36.94.380 through
36.94.400 and the guaranty fund does not have a cash balance
equal to five percent of all bonds originally guaranteed under
this chapter (excluding issues which have been retired in
full), then five percent of the gross monthly revenues derived
from all water and sewer users in the territory included in that
local improvement district (but not necessarily from users in
other parts of the county as a whole) may be set aside and
paid into the guaranty fund. Whenever, under the requirements of this subsection, the cash balance accumulates so that
it is equal to five percent of all bonds guaranteed, or to the full
36.94.380
[Title 36 RCW—page 308]
amount of all bonds guaranteed, outstanding and unpaid
(which amount might be less than five percent of the original
total guaranteed), then no further moneys need be set aside
and paid into the guaranty fund so long as that condition continues.
(2) Whenever any warrants issued against the guaranty
fund, as provided in this section, remain outstanding and
uncalled for lack of funds for six months from the date of
issuance thereof; or whenever any coupons or bonds guaranteed under this chapter have been matured for six months and
have not been redeemed either in cash or by issuance and
delivery of warrants upon the guaranty fund, then five percent of the gross monthly revenues (or such portion thereof as
the county legislative authority determines will be sufficient
to retire those warrants or redeem those coupons or bonds in
the ensuing six months) derived from all water and/or sewer
users in the county shall be set aside and paid into the guaranty fund. Whenever under the requirements of this subsection all such warrants, coupons, or bonds have been
redeemed, no further income need be set aside and paid into
the guaranty fund under the requirements of this subsection
until and unless other warrants remain outstanding and
unpaid for six months or other coupons or bonds default.
(3) For the purpose of complying with the requirements
of setting aside and paying into the local improvement guaranty fund a proportion of the monthly gross revenues of the
water supply and/or sewerage system of any county, that
county shall bind and obligate itself to maintain and operate
such system and further bind and obligate itself to establish,
maintain, and collect such rates for water as will provide
gross revenues sufficient to maintain and operate such systems and to make necessary provision for the local improvement guaranty fund as specified by this section, and the
county shall alter its rates for water or sewer service from
time to time and shall vary the same in different portions of
its territory to comply with those requirements.
(4) Whenever any coupon or bond guaranteed by RCW
36.94.380 through 36.94.400 matures and there is not sufficient funds in the appropriate local improvement district
bond redemption fund to pay the coupon or bond, then the
county treasurer shall pay the coupon or bond from the local
improvement guaranty fund of the county; if there is not sufficient funds in the guaranty fund to pay the coupon or bond,
then it may be paid by issuance and delivery of a warrant
upon the local improvement guaranty fund.
(5) Whenever the cash balance in the local improvement
guaranty fund is insufficient for the required purposes, warrants drawing interest of a rate fixed by the county legislative
authority may be issued by the county auditor against the
fund to meet any liability accrued against it and must be
issued upon demand of the holders of any maturing coupons
and/or bonds guaranteed by RCW 36.94.380 through
36.94.400, or to pay for any certificates of delinquency for
delinquent installments of assessments as provided in subsection (6) of this section. Guaranty fund warrants shall be a first
lien in their order of issuance upon the gross revenues set
aside and paid into the guaranty fund.
(6) Within twenty days after the date of delinquency of
any annual installment of assessments levied for the purpose
of paying the local improvement bonds of any county guaranteed under the provisions of this chapter, the county treasurer
(2010 Ed.)
Sewerage, Water, and Drainage Systems
shall compile a statement of all installments delinquent,
together with the amount of accrued interest and penalty
appurtenant to each of those installments. Thereupon the
county treasurer shall forthwith purchase certificates of delinquency for all such delinquent installments. Payment for all
such certificates of delinquency shall be made from the local
improvement guaranty fund, and if there is not sufficient
moneys in the fund to pay for such certificates of delinquency, the county treasurer shall accept the local improvement guaranty fund warrants in payment therefor. All such
certificates of delinquency shall be issued in the name of the
local improvement guaranty fund, and all guaranty fund warrants issued in payment therefor shall be issued in the name
of the appropriate local improvement district fund. Whenever
any market is available and the county legislative authority so
directs, the county treasurer shall sell any certificates of
delinquency belonging to the local improvement guaranty
fund, but any such sale may not be for less than face value
thereof plus accrued interest from the date of issuance to date
of sale.
Such certificates of delinquency, as above provided,
shall be issued by the county treasurer, shall bear interest at
the rate of eight percent per annum, shall be in each instance
for the face value of the delinquent installment, plus accrued
interest to date of issuance of certificate of delinquency, plus
a penalty of five percent of such face value, and shall set forth
the:
(a) Description of the property assessed;
(b) Date the installment of the assessment became delinquent; and
(c) Name of the owner or reputed owner, if known.
Such certificates of delinquency may be redeemed by the
owners of the property assessed at any time up to two years
from the date of foreclosure of such certificate of delinquency.
If any certificate of delinquency is not redeemed by the
second occurring first day of January subsequent to its issuance, the county treasurer shall then proceed to foreclose
such certificate of delinquency in the manner specified for the
foreclosure of the lien of local improvement assessments,
pursuant to the laws applicable to cities or towns; and if no
redemption is made within the succeeding two years the treasurer shall execute and deliver a deed conveying fee simple
title to the property described in the foreclosed certificate of
delinquency. [1981 c 313 § 7.]
Additional notes found at www.leg.wa.gov
36.94.390 Local improvement bonds—Local
improvement guaranty fund—Subrogation—Interest—
Purchase of real property at foreclosure sales. Whenever
there is paid out of a guaranty fund any sum on account of
principal or interest upon the local improvement bond, or on
account of purchase of certificates of delinquency, the
county, as trustee for the fund, shall be subrogated to all
rights of the holder of the bonds, or interest coupons, or delinquent assessment installments, so paid; and the proceeds
thereof, or of the assessment or assessments underlying the
same, shall become a part of the guaranty fund. There shall
also be paid into each guaranty fund the interest received
from the bank deposits of the fund, as well as any surplus
36.94.390
(2010 Ed.)
36.94.400
remaining in the local improvement funds guaranteed under
this chapter, after the payment of all outstanding bonds payable primarily out of such local improvement funds. As
among the several issues of bonds guaranteed by the fund, no
preference exists, but defaulted interest coupons and/or
bonds shall be purchased out of the fund in the order of their
presentation.
The legislative authority of every county operating under
the provisions of RCW 36.94.380 through 36.94.400 shall by
resolution prescribe appropriate rules for the guaranty fund,
not inconsistent with this chapter. So much of the money of a
guaranty fund as is necessary and is not required for other
purposes under the terms of RCW 36.94.380 through
36.94.400 may, at the discretion of the county legislative
authority, be used to purchase property at county tax foreclosure sales or from the county after foreclosure in cases where
such property is subject to unpaid local improvement assessments securing bonds guaranteed under this chapter and such
purchase is deemed necessary for the purpose of protecting
the guaranty fund. In such cases the fund shall be subrogated
to all rights of the county. After so acquiring title to real property, the county may lease or resell and convey the property
in the manner that county property is authorized to be leased
or resold and for such prices and on such terms as may be
determined by resolution of the county legislative authority.
Any provision of law to the contrary notwithstanding, all proceeds resulting from such resales belong to and shall be paid
into the guaranty fund. [1981 c 313 § 8.]
Additional notes found at www.leg.wa.gov
36.94.400 Local improvement bonds—Local
improvement guaranty fund—Claims by bondholders—
Transfer of cash balance to water and/or sewer maintenance fund. Neither the holder nor the owner of any local
improvement bonds guaranteed under the provisions of RCW
36.94.380 through 36.94.400 has any claim therefor against
the county by which the bonds are issued, except for payment
from the special assessments made for the improvement for
which the local improvement bonds were issued, and except
as against the local improvement guaranty fund of the
county; and the county is not liable to any holder or owner of
such local improvement bond for any loss to the guaranty
fund occurring in the lawful operation thereof by the county.
The remedy of the holder or owner of a local improvement
bond, in the case of nonpayment, is confined to the enforcement of the assessment and to the guaranty fund. A copy of
the foregoing part of this section shall be plainly written,
printed, or engraved on each local improvement bond guaranteed by RCW 36.94.380 through 36.94.400. The establishment of a local improvement guaranty fund by any county
shall not be deemed at variance from any water and/or sewerage general plan or amendment thereto heretofore adopted by
such county.
If any local improvement guaranty fund authorized
under RCW 36.94.380 through 36.94.400 at any time has a
cash balance, and the obligations guaranteed thereby have all
been paid off, then such balance shall be transferred to the
water and/or sewer maintenance fund of the county. [1981 c
313 § 9.]
36.94.400
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 309]
36.94.410
Title 36 RCW: Counties
36.94.410 Transfer of system from county to watersewer district. A system of sewerage, system of water or
combined water and sewerage systems operated by a county
under the authority of this chapter may be transferred from
that county to a water-sewer district in the same manner as is
provided for the transfer of those functions from a watersewer district to a county in RCW 36.94.310 through
36.94.340. [1999 c 153 § 51; 1984 c 147 § 1.]
36.94.410
Actions not subject to review by boundary review board: RCW 36.93.105.
Additional notes found at www.leg.wa.gov
36.94.420 Transfer of system from county to watersewer district—Annexation—Hearing—Public notice—
Operation of system. If so provided in the transfer agreement, the area served by the system shall, upon completion of
the transfer, be deemed annexed to and become a part of the
water-sewer district acquiring the system. The county shall
provide notice of the hearing by the county legislative authority on the ordinance executing the transfer agreement under
RCW 36.94.330 as follows: (1) By mailed notice to all ratepayers served by the system at least fifteen days prior to the
hearing; and (2) by notice in a newspaper of general circulation once at least fifteen days prior to the hearing.
In the event of an annexation under this section resulting
from the transfer of a system of sewerage, a system of water,
or combined water and sewer systems from a county to a
water-sewer district, the water-sewer district shall operate the
system or systems under the provisions of Title 57 RCW.
[1999 c 153 § 52; 1996 c 230 § 1609; 1985 c 141 § 1; 1984 c
147 § 2.]
36.94.420
Additional notes found at www.leg.wa.gov
36.94.430 Transfer of system from county to watersewer district—Alternative method. The provisions of
RCW 36.94.410 and 36.94.420 provide an alternative method
of accomplishing the transfer permitted by those sections and
do not impose additional conditions upon the exercise of
powers vested in water-sewer districts and counties. [1999 c
153 § 49; 1984 c 147 § 3.]
36.94.430
Additional notes found at www.leg.wa.gov
36.94.440 Transfer of system from county to watersewer district—Decree by superior court. If the superior
court finds that the transfer agreement authorized by RCW
36.94.410 is legally correct and that the interests of the owners of related indebtedness are protected, then the court by
decree shall direct that the transfer be accomplished in accordance with the agreement. [1984 c 147 § 4.]
county engaged in the sale or distribution of water is hereby
authorized, within limits established by the Constitution of
the state of Washington, to assist the owners of structures that
are provided water service by the county in financing the
acquisition and installation of fixtures, systems, and equipment, for compensation or otherwise, for the conservation or
more efficient use of water in the structures under a water
conservation plan adopted by the county if the cost per unit of
water saved or conserved by the use of the fixtures, systems,
and equipment is less than the cost per unit of water supplied
by the next least costly new water source available to the
county to meet future demand. Except where otherwise
authorized, assistance shall be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the county, each of which businesses
shall have requested to be included and shall have the ability
to provide the products in a workmanlike manner and to utilize the fixtures, systems, and equipment in accordance with
the prevailing national standards;
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
whose bid is acceptable to the owner of the structure and verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall
be purchased or installed by a private business, the owner, or
the utility.
Pay back shall be in the form of incremental additions to
the utility bill, billed either together with the use charge or
separately. Loans shall not exceed two hundred forty months
in length. [2010 1st sp.s. c 5 § 2; 1992 c 25 § 3.]
36.94.440
36.94.450 Water conservation programs—Issuance
of revenue bonds. A county engaged in the sale or distribution of water may issue revenue bonds, or other evidence of
indebtedness in the manner provided by this chapter for the
purpose of defraying the cost of financing programs for the
conservation or more efficient use of water. The bonds or
other evidence of indebtedness shall be deemed to be for capital purposes. [1992 c 25 § 2.]
36.94.450
36.94.460 Water conservation programs—Counties
authorized to provide assistance to water customers. Any
36.94.460
[Title 36 RCW—page 310]
36.94.470 Storm or surface water drains or facilities—Annexation, incorporation of area by city or town—
Imposition of rates and charges by county. Whenever a
city or town annexes an area, or a city or town incorporates an
area, and the county has issued revenue bonds or general
obligation bonds to finance storm or surface water drains or
facilities that are payable in whole or in part from rates or
charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to
payment of the debt service on bonds in that area after the
effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is
issued to refinance the underlying debt is retired; or (3) the
city or town reimburses the county amount that is sufficient
to retire that portion of the debt borne by the annexed or
incorporated area. The county shall construct all facilities
included in the storm water plan intended to be financed by
the proceeds of such bonds. If the county provides storm
water management services to the city or town by contract,
36.94.470
(2010 Ed.)
Television Reception Improvement Districts
the contract shall consider the value of payments made by
property owners to the county for the payment of debt service.
The provisions of this section apply whether or not the
bonds finance facilities that are geographically located within
the area that is annexed or incorporated. [1993 c 361 § 2.]
36.94.480 Assumption of substandard water system—Limited immunity from liability. A county assuming responsibility for a water system that is not in compliance
with state or federal requirements for public drinking water
systems, and its agents and employees, are immune from
lawsuits or causes of action, based on noncompliance with
state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and
continue after the date of assuming responsibility, provided
that the county has submitted and is complying with a plan
and schedule of improvements approved by the department
of health. This immunity shall expire on the earlier of the date
the plan of improvements is completed or four years from the
date of assuming responsibility. This immunity does not
apply to intentional injuries, fraud, or bad faith. [1994 c 292
§ 7.]
36.94.921 Severability—1975 1st ex.s. c 188. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances shall not be affected. [1975 1st ex.s. c 188 §
13.]
36.94.921
36.94.480
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
36.94.490 Cooperative watershed management. In
addition to the authority provided in RCW 36.94.020, a
county may, as part of maintaining a system of sewerage
and/or water, participate in and expend revenue on cooperative watershed management actions, including watershed
management partnerships under RCW 39.34.210 and other
intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 9.]
36.94.490
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
36.94.900 Declaration of purpose. This chapter is
hereby declared to be necessary for the public peace, health,
safety and welfare and declared to be a county purpose and
that the bonds and special assessments authorized hereby are
found to be for a public purpose. [1967 c 72 § 33.]
36.94.900
36.94.910 Authority—Liberal construction of chapter—Modification of inconsistent acts. This chapter shall
be complete authority for the establishment, construction and
operation and maintenance of a system or systems of sewerage and/or water hereby authorized, and shall be liberally
construed to accomplish its purpose. Any act inconsistent
herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only.
[1967 c 72 § 31.]
36.94.910
36.94.920 Severability—1967 c 72. If any portion of
this chapter as now or hereafter amended, or its application to
any person or circumstances, is held invalid or unconstitutional, such adjudication shall not affect the validity of the
chapter as a whole, or any section, provision or part thereof
not adjudged to be invalid or unconstitutional, and its application to other persons or circumstances shall not be affected.
[1967 c 72 § 32.]
36.95.030
Chapter 36.95
Chapter 36.95 RCW
TELEVISION RECEPTION
IMPROVEMENT DISTRICTS
Sections
36.95.010
36.95.020
36.95.030
36.95.040
36.95.050
36.95.060
36.95.070
36.95.080
36.95.090
36.95.100
36.95.110
36.95.120
36.95.130
36.95.140
36.95.150
36.95.160
36.95.180
36.95.190
36.95.200
36.95.210
36.95.900
Purpose.
Boundaries—Territory excluded.
Petition to form—Contents.
Notice of text of petition, meeting where will be considered.
Resolution creating district.
District board—Duties—How constituted—Quorum—Officers—Filling vacancies.
District board—Reimbursement of members for expenses.
List of television set owners.
County budget provisions applicable to district—Financing
budget.
Tax levied—Maximum—Exemptions.
Liability for delinquent tax and costs.
Prorating tax.
District board—Powers generally.
Signals district may utilize.
Claims against district board—Procedure upon allowance.
District treasurer—Duties—District warrants.
Costs of county officers reimbursed.
Penalty for false statement as to tax exemption.
Dissolution of district by resolution—Disposition of property.
District may not be formed to operate certain translator stations.
Severability—1971 ex.s. c 155.
36.95.010 Purpose. The purposes of a television reception improvement district, hereinafter referred to in this chapter as "district", shall be to serve the public interest, convenience, and necessity in the construction, maintenance, and
operation of television and FM radio translator stations,
including appropriate electric or electronic devices for
increasing television program distribution, but said purposes
are not meant to include the construction or operation of television cable systems, commonly known and referred to as
cable TV systems or CATV. [1985 c 76 § 1; 1971 ex.s. c 155
§ 1.]
36.95.010
36.95.020 Boundaries—Territory excluded. A district’s boundary may include any part or all of any county and
may include any part or all of any incorporated area located
within the county. A district’s boundary may not include any
territory already being served by a cable TV system (CATV)
unless on August 9, 1971, there is a translator station retransmitting television signals to such territory. [1991 c 363 § 98;
1971 ex.s. c 155 § 2.]
36.95.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.94.920
(2010 Ed.)
36.95.030 Petition to form—Contents. A petition to
form a district may be presented to the board of county commissioners and such petition shall include: (1) A description
of the purposes of the petition; (2) a description of the purposes and powers of the proposed district; (3) a description of
the boundaries of the proposed district; and (4) the signatures
of more than fifty percent of the registered voters residing
36.95.030
[Title 36 RCW—page 311]
36.95.040
Title 36 RCW: Counties
within the boundaries of the proposed district. [1971 ex.s. c
155 § 3.]
36.95.040 Notice of text of petition, meeting where
will be considered. If the board of county commissioners,
with the assistance of other appropriate county officers, finds
the petition filed under RCW 36.95.030 satisfies the requirements of that section, it shall cause the text of the petition to
be published once a week for at least three consecutive weeks
in a newspaper of general circulation within the county where
the petition is presented. With the publication of the petition
there shall be published a notice of the time, date, and place
of the public meeting of the county commissioners when the
petition will be considered, stating that persons interested
may appear and be heard. [1971 ex.s. c 155 § 4.]
36.95.040
36.95.050 Resolution creating district. If after the
public meeting or meetings on the petition, the board of
county commissioners finds that creation of the proposed district would serve the public interest, the board shall adopt a
resolution granting the petition and creating the district. Prior
to adoption however, the board may amend the petition in the
interest of carrying out the purposes of this chapter. [1971
ex.s. c 155 § 5.]
36.95.050
36.95.060 District board—Duties—How constituted—Quorum—Officers—Filling vacancies. The business of the district shall be conducted by the board of the television reception improvement district, hereinafter referred to
as the "board". The board shall be constituted as provided
under either subsection (1) or (2) of this section.
(1) The board of a district having boundaries different
from the county’s shall have either three, five, seven, or nine
members, as determined by the board of county commissioners at the time the district is created. Each member shall
reside within the boundaries of the district and shall be
appointed by the board of county commissioners for a term of
three years, or until his or her successor has qualified, except
that the board of county commissioners shall appoint one of
the members of the first board to a one-year term and two to
two-year terms. There is no limit upon the number of terms
to which a member may be reappointed after his or her first
appointment. A majority of the members of the board shall
constitute a quorum for the transaction of business, but the
majority vote of the board members shall be necessary for
any action taken by the board. The board shall elect from
among its members a chair and such other officers as may be
necessary. In the event a seat on the board is vacated prior to
the expiration of the term of the member appointed to such
seat, the board of county commissioners shall appoint a person to complete the unexpired term.
(2) Upon the creation of a district having boundaries
identical to those of the county (a countywide district), the
county commissioners shall be the members of the board of
the district and shall have all the powers and duties of the
board as provided under the other sections of this chapter.
The county commissioners shall be reimbursed pursuant to
the provisions of RCW 36.95.070, and shall conduct the business of the district according to the regular rules and procedures applicable to meetings of the board of county commis-
sioners. [2009 c 549 § 4157; 1992 c 150 § 1; 1971 ex.s. c 155
§ 6.]
36.95.070
36.95.070 District board—Reimbursement of members for expenses. Members of the board shall receive no
compensation for their services, but shall be reimbursed from
district funds for any actual and necessary expenses incurred
by them in the performance of their official duties. [1971
ex.s. c 155 § 7.]
36.95.080
36.95.080 List of television set owners. The board
shall, on or before the first day of July of any given year,
ascertain and prepare a list of all persons believed to own
television sets within the district and deliver a copy of such
list to the county treasurer. [1988 c 222 § 1; 1981 c 52 § 1;
1971 ex.s. c 155 § 8.]
36.95.090
36.95.090 County budget provisions applicable to
district—Financing budget. The provisions of chapter
36.40 RCW, relating to budgets, shall apply to the district.
The budget of the district shall be financed by an excise tax
imposed by the board, and described in RCW 36.95.100.
[1971 ex.s. c 155 § 9.]
36.95.060
[Title 36 RCW—page 312]
36.95.100
36.95.100 Tax levied—Maximum—Exemptions. The
tax provided for in RCW 36.95.090 and this section shall not
exceed sixty dollars per year per television set, and no person
shall be taxed for more than one television set, except that a
motel or hotel or any person owning in excess of five television sets shall pay at a rate of one-fifth of the annual tax rate
imposed for each of the first five television sets and one-tenth
of such rate for each additional set thereafter. An owner of a
television set within the district shall be exempt from paying
any tax on such set under this chapter: (1) If either (a) his or
her television set does not receive at least a class grade B contour signal retransmitted by the television translator station or
other similar device operated by the district, as such class is
defined under regulations of the Federal Communications
Commission as of August 9, 1971, or (b) he or she is currently subscribing to and receiving the services of a community antenna system (CATV) to which his or her television set
is connected; and (2) if he or she filed a statement with the
board claiming his or her grounds for exemption. Space for
such statement shall be provided for in the tax notice which
the treasurer shall send to taxpayers in behalf of the district.
[2009 c 549 § 4158; 1981 c 52 § 2; 1975 c 11 § 1; 1971 ex.s.
c 155 § 10.]
36.95.110
36.95.110 Liability for delinquent tax and costs. Any
person owing the excise tax provided for under this chapter
and who fails to pay the same within sixty days after the
board or the county treasurer has sent the tax bill to him or
her, shall be deemed to be delinquent. Such person shall be
liable for all costs to the county or district attributable to collecting the tax but no such excise tax or costs, nor any judgment based thereon, shall be deemed to create a lien against
real property. [2009 c 549 § 4159; 1981 c 52 § 3; 1971 ex.s.
c 155 § 11.]
(2010 Ed.)
Television Reception Improvement Districts
36.95.120 Prorating tax. The board may adopt rules
providing for prorating of tax bills for persons who have not
owned a television set within the district for a full tax year.
[1971 ex.s. c 155 § 12.]
36.95.120
36.95.130 District board—Powers generally. In addition to other powers provided for under this chapter, the
board shall have the following powers:
(1) To perform all acts necessary to assure that the purposes of this chapter will be carried out fairly and efficiently;
(2) To acquire, build, construct, repair, own, maintain,
and operate any necessary stations retransmitting visual and
aural signals intended to be received by the general public,
relay stations, pick-up stations, or any other electrical or electronic system necessary: PROVIDED, That the board shall
have no power to originate programs;
(3) To make contracts to compensate any owner of land
or other property for the use of such property for the purposes
of this chapter;
(4) To make contracts with the United States, or any
state, municipality, or any department or agency of those
entities for carrying out the general purposes for which the
district is formed;
(5) To acquire by gift, devise, bequest, lease, or purchase
real and personal property, tangible or intangible, including
lands, rights-of-way, and easements, necessary or convenient
for its purposes;
(6) To make contracts of any lawful nature (including
labor contracts or those for employees’ benefits), employ
engineers, laboratory personnel, attorneys, other technical or
professional assistants, and any other assistants or employees
necessary to carry out the provisions of this chapter;
(7) To contract indebtedness or borrow money and to
issue warrants or bonds to be paid from district revenues:
PROVIDED, That the bonds, warrants, or other obligations
may be in any form, including bearer or registered as provided in RCW 39.46.030: PROVIDED FURTHER, That
such warrants and bonds may be issued and sold in accordance with chapter 39.46 RCW;
(8) To prescribe tax rates for the providing of services
throughout the area in accordance with the provisions of this
chapter; and
(9) To apply for, accept, and be the holder of any permit
or license issued by or required under federal or state law.
[1985 c 76 § 2; 1983 c 167 § 102; 1980 c 100 § 2; 1971 ex.s.
c 155 § 13.]
36.95.130
Additional notes found at www.leg.wa.gov
36.95.140 Signals district may utilize. A district may
translate or retransmit only those signals which originate
from commercial and educational FM radio stations and
commercial and educational television stations which
directly provide, within some portion of the state of Washington, a class A grade or class B grade contour, as such classes
are defined under regulations of the Federal Communications
Commission as of August 9, 1971. [1985 c 76 § 3; 1971 ex.s.
c 155 § 14.]
36.95.140
36.95.150 Claims against district board—Procedure
upon allowance. Any claim against the district shall be pre36.95.150
(2010 Ed.)
36.95.210
sented to the board. Upon allowance of the claim, the board
shall submit a voucher, signed by the chair and one other
member of the board, to the county auditor for the issuance of
a warrant in payment of said claim. This procedure for payment of claims shall apply to the reimbursement of board
members for their actual and necessary expenses incurred by
them in the performance of their official duties. [2009 c 549
§ 4160; 1971 ex.s. c 155 § 15.]
36.95.160 District treasurer—Duties—District warrants. The treasurer of the county in which a district is
located shall be ex officio treasurer of the district. The treasurer shall collect the excise tax provided for under this chapter and shall send notice of payment due to persons owing the
tax: PROVIDED, That districts with fewer than twelve hundred persons subject to the excise tax and levying an excise
tax of forty dollars or more per television set per year shall
have the option of having the district (1) send the tax notices
bimonthly, and (2) collect the excise taxes which shall then
be forwarded to the county treasurer for deposit in the district
account. There shall be deposited with him or her all funds of
the district. All district payments shall be made by him or her
from such funds upon warrants issued by the county auditor,
except the sums to be paid out of any bond fund for principal
and interest payments on bonds. All warrants shall be paid in
the order of issuance. The treasurer shall report monthly to
the board, in writing, the amount in the district fund or funds.
[2009 c 549 § 4161; 1983 c 167 § 103; 1981 c 52 § 4; 1971
ex.s. c 155 § 16.]
36.95.160
Additional notes found at www.leg.wa.gov
36.95.180 Costs of county officers reimbursed. The
board shall reimburse the county auditor, assessor, and treasurer for the actual costs of services performed by them in
behalf of the district. [1971 ex.s. c 155 § 18.]
36.95.180
36.95.190 Penalty for false statement as to tax
exemption. Any person who shall knowingly make a false
statement for exemption from the tax provided under this
chapter shall be guilty of a misdemeanor. [1971 ex.s. c 155 §
19.]
36.95.190
36.95.200 Dissolution of district by resolution—Disposition of property. If the board of county commissioners
finds, following a public hearing or hearings, that the continued existence of a district would no longer serve the purposes
of this chapter, it may by resolution order the district dissolved. If there is any property owned by the district at the
time of dissolution, the board of county commissioners shall
have such property sold pursuant to the provisions of chapter
36.34 RCW, as now law or hereafter amended. The proceeds
from such sale shall be applied to the county current expense
fund. [1971 ex.s. c 155 § 20.]
36.95.200
36.95.210 District may not be formed to operate certain translator stations. No television reception improvement district may be formed to operate and maintain any
translator station presently or previously owned, operated or
maintained by a television broadcaster. [1971 ex.s. c 155 §
21.]
36.95.210
[Title 36 RCW—page 313]
36.95.900
Title 36 RCW: Counties
36.95.900 Severability—1971 ex.s. c 155. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1971 ex.s. c 155 § 22.]
36.95.900
Chapter 36.96
Chapter 36.96 RCW
DISSOLUTION OF INACTIVE
SPECIAL PURPOSE DISTRICTS
Sections
36.96.010
36.96.020
36.96.030
36.96.040
36.96.050
36.96.060
36.96.070
36.96.080
36.96.090
36.96.800
36.96.900
36.96.910
36.96.920
Definitions.
Notice of inactive special purpose districts by county auditor.
Determination of inactive special purpose districts—Public
hearing—Notice.
Dissolution of inactive special purpose district by county legislative authority—Written findings.
Application for writ of prohibition or mandamus by interested
party—Procedure.
Dissolution of inactive special purpose district by county legislative authority—Powers and duties.
Dissolved special purpose district—Disposition of property.
Dissolved special purpose district—Satisfaction of outstanding obligations.
New special purpose districts—Duties of county auditor.
Alternative dissolution procedure—Drainage and drainage
improvement districts—Conditions.
Chapter not exclusive.
Savings—1979 ex.s. c 5.
Severability—1979 ex.s. c 5.
36.96.010 Definitions. As used in this chapter, unless
the context requires otherwise:
(1) "Special purpose district" means every municipal and
quasi-municipal corporation other than counties, cities, and
towns. Such special purpose districts shall include, but are
not limited to, water-sewer districts, fire protection districts,
port districts, public utility districts, county park and recreation service areas, flood control zone districts, diking districts, drainage improvement districts, and solid waste collection districts, but shall not include industrial development
districts created by port districts, and shall not include local
improvement districts, utility local improvement districts,
and road improvement districts;
(2) "Governing authority" means the commission, council, or other body which directs the affairs of a special purpose district;
(3) "Inactive" means that a special purpose district, other
than a public utility district, is characterized by either of the
following criteria:
(a) Has not carried out any of the special purposes or
functions for which it was formed within the preceding consecutive five-year period; or
(b) No election has been held for the purpose of electing
a member of the governing body within the preceding consecutive seven-year period or, in those instances where members of the governing body are appointed and not elected,
where no member of the governing body has been appointed
within the preceding seven-year period.
A public utility district is inactive when it is characterized by both criteria (a) and (b) of this subsection. [1999 c
153 § 50; 1979 ex.s. c 5 § 1.]
36.96.010
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 314]
36.96.020 Notice of inactive special purpose districts
by county auditor. On or before June 1st of 1980, and on or
before June 1st of every year thereafter, each county auditor
shall search available records and notify the county legislative authority if any special purpose districts located wholly
or partially within the county appear to be inactive. If the territory of any special purpose district is located within more
than one county, the legislative authorities of all other counties within whose boundaries such a special purpose district
lies shall also be notified by the county auditor. However, the
authority to dissolve such a special purpose district as provided by this chapter shall rest solely with the legislative
authority of the county which contains the greatest geographic portion of such special purpose district. [2009 c 337
§ 12; 1979 ex.s. c 5 § 2.]
36.96.020
36.96.030 Determination of inactive special purpose
districts—Public hearing—Notice. (1) Upon receipt of
notice from the county auditor as provided in RCW
36.96.020, the county legislative authority within whose
boundaries all or the greatest portion of such special purpose
district lies shall hold one or more public hearings on or
before September 1st of the same year to determine whether
or not such special purpose district or districts meet either of
the criteria for being "inactive" as provided in RCW
36.96.010: PROVIDED, That if such a special purpose district is a public utility district, the county legislative authority
shall determine whether or not the public utility district meets
both criteria of being "inactive" as provided in RCW
36.96.010. In addition, at any time a county legislative
authority may hold hearings on the dissolution of any special
purpose district that appears to meet the criteria of being
"inactive" and dissolve such a district pursuant to the proceedings provided for in RCW 36.96.030 through 36.96.080.
(2) Notice of such public hearings shall be given by publication at least once each week for not less than three successive weeks in a newspaper that is in general circulation within
the boundaries of the special purpose district or districts.
Notice of such hearings shall also be mailed to each member
of the governing authority of such special purpose districts, if
such members are known, and to all persons known to have
claims against any of the special purpose districts. Notice of
such public hearings shall be posted in at least three conspicuous places within the boundaries of each special purpose
district that is a subject of such hearings. Whenever a county
legislative authority that is conducting such a public hearing
on the dissolution of one or more of a particular kind of special purpose district is aware of the existence of an association of such special purpose districts, it shall also mail notice
of the hearing to the association. In addition, whenever a special purpose district that lies in more than one county is a subject of such a public hearing, notice shall also be mailed to the
legislative authorities of all other counties within whose
boundaries the special purpose district lies. All notices shall
state the purpose, time, and place of such hearings, and that
all interested persons may appear and be heard. [1979 ex.s. c
5 § 3.]
36.96.030
36.96.040 Dissolution of inactive special purpose district by county legislative authority—Written findings.
After such hearings, the county legislative authority shall
36.96.040
(2010 Ed.)
Dissolution of Inactive Special Purpose Districts
make written findings whether each of the special purpose
districts that was a subject of the hearings meets each of the
criteria of being "inactive." Whenever a special purpose district other than a public utility district has been found to meet
a criterion of being inactive, or a public utility district has
been found to meet both criteria of being inactive, the county
legislative authority shall adopt an ordinance dissolving the
special purpose district if it also makes additional written
findings detailing why it is in the public interest that the special purpose district be dissolved, and shall provide a copy of
the ordinance to the county treasurer. Except for the purpose
of winding up its affairs as provided by this chapter, a special
purpose district that is so dissolved shall cease to exist and
the authority and obligation to carry out the purposes for
which it was created shall cease thirty-one days after adoption of the dissolution ordinance. [2001 c 299 § 12; 1979
ex.s. c 5 § 4.]
36.96.050 Application for writ of prohibition or mandamus by interested party—Procedure. The action of the
county legislative authority dissolving a special purpose district pursuant to RCW 36.96.040 shall be final and conclusive
unless within thirty days of the adoption of the ordinance an
interested party makes application to a court of competent
jurisdiction for a writ of prohibition or writ of mandamus. At
the hearing upon such a writ, the applicant shall have the full
burden of demonstrating that the particular special purpose
district, other than a public utility district, does not meet
either of the criteria of being inactive or that it is not in the
public interest that the special purpose district be dissolved:
PROVIDED, That where the particular special purpose district subject to the dissolution proceedings is a public utility
district, the applicant shall have the full burden of demonstrating that the public utility district either does not meet
both the criteria of being inactive or that it is not in the public
interest to dissolve the public utility district. [1979 ex.s. c 5
§ 5.]
36.96.050
36.96.060 Dissolution of inactive special purpose district by county legislative authority—Powers and duties.
For the sole and exclusive purpose of winding up the affairs
of a dissolved special purpose district, the county legislative
authority, acting as a board of trustees, shall have the same
powers and duties as the governing authority of the dissolved
special purpose district including the following:
(1) To exchange, sell, or otherwise dispose of all property, real and personal, of the dissolved special purpose district; and
(2) To settle all obligations of such special purpose district. Such powers and duties shall commence upon the effective date of dissolution and shall continue thereafter until
such time as the affairs of the dissolved special purpose district have been completely wound up. [1979 ex.s. c 5 § 6.]
36.96.060
36.96.070 Dissolved special purpose district—Disposition of property. Any moneys or funds of the dissolved
special purpose district and any moneys or funds received by
the board of trustees from the sale or other disposition of any
property of the dissolved special purpose district shall be
used, to the extent necessary, for the payment or settlement of
36.96.070
(2010 Ed.)
36.96.800
any outstanding obligations of the dissolved special purpose
district. Any remaining moneys or funds shall be used to pay
the county legislative authority for all costs and expenses
incurred in the dissolution and liquidation of the dissolved
special purpose district. Thereafter, any remaining moneys,
funds, or property shall become that of the county in which
the dissolved special purpose district was located. However,
if the territory of the dissolved special purpose district was
located within more than one county, the remaining moneys,
funds, and personal property shall be apportioned and distributed to each county in the proportion that the geographical
area of the dissolved special purpose district within the
county bears to the total geographical area of the dissolved
special purpose district, and any remaining real property or
improvements to real property shall be transferred to the
county within whose boundaries it lies. A county to which
real property or improvements to real property are transferred
under this section does not have an obligation to use the property or improvements for the purposes for which the dissolved special purpose district used the property or improvements and the county does not assume the obligations or liabilities of the dissolved special purpose district as a result of
the transfer. [2001 c 299 § 13; 1979 ex.s. c 5 § 7.]
36.96.080 Dissolved special purpose district—Satisfaction of outstanding obligations. If the proceeds from the
sale of any property of the special district together with any
moneys or funds of the special purpose district are insufficient to satisfy the outstanding obligations of the special purpose district, the county legislative authority, acting as a
board of trustees, shall exercise any and all powers conferred
upon it to satisfy such outstanding obligations: PROVIDED,
That in no case shall the board of trustees be obligated to satisfy such outstanding obligations from county moneys, funds,
or other sources of revenue unless it would have been so obligated before initiation of the dissolution proceedings under
this chapter. [1979 ex.s. c 5 § 8.]
36.96.080
36.96.090 New special purpose districts—Duties of
county auditor. For every newly created special purpose
district, the auditor of each county in which the special purpose district is located shall provide the state auditor with the
following information:
(1) The name of the special purpose district and a general
description of its location;
(2) The name, address, and telephone number of each
member of its governing authority; and
(3) The functions that the special purpose district is then
presently performing and the purposes for which it was created. [2009 c 337 § 13; 1979 ex.s. c 5 § 9.]
36.96.090
36.96.800 Alternative dissolution procedure—Drainage and drainage improvement districts—Conditions. As
an alternative to this chapter a drainage district or drainage
improvement district located within the boundaries of a
county storm drainage and surface water management utility,
and which is not currently imposing assessments, may be dissolved by ordinance of the county legislative authority. If the
alternative dissolution procedure in this section is used the
following shall apply:
36.96.800
[Title 36 RCW—page 315]
36.96.900
Title 36 RCW: Counties
(1) The county storm drainage and surface water management utility shall assume responsibility for payment or
settlement of outstanding debts of the dissolved drainage district or drainage improvement district.
(2) All assets, including money, funds, improvements, or
property, real or personal, shall become assets of the county
in which the dissolved drainage district or drainage improvement district was located.
(3) Notwithstanding RCW 85.38.220, the county storm
drainage and surface water management utility may determine how to best manage, operate, maintain, improve,
exchange, sell, or otherwise dispose of all property, real and
personal, of the dissolved drainage district or drainage
improvement district. [1991 c 28 § 1.]
36.96.900 Chapter not exclusive. The provisions of
this chapter to dissolve inactive special purpose districts shall
not be exclusive, and shall be in addition to any other method
or methods provided by law to dissolve a special purpose district. [1979 ex.s. c 5 § 10.]
36.96.900
36.96.910 Savings—1979 ex.s. c 5. The enactment of
this act shall not have the effect of terminating, or in any way
modifying, any liability, civil or criminal, which shall already
be in existence on September 1, 1979. [1979 ex.s. c 5 § 11.]
36.96.910
36.96.920 Severability—1979 ex.s. c 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 5 § 15.]
36.96.920
Chapter 36.100
Chapter 36.100 RCW
PUBLIC FACILITIES DISTRICTS
Sections
36.100.010
36.100.020
36.100.030
36.100.035
36.100.036
36.100.037
36.100.040
36.100.042
36.100.050
36.100.060
36.100.070
36.100.080
36.100.090
36.100.100
36.100.110
36.100.120
36.100.130
36.100.140
36.100.150
36.100.160
36.100.170
36.100.180
36.100.190
36.100.200
36.100.205
Public facilities districts—Creation—Approval of taxes by
election—Corporate powers—Property transfer—Agreements.
Governance—Board of directors.
Facilities—Agreements—Fees.
Additional powers and restrictions on district that constructs
baseball stadium.
Donated moneys for baseball stadium.
Baseball stadium construction agreement.
Lodging tax authorized—Annual payment amount—Payment
of obligations—Application of other tax provisions.
Lodging license fee or tax in excess of rate imposed on retail
businesses prohibited.
Ad valorem property tax.
General obligation bonds—Termination, reauthorization of
excise tax.
Acquisition and transfer of real and personal property.
Direct or collateral attack barred after thirty days.
Tax deferral—New public facilities.
Ex officio treasurer.
Travel, expense reimbursement policy—Required.
Travel, expense reimbursement policy—Limitations.
Board of directors—Compensation.
Liability insurance.
Costs of defense.
Expenditure of funds—Purposes.
Employees—Benefits.
Service provider agreements—Competitive solicitation process for personal service contracts of one hundred fifty thousand dollars or more—Exceptions.
Purchases and sales—Procedures.
Revenue bonds—Limitations.
Bonds issued are securities.
[Title 36 RCW—page 316]
36.100.210
36.100.220
36.100.230
36.100.240
36.100.900
36.100.905
Tax on admissions.
Tax on vehicle parking charges.
Transfer of property, assets, and other interests from state convention and trade center public nonprofit to district—Necessary actions.
Eminent domain authorized.
Severability—1988 ex.s. c 1.
Construction—2010 1st sp.s. c 15.
Changes in tax law—Liability: RCW 82.08.064, 82.14.055, and 82.32.430.
Sales and use tax for public facilities districts: RCW 82.14.048.
Sales and use tax imposed by public facilities districts for regional centers:
RCW 82.14.390.
36.100.010 Public facilities districts—Creation—
Approval of taxes by election—Corporate powers—Property transfer—Agreements. (1) One or more public facilities districts may be created in any county and must be coextensive with the boundaries of the county.
(2) A public facilities district is created upon adoption of
a resolution providing for the creation of such a district by the
county legislative authority in which the proposed district is
located.
(3) A public facilities district is a municipal corporation,
an independent taxing "authority" within the meaning of
Article VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
(4) Except as provided in RCW 36.100.040 (4) and (5),
no taxes authorized under this chapter may be assessed or
levied unless a majority of the voters of the public facilities
district has approved such tax at a general or special election.
A single ballot proposition may both validate the imposition
of the sales and use tax under RCW 82.14.048 and the excise
tax under RCW 36.100.040(1).
(5)(a) A public facilities district constitutes a body corporate and possesses all the usual powers of a corporation for
public purposes as well as all other powers that may now or
hereafter be specifically conferred by statute, including, but
not limited to, the authority to hire employees, staff, and services, to enter into contracts, including contracts with public
and private parties, to acquire, own, sell, transfer, lease, and
otherwise acquire or dispose of property, to grant concessions
under terms approved by the public facilities district, and to
sue and be sued.
(b) A public facilities district created by a county with a
population of one million five hundred thousand or more to
acquire, own, and operate a convention and trade center
transferred from a public nonprofit corporation may continue
to contract with the Seattle-King county convention and visitors’ bureau or its successor in interest for marketing the convention and trade center facility and services.
(6) A public facilities district may enter into contracts
with a county for the purpose of exercising any powers of a
community renewal agency under chapter 35.81 RCW.
(7) The legislative authority of a city or county, the board
of directors of a public nonprofit corporation, or the state of
Washington may transfer property to a public facilities district created under this chapter, with or without consideration.
No property that is encumbered with debt or that is in need of
major capital renovation may be transferred to the district
without the agreement of the district and revenues adequate
to retire the existing indebtedness.
36.100.010
(2010 Ed.)
Public Facilities Districts
(8) A public facilities district may enter into agreements
with the state, any municipal corporation, or any other governmental entity for the design, financing, acquisition, development, construction, reconstruction, lease, remodeling,
alteration, maintenance, equipping, reequipping, repair, operation, or management of one or more facilities of the parties
thereto. Agreements may provide that any party to the contract designs, finances, acquires, develops, constructs, reconstructs, remodels, alters, maintains, equips, reequips, repairs,
and operates one or more facilities for the other party or parties to the contract. A public facilities district may enter into
an agreement with the state, any municipal corporation, or
other public or private entity that will assist a public facilities
district in the financing of all or any part of a district facility
on such terms as may be determined by agreement between
the respective parties, including without limitation by a loan,
guaranty, or other financing agreement. [2010 1st sp.s. c 15
§ 2; 2002 c 218 § 26; 1995 3rd sp.s. c 1 § 301; 1995 1st sp.s.
c 14 § 1; 1995 c 396 § 1; 1989 1st ex.s. c 8 § 1; 1988 ex.s. c 1
§ 11.]
Findings—Intent—2010 1st sp.s. c 15: "(1) The legislature finds that
conventions and trade shows provide both direct and indirect civic and economic benefits. It is the intent of the legislature to provide for the transfer of
the governance and financing of the state convention and trade center to a
public facilities district formed by a county with a population of one million
five hundred thousand or more to acquire, own, and operate the convention
and trade center. The legislature also intends to replace, in connection with
such transfer, the authority under chapter 67.40 RCW of the state and city to
impose excise taxes on the sale of or charge made for the furnishing of lodging to fund the state convention and trade center with authority for the public
facilities district to impose lodging taxes at these rates, without affecting the
existing authority of the state, county, cities, and other municipal corporations to impose taxes on the sale or charge made for the furnishing of lodging
under existing caps on the aggregate rate that may be charged.
(2) The legislature further finds that the location of the convention and
trade center particularly benefits and increases the occupancy of larger hotels
and other lodging facilities in the city in which it is located and to a lesser
extent in the remainder of the county in which it is located. The legislature
finds that imposing excise taxes on the sale of or charge made for the furnishing of lodging at the rates authorized in section 5 of this act is an appropriate
method of paying for the cost of acquiring, constructing, owning, remodeling, maintaining, equipping, reequipping, repairing, altering, and operating a
convention and trade center." [2010 1st sp.s. c 15 § 1.]
Construction—2010 1st sp.s. c 15: "The provisions of *this chapter
must be liberally construed to effect the policies and purposes of *this chapter." [2010 1st sp.s. c 15 § 20.]
*Reviser’s note: The reference to "this chapter" appears to be erroneous. Reference to chapter 36.100 RCW was apparently intended.
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Additional notes found at www.leg.wa.gov
36.100.020 Governance—Board of directors. (1)(a)
A public facilities district must be governed by a board of
directors consisting of five, seven, or nine members as provided in this section.
(b) If the largest city in the county has a population that
is at least forty percent of the total county population, the
board of directors of the public facilities district must consist
of five members selected as follows:
(i) Two members appointed by the county legislative
authority to serve for four-year staggered terms;
(ii) Two members appointed by the city council of the
largest city in the county to serve for four-year staggered
terms; and
36.100.020
(2010 Ed.)
36.100.020
(iii) One person to serve for a four-year term who is
selected by the other directors.
(c)(i) Except as provided in (c)(ii) of this subsection (1),
if the largest city in the county has a population of less than
forty percent of the total county population, the county legislative authority must establish in the resolution creating the
public facilities district whether the board of directors of the
public facilities district has either five or seven members, and
the county legislative authority must appoint the members of
the board of directors to reflect the interests of cities and
towns in the county, as well as the unincorporated area of the
county.
(ii) However, if the county has a population of one million five hundred thousand or more, the largest city in the
county has a population of less than forty percent of the total
county population, and the county operates under a county
charter, which provides for an elected county executive, the
members of the board of directors must be appointed as follows:
(A) If the public facilities district is created to construct
a baseball stadium as defined in RCW 82.14.0485, three
members must be appointed by the governor and the remaining members must be appointed by the county executive subject to confirmation by the county legislative authority. Of
the members appointed by the governor, the speaker of the
house of representatives and the majority leader of the senate
must each recommend to the governor a person to be
appointed to the board; and
(B) If the public facilities district is created to acquire,
own, and operate a convention and trade center, following the
expiration of the terms of the initial board of directors, three
members must be appointed by the governor, three members
must be nominated by the county executive subject to confirmation by the county legislative authority, and three members must be nominated by the mayor of the city in which the
convention and trade center is located subject to confirmation
by the city legislative authority. Members of the board of
directors may not be members of the legislative authority of
the county or any city within the county.
(d) The initial board of directors of a public facilities district created in a county of one million five hundred thousand
or more to acquire, own, and operate a convention and trade
center must be comprised of the nine members of the board of
the public nonprofit corporation that transfers the convention
and trade center to the public facilities district under RCW
36.100.230. The governor must designate which of the initial
board members must serve two-year terms and which must
serve four-year terms and identify the board positions to
which successors to initial directors are to be appointed by
the county and the city.
(2) At least one member on the board of directors must
be representative of the lodging industry in the public facilities district before the public facilities district imposes the
excise tax under RCW 36.100.040(1). Of the members of the
board of directors of a public facilities district created in a
county of one million five hundred thousand or more to
acquire, own, and operate a convention and trade center, one
of the governor’s appointments and one of the county’s
appointments must be representative of the lodging industry
in the public facilities district and one of the city’s appointments must be representative of organized labor, except that
[Title 36 RCW—page 317]
36.100.030
Title 36 RCW: Counties
these requirements do not apply to the initial board of such
district.
(3) Members of the board of directors must serve fouryear terms of office, except that two of the initial five board
members, three of the initial seven board members, and four
of the initial nine board members must serve two-year terms
of office.
(4) A vacancy must be filled in the same manner as the
original appointment was made and the person appointed to
fill a vacancy must serve for the remainder of the unexpired
term of the office for the position to which he or she was
appointed.
(5) Any director may be removed from office by the person or entity that appointed or confirmed such director for
any reason or for no reason as follows: A director appointed
by the governor may be removed from office by the governor; and any director confirmed by a city or county legislative
authority may be removed from office by action of at least
two-thirds of the members of the legislative authority that
confirmed the director. [2010 1st sp.s. c 15 § 3; 1995 3rd
sp.s. c 1 § 302; 1995 1st sp.s. c 14 § 2; 1995 c 396 § 2; 1989
1st ex.s. c 8 § 2; 1988 ex.s. c 1 § 12.]
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
Additional notes found at www.leg.wa.gov
36.100.030 Facilities—Agreements—Fees. (1) A public facilities district is authorized to acquire, construct, own,
remodel, maintain, equip, reequip, repair, and operate (a)
sports facilities, entertainment facilities, convention facilities, including without limitation any convention and trade
center transferred from a public nonprofit corporation under
RCW 36.100.230(1), or regional centers as defined in RCW
35.57.020, and (b) for districts formed after January 1, 2000,
recreational facilities other than ski areas, together with contiguous parking facilities. The taxes that are provided for in
this chapter may only be imposed for these purposes, including without limitation implementing any redemption, prepayment, or legal defeasance of outstanding obligations under
RCW 36.100.230(3)(a).
(2) A public facilities district may enter into agreements
under chapter 39.34 RCW for the design, financing, acquisition, development, construction, reconstruction, lease,
remodeling, alteration, maintenance, equipping, reequipping,
repair, operation, or management of such facilities and may
enter into contracts under chapter 39.34 RCW where any
party to the contract provides and operates such facilities for
the other party or parties to the contract. A public facilities
district may enter into agreements under chapter 39.34 RCW
that will assist a public facilities district in the financing of all
or any part of a district facility on such terms as may be determined by agreement between the respective parties, including without limitation by a loan, guaranty, or other financing
agreement.
(3) Notwithstanding the establishment of a career, civil,
or merit service system, a public facilities district may contract with a public or private entity for the operation or management of its public facilities.
(4) A public facilities district is authorized to use the
supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the
36.100.030
[Title 36 RCW—page 318]
design, construction, reconstruction, remodel, or alteration of
any of its public facilities.
(5) A public facilities district may impose charges and
fees for the use of its facilities, and may accept and expend or
use gifts, grants, and donations. [2010 1st sp.s. c 15 § 4; 2003
c 376 § 1; 1999 c 165 § 16; 1995 1st sp.s. c 14 § 3; 1995 c 396
§ 3; 1989 1st ex.s. c 8 § 3; 1988 ex.s. c 1 § 13.]
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
Additional notes found at www.leg.wa.gov
36.100.035 Additional powers and restrictions on
district that constructs baseball stadium. In addition to
other powers and restrictions on a public facilities district, the
following shall apply to a public facilities district, located in
a county with a population of one million or more, that constructs a baseball stadium:
(1) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the authority to determine the stadium site;
(2) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the authority to establish the overall scope of the stadium project, including, but not limited to, the stadium itself,
associated parking facilities, associated retail and office
development that are part of the stadium facility, and ancillary services or facilities;
(3) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the final authority to make the final determination of the
stadium design and specifications;
(4) The public facilities district shall have the authority
to contract with the baseball team that will use the stadium to
obtain architectural, engineering, environmental, and other
professional services related to the stadium site and design
options, environmental study requirements, and obtaining
necessary permits for the stadium facility;
(5) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the authority to establish the project budget and bidding
specifications and requirements on the stadium project;
(6) The public facilities district, in consultation with the
professional baseball team that will use the stadium and the
county in which the public facilities district is located, shall
have the authority to structure the financing of the stadium
facility project; and
(7) The public facilities district shall consult with the
house of representatives executive rules committee and the
senate facilities and operations committee before selecting a
name for the stadium.
As used in this section, "stadium" and "baseball stadium"
mean a "baseball stadium" as defined in RCW 82.14.0485.
[1995 3rd sp.s. c 1 § 303.]
36.100.035
Additional notes found at www.leg.wa.gov
36.100.036 Donated moneys for baseball stadium. A
public facilities district may accept and expend moneys that
may be donated for the purpose of a baseball stadium as
defined in RCW 82.14.0485. [1995 3rd sp.s. c 1 § 304.]
36.100.036
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Public Facilities Districts
36.100.037 Baseball stadium construction agreement. The public facilities district, the county, and the city
with the largest population in the county shall enter into an
agreement regarding the construction of a baseball stadium as
defined in RCW 82.14.0485. The agreement shall address,
but not be limited to:
(1) Expedited permit processing for the design and construction of the project;
(2) Expedited environmental review processing;
(3) Expedited processing of requests for street, right-ofway, or easement vacations necessary for the construction of
the project; and
(4) Other items deemed necessary for the design and
construction of the project. [1995 3rd sp.s. c 1 § 308.]
36.100.037
Additional notes found at www.leg.wa.gov
36.100.040 Lodging tax authorized—Annual payment amount—Payment of obligations—Application of
other tax provisions. (1) A public facilities district may
impose an excise tax on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08
RCW, except that no such tax may be levied on any premises
having fewer than forty lodging units. Except for any tax
imposed under subsection (4) or (5) of this section, if a public
facilities district has not imposed such an excise tax prior to
December 31, 1995, the public facilities district may only
impose the excise tax if a ballot proposition authorizing the
imposition of the tax has been approved by a simple majority
vote of voters of the public facilities district voting on the
proposition.
(2) The rate of the tax may not exceed two percent and
the proceeds of the tax may only be used for the acquisition,
design, construction, remodeling, maintenance, equipping,
reequipping, repairing, and operation of its public facilities.
This excise tax may not be imposed until the district has
approved the proposal to acquire, design, and construct the
public facilities.
(3) Except for a public facilities district created within a
county with a population of one million five hundred thousand or more for the purpose of acquiring, owning, and operating a convention and trade center, a public facilities district
may not impose the tax authorized in this section if, after the
tax authorized in this section was imposed, the effective combined rate of state and local excise taxes, including sales and
use taxes and excise taxes on lodging, imposed on the sale of
or charge made for furnishing of lodging in any jurisdiction
in the public facilities district exceeds eleven and one-half
percent.
(4) To replace the tax authorized by *RCW 67.40.090, a
public facilities district created within a county with a population of one million five hundred thousand or more for the
purpose of acquiring, owning, and operating a convention
and trade center may impose an excise tax on the sale of or
charge made for the furnishing of lodging that is subject to
tax under chapter 82.08 RCW, except that no such tax may be
levied on any premises having fewer than sixty lodging units.
The rate of the tax may not exceed seven percent within the
portion of the district that corresponds to the boundaries of
the largest city within the public facilities district and may not
exceed 2.8 percent in the remainder of the district. The tax
36.100.040
(2010 Ed.)
36.100.040
imposed under this subsection (4) may not be collected prior
to the transfer date defined in RCW 36.100.230.
(5) To replace the tax authorized by **RCW 67.40.130,
a public facilities district created within a county with a population of one million five hundred thousand or more for the
purpose of acquiring, owning, and operating a convention
and trade center may impose an additional excise tax on the
sale of or charge made for the furnishing of lodging that is
subject to tax under chapter 82.08 RCW, except that no such
tax may be levied on any premises having fewer than sixty
lodging units. The rate of the additional excise tax may not
exceed two percent and may be imposed only within the portion of the district that corresponds to the boundaries of the
largest city within the public facilities district and may not be
imposed in the remainder of the district. The tax imposed
under this subsection (5) may not be collected prior to the
transfer date specified in RCW 36.100.230. The tax imposed
under this subsection (5) must be credited against the amount
of the tax otherwise due to the state from those same taxpayers under chapter 82.08 RCW. The tax under this subsection
(5) may be imposed only for the purpose of paying or securing the payment of the principal of and interest on obligations
issued or incurred by the public facilities district and paying
annual payment amounts to the state under subsection (6)(a)
of this section. The authority to impose the additional excise
tax under this subsection (5) expires on the date that is the
earlier of (a) July 1, 2029, or (b) the date on which all obligations issued or incurred by the public facilities district to
implement any redemption, prepayment, or legal defeasance
of outstanding obligations under RCW 36.100.230(3)(a) are
no longer outstanding.
(6)(a) Commencing with the first full fiscal year of the
state after the transfer date defined in RCW 36.100.230 and
for so long as a public facilities district imposes a tax under
subsection (5) of this section, the public facilities district
must transfer to the state of Washington on June 30th of each
state fiscal year an annual payment amount.
(b) For the purposes of this subsection (6), "annual payment amount" means an amount equal to revenues received
by the public facilities district in the fiscal year from the additional excise tax imposed under subsection (5) of this section
plus an interest charge calculated on one-half the annual payment amount times an interest rate equal to the average
annual rate of return for the prior calendar year in the Washington state local government investment pool created in
chapter 43.250 RCW.
(c)(i) If the public facilities district in any fiscal year is
required to apply additional lodging excise tax revenues to
the payment of principal and interest on obligations it issues
or incurs, and the public facilities district is unable to pay all
or any portion of the annual payment amount to the state, the
deficiency is deemed to be a loan from the state to the public
facilities district for the purpose of assisting the district in
paying such principal and interest and must be repaid by the
public facilities district to the state after providing for the
payment of the principal of and interest on obligations issued
or incurred by the public facilities district, all on terms established by an agreement between the state treasurer and the
public facilities district executed prior to the transfer date.
Any agreement between the state treasurer and the public
facilities district must specify the term for the repayment of
[Title 36 RCW—page 319]
36.100.042
Title 36 RCW: Counties
the deficiency in the annual payment amount with an interest
rate equal to the twenty bond general obligation bond buyer
index plus one percentage point.
(ii) Outstanding obligations to repay any loans deemed
to have been made to the public facilities district as provided
in any such agreements between the state treasurer and the
public facilities district survive the expiration of the additional excise tax under subsection (5) of this section.
(iii) For the purposes of this subsection (6)(c), "additional lodging excise tax revenues" mean the tax revenues
received by the public facilities district under subsection (5)
of this section.
(7) A public facilities district is authorized to pledge any
of its revenues, including without limitation revenues from
the taxes authorized in this section, to pay or secure the payment of obligations issued or incurred by the public facilities
district, subject to the terms established by the board of directors of the public facilities district. So long as a pledge of the
taxes authorized under this section is in effect, the legislature
may not withdraw or modify the authority to levy and collect
the taxes at the rates permitted under this section and may not
increase the annual payment amount to be transferred to the
state under subsection (6) of this section.
(8) The department of revenue must perform the collection of such taxes on behalf of the public facilities district at
no cost to the district, and the state treasurer must distribute
those taxes as available on a monthly basis to the district or,
upon the direction of the district, to a fiscal agent, paying
agent or trustee for obligations issued or incurred by the district.
(9) Except as expressly provided in this chapter, all of
the provisions contained in RCW 82.08.050 and 82.08.060
and chapter 82.32 RCW have full force and application with
respect to taxes imposed under the provisions of this section.
(10) The taxes imposed in this section do not apply to
sales of temporary medical housing exempt under RCW
82.08.997. [2010 1st sp.s. c 15 § 5; 2008 c 137 § 5; 2002 c
178 § 5; 1995 c 396 § 4; 1989 1st ex.s. c 8 § 4; 1988 ex.s. c 1
§ 14.]
Reviser’s note: *(1) RCW 67.40.090 is subject to a contingent repealer
pursuant to 2010 1st sp.s. c 15 §§ 14 and 16.
**(2) RCW 67.40.130 is subject to a contingent repealer pursuant to
2010 1st sp.s. c 15 §§ 14 and 16.
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
Effective date—2008 c 137: See note following RCW 82.08.997.
Retroactive application—Effective date—2002 c 178: See notes following RCW 67.28.180.
Additional notes found at www.leg.wa.gov
36.100.042 Lodging license fee or tax in excess of rate
imposed on retail businesses prohibited. (1) Except as provided in chapters 35.101, 67.28, and 82.14 RCW, after January 1, 1983, no city, town, or county in which the tax under
RCW 36.100.040 (4) and (5) is imposed may impose a
license fee or tax on the act or privilege of engaging in business to furnish lodging by a hotel, rooming house, tourist
court, motel, trailer camp, or similar facilities in excess of the
rate imposed upon other persons engaged in the business of
making sales at retail.
36.100.042
[Title 36 RCW—page 320]
(2) For the purposes of this section, "sales at retail" has
the same meaning as provided in RCW 82.04.050. [2010 1st
sp.s. c 15 § 9.]
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
36.100.050 Ad valorem property tax. (1) A public
facilities district may levy an ad valorem property tax, in
excess of the one percent limitation, upon the property within
the district for a one-year period to be used for operating or
capital purposes whenever authorized by the voters of the
district pursuant to RCW 84.52.052 and Article VII, section
2(a) of the state Constitution.
(2) A public facilities district may provide for the retirement of voter-approved general obligation bonds, issued for
capital purposes only, by levying bond retirement ad valorem
property tax levies, in excess of the one percent limitation,
whenever authorized by the voters of the district pursuant to
Article VII, section 2(b) of the state Constitution and RCW
84.52.056. [1988 ex.s. c 1 § 15.]
36.100.050
36.100.060 General obligation bonds—Termination,
reauthorization of excise tax. (1) To carry out the purpose
of this chapter, a public facilities district may issue general
obligation bonds, not to exceed an amount, together with any
outstanding nonvoter approved general obligation indebtedness, equal to one-half of one percent of the value of taxable
property within the district, as the term "value of taxable
property" is defined in RCW 39.36.015. A public facilities
district additionally may issue general obligation bonds for
capital purposes only, together with any outstanding general
obligation indebtedness, not to exceed an amount equal to
one and one-fourth percent of the value of the taxable property within the district, as the term "value of taxable property"
is defined in RCW 39.36.015, when authorized by the voters
of the public facilities district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in this
chapter.
(2) General obligation bonds may be issued with a maturity of up to thirty years, and must be issued and sold in accordance with the provisions of chapter 39.46 RCW. If the public facilities district is formed by a county with a population
of one million five hundred thousand or more to acquire,
own, and operate a convention and trade center, general obligation bonds may be issued with a maturity of up to forty
years, and must be issued and sold in accordance with the
provisions of chapter 39.46 RCW. In addition to the powers
vested in it under RCW 39.46.030, a public facilities district
created by a county with a population of one million five hundred thousand or more to acquire, own, and operate a convention and trade center may appoint, and may specify the rights
and duties of, trustees with respect to its bonds, and such
trustees may receive, hold, disburse, invest, and reinvest
funds on the district’s behalf and for the protection of the district’s bond owners.
(3) The general obligation bonds may be payable from
the operating revenues of the public facilities district in addition to the tax receipts of the district.
(4) The excise tax imposed pursuant to RCW
36.100.040(1) terminates upon final payment of all bonded
36.100.060
(2010 Ed.)
Public Facilities Districts
indebtedness for its public facilities, except that the excise tax
may be reauthorized by a public vote, in the same manner as
originally authorized, for funding of additional public facilities or a regional center. [2010 1st sp.s. c 15 § 6; 1999 c 165
§ 15; 1995 1st sp.s. c 14 § 4; 1995 c 396 § 5; 1989 1st ex.s. c
8 § 5; 1988 ex.s. c 1 § 16.]
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
Additional notes found at www.leg.wa.gov
36.100.070 Acquisition and transfer of real and personal property. A public facilities district may acquire and
transfer real and personal property by lease, sublease, purchase, or sale. [1988 ex.s. c 1 § 17.]
36.100.070
36.100.080 Direct or collateral attack barred after
thirty days. No direct or collateral attack on any public facilities district purported to be authorized or created in conformance with this chapter may be commenced more than thirty
days after creation by the county legislative authority. [1995
1st sp.s. c 14 § 5.]
36.100.080
Additional notes found at www.leg.wa.gov
36.100.090 Tax deferral—New public facilities. (1)
The governing board of a public facilities district may apply
for deferral of taxes on the construction of buildings, site
preparation, and the acquisition of related machinery and
equipment for a new public facility. Application shall be
made to the department of revenue in a form and manner prescribed by the department of revenue. The application shall
contain information regarding the location of the public facility, estimated or actual costs, time schedules for completion
and operation, and other information required by the department of revenue. The department of revenue shall approve
the application within sixty days if it meets the requirements
of this section.
(2) The department of revenue shall issue a sales and use
tax deferral certificate for state and local sales and use taxes
due under chapters 82.08, 82.12, and 82.14 RCW on the public facility. The use of the certificate shall be governed by
rules established by the department of revenue.
(3) The public facilities district shall begin paying the
deferred taxes in the fifth year after the date certified by the
department of revenue as the date on which the public facility
is operationally complete. The first payment is due on
December 31st of the fifth calendar year after such certified
date, with subsequent annual payments due on December
31st of the following nine years. Each payment shall equal
ten percent of the deferred tax.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of the public facilities
district.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all other
penalties and interest applicable to delinquent excise taxes
may be assessed and imposed for delinquent payments under
this section. The debt for deferred taxes is not extinguished
by insolvency or other failure of the public facilities district.
(6) Applications and any other information received by
the department of revenue under this section are not confi36.100.090
(2010 Ed.)
36.100.130
dential and are subject to disclosure. Chapter 82.32 RCW
applies to the administration of this section.
(7) As used in this section, "public facility" means a
baseball stadium with a retractable roof or canopy and natural
turf. [1995 1st sp.s. c 14 § 6.]
Additional notes found at www.leg.wa.gov
36.100.100 Ex officio treasurer. The treasurer of the
county in which a public facilities district is located must be
the ex officio treasurer of the district, unless the board of
directors of a public facilities district created in a county of
one million five hundred thousand or more designates by resolution another person having experience in financial or fiscal matters as the treasurer of the district. Such a treasurer
possesses all of the powers, responsibilities, and duties of,
and is subject to the same restrictions as provided by law for,
a county treasurer with regard to district financial matters.
Such treasurer must be bonded for not less than twenty-five
thousand dollars. [2010 1st sp.s. c 15 § 7; 1995 c 396 § 7.]
36.100.100
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
Additional notes found at www.leg.wa.gov
36.100.110 Travel, expense reimbursement policy—
Required. The board of directors of the public facilities district shall adopt a resolution that may be amended from time
to time that shall establish the basic requirements governing
methods and amounts of reimbursement payable to such district officials and employees for travel and other business
expenses incurred on behalf of the district. The resolution
shall, among other things, establish procedures for approving
such expenses; the form of the travel and expense voucher;
and requirements governing the use of credit cards issued in
the name of the district. The resolution may also establish
procedures for payment of per diem to board members. The
state auditor shall, as provided by general law, cooperate with
the public facilities district in establishing adequate procedures for regulating and auditing the reimbursement of all
such expenses. [1995 c 396 § 8.]
36.100.110
Additional notes found at www.leg.wa.gov
36.100.120 Travel, expense reimbursement policy—
Limitations. The board of directors of the public facilities
district may authorize payment of actual and necessary
expenses of officers and employees for lodging, meals, and
travel-related costs incurred in attending meetings or conferences on behalf of the public facilities district and strictly in
the public interest and for public purposes. Officers and
employees may be advanced sufficient sums to cover their
anticipated expenses in accordance with rules adopted by the
state auditor, which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1995
c 396 § 9.]
36.100.120
Additional notes found at www.leg.wa.gov
36.100.130 Board of directors—Compensation. Each
member of the board of directors of the public facilities district may receive compensation of fifty dollars per day for
attending meetings or conferences on behalf of the district,
not to exceed three thousand dollars per year. A director may
36.100.130
[Title 36 RCW—page 321]
36.100.140
Title 36 RCW: Counties
waive all or a portion of his or her compensation under this
section as to a month or months during his or her term of
office, by a written waiver filed with the public facilities district. The compensation provided in this section is in addition
to reimbursement for expenses paid to the directors by the
public facilities district. [1995 c 396 § 10.]
entitled to medical, life, accident, or health disability insurance. Insurance for employees and board members shall not
be considered compensation. District coverage for the board
is not to exceed that provided public facilities district
employees. [1995 c 396 § 14.]
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
36.100.180 Service provider agreements—Competitive solicitation process for personal service contracts of
one hundred fifty thousand dollars or more—Exceptions.
(1) The public facilities district may secure services by means
of an agreement with a service provider. The public facilities
district shall publish notice, establish criteria, receive and
evaluate proposals, and negotiate with respondents under
requirements set forth by district resolution.
(2) For personal service contracts of one hundred fifty
thousand dollars or greater not otherwise governed by chapter 39.80 RCW, contracts for architectural and engineering
services, a competitive solicitation process is required. The
district shall establish the process by resolution, which must
at a minimum include the following:
(a) Notice. A notice inviting statements of either qualifications or proposals, or both, from interested parties must be
published in a newspaper of general circulation throughout
the county in which the district is located at least ten days
before the date for submitting the statements of qualifications
or proposals.
(b) Description of services required. The request for
statements of either qualifications or proposals, or both published or provided to interested parties must describe the services required and list the types of information and data
required of each proposal. It may also describe the evaluation criteria and state the relative importance of the criteria if
then available.
(c) Review and evaluation. The district shall establish a
process to review and evaluate statements of either qualifications or proposals, or both. That process may include a selection board identified by the district or some other panel of
evaluators. If appropriate, the reviewers may hear oral presentations by proposers.
(d) Selection. The evaluators shall select and rank the
most qualified proposers. In selecting and ranking such proposers, the selection board shall consider the evaluation criteria established by the district and may consider such other
information as may be secured during the evaluation process
related to a proposer’s qualifications and experience.
(e) Negotiations. The district shall enter into contract
negotiations with the top-ranked proposer or proposers identified in the selection process. Negotiations may be conducted concurrently or sequentially as may be allowed by
law.
(f) Approval. When negotiations are complete, the proposed contract will be presented to the district’s governing
body at its next regularly scheduled meeting for approval or
ratification.
(3) Exceptions. The requirements of this section need
not be met in the following circumstances:
(a) Emergency. When the contracting authority makes a
finding that an emergency requires the immediate execution
of the work involved. As used in this subsection, "emer36.100.180
36.100.140 Liability insurance. The board of directors
of the public facilities district may purchase liability insurance with such limits as the directors may deem reasonable
for the purpose of protecting and holding personally harmless
district officers and employees against liability for personal
or bodily injuries and property damage arising from their acts
or omissions while performing or in good faith purporting to
perform their official duties. [1995 c 396 § 11.]
36.100.140
Additional notes found at www.leg.wa.gov
36.100.150 Costs of defense. Whenever an action,
claim, or proceeding is instituted against a person who is or
was an officer or employee of the public facilities district
arising out of the performance of duties for or employment
with the district, the public facilities district may grant a
request by the person that the attorney of the district’s choosing be authorized to defend the claim, suit, or proceeding, and
the costs of defense, attorneys’ fees, and obligation for payments arising from the action may be paid from the district’s
funds. Costs of defense or judgment or settlement against the
person shall not be paid in a case where the court has found
that the person was not acting in good faith or within the
scope of employment with or duties for the public facilities
district. [1995 c 396 § 12.]
36.100.150
Additional notes found at www.leg.wa.gov
36.100.160 Expenditure of funds—Purposes. (1) The
board of directors of the public facilities district shall have
authority to authorize the expenditure of funds for the public
purposes of preparing and distributing information to the
general public and promoting, advertising, improving, developing, operating, and maintaining facilities of the district.
For promotional activities the district board must: (a) Identify the proposed expenditure in its annual budget; and (b)
adopt written rules governing promotional hosting by
employees, agents, and the board, including requirements for
identifying and evaluating the public benefits to be derived
and documenting the public benefits realized.
(2) Nothing contained in this section may be construed to
authorize preparation and distribution of information to the
general public for the purpose of influencing the outcome of
a district election. [2009 c 167 § 1; 1995 c 396 § 13.]
36.100.160
Additional notes found at www.leg.wa.gov
36.100.170 Employees—Benefits. The public facilities
district shall have authority to create and fill positions, fix
wages, salaries, and bonds therefor, pay costs involved in
securing or arranging to secure employees, and establish benefits for employees, including holiday pay, vacations or vacation pay, retirement benefits, medical, life, accident, or health
disability insurance, as approved by the board. Public facilities district board members, at their own expense, shall be
36.100.170
[Title 36 RCW—page 322]
(2010 Ed.)
Public Facilities Districts
gency" has the same meaning as provided in RCW
39.29.006;
(b) Contract amendment. Amendments to existing service contracts are exempt from these requirements; and
(c) Sole source. In the event that the services being
sought can only be obtained from a single source, then the
district shall make a formal written finding stating the factual
basis for the exception and the solicitation requirements of
this section do not apply. As used in this subsection, "sole
source" has the same meaning as provided in RCW
39.29.006.
(4) Prospective application. Nothing in this section
affects the validity or effect of any district contract executed
prior to July 26, 2009. [2009 c 533 § 4; 1995 c 396 § 15.]
Additional notes found at www.leg.wa.gov
36.100.190 Purchases and sales—Procedures. In
addition to provisions contained in chapter 39.04 RCW, the
public facilities district is authorized to follow procedures
contained in RCW 43.19.1906 and 43.19.1911 for all purchases, contracts for purchase, and sales. [1995 c 396 § 16.]
36.100.190
Additional notes found at www.leg.wa.gov
36.100.200 Revenue bonds—Limitations. (1) A public facilities district may issue revenue bonds to fund revenue
generating facilities, or portions of facilities, which it is
authorized to provide or operate. Whenever revenue bonds
are to be issued, the board of directors of the district shall create or have created a special fund or funds from which, along
with any reserves created pursuant to RCW 39.44.140, the
principal and interest on such revenue bonds shall exclusively be payable. The board may obligate the district to set
aside and pay into the special fund or funds a fixed proportion
or a fixed amount of the revenues from the public improvements, projects, or facilities, and all related additions, that are
funded by the revenue bonds. This amount or proportion shall
be a lien and charge against these revenues, subject only to
operating and maintenance expenses. The board shall have
due regard for the cost of operation and maintenance of the
public improvements, projects, or facilities, or additions, that
are funded by the revenue bonds, and shall not set aside into
the special fund or funds a greater amount or proportion of
the revenues that in its judgment will be available over and
above the cost of maintenance and operation and the amount
or proportion, if any, of the revenue so previously pledged.
The board may also provide that revenue bonds payable out
of the same source or sources of revenue may later be issued
on a parity with any revenue bonds being issued and sold.
(2) Revenue bonds issued pursuant to this section shall
not be an indebtedness of the district issuing the bonds, and
the interest and principal on the bonds shall only be payable
from the revenues lawfully pledged to meet the principal and
interest requirements and any reserves created pursuant to
RCW 39.44.140. The owner or bearer of a revenue bond or
any interest coupon issued pursuant to this section shall not
have any claim against the district arising from the bond or
coupon except for payment from the revenues lawfully
pledged to meet the principal and interest requirements and
any reserves created pursuant to RCW 39.44.140. The substance of the limitations included in this subsection shall be
36.100.200
(2010 Ed.)
36.100.210
plainly printed, written, or engraved on each bond issued pursuant to this section.
(3) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The board of directors of the district
shall by resolution determine for each revenue bond issue the
amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of
execution, manner of sale, callable provisions, if any, and
covenants including the refunding of existing revenue bonds.
Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same
manner as revenue bonds are issued. [1995 c 396 § 17.]
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
Additional notes found at www.leg.wa.gov
36.100.205 Bonds issued are securities. Bonds issued
under this chapter are hereby made securities in which all
public officers and public bodies of the state and its political
subdivisions, all insurance companies, trust companies in
their commercial departments, savings banks, cooperative
banks, banking associations, investment companies, executors, trustees and other fiduciaries, and all other persons
whatsoever who are now or may hereafter be authorized to
invest in obligations of the state may properly and legally
invest funds, including capital in their control or belonging to
them. Such bonds are hereby made securities which may
properly and legally be deposited with and received by any
state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of
bonds and other obligations of the state are now or may hereafter be authorized by law. [2010 1st sp.s. c 15 § 11.]
36.100.205
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
36.100.210 Tax on admissions. A public facility district may levy and fix a tax of not more than one cent on
twenty cents or fraction thereof to be paid by the person who
pays an admission charge to a regional center, as defined in
RCW 35.57.020. This includes a tax on persons who are
admitted free of charge or at reduced rates if other persons
pay a charge or a regular higher charge for the same privileges or accommodations.
The term "admission charge" includes:
(1) A charge made for season tickets or subscriptions;
(2) A cover charge, or a charge made for use of seats and
tables reserved or otherwise, and other similar accommodations;
(3) A charge made for food and refreshment if free entertainment, recreation, or amusement is provided;
(4) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of
the equipment or facilities is necessary to the enjoyment of a
privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;
(5) Automobile parking charges if the amount of the
charge is determined according to the number of passengers
in the automobile. [1999 c 165 § 17.]
36.100.210
Additional notes found at www.leg.wa.gov
[Title 36 RCW—page 323]
36.100.220
Title 36 RCW: Counties
36.100.220 Tax on vehicle parking charges. A public
facility district may levy and fix a tax on any vehicle parking
charges imposed at any parking facility that is owned or
leased by the public facility district as part of a regional center, as defined in RCW 35.57.020. No county or city or town
within which the regional center is located may impose a tax
of the same or similar kind on any vehicle parking charges at
the facility. For the purposes of this section, "vehicle parking
charges" means only the actual parking charges exclusive of
taxes and service charges and the value of any other benefit
conferred. The tax authorized under this section shall be at
the rate of not more than ten percent. [1999 c 165 § 18.]
36.100.220
Additional notes found at www.leg.wa.gov
36.100.230 Transfer of property, assets, and other
interests from state convention and trade center public
nonprofit to district—Necessary actions. (1) On the transfer date the board of directors of a public nonprofit corporation formed under *RCW 67.40.020 that owns and operates a
state convention and trade center must transfer all lands,
facilities, equipment, assets, other interests in real, personal,
and intangible property, and interests under contracts, leases,
licenses, and agreements under the control of that board of
directors to a public facilities district created as provided in
RCW 36.100.010 by the county in which the convention and
trade center is located pursuant to an agreement with the public facilities district, subject to the review and approval of the
state treasurer.
(2) No real estate excise tax or other excise tax may be
imposed with respect to the transfer of assets of the public
nonprofit corporation to the public facilities district.
(3) For the purposes of this section, "transfer date"
means the date on or prior to June 30, 2011, on which provision has been made for all of the following, pursuant to agreements and other necessary arrangements approved by the
state treasurer:
(a) The redemption, prepayment, or legal defeasance on
or prior to the transfer date of all outstanding borrowings and
other financing obligations of the state of Washington and the
public nonprofit corporation with respect to the state convention and trade center, including state bonds and certificates of
participation and related financing contracts;
(b) The transfer to the public facilities district on the
transfer date of the balances on deposit in the state convention and trade center operations account, the state convention
and trade center account and other accounts relating to the
state convention and trade center, including the revenues
identified under (g)(ii) of this subsection (3);
(c) The imposition by the public facilities district of
excise taxes on the sale of or charge made for the furnishing
of lodging under RCW 36.100.040 (4) and (5) at the maximum rates permitted in those subsections;
(d) The transfer of all other assets and liabilities and, to
the extent permissible by their terms, the assignment or transfer of all contracts and agreements of the public nonprofit
corporation from the public nonprofit corporation to the public facilities district;
(e) The execution of an agreement settling all claims in
the case of Tourism Alliance, a Washington nonprofit corporation; Craig Schafer; Claridge LLC, a Washington limited
liability company; R.C. Hedreen Corporation, a Washington
36.100.230
[Title 36 RCW—page 324]
corporation; and on behalf of taxpayers, Andrew Olsen, Amy
L. Dee, Christopher M. Dee, Clipper Navigation, Inc., a
Washington corporation v. State of Washington and James L.
McIntire, in his official capacity as State Treasurer of the
State of Washington;
(f) The payment or provision for payment of all fees,
costs, and expenses incurred by the state of Washington and
the public nonprofit corporation to effect such transfer;
(g) An agreement of the public facilities district to transfer to the state on June 30, 2011, an amount equal to (i) the
revenues from the tax imposed under RCW 36.100.040(5)
during the state fiscal year ending June 30, 2011, plus (ii) the
revenues from the tax imposed under **RCW 67.40.130 during the state fiscal year ending June 30, 2011; and
(h) The agreement between the state treasurer and the
public facilities district, referred to in RCW
36.100.040(6)(c)(i). [2010 1st sp.s. c 15 § 8.]
Reviser’s note: *(1) RCW 67.40.020 is subject to a contingent repealer
pursuant to 2010 1st sp.s. c 15 §§ 15 and 17.
**(2) RCW 67.40.130 is subject to a contingent repealer pursuant to
2010 1st sp.s. c 15 §§ 14 and 16.
Contingent effective date—2010 1st sp.s. c 15 § 14: "Section 14 of
this act is effective contingent upon the transfer date occurring in section 8 of
this act. If the transfer date occurs in section 8 of this act, section 14 of this
act is effective on the transfer date. For the purposes of this section, "transfer
date" has the same meaning as provided in section 8 of this act." [2010 1st
sp.s. c 15 § 16.]
Contingent effective date—2010 1st sp.s. c 15 § 15: "Section 15 of
this act is effective contingent upon the transfer date occurring in section 8 of
this act. If the transfer date occurs in section 8 of this act, section 15 of this
act is effective thirty days after the transfer date in section 8 of this act. For
the purposes of this section, "transfer date" has the same meaning as provided in section 8 of this act." [2010 1st sp.s. c 15 § 17.]
Notice of effective dates—2010 1st sp.s. c 15 §§ 16 and 17: "The state
treasurer must provide written notice of the effective dates in sections 16 and
17 of this act to the department of revenue, the office of the code reviser, and
others as deemed appropriate by the state treasurer." [2010 1st sp.s. c 15 §
18.]
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
36.100.240 Eminent domain authorized. (1) Any
county with a population of one million five hundred thousand or more that creates a public facilities district pursuant
to this chapter to acquire, own, and operate a convention and
trade center transferred from a public nonprofit corporation is
authorized to acquire by condemnation property or property
rights as may be necessary to carry out the purposes of such
district. If the legislative body of such county chooses to
exercise its authority to acquire property by eminent domain
on behalf of such public facilities district, it must do so pursuant to the procedures set forth in chapter 8.08 RCW.
(2) The accomplishment of the activities authorized by
this chapter is declared to be a strictly public purpose of the
municipality or municipal entities authorized to perform the
same.
(3) The powers and authority conferred by this section
are in addition and supplemental to existing powers or
authority. Nothing contained in this section limits any other
powers or authority of any agency, political subdivision, or
unit of local government of this state. [2010 1st sp.s. c 15 §
12.]
36.100.240
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
(2010 Ed.)
Stadium and Exhibition Centers
36.100.900 Severability—1988 ex.s. c 1. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1988 ex.s. c 1 § 27.]
36.100.900
36.100.905 Construction—2010 1st sp.s. c 15. Nothing in chapter 15, Laws of 2010 1st sp. sess. may be construed to limit the authority of a public nonprofit corporation
under *chapter 67.40 RCW prior to **the effective date of
section 14 of this act. [2010 1st sp.s. c 15 § 10.]
36.102.802
36.102.803
36.102.900
36.102.901
36.102.020
Contingency—Null and void—Team affiliate’s agreement for
reimbursement for election—1997 c 220.
Referendum—Submittal—Explanatory statement—Voters’
pamphlet—Voting procedures—Canvassing and certification—Reimbursement of counties for costs—No other elections on stadium and exhibition center—1997 c 220.
Part headings not law—1997 c 220.
Severability—1997 c 220.
36.100.905
Reviser’s note: *(1) Chapter 67.40 RCW is subject to contingent
repealers pursuant to 2010 1st sp.s. c 15 §§ 14, 15, 16, and 17.
**(2) The effective date of 2010 1st sp.s. c 15 § 14 is contingent upon
the transfer date occurring in 2010 1st sp.s. c 15 § 8.
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
Chapter 36.102 RCW
STADIUM AND EXHIBITION CENTERS
Chapter 36.102
Sections
36.102.010
36.102.020
36.102.030
36.102.040
36.102.050
36.102.060
36.102.070
36.102.080
36.102.090
36.102.100
36.102.110
36.102.120
36.102.130
36.102.140
36.102.150
36.102.160
36.102.170
36.102.180
36.102.190
36.102.200
36.102.800
36.102.801
(2010 Ed.)
Definitions.
Public stadium authority—Creation—Powers and duties—
Transfer of property.
Public stadium authority—Board of directors—Appointment—Terms—Vacancy—Removal.
Public stadium authority advisory committee—Appointment—Review and comment on proposed lease agreement.
Public stadium authority—Powers and duties—Acquisition,
construction, ownership, remodeling, maintenance, equipping, reequipping, repairing, and operation of stadium and
exhibition center—Contracts and agreements regarding
ownership and operation—Employees unclassified—Supplemental public works contracting procedures—Charges
and fees—Gifts, grants, and donations—Prevailing wage
and women and minority-business participation.
Public stadium authority—Powers and duties—Site—Project
scope—Design and specification—Use of professional services—Budget—Financing structure—Development agreement—Lease agreement—Profit-sharing discussion—Master tenant funds for Olympics and world cup—Stadium
scheduling—Super Bowl acquisition—Mitigation—Demolition filming—Permanent seat licenses.
Deferral of taxes—Application by public stadium authority—
Department of revenue approval—Repayment—Schedules—Interest—Debt for taxes—Information not confidential.
Naming rights—Use of revenues.
Donated moneys.
Construction agreements—Property assembly—Demolition
of existing structures.
Property acquisition and sale.
Public stadium authority board of directors—Travel and business expenses—Resolution on payment and procedures—
Operating budget report.
Public stadium authority officers and employees—Expenses.
Public stadium authority board of directors—Compensation—
Waiver.
Public stadium authority—Liability insurance.
Public stadium authority—Defense of suit, claim, or proceeding against officer or employee—Costs—Attorneys’ fees—
Obligation—Exception.
Information preparation and distribution.
Public stadium authority—Employee positions—Wages and
benefits—Insurance of employees, board members.
Public stadium authority—Securing services—Service provider agreement—Resolutions setting procedures.
Public stadium authority—Confidentiality of financial information.
Referendum only measure for taxes for stadium and exhibition
center—Limiting legislation upon failure to approve—1997
c 220.
Legislation as opportunity for voter’s decision—Not indication of legislators’ personal vote on referendum proposal—
1997 c 220.
36.102.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Design" includes architectural, engineering, and
other related professional services.
(2) "Develop" means, generally, the process of planning,
designing, financing, constructing, owning, operating, and
leasing a project such as a stadium and exhibition center.
(3) "Permanent seat license" means a transferable license
sold to a third party that, subject to certain conditions, restrictions, and limitations, entitles the third party to purchase a
season ticket to professional football games of the professional football team played in the stadium and exhibition center for so long as the team plays its games in that facility.
(4) "Preconstruction" includes negotiations, including
negotiations with any team affiliate, planning, studies,
design, and other activities reasonably necessary before constructing a stadium and exhibition center.
(5) "Professional football team" means a team that is a
member of the national football league or similar professional football association.
(6) "Public stadium authority operation" means the formation and ongoing operation of the public stadium authority, including the hiring of employees, agents, attorneys, and
other contractors, and the acquisition and operation of office
facilities.
(7) "Site acquisition" means the purchase or other acquisition of any interest in real property including fee simple
interests and easements, which property interests constitute
the site for a stadium and exhibition center.
(8) "Site preparation" includes demolition of existing
improvements, environmental remediation, site excavation,
shoring, and construction and maintenance of temporary traffic and pedestrian routing.
(9) "Stadium and exhibition center" means an open-air
stadium suitable for national football league football and for
Olympic and world cup soccer, with adjacent exhibition
facilities, together with associated parking facilities and other
ancillary facilities.
(10) "Team affiliate" means a professional football team
that will use the stadium and exhibition center, and any affiliate of the team designated by the team. An "affiliate of the
team" means any person or entity that controls, is controlled
by, or is under common control with the team. [1997 c 220 §
101 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.010
36.102.020 Public stadium authority—Creation—
Powers and duties—Transfer of property. (1) A public
stadium authority may be created in any county that has
entered into a letter of intent relating to the development of a
stadium and exhibition center under chapter 220, Laws of
1997 with a team affiliate or an entity that has a contractual
right to become a team affiliate.
36.102.020
[Title 36 RCW—page 325]
36.102.030
Title 36 RCW: Counties
(2) A public stadium authority shall be created upon
adoption of a resolution providing for the creation of such an
authority by the county legislative authority in which the proposed authority is located.
(3) A public stadium authority shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may
now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff,
and services, to enter into contracts, and to sue and be sued.
(4) The legislative authority of the county in which the
public stadium authority is located, or the council of any city
located in that county, may transfer property to the public stadium authority created under this chapter. Property encumbered by debt may be transferred by a county legislative
authority or a city council to a public stadium authority created to develop a stadium and exhibition center under RCW
36.102.050, but obligation for payment of the debt may not
be transferred. [1997 c 220 § 102 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.030
36.102.030 Public stadium authority—Board of
directors—Appointment—Terms—Vacancy—Removal.
(1) A public stadium authority shall be governed by a board
of directors consisting of seven members appointed by the
governor. The speaker of the house of representatives, the
minority leader of the house of representatives, the majority
leader of the senate, and the minority leader of the senate
shall each recommend to the governor a person to be
appointed to the board.
(2) Members of the board of directors shall serve fouryear terms of office, except that three of the initial seven
board members shall serve two-year terms of office. The governor shall designate the initial terms of office for the initial
members who are appointed.
(3) A vacancy shall be filled in the same manner as the
original appointment was made and the person appointed to
fill a vacancy shall serve for the remainder of the unexpired
term of the office for the position to which he or she was
appointed.
(4) A director appointed by the governor may be
removed from office by the governor. [1997 c 220 § 103
(Referendum Bill No. 48, approved June 17, 1997).]
36.102.040
36.102.040 Public stadium authority advisory committee—Appointment—Review and comment on proposed lease agreement. (1) There is created a public stadium authority advisory committee comprised of five members. The advisory committee consists of: The director of the
office of financial management, who shall serve as chair; two
members appointed by the house of representatives, one each
appointed by the speaker of the house of representatives and
the minority leader of the house of representatives; and two
members appointed by the senate, one each appointed by the
majority leader of the senate and the minority leader of the
senate.
(2) The advisory committee, prior to the final approval of
any lease with the master tenant or sale of stadium naming
rights, shall review and comment on the proposed lease
[Title 36 RCW—page 326]
agreement or sale of stadium naming rights. [1997 c 220 §
104 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.050 Public stadium authority—Powers and
duties—Acquisition, construction, ownership, remodeling, maintenance, equipping, reequipping, repairing, and
operation of stadium and exhibition center—Contracts
and agreements regarding ownership and operation—
Employees unclassified—Supplemental public works
contracting procedures—Charges and fees—Gifts,
grants, and donations—Prevailing wage and women and
minority-business participation. (1) The public stadium
authority is authorized to acquire, construct, own, remodel,
maintain, equip, reequip, repair, and operate a stadium and
exhibition center as defined in RCW 36.102.010.
(2) The public stadium authority may enter into agreements under chapter 39.34 RCW for the joint provision and
operation of a stadium and exhibition center and may enter
into contracts under chapter 39.34 RCW where any party to
the contract provides and operates the stadium and exhibition
center for the other party or parties to the contract.
(3) Any employees of the public stadium authority shall
be unclassified employees not subject to the provisions of
chapter 41.06 RCW and a public stadium authority may contract with a public or private entity for the operation or management of the stadium and exhibition center.
(4) The public stadium authority is authorized to use the
alternative supplemental public works contracting procedures set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
a stadium and exhibition center.
(5) The public stadium authority may impose charges
and fees for the use of the stadium and exhibition center, and
may accept and expend or use gifts, grants, and donations.
(6) The public stadium authority shall comply with the
prevailing wage requirements of chapter 39.12 RCW and
goals established for women and minority-business participation for the county. [1997 c 220 § 105 (Referendum Bill No.
48, approved June 17, 1997).]
36.102.050
36.102.060 Public stadium authority—Powers and
duties—Site—Project scope—Design and specification—
Use of professional services—Budget—Financing structure—Development agreement—Lease agreement—
Profit-sharing discussion—Master tenant funds for
Olympics and world cup—Stadium scheduling—Super
Bowl acquisition—Mitigation—Demolition filming—Permanent seat licenses. In addition to other powers and
restrictions on a public stadium authority, the following apply
to a public stadium authority created to develop a stadium
and exhibition center under RCW 36.102.050:
(1) The public stadium authority, in consultation with the
team affiliate, shall have the authority to determine the stadium and exhibition center site;
(2) The public stadium authority, in consultation with the
team affiliate, shall have the authority to establish the overall
scope of the stadium and exhibition center project, including,
but not limited to, stadium and exhibition center itself, associated exhibition facilities, associated parking facilities, associated retail and office development that are part of the sta36.102.060
(2010 Ed.)
Stadium and Exhibition Centers
dium and exhibition center, and ancillary services and facilities;
(3) The public stadium authority, in consultation with the
team affiliate, shall have the authority to make the final determination of the stadium and exhibition center overall design
and specification;
(4) The public stadium authority shall have the authority
to contract with a team affiliate for the provision of architectural, engineering, environmental, and other professional services related to the stadium and exhibition center site, design
options, required environmental studies, and necessary permits for the stadium and exhibition center;
(5) The public stadium authority, in consultation with the
team affiliate, shall have the authority to establish the project
budget on the stadium and exhibition center project;
(6) The public stadium authority, in consultation with the
team affiliate, shall have the authority to make recommendations to the state finance committee regarding the structure of
the financing of the stadium and exhibition center project;
(7) The public stadium authority shall have the authority
to enter into a development agreement with a team affiliate
whereby the team affiliate may control the development of
the stadium and exhibition center project, consistent with
subsections (1) through (6) of this section, in consideration of
which the team affiliate assumes the risk of costs of development that are in excess of the project budget established
under subsection (5) of this section. Under the development
agreement, the team affiliate shall determine bidding specifications and requirements, and other aspects of development.
Under the development agreement, the team affiliate shall
determine procurement procedures and other aspects of
development, and shall select and engage an architect or
architects and a contractor or contractors for the stadium and
exhibition center project, provided that the construction,
alterations, repairs, or improvements of the stadium and exhibition center shall be subject to the prevailing wage requirements of chapter 39.12 RCW and all phases of the development shall be subject to the goals established for women and
minority-business participation for the county where the stadium and exhibition center is located. The team affiliate
shall, to the extent feasible, hire local residents and in particular residents from the areas immediately surrounding the
stadium and exhibition center during the construction and
ongoing operation of the stadium and exhibition center;
(8) The public stadium authority shall have the authority
to enter into a long-term lease agreement with a team affiliate
whereby, in consideration of the payment of fair rent and
assumption of operating and maintenance responsibilities,
risk, legal liability, and costs associated with the stadium and
exhibition center, the team affiliate becomes the sole master
tenant of the stadium and exhibition center. The master tenant
lease agreement must require the team affiliate to publicly
disclose, on an annual basis, an audited profit and loss financial statement. The team affiliate shall provide a guarantee,
security, or a letter of credit from a person or entity with a net
worth in excess of one hundred million dollars that guarantees a maximum of ten years’ payments of fair rent under the
lease in the event of the bankruptcy or insolvency of the team
affiliate. The master tenant shall have the power to sublease
and enter into use, license, and concession agreements with
various users of the stadium and exhibition center including
(2010 Ed.)
36.102.060
the professional football team, and the master tenant has the
right to name the stadium and exhibition center, subject to
RCW 36.102.080. The master tenant shall meet goals, established by the county where the stadium and exhibition center
is located, for women and minority employment for the operation of the stadium and exhibition center. Except as provided in subsection (10) of this section, the master tenant
shall have the right to retain revenues derived from the operation of the stadium and exhibition center, including revenues
from the sublease and uses, license and concession agreements, revenues from suite licenses, concessions, advertising, long-term naming rights subject to RCW 36.102.080,
and parking revenue. If federal law permits interest on bonds
issued to finance the stadium and exhibition center to be
treated as tax exempt for federal income tax purposes, the
public stadium authority and the team affiliate shall endeavor
to structure and limit the amounts, sources, and uses of any
payments received by the state, the county, the public stadium authority, or any related governmental entity for the use
or in respect to the stadium and exhibition center in such a
manner as to permit the interest on those bonds to be tax
exempt. As used in this subsection, "fair rent" is solely
intended to cover the reasonable operating expenses of the
public stadium authority and shall be not less than eight hundred fifty thousand dollars per year with annual increases
based on the consumer price index;
(9) Subject to RCW 43.99N.020(2)(b)(ix), the public stadium authority may reserve the right to discuss profit sharing
from the stadium and exhibition center from sources that
have not been identified at the time the long-term lease agreement is executed;
(10) The master tenant may retain an amount to cover the
actual cost of preparing the stadium and exhibition center for
activities involving the Olympic Games and world cup soccer. Revenues derived from the operation of the stadium and
exhibition center for activities identified in this subsection
that exceed the master tenant’s actual costs of preparing,
operating, and restoring the stadium and exhibition center
must be deposited into the tourism development and promotion account created in RCW 43.330.094;
(11) The public stadium authority, in consultation with a
public facilities district that is located within the county, shall
work to eliminate the use of the stadium and exhibition center
for events during the same time as events are held in the baseball stadium as defined in RCW 82.14.0485;
(12) The public stadium authority, in consultation with
the team affiliate, must work to secure the hosting of a Super
Bowl, if the hosting requirements are changed by the national
football league or similar professional football association;
(13) The public stadium authority shall work with surrounding areas to mitigate the impact of the construction and
operation of the stadium and exhibition center;
(14) The public stadium authority, in consultation with
the office of financial management, shall negotiate filming
rights of the demolition of the existing domed stadium on the
stadium and exhibition center site. All revenues derived from
the filming of the demolition of the existing domed stadium
shall be deposited into the film and video promotion account
created in RCW 43.330.092; and
(15) The public stadium authority shall have the authority, upon the agreement of the team affiliate, to sell perma[Title 36 RCW—page 327]
36.102.070
Title 36 RCW: Counties
nent seat licenses, and the team affiliate may act as the sales
agent for this purpose. [1997 c 220 § 106 (Referendum Bill
No. 48, approved June 17, 1997).]
[1997 c 220 § 107 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.090 Donated moneys. A public stadium authority may accept and expend moneys that may be donated for
the purpose of a stadium and exhibition center. [1997 c 220
§ 108 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.090
36.102.070
36.102.070 Deferral of taxes—Application by public
stadium authority—Department of revenue approval—
Repayment—Schedules—Interest—Debt for taxes—
Information not confidential. (1) The governing board of a
public stadium authority may apply for deferral of taxes on
the construction of buildings, site preparation, and the acquisition of related machinery and equipment for a stadium and
exhibition center. Application shall be made to the department of revenue in a form and manner prescribed by the
department of revenue. The application shall contain information regarding the location of the stadium and exhibition
center, estimated or actual costs, time schedules for completion and operation, and other information required by the
department of revenue. The department of revenue shall
approve the application within sixty days if it meets the
requirements of this section.
(2) The department of revenue shall issue a sales and use
tax deferral certificate for state and local sales and use taxes
due under chapters 82.08, 82.12, and 82.14 RCW on the public facility.
(3) The public stadium authority shall begin paying the
deferred taxes in the fifth year after the date certified by the
department of revenue as the date on which the stadium and
exhibition center is operationally complete. The first payment is due on December 31st of the fifth calendar year after
such certified date, with subsequent annual payments due on
December 31st of the following nine years. Each payment
shall equal ten percent of the deferred tax.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of the public stadium
authority.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all other
penalties and interest applicable to delinquent excise taxes
may be assessed and imposed for delinquent payments under
this section. The debt for deferred taxes is not extinguished
by insolvency or other failure of the public stadium authority.
(6) The repayment of deferred taxes and interest, if any,
shall be deposited into the stadium and exhibition center
account created in RCW 43.99N.060 and used to retire bonds
issued under RCW 43.99N.020 to finance the construction of
the stadium and exhibition center.
(7) Applications and any other information received by
the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW
applies to the administration of this section. [1997 c 220 §
201 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.080
36.102.080 Naming rights—Use of revenues. Revenues from the sales of naming rights of a stadium and exhibition center developed under RCW 36.102.050 may only be
used for costs associated with capital improvements associated with modernization and maintenance of the stadium and
exhibition center. The sales of naming rights are subject to
the reasonable approval of the public stadium authority.
[Title 36 RCW—page 328]
36.102.100 Construction agreements—Property
assembly—Demolition of existing structures. (1) The public stadium authority, the county, and the city, if any, in
which the stadium and exhibition center is to be located shall
enter into one or more agreements regarding the construction
of a stadium and exhibition center. The agreements shall
address, but not be limited to:
(a) Expedited permit processing for the design and construction of the stadium and exhibition center project;
(b) Expedited environmental review processing;
(c) Expedited processing of requests for street, right-ofway, or easement vacations necessary for the construction of
the stadium and exhibition center project; and
(d) Other items deemed necessary for the design and
construction of the stadium and exhibition center project.
(2) The county shall assemble such real property and
associated personal property as the public stadium authority
and the county mutually determine to be necessary as a site
for the stadium and exhibition center. Property that is necessary for this purpose that is owned by the county on or after
July 17, 1997, shall be contributed to the authority, and property that is necessary for this purpose that is acquired by the
county on or after July 17, 1997, shall be conveyed to the
authority. Property that is encumbered by debt may be transferred by the county to the authority, but obligation for payment of the debt may not be transferred.
(3) A new exhibition facility of at least three hundred
twenty-five thousand square feet, with adequate on-site parking, shall be constructed and operational before any domed
stadium in the county is demolished or rendered unusable.
Demolition of any existing structure and construction of the
stadium and exhibition center shall be reasonably executed in
a manner that minimizes impacts, including access and parking, upon existing facilities, users, and neighborhoods. No
county or city may exercise authority under any landmarks
preservation statute or ordinance in order to prevent or delay
the demolition of any existing domed stadium at the site of
the stadium and exhibition center. [1997 c 220 § 109 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.100
36.102.110 Property acquisition and sale. A public
stadium authority may acquire and transfer real and personal
property by lease, sublease, purchase, or sale. [1997 c 220 §
110 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.110
36.102.120 Public stadium authority board of directors—Travel and business expenses—Resolution on payment and procedures—Operating budget report. (1) The
board of directors of the public stadium authority shall adopt
a resolution that may be amended from time to time that shall
establish the basic requirements governing methods and
amounts of reimbursement payable to such authority and
36.102.120
(2010 Ed.)
Stadium and Exhibition Centers
employees for travel and other business expenses incurred on
behalf of the authority. The resolution shall, among other
things, establish procedures for approving such expenses; the
form of the travel and expense voucher; and requirements
governing the use of credit cards issued in the name of the
authority. The resolution may also establish procedures for
payment of per diem to board members. The state auditor
shall, as provided by general law, cooperate with the public
stadium authority in establishing adequate procedures for
regulating and auditing the reimbursement of all such
expenses.
(2) The board of directors shall transmit a copy of the
adopted annual operating budget of the public stadium
authority to the governor and the majority leader and minority leader of the house of representatives and the senate. The
budget information shall include, but is not limited to a statement of income and expenses of the public stadium authority.
[1997 c 220 § 111 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.130
36.102.130 Public stadium authority officers and
employees—Expenses. The board of directors of the public
stadium authority may authorize payment of actual and necessary expenses of officers and employees for lodging,
meals, and travel-related costs incurred in attending meetings
or conferences on behalf of the public stadium authority and
strictly in the public interest and for public purposes. Officers
and employees may be advanced sufficient sums to cover
their anticipated expenses in accordance with rules adopted
by the state auditor, which shall substantially conform to the
procedures provided in RCW 43.03.150 through 43.03.210.
[1997 c 220 § 112 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.140
36.102.140 Public stadium authority board of directors—Compensation—Waiver. Each member of the board
of directors of the public stadium authority may receive compensation of fifty dollars per day for attending meetings or
conferences on behalf of the authority, not to exceed three
thousand dollars per year. A director may waive all or a portion of his or her compensation under this section as to a
month or months during his or her term of office, by a written
waiver filed with the public stadium authority. The compensation provided in this section is in addition to reimbursement
for expenses paid to the directors by the public stadium
authority. [1997 c 220 § 113 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.150
36.102.150 Public stadium authority—Liability
insurance. The board of directors of the public stadium
authority may purchase liability insurance with such limits as
the directors may deem reasonable for the purpose of protecting and holding personally harmless authority officers and
employees against liability for personal or bodily injuries and
property damage arising from their acts or omissions while
performing or in good faith purporting to perform their official duties. [1997 c 220 § 114 (Referendum Bill No. 48,
approved June 17, 1997).]
(2010 Ed.)
36.102.200
36.102.160 Public stadium authority—Defense of
suit, claim, or proceeding against officer or employee—
Costs—Attorneys’ fees—Obligation—Exception. Whenever an action, claim, or proceeding is instituted against a
person who is or was an officer or employee of the public stadium authority arising out of the performance of duties for or
employment with the authority, the public stadium authority
may grant a request by the person that the attorney of the
authority’s choosing be authorized to defend the claim, suit,
or proceeding, and the costs of defense, attorneys’ fees, and
obligation for payments arising from the action may be paid
from the authority’s funds. Costs of defense or judgment or
settlement against the person shall not be paid in a case where
the court has found that the person was not acting in good
faith or within the scope of employment with or duties for the
public stadium authority. [1997 c 220 § 115 (Referendum
Bill No. 48, approved June 17, 1997).]
36.102.160
36.102.170 Information preparation and distribution. The board of directors of the public stadium authority
shall have authority to authorize the expenditure of funds for
the public purposes of preparing and distributing information
to the general public about the stadium and exhibition center.
[1997 c 220 § 116 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.170
36.102.180 Public stadium authority—Employee
positions—Wages and benefits—Insurance of employees,
board members. The public stadium authority shall have
authority to create and fill positions, fix wages and salaries,
pay costs involved in securing or arranging to secure employees, and establish benefits for employees, including holiday
pay, vacations or vacation pay, retirement benefits, medical,
life, accident, or health disability insurance, as approved by
the board. Public stadium authority board members, at their
own expense, shall be entitled to medical, life, accident, or
health disability insurance. Insurance for employees and
board members shall not be considered compensation.
Authority coverage for the board is not to exceed that provided public stadium authority employees. [1997 c 220 § 117
(Referendum Bill No. 48, approved June 17, 1997).]
36.102.180
36.102.190 Public stadium authority—Securing services—Service provider agreement—Resolutions setting
procedures. The public stadium authority may secure services by means of an agreement with a service provider. The
public stadium authority shall publish notice, establish criteria, receive and evaluate proposals, and negotiate with
respondents under requirements set forth by authority resolution. [1997 c 220 § 118 (Referendum Bill No. 48, approved
June 17, 1997).]
36.102.190
36.102.200 Public stadium authority—Confidentiality of financial information. The public stadium authority
may refuse to disclose financial information on the master
tenant, concessioners, the team affiliate, or subleasee under
RCW 42.56.270. [2005 c 274 § 274; 1997 c 220 § 119 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.200
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
[Title 36 RCW—page 329]
36.102.800
Title 36 RCW: Counties
36.102.800 Referendum only measure for taxes for
stadium and exhibition center—Limiting legislation upon
failure to approve—1997 c 220. The referendum on this act
is the only measure authorizing, levying, or imposing taxes
for a stadium and exhibition center that may be put to a public
vote. Should the act fail to be approved at the special election
on or before June 20, 1997, the legislature shall not pass other
legislation to build or finance a stadium and exhibition center, as defined in RCW 36.102.010, for the team affiliate.
[1997 c 220 § 604 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.800
36.102.801 Legislation as opportunity for voter’s
decision—Not indication of legislators’ personal vote on
referendum proposal—1997 c 220. The legislature neither
affirms nor refutes the value of this proposal, and by this legislation simply expresses its intent to provide the voter of the
state of Washington an opportunity to express the voter’s
decision. It is also expressed that many legislators might personally vote against this proposal at the polls, or they might
not. [1997 c 220 § 605 (Referendum Bill No. 48, approved
June 17, 1997).]
36.102.801
36.102.802 Contingency—Null and void—Team
affiliate’s agreement for reimbursement for election—
1997 c 220. Notwithstanding any other provision of this act,
this act shall be null and void in its entirety unless the team
affiliate as defined in RCW 36.102.010 enters into an agreement with the secretary of state to reimburse the state and the
counties for the full cost of the special election to be held on
or before June 20, 1997. [1997 c 220 § 606 (Referendum Bill
No. 48, approved June 17, 1997).]
36.102.802
Reviser’s note: The team affiliate entered into an agreement with the
secretary of state on May 14, 1997, for reimbursement of the full cost of the
special election.
Additional notes found at www.leg.wa.gov
36.102.803 Referendum—Submittal—Explanatory
statement—Voters’ pamphlet—Voting procedures—
Canvassing and certification—Reimbursement of counties for costs—No other elections on stadium and exhibition center—1997 c 220. (1) The secretary of state shall submit sections 101 through 604, chapter 220, Laws of 1997 to
the people for their adoption and ratification, or rejection, at
a special election to be held in this state on or before June 20,
1997, in accordance with Article II, section 1 of the state
Constitution and the laws adopted to facilitate its operation.
The special election shall be limited to submission of this act
to the people.
(2) The attorney general shall prepare the explanatory
statement required by *RCW 29.81.020 and transmit that
statement regarding the referendum to the secretary of state
no later than the last Monday of April before the special election.
(3) The secretary of state shall prepare and distribute a
voters’ pamphlet addressing this referendum measure following the procedures and requirements of **chapter 29.81
RCW, except that the secretary of state may establish different deadlines for the appointment of committees to draft
arguments for and against the referendum, for submitting
arguments for and against the referendum, and for submitting
36.102.803
[Title 36 RCW—page 330]
rebuttal statements of arguments for and against the referendum. The voters’ pamphlet description of the referendum
measure shall include information to inform the public that
ownership of the KingDome may be transferred to the public
stadium authority and that the KingDome will be demolished
in order to accommodate the new football stadium.
(4) A county auditor may conduct the voting at this special election in all precincts of the county by mail using the
procedures set forth in ***RCW 29.36.121 through
29.36.139.
(5) Notwithstanding the provisions of ****RCW
29.62.020, the county canvassing board in each county shall
canvass and certify the votes cast at this special election in
that county to the secretary of state no later than the seventh
day following the election. Notwithstanding the provisions of
****RCW 29.62.120, the secretary of state shall canvass and
certify the returns from the counties no later than the ninth
day following the special election.
(6) The secretary of state shall reimburse each county for
the cost of conducting the special election in that county in
the same manner as state primary and general election costs
are reimbursed under ****RCW 29.13.047 (1) and (3).
(7) No other state, county, or local election shall be
required or held on any proposition related to or affecting the
stadium and exhibition center defined in RCW 36.102.010.
[1997 c 220 § 607 (Referendum Bill No. 48, approved June
17, 1997).] Referendum Bill No. 48 was approved by the
electorate at the June 17, 1997, election.
Reviser’s note: *(1) RCW 29.81.020 was repealed by 1999 c 260 § 13.
**(2) Chapter 29.81 RCW was recodified as chapter 29A.32 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
***(3) RCW 29.36.121, 29.36.124, 29.36.126, and 29.36.130 were
recodified as RCW 29.38.020, 29.38.040, 29.38.050, and 29.38.060, respectively, pursuant to 2001 c 241 § 25. RCW 29.36.122 and 29.36.139 were
repealed by 2001 c 241 § 24. RCW 29.38.020, 29.38.040, 29.38.050, and
29.38.060 were subsequently recodified as RCW 29A.48.020, 29A.48.040,
29A.48.050, and 29A.48.060, respectively, pursuant to 2003 c 111 § 2401,
effective July 1, 2004.
****(4) RCW 29.62.020, 29.62.120, and 29.13.047 were recodified as
RCW 29A.60.160, 29A.60.250, and 29A.04.420, respectively, pursuant to
2003 c 111 § 2401, effective July 1, 2004.
Additional notes found at www.leg.wa.gov
36.102.900 Part headings not law—1997 c 220. Part
headings used in this act are not any part of the law. [1997 c
220 § 601 (Referendum Bill No. 48, approved June 17,
1997).]
36.102.900
36.102.901 Severability—1997 c 220. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 220 § 602 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.901
Chapter 36.105 RCW
COMMUNITY COUNCILS FOR UNINCORPORATED
AREAS OF ISLAND COUNTIES
Chapter 36.105
Sections
36.105.010
36.105.020
36.105.030
Purpose.
Definitions.
Minimum requirements.
(2010 Ed.)
Community Councils for Unincorporated Areas of Island Counties
36.105.040
36.105.050
36.105.060
36.105.070
36.105.080
36.105.090
36.105.100
Creation.
Election of initial community councilmembers.
Community councilmembers—Election—Terms.
Responsibility of county legislative authority.
Powers.
Annexation.
Dissolution.
36.105.010 Purpose. Voters of the unincorporated
areas of the state are authorized to establish community councils as provided in this chapter.
It is the purpose of this chapter to provide voters of unincorporated areas in counties with a population of over thirty
thousand that are made up entirely of islands with direct input
on the planning and zoning of their community by establishing a governmental mechanism to adopt proposed community comprehensive plans and proposed community zoning
ordinances that are consistent with an overall guide and
framework adopted by the county legislative authority. In
addition, it is the purpose of this chapter to have community
councils serve as forums for the discussion of local issues.
[1991 c 363 § 99.]
36.105.010
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Community" means a portion of the unincorporated
area for which a community council has been established and
which is located in a county with a population of over thirty
thousand that is made up entirely of islands.
(2) "Community comprehensive plan" means a comprehensive plan adopted by a community council.
(3) "Community council" means the governing body
established under this chapter to adopt community comprehensive plans and community zoning ordinances for a community.
(4) "Community zoning ordinances" means the zoning
ordinances adopted by a community council to implement a
community comprehensive plan. [1991 c 363 § 100.]
36.105.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.030 Minimum requirements. A community
for which a community council is created may include only
unincorporated territory located in a single county with a
population of over thirty thousand that is made up entirely of
islands and not included within a city or town. A community
council must have at least one thousand persons residing
within the community when the community council is created or, where the community only includes an entire island,
at least three hundred persons must reside on the island when
the community council is created. Any portion of such a community that is annexed by a city or town, or is incorporated as
a city or town, shall be removed from the community upon
the effective date of the annexation or the official date of the
incorporation. [1991 c 363 § 101.]
36.105.030
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.040 Creation. (1) The process to create a community council shall be initiated by the filing of petitions with
36.105.040
(2010 Ed.)
36.105.050
the county auditor of the county in which the community is
located which: (a) Call for the creation of a community council; (b) set forth the boundaries for the community; (c) indicate the number of community councilmembers, which shall
be five, seven, nine, or eleven; and (d) contain signatures of
voters residing within the community equal in number to at
least ten percent of the voters residing in the community who
voted at the last state general election. The county auditor
shall determine if the petitions contain a sufficient number of
valid signatures and certify the sufficiency of the petitions
within fifteen days of when the petitions were filed. If the
petitions are certified as having sufficient valid signatures,
the county auditor shall transmit the petitions and certificate
to the county legislative authority.
(2) The county legislative authority shall hold a public
hearing within the community on the creation of the proposed
community council no later than sixty days after the petitions
and certificate of sufficiency were transmitted to the county
legislative authority. Notice of the public hearing shall be
published in a newspaper of general circulation in the community for at least once a week for two consecutive weeks,
with the last date of publication no more than ten days prior
to the date of the public hearing. At least ten days before the
public hearing, additional notice shall be posted conspicuously in at least five places within the proposed community in
a manner designed to attract public attention.
(3) After receiving testimony on the creation of the proposed community council, the county legislative authority
may alter the boundaries of the community, but the boundaries may not be altered to reduce the number of persons living within the community by more than ten percent or below
the minimum number of residents who must reside within the
community at the time of the creation of the community
council. If territory is added to the community, another public
hearing on the proposal shall be held.
(4) The county legislative authority shall call a special
election within the community to determine whether the proposed community council shall be created, and to elect the
initial community councilmembers, at the next state general
election occurring seventy-five or more days after the initial
public hearing on the creation of the proposed community
council. The community council shall be created if the ballot
proposition authorizing the creation of the community is
approved by a simple majority vote of the voters voting on
the proposition. [1991 c 363 § 102.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.050 Election of initial community councilmembers. The initial members of the community council
shall be elected at the same election as the ballot proposition
is submitted authorizing the creation of the community council. However, the election of the initial community councilmembers shall be null and void if the ballot proposition
authorizing the creation of the community council is not
approved.
No primary election shall be held to nominate candidates
for initial council positions. The initial community council
shall consist of the candidate for each council position who
receives the greatest number of votes for that council position. Staggering of terms of office shall be accomplished by
36.105.050
[Title 36 RCW—page 331]
36.105.060
Title 36 RCW: Counties
having the majority of the winning candidates who receive
the greatest number of votes being elected to four-year terms
of office, and the remaining winning candidates being elected
to two-year terms of office, if the election was held in an
even-numbered year, or the majority of the winning candidates who receive the greatest number of votes being elected
to three-year terms of office, and the remaining winning candidates being elected to one-year terms of office, if the election was held in an odd-numbered year, with the term computed from the first day of January in the year following the
election. Initial councilmembers shall take office immediately when qualified in accordance with *RCW 29.01.135.
However, where the county operates under a charter providing for the election of members of the county legislative
authority in odd-numbered years, the terms of office of the
initial councilmembers shall be four years and two years, if
the election of the initial councilmembers was held on an
odd-numbered year, or three years and one year, if the election of the initial councilmembers was held on an even-numbered year. [1991 c 363 § 103.]
*Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.060 Community councilmembers—Election—Terms. Community councilmembers shall be elected
to staggered four-year terms until their successors are elected
and qualified. Each council position shall be numbered separately. Candidates shall run for specific council positions.
The number of council positions shall be five, seven, nine, or
eleven, as specified in the petition calling for the creation of
the community council.
Community councilmembers shall be nominated and
elected at nonpartisan elections pursuant to general election
laws, except the elections shall be held in even-numbered
years, unless the county operates under a charter and members of the county legislative authority are elected in oddnumbered years, in which case, community councilmembers
shall be elected in odd-numbered years.
The provisions of this section apply to the election and
terms of office of the initial community councilmembers,
except as provided in RCW 36.105.050.
A councilmember shall lose his or her council position if
his or her primary residence no longer is located within the
community. Vacancies on a community council shall be
filled by action of the remaining councilmembers. [1991 c
363 § 104.]
36.105.060
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.070 Responsibility of county legislative
authority. (1) Within ninety days of the election at which a
community council is created, the county legislative authority shall adopt an ordinance establishing policies and conditions and designating portions or components of the county
comprehensive plan and zoning ordinances that serve as an
overall guide and framework for the development of proposed community comprehensive plans and proposed community zoning ordinances. The conditions and policies shall
conform with the requirements of chapter 36.70A RCW.
36.105.070
[Title 36 RCW—page 332]
(2) Proposed community comprehensive plans and proposed community zoning ordinances that are adopted by a
community council shall be submitted to the county legislative authority for its review of the consistency of the proposed plans and proposed ordinances with the ordinance
adopted under subsection (1) of this section. The county legislative authority shall either approve the proposed plans and
proposed ordinances as adopted, or refer the proposed plans
and proposed ordinances back to the community council with
written findings specifying the inconsistencies, within ninety
days after they were submitted. The county comprehensive
plan, or subarea plan and comprehensive plan, and zoning
ordinances shall remain in effect in the community until the
proposed community comprehensive plans and proposed
community zoning ordinances have been approved as provided in this subsection.
(3) Each proposed amendment to approved community
comprehensive plans or approved community zoning ordinances that is adopted by a community council shall be submitted to the county legislative authority for its review of the
consistency of the amendment with the ordinance adopted
under subsection (1) of this section. The county legislative
authority shall either approve the proposed amendment as
adopted or refer the proposed amendment back to the community council with written findings specifying the inconsistencies within ninety days after the proposed amendment was
submitted. The unamended community comprehensive plans
and unamended community zoning ordinances shall remain
in effect in the community until the proposed amendment has
been approved as provided in this subsection.
(4) If the county legislative authority amends the ordinance it adopted under subsection (1) of this section, a community council shall be given at least one hundred twenty
days to amend its community comprehensive plans and community zoning ordinances to be consistent with this amended
ordinance. However, the county legislative authority may
amend the community comprehensive plans and community
zoning ordinances to achieve consistency with this amended
ordinance. Nothing in this subsection shall preclude a community council from subsequently obtaining approval of its
proposed community comprehensive plans and proposed
community zoning ordinances.
(5) Approved community comprehensive plans and
approved community zoning ordinances shall be enforced by
the county as if they had been adopted by the county legislative authority. All quasi-judicial actions and permits relating
to these plans and ordinances shall be made and decided by
the county legislative authority or otherwise as provided by
the county legislative authority.
(6) The county shall provide administrative and staff
support for each community council within its boundaries.
[1991 c 363 § 105.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.080
36.105.080 Powers. A community council shall adopt
proposed community comprehensive plans and proposed
community zoning ordinances as provided in RCW
36.105.070. Community councils shall not have the authority
to take quasi-judicial actions nor to decide permit applica(2010 Ed.)
Jail Industries Program
tions. In addition, a community council shall serve as a forum
for the discussion of local issues.
Community councils are subject to chapter 42.30 RCW,
the open public meetings act. [1991 c 363 § 106.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.090 Annexation. A community council may
provide for the annexation of adjacent unincorporated areas
to the community that are not included within another community for which a community council has been established.
Annexations shall be initiated by either resolution of the
community council proposing the annexation or petition of
voters residing in the adjacent area, which petition: (a)
Requests the annexation; (b) sets forth the boundaries of the
area proposed to be annexed; and (c) contains signatures of
voters residing within the area that is proposed to be annexed
equal in number to at least ten percent of the voters residing
in that area who voted at the last state general election.
Annexation petitions shall be filed with the county auditor
who shall determine if the petitions contain a sufficient number of valid signatures, certify the sufficiency of the petitions,
and notify the community council of the sufficiency of the
petitions within fifteen days of when the petitions are submitted.
A ballot proposition authorizing the annexation shall be
submitted to the voters of the area that is proposed to be
annexed at a primary or general election in either an oddnumbered or even-numbered year, if the community council
initiated the annexation by resolution or if the community
council concurs in an annexation that was initiated by the
submission of annexation petitions containing sufficient
valid signatures. The annexation shall occur if the ballot
proposition authorizing the creation of the community is
approved by a simple majority vote of the voters voting on
the proposition. The county’s comprehensive plan, and where
applicable to the county’s subarea plan, and zoning ordinances shall continue in effect in the annexed area until proposed amendments to the approved community comprehensive plans and approved community zoning ordinance have
been approved that apply to the annexed area. [1991 c 363 §
107.]
36.105.090
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.100 Dissolution. A community council shall be
dissolved if the population of the community is reduced to
less than five hundred persons, or less than two hundred persons if the community only includes an entire island.
At the next general election at which community councilmembers would be elected, occurring at least four years
after the creation or reestablishment of a community, a ballot
proposition shall be submitted to the voters of the community
on whether the community shall be reestablished. If reestablished, the newly elected members of the community council
and the retained members of the community council shall
constitute the members of the community council. [1991 c
363 § 108.]
36.105.100
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2010 Ed.)
Chapter 36.110
36.110.020
Chapter 36.110 RCW
JAIL INDUSTRIES PROGRAM
Sections
36.110.010
36.110.020
36.110.030
36.110.050
36.110.060
36.110.070
36.110.080
36.110.085
36.110.090
36.110.100
36.110.110
36.110.120
36.110.130
36.110.140
36.110.150
36.110.160
36.110.900
Finding—Purpose, intent.
Definitions.
Board of directors established—Membership.
Local advisory groups.
Board of directors—Duties.
Board of directors may receive funds, establish fee schedule.
Board of directors—Meetings—Terms—Compensation.
Board of directors—Immunity.
City or county special revenue funds.
Comprehensive work programs.
Deductions from offenders’ earnings.
Free venture industries, tax reduction industries—Employment status of inmates—Insurance coverage.
Free venture industry agreements—Effect of failure.
Education and training.
Department of corrections to provide staff assistance.
Technical training assistance.
Severability—1993 c 285.
36.110.010 Finding—Purpose, intent. Cities and
counties have a significant interest in ensuring that inmates in
their jails are productive citizens after their release in the
community. The legislature finds that there is an expressed
need for cities and counties to uniformly develop and coordinate jail industries technical information and program and
public safety standards statewide. It further finds that meaningful jail work industries programs that are linked to formal
education and adult literacy training can significantly reduce
recidivism, the rising costs of corrections, and criminal activities. It is the purpose and intent of the legislature, through
this chapter, to establish a statewide jail industries program
designed to promote inmate rehabilitation through meaningful work experience and reduce the costs of incarceration.
The legislature recognizes that inmates should have the
responsibility for contributing to the cost of their crime
through the wages earned while working in jail industries
programs and that such income shall be used to offset the
costs of implementing and maintaining local jail industries
programs and the costs of incarceration. [1993 c 285 § 1.]
36.110.010
36.110.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the statewide jail industries board of
directors.
(2) "City" means any city, town, or code city.
(3) "Cost accounting center" means a specific industry
program operated under the private sector prison industry
enhancement certification program as specified in 18 U.S.C.
Sec. 1761.
(4) "Court-ordered legal financial obligation" means a
sum of money that is ordered by a superior, district, or municipal court of the state of Washington for payment of restitution to a victim, a statutorily imposed crime victims compensation fee, court costs, a county or interlocal drug fund, court
appointed attorneys’ fees and costs of defense, fines, and
other legal financial obligations that are assessed as a result
of a felony or misdemeanor conviction.
(5) "Free venture employer model industries" means an
agreement between a city or county and a private sector business or industry or nonprofit organization to produce goods
or services to both public and private sectors utilizing jail
36.110.020
[Title 36 RCW—page 333]
36.110.030
Title 36 RCW: Counties
inmates whose compensation and supervision are provided
by the private sector business or entity.
"Free venture customer model industries" means an
agreement between a city or county and a private sector business or industry, or nonprofit organization to provide Washington state manufacturers or businesses with products or services currently produced, provided, or assembled by out-ofstate or foreign suppliers utilizing jail inmates whose compensation and supervision are provided by the incarcerating
facility or local jurisdiction.
(6) "Jail inmate" means a preconviction or postconviction resident of a city or county jail who is determined to be
eligible to participate in jail inmate work programs according
to the eligibility criteria of the work program.
(7) "Private sector prison industry enhancement certification program" means that program authorized by the
United States justice assistance act of 1984, 18 U.S.C. Sec.
1761.
(8) "Tax reduction industries" means those industries as
designated by a city or county owning and operating such an
industry to provide work training and employment opportunities for jail inmates, in total confinement, which reduce public support costs. The goods and services of these industries
may be sold to public agencies, nonprofit organizations, and
private contractors when the goods purchased will be ultimately used by a public agency or nonprofit organization.
Surplus goods from these operations may be donated to government and nonprofit organizations. [1995 c 154 § 1; 1993
c 285 § 2.]
36.110.030 Board of directors established—Membership. A statewide jail industries board of directors is
established. The board shall consist of the following members:
(1) One sheriff and one police chief, to be selected by the
Washington association of sheriffs and police chiefs;
(2) One county commissioner or one county councilmember to be selected by the Washington state association
of counties;
(3) One city official to be selected by the association of
Washington cities;
(4) Two jail administrators to be selected by the Washington state jail association, one of whom shall be from a
county or a city with an established jail industries program;
(5) One prosecuting attorney to be selected by the Washington association of prosecuting attorneys;
(6) One administrator from a city or county corrections
department to be selected by the Washington correctional
association;
(7) One county clerk to be selected by the Washington
association of county clerks;
(8) Three representatives from labor to be selected by the
governor. The representatives may be chosen from a list of
nominations provided by statewide labor organizations representing a cross-section of trade organizations;
(9) Three representatives from business to be selected by
the governor. The representatives may be chosen from a list
of nominations provided by statewide business organizations
representing a cross-section of businesses, industries, and all
sizes of employers;
36.110.030
[Title 36 RCW—page 334]
(10) The governor’s representative from the employment
security department;
(11) One member representing crime victims, to be
selected by the governor;
(12) One member representing online law enforcement
officers, to be selected by the governor;
(13) One member from the *department of community,
trade, and economic development to be selected by the governor;
(14) One member representing higher education, vocational education, or adult basic education to be selected by
the governor; and
(15) The governor’s representative from the correctional
industries division of the state department of corrections shall
be an ex officio member for the purpose of coordination and
cooperation between prison and jail industries and to further
a positive relationship between state and local government
offender programs. [1995 c 399 § 45; 1993 c 285 § 3.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
36.110.050 Local advisory groups. The board shall
require a city or a county that establishes a jail industries program to develop a local advisory group, or to use an existing
advisory group of the appropriate composition, to advise and
guide jail industries program operations. Such an advisory
group shall include an equal number of representatives from
labor and business. Representation from a sheltered workshop, as defined in RCW 82.04.385, and a crime victim advocacy group, if existing in the local area, should also be
included.
A local advisory group shall have among its tasks the
responsibility of ensuring that a jail industry has minimal
negative impact on existing private industries or the labor
force in the locale where the industry operates and that a jail
industry does not negatively affect employment opportunities
for people with developmental disabilities contracted through
the operation of sheltered workshops as defined in RCW
82.04.385. In the event a conflict arises between the local
business community or labor organizations concerning new
jail industries programs, products, services, or wages, the city
or county must use the arbitration process established pursuant to RCW 36.110.060. [1993 c 285 § 5.]
36.110.050
36.110.060 Board of directors—Duties. The board, in
accordance with chapter 34.05 RCW, shall:
(1) Establish an arbitration process for resolving conflicts arising among the local business community and labor
organizations concerning new industries programs, products,
services, or wages;
(2) Encourage the development of the collection and
analysis of jail industries program data, including long-term
tracking information on offender recidivism;
(3) Determine, by applying established federal guidelines and criteria, whether a city or a county jail free venture
industries program complies with the private sector prison
industry enhancement certification program. In so doing, also
determine if that industry should be designated as a cost
accounting center for the purposes of the federal certification
program; and
36.110.060
(2010 Ed.)
Jail Industries Program
(4) Provide technical assistance with product marketing.
[1993 c 285 § 6.]
36.110.070 Board of directors may receive funds,
establish fee schedule. The board may receive funds from
local, county, state, or federal sources and may receive grants
to support its activities. The board may establish a reasonable
schedule of suggested fees that will support statewide efforts
to promote and facilitate jail industries that would be presented to cities and counties that have established jail industries programs. [1993 c 285 § 7.]
36.110.070
36.110.080 Board of directors—Meetings—Terms—
Compensation. The board shall initially convene at the call
of the representative of the correctional industries division of
the state department of corrections, together with the jail
administrator selected from a city or a county with an established jail industries program, no later than six months after
July 25, 1993. Subsequent meetings of the board shall be at
the call of the board chairperson. The board shall meet at least
twice a year.
The board shall elect a chairperson and other such officers as it deems appropriate. However, the chairperson may
not be the representative of the correctional industries division of the state department of corrections nor any representative from a state executive branch agency.
Members of the board shall serve terms of three years
each on a staggered schedule to be established by the first
board. For purposes of initiating a staggered schedule of
terms, some members of the first board may initially serve
two years and some members may initially serve four years.
The members of the board shall serve without compensation but may be reimbursed for travel expenses from funds
acquired under this chapter. [1993 c 285 § 8.]
36.110.080
36.110.130
which pay is allowed, deductions may be made from these
earnings for court-ordered legal financial obligations as
directed by the court in reasonable amounts that do not
unduly discourage the incentive to work. These deductions
shall be disbursed as directed in RCW 9.94A.760.
In addition, inmates working in jail industries programs
shall contribute toward costs to develop, implement, and
operate jail industries programs. This amount shall be a reasonable amount that does not unduly discourage the incentive
to work. The amount so deducted shall be deposited in the jail
industries special revenue fund.
Upon request of the offender, family support may also be
deducted and disbursed to a designated family member.
[1993 c 285 § 11.]
36.110.100 Comprehensive work programs. Cities
and counties participating in jail industries are authorized to
provide for comprehensive work programs using jail inmate
workers at worksites within jail facilities or at such places
within the city or county as may be directed by the legislative
authority of the city or county, as similarly provided under
RCW 36.28.100. [1993 c 285 § 10.]
36.110.120 Free venture industries, tax reduction
industries—Employment status of inmates—Insurance
coverage. (1) A jail inmate who works in a free venture
industry or a tax reduction industry shall be considered an
employee of that industry only for the purpose of the Washington industrial safety and health act, chapter 49.17 RCW,
as long as the public safety is not compromised, and for eligibility for industrial insurance benefits under Title 51 RCW,
as provided in this section.
(2) For jail inmates participating in free venture
employer model industries, the private sector business or
industry or the nonprofit organization that is party to the
agreement, shall provide industrial insurance coverage under
Title 51 RCW. Local jurisdictions shall not be responsible for
obligations under Title 51 RCW in a free venture employer
model industry except as provided in RCW 36.110.130.
(3) For jail inmates participating in free venture customer model industries, the incarcerating entity or jurisdiction, the private sector business or industry, or the nonprofit
organization that is party to the agreement, shall provide
industrial insurance coverage under Title 51 RCW dependent
upon how the parties to the agreement choose to finalize the
agreement.
(4) For jail inmates incarcerated and participating in tax
reduction industries:
(a) Local jurisdictions that are self-insured may elect to
provide medical aid benefits coverage only under chapter
51.36 RCW through the state fund.
(b) Local jurisdictions, to include self-insured jurisdictions, may elect to provide industrial insurance coverage
under Title 51 RCW through the state fund.
(5) If industrial insurance coverage under Title 51 RCW
is provided for inmates under this section, eligibility for benefits for either the inmate or the inmate’s dependents or beneficiaries for temporary total disability or permanent total
disability under RCW 51.32.090 or 51.32.060, respectively,
shall not take effect until the inmate is discharged from custody by order of a court of appropriate jurisdiction. Nothing
in this section shall be construed to confer eligibility for any
industrial insurance benefits to any jail inmate who is not
employed in a free venture industry or a tax reduction industry. [1995 c 154 § 2; 1993 c 285 § 12.]
36.110.110 Deductions from offenders’ earnings.
When an offender is employed in a jail industries program for
36.110.130 Free venture industry agreements—
Effect of failure. In the event of a failure such as a bank-
36.110.085 Board of directors—Immunity. Any
member serving in their official capacity on the Washington
state jail industries board, in either an appointed or advisory
capacity, or either their employer or employers, or other
entity that selected the members to serve, are immune from a
civil action based upon an act performed in good faith. [1995
c 154 § 5.]
36.110.085
36.110.090 City or county special revenue funds. A
city or a county that implements a jail industries program
may establish a separate fund for the operation of the program. This fund shall be a special revenue fund with continuing authority to receive income and pay expenses associated
with the jail industries program. [1993 c 285 § 9.]
36.110.090
36.110.100
36.110.110
(2010 Ed.)
36.110.120
36.110.130
[Title 36 RCW—page 335]
36.110.140
Title 36 RCW: Counties
ruptcy or dissolution, of a private sector business, industry, or
nonprofit organization engaged in a free venture industry
agreement, responsibility for obligations under Title 51 RCW
shall be borne by the city or county responsible for establishment of the free venture industry agreement, as if the city or
county had been the employing agency. To ensure that this
obligation can be clearly identified and accomplished, and to
provide accountability for purposes of the department of
labor and industries, a free venture jail industry agreement
entered into by a city or county and private sector business,
industry, or nonprofit organization should be filed under a
separate master business application, establishing a new and
separate account with the department of labor and industries,
and not be reported under an existing account for parties to
the agreement. [1995 c 154 § 3; 1993 c 285 § 13.]
36.110.140
36.110.140 Education and training. To the extent possible, jail industries programs shall be augmented by education and training to improve worker literacy and employability skills. Such education and training may include, but is not
limited to, basic adult education, work towards a certificate
of educational competence following successful completion
of the general educational development test, vocational and
preemployment work maturity skills training, and apprenticeship classes. [1993 c 285 § 14.]
36.110.150
36.110.150 Department of corrections to provide
staff assistance. Until sufficient funding is secured by the
board to adequately provide staffing, basic staff assistance
shall be provided, to the extent possible, by the department of
corrections. [1993 c 285 § 15.]
36.110.160
36.110.160 Technical training assistance. Technical
training assistance shall be provided to local jurisdictions by
the board at the jurisdiction’s request. To facilitate and promote the development of local jail industries programs, this
training and technical assistance may include the following:
(1) Delivery of statewide jail industry implementation workshops for administrators of jail industries programs; (2)
development of recruitment and education programs for local
business and labor to gain their participation; (3) ongoing
staff assistance regarding local jail industries issues, such as
sound business management skills, development of a professional business plan, responding to questions regarding risk
management, industrial insurance, and similar matters; and
(4) provision of guidelines and assistance for the coordination of basic educational programs and jail industries as well
as other technical skills required by local jails in the implementation of safe, productive, and effective jail industries
programs. [1995 c 154 § 4.]
Chapter 36.115
Chapter 36.115 RCW
SERVICE AGREEMENTS
Sections
36.115.010
36.115.020
36.115.030
36.115.040
36.115.050
36.115.060
36.115.070
36.115.080
Purpose.
Definitions.
Coordination—Consistency.
Geographic area covered—Contents—When effective.
Matters included.
Procedure for establishment—Counties affected.
Legislative intent.
Duties, requirements, authorities under growth management
act not altered.
36.115.010 Purpose. The purpose of chapter 266, Laws
of 1994 is to establish a flexible process by which local governments enter into service agreements that will establish
which jurisdictions should provide various local government
services and facilities within specified geographic areas and
how those services and facilities will be financed. [1994 c
266 § 1.]
36.115.010
36.115.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "City" means a city or town, including a city operating under Title 35A RCW.
(2) "Governmental service" includes a service provided
by local government, and any facilities and equipment related
to the provision of such services, including but not limited to
utility services, health services, social services, law enforcement services, fire prevention and suppression services, community development activities, environmental protection
activities, economic development activities, and transportation services and facilities, but shall not include the generation, conservation, or distribution of electrical energy nor
maritime shipping activities.
(3) "Regional service" means a governmental service
established by agreement among local governments that
delineates the government entity or entities responsible for
the service provision and allows for that delivery to extend
over jurisdictional boundaries.
(4) "Local government" means a county, city, or special
district.
(5) "Service agreement" means an agreement among
counties, cities, and special districts established pursuant to
this chapter.
(6) "Special district" means a municipal or quasi-municipal corporation in the state, other than a county, city, or
school district. [1994 c 266 § 2.]
36.115.020
36.115.030 Coordination—Consistency. A service
agreement addressing children and family services shall
enhance coordination and shall be consistent with the comprehensive plan developed under chapter 7, Laws of 1994 sp.
sess. [1994 c 266 § 3.]
36.115.030
36.110.900
36.110.900 Severability—1993 c 285. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 285 § 17.]
[Title 36 RCW—page 336]
36.115.040 Geographic area covered—Contents—
When effective. (1) Agreements among local governments
concerning one or more governmental service should be
established for a designated geographic area as provided in
this section.
36.115.040
(2010 Ed.)
Regional Transportation Investment Districts
(2) A service agreement must describe: (a) The governmental service or services addressed by the agreement; (b)
the geographic area covered by the agreement; (c) which
local government or local governments are to provide each of
the governmental services addressed by the agreement within
the geographic area covered by the agreement; and (d) the
term of the agreement, if any.
(3) A service agreement becomes effective when
approved by: (a) The county legislative authority of each
county that includes territory located within the geographic
area covered by the agreement; (b) the governing body or
bodies of at least a simple majority of the total number of cities that includes territory located within the geographic area
covered by the agreement, which cities include at least seventy-five percent of the total population of all cities that
includes territory located within the geographic area covered
by the agreement; and (c) for each governmental service
addressed by the agreement, the governing body or bodies of
at least a simple majority of the special districts that include
territory located within the geographic area covered by the
agreement and which provide the governmental service
within such territory. The participants may agree to use
another formula. An agreement pursuant to this section shall
be effective upon adoption by the county legislative authority
following a public hearing.
(4) A service agreement may cover a geographic area
that includes territory located in more than a single county.
[1994 c 266 § 4.]
36.115.050 Matters included. A service agreement
may include, but is not limited to, any or all of the following
matters:
(1) A dispute resolution arrangement;
(2) How joint land-use planning and development regulations by the county and a city or cities, or by two or more
cities, may be established, made binding, and enforced;
(3) How common development standards between the
county and a city or cities, or between two or more cities, may
be established, made binding, and enforced;
(4) How capital improvement plans of the county, cities,
and special districts shall be coordinated;
(5) How plans and policies adopted under chapter
36.70A RCW will be implemented by the service agreement;
(6) A transfer of revenues between local governments in
relationship to their obligations for providing governmental
services;
(7) The designation of additional area-wide governmental services to be provided by the county. [1994 c 266 § 5.]
36.115.050
36.115.060 Procedure for establishment—Counties
affected. (1) The county legislative authority of every
county with a population of one hundred fifty thousand or
more shall convene a meeting on or before March 1, 1995, to
develop a process for the establishment of service agreements. Invitations to attend this meeting shall be sent to the
governing body of each city located in the county, and to the
governing body of each special district located in the county
that provides one or more of the governmental services as
defined in RCW 36.115.020(2).
36.115.060
(2010 Ed.)
Chapter 36.120
The legislative authorities of counties of less than one
hundred fifty thousand population may utilize this chapter by
adopting a resolution stating their intent to do so. In that case
or in the case of counties whose populations reach one hundred fifty thousand after March 1, 1995, this meeting shall be
convened no later than sixty days after the date the county
adopts its resolution of intention or was certified by the office
of financial management as having a population of one hundred fifty thousand or more.
(2) On or before January 1, 1997, a service agreement
must be adopted in each county under this chapter or a
progress report must be submitted to the appropriate committees of the legislature.
(3) In other counties that choose to utilize this chapter or
whose population reaches one hundred fifty thousand, the
service agreement must be adopted two years after the initial
meeting provided for in subsection (1) of this section is convened or a progress report must be submitted to the appropriate committees of the legislature. [1994 c 266 § 6.]
36.115.070 Legislative intent. It is the intent of the legislature to permit the creation of a flexible process to establish service agreements and to recognize that local governments possess broad authority to shape a variety of government service agreements to meet their local needs and
circumstances. However, it is noted that in general, cities are
the unit of local government most appropriate to provide
urban governmental services and counties are the unit of
local government most appropriate to provide regional governmental services.
The process to establish service agreements should
assure that all directly affected local governments, and Indian
tribes at their option, are allowed to be heard on issues relevant to them. [1994 c 266 § 7.]
36.115.070
36.115.080 Duties, requirements, authorities under
growth management act not altered. Nothing contained in
this chapter alters the duties, requirements, and authorities of
cities and counties contained in chapter 36.70A RCW. [1994
c 266 § 8.]
36.115.080
Chapter 36.120
Chapter 36.120 RCW
REGIONAL TRANSPORTATION
INVESTMENT DISTRICTS
Sections
36.120.010
36.120.020
36.120.030
36.120.040
36.120.045
36.120.050
36.120.060
36.120.070
36.120.080
36.120.090
36.120.100
36.120.110
36.120.120
36.120.130
36.120.140
36.120.150
36.120.160
36.120.170
36.120.180
Findings.
Definitions.
Planning committee—Formation.
Planning committee—Duties.
Planning committee—State route No. 520 improvements.
Planning committee—Taxes, fees, and tolls.
Project selection—Performance criteria.
Submission of ballot propositions to the voters.
Formation—Certification.
Governing board—Composition.
Governing board—Organization.
Governing board—Powers and duties—Intent.
Treasurer.
Indebtedness—Bonds—Limitation.
Transportation project or plan modification—Accountability.
Department of transportation—Role.
Ownership of improvements.
Dissolution of district.
Findings—Regional models—Grants.
[Title 36 RCW—page 337]
36.120.010
36.120.190
36.120.200
36.120.210
36.120.900
36.120.901
Title 36 RCW: Counties
Joint ballot measure.
Regional transportation investment district account.
Advisory ballot for Alaskan Way viaduct improvements—
Preferred alternative for Alaskan Way viaduct and Seattle
Seawall improvements.
Captions and subheadings not law—2002 c 56.
Severability—2002 c 56.
36.120.010 Findings. The legislature finds that:
(1) The capacity of many of Washington state’s transportation facilities have failed to keep up with the state’s growth,
particularly in major urban regions;
(2) The state cannot by itself fund, in a timely way, many
of the major capacity and other improvements required on
highways of statewide significance in the state’s largest
urbanized area;
(3) Providing a transportation system that provides efficient mobility for persons and freight requires a shared partnership and responsibility between the state, local, and
regional governments and the private sector; and
(4) Timely construction and development of significant
transportation improvement projects can best be achieved
through enhanced funding options for governments at the
county and regional levels, using already existing tax authority to address roadway and multimodal needs and new
authority for regions to address critical transportation
projects of statewide significance. [2002 c 56 § 101.]
36.120.010
36.120.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the governing body of a regional
transportation investment district.
(2) "Department" means the Washington state department of transportation.
(3) "Highway of statewide significance" means an existing or proposed state route or federal interstate designated as
a highway of statewide significance by the transportation
commission, the department, or the legislature.
(4) "Lead agency" means a public agency that by law can
plan, design, and build a transportation project and has been
so designated by the district.
(5) "Regional transportation investment district" or "district" means a municipal corporation that has been created by
county legislative authorities and a vote of the people under
this chapter to implement a regional transportation investment plan.
(6) "Regional transportation investment district planning
committee" or "planning committee" means the advisory
committee created under RCW 36.120.030 to create and propose to county legislative authorities a regional transportation
investment plan to develop, finance, and construct transportation projects.
(7) "Regional transportation investment plan" or "plan"
means a plan to develop, construct, and finance a transportation project or projects.
(8) "Transportation project" means:
(a) A capital improvement or improvements to a highway that has been designated, in whole or in part, as a highway of statewide significance, including an extension, that:
(i) Adds a lane or new lanes to an existing state or federal
highway; or
36.120.020
[Title 36 RCW—page 338]
(ii) Repairs or replaces a lane or lanes damaged by an
event declared an emergency by the governor before January
1, 2002.
(b) A capital improvement or improvements to all or a
portion of a highway of statewide significance, including an
extension, and may include the following associated multimodal capital improvements:
(i) Approaches to highways of statewide significance;
(ii) High occupancy vehicle lanes;
(iii) Flyover ramps;
(iv) Park and ride lots;
(v) Bus pullouts;
(vi) Vans for vanpools;
(vii) Buses; and
(viii) Signalization, ramp metering, and other transportation system management improvements.
(c) A capital improvement or improvements to all or a
portion of a city street, county road, or existing highway or
the creation of a new highway that intersects with a highway
of statewide significance, if all of the following conditions
are met:
(i) The project is included in a plan that makes highway
improvement projects that add capacity to a highway or highways of statewide significance;
(ii) The secretary of transportation determines that the
project would better relieve traffic congestion than investing
that same money in adding capacity to a highway of statewide significance;
(iii) Matching money equal to fifteen percent of the total
cost of the project is provided by local entities, including but
not limited to a metropolitan planning organization, county,
city, port, or private entity in which a county participating in
a plan is located. Local entities may use federal grants to
meet this matching requirement;
(iv) In no case may the cumulative regional transportation investment district contribution to all projects constructed under this subsection (8)(c) exceed ten percent of the
revenues generated by the district;
(v) In no case may the cumulative regional transportation
investment district contribution to all projects constructed
under this subsection (8)(c) exceed one billion dollars; and
(vi) The specific projects are included within the plan
and submitted as part of the plan to a vote of the people.
(d) Except as otherwise provided in this subsection,
operations, preservation, and maintenance are excluded from
this definition and may not be included in a regional transportation investment plan. However, operations, preservation,
and maintenance of tolled facilities where toll revenues have
been pledged for the payment of contracts is expressly authorized and may be included in a regional transportation investment plan. The authority under this subsection includes operational expenses for toll enforcement.
(e) Operational expenses for traffic mitigation provided
solely for transportation project construction mitigation
directly related to specific projects as outlined in the plan
shall be included in a regional transportation investment plan.
Construction mitigation strategies may include, but are not
limited to, funding for increased transit service hours, trip
reduction incentives, nonmotorized mode support, and ridematching services. Prior to construction of any project, corridor mitigation plans must be developed in conjunction with
(2010 Ed.)
Regional Transportation Investment Districts
the department and partner transit agencies, including local
transit agencies and the regional transit authority serving the
counties, with the following goals: (i) Reducing drive alone
trips in affected corridors; (ii) reducing delay per person and
delay per unit of goods in affected corridors; and (iii) improving levels of service that improve system performance for all
transportation users in affected corridors. The regional transportation commission established under section 2, chapter
311, Laws of 2006, or a successor regional governing entity,
shall review transit investments according to these performance measures to determine whether to continue funding
for successful and effective operations after the construction
period is completed.
(9) "Weighted vote" means a vote that reflects the population each board or planning committee member represents
relative to the population represented by the total membership of the board or planning committee. Population will be
determined using the federal 2000 census or subsequent federal census data. [2006 c 334 § 13; 2006 c 311 § 4; 2002 c 56
§ 102.]
Reviser’s note: This section was amended by 2006 c 311 § 4 and by
2006 c 334 § 13, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2006 c 334: See note following RCW 47.01.051.
Findings—2006 c 311: "The legislature finds that effective transportation planning in urbanized regions requires stronger and clearer lines of
responsibility and accountability.
The legislature further finds that integrated, multimodal transportation
planning will help reduce transportation congestion and improve safety, and
that streamlined decision making will help reduce political congestion.
The legislature further finds that coordinated planning of, investment
in, and operation of transportation systems will have significant benefit to
the citizens of Washington, and that it is the will of the people to fund
regional transportation solutions, including improving transit service in
urbanized areas and among existing, fragmented transit agencies in the
region. Although equity considerations must be respected, transportation
problems are broader and deeper than the sum of geographic subareas.
It is therefore the policy of the state of Washington to create a regional
transportation commission to develop a proposal for a regional transportation governing entity more directly accountable to the public, and to develop
a comprehensive regional transportation finance plan for the citizens of the
Puget Sound metropolitan region." [2006 c 311 § 1.]
36.120.030 Planning committee—Formation.
Regional transportation investment district planning committees are advisory entities that are created, convened, and
empowered as follows:
(1) A county with a population over one million five
hundred thousand persons and any adjoining counties with a
population over five hundred thousand persons may create a
regional transportation investment district and shall convene
a regional transportation investment district planning committee.
(a) The boundaries of the district should include at least
the contiguous areas within the regional transit authority
serving the counties. The boundaries must be proposed by
the planning committee and approved by the county legislative authorities by ordinance before or in conjunction with
approval of a regional transportation investment plan.
Boundaries must follow complete parcels of land. However,
any portion of a county that is located on a peninsula shall be
exempt from a regional transportation investment district in
which more than one county is included if (i) the portion of
36.120.030
(2010 Ed.)
36.120.030
the county located on the peninsula is connected to the other
portion of the county by a bridge improved under chapter
47.46 RCW, and (ii) the county has a national park and a population of more than five hundred thousand persons, but less
than one million five hundred thousand persons.
(b) After voters within the district boundaries have
approved a plan under RCW 36.120.070, elections to add
areas to the district boundaries may be called by a resolution
of the board, after consultation with the regional transportation planning organization and affected transit agencies and
with the concurrence of the legislative authority of the city or
town if the area is incorporated or with the concurrence of the
county legislative authority if the area is unincorporated. The
election may include a single ballot measure providing
annexation to the district, approval of the plan, and approval
of revenue sources necessary to finance the plan. The electorate are the voters voting within the proposed area to be
annexed. A simple majority of the persons voting on the single ballot measure is required for approval of the measure.
(2) The members of the legislative authorities participating in planning under this chapter shall serve as the district
planning committee. Members of the planning committee
receive no compensation, but may be reimbursed for travel
and incidental expenses as the planning committee deems
appropriate.
The secretary of transportation, or the appropriate
regional administrator of the department, as named by the
secretary, shall serve on the committee as a nonvoting member.
(3) A regional transportation investment district planning committee may be entitled to state funding, as appropriated by the legislature, for start-up funding to pay for salaries,
expenses, overhead, supplies, and similar expenses ordinarily
and necessarily incurred in selecting transportation projects
and funding for those transportation projects under this chapter. Upon creation of a regional transportation investment
district, the district shall within one year reimburse the state
for any sums advanced for these start-up costs from the state.
(4) The planning committee shall conduct its affairs and
formulate a regional transportation investment plan as provided under RCW 36.120.040, except that it shall elect an
executive board of seven members to discharge the duties of
the planning committee and formulate a regional transportation investment plan, subject to the approval of the full committee.
(5) At its first meeting, a regional transportation investment district planning committee may elect officers and provide for the adoption of rules and other operating procedures.
(6) Governance of and decisions by a regional transportation investment district planning committee must be by a
sixty-percent weighted majority vote of the total membership.
(7) The planning committee may dissolve itself at any
time by a two-thirds weighted majority vote of the total membership of the planning committee.
(8) If a multicounty regional transportation investment
district is not formed by December 1, 2007, through approval
by the voters voting on a regional transportation investment
plan, then the authority under this chapter to create a district,
and to fund and construct transportation projects, shall be
available to each of the eligible counties described in subsec[Title 36 RCW—page 339]
36.120.040
Title 36 RCW: Counties
tion (1) of this section on an individual and independent
basis. [2006 c 311 § 5; 2002 c 56 § 103.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.040 Planning committee—Duties. (1) A
regional transportation investment district planning committee shall adopt a regional transportation investment plan providing for the development, construction, and financing of
transportation projects. The planning committee may consider the following factors in formulating its plan:
(a) Land use planning criteria;
(b) The input of cities located within a participating
county; and
(c) The input of regional transportation planning organizations of which a participating county is a member. A
regional transportation planning organization in which a participating county is located shall review its adopted regional
transportation plan and submit, for the planning committee’s
consideration, its list of transportation improvement priorities.
(2) The planning committee may coordinate its activities
with the department, which shall provide services, data, and
personnel to assist in this planning as desired by the planning
committee. In addition, the planning committee may coordinate its activities with affected cities, towns, and other local
governments, including any regional transit authority existing within the participating counties’ boundaries, that engage
in transportation planning.
(3) The planning committee shall:
(a) Conduct public meetings that are needed to assure
active public participation in the development of the plan;
(b) Adopt a plan proposing the:
(i) Creation of a regional transportation investment district, including district boundaries; and
(ii) Construction of transportation projects to improve
mobility within each county and within the region. Operations, maintenance, and preservation of facilities or systems
may not be part of the plan, except for the limited purposes
provided under RCW 36.120.020(8); and
(c) Recommend sources of revenue authorized by RCW
36.120.050 and a financing plan to fund selected transportation projects. The overall plan of the district must leverage
the district’s financial contributions so that the federal, state,
local, and other revenue sources continue to fund major congestion relief and transportation capacity improvement
projects in each county and the district. A combination of
local, state, and federal revenues may be necessary to pay for
transportation projects, and the planning committee shall
consider all of these revenue sources in developing a plan.
(4) The plan must use tax revenues and related debt for
projects that generally benefit a participating county in proportion to the general level of tax revenues generated within
that participating county. This equity principle applies to all
modifications to the plan, appropriation of contingency funds
not identified within the project estimate, and future phases
of the plan. Per agreement with a regional transit authority
serving the counties participating in a district, the equity principle identified under this subsection may include using the
combined district and regional transit authority revenues generated within a participating county to determine the distribu36.120.040
[Title 36 RCW—page 340]
tion that proportionally benefits the county. For purposes of
the transportation subarea equity principle established under
this subsection, a district may use the five subareas within a
regional transit authority’s boundaries as identified in an
authority’s system plan adopted in May 1996. During implementation of the plan, the board shall retain the flexibility to
manage distribution of revenues, debt, and project schedules
so that the district may effectively implement the plan. Nothing in this section should be interpreted to prevent the district
from pledging district-wide tax revenues for payment of any
contract or debt entered into under RCW 36.120.130.
(5) Before adopting the plan, the planning committee,
with assistance from the department, shall work with the lead
agency to develop accurate cost forecasts for transportation
projects. This project costing methodology must be integrated with revenue forecasts in developing the plan and
must at a minimum include estimated project costs in constant dollars as well as year of expenditure dollars, the range
of project costs reflected by the level of project design,
project contingencies, identification of mitigation costs, the
range of revenue forecasts, and project and plan cash flow
and bond analysis. The plan submitted to the voters must
provide cost estimates for each project, including reasonable
contingency costs. Plans submitted to the voters must provide that the maximum amount possible of the funds raised
will be used to fund projects in the plan, including environmental improvements and mitigation, and that administrative
costs be minimized. If actual revenue exceeds actual plan
costs, the excess revenues must be used to retire any outstanding debt associated with the plan.
(6) If a county opts not to adopt the plan or participate in
the regional transportation investment district, but two or
more contiguous counties do choose to continue to participate, then the planning committee may, within ninety days,
redefine the regional transportation investment plan and the
ballot measure to be submitted to the people to reflect elimination of the county, and submit the redefined plan to the legislative authorities of the remaining counties for their decision as to whether to continue to adopt the redefined plan and
participate. This action must be completed within sixty days
after receipt of the redefined plan.
(7) Once adopted by the planning committee, the plan
must be forwarded to the participating county legislative
authorities to initiate the election process under RCW
36.120.070. The planning committee shall at the same time
provide notice to each city and town within the district, the
governor, the chairs of the transportation committees of the
legislature, the secretary of transportation, and each legislator
whose legislative district is partially or wholly within the
boundaries of the district.
(8) If the ballot measure is not approved, the planning
committee may redefine the selected transportation projects,
financing plan, and the ballot measure. The county legislative authorities may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at the next election or a special election. If no ballot measure is approved by the voters by the third vote, the planning
committee is dissolved. [2006 c 311 § 6; 2003 c 194 § 1;
2002 c 56 § 104.]
Findings—2006 c 311: See note following RCW 36.120.020.
(2010 Ed.)
Regional Transportation Investment Districts
36.120.045 Planning committee—State route No. 520
improvements. The planning committee must develop and
include in the regional transportation investment plan a funding proposal for the state route number 520 bridge replacement and HOV project that assures full project funding for
seismic safety and corridor connectivity on state route number 520 between Interstate 5 and Interstate 405. [2006 c 311
§ 7.]
36.120.045
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.050 Planning committee—Taxes, fees, and
tolls. (1) A regional transportation investment district planning committee may, as part of a regional transportation
investment plan, recommend the imposition or authorization
of some or all of the following revenue sources, which a
regional transportation investment district may impose or
authorize upon approval of the voters as provided in this
chapter:
(a) A regional sales and use tax, as specified in RCW
82.14.430, of up to 0.1 percent of the selling price, in the case
of a sales tax, or value of the article used, in the case of a use
tax, upon the occurrence of any taxable event in the regional
transportation investment district;
(b) A local option vehicle license fee, as specified under
RCW 82.80.100, of up to one hundred dollars per vehicle
registered in the district. As used in this subsection, "vehicle"
means motor vehicle as defined in RCW 46.04.320. Certain
classes of vehicles, as defined under chapter 46.04 RCW,
may be exempted from this fee;
(c) A parking tax under RCW 82.80.030;
(d) A local motor vehicle excise tax under RCW
81.100.060;
(e) A local option fuel tax under RCW 82.80.120;
(f) An employer excise tax under RCW 81.100.030; and
(g) Vehicle tolls on new or reconstructed local or
regional arterials or state routes within the boundaries of the
district, if the following conditions are met:
(i) Consistent with RCW 47.56.820, the vehicle toll must
first be authorized by the legislature if the toll is imposed on
a state route;
(ii) Consistent with RCW 47.56.850, the vehicle toll,
including any change in an existing toll rate, must first be
reviewed and approved by the tolling authority designated in
RCW 47.56.850 if the toll, or change in toll rate, would have
a significant impact, as determined by the tolling authority,
on the operation of any state facility;
(iii) The regional transportation investment plan must
identify the facilities that may be tolled; and
(iv) Unless otherwise specified by law, the department
shall administer the collection of vehicle tolls on designated
facilities, and the state transportation commission, or its successor, shall be the tolling authority, and shall act in accordance with RCW 47.56.850.
(2) Taxes, fees, and tolls may not be imposed or authorized without an affirmative vote of the majority of the voters
within the boundaries of the district voting on a ballot proposition as set forth in RCW 36.120.070. Revenues from these
taxes and fees may be used only to implement the plan as set
forth in this chapter. A district may contract with the state
department of revenue or other appropriate entities for
36.120.050
(2010 Ed.)
36.120.070
administration and collection of any of the taxes or fees
authorized in this section.
(3) Existing statewide motor vehicle fuel and special fuel
taxes, at the distribution rates in effect on January 1, 2001, are
not intended to be altered by this chapter. [2008 c 122 § 16;
2006 c 311 § 13; 2003 c 350 § 4; 2002 c 56 § 105.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.060 Project selection—Performance criteria.
(1) The planning committee shall consider the following criteria for selecting transportation projects to improve corridor
performance:
(a) Reduced level of congestion and improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period person and vehicle
trip capacity;
(e) Reductions in person and vehicle delay;
(f) Improved freight mobility; and
(g) Cost-effectiveness of the investment.
(2) These criteria represent only minimum standards that
must be considered in selecting transportation improvement
projects. The board shall also consider rules and standards for
benchmarks adopted by the transportation commission or its
successor. [2002 c 56 § 106.]
36.120.060
36.120.070 Submission of ballot propositions to the
voters. (1) Beginning no sooner than the 2007 general election, two or more contiguous county legislative authorities, or
a single county legislative authority as provided under RCW
36.120.030(8), upon receipt of the regional transportation
investment plan under RCW 36.120.040, may submit to the
voters of the proposed district a single ballot proposition that
approves formation of the district, approves the regional
transportation investment plan, and approves the revenue
sources necessary to finance the plan. For a county to participate in the plan, the county legislative authority shall, within
ninety days after receiving the plan, adopt an ordinance indicating the county’s participation. The planning committee
may draft the ballot proposition on behalf of the county legislative authorities, and the county legislative authorities may
give notice as required by law for ballot propositions, and
perform other duties as required to submit the proposition to
the voters of the proposed district for their approval or rejection. Counties may negotiate interlocal agreements necessary to implement the plan. The electorate will be the voters
voting within the boundaries of the proposed district. A simple majority of the total persons voting on the single ballot
proposition is required for approval.
(2) The participating counties shall submit a regional
transportation investment plan at the 2007 general election as
part of a single ballot proposition that includes, in conjunction with RCW 81.112.030(10), a plan to support an authority’s system and financing plan, or additional implementation
phases of the system and financing plan, developed under
chapter 81.112 RCW. The regional transportation investment plan shall not be considered approved unless both a
majority of the persons voting on the proposition residing in
the proposed district vote in favor of the proposition and a
majority of the persons voting on the proposition residing
36.120.070
[Title 36 RCW—page 341]
36.120.080
Title 36 RCW: Counties
within the regional transit authority vote in favor of the proposition. [2007 c 509 § 2; 2006 c 311 § 8; 2002 c 56 § 107.]
Findings—Intent—2007 c 509: "The legislature finds that traffic congestion reduces personal and freight mobility and is detrimental to the economy, air quality, and the quality of life throughout the central Puget Sound
area. Effective transportation solutions are essential for the future growth
and development of the central Puget Sound area and the welfare of its citizens.
The legislature further finds that investments in both transit and road
improvements are necessary to relieve traffic congestion and to improve
mobility. The transportation improvements proposed by regional transportation investment districts and regional transit authorities within the central
Puget Sound region form integral parts of, and are naturally and necessarily
related to, a single regional transportation system. The construction of road
and transit projects in a comprehensive and interrelated manner will help
reduce transportation congestion, increase road capacity, promote safety,
facilitate mobility, and improve the health, welfare, and safety of the citizens
of Washington.
The legislature further finds that under RCW 81.112.030 and
*36.120.170 regional transportation investment districts and regional transit
authorities are required to submit to the voters propositions for their respective transportation plans on the same ballot at the 2007 general election and
that the opportunity to propose a single ballot reflecting a comprehensive,
systemic, and interrelated approach to regional transportation would further
the legislative intent and provide voters with an easier and more efficient
method of expressing their will.
It is therefore the policy and intent of the state of Washington that
transportation plans required to be submitted for voter approval at the 2007
general election by a regional transportation investment district and a
regional transit authority must be submitted to voters in single ballot question seeking approval of both plans." [2007 c 509 § 1.]
*Reviser’s note: Reference to RCW 36.120.170 appears to be erroneous. The correct reference should be to RCW 36.120.070.
Constitutional challenges—Expedited appeals—2007 c 509: "Any
legal challenges as to the constitutionality of this act must be filed in superior
court along with any supporting legal and factual authority within twenty
calendar days of May 15, 2007. Notice of a challenge along with any supporting legal and factual authority must be served upon the secretary of state,
the attorney general, the district, and the authority. Upon the filing of a challenge, the state, district, and authority have ten calendar days to file any
response to the challenge along with any supporting legal and factual authority. The court shall accord priority to hearing the matter and shall, within
five calendar days of the filing of the response to the challenge, render its
decision and file with the secretary of state a copy of its decision. The decision of the superior court constitutes a final judgment. Any appeal must be
filed in the supreme court within ten calendar days after the date of the superior court decision. The supreme court shall issue its ruling on the appeal
within thirty days of receipt by the court." [2007 c 509 § 5.]
Severability—2007 c 509: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 509 § 6.]
Effective date—2007 c 509: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 15, 2007]." [2007 c 509 § 7.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.080 Formation—Certification. If the voters
approve the plan, including creation of a regional transportation investment district and imposition of taxes and fees, the
district will be declared formed. The county election officials
of participating counties shall, within fifteen days of the final
certification of the election results, publish a notice in a
newspaper or newspapers of general circulation in the district
declaring the district formed, and mail copies of the notice to
the governor, the secretary of transportation, the executive
director of the regional transit authority in which any part of
the district is located, and the executive director of the
regional transportation planning organization in which any
36.120.080
[Title 36 RCW—page 342]
part of the district is located. A party challenging the procedure or the formation of a voter-approved district must file
the challenge in writing by serving the prosecuting attorney
of the participating counties and the attorney general within
thirty days after the final certification of the election. Failure
to challenge within that time forever bars further challenge of
the district’s valid formation. [2006 c 311 § 10; 2002 c 56 §
108.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.090 Governing board—Composition. (1) The
governing board of a district consists of the members of the
legislative authority of each member county, acting ex officio
and independently. The secretary of transportation or the
appropriate regional administrator of the department, as
named by the secretary, shall also serve as a nonvoting member of the board. The governing board may elect an executive
board of seven members to discharge the duties of the governing board subject to the approval of the full governing
board.
(2) A sixty-percent majority of the weighted votes of the
total board membership is required to submit to the counties
a modified plan under RCW 36.120.140 or any other proposal to be submitted to the voters. The counties may, with
majority vote of each county legislative authority, submit a
modified plan or proposal to the voters. [2002 c 56 § 109.]
36.120.090
36.120.100 Governing board—Organization. The
board shall adopt rules for the conduct of business. The board
shall adopt bylaws to govern district affairs, which may
include:
(1) The time and place of regular meetings;
(2) Rules for calling special meetings;
(3) The method of keeping records of proceedings and
official acts;
(4) Procedures for the safekeeping and disbursement of
funds; and
(5) Any other provisions the board finds necessary to
include. [2002 c 56 § 110.]
36.120.100
36.120.110 Governing board—Powers and duties—
Intent. (1) The governing board of the district is responsible
for the execution of the voter-approved plan. The board
shall:
(a) Impose taxes and fees authorized by district voters;
(b) Enter into agreements with state, local, and regional
agencies and departments as necessary to accomplish district
purposes and protect the district’s investment in transportation projects;
(c) Accept gifts, grants, or other contributions of funds
that will support the purposes and programs of the district;
(d) Monitor and audit the progress and execution of
transportation projects to protect the investment of the public
and annually make public its findings;
(e) Pay for services and enter into leases and contracts,
including professional service contracts;
(f) Hire no more than ten employees, including a director
or executive officer, a treasurer or financial officer, a project
manager or engineer, a project permit coordinator, and clerical staff; and
36.120.110
(2010 Ed.)
Regional Transportation Investment Districts
(g) Coordinate its activities with affected cities, towns,
and other local governments, including any regional transit
authority existing either partially or entirely within the district area, that engage in transportation planning; and
(h) Exercise other powers and duties as may be reasonable to carry out the purposes of the district.
(2) It is the intent of the legislature that existing staff
resources of lead agencies be used in implementing this chapter. A district may coordinate its activities with the department, which shall provide services, data, and personnel to
assist as desired by the regional transportation investment
district. Lead agencies for transportation projects that are not
state facilities shall also provide staff support for the board.
(3) A district may not acquire, hold, or dispose of real
property.
(4) Except for the limited purposes provided under RCW
36.120.020(8), a district may not own, operate, or maintain
an ongoing facility, road, or transportation system.
(5) A district may accept and expend or use gifts, grants,
or donations.
(6) It is the intent of the legislature that administrative
and overhead costs of a regional transportation investment
district be minimized. For transportation projects costing up
to fifty million dollars, administrative and overhead costs
may not exceed three percent of the total construction and
design project costs per year. For transportation projects
costing more than fifty million dollars, administrative and
overhead costs may not exceed three percent of the first fifty
million dollars in costs, plus an additional one-tenth of one
percent of each additional dollar above fifty million. These
limitations apply only to the district, and do not limit the
administration or expenditures of the department.
(7) A district may use the design-build procedure for
transportation projects developed by it. As used in this section "design-build procedure" means a method of contracting
under which the district contracts with another party for that
party to both design and build the structures, facilities, and
other items specified in the contract. The requirements and
limitations of RCW 47.20.780 and 47.20.785 do not apply to
the transportation projects under this chapter. [2006 c 311 §
11; 2002 c 56 § 111.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.120 Treasurer. The regional transportation
investment district, by resolution, shall designate a person
having experience in financial or fiscal matters as treasurer of
the district. The district may designate the treasurer of a
county within which the district is located to act as its treasurer. Such a treasurer has all of the powers, responsibilities,
and duties the county treasurer has related to investing surplus funds. The district shall require a bond with a surety
company authorized to do business in this state in an amount
and under the terms and conditions the district, by resolution,
from time to time finds will protect the district against loss.
The district shall pay the premium on the bond.
In addition to the account established in RCW
36.120.200, the treasurer may establish a special account,
into which may be paid district funds. The treasurer may disburse district funds only on warrants issued by the district
upon orders or vouchers approved by the district.
36.120.120
(2010 Ed.)
36.120.140
If the treasurer of the district is the treasurer of a county,
all district funds must be deposited with a county depositary
under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the district is
some other person, all funds must be deposited in a bank or
banks authorized to do business in this state qualified for
insured deposits under any federal deposit insurance act as
the district, by resolution, designates.
The district may provide and require a reasonable bond
of any other person handling moneys or securities of the district, but the district shall pay the premium on the bond.
[2002 c 56 § 112.]
36.120.130 Indebtedness—Bonds—Limitation.
(1)(a) Notwithstanding RCW 39.36.020(1), the district may
at any time contract indebtedness or borrow money for district purposes and may issue general obligation bonds or
other evidences of indebtedness, secured by the pledge of one
or more of the taxes, tolls, charges, or fees authorized to be
imposed by the district, in an amount not exceeding, together
with any existing indebtedness of the district not authorized
by the voters, one and one-half percent of the value of the taxable property within the boundaries of the district.
(b) With the assent of three-fifths of the voters voting at
an election, a district may contract indebtedness or borrow
money for district purposes and may issue general obligation
bonds or other evidences of indebtedness as long as the total
indebtedness of the district does not exceed five percent of
the value of the taxable property within the district, including
indebtedness authorized under (a) of this subsection. The
bonds shall be issued and sold in accordance with chapter
39.46 RCW.
(2) The district may at any time issue revenue bonds or
other evidences of indebtedness, secured by the pledge of one
or more of the revenues authorized to be collected by the district, to provide funds to carry out its authorized functions
without submitting the matter to the voters of the district.
These obligations shall be issued and sold in accordance with
chapter 39.46 RCW.
(3) The district may enter into agreements with the lead
agencies or the state of Washington, when authorized by the
plan, to pledge taxes or other revenues of the district for the
purpose of paying in part or whole principal and interest on
bonds issued by the lead agency or the state of Washington.
The agreements pledging revenues and taxes shall be binding
for their terms, but not to exceed thirty years, and no tax
pledged by an agreement may be eliminated or modified if it
would impair the pledge made in any agreement.
(4) Once construction of projects in the plan has been
completed, revenues collected by the district may only be
used for the following purposes: (a) Payment of principal
and interest on outstanding indebtedness of the district; (b) to
make payments required under a pledging agreement; and (c)
to make payments for maintenance and operations of toll
facilities as may be required by toll bond covenants. [2003 c
372 § 1; 2002 c 56 § 113.]
36.120.130
36.120.140 Transportation project or plan modification—Accountability. (1) The board may modify the plan to
change transportation projects or revenue sources if:
36.120.140
[Title 36 RCW—page 343]
36.120.150
Title 36 RCW: Counties
(a) Two or more participating counties adopt a resolution
to modify the plan; and
(b) The counties submit to the voters in the district a ballot measure that redefines the scope of the plan, its projects,
its schedule, its costs, or the revenue sources. If the voters
fail to approve the redefined plan, the district shall continue
to work on and complete the plan, and the projects in it, that
was originally approved by the voters. If the voters approve
the redefined plan, the district shall work on and complete the
projects under the redefined plan.
(2) The board may modify the plan to change transportation projects within a participating county if:
(a) A majority of the board approves the change;
(b) The modifications are limited to projects within the
county;
(c) The county submits to the voters in the county a ballot measure that redefines:
(i) Projects;
(ii) Scopes of projects; or
(iii) Costs; and
(iv) The financial plan for the county;
(d) The proposed modifications maintain the equity of
the plan and does [do] not increase the total level of plan
expenditure for the county.
If the voters fail to approve the modified plan, the district
shall continue to work on and complete the plan, and the
projects in it, that was originally approved by the voters. If
the voters approve the redefined plan, the district shall work
on and complete the projects under the redefined plan.
(3) If a transportation project cost exceeds its original
cost by more than twenty percent as identified in the plan:
(a) The board shall, in coordination with the county legislative authorities, submit to the voters in the district or
county a ballot measure that redefines the scope of the transportation project, its schedule, or its costs. If the voters fail to
approve the redefined transportation project, the district shall
terminate work on that transportation project, except that the
district may take reasonable steps to use, preserve, or connect
any improvement already constructed. The remainder of any
funds that would otherwise have been expended on the terminated transportation project must first be used to retire any
outstanding debt attributable to the plan and then may be used
to implement the remainder of the plan.
(b) Alternatively, upon adoption of a resolution by two
or more participating counties:
(i) The counties shall submit to the voters in the district a
ballot measure that redefines the scope of the plan, its transportation projects, its schedule, or its costs. If the voters fail
to approve the redefined plan, the district shall terminate
work on that plan, except that the district may take reasonable
steps to use, preserve, or connect any improvement already
constructed. The remainder of any funds must be used to
retire any outstanding debt attributable to the plan; or
(ii) The counties may elect to have the district continue
the transportation project without submitting an additional
ballot proposal to the voters.
(4) To assure accountability to the public for the timely
construction of the transportation improvement project or
projects within cost projections, the district shall issue a
report, at least annually, to the public and copies of the report
to newspapers of record in the district. In the report, the dis[Title 36 RCW—page 344]
trict shall indicate the status of transportation project costs,
transportation project expenditures, revenues, and construction schedules. The report may also include progress towards
meeting the performance criteria provided under this chapter.
[2003 c 194 § 2; 2002 c 56 § 114.]
36.120.150 Department of transportation—Role. (1)
The department shall designate an office or division of dedicated staff and services whose primary responsibility is to
coordinate the design, preliminary engineering, permitting,
financing, and construction of transportation projects under
consideration by a regional transportation investment district
planning committee or that are part of a regional transportation investment plan being implemented by a regional transportation investment district.
(2) All of the powers granted the department under Title
47 RCW relating to highway construction may, at the request
of a regional transportation investment district, be used to
implement a regional transportation investment plan and construct transportation projects. [2002 c 56 § 115.]
36.120.150
36.120.160 Ownership of improvements. Any
improvement to a state facility constructed under this chapter
becomes and remains the property of this state. [2002 c 56 §
116.]
36.120.160
36.120.170 Dissolution of district. Within thirty days
of the completion of the construction of the transportation
project or series of projects forming the regional transportation investment plan, the district shall terminate day-to-day
operations and exist solely as a limited entity that oversees
the collection of revenue and the payment of debt service or
financing still in effect, if any. The district shall accordingly
adjust downward its employees, administration, and overhead expenses. Any taxes, fees, or tolls imposed under an
approved plan terminate when the financing or debt service
on the transportation project or series of transportation
projects constructed is completed and paid, thirty days from
which point the district shall dissolve itself and cease to exist.
If there is no debt outstanding, then the district shall dissolve
within thirty days from completion of construction of the
transportation project or series of transportation projects
forming the regional transportation investment plan. Notice
of dissolution must be published in newspapers of general
circulation within the district at least three times in a period
of thirty days. Creditors must file claims for payment of
claims due within thirty days of the last published notice or
the claim is extinguished. [2002 c 56 § 117.]
36.120.170
36.120.180 Findings—Regional models—Grants.
The legislature finds that regional solutions to the state’s
transportation needs are of paramount concern. The legislature further recognizes that different areas of the state will
need the flexibility to fashion local solutions to their transportation problems, and that regional transportation systems
may evolve over time. Areas of the state outside of King,
Snohomish, and Pierce counties are eligible for grants from
the state of no more than two hundred thousand dollars each
to study and develop regional transportation models. Regions
receiving these grants shall:
36.120.180
(2010 Ed.)
Marine Resources Committees
(1) Develop a model that can be used within their region
to select, fund, and administer regional transportation solutions;
(2) Adopt a county resolution approving the model proposed;
(3) Form interlocal agreements among counties as
appropriate;
(4) Report to the transportation committees in the senate
and house of representatives, petitioning the legislature to
grant them authority to implement their proposed model.
[2002 c 56 § 118.]
36.120.190 Joint ballot measure. At the option of the
planning committee, and with the explicit approval of the
regional transit authority, the participating counties may
choose to impose any remaining high capacity transportation
taxes under chapter 81.104 RCW that have not otherwise
been used by a regional transit authority and submit to the
voters a common ballot measure that creates the district,
approves the regional transportation investment plan, implements the taxes, and implements any remaining high capacity
transportation taxes within the boundaries of the regional
transportation investment district. Collection and expenditures of any high capacity transportation taxes implemented
under this section must be determined by agreement between
the participating counties or district and the regional transit
authority electing to submit high capacity transportation
taxes to the voters under a common ballot measure as provided in this section. If the measure fails, all such unused
high capacity transportation taxes revert back to and remain
with the regional transit authority. A project constructed with
this funding is not considered a "transportation project" under
RCW 36.120.020. [2002 c 56 § 201.]
36.120.190
36.120.200 Regional transportation investment district account. The regional transportation investment district account is created in the custody of the state treasurer.
The purpose of this account is to act as an account into which
may be deposited state money, if any, that may be used in
conjunction with district money to fund transportation
projects. Additionally, the district may deposit funds into this
account for disbursement, as appropriate, on transportation
projects. Nothing in this section requires any state matching
money. All money deposited in the regional transportation
investment district account will be used for design, right-ofway acquisition, capital acquisition, and construction, or for
the payment of debt service associated with these activities,
for regionally funded transportation projects developed under
this chapter. Only the district may authorize expenditures
from the account. The account is subject to allotment procedures under chapter 43.88 RCW. An appropriation is not
required for expenditures from this account. [2002 c 56 §
401.]
36.120.200
36.120.210 Advisory ballot for Alaskan Way viaduct
improvements—Preferred alternative for Alaskan Way
viaduct and Seattle Seawall improvements. (1) The most
populous city, within the three-county region eligible to create a regional transportation investment district under this
chapter, shall submit an advisory ballot to the city voters at
36.120.210
(2010 Ed.)
36.125.005
the 2006 general election regarding voter preference of the
tunnel and rebuild alternatives described in the environmental impact statement relative to the Alaskan Way viaduct
project. The results of the election shall be advisory only and
not binding regarding the final project to be constructed.
(2) In the alternative to the provisions of subsection (1)
of this section, following the report of the expert review
panel’s findings and recommendations completed under
RCW 47.01.400(4)(c), the city legislative authority shall hold
public hearings on the findings and recommendations. After
such time, and by November 1, 2006, the city legislative
authority shall adopt by ordinance a preferred alternative for
the Alaskan Way viaduct and Seattle Seawall replacement
project. The preferred alternative must, at a minimum, be
based on a substantial project mitigation plan and a comprehensive cost estimate review using the department’s cost estimate validation process. [2006 c 311 § 29.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.900 Captions and subheadings not law—2002
c 56. Captions and subheadings used in this act are not part
of the law. [2002 c 56 § 501.]
36.120.900
36.120.901 Severability—2002 c 56. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 56 § 503.]
36.120.901
Chapter 36.125
Chapter 36.125 RCW
MARINE RESOURCES COMMITTEES
Sections
36.125.005
36.125.010
36.125.020
36.125.030
36.125.040
36.125.050
36.125.060
Findings—Intent.
Counties authorized to establish—Purpose—Role.
Administration—Members—Petition.
Regional coordinating entities.
Application to committees established under federal law.
Collaborative process for ocean policy development and
coastal area management.
Outer coast marine resources committee program—Annual
reports.
36.125.005 Findings—Intent. (1) The legislature finds
the challenge of developing realistic, effective, and efficient
solutions to the conservation and management issues facing
Puget Sound and Washington’s outer coast requires calling
on all available sources of knowledge and creative thinking
available in the collective wisdom of Washington’s citizens.
The legislature further finds that both Puget Sound and the
outer coast are dynamic and localized waterbodies with
unique local challenges and unique local solutions. As such,
it is essential for the future management of these ecosystems
that citizens, through their local government, have a voice
and an opportunity to share their dedication and interest in the
well-being of their community’s unique marine waters, while
providing a valuable contribution to the statewide efforts
aimed at restoring the outer coast and Puget Sound as a
whole.
(2) The legislature further finds that federally led efforts
to establish marine resources committees have proven to be
an exciting vehicle for involving local citizens and commu36.125.005
[Title 36 RCW—page 345]
36.125.010
Title 36 RCW: Counties
nity leaders in the future discussions, decisions, and restoration commitments in the waters most important to the community. The existing model of using a community-based,
nonregulatory organization to examine issues particular to a
community’s corner of Puget Sound, applying for grants, and
thoroughly and fairly investigating available options and
solutions has proved to be a valuable asset to Puget Sound
and its communities, and is worthy of replication throughout
the Puget Sound basin and the outer coast.
(3) In this chapter, the legislature intends to establish a
structure on which interested local communities can harness
the dedication, creativity, and wisdom of their residents in the
form of marine resources committees. These committees are
intended to complement, and not compete with or undermine,
any other governmental efforts to restore and manage the
Puget Sound. The legislature further intends that the department of fish and wildlife should apply the lessons learned
from Puget Sound to work with county governments on the
outer coast to establish marine resources committees. [2007
c 344 § 1.]
36.125.010 Counties authorized to establish—Purpose—Role. (1)(a) The legislative authority for each county
that borders the marine waters of southern Puget Sound may
establish marine resources committees consistent with the
procedures outlined in RCW 36.125.020. Counties authorized to establish marine resources committees in the southern Puget Sound are: King, Pierce, Thurston, Kitsap, and
Mason counties.
(b) The legislative authority for each county bordering
the marine waters of the outer coast may develop a marine
resources committee consistent with the procedures outlined
in RCW 36.125.020. Counties authorized to establish marine
resources committees on the outer coast are: Pacific, Grays
Harbor, and Wahkiakum counties.
(c) Jefferson and Clallam counties may establish a new
marine resources committee or a subcommittee of the
county’s existing marine resources committee, consistent
with the procedures outlined in RCW 36.125.020, specifically to address the marine ecosystems for the outer coast or
Puget Sound, where appropriate.
(2) The mission of a marine resources committee created
under this section is to address, utilizing sound science, the
needs of the marine ecosystem local to the county initiating
the marine resources committee.
(3) A marine resources committee created under this section should review current data and resource conservation
and management programs and make prioritized recommendations for additional measures that might be necessary to
enhance protection of marine resources.
(4) The role of a marine resources committee in developing recommendations includes, but is not limited to:
(a) Utilizing existing data and, to the extent necessary,
helping to gather new data on the health of local marine
resources;
(b) Making scientifically based recommendations on
local candidate sites for marine protected areas;
(c) Working closely with local and state officials to help
implement recommendations of the marine resources committee;
36.125.010
[Title 36 RCW—page 346]
(d) Promoting public outreach and education around
marine resource conservation and management issues; and
(e) Engaging in any other activities that the initiating
county deems appropriate. [2007 c 344 § 2.]
36.125.020 Administration—Members—Petition.
(1) A marine resources committee, as described in RCW
36.125.010, may be created by the legislative authority of any
county bordering the marine waters of the outer coast or
Puget Sound, in cooperation with all appropriate cities and
special districts within their boundaries. Adjacent county
legislative authorities shall coordinate their efforts whenever
there is a mutual interest in creating a marine resources committee.
(2) A county may delegate the management and oversight of a marine resources committee created by the county
under RCW 36.125.010 to a city, or cities, within its jurisdiction, if the city or cities are located on the marine waters of
the outer coast or southern Puget Sound and are willing to
accept the delegation.
(3)(a) Participating county legislative authorities must
select members of the marine resources committee, ensuring
balanced representation from: Local government; local residents; scientific experts; affected economic interests;
affected recreational interests; and environmental and conservation interests. Additionally, participating county legislative authorities must invite tribal representatives to participate in the marine resources committee.
(b) In lieu of creating a new entity, participating county
legislative authorities may designate a lead entity created
under RCW 77.85.050 to also serve as a marine resources
committee. County legislative authorities may only make
this designation where the lead entity consents in writing to
also serve as a marine resources committee.
(c) An initiating county may delegate its appointment
authority to a city or cities that have received from the county
the delegated responsibilities of managing and overseeing the
marine resources committee.
(4) County residents may petition the county legislative
authority to create a marine resources committee. Upon
receipt of a petition, the county legislative authority must
respond in writing within sixty days as to whether they will
authorize the creation of a marine resources committee as
well as the reasons for their decision. [2008 c 242 § 2; 2007
c 344 § 3.]
36.125.020
Findings—Intent—2008 c 242: "The legislature finds that Washington’s coastal and ocean resources provide vital economic, recreation, transportation, and cultural benefits to the state. The legislature seeks to continue
recent state and local efforts to preserve and enhance the state’s coastal and
ocean resources, such as the work of the Washington ocean policy work
group and the state’s existing marine resources committees.
The legislature finds that outer coast marine resources committees,
authorized by the legislature in 2007, provide a mechanism for communities
to discuss and develop solutions for the issues facing coastal resources and
communities. However, additional state investments are necessary to allow
outer coast marine resources committees to fulfill their full potential. Therefore, the legislature intends by this act to provide additional support and
resources for outer coast marine resources committees in order to benefit the
coastal and ocean resources of Washington." [2008 c 242 § 1.]
36.125.030 Regional coordinating entities. (1) The
Puget Sound action team, or its successor organization, shall
serve as the regional coordinating entity for marine resources
36.125.030
(2010 Ed.)
Affordable Housing Developments
committees created in the southern Puget Sound and the
department of fish and wildlife shall serve as the regional
coordinating entity for marine resources committees created
for the outer coast.
(2) The regional coordinating entity shall serve as a
resource to, at a minimum:
(a) Coordinate and pool grant applications and other
funding requests for marine resources committees;
(b) Coordinate communications and information among
marine resources committees;
(c) Assist marine resources committees to measure
themselves against regional performance benchmarks;
(d) Assist marine resources committees with coordinating local projects to complement regional priorities;
(e) Assist marine resources committees to interact with
and complement other marine resources committees, and
other similar groups, constituted under a different authority;
and
(f) Coordinate with the Northwest Straits commission on
issues common to marine resources committees statewide.
[2007 c 344 § 4.]
36.125.040 Application to committees established
under federal law. Nothing in RCW 36.125.010 or
36.125.020 is intended to expand or limit the authority of
local marine resources committees established under the
Northwest Straits marine conservation initiative by federal
act in San Juan, Whatcom, Skagit, Island, Snohomish, Clallam, and Jefferson counties and existing as of July 22, 2007.
[2007 c 344 § 5.]
develop procedures and criteria for allocating funds for
projects, which may include annual allocation of funding to
each committee.
(3) Each outer coast marine resources committee shall
prepare and deliver an annual report to the director of fish and
wildlife by October 31st of each year. The report must
include, but is not limited to, a summary of actions taken that
year and prioritized recommendations for future action. The
director of fish and wildlife shall compile the individual outer
coast marine resources committee reports into a consolidated
report, and provide the consolidated report to the governor
and appropriate committees of the legislature by December
31st of each year. [2008 c 242 § 3.]
Findings—Intent—2008 c 242: See note following RCW 36.125.020.
Chapter 36.130 RCW
AFFORDABLE HOUSING DEVELOPMENTS
Chapter 36.130
Sections
36.130.005
36.130.010
36.130.020
36.125.040
36.125.050 Collaborative process for ocean policy
development and coastal area management. Outer coast
marine resources committees, in conjunction with their
regional coordinating entity, shall meet and consult with key
state, federal, local, and tribal governments, and private interest groups to develop a collaborative process to address
ocean policy issues. This collaborative process should use
Washington’s "Ocean Action Plan: Enhancing Management
of Washington State’s Ocean and Outer Coasts" developed
by the Washington ocean policy work group as a guide to
begin the work of developing and coordinating state and local
ocean policy and providing better management of Washington’s coastal areas. [2007 c 344 § 6.]
36.125.050
36.125.060 Outer coast marine resources committee
program—Annual reports. (1) The outer coast marine
resources committee program is created to provide support
for the development, administration, and coordination of
outer coast marine resources committees and their projects.
(2) The director of fish and wildlife is the administrator
of the outer coast marine resources committee program. As
the administrator of the program, the director of fish and
wildlife shall:
(a) Provide each outer coast marine resources committee
with a coordinator to support the administration and work of
the committee; and
(b) Distribute grants to outer coast marine resources
committees for projects that benefit Washington’s coastal
marine resources. The director of fish and wildlife shall
36.125.060
(2010 Ed.)
36.130.010
Intent.
Definitions.
Restrictions on affordable housing development requirements—Preferential treatment—Requirements as conditions.
Reviser’s note: 2008 c 118 § 4 directed sections 2 and 3, chapter 118,
Laws of 2008 to be codified as a new chapter in Title 43 RCW. Sections 1
through 3, chapter 118, Laws of 2008 are now codified as a new chapter in
Title 36 RCW, which is more appropriate for provisions addressing local
government regulation of affordable housing.
36.130.005 Intent. It is the public policy of the state to
assist in making affordable housing available throughout the
state. The legislature recognizes that despite ongoing efforts
there is still a lack of affordable housing in many areas. The
legislature also recognizes that some local governments have
imposed development requirements on affordable housing
developments that are not generally imposed on other housing developments. The intent of this [the] legislature is to
prohibit discrimination against affordable housing developments. [2008 c 118 § 1.]
36.130.005
36.130.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Affordable housing development" means a housing
development in which at least twenty-five percent of the
dwelling units within the development are set aside for or are
occupied by low-income households at a sales price or rent
amount that is considered affordable by a federal, state, or
local government housing program.
(2) "Dwelling unit" means that part of a housing development that is used as a home, residence, or place to sleep by
one person or two or more persons maintaining a common
household.
(3) "Housing development" means a proposed or existing structure that is used as a home, residence, or place to
sleep by one or more persons including, but not limited to,
single-family residences, manufactured homes, multifamily
housing, group homes, and foster care facilities.
(4) "Low-income household" means a single person,
family, or unrelated persons living together whose adjusted
income is less than eighty percent of the median family
36.130.010
[Title 36 RCW—page 347]
36.130.020
Title 36 RCW: Counties
income, adjusted for household size, for the county where the
affordable housing development is located. [2008 c 118 § 2.]
36.130.020 Restrictions on affordable housing development requirements—Preferential treatment—
Requirements as conditions. (1) A city, county, or other
local governmental entity or agency may not adopt, impose,
or enforce requirements on an affordable housing development that are different than the requirements imposed on
housing developments generally.
(2) This section does not prohibit any city, county, or
other local governmental entity or agency from extending
preferential treatment to affordable housing developments
intended for including, but not limited to, occupancy by
homeless persons, farmworkers, persons with disabilities,
senior citizens, or low-income households. Preferential treatment may include, but is not limited to: A reduction or
waiver of fees or changes in applicable requirements including, without limitation, architectural requirements, site development requirements, property line requirements, building
setback requirements, or vehicle parking requirements; or
other treatment that reduces or is likely to reduce the development or operating costs of an affordable housing development.
(3) A city, county, or other local governmental entity or
agency may impose and enforce requirements on affordable
housing developments as conditions of loans, grants, financial support, tax benefits, subsidy funds, or sale or lease of
public property, or as conditions to eligibility for any affordable housing incentive program under RCW 36.70A.540 or
any other program involving bonus density, transfer of development rights, waiver of development regulations or fees, or
other development incentives. [2008 c 118 § 3.]
36.130.020
Chapter 36.135
Chapter 36.135 RCW
LOCAL PUBLIC WORKS ASSISTANCE FUNDS
Sections
36.135.010
36.135.020
36.135.030
36.135.040
36.135.050
Definitions.
Use—Distribution.
Public works projects—Financial assistance for local governments.
Public works projects—Prioritization process.
Records of accounts—Audit.
36.135.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Capital facilities plan" means a capital facilities plan
required under chapter 36.70A RCW.
(2) "Local government" means cities, towns, counties,
special purpose districts, and any other municipal corporations or quasi-municipal corporations in the state, excluding
school districts and port districts.
(3) "Public works project" means a project of a local
government for the planning, acquisition, construction,
repair, reconstruction, replacement, rehabilitation, or
improvement of streets and roads, bridges, water systems, or
storm and sanitary sewage systems and solid waste facilities,
including recycling facilities. [2009 c 45 § 1.]
36.135.010
[Title 36 RCW—page 348]
36.135.020 Use—Distribution. (1) County legislative
authorities may establish local public works assistance funds
for the purpose of funding public works projects located
wholly or partially within the county. Moneys may be deposited in local public works assistance funds from existing revenue sources of the county.
(2) Moneys deposited in local public works assistance
funds, and interest earned on balances from the funds, may
only be used:
(a) To make loans to the county and to other local governments for funding public works projects as provided in
this chapter; and
(b) For costs incurred in the administration of funds.
(3) No more than fifty percent of the moneys loaned
from a fund in a calendar year may be loaned to the county
providing local public works assistance funds. At least
twenty-five percent of the moneys anticipated to be loaned
from a fund in a calendar year must be made available for
funding public works projects in cities or towns.
(4) No more than one percent of the average annual balance of a county’s fund, including interest earned on balances
from the fund, may be used annually for administrative costs.
[2009 c 45 § 2.]
36.135.020
36.135.030 Public works projects—Financial assistance for local governments. (1) Counties, in consultation
with cities and towns within the county, may make loans to
local governments from funds established under RCW
36.135.020 for the purpose of assisting local governments in
funding public works projects. Counties may require terms
and conditions and may charge rates of interest on its loans as
they deem necessary or convenient to carry out the purposes
of this chapter. Counties may not pledge any amount greater
than the sum of money in their local public works assistance
fund plus money to be received from the payment of the debt
service on loans made from that fund. Money received from
local governments in repayment of loans made under this
chapter must be paid into the fund of the lending county for
uses consistent with this chapter.
(2) Prior to receiving moneys from a fund established
under RCW 36.135.020, a local government applying for
financial assistance under this chapter must demonstrate to
the lending county:
(a) Utilization of all local revenue sources that are reasonably available for funding public works projects;
(b) Compliance with applicable requirements of chapter
36.70A RCW; and
(c) Consistency between the proposed project and applicable capital facilities plans.
(3) Counties may not make loans under this chapter prior
to completing the initial collaboration and prioritization
requirements of RCW 36.135.040(1). [2009 c 45 § 3.]
36.135.030
36.135.040 Public works projects—Prioritization
process. (1) County legislative authorities utilizing or providing money under this chapter must develop a prioritization
process for funding public works projects that gives priority
to projects necessary to address public health needs, substantial environmental degradation, or increases existing capacity
necessary to accommodate projected population and employment growth. This prioritization process must be:
36.135.040
(2010 Ed.)
Electricity Generation from Biomass Energy
(a) Completed collaboratively with public works directors of local governments within the county;
(b) Documented in the form of written findings produced
by the county; and
(c) Revised periodically according to a schedule developed by the county and the public works directors.
(2) In addition to the requirements under subsection (1)
of this section, legislative authorities providing funding to
other local governments under this chapter must consider,
through a competitive application process, the following factors in assigning a priority to and funding a project:
(a) Whether the local government applying for assistance has experienced severe fiscal distress resulting from
natural disaster or emergency public works needs;
(b) Whether the project is critical in nature and would
affect the health and safety of a great number of citizens;
(c) The cost of the project compared to the size of the
local government and amount of loan money available;
(d) The number of communities served by or funding the
project;
(e) Whether the project is the acquisition, expansion,
improvement, or renovation by a local government of a public water system that is in violation of health and safety standards;
(f) The number of additional housing units estimated to
be achieved by funding the project;
(g) The additional jobs estimated to be achieved by funding the project; and
(h) Other criteria the county legislative authority deems
appropriate. [2009 c 45 § 4.]
36.135.050 Records of accounts—Audit. County legislative authorities providing funding for public works
projects under this chapter must keep proper records of
accounts and are subject to audit by the state auditor. [2009 c
45 § 5.]
36.135.050
Chapter 36.140
Chapter 36.140 RCW
ELECTRICITY GENERATION FROM
BIOMASS ENERGY
Sections
36.140.010
Generation of electricity from biomass energy.
36.140.010 Generation of electricity from biomass
energy. (1) Any county legislative authority of a county
where a public utility district owns and operates a plant or
system for the generation, transmission, and distribution of
electric energy for sale within the county may construct, purchase, acquire, operate, and maintain one facility within the
county to generate electricity from biomass energy that is a
renewable resource under RCW 19.285.030 or from biomass
energy that is produced from lignin in spent pulping liquors
or liquors derived from algae and other sources. The county
legislative authority has the authority to regulate and control
the use, distribution, sale, and price of the electricity produced from the biomass facility authorized under this section.
(2) For the purposes of this section:
(a) "County legislative authority" means the board of
county commissioners or the county council;
36.140.010
(2010 Ed.)
36.145.010
(b) "Plant" means a natural gas-fueled, combined-cycle
combustion turbine capable of generating at least two hundred forty megawatts of electricity; and
(c) "Public utility district" means a municipal corporation formed under chapter 54.08 RCW. [2010 c 167 § 1;
2009 c 281 § 1.]
Chapter 36.145
Chapter 36.145 RCW
COMMUNITY FACILITIES DISTRICTS
Sections
36.145.005
36.145.010
36.145.020
36.145.030
36.145.040
36.145.050
36.145.060
36.145.070
36.145.080
36.145.090
36.145.100
36.145.110
36.145.120
36.145.130
36.145.140
36.145.150
Findings.
Definitions.
Formation by petition—Requirements—Amendment.
Public hearing on petition—When held.
Public hearing on petition—Notice requirements.
Receipt of material evidence—Inclusion and removal of land.
Approval of petition—Requirements.
Appeals to formation.
Board of supervisors—Members—Vacancies.
Powers.
Financing district costs, expenses, and facilities—Prohibitions.
Special assessments—Procedures and requirements—Notice.
Payment of bonds—Related costs.
Bonds sole obligation of district.
District treasurer—How appointed, duties and powers.
Individual assessments on district property—Liens.
36.145.005 Findings. The legislature finds that:
(1) The state is projected to experience substantial population growth in the next two decades and this growth will
require substantial new housing, places of employment, community facilities, and supporting local, subregional, and
regional infrastructure;
(2) In most areas of the state projected to accommodate
substantial growth, there are inadequate community facilities
and infrastructure to facilitate and support such growth. In
addition, current public financing options and resources are
not adequate to provide the needed community facilities and
local, subregional, and regional infrastructure;
(3) A more flexible type of financing mechanism known
as a community facilities district should be available to counties, cities, and towns so that needed community facilities and
local, subregional, and regional infrastructure can be provided;
(4) This chapter is intended to facilitate voluntary landowner financing of community facilities and local, subregional, and regional infrastructure by authorizing the creation
of community facilities districts, while creating jobs and
facilitating economic development; and
(5) It is in the interest of the people of the state of Washington to authorize the establishment of community facility
[facilities] districts as independently governed, special purpose districts, vested with the corporate authority included
under Article VII, section 9 of the state Constitution to make
local improvements in accordance with this chapter and to
carry out the purposes specifically authorized under this
chapter. [2010 c 7 § 101.]
36.145.005
36.145.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board of supervisors" or "board" means the governing body of a community facilities district.
36.145.010
[Title 36 RCW—page 349]
36.145.020
Title 36 RCW: Counties
(2) "Community facilities district" or "district" means a
district created under this chapter.
(3) "Facility" or "facilities" means the local improvements included under RCW 36.145.100.
(4) "Legislative authority" means the governing body of
a county, city, or town to which a petition or amended petition is submitted.
(a) If the proposed district is located entirely within unincorporated land, then the county is the exclusive "legislative
authority" for purposes of approving formation of the district
under RCW 36.145.020 through 36.145.070, inclusive, and
RCW 36.145.080.
(b) If all or a portion of the proposed district is located
within unincorporated land that is entirely surrounded by an
incorporated city or town, then the "legislative authority" for
purposes of approving formation of the district under RCW
36.145.020 through 36.145.070, inclusive, and RCW
36.145.080 includes the governing bodies of the county and
the city or town surrounding the unincorporated land.
(c) If the proposed district is located entirely within
incorporated land, then the city or town is the exclusive "legislative authority" for purposes of this chapter, and all powers
and responsibilities of a county under this chapter must be
exercised by that city or town.
(5) "Petition" means a request, meeting the requirements
of RCW 36.145.020, made by landowners to form a community facilities district and to voluntarily submit their land to
the assessments authorized under this chapter and includes an
amended petition meeting the requirements of RCW
36.145.020(3).
(6) "Special assessment" means an assessment imposed
in accordance with the requirements of this chapter. [2010 c
7 § 102.]
36.145.020 Formation by petition—Requirements—
Amendment. Community facilities districts are authorized
to be formed for the purposes authorized under this chapter.
Community facilities districts may only include land within
urban growth areas designated under the state growth management act, located in portions of one or more cities, towns,
or counties when created in accordance with this chapter. A
district may include one or more noncontiguous tracts, lots,
parcels, or other properties meeting the requirements of this
chapter.
(1) To form a community facilities district, a petition
must be presented to the applicable legislative authorities.
The petition must:
(a) Designate and describe the boundaries of the district
by metes and bounds or reference to United States townships,
ranges, and legal subdivisions;
(b) Be executed by one hundred percent of all owners of
private property located within the boundaries of the proposed district. The property owners must include a request to
subject their property to the assessments, up to the amount
included in the petition and authorized under this chapter;
(c) Include a certification by the petitioners that they
want to voluntarily submit their property to the authority of
the district under this chapter to approve the petitioner’s
request to submit their property to the assessments, up to the
amount included in the petition and authorized under this
chapter;
36.145.020
[Title 36 RCW—page 350]
(d) Include a general explanation of the objective and
plan of the district and describe the specific facilities that the
district anticipates financing;
(e) Declare the district will be conducive to public
health, safety, and welfare;
(f) Assert that the purpose for forming the district will be
a benefit to the land located in the district;
(g) Be accompanied by an "obligation" signed by at least
two petitioners who agree to pay the costs of the formation
process;
(h) Include a list of petitioners or representatives thereof
who are willing and able to serve on the board of supervisors.
All petitioners within a proposed district who are natural persons, or natural persons who are designated representatives of
petitioners, are eligible to include their name on the list of eligible supervisors. The petitioners may nominate qualified
professions to serve on the board of supervisors in lieu of the
petitioners or representatives of the petitioners;
(i) If it proposes a special assessment, include: (i) A diagram showing each separate lot, tract, parcel of land, or other
property in the district; (ii) the acreage of the property; (iii)
the name and address of the owner or reputed owner of each
lot, tract, parcel of land, or other property as shown on the tax
rolls of the county assessor; (iv) a preliminary assessment roll
showing the special assessment proposed to be imposed on
each lot, tract, parcel of land, or other property; and (v) a proposed method or combination of methods for computing special assessments, determining the benefit to assessed property
or use from facilities or improvements funded directly or
indirectly by special assessments under this chapter; and
(j) Include an explanation of what security will be provided to ensure the timely payment of assessments and the
timely payment of bonds issued by the district.
(2) The petition must be filed with the auditor of each
county in which property included within the proposed district is located. The auditor for the county in which the largest geographic portion of the proposed district is located must
be the lead auditor for the purposes of this section. Within
thirty days of the lead auditor’s receipt of the petition, the
lead auditor must confirm that the petition has been validly
executed by one hundred percent of all owners of the property located within the proposed district, including confirmation by the auditors of all other counties with whom the petition was filed. Within ten days of the lead auditor’s finding
that the petition either does or does not contain the required
signatures, the lead auditor must either (a) transmit the petition, together with a certificate of sufficiency attached
thereto, to each legislative authority petitioned for formation
of the district; or (b) return the petition to the petitioners with
a list of property owners who must sign the petition in order
to comply with this section. There are no restrictions on the
number of petitions that may be submitted by one or more
property owners.
(3) A petition may be amended for any reason if the
amendment is signed by one hundred percent of the owners
of property located within the district proposed in the
amended petition. [2010 c 7 § 201.]
36.145.030 Public hearing on petition—When held.
A public hearing on the petition for formation of a district
must be held by each applicable legislative authority, not less
36.145.030
(2010 Ed.)
Community Facilities Districts
than thirty, but not more than sixty days, from the date that
the lead county auditor issues the certificate of sufficiency
required under RCW 36.145.020. [2010 c 7 § 202.]
36.145.040
36.145.040 Public hearing on petition—Notice
requirements. Notice of all public hearings must include a
description of the proposal, be mailed to all petitioners, and
must be published once a week for three consecutive weeks
in the official paper for each applicable legislative authority,
prior to the date set for the hearing. The notice must be
posted for not less than fifteen days prior to the date of the
hearing in each of three public places within the boundaries
of the proposed district and in three public places for each
applicable legislative authority. Each notice must contain the
time, date, and place of the public hearing. [2010 c 7 § 203.]
36.145.050
36.145.050 Receipt of material evidence—Inclusion
and removal of land. At the time and place of the public
hearing, the legislative authority must consider the petition.
The legislative authority may receive any evidence it deems
material that supports or opposes the formation of the district,
including the inclusion or exclusion of land. Unless an
amended petition satisfying the requirements of RCW
36.145.020 is approved in accordance with the requirements
of this chapter, no land outside the boundaries described in
the petition may be included within the proposed district. No
land inside the boundaries of an approved petition may be
removed from the district unless an amended petition satisfying the requirements of RCW 36.145.020 is approved in
accordance with the requirements of this chapter. [2010 c 7 §
204.]
36.145.060
36.145.060 Approval of petition—Requirements. (1)
The legislative authority may act on the petition to form a
community facilities district at the public hearing held under
RCW 36.145.050 and in no event may the legislative authority’s decision be issued later than thirty days after the day of
the public hearing. The applicable legislative authority may
approve the petition by resolution if the applicable legislative
authority determines, in its sole discretion, that the petitioners
will benefit from the proposed district and that the formation
of the district will be in the best interest of the county, city or
town, as applicable, and that formation of the district is consistent with the requirements of Washington’s growth management act.
(2) A community facilities district may not be formed
unless each applicable legislative authority makes the finding
required under subsection (1) of this section.
(3) All resolutions approving a petition must conform to
the terms and conditions contained in the petition, including
the maximum amounts of special assessments set forth in the
petition, and must designate the name and number of the
community facilities district being formed. [2010 c 7 § 205.]
36.145.070
36.145.070 Appeals to formation. (1) Any person who
objects to formation of the district may appeal the final decision of a legislative authority to approve a petition for formation of a community facilities district by filing an appeal with
the superior court of the county in which any part of the dis(2010 Ed.)
36.145.080
trict is located within thirty days of the effective date of the
resolution approving formation of the district.
(2) If no appeal is timely filed, then the legislative
authority’s decision is deemed valid, complete, and final, and
neither the legal existence of the district, nor the terms and
conditions of an approved petition can thereafter be challenged or questioned by any person on the grounds of procedural defect or otherwise. Certified copies of each resolution
approving a district must be filed with the auditor of the
county or counties in which the community facilities district
is located. [2010 c 7 § 206.]
36.145.080 Board of supervisors—Members—
Vacancies. (1) A community facilities district must be governed by a board of supervisors possessing the powers set
forth under RCW 36.145.090. The board of supervisors must
be appointed by each applicable legislative authority within
sixty days of the formation of the district. Except as
expressly provided under this section, each applicable legislative authority is authorized to appoint members to the board
of supervisors only from among the members of its own governing body. Each applicable legislative authority must
appoint the petitioner members or nominees required under
subsection (2) or (3) of this section. The term of office of
each supervisor is three years and until a successor is
appointed, except that the supervisors first appointed serve
for one and two years respectively from the date of their
appointments, as designated in their appointments.
(2) Except as provided in subsection (3) of this section, if
the proposed district is located entirely within a single jurisdiction, then the board of supervisors consists of: (a) Three
members of the legislative authority of the jurisdiction; and
(b) two members appointed from among the list of eligible
supervisors included in the petition as provided in RCW
36.145.020(1)(h). All members of the board of supervisors
must be natural persons.
(3) If all or a portion of the proposed district is located
within unincorporated land that is entirely surrounded by an
incorporated city or town, then the board of supervisors consists of: (a) Two members appointed from the county legislative authority; (b) two members appointed from the legislative authority of the city or town that is the additional legislative authority under RCW 36.145.010(4); and (c) one
member appointed from the list of eligible petitioners
included in the petition as provided in RCW
36.145.020(1)(h), depending on the number of additional
members that are required to result in an overall odd number
of supervisors.
(4) If the county, city, or town is the exclusive legislative
authority pursuant to RCW 36.145.010, then the board of
supervisors consists of: (a) Three members appointed from
such county, city, or town; and (b) two members from the list
of eligible petitioners or nominees included in the petition, as
provided in RCW 36.145.020(1)(h), to result in an overall
odd number of supervisors.
(5) The legislative authorities may appoint qualified professionals with expertise in municipal finance in lieu of one
or more appointments authorized in this section. A jurisdiction’s appointments to the board of supervisors may consist
of a combination of qualified professionals authorized under
this section and one or more members from the applicable
36.145.080
[Title 36 RCW—page 351]
36.145.090
Title 36 RCW: Counties
legislative authority. Nothing contained in this section authorizes a legislative authority to exceed the maximum number
of appointments set forth under subsection (2) or (3) of this
section.
(6) A vacancy on the board must be filled by the legislative authority authorized to make the appointment to the
applicable supervisor position under this section. Vacancies
must be filled by a person in the same position vacating the
board, which for initial petitioner members or nominees
includes successor owners of property located within the
boundaries of an approved district. If the approved district
was originally located entirely on unincorporated land and
the unincorporated land has been annexed into a city or town,
then, as of the effective date of annexation, the city or town is
deemed the exclusive legislative authority for the purposes of
this chapter and the composition of the board must be structured accordingly, as provided in this section. Supervisors
must serve without compensation, but they are entitled to
expenses, including traveling expenses, necessarily incurred
in discharge of their duties. The board must designate a chair
from time to time. [2010 c 7 § 301.]
36.145.090
36.145.090 Powers. (1) A community facilities district
created in accordance with this chapter is an independently
governed, special purpose district, vested with the corporate
authority included under Article VII, section 9 of the state
Constitution to make local improvements by special assessment in accordance with this chapter. Nothing in this chapter
exempts the public improvements and facilities provided by a
district from the regulatory and land use permitting requirements of the county, city, or town in which the improvements
are to be located.
(2) Subject to the terms and conditions of an approved
petition, a community facilities district has the powers necessary to carry out the specific purposes authorized under this
chapter in order to carry out the specific objectives, plan, and
facilities identified in the approved petition including, but not
limited to, the authority to:
(a) Acquire, purchase, hold, lease, finance, manage,
occupy, construct, and sell real and personal property, facilities, or any interest therein, either inside or outside of the
boundaries of the district, except that any such property,
facilities, or interests outside the boundaries of the district
must directly serve facilities or benefit properties within the
district;
(b) Finance and construct facilities authorized under this
chapter;
(c) Enter into and perform any and all contracts;
(d) Levy and enforce the collection of special assessments against the property included within a district;
(e) Enter into lease-purchase agreements with or without
an option to purchase;
(f) Enter into executory conditional sales contracts,
leases, and installment promissory notes;
(g) Borrow money to the extent and in the manner authorized by this chapter;
(h) Hold in trust property useful to accomplishment of
the authority granted under this chapter;
[Title 36 RCW—page 352]
(i) Issue revenue bonds in accordance with chapter 39.46
RCW and assessment bonds in accordance with chapter
35.45 RCW, and the requirements of this chapter, payable
from revenue or assessments, respectively, of the district that
is legally available to be pledged to secure the bonds;
(j) Contract with any municipal corporation, governmental, or private agencies to carry out the purposes authorized
by this chapter;
(k) Sue and be sued;
(l) Accept and receive on behalf of the district any
money or property donated, devised, or bequeathed to the
district and carry out the terms of the donation, devise, or
bequest, if it is within the powers granted by law to community facilities districts or, in the absence of such terms,
expend or use the money or property for district purposes as
determined by the board of supervisors;
(m) Transfer to any county, city, or other municipal corporation, without compensation, any property or other assets
of the district; and
(n) Do any and all lawful acts required and expedient to
carry out the express authority provided in this chapter.
[2010 c 7 § 401.]
36.145.100
36.145.100 Financing district costs, expenses, and
facilities—Prohibitions. (1) Through the use of district revenue derived through special assessments and bonds authorized under this chapter and, consistent with the terms and
conditions of a petition approved in accordance with this
chapter, a community facilities district may finance all or a
portion of the following costs, expenses, and facilities
whether located inside or outside the boundaries of an
approved district:
(a) The cost, or any portion thereof, of the purchase,
finance, lease, sublease, construction, expansion, improvement, or rehabilitation of any facility with an estimated life of
five years or longer;
(b) The planning and design work that is directly related
to the purchase, construction, expansion, improvement, or
rehabilitation of a facility, including engineering, architectural, planning, and inspection costs;
(c) Facilities listed in RCW 35.43.040 to the extent not
specified in this section;
(d) Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use, and discharge;
(e) Drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use, and discharge;
(f) Water systems for domestic, industrial, irrigation,
municipal, or community facilities purposes, including production, collection, storage, treatment, transport, delivery,
connection, and dispersal;
(g) Highways, streets, roadways, and parking facilities,
including all areas for vehicular use for travel, ingress,
egress, and parking;
(h) Areas for pedestrian, equestrian, bicycle, or other
nonmotor vehicle use for travel, ingress, egress, and parking;
(2010 Ed.)
Community Facilities Districts
(i) Pedestrian malls, parks, recreational facilities, and
open-space facilities for the use of members of the public for
entertainment, assembly, and recreation;
(j) Landscaping, including earthworks, structures, lakes,
and other water features, plants, trees, and related water
delivery systems;
(k) Public buildings, public safety facilities, and community facilities;
(l) Publicly owned natural gas transmission and distribution facilities, facilities for the transmission or distribution of
electrical energy, and limited communications facilities, specifically poles, trenches, and conduits, for use of any communications provider;
(m) Street lighting;
(n) Traffic control systems and devices, including signals, controls, markings, and signage;
(o) Systems of surface, underground, or overhead railways, tramways, buses, or any other means of mass transportation facilities, including passenger, terminal, station parking, and related facilities and areas for passenger and vehicular use for travel, ingress, egress, and parking;
(p) Library, educational, and cultural facilities; and
(q) Facilities similar to those listed in this section.
(2) The district may not finance public or private residential dwellings, nonprofit facilities as defined in RCW
43.180.300, health care facilities as defined in RCW
70.37.020, higher education institutions as defined in RCW
28B.07.020, or economic development activities as defined
in RCW 43.163.010. [2010 c 7 § 501.]
36.145.110 Special assessments—Procedures and
requirements—Notice. (1) The board of supervisors of a
community facilities district may impose special assessments
on property located inside the district and benefited by the
facilities and improvements provided, or to be provided, by a
district, whether the facilities and improvements are located
inside or outside of the boundaries of the proposed district.
The requirements and powers of a district relating to the formation, assessment, collection, foreclosure, and other powers
of a special assessment district are as set forth in chapters
35.43, 35.44, 35.49, and 35.50 RCW, except where otherwise
addressed under this chapter. In any case where the provisions of this chapter conflict with the requirements under any
other chapter that applies to the formation, assessment, collection, foreclosure, or other powers of a special assessment
district, the provisions of this chapter control.
(2) Except as otherwise expressly provided under this
chapter, the special assessments imposed and collected on
property within a district may not exceed the amount set forth
in a petition or amended petition approved in accordance
with this chapter.
(3) The term of the special assessment is limited to the
lesser of (a) twenty-eight years or (b) two years less than the
term of any bonds issued by or on behalf of the district to
which the assessments or other revenue of the district is specifically dedicated, pledged, or obligated.
(4) The computation of special assessments must follow
the requirements of chapter 35.44 RCW, including the
authority to use any method or combination of methods to
compute assessments which may be deemed by the board of
supervisors to fairly reflect the benefit to the properties being
36.145.110
(2010 Ed.)
36.145.110
assessed. The method of assessment may utilize the supplemental authority granted under chapter 35.51 RCW. A petition meeting the requirements of RCW 36.145.020 may provide for the reduction or waiver of special assessments for
low-income households as that term is defined in RCW
36.130.010.
(5) The board must set a date, time, and place for hearing
any objections to the assessment roll, which hearing must
occur no later than one hundred twenty days from final
approval of formation of the district. Petitioners or representatives thereof serving on the board of supervisors must not
participate in the determination of the special assessment roll
or vote on the confirmation of that assessment roll. The
restriction in this subsection does not apply to members of the
board of supervisors appointed from among the qualified professionals that petitioners may nominate under RCW
36.145.020(1)(h).
(6) The procedures and requirements for assessments,
hearings on the assessment roll, filing of objections to the
assessment roll, and appeals from the decision of the board
approving or rejecting the assessment roll, must be as set
forth in RCW 35.44.010 through 35.44.020, 35.44.080
through 35.44.110, and 35.44.190 through 35.44.270.
(7) At the hearing on the assessment roll and, in no event
later than thirty days after the day of the hearing, the board
may adopt a resolution approving the assessment roll or may
correct, revise, raise, lower, change, or modify the assessment roll or any part thereof, and provide the petitioner with
a detailed explanation of the changes made by the board.
(8) If the assessment roll is revised by the board in any
way, then, within thirty days of the board’s decision, the petitioner(s) must unanimously make one of the following elections: (a) Rescind the petition; or (b) accept the changes
made by the board, upon which occurrence the board must
adopt a resolution approving the assessment roll as modified
by the board.
(9) Reassessments, assessments on omitted property, and
supplemental assessments are governed by the provisions set
forth under chapter 35.44 RCW.
(10) Any assessment approved under the provisions of
this chapter may be segregated upon a petition of one hundred percent of the owners of the property subject to the
assessment to be segregated. The segregation must be made
as nearly as possible on the same basis as the original assessment was levied and approved by the board. The board, in
approving a petition for segregation and amendment of the
assessment roll, must do so in a fashion such that the total of
the segregated parts of the assessment equal the assessment
before segregation. As to any property originally entered
upon the roll the assessment upon which has not been raised,
no objections to the approval of the petition for segregation,
the resulting assessment, or the amended assessment roll may
be considered by the jurisdiction in which the district is
located, the board, or by any court on appeal. Assessments
must be collected in districts pursuant to the district’s previous assessment roll until the amendment to the assessment
roll is finalized under this section.
[Title 36 RCW—page 353]
36.145.120
Title 36 RCW: Counties
(11) Except as provided under chapter 35.44 RCW,
assessments may not be increased without the approval of
one hundred percent of the property owners subject to the
proposed increase.
(12) Special assessments must be collected by the district
treasurer determined in accordance with RCW 36.145.140.
(13) A notice of any special assessment imposed under
this chapter must be provided to the owner of the assessed
property, not less than once per year, with the following
appearing at the top of the page in at least fourteen point, bold
font:
****NOTICE****
THIS PROPERTY IS SUBJECT TO THE ASSESSMENTS ITEMIZED BELOW AND APPROVED BY
COMMUNITY FACILITIES DISTRICT # . . . . .. AS
THE OWNER OR POTENTIAL BUYER OF THIS
PROPERTY, YOU ARE, OR WOULD BE, RESPONSIBLE FOR PAYMENT OF THE AMOUNTS ITEMIZED
BELOW.
PLEASE REFER TO RCW 36.145.110 OR CONTACT
YOUR COUNTY AUDITOR FOR ADDITIONAL
INFORMATION.
(14) The district treasurer responsible for collecting special assessments may account for the costs of handling the
assessments and may collect a fee not to exceed the measurable costs incurred by the treasurer. [2010 c 7 § 502.]
36.145.120
36.145.120 Payment of bonds—Related costs. (1)
The district may utilize the special assessments and revenue
derived in accordance with this chapter for the payment of
principal and interest on bonds issued pursuant to the authority granted under this chapter to fund or reimburse the costs
of facilities authorized under this chapter and prior to the
issuance of bonds, may utilize the revenue to directly fund
the costs of providing the facilities authorized under this
chapter on a pay-as-you-go basis.
(2) The board of supervisors may establish, administer,
and pay or otherwise dedicate, pledge, or obligate the assessments and revenue generated in accordance with this chapter
into a specific fund created by or on behalf of the district, in
order to guarantee payment of obligations incurred in connection with facilities provided under this chapter, including
the payment of principal and interest on any bonds issued by
or on behalf of the district.
(3) The proceeds of any bond issued pursuant to this
chapter may be used to pay any and all costs related to providing the facilities authorized under this chapter, including
expenses incurred in connection with issuance of the bonds.
(4) The reporting requirements of RCW 39.44.210 apply
to any bond issuance under this chapter. [2010 c 7 § 503.]
36.145.130
36.145.130 Bonds sole obligation of district. No
bonds issued by or on behalf of a community facilities district
are obligations of any city, town, county, or the state of
Washington or any political subdivision thereof other than
the district and the bonds must so state. [2010 c 7 § 504.]
[Title 36 RCW—page 354]
36.145.140 District treasurer—How appointed,
duties and powers. (1) If a district includes land that is
entirely within a county and the land is not surrounded
entirely by a city or town, then the treasurer of that county is
the treasurer of the district. If a district includes land that is
entirely within a county and the land is entirely surrounded
by a city or town, or, if parts of the district include land within
or surrounded by more than one jurisdiction, then the board
of supervisors may, with the concurrence of the treasurers of
all jurisdictions within which the district lies, appoint the
treasurer of any of those jurisdictions to serve as the district
treasurer. Except as specifically provided under this chapter,
the duties of a district treasurer are as provided under applicable law.
(2) The district treasurer must establish a community
facilities district fund, into which must be paid all district revenues. The district treasurer must also maintain any special
funds created by the board of supervisors of the community
facilities district, into which the district treasurer must place
all money as the board of supervisors may, by resolution,
direct. The treasurer may create such subfunds, accounts,
and subaccounts as he or she deems necessary, consistent
with applicable law.
(3) The district treasurer must pay assessment bonds and
revenue bonds and the accrued interest thereon in accordance
with their terms from the appropriate fund when interest or
principal payments become due.
(4) All interest collected on community facilities district
funds belongs to the district and must be deposited to its
credit in the proper district funds. [2010 c 7 § 505.]
36.145.140
36.145.150 Individual assessments on district property—Liens. All assessments imposed on the respective
lots, tracts, parcels of land, and other property included
within the boundaries of an approved district in accordance
with this chapter are a lien upon the property from the date of
final approval and are paramount and superior to any other
lien or encumbrance whatsoever, theretofore or thereafter
created, except a lien for general taxes. [2010 c 7 § 601.]
36.145.150
Chapter 36.900
Chapter 36.900 RCW
CONSTRUCTION
Sections
36.900.010
36.900.020
36.900.030
36.900.040
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
36.900.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1963 c 4 §
36.98.010. Formerly RCW 36.98.010.]
36.900.010
36.900.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any
part of the law. [1963 c 4 § 36.98.020. Formerly RCW
36.98.020.]
36.900.020
(2010 Ed.)
Construction
36.900.040
36.900.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1963 c 4 § 36.98.030. Formerly RCW 36.98.030.]
36.900.030
Additional notes found at www.leg.wa.gov
36.900.040 Repeals and saving.
36.98.040.
36.900.040
(2010 Ed.)
See 1963 c 4 §
[Title 36 RCW—page 355]
Title 37
FEDERAL AREAS—INDIANS
Title 37
Chapters
37.04 General cession of jurisdiction.
37.08 Jurisdiction in special cases.
37.12 Indians and Indian lands—Jurisdiction.
37.14 Indian cultural facility bond issue.
37.16 Acquisition of lands for permanent military
installations.
Daylight saving time—Prohibition not applicable to federal areas: RCW
1.20.050.
Excise taxes—Extension of excises to federal areas: Chapter 82.52 RCW.
Federal employees classified as resident students: RCW 28B.15.014.
Federal forest reserve funds, distribution of: RCW 28A.520.010,
28A.520.020.
San Juan Island national historical park, donation of state lands: Chapter
94, Laws of 1967 (uncodified).
School districts—Agreements with other governmental entities for transportation of students or the public, or for other noncommon school purposes—Limitations: RCW 28A.160.120.
Chapter 37.04 RCW
GENERAL CESSION OF JURISDICTION
Chapter 37.04
Sections
37.04.010
37.04.020
37.04.030
37.04.040
37.04.050
Consent given to acquisition of land by United States.
Concurrent jurisdiction ceded—Reverter.
Reserved jurisdiction of state.
Previous cessions of jurisdiction saved.
Concurrent jurisdiction—Governor authorized to accept—
Procedures.
Authority of federal government over federal areas: State Constitution Art.
25.
Taxation of federal agencies and instrumentalities: State Constitution Art. 7
§ 3 (Amendment 19).
37.04.010 Consent given to acquisition of land by
United States. The consent of this state is hereby given to
the acquisition by the United States, or under its authority, by
purchase, lease, condemnation, or otherwise, of any land
acquired, or to be acquired, in this state by the United States,
from any individual, body politic or corporate, as sites for
forts, magazines, arsenals, dockyards, and other needful
buildings or for any other purpose whatsoever. The evidence
of title to such land shall be recorded as in other cases. [1939
c 126 § 1; RRS § 8108-1.]
37.04.010
37.04.020 Concurrent jurisdiction ceded—Reverter.
Concurrent jurisdiction with this state in and over any land so
acquired by the United States shall be, and the same is
hereby, ceded to the United States for all purposes for which
the land was acquired; but the jurisdiction so ceded shall continue no longer than the United States shall be the owner of
such lands, and if the purposes of any grant to or acquisition
by the United States shall cease, or the United States shall for
five consecutive years fail to use any such land for the purposes of the grant or acquisition, the jurisdiction hereby
37.04.020
(2010 Ed.)
ceded over the same shall cease and determine, and the right
and title thereto shall revest in this state. The jurisdiction
ceded shall not vest until the United States shall acquire title
of record to such land. [1939 c 126 § 2; RRS § 8108-2.]
37.04.030 Reserved jurisdiction of state. The state of
Washington hereby expressly reserves such jurisdiction and
authority over land acquired or to be acquired by the United
States as aforesaid as is not inconsistent with the jurisdiction
ceded to the United States by virtue of such acquisition.
[1939 c 126 § 3; RRS § 8108-3.]
37.04.030
37.04.040 Previous cessions of jurisdiction saved.
Sections 8108 and 8109, Remington’s Revised Statutes
[1891 pp 31, 32 §§ 1, 2], and all other acts and parts of acts
inconsistent with the provisions of this chapter are hereby
repealed: PROVIDED, That jurisdiction heretofore ceded to
the United States over any land within this state by any previous act of the legislature shall continue according to the terms
of the respective cessions: PROVIDED FURTHER, That if
jurisdiction so ceded by any previous act of the legislature
has not been affirmatively accepted by the United States, or if
the United States has failed or ceased to use any such land for
the purposes for which acquired, jurisdiction thereover shall
be governed by the provisions of this chapter. [1939 c 126 §
4; RRS § 8108-4.]
37.04.040
37.04.050 Concurrent jurisdiction—Governor
authorized to accept—Procedures. (1) Upon the filing of a
legally adequate notice with the governor by the secretary or
administrator of any agency of the United States of America
owning or having exclusive jurisdiction over certain property, the governor is authorized and directed to accept such
jurisdiction as is necessary to establish concurrent jurisdiction between the United States and the state of Washington
over the property as described in such notice and to the extent
and periods of time authorized in such notice. The acquisition
of such concurrent jurisdiction shall become effective upon
filing the documents signifying such acceptance in the office
of the secretary of state of the state of Washington.
(2) The authorization contained in subsection (1) of this
section shall not be exclusive, shall not affect any existing
jurisdiction or concurrent jurisdiction by the state over federal property, and shall be in addition to any other method or
methods of assuming jurisdiction or concurrent jurisdiction
over federal property. [1979 ex.s. c 49 § 1.]
37.04.050
Chapter 37.08
Chapter 37.08 RCW
JURISDICTION IN SPECIAL CASES
Sections
37.08.180
37.08.200
Jurisdiction ceded.
Rainier National Park.
[Title 37 RCW—page 1]
37.08.180
37.08.210
37.08.220
37.08.230
37.08.240
37.08.250
37.08.260
37.08.270
37.08.280
Title 37 RCW: Federal Areas—Indians
Olympic National Park.
National forests, establishment, consolidation, extension of.
Migratory bird preserves.
Lake Washington ship canal.
Additional right-of-way.
Auburn general depot.
Cession of jurisdiction.
Veterans hospitals.
37.08.180 Jurisdiction ceded. Jurisdiction ceded
when acquisition of land for permanent military installations,
see RCW 37.16.180.
37.08.180
37.08.200 Rainier National Park. Exclusive jurisdiction shall be, and the same is hereby ceded to the United
States over and within all the territory that is now or may
hereafter be included in that tract of land in the state of Washington, set aside for the purposes of a national park, and
known as the Rainier National Park; saving, however, to the
said state, the right to serve civil or criminal process within
the limits of the aforesaid park, in suits or prosecutions for or
on account of rights acquired, obligations incurred or crimes
committed in said state, but outside of said park; and saving
further to the said state the right to tax persons and corporations, their franchises and property on the lands included in
said park: PROVIDED, HOWEVER, This jurisdiction shall
not vest until the United States through the proper officer,
notifies the governor of this state that they assume police or
military jurisdiction over said park. [1901 c 92 § 1; RRS §
8110.]
37.08.200
37.08.210 Olympic National Park. Exclusive jurisdiction shall be, and the same is hereby ceded to the United
States over and within all the territory that is now or hereafter
included in that tract of land in the state of Washington, set
aside for the purposes of a national park, and known as the
Olympic National Park; saving, however, to the said state, the
right to serve civil and criminal process within the limits of
the aforesaid park, in suits or prosecutions for or on account
of rights acquired, obligations incurred or crimes committed
in said state, but outside of said park; and saving further to the
said state the right to tax persons and corporations, their franchises and property on the lands included in said park: PROVIDED, HOWEVER, This jurisdiction shall not vest until
the United States, through the proper officer, notifies the governor of this state that they assume police or military jurisdiction over said park: AND PROVIDED FURTHER, That full
jurisdiction over a strip of land two hundred fifty feet wide,
being one hundred twenty-five feet wide on each side of the
now existing center line of primary state highway No. 9
together with existing pit sites and stockpile sites within said
park shall be retained by the state of Washington. [1945 c
114 § 1; 1941 c 51 § 1; 1939 c 170 § 1; Rem. Supp. 1945 §
8110-1.]
37.08.210
37.08.220 National forests, establishment, consolidation, extension of. The legislature of the state of Washington
hereby consents to the acquisition by the United States by
purchase or gift of such lands in the state of Washington as in
the opinion of the government of the United States may be
needed for the establishment, consolidation and extension of
national forests in this state under the provisions of the act of
37.08.220
[Title 37 RCW—page 2]
congress approved March 1, 1911, and entitled: "An act to
enable any state to cooperate with any other state or states or
with the United States for the protection of the watersheds of
navigable streams and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability
of navigable rivers," as amended: PROVIDED, The state of
Washington shall retain a concurrent jurisdiction with the
United States in and over lands so acquired so far that civil
processes in all cases, and such criminal processes as may
issue under the authority of the state of Washington against
any person charged with the commission of any crime without or within said jurisdiction, may be executed thereon in
like manner as if this consent had not been granted: PROVIDED FURTHER, That before any acquirement of lands be
made under the provisions of this section, such acquisition
shall be approved by the department of natural resources:
AND FURTHER PROVIDED, That the state of Washington
shall retain concurrent jurisdiction to tax persons and corporations and their property and transaction on such lands so
acquired. [1988 c 128 § 8; 1935 c 58 § 1; RRS § 9663-23.]
County may convey forest lands to United States: RCW 36.34.210.
37.08.230
37.08.230 Migratory bird preserves. Consent of the
state of Washington is given to the acquisition by the United
States by purchase, gift, devise, or lease of such areas of land
or water, or of land and water, in the state of Washington, as
the United States may deem necessary for the establishment
of migratory-bird reservations in accordance with the act of
congress approved February 18, 1929, entitled "An Act to
more effectively meet the obligations of the United States
under the migratory bird treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of
water to furnish in perpetuity reservations for the adequate
protection of such birds; and authorizing appropriations for
the establishment of such areas, their maintenance and
improvement and for other purposes," reserving, however, to
the state of Washington full and complete jurisdiction and
authority over all such areas not incompatible with the
administration, maintenance, protection, and control thereof
by the United States under the terms of said act of congress.
[1933 c 159 § 1; no RRS.]
37.08.240
37.08.240 Lake Washington ship canal. That in aid of
the construction, maintenance and operation of a ship canal,
by the United States of America, to connect the waters of
Lakes Union and Washington, in King county, with Puget
Sound, together with all necessary and convenient locks,
landways, spillways, buildings, power plant and other proper
appurtenances, there be and hereby is granted by this state to
said United States the right to place, construct, maintain, and
operate, such ship canal, landways, spillways, buildings,
power plant and other proper appurtenances, upon, along,
through and over any and all lands belonging to and waters of
this state in said King county, within such limits as shall be
defined by the plans and specifications for such improvement
as the same shall be approved by the United States secretary
of war, and the right to raise the waters of Salmon Bay and
the right to lower the waters of Lake Washington, in prosecution of such improvement, and this state hereby releases the
(2010 Ed.)
Jurisdiction in Special Cases
United States from all liability to damages to this state, its
successors or assigns, that shall or might arise from such lowering or raising of waters, or otherwise from such improvement. But nothing in this section contained shall operate as an
assumption of nor create any liability on the part of the state,
for any damages which may result to any person, company or
corporation. [1901 c 6 § 1; RRS § 8120.]
37.08.250
37.08.250 Additional right-of-way. That a
right-of-way of not exceeding five hundred feet in width is
hereby granted to the United States of America through any
lands or shorelands belonging to the state of Washington, or
to the University of Washington, and lying in King county
between Lakes Union and Washington, or in or adjoining
either of them, the southern boundary of such right-of-way on
the upland to be coincident with the southern boundary of the
lands now occupied by the University of Washington adjacent to the present right-of-way of said canal; the width and
definite location of such right-of-way before the same is
taken possession of by said United States shall be plainly and
completely platted and a plat thereof approved by the secretary of war of the United States filed with the department of
natural resources: PROVIDED, That nothing in this section
contained shall be construed to repeal or impair any right,
interest, privilege or grant expressed or intended in the act of
the legislature of the state of Washington approved February
8, 1901, entitled, "An Act relative to and in aid of the construction, maintenance and operation by the United States of
America of a ship canal with proper locks and appurtenances
to connect the waters of Lakes Union and Washington in
King county with Puget Sound and declaring an emergency."
[1988 c 128 § 9; 1907 c 216 § 1; RRS § 8121.]
37.08.260
37.08.260 Auburn general depot. Concurrent jurisdiction shall be, and the same is hereby ceded to the United
States over and within all the land comprising the Auburn
General Depot area, being 570.08 acres, more or less, situate
in King county, state of Washington; saving, however, to the
state the right to serve civil and criminal process within the
limits of the aforesaid area in suits or prosecutions for or on
account of rights acquired, obligations incurred or crimes
committed in said state, but outside of said area. The metes
and bounds description of the land over which jurisdiction is
ceded hereby is as follows:
A parcel of land in sections 24 and 25, Township 21
North, Range 4 East, Willamette Meridian, King County, as
follows: Beginning at a point on the west line of the Northern
Pacific Railway right-of-way which point is S 89°16’55" W,
423.65 feet and N 2°12’33" W, 20 feet from the southeast
corner of section 25, thence S 89°16’55" W, 1548.93 feet
along the north right-of-way line of Ellingson Road to a
point, thence N 0°10’45" E, 1298.11 feet to a point, thence S
89°31’28" W, 638.25 feet to the east right-of-way line of
Greenhalgh Road, thence N 0°08’47" E, 1351.31 feet along
said east right-of-way line to its intersection with the north
right-of-way line of Algona Road, thence S 89°46’07" W,
1724.35 feet along said north right-of-way line to a point on
the easterly right-of-way line of the Chicago, Milwaukee, St.
Paul and Pacific Railroad, thence N 0°04’38" W, 1223.74
feet along said right-of-way to a point of spiral curve, thence
(2010 Ed.)
37.08.280
along a spiral curve whose central angle is 1°36’14" and
whose long chord bears N 0°27’20" E, 158.51 feet, thence
along a circular curve to the right, whose radius bears S
88°28’24" E, 2822.01 feet, through a central angle of
21°16’24" for a distance of 1047.78 feet to a point of spiral,
thence along a spiral curve whose central angle is 1°36’14",
and whose long chord bears N 23°51’42" E, 158.51 feet,
thence N 24°24’15" E, 3088.12 feet to a point of spiral curve,
thence along a spiral whose central angle is 1°35’51", and
whose long chord bears N 23°51’55" E, 161.51 feet to point
of circular curve, thence along a circular curve, to the left,
whose radius bears N 67°11’36" W, 2908.01 feet, through a
central angle of 20°58’46" for a distance of 1064.80 feet,
thence along a spiral curve to the left, whose central angle is
1°35’51", and whose long chord bears N 0°45’10" E, 161.51
feet, thence N 0°13’47" E, 1148.81 feet to the centerline of
the Chicago, Milwaukee, St. Paul and Pacific Railroad and
Northern Pacific crossover track being a point in a curve,
thence along centerline of said crossover track on a curve to
the left in a southeasterly direction, from a radius which bears
N 63°36’26" E, 351.28 feet, through a central angle of
26°50’13" for a distance of 164.54 feet, thence S 53°13’47"
E, 1840.78 feet along said centerline, thence along a curve to
the right in a southeasterly direction, from a radius which
bears S 36°46’13" W, 386.60 feet, through a central angle of
10°26’06" for a distance of 70.41 feet to the intersection of
the westerly right-of-way line of county road No. 76, thence
*S 2°12’33" E, 6596.21 feet along the westerly right-of-way
line of county road No. 76 to the East-West centerline of said
section 25, thence N 89°46’02" E, 60.04 feet to the westerly
right-of-way line of the Northern Pacific Railway Company,
thence S 2°12’33" E, 2605.01 feet to point of beginning. The
jurisdiction ceded hereby does not extend to any existing
perimeter railroad or county road right-of-way. [1951 c 40 §
1.]
*Reviser’s note: In the third from the last course, the "2" in the description "S 2°12’33" E" was by typographical error omitted from the session
laws. The digit is inserted by the reviser after verification from original
sources.
37.08.270 Cession of jurisdiction. Cession of jurisdiction, lease or conveyances to United States for flood control, navigation and allied purposes, see RCW 36.34.22036.34.240.
37.08.270
37.08.280 Veterans hospitals. Upon the filing of an
appropriate notice thereof with the governor by the administrator of veterans affairs, an agency of the United States of
America, pursuant to the provisions of section 302 of Public
Law 93-82 (87 Stat. 195; 38 U.S.C. Sec. 5007), the governor
is hereby authorized and directed to accept such legislative
jurisdiction as is necessary to establish concurrent jurisdiction between the United States and the state of Washington to
all land comprising the veterans hospital located at Vancouver in Clark county, Washington; the veterans administration
hospital located at Walla Walla in Walla Walla county,
Washington, and the veterans administration hospital located
at American Lake in Pierce county, Washington. The acquisition of such concurrent jurisdiction shall become effective
upon filing the documents signifying such acceptance in the
office of the secretary of state. [1975 1st ex.s. c 142 § 1.]
37.08.280
[Title 37 RCW—page 3]
Chapter 37.12
Title 37 RCW: Federal Areas—Indians
Chapter 37.12 RCW
INDIANS AND INDIAN LANDS—JURISDICTION
Chapter 37.12
Sections
37.12.010
37.12.021
37.12.030
37.12.040
37.12.050
37.12.060
37.12.070
37.12.100
37.12.110
37.12.120
37.12.130
37.12.140
37.12.150
Assumption of criminal and civil jurisdiction by state.
Assumption of criminal and civil jurisdiction by state—Resolution of request—Proclamation by governor, 1963 act.
Effective date for assumption of jurisdiction—Criminal
causes.
Effective date for assumption of jurisdiction—Civil causes.
State’s jurisdiction limited by federal law.
Chapter limited in application.
Tribal ordinances, customs, not inconsistent with law applicable in civil causes.
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, and Colville Indian reservations—Retrocession of
criminal jurisdiction—Intent.
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, and Colville Indian reservations—Retrocession of
criminal jurisdiction—Definitions.
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, and Colville Indian reservations—Retrocession of
criminal jurisdiction—Proclamation by governor.
Quileute, Chehalis, Swinomish, and Colville Indian reservations—Retrocession of criminal jurisdiction—Savings.
Quileute, Chehalis, Swinomish, and Colville Indian reservations—Retrocession of criminal jurisdiction—Short title.
Retrocession of federal jurisdiction over lands excluded from
Olympic National Park.
Alienation of land by Indians: Chapter 64.20 RCW.
Annexation of federal areas by first-class city: RCW 35.13.185.
Compact with the United States: State Constitution Art. 26 § 2.
Daylight saving time—Prohibition not applicable to federal areas: RCW
1.20.050.
37.12.021 Assumption of criminal and civil jurisdiction by state—Resolution of request—Proclamation by
governor, 1963 act. Whenever the governor of this state
shall receive from the majority of any tribe or the tribal council or other governing body, duly recognized by the Bureau of
Indian Affairs, of any Indian tribe, community, band or group
in this state a resolution expressing its desire that its people
and lands be subject to the criminal or civil jurisdiction of the
state of Washington to the full extent authorized by federal
law, he shall issue within sixty days a proclamation to the
effect that such jurisdiction shall apply to all Indians and all
Indian territory, reservations, country, and lands of the Indian
body involved to the same extent that this state exercises civil
and criminal jurisdiction or both elsewhere within the state:
PROVIDED, That jurisdiction assumed pursuant to this section shall nevertheless be subject to the limitations set forth in
RCW 37.12.060. [1963 c 36 § 5.]
37.12.021
37.12.030 Effective date for assumption of jurisdiction—Criminal causes. Upon March 13, 1963 the state of
Washington shall assume jurisdiction over offenses as set
forth in RCW 37.12.010 committed by or against Indians in
the lands prescribed in RCW 37.12.010 to the same extent
that this state has jurisdiction over offenses committed elsewhere within this state, and such criminal laws of this state
shall have the same force and effect within such lands as they
have elsewhere within this state. [1963 c 36 § 2; 1957 c 240
§ 3.]
37.12.030
Qualifications of voters: State Constitution Art. 6 § 1 (Amendment 63).
37.12.040 Effective date for assumption of jurisdiction—Civil causes. Upon March 13, 1963 the state of Washington shall assume jurisdiction over civil causes of action as
set forth in RCW 37.12.010 between Indians or to which
Indians are parties which arise in the lands prescribed in
RCW 37.12.010 to the same extent that this state has jurisdiction over other civil causes of action and, except as otherwise
provided in this chapter, those civil laws of this state that are
of general application to private persons or private property
shall have the same force and effect within such lands as they
have elsewhere within this state. [1963 c 36 § 3; 1957 c 240
§ 4.]
37.12.040
37.12.010 Assumption of criminal and civil jurisdiction by state. The state of Washington hereby obligates and
binds itself to assume criminal and civil jurisdiction over
Indians and Indian territory, reservations, country, and lands
within this state in accordance with the consent of the United
States given by the act of August 15, 1953 (Public Law 280,
83rd Congress, 1st Session), but such assumption of jurisdiction shall not apply to Indians when on their tribal lands or
allotted lands within an established Indian reservation and
held in trust by the United States or subject to a restriction
against alienation imposed by the United States, unless the
provisions of RCW 37.12.021 have been invoked, except for
the following:
(1) Compulsory school attendance;
(2) Public assistance;
(3) Domestic relations;
(4) Mental illness;
(5) Juvenile delinquency;
(6) Adoption proceedings;
(7) Dependent children; and
(8) Operation of motor vehicles upon the public streets,
alleys, roads and highways: PROVIDED FURTHER, That
Indian tribes that petitioned for, were granted and became
subject to state jurisdiction pursuant to this chapter on or
before March 13, 1963 shall remain subject to state civil and
criminal jurisdiction as if *chapter 36, Laws of 1963 had not
been enacted. [1963 c 36 § 1; 1957 c 240 § 1.]
37.12.010
*Reviser’s note: Chapter 36, Laws of 1963, which became effective on
March 13, 1963, amended RCW 37.12.010, 37.12.030, 37.12.040, and
37.12.060, repealed RCW 37.12.020, and enacted a new section codified
herein as RCW 37.12.021.
[Title 37 RCW—page 4]
37.12.050 State’s jurisdiction limited by federal law.
The jurisdiction assumed pursuant to this chapter shall be
subject to the limitations and provisions of the federal act of
August 15, 1953 (Public Law 280, 83rd Congress, 1st Session). [1957 c 240 § 5.]
37.12.050
37.12.060 Chapter limited in application. Nothing in
this chapter shall authorize the alienation, encumbrance, or
taxation of any real or personal property, including water
rights and tidelands, belonging to any Indian or any Indian
tribe, band, or community that is held in trust by the United
States or is subject to a restriction against alienation imposed
by the United States; or shall authorize regulation of the use
of such property in a manner inconsistent with any federal
treaty, agreement, or statute or with any regulation made pursuant thereto; or shall confer jurisdiction upon the state to
adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest
37.12.060
(2010 Ed.)
Indians and Indian Lands—Jurisdiction
therein; or shall deprive any Indian or any Indian tribe, band,
or community of any right, privilege, or immunity afforded
under federal treaty, agreement, statute, or executive order
with respect to Indian land grants, hunting, trapping, or fishing or the control, licensing, or regulation thereof. [1963 c 36
§ 4; 1957 c 240 § 6.]
37.12.070 Tribal ordinances, customs, not inconsistent with law applicable in civil causes. Any tribal ordinance or custom heretofore or hereafter adopted by an Indian
tribe, band, or community in the exercise of any authority
which it may possess shall, if not inconsistent with any applicable civil law of the state, be given full force and effect in
the determination of civil causes of action pursuant to this
section. [1957 c 240 § 7.]
37.12.070
37.12.100 Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, and Colville Indian reservations—Retrocession of criminal jurisdiction—Intent. It is
the intent of the legislature to authorize a procedure for the
retrocession, to the Quileute Tribe, Chehalis Tribe, Swinomish Tribe, Skokomish Tribe, Muckleshoot Tribe, Tulalip
Tribes, and the Colville Confederated Tribes of Washington
and the United States, of criminal jurisdiction over Indians
for acts occurring on tribal lands or allotted lands within the
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, or Colville Indian reservation and held in trust by the
United States or subject to a restriction against alienation
imposed by the United States.
RCW 37.12.100 through 37.12.140 in no way expand the
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, or Colville tribe’s criminal or civil jurisdiction, if
any, over non-Indians or fee title property. RCW 37.12.100
through 37.12.140 shall have no effect whatsoever on water
rights, hunting and fishing rights, the established pattern of
civil jurisdiction existing on the lands of the Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, or
Colville Indian reservation, the established pattern of regulatory jurisdiction existing on the lands of the Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, or
Colville Indian reservation, taxation, or any other matter not
specifically included within the terms of RCW 37.12.100
through 37.12.140. [1995 c 202 § 1; 1995 c 177 § 1; 1994 c
12 § 1; 1988 c 108 § 1; 1986 c 267 § 2.]
37.12.100
Reviser’s note: This section was amended by 1995 c 177 § 1 and by
1995 c 202 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
37.12.110 Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, and Colville Indian reservations—Retrocession of criminal jurisdiction—Definitions. Unless the context clearly requires otherwise, the following definitions apply throughout RCW 37.12.100 through
37.12.140:
(1) "Colville reservation" or "Colville Indian reservation," "Quileute reservation" or "Quileute Indian reservation," "Chehalis reservation" or "Chehalis Indian reservation," "Swinomish reservation" or "Swinomish Indian reservation," "Skokomish reservation" or "Skokomish Indian
37.12.130
reservation," "Muckleshoot reservation" or "Muckleshoot
Indian reservation," or "Tulalip reservation" or "Tulalip
Indian reservation" means all tribal lands or allotted lands
lying within the reservation of the named tribe and held in
trust by the United States or subject to a restriction against
alienation imposed by the United States, but does not include
those lands which lie north of the present Colville Indian reservation which were included in original reservation boundaries created in 1872 and which are referred to as the "diminished reservation."
(2) "Indian tribe," "tribe," "Colville tribes," or "Quileute,
Chehalis, Swinomish, Skokomish, Muckleshoot, or Tulalip
tribe" means the confederated tribes of the Colville reservation or the tribe of the Quileute, Chehalis, Swinomish,
Skokomish, Muckleshoot, or Tulalip reservation.
(3) "Tribal court" means the trial and appellate courts of
the Colville tribes or the Quileute, Chehalis, Swinomish,
Skokomish, Muckleshoot, or Tulalip tribe. [1995 c 202 § 2;
1995 c 177 § 2; 1994 c 12 § 2; 1988 c 108 § 2; 1986 c 267 §
3.]
Reviser’s note: This section was amended by 1995 c 177 § 2 and by
1995 c 202 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
37.12.120 Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, and Colville Indian reservations—Retrocession of criminal jurisdiction—Proclamation by governor. Whenever the governor receives from the
confederated tribes of the Colville reservation or the Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, or
Tulalip tribe a resolution expressing their desire for the retrocession by the state of all or any measure of the criminal jurisdiction acquired by the state pursuant to RCW 37.12.021
over lands of that tribe’s reservation, the governor may,
within ninety days, issue a proclamation retroceding to the
United States the criminal jurisdiction previously acquired by
the state over such reservation. However, the state of Washington shall retain jurisdiction as provided in RCW
37.12.010. The proclamation of retrocession shall not
become effective until it is accepted by an officer of the
United States government in accordance with 25 U.S.C. Sec.
1323 (82 Stat. 78, 79) and in accordance with procedures
established by the United States for acceptance of such retrocession of jurisdiction. The Colville tribes and the Quileute,
Chehalis, Swinomish, Skokomish, Muckleshoot, and Tulalip
tribes shall not exercise criminal or civil jurisdiction over
non-Indians. [1995 c 202 § 3; 1995 c 177 § 3; 1994 c 12 § 3;
1988 c 108 § 3; 1986 c 267 § 4.]
37.12.120
37.12.110
(2010 Ed.)
Reviser’s note: This section was amended by 1995 c 177 § 3 and by
1995 c 202 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
37.12.130 Quileute, Chehalis, Swinomish, and
Colville Indian reservations—Retrocession of criminal
jurisdiction—Savings. An action or proceeding which has
been filed with any court or agency of the state or local government preceding the effective date of retrocession of juris37.12.130
[Title 37 RCW—page 5]
37.12.140
Title 37 RCW: Federal Areas—Indians
diction under RCW 37.12.100 through 37.12.140 shall not
abate by reason of the retrocession or determination of jurisdiction. [1986 c 267 § 6.]
Additional notes found at www.leg.wa.gov
37.12.140 Quileute, Chehalis, Swinomish, and
Colville Indian reservations—Retrocession of criminal
jurisdiction—Short title. RCW 37.12.100 through
37.12.140 may be known and cited as the Indian reservation
criminal jurisdiction retrocession act. [1988 c 108 § 4; 1986
c 267 § 1.]
37.12.140
Additional notes found at www.leg.wa.gov
37.12.150 Retrocession of federal jurisdiction over
lands excluded from Olympic National Park. The state of
Washington hereby accepts retrocession from the United
States of the jurisdiction which the United States acquired
over those lands excluded from the boundaries of the Olympic National Park by 16 U.S.C. Sec. 251e. The lands restored
to the Quileute Indian Reservation by Public Law 94-578
shall be subject to the same Washington state and tribal jurisdiction as all other lands within the Quileute Reservation.
[1988 c 108 § 5.]
37.12.150
Chapter 37.14 RCW
INDIAN CULTURAL FACILITY BOND ISSUE
prior approval by the director of general administration of
any real estate acquisitions and of construction plans for any
building and/or grounds projects. The director’s approval
shall be based on a finding that any real estate to be acquired
is appraised at or above the purchase price, that any construction plans for building and/or grounds projects provide for
completion of any facilities contemplated therein, and that
there are funds in an amount sufficient to finish the project so
that it is fully operational for its intended uses.
The state finance committee is authorized to prescribe
the form of such bonds, the time of sale of all or any portion
or portions of such bonds, and the conditions of sale and issuance thereof.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and contain
an unconditional promise to pay the principal and interest
when due. The committee may provide that the bonds, or any
of them, may be called prior to the due date thereof under
such terms and conditions as it may determine. The state
finance committee may authorize the use of facsimile signatures in the issuance of the bonds. [1985 c 57 § 20; 1983 1st
ex.s. c 54 § 7; 1979 ex.s. c 246 § 1; 1975-’76 2nd ex.s. c 128
§ 1.]
Additional notes found at www.leg.wa.gov
Chapter 37.14
Sections
37.14.010
37.14.020
37.14.030
37.14.040
37.14.050
37.14.900
General obligation bonds—Authorized—Issuance, sale,
terms, etc.
Anticipation notes—Proceeds of bonds and notes.
Administration of proceeds.
Retirement of bonds from Indian cultural center construction
bond redemption fund—Source—Remedies of bond holders.
Legal investment for public funds.
Severability—1975-’76 2nd ex.s. c 128.
37.14.010 General obligation bonds—Authorized—
Issuance, sale, terms, etc. Solely for the purpose of providing a matching grant for the planning, design, acquisition,
construction, furnishing, equipping, remodeling, and landscaping of a regional Indian cultural, educational, tourist, and
economic development facility designated as the "people’s
lodge," the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of
one million dollars or so much thereof as shall be required to
finance that portion of the grant by the state for said project as
is set forth by appropriation from the Indian cultural center
construction account in the state treasury for such purposes,
to be paid and discharged within thirty years of the date of
issuance in accordance with Article VIII, section 1 of the
Constitution of the state of Washington. All earnings of
investments of balances in the Indian cultural center construction account shall be credited to the general fund.
If one hundred fifteen thousand dollars or more in additional federal and/or private funding is not secured within
five years of September 1, 1979, and applied toward the completion of the "people’s lodge," ownership of the property
and/or facility developed with the proceeds of the bonds
issued under this section shall be transferred to the state.
Expenditure of these bond proceeds shall be conditioned on
37.14.010
[Title 37 RCW—page 6]
37.14.020 Anticipation notes—Proceeds of bonds
and notes. At the time the state finance committee determines to issue such bonds authorized in RCW 37.14.010 or a
portion thereof, it may issue, in the name of the state, temporary notes in anticipation of the money to be derived from the
sale of the bonds, which notes shall be designated as "anticipation notes". The proceeds from the sale of bonds and notes
authorized by this chapter shall be deposited in the Indian
cultural center construction account of the general fund
hereby created in the state treasury and shall be used exclusively for the purposes specified in this chapter and for the
payment of expenses incurred in the issuance and sale of such
bonds and notes: PROVIDED, Such portion of the proceeds
of the sale of such bonds as may be required for the payment
of the principal and interest on such anticipation notes as
have been issued, shall be deposited in the bond redemption
fund created in RCW 37.14.040. [1975-’76 2nd ex.s. c 128 §
2.]
37.14.020
37.14.030 Administration of proceeds. The principal
proceeds from the sale of the bonds authorized in this chapter
and deposited in the Indian cultural center construction
account in the general fund shall be administered by the executive director of the arts commission. [1975-’76 2nd ex.s. c
128 § 3.]
37.14.030
37.14.040 Retirement of bonds from Indian cultural
center construction bond redemption fund—Source—
Remedies of bond holders. The Indian cultural center construction bond redemption fund of 1976 is hereby created in
the state treasury, which fund shall be exclusively devoted to
the payment of interest on and retirement of the bonds and
notes authorized by this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
37.14.040
(2010 Ed.)
Acquisition of Lands for Permanent Military Installations
needed in the ensuing twelve months to meet bond retirement
and interest requirements, and on July 1st of each year the
state treasurer shall deposit such amount in the Indian cultural center construction bond redemption fund of 1976 from
any general state revenues received in the state treasury and
certified by the state treasurer to be general state revenues.
The owner and holder of each of the bonds or the trustee
for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and payment of
funds as directed herein. [1975-’76 2nd ex.s. c 128 § 4.]
37.14.050 Legal investment for public funds. The
bonds authorized by this chapter shall be a legal investment
for all state funds or for funds under state control and all
funds of municipal corporations. [1975-’76 2nd ex.s. c 128 §
5.]
37.14.050
37.14.900 Severability—1975-’76 2nd ex.s. c 128. If
any provision of this 1976 act, or its application to any person
or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1975-’76 2nd ex.s. c 128 § 6.]
37.14.900
37.16.180
attested by the clerk of such board under the seal of such
board, and the consent of the state of Washington is hereby
given to the exercise by the congress of the United States of
exclusive legislation in all cases whatsoever, over such tracts
or parcels of land so conveyed to it: PROVIDED, Upon such
conveyance being concluded, a sufficient description by
metes and bounds and an accurate plat or map of each such
tract or parcel of land be filed in the auditor’s office of the
county in which such lands are situated, together with copies
of the orders, deeds, patents, or other evidences in writing of
the title of the United States: AND PROVIDED, That all
civil process issued from the courts of this state, and such
criminal process as may issue under the authority of this state
against any person charged with crime in cases arising outside of such reservation, may be served and executed thereon
in the same mode and manner and by the same officers as if
the consent herein given had not been made. [1917 c 4 § 22;
no RRS. Formerly RCW 37.08.180.]
General cession of jurisdiction: Chapter 37.04 RCW.
Jurisdiction in special cases: Chapter 37.08 RCW.
Chapter 37.16 RCW
ACQUISITION OF LANDS FOR PERMANENT
MILITARY INSTALLATIONS
Chapter 37.16
Sections
37.16.180
Jurisdiction ceded.
Reviser’s note: Chapter 4, Laws of 1917, herein codified as chapter
37.16 RCW, is discussed in State ex rel. Board of Commissioners v. Clausen,
95 Wash. 214, 163 Pac. 744 (1917), where it is considered in conjunction
with 1917 c 3, a special act authorizing (and directing) Pierce county to condemn property and issue bonds in payment of awards therefor in order to
secure the location of Camp (now Fort) Lewis in that county. In prior compilations, Remington omitted 1917 c 4, and Pierce omitted all but section 22,
ceding the state’s jurisdiction to the United States. 1917 c 4 appears to have
been a general act and for that reason was codified herein. Most of the sections in this chapter were subsequently repealed by 1971 c 76 § 6.
Appropriation authorized in aid of federal or state improvement: RCW
8.08.090.
Condemnation for military purposes: RCW 8.04.170, 8.04.180.
Eminent domain by counties: Chapter 8.08 RCW.
Joint armory sites: RCW 36.64.050.
Lease or conveyance to the state or to United States for military, housing and
other purposes: RCW 36.34.250.
Leases to United States for national defense: RCW 79.13.090.
Long term leases to United States by counties: RCW 36.34.310.
Tidelands and shorelands grants to United States: RCW 79.125.760 through
79.125.790.
Transfer of property to state or United States for military purposes or housing projects: RCW 36.34.260.
37.16.180 Jurisdiction ceded. Pursuant to the Constitution and laws of the United States, and especially to paragraph seventeen of section eight of article one of such Constitution, the consent of the legislature of the state of Washington is hereby given to the United States to acquire by
donation from any county acting under the provisions of this
chapter, title to all the lands herein intended to be referred to,
to be evidenced by the deed or deeds of such county, signed
by the chairman of its board of county commissioners and
37.16.180
(2010 Ed.)
[Title 37 RCW—page 7]
Title 38
Chapters
38.04
38.08
38.10
38.12
38.14
38.16
38.20
38.24
38.32
38.36
38.38
38.40
38.42
38.44
38.48
38.52
Title 38
MILITIA AND MILITARY AFFAIRS
General provisions.
Powers and duties of governor.
Emergency management assistance compact.
Militia officers and advisory council.
Washington state guard.
Enlistments and reserves.
Armories and rifle ranges.
Claims and compensation.
Offenses—Punishment.
Trial procedure.
Washington code of military justice.
Miscellaneous provisions.
Service members’ civil relief.
Enrollment of persons.
State and national defense.
Emergency management.
Explosives, manufacture, sale or storage: Chapter 70.74 RCW.
Limitation on members of the legislature holding office in the state—Exception: State Constitution Art. 2 § 14.
Microfilming of records to provide continuity of civil government: Chapter
40.10 RCW.
Military subordinate to civil power: State Constitution Art. 1 § 18.
National guard conditional scholarship program: Chapter 28B.103 RCW.
National guard high school career training and national guard youth challenge program—Rules: RCW 28A.300.165.
Quartering soldiers in residences: State Constitution Art. 1 § 31.
Right to bear arms: State Constitution Art. 1 § 24.
Special act relating to aerospace science and modeling center at Camp Murray: 1969 ex.s. c 85.
SPECIAL ACTS RELATING TO ARMORIES: The following special or
temporary acts relating to particular armories are not codified herein:
(1) 1959 c 181; 1961 c 135; 1963 c 146, Seattle.
(2) 1967 c 37, Prosser.
(3) 1967 c 43, Centralia.
(4) 1967 c 44, Chewelah.
(5) 1967 c 214, Stevens County.
(6) 1967 c 224, Tacoma and Pierce County.
(7) 1967 c 226, Yakima.
(8) 1969 ex.s. c 22, Kirkland.
Special legislation: State Constitution Art. 2 § 28(2).
Standing army in time of peace prohibited: State Constitution Art. 1 § 31.
State flag furnished to armed forces: RCW 1.20.010.
State militia: State Constitution Art. 10.
Veterans and veterans’ affairs: Title 73 RCW.
Chapter 38.04
Chapter 38.04 RCW
GENERAL PROVISIONS
Sections
38.04.010
38.04.020
38.04.030
38.04.040
General definitions.
"Officer," "enlisted persons" defined—Convictions and punishments.
Composition of the militia.
Composition of organized militia.
Acknowledgments and powers of attorney of military personnel: Chapter
73.20 RCW.
(2010 Ed.)
Military personnel classified as resident students: RCW 28B.15.014.
38.04.010 General definitions. When used in this title,
the following words, terms, phrases shall have the following
meaning:
The word "militia" shall mean the military forces provided for in the Constitution and laws of the state of Washington.
The term "organized militia" shall be the general term to
include both state and national guard and whenever used
applies equally to all such organizations.
The term "national guard" shall mean that part of the military force of the state that is organized, equipped and federally recognized under the provisions of the national defense
act of the United States, and, in the event the national guard
is called into federal service or in the event the state guard or
any part or individual member thereof is called into active
state service by the commander-in-chief, the term shall also
include the "Washington state guard" or any temporary organization set up in times of emergency to replace either the
"national guard" or "state guard" while in actual service of the
United States.
The term "state guard" shall mean that part of the military forces of the state that is organized, equipped, and recognized under the provisions of the State Defense Forces Act of
the United States (32 U.S.C. Sec. 109, as amended).
The term "active state service" or "active training duty"
shall be construed to be any service on behalf of the state, or
at encampments whether ordered by state or federal authority
or any other duty requiring the entire time of any organization
or person except when called or drafted into the federal service by the president of the United States.
The term "inactive duty" shall include periods of drill
and such other training and service not requiring the entire
time of the organization or person, as may be required under
state or federal laws, regulations, or orders, including travel
to and from such duty.
The terms "in service of United States" and "not in service of United States" as used herein shall be understood to
mean the same as such terms when used in the national
defense act of congress and amendments thereto.
The term "military" refers to any or all of the armed
forces.
The term "armory" refers to any state-owned building,
warehouse, vehicle storage compound, organizational maintenance shop or other facility and the lands appurtenant
thereto used by the Washington national guard for the storage
and maintenance of arms or military equipment or the administration or training of the organized militia.
The term "member" refers to a soldier or airman of the
organized militia. [1991 c 43 § 1; 1989 c 19 § 1; 1963 c 220
§ 133; 1943 c 130 § 12; Rem. Supp. 1943 § 8603-12. Prior:
38.04.010
[Title 38 RCW—page 1]
38.04.020
Title 38 RCW: Militia and Military Affairs
1917 c 107 §§ 1, part, 3, part; 1909 c 134 § 10, part; 1895 c
108 § 10, part.]
Short title: "This act shall be known as the Military Code of the state
of Washington." [1943 c 130 § 1.]
Martial law: RCW 38.08.030.
Additional notes found at www.leg.wa.gov
38.04.020 "Officer," "enlisted persons" defined—
Convictions and punishments. Whenever used in this title,
the word "officer" shall be understood to designate commissioned and warrant officers, and the words "enlisted persons"
shall be understood to designate members of the organized
militia of Washington other than commissioned or warrant
officers. The convictions and punishments mentioned unless
otherwise specifically designated, shall be understood to be
respectively convictions and punishments by military courts.
[2009 c 549 § 1011; 1989 c 19 § 2; 1943 c 130 § 80; Rem.
Supp. 1943 § 8603-80. Prior: 1917 c 107 § 60.]
38.04.020
38.04.030 Composition of the militia. The militia of
the state of Washington shall consist of all able bodied citizens of the United States and all other able bodied persons
who have declared their intention to become citizens of the
United States, residing within this state, who shall be more
than eighteen years of age, and shall include all persons who
are members of the national guard and the state guard, and
said militia shall be divided into two classes, the organized
militia and the unorganized militia. [1989 c 19 § 3; 1973 1st
ex.s. c 154 § 55; 1963 c 74 § 1; 1943 c 130 § 2; Rem. Supp.
1943 § 8603-2. Prior: 1917 c 107 § 1; 1909 c 134 § 2; 1895
c 108 § 2.]
38.04.030
Militia—Who liable to military duty: State Constitution Art. 10 § 1.
Additional notes found at www.leg.wa.gov
38.08.050
38.08.060
38.08.070
38.08.090
38.08.100
38.08.500
Governor may order out unorganized militia.
Governor’s decision final.
Personal staff for governor.
Governor to promulgate rules.
Compacts with other states for guarding boundaries.
National guard mutual assistance counter-drug activities compact.
Commander-in-chief: State Constitution Art. 3 § 8.
Commander-in-chief may order enrollment: RCW 38.44.010.
Militia—Organization—Discipline—Officers—Power to call out: State
Constitution Art. 10 § 2.
38.08.010 Conformance with federal laws. The governor shall cause the organized militia of this state at all times
to conform to all federal laws and regulations as are now or
may hereafter from time to time become operative and applicable, notwithstanding anything in the laws of this state to the
contrary. Except as and when otherwise specifically provided
by federal laws, the organized militia of Washington, or any
part thereof, shall be subject to call for United States service
at such times, in such manner, and in such numbers as may
from time to time be prescribed by the United States.
In conformity with the provisions of federal statutes,
officers and enlisted persons of the organized militia called or
drafted into federal service by order or proclamation of the
president of the United States, shall upon release from federal
service revert to their former status, grade and rank, as members of the organized militia of Washington, and shall continue to serve in the organized militia of Washington until
separated therefrom in the manner provided by law. [1989 c
19 § 5; 1943 c 130 § 5; Rem. Supp. 1943 § 8603-5. Prior:
1921 c 75 § 1; 1917 c 107 § 4; 1909 c 134 § 93; 1895 c 108 §
170.]
38.08.010
38.08.020 Governor as commander-in-chief—Adjutant general executive head. The militia of the state not in
the service of the United States shall be governed and its
affairs administered pursuant to law, by the governor, as
commander-in-chief, through the adjutant general’s department, of which the adjutant general shall be the executive
head. [1961 c 210 § 1; 1943 c 130 § 3; Rem. Supp. 1943 §
8603-3. Prior: 1917 c 107 § 2; 1909 c 134 §§ 13, 14; 1895 c
108 § 13.]
38.08.020
38.04.040 Composition of organized militia. The
organized militia of Washington shall consist of the commissioned officers, warrant officers, enlisted persons, organizations, staffs, corps, and departments of the regularly commissioned, warranted and enlisted militia of the state, organized
and maintained pursuant to law. Its numerical strength, composition, distribution, organization, arms, uniforms, equipment, training and discipline shall be prescribed by the governor in conformity with, and subject to the limitations
imposed by the laws and regulations of the United States and
the laws of this state: PROVIDED, HOWEVER, That the
minimum enlisted strength of the organized militia of this
state shall never be less than two thousand. The organized
militia may include persons residing outside the state of
Washington. [1989 c 19 § 4; 1943 c 130 § 4; Rem. Supp.
1943 § 8603-4. Prior: 1917 c 107 § 3. Cf. 1909 c 108 § 10,
part; 1895 c 108 § 10, part.]
38.04.040
Chapter 38.08 RCW
POWERS AND DUTIES OF GOVERNOR
Chapter 38.08
Sections
38.08.010
38.08.020
38.08.030
38.08.040
Conformance with federal laws.
Governor as commander-in-chief—Adjutant general executive head.
Proclamation of complete or limited martial law.
Governor may order out organized militia.
[Title 38 RCW—page 2]
Governor commander-in-chief: State Constitution Art. 3 § 8.
38.08.030 Proclamation of complete or limited martial law. The governor may by proclamation declare the
county or city in which troops are serving, or any specific
portion thereof, to be under either complete or limited martial
law to the extent, in his or her opinion, that the reestablishment or maintenance of law and order may be promoted.
"Complete martial law" is the subordination of all civil
authority to the military;
"Limited military law" is a partial subordination of civil
authority by the setting up of an additional police power
vested in the military force which shall have the right to try
all persons apprehended by it in such area by a military tribunal or turn such offender over to civil authorities within five
days for further action, during which time the writ of habeas
corpus shall be suspended in behalf of such person. [1989 c
19 § 6; 1943 c 130 § 8; Rem. Supp. 1943 § 8603-8.]
38.08.030
(2010 Ed.)
Powers and Duties of Governor
38.08.040 Governor may order out organized militia.
In event of war, insurrection, rebellion, invasion, tumult, riot,
mob, or organized body acting together by force with intent
to commit a felony or to offer violence to persons or property,
or by force and violence to break and resist the laws of this
state, or the United States, or in case of the imminent danger
of the occurrence of any of said events, or at the lawful
request of competent state or local authority in support of
enforcement of controlled substance statutes, or whenever
responsible civil authorities shall, for any reason, fail to preserve law and order, or protect life or property, or the governor believes that such failure is imminent, or in event of public disaster, or when otherwise required for the public health,
safety, or welfare, or to perform any military duty authorized
by state law, or to prepare for or recover from any of these
events or the consequences thereof, the governor shall have
power to order the organized militia of Washington, or any
part thereof, into active service of the state to execute the
laws, and to perform such duty as the governor shall deem
proper. [2005 c 9 § 1; 1993 c 263 § 1; 1989 c 19 § 7; 1943 c
130 § 6; Rem. Supp. 1943 § 8603-6. Prior: 1917 c 107 § 7;
1913 c 66 § 2; 1909 c 134 § 15.]
38.08.040
Effective date—2005 c 9: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 28, 2005]." [2005 c 9 § 3.]
38.08.050 Governor may order out unorganized militia. In event of, or imminent danger of, war, insurrection,
rebellion, invasion, tumult, riot, resistance to law or process
or breach of the peace, if the governor shall have ordered into
active service all of the available forces of the organized militia of Washington and shall consider them insufficient in
number to properly accomplish the purpose, he or she may
then in addition order out the unorganized militia or such portion thereof as he may deem necessary, and cause them to
perform such military duty as the circumstances may require.
[1989 c 19 § 8; 1943 c 130 § 9; Rem. Supp. 1943 § 8603-9.
Prior: 1917 c 107 § 9; 1909 c 134 § 17; 1903 c 155 § 15; 1895
c 108 § 112.]
38.08.500
completion of such duty to their regular assignments. [1989
c 19 § 9; 1943 c 130 § 15; Rem. Supp. 1943 § 8603-15. Prior:
1917 c 107 § 6; 1909 c 134 § 14. Cf. 1895 c 108 § 13, part.]
38.08.090 Governor to promulgate rules. The governor, through the adjutant general, shall promulgate in orders
such rules and amendments not inconsistent with law as the
governor may deem necessary for the organization, maintenance and training of the militia, and the acquisition, use,
issue or disposal of military property. The governor’s regulatory powers herein with respect to military property shall
include reasonable authority to make regulations controlling
the use and temporary disposal of military property including
real property for civic purposes where consistent with federal
law and regulations, in a manner similar to the law pertaining
to the use of armories. The adopted regulations shall have the
same force and effect as if enacted. [1989 c 19 § 10; 1969
ex.s. c 86 § 1; 1943 c 130 § 92; Rem. Supp. 1943 § 8603-92.
Prior: 1917 c 107 § 123; 1909 c 134 § 94; 1895 c 108 § 171.]
38.08.090
Commander-in-chief authorized to make rules for specific armories (special
or temporary acts not codified in this title):
(1) 1907 c 55 § 11, Armories at Seattle, Spokane and Tacoma;
(2) 1909 c 68 § 10, Armory at Bellingham;
(3) 1913 c 67 § 9, Armory at North Yakima;
(4) 1917 c 108 § 9, Armory at Walla Walla;
(5) 1917 c 109 § 9, Armory at Aberdeen;
(6) 1917 c 166 § 9, Armory at Everett.
38.08.050
38.08.060 Governor’s decision final. Whenever any
portion of the militia is ordered to duty by the governor, the
decision of the governor shall be final, incontrovertible, and
unimpeachable.
Whenever any portion of the militia has been ordered out
by the governor, it shall be deemed that local law and order
and the enforcement thereof has failed, and that the militia
shall become an additional police power, retaining its separate entity and operating at all times as a military organization
under military command, to cooperate with existing peace
forces wherever possible, for the reestablishment of law and
order and for the protection of life and property. [1943 c 130
§ 7; Rem. Supp. 1943 § 8603-7.]
38.08.060
38.08.070 Personal staff for governor. Whenever the
governor shall desire the attendance of a personal staff upon
any occasion, he or she shall detail therefor officers from the
active list of the organized militia of Washington; the officers
detailed shall attend in uniform and shall constitute the personal staff of the governor for that occasion, reverting upon
38.08.070
(2010 Ed.)
38.08.100 Compacts with other states for guarding
boundaries. The governor, with consent of congress, is
authorized to enter into compacts and agreements with governors of bordering states concerning guarding and patrol of
bridges crossing the common boundaries of said states, and
for the patrol of said common boundaries. In any such compact or agreement the governor is authorized to permit militia
of any bordering state to enter into areas of this state adjacent
to said border, or to send militia of this state into areas of any
bordering state adjacent to the common boundary as may be
necessary to provide effective protection. [1951 c 253 § 1.]
38.08.100
38.08.500 National guard mutual assistance counterdrug activities compact. (1) The governor, with the consent
of congress, is authorized to enter into compacts and agreements for the deployment of the national guard with governors of other states concerning drug interdiction, counterdrug, and demand reduction activities. Article 1, section 10 of
the Constitution of the United States permits a state to enter
into a compact or agreement with another state, subject to the
consent of congress. Congress, through enactment of Title 4
of the U.S.C. Section 112, encourages the states to enter such
compacts for cooperative effort and mutual assistance.
(2) The compact language contained in this subsection is
intended to deal comprehensively with the supportive relationships between states in utilizing national guard assets in
counter-drug activities.
38.08.500
NATIONAL GUARD MUTUAL ASSISTANCE
COUNTER-DRUG ACTIVITIES COMPACT
ARTICLE I
PURPOSE
The purposes of this compact are to:
[Title 38 RCW—page 3]
38.08.500
Title 38 RCW: Militia and Military Affairs
(a) Provide for mutual assistance and support among the
party states in the utilization of the national guard in drug
interdiction, counter-drug, and demand reduction activities.
(b) Permit the national guard of this state to enter into
mutual assistance and support agreements, on the basis of
need, with one or more law enforcement agencies operating
within this state, for activities within this state, or with a
national guard of one or more other states, whether said activities are within or without this state in order to facilitate and
coordinate efficient, cooperative enforcement efforts directed
toward drug interdiction, counter-drug activities, and demand
reduction.
(c) Permit the national guard of this state to act as a
receiving and a responding state as defined within this compact and to ensure the prompt and effective delivery of
national guard personnel, assets, and services to agencies or
areas that are in need of increased support and presence.
(d) Permit and encourage a high degree of flexibility in
the deployment of national guard forces in the interest of efficiency.
(e) Maximize the effectiveness of the national guard in
those situations that call for its utilization under this compact.
(f) Provide protection for the rights of national guard
personnel when performing duty in other states in counterdrug activities.
(g) Ensure uniformity of state laws in the area of national
guard involvement in interstate counter-drug activities by
incorporating said uniform laws within the compact.
ARTICLE II
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted into
law by any two states. Thereafter, this compact shall become
effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the governor of the withdrawing state has given notice in writing of such withdrawal
to the governors of all other party states.
ARTICLE III
MUTUAL ASSISTANCE AND SUPPORT
(a) As used in this article:
(1) "Drug interdiction and counter-drug activities"
means the use of national guard personnel, while not in federal service, in any law enforcement support activities that
are intended to reduce the supply or use of illegal drugs in the
United States. These activities include, but are not limited to:
(i) Providing information obtained during either the normal course of military training or operations or during
counter-drug activities, to federal, state, or local law enforcement officials that may be relevant to a violation of any federal or state law within the jurisdiction of such officials;
(ii) Making available any equipment, including associated supplies or spare parts, base facilities, or research facilities of the national guard to any federal, state, or local civilian
law enforcement official for law enforcement purposes, in
accordance with other applicable law or regulation;
(iii) Providing available national guard personnel to train
federal, state, or local civilian law enforcement in the operation and maintenance of equipment, including equipment
[Title 38 RCW—page 4]
made available above, in accordance with other applicable
law;
(iv) Providing available national guard personnel to
operate and maintain equipment provided to federal, state, or
local law enforcement officials pursuant to activities defined
and referred to in this compact;
(v) Operation and maintenance of equipment and facilities of the national guard or law enforcement agencies used
for the purposes of drug interdiction and counter-drug activities;
(vi) Providing available national guard personnel to
operate equipment for the detection, monitoring, and communication of the movement of air, land, and sea traffic, to facilitate communications in connection with law enforcement
programs, to provide transportation for civilian law enforcement personnel, and to operate bases of operations for civilian law enforcement personnel;
(vii) Providing available national guard personnel,
equipment, and support for administrative, interpretive, analytic, or other purposes;
(viii) Providing available national guard personnel and
equipment to aid federal, state, and local officials and agencies otherwise involved in the prosecution or incarceration of
individuals processed within the criminal justice system who
have been arrested for criminal acts involving the use, distribution, or transportation of controlled substances as defined
in 21 U.S.C. Sec. 801 et seq., or otherwise by law, in accordance with other applicable law.
(2) "Demand reduction" means providing available
national guard personnel, equipment, support, and coordination to federal, state, local, and civic organizations, institutions and agencies for the purposes of the prevention of drug
abuse and the reduction in the demand for illegal drugs.
(3) "Requesting state" means the state whose governor
requested assistance in the area of counter-drug activities.
(4) "Responding state" means the state furnishing assistance, or requested to furnish assistance, in the area of
counter-drug activities.
(5) "Law enforcement agency" means a lawfully established federal, state, or local public agency that is responsible
for the prevention and detection of crime and the enforcement
of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances laws.
(6) "Official" means the appointed, elected, designated,
or otherwise duly selected representative of an agency, institution, or organization authorized to conduct those activities
for which support is requested.
(7) "Mutual assistance and support agreement" or
"agreement" means an agreement between the national guard
of this state and one or more law enforcement agencies or
between the national guard of this state and the national guard
of one or more other states, consistent with the purposes of
this compact.
(8) "Party state" refers to a state that has lawfully enacted
this compact.
(9) "State" means each of the several states of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, or a territory or possession of the United States.
(b) Upon the request of a governor of a party state for
assistance in the area of interdiction and counter-drug, and
demand reduction activities, the governor of a responding
(2010 Ed.)
Powers and Duties of Governor
state shall have authority under this compact to send without
the borders of his or her state and place under the temporary
operational control of the appropriate national guard or other
military authorities of the requesting state, for the purposes of
providing such requested assistance, all or any part of the
national guard forces of his or her state as he or she may deem
necessary, and the exercise of his or her discretion in this
regard shall be conclusive.
(c) The governor of a party state may, within his or her
discretion, withhold the national guard forces of his or her
state from such use and recall any forces or part or member
thereof previously deployed in a requesting state.
(d) The national guard of this state is hereby authorized
to engage in interdiction and counter-drug activities and
demand reduction.
(e) The adjutant general of this state, in order to further
the purposes of this compact, may enter into a mutual assistance and support agreement with one or more law enforcement agencies of this state, including federal law enforcement agencies operating within this state, or with the national
guard of one or more other party states to provide personnel,
assets, and services in the area of interdiction and counterdrug activities and demand reduction. However, no such
agreement may be entered into with a party that is specifically prohibited by law from performing activities that are the
subject of the agreement.
(f) The agreement must set forth the powers, rights, and
obligations of the parties to the agreement, where applicable,
as follows:
(1) Its duration;
(2) The organization, composition, and nature of any
separate legal entity created thereby;
(3) The purpose of the agreement;
(4) The manner of financing the agreement and establishing and maintaining its budget;
(5) The method to be employed in accomplishing the
partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
(6) Provision for administering the agreement, which
may include creation of a joint board responsible for such
administration;
(7) The manner of acquiring, holding, and disposing of
real and personal property used in this agreement, if necessary;
(8) The minimum standards for national guard personnel
implementing the provisions of this agreement;
(9) The minimum insurance required of each party to the
agreement, if necessary;
(10) The chain of command or delegation of authority to
be followed by national guard personnel acting under the provisions of the agreement;
(11) The duties and authority that the national guard personnel of each party state may exercise; and
(12) Any other necessary and proper matters.
Agreements prepared under the provisions of this section
are exempt from any general law pertaining to intergovernmental agreements.
(g) As a condition precedent to an agreement becoming
effective under this part, the agreement must be submitted to
and receive the approval of the office of the attorney general
of Washington. The attorney general of the state of Washing(2010 Ed.)
38.08.500
ton may delegate his or her approval authority to the appropriate attorney for the Washington national guard subject to
those conditions which he or she decides are appropriate. The
delegation must be in writing and is subject to the following:
(1) The attorney general, or his or her agent as stated
above, shall approve an agreement submitted to him or her
under this part unless he or she finds that it is not in proper
form, does not meet the requirements set forth in this part, or
otherwise does not conform to the laws of Washington. If the
attorney general disapproves an agreement, he or she shall
provide a written explanation to the adjutant general of the
Washington national guard; and
(2) If the attorney general, or his or her authorized agent
as stated above, does not disapprove an agreement within
thirty days after its submission to him or her, it is considered
approved by him or her.
(h) Whenever national guard forces of any party state are
engaged in the performance of duties, in the area of drug
interdiction, counter-drug, and demand reduction activities,
pursuant to orders, they shall not be held personally liable for
any acts or omissions which occur during the performance of
their duty.
ARTICLE IV
RESPONSIBILITIES
(a) Nothing in this compact shall be construed as a
waiver of any benefits, privileges, immunities, or rights otherwise provided for national guard personnel performing
duty pursuant to Title 32 of the United States Code nor shall
anything in this compact be construed as a waiver of coverage provided for under the Federal Tort Claims Act. In the
event that national guard personnel performing counter-drug
activities do not receive rights, benefits, privileges, and
immunities otherwise provided for national guard personnel
as stated above, the following provisions shall apply:
(1) Whenever national guard forces of any responding
state are engaged in another state in carrying out the purposes
of this compact, the members thereof so engaged shall have
the same powers, duties, rights, privileges, and immunities as
members of national guard forces of the requesting state. The
requesting state shall save and hold members of the national
guard forces of responding states harmless from civil liability, except as otherwise provided herein, for acts or omissions
that occur in the performance of their duty while engaged in
carrying out the purposes of this compact, whether responding forces are serving the requesting state within the borders
of the responding state or are attached to the requesting state
for purposes of operational control.
(2) Subject to the provisions of paragraphs (3), (4), and
(5) of this Article, all liability that may arise under the laws of
the requesting state or the responding states, on account of or
in connection with a request for assistance or support, shall
be assumed and borne by the requesting state.
(3) Any responding state rendering aid or assistance pursuant to this compact shall be reimbursed by the requesting
state for any loss or damage to, or expense incurred in the
operation of, any equipment answering a request for aid, and
for the cost of the materials, transportation, and maintenance
of national guard personnel and equipment incurred in connection with such request, provided that nothing herein con[Title 38 RCW—page 5]
Chapter 38.10
Title 38 RCW: Militia and Military Affairs
tained shall prevent any responding state from assuming such
loss, damage, expense, or other cost.
(4) Unless there is a written agreement to the contrary,
each party state shall provide, in the same amounts and manner as if they were on duty within their state, for pay and
allowances of the personnel of its national guard units while
engaged without the state pursuant to this compact and while
going to and returning from such duty pursuant to this compact.
(5) Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its national guard forces
in case such members sustain injuries or are killed within
their own state shall provide for the payment of compensation and death benefits in the same manner and on the same
terms in the event such members sustain injury or are killed
while rendering assistance or support pursuant to this compact. Such benefits and compensation shall be deemed items
of expense reimbursable pursuant to paragraph (3) of this
Article.
(b) Officers and enlisted personnel of the national guard
performing duties subject to proper orders pursuant to this
compact shall be subject to and governed by the provisions of
their home state code of military justice whether they are performing duties within or without their home state. In the
event that any national guard member commits, or is suspected of committing, a criminal offense while performing
duties pursuant to this compact without his or her home state,
he or she may be returned immediately to his or her home
state and said home state shall be responsible for any disciplinary action to be taken. However, nothing in this section
shall abrogate the general criminal jurisdiction of the state in
which the offense occurred.
ARTICLE V
DELEGATION
Nothing in this compact shall be construed to prevent the
governor of a party state from delegating any of his or her
responsibilities or authority respecting the national guard,
provided that such delegation is otherwise in accordance with
law. For purposes of this compact, however, the governor
shall not delegate the power to request assistance from
another state.
ARTICLE VI
LIMITATIONS
Nothing in this compact shall:
(a) Authorize or permit national guard units or personnel
to be placed under the operational control of any person not
having the national guard rank or status required by law for
the command in question.
(b) Deprive a properly convened court of jurisdiction
over an offense or a defendant merely because of the fact that
the national guard, while performing duties pursuant to this
compact, was utilized in achieving an arrest or indictment.
ARTICLE VII
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact
[Title 38 RCW—page 6]
shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of the United States or of any state or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state participating herein, the compact shall remain in full
force and effect as to the remaining party states and in full
force and effect as to the state affected as to all severable matters. [1993 c 263 § 2.]
Chapter 38.10
Chapter 38.10 RCW
EMERGENCY MANAGEMENT
ASSISTANCE COMPACT
Sections
38.10.010
38.10.900
Emergency management assistance compact.
Severability—2001 c 288.
38.10.010 Emergency management assistance compact. The emergency management assistance compact is
enacted and entered into by this state with all other states
legally joining the compact in the form substantially as follows:
38.10.010
ARTICLE I
PURPOSES AND AUTHORITIES
This compact is made and entered into by and between
the participating party states which enact this compact. For
the purposes of this agreement, the term "states" means the
several states, the Commonwealth of Puerto Rico, the District
of Columbia, and all United States territorial possessions.
The purpose of this compact is to provide for mutual
assistance between the states entering into this compact in
managing any emergency or disaster that is duly declared by
the governor of the affected state or states, whether arising
from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.
This compact shall also provide for mutual cooperation
in emergency-related exercises, testing, or other training
activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by
party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include
the use of the states’ national guard forces, either in accordance with the national guard mutual assistance compact, or
by mutual agreement between states.
ARTICLE II
GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes
many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in
managing these and other emergencies under this compact.
Each state further recognizes that there will be emergencies
which require immediate access and present procedures to
(2010 Ed.)
Emergency Management Assistance Compact
38.10.010
apply outside resources to make a prompt and effective
response to the emergency. This is because few, if any, individual states have all the resources they may need in all types
of emergencies or the capability of delivering resources to
areas where emergencies exist.
The prompt, full, and effective utilization of resources of
the participating states, including any resources on hand or
available from the federal government or any other source,
that are essential to the safety, care, and welfare of the people
in the event of any emergency or disaster declared by a party
state, shall be the underlying principle on which all articles of
this compact shall be understood.
On behalf of the governor of each state participating in
the compact, the legally designated state official who is
assigned responsibility for emergency management will be
responsible for formulation of the appropriate interstate
mutual aid plans and procedures necessary to implement this
compact.
services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass
care, resource support, health and medical services, and
search and rescue;
(b) The amount and type of personnel, equipment, materials, and supplies needed, and a reasonable estimate of the
length of time they will be needed;
(c) The specific place and time for staging of the assisting party’s response and a point of contact at that location.
(3) There shall be frequent consultation between state
officials who have assigned emergency management responsibilities and other appropriate representatives of the party
states with affected jurisdictions and the United States government, with free exchange of information, plans, and
resource records relating to emergency capabilities.
ARTICLE III
PARTY STATE RESPONSIBILITIES
ARTICLE IV
LIMITATIONS
(1) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this
article. In formulating such plans, and in carrying them out,
the party states, as is practical, shall:
(a) Review individual state hazards analyses and, to the
extent reasonably possible, determine all those potential
emergencies the party states might jointly suffer, whether due
to natural disaster, technological hazard, man-made disaster,
emergency aspects of resource shortages, civil disorders,
insurgency, or enemy attack;
(b) Review party states’ individual emergency plans and
develop a plan which will determine the mechanism for the
interstate management and provision of assistance concerning any potential emergency;
(c) Develop interstate procedures to fill any identified
gaps and to resolve any identified inconsistencies or overlaps
in existing or developed plans;
(d) Assist in warning communities adjacent to or crossing the state boundaries;
(e) Protect and assure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue,
and critical lifeline equipment, services, and resources, both
human and material;
(f) Inventory and set procedures for the interstate loan
and delivery of human and material resources, together with
procedures for reimbursement or forgiveness;
(g) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the
implementation of the responsibilities listed in this compact.
(2) The authorized representative of a party state may
request assistance of another party state by contacting the
authorized representative of that state. The provisions of this
agreement shall only apply to requests for assistance made by
and to authorized representatives. Requests may be verbal or
in writing. If verbal, the request shall be confirmed in writing
within thirty days of the verbal request. Requests shall provide the following information:
(a) A description of the emergency services function for
which assistance is needed, such as, but not limited to, fire
(2010 Ed.)
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such
action as is necessary to provide and make available the
resources covered by this compact in accordance with the
terms of this compact. However, it is understood that the state
rendering aid may withhold resources to the extent necessary
to provide reasonable protection for the state. Each party state
shall afford to the emergency forces of any party state, while
operating within its state limits under the terms and conditions of this compact, the same powers except that of arrest
unless specifically authorized by the receiving state, duties,
rights, and privileges as are afforded forces of the state in
which they are performing emergency services. Emergency
forces will continue under the command and control of their
regular leaders, but the organizational units will come under
the operational control of the emergency services authorities
of the state receiving assistance. These conditions may be
activated, as needed, only subsequent to a declaration of a
state of emergency or disaster by the governor of the party
state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as
the exercise or training for mutual aid are in progress, the
state of emergency or disaster remains in effect, or loaned
resources remain in the receiving state or states, whichever is
longer.
ARTICLE V
LICENSES AND PERMITS
Whenever any person holds a license, certificate, or
other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by
the receiving party state, such person shall be deemed
licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared
emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by
executive order or otherwise.
[Title 38 RCW—page 7]
38.10.900
Title 38 RCW: Militia and Military Affairs
ARTICLE VI
LIABILITY
Officers or employees of a party state rendering aid in
another state under this compact shall be considered agents of
the requesting state for tort liability and immunity purposes;
and no party state or its officers or employees rendering aid in
another state under this compact shall be liable on account of
any act or omission in good faith on the part of such forces
while so engaged or on account of the maintenance or use of
any equipment or supplies in connection therewith. Good
faith in this article may not include willful misconduct, gross
negligence, or recklessness.
ARTICLE VII
SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of
the machinery for mutual aid among two or more states may
differ from that among the states that are party to this compact, this instrument contains elements of a broad base common to all states, and nothing in this compact shall preclude
any state from entering into supplementary agreements with
another state or affect any other agreements already in force
between states. Supplementary agreements may comprehend,
but shall not be limited to, provisions for evacuation and
reception of injured and other persons and the exchange of
medical, fire, police, public utility, reconnaissance, welfare,
transportation and communications personnel, and equipment and supplies.
ARTICLE VIII
COMPENSATION
Each party state shall provide for payment of compensation and death benefits to injured members of the emergency
forces of that state and representatives of deceased members
of such forces in case such members sustain injuries or are
killed while rendering aid under this compact, in the same
manner and on the same terms as if the injury or death were
sustained within their own state.
ARTICLE IX
REIMBURSEMENT
Any party state rendering aid in another state under this
compact shall be reimbursed by the party state receiving the
aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in
answering a request for aid and for the costs incurred in connection with the requests. However, any aiding party state
may assume in whole or in part the loss, damage, expense, or
other cost, or may loan equipment or donate services to the
receiving party state without charge or cost; and any two or
more party states may enter into supplementary agreements
establishing a different allocation of costs among those states.
Article VIII expenses may not be reimbursable under this
article.
ARTICLE X
EVACUATION
Plans for the orderly evacuation and interstate reception
of portions of the civilian population as the result of any
emergency or disaster of sufficient proportions to so warrant,
[Title 38 RCW—page 8]
shall be worked out and maintained between the party states
and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuation might occur. The plans shall be put into effect by
request of the state from which evacuees come and shall
include the manner of transporting evacuees, the number of
evacuees to be received in different areas, the manner in
which food, clothing, housing, and medical care will be provided, the registration of evacuees, the providing of facilities
for the notification of relatives or friends, and the forwarding
of evacuees to other areas or the bringing in of additional
materials, supplies, and all other relevant factors. Plans shall
provide that the party state receiving evacuees and the party
state from which the evacuees come shall mutually agree as
to reimbursement of out-of-pocket expenses incurred in
receiving and caring for the evacuees, for expenditures for
transportation, food, clothing, medicines and medical care,
and like items. Expenditures shall be reimbursed as agreed by
the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from
which the evacuees come shall assume the responsibility for
the ultimate support of repatriation of the evacuees.
ARTICLE XI
IMPLEMENTATION
(1) This compact shall become operative immediately
upon its enactment into law by any two states. After the first
enactment, this compact shall become effective as to any
other state upon its enactment by such state.
(2) Any party state may withdraw from this compact by
enacting a statute repealing the compact, but no withdrawal
may take effect until thirty days after the governor of the
withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. This action
may not relieve the withdrawing state from obligations
assumed under this compact before the effective date of withdrawal.
(3) Duly authenticated copies of this compact and such
supplementary agreements as may be entered into shall, at the
time of their approval, be deposited with each of the party
states, and with the federal emergency management agency
and other appropriate agencies of the United States government.
ARTICLE XII
ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or permit the use
of military force by the national guard of a state at any place
outside that state in any emergency for which the president is
authorized by law to call into federal service the militia, or for
any purpose for which the use of the army or the air force
would in the absence of express statutory authorization be
prohibited under 18 U.S.C. Sec. 1385. [2001 c 288 § 1.]
38.10.900
38.10.900 Severability—2001 c 288. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2001 c 288 § 2.]
(2010 Ed.)
Militia Officers and Advisory Council
Chapter 38.12 RCW
MILITIA OFFICERS AND ADVISORY COUNCIL
Chapter 38.12
Sections
38.12.020
tant general for the Washington air national guard. [1961 c
210 § 2.]
38.12.020 Powers and duties. The adjutant general
shall:
(1) Subject to the orders of the commander-in-chief,
command the Washington national guard and recruit, train,
maintain, and administer the organized militia of the state of
Washington.
(2) Supervise the preparation and submission of any
records required by the federal government, the governor, or
as otherwise required by law.
(3) Maintain records of the organized militia and state
military department as required by law. The adjutant general
shall deposit records with the state archivist for historical
purposes.
(4) Cause to be published and distributed to the organized militia at state expense necessary documents or publications, to include the Washington code of military justice.
(5) Keep just and true accounts of all moneys received
and disbursed by the military department.
(6) Attest all commissions issued to military officers of
this state.
(7) Be the custodian of the seal of the office of adjutant
general and deliver the same to his or her successor. All
orders issued from the office of the adjutant general shall be
authenticated with the seal. Orders or records under the seal
shall be prima facie proof of certification or authenticity.
(8) Promulgate in orders such regulations pertaining to
the operation and function of the state military department
and organized militia, as in his or her opinion the conditions
demand.
(9) Attend to the care, preservation, safekeeping, and
repairing of all military property belonging to the state, or
issued to the state by the United States for military purposes.
Any property of the state military department which, after
proper inspection, is found unsuitable or no longer needed for
use of the organized militia shall be disposed of in such manner as the governor shall direct and the proceeds thereof used
for replacements in kind or by other needed authorized military supplies, and the adjutant general may execute the necessary instruments of conveyance to effect such sale or disposal.
(10) Issue the military property as the necessity of service requires and make purchases for that purpose.
(11) Be the custodian of all military relics, trophies, colors, and histories now in possession of, or which may be
acquired by, the state.
(12) Keep a record of all real property owned or used by
the state for military purposes, and in connection therewith he
or she shall have sole power to execute all leases to acquire
the use of real property by the state for military purposes, or
lease it to other agencies for use for authorized activities. The
adjutant general shall also have full power to execute and
grant easements for rights-of-way for construction, operation, and maintenance of utility service, water, sewage, and
drainage for such realty. [2009 c 21 § 1; 1989 c 19 § 12; 1977
c 75 § 32; 1957 c 250 § 3. Prior: 1943 c 130 § 16, part; 1917
c 107 § 11, part; 1913 c 66 § 4, part; 1909 c 134 § 27, part;
1901 c 78 § 4, part; 1895 c 108 § 38, part; Rem. Supp. 1943
§ 8603-16, part.]
38.12.020
38.12.010
38.12.015
38.12.020
38.12.030
38.12.060
38.12.070
38.12.095
38.12.105
38.12.115
38.12.125
38.12.135
38.12.150
38.12.160
38.12.170
38.12.180
38.12.200
Adjutant general—Bond.
Department organized into separate divisions—Army national
guard—Air national guard—Assistant adjutants general.
Powers and duties.
Adjutant general and assistant adjutants general—How chosen—Annual salaries—Members of judiciary eligible to
serve in guard.
Officers to be commissioned by the governor.
Examining board.
Appointment or promotion of commissioned officers to be
made by officer promotion board—Exceptions.
Criteria and guidelines for promotion of commissioned officers.
Officer promotion board—Meetings—Powers and duties.
Officer promotion board—Composition.
Officer promotion board—Official acts—Approval requirements—Rules.
Officer to take oath.
Oath, form of.
Termination of officers’ membership—Review of retention
potential.
Retirement of officers.
Uniform allowance to officers.
Militia—Organization—Discipline—Officers—Power to call out: State
Constitution Art. 10 § 2.
38.12.010 Adjutant general—Bond. The governor,
with the advice and consent of the senate, shall appoint an
adjutant general who shall be chief of staff to the governor,
and may be removed by the governor at will. The adjutant
general shall appoint the civilian employees and other personnel of the department and may remove any of them in
accordance with applicable law.
The expenses of the adjutant general’s department, necessary to the military service, shall be audited, allowed, and
paid as other military expenditures.
The adjutant general must execute an official bond running to the state in the penal sum of twenty thousand dollars
conditioned for the faithful performance of his or her duties.
The bond shall be submitted to the attorney general for
approval, and when approved shall be filed in the office of the
secretary of state. The cost of the bond shall be paid by the
state.
The adjutant general may obtain and pay for, from funds
appropriated for military purposes, a surety bond or bonds
running to the state covering such officers of the organized
militia responsible to the state for money or military property,
as may be advisable to insure proper accountability. The
bond or bonds shall be approved and filed in the same manner
as the adjutant general’s bond. [1989 c 19 § 11; 1981 c 338 §
3; 1957 c 250 § 2. Prior: 1943 c 130 § 16, part; 1917 c 107 §
11, part; 1913 c 66 § 4, part; 1909 c 134 § 27, part; 1901 c 78
§ 4, part; 1895 c 108 § 38, part; Rem. Supp. 1943 § 8603-16,
part.]
38.12.010
38.12.015 Department organized into separate divisions—Army national guard—Air national guard—
Assistant adjutants general. The adjutant general’s department shall be organized into separate divisions for the Washington army national guard and the Washington air national
guard. Each division may have a general officer at its head
who will be referred to as the assistant adjutant general for
the Washington army national guard and the assistant adju38.12.015
(2010 Ed.)
[Title 38 RCW—page 9]
38.12.030
38.12.030
Title 38 RCW: Militia and Military Affairs
38.12.030 Adjutant general and assistant adjutants
general—How chosen—Annual salaries—Members of
judiciary eligible to serve in guard. Whenever a vacancy
has occurred, or is about to occur in the office of the adjutant
general, the governor shall order to active service for that
position from the active list of the Washington army national
guard or Washington air national guard an officer not below
the rank of a field grade officer who has had at least ten years
service as an officer on the active list of the Washington army
national guard or the Washington air national guard during
the fifteen years next prior to such detail. The officer so
detailed shall during the continuance of his or her service as
the adjutant general hold the rank of a general officer.
Whenever a vacancy has occurred, or is about to occur,
in the offices of assistant adjutants general for the Washington army national guard or the Washington air national guard,
the adjutant general with the concurrence of the governor
may appoint an officer of the army national guard or the air
national guard, who has had at least ten years service in the
active list of his respective branch during the fifteen years
next prior to such detail. The officer so detailed, may during
the continuance of his service as assistant adjutant general
hold the rank of a general officer.
If, by reason of the call or draft of officers of the Washington army national guard and/or air national guard into federal service, there is no officer of the Washington national
guard available for detail as the adjutant general or as an
assistant adjutant general who possesses the requisite qualifications, the governor may appoint any officer or former
officer of the organized militia of Washington as acting adjutant general or as an acting assistant adjutant general. If the
officers on detail as the adjutant general or as assistant adjutants general are appointed, called, or drafted into the military
service of the United States by order or proclamation of the
president, they shall be granted leaves of absence by the governor, and are entitled, upon release from federal service, to
return to their former status as adjutant general or as assistant
adjutants general of Washington, and during the period that
they are in federal service, the duties of these offices shall be
performed by an acting adjutant general and acting assistant
adjutants general, appointed by the governor, as provided in
this section, who shall receive the same pay provided for the
adjutant general and/or assistant adjutants general respectively, during the period of such assignments.
The adjutant general shall receive an annual salary equal
to the base pay of a major general in the United States army.
The assistant adjutant general for the Washington army
national guard and the assistant adjutant general for the
Washington air national guard shall each receive an annual
salary equal to the base pay of an officer of equivalent grade
in the United States army or United States air force but not to
exceed that of a brigadier general. So long as a member of the
judiciary of the state of Washington is available for judicial
work at such times and under such conditions as may be set
forth by local rules and custom, that member may serve as an
active member of the national guard or air national guard.
[1989 c 19 § 13; 1983 c 218 § 1; 1965 ex.s. c 100 § 1; 1961 c
210 § 3; 1943 c 130 § 21; Rem. Supp. 1943 § 8603-21. Prior:
1921 c 75 § 2; 1917 c 107 § 14; 1909 c 134 § 31, part; 1895 c
108 § 42, part.]
[Title 38 RCW—page 10]
38.12.060 Officers to be commissioned by the governor. All commissioned and warrant officers of the organized
militia of Washington shall be appointed and commissioned
or warranted by the governor only as hereinafter provided.
No person shall be so appointed and commissioned or warranted unless he or she shall be a citizen of the United States
and of this state and more than eighteen years of age. Every
commissioned and warranted officer shall hold office under
his or her commission or warrant until he or she shall have
been regularly appointed and commissioned or warranted to
another rank or office, or until he or she shall have been regularly retired, discharged, dismissed or placed in the reserve.
[1989 c 19 § 14; 1971 ex.s. c 292 § 41; 1943 c 130 § 19; Rem.
Supp. 1943 § 8603-19. Prior: 1917 c 107 § 12, part; 1909 c
134 § 31, part; 1895 c 108 § 42, part.]
38.12.060
Additional notes found at www.leg.wa.gov
38.12.070 Examining board. No person shall be
appointed and commissioned or warranted to any office in
the organized militia of Washington unless he or she shall
have been examined and adjudged qualified therefor by an
examining board, appointed by the adjutant general, and
whose report shall have been approved by the authority
appointing the board. The composition, appointment and procedure of examining boards and the nature and scope of
examinations shall be as prescribed by the laws or regulations
of the United States or those of this state. Whenever a commissioned officer shall have been examined for promotion
pursuant to this section and shall have been adjudged not
qualified therefor, upon approval by the authority appointing
the board of its report to that effect such officer may be honorably discharged, retired or placed in the reserve as the governor shall direct. [1989 c 19 § 15; 1943 c 130 § 20; Rem.
Supp. 1943 § 8603-20. Prior: 1917 c 107 § 13; 1909 c 134 §
32; 1895 c 108 § 53.]
38.12.070
38.12.095 Appointment or promotion of commissioned officers to be made by officer promotion board—
Exceptions. Whenever a commissioned officer is to be
appointed or promoted either to fill a vacancy in the organized militia (Washington army national guard, Washington
air national guard and the Washington state guard) or for any
other reason, the officer to be appointed or promoted shall be
selected by the officer promotion board. This selection in no
way will change the powers of the governor under RCW
38.12.060. This section in no way applies to appointments or
promotions to adjutant general or assistant adjutant general,
to the appointment of officers to the rank of captain, lieutenant, or warrant officer, or to the promotion of second lieutenants, first lieutenants, or warrant officers. [1989 c 19 § 16;
1974 ex.s. c 34 § 1.]
38.12.095
38.12.105 Criteria and guidelines for promotion of
commissioned officers. All promotions of commissioned
officers in the organized militia will be made on a best-qualified basis. The officer promotion board will select the bestqualified officer for each promotion from among those officers fully qualified for promotion. To be promoted, the
selected officer must also meet the requirements of RCW
38.12.070. In no event will seniority be the sole guideline for
38.12.105
(2010 Ed.)
Militia Officers and Advisory Council
selecting the officer to be promoted. The officer promotion
board will, in determining the best qualified officer, consider
the overall qualifications of an officer and not just the qualifications for one position. [1974 ex.s. c 34 § 2.]
38.12.170
An action of an officer promotion board may be an official act of the board without a meeting if all members of the
board approve in writing the act in question.
The adjutant general will from time to time fix the rules
under which the board will operate. [1974 ex.s. c 34 § 5.]
38.12.115
38.12.115 Officer promotion board—Meetings—
Powers and duties. The officer promotion board will meet
from time to time as directed by the adjutant general. The
board will select the best qualified officer for each promotion
to be made in the organized militia, and will do any other act
pertaining thereto directed by the adjutant general or allowed
or directed by statute. [1989 c 19 § 17; 1974 ex.s. c 34 § 3.]
38.12.125
38.12.125 Officer promotion board—Composition.
The officer promotion board shall be composed as follows:
(1) For promotions or appointments of army national
guard officers, the board will consist of the adjutant general,
the assistant adjutant general army, and the five commanders
senior in grade and date of rank in that grade in the Washington army national guard. If the board is selecting an officer
for promotion to the rank of colonel, any member of the
board who is a lieutenant colonel will be automatically disqualified and will not be replaced. If the board is selecting an
officer for promotion to the rank of brigadier general, any
member of the board who is a lieutenant colonel or who is a
colonel will be automatically disqualified and will not be
replaced.
(2) For promotions or appointments of air national guard
officers, the board will consist of the adjutant general, the
assistant adjutant general air, and the five commanders senior
in grade and date of rank in that grade in the Washington air
national guard. If the board is selecting an officer for promotion to the rank of colonel, any member of the board who is a
lieutenant colonel will be automatically disqualified and will
not be replaced. If the board is selecting an officer for promotion to the rank of brigadier general, any member of the board
who is a lieutenant colonel or who is a colonel will be automatically disqualified and will not be replaced.
(3) For promotions or appointments of state guard officers, the board will consist of the adjutant general, the assistant
adjutant general army, and the five officers senior in grade
and in date of rank in that grade in the state guard. If the board
is selecting an officer for promotion to the rank of colonel,
any member of the board who is a lieutenant colonel will be
automatically disqualified and will not be replaced. If the
board is selecting an officer for promotion to the rank of brigadier general, any member of the board who is a lieutenant
colonel or who is a colonel will be automatically disqualified
and will not be replaced. [1989 c 19 § 18; 1974 ex.s. c 34 §
4.]
38.12.135
38.12.135 Officer promotion board—Official acts—
Approval requirements—Rules. To be an official act of the
officer promotion board, an act of that board must be
approved by not less than four of the members of the board:
PROVIDED, HOWEVER, That if the board consists of less
than four officers, the approval of the board shall be unanimous.
(2010 Ed.)
38.12.150 Officer to take oath. Every officer, duly
commissioned or warranted shall within such time as may be
provided by law or by regulations, take the oath of office prescribed by law, and give bond, if required. In case of neglect
or refusal so to do, the officer shall be considered to have
resigned such office and a new appointment may be made as
provided by law. [1989 c 19 § 19; 1943 c 130 § 29; Rem.
Supp. 1943 § 8603-29. Prior: 1917 c 107 § 26; 1909 c 134 §
36, part; 1895 c 108 § 51.]
38.12.150
38.12.160 Oath, form of. The oath of office for commissioned and warrant officers in the organized militia of
Washington shall be substantially as follows: "I, . . . . . ., do
solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the state of
Washington, against all enemies, foreign or domestic; that I
will bear true faith and allegiance to the same; that I will obey
the orders of the president of the United States and of the governor of the state of Washington, that I make this obligation
freely, without any mental reservation or purpose of evasion,
and that I will well and faithfully discharge the duties of the
office of . . . . . . in the organized militia of the state of Washington upon which I am about to enter, so help me God."
[1943 c 130 § 30; Rem. Supp. 1943 § 8603-30. Prior: 1917 c
107 § 27; 1909 c 134 § 37.]
38.12.160
Subversive activities: Chapter 9.81 RCW.
38.12.170 Termination of officers’ membership—
Review of retention potential. The governor may terminate
the membership of any commissioned or warrant officer of
the organized militia of Washington for any of the following
reasons:
(1) Conviction of an infamous crime;
(2) Absence from his or her command for more than
thirty days without proper leave;
(3) Sentence of dismissal by court martial, duly
approved;
(4) Upon muster out of the organization to which the
officer is then assigned;
(5) Acceptance of the resignation of the officer, but no
officer may be discharged or his or her resignation accepted
while under arrest or against whom military charges have
been preferred, or until he or she has turned over to his or her
successor or satisfactorily accounted for all state and federal
moneys and military property for which he or she is accountable or responsible;
(6) Removal of his or her actual residence to such distance from the station of his or her command as to render it
impracticable for him or her to perform the duties of his or
her office;
(7) Incompetence or unfitness for military service as
determined by the duly approved findings of a board of officers appointed for that purpose by the adjutant general.
38.12.170
[Title 38 RCW—page 11]
38.12.180
Title 38 RCW: Militia and Military Affairs
The adjutant general shall annually appoint and convene
qualitative retention boards to review the military personnel
records of officers who have completed three or more years
service in the Washington state guard to determine their
retention potential and acceptability for continuation in an
active status. In the conduct of the reviews, the regulation
issued by the adjutant general to implement this provision
shall conform to the extent practicable to that governing the
army national guard. [1989 c 19 § 20; 1984 c 198 § 1; 1943
c 130 § 31; 1925 ex.s. c 72 § 1; Rem. Supp. 1943 § 8603-31.
Prior: 1917 c 107 § 28; 1909 c 134 § 39; 1895 c 108 § 63.]
38.12.180 Retirement of officers. Commissioned
officers of the organized militia of Washington shall be
retired by order of the commander-in-chief with the rank
respectively held by them at the time of such retirement for
the following reasons:
(1) Unfitness for military service by reason of permanent
physical disability.
(2) Upon request after at least five years continuous service as an officer in the organized militia of Washington.
Commissioned officers of the state guard shall upon
reaching the age of sixty-four years be retired.
Retired officers shall draw no pay or allowance from the
state unless recalled to service.
Retired officers are subject, with their consent, to temporary detail on active state service by the commander-in-chief,
and while on such duty shall receive the same pay and allowances as officers of like rank on the active list. [1989 c 19 §
21; 1984 c 198 § 2; 1943 c 130 § 33; Rem. Supp. 1943 §
8603-33. Prior: 1909 c 134 § 40; 1895 c 108 § 66.]
38.14.006 Availability and composition of state
guard. The Washington state guard will be available to
serve, at the call of the governor in the place of the national
guard of the state of Washington under the provisions of this
title when the national guard is in the service of the United
States, or when otherwise ordered to active state service by
the governor. The Washington state guard shall consist of
commissioned and warrant officers and enlisted persons
commissioned, warranted, or enlisted under the provisions of
this title. Persons enlisted under RCW 38.16.015 shall be
enrolled in accordance with regulations promulgated by the
adjutant general. [1989 c 19 § 23.]
38.14.006
38.12.180
38.12.200 Uniform allowance to officers. Every commissioned officer of the organized militia of Washington
shall, within sixty days from the date of the order whereby he
or she shall have been appointed, provide at the officer’s own
expense the uniform and equipment prescribed by the governor for his or her rank and assignment.
There shall be audited and may be paid, at the option of
the adjutant general, to each properly uniformed and
equipped officer of the active list of the organized militia of
Washington, not in federal service an initial uniform allowance of one hundred dollars and annually thereafter for each
twelve months state service an additional uniform allowance
of fifty dollars, subject to such regulations as the commanderin-chief may prescribe to be audited and paid upon presentation of proper voucher. [1991 c 43 § 2; 1989 c 19 § 22; 1982
c 93 § 1; 1943 c 130 § 37; Rem. Supp. 1943 § 8603-37. Prior:
1923 c 49 § 1; 1917 c 107 § 32; 1909 c 134 § 49; 1903 c 155
§ 11; 1901 c 78 § 8; 1895 c 108 § 76.]
38.12.200
Chapter 38.14
Chapter 38.14 RCW
WASHINGTON STATE GUARD
38.14.012 Federal military service. No member of the
Washington state guard shall by reason of such membership
be exempt from federal military service under the laws of the
United States. [1989 c 19 § 24.]
38.14.012
38.14.018 Pay of state guard members. Members of
the Washington state guard shall serve without pay except
when on active state service with the state as defined in RCW
38.04.010, or when serving on inactive duty as defined in
RCW 38.04.010 under orders of the governor specifically
authorizing pay. When ordered to active state service or when
serving on inactive duty in a pay status, members of the
Washington state guard will be paid as prescribed for members of the national guard in RCW 38.24.050, except longevity adjustments for pay will be based solely on total service
with the Washington state guard. [1989 c 19 § 25.]
38.14.018
38.14.024 Equipment and supplies. The governor
may obtain from the federal government such arms and other
equipment and supplies as may be available for issue, donation or loan for the use of the Washington state guard. When
such property is provided by the federal government, it will
be utilized, maintained, and disposed of in accordance with
federal requirements and with property rules and regulations
promulgated under the provisions of RCW 38.08.090. [1989
c 19 § 26.]
38.14.024
38.14.030 Training. Members of the Washington state
guard may participate in such training opportunities as may
be available from the federal government and as approved by
the adjutant general. Where required as a condition of such
participation, the military department may reimburse the federal government for the costs of such training. [1989 c 19 §
27.]
38.14.030
38.14.036 Qualifications for appointment of officers.
The adjutant general shall establish by regulation qualifications for appointment of commissioned and warrant officers
in the Washington state guard. [1989 c 19 § 28.]
38.14.036
Chapter 38.16
Sections
38.14.006
38.14.012
38.14.018
38.14.024
38.14.030
38.14.036
Availability and composition of state guard.
Federal military service.
Pay of state guard members.
Equipment and supplies.
Training.
Qualifications for appointment of officers.
[Title 38 RCW—page 12]
Chapter 38.16 RCW
ENLISTMENTS AND RESERVES
Sections
38.16.010
38.16.015
38.16.020
38.16.030
Period of enlistment in national guard.
Period of enlistment in state guard.
Discharge of enlisted persons.
Inactive national guard.
(2010 Ed.)
Armories and Rifle Ranges
38.16.040
38.16.050
State guard reserve.
Appointment of members of the committee for employer support of the guard and reserve to civil affairs unit.
38.16.010 Period of enlistment in national guard.
The period of enlistment in the Washington national guard
shall conform to the laws and regulations of the United States
department of defense governing such enlistments including
the term of such enlistments and the maximum and minimum
age of enlistment. [1989 c 19 § 29; 1943 c 130 § 35; Rem.
Supp. 1943 § 8603-35. Prior: 1917 c 107 § 30; 1909 c 134 §
41; 1895 c 108 § 57.]
38.16.010
38.16.015 Period of enlistment in state guard. The
period of enlistment in the Washington state guard shall be
set by regulation by the adjutant general: PROVIDED, That
no original enlistment may be consummated unless the term
thereof can be completed before the applicant attains the age
of sixty-four. [1989 c 19 § 30.]
38.20.010
mobilization of state and federal military forces in the state,
and notwithstanding other provisions of the state military law
and other regulations governing appointment and promotion
of officers and enlisted personnel of the Washington state
guard, members of the Washington committee for employer
support of the guard and reserve may be appointed to serve in
a civil affairs unit of the Washington state guard. The rank
shall be determined by the adjutant general. [1988 c 288 §
17.]
Chapter 38.20
Chapter 38.20 RCW
ARMORIES AND RIFLE RANGES
38.16.015
Sections
38.20.010
38.20.020
38.20.030
38.20.040
38.20.050
Regulations governing armories.
City may acquire armory site.
Counties may expend moneys for armory site.
Rental of property, armories, and small arms ranges.
Small arms ranges.
38.16.020 Discharge of enlisted persons. An enlisted
person discharged from service in the organized militia of
Washington shall receive a notice of discharge in writing in
such form and classification as is or shall be prescribed by
law or regulations, and in time of peace discharges may be
given prior to the expiration of terms of enlistment under
such regulations as may be prescribed by competent authority. [1989 c 19 § 31; 1943 c 130 § 36; Rem. Supp. 1943 §
8603-36. Prior: 1917 c 107 § 31; 1909 c 134 § 45, part; 1895
c 108 § 67, part.]
ESTABLISHMENT OF ARMORIES: The following special or temporary
acts relating to the establishment of armories are not codified herein:
(1) 1907 c 55, Armories at Seattle, Spokane and Tacoma;
(2) 1909 c 68, Armory at Bellingham;
(3) 1913 c 67, Armory at North Yakima;
(4) 1917 c 108, 1919 c 19, Armory at Walla Walla;
(5) 1917 c 109, 1919 c 20, Armory at Aberdeen;
(6) 1917 c 166, 1919 c 21, Armory at Everett;
(7) 1939 c 152, Armory at Olympia;
(8) 1939 c 215, Naval and marine corps reserve armory at Seattle;
(9) 1941 c 236, Naval and marine corps reserve armory at Tacoma;
(10) 1953 c 277 §§ 1, 2 and 3, Armory at Spokane.
38.16.030 Inactive national guard. The inactive
national guard of this state shall respectively be organized by
the governor in regulations in conformance with the laws,
rules and regulations of the United States. It shall consist of
such organizations, officers and enlisted persons as the governor shall prescribe. No commissioned officer shall be
transferred or furloughed to the inactive national guard without the officer’s written consent, except as otherwise
expressly provided by law. Any officer of the inactive
national guard may be restored to the active list by order of
the governor, subject to the same examination as in the case
of an original appointment to his or her rank, and in such
event his or her service in the inactive national guard shall not
be counted in computing total length of service for relative
seniority. [2009 c 549 § 1012; 1991 c 43 § 3; 1989 c 19 § 32;
1943 c 130 § 34; Rem. Supp. 1943 § 8603-34. Prior: 1917 c
107 § 29.]
Joint armory sites: RCW 36.64.050.
38.16.020
38.16.030
38.16.040 State guard reserve. In order to afford the
utmost protection to the state of Washington and to the lives
and property of citizens thereof, in times of emergency or
anticipation thereof, the governor, through the state military
department may provide for the organization and training of
state guard reserve companies in communities not allocated a
federally recognized or authorized state guard unit. [1943 c
130 § 86; Rem. Supp. 1943 § 8603-86.]
38.16.040
38.16.050 Appointment of members of the committee
for employer support of the guard and reserve to civil
affairs unit. To assist the state of Washington in the event of
38.16.050
(2010 Ed.)
Explosives, manufacture, sale or storage: Chapter 70.74 RCW.
Militia—Public arms: State Constitution Article 10 § 4.
State, county and municipal indebtedness—Powers extended in certain
cases: State Constitution Article 8 § 2.
38.20.010 Regulations governing armories. Except as
provided in this section, state-owned armories shall be used
strictly for military purposes.
(1) One room, together with the necessary furniture,
heat, light, and janitor service, may be set aside for the exclusive use of bona fide veterans’ organizations subject to the
direction of the officer in charge. Members of these veterans’
organizations and their auxiliaries shall have access to the
room and its use at all times.
(2) A bona fide veterans’ organization may use any state
armory for athletic and social events without payment of rent
whenever the armory is not being used by the organized militia. The adjutant general may require the veterans’ organization to pay the cost of heating, lighting, or other miscellaneous expenses incidental to this use.
(3) The adjutant general may, during an emergency, permit transient lodging of service personnel in armories.
(4) The adjutant general may, upon the recommendation
of the executive head or governing body of a county, city or
town, permit transient lodging of anyone in armories. The
adjutant general may require the county, city or town to pay
no more than the actual cost of staffing, heating, lighting and
other miscellaneous expenses incidental to this use.
(5) Civilian rifle clubs affiliated with the National Rifle
Association of America are permitted to use small arms
38.20.010
[Title 38 RCW—page 13]
38.20.020
Title 38 RCW: Militia and Military Affairs
ranges in the armories at least one night each week under regulations prescribed by the adjutant general.
(6) State-owned armories shall be available, at the discretion of the adjutant general, for public and private use
upon payment of rental charges and compliance with regulations of the state military department. Children attending primary and high schools have a preferential right to use these
armories.
The adjutant general shall prepare a schedule of rental
charges, including a cleaning deposit, and utility costs for
each state-owned armory which may not be waived except
for activities sponsored by the organized militia or activities
provided for in subsection (4) of this section. The rental
charges derived from armory rentals less the cleaning deposit
shall be paid into the military department rental and lease
account under RCW 38.40.210. [2009 c 34 § 1; 2005 c 252 §
3; 1989 c 19 § 33; 1985 c 295 § 1; 1983 c 268 § 1; 1975 1st
ex.s. c 121 § 1; 1973 1st ex.s. c 154 § 56; 1963 c 149 § 1;
1949 c 125 § 1; 1947 c 204 § 1; 1943 c 130 § 93; Rem. Supp.
1949 § 8603-93. Prior: 1923 c 49 § 5; 1917 c 8 § 1; 1909 c
134 § 97; 1907 c 55 § 11; 1903 c 115 §§ 19, 20.]
SPECIAL ACTS RELATING TO ARMORIES: The following special or
temporary acts relating to particular armories are not codified herein:
(1) 1959 c 181; 1961 c 135; 1963 c 146, Seattle
(2) 1967 c 37, Prosser
(3) 1967 c 43, Centralia
(4) 1967 c 44, Chewelah
(5) 1967 c 214, Stevens County
(6) 1967 c 224, Tacoma and Pierce County
(7) 1967 c 226, Yakima
(8) 1969 ex.s. c 22, Kirkland.
Additional notes found at www.leg.wa.gov
38.20.020 City may acquire armory site. Any city in
the state of Washington in which a unit of the national guard
is stationed, or is to be stationed, is hereby authorized and
empowered to acquire a site for an armory by gift or purchase, and to construct an armory thereon, and to issue and
sell its general obligation bonds for said purposes, within the
debt limits prescribed by the Constitution, with full power to
sell or lease the same to the state of Washington or to the
United States. [1933 ex.s. c 16 § 1; RRS § 8598-1.]
38.20.020
tion, transportation and supplies as may be necessary to provide each unit of the organized militia of Washington with
adequate means and opportunity for thorough instruction in
small arms practice. [1989 c 19 § 35; 1943 c 130 § 91; Rem.
Supp. 1943 § 8603-91. Prior: 1917 c 107 § 120; 1909 c 134
§ 92; 1895 c 108 § 168.]
Chapter 38.24
Chapter 38.24 RCW
CLAIMS AND COMPENSATION
Sections
38.24.010
38.24.020
38.24.050
38.24.060
Payment of military claims and expenses.
Audit and payment of awards.
Pay of officers and enlisted personnel.
Employment and reemployment rights upon return from militia duty.
38.24.010 Payment of military claims and expenses.
All bills, claims and demands for military purposes shall be
certified or verified and audited in the manner prescribed by
regulations promulgated by the governor and shall be paid by
the state treasurer from funds available for that purpose. In
all cases where the organized militia, or any part of the organized militia, is called into active state service to perform
duties under RCW 38.08.040, except for anticipated planning, training, exercises, and other administrative duties that
are not of an emergent nature, warrants for allowed pay and
expenses for such services or compensation for injuries or
death shall be drawn upon the general fund of the state treasury and paid out of any moneys in said fund not otherwise
appropriated. All such warrants shall be the obligation of the
state and shall bear interest at the legal rate from the date of
their presentation for payment. Claims and expenses for
organized militia in active state service under RCW
38.08.040 that are not paid under this section may be paid
under RCW 38.40.220. [2008 c 44 § 2; 2005 c 9 § 2; 1991 c
43 § 4; 1989 c 19 § 36; 1973 c 106 § 14; 1943 c 130 § 42;
Rem. Supp. 1943 § 8603-42. Prior: 1917 c 107 § 36; 1909 c
134 § 56, part; 1895 c 108 § 91, part.]
38.24.010
Effective date—2005 c 9: See note following RCW 38.08.040.
38.24.020 Audit and payment of awards. All compensation shall be payable in monthly installments and shall
be audited and paid as any other claim against the military
department and shall be payable from the general fund out of
any moneys not otherwise appropriated. [1943 c 130 § 41;
Rem. Supp. 1943 § 8603-41. Prior: 1917 c 107 § 35; 1909 c
134 § 56, part; 1895 c 108 § 41, part.]
38.24.020
38.20.030 Counties may expend moneys for armory
site. Any county of the state of Washington is hereby authorized and empowered to appropriate money for the purchase
of an armory site whenever the legislature of this state shall
appropriate money for or authorize the construction of an
armory therein. [1907 c 55 § 3 1/2; No RRS.]
38.20.030
38.20.040 Rental of property, armories, and small
arms ranges. All armories and small arms ranges and all
property, real or personal, used by the national guard and not
owned by the state of Washington or the United States, shall
be leased or rented to the state upon such terms and conditions as shall be approved by the commander-in-chief. [1989
c 19 § 34; 1909 c 134 § 98; RRS § 8599.]
38.20.040
38.20.050 Small arms ranges. Under the direction of
the governor, the adjutant general shall, at the expense and in
the name of the state, buy or lease, establish, equip, maintain
and control such small arms ranges and issue such ammuni38.20.050
[Title 38 RCW—page 14]
38.24.050 Pay of officers and enlisted personnel.
Commissioned officers, warrant officers, and enlisted personnel of the organized militia of Washington, while in active
state service or inactive duty, are entitled to and shall receive
the same amount of pay and allowances from the state of
Washington as provided by federal laws and regulations for
commissioned officers, warrant officers, and enlisted personnel of the United States army only if federal pay and allowances are not authorized. For periods of such active state service, commissioned officers, warrant officers, and enlisted
personnel of the organized militia of Washington shall
receive either such pay and allowances or an amount equal to
38.24.050
(2010 Ed.)
Offenses—Punishment
one and one-half of the federal minimum wage, whichever is
greater.
The value of articles issued to any member and not
returned in good order on demand, and legal fines or forfeitures, may be deducted from the member’s pay.
If federal pay and allowances are not authorized, all
members detailed to serve on any board or commission
ordered by the governor, or on any court-martial ordered by
proper authority, may, at the discretion of the adjutant general, be paid a sum equal to one day’s active state service for
each day actually employed on the board or court or engaged
in the business thereof, or in traveling to and from the same;
and in addition thereto travel expenses in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended when such duty is at a place other than the city or
town of his residence.
Necessary transportation, quartermasters’ stores, and
subsistence for troops when ordered on active state service
may be contracted for and paid for as are other military bills.
[1989 c 19 § 37; 1984 c 198 § 3; 1975-’76 2nd ex.s. c 34 § 81;
1974 ex.s. c 46 § 1; 1943 c 130 § 43; Rem. Supp. 1943 §
8603-43. Prior: 1925 c 28 § 2, part; 1919 c 137 § 1, part;
1917 c 107 § 37, part; 1915 c 47 § 1, part; 1913 c 66 § 10,
part; 1909 c 134 § 157, part; 1907 c 122 § 5, part; 1903 c 155
§ 13, part; 1901 c 78 § 11, part; 1895 c 108 § 89, part.]
Additional notes found at www.leg.wa.gov
38.24.060 Employment and reemployment rights
upon return from militia duty. All members of the organized militia of Washington who are called to active state service or inactive duty shall, upon return from such duty, have
those rights accorded under RCW 73.16.031, 73.16.035,
73.16.041, 73.16.051, and 73.16.061. [1989 c 19 § 38; 1984
c 198 § 4; 1974 ex.s. c 46 § 2.]
38.24.060
Chapter 38.32
Chapter 38.32 RCW
OFFENSES—PUNISHMENT
Sections
38.32.010
38.32.020
38.32.030
38.32.070
38.32.080
38.32.090
38.32.100
38.32.120
38.32.140
Nonmilitary offenses by members on duty status.
Military offenses.
Exemptions while on duty.
Member removed from state, request for discharge.
Penalty for failure to obey call.
Penalty for physician making false certificate.
Buying and receiving military property.
Authority of commanding officer.
Sentence to confinement.
38.32.080
organized militia may be tried and punished as provided
under chapter 38.38 RCW.
(2) Primary jurisdiction over military offenses enumerated in chapter 38.38 RCW is with military authorities. Primary jurisdiction over nonmilitary offenses is with civilian
authorities. If an offense may be both military and nonmilitary, the military authorities may proceed only after the civilian authorities have declined to prosecute or dismissed the
charge, provided jeopardy has not attached. Jurisdiction over
attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by whether the underlying
offense is a military or nonmilitary offense.
(3) Any member of the organized militia committing any
offense under chapter 38.38 RCW may, if such offense is
committed on a military reservation of the United States
within this state, be turned over to the civil authorities for trial
as provided by federal law. [2009 c 378 § 2; 1989 c 19 § 40;
1963 c 220 § 135; 1943 c 130 § 81; Rem. Supp. 1943 § 860381.]
38.32.030
38.32.030 Exemptions while on duty. No person
belonging to the military forces of this state shall be arrested
on any warrant, except for treason or felony, while going to,
remaining at, or returning from any place at which he may be
required to attend military duty. Any members of the organized militia parading, or performing any duty according to
the law shall have the right-of-way in any street or highway
through which they may pass and while on field duty shall
have the right to enter upon, cross or occupy any uninclosed
lands, or any inclosed lands where no damage will be caused
thereby: PROVIDED, That the carriage of the United States
mail and legitimate functions of the police and fire departments shall not be interfered with thereby. [1943 c 130 § 45;
Rem. Supp. 1943 § 8603-45. Prior: 1917 c 107 § 40; 1909 c
134 § 66; 1895 c 108 § 103.]
38.32.070
38.32.070 Member removed from state, request for
discharge. If any member is known to have removed from
the state, and, through ignorance or neglect, has failed to
apply for discharge, the discharge may be requested by his or
her immediate commanding officer. [1989 c 19 § 41; 1963 c
220 § 136; 1943 c 130 § 84; Rem. Supp. 1943 § 8603-84. Cf.
1917 c 107 § 83.]
38.32.080
Militia—Organization—Discipline—Officers—Power to call out: State
Constitution Art. 10 § 2.
38.32.010 Nonmilitary offenses by members on duty
status. Any member of the organized militia committing
nonmilitary offenses under chapter 38.38 RCW while on duty
status or within state armories shall be promptly arrested by
the military authorities and turned over to the civil authorities
of the county or city in which the offense was committed.
[2009 c 378 § 1; 1989 c 19 § 39; 1963 c 220 § 134; 1943 c 130
§ 82; Rem. Supp. 1943 § 8603-82.]
38.32.010
38.32.020 Military offenses. (1) Military offenses
under chapter 38.38 RCW committed by members of the
38.32.020
(2010 Ed.)
38.32.080 Penalty for failure to obey call. Any member of the militia who shall have been ordered out for either
state or federal service and who shall refuse or wilfully or
negligently fail to report at the time and place and to the
officer designated in the order or to the representative or successor of such officer, shall be deemed guilty of desertion,
and shall suffer such penalty as a general court martial may
direct, unless he or she shall produce a sworn certificate from
a licensed physician of good standing that he or she was
physically unable to appear at the time and place designated.
Any person chargeable with desertion under this section may
be taken by force and compelled to serve. [1989 c 19 § 42;
1943 c 130 § 10; Rem. Supp. 1943 § 8603-10. Prior: 1917 c
107 § 10; 1909 c 134 § 21; 1895 c 108 § 114.]
[Title 38 RCW—page 15]
38.32.090
Title 38 RCW: Militia and Military Affairs
38.32.090 Penalty for physician making false certificate. Any physician who shall knowingly make and deliver
a false certificate of physical disability concerning any member of the militia who shall have been ordered out or summoned for active service is guilty of perjury under chapter
9A.72 RCW and, upon conviction, as an additional penalty,
shall forfeit forever his or her license and right to practice in
this state. [2003 c 53 § 209; 1989 c 19 § 43; 1943 c 130 § 11;
Rem. Supp. 1943 § 8603-11. Prior: 1909 c 134 § 22.]
38.32.090
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
38.32.100 Buying and receiving military property.
Any person who shall purchase or receive in pawn or pledge
any military property of the state or of the United States shall
be guilty of a gross misdemeanor and, upon conviction
thereof, shall be fined not more than five hundred dollars or
imprisoned for not more than six months or both such fine
and imprisonment. [1943 c 130 § 87; Rem. Supp. 1943 §
8603-87. Cf. 1917 c 107 § 68.]
38.32.100
38.32.120 Authority of commanding officer. (1) The
commanding officer at any drill, parade, encampment or
other duty may place in arrest for the time of such drill,
parade, encampment or other duty any person or persons who
shall trespass on the camp grounds, parade grounds, rifle
range or armory, or in any way or manner interrupt or molest
the orderly discharge of duty of those on duty, or who shall
disturb or prevent the passage of troops going to or returning
from any regularly ordered tour of duty; and may prohibit and
prevent the sale or use of all spirituous liquors, wines, ale or
beer, or holding of huckster or auction sales, and all gambling
therein, and remove disorderly persons beyond the limits of
such parade or encampment, or within a distance of two miles
therefrom, and the commanding officer shall have full
authority to abate as common nuisances all disorderly places,
and bar all unauthorized sales within such limits.
(2) Any person violating this section, or any order issued
in pursuance thereof, is guilty of a misdemeanor and upon
conviction shall be fined not more than one hundred dollars,
or imprisoned not more than thirty days, or both such fine and
imprisonment.
(3) No license or renewal thereof shall be issued or
granted to any person, firm or corporation for the sale of
intoxicating or spirituous liquors within a distance of three
hundred feet from any armory used by the state of Washington for military purposes, without the approval of the adjutant
general. [2003 c 53 § 210; 1989 c 19 § 44; 1963 c 220 § 137;
1943 c 130 § 52; Rem. Supp. 1943 § 8603-52. Prior: 1937 c
51 § 1; 1909 c 134 § 62; 1895 c 108 § 99.]
38.32.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
38.32.140 Sentence to confinement. All military
courts of the organized militia of Washington shall have
power to sentence to confinement in lieu of fines authorized
to be imposed: PROVIDED, That such sentence of confinement shall not exceed one day for each dollar of fine authorized. [1943 c 130 § 61; 1917 c 107 § 53; Rem. Supp. 1943 §
8603-61.]
38.32.140
[Title 38 RCW—page 16]
Chapter 38.36
Chapter 38.36 RCW
TRIAL PROCEDURE
Sections
38.36.120
Fees and mileage.
38.36.120 Fees and mileage. Fees and mileage allowed
for the service of process and for civilian witnesses shall be
the same as in civil actions. All expenditures necessary to
carry the provisions of chapter 130, Laws of 1943, into effect
are hereby authorized to be incurred, and paid out of the
appropriations for the maintenance of the organized militia of
Washington. [1943 c 130 § 78; Rem. Supp. 1943 § 8603-78.
Prior: 1917 c 107 § 59; 1909 c 134 § 90.]
38.36.120
Juror expense payments: RCW 2.36.150.
Travel expense in lieu of mileage in certain cases: RCW 2.40.030.
Witness fees and mileage: RCW 2.40.010.
Chapter 38.38 RCW
WASHINGTON CODE OF MILITARY JUSTICE
Chapter 38.38
Sections
PART I—GENERAL PROVISIONS
38.38.004
38.38.008
38.38.012
38.38.016
38.38.020
38.38.024
Definitions—Construction.
Persons subject to this code.
Jurisdiction to try certain personnel.
Dismissal of commissioned officer.
Territorial applicability of the code.
Judge advocates and legal officers.
PART II—APPREHENSION AND RESTRAINT
38.38.064
38.38.068
38.38.072
38.38.076
38.38.080
38.38.084
38.38.088
38.38.092
Apprehension.
Apprehension of deserters.
Imposition of restraint.
Restraint of persons charged with offenses.
Confinement in jails.
Reports and receiving of prisoners.
Punishment prohibited before trial.
Delivery of offenders to civil authorities.
38.38.132
Commanding officer’s nonjudicial punishment—Suspension—Appeal.
PART III—NONJUDICIAL PUNISHMENT
PART IV—COURTS-MARTIAL JURISDICTION
38.38.172
38.38.176
38.38.180
38.38.184
38.38.188
38.38.192
38.38.196
38.38.200
Courts-martial of organized militia not in federal service—
Composition—Jurisdiction—Powers and proceedings.
Jurisdiction of courts-martial in general.
Jurisdiction of general courts-martial.
Jurisdiction of special courts-martial—Dishonorable discharge.
Jurisdiction of summary courts-martial.
Sentences of dismissal or dishonorable discharge to be
approved by the governor.
Complete record of proceedings and testimony if dishonorable
discharge or dismissal adjudged.
Confinement instead of fine.
PART V—APPOINTMENT AND COMPOSITION
OF COURTS-MARTIAL
38.38.240
38.38.244
38.38.248
38.38.252
38.38.256
38.38.258
38.38.260
38.38.264
38.38.268
Who may convene general courts-martial.
Special courts-martial of organized militia not in federal service—Who may convene.
Summary courts-martial of organized militia not in federal service—Who may convene.
Who may serve on courts-martial.
Military judge of a general or special court-martial.
Military judges—Qualifications.
Detail of trial counsel and defense counsel.
Detail or employment of reporters and interpreters.
Absent and additional members.
(2010 Ed.)
Washington Code of Military Justice
PART VI—PRETRIAL PROCEDURE
38.38.308
38.38.312
38.38.316
38.38.320
38.38.324
38.38.328
Charges and specifications.
Compulsory self-incrimination prohibited.
Investigation.
Forwarding of charges.
Advice of state judge advocate and reference for trial.
Service of charges.
PART VII—TRIAL PROCEDURE
38.38.368
38.38.372
38.38.376
38.38.380
38.38.384
38.38.388
38.38.392
38.38.396
38.38.400
38.38.404
38.38.408
38.38.412
38.38.416
38.38.420
38.38.424
38.38.428
38.38.432
38.38.436
38.38.440
Governor may prescribe rules.
Unlawfully influencing action of court.
Duties of trial counsel and defense counsel.
Sessions.
Continuances.
Challenges.
Oaths.
Statute of limitations.
Former jeopardy.
Pleas of the accused.
Opportunity to obtain witnesses and other evidence.
Refusal to appear or testify—Penalty.
Contempts.
Depositions.
Admissibility of records of courts of inquiry.
Voting, rulings, instructions.
Number of votes required.
Court to announce action.
Record of trial.
PART VIII—SENTENCES
38.38.480
38.38.484
38.38.488
38.38.492
Cruel and unusual punishments prohibited.
Maximum limits—Reduction in pay grade.
Effective date of sentences.
Execution of confinement.
PART IX—REVIEW OF COURTS-MARTIAL
38.38.532
38.38.536
38.38.540
38.38.544
38.38.548
38.38.552
38.38.556
38.38.560
38.38.564
38.38.568
38.38.572
38.38.576
38.38.580
38.38.584
Execution of sentence—Suspension of sentence.
Initial action on the record.
Initial action on the record—General court-martial records.
Reconsideration and revision.
Rehearings.
Approval by the convening authority.
Review of records—Disposition.
Error of law—Lesser included offense.
Review counsel.
Vacation of suspension.
Petition for a new trial.
Remission and suspension.
Restoration.
Finality of proceedings, findings and sentences.
38.38.624
38.38.628
38.38.632
38.38.636
38.38.640
38.38.644
38.38.648
38.38.652
38.38.656
38.38.660
38.38.664
38.38.668
38.38.672
38.38.676
38.38.680
Persons to be tried or punished.
Principals.
Accessory after the fact.
Conviction of lesser included offense.
Attempts.
Conspiracy.
Solicitation.
Fraudulent enlistment, appointment, or separation.
Unlawful enlistment, appointment, or separation.
Desertion.
Absence without leave.
Missing movement.
Contempt towards officials.
Disrespect towards superior commissioned officer.
Assaulting or wilfully disobeying superior commissioned
officer.
Insubordinate conduct toward warrant officer or noncommissioned officer.
Failure to obey order or regulation.
Cruelty and maltreatment.
Mutiny or sedition.
Resistance, breach of arrest, and escape.
Releasing prisoner without proper authority.
Unlawful detention of another.
Noncompliance with procedural rules.
Misbehavior before the enemy.
Subordinate compelling surrender.
Improper use of countersign.
Forcing a safeguard.
Captured or abandoned property.
PART X—PUNITIVE ARTICLES
38.38.684
38.38.688
38.38.692
38.38.696
38.38.700
38.38.704
38.38.708
38.38.712
38.38.716
38.38.720
38.38.724
38.38.728
38.38.732
(2010 Ed.)
38.38.736
38.38.740
38.38.744
38.38.748
38.38.752
38.38.756
38.38.760
38.38.762
38.38.764
38.38.768
38.38.772
38.38.776
38.38.780
38.38.782
38.38.783
38.38.784
38.38.788
38.38.796
38.38.800
38.38.004
Aiding the enemy.
Misconduct of a prisoner.
False official statements.
Military property—Loss, damage, destruction, or wrongful
disposition.
Property other than military property—Waste, spoilage, or
destruction.
Improper hazarding of vessel.
Reckless or impaired operation of a vehicle, aircraft, or vessel.
Use, possession, or distribution of controlled substances.
Drunk on duty—Sleeping on post—Leaving post before relief.
Dueling.
Malingering.
Riot or breach of peace.
Provoking speeches or gestures.
Assault upon another member of the organized militia.
Larceny and wrongful appropriation.
Perjury.
Frauds against the government.
Conduct unbecoming an officer and a gentleman.
General article.
PART XI—MISCELLANEOUS PROVISIONS
38.38.840
38.38.844
38.38.848
38.38.852
38.38.856
38.38.860
38.38.864
38.38.868
38.38.872
38.38.876
38.38.880
38.38.884
38.38.888
Courts of inquiry.
Authority to administer oaths.
Sections to be explained.
Complaints of wrongs.
Redress of injuries to property.
Execution of process and sentence.
Process of military courts.
Payment of fines and disposition thereof.
Immunity for action of military courts.
Presumption of jurisdiction.
Delegation of authority by the governor.
Uniformity of interpretation.
Short title.
Reviser’s note: Article numbers in this chapter parallel equivalent sections in the federal Uniform Code of Military Justice and do not constitute
part of the law.
PART I—GENERAL PROVISIONS
38.38.004 [Art. 1] Definitions—Construction. In this
chapter, unless the context otherwise requires:
(1) "A month’s pay" or fraction thereof shall be calculated based upon a member’s basic pay entitlement as if the
member were serving for a thirty-day period.
(2) "Accuser" means a person who signs and swears to
charges, any person who directs that charges nominally be
signed and sworn to by another, and any person who has an
interest other than an official interest in the prosecution of the
accused.
(3) "Code" means this chapter.
(4) "Commanding officer" includes only commissioned
officers in command of a unit.
(5) "Commissioned officer" includes a commissioned
warrant officer.
(6) "Convening authority" includes, in addition to the
person who convened the court, a commissioned officer commanding for the time being, or a successor in command.
(7) "Enlisted member" means a person in an enlisted
grade.
(8) "Grade" means a step or degree, in a graduated scale
of office or military rank, that is established and designated
as a grade by law or regulation.
(9) "Judge advocate" means an officer of the army or air
national guard designated as a judge advocate by the judge
advocate general of the army or the judge advocate general of
the air force.
38.38.004
[Title 38 RCW—page 17]
38.38.008
Title 38 RCW: Militia and Military Affairs
(10) "May" is used in a permissive sense. The words "no
person may. . ." mean that no person is required, authorized,
or permitted to do the act prescribed.
(11) "Military" refers to any or all of the armed forces.
(12) "Military court" means a court-martial or a court of
inquiry.
(13) "Military judge" means the presiding officer of a
general or special court-martial detailed in accordance with
RCW 38.38.256.
(14) "Military offense" means those offenses listed in
RCW 38.38.644 through 38.38.800, 38.38.762, and
38.38.782.
(15) "Nonmilitary offense" means any offense other than
those listed in Title 38 RCW.
(16) "Officer" means commissioned or warrant officer.
(17) "Organized militia" means the national guard of the
state, as defined in section 101(3) of Title 32, United States
Code, and any other military force organized under the laws
of the state of Washington.
(18) "Rank" means the order of precedence among members of the organized militia.
(19) "Shall" is used in an imperative sense.
(20) "State judge advocate" means the commissioned
judge advocate officer responsible for supervising the administration of the military justice in the organized militia.
(21) "Superior commissioned officer" means a commissioned officer superior in rank or command. [2009 c 378 § 3;
1989 c 48 § 1; 1963 c 220 § 1.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Additional notes found at www.leg.wa.gov
38.38.008 [Art. 2] Persons subject to this code. This
code applies to all members of the organized militia who are
not in federal service pursuant to Title 10 U.S.C. [2009 c 378
§ 4; 1989 c 48 § 2; 1963 c 220 § 2.]
38.38.008
38.38.012 [Art. 3] Jurisdiction to try certain personnel. No person who has deserted from the organized militia
may be relieved from amenability to the jurisdiction of this
code by virtue of a separation from any later period of service. [1989 c 48 § 3; 1989 c 11 § 9; 1963 c 220 § 3.]
38.38.012
Reviser’s note: This section was amended by 1989 c 11 § 9 and by
1989 c 48 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
38.38.016 [Art. 4] Dismissal of commissioned officer.
(1) If any commissioned officer, dismissed by order of the
governor, makes a written application for trial by court-martial, setting forth, under oath, that he or she has been wrongfully dismissed, the governor, as soon as practicable, shall
convene a general court-martial to try that officer on the
charges on which the officer was dismissed. A court-martial
so convened has jurisdiction to try the dismissed officer on
those charges, and the officer shall be considered to have
waived the right to plead any statute of limitations applicable
to any offense with which the officer is charged. The courtmartial may, as part of its sentence, adjudge the affirmance of
the dismissal, but if the court-martial acquits the accused or if
38.38.016
[Title 38 RCW—page 18]
the sentence adjudged, as finally approved or affirmed, does
not include dismissal, the chief of staff to the governor or
adjutant general shall substitute for the dismissal ordered by
the governor a form of discharge authorized for administrative issue.
(2) If the governor fails to convene a general court-martial within six months from the presentation of an application
for trial under this code, the chief of staff to the governor or
adjutant general shall substitute for the dismissal ordered by
the governor a form of discharge authorized for administrative issue.
(3) If a discharge is substituted for a dismissal under this
code, the governor alone may reappoint the officer to such
commissioned grade and with such rank as, in the opinion of
the governor, that former officer would have attained had the
officer not been dismissed. The reappointment of such a
former officer may be made only if a vacancy is available
under applicable tables of organization. All time between the
dismissal and the reappointment shall be considered as actual
service for all purposes.
(4) If an officer is discharged from the organized militia
by administrative action or by board proceedings under law,
or is dropped from the rolls by order of the governor, the
officer has no right to trial under this section. [1989 c 48 § 4;
1963 c 220 § 4.]
38.38.020 [Art. 5] Territorial applicability of the
code. (1) This code applies throughout the state. It also
applies to all persons otherwise subject to this code while
they are serving outside the state, and while they are going to
and returning from such service outside the state, in the same
manner and to the same extent as if they were serving inside
the state.
(2) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those
units are serving outside the state with the same jurisdiction
and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed
outside the state may be tried and punished either inside or
outside the state. [1989 c 48 § 5; 1963 c 220 § 5.]
38.38.020
38.38.024 [Art. 6] Judge advocates and legal officers.
(1) The governor, on the recommendation of the adjutant
general, shall appoint a judge advocate officer of the army or
air national guard as state judge advocate. To be eligible for
appointment, an officer must be a member of the bar of the
highest court of the state and must have been a member of the
bar of the state for at least five years.
(2) The adjutant general may appoint as many assistant
state judge advocates as he or she considers necessary. To be
eligible for appointment, assistant state judge advocates must
be officers of the organized militia and members of the bar of
the highest court of the state.
(3) The state judge advocate or assistants shall make frequent inspections in the field in supervision of the administration of military justice.
(4) Convening authorities shall at all times communicate
directly with their staff judge advocates in matters relating to
the administration of military justice; and the staff judge
advocate of any command is entitled to communicate directly
38.38.024
(2010 Ed.)
Washington Code of Military Justice
with the staff judge advocate of a superior or subordinate
command, or with the state judge advocate.
(5) No person who has acted as member, law officer,
trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has
been a witness for either the prosecution or defense, in any
case may later act as staff judge advocate to any reviewing
authority upon the same case.
(6) No judge advocate may be assigned nonlegal duties
unless authorized by the state judge advocate. [2009 c 378 §
5; 1989 c 48 § 6; 1963 c 220 § 6.]
PART II—APPREHENSION AND RESTRAINT
38.38.064 [Art. 7] Apprehension. (1) Apprehension is
the taking of a person into custody.
(2) Any person authorized by this code, or by regulations
issued under it, to apprehend persons subject to this code, any
marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer authorized to do so
by law, may do so upon reasonable belief that an offense has
been committed and that the person apprehended committed
it.
(3) Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays,
and disorders among persons subject to this code and to
apprehend persons subject to this code who take part therein.
[1989 c 48 § 7; 1963 c 220 § 7.]
38.38.064
38.38.068 [Art. 8] Apprehension of deserters. Any
civil officer having authority to apprehend offenders under
the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state of Washington
organized militia and deliver the offender into the custody of
the state of Washington organized militia. If an offender is
apprehended outside of the state of Washington, the return to
the area must be in accordance with normal extradition procedures or reciprocal agreement. [1989 c 48 § 8; 1963 c 220
§ 8.]
38.38.068
38.38.072 [Art. 9] Imposition of restraint. (1) Arrest
is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within
certain specified limits. Confinement is the physical restraint
of a person.
(2) An enlisted member may be ordered into arrest or
confinement by any commissioned officer by an order, oral
or written, delivered in person or through other persons subject to this code or through any person authorized by this
code to apprehend persons. A commanding officer may
authorize warrant officers or noncommissioned officers to
order enlisted members of the officer’s command or subject
to the officer’s authority into arrest or confinement.
(3) A commissioned officer or a warrant officer may be
ordered apprehended or into arrest or confinement only by a
commanding officer to whose authority the officer is subject,
by an order, oral or written, delivered in person or by another
commissioned officer. The authority to order such persons
38.38.072
(2010 Ed.)
38.38.092
apprehended or into arrest or confinement may not be delegated.
(4) No person may be ordered apprehended or into arrest
or confinement except for probable cause.
(5) This section does not limit the authority of persons
authorized to apprehend offenders to secure the custody of an
alleged offender until proper authority may be notified.
[1989 c 48 § 9; 1963 c 220 § 9.]
38.38.076 [Art. 10] Restraint of persons charged with
offenses. Any person subject to this code charged with an
offense under this code shall be ordered into arrest or confinement, as circumstances may require; but when charged
only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement. When any person subject to this code is placed in arrest
or confinement prior to trial, immediate steps shall be taken
to inform the person of the specific wrong of which he or she
is accused and to try the person or to dismiss the charges and
release the person. [1989 c 48 § 10; 1963 c 220 § 10.]
38.38.076
38.38.080 [Art. 10a] Confinement in jails. Persons
confined other than in a guard house, whether before, during,
or after trial by a military court, shall be confined in civil
jails, penitentiaries, or prisons designated by the governor or
the adjutant general. [2009 c 378 § 7; 1989 c 48 § 11; 1963 c
220 § 11.]
38.38.080
38.38.084 [Art. 11] Reports and receiving of prisoners. (1) No provost marshal, commander of a guard, master
at arms, warden, keeper, or officer of a city or county jail or
any other jail, penitentiary, or prison designated under RCW
38.38.080, may refuse to receive or keep any prisoner committed to his or her charge, when the committing person furnishes a statement, signed by the committing person, of the
offense charged against the prisoner.
(2) Every commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or of any other
jail, penitentiary, or prison designated under RCW
38.38.080, to whose charge a prisoner is committed shall,
within twenty-four hours after that commitment or as soon as
he or she is relieved from guard, report to the commanding
officer of the prisoner the name of the prisoner, the offense
charged against the prisoner, and the name of the person who
ordered or authorized the commitment. [1989 c 48 § 12;
1963 c 220 § 12.]
38.38.084
38.38.088 [Art. 13] Punishment prohibited before
trial. Subject to RCW 38.38.488, no person, while being
held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the
charges pending against the person, nor shall the arrest or
confinement imposed upon the person be any more rigorous
than the circumstances require to insure his or her presence,
but the person may be subjected to minor punishment during
that period for infractions of discipline. [1989 c 48 § 13;
1963 c 220 § 13.]
38.38.088
38.38.092 [Art. 14] Delivery of offenders to civil
authorities. (1) Under such regulations as may be prescribed
38.38.092
[Title 38 RCW—page 19]
38.38.132
Title 38 RCW: Militia and Military Affairs
by the adjutant general, a person subject to this code who is
accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
(2) When delivery under this section is made to any civil
authority of a person undergoing sentence of a court-martial,
the delivery, if followed by conviction in a civil tribunal,
interrupts the execution of the sentence of the court-martial,
and the offender after having answered to the civil authorities
for the offense shall, upon the request of competent military
authority, be returned to military custody for the completion
of the sentence. [2009 c 378 § 8; 1989 c 48 § 14; 1963 c 220
§ 14.]
PART III—NONJUDICIAL PUNISHMENT
38.38.132 [Art. 15] Commanding officer’s nonjudicial punishment—Suspension—Appeal. (1) Under such
regulations as the governor may prescribe, limitations may be
placed on the powers granted by this section with respect to
the kind and amount of punishment authorized, the categories
of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability
of this section to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be
referred upon such a demand. However, except in the case of
a member attached to or embarked in a vessel, punishment
may not be imposed upon any member of the organized militia under this section if the member has, before the imposition
of such punishment, demanded trial by court-martial in lieu
of such punishment. Under similar regulations, rules may be
prescribed with respect to the suspension of punishments
authorized hereunder. If authorized by regulations of the
governor, a commanding officer exercising general courtmartial jurisdiction or an officer of general rank in command
may delegate powers under this section to a principal assistant.
(2) Subject to subsection (1) of this section, any commanding officer may, in addition to or in lieu of admonition
or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention
of a court-martial:
(a) Upon officers of his or her command:
(i) Restriction to certain specified limits, with or without
suspension from duty, for not more than fourteen consecutive
duty or drill days;
(ii) If imposed by an officer exercising general courtmartial jurisdiction or an officer of general rank in command:
(A) Forfeiture of up to thirty days’ pay, but not more
than fifteen days’ pay per month;
(B) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive drill or duty days;
(C) Detention of up to forty-five days’ pay, but not more
than fifteen days’ pay per month;
(b) Upon other personnel of his or her command:
(i) If imposed upon a person attached to or embarked in
a vessel, confinement for not more than three consecutive
days;
(ii) Forfeiture of not more than seven days’ pay;
(iii) Reduction to the next inferior pay grade, if the grade
from which demoted is within the promotion authority of the
38.38.132
[Title 38 RCW—page 20]
officer imposing the reduction or any officer subordinate to
the one who imposes the reduction;
(iv) Extra duties, including fatigue or other duties for not
more than fourteen duty or drill days, which need not be consecutive, and for not more than two hours per day, holidays
included;
(v) Restriction to certain specified limits, with or without
suspension from duty, for not more than fourteen consecutive
days;
(vi) Detention of not more than fourteen days’ pay;
(vii) If imposed by a commanding officer of the grade of
major or above:
(A) The punishment authorized in subsection (2)(b)(i) of
this section;
(B) Forfeiture of up to thirty days’ pay, but not more than
fifteen days’ pay per month;
(C) Reduction to the lowest or any intermediate pay
grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any
officer subordinate to the one who imposes the reduction, but
an enlisted member in a pay grade above E-4 may not be
reduced more than two pay grades;
(D) Extra duties, including fatigue or other duties, for not
more than fourteen drill or duty days, which need not be consecutive, and for not more than two hours per day, holidays
included;
(E) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive days;
(F) Detention of up to forty-five days’ pay, but not more
than fifteen days’ pay per month.
Detention of pay shall be for a stated period of not more than
one year but if the offender’s term of service expires earlier,
the detention shall terminate upon that expiration. Extra
duties and restriction may not be combined to run consecutively in the maximum amount imposable for each. Whenever any such punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay
without an apportionment.
(3) An officer in charge may impose upon enlisted members assigned to the unit of which the officer is in charge such
of the punishment authorized under subsection (2)(b) of this
section as the governor may specifically prescribe by regulation.
(4) The officer who imposes the punishment authorized
in subsection (2) of this section, or a successor in command,
may, at any time, suspend probationally any part or amount
of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under
subsection (2) of this section, whether or not executed. In
addition, the officer may, at any time, remit or mitigate any
part or amount of the unexecuted punishment imposed and
may set aside in whole or in part the punishment, whether
executed or unexecuted, and restore all rights, privileges, and
property affected. The officer may also mitigate reduction in
grade to forfeiture or detention of pay. When mitigating
extra duties to restriction, the restriction shall not be longer
than the number of hours of extra duty that may have been
imposed. When mitigating reduction in grade to forfeiture or
detention of pay, the amount of the forfeiture or detention
(2010 Ed.)
Washington Code of Military Justice
shall not be greater than the amount that could have been
imposed initially under this section by the officer who
imposed the punishment mitigated.
(5) A person punished under this section who considers
the punishment unjust or disproportionate to the offense may,
through the proper channel, appeal to the next superior
authority. The appeal shall be promptly forwarded and
decided, but the person punished may in the meantime be
required to undergo the punishment adjudged. The superior
authority may exercise the same powers with respect to the
punishment imposed as may be exercised under subsection
(4) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment of:
(a) Forfeiture of more than seven days’ pay;
(b) Reduction of one or more pay grades from the fourth
or a higher pay grade;
(c) Extra duties for more than ten days;
(d) Restriction for more than ten days; or
(e) Detention of more than fourteen days’ pay;
the authority who is to act on the appeal shall refer the case to
a judge advocate for consideration and advice, and may so
refer the case upon appeal from any punishment imposed
under subsection (2) of this section.
(6) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar
to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon
trial, and when so shown shall be considered in determining
the measure of punishment to be adjudged in the event of a
finding of guilty.
(7) The governor may by regulation prescribe the form
of records to be kept of proceedings under this section and
may also prescribe that certain categories of those proceedings shall be in writing. [2009 c 378 § 9; 1991 c 43 § 5; 1989
c 48 § 15; 1963 c 220 § 15.]
PART IV—COURTS-MARTIAL JURISDICTION
38.38.172 [Art. 16] Courts-martial of organized militia not in federal service—Composition—Jurisdiction—
Powers and proceedings. (1) In the organized militia not in
federal service, there are general, special, and summary
courts-martial constituted like similar courts of the armed
forces of the United States. They have the jurisdiction and
powers, except as to punishments, and shall follow the forms
and procedures provided for those courts.
(2) The three kinds of courts-martial are:
(a) General courts-martial, consisting of a military judge
and not less than five members, or only a military judge, if
before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense
counsel, requests orally on the record or in writing a court
composed only of a military judge and the military judge
approves;
(b) Special courts-martial, consisting of not less than
three members, or a military judge and not less than three
members, or only a military judge, if one has been detailed to
the court, and the accused under the same conditions as those
prescribed in (a) of this subsection so requests; and
38.38.172
(2010 Ed.)
38.38.188
(c) Summary courts-martial, consisting of one commissioned officer. [1989 c 48 § 16; 1963 c 220 § 16.]
38.38.176 [Art. 17] Jurisdiction of courts-martial in
general. Each force of the organized militia has court-martial jurisdiction over all persons subject to this code. The
exercise of jurisdiction by one force over personnel of
another force shall be in accordance with regulations prescribed by the governor. [1989 c 48 § 17; 1963 c 220 § 17.]
38.38.176
38.38.180 [Art. 18] Jurisdiction of general courtsmartial. Subject to RCW 38.38.176, general courts-martial
have jurisdiction to try persons subject to this code for any
offense made punishable by this code and may, under such
limitations as the governor may prescribe, adjudge any of the
following punishments:
(1) A fine of not more than three hundred dollars;
(2) Forfeiture of pay and allowances;
(3) A reprimand;
(4) Dismissal or dishonorable discharge;
(5) Reduction of a noncommissioned officer to the ranks;
or
(6) Any combination of these punishments. [2009 c 378
§ 10; 1963 c 220 § 18.]
38.38.180
38.38.184 [Art. 19] Jurisdiction of special courtsmartial—Dishonorable discharge. Subject to RCW
38.38.176, special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may
be punished under this code. A special court-martial has the
same powers of punishment as a general court-martial, except
that a fine imposed by a special court-martial may not be
more than one hundred dollars for a single offense. A dishonorable discharge may not be adjudged unless a complete
record of the proceedings and testimony has been made,
counsel having the qualifications prescribed under RCW
38.38.260 was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in
which a military judge could not be detailed to the trial
because of physical conditions or military exigencies. In any
such case in which a military judge was not detailed to the
trial, the convening authority shall make a detailed written
statement, to be appended to the record, stating the reason or
reasons a military judge could not be detailed. [1989 c 48 §
18; 1963 c 220 § 19.]
38.38.184
38.38.188 [Art. 20] Jurisdiction of summary courtsmartial. (1) Subject to RCW 38.38.176, summary courtsmartial have jurisdiction to try persons subject to this code,
except officers for any offense made punishable by this code.
(2) No person with respect to whom summary courtsmartial have jurisdiction may be brought to trial before a
summary court-martial if the person objects thereto, unless
under RCW 38.38.132 the person has been permitted and has
elected to refuse punishment under that section. If objection
to trial by summary court-martial is made by an accused who
has been permitted to refuse punishment under RCW
38.38.132, trial shall be ordered by special or general courtmartial, as may be appropriate.
38.38.188
[Title 38 RCW—page 21]
38.38.192
Title 38 RCW: Militia and Military Affairs
(3) A summary court-martial may sentence to a fine of
not more than twenty-five dollars for a single offense, to forfeiture of not more than one-half month’s pay for two
months, to reduction in rank of enlisted soldiers, and to
reduction of a noncommissioned officer to the ranks. [2009 c
378 § 11; 1989 c 48 § 19; 1963 c 220 § 20.]
38.38.192 [Art. 21] Sentences of dismissal or dishonorable discharge to be approved by the governor. In the
organized militia not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is
approved by the governor. [1963 c 220 § 21.]
38.38.192
38.38.196 [Art. 21a] Complete record of proceedings
and testimony if dishonorable discharge or dismissal
adjudged. A dishonorable discharge or dismissal may not be
adjudged by any court-martial unless a complete record of
the proceedings and testimony before the court has been
made. [1989 c 48 § 20; 1963 c 220 § 22.]
38.38.196
38.38.200 [Art. 21b] Confinement instead of fine. In
the organized militia not in federal service, a court-martial
may, instead of imposing a fine, sentence to confinement for
not more than one day for each dollar of the authorized fine.
[1989 c 48 § 21; 1963 c 220 § 23.]
38.38.200
PART V—APPOINTMENT AND COMPOSITION
OF COURTS-MARTIAL
38.38.240 [Art. 22] Who may convene general courtsmartial. In the organized militia not in federal service pursuant to Title 10 U.S.C., general courts-martial may be convened by the president or by the governor, or by the adjutant
general. [2009 c 378 § 12; 1989 c 48 § 22; 1963 c 220 § 24.]
38.38.240
38.38.244 [Art. 23] Special courts-martial of organized militia not in federal service—Who may convene.
(1) In the organized militia not in federal service pursuant to
Title 10 U.S.C., anyone authorized to convene a general
court-martial, the commanding officer of a garrison, fort,
post, camp, air base, auxiliary air base, or other place where
troops are on duty, or of a brigade, regiment, wing, group,
detached battalion, separate squadron, or other detached
command may convene special courts-martial. Special
courts-martial may also be convened by superior authority.
When any such officer is an accuser, the court shall be convened by superior competent authority.
(2) A special court-martial may not try a commissioned
officer. [2009 c 378 § 13; 1989 c 48 § 23; 1963 c 220 § 25.]
38.38.244
38.38.248 [Art. 24] Summary courts-martial of organized militia not in federal service—Who may convene.
(1) In the organized militia not in federal service pursuant to
Title 10 U.S.C., anyone authorized to convene a special
court-martial, the commanding officer of a garrison, fort,
post, camp, air base, auxiliary air base, or other place where
troops are on duty, or of a regiment, wing, group, detached
battalion, detached squadron, detached company, or other
detachment may convene a summary court-martial consisting
38.38.248
[Title 38 RCW—page 22]
of one commissioned officer. The proceedings shall be informal.
(2) When only one commissioned officer is present with
a command or detachment the commissioned officer shall be
the summary court-martial of that command or detachment
and shall hear and determine all summary court-martial cases
brought before him or her. Summary courts-martial may,
however, be convened in any case by superior competent
authority when considered desirable. [2009 c 378 § 14; 1989
c 48 § 24; 1963 c 220 § 26.]
38.38.252 [Art. 25] Who may serve on courts-martial. (1) Any commissioned officer of or on duty with the
organized militia is eligible to serve on all courts-martial for
the trial of any person who may lawfully be brought before
such courts for trial.
(2) Any warrant officer of or on duty with the organized
militia is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned
officer, who may lawfully be brought before such courts for
trial.
(3)(a) Any enlisted member of the organized militia who
is not a member of the same unit as the accused is eligible to
serve on general and special courts-martial for the trial of any
enlisted member who may lawfully be brought before such
courts for trial, but shall serve as a member of a court only if,
before the conclusion of a session called by the military judge
under RCW 38.38.380(1) prior to trial or, in the absence of
such a session, before the court is assembled for the trial of
the accused, the accused personally has requested in writing
that enlisted members serve on it. After such a request, the
accused may not be tried by a general or special court-martial
the membership of which does not include enlisted members
in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be
obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may
be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be
appended to the record, stating why they could not be
obtained.
(b) In this section, the word "unit" means any regularly
organized body of the organized militia not larger than a
company, a squadron, or a body corresponding to one of
them.
(4)(a) When it can be avoided, no person subject to this
code may be tried by a court-martial any member of which is
junior to the person in rank or grade.
(b) When convening a court-martial, the convening
authority shall detail as members thereof such members as, in
his or her opinion, are best qualified for the duty by reason of
age, education, training, experience, length of service, and
judicial temperament. No member is eligible to serve as a
member of a general or special court-martial when the member is the accuser or a witness for the prosecution or has acted
as investigating officer or as counsel in the same case.
(c) Before a court-martial is assembled for the trial of a
case, the convening authority may excuse a member of the
court from participating in the case. Under such regulations
as the governor may prescribe, the convening authority may
delegate his or her authority under this subsection to the staff
38.38.252
(2010 Ed.)
Washington Code of Military Justice
judge advocate or to any other principal assistant. [1989 c 48
§ 25; 1963 c 220 § 27.]
38.38.256
38.38.256 [Art. 26] Military judge of a general or special court-martial. (1) A military judge shall be detailed to
each general court-martial. Subject to regulations of the governor, a military judge may be detailed to any special courtmartial. The governor shall prescribe regulations providing
for the manner in which military judges are detailed for such
courts-martial and for the persons who are authorized to
detail military judges for such courts-martial. The military
judge shall preside over each open session of the court-martial to which he or she has been detailed.
(2) A military judge shall be a commissioned officer of
the armed forces who is a member of the bar of a federal court
or a member of the bar of the highest court of a state and who
is certified to be qualified for duty as a military judge by the
state judge advocate.
(3) The military judge of a general court-martial shall be
designated by the state judge advocate or a designee for detail
in accordance with regulations prescribed under subsection
(1) of this section. Unless the court-martial was convened by
the governor, neither the convening authority nor any member of the staff shall prepare or review any report concerning
the effectiveness, fitness, or efficiency of the military judge
so detailed, which relates to performance of duty as a military
judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial
may perform such duties only when he or she is assigned and
directly responsible to the state judge advocate or designee,
and may perform duties of a judicial or nonjudicial nature
other than those relating to the primary duty as a military
judge of a general court-martial when such duties are
assigned by or with the approval of the state judge advocate
or designee.
(4) No person is eligible to act as military judge in a case
if the person is the accuser or a witness for the prosecution or
has acted as investigating officer or a counsel in the same
case.
(5) The military judge of a court-martial may not consult
with the members of the court except in the presence of the
accused, trial counsel, and defense counsel, nor may the military judge vote with the members of the court. [1989 c 48 §
26; 1963 c 220 § 28.]
38.38.258
38.38.258 [Art. 26a] Military judges—Qualifications.
A military judge must be a judge advocate. The adjutant general shall prescribe procedures for certifying, appointing,
detailing, and removing military judges. [2009 c 378 § 6.]
38.38.260
38.38.260 [Art. 27] Detail of trial counsel and defense
counsel. (1)(a) Trial counsel and defense counsel shall be
detailed for each general and special court-martial. Assistant
trial counsel and assistant and associate defense counsel may
be detailed for each general and special court-martial. The
governor shall prescribe regulations providing for the manner
in which counsel are detailed for such courts-martial and for
the persons who are authorized to detail counsel for such
courts-martial.
(2010 Ed.)
38.38.268
(b) No person who has acted as investigating officer,
military judge, or court member in any case may act later as
trial counsel, assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant or
associate defense counsel in the same case. No person who
has acted for the prosecution may act later in the same case
for the defense, nor may any person who has acted for the
defense act later in the same case for the prosecution.
(2) Trial counsel or defense counsel detailed for a general court-martial:
(a) Must be a judge advocate who is a graduate of an
accredited law school or is a member of the bar of a federal
court or of the highest court of a state, or must be a member
of the bar of a federal court or of the highest court of a state;
and
(b) Must be certified as competent to perform such duties
by the state judge advocate.
(3) In the case of a special court-martial:
(a) The accused shall be afforded the opportunity to be
represented at the trial by counsel having the qualifications
prescribed under subsection (2) of this section unless counsel
having such qualifications cannot be obtained on account of
physical conditions or military exigencies. If counsel having
such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall
make a detailed written statement, to be appended to the
record, stating why counsel with such qualifications could
not be obtained;
(b) If the trial counsel is qualified to act as counsel before
a general court-martial, the defense counsel detailed by the
convening authority must be a person similarly qualified; and
(c) If the trial counsel is a judge advocate or a member of
the bar of a federal court or the highest court of a state, the
defense counsel detailed by the convening authority must be
one of the foregoing. [1991 c 43 § 6; 1989 c 48 § 27; 1963 c
220 § 29.]
38.38.264 [Art. 28] Detail or employment of reporters and interpreters. Under such regulations as the governor may prescribe, the convening authority of a general or
special court martial or court of inquiry shall detail or employ
qualified court reporters, who shall record the proceedings of
and testimony taken before that court. Under like regulations
the convening authority of a military court may detail or
employ interpreters who shall interpret for the court. [1963 c
220 § 30.]
38.38.264
38.38.268 [Art. 29] Absent and additional members.
(1) No member of a general or special court-martial may be
absent or excused after the court has been assembled for the
trial of the accused unless excused as a result of a challenge,
excused by the military judge for physical disability or other
good cause, or excused by order of the convening authority
for good cause.
(2) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is
reduced below five members, the trial may not proceed
unless the convening authority details new members sufficient in number to provide not less than five members. The
trial may proceed with the new members present after the
38.38.268
[Title 38 RCW—page 23]
38.38.308
Title 38 RCW: Militia and Military Affairs
recorded evidence previously introduced before the members
of the court has been read to the court in the presence of the
military judge, the accused, and counsel for both sides.
(3) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is
reduced below three members, the trial may not proceed
unless the convening authority details new members sufficient in number to provide not less than three members. The
trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a
verbatim record of the evidence previously introduced before
the members of the court or a stipulation thereof is read to the
court in the presence of the military judge, if any, the
accused, and counsel for both sides.
(4) If the military judge of a court-martial composed of a
military judge only is unable to proceed with the trial because
of physical disability, as a result of a challenge, or for other
good cause, the trial shall proceed, subject to any applicable
conditions of RCW 38.38.172(2) (a) or (b), after the detail of
a new military judge as if no evidence had previously been
introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the
presence of the new military judge, the accused, and counsel
for both sides. [1989 c 48 § 28; 1963 c 220 § 31.]
PART VI—PRETRIAL PROCEDURE
38.38.308 [Art. 30] Charges and specifications. (1)
Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this
code to administer oaths and shall state:
(a) That the signer has personal knowledge of, or has
investigated, the matters set forth therein; and
(b) That they are true in fact to the best of his or her
knowledge and belief.
(2) Upon the preferring of charges, the proper authority
shall take immediate steps to determine what disposition
should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the
charges against him or her as soon as practicable. [1989 c 48
§ 29; 1963 c 220 § 32.]
38.38.308
38.38.312 [Art. 31] Compulsory self-incrimination
prohibited. (1) No person subject to this code may compel a
person to incriminate himself or herself or to answer any
question the answer to which may tend to incriminate himself
or herself.
(2) No person subject to this code may interrogate, or
request any statement from, an accused or a person suspected
of an offense without first informing the person of the nature
of the accusation and advising that the person does not have
to make any statement regarding the offense of which he or
she is accused or suspected and that any statement made by
the person may be used as evidence against him or her in a
trial by court-martial.
(3) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to
the issue and may tend to degrade the person.
(4) No statement obtained from any person in violation
of this section, or through the use of coercion, unlawful influ38.38.312
[Title 38 RCW—page 24]
ence, or unlawful inducement may be received in evidence
against the person in a trial by court-martial. [2009 c 378 §
15; 1989 c 48 § 30; 1963 c 220 § 33.]
38.38.316
38.38.316 [Art. 32] Investigation. (1) No charge or
specification may be referred to a general court-martial for
trial until a thorough and impartial investigation of all the
matters set forth therein has been made. This investigation
shall include inquiry as to the truth of the matter set forth in
the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of
the case in the interest of justice and discipline.
(2) The accused shall be advised of the charges against
him or her and of the right to be represented at that investigation by counsel. The accused has a right to be represented at
that investigation as provided in RCW 38.38.376 and in regulations prescribed under that section.
At that investigation full opportunity shall be given to
the accused to cross-examine witnesses against him or her if
they are available and to present anything the person may
desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available
witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by
a statement of the substance of the testimony taken on both
sides and a copy thereof shall be given to the accused.
(3) If an investigation of the subject matter of an offense
has been conducted before the accused is charged with the
offense, and if the accused was present at the investigation
and afforded the opportunities for representation, crossexamination, and presentation prescribed in subsection (2) of
this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused
after being informed of the charge. A demand for further
investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his
or her own behalf.
(4) If evidence adduced in an investigation under this
chapter indicates that the accused committed an uncharged
offense, the investigating officer may investigate the subject
matter of that offense without the accused having first been
charged with the offense if the accused:
(a) Is present at the investigation;
(b) Is informed of the nature of each uncharged offense
investigated; and
(c) Is afforded the opportunities for representation,
cross-examination, and presentation prescribed in subsection
(2) of this section.
(5) The requirements of this section are binding on all
persons administering this code but failure to follow them
does not divest a military court of jurisdiction. [2009 c 378 §
16; 1989 c 48 § 31; 1963 c 220 § 34.]
38.38.320
38.38.320 [Art. 33] Forwarding of charges. When a
person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is
ordered into arrest or confinement, if practicable, forward the
charges, together with the investigation and allied papers, to
the governor. If that is not practicable, the officer shall report
(2010 Ed.)
Washington Code of Military Justice
in writing to the governor the reasons for delay. [1989 c 48 §
32; 1963 c 220 § 35.]
38.38.324 [Art. 34] Advice of state judge advocate
and reference for trial. (1) Before directing the trial of any
charge by general court-martial, the convening authority
shall refer it to the state judge advocate for consideration and
advice. The convening authority may not refer a charge to a
general court-martial for trial unless he or she has found that
the charge alleges an offense under this code, is warranted by
evidence indicated in the report of the investigation under
RCW 38.38.316, if there is such a report, and the court-martial would have jurisdiction over the accused and the offense.
(2) The advice of the staff judge advocate under subsection (1) of this section with respect to a specification under a
charge shall include a written and signed statement by the
staff judge advocate:
(a) Expressing conclusions with respect to each matter
set forth in subsection (1) of this section; and
(b) Recommending action that the convening authority
take regarding the specification.
If the specification is referred for trial, the recommendation
of the state judge advocate shall accompany the specification.
(3) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as
are needed to make them conform to the evidence may be
made. [1989 c 48 § 33; 1963 c 220 § 36.]
38.38.324
38.38.376
adjudged by the court, or with respect to any other exercise of
its or his or her functions in the conduct of the proceeding. No
person subject to this code may attempt to coerce or, by any
unauthorized means, influence the action of the court-martial
or any other military tribunal or any member thereof, in
reaching the findings or sentence in any case, or the action of
any convening, approving, or reviewing authority with
respect to judicial acts. The foregoing provisions of this section shall not apply with respect to (a) general instructional or
informational courses in military justice if such courses are
designed solely for the purpose of instructing members of a
command in the substantive and procedural aspects of courtsmartial, or (b) to statements and instructions given in open
court by the military judge, president of a special court-martial, or counsel.
(2) In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole
or in part for the purpose of determining whether a member
of the organized militia is qualified to be advanced, in grade,
or in determining the assignment or transfer of a member of
the organized militia, or in determining whether a member of
the organized militia should be retained on active duty, no
person subject to this chapter may, in preparing any such
report (a) consider or evaluate the performance of duty of any
such member of a court-martial, or (b) give a less favorable
rating or evaluation of any member of the organized militia
because of the zeal with which such member, as counsel, represented any accused before a court-martial. [1989 c 48 § 36;
1963 c 220 § 39.]
38.38.376 [Art. 38] Duties of trial counsel and defense
counsel. (1) The trial counsel of a general or special courtmartial shall prosecute in the name of the state, and shall,
under the direction of the court, prepare the record of the proceedings.
(2) The accused has the right to be represented in his or
her defense before a general or special court-martial or at an
investigation under RCW 38.38.316 as provided in this subsection.
(a) The accused may be represented by civilian counsel
if provided at his or her own expense.
(b) The accused may be represented by:
(i) Military counsel detailed under RCW 38.38.260; or
(ii) Military counsel of his or her own selection if that
counsel is reasonably available, as determined under regulations prescribed under subsection (3) of this section.
(c) If the accused is represented by civilian counsel, military counsel detailed or selected under (b) of this subsection
shall act as associate counsel unless excused at the request of
the accused.
(d) Except as provided under (e) of this subsection, if the
accused is represented by military counsel of his or her own
selection under (b)(ii) of this subsection, any military counsel
detailed under (b)(i) of this subsection shall be excused.
(e) The accused is not entitled to be represented by more
than one military counsel. However, the person authorized
under regulations prescribed under RCW 38.38.260 to detail
counsel in his or her sole discretion:
(i) May detail additional military counsel as assistant
defense counsel; and
38.38.376
38.38.328 [Art. 35] Service of charges. The trial counsel to whom court-martial charges are referred for trial shall
cause to be served upon the accused a copy of the charges
upon which trial is to be had. In time of peace no person may,
against his or her objection, be brought to trial or be required
to participate by himself or counsel in a session called by a
military judge under RCW 38.38.380(1), in a general courtmartial within a period of five days after the service of the
charges upon him or her, or before a special court-martial
within a period of three days after the service of the charges
upon him or her. [1989 c 48 § 34; 1963 c 220 § 37.]
38.38.328
PART VII—TRIAL PROCEDURE
38.38.368 [Art. 36] Governor may prescribe rules.
The procedure, including modes of proof, in cases before
military courts and other military tribunals may be prescribed
by the governor by regulations, which shall, so far as the governor considers practicable, apply the principles of law and
the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to or inconsistent with this code. [1989 c 48 § 35; 1963
c 220 § 38.]
38.38.368
38.38.372 [Art. 37] Unlawfully influencing action of
court. (1) No authority convening a general, special, or summary court-martial nor any other commanding officer, or
officer serving on the staff thereof, may censure, reprimand,
or admonish the court or any member, military judge, or
counsel thereof, with respect to the findings or sentence
38.38.372
(2010 Ed.)
[Title 38 RCW—page 25]
38.38.380
Title 38 RCW: Militia and Military Affairs
(ii) If the accused is represented by military counsel of
his or her own selection under (b)(ii) of this subsection, may
approve a request from the accused that military counsel
detailed under (b)(i) of this subsection act as associate
defense counsel.
(3) The state judge advocate shall, by regulation, define
"reasonably available" for the purpose of subsection (2) of
this section and establish procedures for determining whether
the military counsel selected by an accused under subsection
(2) of this section is reasonably available.
(4) In any court-martial proceeding resulting in a conviction, the defense counsel:
(a) May forward for attachment to the record of proceedings a brief of such matters as he or she determines should be
considered in behalf of the accused on review, including any
objection to the contents of the record which he or she considers appropriate;
(b) Shall assist the accused in the submission of any matter under RCW 38.38.536; and
(c) May take other action authorized by this chapter.
(5) An assistant trial counsel of a general court-martial
may, under the direction of the trial counsel or when qualified
to be a trial counsel as required by RCW 38.38.260, perform
any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial
counsel of a special court-martial may perform any duty of
the trial counsel.
(6) An assistant defense counsel of a general or special
court-martial may, under the direction of the defense counsel
or when qualified to be the defense counsel as required by
RCW 38.38.260, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the
accused. [2009 c 378 § 17; 1989 c 48 § 37; 1963 c 220 § 40.]
38.38.380 [Art. 39] Sessions. (1) At any time after the
service of charges which have been referred for trial to a
court-martial composed of a military judge and members, the
military judge may, subject to RCW 38.38.328, call the court
into session without the presence of the members for the purpose of:
(a) Hearing and determining motions raising defenses or
objections which are capable of determination without trial of
the issues raised by a plea of not guilty;
(b) Hearing and ruling upon any matter which may be
ruled upon by the military judge under this chapter, whether
or not the matter is appropriate for later consideration or decision by the members of the court;
(c) Holding the arraignment and receiving the pleas of
the accused; and
(d) Performing any other procedural function which may
be performed by the military judge under this chapter or
under rules prescribed pursuant to RCW 38.38.368 and
which does not require the presence of the members of the
court.
These proceedings shall be conducted in the presence of the
accused, the defense counsel, and the trial counsel and shall
be made a part of the record.
(2) When the members of a court-martial deliberate or
vote, only the members may be present. All other proceedings, including any other consultation of the members of the
court with counsel or the military judge, shall be made a part
38.38.380
[Title 38 RCW—page 26]
of the record and shall be in the presence of the accused, the
defense counsel, the trial counsel, and in cases in which a
military judge has been detailed to the court, the military
judge. [1989 c 48 § 38; 1963 c 220 § 41.]
38.38.384 [Art. 40] Continuances. The military judge
or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time and
as often as may appear to be just. [1989 c 48 § 39; 1963 c 220
§ 42.]
38.38.384
38.38.388 [Art. 41] Challenges. (1) The military judge
and members of a general or special court-martial may be
challenged by the accused or the trial counsel for cause stated
to the court. The military judge or, if none, the court shall
determine the relevance and validity of challenges for cause
and may not receive a challenge to more than one person at a
time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2) If exercise of a challenge for cause reduces the court
below the minimum number of members required by RCW
38.38.172, all parties shall, notwithstanding RCW 38.38.268,
either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.
(3) Each accused and the trial counsel is entitled to one
peremptory challenge, but the military judge may not be challenged except for cause.
(4) If exercise of a peremptory challenge reduces the
court below the minimum number of members required by
RCW 38.38.172, the parties shall, notwithstanding RCW
38.38.268, either exercise or waive any remaining peremptory challenge, that has not been previously waived, against
the remaining members of the court before additional members are detailed to the court.
(5) Whenever additional members are detailed to the
court, and after any challenges for cause against such additional members are presented and decided, each accused and
the trial counsel are entitled to one peremptory challenge
against members not previously subject to peremptory challenge. [2009 c 378 § 18; 1989 c 48 § 40; 1963 c 220 § 43.]
38.38.388
38.38.392 [Art. 42] Oaths. (1) Before performing their
respective duties, military judges, members of general and
special courts-martial, trial counsel, assistant trial counsel,
defense counsel, assistant or associate defense counsel,
reporters, and interpreters shall take an oath to perform their
duties faithfully. The form of the oath, the time and place of
the taking thereof, the manner of recording the same, and
whether the oath shall be taken for all cases in which these
duties are to be performed or for a particular case, shall be as
prescribed in regulations of the governor. These regulations
may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense
counsel, or assistant or associate defense counsel may be
taken at any time by a judge advocate or other person certified to be qualified or competent for the duty, and if such an
oath is taken it need not again be taken at the time the judge
advocate, or other person, is detailed to that duty.
38.38.392
(2010 Ed.)
Washington Code of Military Justice
38.38.412
(2) Each witness before a court-martial shall be examined on oath. [1989 c 48 § 41; 1963 c 220 § 44.]
accused is a trial in the sense of this section. [1989 c 48 § 43;
1963 c 220 § 46.]
38.38.396 [Art. 43] Statute of limitations. (1) A person charged with desertion or absence without leave in time
of war, or with aiding the enemy or with mutiny may be tried
and punished at any time without limitation.
(2) Except as otherwise provided in this section, a person
charged with desertion in time of peace or with the offense
punishable under RCW 38.38.784 is not liable to be tried by
court-martial if the offense was committed more than three
years before the receipt of sworn charges and specifications
by an officer exercising summary court-martial jurisdiction
over the command.
(3) Except as otherwise provided in this section, a person
charged with any offense is not liable to be tried by courtmartial or punished under RCW 38.38.132 if the offense was
committed more than two years before the receipt of sworn
charges and specifications by an officer exercising summary
court-martial jurisdiction over the command or before the
imposition of punishment under RCW 38.38.132.
(4) Periods in which the accused was absent from territory in which the state has the authority to apprehend the
accused, or in the custody of civil authorities, or in the hands
of the enemy, shall be excluded in computing the period of
limitation prescribed in this section.
(5) If charges or specifications are dismissed as defective
or insufficient for any cause and the period prescribed by the
applicable statute of limitations:
(a) Has expired; or
(b) Will expire within one hundred eighty days after the
date of dismissal of the charges and specifications[,]
[then] trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in subsection (6) of this section are met.
(6) The conditions referred to in subsection (5) of this
section are that the new charges and specifications must:
(a) Be received by an officer exercising summary courtmartial jurisdiction over the command within one hundred
eighty days after the dismissal of the charges or specifications; and
(b) Allege the same acts or omissions that were alleged
in the dismissed charges or specifications or allege acts or
omissions that were included in the dismissed charges or
specifications. [2009 c 378 § 19; 1989 c 48 § 42; 1963 c 220
§ 45.]
38.38.404 [Art. 45] Pleas of the accused. (1) If an
accused arraigned before a court-martial makes an irregular
pleading, or after a plea of guilty sets up matter inconsistent
with the plea, or if it appears that the accused has entered the
plea of guilty improvidently or through lack of understanding
of its meaning and effect, or if the accused fails or refuses to
plead, a plea of not guilty shall be entered in the record, and
the court shall proceed as though the accused had pleaded not
guilty.
(2) With respect to any other charge or specification to
which a plea of guilty has been made by the accused and
accepted by the military judge or by a court-martial without a
military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding
shall constitute the finding of the court unless the plea of
guilty is withdrawn prior to announcement of the sentence, in
which event the proceedings shall continue as though the
accused had pleaded not guilty. [1991 c 43 § 7; 1989 c 48 §
44; 1963 c 220 § 47.]
38.38.396
38.38.400 [Art. 44] Former jeopardy. (1) No person
may, without the person’s consent, be tried a second time in
any military court of the state for the same offense.
(2) No proceeding in which an accused has been found
guilty by a court-martial upon any charge or specification is a
trial in the sense of this section until the finding of guilty has
become final after review of the case has been fully completed.
(3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the
convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the
38.38.400
(2010 Ed.)
38.38.404
38.38.408 [Art. 46] Opportunity to obtain witnesses
and other evidence. (1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to
obtain witnesses and other evidence in accordance with such
regulations as the governor may prescribe.
(2) The president of a special court-martial, military
judge, military magistrate, or a summary court officer may:
(a) Issue a warrant for the arrest of any accused person
who, having been served with a warrant and a copy of the
charges, disobeys a written order by the convening authority
to appear before the court;
(b) Issue subpoenas duces tecum and other subpoenas;
(c) Enforce by attachment the attendance of witnesses
and the production of books and papers; and
(d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
(3) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of
other evidence shall run to any part of the state and shall be
executed by civil officers as prescribed by the laws of the
state. [2009 c 378 § 20; 1989 c 48 § 45; 1963 c 220 § 48.]
38.38.408
38.38.412 [Art. 47] Refusal to appear or testify—
Penalty. (1) Any person not subject to this code who:
(a) Has been duly subpoenaed to appear as a witness or
to produce books and records before a court-martial, military
commission, court of inquiry, or any other military court or
board, or before any military or civil officer designated to
take a deposition to be read in evidence before such a court,
commission, or board;
(b) Has been duly paid or tendered the fees and mileage
of a witness at the rates allowed to witnesses attending the
superior court of the state; and
(c) Willfully neglects or refuses to appear, or refuses to
qualify as a witness or to testify or to produce any evidence
which that person may have been legally subpoenaed to produce;
38.38.412
[Title 38 RCW—page 27]
38.38.416
Title 38 RCW: Militia and Military Affairs
is guilty of an offense against the state.
(2) Any person who commits an offense named in subsection (1) of this section shall be tried before the superior
court of this state having jurisdiction and jurisdiction is conferred upon those courts for that purpose. Upon conviction,
such a person shall be punished by a fine of not more than
five hundred dollars, or imprisonment for not more than six
months, or both.
(3) The prosecuting attorney in any such court, upon the
certification of the facts by the military court, commission,
court of inquiry, or board, shall prosecute any person violating this section. [2009 c 378 § 21; 1989 c 48 § 46; 1963 c 220
§ 49.]
the duly authenticated record of proceedings of a court of
inquiry, of a person whose oral testimony cannot be obtained,
may, if otherwise admissible under the rules of evidence, be
read in evidence by any party before a court martial if the
accused was a party before the court of inquiry and if the
same issue was involved or if the accused consents to the
introduction of such evidence.
(2) Such testimony may be read in evidence only by the
defense in cases extending to the dismissal of a commissioned officer.
(3) Such testimony may also be read in evidence before
a court of inquiry or a military board. [1963 c 220 § 52.]
38.38.428 [Art. 51] Voting, rulings, instructions. (1)
Voting by members of a general or special court-martial on
the findings and on the sentence, and by members of a courtmartial without a military judge upon questions of challenge,
shall be by secret written ballot. The junior member of the
court shall count the votes. The count shall be checked by the
president, who shall forthwith announce the result of the ballot to the members of the court.
(2) The military judge and, except for questions of challenge, the president of a court-martial without a military
judge shall rule upon all questions of law and all interlocutory
questions arising during the proceedings. Any such ruling
made by the military judge upon any question of law or any
interlocutory question other than the factual issue of mental
responsibility of the accused, or by the president of a courtmartial without a military judge upon any question of law
other than a motion for a finding of not guilty, is final and
constitutes the ruling of the court. However, the military
judge or the president of a court-martial without a military
judge may change a ruling at any time during the trial. Unless
the ruling is final, if any member objects thereto, the court
shall be cleared and closed and the question decided by a vote
as provided in RCW 38.38.432, beginning with the junior in
rank.
(3) Before a vote is taken on the findings, the military
judge or the president of a court-martial without a military
judge shall, in the presence of the accused and counsel,
instruct the members of the court as to the elements of the
offense and charge them:
(a) That the accused must be presumed to be innocent
until guilt is established by legal and competent evidence
beyond reasonable doubt;
(b) That in the case being considered, if there is reasonable doubt as to the guilt of the accused, the doubt must be
resolved in favor of the accused and the accused must be
acquitted;
(c) That, if there is a reasonable doubt as to the degree of
guilt, the finding must be in a lower degree to which there is
no reasonable doubt; and
(d) That the burden of proof to establish the guilt of the
accused beyond reasonable doubt is upon the state.
(4) Subsections (1), (2), and (3) of this section do not
apply to a court-martial composed of a military judge only.
The military judge of such a court-martial shall determine all
questions of law and fact arising during the proceedings and,
if the accused is convicted, adjudge an appropriate sentence.
The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts spe38.38.428
38.38.416 [Art. 48] Contempts. A military court may
punish for contempt any person who uses any menacing
word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not
exceed confinement for thirty days or a fine of one hundred
dollars, or both. [1963 c 220 § 50.]
38.38.416
38.38.420 [Art. 49] Depositions. (1) At any time after
charges have been signed, as provided in RCW 38.38.308,
any party may take oral or written depositions unless a military judge or court-martial without a military judge hearing
the case, or if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges
forbids it for good cause. If a deposition is to be taken before
charges are referred for trial, such an authority may designate
commissioned officers to represent the prosecution and the
defense and may authorize those officers to take the deposition of any witness.
(2) The party at whose instance a deposition is to be
taken shall give to every other party reasonable written notice
of the time and place for taking the deposition.
(3) Depositions may be taken before and authenticated
by any military or civil officer authorized by the laws of the
state or by the laws of the place where the deposition is taken
to administer oaths.
(4) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible
under the rules of evidence, may be read in evidence or, in the
case of audiotape, videotape, or similar material, may be
played in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:
(a) That the witness resides or is beyond the state in
which the court-martial or court of inquiry is ordered to sit, or
beyond the distance of one hundred miles from the place of
trial or hearing;
(b) That the witness by reason of death, age, sickness,
bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or
refuses to appear and testify in person at the place of trial or
hearing; or
(c) That the present whereabouts of the witness is
unknown. [1989 c 48 § 47; 1963 c 220 § 51.]
38.38.420
38.38.424 [Art. 50] Admissibility of records of courts
of inquiry. (1) In any case not extending to the dismissal of
a commissioned officer, the sworn testimony, contained in
38.38.424
[Title 38 RCW—page 28]
(2010 Ed.)
Washington Code of Military Justice
cially. If an opinion or memorandum of decision is filed, it
will be sufficient if the findings of fact appear therein. [1989
c 48 § 48; 1963 c 220 § 53.]
38.38.432 [Art. 52] Number of votes required. (1) No
person may be convicted of an offense, except as provided in
RCW 38.38.404(2) or by the concurrence of two-thirds of the
members present at the time the vote is taken.
(2) All sentences shall be determined by the concurrence
of two-thirds of the members present at the time that the vote
is taken.
(3) All other questions to be decided by the members of
a general or special court-martial shall be determined by a
majority vote, but a determination to reconsider a finding of
guilty, or to reconsider a sentence with a view towards
decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of
votes required for that finding or sentence. A tie vote on a
challenge disqualifies the member challenged. A tie vote on a
motion for a finding of not guilty or on a motion relating to
the question of the accused’s sanity is a determination against
the accused. A tie vote on any other question is a determination in favor of the accused. [1989 c 48 § 49; 1963 c 220 §
54.]
38.38.432
38.38.436 [Art. 53] Court to announce action. A
court martial shall announce its findings and sentence to the
parties as soon as determined. [1963 c 220 § 55.]
38.38.436
38.38.440 [Art. 54] Record of trial. (1) Each general
court-martial shall keep a separate record of the proceedings
in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record
cannot be authenticated by the military judge by reason of
death, disability, or absence, it shall be authenticated by the
signature of the trial counsel or by that of a member if the trial
counsel is unable to authenticate it by reason of death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court
reporter under the same conditions which would impose such
a duty on a member under this subsection.
(2) Each special and summary court-martial shall keep a
separate record of the proceedings in each case, and the
record shall be authenticated in the manner required by such
regulations as the governor may prescribe.
(3)(a) A complete record of the proceedings and testimony shall be prepared:
(i) In each general court-martial case in which the sentence adjudged includes a dismissal, a discharge, or, if the
sentence adjudged does not include a discharge, any other
punishment which exceeds that which may otherwise be
adjudged by a special court-martial; and
(ii) In each special court-martial case in which the sentence adjudged includes a dishonorable discharge.
(b) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the
governor.
(4) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as
soon as it is authenticated. [1989 c 48 § 50; 1963 c 220 § 56.]
38.38.492
PART VIII—SENTENCES
38.38.480 [Art. 55] Cruel and unusual punishments
prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual
punishment, may not be adjudged by any court martial or
inflicted upon any person subject to this code. The use of
irons, single or double, except for the purpose of safe custody, is prohibited. [1963 c 220 § 57.]
38.38.480
38.38.484 [Art. 56] Maximum limits—Reduction in
pay grade. (1) The punishment which a court-martial may
direct for an offense may not exceed limits prescribed by this
code.
(2) Unless otherwise provided in regulations to be prescribed by the governor, a court-martial sentence of an
enlisted member in a pay grade above E-1, as approved by the
convening authority, that includes a dishonorable discharge
reduces that member to pay grade E-1, effective on the date
of that approval.
(3) If the sentence of a member who is reduced in pay
grade under subsection (2) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (2) of this section, the rights and
privileges of which the member was deprived because of that
reduction shall be restored and the member is entitled to the
pay and allowances to which the member would have been
entitled for the period the reduction was in effect, had he or
she not been so reduced. [1989 c 48 § 51; 1963 c 220 § 58.]
38.38.484
38.38.440
(2010 Ed.)
38.38.488 [Art. 57] Effective date of sentences. (1) No
forfeiture may extend to any pay or allowances accrued
before the date on which the sentence is approved by the person acting under RCW 38.38.536.
(2) Any period of confinement included in a sentence of
a court-martial begins to run from the date the sentence is
ordered to be executed by the convening authority, but periods during which the sentence to confinement is suspended
or deferred shall be excluded in computing the service of the
term of confinement. Regulations prescribed by the governor
may provide that sentences of confinement may not be executed until approved by designated officers.
(3) All other sentences of courts-martial are effective on
the date ordered executed.
(4) On application by an accused who is under sentence
to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his or
her jurisdiction, the officer exercising general court-martial
jurisdiction over the command to which the accused is currently assigned, may, in his or her sole discretion, defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment
may be rescinded at any time by the officer who granted it or,
if the accused is no longer under his or her jurisdiction, by the
officer exercising general court-martial jurisdiction over the
command to which the accused is currently assigned. [1989
c 48 § 52; 1963 c 220 § 59.]
38.38.488
38.38.492 [Art. 58] Execution of confinement. (1) A
sentence of confinement adjudged by a military court,
38.38.492
[Title 38 RCW—page 29]
38.38.532
Title 38 RCW: Militia and Military Affairs
whether or not the sentence includes discharge or dismissal,
and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any
place of confinement under the control of any of the forces of
the organized militia or in any jail, penitentiary, or prison
designated for that purpose. Persons so confined in a jail,
penitentiary, or prison are subject to the same discipline and
treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political
subdivision thereof.
(2) The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence
or punishment of the power to require hard labor as a part of
the punishment.
(3) The keepers, officers, and wardens of city or county
jails and of other jails, penitentiaries, or prisons designated
by the governor, or by such person as the governor may
authorize to act under RCW 38.38.080, shall receive persons
ordered into confinement before trial and persons committed
to confinement by a military court and shall confine them
according to law. No such keeper, officer, or warden may
require payment of any fee or charge for so receiving or confining a person. [1989 c 48 § 53; 1963 c 220 § 60.]
PART IX—REVIEW OF COURTS-MARTIAL
38.38.532 [Art. 59] Execution of sentence—Suspension of sentence. Except as provided in RCW 38.38.196 and
38.38.556, a court-martial sentence, unless suspended, may
be ordered executed by the convening authority when
approved by him or her. The convening authority shall
approve the sentence or such part, amount, or commuted
form of the sentence as he or she sees fit, and may suspend
the execution of the sentence as approved by him or her.
[1989 c 48 § 54; 1963 c 220 § 61.]
38.38.532
(2) Where there is an apparent error or omission in the
record or where the record shows improper or inconsistent
action by a court martial with respect to a finding or sentence
which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may
return the record to the court for appropriate action. In no
case, however, may the record be returned:
(a) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;
(b) For reconsideration of a finding of not guilty of any
charge, unless the record shows a finding of guilty under a
specification laid under that charge, which sufficiently
alleges a violation of some section of this code; or
(c) For increasing the severity of the sentence unless the
sentence prescribed for the offense is mandatory. [1963 c
220 § 64.]
38.38.548 [Art. 63] Rehearings. (1) If the convening
authority disapproves the findings and sentence of a court
martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.
In such a case he shall state the reasons for disapproval. If he
disapproves the findings and sentence and does not order a
rehearing, he shall dismiss the charges.
(2) Each rehearing shall take place before a court martial
composed of members not members of the court martial
which first heard the case. Upon a rehearing the accused may
not be tried for any offense of which he was found not guilty
by the first court martial, and no sentence in excess of or
more severe than the original sentence may be imposed,
unless the sentence is based upon a finding of guilty of an
offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is
mandatory. [1963 c 220 § 65.]
38.38.548
38.38.552 [Art. 64] Approval by the convening
authority. In acting on the findings and sentence of a court
martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the
sentence, as he finds correct in law and fact and as he in his
discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the
findings and sentence. [1963 c 220 § 66.]
38.38.552
38.38.536 [Art. 60] Initial action on the record. After
a trial by court martial the record shall be forwarded to the
convening authority, as reviewing authority, and action
thereon may be taken by the person who convened the court,
a commissioned officer commanding for the time being, a
successor in command, or by the governor. [1963 c 220 §
62.]
38.38.536
38.38.540 [Art. 61] Initial action on the record—
General court-martial records. The convening authority
shall refer the record of each general court-martial to the staff
judge advocate, who shall submit a written opinion thereon to
the convening authority. If the final action of the court has
resulted in an acquittal of all charges and specifications, the
opinion shall be limited to questions of jurisdiction. [1989 c
48 § 55; 1963 c 220 § 63.]
38.38.540
38.38.544 [Art. 62] Reconsideration and revision. (1)
If a specification before a court martial has been dismissed on
motion and the ruling does not amount to a finding of not
guilty, the convening authority may return the record to the
court for reconsideration of the ruling and any further appropriate action.
38.38.544
[Title 38 RCW—page 30]
38.38.556 [Art. 65] Review of records—Disposition.
(1) If the convening authority is the governor, the governor’s
action on the review of any record of trial is final.
(2) In all other cases not covered by subsection (1), if the
sentence of a special court-martial as approved by the convening authority includes a dishonorable discharge, whether
or not suspended, the entire record shall be sent to the appropriate staff judge advocate of the state force concerned to be
reviewed in the same manner as a record of trial by general
court-martial. The record and the opinion of the staff judge
advocate shall then be sent to the state judge advocate for
review.
(3) All other special and summary court-martial records
shall be sent to the judge advocate of the appropriate force of
the organized militia and shall be acted upon, transmitted,
38.38.556
(2010 Ed.)
Washington Code of Military Justice
and disposed of as may be prescribed by regulations of the
governor.
(4) The state judge advocate shall review the record of
trial in each case sent for review as provided under subsection
(2) of this section. If the final action of the court-martial has
resulted in an acquittal of all charges and specifications, the
opinion of the state judge advocate is limited to questions of
jurisdiction.
(5) The state judge advocate shall take final action in any
case reviewable by the state judge advocate.
(6) In a case reviewable by the state judge advocate
under this section, the state judge advocate may act only with
respect to the findings and sentence as approved by the convening authority. The state judge advocate may affirm only
such findings of guilty, and the sentence or such part or
amount of the sentence, as the state judge advocate finds correct in law and fact and determines, on the basis of the entire
record, should be approved. In considering the record, the
state judge advocate may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of
fact, recognizing that the trial court saw and heard the witnesses. If the state judge advocate sets aside the findings and
sentence, the state judge advocate may, except where the setting aside is based on lack of sufficient evidence in the record
to support the findings, order a rehearing. If the state judge
advocate sets aside the findings and sentence and does not
order a rehearing, he shall order that the charges be dismissed.
(7) In a case reviewable by the state judge advocate
under this section, the state judge advocate shall instruct the
convening authority to act in accordance with the state judge
advocate’s decision on the review. If the state judge advocate
has ordered a rehearing but the convening authority finds a
rehearing impracticable, the state judge advocate may dismiss the charges.
(8) The state judge advocate may order one or more
boards of review each composed of not less than three commissioned officers of the organized militia, each of whom
must be a member of the bar of the highest court of the state.
Each board of review shall review the record of any trial by
special court-martial, including a sentence to a dishonorable
discharge, referred to it by the state judge advocate. Boards of
review have the same authority on review as the state judge
advocate has under this section. [1989 c 48 § 56; 1963 c 220
§ 67.]
38.38.560
38.38.560 [Art. 66] Error of law—Lesser included
offense. (1) A finding or sentence of a court martial may not
be held incorrect on the ground of an error of law unless the
error materially prejudices the substantial rights of the
accused.
(2) Any reviewing authority with the power to approve
or affirm a finding of guilty may approve or affirm so much
of the finding as includes a lesser included offense. [1963 c
220 § 68.]
38.38.564
38.38.564 [Art. 67] Review counsel. (1) Upon the final
review of a sentence of a general court-martial, the accused
has the right to be represented by counsel before the review(2010 Ed.)
38.38.580
ing authority, before the staff judge advocate, and before the
state judge advocate.
(2) Upon the request of an accused entitled to be so represented, the state judge advocate shall appoint a lawyer who
is a member of the organized militia and who has the qualifications prescribed in RCW 38.38.260, if available, to represent the accused before the reviewing authority, before the
staff judge advocate, and before the state judge advocate, in
the review of cases specified in subsection (1) of this section.
(3) If provided by the accused, an accused entitled to be
so represented may be represented by civilian counsel before
the reviewing authority, before the staff judge advocate, and
before the state judge advocate. [1991 c 43 § 8; 1989 c 48 §
57; 1963 c 220 § 69.]
38.38.568 [Art. 68] Vacation of suspension. (1)
Before the vacation of the suspension of a special court-martial sentence, or of any general court-martial sentence, the
officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by
counsel if the probationer so desires.
(2) The record of the hearing and the recommendation of
the officer having special court-martial jurisdiction shall be
sent for action to the governor in cases involving a general
court-martial sentence and to the commanding officer of the
force of the organized militia of which the probationer is a
member in all other cases covered by subsection (1) of this
section. If the governor or commanding officer vacates the
suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(3) The suspension of any other sentence may be vacated
by any authority competent to convene, for the command in
which the accused is serving or assigned, a court of the kind
that imposed the sentence. [1989 c 48 § 58; 1963 c 220 § 70.]
38.38.568
38.38.572 [Art. 69] Petition for a new trial. At any
time within two years after approval by the convening
authority of a court-martial sentence which extends to dismissal or dishonorable discharge, the accused may petition
the governor for a new trial on ground of newly discovered
evidence or fraud on the court-martial. [1989 c 48 § 59; 1963
c 220 § 71.]
38.38.572
38.38.576 [Art. 70] Remission and suspension. (1) A
convening authority may remit or suspend any part or amount
of the unexecuted part of any sentence, including all uncollected forfeitures.
(2) The governor may, for good cause, substitute an
administrative form of discharge for a discharge or dismissal
executed in accordance with the sentence of a court martial.
[1963 c 220 § 72.]
38.38.576
38.38.580 [Art. 71] Restoration. (1) Under such regulations as the governor may prescribe, all rights, privileges,
and property affected by an executed part of a court-martial
sentence which has been set aside or disapproved, except an
executed dismissal or discharge, shall be restored unless a
new trial or rehearing is ordered and such executed part is
included in a sentence imposed upon a new trial or rehearing.
38.38.580
[Title 38 RCW—page 31]
38.38.584
Title 38 RCW: Militia and Military Affairs
(2) If a previously executed sentence of dishonorable
discharge is not imposed on a new trial, the governor shall
substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the
remainder of his enlistment.
(3) If a previously executed sentence of dismissal is not
imposed on a new trial, the governor shall substitute therefor
a form of discharge authorized for administrative issue, and
the commissioned officer dismissed by that sentence may be
reappointed by the governor alone to such commissioned
grade and with such rank as in the opinion of the governor
that former officer would have attained had he not been dismissed. The reappointment of such a former officer may be
made if a position vacancy is available under applicable
tables of organization. All time between the dismissal and
reappointment shall be considered as service for all purposes.
[1989 c 48 § 60; 1963 c 220 § 73.]
38.38.640 [Art. 80] Attempts. (1) An act, done with
specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though
failing to effect its commission, is an attempt to commit that
offense.
(2) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as
a court martial may direct, unless otherwise specifically prescribed.
(3) Any person subject to this code may be convicted of
an attempt to commit an offense although it appears on the
trial that the offense was consummated. [1963 c 220 § 79.]
38.38.640
38.38.644 [Art. 81] Conspiracy. Any person subject to
this code who conspires with any other person to commit an
offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court martial may direct. [1963 c 220 § 80.]
38.38.644
38.38.584
38.38.584 [Art. 72] Finality of proceedings, findings
and sentences. The proceedings, findings and sentences of
courts martial as reviewed and approved, as required by this
code, and all dismissals and discharges carried into execution
under sentences by courts martial following review and
approval, as required by this code, are final and conclusive.
Orders publishing the proceedings of courts martial and all
action taken pursuant to those proceedings are binding upon
all departments, courts, agencies, and officers of the state,
subject only to action upon a petition for a new trial as provided in RCW 38.38.572. [1963 c 220 § 74.]
PART X—PUNITIVE ARTICLES
38.38.624
38.38.624 [Art. 76] Persons to be tried or punished.
No person may be tried or punished for any offense provided
for in RCW 38.38.628 through 38.38.800, unless he or she
was a member of the organized militia at the time of the
offense. [2009 c 378 § 22; 1963 c 220 § 75.]
38.38.628
38.38.628 [Art. 77] Principals. Any person subject to
this code who:
(1) Commits an offense punishable by this code, or aids,
abets, counsels, commands, or procures its commission; or
(2) Causes an act to be done which if directly performed
by him would be punishable by this code;
is a principal. [1963 c 220 § 76.]
38.38.648 [Art. 82] Solicitation. (1) Any person subject to this code who solicits or advises another or others to
desert in violation of RCW 38.38.660 or mutiny in violation
of RCW 38.38.696 shall, if the offense solicited or advised is
attempted or committed, be punished with the punishment
provided for the commission of the offense, but, if the offense
solicited or advised is not committed or attempted, he shall be
punished as a court martial may direct.
(2) Any person subject to this code who solicits or
advises another or others to commit an act of misbehavior
before the enemy in violation of RCW 38.38.716 or sedition
in violation of RCW 38.38.696 shall, if the offense solicited
or advised is committed, be punished with the punishment
provided for the commission of the offense, but, if the offense
solicited or advised is not committed, he shall be punished as
a court martial may direct. [1963 c 220 § 81.]
38.38.648
38.38.652 [Art. 83] Fraudulent enlistment, appointment, or separation. Any person who:
(1) Procures his or her own enlistment or appointment in
the organized militia by knowingly false representation or
deliberate concealment as to qualifications for that enlistment
or appointment and receives pay or allowances thereunder; or
(2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate
concealment as to eligibility for that separation;
shall be punished as a court-martial may direct. [1989 c 48 §
61; 1963 c 220 § 82.]
38.38.652
38.38.632
38.38.632 [Art. 78] Accessory after the fact. Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or
assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court
martial may direct. [1963 c 220 § 77.]
38.38.636
38.38.636 [Art. 79] Conviction of lesser included
offense. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to
commit either the offense charged or an offense necessarily
included therein. [1963 c 220 § 78.]
[Title 38 RCW—page 32]
38.38.656 [Art. 84] Unlawful enlistment, appointment, or separation. Any person subject to this code who
effects an enlistment or appointment in or a separation from
the organized militia of any person who is known to the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order
shall be punished as a court-martial may direct. [1989 c 48 §
62; 1963 c 220 § 83.]
38.38.656
38.38.660 [Art. 85] Desertion. (1) Any member of the
organized militia who:
38.38.660
(2010 Ed.)
Washington Code of Military Justice
(a) Without authority goes or remains absent from the
member’s unit, organization, or place of duty with intent to
remain away therefrom permanently;
(b) Quits the member’s unit, organization or place of
duty with intent to avoid hazardous duty or to shirk important
service; or
(c) Without being regularly separated from one of the
organized militia enlists or accepts an appointment in the
same or another one of the organized militia, or in one of the
armed forces of the United States, without fully disclosing
the fact that he or she has not been regularly separated;
is guilty of desertion.
(2) Any commissioned officer of the organized militia
who, after tender of a resignation and before notice of its
acceptance, quits his or her post or proper duties without
leave and with intent to remain away therefrom permanently
is guilty of desertion.
(3) Any person found guilty of desertion or attempt to
desert shall be punished as a court-martial may direct. [1989
c 48 § 63; 1963 c 220 § 84.]
38.38.664 [Art. 86] Absence without leave. Any person subject to this code who, without authority:
(1) Fails to go to his appointed place of duty at the time
prescribed;
(2) Goes from that place; or
(3) Absents himself or remains absent from his unit,
organization, or place of duty at which he is required to be at
the time prescribed;
shall be punished as a court martial may direct. [1963 c 220
§ 85.]
38.38.664
38.38.668 [Art. 87] Missing movement. Any person
subject to this code who through neglect or design misses the
movement of a ship, aircraft, or unit with which he is required
in the course of duty to move shall be punished as a court
martial may direct. [1963 c 220 § 86.]
38.38.668
38.38.672 [Art. 88] Contempt towards officials. Any
person subject to this code who uses contemptuous words
against the president, the governor, or the governor of any
other state, territory, commonwealth, or possession in which
that person may be serving, shall be punished as a court martial may direct. [1963 c 220 § 87.]
38.38.672
38.38.676 [Art. 89] Disrespect towards superior commissioned officer. Any person subject to this code who
behaves with disrespect towards his superior commissioned
officer shall be punished as a court martial may direct. [1963
c 220 § 88.]
38.38.676
38.38.680 [Art. 90] Assaulting or wilfully disobeying
superior commissioned officer. Any person subject to this
code who:
(1) Strikes his superior commissioned officer or draws or
lifts up any weapon or offers any violence against him while
he is in the execution of his office; or
(2) Wilfully disobeys a lawful command of his superior
commissioned officer;
38.38.680
(2010 Ed.)
38.38.700
shall be punished as a court martial may direct. [1963 c 220
§ 89.]
38.38.684 [Art. 91] Insubordinate conduct toward
warrant officer or noncommissioned officer. Any warrant
officer or enlisted member who:
(1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the
officer’s office;
(2) Wilfully disobeys the lawful order of a warrant
officer or noncommissioned officer; or
(3) Treats with contempt or is disrespectful in language
or deportment toward a warrant officer or noncommissioned
officer while that officer is in the execution of the officer’s
office;
shall be punished as a court-martial may direct. [1989 c 48 §
64; 1963 c 220 § 90.]
38.38.684
38.38.688 [Art. 92] Failure to obey order or regulation. Any person subject to this code who:
(1) Violates or fails to obey any lawful general order or
regulation;
(2) Having knowledge of any other lawful order issued
by a member of the organized militia which it is the person’s
duty to obey, fails to obey the order; or
(3) Is derelict in the performance of the person’s duties;
shall be punished as a court-martial may direct. [1989 c 48 §
65; 1963 c 220 § 91.]
38.38.688
38.38.692 [Art. 93] Cruelty and maltreatment. Any
person subject to this code who is guilty of cruelty toward, or
oppression or maltreatment of, any person subject to his
orders shall be punished as a court martial may direct. [1963
c 220 § 92.]
38.38.692
38.38.696 [Art. 94] Mutiny or sedition. (1) Any person subject to this code who:
(a) With intent to usurp or override lawful military
authority refuses, in concert with any other person, to obey
orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(b) With intent to cause the overthrow or destruction of
lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(c) Fails to do his utmost to prevent and suppress a
mutiny or sedition being committed in his presence, or fails
to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition
which he knows or has reason to believe is taking place, is
guilty of a failure to suppress or report a mutiny or sedition.
(2) A person who is found guilty of attempted mutiny,
mutiny, sedition, or failure to suppress or report a mutiny or
sedition shall be punished as a court martial may direct.
[1963 c 220 § 93.]
38.38.696
38.38.700 [Art. 95] Resistance, breach of arrest, and
escape. Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical
38.38.700
[Title 38 RCW—page 33]
38.38.704
Title 38 RCW: Militia and Military Affairs
restraint lawfully imposed shall be punished as a court martial may direct. [1963 c 220 § 94.]
enemy without proper authority, shall be punished as a courtmartial may direct. [1989 c 48 § 67; 1963 c 220 § 99.]
38.38.704 [Art. 96] Releasing prisoner without
proper authority. Any person subject to this code who,
without proper authority, releases any prisoner committed to
his charge, or who through neglect or design suffers any such
prisoner to escape, shall be punished as a court martial may
direct, whether or not the prisoner was committed in strict
compliance with law. [1963 c 220 § 95.]
38.38.724 [Art. 101] Improper use of countersign.
Any person subject to this code who in time of war discloses
the parole or countersign to any person not entitled to receive
it, or who gives to another who is entitled to receive and use
the parole or countersign a different parole or countersign
from that which, to his knowledge, he was authorized and
required to give, shall be punished as a court martial may
direct. [1963 c 220 § 100.]
38.38.704
38.38.708 [Art. 97] Unlawful detention of another.
Any person subject to this code who, except as provided by
law or regulation, apprehends, arrests, or confines any person
shall be punished as a court martial may direct. [1963 c 220
§ 96.]
38.38.724
38.38.708
38.38.728 [Art. 102] Forcing a safeguard. Any person
subject to this code who forces a safeguard shall be punished
as a court martial may direct. [1963 c 220 § 101.]
38.38.728
38.38.732 [Art. 103] Captured or abandoned property. (1) All persons subject to this code shall secure all public property taken from the enemy for the service of the
United States, and shall give notice and turn over to the
proper authority without delay all captured or abandoned
property in their possession, custody, or control.
(2) Any person subject to this code who:
(a) Fails to carry out the duties prescribed in subsection
(1) hereof;
(b) Buys, sells, trades, or in any way deals in or disposes
of captured or abandoned property, whereby he receives or
expects any profit, benefit, or advantage to himself or another
directly or indirectly connected with himself; or
(c) Engages in looting or pillaging;
shall be punished as a court martial may direct. [1963 c 220
§ 102.]
38.38.732
38.38.712 [Art. 98] Noncompliance with procedural
rules. Any person subject to this code who:
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this
code; or
(2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused;
shall be punished as a court martial may direct. [1963 c 220
§ 97.]
38.38.712
38.38.716 [Art. 99] Misbehavior before the enemy.
Any person subject to this code who before or in the presence
of the enemy:
(1) Runs away;
(2) Shamefully abandons, surrenders, or delivers up any
command, unit, place, or military property which it is the person’s duty to defend;
(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit,
place, or military property;
(4) Casts away arms or ammunition;
(5) Is guilty of cowardly conduct;
(6) Quits a place of duty to plunder or pillage;
(7) Causes false alarms in any command, unit, or place
under control of the armed forces of the United States or the
organized militia;
(8) Wilfully fails to do his or her utmost to encounter,
engage, capture, or destroy any enemy troops, combatants,
vessels, aircraft, or any other thing, which it is the person’s
duty so to encounter, engage, capture, or destroy; or
(9) Does not afford all practicable relief and assistance to
any troops, combatants, vessels, or aircraft of the armed
forces belonging to the United States or their allies, to the
state, or to any other state, when engaged in battle;
shall be punished as a court-martial may direct. [1989 c 48 §
66; 1963 c 220 § 98.]
38.38.716
38.38.720 [Art. 100] Subordinate compelling surrender. Any person subject to this code who compels or
attempts to compel the commander of any of the organized
militia of the state, or of any other state, to give it up to an
enemy or to abandon it, or who strikes the colors or flag to an
38.38.720
[Title 38 RCW—page 34]
38.38.736 [Art. 104] Aiding the enemy. Any person
subject to this code who:
(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds
with or holds any intercourse with the enemy, either directly
or indirectly;
shall be punished as a court martial may direct. [1963 c 220
§ 103.]
38.38.736
38.38.740 [Art. 105] Misconduct of a prisoner. Any
person subject to this code who, while in the hands of the
enemy in time of war:
(1) For the purpose of securing favorable treatment by
his captors acts without proper authority in a manner contrary
to law, custom, or regulation, to the detriment of others of
whatever nationality held by the enemy as civilian or military
prisoners; or
(2) While in a position of authority over such persons
maltreats them without justifiable cause;
shall be punished as a court martial may direct. [1963 c 220
§ 104.]
38.38.740
38.38.744 [Art. 107] False official statements. Any
person subject to this code who, with intent to deceive, signs
any false record, return, regulation, order, or other official
38.38.744
(2010 Ed.)
Washington Code of Military Justice
document, knowing it to be false, or makes any other false
official statement knowing it to be false, shall be punished as
a court martial may direct. [1963 c 220 § 105.]
38.38.748 [Art. 108] Military property—Loss, damage, destruction, or wrongful disposition. Any person subject to this code who, without proper authority:
(1) Sells or otherwise disposes of;
(2) Wilfully or through neglect damages, destroys, or
loses; or
(3) Wilfully or through neglect suffers to be damaged,
destroyed, sold or wrongfully disposed of;
any military property of the United States or of the state shall
be punished as a court martial may direct. [1963 c 220 §
106.]
38.38.748
38.38.752 [Art. 109] Property other than military
property—Waste, spoilage, or destruction. Any person
subject to this code who willfully or recklessly wastes, spoils,
or otherwise willfully and wrongfully destroys or damages
any property other than military property of the United States
or of the state shall be punished as a court-martial may direct.
[2009 c 378 § 23; 1963 c 220 § 107.]
38.38.752
38.38.756 [Art. 110] Improper hazarding of vessel.
(1) Any person subject to this code who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the
armed forces of the United States or of the organized militia
shall be punished as a court-martial may direct.
(2) Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces
of the United States or of the organized militia shall be punished as a court-martial may direct. [1989 c 48 § 68; 1963 c
220 § 108.]
38.38.756
38.38.782
38.38.762 [Art. 112a] Use, possession, or distribution
of controlled substances. (1) Any person subject to this
code who wrongfully uses, possesses, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by
or under the control of the armed forces or organized militia
a substance described in subsection (2) of this section shall be
punished as a court-martial may direct.
(2) The substances referred to in subsection (1) of this
section are the following:
(a) Opium, heroin, cocaine, amphetamine, lysergic acid
diethylamide, methamphetamine, phencyclidine, barbituric
acid, and marijuana and any compound or derivative of any
such substance;
(b) Any substance not specified in (a) of this subsection
that is listed on a schedule of controlled substances prohibited by the United States army; or
(c) Any other substance not specified in this subsection
that is listed in Schedules I through V of section 202 of the
federal controlled substances act, 21 U.S.C. Sec. 812, as
amended. [2009 c 378 § 25.]
38.38.762
38.38.764 [Art. 112] Drunk on duty—Sleeping on
post—Leaving post before relief. Any person subject to
this code who is found drunk on duty or sleeping upon his
post, or who leaves his post before he is regularly relieved,
shall be punished as a court martial may direct. [1963 c 220
§ 110.]
38.38.764
38.38.768 [Art. 114] Dueling. Any person subject to
this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly
to the proper authority, shall be punished as a court martial
may direct. [1963 c 220 § 111.]
38.38.768
38.38.772 [Art. 115] Malingering. Any person subject
to this code who for the purpose of avoiding work, duty or
service in the organized militia:
(1) Feigns illness, physical disablement, mental lapse or
derangement; or
(2) Intentionally inflicts self-injury;
shall be punished as a court-martial may direct. [1989 c 48 §
69; 1963 c 220 § 112.]
38.38.772
38.38.760 [Art. 111] Reckless or impaired operation
of a vehicle, aircraft, or vessel. (1) Any person subject to
this code who:
(a) Operates or physically controls any vehicle, aircraft,
or vessel in a reckless or wanton manner or while impaired by
a substance described in RCW 38.38.762; or
(b) Operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or
exceeds the applicable limit under subsection (2) of this section; or
(c) Operates or is in actual physical control of any vehicle, aircraft, or vessel in a reckless or wanton manner
shall be punished as a court-martial may direct.
(2) For purposes of subsection (1) of this section, the
blood alcohol content limit with respect to alcohol concentration in a person’s blood is 0.08 grams of alcohol per one hundred milliliters of blood and with respect to alcohol concentration in a person’s breath is 0.08 grams of alcohol per two
hundred ten liters of breath, as shown by chemical analysis.
(3) For purposes of this section, "blood alcohol content
limit" means the amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited. [2009 c 378 § 24; 1963 c
220 § 109.]
38.38.760
(2010 Ed.)
38.38.776 [Art. 116] Riot or breach of peace. Any
person subject to this code who causes or participates in any
riot or breach of the peace shall be punished as a court martial
may direct. [1963 c 220 § 113.]
38.38.776
38.38.780 [Art. 117] Provoking speeches or gestures.
Any person subject to this code who uses provoking or
reproachful words or gestures toward any other person subject to this code shall be punished as a court martial may
direct. [1963 c 220 § 114.]
38.38.780
38.38.782 [Art. 128] Assault upon another member
of the organized militia. Any person subject to this code
who attempts or offers with unlawful force or violence to do
bodily harm to another member of the organized militia,
whether or not the attempt or offer is consummated, is guilty
38.38.782
[Title 38 RCW—page 35]
38.38.783
Title 38 RCW: Militia and Military Affairs
of assault and shall be punished as a court-martial may direct.
[2009 c 378 § 26.]
shall, upon conviction, be punished as a court-martial may
direct. [1989 c 48 § 70; 1963 c 220 § 116.]
38.38.783 [Art. 121] Larceny and wrongful appropriation. (1) Any person subject to this code who wrongfully
takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal
property, or article of value of any kind:
(a) With intent permanently to deprive or defraud
another person of the use and benefit of property or to appropriate it to his [or her] own use or the use of any person other
than the owner, steals that property and is guilty of larceny; or
(b) With intent temporarily to deprive or defraud another
person of the use and benefit of property or to appropriate it
to his [or her] own use or the use of any person other than the
owner, is guilty of wrongful appropriation.
(2) Any person found guilty of larceny or wrongful
appropriation shall be punished as a court martial may direct.
[1963 c 220 § 117. Formerly RCW 38.38.792.]
38.38.796 [Art. 133] Conduct unbecoming an officer
and a gentleman. Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman
shall be punished as a court martial may direct. [1963 c 220
§ 118.]
38.38.783
38.38.784 [Art. 131] Perjury. Any person subject to
this code who in a judicial proceeding or in a course of justice
conducted under this code wilfully and corruptly gives, upon
a lawful oath or in any form allowed by law to be substituted
for an oath, any false testimony material to the issue or matter
of inquiry is guilty of perjury and shall be punished as a court
martial may direct. [1963 c 220 § 115.]
38.38.784
38.38.788 [Art. 132] Frauds against the government.
Any person subject to this code:
(1) Who, knowing it to be false or fraudulent:
(a) Makes any claim against the United States, the state,
or any officer thereof; or
(b) Presents to any person in the civil or military service
thereof, for approval or payment any claim against the United
States, the state, or any officer thereof;
(2) Who, for the purpose of obtaining the approval,
allowance, or payment of any claim against the United States,
the state, or any officer thereof:
(a) Makes or uses any writing or other paper knowing it
to contain any false or fraudulent statements;
(b) Makes any oath to any fact or to any writing or other
paper knowing the oath to be false; or
(c) Forges or counterfeits any signature upon any writing
or other paper, or uses any such signature knowing it to be
forged or counterfeited;
(3) Who, having charge, possession, custody, or control
of any money, or other property of the United States or the
state, furnished or intended for the armed forces of the United
States or the organized militia, knowingly delivers to any person having authority to receive it, any amount thereof less
than that for which the person receives a certificate or receipt;
or
(4) Who, being authorized to make or deliver any paper
certifying the receipt of any property of the United States or
the state, furnished or intended for the armed forces of the
United States or the organized militia, makes or delivers to
any person such writing without having full knowledge of the
truth of the statements therein contained and with intent to
defraud the United States or the state;
38.38.788
[Title 38 RCW—page 36]
38.38.796
38.38.800 [Art. 134] General article. Though not specifically mentioned in this code, all disorders and neglects to
the prejudice of good order and discipline in the organized
militia, of which persons subject to this code may be guilty,
shall be taken cognizance of by a general, special or summary
court-martial, according to the nature and degree of the
offense, and shall be punished at the discretion of that court.
However, cognizance may not be taken of, and jurisdiction
may not be extended to, the crimes of murder, manslaughter,
rape, robbery, maiming, sodomy, arson, extortion, assault in
the first degree, burglary, or housebreaking, jurisdiction of
which is reserved to civil courts. [2009 c 378 § 27; 1989 c 48
§ 71; 1963 c 220 § 119.]
38.38.800
PART XI—MISCELLANEOUS PROVISIONS
38.38.840 [Art. 135] Courts of inquiry. (1) Courts of
inquiry to investigate any matter may be convened by the
governor, the adjutant general, or by any other person designated by the governor for that purpose, whether or not the
persons involved have requested such an inquiry: PROVIDED, That upon the request of the officer involved such an
inquiry shall be instituted as hereinabove set forth.
(2) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening
authority shall also appoint counsel for the court.
(3) Any person subject to this code whose conduct is
subject to inquiry shall be designated as a party. Any person
subject to this code or employed in the state military department, who has a direct interest in the subject of inquiry has
the right to be designated as a party upon request to the court.
Any person designated as a party shall be given due notice
and has the right to be present, to be represented by counsel,
to cross-examine witnesses, and to introduce evidence.
(4) Members of a court of inquiry may be challenged by
a party, but only for cause stated to the court.
(5) The members, counsel, the reporter, and interpreters
of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(6) Witnesses may be summoned to appear and testify
and be examined before courts of inquiry, as provided for
courts-martial.
(7) Courts of inquiry shall make findings of fact but may
not express opinions or make recommendations unless
required to do so by the convening authority.
(8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of
the president and counsel for the court and forwarded to the
convening authority. If the record cannot be authenticated by
the president, it shall be signed by a member in lieu of the
president. If the record cannot be authenticated by the coun38.38.840
(2010 Ed.)
Washington Code of Military Justice
38.38.864
sel for the court, it shall be signed by a member in lieu of the
counsel. [2009 c 378 § 28; 1989 c 48 § 72; 1963 c 220 § 120.]
proper measures for redressing the wrong complained of.
[1989 c 48 § 75; 1963 c 220 § 123.]
38.38.844 [Art. 136] Authority to administer oaths.
(1) The following members of the organized militia may
administer oaths for the purposes of military administration,
including military justice, and affidavits may be taken for
those purposes before persons having the general powers of a
notary public:
(a) The state judge advocate and all assistant state judge
advocates;
(b) All law specialists or paralegals;
(c) All summary courts-martial;
(d) All adjutants, assistant adjutants, acting adjutants,
and personnel adjutants;
(e) The military judge, president, trial counsel, and assistant trial counsel for all general and special courts-martial;
(f) The president and the counsel for the court of any
court of inquiry;
(g) All officers designated to take a deposition;
(h) All commanding officers of units of the organized
militia;
(i) All officers of the organized militia designated as
recruiting officers;
(j) All persons detailed to conduct an investigation; and
(k) All other persons designated by regulations of the
adjutant general.
(2) The signature without seal of any such person,
together with the title of the person’s office, is prima facie
evidence of the person’s authority. [2009 c 378 § 29; 1989 c
48 § 73; 1963 c 220 § 121.]
38.38.856 [Art. 139] Redress of injuries to property.
(1) Whenever complaint is made to any commanding officer
that wilful damage has been done to the property of any person or that the person’s property has been wrongfully taken
by members of the organized militia, the commanding officer
may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The
board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to
summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence,
and to assess the damages sustained against the responsible
parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the
amount approved by the commanding officer shall be
charged against the pay of the offenders. The order of the
commanding officer directing charges herein authorized is
conclusive, except as provided in subsection (3) of this section, on any disbursing officer for the payment by the disbursing officer to the injured parties of the damages so
assessed and approved.
(2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges
totaling the amount of damages assessed and approved may
be paid to the injured parties from the military funds of the
units of the organized militia to which the offenders
belonged.
(3) Any person subject to this code who is accused of
causing wilful damage to property has the right to be represented by counsel, to summon witnesses in the person’s
behalf, and to cross-examine those appearing against him or
her. The person has the right of appeal to the next higher
commander. [1989 c 48 § 76; 1963 c 220 § 124.]
38.38.844
38.38.848 [Art. 137] Sections to be explained. (1)
RCW 38.38.008, 38.38.012, 38.38.064 through 38.38.132,
38.38.252, 38.38.260, 38.38.372, 38.38.480, 38.38.624
through *38.38.792, and 38.38.848 through 38.38.860 shall
be carefully explained to every enlisted member:
(a) At the time of the member’s enlistment or transfer or
induction;
(b) At the time of the member’s order to duty in or with
any of the organized militia; or
(c) Within forty days thereafter.
(2) These sections shall also be explained again to each
member of the organized militia each time a member of the
organized militia reenlists or extends his or her enlistment.
(3) A complete text of this code and of the regulations
prescribed by the governor thereunder shall be made available to any member of the organized militia, upon request, for
personal examination. [2009 c 378 § 30; 1989 c 48 § 74;
1963 c 220 § 122.]
38.38.848
*Reviser’s note: RCW 38.38.792 was recodified as RCW 38.38.783 by
the code reviser September 2009.
38.38.852 [Art. 138] Complaints of wrongs. Members
of the organized militia who believe themselves wronged by
their commanding officer, and who, upon due application to
that commanding officer, are refused redress, may complain
to any superior commissioned officer, who shall forward the
complaint to the governor or adjutant general. The governor
or adjutant general shall examine the complaint and take
38.38.852
(2010 Ed.)
38.38.856
38.38.860 [Art. 140] Execution of process and sentence. In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed
by the civil officers prescribed by the laws of the state. [1989
c 48 § 77; 1963 c 220 § 125.]
38.38.860
38.38.864 [Art. 141] Process of military courts. (1)
Military courts may issue any process or mandate necessary
to carry into effect their powers. Such a court may issue subpoenae and subpoenae duces tecum and enforce by attachment attendance of witnesses and production of books and
records, when it is sitting within the state and the witnesses,
books and records sought are also so located.
(2) Process and mandates may be issued by summary
courts-martial, or the military judge of other military courts
and may be directed to and may be executed by the marshals
of the military court or any peace officer and shall be in such
form as may be prescribed by regulations issued under this
code.
(3) All officers to whom process or mandates may be so
directed shall execute them and make return of their acts
thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code,
38.38.864
[Title 38 RCW—page 37]
38.38.868
Title 38 RCW: Militia and Military Affairs
no such officer may demand or require payment of any fee or
charge for receiving, executing, or returning such a process or
mandate or for any service in connection therewith. [1989 c
48 § 78; 1963 c 220 § 126.]
38.38.868
38.38.868 [Art. 142] Payment of fines and disposition
thereof. Fines imposed by a military court may be paid to it
or to an officer executing its process. The amount of such a
fine may be noted upon any state roll or account for pay of the
delinquent and deducted from any pay or allowance due or
thereafter to become due the person, until the fine is liquidated. Any sum so deducted shall be turned in to the military
court which imposed the fine. Notwithstanding any other
law, the officer collecting a fine or penalty imposed by a military court upon an officer or enlisted person shall pay it
within thirty days to the state treasurer. Such a fine becomes
a part of, is credited to, and may be spent from, the military
fund of the organization or detachment to which the officer or
enlisted person who paid the fine belonged. The treasurer of
the state shall then report the amount thereof designating the
organization or detachment to which it belongs, to the adjutant general of the state, and shall pay it over to the organization or detachment on request of its commanding officer.
[1989 c 48 § 79; 1963 c 220 § 127.]
38.38.872
38.38.872 [Art. 143] Immunity for action of military
courts. No accused may bring an action or proceeding
against the convening authority or a member of a military
court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or
execution of any sentence or the imposition or collection of a
fine or penalty, or the execution of any process or mandate of
a military court. [1963 c 220 § 128.]
38.38.876
38.38.876 [Art. 144] Presumption of jurisdiction.
The jurisdiction of the military courts and boards established
by this code shall be presumed and the burden of proof rests
on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding. [1963 c 220 § 129.]
38.38.880
38.38.880 [Art. 145] Delegation of authority by the
governor. The governor may delegate any authority vested
in him under this code, and may provide for the subdelegation of any such authority, except the power given him by
RCW 38.38.192 and 38.38.240. [1963 c 220 § 130.]
38.38.884
38.38.884 [Art. 146] Uniformity of interpretation.
This chapter shall be so construed as to effectuate its general
purpose to make uniform the law of those states which enact
it and, so far as practical, to make that law uniform with the
law of the United States. [1963 c 220 § 131.]
38.38.888
38.38.888 [Art. 147] Short title. This chapter may be
cited as the "Washington code of military justice." [1963 c
220 § 132.]
[Title 38 RCW—page 38]
Chapter 38.40
Chapter 38.40 RCW
MISCELLANEOUS PROVISIONS
Sections
38.40.010
38.40.020
38.40.025
38.40.030
38.40.040
38.40.050
38.40.060
38.40.100
38.40.110
38.40.120
38.40.130
38.40.150
38.40.200
38.40.210
38.40.220
Liability of officers and enlisted persons on duty.
Not liable for exercise of judgment.
Liability of state for federal activities.
Compensation for death or disability.
Interference with employment—Penalty.
Discharge from employment—Penalty.
Military leave for public employees.
Notice for duty.
Employment or membership in other organizations—Discrimination prohibited—Penalty—Civil cause of action.
Authorized military organizations.
Corporations may be formed.
Property to remain public property.
Military department capital account.
Military department rental and lease account.
Military department active state service account.
Acknowledgments and powers of attorney: Chapter 73.20 RCW.
Acquisitions of lands for permanent military installations: Chapter 37.16
RCW.
Common carriers—Special exceptions on carriage of property, government
freight, etc.: RCW 81.28.080.
Eminent domain
condemnation for military purposes: RCW 8.04.170, 8.04.180.
notice where military land is involved: RCW 8.28.030.
Evidence
proof of missing in action, capture by enemy, etc.: RCW 5.40.030.
written finding of presumed death as prima facie evidence: RCW
5.40.020.
Federal areas and jurisdiction: Title 37 RCW.
Gas bombs: RCW 70.74.310.
Joint armory sites: RCW 36.64.050.
Juries—Persons exempt: RCW 2.36.080.
Mental illness hospitalization
authority over patient—Federal agencies, private establishments: RCW
71.02.490.
commitment to veterans administration or other federal agency—General
provision: RCW 73.36.165.
Militia
privilege from arrest: State Constitution Art. 10 § 5.
soldiers’ home: State Constitution Art. 10 § 3.
Personal exemptions—Pension money exempt: RCW 6.15.020.
Residence, contingencies affecting: State Constitution Art. 6 § 4.
Soldiers’ and veterans’ homes and veterans’ cemetery: Chapter 72.36
RCW.
Statute of limitations tolled—As to person in military service of United
States: RCW 4.16.220.
Tidelands and shorelands grants to United States: RCW 79.125.760 through
79.125.790.
Unlawful firearms—Exception: RCW 9.41.190.
Veterans and veterans’ affairs: Title 73 RCW.
Veterans’ rehabilitation council: Chapter 43.61 RCW.
Voter, when privileged from military duty: State Constitution Art. 6 § 5.
38.40.010 Liability of officers and enlisted persons on
duty. Members of the militia ordered into active service of
the state by any proper authority shall not be liable civilly or
criminally for any act or acts done by them while on such
duty nor shall any action lie against any officer or enlisted
person for any acts done by the officer or enlisted person in
line of duty by virtue of any order which may thereafter be
held invalid by any civil court. When a suit or proceeding
shall be commenced in any court by any person against any
officer or enlisted person of the militia for any act done by
38.40.010
(2010 Ed.)
Miscellaneous Provisions
such officer or enlisted person in his or her official capacity
or in the discharge of any duty, or against any person acting
under the authority or order of such officer or by virtue of any
warrant issued pursuant to law, the defendant may require the
person prosecuting or instituting the proceeding to give security for the payment of all costs that may be awarded to the
defendant, and the defendant in all cases may make a general
denial and, under such general denial, give all other or any
special defense matter in evidence. In case the plaintiff shall
be nonsuited or the verdict or judgment be in favor of the
defendant, treble costs shall be assessed against the plaintiff.
The defendant in such action shall be defended by the attorney general at the expense of the state, but private counsel
may also be employed by the defendant. The venue of all
such actions shall be Thurston county and the state of Washington shall be in all cases a necessary party defendant.
[1989 c 19 § 45; 1943 c 130 § 13; Rem. Supp. 1943 § 860313. Cf. 1909 c 134 § 25, part; 1895 c 108 § 173, part.]
38.40.020 Not liable for exercise of judgment. The
commanding officer of any of the military forces of the state
of Washington engaged under the order of proper authority in
the suppression of insurrection, the dispersion of a mob, the
protection of life or property, or the enforcement of the laws,
shall exercise discretion as to the propriety of the means to be
used in controlling or dispersing of any mob or other unlawful assembly and, if he or she exercises his or her honest judgment thereon, he or she shall not be liable in either a civil or
criminal action for any act done in line of duty. [1989 c 19 §
46; 1943 c 130 § 14; Rem. Supp. 1943 § 8603-14. Cf. 1909 c
134 § 25, part; 1895 c 108 § 173, part.]
38.40.020
38.40.025 Liability of state for federal activities. Neither the state of Washington, its officers, employees, or
agents, nor any member of the militia may be held liable in
any civil action for damages arising out of any of the activities of the military forces of the state of Washington while
engaged in activities during which the officers, employees,
agents, or members are considered employees of the federal
government under the federal tort claims act, *26 U.S.C. Sec.
2671 et seq. [1987 c 26 § 2.]
38.40.025
*Reviser’s note: The reference to 26 U.S.C. appears to be incorrect.
Reference to 28 U.S.C. was apparently intended.
Additional notes found at www.leg.wa.gov
38.40.030 Compensation for death or disability. If
any member of the organized militia is injured, incapacitated,
or otherwise disabled while in active state service or inactive
duty as a member of the organized militia, he or she shall
receive from the state of Washington just and reasonable
relief in the amount to be determined as provided in this section, including necessary medical care. If the member dies
from disease contracted or injury received or is killed while
in active state service or inactive duty under order of the governor, then the dependents of the deceased shall receive such
compensation as may be allowed as provided in this section.
If the United States or any agent thereof, in accordance with
any federal statute or regulation, furnishes monetary assistance, benefits, or other temporary or permanent relief to
militia members or to their dependents for injuries arising out
38.40.030
(2010 Ed.)
38.40.050
of and occurring in the course of their activities as militia
members, but not including Social Security benefits, then the
amount of compensation which any militia member or his or
her dependents are otherwise entitled to receive from the state
of Washington as provided in this section shall be reduced by
the amount of monetary assistance, benefits, or other temporary or permanent relief the militia member or his or her
dependents have received and will receive from the United
States or any agent thereof as a result of his or her injury. All
claims arising under this section shall be inquired into by a
board of three officers, at least one being a medical officer, to
be appointed by the adjutant general. The board has the same
power to take evidence, administer oaths, issue subpoenas,
compel witnesses to attend and testify and produce books and
papers, and punish their failure to do so as is possessed by a
general court martial. The amount of compensation or benefits payable shall conform as nearly as possible to the general
schedule of payments and awards provided under the workers’ compensation law in effect in the state of Washington at
the time the disability or death occurred. The findings of the
board shall be reviewed by the adjutant general and submitted to the governor for final approval. The reviewing officer
or the governor may return the proceedings for revision or for
the taking of further testimony. The action of the board when
finally approved by the governor is final and conclusive and
constitutes the fixed award for the injury or loss and is a debt
of the state of Washington. [1989 c 19 § 47; 1987 c 185 § 5;
1984 c 198 § 5; 1943 c 130 § 40; Rem. Supp. 1943 § 8603-40.
Prior: 1923 c 49 § 3; 1917 c 107 § 38; 1909 c 134 § 60; 1895
c 108 § 92.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Workers’ compensation: Title 51 RCW.
38.40.040 Interference with employment—Penalty.
A person, who either alone, or with another, wilfully deprives
a member of the organized militia of Washington of his or her
employment or prevents such member being employed, or
obstructs or annoys said member or his or her employer in
their trade, business or employment, because he or she is such
member, or dissuades any person from enlisting in said organized militia by threat or injury to him or her in their employment, trade or business, in case he or she shall so enlist, shall
be guilty of a gross misdemeanor and on conviction thereof
shall be fined in a sum not exceeding five hundred dollars, or
imprisonment in the county jail not more than six months, or
by both such fine and imprisonment. [1989 c 19 § 48; 1943 c
130 § 46; Rem. Supp. 1943 § 8603-46. Prior: 1917 c 107 §
41; 1909 c 134 § 67; 1895 c 108 § 104, part.]
38.40.040
38.40.050 Discharge from employment—Penalty.
No member of the organized militia of Washington shall be
discharged by his or her employer by reason of the performance of any military duties upon which he or she may be
ordered. When any member of the organized militia of Washington is ordered upon active state service or inactive duty
which takes the member from his or her employment the
member may apply upon the termination of such duty to be
restored to his or her position and employment, and if the tour
of duty shall have continued for a period not longer than three
months, any employer or the officer or manager of any firm
38.40.050
[Title 38 RCW—page 39]
38.40.060
Title 38 RCW: Militia and Military Affairs
or corporation having authority to reemploy such member
and failing to do so shall be guilty of a gross misdemeanor,
and on conviction thereof shall be fined in any sum not
exceeding five hundred dollars, or imprisonment in the
county jail for a period not exceeding six months, or by both
such fine and imprisonment. [1989 c 19 § 49; 1943 c 130 §
48; Rem. Supp. 1943 § 8603-48. Prior: 1917 c 107 § 43;
1909 c 134 § 69; 1895 c 108 § 104, part.]
38.40.060 Military leave for public employees. Every
officer and employee of the state or of any county, city, or
other political subdivision thereof who is a member of the
Washington national guard or of the army, navy, air force,
coast guard, or marine corps reserve of the United States, or
of any organized reserve or armed forces of the United States
shall be entitled to and shall be granted military leave of
absence from such employment for a period not exceeding
twenty-one days during each year beginning October 1st and
ending the following September 30th in order that the person
may report for required military duty, training, or drills
including those in the national guard under Title 10 U.S.C.,
Title 32 U.S.C., or state active status. Such military leave of
absence shall be in addition to any vacation or sick leave to
which the officer or employee might otherwise be entitled,
and shall not involve any loss of efficiency rating, privileges,
or pay. During the period of military leave, the officer or
employee shall receive from the state, or the county, city, or
other political subdivision, his or her normal pay. The officer
or employee shall be charged military leave only for days that
he or she is scheduled to work for the state or the county, city,
or other political subdivision. [2010 c 91 § 1; 2008 c 71 § 5;
2001 c 71 § 1; 1991 c 25 § 1; 1989 c 19 § 50; 1957 c 236 § 1;
1939 c 113 § 1.]
38.40.060
Effective date—2001 c 71: "This act takes effect October 1, 2001."
[2001 c 71 § 2.]
Military family leave act: Chapter 49.77 RCW.
Additional notes found at www.leg.wa.gov
38.40.100 Notice for duty. Orders for duty may be oral
or written. Officers and enlisted persons may be warned for
duty as follows: Either by stating the substance of the order,
or by reading the order to the person warned, or by delivering
a copy of such order to such person, or by leaving a copy of
such order at his or her last known place of abode or business,
with some person of suitable age and discretion, or by sending a copy of such order or notice containing the substance
thereof, to such person by mail, directed to his or her last
known place of abode or business. Orders may be transmitted
by telegraph or telephone. Such warning may be given by any
officer or authorized enlisted person. The officer or enlisted
person giving such warning shall, when required, make a
return thereof, containing the names of persons warned and
the time, place and manner of warning. Such returns shall be
verified on oath and shall be prima facie evidence, on the trial
of any person returned as a delinquent, of the facts therein
stated. [1989 c 19 § 51; 1943 c 130 § 53; Rem. Supp. 1943 §
8603-53. Prior: 1909 c 134 § 65; 1895 c 108 § 102.]
38.40.100
38.40.110 Employment or membership in other
organizations—Discrimination prohibited—Penalty—
38.40.110
[Title 38 RCW—page 40]
Civil cause of action. No club, society, association, corporation, employer, or organization shall by any constitution,
rule, bylaws, resolution, vote or regulation, or otherwise, discriminate against or refuse to hire, employ, or reemploy any
member of the organized militia of Washington because of
his or her membership in said organized militia. Any person
or persons, club, society, association, employer, corporation,
or organization, violating or aiding, abetting, or assisting in
the violation of any provision of this section shall be guilty of
a misdemeanor and on conviction thereof shall be fined in
any sum not exceeding one hundred dollars and in addition
thereto shall forfeit the right to do business for a period of
thirty days. Any person who has been discriminated against
in violation of this section shall have a civil cause of action
for damages. [1991 c 43 § 9; 1989 c 19 § 52; 1943 c 130 §
47; Rem. Supp. 1943 § 8603-47. Prior: 1917 c 107 § 42;
1909 c 134 § 68.]
38.40.120 Authorized military organizations. No
organized body other than the recognized militia organizations of this state, armed forces of the United States, students
of educational institutions where military science is a prescribed part of the course of instruction or bona fide veterans
organizations shall associate themselves together as a military company or organize or parade in public with firearms:
PROVIDED, That nothing herein shall be construed to prevent authorized parades by the organized militia of another
state or armed forces of foreign countries. Any person participating in any such unauthorized organization shall be guilty
of a misdemeanor. [1989 c 19 § 53; 1943 c 130 § 54; Rem.
Supp. 1943 § 8603-54. Prior: 1909 c 249 § 294; 1903 c 135
§ 1.]
38.40.120
38.40.130 Corporations may be formed. The officers,
or the officers and enlisted persons of any regiment, battalion, company or similar unit of the organized militia of
Washington, or the officers and enlisted persons of any two
or more companies or similar units of the organized militia of
the state of Washington, located at the same station, are
hereby authorized to organize themselves into a corporation
for social purposes and for the purpose of holding, acquiring
and disposing of such property, real and personal, as such
military organizations may possess or acquire. Such corporations shall not be required to pay any filing or license fee to
the state.
The dissolution or disbandment of any such unit as a military organization shall not in itself terminate the existence of
the corporation, but the existence of the same may continue
for the period limited in its articles of incorporation for the
benefit of such corporation.
Upon the dissolution or disbandment of any such unit
which shall not have incorporated, and which shall at the time
of such dissolution or disbandment possess any funds or
property, the title to such funds or property shall immediately
vest in the state of Washington, and the adjutant general shall
take possession thereof and dispose of the same to the best
interest of the organized militia of Washington. [1989 c 19 §
54; 1943 c 130 § 49; Rem. Supp. 1943 § 8603-49. Prior:
1923 c 49 § 4; 1917 c 107 § 44; 1915 c 19 § 1; 1909 c 134 §
71; 1895 c 108 §§ 123, 124.]
38.40.130
(2010 Ed.)
Service Members’ Civil Relief
38.40.150 Property to remain public property. All
property issued to organizations and members of the organized militia of Washington shall be and remain public property. [1943 c 130 § 38; Rem. Supp. 1943 § 8603-38. Prior:
1917 c 107 § 33; 1909 c 134 § 51; 1895 c 108 § 78.]
38.40.150
38.40.200 Military department capital account. The
military department capital account is created in the state
treasury. All receipts from the sale of state-owned military
department property must be deposited into the account.
Money in the account may be spent only after appropriation.
Expenditures from the account may be used only for military
department capital projects. [2005 c 252 § 1.]
38.40.200
38.40.210 Military department rental and lease
account. The military department rental and lease account is
created in the state treasury. All receipts from the rental or
lease of state-owned military department property must be
deposited into the account. Money in the account may be
spent only after appropriation. Expenditures from the
account may be used only for operating and maintenance
costs of military property. [2005 c 252 § 2.]
38.40.210
38.40.220 Military department active state service
account. The military department active state service
account is created in the state treasury. Moneys may be
placed in the account from legislative appropriations and
transfers, federal appropriations, or any other lawful source.
Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for claims
and expenses for the organized militia called into active state
service to perform duties under RCW 38.08.040 that are not
paid under RCW 38.24.010 from nonappropriated funds,
including but not limited to claims and expenses arising from
anticipated planning, training, exercises, and other administrative duties that are not of an emergency nature. [2008 c 44
§ 1.]
38.40.220
Chapter 38.42
Chapter 38.42 RCW
SERVICE MEMBERS’ CIVIL RELIEF
Sections
38.42.010
38.42.020
38.42.030
38.42.040
38.42.050
38.42.060
38.42.070
38.42.080
38.42.090
38.42.100
38.42.110
38.42.900
38.42.901
38.42.902
38.42.903
38.42.904
Definitions.
Applicability of chapter.
Protection of persons secondarily liable.
Waiver of rights pursuant to written agreement.
Protection of service members and their dependents against
default judgments.
Stay of proceedings when service member has notice.
Fines and penalties under contracts.
Codefendants.
Computation of statutes of limitation.
Inappropriate use of chapter.
Restructure of business loan interest rate.
Short title.
Captions not law—2005 c 254.
Severability—2005 c 254.
Effective date—2005 c 254.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
38.42.010 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Business loan" means a loan or extension of credit
granted to a business entity that: (a) Is owned and operated
38.42.010
(2010 Ed.)
38.42.030
by a service member, in which the service member is either
(i) a sole proprietor, or (ii) the owner of at least fifty percent
of the entity; and (b) experiences a material reduction in revenue due to the service member’s military service.
(2) "Dependent" means:
(a) The service member’s spouse;
(b) The service member’s minor child; or
(c) An individual for whom the service member provided
more than one-half of the individual’s support for one hundred eighty days immediately preceding an application for
relief under this chapter.
(3) "Financial institution" means an institution as
defined in RCW 30.22.041.
(4) "Judgment" does not include temporary orders as
issued by a judicial court or administrative tribunal in domestic relations cases under Title 26 RCW, including but not limited to establishment of a temporary child support obligation,
creation of a temporary parenting plan, or entry of a temporary protective or restraining order.
(5) "Military service" means a service member under a
call to active service authorized by the president of the United
States or the secretary of defense for a period of more than
thirty consecutive days.
(6) "National guard" has the meaning in RCW
38.04.010.
(7) "Service member" means any resident of Washington
state that is a member of the national guard or member of a
military reserve component. [2006 c 253 § 1; 2005 c 254 §
1.]
38.42.020 Applicability of chapter. (1) Any service
member who is ordered to report for military service and his
or her dependents are entitled to the rights and protections of
this chapter during the period beginning on the date on which
the service member receives the order and ending one hundred eighty days after termination of or release from military
service.
(2) This chapter applies to any judicial or administrative
proceeding commenced in any court or agency in Washington state in which a service member or his or her dependent is
a defendant. This chapter does not apply to criminal proceedings.
(3) This chapter shall be construed liberally so as to provide fairness and do substantial justice to service members
and their dependents. [2005 c 254 § 2.]
38.42.020
38.42.030 Protection of persons secondarily liable.
(1) Whenever pursuant to this chapter a court stays, postpones, or suspends (a) the enforcement of an obligation or
liability, (b) the prosecution of a suit or proceeding, (c) the
entry or enforcement of an order, writ, judgment, or decree,
or (d) the performance of any other act, the court may likewise grant such a stay, postponement, or suspension to a
surety, guarantor, endorser, accommodation maker, comaker,
or other person who is or may be primarily or secondarily
subject to the obligation or liability the performance or
enforcement of which is stayed, postponed, or suspended.
(2) When a judgment or decree is vacated or set aside, in
whole or in part, pursuant to this chapter, the court may also
set aside or vacate, as the case may be, the judgment or decree
38.42.030
[Title 38 RCW—page 41]
38.42.040
Title 38 RCW: Militia and Military Affairs
as to a surety, guarantor, endorser, accommodation maker,
comaker, or other person who is or may be primarily or secondarily liable on the contract or liability for the enforcement
of the judgment decree. [2005 c 254 § 3.]
38.42.040 Waiver of rights pursuant to written
agreement. (1) A service member may waive any of the
rights and protections provided by this chapter. In the case of
a waiver that permits an action described in subsection (2) of
this section, the waiver is effective only if made pursuant to a
written agreement of the parties that is executed during or
after the service member’s period of military service. The
written agreement shall specify the legal instrument to which
the waiver applies and, if the service member is not party to
that instrument, the service member concerned.
(2) The requirement in subsection (1) of this section for
a written waiver applies to the following: (a) The modification, termination, or cancellation of a contract, lease, or bailment; or an obligation secured by a mortgage, trust, deed,
lien, or other security in the nature of a mortgage; and (b) the
repossession, retention, foreclosure, sale, forfeiture, or taking
possession of property that is security for any obligation or
was purchased or received under a contract, lease, or bailment. [2005 c 254 § 4.]
38.42.040
38.42.050 Protection of service members and their
dependents against default judgments. (1) This section
applies to any civil action or proceeding in which a service
member or his or her dependent is a defendant and does not
make an appearance under applicable court rules or by law.
(2) In any action or proceeding covered by this section,
the court, before entering judgment for the plaintiff, shall
require the plaintiff to file with the court an affidavit:
(a) Stating whether the defendant is in military service,
or is a dependent of a service member in military service, and
showing necessary facts to support the affidavit; or
(b) If the plaintiff is unable to determine whether the
defendant is in military service or is a dependent of a service
member in military service, stating that the plaintiff is unable
to determine whether the defendant is in military service or is
a dependent of a service member in military service.
(3)(a) To determine whether or not a defendant is a
dependent of a person in the military service under this chapter, the plaintiff may serve on or mail via first-class mail to
the defendant a written notice in substantially the following
form:
38.42.050
"NOTICE: State and federal law provide protections to
defendants who are on active duty in the military service, and
to their dependents. Dependents of a service member are the
service member’s spouse, the service member’s minor child,
or an individual for whom the service member provided more
than one-half of the individual’s support for one hundred
eighty days immediately preceding an application for relief.
One protection provided is the protection against the
entry of a default judgment in certain circumstances. This
notice only pertains to a defendant who is a dependent of a
member of the national guard or a military reserve component under a call to active service for a period of more than
thirty consecutive days. Other defendants in military service
also have protections against default judgments not covered
[Title 38 RCW—page 42]
by this notice. If you are the dependent of a member of the
national guard or a military reserve component under a call to
active service for a period of more than thirty consecutive
days, you should notify the plaintiff or the plaintiff’s attorneys in writing of your status as such within twenty days of
the receipt of this notice. If you fail to do so, then a court or
an administrative tribunal may presume that you are not a
dependent of an active duty member of the national guard or
reserves, and proceed with the entry of an order of default
and/or a default judgment without further proof of your status. Your response to the plaintiff or plaintiff’s attorneys
about your status does not constitute an appearance for jurisdictional purposes in any pending litigation nor a waiver of
your rights."
(b) If the notice is either served on the defendant twenty
or more days prior to an application for an order of default or
a default judgment, or mailed to the defendant more than
twenty-three days prior to such application, and the defendant
fails to timely respond, then for purposes of entry of an order
of default or default judgment, the court or administrative tribunal may presume that the defendant is not a dependent of a
person in the military service under this chapter.
(c) Nothing prohibits the plaintiff from allowing a defendant more than twenty days to respond to the notice, or from
amending the notice to so provide.
(4) If in an action covered by this section it appears that
the defendant is in military service or is a dependent of a service member in military service, the court may not enter a
judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a service member or his or her dependent
cannot locate the service member or dependent, actions by
the attorney in the case do not waive any defense of the service member or dependent or otherwise bind the service
member or dependent.
(5) In an action covered by this section in which the
defendant is in military service or is a dependent of a service
member in military service, the court shall grant a stay of proceedings until one hundred eighty days after termination of or
release from military service, upon application of defense
counsel, or on the court’s own motion, if the court determines
that:
(a) There may be a defense to the action and a defense
cannot be presented without presence of the defendant; or
(b) After due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious
defense exists. The defendant’s failure to communicate or
cooperate with counsel after having been contacted is not
grounds to find that counsel has been unable to contact the
defendant or that counsel has been unable to determine if a
meritorious defense exists.
(6) No bar to entry of judgment under subsection (4) of
this section or requirement for grant of stay under subsection
(5) of this section precludes the entry of temporary orders in
domestic relations cases. If a court or administrative tribunal
enters a temporary order as allowed under this subsection, it
shall include a finding that failure to act, despite the absence
of the service member, would result in manifest injustice to
the other interested parties. Temporary orders issued without
(2010 Ed.)
Service Members’ Civil Relief
the service member’s participation shall not set any precedent
for the final disposition of the matters addressed therein.
(7) If a service member or dependent who is a defendant
in an action covered by this section receives actual notice of
the action, the service member or dependent may request a
stay of proceedings pursuant to RCW 38.42.060.
(8) A person who makes or uses an affidavit permitted
under this section knowing it to be false, is guilty of a class C
felony.
(9) If a default judgment is entered in an action covered
by this section against a service member or his or her dependent during the service member’s period of military service
or within one hundred eighty days after termination of or
release from military service, the court entering the judgment
shall, upon application by or on behalf of the service member
or his or her dependent, reopen the judgment for the purpose
of allowing the service member or his or her dependent to
defend the action if it appears that:
(a) The service member or dependent was materially
affected by reason of that military service in making a
defense to the action; and
(b) The service member or dependent has a meritorious
or legal defense to the action or some part of it.
(10) If a court vacates, sets aside, or reverses a default
judgment against a service member or his or her dependent
and the vacating, setting aside, or reversing is because of a
provision of this chapter, that action does not impair a right or
title acquired by a bona fide purchaser for value. [2006 c 80
§ 1; 2005 c 254 § 5.]
38.42.060 Stay of proceedings when service member
has notice. (1) This section applies to any civil action or proceeding in which a defendant at the time of filing an application under this section:
(a)(i) Is in military service, or it is within one hundred
eighty days after termination of or release from military service; or
(ii) Is a dependent of a service member in military service; and
(b) Has received actual notice of the action or proceeding.
(2) At any stage before final judgment in a civil action or
proceeding in which a service member or his or her dependent described in subsection (1) of this section is a party, the
court may on its own motion and shall, upon application by
the service member or his or her dependent, stay the action
until one hundred eighty days after termination of or release
from military service, if the conditions in subsection (3) of
this section are met.
(3) An application for a stay under subsection (2) of this
section shall include the following:
(a) A letter or other communication setting forth facts
stating the manner in which current military duty requirements materially affect the service member’s or dependent’s
ability to appear and stating a date when the service member
or dependent will be available to appear; and
(b) A letter or other communication from the service
member’s commanding officer stating that the service member’s current military duty prevents either the service member’s or dependent’s appearance and that military leave is not
authorized for the service member at the time of the letter.
38.42.060
(2010 Ed.)
38.42.090
(4) An application for a stay under this section does not
constitute an appearance for jurisdictional purposes and does
not constitute a waiver of any substantive or procedural
defense, including a defense relating to lack of personal jurisdiction.
(5) A service member or dependent who is granted a stay
of a civil action or proceeding under subsection (2) of this
section may apply for an additional stay based on the continuing material affect of military duty on the service member’s
or dependent’s ability to appear. Such application may be
made by the service member or his or her dependent at the
time of the initial application under subsection (2) of this section or when it appears that the service member or his or her
dependent is unable to prosecute or defend the action. The
same information required under subsection (3) of this subsection shall be included in an application under this subsection.
(6) If the court refuses to grant an additional stay of proceedings under subsection (2) of this section, the court shall
appoint counsel to represent the service member or his or her
dependent in the action or proceeding.
(7) A service member or dependent who applies for a
stay under this section and is unsuccessful may not seek the
protections afforded by RCW 38.42.050. [2005 c 254 § 6.]
38.42.070 Fines and penalties under contracts. (1) If
an action for compliance with the terms of a contract is stayed
pursuant to this chapter, a penalty shall not accrue for failure
to comply with the terms of the contract during the period of
the stay.
(2) If a service member or his or her dependent fails to
perform an obligation arising under a contract and a penalty
is incurred arising from that nonperformance, a court may
reduce or waive the fine or penalty if:
(a)(i) The service member was in military service at the
time the fine or penalty was incurred; or
(ii) The action is against a dependent of the service member and the service member was in military service at the time
the fine or penalty was incurred; and
(b) The ability of the service member or dependent to
perform the obligation was materially affected by the military
service. [2005 c 254 § 7.]
38.42.070
38.42.080 Codefendants. If the service member or his
or her dependent is a codefendant with others who are not in
military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the
court. [2005 c 254 § 8.]
38.42.080
38.42.090 Computation of statutes of limitation. (1)
The period of a service member’s military service may not be
included in computing any period limited by law, rule, or
order, for the bringing of any action or proceeding in a court,
or in any board bureau, commission, department, or other
agency of a state, or political subdivision of a state, or the
United States by or against the service member or the service
member’s dependents, heirs, executors, administrators, or
assigns.
38.42.090
[Title 38 RCW—page 43]
38.42.100
Title 38 RCW: Militia and Military Affairs
(2) A period of military service may not be included in
computing any period provided by law for the redemption of
real property sold or forfeited to enforce an obligation, tax, or
assessment.
(3) This section does not apply to any period of limitation prescribed by or under the internal revenue laws of the
United States. [2005 c 254 § 9.]
38.42.100 Inappropriate use of chapter. If a court
determines, in any proceeding to enforce a civil right, that
any interest, property, or contract has been transferred or
acquired with the intent to delay the just enforcement of such
right by taking advantage of this chapter, the court shall enter
such judgment or make such order as might lawfully be
entered or made concerning such transfer or acquisition.
[2005 c 254 § 10.]
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 83.]
38.42.100
38.42.110 Restructure of business loan interest rate.
(1) Upon the request of a service member with a qualifying
business loan, the financial institution must restructure the
interest rate of the loan to the equivalent provisions in the
federal servicemembers civil relief act (50 U.S.C. App. 501
et seq.). The service member must notify the institution at
least five days prior to the beginning of military service and
submit official documentation that substantiates their eligibility for the protections of this chapter.
(2) This section applies only to loans with an outstanding
balance of less than one hundred thousand dollars at the time
the service member is called to military service.
(3) This section applies only to business loans executed
on or after January 1, 2007. [2006 c 253 § 2.]
Chapter 38.44
Chapter 38.44 RCW
ENROLLMENT OF PERSONS
Sections
38.44.010
38.44.020
38.44.030
38.44.040
38.44.050
38.44.060
Commander-in-chief may order enrollment.
Notice of enrollment.
Exemptions.
Penalties for dereliction or false certificate.
Compensation of enrolling officer.
Examination of records.
38.42.110
38.42.900 Short title. This chapter may be known and
cited as the Washington service members’ civil relief act.
[2005 c 254 § 11.]
38.42.900
38.42.901 Captions not law—2005 c 254. Captions
used in this act are no part of the law. [2005 c 254 § 12.]
38.42.901
38.42.902 Severability—2005 c 254. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2005 c 254 § 14.]
38.42.902
Militia—Exemption from military duty: State Constitution Art. 10 § 6.
38.44.010 Commander-in-chief may order enrollment. Whenever the commander-in-chief shall deem it necessary, in event of, or imminent danger of war, insurrection,
rebellion, invasion, tumult, riot, resistance to law or process,
breach of the peace, public disaster, or the imminent occurrence of any of these events, the commander-in-chief may
order an enrollment by counties of all persons subject to military duty, designating the county assessor or some other person for each county to act as county enrolling officer. Each
county enrolling officer may appoint such assistant or assistants as may be authorized by the commander-in-chief. In
each county the enrollment shall include every sane able bodied inhabitant not under sentence for a felony, who is more
than eighteen and less than forty-five years of age. The
enrollment shall be made in triplicate and shall state the
name, residence, age, occupation and previous or existing
military or naval service of each person enrolled. When complete the rolls shall be verified under oath by the enrolling
officer, who shall immediately thereupon file one copy with
the adjutant general of the state and another with the county
auditor, retaining the third copy for himself or herself. [1989
c 19 § 55; 1973 1st ex.s. c 154 § 57; 1909 c 134 § 4; 1895 c
108 § 4; RRS § 8456.]
38.44.010
Additional notes found at www.leg.wa.gov
38.44.020 Notice of enrollment. Persons making an
enrollment under this chapter shall, at the time of making
same, serve a notice of such enrollment upon each person
enrolled, by delivering such notice to the enrollee personally
or by leaving it with some person of suitable age and discretion at his or her place of business or residence, or by mailing
such notice to him or her at the enrollee’s last known place of
residence, and shall make a return under oath of such service
to accompany the copy of the enrollment filed with the adjutant general. The return shall be prima facie evidence of the
facts therein. [1991 c 43 § 10; 1989 c 19 § 56; 1909 c 134 §
5; 1895 c 108 § 5; RRS § 8457.]
38.44.020
38.42.903 Effective date—2005 c 254. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 3, 2005]. [2005 c 254 § 15.]
38.42.903
38.42.904 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
38.42.904
[Title 38 RCW—page 44]
38.44.030 Exemptions. Whenever an enrollment shall
have been ordered under this chapter, the commanding officers of existing organizations of militia, and the chiefs of all
38.44.030
(2010 Ed.)
State and National Defense
police and fire departments shall make and deliver to the
enrolling officer of the county in which such organization
and departments are stationed, verified lists in triplicate of the
members of their respective commands and departments, and
the enrolling officer shall mark "Exempt" opposite the names
of all persons so listed, attaching one copy of each such list to
each copy of the enrollment. The enrolling officer shall also
mark "Exempt" opposite the names of all federal, state and
county officers. All other persons claiming exemption must
within fifteen days after service upon them of the notice of
enrollment make a written verified claim in duplicate of such
exemption and file the same in the office of the county auditor, who shall within five days thereafter forward one copy
thereof with remarks and recommendations to the adjutant
general. Upon the expiration of the time within which any
claim of exemption may be filed and received by the adjutant
general, the latter shall notify the county auditor of the decision in each case where exemption has been claimed, and the
county auditor shall write upon the roll opposite the name of
each person whose claim of exemption has been allowed by
the adjutant general, the word "Exempt." All those on the roll
not marked "Exempt" shall be subject to military duty. [1991
c 43 § 11; 1989 c 19 § 57; 1909 c 134 § 6; 1895 c 108 § 6,
part; RRS § 8458.]
38.44.040 Penalties for dereliction or false certificate.
If any officer or person, who becomes charged under this
chapter with any duty relating to an enrollment of persons
subject to military duty, refuses or neglects to perform the
same within the time and substantially in the manner required
by law, or if he or she shall knowingly make any false certificate, or if, when acting as county or assistant enrolling
officer, he or she shall knowingly or willfully omit from the
roll any person required by this chapter to be enrolled he or
she shall thereby forfeit not less than one hundred nor more
than five hundred dollars, to be sued for in the name of the
state of Washington by the prosecuting attorney of the county
in which such offense shall occur, the amount of the penalty
to be determined by the court, and, when recovered, to be
paid into the general fund of the state. [1991 c 43 § 12; 1989
c 19 § 58; 1909 c 134 § 7; RRS § 8459.]
38.44.040
38.44.050 Compensation of enrolling officer. Each
county enrolling officer shall be allowed the sum of five cents
per name enrolled and served with notice of enrollment by
the enrolling officer or assistants, to be audited and paid as
other military bills out of any moneys in the general fund
appropriated to the military department, and from such allowance the enrolling officer must pay the assistant or assistants.
[1991 c 43 § 13; 1989 c 19 § 59; 1909 c 134 § 8; RRS §
8460.]
38.44.050
38.44.060 Examination of records. All civil officers in
each county, city and town shall allow persons authorized
under this chapter to make enrollments, at all proper times, to
examine their records and take copies thereof or information
therefrom. It shall be the duty of every person, under the penalties provided in RCW 38.44.040, upon application of any
person legally authorized to make an enrollment, truthfully to
state all of the facts within his or her knowledge concerning
38.44.060
(2010 Ed.)
Chapter 38.52
any individual of whom the enroller shall make inquiry. In
event of a violation of this section the enroller shall report the
facts to the prosecuting attorney, who shall at once proceed to
enforce the penalty. [1991 c 43 § 14; 1989 c 19 § 60; 1909 c
134 § 9; 1895 c 108 § 6, part; RRS § 8461.]
Chapter 38.48
Chapter 38.48 RCW
STATE AND NATIONAL DEFENSE
Sections
38.48.050
Acceptance of national defense facilities act.
Reviser’s note: The following acts, which appear to have been of limited duration, are omitted from RCW:
(1) 1941 c 200, 1943 c 191; RRS §§ 8607-7 through 8607-15; Act in
aid of national defense;
(2) 1943 c 93; Authorizing sale or lease of tools and equipment to federal agencies;
(3) 1943 c 200; Washington state war council; and
(4) 1945 c 211; Armory drill pay for active state guard.
38.48.050 Acceptance of national defense facilities
act. The legislature hereby expresses its intention to secure
to this state the benefits of the act of congress entitled the
"National Defense Facilities Act" (10 U.S.C. Sec. 2231, et
seq., as amended), and the state military department shall be
charged with the duty to cooperate with any official or
agency of the United States having powers or duties under the
provisions of the said act of congress for the acquisition, construction, expansion, rehabilitation or conversion of facilities
necessary for the administration and training of units of the
state military department and reserve components of the
armed forces of the United States. The provisions of the said
act of congress are hereby accepted by this state and this state
will observe and comply with the requirements thereof.
[1989 c 19 § 61; 1953 c 181 § 1; 1953 c 277 § 4.]
38.48.050
Chapter 38.52
Chapter 38.52 RCW
EMERGENCY MANAGEMENT
Sections
38.52.005
38.52.010
38.52.020
38.52.030
38.52.037
38.52.040
38.52.050
38.52.070
38.52.080
38.52.091
38.52.100
38.52.105
38.52.106
38.52.110
38.52.120
38.52.140
State military department to administer emergency management program—Local organizations authorized to change
name.
Definitions.
Declaration of policy and purpose.
Director—Comprehensive emergency management plan—
Statewide enhanced 911 emergency communications network—State coordinator of search and rescue operations—
State program for emergency assistance—State coordinator
for radioactive and hazardous waste emergency response
programs.
Comprehensive state mine rescue plan—Submittal to legislature.
Emergency management council—Members—Ad hoc committees—Function as state emergency response commission—Rules review.
Governor’s general powers and duties.
Local organizations and joint local organizations authorized—
Establishment, operation—Emergency powers, procedures.
Outside aid—Rights and liabilities—Claims.
Mutual aid and interlocal agreements—Requirements.
Appropriations—Acceptance of funds, services, etc.
Disaster response account.
Nisqually earthquake account.
Use of existing services and facilities—Impressment of citizenry.
Political activity prohibited.
Status of civil service employee preserved.
[Title 38 RCW—page 45]
38.52.005
38.52.150
38.52.160
38.52.170
38.52.180
38.52.190
38.52.195
38.52.1951
38.52.198
38.52.200
38.52.205
38.52.207
38.52.210
38.52.220
38.52.230
38.52.240
38.52.250
38.52.260
38.52.270
38.52.280
38.52.290
38.52.300
38.52.310
38.52.320
38.52.330
38.52.340
38.52.350
38.52.360
38.52.370
38.52.380
38.52.390
38.52.400
38.52.410
38.52.420
38.52.430
38.52.500
38.52.501
38.52.505
38.52.510
38.52.520
38.52.525
38.52.530
38.52.530
38.52.532
38.52.535
38.52.540
38.52.545
38.52.550
38.52.561
38.52.900
38.52.920
38.52.930
38.52.940
Title 38 RCW: Militia and Military Affairs
Orders, rules, regulations—Enforcement—Availability—Penalty.
Matching funds from political subdivision may be required.
Plan for federal area.
Liability for property damage, bodily injury, death—Immunity—Assumption by state—Indemnification—Immunity
from liability for covered volunteers.
Compensation for injury or death—Chapter exclusive.
Exemption from liability while providing construction, equipment or work.
Application of exemption from liability for architects and
engineers.
Emergency care, rescue, assistance, or recovery services in
mine rescue or recovery work—Immunity from liability.
Liability for compensation is in lieu of other liability—Exception.
Claims arising from emergency management related activities—Filing—Contents.
Claims arising from emergency management related activities—Filing—Consideration, adjustment, settlement, etc., by
director—Effect.
Compensation boards—Established.
Compensation boards—Meetings—Claims not necessitating
board meeting.
Compensation boards—Attendance of witnesses, oaths,
rules—Members uncompensated.
Compensation boards—Duties as to compensation applications.
Compensation boards—Quorum—Transmittal of minutes,
claims—Appeal to department.
When compensation furnished.
Minors entitled to benefits.
Compensation and benefits limited by appropriation.
Applicability of workers’ compensation law.
Right of action against third party.
Coverage, classification, registration, of workers.
Schedule of payments.
Expenditures authorized—Claims, payment and disposition—
Appeals.
Benefits under other compensation plans.
Benefits furnished under federal law—Reduction of state benefits.
Medical, surgical or hospital treatment.
Medical, surgical or hospital treatment—Reimbursement.
State compensation denied if payment prevents federal benefits.
Contracts or work on cost basis for emergency management
activities.
Search and rescue activities—Powers and duties of local officials.
Search and rescue activities—Distribution of funds for compensation and reimbursement of volunteers.
Model contingency plan for pollution control facilities and
hazardous waste management.
Emergency response caused by person’s intoxication—Recovery of costs from convicted person.
Statewide enhanced 911 service—Finding.
Statewide enhanced 911 service—Findings.
Statewide enhanced 911 service—Automatic location identification—Rules.
Statewide enhanced 911 service—Funding by counties.
State enhanced 911 coordination office.
State enhanced 911 coordination office—Public education
materials.
Enhanced 911 advisory committee (as amended by 2010 1st
sp.s. c 7).
Enhanced 911 advisory committee (as amended by 2010 1st
sp.s. c 19).
Enhanced 911 advisory committee—Annual legislative
update.
State enhanced 911 coordination office and advisory committee—Uniform national standards.
Enhanced 911 account.
Priorities for enhanced 911 funding.
Emergency communications systems and information—
Immunity from civil liability.
911 calls from radio communications service companies—
Technical and operational standards.
Short title.
Repeal and saving.
Transfer of powers, duties, and functions to state military
department.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
[Title 38 RCW—page 46]
Hazardous materials incidents, handling and liability: RCW 70.136.010
through 70.136.070.
38.52.005 State military department to administer
emergency management program—Local organizations
authorized to change name. The department shall administer the comprehensive emergency management program of
the state of Washington as provided for in this chapter. All
local organizations, organized and performing emergency
management functions pursuant to RCW 38.52.070, may
change their name and be called the . . . . . .
department/division of emergency management. [1995 c 391
§ 1; 1986 c 266 § 22; 1984 c 38 § 1; 1972 ex.s. c 6 § 1.]
38.52.005
Transfer of powers and duties of department of emergency management and office of archaeology and historic preservation—Construction
of statutory references: "The department of emergency management and
the office of archaeology and historic preservation are hereby abolished and
their powers, duties, and functions are hereby transferred to the department
of community development. All references to the director of emergency
management or the department of emergency management and the office of
archaeology and historic preservation in the Revised Code of Washington
shall be construed to mean the director or department of community development." [1986 c 266 § 1.]
Additional notes found at www.leg.wa.gov
38.52.010 Definitions. As used in this chapter:
(1) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for
which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies
and disasters, and to aid victims suffering from injury or
damage, resulting from disasters caused by all hazards,
whether natural, technological, or human caused, and to provide support for search and rescue operations for persons and
property in distress. However, "emergency management" or
"comprehensive emergency management" does not mean
preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.
(2) "Local organization for emergency services or management" means an organization created in accordance with
the provisions of this chapter by state or local authority to
perform local emergency management functions.
(3) "Political subdivision" means any county, city or
town.
(4) "Emergency worker" means any person who is registered with a local emergency management organization or the
department and holds an identification card issued by the
local emergency management director or the department for
the purpose of engaging in authorized emergency management activities or is an employee of the state of Washington
or any political subdivision thereof who is called upon to perform emergency management activities.
(5) "Injury" as used in this chapter shall mean and
include accidental injuries and/or occupational diseases arising out of emergency management activities.
(6)(a) "Emergency or disaster" as used in all sections of
this chapter except RCW 38.52.430 shall mean an event or
set of circumstances which: (i) Demands immediate action to
preserve public health, protect life, protect public property, or
to provide relief to any stricken community overtaken by
such occurrences, or (ii) reaches such a dimension or degree
38.52.010
(2010 Ed.)
Emergency Management
of destructiveness as to warrant the governor declaring a state
of emergency pursuant to RCW 43.06.010.
(b) "Emergency" as used in RCW 38.52.430 means an
incident that requires a normal police, coroner, fire, rescue,
emergency medical services, or utility response as a result of
a violation of one of the statutes enumerated in RCW
38.52.430.
(7) "Search and rescue" means the acts of searching for,
rescuing, or recovering by means of ground, marine, or air
activity any person who becomes lost, injured, or is killed
while outdoors or as a result of a natural, technological, or
human caused disaster, including instances involving
searches for downed aircraft when ground personnel are
used. Nothing in this section shall affect appropriate activity
by the department of transportation under chapter 47.68
RCW.
(8) "Executive head" and "executive heads" means the
county executive in those charter counties with an elective
office of county executive, however designated, and, in the
case of other counties, the county legislative authority. In the
case of cities and towns, it means the mayor in those cities
and towns with mayor-council or commission forms of government, where the mayor is directly elected, and it means the
city manager in those cities and towns with council manager
forms of government. Cities and towns may also designate
an executive head for the purposes of this chapter by ordinance.
(9) "Director" means the adjutant general.
(10) "Local director" means the director of a local organization of emergency management or emergency services.
(11) "Department" means the state military department.
(12) "Emergency response" as used in RCW 38.52.430
means a public agency’s use of emergency services during an
emergency or disaster as defined in subsection (6)(b) of this
section.
(13) "Expense of an emergency response" as used in
RCW 38.52.430 means reasonable costs incurred by a public
agency in reasonably making an appropriate emergency
response to the incident, but shall only include those costs
directly arising from the response to the particular incident.
Reasonable costs shall include the costs of providing police,
coroner, firefighting, rescue, emergency medical services, or
utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.
(14) "Public agency" means the state, and a city, county,
municipal corporation, district, town, or public authority
located, in whole or in part, within this state which provides
or may provide firefighting, police, ambulance, medical, or
other emergency services.
(15) "Incident command system" means: (a) An all-hazards, on-scene functional management system that establishes common standards in organization, terminology, and
procedures; provides a means (unified command) for the
establishment of a common set of incident objectives and
strategies during multiagency/multijurisdiction operations
while maintaining individual agency/jurisdiction authority,
responsibility, and accountability; and is a component of the
national interagency incident management system; or (b) an
equivalent and compatible all-hazards, on-scene functional
management system.
(2010 Ed.)
38.52.030
(16) "Radio communications service company" has the
meaning ascribed to it in RCW 82.14B.020. [2007 c 292 § 1;
2002 c 341 § 2; 1997 c 49 § 1; 1995 c 391 § 2. Prior: 1993 c
251 § 5; 1993 c 206 § 1; 1986 c 266 § 23; 1984 c 38 § 2; 1979
ex.s. c 268 § 1; 1975 1st ex.s. c 113 § 1; 1974 ex.s. c 171 § 4;
1967 c 203 § 1; 1953 c 223 § 2; 1951 c 178 § 3.]
Severability—Effective date—2002 c 341: See notes following RCW
38.52.501.
Finding—Intent—1993 c 251: See note following RCW 38.52.430.
Additional notes found at www.leg.wa.gov
38.52.020 Declaration of policy and purpose. (1)
Because of the existing and increasing possibility of the
occurrence of disasters of unprecedented size and destructiveness as defined in RCW 38.52.010(6), and in order to
insure that preparations of this state will be adequate to deal
with such disasters, to insure the administration of state and
federal programs providing disaster relief to individuals, and
further to insure adequate support for search and rescue operations, and generally to protect the public peace, health, and
safety, and to preserve the lives and property of the people of
the state, it is hereby found and declared to be necessary:
(a) To provide for emergency management by the state,
and to authorize the creation of local organizations for emergency management in the political subdivisions of the state;
(b) To confer upon the governor and upon the executive
heads of the political subdivisions of the state the emergency
powers provided herein;
(c) To provide for the rendering of mutual aid among the
political subdivisions of the state and with other states and to
cooperate with the federal government with respect to the
carrying out of emergency management functions;
(d) To provide a means of compensating emergency
management workers who may suffer any injury, as herein
defined, or death; who suffer economic harm including personal property damage or loss; or who incur expenses for
transportation, telephone or other methods of communication, and the use of personal supplies as a result of participation in emergency management activities; and
(e) To provide programs, with intergovernmental cooperation, to educate and train the public to be prepared for
emergencies.
(2) It is further declared to be the purpose of this chapter
and the policy of the state that all emergency management
functions of this state and its political subdivisions be coordinated to the maximum extent with the comparable functions
of the federal government including its various departments
and agencies of other states and localities, and of private
agencies of every type, to the end that the most effective
preparation and use may be made of the nation’s manpower,
resources, and facilities for dealing with any disaster that may
occur. [1986 c 266 § 24; 1984 c 38 § 3; 1979 ex.s. c 268 § 2;
1975 1st ex.s. c 113 § 2; 1974 ex.s. c 171 § 5; 1967 c 203 § 2;
1953 c 223 § 1; 1951 c 178 § 2.]
38.52.020
Additional notes found at www.leg.wa.gov
38.52.030 Director—Comprehensive emergency
management plan—Statewide enhanced 911 emergency
communications network—State coordinator of search
and rescue operations—State program for emergency
38.52.030
[Title 38 RCW—page 47]
38.52.037
Title 38 RCW: Militia and Military Affairs
assistance—State coordinator for radioactive and hazardous waste emergency response programs. (1) The
director may employ such personnel and may make such
expenditures within the appropriation therefor, or from other
funds made available for purposes of emergency management, as may be necessary to carry out the purposes of this
chapter.
(2) The director, subject to the direction and control of
the governor, shall be responsible to the governor for carrying out the program for emergency management of this state.
The director shall coordinate the activities of all organizations for emergency management within the state, and shall
maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the
federal government, and shall have such additional authority,
duties, and responsibilities authorized by this chapter, as may
be prescribed by the governor.
(3) The director shall develop and maintain a comprehensive, all-hazard emergency plan for the state which shall
include an analysis of the natural, technological, or human
caused hazards which could affect the state of Washington,
and shall include the procedures to be used during emergencies for coordinating local resources, as necessary, and the
resources of all state agencies, departments, commissions,
and boards. The comprehensive emergency management
plan shall direct the department in times of state emergency
to administer and manage the state’s emergency operations
center. This will include representation from all appropriate
state agencies and be available as a single point of contact for
the authorizing of state resources or actions, including emergency permits. The comprehensive emergency management
plan must specify the use of the incident command system for
multiagency/multijurisdiction operations. The comprehensive, all-hazard emergency plan authorized under this subsection may not include preparation for emergency evacuation
or relocation of residents in anticipation of nuclear attack.
This plan shall be known as the comprehensive emergency
management plan.
(4) In accordance with the comprehensive emergency
management plans and the programs for the emergency management of this state, the director shall procure supplies and
equipment, institute training programs and public information programs, and shall take all other preparatory steps,
including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure
the furnishing of adequately trained and equipped forces of
emergency management personnel in time of need.
(5) The director shall make such studies and surveys of
the industries, resources, and facilities in this state as may be
necessary to ascertain the capabilities of the state for emergency management, and shall plan for the most efficient
emergency use thereof.
(6) The emergency management council shall advise the
director on all aspects of the communications and warning
systems and facilities operated or controlled under the provisions of this chapter.
(7) The director, through the state enhanced 911 coordinator, shall coordinate and facilitate implementation and
operation of a statewide enhanced 911 emergency communications network.
[Title 38 RCW—page 48]
(8) The director shall appoint a state coordinator of
search and rescue operations to coordinate those state
resources, services and facilities (other than those for which
the state director of aeronautics is directly responsible)
requested by political subdivisions in support of search and
rescue operations, and on request to maintain liaison with and
coordinate the resources, services, and facilities of political
subdivisions when more than one political subdivision is
engaged in joint search and rescue operations.
(9) The director, subject to the direction and control of
the governor, shall prepare and administer a state program for
emergency assistance to individuals within the state who are
victims of a natural, technological, or human caused disaster,
as defined by RCW 38.52.010(6). Such program may be integrated into and coordinated with disaster assistance plans and
programs of the federal government which provide to the
state, or through the state to any political subdivision thereof,
services, equipment, supplies, materials, or funds by way of
gift, grant, or loan for purposes of assistance to individuals
affected by a disaster. Further, such program may include,
but shall not be limited to, grants, loans, or gifts of services,
equipment, supplies, materials, or funds of the state, or any
political subdivision thereof, to individuals who, as a result of
a disaster, are in need of assistance and who meet standards
of eligibility for disaster assistance established by the department of social and health services: PROVIDED, HOWEVER, That nothing herein shall be construed in any manner
inconsistent with the provisions of Article VIII, section 5 or
section 7 of the Washington state Constitution.
(10) The director shall appoint a state coordinator for
radioactive and hazardous waste emergency response programs. The coordinator shall consult with the state radiation
control officer in matters relating to radioactive materials.
The duties of the state coordinator for radioactive and hazardous waste emergency response programs shall include:
(a) Assessing the current needs and capabilities of state
and local radioactive and hazardous waste emergency
response teams on an ongoing basis;
(b) Coordinating training programs for state and local
officials for the purpose of updating skills relating to emergency mitigation, preparedness, response, and recovery;
(c) Utilizing appropriate training programs such as those
offered by the federal emergency management agency, the
department of transportation and the environmental protection agency; and
(d) Undertaking other duties in this area that are deemed
appropriate by the director. [1997 c 49 § 2; 1995 c 269 §
1201. Prior: 1991 c 322 § 20; 1991 c 54 § 2; 1986 c 266 § 25;
1984 c 38 § 4; 1975 1st ex.s. c 113 § 3; 1973 1st ex.s. c 154 §
58; 1967 c 203 § 3; 1951 c 178 § 4.]
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Reviser’s note: "This act," chapter 54, Laws of 1991, was adopted and
ratified by the people at the November 5, 1991, general election (Referendum Bill No. 42).
Hazardous and radioactive wastes: Chapters 70.98, 70.99, 70.105, 70.136
RCW.
Additional notes found at www.leg.wa.gov
38.52.037 Comprehensive state mine rescue plan—
Submittal to legislature. The department shall consult with
appropriate local, state, federal, and private sector officials in
38.52.037
(2010 Ed.)
Emergency Management
developing a comprehensive state mine rescue plan. The plan
shall identify mine rescue resources, set forth a framework
for a coordinated response to mine rescue emergencies, identify shortfalls, and recommend solutions.
The draft of the comprehensive state mine rescue plan
and a schedule for submittal of the final plan shall be submitted to the legislature on January 13, 1986. [1986 c 266 § 26;
1985 c 459 § 6.]
Additional notes found at www.leg.wa.gov
38.52.040
38.52.040 Emergency management council—Members—Ad hoc committees—Function as state emergency
response commission—Rules review. (1) There is hereby
created the emergency management council (hereinafter
called the council), to consist of not more than seventeen
members who shall be appointed by the governor. The membership of the council shall include, but not be limited to, representatives of city and county governments, sheriffs and
police chiefs, the Washington state patrol, the military
department, the department of ecology, state and local fire
chiefs, seismic safety experts, state and local emergency
management directors, search and rescue volunteers, medical
professions who have expertise in emergency medical care,
building officials, and private industry. The representatives
of private industry shall include persons knowledgeable in
emergency and hazardous materials management. The council members shall elect a chairman from within the council
membership. The members of the council shall serve without
compensation, but may be reimbursed for their travel
expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or
hereafter amended.
(2) The emergency management council shall advise the
governor and the director on all matters pertaining to state
and local emergency management. The council may appoint
such ad hoc committees, subcommittees, and working groups
as are required to develop specific recommendations for the
improvement of emergency management practices, standards, policies, or procedures. The council shall ensure that
the governor receives an annual assessment of statewide
emergency preparedness including, but not limited to, specific progress on hazard mitigation and reduction efforts,
implementation of seismic safety improvements, reduction of
flood hazards, and coordination of hazardous materials planning and response activities. The council or a subcommittee
thereof shall periodically convene in special session and
serve during those sessions as the state emergency response
commission required by P.L. 99-499, the emergency planning and community right-to-know act. When sitting in session as the state emergency response commission, the council
shall confine its deliberations to those items specified in federal statutes and state administrative rules governing the
coordination of hazardous materials policy. The council shall
review administrative rules governing state and local emergency management practices and recommend necessary revisions to the director. [1995 c 269 § 1202; 1988 c 81 § 18;
1984 c 38 § 5; 1979 ex.s. c 57 § 8; 1975-’76 2nd ex.s. c 34 §
82; 1974 ex.s. c 171 § 6; 1951 c 178 § 5.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
38.52.070
38.52.050 Governor’s general powers and duties. (1)
The governor, through the director, shall have general supervision and control of the emergency management functions
in the department, and shall be responsible for the carrying
out of the provisions of this chapter, and in the event of disaster beyond local control, may assume direct operational control over all or any part of the emergency management functions within this state.
(2) In performing his or her duties under this chapter, the
governor is authorized to cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency management of this state
and of the nation.
(3) In performing his or her duties under this chapter and
to effect its policy and purpose, the governor is further authorized and empowered:
(a) To make, amend, and rescind the necessary orders,
rules, and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him
herein, with due consideration of the plans of the federal government;
(b) On behalf of this state, to enter into mutual aid
arrangements with other states and territories, or provinces of
the Dominion of Canada and to coordinate mutual aid interlocal agreements between political subdivisions of this state;
(c) To delegate any administrative authority vested in
him under this chapter, and to provide for the subdelegation
of any such authority;
(d) To appoint, with the advice of local authorities, metropolitan or regional area coordinators, or both, when practicable;
(e) To cooperate with the president and the heads of the
armed forces, the emergency management agency of the
United States, and other appropriate federal officers and
agencies, and with the officers and agencies of other states in
matters pertaining to the emergency management of the state
and nation. [1997 c 49 § 3; 1986 c 266 § 27; 1984 c 38 § 6;
1974 ex.s. c 171 § 7; 1951 c 178 § 6.]
38.52.050
Additional notes found at www.leg.wa.gov
38.52.070 Local organizations and joint local organizations authorized—Establishment, operation—Emergency powers, procedures. (1) Each political subdivision of
this state is hereby authorized and directed to establish a local
organization or to be a member of a joint local organization
for emergency management in accordance with the state
comprehensive emergency management plan and program:
PROVIDED, That a political subdivision proposing such
establishment shall submit its plan and program for emergency management to the state director and secure his or her
recommendations thereon, and verification of consistency
with the state comprehensive emergency management plan,
in order that the plan of the local organization for emergency
management may be coordinated with the plan and program
of the state. Local comprehensive emergency management
plans must specify the use of the incident command system
for multiagency/multijurisdiction operations. No political
subdivision may be required to include in its plan provisions
for the emergency evacuation or relocation of residents in
anticipation of nuclear attack. If the director’s recommendations are adverse to the plan as submitted, and, if the local
38.52.070
[Title 38 RCW—page 49]
38.52.080
Title 38 RCW: Militia and Military Affairs
organization does not agree to the director’s recommendations for modification to the proposal, the matter shall be
referred to the council for final action. The director may
authorize two or more political subdivisions to join in the
establishment and operation of a joint local organization for
emergency management as circumstances may warrant, in
which case each political subdivision shall contribute to the
cost of emergency management upon such fair and equitable
basis as may be determined upon by the executive heads of
the constituent subdivisions. If in any case the executive
heads cannot agree upon the proper division of cost the matter shall be referred to the council for arbitration and its decision shall be final. When two or more political subdivisions
join in the establishment and operation of a joint local organization for emergency management each shall pay its share of
the cost into a special pooled fund to be administered by the
treasurer of the most populous subdivision, which fund shall
be known as the . . . . . . emergency management fund. Each
local organization or joint local organization for emergency
management shall have a director who shall be appointed by
the executive head of the political subdivision, and who shall
have direct responsibility for the organization, administration, and operation of such local organization for emergency
management, subject to the direction and control of such
executive officer or officers. In the case of a joint local organization for emergency management, the director shall be
appointed by the joint action of the executive heads of the
constituent political subdivisions. Each local organization or
joint local organization for emergency management shall perform emergency management functions within the territorial
limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside
of such territorial limits as may be required pursuant to the
provisions of this chapter.
(2) In carrying out the provisions of this chapter each
political subdivision, in which any disaster as described in
RCW 38.52.020 occurs, shall have the power to enter into
contracts and incur obligations necessary to combat such
disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of
such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the
exigencies of an extreme emergency situation without regard
to time-consuming procedures and formalities prescribed by
law (excepting mandatory constitutional requirements),
including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the
purchase of supplies and materials, the levying of taxes, and
the appropriation and expenditures of public funds. [1997 c
49 § 4; 1986 c 266 § 28; 1984 c 38 § 7; 1974 ex.s. c 171 § 9;
1951 c 178 § 8.]
Additional notes found at www.leg.wa.gov
38.52.080
38.52.080 Outside aid—Rights and liabilities—
Claims. (1) Whenever the employees of any political subdivision are rendering outside aid pursuant to the authority contained in RCW 38.52.070 such employees shall have the
[Title 38 RCW—page 50]
same powers, duties, rights, privileges, and immunities as if
they were performing their duties in the political subdivisions
in which they are normally employed.
(2) The political subdivision in which any equipment is
used pursuant to this section shall be liable for any loss or
damage thereto and shall pay any expense incurred in the
operation and maintenance thereof. No claim for such loss,
damage, or expense shall be allowed unless, within sixty days
after the same is sustained or incurred, an itemized notice of
such claim under oath is served by mail or otherwise upon the
executive head of such political subdivision where the equipment was used. The term "employee" as used in this section
shall mean, and the provisions of this section shall apply with
equal effect to, volunteer auxiliary employees, and emergency workers.
(3) The foregoing rights, privileges, and obligations shall
also apply in the event such aid is rendered outside the state,
provided that payment or reimbursement in such case shall or
may be made by the state or political subdivision receiving
such aid pursuant to a reciprocal mutual aid agreement or
compact with such state or by the federal government. [1984
c 38 § 8; 1974 ex.s. c 171 § 10; 1951 c 178 § 9.]
38.52.091
38.52.091 Mutual aid and interlocal agreements—
Requirements. (1) The director of each local organization
for emergency management may, in collaboration with other
public and private agencies within this state, develop or cause
to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster too
great to be dealt with unassisted. Such arrangements must be
consistent with the state emergency management plan and
program, and in time of emergency it is the duty of each local
organization for emergency management to render assistance
in accordance with the provisions of such mutual aid arrangements. The adjutant general shall maintain and distribute a
mutual aid and interlocal agreement handbook.
(2) The adjutant general and the director of each local
organization for emergency management may, subject to the
approval of the governor, enter into mutual aid arrangements
with emergency management agencies or organizations in
other states for reciprocal emergency management aid and
assistance in case of disaster too great to be dealt with unassisted. All such arrangements must contain the language and
provisions in subsection (3) of this section.
(3) Mutual aid and interlocal agreements must include
the following:
Purpose
The purpose must state the reason the mutual aid or interlocal
agreement or compact is coordinated, the parties to the agreement or compact, and the assistance to be provided.
Authorization
Article I, section 10 of the Constitution of the United States
permits a state to enter into an agreement or compact with
another state, subject to the consent of Congress. Congress,
through enactment of Title 50 U.S.C. Sections 2281(g), 2283
and the Executive Department, by issuance of Executive
Orders No. 10186 of December 1, 1950, encourages the
(2010 Ed.)
Emergency Management
states to enter into emergency, disaster and civil defense
mutual aid agreements or pacts.
Implementation
The conditions that guide the agreement or compacts may
include, but are not limited to:
(a) A statement of which authority or authorities are
authorized to request and receive assistance and the conditions that must exist for the request or receipt of assistance.
(b) A statement of how the requests for assistance may
be made, what documentation of the request is required, the
specifics of any details included in the request, and the
required approval for the request.
(c) A statement of the direction and control relationship
between the personnel and equipment provided by the jurisdiction to the requester and the requirements of the requester
to coordinate the activities of the jurisdiction providing the
assets.
(d) A statement of the circumstances by which the assisting jurisdiction may withdraw support from the requester and
the method by which this is to be communicated.
General Fiscal Provisions
The terms of reimbursement must be stated defining the relationship between the requesting jurisdiction and the aiding
jurisdiction, when reimbursement will be made, and details
of the claim for reimbursement. The provisions may include
statements that discuss but are not limited to:
(a) A statement of what costs are incurred by the requesting jurisdiction.
(b) A statement of what costs and compensation benefits
are made to individuals from the aiding jurisdiction by the
requesting jurisdiction.
Privileges and Immunities
The conditions and immunities that are enjoyed by the individuals from the aiding jurisdiction to the requesting jurisdiction must be stated. These provisions may include but are not
limited to:
(a) A statement of the privileges and immunities from
liability and the law an employee of a supporting jurisdiction
enjoys while supporting the requesting jurisdiction.
(b) A statement of the privileges and immunities from
liability and the law a volunteer from a supporting jurisdiction enjoys while supporting the requesting jurisdiction.
(c) A statement on the use of the national guard between
the requesting and supporting jurisdictions.
(d) A hold harmless agreement between the signatory
jurisdictions.
(e) The precedence this agreement takes with existing
agreements.
(f) A time line by which information required by the
agreement is exchanged and updated annually.
(g) The time in which the agreement becomes effective.
(h) The time and conditions when a signatory may withdraw and render the agreement ineffective. [1997 c 195 § 1.]
38.52.100 Appropriations—Acceptance of funds,
services, etc. (1) Each political subdivision shall have the
power to make appropriations in the manner provided by law
38.52.100
(2010 Ed.)
38.52.106
for making appropriations for the ordinary expenses of such
political subdivision for the payment of expenses of its local
organization for emergency management.
(2) Whenever the federal government or any agency or
officer thereof shall offer to the state, or through the state to
any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for
purposes of emergency management, the state, acting
through the governor, or such political subdivision, acting
with the consent of the governor and through its executive
head, may accept such offer and upon such acceptance the
governor of the state or executive head of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services,
equipment, supplies, materials, or funds on behalf of the state
or such political subdivision, and subject to the terms of the
offer and the rules and regulations, if any, of the agency making the offer.
(3) Whenever any person, firm, or corporation shall offer
to the state or to any political subdivision thereof, services,
equipment, supplies, materials, or funds by way of gift, grant,
or loan, for the purposes of emergency management, the
state, acting through the governor, or such political subdivision, acting through its executive head, may accept such offer
and upon such acceptance the governor of the state or executive head of such political subdivision may authorize any
officer of the state or of the political subdivision, as the case
may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer. [1984 c 38 § 10;
1974 ex.s. c 171 § 12; 1951 c 178 § 12.]
38.52.105 Disaster response account. The disaster
response account is created in the state treasury. Moneys
may be placed in the account from legislative appropriations
and transfers, federal appropriations, or any other lawful
source. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for support of state agency and local government disaster response and recovery efforts and to reimburse the workers’ compensation funds and self-insured employers under
RCW 51.16.220. During the 2009-2011 fiscal biennium, the
legislature may transfer from the disaster response account to
the state drought preparedness account such amounts as
reflect the excess fund balance of the account to support
expenditures related to a state drought declaration. [2010 1st
sp.s. c 37 § 919; 2005 c 422 § 2; 2002 c 371 § 903; 1997 c 251
§ 1.]
38.52.105
Effective date—2010 1st sp.s. c 37: See note following RCW
13.06.050.
Rules—Effective date—2005 c 422: See notes following RCW
51.16.220.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Additional notes found at www.leg.wa.gov
38.52.106 Nisqually earthquake account. The
Nisqually earthquake account is created in the state treasury.
Moneys may be placed in the account from tax revenues,
budget transfers or appropriations, federal appropriations,
gifts, or any other lawful source. Moneys in the account may
38.52.106
[Title 38 RCW—page 51]
38.52.110
Title 38 RCW: Militia and Military Affairs
be spent only after appropriation. Moneys in the account
shall be used only to support state and local government
disaster response and recovery efforts associated with the
Nisqually earthquake. During the 2003-2005 fiscal biennium, the legislature may transfer moneys from the Nisqually
earthquake account to the disaster response account for fire
suppression and mobilization costs. During the 2007-2009
fiscal biennium, moneys in the account may also be used to
support disaster response and recovery efforts associated
with flood and storm damage. During the 2009-2011 fiscal
biennium, the legislature may transfer moneys from the
Nisqually earthquake account to the disaster response
account for disaster response and recovery efforts associated
with flood and storm damage. [2009 c 564 § 922; 2008 c 329
§ 909; 2003 1st sp.s. c 25 § 913; 2002 c 371 § 904; 2001 c 5
§ 2.]
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—Effective date—2008 c 329: See notes following RCW
28B.105.110.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Nisqually earthquake emergency declaration—2001 c 5: "The legislature declares an emergency caused by a natural disaster, known as the
Nisqually earthquake, which occurred on February 28, 2001, as proclaimed
by the governor and the president of the United States." [2001 c 5 § 1.]
Effective date—2001 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 2001]." [2001 c 5 § 6.]
38.52.110
38.52.110 Use of existing services and facilities—
Impressment of citizenry. (1) In carrying out the provisions
of this chapter, the governor and the executive heads of the
political subdivisions of the state are directed to utilize the
services, equipment, supplies, and facilities of existing
departments, offices, and agencies of the state, political subdivisions, and all other municipal corporations thereof
including but not limited to districts and quasi municipal corporations organized under the laws of the state of Washington to the maximum extent practicable, and the officers and
personnel of all such departments, offices, and agencies are
directed to cooperate with and extend such services and facilities to the governor and to the emergency management organizations of the state upon request notwithstanding any other
provision of law.
(2) The governor, the chief executive of counties, cities
and towns and the emergency management directors of local
political subdivisions appointed in accordance with this chapter, in the event of a disaster, after proclamation by the governor of the existence of such disaster, shall have the power
to command the service and equipment of as many citizens as
considered necessary in the light of the disaster proclaimed:
PROVIDED, That citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by this chapter and federal and state emergency management regulations for registered emergency workers. [1984 c 38 § 11; 1974 ex.s. c 171
§ 13; 1971 ex.s. c 8 § 1; 1955 c 210 § 1; 1951 c 178 § 13.]
[Title 38 RCW—page 52]
38.52.120 Political activity prohibited. No organization for emergency management established under the
authority of this chapter shall participate in any form of political activity, nor shall it be employed directly or indirectly for
political purposes. [1984 c 38 § 12; 1974 ex.s. c 171 § 14;
1951 c 178 § 14.]
38.52.120
38.52.140 Status of civil service employee preserved.
Any civil service employee of the state of Washington or of
any political subdivision thereof while on leave of absence
and on duty with any emergency management agency authorized under the provisions of this chapter shall be preserved
in his civil service status as to seniority and retirement rights
so long as he regularly continues to make the usual contributions incident to the retention of such beneficial rights as if he
were not on leave of absence. [1984 c 38 § 13; 1974 ex.s. c
171 § 16; 1951 c 178 § 16.]
38.52.140
38.52.150 Orders, rules, regulations—Enforcement—Availability—Penalty. (1) It shall be the duty of
every organization for emergency management established
pursuant to this chapter and of the officers thereof to execute
and enforce such orders, rules, and regulations as may be
made by the governor under authority of this chapter. Each
such organization shall have available for inspection at its
office all orders, rules, and regulations made by the governor,
or under his or her authority.
(2)(a) Except as provided in (b) of this subsection, every
violation of any rule, regulation, or order issued under the
authority of this chapter is a misdemeanor.
(b) A second offense hereunder the same is a gross misdemeanor. [2003 c 53 § 211; 1984 c 38 § 14; 1974 ex.s. c 171
§ 17; 1951 c 178 § 18.]
38.52.150
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
38.52.160 Matching funds from political subdivision
may be required. The emergency management agency is
hereby authorized to require of any political subdivision to
which funds are allocated under this chapter for any project,
use or activity that such subdivision shall provide matching
funds in equal amounts with respect to such project, use or
activity. [1984 c 38 § 15; 1974 ex.s. c 171 § 18; 1951 c 178
§ 19.]
38.52.160
38.52.170 Plan for federal area. Whenever the director finds that it will be in the interest of the emergency management of this state or of the United States, the director may,
with the approval of the governor, agree with the federal government, or any agency thereof carrying on activities within
this state, upon a plan of emergency management applicable
to a federally owned area, which plan may or may not conform to all of the other provisions of this chapter with the
view to integrating federally owned areas into the comprehensive plan and program of the emergency management of
this state. Such plan may confer upon persons carrying out
such plan any or all of the rights, powers, privileges and
immunities granted employees or representatives of the state
and/or its political subdivisions by this chapter. The plan of
emergency management authorized under this section may
not include preparation for emergency evacuation or reloca38.52.170
(2010 Ed.)
Emergency Management
tion of residents in anticipation of nuclear attack. [1986 c 266
§ 30; 1984 c 38 § 16; 1974 ex.s. c 171 § 19; 1951 c 178 § 20.]
Additional notes found at www.leg.wa.gov
38.52.180
38.52.180 Liability for property damage, bodily
injury, death—Immunity—Assumption by state—
Indemnification—Immunity from liability for covered
volunteers. (1) There shall be no liability on the part of anyone including any person, partnership, corporation, the state
of Washington or any political subdivision thereof who owns
or maintains any building or premises which have been designated by a local organization for emergency management
as a shelter from destructive operations or attacks by enemies
of the United States for any injuries sustained by any person
while in or upon said building or premises, as a result of the
condition of said building or premises or as a result of any act
or omission, or in any way arising from the designation of
such premises as a shelter, when such person has entered or
gone upon or into said building or premises for the purpose of
seeking refuge therein during destructive operations or
attacks by enemies of the United States or during tests
ordered by lawful authority, except for an act of willful negligence by such owner or occupant or his servants, agents, or
employees.
(2) All legal liability for damage to property or injury or
death to persons (except an emergency worker, regularly
enrolled and acting as such), caused by acts done or
attempted during or while traveling to or from an emergency
or disaster, search and rescue, or training or exercise authorized by the department in preparation for an emergency or
disaster or search and rescue, under the color of this chapter
in a bona fide attempt to comply therewith, except as provided in subsections (3), (4), and (5) of this section regarding
covered volunteer emergency workers, shall be the obligation
of the state of Washington. Suits may be instituted and maintained against the state for the enforcement of such liability,
or for the indemnification of persons appointed and regularly
enrolled as emergency workers while actually engaged in
emergency management duties, or as members of any agency
of the state or political subdivision thereof engaged in emergency management activity, or their dependents, for damage
done to their private property, or for any judgment against
them for acts done in good faith in compliance with this chapter: PROVIDED, That the foregoing shall not be construed
to result in indemnification in any case of willful misconduct,
gross negligence or bad faith on the part of any agent of emergency management: PROVIDED, That should the United
States or any agency thereof, in accordance with any federal
statute, rule or regulation, provide for the payment of damages to property and/or for death or injury as provided for in
this section, then and in that event there shall be no liability
or obligation whatsoever upon the part of the state of Washington for any such damage, death, or injury for which the
United States government assumes liability.
(3) No act or omission by a covered volunteer emergency worker while engaged in a covered activity shall
impose any liability for civil damages resulting from such an
act or omission upon:
(a) The covered volunteer emergency worker;
(2010 Ed.)
38.52.190
(b) The supervisor or supervisors of the covered volunteer emergency worker;
(c) Any facility or their officers or employees;
(d) The employer of the covered volunteer emergency
worker;
(e) The owner of the property or vehicle where the act or
omission may have occurred during the covered activity;
(f) Any local organization that registered the covered
volunteer emergency worker; and
(g) The state or any state or local governmental entity.
(4) The immunity in subsection (3) of this section applies
only when the covered volunteer emergency worker was
engaged in a covered activity:
(a) Within the scope of his or her assigned duties;
(b) Under the direction of a local emergency management organization or the department, or a local law enforcement agency for search and rescue; and
(c) The act or omission does not constitute gross negligence or willful or wanton misconduct.
(5) For purposes of this section:
(a) "Covered volunteer emergency worker" means an
emergency worker as defined in RCW 38.52.010 who (i) is
not receiving or expecting compensation as an emergency
worker from the state or local government, or (ii) is not a state
or local government employee unless on leave without pay
status.
(b) "Covered activity" means:
(i) Providing assistance or transportation authorized by
the department during an emergency or disaster or search and
rescue as defined in RCW 38.52.010, whether such assistance
or transportation is provided at the scene of the emergency or
disaster or search and rescue, at an alternative care site, at a
hospital, or while in route to or from such sites or between
sites; or
(ii) Participating in training or exercise authorized by the
department in preparation for an emergency or disaster or
search and rescue.
(6) Any requirement for a license to practice any professional, mechanical or other skill shall not apply to any authorized emergency worker who shall, in the course of performing his duties as such, practice such professional, mechanical
or other skill during an emergency described in this chapter.
(7) The provisions of this section shall not affect the
right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the workers’
compensation law, or under any pension or retirement law,
nor the right of any such person to receive any benefits or
compensation under any act of congress. [2007 c 292 § 2;
1987 c 185 § 7; 1984 c 38 § 17; 1974 ex.s. c 171 § 20; 1971
ex.s. c 8 § 2; 1953 c 145 § 1; 1951 c 178 § 11.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
38.52.190 Compensation for injury or death—Chapter exclusive. Except as provided in this chapter, an emergency worker and his dependents shall have no right to
receive compensation from the state, from the agency, from
the local organization for emergency management with
which he is registered, or from the county or city which has
empowered the local organization for emergency management to register him and direct his activities, for an injury or
38.52.190
[Title 38 RCW—page 53]
38.52.195
Title 38 RCW: Militia and Military Affairs
death arising out of and occurring in the course of his activities as an emergency worker. [1984 c 38 § 18; 1974 ex.s. c
171 § 21; 1953 c 223 § 3.]
38.52.195 Exemption from liability while providing
construction, equipment or work. Notwithstanding any
other provision of law, no person, firm, corporation, or other
entity acting under the direction or control of the proper
authority to provide construction, equipment, or work as provided for in RCW 38.52.110, 38.52.180, 38.52.195,
38.52.205, 38.52.207, 38.52.220 and 38.52.390 while complying with or attempting to comply with RCW 38.52.110,
38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220 and
38.52.390 or any rule or regulation promulgated pursuant to
the provisions of RCW 38.52.110, 38.52.180, 38.52.195,
38.52.205, 38.52.207, 38.52.220 and 38.52.390 shall be liable for the death of or any injury to persons or damage to
property as a result of any such activity: PROVIDED, That
said exemption shall only apply where all of the following
conditions occur:
(1) Where, at the time of the incident the worker is performing services as an emergency worker, and is acting
within the course of his duties as an emergency worker;
(2) Where, at the time of the injury, loss, or damage, the
organization for emergency management which the worker is
assisting is an approved organization for emergency management;
(3) Where the injury, loss, or damage is proximately
caused by his service either with or without negligence as an
emergency worker;
(4) Where the injury, loss, or damage is not caused by the
intoxication of the worker; and
(5) Where the injury, loss, or damage is not due to wilful
misconduct or gross negligence on the part of a worker.
[1984 c 38 § 19; 1974 ex.s. c 171 § 22; 1971 ex.s. c 8 § 7.]
38.52.195
38.52.1951 Application of exemption from liability
for architects and engineers. For purposes of the liability of
an architect or engineer serving as a volunteer emergency
worker, the exemption from liability provided under RCW
38.52.195 extends to all damages, so long as the conditions
specified in RCW 38.52.195 (1) through (5) occur. [1993 c
206 § 2.]
38.52.1951
38.52.198 Emergency care, rescue, assistance, or
recovery services in mine rescue or recovery work—
Immunity from liability. No person engaged in mine rescue
or recovery work who, in good faith, renders emergency care,
rescue, assistance, or recovery services at the scene of any
emergency at or in a mine in this state or who employs, sponsors, or represents any person rendering emergency care, rescue, assistance, or recovery services shall be liable for any
civil damages as a result of any act or omission by any person
in rendering emergency care, rescue, assistance, or recovery
service. [1985 c 459 § 9.]
38.52.198
Additional notes found at www.leg.wa.gov
38.52.200 Liability for compensation is in lieu of
other liability—Exception. Liability for the compensation
provided by this chapter, as limited by the provisions thereof,
38.52.200
[Title 38 RCW—page 54]
is in lieu of any other liability whatsoever to an emergency
worker or his dependents or any other person on the part of
the state, the agency, the local organization for emergency
management with which the emergency worker is registered,
and the county or city which has empowered the local organization for emergency management to register him and direct
his activities, for injury or death arising out of and in the
course of his activities while on duty as an emergency
worker: PROVIDED, That nothing in this chapter shall limit
or bar the liability of the state or its political subdivisions
engaged in proprietary functions as distinguished from governmental functions that may exist by reason of injury or
death sustained by an emergency worker. [1984 c 38 § 20;
1974 ex.s. c 171 § 23; 1953 c 223 § 9.]
38.52.205
38.52.205 Claims arising from emergency management related activities—Filing—Contents. All claims
against the state for property damages or indemnification
therefor arising from emergency management related activities will be presented to and filed with the director of financial management. Contents of all such claims shall conform
to the tort claim filing requirements found in RCW 4.92.100
as now or hereafter amended. [1984 c 38 § 21; 1979 c 151 §
43; 1977 ex.s. c 144 § 6; 1974 ex.s. c 171 § 24; 1971 ex.s. c 8
§ 4.]
38.52.207
38.52.207 Claims arising from emergency management related activities—Filing—Consideration, adjustment, settlement, etc., by director—Effect. The director,
with the approval of the attorney general, may consider,
ascertain, adjust, determine, compromise and settle property
loss or damage claims arising out of conduct or circumstances for which the state of Washington would be liable in
law for money damages of two thousand dollars or less. The
acceptance by the claimant of any such award, compromise,
or settlement shall be final and conclusive on the claimant;
and upon the state of Washington, unless procured by fraud,
and shall constitute a complete release of any claim against
the state of Washington. A request for administrative settlement shall not preclude a claimant from filing court action
pending administrative determination, or limit the amount
recoverable in such a suit, or constitute an admission against
interest of either the claimant or the state. [1986 c 266 § 31;
1984 c 38 § 22; 1974 ex.s. c 171 § 25; 1971 ex.s. c 8 § 5.]
Additional notes found at www.leg.wa.gov
38.52.210
38.52.210 Compensation boards—Established. (1) In
each local organization for emergency management established by the legislative authority of the county in accordance
with the provisions of RCW 38.52.070, there is hereby created and established a compensation board for the processing
of claims as provided in this chapter. The compensation
board shall be composed of: (a) The county executive if the
county has an elected county executive or, if it does not, one
member of the county legislative authority selected by the
authority. The executive or the member will serve as the chair
of the compensation board; (b) the county director of emergency services; (c) the prosecuting attorney; (d) the emergency services coordinator for medical and health services;
(2010 Ed.)
Emergency Management
and (e) the county auditor who will serve as secretary of the
compensation board.
(2) In each local organization for emergency management established by cities and towns in accordance with
RCW 38.52.070, there is hereby created and established a
compensation board for the processing of claims as provided
in this chapter. The compensation board shall be composed of
the mayor; the city director of emergency management; one
councilmember or commissioner selected by the council or
the commission; the city attorney or corporation counsel; and
the local coordinator of medical and health services. The
councilmember or commissioner so selected shall serve as
the chair of the compensation board and the city director of
emergency management shall serve as secretary of the board.
[1986 c 266 § 32; 1984 c 38 § 23; 1981 c 213 § 6; 1974 ex.s.
c 171 § 26; 1953 c 223 § 4.]
Additional notes found at www.leg.wa.gov
38.52.220 Compensation boards—Meetings—
Claims not necessitating board meeting. Said compensation board shall meet on the call of its chairman on a regular
monthly meeting day when there is business to come before
it. The chairman shall be required to call a meeting on any
monthly meeting day when any claim for compensation
under this chapter has been submitted to the board: PROVIDED, That as to claims involving amounts of two thousand dollars or less, the local organization director shall submit recommendations directly to the state without convening
a compensation board. [1984 c 38 § 24; 1971 ex.s. c 8 § 3;
1953 c 223 § 5.]
38.52.220
38.52.230 Compensation boards—Attendance of witnesses, oaths, rules—Members uncompensated. The compensation board, in addition to other powers herein granted,
shall have the power to compel the attendance of witnesses to
testify before it on all matters connected with the operation of
this chapter and its chairman or any member of said board
may administer oath to such witnesses; to make all necessary
rules and regulations for its guidance in conformity with the
provisions of this chapter: PROVIDED, HOWEVER, That
no compensation or emoluments shall be paid to any member
of said board for any duties performed as a member of said
compensation board. [1953 c 223 § 6.]
38.52.230
38.52.240 Compensation boards—Duties as to compensation applications. The compensation board shall hear
and decide all applications for compensation under this chapter. The board shall submit its recommendations to the director on such forms as he or she may prescribe. In case the decision of the director is different from the recommendation of
the compensation board, the matter shall be submitted to the
state emergency management council for action. [1986 c 266
§ 33; 1984 c 38 § 25; 1974 ex.s. c 171 § 27; 1953 c 223 § 7.]
38.52.240
Additional notes found at www.leg.wa.gov
38.52.250 Compensation boards—Quorum—Transmittal of minutes, claims—Appeal to department. A
majority of the compensation board shall constitute a quorum, and no business shall be transacted when a majority is
38.52.250
(2010 Ed.)
38.52.290
not present, and no claim shall be allowed when a majority of
the board has not voted favorably thereon.
The board shall send a copy of the minutes of all meetings to the department with copies of all material pertaining
to each claim submitted and noting the action of the board on
each claim. Appeals may be made by the emergency worker
from any action by the board within one year by writing to the
department. [1986 c 266 § 34; 1984 c 38 § 26; 1974 ex.s. c
171 § 28; 1953 c 223 § 8.]
Additional notes found at www.leg.wa.gov
38.52.260 When compensation furnished. Compensation shall be furnished to an emergency worker either
within or without the state for any injury arising out of and
occurring in the course of his activities as an emergency
worker, and for the death of any such worker if the injury
proximately causes death, in those cases where the following
conditions occur:
(1) Where, at the time of the injury the emergency
worker is performing services as an emergency worker, and
is acting within the course of his duties as an emergency
worker.
(2) Where, at the time of the injury the local organization
for emergency management with which the emergency
worker is registered is an approved local organization for
emergency management.
(3) Where the injury is proximately caused by his service
as an emergency worker, either with or without negligence.
(4) Where the injury is not caused by the intoxication of
the injured emergency worker.
(5) Where the injury is not intentionally self-inflicted.
[1984 c 38 § 27; 1974 ex.s. c 171 § 29; 1953 c 223 § 10.]
38.52.260
38.52.270 Minors entitled to benefits. Emergency
workers who are minors shall have the same rights as adults
for the purpose of receiving benefits under the provisions of
this chapter, but this provision shall not prevent the requirements that a guardian be appointed to receive and administer
such benefits until the majority of such minor. Work as an
emergency worker shall not be deemed as employment or in
violation of any of the provisions of chapter 49.12 RCW.
[1984 c 38 § 28; 1974 ex.s. c 171 § 30; 1953 c 223 § 11.]
38.52.270
38.52.280 Compensation and benefits limited by
appropriation. No compensation or benefits shall be paid or
furnished to emergency workers or their dependents pursuant
to the provisions of this chapter except from money appropriated for the purpose of this chapter. [1984 c 38 § 29; 1974
ex.s. c 171 § 31; 1953 c 223 § 12.]
38.52.280
38.52.290 Applicability of workers’ compensation
law. Insofar as not inconsistent with the provisions of this
chapter, the maximum amount payable to a claimant shall be
not greater than the amount allowable for similar disability
under the workers’ compensation act, chapter 51.32 RCW as
amended by chapter 289, Laws of 1971 ex.sess., and any
amendments thereto. "Employee" as used in said title shall
include an emergency worker when liability for the furnishing of compensation and benefits exists pursuant to the provisions of this chapter and as limited by the provisions of this
38.52.290
[Title 38 RCW—page 55]
38.52.300
Title 38 RCW: Militia and Military Affairs
chapter. Where liability for compensation and benefits exists,
such compensation and benefits shall be provided in accordance with the applicable provisions of said sections of chapter 51.32 RCW and at the maximum rate provided therein,
subject, however, to the limitations set forth in this chapter.
[1987 c 185 § 8; 1984 c 38 § 30; 1974 ex.s. c 171 § 32; 1971
ex.s. c 289 § 71; 1953 c 223 § 13.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Additional notes found at www.leg.wa.gov
38.52.300 Right of action against third party. If the
injury to an emergency worker is due to the negligence or
wrong of another not on emergency duty, the injured worker,
or if death results from the injury, the surviving spouse, children, parents or dependents, as the case may be, shall elect
whether to take under this chapter or seek a remedy against
such other, such election to be in advance of any suit under
this chapter; and if the surviving spouse takes under this
chapter, the cause of action against such other shall be
assigned to the department; if the other choice is made, the
compensation under this chapter shall be only the deficiency,
if any, between the amount of recovery against such third
person actually collected, and the compensation provided or
estimated for such case under authority of this chapter: PROVIDED, That the department shall prosecute all claims
assigned to it and do any and all things necessary to recover
on behalf of the state any and all amounts which an employer
or insurance carrier might recover under the provisions of the
law. [1986 c 266 § 35; 1984 c 38 § 31; 1973 1st ex.s. c 154 §
59; 1953 c 223 § 14.]
38.52.300
Additional notes found at www.leg.wa.gov
38.52.310 Coverage, classification, registration, of
workers. The department shall establish by rule and regulation various classes of emergency workers, the scope of the
duties of each class, and the conditions under which said
workers shall be deemed to be on duty and covered by the
provisions of this chapter. The department shall also adopt
rules and regulations prescribing the manner in which emergency workers of each class are to be registered. [1986 c 266
§ 36; 1984 c 38 § 32; 1974 ex.s. c 171 § 33; 1953 c 223 § 15.]
38.52.310
Additional notes found at www.leg.wa.gov
38.52.320 Schedule of payments. The department
shall provide each compensation board with the approved
maximum schedule of payments for injury or death prescribed in chapter 51.32 RCW: PROVIDED, That nothing in
this chapter shall be construed as establishing any liability on
the part of the department of labor and industries. [1986 c
266 § 37; 1984 c 38 § 33; 1974 ex.s. c 171 § 34; 1953 c 223
§ 16.]
38.52.320
Additional notes found at www.leg.wa.gov
38.52.330 Expenditures authorized—Claims, payment and disposition—Appeals. The department is authorized to make all expenditures necessary and proper to carry
out the provisions of this chapter including payments to
claimants for compensation as emergency workers and their
dependents; to adjust and dispose of all claims submitted by
38.52.330
[Title 38 RCW—page 56]
a local compensation board. When medical treatment is necessary, the department is authorized to make medical and
compensation payments on an interim basis. Nothing herein
shall be construed to mean that the department or the state
emergency management council or its officers or agents shall
have the final decision with respect to the compensability of
any case or the amount of compensation or benefits due, but
any emergency worker or his or her dependents shall have the
same right of appeal from any order, decision, or award to the
same extent as provided in chapter 51.32 RCW. [1986 c 266
§ 38; 1984 c 38 § 34; 1979 ex.s. c 268 § 3; 1974 ex.s. c 171 §
35; 1971 ex.s. c 289 § 72; 1953 c 223 § 17.]
Additional notes found at www.leg.wa.gov
38.52.340 Benefits under other compensation plans.
Nothing in this chapter shall deprive any emergency worker
or his or her dependents of any right to compensation for
injury or death sustained in the course of his or her regular
employment even though his or her regular work is under
direction of emergency management authorities: PROVIDED, That such worker, if he or she is eligible for some
other compensation plan, and receives the benefits of such
plan shall not also receive any compensation under this chapter. The department shall adopt such rules and regulations as
may be necessary to protect the rights of such workers and
may enter into agreements with authorities in charge of other
compensation plans to insure protection of such workers:
PROVIDED, That if the compensation from some other plan
is less than would have been available under this chapter, he
or she shall be entitled to receive the deficiency between the
amount received under such other plan and the amount available under this chapter. [1986 c 266 § 39; 1984 c 38 § 35;
1974 ex.s. c 171 § 36; 1953 c 223 § 18.]
38.52.340
Additional notes found at www.leg.wa.gov
38.52.350 Benefits furnished under federal law—
Reduction of state benefits. Should the United States or any
agent thereof, in accordance with any federal statute or rule
or regulation, furnish monetary assistance, benefits, or other
temporary or permanent relief to emergency workers or to
their dependents for injuries arising out of and occurring in
the course of their activities as emergency workers, then the
amount of compensation which any emergency worker or his
dependents are otherwise entitled to receive from the state of
Washington as provided herein, shall be reduced by the
amount of monetary assistance, benefits, or other temporary
or permanent relief the emergency worker or his dependents
have received and will receive from the United States or any
agent thereof as a result of his injury. [1984 c 38 § 36; 1974
ex.s. c 171 § 37; 1953 c 223 § 19.]
38.52.350
38.52.360 Medical, surgical or hospital treatment. If,
in addition to monetary assistance, benefits or other temporary or permanent relief, the United States or any agent
thereof furnishes medical, surgical or hospital treatment or
any combination thereof to an injured emergency worker,
then the emergency worker has no right to receive similar
medical, surgical or hospital treatment as provided in this
chapter. However, the department may furnish medical, surgical or hospital treatment as part of the compensation pro38.52.360
(2010 Ed.)
Emergency Management
vided under the provisions of this chapter. [1986 c 266 § 40;
1984 c 38 § 37; 1974 ex.s. c 171 § 38; 1953 c 223 § 20.]
38.52.420
Additional notes found at www.leg.wa.gov
38.52.400 Search and rescue activities—Powers and
duties of local officials. (1) The chief law enforcement
officer of each political subdivision shall be responsible for
local search and rescue activities. Operation of search and
rescue activities shall be in accordance with state and local
operations plans adopted by the elected governing body of
each local political subdivision. These state and local plans
must specify the use of the incident command system for
multiagency/multijurisdiction search and rescue operations.
The local emergency management director shall notify the
department of all search and rescue missions. The local director of emergency management shall work in a coordinating
capacity directly supporting all search and rescue activities in
that political subdivision and in registering emergency search
and rescue workers for employee status. The chief law
enforcement officer of each political subdivision may restrict
access to a specific search and rescue area to personnel authorized by him. Access shall be restricted only for the period of
time necessary to accomplish the search and rescue mission.
No unauthorized person shall interfere with a search and rescue mission.
(2) When search and rescue activities result in the discovery of a deceased person or search and rescue workers
assist in the recovery of human remains, the chief law
enforcement officer of the political subdivision shall insure
compliance with chapter 68.50 RCW. [1997 c 49 § 5; 1986 c
266 § 43; 1984 c 38 § 41; 1979 ex.s. c 268 § 4.]
38.52.400
Additional notes found at www.leg.wa.gov
38.52.370 Medical, surgical or hospital treatment—
Reimbursement. If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United
States or any agent thereof, will reimburse an emergency
worker or his or her dependents for medical, surgical or hospital treatment, or any combination thereof, furnished to the
injured emergency worker, the emergency worker has no
right to receive similar medical, surgical or hospital treatment
as provided in this chapter, but the department, may furnish a
medical, surgical or hospital treatment as part of the compensation provided under the provisions of this chapter and apply
to the United States or its agent for the reimbursement which
will be made to the emergency worker or his or her dependents. As a condition to the furnishing of such medical, surgical or hospital treatment, the department shall require the
emergency worker and his dependents to assign to the state of
Washington, for the purpose of reimbursing for any medical,
surgical or hospital treatment furnished or to be furnished by
the state, any claim or right such emergency worker or his or
her dependents may have to reimbursement from the United
States or any agent thereof. [1986 c 266 § 41; 1984 c 38 § 38;
1974 ex.s. c 171 § 39; 1953 c 223 § 21.]
38.52.370
Additional notes found at www.leg.wa.gov
38.52.380 State compensation denied if payment prevents federal benefits. If the furnishing of compensation
under the provisions of this chapter to an emergency worker
or his dependents prevents such emergency worker or his
dependents from receiving assistance, benefits or other temporary or permanent relief under the provisions of a federal
statute or rule or regulation, then the emergency worker and
his dependents shall have no right to, and shall not receive,
any compensation from the state of Washington under the
provisions of this chapter for any injury for which the United
States or any agent thereof will furnish assistance, benefits or
other temporary or permanent relief in the absence of the furnishing of compensation by the state of Washington. [1984 c
38 § 39; 1974 ex.s. c 171 § 40; 1953 c 223 § 22.]
38.52.380
38.52.390 Contracts or work on cost basis for emergency management activities. The governor, or upon his or
her direction, the director, or any political subdivision of the
state, is authorized to contract with any person, firm, corporation, or entity to provide construction or work on a cost basis
to be used in emergency management functions or activities
as defined in RCW 38.52.010(1) or as hereafter amended,
said functions or activities to expressly include natural disasters, as well as all other emergencies of a type contemplated
by RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205,
38.52.207, 38.52.220 and 38.52.390. All funds received for
purposes of RCW 38.52.110, 38.52.180, 38.52.195,
38.52.205, 38.52.207, 38.52.220 and 38.52.390, whether
appropriated funds, local funds, or from whatever source,
may be used to pay for the construction, equipment, or work
contracted for under this section. [1986 c 266 § 42; 1984 c 38
§ 40; 1971 ex.s. c 8 § 6.]
38.52.390
(2010 Ed.)
Additional notes found at www.leg.wa.gov
38.52.410 Search and rescue activities—Distribution
of funds for compensation and reimbursement of volunteers. Funds received by the department specifically for the
purposes of compensating search and rescue volunteers shall
be distributed by the director to help fund medical and compensation coverage provided by this chapter and provide
reimbursement by the state for: (1) Costs involved in extraordinary search and rescue operations such as search and rescue
operations lasting over twenty-four hours where food and
lodging for workers is necessary; (2) excessive transportation
and rescue costs incurred by out-of-county residents which
would not be otherwise collectible; and (3) compensation as
provided in RCW 38.52.020(1)(d) as now or hereafter
amended. [1986 c 266 § 44; 1984 c 38 § 42; 1979 ex.s. c 268
§ 5.]
38.52.410
Additional notes found at www.leg.wa.gov
38.52.420 Model contingency plan for pollution control facilities and hazardous waste management. (1) The
department, in consultation with appropriate federal agencies, the departments of natural resources, fish and wildlife,
and ecology, representatives of local government, and any
other person the director may deem appropriate, shall assist
in the development of a model contingency plan, consistent
with other plans required for hazardous materials by federal
and state law, to serve as a draft plan for local governments
which may be incorporated into the state and local emergency management plans.
(2) The model contingency plan shall:
38.52.420
[Title 38 RCW—page 57]
38.52.430
Title 38 RCW: Militia and Military Affairs
(a) Include specific recommendations for pollution control facilities which are deemed to be most appropriate for the
control, collection, storage, treatment, disposal, and recycling
of oil and other spilled material and furthering the prevention
and mitigation of such pollution;
(b) Include recommendations for the training of local
personnel consistent with other training proposed, funded, or
required by federal or state laws for hazardous materials;
(c) Suggest cooperative training exercises between the
public and private sector consistent with other training proposed, funded, or required by federal or state laws for hazardous materials;
(d) Identify federal and state laws requiring contingency
or management plans applicable or related to prevention of
pollution, emergency response capabilities, and hazardous
waste management, together with a list of funding sources
that local governments may use in development of their specific plans;
(e) Promote formal agreements between the department
and local entities for effective spill response; and
(f) Develop policies and procedures for the augmentation of emergency services and agency spill response personnel through the use of volunteers: PROVIDED, That no contingency plan may require the use of volunteers by a responding responsible party without that party’s consent. [1997 c 49
§ 6; 1995 c 391 § 4; 1994 c 264 § 11; 1988 c 36 § 11; 1987 c
479 § 3.]
Additional notes found at www.leg.wa.gov
38.52.430 Emergency response caused by person’s
intoxication—Recovery of costs from convicted person.
A person whose intoxication causes an incident resulting in
an appropriate emergency response, and who, in connection
with the incident, has been found guilty of or has had their
prosecution deferred for (1) driving while under the influence
of intoxicating liquor or any drug, RCW 46.61.502; (2) operating an aircraft under the influence of intoxicants or drugs,
RCW 47.68.220; (3) use of a vessel while under the influence
of alcohol or drugs, *RCW 88.12.100; (4) vehicular homicide
while under the influence of intoxicating liquor or any drug,
RCW 46.61.520(1)(a); or (5) vehicular assault while under
the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), is liable for the expense of an emergency
response by a public agency to the incident.
The expense of an emergency response is a charge
against the person liable for expenses under this section. The
charge constitutes a debt of that person and is collectible by
the public agency incurring those costs in the same manner as
in the case of an obligation under a contract, expressed or
implied.
In no event shall a person’s liability under this section
for the expense of an emergency response exceed one thousand dollars for a particular incident.
If more than one public agency makes a claim for payment from an individual for an emergency response to a single incident under the provisions of this section, and the sum
of the claims exceeds the amount recovered, the division of
the amount recovered shall be determined by an interlocal
agreement consistent with the requirements of chapter 39.34
RCW. [1993 c 251 § 2.]
38.52.430
[Title 38 RCW—page 58]
*Reviser’s note: RCW 88.12.100 was recodified as RCW 88.12.025
pursuant to 1993 c 244 § 45. RCW 88.12.025 was subsequently recodified as
RCW 79A.60.040 pursuant to 1999 c 249 § 1601.
Finding—Intent—1993 c 251: "The legislature finds that a public
agency incurs expenses in an emergency response. It is the intent of the legislature to allow a public agency to recover the expenses of an emergency
response to an incident involving persons who operate a motor vehicle, boat
or vessel, or a civil aircraft while under the influence of an alcoholic beverage or a drug, or the combined influence of an alcoholic beverage and a drug.
It is the intent of the legislature that the recovery of expenses of an emergency response under this act shall supplement and shall not supplant other
provisions of law relating to the recovery of those expenses." [1993 c 251 §
1.]
38.52.500 Statewide enhanced 911 service—Finding.
The legislature finds that a statewide emergency communications network of enhanced 911 telephone service, which
allows an immediate display of a caller’s identification and
location, would serve to further the safety, health, and welfare of the state’s citizens, and would save lives. The legislature, after reviewing the study outlined in section 1, chapter
260, Laws of 1990, further finds that statewide implementation of enhanced 911 telephone service is feasible and should
be accomplished as soon as practicable. [1991 c 54 § 1.]
38.52.500
Additional notes found at www.leg.wa.gov
38.52.501 Statewide enhanced 911 service—Findings. The legislature finds that statewide enhanced 911 has
proven to be a lifesaving service and that routing a 911 call to
the appropriate public safety answering point with a display
of the caller’s identification and location should be available
for all users of telecommunications services, regardless of the
technology used to make and transmit the 911 call. The legislature also finds that it is in the best public interest to ensure
that there is adequate ongoing funding to support enhanced
911 service. [2002 c 341 § 1.]
38.52.501
Severability—2002 c 341: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 341 § 14.]
Effective date—2002 c 341: "This act takes effect January 1, 2003."
[2002 c 341 § 15.]
38.52.505 Statewide enhanced 911 service—Automatic location identification—Rules. The adjutant general
shall establish rules on minimum information requirements
of automatic location identification for the purposes of
enhanced 911 emergency service. Such rules shall permit the
chief of a local fire department or a chief fire protection
officer or such other person as may be designated by the governing body of a city or county to take into consideration
local circumstances when approving the accuracy of location
information generated when calls are made to 911 from facilities within his or her service area. [1999 c 24 § 2.]
38.52.505
Findings—1999 c 24: "The legislature finds that the citizens of the
state increasingly rely on the dependability of enhanced 911, a system that
allows the person answering an emergency call to determine the location of
the emergency immediately without the caller needing to speak. The legislature further finds that the degree of accuracy of the displayed information
must be adequate to permit rapid location of the caller while taking into consideration variables specific to local conditions. The legislature further finds
that it is appropriate that rules permitting local fire agencies to evaluate and
approve the accuracy of location information relating to their service areas
be adopted." [1999 c 24 § 1.]
(2010 Ed.)
Emergency Management
38.52.510 Statewide enhanced 911 service—Funding
by counties. (Effective until January 1, 2011.) By December 31, 1998, each county, singly or in combination with
adjacent counties, shall implement district-wide, countywide,
or multicounty-wide enhanced 911 emergency communications systems so that enhanced 911 is available throughout
the state. The county shall provide funding for the enhanced
911 communication system in the county or district in an
amount equal to the amount the maximum tax under RCW
82.14B.030(1) would generate in the county or district or the
amount necessary to provide full funding of the system in the
county or district, whichever is less. The state enhanced 911
coordination office established by RCW 38.52.520 shall
assist and facilitate enhanced 911 implementation throughout
the state. [1991 c 54 § 3.]
38.52.510
Additional notes found at www.leg.wa.gov
38.52.530
(2) Seeking advice and assistance from, and providing
staff support for, the enhanced 911 advisory committee;
(3) Recommending to the utilities and transportation
commission by August 31st of each year the level of the state
enhanced 911 excise tax for the following year;
(4) Considering base needs of individual counties for
specific assistance, specify rules defining the purposes for
which available state enhanced 911 funding may be
expended, with the advice and assistance of the enhanced 911
advisory committee; and
(5) Providing an annual update to the enhanced 911 advisory committee on how much money each county has spent
on:
(a) Efforts to modernize their existing enhanced 911
emergency communications system; and
(b) Enhanced 911 operational costs. [2010 1st sp.s. c 19
§ 15; 1991 c 54 § 4.]
38.52.510 Statewide enhanced 911 service—Funding
by counties. (Effective January 1, 2011.) Each county, singly or in combination with one or more adjacent counties,
must implement countywide or multicounty-wide enhanced
911 emergency communications systems so that enhanced
911 is available throughout the state. The county must provide funding for the enhanced 911 communications system in
the county in an amount equal to the amount the maximum
tax under RCW 82.14B.030(1) would generate in the county
less any applicable administrative fee charged by the department of revenue or the amount necessary to provide full funding of the system in the county. The state enhanced 911 coordination office established by RCW 38.52.520 must assist
and facilitate enhanced 911 implementation throughout the
state. [2010 1st sp.s. c 19 § 14; 1991 c 54 § 3.]
Effective dates—2010 1st sp.s. c 19: See note following RCW
82.14B.010.
Effective dates—2010 1st sp.s. c 19: See note following RCW
82.14B.010.
38.52.530 Enhanced 911 advisory committee (as amended by 2010
1st sp.s. c 7). (Expires December 31, 2011.) The enhanced 911 advisory
committee is created to advise and assist the state enhanced 911 coordinator
in coordinating and facilitating the implementation and operation of
enhanced 911 throughout the state. The director shall appoint members of
the committee who represent diverse geographical areas of the state and
include state residents who are members of the national emergency number
association, the associated public communications officers Washington
chapter, the Washington state fire chiefs association, the Washington association of sheriffs and police chiefs, the Washington state council of firefighters, the Washington state council of police officers, the Washington ambulance association, ((the state fire protection policy board,)) the Washington
state firefighters association, the Washington state association of fire marshals, the Washington fire commissioners association, the Washington state
patrol, the association of Washington cities, the Washington state association
of counties, the utilities and transportation commission or commission staff,
a representative of a voice over internet protocol company, and an equal
number of representatives of large and small local exchange telephone companies and large and small radio communications service companies offering
commercial mobile radio service in the state. This section expires December
31, 2011. [2010 1st sp.s. c 7 § 51; 2006 c 210 § 1; 2002 c 341 § 3; 2000 c 34
§ 1; 1997 c 49 § 7; 1991 c 54 § 5.]
38.52.510
Additional notes found at www.leg.wa.gov
38.52.525 State enhanced 911 coordination office—
Public education materials. The state enhanced 911 coordination office may develop and implement public education
materials regarding the capability of specific equipment used
as part of a private telecommunications system or in the provision of private shared telecommunications services to forward automatic location identification and automatic number
identification. [1995 c 243 § 9.]
38.52.525
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
38.52.530
Additional notes found at www.leg.wa.gov
38.52.520 State enhanced 911 coordination office.
(Effective until January 1, 2011.) A state enhanced 911
coordination office, headed by the state enhanced 911 coordinator, is established in the emergency management division
of the department. Duties of the office shall include:
(1) Coordinating and facilitating the implementation and
operation of enhanced 911 emergency communications systems throughout the state;
(2) Seeking advice and assistance from, and providing
staff support for, the enhanced 911 advisory committee; and
(3) Recommending to the utilities and transportation
commission by August 31st of each year the level of the state
enhanced 911 excise tax for the following year. [1991 c 54 §
4.]
38.52.520
Additional notes found at www.leg.wa.gov
38.52.520 State enhanced 911 coordination office.
(Effective January 1, 2011.) A state enhanced 911 coordination office, headed by the state enhanced 911 coordinator, is
established in the emergency management division of the
department. Duties of the office include:
(1) Coordinating and facilitating the implementation and
operation of enhanced 911 emergency communications systems throughout the state;
38.52.520
(2010 Ed.)
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
38.52.530
38.52.530 Enhanced 911 advisory committee (as amended by 2010
1st sp.s. c 19). (Effective January 1, 2011.) The enhanced 911 advisory
committee is created to advise and assist the state enhanced 911 coordinator
in coordinating and facilitating the implementation and operation of
enhanced 911 throughout the state. The director shall appoint members of
the committee who represent diverse geographical areas of the state and
include state residents who are members of the national emergency number
association, the ((associated)) association of public communications officers
Washington chapter, the Washington state fire chiefs association, the Washington association of sheriffs and police chiefs, the Washington state council
[Title 38 RCW—page 59]
38.52.532
Title 38 RCW: Militia and Military Affairs
of firefighters, the Washington state council of police officers, the Washington ambulance association, the state fire protection policy board, the Washington fire commissioners association, the Washington state patrol, the association of Washington cities, the Washington state association of counties,
the utilities and transportation commission or commission staff, a representative of a voice over internet protocol service company, and an equal number of representatives of large and small local exchange telephone companies
and large and small radio communications service companies offering commercial mobile radio service in the state. ((This section expires December
31, 2011.)) [2010 1st sp.s. c 19 § 16; 2006 c 210 § 1; 2002 c 341 § 3; 2000
c 34 § 1; 1997 c 49 § 7; 1991 c 54 § 5.]
Reviser’s note: RCW 38.52.530 was amended twice during the 2010
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective dates—2010 1st sp.s. c 19: See note following RCW
82.14B.010.
Severability—Effective date—2002 c 341: See notes following RCW
38.52.501.
Additional notes found at www.leg.wa.gov
38.52.532 Enhanced 911 advisory committee—
Annual legislative update. (Effective until January 1,
2011.) On an annual basis, the enhanced 911 advisory committee shall provide an update on the status of enhanced 911
service in the state to the appropriate committees in the legislature. [2006 c 210 § 2.]
38.52.532
38.52.532 Enhanced 911 advisory committee—
Annual legislative update. (Effective January 1, 2011.)
On an annual basis, the enhanced 911 advisory committee
must provide an update on the status of enhanced 911 service
in the state to the appropriate committees in the legislature.
The update must include progress by counties towards creating greater efficiencies in enhanced 911 operations including,
but not limited to, regionalization of facilities, centralization
of equipment, and statewide purchasing. [2010 1st sp.s. c 19
§ 17; 2006 c 210 § 2.]
38.52.532
Effective dates—2010 1st sp.s. c 19: See note following RCW
82.14B.010.
38.52.535 State enhanced 911 coordination office and
advisory committee—Uniform national standards. The
state enhanced 911 coordination office and the enhanced 911
advisory committee may participate in efforts to set uniform
national standards for automatic number identification and
automatic location identification data transmission for private telecommunications systems and private shared telecommunications services. [1998 c 245 § 32; 1995 c 243 §
10.]
38.52.535
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
38.52.540 Enhanced 911 account. (Effective until
January 1, 2011.) (1) The enhanced 911 account is created
in the state treasury. All receipts from the state enhanced 911
excise taxes imposed by RCW 82.14B.030 shall be deposited
into the account. Moneys in the account shall be used only to
support the statewide coordination and management of the
enhanced 911 system, for the implementation of wireless
enhanced 911 statewide, and to help supplement, within
available funds, the operational costs of the system, including
adequate funding of counties to enable implementation of
38.52.540
[Title 38 RCW—page 60]
wireless enhanced 911 service and reimbursement of radio
communications service companies for costs incurred in providing wireless enhanced 911 service pursuant to negotiated
contracts between the counties or their agents and the radio
communications service companies.
(2) Funds generated by the enhanced 911 excise tax
imposed by RCW 82.14B.030(3) shall not be distributed to
any county that has not imposed the maximum county
enhanced 911 tax allowed under RCW 82.14B.030(1). Funds
generated by the enhanced 911 excise tax imposed by RCW
82.14B.030(4) shall not be distributed to any county that has
not imposed the maximum county enhanced 911 tax allowed
under RCW 82.14B.030(2).
(3) The state enhanced 911 coordinator, with the advice
and assistance of the enhanced 911 advisory committee, is
authorized to enter into statewide agreements to improve the
efficiency of enhanced 911 services for all counties and shall
specify by rule the additional purposes for which moneys, if
available, may be expended from this account.
(4) During the 2001-2003 fiscal biennium, the legislature
may transfer from the enhanced 911 account to the state general fund such amounts as reflect the excess fund balance of
the account. [2002 c 371 § 905; 2002 c 341 § 4; 2001 c 128
§ 2; 1998 c 304 § 14; 1994 c 96 § 7; 1991 c 54 § 6.]
Reviser’s note: This section was amended by 2002 c 341 § 4 and by
2002 c 371 § 905, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—2002 c 341: See notes following RCW
38.52.501.
Findings—2001 c 128: "The legislature finds that the statewide emergency communications network of enhanced 911 telephone service, which
allows an immediate display of a caller’s identification and location, has
served to further the safety, health, and welfare of the state’s citizens, and has
saved lives.
The legislature further finds that statewide operation and management
of the enhanced 911 system will create efficiencies of operation and permit
greater local control of county 911 operations, and further that some counties
will continue to need assistance from the state to maintain minimum
enhanced 911 service levels." [2001 c 128 § 1.]
Effective date—2001 c 128: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 128 § 4.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Additional notes found at www.leg.wa.gov
38.52.540 Enhanced 911 account. (Effective January
1, 2011.) (1) The enhanced 911 account is created in the state
treasury. All receipts from the state enhanced 911 excise
taxes imposed by RCW 82.14B.030 must be deposited into
the account. Moneys in the account must be used only to support the statewide coordination and management of the
enhanced 911 system, for the implementation of wireless
enhanced 911 statewide, for the modernization of enhanced
911 emergency communications systems statewide, and to
help supplement, within available funds, the operational costs
of the system, including adequate funding of counties to
enable implementation of wireless enhanced 911 service and
38.52.540
(2010 Ed.)
Emergency Management
reimbursement of radio communications service companies
for costs incurred in providing wireless enhanced 911 service
pursuant to negotiated contracts between the counties or their
agents and the radio communications service companies. A
county must show just cause, including but not limited to a
true and accurate accounting of the funds expended, for any
inability to provide reimbursement to radio communications
service companies of costs incurred in providing enhanced
911 service.
(2) Funds generated by the enhanced 911 excise tax
imposed by RCW 82.14B.030(5) may not be distributed to
any county that has not imposed the maximum county
enhanced 911 excise tax allowed under RCW 82.14B.030(1).
Funds generated by the enhanced 911 excise tax imposed by
RCW 82.14B.030(6) may not be distributed to any county
that has not imposed the maximum county enhanced 911
excise tax allowed under RCW 82.14B.030(2).
(3) The state enhanced 911 coordinator, with the advice
and assistance of the enhanced 911 advisory committee, is
authorized to enter into statewide agreements to improve the
efficiency of enhanced 911 services for all counties and shall
specify by rule the additional purposes for which moneys, if
available, may be expended from this account. [2010 1st
sp.s. c 19 § 18. Prior: 2002 c 371 § 905; 2002 c 341 § 4; 2001
c 128 § 2; 1998 c 304 § 14; 1994 c 96 § 7; 1991 c 54 § 6.]
Effective dates—2010 1st sp.s. c 19: See note following RCW
82.14B.010.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—2002 c 341: See notes following RCW
38.52.501.
Findings—2001 c 128: "The legislature finds that the statewide emergency communications network of enhanced 911 telephone service, which
allows an immediate display of a caller’s identification and location, has
served to further the safety, health, and welfare of the state’s citizens, and has
saved lives.
The legislature further finds that statewide operation and management
of the enhanced 911 system will create efficiencies of operation and permit
greater local control of county 911 operations, and further that some counties
will continue to need assistance from the state to maintain minimum
enhanced 911 service levels." [2001 c 128 § 1.]
Effective date—2001 c 128: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 128 § 4.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Additional notes found at www.leg.wa.gov
38.52.545 Priorities for enhanced 911 funding.
(Effective until January 1, 2011.) In specifying rules defining the purposes for which available moneys may be
expended, the state enhanced 911 coordinator, with the
advice and assistance of the enhanced 911 advisory committee, shall consider base needs of individual counties for specific assistance. Priorities for available enhanced 911 funding
are as follows: (1) To assure that 911 dialing is operational
statewide; (2) to assist counties as necessary to assure that
they can achieve a basic service level for 911 operations; and
(3) to assist counties as practicable to acquire items of a cap38.52.545
(2010 Ed.)
38.52.550
ital nature appropriate to increasing 911 effectiveness. [2001
c 128 § 3.]
Findings—Effective date—2001 c 128: See notes following RCW
38.52.540.
38.52.545 Priorities for enhanced 911 funding.
(Effective January 1, 2011.) In specifying rules defining the
purposes for which available state enhanced 911 moneys may
be expended, the state enhanced 911 coordinator, with the
advice and assistance of the enhanced 911 advisory committee, must consider base needs of individual counties for specific assistance. Priorities for available enhanced 911 funding are as follows:
(1) To assure that 911 dialing is operational statewide;
(2) To assist counties as necessary to assure that they can
achieve a basic service level for 911 operations; and
(3) To assist counties as practicable to acquire items of a
capital nature appropriate to modernize 911 systems and
increase 911 effectiveness. [2010 1st sp.s. c 19 § 19; 2001 c
128 § 3.]
38.52.545
Effective dates—2010 1st sp.s. c 19: See note following RCW
82.14B.010.
Findings—Effective date—2001 c 128: See notes following RCW
38.52.540.
38.52.550 Emergency communications systems and
information—Immunity from civil liability. (Effective
until January 1, 2011.) A telecommunications company, or
radio communications service company, providing emergency communications systems or services or a business or
individual providing database information to emergency
communication system personnel shall not be liable for civil
damages caused by an act or omission of the company, business, or individual in the:
(1) Good faith release of information not in the public
record, including unpublished or unlisted subscriber information to emergency service providers responding to calls
placed to a 911 or enhanced 911 emergency service; or
(2) Design, development, installation, maintenance, or
provision of consolidated 911 or enhanced 911 emergency
communication systems or services other than an act or omission constituting gross negligence or wanton or willful misconduct. [2002 c 341 § 5; 1991 c 329 § 7.]
38.52.550
Severability—Effective date—2002 c 341: See notes following RCW
38.52.501.
38.52.550 Emergency communications systems and
information—Immunity from civil liability. (Effective
January 1, 2011.) A telecommunications company, radio
communications service company, or interconnected voice
over internet protocol service company, providing emergency communications systems or services or a business or
individual providing database information to enhanced 911
emergency communications personnel is not liable for civil
damages caused by an act or omission of the company, business, or individual in the:
(1) Good faith release of information not in the public
record, including unpublished or unlisted subscriber information to emergency service providers responding to calls
placed to an enhanced 911 emergency communications service; or
38.52.550
[Title 38 RCW—page 61]
38.52.561
Title 38 RCW: Militia and Military Affairs
(2) Design, development, installation, maintenance, or
provision of consolidated enhanced 911 emergency communications systems or services other than an act or omission
constituting gross negligence or wanton or willful misconduct. [2010 1st sp.s. c 19 § 20; 2002 c 341 § 5; 1991 c 329 §
7.]
Effective dates—2010 1st sp.s. c 19: See note following RCW
82.14B.010.
Severability—Effective date—2002 c 341: See notes following RCW
38.52.501.
38.52.561 911 calls from radio communications service companies—Technical and operational standards.
(Effective until January 1, 2011.) The state enhanced 911
coordinator, with the advice and assistance of the enhanced
911 advisory committee, shall set nondiscriminatory, uniform technical and operational standards consistent with the
rules of the federal communications commission for the
transmission of 911 calls from radio communications service
companies to enhanced 911 emergency communications systems. These standards must not exceed the requirements set
by the federal communications commission. The authority
given to the state enhanced 911 coordinator in this section is
limited to setting standards as set forth in this section and
does not constitute authority to regulate radio communications service companies. [2002 c 341 § 6.]
38.52.561
Severability—Effective date—2002 c 341: See notes following RCW
38.52.501.
38.52.561 911 calls from radio communications and
interconnected voice over internet protocol service companies—Technical and operational standards. (Effective
January 1, 2011.) The state enhanced 911 coordinator, with
the advice and assistance of the enhanced 911 advisory committee, must set nondiscriminatory, uniform technical and
operational standards consistent with the rules of the federal
communications commission for the transmission of 911
calls from radio communications service companies and
interconnected voice over internet protocol service companies to enhanced 911 emergency communications systems.
These standards must not exceed the requirements set by the
federal communications commission. The authority given to
the state enhanced 911 coordinator in this section is limited to
setting standards as set forth in this section and does not constitute authority to regulate radio communications service
companies or interconnected voice over internet protocol service companies. [2010 1st sp.s. c 19 § 21; 2002 c 341 § 6.]
38.52.561
repealed acts, which orders, rules, regulations, contracts, or
agreements shall remain in force until they may be repealed,
amended, or superseded by orders, rules, regulations, contracts, or agreements made or promulgated under this chapter: PROVIDED FURTHER, That this section shall not
affect the tenure of any officer, employee, or person serving
under authority of any repealed act and such officer,
employee, or person shall continue in his position until such
time as a successor is appointed or employed under the provisions of this chapter. [1951 c 178 § 17.]
38.52.930 Transfer of powers, duties, and functions
to state military department. All powers, duties, and functions of the *department of community, trade, and economic
development pertaining to emergency management are transferred to the state military department. All references to the
director or the department of community development or the
*department of community, trade, and economic development in the Revised Code of Washington shall be construed
to mean the adjutant general or the state military department
when referring to the functions transferred in this section.
[1995 c 391 § 10.]
38.52.930
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
38.52.940 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 84.]
38.52.940
Effective dates—2010 1st sp.s. c 19: See note following RCW
82.14B.010.
Severability—Effective date—2002 c 341: See notes following RCW
38.52.501.
38.52.900 Short title. This chapter may be cited as the
Washington Emergency Management Act. [1984 c 38 § 43;
1974 ex.s. c 171 § 41; 1951 c 178 § 1.]
38.52.900
38.52.920 Repeal and saving. Chapter 177, Laws of
1941, chapters 6 and 24, Laws of 1943, and chapter 88, Laws
of 1949 are repealed: PROVIDED, That this section shall not
affect the validity of any order, rule, regulation, contract, or
agreement made or promulgated under authority of the
38.52.920
[Title 38 RCW—page 62]
(2010 Ed.)
Title 39
Title 39
PUBLIC CONTRACTS AND INDEBTEDNESS
Chapters
39.04
Public works.
39.06
Public works—Registration, licensing, of contractors.
39.08
Contractor’s bond.
39.10
Alternative public works contracting procedures.
39.12
Prevailing wages on public works.
39.19
Office of minority and women’s business enterprises.
39.23
Purchase of products and services of sheltered
workshops, DSHS programs.
39.24
Public purchase preferences.
39.28
Emergency public works.
39.29
Personal service contracts.
39.30
Contracts—Indebtedness limitations—Competitive bidding violations.
39.32
Acquisition of governmental property.
39.33
Intergovernmental disposition of property.
39.34
Interlocal cooperation act.
39.35
Energy conservation in design of public facilities.
39.35A
Performance-based contracts for water conservation, solid waste reduction, and
energy equipment.
39.35B
Life-cycle cost analysis of public facilities.
39.35C
Energy conservation projects.
39.35D
High-performance public buildings.
39.36
Limitation of indebtedness of taxing districts.
39.40
Vote required at bond elections.
39.42
State bonds, notes, and other evidences of
indebtedness.
39.44
Bonds—Miscellaneous provisions, bond information reporting.
39.46
Bonds—Other miscellaneous provisions—
Registration.
39.48
Bonds sold to government at private sale.
39.50
Short-term obligations—Municipal corporations.
39.52
Funding indebtedness in counties, cities, and
towns.
39.53
Refunding bond act.
39.56
Warrants.
39.58
Public funds—Deposits and investments—
Public depositaries.
39.59
Public funds—Authorized investments.
39.60
Investment of public funds in bonds, notes,
etc.—Collateral.
39.62
Uniform facsimile signature of public officials
act.
39.64
Taxing district relief.
39.67
Agreements between taxing districts.
39.69
Public loans to municipal corporations.
39.72
Lost or destroyed evidence of indebtedness.
39.76
Interest on unpaid public contracts.
39.80
Contracts for architectural and engineering
services.
39.84
Industrial development revenue bonds.
39.86
Private activity bond allocation.
(2010 Ed.)
39.88
39.89
39.90
39.92
39.94
39.96
39.98
39.100
39.102
39.104
Community redevelopment financing act.
Community revitalization financing.
Validation of bonds and financing proceedings.
Local transportation act.
Financing contracts.
Payment agreements.
School district credit enhancement program.
Hospital benefit zones.
Local infrastructure financing tool program.
Local revitalization financing.
Cities and towns—Leases—Ballot proposition—Rental or option payment in
excess of debt limit—Election: RCW 35.42.200 through 35.42.220.
Colleges and university, contracts by student associations: RCW
28B.10.640.
Community renewal: Chapter 35.81 RCW.
Conditional sales contracts by school districts for acquisition of property or
property rights: RCW 28A.335.200.
Contracts by cemetery districts for public facilities, services, and purchasing: RCW 68.52.192 and 68.52.193.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
County owned real property—Exchange for privately owned real property of
equal value: RCW 36.34.330.
Credit card use by local governments: RCW 43.09.2855.
Credit of state and municipal corporations not to be loaned: State Constitution Art. 8 §§ 5, 7.
Higher education facilities authority: Chapter 28B.07 RCW.
Highway and road improvement, validity of agreement to indemnify against
liability for negligence: RCW 4.24.115.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Municipal revenue bond act: Chapter 35.41 RCW.
Participation in world fairs by municipal corporations and political subdivisions authorized: Chapter 35.60 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public officer requiring bond or insurance from particular insurer, agent or
broker, procuring bond or insurance, violations: RCW 48.30.270.
School district hot lunch program, federal surplus or donated food commodities: Chapter 28A.235 RCW.
State money to be disbursed only by appropriation: State Constitution Art. 8
§ 4 (Amendment 11).
Subcontractors to be identified by bidder, when: RCW 39.30.060.
Chapter 39.04
Chapter 39.04 RCW
PUBLIC WORKS
Sections
39.04.010
39.04.015
39.04.020
39.04.040
39.04.050
39.04.060
39.04.070
39.04.080
39.04.100
Definitions.
Adjustment to bid price—Conditions.
Plans and specifications—Estimates—Publication—Emergencies.
Work to be executed according to plans—Supplemental plans.
Contents of original estimates.
Supplemental estimates.
Account and record of cost.
Certified copy to be filed—Engineers’ certificate.
Records open to public inspection—Certified copies.
[Title 39 RCW—page 1]
39.04.010
39.04.105
39.04.107
39.04.110
39.04.120
39.04.130
39.04.133
39.04.135
39.04.155
39.04.156
39.04.160
39.04.162
39.04.170
39.04.175
39.04.180
39.04.190
39.04.200
39.04.210
39.04.220
39.04.230
39.04.240
39.04.250
39.04.260
39.04.270
39.04.280
39.04.290
39.04.300
39.04.310
39.04.320
39.04.330
39.04.340
39.04.350
39.04.360
39.04.370
39.04.900
39.04.901
Title 39 RCW: Public Contracts and Indebtedness
Competitive bidding—Written protests—Notice of contract
execution.
Competitive bidding—Bidder claiming error.
Penalty for false entries.
Change orders due to environmental protection requirements—Costs—Dispute resolution.
Application of RCW 39.04.120.
State capital improvement or construction projects—Product
standards.
Demolition projects—Recycling or reuse of materials.
Small works roster contract procedures—Limited public
works process—Definition.
Small works roster manual—Notification to local governments.
Contracts subject to requirements established under office of
minority and women’s business enterprises.
Awards of procurement contracts to veteran-owned businesses.
Application of chapter to performance-based contracts for
energy equipment.
Application of chapter to certain agreements relating to water
pollution control, solid waste handling facilities.
Trench excavations—Safety systems required.
Purchase contract process—Other than formal sealed bidding.
Small works roster or purchase contracts—Listing of contracts
awarded required.
Correctional facilities construction and repair—Findings.
Correctional facilities construction and repair—Use of general
contractor/construction manager method for awarding contracts—Demonstration projects.
Correctional facilities construction and repair—Alternative
contracting method to remain in force until contracts completed.
Public works contracts—Awarding of attorneys’ fees.
Payments received on account of work performed by subcontractor—Disputed amounts—Remedies.
Private construction performed pursuant to contract for rental,
lease, or purchase by state—Must comply with prevailing
wage law.
Electronic data processing and telecommunications systems—
Municipalities—Acquisition method—Competitive negotiation—Findings, intent.
Competitive bidding requirements—Exemptions.
Contracts for building engineering systems.
Apprenticeship training programs—Purpose.
Apprenticeship training programs—Definitions.
Apprenticeship training programs—Public works contracts—
Adjustment of specific projects—Report and collection of
agency data—Apprenticeship utilization advisory committee
created.
Use of wood products—Compliance with chapter 39.35D
RCW.
Apprenticeship and training council outreach effort.
Bidder responsibility criteria—Supplemental criteria.
Payment of undisputed claims.
Contract requirements—Off-site prefabricated items—Submission of information.
Rights may not be waived—Construction—1992 c 223.
Application—1992 c 223.
Buildings, earthquake standards for construction: Chapter 70.86 RCW.
39.04.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Award" means the formal decision by the state or
municipality notifying a responsible bidder with the lowest
responsive bid of the state’s or municipality’s acceptance of
the bid and intent to enter into a contract with the bidder.
(2) "Contract" means a contract in writing for the execution of public work for a fixed or determinable amount duly
awarded after advertisement and competitive bid, or a contract awarded under the small works roster process in RCW
39.04.155.
(3) "Municipality" means every city, county, town, port
district, district, or other public agency authorized by law to
require the execution of public work, except drainage districts, diking districts, diking and drainage improvement districts, drainage improvement districts, diking improvement
districts, consolidated diking and drainage improvement districts, consolidated drainage improvement districts, consolidated diking improvement districts, irrigation districts, or
other districts authorized by law for the reclamation or development of waste or undeveloped lands.
(4) "Public work" means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality,
or which is by law a lien or charge on any property therein.
All public works, including maintenance when performed by
contract shall comply with chapter 39.12 RCW. "Public
work" does not include work, construction, alteration, repair,
or improvement performed under contracts entered into
under RCW 36.102.060(4) or under development agreements
entered into under RCW 36.102.060(7) or leases entered into
under RCW 36.102.060(8).
(5) "Responsible bidder" means a contractor who meets
the criteria in RCW 39.04.350.
(6) "State" means the state of Washington and all departments, supervisors, commissioners, and agencies of the state.
[2008 c 130 § 16; 2007 c 133 § 1; 2000 c 138 § 102; 1997 c
220 § 402 (Referendum Bill No. 48, approved June 17,
1997); 1993 c 174 § 1; 1989 c 363 § 5; 1986 c 282 § 1; 1982
c 98 § 1; 1977 ex.s. c 177 § 1; 1923 c 183 § 1; RRS § 103221.]
39.04.010
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Counties, purchasing departments, competitive bids: RCW 36.32.235
through 36.32.270.
County road equipment and materials: RCW 36.82.100 through 36.82.120.
County roads and bridges—Plans, approval, bids, etc.: Chapter 36.77
RCW.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Municipalities—Energy audits and efficiency: RCW 43.19.691.
Liens for labor, materials, taxes on public works: Chapter 60.28 RCW.
Municipalities—Energy audits and efficiency: RCW 43.19.691.
Additional notes found at www.leg.wa.gov
39.04.015 Adjustment to bid price—Conditions.
Notwithstanding the provisions of RCW 39.04.010, a state
contracting authority is authorized to negotiate an adjustment
to a bid price, based upon agreed changes to the contract
plans and specifications, with a low responsive bidder under
the following conditions:
(1) All bids for a state public works project involving
buildings and any associated building utilities and appendants exceed the available funds, as certified by the appropriate fiscal officer;
39.04.015
Port district contracts: Chapter 53.08 RCW.
Public buildings, provision to be made for aged and individuals with disabilities: Chapter 70.92 RCW.
Second-class city or town, public contracts: RCW 35.23.352.
State highway construction and maintenance: Chapter 47.28 RCW.
Suppression of competitive bidding on public works, penalty: RCW 9.18.120
through 9.18.150.
Traffic control at work sites: RCW 47.36.200.
Workers’ compensation law applicable to contracts for public works: RCW
51.12.050, 51.12.070.
[Title 39 RCW—page 2]
(2010 Ed.)
Public Works
(2) The apparent low responsive bid does not exceed the
available funds by: (a) Five percent on projects valued under
one million dollars; (b) the greater of fifty thousand dollars or
two and one-half percent for projects valued between one
million dollars and five million dollars; or (c) the greater of
one hundred twenty-five thousand dollars or one percent for
projects valued over five million dollars; and
(3) The negotiated adjustment will bring the bid price
within the amount of available funds. [1989 c 59 § 1.]
39.04.020 Plans and specifications—Estimates—
Publication—Emergencies. Whenever the state or any
municipality shall determine that any public work is necessary to be done, it shall cause plans, specifications, or both
thereof and an estimate of the cost of such work to be made
and filed in the office of the director, supervisor, commissioner, trustee, board, or agency having by law the authority
to require such work to be done. The plans, specifications,
and estimates of cost shall be approved by the director, supervisor, commissioner, trustee, board, or agency and the original draft or a certified copy filed in such office before further
action is taken.
If the state or such municipality shall determine that it is
necessary or advisable that such work shall be executed by
any means or method other than by contract or by a small
works roster process, and it shall appear by such estimate that
the probable cost of executing such work will exceed the sum
of twenty-five thousand dollars, then the state or such municipality shall at least fifteen days before beginning work cause
such estimate, together with a description of the work, to be
published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the
county in which such work is to be done. When any emergency shall require the immediate execution of such public
work, upon a finding of the existence of such emergency by
the authority having power to direct such public work to be
done and duly entered of record, publication of description
and estimate may be made within seven days after the commencement of the work. [1994 c 243 § 1; 1993 c 379 § 111;
1986 c 282 § 2; 1982 c 98 § 4; 1975 1st ex.s. c 230 § 2; 1967
c 70 § 1; 1923 c 183 § 2; RRS § 10322-2. Formerly RCW
39.04.020 and 39.04.030.]
39.04.020
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Additional notes found at www.leg.wa.gov
39.04.040 Work to be executed according to plans—
Supplemental plans. Whenever plans and specifications
shall have been filed the work to be done shall be executed in
accordance with such plans and specifications unless supplemental plans and specifications of the alterations to be made
therein shall be made and filed in the office where the original plans and specifications are filed.
In the event that the probable cost of executing such
work in accordance with the supplemental plans and specifications shall be increased or decreased from the estimated
cost as shown by the original estimate to an amount in excess
of ten percent of such estimate, then a supplemental estimate
shall be made of the increased or decreased cost of executing
the work in accordance with the supplemental plans and
39.04.040
(2010 Ed.)
39.04.100
specifications and filed in the office where the original estimate is filed. [1923 c 183 § 3; RRS § 10322-3.]
39.04.050 Contents of original estimates. Original
estimates shall show in detail the estimated cost of the work;
the estimated quantities of each class of work; the estimated
unit cost for each class; the estimated total cost for each class;
the time limit, allowed for the completion of the work and the
estimated dates of commencement and completion. [1986 c
282 § 3; 1923 c 183 § 4; RRS § 10322-4.]
39.04.050
Additional notes found at www.leg.wa.gov
39.04.060 Supplemental estimates. Supplemental estimates shall show the estimated increase or decrease in the
total quantities of each class, in the unit cost of each class, in
the total cost for each class and in the total cost of the work as
shown by the original estimate, together with any change in
the time limit and in the estimated dates of commencing and
completing the work. [1923 c 183 § 5; RRS § 10322-5.]
39.04.060
39.04.070 Account and record of cost. Whenever the
state or any municipality shall execute any public work by
any means or method other than by contract or small works
roster, it shall cause to be kept and preserved a full, true and
accurate account and record of the costs of executing such
work in accordance with the budgeting, accounting, and
reporting system provisions prescribed by law for the state
agency or municipality. [1986 c 282 § 4; 1923 c 183 § 6;
RRS § 10322-6.]
39.04.070
State auditor to prescribe standard form for costs of public works: RCW
43.09.205.
Additional notes found at www.leg.wa.gov
39.04.080 Certified copy to be filed—Engineers’ certificate. A true copy of such account or record, duly certified
by the officer or officers having by law authority to direct
such work to be done, to be a full, true and accurate account
of the costs of executing such work shall be filed in the office
where the original plans and specifications are filed within
sixty days after the completion of the work.
The engineer or other officer having charge of the execution of such work shall execute a certificate which shall be
attached to and filed with such certified copy, certifying that
such work was executed in accordance with the plans and
specifications on file and the times of commencement and
completion of such work. If the work is not in accordance
with such plans and specifications he shall set forth the manner and extent of the variance therefrom. [1923 c 183 § 7;
RRS § 10322-7.]
39.04.080
39.04.100 Records open to public inspection—Certified copies. All plans, specifications, estimates, and copies
of accounts or records and all certificates attached thereto
shall, when filed, become public records and shall at all reasonable times be subject to public inspection.
Certified copies of any estimate, account or record shall
be furnished by the officer having the custody thereof to any
person on demand and the payment of the legal fees for making and certifying the same. [1923 c 183 § 9; RRS § 103229.]
39.04.100
[Title 39 RCW—page 3]
39.04.105
Title 39 RCW: Public Contracts and Indebtedness
39.04.105 Competitive bidding—Written protests—
Notice of contract execution. When a municipality receives
a written protest from a bidder for a public works project
which is the subject of competitive bids, the municipality
shall not execute a contract for the project with anyone other
than the protesting bidder without first providing at least two
full business days’ written notice of the municipality’s intent
to execute a contract for the project; provided that the protesting bidder submits notice in writing of its protest no later than
two full business days following bid opening. Intermediate
Saturdays, Sundays, and legal holidays are not counted.
[2003 c 300 § 1.]
39.04.105
39.04.107 Competitive bidding—Bidder claiming
error. A low bidder on a public works project who claims
error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for
bids is made for the project. [2003 c 300 § 2.]
39.04.107
39.04.110 Penalty for false entries. Any director,
supervisor, officer or employee of the state and any commissioner, trustee, supervisor, officer or employee of any municipality who shall knowingly make any false entry in any
account or record required by this chapter or who shall knowingly certify to any false statement in any certificate required
by this chapter, shall be guilty of a misdemeanor. [1923 c
183 § 10; RRS § 10322-10.]
39.04.110
Falsifying accounts: RCW 42.20.070.
Misconduct of public officers: Chapter 42.20 RCW.
39.04.120 Change orders due to environmental protection requirements—Costs—Dispute resolution. If the
successful bidder must undertake additional work for public
construction projects issued by the state of Washington, its
authorities or agencies, or a political subdivision of the state
due to the enactment of new environmental protection
requirements or the amendment of existing environmental
protection statutes, ordinances, or rules occurring after the
submission of the successful bid, the awarding agency shall
issue a change order setting forth the additional work that
must be undertaken, which shall not invalidate the contract.
The cost of such a change order to the awarding agency shall
be determined in accordance with the provisions of the contract for change orders or, if no such provision is set forth in
the contract, then the cost to the awarding agency shall be the
contractor’s costs for wages, labor costs other than wages,
wage taxes, materials, equipment rentals, insurance, and subcontracts attributable to the additional activity plus a reasonable sum for overhead and profit. However, the additional
costs to undertake work not specified in the contract documents shall not be approved unless written authorization is
given the successful bidder prior to his undertaking such
additional activity. In the event of a dispute between the
awarding agency and the contractor, dispute resolution procedures may be commenced under the applicable terms of the
construction contract, or, if the contract contains no such provision for dispute resolution, the then obtaining rules of the
American arbitration association. [1998 c 196 § 1; 1973 1st
ex.s. c 62 § 1.]
39.04.120
Delay due to litigation, change orders, costs, arbitration, termination: RCW
60.28.080.
[Title 39 RCW—page 4]
Additional notes found at www.leg.wa.gov
39.04.130 Application of RCW 39.04.120. RCW
39.04.120 shall take effect in ninety days but shall not apply
to any contract awarded pursuant to an invitation for bids
issued on or before the date it takes effect, or to any persons
or bonds in respect of any such contract. [1973 1st ex.s. c 62
§ 2.]
39.04.130
Additional notes found at www.leg.wa.gov
39.04.133 State capital improvement or construction
projects—Product standards. (1) The state’s preferences
for the purchase and use of recycled content products shall be
included as a factor in the design and development of state
capital improvement projects.
(2) If a construction project receives state public funding, the product standards, as provided in RCW 43.19A.020,
shall apply to the materials used in the project, whenever the
administering agency and project owner determine that such
products would be cost-effective and are readily available.
(3) This section does not apply to contracts entered into
by a municipality. [2002 c 299 § 2; 1996 c 198 § 5.]
39.04.133
39.04.135 Demolition projects—Recycling or reuse
of materials. Material from demolition projects shall be
recycled or reused whenever practicable. [1996 c 198 § 6.]
39.04.135
39.04.155 Small works roster contract procedures—
Limited public works process—Definition. (1) This section provides uniform small works roster provisions to award
contracts for construction, building, renovation, remodeling,
alteration, repair, or improvement of real property that may
be used by state agencies and by any local government that is
expressly authorized to use these provisions. These provisions may be used in lieu of other procedures to award contracts for such work with an estimated cost of three hundred
thousand dollars or less. The small works roster process
includes the limited public works process authorized under
subsection (3) of this section and any local government
authorized to award contracts using the small works roster
process under this section may award contracts using the limited public works process under subsection (3) of this section.
(2)(a) A state agency or authorized local government
may create a single general small works roster, or may create
a small works roster for different specialties or categories of
anticipated work. Where applicable, small works rosters may
make distinctions between contractors based upon different
geographic areas served by the contractor. The small works
roster or rosters shall consist of all responsible contractors
who have requested to be on the list, and where required by
law are properly licensed or registered to perform such work
in this state. A state agency or local government establishing
a small works roster or rosters may require eligible contractors desiring to be placed on a roster or rosters to keep current
records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file
with the state agency or local government as a condition of
being placed on a roster or rosters. At least once a year, the
state agency or local government shall publish in a newspaper of general circulation within the jurisdiction a notice of
39.04.155
(2010 Ed.)
Public Works
the existence of the roster or rosters and solicit the names of
contractors for such roster or rosters. In addition, responsible
contractors shall be added to an appropriate roster or rosters
at any time they submit a written request and necessary
records. Master contracts may be required to be signed that
become effective when a specific award is made using a
small works roster.
(b) A state agency establishing a small works roster or
rosters shall adopt rules implementing this subsection. A
local government establishing a small works roster or rosters
shall adopt an ordinance or resolution implementing this subsection. Procedures included in rules adopted by the department of general administration in implementing this subsection must be included in any rules providing for a small
works roster or rosters that is adopted by another state
agency, if the authority for that state agency to engage in
these activities has been delegated to it by the department of
general administration under chapter 43.19 RCW. An interlocal contract or agreement between two or more state agencies or local governments establishing a small works roster or
rosters to be used by the parties to the agreement or contract
must clearly identify the lead entity that is responsible for
implementing the provisions of this subsection.
(c) Procedures shall be established for securing telephone, written, or electronic quotations from contractors on
the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest
responsible bidder, as defined in RCW 39.04.010. Invitations for quotations shall include an estimate of the scope and
nature of the work to be performed as well as materials and
equipment to be furnished. However, detailed plans and
specifications need not be included in the invitation. This
subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. Quotations may be invited from all
appropriate contractors on the appropriate small works roster.
As an alternative, quotations may be invited from at least five
contractors on the appropriate small works roster who have
indicated the capability of performing the kind of work being
contracted, in a manner that will equitably distribute the
opportunity among the contractors on the appropriate roster.
However, if the estimated cost of the work is from one hundred fifty thousand dollars to three hundred thousand dollars,
a state agency or local government that chooses to solicit bids
from less than all the appropriate contractors on the appropriate small works roster must also notify the remaining contractors on the appropriate small works roster that quotations
on the work are being sought. The government has the sole
option of determining whether this notice to the remaining
contractors is made by: (i) Publishing notice in a legal newspaper in general circulation in the area where the work is to
be done; (ii) mailing a notice to these contractors; or (iii)
sending a notice to these contractors by facsimile or other
electronic means. For purposes of this subsection (2)(c),
"equitably distribute" means that a state agency or local government soliciting bids may not favor certain contractors on
the appropriate small works roster over other contractors on
the appropriate small works roster who perform similar services.
(d) A contract awarded from a small works roster under
this section need not be advertised.
(2010 Ed.)
39.04.155
(e) Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection,
and available by telephone inquiry.
(3) In lieu of awarding contracts under subsection (2) of
this section, a state agency or authorized local government
may award a contract for work, construction, alteration,
repair, or improvement projects estimated to cost less than
thirty-five thousand dollars using the limited public works
process provided under this subsection. Public works
projects awarded under this subsection are exempt from the
other requirements of the small works roster process provided under subsection (2) of this section and are exempt
from the requirement that contracts be awarded after advertisement as provided under RCW 39.04.010.
For limited public works projects, a state agency or
authorized local government shall solicit electronic or written
quotations from a minimum of three contractors from the
appropriate small works roster and shall award the contract to
the lowest responsible bidder as defined under RCW
39.04.010. After an award is made, the quotations shall be
open to public inspection and available by electronic request.
A state agency or authorized local government shall attempt
to distribute opportunities for limited public works projects
equitably among contractors willing to perform in the geographic area of the work. A state agency or authorized local
government shall maintain a list of the contractors contacted
and the contracts awarded during the previous twenty-four
months under the limited public works process, including the
name of the contractor, the contractor’s registration number,
the amount of the contract, a brief description of the type of
work performed, and the date the contract was awarded. For
limited public works projects, a state agency or authorized
local government may waive the payment and performance
bond requirements of chapter 39.08 RCW and the retainage
requirements of chapter 60.28 RCW, thereby assuming the
liability for the contractor’s nonpayment of laborers,
mechanics, subcontractors, materialpersons, suppliers, and
taxes imposed under Title 82 RCW that may be due from the
contractor for the limited public works project, however the
state agency or authorized local government shall have the
right of recovery against the contractor for any payments
made on the contractor’s behalf.
(4) The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the
purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process or
limited public works process.
(5)(a) A state agency or authorized local government
may use the limited public works process of subsection (3) of
this section to solicit and award small works roster contracts
to small businesses that are registered contractors with gross
revenues under one million dollars annually as reported on
their federal tax return.
(b) A state agency or authorized local government may
adopt additional procedures to encourage small businesses
that are registered contractors with gross revenues under two
hundred fifty thousand dollars annually as reported on their
federal tax returns to submit quotations or bids on small
works roster contracts.
(6) As used in this section, "state agency" means the
department of general administration, the state parks and rec[Title 39 RCW—page 5]
39.04.156
Title 39 RCW: Public Contracts and Indebtedness
reation commission, the department of natural resources, the
department of fish and wildlife, the department of transportation, any institution of higher education as defined under
RCW 28B.10.016, and any other state agency delegated
authority by the department of general administration to
engage in construction, building, renovation, remodeling,
alteration, improvement, or repair activities. [2009 c 74 § 1;
2008 c 130 § 17. Prior: 2007 c 218 § 87; 2007 c 210 § 1;
2007 c 133 § 4; 2001 c 284 § 1; 2000 c 138 § 101; 1998 c 278
§ 12; 1993 c 198 § 1; 1991 c 363 § 109.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Purpose—2000 c 138: "The purpose of this act is to establish a common small works roster procedure that state agencies and local governments
may use to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property." [2000 c 138 § 1.]
Part headings not law—2000 c 138: "Part headings used in this act are
not any part of the law." [2000 c 138 § 302.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Competitive bids—Contract procedure: RCW 36.32.250.
39.04.156 Small works roster manual—Notification
to local governments. The *department of community,
trade, and economic development, in cooperation with the
municipal research and services center, shall prepare a small
works roster manual and periodically notify the different
types of local government authorized to use a small works
roster process about this authority. [2000 c 138 § 104.]
39.04.156
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
39.04.160 Contracts subject to requirements established under office of minority and women’s business
enterprises. All contracts entered into under this chapter by
the state on or after September 1, 1983, are subject to the
requirements established under chapter 39.19 RCW. [1983 c
120 § 11.]
39.04.160
Additional notes found at www.leg.wa.gov
39.04.162 Awards of procurement contracts to veteran-owned businesses. All procurement contracts entered
into under this chapter on or after June 10, 2010, are subject
to the requirements established under RCW 43.60A.200.
[2010 c 5 § 8.]
39.04.162
Purpose—Construction—2010 c 5: See notes following RCW
43.60A.010.
control facilities or to provide water pollution control services under RCW 70.150.040 or the selection of persons or
entities to construct or develop solid waste handling facilities
or to provide solid waste handling services under RCW
35.21.156 or under RCW 36.58.090. [1989 c 399 § 11; 1986
c 244 § 13.]
Additional notes found at www.leg.wa.gov
39.04.180 Trench excavations—Safety systems
required. On public works projects in which trench excavation will exceed a depth of four feet, any contract therefor
shall require adequate safety systems for the trench excavation that meet the requirements of the Washington industrial
safety and health act, chapter 49.17 RCW. This requirement
shall be included in the cost estimates and bidding forms as a
separate item. The costs of trench safety systems shall not be
considered as incidental to any other contract item and any
attempt to include the trench safety systems as an incidental
cost is prohibited. [1988 c 180 § 1.]
39.04.180
39.04.190 Purchase contract process—Other than
formal sealed bidding. (1) This section provides a uniform
process to award contracts for the purchase of any materials,
equipment, supplies, or services by those municipalities that
are authorized to use this process in lieu of the requirements
for formal sealed bidding. The state statutes governing a specific type of municipality shall establish the maximum dollar
thresholds of the contracts that can be awarded under this
process, and may include other matters concerning the
awarding of contracts for purchases, for the municipality.
(2) At least twice per year, the municipality shall publish
in a newspaper of general circulation within the jurisdiction a
notice of the existence of vendor lists and solicit the names of
vendors for the lists. Municipalities shall by resolution establish a procedure for securing telephone or written quotations,
or both, from at least three different vendors whenever possible to assure that a competitive price is established and for
awarding the contracts for the purchase of any materials,
equipment, supplies, or services to the lowest responsible
bidder as defined in RCW 43.19.1911. Immediately after the
award is made, the bid quotations obtained shall be recorded,
open to public inspection, and shall be available by telephone
inquiry. A contract awarded pursuant to this section need not
be advertised. [1993 c 198 § 2; 1991 c 363 § 110.]
39.04.190
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
39.04.200 Small works roster or purchase contracts—Listing of contracts awarded required. Any local
government using the uniform process established in RCW
39.04.190 to award contracts for purchases must post a list of
the contracts awarded under that process at least once every
two months. Any state agency or local government using the
small works roster process established in RCW 39.04.155 to
award contracts for construction, building, renovation,
remodeling, alteration, repair, or improvement of real property must make available a list of the contracts awarded under
that process at least once every year. The list shall contain the
name of the contractor or vendor awarded the contract, the
amount of the contract, a brief description of the type of work
39.04.200
39.04.170 Application of chapter to performancebased contracts for energy equipment. This chapter shall
not apply to performance-based contracts, as defined in
*RCW 39.35A.020(3), that are negotiated under chapter
39.35A RCW. [1985 c 169 § 5.]
39.04.170
*Reviser’s note: RCW 39.35A.020 was amended by 2001 c 214 § 18,
changing subsection (3) to subsection (4).
39.04.175 Application of chapter to certain agreements relating to water pollution control, solid waste handling facilities. This chapter does not apply to the selection
of persons or entities to construct or develop water pollution
39.04.175
[Title 39 RCW—page 6]
(2010 Ed.)
Public Works
performed or items purchased under the contract, and the date
it was awarded. The list shall also state the location where the
bid quotations for these contracts are available for public
inspection. [2000 c 138 § 103; 1993 c 198 § 3; 1991 c 363 §
111.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
39.04.210 Correctional facilities construction and
repair—Findings. The legislature recognizes that fair and
open competition is a basic tenet of public works procurement, that such competition reduces the appearance of and
opportunity for favoritism and inspires public confidence that
contracts are awarded equitably and economically, and that
effective monitoring mechanisms are important means of
curbing any improprieties and establishing public confidence
in the process by which contractual services are procured.
The legislature finds that there will continue to exist a need
for additional correctional facilities due to the inadequate
capacity of existing correctional facilities to accommodate
the predicted growth of offender populations and that it is
necessary to provide public works contract options for the
effective construction and repair of additional department of
corrections facilities. [1994 c 80 § 1; 1991 c 130 § 1.]
39.04.210
Additional notes found at www.leg.wa.gov
39.04.220 Correctional facilities construction and
repair—Use of general contractor/construction manager
method for awarding contracts—Demonstration
projects. (1) In addition to currently authorized methods of
public works contracting, and in lieu of the requirements of
RCW 39.04.010 and 39.04.020 through 39.04.060, capital
projects funded for over ten million dollars authorized by the
legislature for the department of corrections to construct or
repair facilities may be accomplished under contract using
the general contractor/construction manager method
described in this section. In addition, the general contractor/construction manager method may be used for up to two
demonstration projects under ten million dollars for the
department of corrections. Each demonstration project shall
aggregate capital projects authorized by the legislature at a
single site to total no less than three million dollars with the
approval of the office of financial management. The department of general administration shall present its plan for the
aggregation of projects under each demonstration project to
the oversight advisory committee established under subsection (2) of this section prior to soliciting proposals for general
contractor/construction manager services for the demonstration project.
(2) For the purposes of this section, "general contractor/construction manager" means a firm with which the
department of general administration has selected and negotiated a maximum allowable construction cost to be guaranteed by the firm, after competitive selection through a formal
advertisement, and competitive bids to provide services during the design phase that may include life-cycle cost design
considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost
savings, and sequencing of work, and to act as the construc39.04.220
(2010 Ed.)
39.04.220
tion manager and general contractor during the construction
phase. The department of general administration shall establish an independent oversight advisory committee with representatives of interest groups with an interest in this subject
area, the department of corrections, and the private sector, to
review selection and contracting procedures and contracting
documents. The oversight advisory committee shall discuss
and review the progress of the demonstration projects. The
general contractor/construction manager method is limited to
projects authorized on or before July 1, 1997.
(3) Contracts for the services of a general contractor/construction manager awarded under the authority of this section
shall be awarded through a competitive process requiring the
public solicitation of proposals for general contractor/construction manager services. Minority and women enterprise
total project goals shall be specified in the bid instructions to
the general contractor/construction manager finalists. The
director of general administration is authorized to include an
incentive clause in any contract awarded under this section
for savings of either time or cost or both from that originally
negotiated. No incentives granted shall exceed five percent of
the maximum allowable construction cost. The director of
general administration or his or her designee shall establish a
committee to evaluate the proposals considering such factors
as: Ability of professional personnel; past performance in
negotiated and complex projects; ability to meet time and
budget requirements; location; recent, current, and projected
work loads of the firm; and the concept of their proposal.
After the committee has selected the most qualified finalists,
these finalists shall submit sealed bids for the percent fee,
which is the percentage amount to be earned by the general
contractor/construction manager as overhead and profit, on
the estimated maximum allowable construction cost and the
fixed amount for the detailed specified general conditions
work. The maximum allowable construction cost may be
negotiated between the department of general administration
and the selected firm after the scope of the project is adequately determined to establish a guaranteed contract cost for
which the general contractor/construction manager will provide a performance and payment bond. The guaranteed contract cost includes the fixed amount for the detailed specified
general conditions work, the negotiated maximum allowable
construction cost, the percent fee on the negotiated maximum
allowable construction cost, and sales tax. If the department
of general administration is unable to negotiate a satisfactory
maximum allowable construction cost with the firm selected
that the department of general administration determines to
be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the
department of general administration shall negotiate with the
next low bidder and continue until an agreement is reached or
the process is terminated. If the maximum allowable construction cost varies more than fifteen percent from the bid
estimated maximum allowable construction cost due to
requested and approved changes in the scope by the state, the
percent fee shall be renegotiated. All subcontract work shall
be competitively bid with public bid openings. Specific contract requirements for women and minority enterprise participation shall be specified in each subcontract bid package that
exceeds ten percent of the department’s estimated project
cost. All subcontractors who bid work over two hundred
[Title 39 RCW—page 7]
39.04.230
Title 39 RCW: Public Contracts and Indebtedness
thousand dollars shall post a bid bond and the awarded subcontractor shall provide a performance and payment bond for
their contract amount if required by the general contractor/construction manager. A low bidder who claims error and
fails to enter into a contract is prohibited from bidding on the
same project if a second or subsequent call for bids is made
for the project. Bidding on subcontract work by the general
contractor/construction manager or its subsidiaries is prohibited. The general contractor/construction manager may negotiate with the low-responsive bidder only in accordance with
RCW 39.04.015 or, if unsuccessful in such negotiations,
rebid.
(4) If the project is completed for less than the agreed
upon maximum allowable construction cost, any savings not
otherwise negotiated as part of an incentive clause shall
accrue to the state. If the project is completed for more than
the agreed upon maximum allowable construction cost,
excepting increases due to any contract change orders
approved by the state, the additional cost shall be the responsibility of the general contractor/construction manager.
(5) The powers and authority conferred by this section
shall be construed as in addition and supplemental to powers
or authority conferred by any other law, and nothing contained in this section may be construed as limiting any other
powers or authority of the department of general administration. However, all actions taken pursuant to the powers and
authority granted to the director or the department of general
administration under this section may only be taken with the
concurrence of the department of corrections. [1996 c 18 § 5;
1994 c 80 § 2; 1991 c 130 § 2.]
Additional notes found at www.leg.wa.gov
of a dispute arising under the contract to arbitration. [1999 c
107 § 1; 1992 c 171 § 1.]
39.04.250 Payments received on account of work performed by subcontractor—Disputed amounts—Remedies. (1) When payment is received by a contractor or subcontractor for work performed on a public work, the contractor or subcontractor shall pay to any subcontractor not later
than ten days after the receipt of the payment, amounts
allowed the contractor on account of the work performed by
the subcontractor, to the extent of each subcontractor’s interest therein.
(2) In the event of a good faith dispute over all or any
portion of the amount due on a payment from the state or a
municipality to the prime contractor, or from the prime contractor or subcontractor to a subcontractor, then the state or
the municipality, or the prime contractor or subcontractor,
may withhold no more than one hundred fifty percent of the
disputed amount. Those not a party to a dispute are entitled to
full and prompt payment of their portion of a draw, progress
payment, final payment, or released retainage.
(3) In addition to all other remedies, any person from
whom funds have been withheld in violation of this section
shall be entitled to receive from the person wrongfully withholding the funds, for every month and portion thereof that
payment including retainage is not made, interest at the highest rate allowed under RCW 19.52.025. In any action for the
collection of funds wrongfully withheld, the prevailing party
shall be entitled to costs of suit and reasonable attorneys’
fees. [1992 c 223 § 5.]
39.04.250
Additional notes found at www.leg.wa.gov
39.04.230
39.04.230 Correctional facilities construction and
repair—Alternative contracting method to remain in
force until contracts completed. Methods of public works
contracting authorized by RCW 39.04.210 and 39.04.220
shall remain in full force and effect until completion of
projects authorized on or before July 1, 1997. [1994 c 80 § 3;
1991 c 130 § 3.]
Additional notes found at www.leg.wa.gov
39.04.240
39.04.240 Public works contracts—Awarding of
attorneys’ fees. (1) The provisions of RCW 4.84.250
through 4.84.280 shall apply to an action arising out of a public works contract in which the state or a municipality, or
other public body that contracts for public works, is a party,
except that: (a) The maximum dollar limitation in RCW
4.84.250 shall not apply; and (b) in applying RCW 4.84.280,
the time period for serving offers of settlement on the adverse
party shall be the period not less than thirty days and not more
than one hundred twenty days after completion of the service
and filing of the summons and complaint.
(2) The rights provided for under this section may not be
waived by the parties to a public works contract that is
entered into on or after June 11, 1992, and a provision in such
a contract that provides for waiver of these rights is void as
against public policy. However, this subsection shall not be
construed as prohibiting the parties from mutually agreeing
to a clause in a public works contract that requires submission
[Title 39 RCW—page 8]
39.04.260 Private construction performed pursuant
to contract for rental, lease, or purchase by state—Must
comply with prevailing wage law. Any work, construction,
alteration, repair, or improvement, other than ordinary maintenance, that the state or a municipality causes to be performed by a private party through a contract to rent, lease, or
purchase at least fifty percent of the project by one or more
state agencies or municipalities shall comply with chapter
39.12 RCW. [1993 c 110 § 1.]
39.04.260
Additional notes found at www.leg.wa.gov
39.04.270 Electronic data processing and telecommunications systems—Municipalities—Acquisition
method—Competitive negotiation—Findings, intent. (1)
The legislature finds that the unique aspects of electronic data
processing and telecommunications systems and the importance of these systems for effective administration warrant
separate acquisition authority for electronic data processing
and telecommunication systems. It is the intent of the legislature that municipalities utilize an acquisition method for electronic data processing and telecommunication systems that is
both competitive and compatible with the needs of the
municipalities.
(2) A municipality may acquire electronic data processing or telecommunication equipment, software, or services
through competitive negotiation rather than through competitive bidding.
39.04.270
(2010 Ed.)
Public Works
(3) "Competitive negotiation," for the purposes of this
section, shall include, as a minimum, the following requirements:
(a) A request for proposal shall be prepared and submitted to an adequate number of qualified sources, as determined
by the municipality in its discretion, to permit reasonable
competition consistent with the requirements of the procurement. Notice of the request for the proposal must be published in a newspaper of general circulation in the municipality at least thirteen days before the last date upon which proposals will be received. The request for proposal shall
identify significant evaluation factors, including price, and
their relative importance.
(b) The municipality shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for awarding the
contract.
(c) The award shall be made to the qualified bidder
whose proposal is most advantageous to the municipality
with price and other factors considered. The municipality
may reject any and all proposals for good cause and request
new proposals. [1996 c 257 § 1.]
39.04.280 Competitive bidding requirements—
Exemptions. This section provides uniform exemptions to
competitive bidding requirements utilized by municipalities
when awarding contracts for public works and contracts for
purchases. The statutes governing a specific type of municipality may also include other exemptions from competitive
bidding requirements. The purpose of this section is to supplement and not to limit the current powers of any municipality to provide exemptions from competitive bidding requirements.
(1) Competitive bidding requirements may be waived by
the governing body of the municipality for:
(a) Purchases that are clearly and legitimately limited to
a single source of supply;
(b) Purchases involving special facilities or market conditions;
(c) Purchases in the event of an emergency;
(d) Purchases of insurance or bonds; and
(e) Public works in the event of an emergency.
(2)(a) The waiver of competitive bidding requirements
under subsection (1) of this section may be by resolution or
by the terms of written policies adopted by the municipality,
at the option of the governing body of the municipality. If the
governing body elects to waive competitive bidding requirements by the terms of written policies adopted by the municipality, immediately after the award of any contract, the contract and the factual basis for the exception must be recorded
and open to public inspection.
If a resolution is adopted by a governing body to waive
competitive bidding requirements under (b) of this subsection, the resolution must recite the factual basis for the exception. This subsection (2)(a) does not apply in the event of an
emergency.
(b) If an emergency exists, the person or persons designated by the governing body of the municipality to act in the
event of an emergency may declare an emergency situation
exists, waive competitive bidding requirements, and award
all necessary contracts on behalf of the municipality to
39.04.280
(2010 Ed.)
39.04.300
address the emergency situation. If a contract is awarded
without competitive bidding due to an emergency, a written
finding of the existence of an emergency must be made by the
governing body or its designee and duly entered of record no
later than two weeks following the award of the contract.
(3) For purposes of this section "emergency" means
unforeseen circumstances beyond the control of the municipality that either: (a) Present a real, immediate threat to the
proper performance of essential functions; or (b) will likely
result in material loss or damage to property, bodily injury, or
loss of life if immediate action is not taken. [1998 c 278 § 1.]
39.04.290 Contracts for building engineering systems. (1) A state agency or local government may award
contracts of any value for the design, fabrication, and installation of building engineering systems by: (a) Using a competitive bidding process or request for proposals process
where bidders are required to provide final specifications and
a bid price for the design, fabrication, and installation of
building engineering systems, with the final specifications
being approved by an appropriate design, engineering, and/or
public regulatory body; or (b) using a competitive bidding
process where bidders are required to provide final specifications for the final design, fabrication, and installation of
building engineering systems as part of a larger project with
the final specifications for the building engineering systems
portion of the project being approved by an appropriate
design, engineering, and/or public regulatory body. The provisions of chapter 39.80 RCW do not apply to the design of
building engineering systems that are included as part of a
contract described under this section.
(2) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Building engineering systems" means those systems
where contracts for the systems customarily have been
awarded with a requirement that the contractor provide final
approved specifications, including fire alarm systems, building sprinkler systems, pneumatic tube systems, extensions of
heating, ventilation, or air conditioning control systems,
chlorination and chemical feed systems, emergency generator systems, building signage systems, pile foundations, and
curtain wall systems.
(b) "Local government" means any county, city, town,
school district, or other special district, municipal corporation, or quasi-municipal corporation.
(c) "State agency" means the department of general
administration, the state parks and recreation commission,
the department of fish and wildlife, the department of natural
resources, any institution of higher education as defined
under RCW 28B.10.016, and any other state agency delegated authority by the department of general administration
to engage in building, renovation, remodeling, alteration,
improvement, or repair activities. [2001 c 34 § 1.]
39.04.290
39.04.300 Apprenticeship training programs—Purpose. A well-trained construction trades workforce is critical
to the ability of the state of Washington to construct public
works. Studies of the state’s workforce highlight population
trends that, without a concerted effort to offset them, will lead
to an inadequate supply of skilled workers in the construction
39.04.300
[Title 39 RCW—page 9]
39.04.310
Title 39 RCW: Public Contracts and Indebtedness
industry. State government regularly constructs public
works. The efficient and economical construction of public
works projects will be harmed if there is not an ample supply
of trained construction workers. Apprenticeship training programs are particularly effective in providing training and
experience to individuals seeking to enter or advance in the
workforce. By providing for apprenticeship utilization on
public works projects, state government can create opportunities for training and experience that will help assure that a
trained workforce will be available, including returning veterans, in sufficient numbers in the future for the construction
of public works. Furthermore, the state of Washington
hereby establishes its intent to assist returning veterans
through programs such as the "helmets to hardhats" program,
which is administered by the center for military recruitment,
assessment, and veterans employment. It is the state’s intent
to assist returning veterans with apprenticeship placement
career opportunities, in order to expedite the transition from
military service to the construction workforce. [2006 c 321 §
1; 2005 c 3 § 1.]
Effective date—2005 c 3: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 24, 2005]." [2005 c 3 § 5.]
39.04.310
39.04.310 Apprenticeship training programs—Definitions. The definitions in this section apply throughout this
section and RCW 39.04.300 and 39.04.320 unless the context
clearly requires otherwise.
(1) "Apprentice" means an apprentice enrolled in a stateapproved apprenticeship training program.
(2) "Apprentice utilization requirement" means the
requirement that the appropriate percentage of labor hours be
performed by apprentices.
(3) "Labor hours" means the total hours of workers
receiving an hourly wage who are directly employed on the
site of the public works project. "Labor hours" includes
hours performed by workers employed by the contractor and
all subcontractors working on the project. "Labor hours"
does not include hours worked by foremen, superintendents,
owners, and workers who are not subject to prevailing wage
requirements.
(4) "School district" has the same meaning as in RCW
28A.315.025.
(5) "State-approved apprenticeship training program"
means an apprenticeship training program approved by the
Washington state apprenticeship council. [2007 c 437 § 1;
2005 c 3 § 2.]
Effective date—2005 c 3: See note following RCW 39.04.300.
39.04.320
39.04.320 Apprenticeship training programs—Public works contracts—Adjustment of specific projects—
Report and collection of agency data—Apprenticeship
utilization advisory committee created. (1)(a) Except as
provided in (b) through (d) of this subsection, from January 1,
2005, and thereafter, for all public works estimated to cost
one million dollars or more, all specifications shall require
that no less than fifteen percent of the labor hours be performed by apprentices.
[Title 39 RCW—page 10]
(b)(i) This section does not apply to contracts advertised
for bid before July 1, 2007, for any public works by the
department of transportation.
(ii) For contracts advertised for bid on or after July 1,
2007, and before July 1, 2008, for all public works by the
department of transportation estimated to cost five million
dollars or more, all specifications shall require that no less
than ten percent of the labor hours be performed by apprentices.
(iii) For contracts advertised for bid on or after July 1,
2008, and before July 1, 2009, for all public works by the
department of transportation estimated to cost three million
dollars or more, all specifications shall require that no less
than twelve percent of the labor hours be performed by
apprentices.
(iv) For contracts advertised for bid on or after July 1,
2009, for all public works by the department of transportation
estimated to cost two million dollars or more, all specifications shall require that no less than fifteen percent of the labor
hours be performed by apprentices.
(c)(i) This section does not apply to contracts advertised
for bid before January 1, 2008, for any public works by a
school district, or to any project funded in whole or in part by
bond issues approved before July 1, 2007.
(ii) For contracts advertised for bid on or after January 1,
2008, for all public works by a school district estimated to
cost three million dollars or more, all specifications shall
require that no less than ten percent of the labor hours be performed by apprentices.
(iii) For contracts advertised for bid on or after January
1, 2009, for all public works by a school district estimated to
cost two million dollars or more, all specifications shall
require that no less than twelve percent of the labor hours be
performed by apprentices.
(iv) For contracts advertised for bid on or after January 1,
2010, for all public works by a school district estimated to
cost one million dollars or more, all specifications shall
require that no less than fifteen percent of the labor hours be
performed by apprentices.
(d)(i) For contracts advertised for bid on or after January
1, 2010, for all public works by a four-year institution of
higher education estimated to cost three million dollars or
more, all specifications must require that no less than ten percent of the labor hours be performed by apprentices.
(ii) For contracts advertised for bid on or after January 1,
2011, for all public works by a four-year institution of higher
education estimated to cost two million dollars or more, all
specifications must require that no less than twelve percent of
the labor hours be performed by apprentices.
(iii) For contracts advertised for bid on or after January
1, 2012, for all public works by a four-year institution of
higher education estimated to cost one million dollars or
more, all specifications must require that no less than fifteen
percent of the labor hours be performed by apprentices.
(2) Awarding entities may adjust the requirements of this
section for a specific project for the following reasons:
(a) The demonstrated lack of availability of apprentices
in specific geographic areas;
(b) A disproportionately high ratio of material costs to
labor hours, which does not make feasible the required minimum levels of apprentice participation;
(2010 Ed.)
Public Works
(c) Participating contractors have demonstrated a good
faith effort to comply with the requirements of RCW
39.04.300 and 39.04.310 and this section; or
(d) Other criteria the awarding entity deems appropriate,
which are subject to review by the office of the governor.
(3) The secretary of the department of transportation
shall adjust the requirements of this section for a specific
project for the following reasons:
(a) The demonstrated lack of availability of apprentices
in specific geographic areas; or
(b) A disproportionately high ratio of material costs to
labor hours, which does not make feasible the required minimum levels of apprentice participation.
(4) This section applies to public works contracts
awarded by the state, to public works contracts awarded by
school districts, and to public works contracts awarded by
state four-year institutions of higher education. However,
this section does not apply to contracts awarded by state
agencies headed by a separately elected public official.
(5)(a) The department of general administration must
provide information and technical assistance to affected
agencies and collect the following data from affected agencies for each project covered by this section:
(i) The name of each apprentice and apprentice registration number;
(ii) The name of each project;
(iii) The dollar value of each project;
(iv) The date of the contractor’s notice to proceed;
(v) The number of apprentices and labor hours worked
by them, categorized by trade or craft;
(vi) The number of journey level workers and labor
hours worked by them, categorized by trade or craft; and
(vii) The number, type, and rationale for the exceptions
granted under subsection (2) of this section.
(b) The department of labor and industries shall assist the
department of general administration in providing information and technical assistance.
(6) The secretary of transportation shall establish an
apprenticeship utilization advisory committee, which shall
include statewide geographic representation and consist of
equal numbers of representatives of contractors and labor.
The committee must include at least one member representing contractor businesses with less than thirty-five employees. The advisory committee shall meet regularly with the
secretary of transportation to discuss implementation of this
section by the department of transportation, including development of the process to be used to adjust the requirements of
this section for a specific project. The committee shall provide a report to the legislature by January 1, 2008, on the
effects of the apprentice labor requirement on transportation
projects and on the availability of apprentice labor and programs statewide.
(7) At the request of the senate labor, commerce,
research and development committee, the house of representatives commerce and labor committee, or their successor
committees, and the governor, the department of general
administration and the department of labor and industries
shall compile and summarize the agency data and provide a
joint report to both committees. The report shall include recommendations on modifications or improvements to the
apprentice utilization program and information on skill short(2010 Ed.)
39.04.350
ages in each trade or craft. [2009 c 197 § 1; 2007 c 437 § 2;
2006 c 321 § 2; 2005 c 3 § 3.]
Rules—Implementation—2009 c 197: "The Washington state apprenticeship and training council shall adopt rules necessary to implement sections 2 and 3 of this act. Rules shall address due process protections for all
parties and shall strengthen the accountability for apprenticeship committees
approved under chapter 49.04 RCW in enforcing the apprenticeship program
standards adopted by the council." [2009 c 197 § 4.]
Effective date—2005 c 3: See note following RCW 39.04.300.
39.04.330 Use of wood products—Compliance with
chapter 39.35D RCW. For purposes of determining compliance with chapter 39.35D RCW, the department of general
administration shall credit the project for using wood products with a credible third party sustainable forest certification
or from forests regulated under chapter 76.09 RCW, the
Washington forest practices act. [2005 c 12 § 11.]
39.04.330
39.04.340 Apprenticeship and training council outreach effort. The Washington state apprenticeship and training council shall lead and coordinate an outreach effort to
educate returning veterans about apprenticeship and career
opportunities in the construction industry. The outreach
effort shall include information about the "helmets to
hardhats" program and other paths for making the transition
from military service to the construction workforce. The outreach effort shall be developed and coordinated with apprenticeship programs, other state agencies involved in workforce
training, and representatives of contractors and labor. [2006
c 321 § 3.]
39.04.340
39.04.350 Bidder responsibility criteria—Supplemental criteria. (1) Before award of a public works contract, a bidder must meet the following responsibility criteria
to be considered a responsible bidder and qualified to be
awarded a public works project. The bidder must:
(a) At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW;
(b) Have a current state unified business identifier number;
(c) If applicable, have industrial insurance coverage for
the bidder’s employees working in Washington as required in
Title 51 RCW; an employment security department number
as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW;
(d) Not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065(3);
(e) If bidding on a public works project subject to the
apprenticeship utilization requirements in RCW 39.04.320,
not have been found out of compliance by the Washington
state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside
their approved work processes as outlined in their standards
of apprenticeship under chapter 49.04 RCW for the one-year
period immediately preceding the date of the bid solicitation;
and
(f) Until December 31, 2013, not have violated RCW
39.04.370 more than one time as determined by the department of labor and industries.
(2) In addition to the bidder responsibility criteria in subsection (1) of this section, the state or municipality may adopt
39.04.350
[Title 39 RCW—page 11]
39.04.360
Title 39 RCW: Public Contracts and Indebtedness
relevant supplemental criteria for determining bidder responsibility applicable to a particular project which the bidder
must meet.
(a) Supplemental criteria for determining bidder responsibility, including the basis for evaluation and the deadline
for appealing a determination that a bidder is not responsible,
must be provided in the invitation to bid or bidding documents.
(b) In a timely manner before the bid submittal deadline,
a potential bidder may request that the state or municipality
modify the supplemental criteria. The state or municipality
must evaluate the information submitted by the potential bidder and respond before the bid submittal deadline. If the
evaluation results in a change of the criteria, the state or
municipality must issue an addendum to the bidding documents identifying the new criteria.
(c) If the bidder fails to supply information requested
concerning responsibility within the time and manner specified in the bid documents, the state or municipality may base
its determination of responsibility upon any available information related to the supplemental criteria or may find the
bidder not responsible.
(d) If the state or municipality determines a bidder to be
not responsible, the state or municipality must provide, in
writing, the reasons for the determination. The bidder may
appeal the determination within the time period specified in
the bidding documents by presenting additional information
to the state or municipality. The state or municipality must
consider the additional information before issuing its final
determination. If the final determination affirms that the bidder is not responsible, the state or municipality may not execute a contract with any other bidder until two business days
after the bidder determined to be not responsible has received
the final determination.
(3) The capital projects advisory review board created in
RCW 39.10.220 shall develop suggested guidelines to assist
the state and municipalities in developing supplemental bidder responsibility criteria. The guidelines must be posted on
the board’s web site. [2010 c 276 § 2; 2009 c 197 § 2; 2007
c 133 § 2.]
Rules—Implementation—2009 c 197: See note following RCW
39.04.320.
39.04.360 Payment of undisputed claims. No later
than thirty days after satisfactory completion of any additional work or portion of any additional work by a contractor
on a public works project, the state or municipality shall issue
a change order to the contract for the full dollar amount of the
work not in dispute between the state or municipality and the
contractor. If the state or municipality does not issue such a
change order within the thirty days, interest must accrue on
the dollar amount of the additional work satisfactorily completed and not in dispute until a change order is issued. The
state or municipality shall pay this interest at a rate of one
percent per month. For the purposes of this section, additional work is work beyond the scope defined in the contract
between the contractor and the state or municipality. [2009 c
193 § 1.]
39.04.360
39.04.370 Contract requirements—Off-site prefabricated items—Submission of information. (1) For any pub39.04.370
[Title 39 RCW—page 12]
lic work estimated to cost over one million dollars, the contract must contain a provision requiring the submission of
certain information about off-site, prefabricated, nonstandard, project specific items produced under the terms of the
contract and produced outside Washington. The information
must be submitted to the department of labor and industries
under subsection (2) of this section. The information that
must be provided is:
(a) The estimated cost of the public works project;
(b) The name of the awarding agency and the title of the
public works project;
(c) The contract value of the off-site, prefabricated, nonstandard, project specific items produced outside Washington, including labor and materials; and
(d) The name, address, and federal employer identification number of the contractor that produced the off-site, prefabricated, nonstandard, project specific items.
(2)(a) The required information under this section must
be submitted by the contractor or subcontractor as a part of
the affidavit of wages paid form filed with the department of
labor and industries under RCW 39.12.040. This information
is only required to be submitted by the contractor or subcontractor who directly contracted for the off-site, prefabricated,
nonstandard, project specific items produced outside Washington.
(b) The department of labor and industries shall include
requests for the information about off-site, prefabricated,
nonstandard, project specific items produced outside Washington on the affidavit of wages paid form required under
RCW 39.12.040.
(c) The department of general administration shall
develop standard contract language to meet the requirements
of subsection (1) of this section and make the language available on its web site.
(d) Failure to submit the information required in subsection (1) of this section as part of the affidavit of wages paid
form does not constitute a violation of RCW 39.12.050.
(3) For the purposes of this section, "off-site, prefabricated, nonstandard, project specific items" means products or
items that are: (a) Made primarily of architectural or structural precast concrete, fabricated steel, pipe and pipe systems,
or sheet metal and sheet metal duct work; (b) produced specifically for the public work and not considered to be regularly available shelf items; (c) produced or manufactured by
labor expended to assemble or modify standard items; and (d)
produced at an off-site location.
(4) The department of labor and industries shall transmit
information collected under this section to the capital projects
advisory review board created in RCW 39.10.220 for review.
(5) This section applies to contracts entered into between
September 1, 2010, and December 31, 2013.
(6) This section does not apply to department of transportation public works projects.
(7) This section does not apply to local transportation
public works projects. [2010 c 276 § 1.]
39.04.900 Rights may not be waived—Construction—1992 c 223. (1) The rights provided in chapter 223,
Laws of 1992 may not be waived by the parties and a contract
provision that provides for waiver of the rights provided in
chapter 223, Laws of 1992 is void as against public policy.
39.04.900
(2010 Ed.)
Public Works—Registration, Licensing, of Contractors
(2) Chapter 223, Laws of 1992 is to be liberally construed to provide security for all parties intended to be protected by its provisions. [1992 c 223 § 6.]
Additional notes found at www.leg.wa.gov
Chapter 39.08
Additional notes found at www.leg.wa.gov
Chapter 39.06
Chapter 39.06 RCW
Chapter 39.08 RCW
CONTRACTOR’S BOND
Sections
39.08.010
39.04.901
39.04.901 Application—1992 c 223. RCW 39.76.011,
60.28.011, 60.28.021, 60.28.051, 39.04.250, and 39.04.900
are applicable to all public works contracts entered into on or
after September 1, 1992, relating to the construction of any
work of improvement. [2009 c 219 § 1; 1992 c 223 § 7.]
39.08.010
39.08.015
39.08.030
39.08.065
39.08.080
39.08.100
Bond required—Conditions—Retention of contract amount in
lieu of bond—Contracts of one hundred thousand dollars or
less.
Liability for failure to take bond.
Conditions of bond—Notice of claim—Action on bond—
Attorney’s fees.
Notice to contractor condition to suit on bond when supplies
are furnished to subcontractor.
Liens for labor, materials, taxes, on public works.
Marine vessel construction—Security in lieu of bond.
Public officer requiring bond or insurance from particular insurer, agent or
broker, procuring bond or insurance, violations: RCW 48.30.270.
39.08.010 Bond required—Conditions—Retention of
contract amount in lieu of bond—Contracts of one hundred thousand dollars or less. Whenever any board, council, commission, trustees, or body acting for the state or any
county or municipality or any public body shall contract with
any person or corporation to do any work for the state,
county, or municipality, or other public body, city, town, or
district, such board, council, commission, trustees, or body
shall require the person or persons with whom such contract
is made to make, execute, and deliver to such board, council,
commission, trustees, or body a good and sufficient bond,
with a surety company as surety, conditioned that such person or persons shall faithfully perform all the provisions of
such contract and pay all laborers, mechanics, and subcontractors and material suppliers, and all persons who supply
such person or persons, or subcontractors, with provisions
and supplies for the carrying on of such work, which bond in
cases of cities and towns shall be filed with the clerk or comptroller thereof, and any person or persons performing such
services or furnishing material to any subcontractor shall
have the same right under the provisions of such bond as if
such work, services, or material was furnished to the original
contractor: PROVIDED, HOWEVER, That the provisions of
RCW 39.08.010 through 39.08.030 shall not apply to any
money loaned or advanced to any such contractor, subcontractor or other person in the performance of any such work:
PROVIDED FURTHER, That on contracts of thirty-five
thousand dollars or less, at the option of the contractor the
respective public entity may, in lieu of the bond, retain fifty
percent of the contract amount for a period of thirty days after
date of final acceptance, or until receipt of all necessary
releases from the department of revenue and the department
of labor and industries and settlement of any liens filed under
chapter 60.28 RCW, whichever is later: PROVIDED FURTHER, That for contracts of one hundred thousand dollars or
less, the public entity may accept a full payment and performance bond from an individual surety or sureties: AND
PROVIDED FURTHER, That the surety must agree to be
bound by the laws of the state of Washington and subjected to
the jurisdiction of the state of Washington. [2007 c 218 § 88;
2007 c 210 § 3; 1989 c 145 § 1; 1982 c 98 § 5; 1975 1st ex.s.
c 278 § 23; 1967 c 70 § 2; 1915 c 28 § 1; 1909 c 207 § 1; RRS
§ 1159. Prior: 1897 c 44 § 1; 1888 p 15 § 1.]
39.08.010
PUBLIC WORKS—REGISTRATION,
LICENSING, OF CONTRACTORS
Sections
39.06.010
39.06.020
Contracts with unregistered or unlicensed contractors and with
other violators prohibited.
Verification of subcontractor responsibility criteria.
39.06.010
39.06.010 Contracts with unregistered or unlicensed
contractors and with other violators prohibited. No
agency of the state or any of its political subdivisions may
execute a contract:
(1) With any contractor who is not registered or licensed
as may be required by the laws of this state other than contractors on highway projects who have been prequalified as
required by RCW 47.28.070, with the department of transportation to perform highway construction, reconstruction, or
maintenance; or
(2) For two years from the date that a violation is finally
determined, with any person or entity who has been determined by the respective administering agency to have viol a t e d R C W 5 0 . 1 2 . 0 7 0 ( 1 ) ( b ) , 5 1 .1 6 . 0 7 0 ( 1 ) ( b ) , o r
*82.32.070(1)(b). During this two-year period, the person or
entity may not be permitted to bid, or have a bid considered,
on any public works contract. [1997 c 54 § 1; 1984 c 7 § 43;
1967 c 70 § 3.]
*Reviser’s note: RCW 82.32.070 was amended by 1999 c 358 § 14,
changing subsection (1)(b) to subsection (2).
Construction building permits—Cities, towns or counties prohibited from
issuing without verification of registration: RCW 18.27.110.
Additional notes found at www.leg.wa.gov
39.06.020
39.06.020 Verification of subcontractor responsibility criteria. A public works contractor must verify responsibility criteria for each first tier subcontractor, and a subcontractor of any tier that hires other subcontractors must verify
responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in
RCW 39.04.350(1) and possesses an electrical contractor
license, if required by chapter 19.28 RCW, or an elevator
contractor license, if required by chapter 70.87 RCW. This
verification requirement, as well as the responsibility criteria,
must be included in every public works contract and subcontract of every tier. [2007 c 133 § 3.]
(2010 Ed.)
Reviser’s note: This section was amended by 2007 c 210 § 3 and by
2007 c 218 § 88, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
[Title 39 RCW—page 13]
39.08.015
Title 39 RCW: Public Contracts and Indebtedness
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
State highway construction and maintenance, bond and surety requirements:
Chapter 47.28 RCW.
Additional notes found at www.leg.wa.gov
39.08.015
39.08.015 Liability for failure to take bond. If any
board of county commissioners of any county, or mayor and
common council of any incorporated city or town, or tribunal
transacting the business of any municipal corporation shall
fail to take such bond as herein required, such county, incorporated city or town, or other municipal corporation, shall be
liable to the persons mentioned in RCW 39.08.010, to the full
extent and for the full amount of all such debts so contracted
by such contractor. [1909 c 207 § 2; RRS § 1160. Prior:
1888 p 15 § 2. Formerly RCW 39.08.070.]
39.08.030
39.08.030 Conditions of bond—Notice of claim—
Action on bond—Attorney’s fees. (Effective until June 30,
2016.) (1) The bond mentioned in RCW 39.08.010 shall be
in an amount equal to the full contract price agreed to be paid
for such work or improvement, except under subsections (2)
and (3) of this section, and shall be to the state of Washington, except as otherwise provided in RCW 39.08.100, and
except in cases of cities and towns, in which cases such
municipalities may by general ordinance fix and determine
the amount of such bond and to whom such bond shall run:
PROVIDED, The same shall not be for a less amount than
twenty-five percent of the contract price of any such
improvement, and may designate that the same shall be payable to such city, and not to the state of Washington, and all
such persons mentioned in RCW 39.08.010 shall have a right
of action in his, her, or their own name or names on such
bond for work done by such laborers or mechanics, and for
materials furnished or provisions and goods supplied and furnished in the prosecution of such work, or the making of such
improvements: PROVIDED, That such persons shall not
have any right of action on such bond for any sum whatever,
unless within thirty days from and after the completion of the
contract with an acceptance of the work by the affirmative
action of the board, council, commission, trustees, officer, or
body acting for the state, county or municipality, or other
public body, city, town or district, the laborer, mechanic or
subcontractor, or material supplier, or person claiming to
have supplied materials, provisions or goods for the prosecution of such work, or the making of such improvement, shall
present to and file with such board, council, commission,
trustees or body acting for the state, county or municipality,
or other public body, city, town or district, a notice in writing
in substance as follows:
To (here insert the name of the state, county or municipality or other public body, city, town or district):
Notice is hereby given that the undersigned (here
insert the name of the laborer, mechanic or subcontractor,
or material supplier, or person claiming to have furnished
labor, materials or provisions for or upon such contract or
work) has a claim in the sum of . . . . . . dollars (here insert
the amount) against the bond taken from . . . . . . (here insert
the name of the principal and surety or sureties upon such
[Title 39 RCW—page 14]
bond) for the work of . . . . . . (here insert a brief mention or
description of the work concerning which said bond was
taken).
(here to be signed) . . . . . . . . . . . . .
Such notice shall be signed by the person or corporation
making the claim or giving the notice, and said notice, after
being presented and filed, shall be a public record open to
inspection by any person, and in any suit or action brought
against such surety or sureties by any such person or corporation to recover for any of the items hereinbefore specified, the
claimant shall be entitled to recover in addition to all other
costs, attorney’s fees in such sum as the court shall adjudge
reasonable: PROVIDED, HOWEVER, That no attorney’s
fees shall be allowed in any suit or action brought or instituted before the expiration of thirty days following the date of
filing of the notice hereinbefore mentioned: PROVIDED
FURTHER, That any city may avail itself of the provisions of
RCW 39.08.010 through 39.08.030, notwithstanding any
charter provisions in conflict herewith: AND PROVIDED
FURTHER, That any city or town may impose any other or
further conditions and obligations in such bond as may be
deemed necessary for its proper protection in the fulfillment
of the terms of the contract secured thereby, and not in conflict herewith.
(2) Under the job order contracting procedure described
in RCW 39.10.420, bonds will be in an amount not less than
the dollar value of all open work orders.
(3)(a) On highway construction contracts administered
by the department of transportation with an estimated contract price of two hundred fifty million dollars or more, the
department may authorize bonds in an amount less than the
full contract price of the project. If a bond less than the full
contract price is authorized by the department, the bond must
be in the form of a performance bond and a separate payment
bond. The department shall fix the amount of the performance bond on a contract-by-contract basis to adequately
protect one hundred percent of the state’s exposure to loss.
The amount of the performance bond must not be less than
two hundred fifty million dollars. The payment bond must be
in an amount fixed by the department but must not be less
than the amount of the performance bond. The secretary of
transportation must approve each performance bond and payment bond authorized to be less than the full contract price of
a project. Before the secretary may approve any bond authorized to be less than the full contract price of a project, the
office of financial management shall review and approve the
analysis supporting the amount of the bond set by the department to ensure that one hundred percent of the state’s exposure to loss is adequately protected. All the requirements of
this chapter apply respectively to the individual performance
and payment bonds. The performance bond is solely for the
protection of the department. The payment bond is solely for
the protection of laborers, mechanics, subcontractors, and
suppliers mentioned in RCW 39.08.010.
(b) The department shall develop risk assessment guidelines and gain approval of these guidelines from the office of
financial management before implementing (a) of this subsection. The guidelines must include a clear process for how
the department measures the state’s exposure to loss and how
the performance bond amount, determined under (a) of this
(2010 Ed.)
Contractor’s Bond
subsection, adequately protects one hundred percent of the
state’s exposure to loss.
(c) The department shall report to the house of representatives and senate transportation committees by December 1,
2012: Each project where the department authorized bonds
that were less than the full contract price; the difference
between the project amount and the bond requirements; the
number of bidders on the project; and other information that
documents the effects of the reduced bond amounts on the
project. [2009 c 473 § 1; 2007 c 218 § 89; 2003 c 301 § 4;
1989 c 58 § 1; 1977 ex.s. c 166 § 4; 1915 c 28 § 2; 1909 c 207
§ 3; RRS § 1161. Prior: 1899 c 105 § 1; 1888 p 16 § 3. Formerly RCW 39.08.030 through 39.08.060.]
Expiration date—2009 c 473: "This act expires June 30, 2016." [2009
c 473 § 3.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
39.08.030
39.08.030 Conditions of bond—Notice of claim—
Action on bond—Attorney’s fees. (Effective June 30,
2016.) (1) The bond mentioned in RCW 39.08.010 shall be
in an amount equal to the full contract price agreed to be paid
for such work or improvement, except under subsection (2)
of this section, and shall be to the state of Washington, except
as otherwise provided in RCW 39.08.100, and except in cases
of cities and towns, in which cases such municipalities may
by general ordinance fix and determine the amount of such
bond and to whom such bond shall run: PROVIDED, The
same shall not be for a less amount than twenty-five percent
of the contract price of any such improvement, and may designate that the same shall be payable to such city, and not to
the state of Washington, and all such persons mentioned in
RCW 39.08.010 shall have a right of action in his, her, or
their own name or names on such bond for work done by such
laborers or mechanics, and for materials furnished or provisions and goods supplied and furnished in the prosecution of
such work, or the making of such improvements: PROVIDED, That such persons shall not have any right of action
on such bond for any sum whatever, unless within thirty days
from and after the completion of the contract with an acceptance of the work by the affirmative action of the board,
council, commission, trustees, officer, or body acting for the
state, county or municipality, or other public body, city, town
or district, the laborer, mechanic or subcontractor, or material
supplier, or person claiming to have supplied materials, provisions or goods for the prosecution of such work, or the
making of such improvement, shall present to and file with
such board, council, commission, trustees or body acting for
the state, county or municipality, or other public body, city,
town or district, a notice in writing in substance as follows:
To (here insert the name of the state, county or municipality or other public body, city, town or district):
Notice is hereby given that the undersigned (here
insert the name of the laborer, mechanic or subcontractor,
or material supplier, or person claiming to have furnished
labor, materials or provisions for or upon such contract or
(2010 Ed.)
39.08.065
work) has a claim in the sum of . . . . . . dollars (here insert
the amount) against the bond taken from . . . . . . (here insert
the name of the principal and surety or sureties upon such
bond) for the work of . . . . . . (here insert a brief mention or
description of the work concerning which said bond was
taken).
(here to be signed) . . . . . . . . . . . . .
Such notice shall be signed by the person or corporation
making the claim or giving the notice, and said notice, after
being presented and filed, shall be a public record open to
inspection by any person, and in any suit or action brought
against such surety or sureties by any such person or corporation to recover for any of the items hereinbefore specified, the
claimant shall be entitled to recover in addition to all other
costs, attorney’s fees in such sum as the court shall adjudge
reasonable: PROVIDED, HOWEVER, That no attorney’s
fees shall be allowed in any suit or action brought or instituted before the expiration of thirty days following the date of
filing of the notice hereinbefore mentioned: PROVIDED
FURTHER, That any city may avail itself of the provisions of
RCW 39.08.010 through 39.08.030, notwithstanding any
charter provisions in conflict herewith: AND PROVIDED
FURTHER, That any city or town may impose any other or
further conditions and obligations in such bond as may be
deemed necessary for its proper protection in the fulfillment
of the terms of the contract secured thereby, and not in conflict herewith.
(2) Under the job order contracting procedure described
in *RCW 39.10.130, bonds will be in an amount not less than
the dollar value of all open work orders. [2007 c 218 § 89;
2003 c 301 § 4; 1989 c 58 § 1; 1977 ex.s. c 166 § 4; 1915 c 28
§ 2; 1909 c 207 § 3; RRS § 1161. Prior: 1899 c 105 § 1; 1888
p 16 § 3. Formerly RCW 39.08.030 through 39.08.060.]
*Reviser’s note: RCW 39.10.130 was recodified as RCW 39.10.420
pursuant to 2007 c 494 § 511, effective July 1, 2007.
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
39.08.065 Notice to contractor condition to suit on
bond when supplies are furnished to subcontractor.
Every person, firm or corporation furnishing materials, supplies or provisions to be used in the construction, performance, carrying on, prosecution or doing of any work for the
state, or any county, city, town, district, municipality or other
public body, shall, not later than ten days after the date of the
first delivery of such materials, supplies or provisions to any
subcontractor or agent of any person, firm or corporation
having a subcontract for the construction, performance, carrying on, prosecution or doing of such work, deliver or mail
to the contractor a notice in writing stating in substance and
effect that such person, firm or corporation has commenced
to deliver materials, supplies or provisions for use thereon,
with the name of the subcontractor or agent ordering or to
whom the same is furnished and that such contractor and his
bond will be held for the payment of the same, and no suit or
action shall be maintained in any court against the contractor
or his bond to recover for such material, supplies or provisions or any part thereof unless the provisions of this section
have been complied with. [1915 c 167 § 1; RRS § 1159-1.
Formerly RCW 39.08.020.]
39.08.065
[Title 39 RCW—page 15]
39.08.080
Title 39 RCW: Public Contracts and Indebtedness
39.08.080 Liens for labor, materials, taxes, on public
works. See chapter 60.28 RCW.
39.10.410
39.08.100 Marine vessel construction—Security in
lieu of bond. On contracts for construction, maintenance, or
repair of a marine vessel, the department of transportation or
any county may permit, subject to specified format and conditions, the substitution of one or more of the following alternate forms of security in lieu of all or part of the bond: Certified check, replacement bond, cashier’s check, treasury
bills, an irrevocable bank letter of credit, assignment of a savings account, or other liquid assets specifically approved by
the secretary of transportation or county engineer, for their
respective projects. The secretary of transportation or county
engineer, respectively, shall predetermine and include in the
special provisions of the bid package the amount of this alternative form of security or bond, or a combination of the two,
on a case-by-case basis, in an amount adequate to protect one
hundred percent of the state’s or county’s exposure to loss.
Assets used as an alternative form of security shall not be
used to secure the bond. By October 1, 1989, the department
shall develop and adopt rules under chapter 34.05 RCW that
establish the procedures for determining the state’s exposure
to loss on contracts for construction, maintenance, or repair
of a marine vessel. Prior to awarding any contract limiting
security to the county’s exposure to loss, a county shall
develop and adopt an ordinance that establishes the procedure for determining the county’s exposure to loss on contracts for construction, maintenance, or repair of a marine
vessel. [2005 c 101 § 1; 1989 c 58 § 2.]
39.10.430
39.10.440
39.10.450
39.10.460
39.10.470
39.08.080
39.08.100
Effective date—2005 c 101: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 20, 2005]." [2005 c 101 § 2.]
Chapter 39.10
Chapter 39.10 RCW
ALTERNATIVE PUBLIC WORKS
CONTRACTING PROCEDURES
Sections
39.10.200
39.10.210
39.10.220
39.10.230
39.10.240
39.10.250
39.10.260
39.10.270
39.10.280
39.10.290
39.10.300
39.10.320
39.10.330
39.10.340
39.10.350
39.10.360
39.10.370
39.10.380
39.10.385
39.10.390
39.10.400
Finding—Purpose—Intent.
Definitions.
Board—Membership—Vacancies.
Board—Powers and duties.
Project review committee—Creation—Members.
Project review committee—Duties.
Project review committee—Meetings—Open and public.
Project review committee—Certification of public bodies.
Project review committee—Project approval process.
Appeal process.
Design-build procedure—Uses.
Design-build procedure—Project management and contracting requirements.
Design-build contract award process.
General contractor/construction manager procedure—Uses.
General contractor/construction manager procedure—Project
management and contracting requirements.
General contractor/construction manager procedure—Contract award process.
General contractor/construction manager procedure—Maximum allowable construction cost.
General contractor/construction manager procedure—Subcontract bidding procedure.
General contractor/construction manager procedure—Alternative subcontractor selection process.
General contractor/construction manager procedure—Subcontract work.
General contractor/construction manager procedure—Prebid
determination of subcontractor eligibility.
[Title 39 RCW—page 16]
39.10.420
39.10.480
39.10.490
39.10.500
39.10.510
39.10.900
39.10.901
39.10.903
39.10.904
39.10.905
General contractor/construction manager procedure—Subcontract agreements.
Job order procedure—Which public bodies may use—Authorized use.
Job order procedure—Contract award process.
Job order procedure—Contract requirements.
Job order procedure—Work orders.
Job order procedure—Required information to board.
Public inspection of certain records—Protection of trade
secrets.
Construction of chapter—Waiver of other limits and requirements.
Application of chapter.
Exemptions.
Previously advertised projects.
Captions not law—1994 c 132.
Severability—1994 c 132.
Part headings and captions not law—2007 c 494.
Effective dates—2007 c 494.
Severability—2007 c 494.
Reviser’s note—Sunset Act application: The alternative public works
contracting procedures are subject to review, termination, and possible
extension under chapter 43.131 RCW, the Sunset Act. See RCW
43.131.407. RCW 39.10.200 through 39.10.903 are scheduled for future
repeal under RCW 43.131.408.
39.10.200 Finding—Purpose—Intent. The legislature
finds that the traditional process of awarding public works
contracts in lump sum to the lowest responsible bidder is a
fair and objective method of selecting a contractor. However,
under certain circumstances, alternative public works contracting procedures may best serve the public interest if such
procedures are implemented in an open and fair process
based on objective and equitable criteria. The purpose of this
chapter is to authorize the use of certain supplemental alternative public works contracting procedures, to prescribe
appropriate requirements to ensure that such contracting procedures serve the public interest, and to establish a process
for evaluation of such contracting procedures. It is the intent
of the legislature to establish that, unless otherwise specifically provided for in law, public bodies may use only those
alternative public works contracting procedures specifically
authorized in this chapter, subject to the requirements of this
chapter. [2010 1st sp.s. c 21 § 2; 2007 c 494 § 1; 1994 c 132
§ 1. Formerly RCW 39.10.010.]
39.10.200
Sunset Act application: See note following chapter digest.
Intent—2010 1st sp.s. c 21: "The establishment of alternative public
works contracting procedures authorized for use by public bodies has been a
complex, controversial, and challenging undertaking, but it has been successful. The key to the successful adoption and consideration of these procedures has depended, in great part, on the review and oversight mechanisms
put in place by the legislature in chapter 39.10 RCW, as well as the countless
hours of dedicated work by numerous stakeholders over many years. It is the
intent of the legislature to clarify that, unless otherwise specifically provided
for in law, public bodies that want to use an alternative public works contracting procedure may use only those procedures specifically authorized in
chapter 39.10 RCW." [2010 1st sp.s. c 21 § 1.]
39.10.210 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Alternative public works contracting procedure"
means the design-build, general contractor/construction manager, and job order contracting procedures authorized in
RCW 39.10.300, 39.10.340, and 39.10.420, respectively.
(2) "Board" means the capital projects advisory review
board.
39.10.210
(2010 Ed.)
Alternative Public Works Contracting Procedures
(3) "Certified public body" means a public body certified
to use design-build or general contractor/construction manager contracting procedures, or both, under RCW 39.10.270.
(4) "Committee" means the project review committee.
(5) "Design-build procedure" means a contract between
a public body and another party in which the party agrees to
both design and build the facility, portion of the facility, or
other item specified in the contract.
(6) "General contractor/construction manager" means a
firm with which a public body has selected and negotiated a
maximum allowable construction cost to provide services
during the design phase and to act as construction manager
and general contractor during the construction phase.
(7) "Job order contract" means a contract in which the
contractor agrees to a fixed period, indefinite quantity delivery order contract which provides for the use of negotiated,
definitive work orders for public works as defined in RCW
39.04.010.
(8) "Job order contractor" means a registered or licensed
contractor awarded a job order contract.
(9) "Maximum allowable construction cost" means the
maximum cost of the work to construct the project including
a percentage for risk contingency, negotiated support services, and approved change orders.
(10) "Negotiated support services" means items a general contractor would normally manage or perform on a construction project including, but not limited to surveying,
hoisting, safety enforcement, provision of toilet facilities,
temporary heat, cleanup, and trash removal.
(11) "Percent fee" means the percentage amount to be
earned by the general contractor/construction manager as
overhead and profit.
(12) "Public body" means any general or special purpose
government, including but not limited to state agencies, institutions of higher education, counties, cities, towns, ports,
school districts, and special purpose districts, provided that
for the 2009-2011 fiscal biennium, the definition of public
body for this chapter does not include public bodies funded in
section 1012, chapter 36, Laws of 2010 1st sp. sess. if alternative requirements or procedures of federal law or regulations are authorized.
(13) "Public works project" means any work for a public
body within the definition of "public work" in RCW
39.04.010.
(14) "Total contract cost" means the fixed amount for the
detailed specified general conditions work, the negotiated
maximum allowable construction cost, and the percent fee on
the negotiated maximum allowable construction cost.
(15) "Total project cost" means the cost of the project
less financing and land acquisition costs.
(16) "Unit price book" means a book containing specific
prices, based on generally accepted industry standards and
information, where available, for various items of work to be
performed by the job order contractor. The prices may
include: All the costs of materials; labor; equipment; overhead, including bonding costs; and profit for performing the
items of work. The unit prices for labor must be at the rates
in effect at the time the individual work order is issued.
(17) "Work order" means an order issued for a definite
scope of work to be performed pursuant to a job order contract. [2010 1st sp.s. c 36 § 6014; 2007 c 494 § 101; 2005 c
(2010 Ed.)
39.10.220
469 § 3. Prior: 2003 c 352 § 1; 2003 c 301 § 2; 2003 c 300 §
3; 2001 c 328 § 1; 2000 c 209 § 1; 1997 c 376 § 1; 1994 c 132
§ 2. Formerly RCW 39.10.020.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Sunset Act application: See note following chapter digest.
Effective date—2010 1st sp.s. c 36: See note following RCW
43.155.050.
Effective date—2001 c 328: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 328 § 8.]
Additional notes found at www.leg.wa.gov
39.10.220 Board—Membership—Vacancies. (1) The
board is created in the department of general administration
to provide an evaluation of public capital projects construction processes, including the impact of contracting methods
on project outcomes, and to advise the legislature on policies
related to public works delivery methods.
(2)(a) The board shall consist of the following members
appointed by the governor: Two representatives from construction general contracting; one representative from the
architectural profession; one representative from the engineering profession; two representatives from construction
specialty subcontracting; two representatives from construction trades labor organizations; one representative from the
office of minority and women’s business enterprises; one
representative from a higher education institution; one representative from the department of general administration; two
representatives from private industry; and one representative
of a domestic insurer authorized to write surety bonds for
contractors in Washington state. All appointed members
must be knowledgeable about public works contracting procedures.
(b) Three members shall be positions representing different local public owners, selected by the association of Washington cities, the Washington state association of counties,
and the Washington public ports association, respectively.
(c) One member shall be a representative from the public
hospital districts, selected by the association of Washington
public hospital districts.
(d) One member shall be a representative from school
districts, selected by the Washington state school directors’
association.
(e) The board shall include two members of the house of
representatives, one from each major caucus, appointed by
the speaker of the house of representatives, and two members
of the senate, one from each major caucus, appointed by the
president of the senate. Legislative members are nonvoting.
(3) Members selected under subsection (2)(a) of this section shall serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term.
(4) The board chair is selected from among the appointed
members by the majority vote of the voting members.
(5) Legislative members of the board shall be reimbursed
for travel expenses in accordance with RCW 44.04.120.
Nonlegislative members of the board, project review committee members, and subcommittee chairs shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060.
39.10.220
[Title 39 RCW—page 17]
39.10.230
Title 39 RCW: Public Contracts and Indebtedness
(6) If a vacancy occurs of the appointive members of the
board, the governor shall fill the vacancy for the unexpired
term. Members of the board may be removed for malfeasance or misfeasance in office, upon specific written charges
by the governor, under chapter 34.05 RCW.
(7) The board shall meet as often as necessary.
(8) Board members are expected to consistently attend
board meetings. The chair of the board may ask the governor
to remove any member who misses more than two meetings
in any calendar year without cause.
(9) The department of general administration shall provide staff support as may be required for the proper discharge
of the function of the board.
(10) The board may establish subcommittees as it desires
and may invite nonmembers of the board to serve as committee members.
(11) The board shall encourage participation from persons and entities not represented on the board. [2007 c 494 §
102; 2005 c 377 § 1. Formerly RCW 39.10.800.]
Sunset Act application: See note following chapter digest.
39.10.230 Board—Powers and duties. The board has
the following powers and duties:
(1) Develop and recommend to the legislature policies to
further enhance the quality, efficiency, and accountability of
capital construction projects through the use of traditional
and alternative delivery methods in Washington, and make
recommendations regarding expansion, continuation, elimination, or modification of the alternative public works contracting methods;
(2) Evaluate the use of existing contracting procedures
and the potential future use of other alternative contracting
procedures including competitive negotiation contracts;
(3) Submit recommendations to the appropriate committees of the legislature evaluating alternative contracting procedures that are not authorized under this chapter;
(4) Appoint members of the committee; and
(5) Develop and administer questionnaires designed to
provide quantitative and qualitative data on alternative public
works contracting procedures on which evaluations are
based. [2010 1st sp.s. c 21 § 3; 2009 c 75 § 1; 2007 c 494 §
103; 2005 c 377 § 2. Formerly RCW 39.10.810.]
39.10.230
Sunset Act application: See note following chapter digest.
Intent—2010 1st sp.s. c 21: See note following RCW 39.10.200.
39.10.240 Project review committee—Creation—
Members. (1) The board shall establish a project review
committee to review and approve public works projects using
the design-build and general contractor/construction manager
contracting procedures authorized in RCW 39.10.300 and
39.10.340 and to certify public bodies as provided in RCW
39.10.270.
(2) The board shall, by a majority vote of the board,
appoint persons to the committee who are knowledgeable in
the use of the design-build and general contractor/construction manager contracting procedures. Appointments must
represent a balance among the industries and public owners
on the board listed in RCW 39.10.220.
(a) When making initial appointments to the committee,
the board shall consider for appointment former members of
39.10.240
[Title 39 RCW—page 18]
the school district project review board and the public hospital district project review board.
(b) Each member of the committee shall be appointed for
a term of three years. However, for initial appointments, the
board shall stagger the appointment of committee members
so that the first members are appointed to serve terms of one,
two, or three years from the date of appointment. Appointees
may be reappointed to serve more than one term.
(c) The committee shall, by a majority vote, elect a chair
and vice-chair for the committee.
(d) The committee chair may select a person or persons
on a temporary basis as a nonvoting member if project specific expertise is needed to assist in a review.
(3) The chair of the committee, in consultation with the
vice-chair, may appoint one or more panels of at least six
committee members to carry out the duties of the committee.
Each panel shall have balanced representation of the private
and public sector representatives serving on the committee.
(4) Any member of the committee directly or indirectly
affiliated with a submittal before the committee must recuse
himself or herself from the committee consideration of that
submittal.
(5) Any person who sits on the committee or panel is not
precluded from subsequently bidding on or participating in
projects that have been reviewed by the committee.
(6) The committee shall meet as often as necessary to
ensure that certification and approvals are completed in a
timely manner. [2007 c 494 § 104.]
Sunset Act application: See note following chapter digest.
39.10.250 Project review committee—Duties. The
committee shall:
(1) Certify, or recertify, public bodies for a period of
three years to use the design-build or general contractor/construction manager, or both, contracting procedures for
projects with a total project cost of ten million dollars or
more;
(2) Review and approve the use of the design-build or
general contractor/construction manager contracting procedures on a project by project basis for public bodies that are
not certified under RCW 39.10.270;
(3) Review and approve the use of the general contractor/construction manager contracting procedure by certified
public bodies for projects with a total project cost under ten
million dollars;
(4) Review and approve not more than ten projects using
the design-build contracting procedure by certified and noncertified public bodies for projects that have a total project
cost between two million and ten million dollars. Projects
must meet the criteria in RCW 39.10.300(1). Where possible, the committee shall approve projects among multiple
public bodies. In June 2010, the committee shall report to the
board regarding the committee’s review procedure of these
projects and its recommendations for further use; and
(5) Review and approve not more than two design-build
demonstration projects that include procurement of operations and maintenance services for a period longer than three
years. [2009 c 75 § 2; 2007 c 494 § 105.]
39.10.250
Sunset Act application: See note following chapter digest.
(2010 Ed.)
Alternative Public Works Contracting Procedures
39.10.260 Project review committee—Meetings—
Open and public. (1) The committee shall hold regular public meetings to carry out its duties as described in RCW
39.10.250. Committee meetings are subject to chapter 42.30
RCW.
(2) The committee shall publish notice of its public
meetings at least twenty days before the meeting in a legal
newspaper circulated in the area where the public body seeking certification is located, or where each of the proposed
projects under consideration will be constructed. All meeting
notices must be posted on the committee’s web site.
(3) The meeting notice must identify the public body that
is seeking certification or project approval, and where applicable, a description of projects to be considered at the meeting. The notice must indicate when, where, and how the public may present comments regarding the committee’s certification of a public body or approval of a project. Information
submitted by a public body to be reviewed at the meeting
shall be available on the committee’s web site at the time the
notice is published.
(4) The committee must allow for public comment on the
appropriateness of certification of a public body or on the
appropriateness of the use of the proposed contracting procedure and the qualifications of a public body to use the contracting procedure. The committee shall receive and record
both written and oral comments at the public hearing. [2007
c 494 § 106.]
39.10.260
Sunset Act application: See note following chapter digest.
39.10.270 Project review committee—Certification
of public bodies. (1) A public body may apply for certification to use the design-build or general contractor/construction
manager contracting procedure, or both. Once certified, a
public body may use the contracting procedure for which it is
certified on individual projects with a total project cost over
ten million dollars without seeking committee approval. The
certification period is three years. A public body seeking certification must submit to the committee an application in a
format and manner as prescribed by the committee. The
application must include a description of the public body’s
qualifications, its capital plan during the certification period,
and its intended use of alternative contracting procedures.
(2) A public body seeking certification for the designbuild procedure must demonstrate successful management of
at least one design-build project within the previous five
years. A public body seeking certification for the general
contractor/construction manager procedure must demonstrate successful management of at least one general contractor/construction manager project within the previous five
years.
(3) To certify a public body, the committee shall determine that the public body:
(a) Has the necessary experience and qualifications to
determine which projects are appropriate for using alternative
contracting procedures;
(b) Has the necessary experience and qualifications to
carry out the alternative contracting procedure including, but
not limited to: (i) Project delivery knowledge and experience; (ii) personnel with appropriate construction experience;
(iii) a management plan and rationale for its alternative public works projects; (iv) demonstrated success in managing
39.10.270
(2010 Ed.)
39.10.280
public works projects; (v) the ability to properly manage its
capital facilities plan including, but not limited to, appropriate project planning and budgeting experience; and (vi) the
ability to meet requirements of this chapter; and
(c) Has resolved any audit findings on previous public
works projects in a manner satisfactory to the committee.
(4) The committee shall, if practicable, make its determination at the public meeting during which an application for
certification is reviewed. Public comments must be considered before a determination is made. Within ten business
days of the public meeting, the committee shall provide a
written determination to the public body, and make its determination available to the public on the committee’s web site.
(5) The committee may revoke any public body’s certification upon a finding, after a public hearing, that its use of
design-build or general contractor/construction manager contracting procedures no longer serves the public interest.
(6) The committee may renew the certification of a public body for one additional three-year period. The public
body must submit an application for recertification at least
three months before the initial certification expires. The
application shall include updated information on the public
body’s capital plan for the next three years, its intended use of
the procedures, and any other information requested by the
committee. The committee must review the application for
recertification at a meeting held before expiration of the
applicant’s initial certification period. A public body must
reapply for certification under the process described in subsection (1) of this section once the period of recertification
expires.
(7) Certified public bodies must submit project data
information as required in RCW 39.10.320 and 39.10.350.
[2009 c 75 § 3; 2007 c 494 § 107.]
Sunset Act application: See note following chapter digest.
39.10.280 Project review committee—Project
approval process. (1) A public body not certified under
RCW 39.10.270 must apply for approval from the committee
to use the design-build or general contractor/construction
manager contracting procedure on a project. A public body
seeking approval must submit to the committee an application in a format and manner as prescribed by the committee.
The application must include a description of the public
body’s qualifications, a description of the project, and its
intended use of alternative contracting procedures.
(2) To approve a proposed project, the committee shall
determine that:
(a) The alternative contracting procedure will provide a
substantial fiscal benefit or the use of the traditional method
of awarding contracts in lump sum to the low responsive bidder is not practical for meeting desired quality standards or
delivery schedules;
(b) The proposed project meets the requirements for
using the alternative contracting procedure as described in
RCW 39.10.300 or 39.10.340;
(c) The public body has the necessary experience or
qualified team to carry out the alternative contracting procedure including, but not limited to: (i) Project delivery knowledge and experience; (ii) sufficient personnel with construction experience to administer the contract; (iii) a written man39.10.280
[Title 39 RCW—page 19]
39.10.290
Title 39 RCW: Public Contracts and Indebtedness
agement plan that shows clear and logical lines of authority;
(iv) the necessary and appropriate funding and time to properly manage the job and complete the project; (v) continuity
of project management team, including personnel with experience managing projects of similar scope and size to the
project being proposed; and (vi) necessary and appropriate
construction budget;
(d) For design-build projects, construction personnel
independent of the design-build team are knowledgeable in
the design-build process and are able to oversee and administer the contract; and
(e) The public body has resolved any audit findings
related to previous public works projects in a manner satisfactory to the committee.
(3) The committee shall, if practicable, make its determination at the public meeting during which a submittal is
reviewed. Public comments must be considered before a
determination is made.
(4) Within ten business days after the public meeting, the
committee shall provide a written determination to the public
body, and make its determination available to the public on
the committee’s web site. If the committee fails to make a
written determination within ten business days of the public
meeting, the request of the public body to use the alternative
contracting procedure on the requested project shall be
deemed approved.
(5) The requirements of subsection (1) of this section
also apply to certified public bodies seeking to use the general contractor/construction manager contracting procedure
on projects with a total project cost of less than ten million
dollars.
(6) Failure of the committee to meet within sixty calendar days of a public body’s application to use an alternative
contracting procedure on a project shall be deemed an
approval of the application. [2007 c 494 § 108.]
Sunset Act application: See note following chapter digest.
39.10.290 Appeal process. Final determinations by the
committee may be appealed to the board within seven days
by the public body or by an interested party. A written notice
of an appeal must be provided to the committee and, as applicable, to the public body. The board shall resolve an appeal
within forty-five days of receipt of the appeal and shall send
a written determination of its decision to the party making the
appeal and to the appropriate public body, as applicable. The
public body shall comply with the determination of the board.
[2007 c 494 § 109.]
39.10.290
Sunset Act application: See note following chapter digest.
39.10.300 Design-build procedure—Uses. (1) Subject
to the process in RCW 39.10.270 or 39.10.280, public bodies
may utilize the design-build procedure for public works
projects in which the total project cost is over ten million dollars and where:
(a) The design and construction activities, technologies,
or schedule to be used are highly specialized and a designbuild approach is critical in developing the construction
methodology or implementing the proposed technology; or
(b) The project design is repetitive in nature and is an
incidental part of the installation or construction; or
39.10.300
[Title 39 RCW—page 20]
(c) Regular interaction with and feedback from facilities
users and operators during design is not critical to an effective facility design.
(2) Subject to the process in RCW 39.10.270 or
39.10.280, public bodies may use the design-build procedure
for parking garages, regardless of cost.
(3) The design-build procedure may be used for the construction or erection of preengineered metal buildings or prefabricated modular buildings, regardless of cost and is not
subject to approval by the committee.
(4) Except for utility projects and approved demonstration projects, the design-build procedure may not be used to
procure operations and maintenance services for a period
longer than three years. State agency projects that propose to
use the design-build-operate-maintain procedure shall submit
cost estimates for the construction portion of the project consistent with the office of financial management’s capital budget requirements. Operations and maintenance costs must be
shown separately and must not be included as part of the capital budget request.
(5) Subject to the process in RCW 39.10.280, public
bodies may use the design-build procedure for public works
projects in which the total project cost is between two million
and ten million dollars and that meet one of the criteria in
subsection (1)(a), (b), or (c) of this section.
(6) Subject to the process in RCW 39.10.280, a public
body may seek committee approval for a design-build demonstration project that includes procurement of operations
and maintenance services for a period longer than three years.
[2009 c 75 § 4; 2007 c 494 § 201. Prior: 2003 c 352 § 2; 2003
c 300 § 4; 2002 c 46 § 1; 2001 c 328 § 2. Formerly RCW
39.10.051.]
Sunset Act application: See note following chapter digest.
Effective date—2002 c 46: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 46 § 5.]
Effective date—2001 c 328: See note following RCW 39.10.210.
39.10.320 Design-build procedure—Project management and contracting requirements. (1) A public body utilizing the design-build contracting procedure shall provide
for:
(a) Reasonable budget contingencies totaling not less
than five percent of the anticipated contract value;
(b) Employment of staff or consultants with expertise
and prior experience in the management of comparable
projects;
(c) Contract documents that include alternative dispute
resolution procedures to be attempted prior to the initiation of
litigation;
(d) Submission of project information, as required by the
board; and
(e) Contract documents that require the contractor, subcontractors, and designers to submit project information
required by the board.
(2) A public body utilizing the design-build contracting
procedure may provide incentive payments to contractors for
early completion, cost savings, or other goals if such payments are identified in the request for proposals. [2007 c 494
§ 203; 1994 c 132 § 7. Formerly RCW 39.10.070.]
39.10.320
(2010 Ed.)
Alternative Public Works Contracting Procedures
Sunset Act application: See note following chapter digest.
39.10.330 Design-build contract award process. (1)
Contracts for design-build services shall be awarded through
a competitive process using public solicitation of proposals
for design-build services. The public body shall publish at
least once in a legal newspaper of general circulation published in, or as near as possible to, that part of the county in
which the public work will be done, a notice of its request for
qualifications from proposers for design-build services, and
the availability and location of the request for proposal documents. The request for qualifications documents shall
include:
(a) A general description of the project that provides sufficient information for proposers to submit qualifications;
(b) The reasons for using the design-build procedure;
(c) A description of the qualifications to be required of
the proposer including, but not limited to, submission of the
proposer’s accident prevention program;
(d) A description of the process the public body will use
to evaluate qualifications and finalists’ proposals, including
evaluation factors and the relative weight of factors and any
specific forms to be used by the proposers;
(i) Evaluation factors for request for qualifications shall
include, but not be limited to, technical qualifications, such as
specialized experience and technical competence; capability
to perform; past performance of the proposers’ team, including the architect-engineer and construction members; and
other appropriate factors. Cost or price-related factors are not
permitted in the request for qualifications phase;
(ii) Evaluation factors for finalists’ proposals shall
include, but not be limited to, the factors listed in (d)(i) of this
subsection, as well as technical approach design concept;
proposal price; ability of professional personnel; past performance on similar projects; ability to meet time and budget
requirements; ability to provide a performance and payment
bond for the project; recent, current, and projected workloads
of the firm; and location. Alternatively, if the public body
determines that all finalists will be capable of producing a
design that adequately meets project requirements, the public
body may award the contract to the firm that submits the
responsive proposal with the lowest price;
(e) The form of the contract to be awarded;
(f) The amount to be paid to finalists submitting responsive proposals and who are not awarded a design-build contract;
(g) The schedule for the procurement process and the
project; and
(h) Other information relevant to the project.
(2) The public body shall establish an evaluation committee to evaluate the responses to the request for qualifications based on the factors, weighting, and process identified
in the request for qualifications. Based on the evaluation
committee’s findings, the public body shall select not more
than five responsive and responsible finalists to submit proposals. The public body may, in its sole discretion, reject all
proposals and shall provide its reasons for rejection in writing
to all proposers.
(3) Upon selection of the finalists, the public body shall
issue a request for proposals to the finalists, which shall provide the following information:
39.10.330
(2010 Ed.)
39.10.340
(a) A detailed description of the project including programmatic, performance, and technical requirements and
specifications; functional and operational elements; minimum and maximum net and gross areas of any building; and,
at the discretion of the public body, preliminary engineering
and architectural drawings; and
(b) The target budget for the design-build portion of the
project.
(4) The public body shall establish an evaluation committee to evaluate the proposals submitted by the finalists.
Design-build contracts shall be awarded using the procedures
in (a) or (b) of this subsection. The public body must identify
in the request for qualifications which procedure will be used.
(a) The finalists’ proposals shall be evaluated and scored
based on the factors, weighting, and process identified in the
initial request for qualifications and in any addenda published
by the public body. Public bodies may request best and final
proposals from finalists. The public body shall initiate negotiations with the firm submitting the highest scored proposal.
If the public body is unable to execute a contract with the firm
submitting the highest scored proposal, negotiations with that
firm may be suspended or terminated and the public body
may proceed to negotiate with the next highest scored firm.
Public bodies shall continue in accordance with this procedure until a contract agreement is reached or the selection
process is terminated.
(b) If the public body determines that all finalists are
capable of producing a design that adequately meets project
requirements, the public body may award the contract to the
firm that submits the responsive proposal with the lowest
price.
(5) The firm awarded the contract shall provide a performance and payment bond for the contracted amount. The
public body shall provide appropriate honorarium payments
to finalists submitting responsive proposals that are not
awarded a design-build contract. Honorarium payments shall
be sufficient to generate meaningful competition among
potential proposers on design-build projects. In determining
the amount of the honorarium, the public body shall consider
the level of effort required to meet the selection criteria.
[2009 c 75 § 5; 2007 c 494 § 204.]
Sunset Act application: See note following chapter digest.
39.10.340 General contractor/construction manager
procedure—Uses. Subject to the process in RCW 39.10.270
or 39.10.280, public bodies may utilize the general contractor/construction manager procedure for public works projects
where:
(1) Implementation of the project involves complex
scheduling, phasing, or coordination;
(2) The project involves construction at an occupied
facility which must continue to operate during construction;
(3) The involvement of the general contractor/construction manager during the design stage is critical to the success
of the project;
(4) The project encompasses a complex or technical
work environment; or
(5) The project requires specialized work on a building
that has historic significance. [2007 c 494 § 301. Prior: 2003
39.10.340
[Title 39 RCW—page 21]
39.10.350
Title 39 RCW: Public Contracts and Indebtedness
c 352 § 3; 2003 c 300 § 5; 2002 c 46 § 2; 2001 c 328 § 3. Formerly RCW 39.10.061.]
Sunset Act application: See note following chapter digest.
Effective date—2002 c 46: See note following RCW 39.10.300.
Effective date—2001 c 328: See note following RCW 39.10.210.
39.10.350 General contractor/construction manager
procedure—Project management and contracting
requirements. (1) A public body using the general contractor/construction manager contracting procedure shall provide
for:
(a) The preparation of appropriate, complete, and coordinated design documents;
(b) Confirmation that a constructability analysis of the
design documents has been performed prior to solicitation of
a subcontract bid package;
(c) Reasonable budget contingencies totaling not less
than five percent of the anticipated contract value;
(d) To the extent appropriate, on-site architectural or
engineering representatives during major construction or
installation phases;
(e) Employment of staff or consultants with expertise
and prior experience in the management of comparable
projects, critical path method schedule review and analysis,
and the administration, pricing, and negotiation of change
orders;
(f) Contract documents that include alternative dispute
resolution procedures to be attempted before the initiation of
litigation;
(g) Contract documents that: (i) Obligate the public
owner to accept or reject a request for equitable adjustment,
change order, or claim within a specified time period but no
later than sixty calendar days after the receipt by the public
body of related documentation; and (ii) provide that if the
public owner does not respond in writing to a request for
equitable adjustment, change order, or claim within the specified time period, the request is deemed denied;
(h) Submission of project information, as required by the
board; and
(i) Contract documents that require the contractor, subcontractors, and designers to submit project information
required by the board.
(2) A public body using the general contractor/construction manager contracting procedure may include an incentive
clause for early completion, cost savings, or other performance goals if such incentives are identified in the request for
proposals. No incentives granted may exceed five percent of
the maximum allowable construction cost. No incentives
may be paid from any contingency fund established for coordination of the construction documents or coordination of the
work.
(3) If the construction is completed for less than the maximum allowable construction cost, any savings not otherwise
negotiated as part of an incentive clause shall accrue to the
public body. If the construction is completed for more than
the maximum allowable construction cost, the additional cost
is the responsibility of the general contractor/construction
manager.
(4) If the public body and the general contractor/construction manager agree, in writing, on a price for additional
39.10.350
[Title 39 RCW—page 22]
work, the public body must issue a change order within thirty
days of the written agreement. If the public body does not
issue a change order within the thirty days, interest shall
accrue on the dollar amount of the additional work satisfactorily completed until a change order is issued. The public
body shall pay this interest at a rate of one percent per month.
[2007 c 494 § 302.]
Sunset Act application: See note following chapter digest.
39.10.360 General contractor/construction manager
procedure—Contract award process. (1) Public bodies
should select general contractor/construction managers early
in the life of public works projects, and in most situations no
later than the completion of schematic design.
(2) Contracts for the services of a general contractor/
construction manager under this section shall be awarded
through a competitive process requiring the public solicitation of proposals for general contractor/construction manager
services. The public solicitation of proposals shall include:
(a) A description of the project, including programmatic,
performance, and technical requirements and specifications
when available;
(b) The reasons for using the general contractor/construction manager procedure;
(c) A description of the qualifications to be required of
the firm, including submission of the firm’s accident prevention program;
(d) A description of the process the public body will use
to evaluate qualifications and proposals, including evaluation
factors and the relative weight of factors;
(e) The form of the contract, including any contract for
preconstruction services, to be awarded;
(f) The estimated maximum allowable construction cost;
and
(g) The bid instructions to be used by the general contractor/ construction manager finalists.
(3) Evaluation factors for selection of the general contractor/construction manager shall include, but not be limited
to:
(a) Ability of the firm’s professional personnel;
(b) The firm’s past performance in negotiated and complex projects;
(c) The firm’s ability to meet time and budget requirements;
(d) The scope of work the firm proposes to self-perform
and its ability to perform that work;
(e) The firm’s proximity to the project location;
(f) Recent, current, and projected workloads of the firm;
and
(g) The firm’s approach to executing the project.
(4) A public body shall establish a committee to evaluate
the proposals. After the committee has selected the most
qualified finalists, at the time specified by the public body,
these finalists shall submit final proposals, including sealed
bids for the percent fee on the estimated maximum allowable
construction cost and the fixed amount for the general conditions work specified in the request for proposal. The public
body shall establish a time and place for the opening of sealed
bids for the percent fee on the estimated maximum allowable
construction cost and the fixed amount for the general condi39.10.360
(2010 Ed.)
Alternative Public Works Contracting Procedures
tions work specified in the request for proposal. At the time
and place named, these bids must be publicly opened and
read and the public body shall make all previous scoring
available to the public. The public body shall select the firm
submitting the highest scored final proposal using the evaluation factors and the relative weight of factors published in
the public solicitation of proposals. A public body shall not
evaluate or disqualify a proposal based on the terms of a collective bargaining agreement.
(5) Public bodies may contract with the selected firm to
provide services during the design phase that may include
life-cycle cost design considerations, value engineering,
scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work,
and to act as the construction manager and general contractor
during the construction phase. [2009 c 75 § 6; 2007 c 494 §
303.]
Sunset Act application: See note following chapter digest.
39.10.370 General contractor/construction manager
procedure—Maximum allowable construction cost. (1)
The maximum allowable construction cost shall be used to
establish a total contract cost for which the general contractor/construction manager shall provide a performance and
payment bond. The maximum allowable construction cost
shall be negotiated between the public body and the selected
firm when the construction documents and specifications are
at least ninety percent complete.
(2) Major bid packages may be bid in accordance with
RCW 39.10.380 before agreement on the maximum allowable construction cost between the public body and the
selected general contractor/construction manager. The general contractor/construction manager may issue an intent to
award to the responsible bidder submitting the lowest responsive bid.
(3) The public body may, at its option, authorize the general contractor/construction manager to proceed with the bidding and award of bid packages and construction before
receipt of complete project plans and specifications. Any
contracts awarded under this subsection shall be incorporated
in the negotiated maximum allowable construction cost.
(4) The total contract cost includes the fixed amount for
the detailed specified general conditions work, the negotiated
maximum allowable construction cost, the negotiated support
services, and the percent fee on the negotiated maximum
allowable construction cost. Negotiated support services
may be included in the specified general conditions at the discretion of the public body.
(5) If the public body is unable to negotiate a satisfactory
maximum allowable construction cost with the firm selected
that the public body determines to be fair, reasonable, and
within the available funds, negotiations with that firm shall
be formally terminated and the public body shall negotiate
with the next highest scored firm and continue until an agreement is reached or the process is terminated.
(6) If the maximum allowable construction cost varies
more than fifteen percent from the bid estimated maximum
allowable construction cost due to requested and approved
changes in the scope by the public body, the percent fee shall
be renegotiated. [2007 c 494 § 304.]
39.10.370
(2010 Ed.)
39.10.380
Sunset Act application: See note following chapter digest.
39.10.380 General contractor/construction manager
procedure—Subcontract bidding procedure. (1) All subcontract work and equipment and material purchases shall be
competitively bid with public bid openings. Subcontract bid
packages and equipment and materials purchases shall be
awarded to the responsible bidder submitting the lowest
responsive bid. In preparing subcontract bid packages, the
general contractor/construction manager shall not be required
to violate or waive terms of a collective bargaining agreement.
(2) All subcontract bid packages in which bidder eligibility was not determined in advance shall include the specific
objective criteria that will be used by the general contractor/construction manager and the public body to evaluate bidder responsibility. If the lowest bidder submitting a responsive bid is determined by the general contractor/construction
manager and the public body not to be responsible, the general contractor/construction manager and the public body
must provide written documentation to that bidder explaining
their intent to reject the bidder as not responsible and afford
the bidder the opportunity to establish that it is a responsible
bidder. Responsibility shall be determined in accordance
with criteria listed in the bid documents. Protests concerning
bidder responsibility determination by the general contractor/construction manager and the public body shall be in
accordance with subsection (4) of this section.
(3) All subcontractors who bid work over three hundred
thousand dollars shall post a bid bond. All subcontractors
who are awarded a contract over three hundred thousand dollars shall provide a performance and payment bond for the
contract amount. All other subcontractors shall provide a
performance and payment bond if required by the general
contractor/construction manager.
(4) If the general contractor/construction manager
receives a written protest from a subcontractor bidder or an
equipment or material supplier, the general contractor/construction manager shall not execute a contract for the subcontract bid package or equipment or material purchase order
with anyone other than the protesting bidder without first
providing at least two full business days’ written notice to all
bidders of the intent to execute a contract for the subcontract
bid package. The protesting bidder must submit written
notice of its protest no later than two full business days following the bid opening. Intermediate Saturdays, Sundays,
and legal holidays are not counted.
(5) A low bidder who claims error and fails to enter into
a contract is prohibited from bidding on the same project if a
second or subsequent call for bids is made for the project.
(6) The general contractor/construction manager may
negotiate with the lowest responsible and responsive bidder
to negotiate an adjustment to the lowest bid or proposal price
based upon agreed changes to the contract plans and specifications under the following conditions:
(a) All responsive bids or proposal prices exceed the
available funds, as certified by an appropriate fiscal officer;
(b) The apparent low responsive bid or proposal does not
exceed the available funds by the greater of one hundred
twenty-five thousand dollars or two percent for projects valued over ten million dollars; and
39.10.380
[Title 39 RCW—page 23]
39.10.385
Title 39 RCW: Public Contracts and Indebtedness
(c) The negotiated adjustment will bring the bid or proposal price within the amount of available funds.
(7) If the negotiation is unsuccessful, the subcontract
work or equipment or material purchases must be rebid.
(8) The general contractor/construction manager must
provide a written explanation if all bids are rejected. [2007 c
494 § 305.]
Sunset Act application: See note following chapter digest.
39.10.385
39.10.385 General contractor/construction manager
procedure—Alternative subcontractor selection process.
As an alternative to the subcontractor selection process outlined in RCW 39.10.380, a general contractor/construction
manager may, with the approval of the public body, select a
mechanical subcontractor, an electrical subcontractor, or
both, using the process outlined in this section. This alternative selection process may only be used when the anticipated
value of the subcontract will exceed three million dollars.
When using the alternative selection process, the general contractor/construction manager should select the subcontractor
early in the life of the public works project.
(1) In order to use this alternative selection process, the
general contractor/construction manager and the public body
must determine that it is in the best interest of the public. In
making this determination the general contractor/construction manager and the public body must:
(a) Publish a notice of intent to use this alternative selection process in a legal newspaper published in or as near as
possible to that part of the county where the public work will
be constructed. Notice must be published at least fourteen
calendar days before conducting a public hearing. The notice
must include the date, time, and location of the hearing; a
statement justifying the basis and need for the alternative
selection process; and how interested parties may, prior to the
hearing, obtain the evaluation criteria and applicable weight
given to each criteria that will be used for evaluation;
(b) Conduct a hearing and provide an opportunity for any
interested party to submit written and verbal comments
regarding the justification for using this selection process, the
evaluation criteria, and weights for each criteria;
(c) After the public hearing, consider the written and verbal comments received and determine if using this alternative
selection process is in the best interests of the public; and
(d) Issue a written final determination to all interested
parties. All protests of the decision to use the alternative
selection process must be in writing and submitted to the public body within seven calendar days of the final determination. Any modifications to the criteria and weights based on
comments received during the public hearing process must be
included in the final determination.
(2) Contracts for the services of a subcontractor under
this section must be awarded through a competitive process
requiring a public solicitation of proposals. Notice of the
public solicitation of proposals must be provided to the office
of minority and women’s business enterprises. The public
solicitation of proposals must include:
(a) A description of the project, including programmatic,
performance, and technical requirements and specifications
when available;
[Title 39 RCW—page 24]
(b) The reasons for using the alternative selection process;
(c) A description of the minimum qualifications required
of the firm;
(d) A description of the process used to evaluate qualifications and proposals, including evaluation factors and the
relative weight of factors;
(e) The form of the contract, including any contract for
preconstruction services, to be awarded;
(f) The estimated maximum allowable subcontract cost;
and
(g) The bid instructions to be used by the finalists.
(3) Evaluation factors for selection of the subcontractor
must include, but not be limited to:
(a) Ability of the firm’s professional personnel;
(b) The firm’s past performance on similar projects;
(c) The firm’s ability to meet time and budget requirements;
(d) The scope of work the firm proposes to perform with
its own forces and its ability to perform that work;
(e) The firm’s plan for outreach to minority and womenowned businesses;
(f) The firm’s proximity to the project location;
(g) The firm’s capacity to successfully complete the
project;
(h) The firm’s approach to executing the project;
(i) The firm’s approach to safety on the project;
(j) The firm’s safety history; and
(k) If the firm is selected as one of the most qualified
finalists, the firm’s fee and cost proposal.
(4) The general contractor/construction manager shall
establish a committee to evaluate the proposals. At least one
representative from the public body shall serve on the committee. Final proposals, including sealed bids for the percent
fee on the estimated maximum allowable subcontract cost,
and the fixed amount for the subcontract general conditions
work specified in the request for proposal, will be requested
from the most qualified firms. The general contractor/construction manager and the public body shall select the firm
submitting the highest scored final proposal using the evaluation factors and the relative weight of factors identified in
the solicitation of proposals. The scoring of the nonprice factors must be made available at the opening of the fee and cost
proposals. The general contractor/construction manager may
not evaluate or disqualify a proposal based on the terms of a
collective bargaining agreement.
(5) If the general contractor/construction manager is
unable to negotiate a satisfactory maximum allowable subcontract cost with the firm selected deemed by public body
and the general contractor/construction manager to be fair,
reasonable, and within the available funds, negotiations with
that firm must be formally terminated and the general contractor/construction manager may negotiate with the next
highest scored firm until an agreement is reached or the process is terminated.
(6) If the general contractor/construction manager
receives a written protest from a bidder, it may not execute a
contract for the subject work with anyone other than the protesting bidder, without first providing at least two full business days’ written notice to all bidders of the intent to execute
a contract for the subcontract bid package. The protesting
(2010 Ed.)
Alternative Public Works Contracting Procedures
bidder must submit written notice to the general contractor/construction manager of its protest no later than two full
business days following the bid opening.
(7) With the approval of the public body, the general
contractor/construction manager may contract with the
selected firm to provide services during the design phase that
may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing
of work; and to act as the mechanical or electrical subcontractor during the construction phase.
(8) The maximum allowable subcontract cost must be
used to establish a total subcontract cost for purposes of a
performance and payment bond. Total subcontract cost
means the fixed amount for the detailed specified general
conditions work, the negotiated maximum allowable subcontract cost, and the percent fee on the negotiated maximum
allowable subcontract cost. Maximum allowable subcontract
cost means the maximum cost to complete the work specified
for the subcontract, including the estimated cost of work to be
performed by the subcontractor’s own forces, a percentage
for risk contingency, negotiated support services, and
approved change orders. The maximum allowable subcontract cost must be negotiated between the general contractor/construction manager and the selected firm when the construction documents and specifications are at least ninety percent complete. Final agreement on the maximum allowable
subcontract cost is subject to the approval of the public body.
(9) If the work of the mechanical contractor or electrical
contractor is completed for less than the maximum allowable
subcontract cost, any savings not otherwise negotiated as part
of an incentive clause becomes part of the risk contingency
included in the general contractor/construction manager’s
maximum allowable construction cost. If the work of the
mechanical contractor or the electrical contractor is completed for more than the maximum allowable subcontract
cost, the additional cost is the responsibility of that subcontractor. An independent audit, paid for by the public body,
must be conducted upon completion of the contract to confirm the proper accrual of costs as outlined in the contract.
(10) A mechanical or electrical contractor selected under
this section may perform work with its own forces. In the
event it elects to subcontract some of its work, it must select
a subcontractor utilizing the procedure outlined in RCW
39.10.380. [2010 c 163 § 1.]
39.10.390 General contractor/construction manager
procedure—Subcontract work. (1) Except as provided in
this section, bidding on subcontract work or for the supply of
equipment or materials by the general contractor/construction manager or its subsidiaries is prohibited.
(2) The general contractor/construction manager, or its
subsidiaries, may bid on subcontract work or for the supply
of equipment or materials if:
(a) The work within the subcontract bid package or
equipment or materials is customarily performed or supplied
by the general contractor/construction manager;
(b) The bid opening is managed by the public body and
is in compliance with RCW 39.10.380; and
(c) Notification of the general contractor/construction
manager’s intention to bid is included in the public solicita39.10.390
(2010 Ed.)
39.10.400
tion of bids for the bid package or for the equipment or materials.
(3) In no event may the general contractor/construction
manager or its subsidiaries purchase equipment or materials
for assignment to subcontract bid package bidders for installation or warranty. The value of subcontract work performed
and equipment and materials supplied by the general contractor/construction manager may not exceed thirty percent of the
negotiated maximum allowable construction cost. Negotiated support services performed by the general contractor/construction manager shall not be considered subcontract
work for purposes of this subsection. [2007 c 494 § 306.]
Sunset Act application: See note following chapter digest.
39.10.400 General contractor/construction manager
procedure—Prebid determination of subcontractor eligibility. (1) If determination of subcontractor eligibility prior
to seeking bids is in the best interest of the project and critical
to the successful completion of a subcontract bid package, the
general contractor/construction manager and the public body
may determine subcontractor eligibility to bid. The general
contractor/construction manager and the public body must:
(a) Conduct a hearing and provide an opportunity for any
interested party to submit written and verbal comments
regarding the justification for conducting bidder eligibility,
the evaluation criteria, and weights for each criteria and subcriteria;
(b) Publish a notice of intent to evaluate and determine
bidder eligibility in a legal newspaper published in or as near
as possible to that part of the county where the public work
will be constructed at least fourteen calendar days before conducting a public hearing;
(c) Ensure the public hearing notice includes the date,
time, and location of the hearing, a statement justifying the
basis and need for performing eligibility analysis before bid
opening, and specific eligibility criteria and applicable
weights given to each criteria and subcriteria that will be used
during evaluation;
(d) After the public hearing, consider written and verbal
comments received and determine if establishing bidder eligibility in advance of seeking bids is in the best interests of
the project and critical to the successful completion of a subcontract bid package; and
(e) Issue a written final determination to all interested
parties. All protests of the decision to establish bidder eligibility before issuing a subcontractor bid package must be
filed with the superior court within seven calendar days of the
final determination. Any modifications to the eligibility criteria and weights shall be based on comments received during the public hearing process and shall be included in the
final determination.
(2) Determinations of bidder eligibility shall be in accordance with the evaluation criteria and weights for each criteria established in the final determination and shall be provided to interested persons upon request. Any potential bidder determined not to meet eligibility criteria must be
afforded the opportunity to establish its eligibility. Protests
concerning bidder eligibility determinations shall be in accordance with subsection (1) of this section. [2007 c 494 § 307.]
39.10.400
Sunset Act application: See note following chapter digest.
[Title 39 RCW—page 25]
39.10.410
Title 39 RCW: Public Contracts and Indebtedness
39.10.410 General contractor/construction manager
procedure—Subcontract agreements. Subcontract agreements used by the general contractor/construction manager
shall not:
(1) Delegate, restrict, or assign the general contractor/construction manager’s implied duty not to hinder or
delay the subcontractor. Nothing in this subsection (1) prohibits the general contractor/construction manager from
requiring subcontractors not to hinder or delay the work of
the general contractor/construction manager or other subcontractors and to hold subcontractors responsible for such damages;
(2) Delegate, restrict, or assign the general contractor/construction manager’s authority to resolve subcontractor
conflicts. The general contractor/construction manager may
delegate or assign coordination of specific elements of the
work, including: (a) The coordination of shop drawings
among subcontractors; (b) the coordination among subcontractors in ceiling spaces and mechanical rooms; and (c) the
coordination of a subcontractor’s lower tier subcontractors.
Nothing in this subsection prohibits the general contractor/construction manager from imposing a duty on its subcontractors to cooperate with the general contractor/construction manager and other subcontractors in the coordination of
the work;
(3) Restrict the subcontractor’s right to damages for
changes to the construction schedule or work to the extent
that the delay or disruption is caused by the general contractor/construction manager or entities acting for it. The general
contractor/construction manager may require the subcontractor to provide notice that rescheduling or resequencing will
result in delays or additional costs;
(4) Require the subcontractor to bear the cost of trade
damage repair except to the extent the subcontractor is
responsible for the damage. Nothing in this subsection (4)
precludes the general contractor/construction manager from
requiring the subcontractor to take reasonable steps to protect
the subcontractor’s work from trade damage; or
(5) Require the subcontractor to execute progress payment applications that waive claims for additional time or
compensation or bond or retainage rights as a condition of
receipt of progress payment, except to the extent the subcontractor has received or will receive payment. Nothing in this
section precludes the general contractor/construction manager from requiring the subcontractor to provide notice of
claims for additional time or compensation as a condition
precedent to right of recovery or to execute a full and final
release, including a waiver of bond and retainage rights, as a
condition of final payment. [2007 c 494 § 308.]
39.10.410
Sunset Act application: See note following chapter digest.
39.10.420 Job order procedure—Which public bodies may use—Authorized use. (1) The following public
bodies are authorized to use the job order contracting procedure:
(a) The department of general administration;
(b) The University of Washington;
(c) Washington State University;
(d) Every city with a population greater than seventy
thousand and any public authority chartered by such city
under RCW 35.21.730 through 35.21.755;
39.10.420
[Title 39 RCW—page 26]
(e) Every county with a population greater than four hundred fifty thousand;
(f) Every port district with total revenues greater than fifteen million dollars per year;
(g) Every public utility district with revenues from
energy sales greater than twenty-three million dollars per
year;
(h) Every school district; and
(i) The state ferry system.
(2)(a) The department of general administration may
issue job order contract work orders for Washington state
parks department projects.
(b) The department of general administration, the University of Washington, and Washington State University may
issue job order contract work orders for the state regional universities and The Evergreen State College.
(3) Public bodies may use a job order contract for public
works projects when a determination is made that the use of
job order contracts will benefit the public by providing an
effective means of reducing the total lead-time and cost for
the construction of public works projects for repair and renovation required at public facilities through the use of unit
price books and work orders by eliminating time-consuming,
costly aspects of the traditional public works process, which
require separate contracting actions for each small project.
[2009 c 75 § 7; 2007 c 494 § 401; 2003 c 301 § 1. Formerly
RCW 39.10.130.]
Sunset Act application: See note following chapter digest.
39.10.430 Job order procedure—Contract award
process. (1) Job order contracts shall be awarded through a
competitive process using public requests for proposals.
(2) The public body shall make an effort to solicit proposals from certified minority or certified woman-owned
contractors to the extent permitted by the Washington state
civil rights act, RCW 49.60.400.
(3) The public body shall publish, at least once in a statewide publication and legal newspaper of general circulation
published in every county in which the public works project
is anticipated, a request for proposals for job order contracts
and the availability and location of the request for proposal
documents. The public body shall ensure that the request for
proposal documents at a minimum includes:
(a) A detailed description of the scope of the job order
contract including performance, technical requirements and
specifications, functional and operational elements, minimum and maximum work order amounts, duration of the contract, and options to extend the job order contract;
(b) The reasons for using job order contracts;
(c) A description of the qualifications required of the
proposer;
(d) The identity of the specific unit price book to be used;
(e) The minimum contracted amount committed to the
selected job order contractor;
(f) A description of the process the public body will use
to evaluate qualifications and proposals, including evaluation
factors and the relative weight of factors. The public body
shall ensure that evaluation factors include, but are not limited to, proposal price and the ability of the proposer to perform the job order contract. In evaluating the ability of the
39.10.430
(2010 Ed.)
Alternative Public Works Contracting Procedures
proposer to perform the job order contract, the public body
may consider: The ability of the professional personnel who
will work on the job order contract; past performance on similar contracts; ability to meet time and budget requirements;
ability to provide a performance and payment bond for the
job order contract; recent, current, and projected workloads
of the proposer; location; and the concept of the proposal;
(g) The form of the contract to be awarded;
(h) The method for pricing renewals of or extensions to
the job order contract;
(i) A notice that the proposals are subject to RCW
39.10.470; and
(j) Other information relevant to the project.
(4) A public body shall establish a committee to evaluate
the proposals. After the committee has selected the most
qualified finalists, the finalists shall submit final proposals,
including sealed bids based upon the identified unit price
book. Such bids may be in the form of coefficient markups
from listed price book costs. The public body shall award the
contract to the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of
factors published in the public request for proposals and will
notify the board of the award of the contract.
(5) The public body shall provide a protest period of at
least ten business days following the day of the announcement of the apparent successful proposal to allow a protester
to file a detailed statement of the grounds of the protest. The
public body shall promptly make a determination on the merits of the protest and provide to all proposers a written decision of denial or acceptance of the protest. The public body
shall not execute the contract until two business days following the public body’s decision on the protest.
(6) The requirements of RCW 39.30.060 do not apply to
requests for proposals for job order contracts. [2007 c 494 §
402.]
Sunset Act application: See note following chapter digest.
39.10.440 Job order procedure—Contract requirements. (1) The maximum total dollar amount that may be
awarded under a job order contract is four million dollars per
year for a maximum of three years.
(2) Job order contracts may be executed for an initial
contract term of not to exceed two years, with the option of
extending or renewing the job order contract for one year.
All extensions or renewals must be priced as provided in the
request for proposals. The extension or renewal must be
mutually agreed to by the public body and the job order contractor.
(3) A public body may have no more than two job order
contracts in effect at any one time, with the exception of the
department of general administration, which may have four
job order contracts in effect at any one time.
(4) At least ninety percent of work contained in a job
order contract must be subcontracted to entities other than the
job order contractor. The job order contractor must distribute
contracts as equitably as possible among qualified and available subcontractors including minority and woman-owned
subcontractors to the extent permitted by law.
(5) The job order contractor shall publish notification of
intent to perform public works projects at the beginning of
39.10.440
(2010 Ed.)
39.10.450
each contract year in a statewide publication and in a legal
newspaper of general circulation in every county in which the
public works projects are anticipated.
(6) Job order contractors shall pay prevailing wages for
all work that would otherwise be subject to the requirements
of chapter 39.12 RCW. Prevailing wages for all work performed pursuant to each work order must be the rates in
effect at the time the individual work order is issued.
(7) If, in the initial contract term, the public body, at no
fault of the job order contractor, fails to issue the minimum
amount of work orders stated in the public request for proposals, the public body shall pay the contractor an amount equal
to the difference between the minimum work order amount
and the actual total of the work orders issued multiplied by an
appropriate percentage for overhead and profit contained in
the contract award coefficient for services as specified in the
request for proposals. This is the contractor’s sole remedy.
(8) All job order contracts awarded under this section
must be signed before July 1, 2013; however the job order
contract may be extended or renewed as provided for in this
section.
(9) Public bodies may amend job order contracts
awarded prior to July 1, 2007, in accordance with this chapter. [2007 c 494 § 403.]
Sunset Act application: See note following chapter digest.
39.10.450 Job order procedure—Work orders. (1)
The maximum dollar amount for a work order is three hundred fifty thousand dollars. For each job order contract, public bodies shall not issue more than two work orders equal to
or greater than three hundred thousand dollars in a twelvemonth contract period.
(2) All work orders issued for the same project shall be
treated as a single work order for purposes of the dollar limit
on work orders.
(3) No more than twenty percent of the dollar value of a
work order may consist of items of work not contained in the
unit price book.
(4) Any new permanent, enclosed building space constructed under a work order shall not exceed two thousand
gross square feet.
(5) A public body may issue no work orders under a job
order contract until it has approved, in consultation with the
office of minority and women’s business enterprises or the
equivalent local agency, a plan prepared by the job order contractor that equitably spreads certified women and minority
business enterprise subcontracting opportunities, to the
extent permitted by the Washington state civil rights act,
RCW 49.60.400, among the various subcontract disciplines.
(6) For purposes of chapters 39.08, 39.12, 39.76, and
60.28 RCW, each work order issued shall be treated as a separate contract. The alternate filing provisions of RCW
39.12.040(2) apply to each work order that otherwise meets
the eligibility requirements of RCW 39.12.040(2).
(7) The job order contract shall not be used for the procurement of architectural or engineering services not associated with specific work orders. Architectural and engineering services shall be procured in accordance with RCW
39.80.040. [2007 c 494 § 404.]
39.10.450
Sunset Act application: See note following chapter digest.
[Title 39 RCW—page 27]
39.10.460
Title 39 RCW: Public Contracts and Indebtedness
39.10.460 Job order procedure—Required information to board. A public body shall provide to the board the
following information for each job order contract at the end
of each contract year:
(1) A list of work orders issued;
(2) The cost of each work order;
(3) A list of subcontractors hired under each work order;
(4) If requested by the board, a copy of the intent to pay
prevailing wage and the affidavit of wages paid for each work
order subcontract; and
(5) Any other information requested by the board. [2007
c 494 § 405.]
39.10.460
Sunset Act application: See note following chapter digest.
39.10.470 Public inspection of certain records—Protection of trade secrets. (1) Except as provided in subsection (2) of this section, all proceedings, records, contracts,
and other public records relating to alternative public works
transactions under this chapter shall be open to the inspection
of any interested person, firm, or corporation in accordance
with chapter 42.56 RCW.
(2) Trade secrets, as defined in RCW 19.108.010, or
other proprietary information submitted by a bidder, offeror,
or contractor in connection with an alternative public works
transaction under this chapter shall not be subject to chapter
42.56 RCW if the bidder, offeror, or contractor specifically
states in writing the reasons why protection is necessary, and
identifies the data or materials to be protected. [2005 c 274 §
275; 1994 c 132 § 10. Formerly RCW 39.10.100.]
39.10.470
Sunset Act application: See note following chapter digest.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Additional notes found at www.leg.wa.gov
39.10.500 Exemptions. Projects approved by the
school district project review board established under *RCW
39.10.115, and the hospital district project review board
established under *RCW 39.10.117 before July 1, 2007, may
proceed without the approval of the committee established in
RCW 39.10.240. The board may grant an exemption from
any provision of chapter 494, Laws of 2007 for projects
advertised before July 1, 2007. A public body seeking an
exemption must submit a request in writing to the board no
later than December 31, 2007. The board must respond to the
request within sixty calendar days. [2007 c 494 § 502.]
39.10.500
*Reviser’s note: RCW 39.10.115 and 39.10.117 were repealed by
2007 c 494 § 509, effective July 1, 2007.
Sunset Act application: See note following chapter digest.
39.10.510 Previously advertised projects. Projects
using the design-build or general contractor/construction
manager contracting procedures in which advertising for
selection of a contractor has begun by July 1, 2007, but no
contract has been awarded may proceed without seeking
approval of the committee under the processes in RCW
39.10.270 and 39.10.280. [2007 c 494 § 503.]
39.10.510
Sunset Act application: See note following chapter digest.
39.10.900 Captions not law—1994 c 132. Captions as
used in this act do not constitute any part of law. [1994 c 132
§ 13.]
39.10.900
Sunset Act application: See note following chapter digest.
39.10.480 Construction of chapter—Waiver of other
limits and requirements. This chapter shall not be construed to affect or modify the existing statutory, regulatory,
or charter powers of public bodies except to the extent that a
procedure authorized by this chapter is adopted by a public
body for a particular public works project. In that event, the
normal contracting or procurement limits or requirements of
a public body as imposed by statute, ordinance, resolution, or
regulation shall be deemed waived or amended only to the
extent necessary to accommodate such procedures for a particular public works project. [1994 c 132 § 9. Formerly
RCW 39.10.090.]
39.10.480
Sunset Act application: See note following chapter digest.
39.10.901 Severability—1994 c 132. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 132 § 14.]
39.10.901
Sunset Act application: See note following chapter digest.
39.10.903 Part headings and captions not law—2007
c 494. Part headings and captions used in chapter 494, Laws
of 2007 are not any part of the law. [2007 c 494 § 510.]
39.10.903
Sunset Act application: See note following chapter digest.
39.10.904 Effective dates—2007 c 494. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2007,
except for section 104 of this act, which takes effect immediately [May 15, 2007], and section 508 of this act, which takes
effect June 30, 2007. [2007 c 494 § 512.]
39.10.904
39.10.490 Application of chapter. The alternative
public works contracting procedures authorized under this
chapter are limited to public works contracts signed before
July 1, 2013. Methods of public works contracting authorized under this chapter shall remain in full force and effect
until completion of contracts signed before July 1, 2013.
[2007 c 494 § 501; 2001 c 328 § 5. Prior: 1997 c 376 § 7;
1997 c 220 § 404 (Referendum Bill No. 48, approved June
17, 1997); 1995 3rd sp.s. c 1 § 305; 1994 c 132 § 12. Formerly RCW 39.10.120.]
39.10.490
Sunset Act application: See note following chapter digest.
Effective date—2001 c 328: See note following RCW 39.10.210.
[Title 39 RCW—page 28]
39.10.905 Severability—2007 c 494. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2007 c 494 § 513.]
39.10.905
(2010 Ed.)
Prevailing Wages on Public Works
Chapter 39.12 RCW
PREVAILING WAGES ON PUBLIC WORKS
Chapter 39.12
Sections
39.12.010
39.12.015
39.12.020
39.12.021
39.12.022
39.12.026
39.12.030
39.12.040
39.12.042
39.12.050
39.12.055
39.12.060
39.12.065
39.12.070
39.12.080
39.12.100
39.12.900
Definitions.
Industrial statistician to make determinations of prevailing
rate.
Prevailing rate to be paid on public works and under public
building service maintenance contracts—Posting of statement of intent—Exception.
Prevailing rate to be paid on public works—Apprentice workers.
Vocationally handicapped—Exemption from RCW
39.12.020—Procedure.
Surveys—Applicability by county.
Contract specifications must state minimum hourly rate—
Stipulation for payment—Residential and commercial construction work.
Statement of intent to pay prevailing wages, affidavit of wages
paid—Alternative procedure.
Compliance with RCW 39.12.040—Liability of public agencies to workers, laborers, or mechanics.
False statement or failure to file—Penalty—Unpaid wages lien
against bond and retainage—Prohibitions on bidding on
future contracts—Hearing.
Prohibitions on bidding on future contracts.
Director of labor and industries to arbitrate disputes.
Investigation of complaints—Hearing—Remedies—Penalties.
Fees authorized for approvals, certifications, and arbitrations.
Public works administration account.
Independent contractors—Criteria.
Severability—1945 c 63.
Enforcement of wage claims: RCW 49.48.040.
Hours of labor on public works: Chapter 49.28 RCW.
Workers’ compensation applicable to public works contracts: RCW
51.12.050, 51.12.070.
39.12.010 Definitions. (1) The "prevailing rate of
wage", for the intents and purposes of this chapter, shall be
the rate of hourly wage, usual benefits, and overtime paid in
the locality, as hereinafter defined, to the majority of workers, laborers, or mechanics, in the same trade or occupation.
In the event that there is not a majority in the same trade or
occupation paid at the same rate, then the average rate of
hourly wage and overtime paid to such laborers, workers, or
mechanics in the same trade or occupation shall be the prevailing rate. If the wage paid by any contractor or subcontractor to laborers, workers, or mechanics on any public work is
based on some period of time other than an hour, the hourly
wage for the purposes of this chapter shall be mathematically
determined by the number of hours worked in such period of
time.
(2) The "locality" for the purposes of this chapter shall be
the largest city in the county wherein the physical work is
being performed.
(3) The "usual benefits" for the purposes of this chapter
shall include the amount of:
(a) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and
(b) The rate of costs to the contractor or subcontractor
which may be reasonably anticipated in providing benefits to
workers, laborers, and mechanics pursuant to an enforceable
commitment to carry out a financially responsible plan or
program which was communicated in writing to the workers,
laborers, and mechanics affected, for medical or hospital
care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insur39.12.010
(2010 Ed.)
39.12.021
ance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying
costs of apprenticeship or other similar programs, or for other
bona fide fringe benefits, but only where the contractor or
subcontractor is not required by other federal, state, or local
law to provide any of such benefits.
(4) An "interested party" for the purposes of this chapter
shall include a contractor, subcontractor, an employee of a
contractor or subcontractor, an organization whose members’
wages, benefits, and conditions of employment are affected
by this chapter, and the director of labor and industries or the
director’s designee. [1989 c 12 § 6; 1985 c 15 § 1; 1965 ex.s.
c 133 § 1; 1945 c 63 § 3; Rem. Supp. 1945 § 10322-22.]
Additional notes found at www.leg.wa.gov
39.12.015 Industrial statistician to make determinations of prevailing rate. All determinations of the prevailing
rate of wage shall be made by the industrial statistician of the
department of labor and industries. [1965 ex.s. c 133 § 2.]
39.12.015
39.12.020 Prevailing rate to be paid on public works
and under public building service maintenance contracts—Posting of statement of intent—Exception. The
hourly wages to be paid to laborers, workers, or mechanics,
upon all public works and under all public building service
maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not
less than the prevailing rate of wage for an hour’s work in the
same trade or occupation in the locality within the state where
such labor is performed. For a contract in excess of ten thousand dollars, a contractor required to pay the prevailing rate
of wage shall post in a location readily visible to workers at
the job site: PROVIDED, That on road construction, sewer
line, pipeline, transmission line, street, or alley improvement
projects for which no field office is needed or established, a
contractor may post the prevailing rate of wage statement at
the contractor’s local office, gravel crushing, concrete, or
asphalt batch plant as long as the contractor provides a copy
of the wage statement to any employee on request:
(1) A copy of a statement of intent to pay prevailing
wages approved by the industrial statistician of the department of labor and industries under RCW 39.12.040; and
(2) The address and telephone number of the industrial
statistician of the department of labor and industries where a
complaint or inquiry concerning prevailing wages may be
made.
This chapter shall not apply to workers or other persons
regularly employed by the state, or any county, municipality,
or political subdivision created by its laws. [2007 c 169 § 1;
1989 c 12 § 7; 1982 c 130 § 1; 1981 c 46 § 1; 1967 ex.s. c 14
§ 1; 1945 c 63 § 1; Rem. Supp. 1945 § 10322-20.]
39.12.020
39.12.021 Prevailing rate to be paid on public
works—Apprentice workers. Apprentice workers
employed upon public works projects for whom an apprenticeship agreement has been registered and approved with the
state apprenticeship council pursuant to chapter 49.04 RCW,
must be paid at least the prevailing hourly rate for an apprentice of that trade. Any worker for whom an apprenticeship
39.12.021
[Title 39 RCW—page 29]
39.12.022
Title 39 RCW: Public Contracts and Indebtedness
agreement has not been registered and approved by the state
apprenticeship council shall be considered to be a fully qualified journey level worker, and, therefore, shall be paid at the
prevailing hourly rate for journey level workers. [1989 c 12
§ 8; 1963 c 93 § 1.]
39.12.022
39.12.022 Vocationally handicapped—Exemption
from RCW 39.12.020—Procedure. The director of the
department of labor and industries, to the extent necessary in
order to prevent curtailment of opportunities for employment, shall by regulations provide for the employment of
individuals whose earning capacity is impaired by physical or
mental deficiency or injury, under special certificates issued
by the director, at such wages lower than the prevailing rate
applicable under RCW 39.12.020 and for such period as shall
be fixed in such certificates. [1972 ex.s. c 91 § 1.]
39.12.026
39.12.026 Surveys—Applicability by county. (1) In
establishing the prevailing rate of wage under RCW
39.12.010, 39.12.015, and 39.12.020, all data collected by the
department may be used only in the county for which the
work was performed.
(2) This section applies only to prevailing wage surveys
initiated on or after August 1, 2003. [2003 c 363 § 206.]
Findings—Intent—2003 c 363 §§ 201-206: See note following RCW
49.04.041.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
39.12.030
39.12.030 Contract specifications must state minimum hourly rate—Stipulation for payment—Residential
and commercial construction work. (1) The specifications
for every contract for the construction, reconstruction, maintenance or repair of any public work to which the state or any
county, municipality, or political subdivision created by its
laws is a party, shall contain a provision stating the hourly
minimum rate of wage, not less than the prevailing rate of
wage, which may be paid to laborers, workers, or mechanics
in each trade or occupation required for such public work
employed in the performance of the contract either by the
contractor, subcontractor or other person doing or contracting
to do the whole or any part of the work contemplated by the
contract, and the contract shall contain a stipulation that such
laborers, workers, or mechanics shall be paid not less than
such specified hourly minimum rate of wage. If the awarding
agency determines that the work contracted for meets the definition of residential construction, the contract must include
that information.
(2) If the hourly minimum rate of wage stated in the contract specifies residential construction rates and it is later
determined that the work performed is commercial and subject to commercial construction rates, the state, county,
municipality, or political subdivision that entered into the
contract must pay the difference between the residential rate
stated and the actual commercial rate to the contractor, subcontractor, or other person doing or contracting to do the
whole or any part of the work under the contract. [2009 c 62
§ 1; 1989 c 12 § 9; 1945 c 63 § 2; Rem. Supp. 1945 § 1032221.]
[Title 39 RCW—page 30]
39.12.040 Statement of intent to pay prevailing
wages, affidavit of wages paid—Alternative procedure.
(1) Except as provided in subsection (2) of this section,
before payment is made by or on behalf of the state, or any
county, municipality, or political subdivision created by its
laws, of any sum or sums due on account of a public works
contract, it shall be the duty of the officer or person charged
with the custody and disbursement of public funds to require
the contractor and each and every subcontractor from the
contractor or a subcontractor to submit to such officer a
"Statement of Intent to Pay Prevailing Wages". For a contract in excess of ten thousand dollars, the statement of intent
to pay prevailing wages shall include:
(a) The contractor’s registration certificate number; and
(b) The prevailing rate of wage for each classification of
workers entitled to prevailing wages under RCW 39.12.020
and the estimated number of workers in each classification.
Each statement of intent to pay prevailing wages must be
approved by the industrial statistician of the department of
labor and industries before it is submitted to said officer.
Unless otherwise authorized by the department of labor and
industries, each voucher claim submitted by a contractor for
payment on a project estimate shall state that the prevailing
wages have been paid in accordance with the prefiled statement or statements of intent to pay prevailing wages on file
with the public agency. Following the final acceptance of a
public works project, it shall be the duty of the officer
charged with the disbursement of public funds, to require the
contractor and each and every subcontractor from the contractor or a subcontractor to submit to such officer an "Affidavit of Wages Paid" before the funds retained according to
the provisions of RCW 60.28.011 are released to the contractor. Each affidavit of wages paid must be certified by the
industrial statistician of the department of labor and industries before it is submitted to said officer.
(2) As an alternate to the procedures provided for in subsection (1) of this section, for public works projects of two
thousand five hundred dollars or less and for projects where
the limited public works process under RCW 39.04.155(3) is
followed:
(a) An awarding agency may authorize the contractor or
subcontractor to submit the statement of intent to pay prevailing wages directly to the officer or person charged with the
custody or disbursement of public funds in the awarding
agency without approval by the industrial statistician of the
department of labor and industries. The awarding agency
shall retain such statement of intent to pay prevailing wages
for a period of not less than three years.
(b) Upon final acceptance of the public works project,
the awarding agency shall require the contractor or subcontractor to submit an affidavit of wages paid. Upon receipt of
the affidavit of wages paid, the awarding agency may pay the
contractor or subcontractor in full, including funds that would
otherwise be retained according to the provisions of RCW
60.28.011. Within thirty days of receipt of the affidavit of
wages paid, the awarding agency shall submit the affidavit of
wages paid to the industrial statistician of the department of
labor and industries for approval.
(c) A statement of intent to pay prevailing wages and an
affidavit of wages paid shall be on forms approved by the
department of labor and industries.
39.12.040
(2010 Ed.)
Prevailing Wages on Public Works
(d) In the event of a wage claim and a finding for the
claimant by the department of labor and industries where the
awarding agency has used the alternative process provided
for in subsection (2) of this section, the awarding agency
shall pay the wages due directly to the claimant. If the contractor or subcontractor did not pay the wages stated in the
affidavit of wages paid, the awarding agency may take action
at law to seek reimbursement from the contractor or subcontractor of wages paid to the claimant, and may prohibit the
contractor or subcontractor from bidding on any public works
contract of the awarding agency for up to one year.
(e) Nothing in this section shall be interpreted to allow
an awarding agency to subdivide any public works project of
more than two thousand five hundred dollars for the purpose
of circumventing the procedures required by RCW
39.12.040(1). [2009 c 219 § 2; 2007 c 210 § 4; 1991 c 15 §
1; 1982 c 130 § 2; 1981 c 46 § 2; 1975-’76 2nd ex.s. c 49 § 1;
1965 ex.s. c 133 § 3; 1945 c 63 § 4; Rem. Supp. 1945 §
10322-23.]
39.12.042 Compliance with RCW 39.12.040—Liability of public agencies to workers, laborers, or mechanics.
If any agency of the state, or any county, municipality, or
political subdivision created by its laws shall knowingly fail
to comply with the provisions of RCW 39.12.040 as now or
hereafter amended, such agency of the state, or county,
municipality, or political subdivision created by its laws,
shall be liable to all workers, laborers, or mechanics to the
full extent and for the full amount of wages due, pursuant to
the prevailing wage requirements of RCW 39.12.020. [1993
c 404 § 3; 1989 c 12 § 11; 1975-’76 2nd ex.s. c 49 § 2.]
39.12.042
Additional notes found at www.leg.wa.gov
39.12.050 False statement or failure to file—Penalty—Unpaid wages lien against bond and retainage—
Prohibitions on bidding on future contracts—Hearing.
(1) Any contractor or subcontractor who files a false statement or fails to file any statement or record required to be
filed under this chapter and the rules adopted under this chapter, shall, after a determination to that effect has been issued
by the director after hearing under chapter 34.05 RCW, forfeit as a civil penalty the sum of five hundred dollars for each
false filing or failure to file, and shall not be permitted to bid,
or have a bid considered, on any public works contract until
the penalty has been paid in full to the director. The civil penalty under this subsection shall not apply to a violation determined by the director to be an inadvertent filing or reporting
error. Civil penalties shall be deposited in the public works
administration account.
To the extent that a contractor or subcontractor has not
paid wages at the rate due pursuant to RCW 39.12.020, and a
finding to that effect has been made as provided by this subsection, such unpaid wages shall constitute a lien against the
bonds and retainage as provided in RCW 18.27.040,
19.28.041, 39.08.010, and 60.28.011.
(2) If a contractor or subcontractor is found to have violated the provisions of subsection (1) of this section for a second time within a five year period, the contractor or subcontractor shall be subject to the sanctions prescribed in subsection (1) of this section and shall not be allowed to bid on any
39.12.050
(2010 Ed.)
39.12.065
public works contract for one year. The one year period shall
run from the date of notice by the director of the determination of noncompliance. When an appeal is taken from the
director’s determination, the one year period shall commence
from the date of the final determination of the appeal.
The director shall issue his or her findings that a contractor or subcontractor has violated the provisions of this subsection after a hearing held subject to the provisions of chapter 34.05 RCW. [2009 c 219 § 3; 2001 c 219 § 1; 1985 c 15
§ 3; 1977 ex.s. c 71 § 1; 1973 c 120 § 1; 1945 c 63 § 5; Rem.
Supp. 1945 § 10322-24.]
Additional notes found at www.leg.wa.gov
39.12.055 Prohibitions on bidding on future contracts. A contractor shall not be allowed to bid on any public
works contract for one year from the date of a final determination that the contractor has committed any combination of
two of the following violations or infractions within a
five-year period:
(1) Violated RCW 51.48.020(1) or 51.48.103;
(2) Committed an infraction or violation under chapter
18.27 RCW for performing work as an unregistered contractor; or
(3) Determined to be out of compliance by the Washington state apprenticeship and training council for working
apprentices out of ratio, without appropriate supervision, or
outside their approved work processes as outlined in their
standards of apprenticeship under chapter 49.04 RCW.
[2009 c 197 § 3; 2008 c 120 § 3.]
39.12.055
Rules—Implementation—2009 c 197: See note following RCW
39.04.320.
Conflict with federal requirements—Severability—2008 c 120: See
notes following RCW 18.27.030.
39.12.060 Director of labor and industries to arbitrate disputes. Such contract shall contain a further provision that in case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including
labor and management representatives, the matter shall be
referred for arbitration to the director of the department of
labor and industries of the state and his or her decision therein
shall be final and conclusive and binding on all parties
involved in the dispute. [1989 c 12 § 10; 1965 ex.s. c 133 §
4; 1945 c 63 § 6; Rem. Supp. 1945 § 10322-25.]
39.12.060
Arbitration of disputes: Chapter 49.08 RCW.
Uniform arbitration act: Chapter 7.04A RCW.
39.12.065 Investigation of complaints—Hearing—
Remedies—Penalties. (1) Upon complaint by an interested
party, the director of labor and industries shall cause an
investigation to be made to determine whether there has been
compliance with this chapter and the rules adopted hereunder, and if the investigation indicates that a violation may
have occurred, a hearing shall be held in accordance with
chapter 34.05 RCW. The director shall issue a written determination including his or her findings after the hearing. A
judicial appeal from the director’s determination may be
taken in accordance with chapter 34.05 RCW, with the pre39.12.065
[Title 39 RCW—page 31]
39.12.070
Title 39 RCW: Public Contracts and Indebtedness
vailing party entitled to recover reasonable costs and attorneys fees.
A complaint concerning nonpayment of the prevailing
rate of wage shall be filed with the department of labor and
industries no later than thirty days from the acceptance date
of the public works project. The failure to timely file such a
complaint shall not prohibit a claimant from pursuing a private right of action against a contractor or subcontractor for
unpaid prevailing wages. The remedy provided by this section is not exclusive and is concurrent with any other remedy
provided by law.
(2) To the extent that a contractor or subcontractor has
not paid the prevailing rate of wage under a determination
issued as provided in subsection (1) of this section, the director shall notify the agency awarding the public works contract of the amount of the violation found, and the awarding
agency shall withhold, or in the case of a bond, the director
shall proceed against the bond in accordance with the applicable statute to recover, such amount from the following
sources in the following order of priority until the total of
such amount is withheld:
(a) The retainage or bond in lieu of retainage as provided
in RCW 60.28.011;
(b) If the claimant was employed by the contractor or
subcontractor on the public works project, the bond filed by
the contractor or subcontractor with the department of labor
and industries as provided in RCW 18.27.040 and 19.28.041;
(c) A surety bond, or at the contractor’s or subcontractor’s option an escrow account, running to the director in the
amount of the violation found; and
(d) That portion of the progress payments which is properly allocable to the contractor or subcontractor who is found
to be in violation of this chapter. Under no circumstances
shall any portion of the progress payments be withheld that
are properly allocable to a contractor, subcontractor, or supplier, that is not found to be in violation of this chapter.
The amount withheld shall be released to the director to
distribute in accordance with the director’s determination.
(3) A contractor or subcontractor that is found, in accordance with subsection (1) of this section, to have violated the
requirement to pay the prevailing rate of wage shall be subject to a civil penalty of not less than one thousand dollars or
an amount equal to twenty percent of the total prevailing
wage violation found on the contract, whichever is greater,
and shall not be permitted to bid, or have a bid considered, on
any public works contract until such civil penalty has been
paid in full to the director. If a contractor or subcontractor is
found to have participated in a violation of the requirement to
pay the prevailing rate of wage for a second time within a
five-year period, the contractor or subcontractor shall be subject to the sanctions prescribed in this subsection and as an
additional sanction shall not be allowed to bid on any public
works contract for two years. Civil penalties shall be deposited in the public works administration account. If a previous
or subsequent violation of a requirement to pay a prevailing
rate of wage under federal or other state law is found against
the contractor or subcontractor within five years from a violation under this section, the contractor or subcontractor shall
not be allowed to bid on any public works contract for two
years. A contractor or subcontractor shall not be barred from
bidding on any public works contract if the contractor or sub[Title 39 RCW—page 32]
contractor relied upon written information from the department to pay a prevailing rate of wage that is later determined
to be in violation of this chapter. The civil penalty and sanctions under this subsection shall not apply to a violation
determined by the director to be an inadvertent filing or
reporting error. To the extent that a contractor or subcontractor has not paid the prevailing wage rate under a determination issued as provided in subsection (1) of this section, the
unpaid wages shall constitute a lien against the bonds and
retainage as provided herein and in RCW 18.27.040,
19.28.041, 39.08.010, and 60.28.011. [2009 c 219 § 4; 2001
c 219 § 2; 1994 c 88 § 1; 1985 c 15 § 2.]
Additional notes found at www.leg.wa.gov
39.12.070 Fees authorized for approvals, certifications, and arbitrations. The department of labor and industries may charge fees to awarding agencies on public works
for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid. The
department may also charge fees to persons or organizations
requesting the arbitration of disputes under RCW 39.12.060.
The amount of the fees shall be established by rules adopted
by the department under the procedures in the administrative
procedure act, chapter 34.05 RCW. The fees shall apply to
all approvals, certifications, and arbitration requests made
after the effective date of the rules. All fees shall be deposited in the public works administration account. The department may refuse to arbitrate for contractors, subcontractors,
persons, or organizations which have not paid the proper
fees. The department may, if necessary, request the attorney
general to take legal action to collect delinquent fees.
The department shall set the fees permitted by this section at a level that generates revenue that is as near as practicable to the amount of the appropriation to administer this
chapter, including, but not limited to, the performance of adequate wage surveys, and to investigate and enforce all alleged
violations of this chapter, including, but not limited to, incorrect statements of intent to pay prevailing wage, incorrect
certificates of affidavits of wages paid, and wage claims, as
provided for in this chapter and chapters 49.48 and 49.52
RCW. However, the fees charged for the approval of statements of intent to pay prevailing wages and the certification
of affidavits of wages paid shall be forty dollars. [2008 c 285
§ 2; 2006 c 230 § 1; 1993 c 404 § 1; 1982 1st ex.s. c 38 § 1.]
39.12.070
Effective date—2008 c 285 § 2: "Section 2 of this act takes effect July
1, 2008." [2008 c 285 § 3.]
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Effective date—2006 c 230: "This act takes effect July 1, 2007." [2006
c 230 § 3.]
Additional notes found at www.leg.wa.gov
39.12.080 Public works administration account. The
public works administration account is created in the state
treasury. The department of labor and industries shall deposit
in the account all moneys received from fees or civil penalties
collected under RCW 39.12.050, 39.12.065, and 39.12.070.
Appropriations from the account may be made only for the
purposes of administration of this chapter, including, but not
limited to, the performance of adequate wage surveys, and for
the investigation and enforcement of all alleged violations of
39.12.080
(2010 Ed.)
Office of Minority and Women’s Business Enterprises
this chapter as provided for in this chapter and chapters 49.48
and 49.52 RCW. [2006 c 230 § 2; 2001 c 219 § 3; 1993 c 404
§ 2.]
39.19.020
Chapter 39.19 RCW
OFFICE OF MINORITY AND WOMEN’S
BUSINESS ENTERPRISES
Chapter 39.19
Effective date—2006 c 230: See note following RCW 39.12.070.
Sections
Additional notes found at www.leg.wa.gov
39.19.010
39.19.020
39.19.030
39.12.100 Independent contractors—Criteria. For
the purposes of this chapter, an individual employed on a
public works project is not considered to be a laborer, worker,
or mechanic when:
(1) The individual has been and is free from control or
direction over the performance of the service, both under the
contract of service and in fact;
(2) The service is either outside the usual course of business for the contractor or contractors for whom the individual
performs services, or the service is performed outside all of
the places of business of the enterprise for which the individual performs services, or the individual is responsible, both
under the contract and in fact, for the costs of the principal
place of business from which the service is performed;
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business,
of the same nature as that involved in the contract of service,
or the individual has a principal place of business for the
business the individual is conducting that is eligible for a
business deduction for federal income tax purposes other
than that furnished by the employer for which the business
has contracted to furnish services;
(4) On the effective date of the contract of service, the
individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a
schedule of expenses with the internal revenue service for the
type of business the individual is conducting;
(5) On the effective date of the contract of service, or
within a reasonable period after the effective date of the contract of service, the individual has an active and valid certificate of registration with the department of revenue, and an
active and valid account with any other state agencies as
required by the particular case, for the business the individual
is conducting for the payment of all state taxes normally paid
by employers and businesses and has registered for and
received a unified business identifier number from the state
of Washington;
(6) On the effective date of the contract of service, the
individual is maintaining a separate set of books or records
that reflect all items of income and expenses of the business
which the individual is conducting; and
(7) On the effective date of the contract of service, if the
nature of the work performed requires registration under
chapter 18.27 RCW or licensure under chapter 19.28 RCW,
the individual has a valid contractor registration pursuant to
chapter 18.27 RCW or an electrical contractor license pursuant to chapter 19.28 RCW. [2009 c 63 § 1.]
39.12.100
39.12.900 Severability—1945 c 63. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional. [1945 c 63
§ 7.]
39.12.900
(2010 Ed.)
39.19.041
39.19.050
39.19.060
39.19.070
39.19.075
39.19.080
39.19.090
39.19.100
39.19.110
39.19.120
39.19.140
39.19.150
39.19.160
39.19.170
39.19.200
39.19.210
39.19.220
39.19.230
39.19.240
39.19.250
39.19.910
39.19.920
39.19.921
Intent.
Definitions.
Office of minority and women’s business enterprises—Director—Powers and duties.
Ad hoc advisory committees.
Standard clauses required in requests for proposals, advertisements, and bids.
Compliance with public works and procurement goals—Plan
to maximize opportunity for minority and women-owned
businesses.
Compliance with goals—Bidding procedures.
Compliance with goals—Valuation of goods or services.
Prohibited activities—Penalties.
Compliance with chapter or contract—Remedies.
Enforcement by attorney general—Injunctive relief.
Enforcement by attorney general—Investigative powers.
Certification of business enterprises.
Implementation of statewide certification.
Local government may petition for reconsideration of business
certification.
Local government responsible for monitoring compliance.
Prequalification of minority and women-owned businesses—
Waiver of performance bond.
Minority and women’s business enterprises account—Created.
Businesses using the office—Fees.
Political subdivisions—Fees.
State agencies and educational institutions—Fees.
Linked deposit program—Compilation of information—Notification regarding enterprises no longer certified—Monitoring loans.
Participation in contracts by qualified minority and womenowned and controlled businesses—Data—Contact people—
Reports.
Effective date—Applicability—1983 c 120.
Severability—Conflict with federal requirements—1983 c
120.
Severability—1987 c 328.
Minority and women business development office: RCW 43.31.0925.
39.19.010 Intent. The legislature finds that minority
and women-owned businesses are significantly under-represented and have been denied equitable competitive opportunities in contracting. It is the intent of this chapter to mitigate
societal discrimination and other factors in participating in
public works and in providing goods and services and to
delineate a policy that an increased level of participation by
minority and women-owned and controlled businesses is
desirable at all levels of state government. The purpose and
intent of this chapter are to provide the maximum practicable
opportunity for increased participation by minority and
women-owned and controlled businesses in participating in
public works and the process by which goods and services are
procured by state agencies and educational institutions from
the private sector. [1987 c 328 § 1; 1983 c 120 § 1.]
39.19.010
39.19.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Advisory committee" means the advisory committee on minority and women’s business enterprises.
(2) "Broker" means a person that provides a bona fide
service, such as professional, technical, consultant, brokerage, or managerial services and assistance in the procurement
of essential personnel, facilities, equipment, materials, or
supplies required for performance of a contract.
39.19.020
[Title 39 RCW—page 33]
39.19.030
Title 39 RCW: Public Contracts and Indebtedness
(3) "Director" means the director of the office of minority and women’s business enterprises.
(4) "Educational institutions" means the state universities, the regional universities, The Evergreen State College,
and the community colleges.
(5) "Goals" means annual overall agency goals,
expressed as a percentage of dollar volume, for participation
by minority and women-owned and controlled businesses
and shall not be construed as a minimum goal for any particular contract or for any particular geographical area. It is the
intent of this chapter that such overall agency goals shall be
achievable and shall be met on a contract-by-contract or
class-of-contract basis.
(6) "Goods and/or services" includes professional services and all other goods and services.
(7) "Office" means the office of minority and women’s
business enterprises.
(8) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any
group of persons.
(9) "Procurement" means the purchase, lease, or rental of
any goods or services.
(10) "Public works" means all work, construction, highway and ferry construction, alteration, repair, or improvement other than ordinary maintenance, which a state agency
or educational institution is authorized or required by law to
undertake.
(11) "State agency" includes the state of Washington and
all agencies, departments, offices, divisions, boards, commissions, and correctional and other types of institutions. [1996
c 69 § 4; 1987 c 328 § 2; 1983 c 120 § 2.]
Intent—1996 c 69: See note following RCW 39.19.030.
39.19.030 Office of minority and women’s business
enterprises—Director—Powers and duties. There is
hereby created the office of minority and women’s business
enterprises. The governor shall appoint a director for the
office, subject to confirmation by the senate. The director
may employ a deputy director and a confidential secretary,
both of which shall be exempt under chapter 41.06 RCW, and
such staff as are necessary to carry out the purposes of this
chapter.
The office shall consult with the minority and women’s
business enterprises advisory committee to:
(1) Develop, plan, and implement programs to provide
an opportunity for participation by qualified minority and
women-owned and controlled businesses in public works and
the process by which goods and services are procured by state
agencies and educational institutions from the private sector;
(2) Develop a comprehensive plan insuring that qualified
minority and women-owned and controlled businesses are
provided an opportunity to participate in public contracts for
public works and goods and services;
(3) Identify barriers to equal participation by qualified
minority and women-owned and controlled businesses in all
state agency and educational institution contracts;
(4) Establish annual overall goals for participation by
qualified minority and women-owned and controlled businesses for each state agency and educational institution to be
39.19.030
[Title 39 RCW—page 34]
administered on a contract-by-contract basis or on a class-ofcontracts basis;
(5) Develop and maintain a central minority and
women’s business enterprise certification list for all state
agencies and educational institutions. No business is entitled
to certification under this chapter unless it meets the definition of small business concern as established by the office.
All applications for certification under this chapter shall be
sworn under oath;
(6) Develop, implement, and operate a system of monitoring compliance with this chapter;
(7) Adopt rules under chapter 34.05 RCW, the Administrative Procedure Act, governing: (a) Establishment of
agency goals; (b) development and maintenance of a central
minority and women’s business enterprise certification program, including a definition of "small business concern"
which shall be consistent with the small business requirements defined under section 3 of the Small Business Act, 15
U.S.C. Sec. 632, and its implementing regulations as guidance; (c) procedures for monitoring and enforcing compliance with goals, regulations, contract provisions, and this
chapter; (d) utilization of standard clauses by state agencies
and educational institutions, as specified in RCW 39.19.050;
and (e) determination of an agency’s or educational institution’s goal attainment consistent with the limitations of RCW
39.19.075;
(8) Submit an annual report to the governor and the legislature outlining the progress in implementing this chapter;
(9) Investigate complaints of violations of this chapter
with the assistance of the involved agency or educational
institution; and
(10) Cooperate and act jointly or by division of labor
with the United States or other states, and with political subdivisions of the state of Washington and their respective
minority, socially and economically disadvantaged and
women business enterprise programs to carry out the purposes of this chapter. However, the power which may be
exercised by the office under this subsection permits investigation and imposition of sanctions only if the investigation
relates to a possible violation of chapter 39.19 RCW, and not
to violation of local ordinances, rules, regulations, however
denominated, adopted by political subdivisions of the state.
[1996 c 69 § 5; 1989 c 175 § 85; 1987 c 328 § 3; 1983 c 120
§ 3.]
Intent—1996 c 69: "It is the intent of the legislature to ensure that the
counting of the dollar value of an agency’s or educational institution’s
expenditures to certified minority and women’s business enterprises meaningfully reflects the actual financial participation of the certified businesses."
[1996 c 69 § 3.]
Additional notes found at www.leg.wa.gov
39.19.041 Ad hoc advisory committees. The director
may establish ad hoc advisory committees, as necessary, to
assist in the development of policies to carry out the purposes
of this chapter. [1995 c 269 § 1302.]
39.19.041
Additional notes found at www.leg.wa.gov
39.19.050 Standard clauses required in requests for
proposals, advertisements, and bids. The rules adopted
under RCW 39.19.030 shall include requirements for standard clauses in requests for proposals, advertisements, bids,
39.19.050
(2010 Ed.)
Office of Minority and Women’s Business Enterprises
or calls for bids, necessary to carry out the purposes of this
chapter, which shall include notice of the statutory penalties
under RCW 39.19.080 and 39.19.090 for noncompliance.
[1983 c 120 § 5.]
39.19.090
percentage must reflect the fees or commissions generally
paid to brokers for providing such services. [1996 c 69 § 6.]
Intent—1996 c 69: See note following RCW 39.19.030.
39.19.080 Prohibited activities—Penalties. (1) A person, firm, corporation, business, union, or other organization
shall not:
(a) Prevent or interfere with a contractor’s or subcontractor’s compliance with this chapter, or any rule adopted under
this chapter;
(b) Submit false or fraudulent information to the state
concerning compliance with this chapter or any such rule;
(c) Fraudulently obtain, retain, attempt to obtain or
retain, or aid another in fraudulently obtaining or retaining or
attempting to obtain or retain certification as a minority or
women’s business enterprise for the purpose of this chapter;
(d) Knowingly make a false statement, whether by affidavit, verified statement, report, or other representation, to a
state official or employee for the purpose of influencing the
certification or denial of certification of any entity as a minority or women’s business enterprise;
(e) Knowingly obstruct, impede, or attempt to obstruct or
impede any state official or employee who is investigating
the qualification of a business entity that has requested certification as a minority or women’s business enterprise;
(f) Fraudulently obtain, attempt to obtain, or aid another
person in fraudulently obtaining or attempting to obtain public moneys to which the person is not entitled under this chapter; or
(g) Knowingly make false statements that any entity is or
is not certified as a minority or women’s business enterprise
for purposes of obtaining a contract governed by this chapter.
(2) Any person or entity violating this chapter or any rule
adopted under this chapter shall be subject to the penalties in
RCW 39.19.090. Nothing in this section prevents the state
agency or educational institution from pursuing such procedures or sanctions as are otherwise provided by statute, rule,
or contract provision. [1987 c 328 § 5; 1983 c 120 § 8.]
39.19.080
39.19.060 Compliance with public works and procurement goals—Plan to maximize opportunity for
minority and women-owned businesses. Each state agency
and educational institution shall comply with the annual
goals established for that agency or institution under this
chapter for public works and procuring goods or services.
This chapter applies to all public works and procurement by
state agencies and educational institutions, including all contracts and other procurement under chapters 28B.10, 39.04,
39.29, 43.19, and 47.28 RCW. Each state agency shall adopt
a plan, developed in consultation with the director and the
advisory committee, to insure that minority and womenowned businesses are afforded the maximum practicable
opportunity to directly and meaningfully participate in the
execution of public contracts for public works and goods and
services. The plan shall include specific measures the agency
will undertake to increase the participation of certified minority and women-owned businesses. The office shall annually
notify the governor, the state auditor, and the joint legislative
audit and review committee of all agencies and educational
institutions not in compliance with this chapter. [1996 c 288
§ 28; 1993 c 512 § 9; 1983 c 120 § 6.]
39.19.060
Compliance with chapter 39.19 RCW: RCW 28B.10.023, 39.04.160,
39.29.050, 43.19.536, 47.28.030, 47.28.050, 47.28.090.
39.19.070 Compliance with goals—Bidding procedures. It is the intent of this chapter that the goals established
under this chapter for participation by minority and womenowned and controlled businesses be achievable. If necessary
to accomplish this intent, contracts may be awarded to the
next lowest responsible bidder in turn, or all bids may be
rejected and new bids obtained, if the lowest responsible bidder does not meet the goals established for a particular contract under this chapter. The dollar value of the total contract
used for the calculation of the specific contract goal may be
increased or decreased to reflect executed change orders. An
apparent low-bidder must be in compliance with the contract
provisions required under this chapter as a condition precedent to the granting of a notice of award by any state agency
or educational institution. [1994 c 15 § 1; 1987 c 328 § 4;
1983 c 120 § 7.]
39.19.070
39.19.075 Compliance with goals—Valuation of
goods or services. For purposes of measuring an agency’s or
educational institution’s goal attainment, any regulations
adopted under RCW 39.19.030(7)(e) must provide that if a
certified minority and women’s business enterprise is a broker of goods or materials required under a contract, the contracting agency or educational institution may count only the
dollar value of the fee or commission charged and not the
value of goods or materials provided. The contracting agency
or educational institution may, at its discretion, fix the dollar
value of the fee or commission charged at either the actual
dollar value of the fee or commission charged or at a standard
percentage of the total value of the brokered goods, which
39.19.075
(2010 Ed.)
39.19.090 Compliance with chapter or contract—
Remedies. If a person, firm, corporation, or business does
not comply with any provision of this chapter or with a contract requirement established under this chapter, the state may
withhold payment, debar the contractor, suspend, or terminate the contract and subject the contractor to civil penalties
of up to ten percent of the amount of the contract or up to five
thousand dollars for each violation. The office shall adopt, by
rule, criteria for the imposition of penalties under this section.
Wilful repeated violations, exceeding a single violation, may
disqualify the contractor from further participation in state
contracts for a period of up to three years. An apparent lowbidder must be in compliance with the contract provisions
required under this chapter as a condition precedent to the
granting of a notice of award by any state agency or educational institution.
The office shall follow administrative procedures under
chapter 34.05 RCW in determining a violation and imposing
penalties under this chapter.
The procedures and sanctions in this section are not
exclusive; nothing in this section prevents the state agency or
39.19.090
[Title 39 RCW—page 35]
39.19.100
Title 39 RCW: Public Contracts and Indebtedness
educational institution administering the contracts from pursuing such procedures or sanctions as are otherwise provided
by statute, rule, or contract provision. [1987 c 328 § 6; 1983
c 120 § 9.]
39.19.100
39.19.100 Enforcement by attorney general—
Injunctive relief. The attorney general may bring an action
in the name of the state against any person to restrain and prevent the doing of any act prohibited or declared to be unlawful in this chapter. The attorney general may, in the discretion
of the court, recover the costs of the action including reasonable attorneys’ fees and the costs of investigation. [1987 c
328 § 12.]
39.19.110
39.19.110 Enforcement by attorney general—Investigative powers. (1) Whenever the attorney general believes
that any person (a) may be in possession, custody, or control
of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document
or recording, wherever situated, that the attorney general
believes to be relevant to the subject matter of an investigation, the attorney general may require such person to answer
written interrogatories or give oral testimony regarding a possible violation of this chapter, or of any provision of a contract as required by this chapter, or (b) may have knowledge
of any information that the attorney general believes relevant
to the subject matter of such an investigation, the attorney
general may, before instituting a civil proceeding thereon,
execute in writing and cause to be served upon such a person,
a civil investigative demand requiring the person to produce
the documentary material and permit inspection and copying,
to answer in writing written interrogatories, to give oral testimony, or any combination of demands pertaining to the documentary material or information. Documents and information obtained under this section shall not be admissible in
criminal prosecutions.
(2) Each such demand shall:
(a) State the statute, the alleged violation of which is
under investigation, and the general subject matter of the
investigation;
(b) State with reasonable specificity what documentary
material is required, if the demand is for the production of
documentary material;
(c) Prescribe a return date governed by the court rules
within which the documentary material is to be produced, the
answers to written interrogatories are to be made, or a date,
time, and place at which oral testimony is to be taken; and
(d) Identify the members of the attorney general’s staff
to whom such documentary material is to be made available
for inspection and copying, to whom answers to written interrogatories are to be made, or who are to conduct the examination for oral testimony.
(3) No such demand may:
(a) Contain any requirement that would be unreasonable
or improper if contained in a subpoena duces tecum, a request
for answers to written interrogatories, or a notice of deposition upon oral examination issued under the court rules of this
state; or
[Title 39 RCW—page 36]
(b) Require the disclosure of any documentary material
which would be privileged, or which for any other reason
would not be required by a subpoena duces tecum issued by a
court of this state.
(4) Service of any such demand may be made by:
(a) Delivering a duly executed copy thereof to the person
to be served, or, if that person is not a natural person, to any
officer or managing agent of the person to be served;
(b) Delivering a duly executed copy thereof to the principal place of business in this state of the person to be served;
or
(c) Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the
principal place of business in this state, or, if that person has
no place of business in this state, to the person’s principal
office or place of business.
(5)(a) Documentary material demanded under this section shall be produced for inspection and copying during normal business hours at the principal office or place of business
of the person served, or at such other times and places as may
be agreed upon by the person served and the attorney general;
(b) Written interrogatories in a demand served under this
section shall be answered in the same manner as provided in
the civil rules for superior court;
(c) The oral testimony of any person obtained pursuant
to a demand served under this section shall be taken in the
same manner as provided in the civil rules for superior court
for the taking of depositions. In the course of the deposition,
the assistant attorney general conducting the examination
may exclude all persons other than the person being examined, the person’s counsel, and the officer before whom the
testimony is to be taken from the place where the examination is held;
(d) Any person compelled to appear pursuant to a
demand for oral testimony under this section may be accompanied by counsel;
(e) The oral testimony of any person obtained pursuant
to a demand served under this section shall be taken in the
county within which the person resides, is found, or transacts
business, or in such other place as may be agreed upon
between the person served and the attorney general.
(6) No documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant
to a demand, or copies thereof, may, unless otherwise ordered
by a superior court for good cause shown, be produced for
inspection or copying by, nor may the contents thereof be disclosed to, anyone other than an authorized employee or agent
of the attorney general, without the consent of the person who
produced such material, answered written interrogatories, or
gave oral testimony: PROVIDED, That under such reasonable terms and conditions as the attorney general shall prescribe, the copies of such documentary material, answers to
written interrogatories, or transcripts of oral testimony shall
be available for inspection and copying by the person who
produced the material, answered written interrogatories, or
gave oral testimony, or any duly authorized representative of
that person. The attorney general or any assistant attorney
general may use such copies of documentary material,
answers to written interrogatories, or transcripts of oral testimony as he or she determines necessary to enforce this chapter, including presentation before any court: PROVIDED
(2010 Ed.)
Office of Minority and Women’s Business Enterprises
FURTHER, That any such material, answers to written interrogatories, or transcripts of oral testimony that contain material designated by the declarant to be trade secrets shall not be
presented except with the approval of the court in which the
action is pending after adequate notice to the person furnishing the material, answers to written interrogatories, or oral
testimony.
(7) At any time before the return date specified in the
demand, or within twenty days after the demand has been
served, whichever period is shorter, a petition to extend the
return date for, or to modify or set aside a demand issued pursuant to subsection (1) of this section, stating good cause,
may be filed in the superior court for Thurston county, or in
any other county where the parties reside or are found. A petition, by the person on whom the demand is served, stating
good cause, to require the attorney general or any person to
perform any duty imposed by this section, and all other petitions in connection with a demand, may be filed in the superior court for Thurston county, or in the county where the parties reside. The court shall have jurisdiction to impose such
sanctions as are provided for in the civil rules for superior
court with respect to discovery motions.
(8) Whenever any person fails to comply with any civil
investigative demand for documentary material, answers to
written interrogatories, or oral testimony duly served upon
that person under this section, or whenever satisfactory copying or reproduction of any such material cannot be done and
the person refuses to surrender such material, the attorney
general may file, in the trial court of general jurisdiction in
the county in which the person resides, is found, or transacts
business, and serve upon that person a petition for an order of
the court for the enforcement of this section, except that if
such person transacts business in more than one county, the
petition shall be filed in the county in which the person maintains his or her principal place of business or in such other
county as may be agreed upon by the parties to the petition.
Whenever any petition is filed under this section in the trial
court of general jurisdiction in any county, the court shall
have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to
carry into effect this section, and may impose such sanctions
as are provided for in the civil rules for superior court with
respect to discovery motions. [1987 c 328 § 13.]
39.19.120
39.19.120 Certification of business enterprises. The
office shall be the sole authority to perform certification of
minority business enterprises, socially and economically disadvantaged business enterprises, and women’s business
enterprises throughout the state of Washington. Certification
by the state office will allow these firms to participate in programs for these enterprises administered by the state of
Washington, any city, town, county, special purpose district,
public corporation created by the state, municipal corporation, or quasi-municipal corporation within the state of Washington.
This statewide certification process will prevent duplication of effort, achieve efficiency, and permit local jurisdictions to further develop, implement, and/or enhance comprehensive systems of monitoring and compliance for contracts
issued by their agencies. [1987 c 328 § 7.]
(2010 Ed.)
39.19.170
39.19.140 Implementation of statewide certification.
Implementation of statewide certification shall be effective
January 1, 1988, following consultation by the office with
appropriate state and local officials who currently administer
similar certification programs. Any business having been certified under any of the programs identified pursuant to *RCW
39.19.130 as a minority and women’s business enterprise
shall be deemed certified by the office as of January 1, 1988.
[1987 c 328 § 9.]
39.19.140
*Reviser’s note: RCW 39.19.130 expired June 30, 1991.
39.19.150 Local government may petition for reconsideration of business certification. (1) Any city, county,
town, special purpose district, public corporation created by
the state, municipal corporation, or quasi-municipal corporation having reason to believe that a particular minority and
women’s business enterprise should not have been certified
under RCW 39.19.140 may petition the office for reconsideration. The basis for the petition may be one or more of the following:
(a) The office’s rules or regulations were improperly
applied; or
(b) Material facts relating to the minority and women’s
business enterprise’s certification application to the office are
untrue.
(2) The petitioner shall carry the burden of persuasion.
The affected minority or women’s business enterprise shall
receive notice of the petition and an opportunity to respond.
(3) After reviewing the information presented in support
of and in opposition to the petition, the office shall issue a
written decision, granting or denying the petition. If the
office grants the petition, it may revoke, suspend, or refuse to
renew the certification or impose sanctions under this chapter
as appropriate.
(4) The office’s decision on a petition is administratively
final and the rights of appeal set out in the office regulations
shall apply. A certification shall remain in effect while a petition is pending. [1987 c 328 § 10.]
39.19.150
39.19.160 Local government responsible for monitoring compliance. Any city, town, county, special purpose
district, public corporation created by the state, municipal
corporation, or quasi-municipal corporation within the state
of Washington utilizing the certification by the office retains
the responsibility for monitoring compliance with the programs under its jurisdiction. The office shall not be responsible for enforcement of local ordinances, rules, or regulations,
however titled. [1987 c 328 § 11.]
39.19.160
39.19.170 Prequalification of minority and womenowned businesses—Waiver of performance bond. (1)
State agencies shall not require a performance bond for any
public works project that does not exceed twenty-five thousand dollars awarded to a prequalified and certified minority
or woman-owned business that has been prequalified as provided under subsection (2) of this section.
(2) A limited prequalification questionnaire shall be
required assuring:
(a) That the bidder has adequate financial resources or
the ability to secure such resources;
39.19.170
[Title 39 RCW—page 37]
39.19.200
Title 39 RCW: Public Contracts and Indebtedness
(b) That the bidder can meet the performance schedule;
(c) That the bidder is experienced in the type of work to
be performed; and
(d) That all equipment to be used is adequate and functioning and that all equipment operators are qualified to operate such equipment. [1993 c 512 § 10.]
39.19.200 Minority and women’s business enterprises account—Created. The minority and women’s business enterprises account is created in the custody of the state
treasurer. All receipts from RCW 39.19.210, 39.19.220, and
39.19.230 shall be deposited in the account. Expenditures
from the account may be used only for the purposes defraying
all or part of the costs of the office in administering this chapter. Only the director or the director’s designee may authorize
expenditures from the account. Moneys in the account may
be spent only after appropriation. [1993 c 195 § 1.]
39.19.200
Additional notes found at www.leg.wa.gov
39.19.210 Businesses using the office—Fees. The
office may charge a reasonable fee or other appropriate
charge, to be set by rule adopted by the office under chapter
34.05 RCW, to a business using the services of the office.
[1993 c 195 § 2.]
39.19.210
Additional notes found at www.leg.wa.gov
39.19.220 Political subdivisions—Fees. The office
may charge to a political subdivision in this state a reasonable
fee or other appropriate charge, to be set by rule adopted by
the office under chapter 34.05 RCW, prorated on the relative
benefit to the political subdivision, for the certification under
this chapter of a business. [1993 c 195 § 3.]
39.19.220
Additional notes found at www.leg.wa.gov
39.19.230 State agencies and educational institutions—Fees. The office may charge to a state agency and
educational institutions, as both are defined in RCW
39.19.020, a reasonable fee or other appropriate charge, to be
set by rule adopted by the office under chapter 34.05 RCW,
based upon the state agency’s or educational institution’s
expenditure level of funds subject to the office. [1993 c 195
§ 4.]
39.19.230
Additional notes found at www.leg.wa.gov
39.19.240 Linked deposit program—Compilation of
information—Notification regarding enterprises no
longer certified—Monitoring loans. (1) The office shall, in
consultation with the state treasurer and the *department of
community, trade, and economic development, compile
information on minority and women’s business enterprises
that have received financial assistance through a qualified
public depositary under the provisions of RCW 43.86A.060.
The information shall include, but is not limited to:
(a) Name of the qualified public depositary;
(b) Geographic location of the minority or women’s
business enterprise;
(c) Name of the minority or women’s business enterprise;
(d) Date of last certification by the office and certification number;
39.19.240
[Title 39 RCW—page 38]
(e) Type of business;
(f) Amount and term of the loan to the minority or
women’s business enterprise; and
(g) Other information the office deems necessary for the
implementation of this section.
(2) The office shall notify the state treasurer of minority
or women’s business enterprises that are no longer certified
under the provisions of this chapter. The written notification
shall contain information regarding the reason for the decertification and information on financing provided to the
minority or women’s business enterprise under RCW
43.86A.060.
(3) The office shall, in consultation with the state treasurer and the *department of community, trade, and economic development, monitor the performance of loans made
to minority and women-owned business enterprises under
RCW 43.86A.060. [2005 c 302 § 5; 2002 c 305 § 2.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Intent—2005 c 302: See note following RCW 43.86A.030.
39.19.250 Participation in contracts by qualified
minority and women-owned and controlled businesses—
Data—Contact people—Reports. (1) For the purpose of
annual reporting on progress required by *section 1 of this
act, each state agency and educational institution shall submit
data to the office and the office of minority and women’s
business enterprises on the participation by qualified minority and women-owned and controlled businesses in the
agency’s or institution’s contracts and other related information requested by the director. The director of the office of
minority and women’s business enterprises shall determine
the content and format of the data and the reporting schedule,
which must be at least annually.
(2) The office must develop and maintain a list of contact
people at each state agency and educational institution that is
able to present to hearings of the appropriate committees of
the legislature its progress in carrying out the purposes of
chapter 39.19 RCW.
(3) The office must submit a report aggregating the data
received from each state agency and educational institution to
the legislature and the governor. [2009 c 348 § 2.]
39.19.250
Reviser’s note: *(1) "Section 1 of this act" was vetoed.
(2) 2009 c 348 directed that this section be added to chapter 43.41
RCW, but codification in chapter 39.19 RCW appears to be more appropriate.
39.19.910 Effective date—Applicability—1983 c 120.
(1) This act is necessary for the immediate preservation of the
public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect July 1, 1983.
(2) Contracts entered into before September 1, 1983, are
not subject to this act. [1983 c 120 § 21.]
39.19.910
39.19.920 Severability—Conflict with federal
requirements—1983 c 120. (1) If any provision of this act
or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
39.19.920
(2010 Ed.)
Purchase of Products and Services of Sheltered Workshops, DSHS Programs
(2) If any part of this chapter is found to be in conflict
with federal requirements which are a prescribed condition to
the allocation of federal funds to the state the conflicting part
of this chapter is hereby declared to be inoperative solely to
the extent of the conflict and with respect to the agencies
directly affected, and such finding or determination shall not
affect the operation of the remainder of this chapter in its
application to the agencies concerned. The rules under this
chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[1983 c 120 § 18.]
39.19.921 Severability—1987 c 328. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 328 § 17.]
39.19.921
Chapter 39.23 RCW
PURCHASE OF PRODUCTS AND SERVICES OF
SHELTERED WORKSHOPS, DSHS PROGRAMS
Chapter 39.23
39.28.010
shops or officials in charge of the programs of the department
of social and health services for the purchase of the products
or services. [1977 ex.s. c 10 § 1; 1975 c 20 § 3.]
Chapter 39.24
Chapter 39.24 RCW
PUBLIC PURCHASE PREFERENCES
Sections
39.24.050
Purchase of paper products meeting certain specifications
required.
Powers and duties of division of purchasing: RCW 43.19.190.
Purchase of correctional industries produced products: Chapter 72.60
RCW.
Reciprocity in bidding: RCW 43.19.704.
39.24.050 Purchase of paper products meeting certain specifications required. A governmental unit shall, to
the maximum extent economically feasible, purchase paper
products which meet the specifications established by the
department of general administration under RCW 43.19.538.
[1982 c 61 § 3.]
39.24.050
Sections
39.23.005
39.23.010
39.23.020
Declaration of intent.
Definitions.
Products and/or services, purchase of—Authorization—Determining fair market price.
39.23.005 Declaration of intent. It is the intent of the
legislature to encourage municipalities to purchase products
and/or services manufactured or provided by sheltered workshops and programs of the department of social and health
services which operate facilities serving the handicapped and
disadvantaged. [1975 c 20 § 1.]
39.23.005
39.23.010 Definitions. As used in RCW 39.23.005 and
39.23.020 the term "sheltered workshops" shall have the
meaning ascribed to it by RCW 82.04.385 and "programs of
the department of social and health services" shall mean the
group training homes and day training centers defined in
*RCW 72.33.800 and "municipality" shall have the meaning
ascribed to it by RCW 39.04.010. [1975 c 20 § 2.]
39.23.010
*Reviser’s note: RCW 72.33.800 was repealed by 1988 c 176 § 1007.
See Title 71A RCW.
39.23.020 Products and/or services, purchase of—
Authorization—Determining fair market price. Municipalities are hereby authorized to purchase products and/or
services manufactured or provided by sheltered workshops
and programs of the department of social and health services.
Such purchases shall be at the fair market price of such products and services as determined by a municipality. To determine the fair market price a municipality shall use the last
comparable bid on the products and/or services or in the alternative the last price paid for the products and/or services. The
increased cost of labor, materials, and other documented
costs since the last comparable bid or the last price paid are
additional cost factors which shall be considered in determining fair market price. Upon the establishment of the fair market price as provided for in this section a municipality is
hereby empowered to negotiate directly with sheltered work39.23.020
(2010 Ed.)
Chapter 39.28
Chapter 39.28 RCW
EMERGENCY PUBLIC WORKS
Sections
39.28.010
39.28.020
39.28.030
39.28.040
Definitions.
Powers conferred.
Construction of act.
Loans and grants to finance preliminary public works expenditures.
39.28.010 Definitions. The following terms wherever
used or referred to in RCW 39.28.010 through 39.28.030
shall have the following meaning unless a different meaning
appears from the context.
(1) The term "municipality" shall mean the state, a
county, city, town, district or other municipal corporation or
political subdivision;
(2) The term "governing body" shall mean the body, a
board charged with the governing of the municipality;
(3) The term "law" shall mean any act or statute, general,
special or local, of this state, including, without being limited
to, the charter of any municipality;
(4) The term "bonds" shall mean bonds, interim receipts,
certificates, or other obligations of a municipality issued or to
be issued by its governing body for the purpose of financing
or aiding in the financing of any work, undertaking or project
for which a loan or grant, or both, has heretofore been made
or may hereafter be made by any federal agency;
(5) The term "Recovery Act" shall mean any acts of the
congress of the United States of America to reduce and
relieve unemployment or to provide for the construction of
public works;
(6) The term "federal agency" shall include the United
States of America, the president of the United States of
America, and any agency or instrumentality of the United
States of America, which has heretofore been or hereafter
may be designated, created or authorized to make loans or
grants;
39.28.010
[Title 39 RCW—page 39]
39.28.020
Title 39 RCW: Public Contracts and Indebtedness
(7) The term "public works project" shall mean any
work, project, or undertaking which any municipality, is
authorized or required by law to undertake or any lawful purpose for which any municipality is authorized or required by
law to make an appropriation;
(8) The term "contract" or "agreement" between a federal agency and a municipality shall include contracts and
agreements in the customary form and shall also be deemed
to include an allotment of funds, resolution, unilateral promise, or commitment by a federal agency by which it shall
undertake to make a loan or grant, or both, upon the performance of specified conditions or compliance with rules and
regulations theretofore or thereafter promulgated, prescribed
or published by a federal agency. In the case of such an allotment of funds, resolution, unilateral promise, or commitment
by a federal agency, the terms, conditions and restrictions
therein set forth and the rules and regulations theretofore or
thereafter promulgated, prescribed or published shall, for the
purpose of RCW 39.28.010 through 39.28.030, be deemed to
constitute covenants of such a contract which shall be performed by the municipality, if the municipality accepts any
money from such federal agency. [1971 c 76 § 4; 1937 c 107
§ 2; RRS § 10322A-8. Prior: 1935 c 107 § 2; RRS § 10322A2.]
Short title: "This act may be cited as ’The Municipal Emergency Procedure Act (Revision of 1937)’." [1937 c 107 § 1; RRS § 10322A-7. Prior:
1935 c 107 § 1; RRS § 10322A-1.]
Additional notes found at www.leg.wa.gov
39.28.020 Powers conferred. Every municipality shall
have power and is hereby authorized:
(1) To accept from any federal agency grants for or in aid
of the construction of any public works project;
(2) To make contracts and execute instruments containing such terms, provisions, and conditions as in the discretion
of the governing body of the municipality may be necessary,
proper or advisable for the purpose of obtaining grants or
loans, or both, from any federal agency pursuant to or by virtue of the Recovery Act; to make all other contracts and execute all other instruments necessary, proper or advisable in or
for the furtherance of any public works project and to carry
out and perform the terms and conditions of all such contracts
or instruments;
(3) To subscribe to and comply with the Recovery Act
and any rules and regulations made by any federal agency
with regard to any grants or loans, or both, from any federal
agency;
(4) To perform any acts authorized under RCW
39.28.010 through 39.28.030 through or by means of its own
officers, agents and employees, or by contracts with corporations, firms or individuals;
(5) To award any contract for the construction of any
public works project or part thereof upon any day at least fifteen days after one publication of a notice requesting bids
upon such contract in a newspaper of general circulation in
the municipality: PROVIDED, That in any case where publication of notice may be made in a shorter period of time
under the provisions of existing statute or charter, such statute or charter shall govern;
(6) To sell bonds at private sale to any federal agency
without any public advertisement;
39.28.020
[Title 39 RCW—page 40]
(7) To issue interim receipts, certificates or other temporary obligations, in such form and containing such terms,
conditions and provisions as the governing body of the
municipality issuing the same may determine, pending the
preparation or execution of definite bonds for the purpose of
financing the construction of a public works project;
(8) To issue bonds bearing the signatures of officers in
office on the date of signing such bonds, notwithstanding that
before delivery thereof any or all the persons whose signatures appear thereon shall have ceased to be the officers of the
municipality issuing the same;
(9) To include in the cost of a public works project which
may be financed by the issuance of bonds: (a) Engineering,
inspection, accounting, fiscal and legal expenses; (b) the cost
of issuance of the bonds, including engraving, printing,
advertising, and other similar expenses; (c) any interest costs
during the period of construction of such public works
project and for six months thereafter on money borrowed or
estimated to be borrowed;
(10) To stipulate in any contract for the construction of
any public works project or part thereof the maximum hours
that any laborer, worker, or mechanic should be permitted or
required to work in any one calendar day or calendar week or
calendar month, and the minimum wages to be paid to laborers, workers, or mechanics in connection with any public
works project: PROVIDED, That no such stipulation shall
provide for hours in excess of or for wages less than may now
or hereafter be required by any other law;
(11) To exercise any power conferred by RCW
39.28.010 through 39.28.030 for the purpose of obtaining
grants or loans, or both, from any federal agency pursuant to
or by virtue of the Recovery Act, independently or in conjunction with any other power or powers conferred by RCW
39.28.010 through 39.28.030 or heretofore or hereafter conferred by any other law;
(12) To do all acts and things necessary or convenient to
carry out the powers expressly given in RCW 39.28.010
through 39.28.030. [1989 c 12 § 12; 1937 c 107 § 3; RRS §
10322A-9. Prior: 1935 c 107 § 3; RRS § 10322A-3.]
Additional notes found at www.leg.wa.gov
39.28.030 Construction of act. The powers conferred
by RCW 39.28.010 through 39.28.030 shall be in addition
and supplemental to and not in substitution for the powers
now or hereafter conferred upon any municipality by any
other law. RCW 39.28.010 through 39.28.030 is intended to
aid in relieving the existing emergency by simplifying the
procedure for the construction and financing of public works
projects. RCW 39.28.010 through 39.28.030 is remedial in
nature and the powers hereby granted shall be liberally construed. Nothing in RCW 39.28.010 through 39.28.030 shall
be construed to authorize the issuance of bonds for any purpose by any municipality not authorized to issue bonds for
such purpose under any other law heretofore or hereafter
enacted, nor to dispense with the approval by a state department, board, officer or commission of a public works project
where such approval is necessary under provisions of existing law: PROVIDED, That any port district which is now
indebted in an amount equal to or in excess of the indebtedness which may be contracted without a vote of the electors
39.28.030
(2010 Ed.)
Personal Service Contracts
of the district is hereby authorized, for the purposes of RCW
39.28.010 through 39.28.030, through its governing body, to
contract a further indebtedness and borrow money for port
purposes and issue general bonds therefor, as in RCW
39.28.010 through 39.28.030 provided, in an additional
amount not exceeding three-sixteenths of one percent of the
value of the taxable property in the district, as the term "value
of the taxable property" is defined in RCW 39.36.015, without the assent of the voters of the district: PROVIDED, FURTHER, That such additional indebtedness together with the
existing indebtedness of such port district shall not exceed
the total indebtedness permitted to be incurred by such port
district under existing laws. [1970 ex.s. c 42 § 25; 1937 c 107
§ 4; RRS § 10322A-10. Prior: 1935 c 107 § 4; RRS §
10322A-4.]
Additional notes found at www.leg.wa.gov
39.28.040 Loans and grants to finance preliminary
public works expenditures. The state of Washington, its
various counties, municipal corporations, quasi municipal
corporations, cities, towns, villages and all other political
subdivisions of the state are hereby authorized to accept from
the federal government all loans, advances, grants in aid, or
donations that may be made available by any federal agency
for the purpose of financing the cost of architectural, engineering, and economic investigations and studies, surveys,
designs, plans, working drawings, specifications, procedures,
and other acts preliminary to the construction of public
works. [1971 c 76 § 5; 1945 c 106 § 1; Rem. Supp. 1945 §
10322-45.]
39.28.040
Chapter 39.29
Chapter 39.29 RCW
PERSONAL SERVICE CONTRACTS
Sections
39.29.003
39.29.006
39.29.008
39.29.011
39.29.016
39.29.018
39.29.020
39.29.025
39.29.040
39.29.050
39.29.052
39.29.055
39.29.065
39.29.068
39.29.068
39.29.075
39.29.080
39.29.090
39.29.100
39.29.110
39.29.120
39.29.130
39.29.900
(2010 Ed.)
Intent.
Definitions.
Limitation on personal service contracts.
Competitive solicitation required—Exceptions.
Emergency contracts.
Sole source contracts.
Compliance—Expenditure of funds prohibited—Civil penalty.
Amendments.
Exemption of certain contracts.
Contracts subject to requirements established under office of
minority and women’s business enterprises.
Awards of procurement contracts to veteran-owned businesses.
Contracts—Filing—Public inspection—Review and
approval—Effective date.
Office of financial management to establish policies and procedures—Adjustment of dollar thresholds.
Office of financial management to maintain list of contracts—
Report to legislature (as amended by 1998 c 101).
Office of financial management to maintain list of contracts
(as amended by 1998 c 245).
Summary reports on contracts.
Data generated under personal services contracts.
Contracts awarded by institutions of higher education.
Contract management—Uniform guidelines—Guidebook.
Use of guidelines—Report to office of financial management.
Contract management—Training—Risk-based audits—
Reports.
Contract audits and investigative findings—Report by state
auditor and attorney general.
Severability—1987 c 414.
39.29.006
39.29.003 Intent. It is the intent of this chapter to establish a policy of open competition for all personal service contracts entered into by state agencies, unless specifically
exempted under this chapter. It is further the intent to provide
for legislative and executive review of all personal service
contracts, to centralize the location of information about personal service contracts for ease of public review, and ensure
proper accounting of personal services expenditures. [1998 c
101 § 1; 1993 c 433 § 1; 1987 c 414 § 1; 1979 ex.s. c 61 § 1.]
39.29.003
39.29.006 Definitions. As used in this chapter:
(1) "Agency" means any state office or activity of the
executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards,
commissions, and educational, correctional, and other types
of institutions.
(2) "Client services" means services provided directly to
agency clients including, but not limited to, medical and dental services, employment and training programs, residential
care, and subsidized housing.
(3) "Common vendor registration and bid notification
system" means the internet-based vendor registration and bid
notification system maintained by and housed within the
department of general administration. The requirements contained in chapter 486, Laws of 2009 shall continue to apply to
this system, regardless of future changes to its name or management structure.
(4) "Competitive solicitation" means a documented formal process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria
which may include such factors as the consultant’s fees or
costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation
requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.
"Competitive solicitation" includes posting of the contract
opportunity on the state’s common vendor registration and
bid notification system.
(5) "Consultant" means an independent individual or
firm contracting with an agency to perform a service or render an opinion or recommendation according to the consultant’s methods and without being subject to the control of the
agency except as to the result of the work. The agency monitors progress under the contract and authorizes payment.
(6) "Emergency" means a set of unforeseen circumstances beyond the control of the agency that either:
(a) Present a real, immediate threat to the proper performance of essential functions; or
(b) May result in material loss or damage to property,
bodily injury, or loss of life if immediate action is not taken.
(7) "Evidence of competition" means documentation
demonstrating that the agency has solicited responses from
multiple firms in selecting a consultant. "Evidence of competition" includes documentation that the agency has posted the
contract opportunity on the state’s common vendor registration and bid notification system.
(8) "Personal service" means professional or technical
expertise provided by a consultant to accomplish a specific
study, project, task, or other work statement. This term does
not include purchased services as defined under subsection
(10) of this section. This term does include client services.
39.29.006
[Title 39 RCW—page 41]
39.29.008
Title 39 RCW: Public Contracts and Indebtedness
(9) "Personal service contract" means an agreement, or
any amendment thereto, with a consultant for the rendering of
personal services to the state which is consistent with RCW
41.06.142.
(10) "Purchased services" means services provided by a
vendor to accomplish routine, continuing and necessary functions. This term includes, but is not limited to, services
acquired under RCW 43.19.190 or 43.105.041 for equipment
maintenance and repair; operation of a physical plant; security; computer hardware and software maintenance; data
entry; key punch services; and computer time-sharing, contract programming, and analysis.
(11) "Small business" means an in-state business, including a sole proprietorship, corporation, partnership, or other
legal entity that is owned and operated independently from
all other businesses and has either (a) fifty or fewer employees, or (b) a gross revenue of less than seven million dollars
annually as reported on its federal income tax return or its
return filed with the department of revenue over the previous
three consecutive years. As used in this definition, "in-state
business" means a business that has its principal office
located in Washington and its officers domiciled in Washington.
(12) "Sole source" means a consultant providing professional or technical expertise of such a unique nature that the
consultant is clearly and justifiably the only practicable
source to provide the service. The justification shall be based
on either the uniqueness of the service or sole availability at
the location required. [2009 c 486 § 6; 2002 c 354 § 235;
1998 c 101 § 2; 1993 c 433 § 2; 1987 c 414 § 2; 1981 c 263 §
1; 1979 ex.s. c 61 § 2.]
Intent—2009 c 486: "In addition to providing integrated, tailored management and technical assistance services to Washington small businesses,
the legislature intends that the state shall further support them by developing
procurement policies, procedures, and materials that encourage and facilitate
state agency purchase of products and services from Washington small businesses." [2009 c 486 § 5.]
Conflict with federal requirements—2009 c 486: See note following
RCW 28B.30.530.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
39.29.008 Limitation on personal service contracts.
Personal services may be procured only to resolve a particular agency problem or issue or to expedite a specific project
that is temporary in nature. An agency may procure personal
services only if it documents that:
(1) The service is critical to agency responsibilities or
operations, or is mandated or authorized by the legislature;
(2) Sufficient staffing or expertise is not available within
the agency to perform the service; and
(3) Other qualified public resources are not available to
perform the service. [1993 c 433 § 6.]
39.29.008
39.29.011 Competitive solicitation required—Exceptions. All personal service contracts shall be entered into
pursuant to competitive solicitation, except for:
(1) Emergency contracts;
(2) Sole source contracts;
(3) Contract amendments;
(4) Contracts between a consultant and an agency of less
than twenty thousand dollars. However, contracts of five
39.29.011
[Title 39 RCW—page 42]
thousand dollars or greater but less than twenty thousand dollars shall have documented evidence of competition, which
must include agency posting of the contract opportunity on
the state’s common vendor registration and bid notification
system. Agencies shall not structure contracts to evade these
requirements; and
(5) Other specific contracts or classes or groups of contracts exempted from the competitive solicitation process by
the director of the office of financial management when it has
been determined that a competitive solicitation process is not
appropriate or cost-effective. [2009 c 486 § 7; 1998 c 101 §
3; 1987 c 414 § 3.]
Intent—2009 c 486: See note following RCW 39.29.006.
Conflict with federal requirements—2009 c 486: See note following
RCW 28B.30.530.
39.29.016 Emergency contracts. Emergency contracts
shall be filed with the office of financial management and
made available for public inspection within three working
days following the commencement of work or execution of
the contract, whichever occurs first. Documented justification for emergency contracts shall be provided to the office of
financial management when the contract is filed. [1998 c 101
§ 4; 1996 c 288 § 29; 1987 c 414 § 4.]
39.29.016
39.29.018 Sole source contracts. (1) Sole source contracts shall be filed with the office of financial management
and made available for public inspection at least ten working
days prior to the proposed starting date of the contract. Documented justification for sole source contracts shall be provided to the office of financial management when the contract is filed, and must include evidence that the agency
posted the contract opportunity on the state’s common vendor registration and bid notification system. For sole source
contracts of twenty thousand dollars or more, documented
justification shall also include evidence that the agency
attempted to identify potential consultants by advertising
through statewide or regional newspapers.
(2) The office of financial management shall approve
sole source contracts of twenty thousand dollars or more
before any such contract becomes binding and before any services may be performed under the contract. These requirements shall also apply to sole source contracts of less than
twenty thousand dollars if the total amount of such contracts
between an agency and the same consultant is twenty thousand dollars or more within a fiscal year. Agencies shall
ensure that the costs, fees, or rates negotiated in filed sole
source contracts of twenty thousand dollars or more are reasonable. [2009 c 486 § 8; 1998 c 101 § 5; 1996 c 288 § 30;
1993 c 433 § 5; 1987 c 414 § 5.]
39.29.018
Intent—2009 c 486: See note following RCW 39.29.006.
Conflict with federal requirements—2009 c 486: See note following
RCW 28B.30.530.
39.29.020 Compliance—Expenditure of funds prohibited—Civil penalty. No state officer or activity of state
government subject to this chapter shall expend any funds for
personal service contracts unless the agency has complied
with the competitive procurement and other requirements of
this chapter. The state officer or employee executing the per39.29.020
(2010 Ed.)
Personal Service Contracts
39.29.055
sonal service contracts shall be responsible for compliance
with the requirements of this chapter. Failure to comply with
the requirements of this chapter shall subject the state officer
or employee to a civil penalty in the amount of three hundred
dollars. A consultant who knowingly violates this chapter in
seeking or performing work under a personal services contract shall be subject to a civil penalty of three hundred dollars or twenty-five percent of the amount of the contract,
whichever is greater. The state auditor is responsible for
auditing violations of this chapter. The attorney general is
responsible for prosecuting violations of this chapter. [1987
c 414 § 6; 1974 ex.s. c 191 § 2.]
(7) Contracts for architectural and engineering services
as defined in RCW 39.80.020, which shall be entered into
under chapter 39.80 RCW;
(8) Contracts for the employment of expert witnesses for
the purposes of litigation;
(9) Contracts for bank supervision authorized under
RCW 30.38.040; and
(10) Contracts for interpreter services and interpreter
brokerage services on behalf of limited-English speaking or
sensory-impaired applicants and recipients of public assistance. [2002 c 260 § 11; 2002 c 200 § 2; 1998 c 101 § 7; 1996
c 2 § 19; 1995 c 80 § 1; 1987 c 414 § 7; 1986 c 33 § 3; 1979
ex.s. c 61 § 4.]
39.29.025 Amendments. (1) Substantial changes in
either the scope of work specified in the contract or in the
scope of work specified in the formal solicitation document
must generally be awarded as new contracts. Substantial
changes executed by contract amendments must be submitted
to the office of financial management, and are subject to
approval by the office of financial management.
(2) An amendment or amendments to personal service
contracts, if the value of the amendment or amendments,
whether singly or cumulatively, exceeds fifty percent of the
value of the original contract must be provided to the office
of financial management.
(3) The office of financial management shall approve
amendments provided to it under this section before the
amendments become binding and before services may be performed under the amendments.
(4) The amendments must be filed with the office of
financial management and made available for public inspection at least ten working days prior to the proposed starting
date of services under the amendments.
(5) The office of financial management shall approve
amendments provided to it under this section only if they
meet the criteria for approval of the amendments established
by the director of the office of financial management. [1998
c 101 § 6; 1996 c 288 § 31; 1993 c 433 § 3.]
Reviser’s note: This section was amended by 2002 c 200 § 2 and by
2002 c 260 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
39.29.025
39.29.040 Exemption of certain contracts. This chapter does not apply to:
(1) Contracts specifying a fee of less than five thousand
dollars if the total of the contracts from that agency with the
contractor within a fiscal year does not exceed five thousand
dollars;
(2) Contracts awarded to companies that furnish a service where the tariff is established by the utilities and transportation commission or other public entity;
(3) Intergovernmental agreements awarded to any governmental entity, whether federal, state, or local and any
department, division, or subdivision thereof;
(4) Contracts awarded for services to be performed for a
standard fee, when the standard fee is established by the contracting agency or any other governmental entity and a like
contract is available to all qualified applicants;
(5) Contracts for services that are necessary to the conduct of collaborative research if prior approval is granted by
the funding source;
(6) Contracts for client services except as otherwise indicated in this chapter;
39.29.040
(2010 Ed.)
Findings—2002 c 200: "The legislature finds that limited-English
speaking and sensory-impaired applicants and recipients of public assistance
often require interpreter services in order to communicate effectively with
employees of the department of social and health services, medical professionals, and other social services personnel. The legislature further finds that
interpreter services can be procured and delivered through a variety of different means. It is in the public’s interest for the department to deliver interpreter services, to the extent funds are available, by the means which it determines most cost-effectively ensure that limited-English speaking and sensory-impaired persons are able to communicate with department employees
and service providers." [2002 c 200 § 1.]
Additional notes found at www.leg.wa.gov
39.29.050 Contracts subject to requirements established under office of minority and women’s business
enterprises. All contracts entered into under this chapter on
or after September 1, 1983, are subject to the requirements
established under chapter 39.19 RCW. [1983 c 120 § 12.]
39.29.050
Additional notes found at www.leg.wa.gov
39.29.052 Awards of procurement contracts to veteran-owned businesses. All procurement contracts entered
into under this chapter on or after June 10, 2010, are subject
to the requirements established under RCW 43.60A.200.
[2010 c 5 § 9.]
39.29.052
Purpose—Construction—2010 c 5: See notes following RCW
43.60A.010.
39.29.055 Contracts—Filing—Public inspection—
Review and approval—Effective date. (1) Personal service
contracts subject to competitive solicitation shall be (a) filed
with the office of financial management and made available
for public inspection; and (b) reviewed and approved by the
office of financial management when those contracts provide
services relating to management consulting, organizational
development, marketing, communications, employee training, or employee recruiting.
(2) Personal service contracts subject to competitive
solicitation that provide services relating to management consulting, organizational development, marketing, communications, employee training, or employee recruiting shall be
made available for public inspection at least ten working days
before the proposed starting date of the contract. All other
contracts shall be effective no earlier than the date they are
filed with the office of financial management. [1998 c 101 §
8; 1996 c 288 § 32; 1993 c 433 § 7.]
39.29.055
[Title 39 RCW—page 43]
39.29.065
Title 39 RCW: Public Contracts and Indebtedness
39.29.065 Office of financial management to establish policies and procedures—Adjustment of dollar
thresholds. To implement this chapter, the director of the
office of financial management shall establish procedures for
the competitive solicitation and award of personal service
contracts, recordkeeping requirements, and procedures for
the reporting and filing of contracts. The director shall
develop procurement policies and procedures, such as unbundled contracting and subcontracting, that encourage and
facilitate the purchase of products and services by state agencies and institutions from Washington small businesses to the
maximum extent practicable and consistent with international trade agreement commitments. For reporting purposes, the director may establish categories for grouping of
contracts. The procedures required under this section shall
also include the criteria for amending personal service contracts. At the beginning of each biennium, the director may,
by administrative policy, adjust the dollar thresholds prescribed in RCW 39.29.011, 39.29.018, and 39.29.040 to levels not to exceed the percentage increase in the implicit price
deflator. Adjusted dollar thresholds shall be rounded to the
nearest five hundred dollar increment. [2009 c 486 § 9; 1998
c 101 § 9; 1987 c 414 § 8.]
39.29.065
Intent—2009 c 486: See note following RCW 39.29.006.
Conflict with federal requirements—2009 c 486: See note following
RCW 28B.30.530.
39.29.068
39.29.068 Office of financial management to maintain list of contracts—Report to legislature (as amended by 1998 c 101). The office of
financial management shall maintain a publicly available list of all personal
service contracts entered into by state agencies during each fiscal year. The
list shall identify the contracting agency, the contractor, the purpose of the
contract, effective dates and periods of performance, the cost of the contract
and funding source, any modifications to the contract, and whether the contract was competitively procured or awarded on a sole source basis. The
office of financial management shall also ensure that state accounting definitions and procedures are consistent with RCW 39.29.006 and permit the
reporting of personal services expenditures by agency and by type of service.
Designations of type of services shall include, but not be limited to, management and organizational services, legal and expert witness services, financial
services, computer and information services, social or technical research,
marketing, communications, and employee training or recruiting services.
The office of financial management shall report annually to the fiscal committees of the senate and house of representatives on sole source contracts
filed under this chapter. The report shall describe: (1) The number and
aggregate value of contracts for each category established in this section; (2)
the number and aggregate value of contracts of ((two)) five thousand ((five
hundred)) dollars or greater but less than ((ten)) twenty thousand dollars; (3)
the number and aggregate value of contracts of ((ten)) twenty thousand dollars or greater; (4) the justification provided by agencies for the use of sole
source contracts; and (5) any trends in the use of sole source contracts. [1998
c 101 § 10; 1993 c 433 § 8.]
39.29.068
39.29.068 Office of financial management to maintain list of contracts (as amended by 1998 c 245). The office of financial management
shall maintain a publicly available list of all personal service contracts
entered into by state agencies during each fiscal year. The list shall identify
the contracting agency, the contractor, the purpose of the contract, effective
dates and periods of performance, the cost of the contract and funding
source, any modifications to the contract, and whether the contract was competitively procured or awarded on a sole source basis. The office of financial
management shall also ensure that state accounting definitions and procedures are consistent with RCW 39.29.006 and permit the reporting of personal services expenditures by agency and by type of service. Designations
of type of services shall include, but not be limited to, management and organizational services, legal and expert witness services, financial services,
computer and information services, social or technical research, marketing,
communications, and employee training or recruiting services. ((The office
[Title 39 RCW—page 44]
of financial management shall report annually to the fiscal committees of the
senate and house of representatives on sole source contracts filed under this
chapter. The report shall describe: (1) The number and aggregate value of
contracts for each category established in this section; (2) the number and
aggregate value of contracts of two thousand five hundred dollars or greater
but less than ten thousand dollars; (3) the number and aggregate value of
contracts of ten thousand dollars or greater; (4) the justification provided by
agencies for the use of sole source contracts; and (5) any trends in the use of
sole source contracts.)) [1998 c 245 § 33; 1993 c 433 § 8.]
Reviser’s note: RCW 39.29.068 was amended twice during the 1998
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
39.29.075 Summary reports on contracts. As
requested by the legislative auditor, the office of financial
management shall provide information on contracts filed
under this chapter for use in preparation of summary reports
on personal services contracts. [1987 c 414 § 9.]
39.29.075
39.29.080 Data generated under personal services
contracts. A state agency may not enter into a personal services contract with a consultant under which the consultant
could charge additional costs to the agency, the joint legislative audit and review committee, or the state auditor for
access to data generated under the contract. A consultant
under such contract shall provide access to data generated
under the contract to the contracting agency, the joint legislative audit and review committee, and the state auditor. For
purposes of this section, "data" includes all information that
supports the findings, conclusions, and recommendations of
the consultant’s reports, including computer models and the
methodology for those models. [1997 c 373 § 1.]
39.29.080
39.29.090 Contracts awarded by institutions of
higher education. Personal service contracts awarded by
institutions of higher education from nonstate funds do not
have to be filed in advance and approved by the office of
financial management. Any such contract is subject to all
other requirements of this chapter, including the requirements under *RCW 39.29.068 for annual reporting of personal service contracts to the office of financial management.
[1998 c 101 § 11.]
39.29.090
*Reviser’s note: Annual reporting requirements under RCW 39.29.068
were amended by 1998 c 101 § 10, and removed by 1998 c 245 § 33.
39.29.100 Contract management—Uniform guidelines—Guidebook. (1) The office of financial management
shall adopt uniform guidelines for the effective and efficient
management of personal service contracts and client service
contracts by all state agencies. The guidelines must, at a minimum, include:
(a) Accounting methods, systems, measures, and principles to be used by agencies and contractors;
(b) Precontract procedures for selecting potential contractors based on their qualifications and ability to perform;
(c) Incorporation of performance measures and measurable benchmarks in contracts, and the use of performance
audits;
(d) Uniform contract terms to ensure contract performance and compliance with state and federal standards;
39.29.100
(2010 Ed.)
Contracts—Indebtedness Limitations—Competitive Bidding Violations
(e) Proper payment and reimbursement methods to
ensure that the state receives full value for taxpayer moneys,
including cost settlements and cost allowance;
(f) Postcontract procedures, including methods for
recovering improperly spent or overspent moneys for disallowance and adjustment;
(g) Adequate contract remedies and sanctions to ensure
compliance;
(h) Monitoring, fund tracking, risk assessment, and
auditing procedures and requirements;
(i) Financial reporting, record retention, and record
access procedures and requirements;
(j) Procedures and criteria for terminating contracts for
cause or otherwise; and
(k) Any other subject related to effective and efficient
contract management.
(2) The office of financial management shall submit the
guidelines required by subsection (1) of this section to the
governor and the appropriate standing committees of the legislature no later than December 1, 2002.
(3) The office of financial management shall publish a
guidebook for use by state agencies containing the guidelines
required by subsection (1) of this section. [2002 c 260 § 7.]
Effective date—2002 c 260 § 7: "Section 7 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 29, 2002]." [2002 c 260 § 12.]
39.30.010
approved by the office of financial management prior to the
employee executing or managing the contract.
(2)(a) The office of financial management shall conduct
risk-based audits of the contracting practices associated with
individual personal service and client service contracts from
multiple state agencies to ensure compliance with the guidelines established in RCW 39.29.110. The office of financial
management shall conduct the number of audits deemed
appropriate by the director of the office of financial management based on funding provided.
(b) The office of financial management shall forward the
results of the audits conducted under this section to the governor, the appropriate standing committees of the legislature,
and the joint legislative audit and review committee. [2002 c
260 § 9.]
Effective date—2002 c 260 §§ 8 and 9: See note following RCW
39.29.110.
39.29.130 Contract audits and investigative findings—Report by state auditor and attorney general. The
state auditor and the attorney general shall annually by
November 30th of each year provide a collaborative report of
contract audit and investigative findings, enforcement
actions, and the status of agency resolution to the governor
and the policy and fiscal committees of the legislature. [2002
c 260 § 10.]
39.29.130
39.29.900 Severability—1987 c 414. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 414 § 13.]
39.29.900
39.29.110 Use of guidelines—Report to office of
financial management. (1) A state agency entering into or
renewing personal service contracts or client service contracts shall follow the guidelines required by RCW
39.29.100.
(2) A state agency that has entered into or renewed personal service contracts or client service contracts during a
calendar year shall, on or before January 1st of the following
calendar year, provide the office of financial management
with a report detailing the procedures the agency employed in
entering into, renewing, and managing the contracts.
(3) The provisions of this section apply to state agencies
entering into or renewing contracts after January 1, 2003.
[2002 c 260 § 8.]
39.29.110
Effective date—2002 c 260 §§ 8 and 9: "Sections 8 and 9 of this act
take effect January 1, 2003." [2002 c 260 § 13.]
39.29.120 Contract management—Training—Riskbased audits—Reports. (1) The office of financial management shall provide a training course for agency personnel
responsible for executing and managing personal service
contracts and client service contracts. The course must contain training on effective and efficient contract management
under the guidelines established under RCW 39.29.100. State
agencies shall require agency employees responsible for executing or managing personal service contracts and client service contracts to complete the training course to the satisfaction of the office of financial management. Beginning January 1, 2004, no agency employee may execute or manage
personal service contracts or client service contracts unless
the employee has completed the training course. Any request
for exception to this requirement shall be submitted to the
office of financial management in writing and shall be
Chapter 39.30 RCW
CONTRACTS—INDEBTEDNESS LIMITATIONS—
COMPETITIVE BIDDING VIOLATIONS
Chapter 39.30
Sections
39.30.010
39.30.020
39.30.040
39.30.045
39.30.050
39.29.120
(2010 Ed.)
39.30.060
39.30.070
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Contracts requiring competitive bidding or procurement of
services—Violations by municipal officer—Penalties.
Purchases—Competitive bidding—Local governments may
consider tax revenues—Purchase of recycled or reused materials or products.
Purchase at auctions.
Contracts to require use of paper products meeting certain
specifications.
Bids on public works—Identification, substitution of subcontractors.
Exceptions—Contracts or development agreements related to
stadium and exhibition center.
39.30.010 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. Any city or town or metropolitan park district or
county or library district may execute an executory conditional sales contract with a county or counties, the state or any
of its political subdivisions, the government of the United
States, or any private party for the purchase of any real or personal property, or property rights in connection with the exercise of any powers or duties which they now or hereafter are
authorized to exercise, if the entire amount of the purchase
price specified in such contract does not result in a total
39.30.010
[Title 39 RCW—page 45]
39.30.020
Title 39 RCW: Public Contracts and Indebtedness
indebtedness in excess of three-fourths of one percent of the
value of the taxable property in such library district or the
maximum amount of nonvoter-approved indebtedness authorized in such county, city, town, or metropolitan park district.
If such a proposed contract would result in a total indebtedness in excess of this amount, a proposition in regard to
whether or not such a contract may be executed shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes are submitted to the
voters. Any city or town or metropolitan park district or
county or library district may jointly execute contracts authorized by this section, if the entire amount of the purchase
price does not result in a joint total indebtedness in excess of
the nonvoter-approved indebtedness limitation of any city,
town, metropolitan park district, county, or library district
that participates in the jointly executed contract. The term
"value of the taxable property" shall have the meaning set
forth in RCW 39.36.015. [1997 c 361 § 2; 1970 ex.s. c 42 §
26; 1963 c 92 § 1; 1961 c 158 § 1.]
Additional notes found at www.leg.wa.gov
39.30.020 Contracts requiring competitive bidding
or procurement of services—Violations by municipal
officer—Penalties. In addition to any other remedies or penalties contained in any law, municipal charter, ordinance, resolution or other enactment, any municipal officer by or
through whom or under whose supervision, in whole or in
part, any contract is made in willful and intentional violation
of any law, municipal charter, ordinance, resolution or other
enactment requiring competitive bidding or procurement procedures for consulting, architectural, engineering, or other
services, upon such contract shall be held liable to a civil penalty of not less than three hundred dollars and may be held
liable, jointly and severally with any other such municipal
officer, for all consequential damages to the municipal corporation. If, as a result of a criminal action, the violation is
found to have been intentional, the municipal officer shall
immediately forfeit his or her office. For purposes of this
section, "municipal officer" means an "officer" or "municipal
officer" as those terms are defined in RCW 42.23.020(2).
[2008 c 130 § 2; 1974 ex.s. c 74 § 1.]
39.30.020
Contracts by cities or towns, bidding requirements: RCW 35.23.352.
39.30.040 Purchases—Competitive bidding—Local
governments may consider tax revenues—Purchase of
recycled or reused materials or products. (1) Whenever a
unit of local government is required to make purchases from
the lowest bidder or from the supplier offering the lowest
price for the items desired to be purchased, the unit of local
government may, at its option when awarding a purchase
contract, take into consideration tax revenue it would receive
from purchasing the supplies, materials, or equipment from a
supplier located within its boundaries. The unit of local government must award the purchase contract to the lowest bidder after such tax revenue has been considered. However, any
local government may allow for preferential purchase of
products made from recycled materials or products that may
be recycled or reused. The tax revenues which units of local
government may consider include sales taxes that the unit of
local government imposes upon the sale of such supplies,
39.30.040
[Title 39 RCW—page 46]
materials, or equipment from the supplier to the unit of local
government, and business and occupation taxes that the unit
of local government imposes upon the supplier that are measured by the gross receipts of the supplier from such sale.
Any unit of local government which considers tax revenues it
would receive from the imposition of taxes upon a supplier
located within its boundaries, shall also consider tax revenues
it would receive from taxes it imposes upon a supplier located
outside its boundaries.
(2) As used in this section, the term "unit of local government" means any county, city, town, metropolitan municipal
corporation, public transit benefit area, county transportation
authority, or other municipal or quasi-municipal corporation
authorized to impose sales and use taxes or business and
occupation taxes. [1989 c 431 § 58; 1985 c 72 § 1.]
Additional notes found at www.leg.wa.gov
39.30.045
39.30.045 Purchase at auctions. Any municipality, as
defined in RCW 39.04.010, may purchase any supplies,
equipment, or materials at auctions conducted by the government of the United States or any agency thereof, any agency
of the state of Washington, any municipality or other government agency, or any private party without being subject to
public bidding requirements if the items can be obtained at a
competitive price. [1993 c 198 § 4; 1991 c 363 § 112.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
39.30.050
39.30.050 Contracts to require use of paper products
meeting certain specifications. Any contract by a governmental unit shall require the use of paper products to the maximum extent economically feasible that meet the specifications established by the department of general administration
under RCW 43.19.538. [1982 c 61 § 4.]
39.30.060
39.30.060 Bids on public works—Identification, substitution of subcontractors. (1) Every invitation to bid on a
prime contract that is expected to cost one million dollars or
more for the construction, alteration, or repair of any public
building or public work of the state or a state agency or
municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016
shall require each prime contract bidder to submit as part of
the bid, or within one hour after the published bid submittal
time, the names of the subcontractors with whom the bidder,
if awarded the contract, will subcontract for performance of
the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and
electrical as described in chapter 19.28 RCW, or to name
itself for the work. The prime contract bidder shall not list
more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in
which case the prime contract bidder must indicate which
subcontractor will be used for which alternate. Failure of the
prime contract bidder to submit as part of the bid the names
of such subcontractors or to name itself to perform such work
or the naming of two or more subcontractors to perform the
same work shall render the prime contract bidder’s bid nonresponsive and, therefore, void.
(2010 Ed.)
Acquisition of Governmental Property
(2) Substitution of a listed subcontractor in furtherance
of bid shopping or bid peddling before or after the award of
the prime contract is prohibited and the originally listed subcontractor is entitled to recover monetary damages from the
prime contract bidder who executed a contract with the public entity and the substituted subcontractor but not from the
public entity inviting the bid. It is the original subcontractor’s burden to prove by a preponderance of the evidence that
bid shopping or bid peddling occurred. Substitution of a
listed subcontractor may be made by the prime contractor for
the following reasons:
(a) Refusal of the listed subcontractor to sign a contract
with the prime contractor;
(b) Bankruptcy or insolvency of the listed subcontractor;
(c) Inability of the listed subcontractor to perform the
requirements of the proposed contract or the project;
(d) Inability of the listed subcontractor to obtain the necessary license, bonding, insurance, or other statutory requirements to perform the work detailed in the contract; or
(e) The listed subcontractor is barred from participating
in the project as a result of a court order or summary judgment.
(3) The requirement of this section to name the prime
contract bidder’s proposed HVAC, plumbing, and electrical
subcontractors applies only to proposed HVAC, plumbing,
and electrical subcontractors who will contract directly with
the prime contract bidder submitting the bid to the public
entity.
(4) This section does not apply to job order contract
requests for proposals under *RCW 39.10.130. [2003 c 301
§ 5; 2002 c 163 § 2; 1999 c 109 § 1; 1995 c 94 § 1; 1994 c 91
§ 1; 1993 c 378 § 1.]
*Reviser’s note: RCW 39.10.130 was recodified as RCW 39.10.420
pursuant to 2007 c 494 § 511, effective July 1, 2007.
Intent—2002 c 163: "This act is intended to discourage bid shopping
and bid peddling on Washington state public building and works projects."
[2002 c 163 § 1.]
Additional notes found at www.leg.wa.gov
39.30.070 Exceptions—Contracts or development
agreements related to stadium and exhibition center. This
chapter does not apply to contracts entered into under RCW
36.102.060(4) or development agreements entered into under
RCW 36.102.060(7). [1997 c 220 § 403 (Referendum Bill
No. 48, approved June 17, 1997).]
39.30.070
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Additional notes found at www.leg.wa.gov
39.32.060
39.32.070
39.32.080
39.32.090
39.32.020
Rules and regulations.
Purchase of property from federal government authorized—
Authority to contract—Bidding—Payment.
Purchase of property from federal government authorized—
Inconsistent provisions suspended.
Purchases by political subdivisions from or through United
States authorized.
Authority of counties to receive and distribute federal surplus commodities
to needy: RCW 36.39.040.
Disposal of surplus property: RCW 39.33.020.
Public assistance recipients, certification of to receive federal surplus commodities: RCW 74.04.340 through 74.04.360.
State purchasing and material control director: RCW 43.19.190.
39.32.010 Definitions. For the purposes of RCW
39.32.010 through 39.32.060:
The term "eligible donee" means any public agency carrying out or promoting for the residents of a given political
area one or more public purposes, such as conservation, economic development, education, parks and recreation, public
health, and public safety; or nonprofit educational or public
health institutions or organizations, such as medical institutions, hospitals, clinics, health centers, schools, colleges, universities, schools for persons with intellectual disabilities,
schools for persons with physical disabilities, child care centers, radio and television stations licensed by the federal communications commission as educational radio or educational
television stations, museums attended by the public, and public libraries serving all residents of a community, district,
state, or region, and which are exempt from taxation under
Section 501 of the Internal Revenue Code of 1954, for purposes of education or public health, including research for
any such purpose.
The term "public agency" means the state or any subdivision thereof, including any unit of local government, economic development district, emergency services organization, or any instrumentality created by compact or other
agreement between the state and a political subdivision, or
any Indian tribe, band, group, or community located on a
state reservation.
The term "surplus property" means any property, title to
which is in the federal, state, or local government or any
department or agency thereof, and which property is to be
disposed of as surplus under any act of congress or the legislature or local statute, heretofore or hereafter enacted providing for such disposition. [2010 c 94 § 10; 1995 c 137 § 2;
1977 ex.s. c 135 § 1; 1967 ex.s. c 70 § 1; 1945 c 205 § 1;
Rem. Supp. 1945 § 10322-60.]
39.32.010
Purpose—2010 c 94: See note following RCW 44.04.280.
39.32.020 Acquisition of surplus property authorized. The director of general administration is hereby
authorized to purchase, lease or otherwise acquire from federal, state, or local government or any surplus property disposal agency thereof surplus property to be used in accordance with the provisions of this chapter. [1995 c 137 § 3;
1977 ex.s. c 135 § 2; 1967 ex.s. c 70 § 2; 1945 c 205 § 2;
Rem. Supp. 1945 § 10322-61.]
39.32.020
Chapter 39.32 RCW
ACQUISITION OF GOVERNMENTAL PROPERTY
Chapter 39.32
(Formerly: Purchase of federal property)
Sections
39.32.010
39.32.020
39.32.035
39.32.040
(2010 Ed.)
Definitions.
Acquisition of surplus property authorized.
Administration and use of general administration services
account—Director’s authority to lease and acquire surplus
property.
Procedure to purchase—Requisitions—Price at which sold—
Disposition of proceeds—Duties of governor.
Authority of superintendent of public instruction to acquire federal surplus
or donated food commodities for school district hot lunch program:
Chapter 28A.235 RCW.
[Title 39 RCW—page 47]
39.32.035
Title 39 RCW: Public Contracts and Indebtedness
39.32.035
39.32.035 Administration and use of general administration services account—Director’s authority to lease
and acquire surplus property. The general administration
services account shall be administered by the director of general administration and be used for the purchase, lease or
other acquisition from time to time of surplus property from
any federal, state, or local government surplus property disposal agency. The director may purchase, lease or acquire
such surplus property on the requisition of an eligible donee
and without such requisition at such time or times as he or she
deems it advantageous to do so; and in either case he or she
shall be responsible for the care and custody of the property
purchased so long as it remains in his or her possession.
[1998 c 105 § 3; 1995 c 137 § 4; 1977 ex.s. c 135 § 3; 1967
ex.s. c 70 § 4; 1945 c 205 § 4; Rem. Supp. 1945 § 10322-63.
Formerly RCW 39.32.030, part.]
Additional notes found at www.leg.wa.gov
39.32.040
39.32.040 Procedure to purchase—Requisitions—
Price at which sold—Disposition of proceeds—Duties of
governor. In purchasing federal surplus property on requisition for any eligible donee the director may advance the purchase price thereof from the general administration services
account, and he or she shall then in due course bill the proper
eligible donee for the amount paid by him or her for the property plus a reasonable amount to cover the expense incurred
by him or her in connection with the transaction. In purchasing surplus property without requisition, the director shall be
deemed to take title outright and he or she shall then be authorized to resell from time to time any or all of such property to
such eligible donees as desire to avail themselves of the privilege of purchasing. All moneys received in payment for surplus property from eligible donees shall be deposited by the
director in the general administration services account. The
director shall sell federal surplus property to eligible donees
at a price sufficient only to reimburse the general administration services account for the cost of the property to the
account, plus a reasonable amount to cover expenses incurred
in connection with the transaction. Where surplus property is
transferred to an eligible donee without cost to the transferee,
the director may impose a reasonable charge to cover
expenses incurred in connection with the transaction. The
governor, through the director of general administration,
shall administer the surplus property program in the state and
shall perform or supervise all those functions with respect to
the program, its agencies and instrumentalities. [1998 c 105
§ 4; 1995 c 137 § 5; 1977 ex.s. c 135 § 4; 1967 ex.s. c 70 § 5;
1945 c 205 § 5; Rem. Supp. 1945 § 10322-64.]
Additional notes found at www.leg.wa.gov
39.32.060
39.32.060 Rules and regulations. The director of general administration shall have power to promulgate such rules
and regulations as may be necessary to effectuate the purposes of RCW 39.32.010 through 39.32.060 and to carry out
the provisions of the Federal Property and Administrative
Services Act of 1949, as amended. [1977 ex.s. c 135 § 5;
1967 ex.s. c 70 § 6; 1945 c 205 § 7; Rem. Supp. 1945 §
10322-66.]
[Title 39 RCW—page 48]
39.32.070 Purchase of property from federal government authorized—Authority to contract—Bidding—Payment. The state of Washington, through any department,
division, bureau, board, commission, authority, or agency
thereof, and all counties, cities, towns, and other political
subdivisions thereof, is hereby authorized to enter into any
contract with the United States of America, or with any
agency thereof, for the purchase of any equipment, supplies,
materials, or other property, without regard to the provisions
of any law requiring the advertising, giving of notices, inviting or receiving bids, or which may require the delivery of
purchases before payment, and to this end the executive head
of any such department, division, bureau, board, commission,
authority, or agency of the state, the county commissioners
and the executive authority of any city or town, may designate by appropriate resolution or order any office holder or
employee of its own to enter a bid or bids in its behalf at any
sale of any equipment, supplies, material or other property
real or personal owned by the United States of America or
any agency thereof, and may authorize said person to make
any down payment, or payment in full, required in connection with such bidding. [1945 c 180 § 1; Rem. Supp. 1945 §
10322-50. FORMER PART OF SECTION: 1945 c 88 § 1
now codified as RCW 39.32.090.]
39.32.070
39.32.080 Purchase of property from federal government authorized—Inconsistent provisions suspended.
Any provisions of any law, charter, ordinance, resolution,
bylaw, rule or regulation which are inconsistent with the provisions of RCW 39.32.070 and 39.32.080 are suspended to
the extent such provisions are inconsistent herewith. [1945 c
180 § 2; Rem. Supp. 1945 § 10322-51.]
39.32.080
39.32.090 Purchases by political subdivisions from or
through United States authorized. Whenever authorized
by ordinance or resolution of its legislative authority any
political subdivision of the state shall have power to purchase
supplies, materials and/or equipment from or through the
United States government without calling for bids, notwithstanding any law or charter provision to the contrary. [1945
c 88 § 1; Rem. Supp. 1945 § 10322-40. Formerly RCW
39.32.070, part.]
39.32.090
Chapter 39.33 RCW
INTERGOVERNMENTAL DISPOSITION
OF PROPERTY
Chapter 39.33
Sections
39.33.010
39.33.020
39.33.050
39.33.060
39.33.070
39.33.090
Sale, exchange, transfer, lease of public property authorized—
Section deemed alternative.
Disposal of surplus property—Hearing—Notice.
Public mass transportation systems—Contracts for services or
use.
Transfer of property or contract for use for park and recreational purposes.
School districts and libraries—Disposal of obsolete or surplus
reading materials—Procedures.
Chapter not applicable to certain transfers of property.
Acquisition of surplus governmental property: RCW 39.32.020 through
39.32.040.
39.33.010 Sale, exchange, transfer, lease of public
property authorized—Section deemed alternative. (1)
39.33.010
(2010 Ed.)
Intergovernmental Disposition of Property
The state or any municipality or any political subdivision
thereof, may sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, or property rights,
including but not limited to the title to real property, to the
state or any municipality or any political subdivision thereof,
or the federal government, on such terms and conditions as
may be mutually agreed upon by the proper authorities of the
state and/or the subdivisions concerned. In addition, the
state, or any municipality or any political subdivision thereof,
may sell, transfer, exchange, lease, or otherwise dispose of
personal property, except weapons, to a foreign entity.
(2) This section shall be deemed to provide an alternative
method for the doing of the things authorized herein, and
shall not be construed as imposing any additional condition
upon the exercise of any other powers vested in the state,
municipalities or political subdivisions.
(3) No intergovernmental transfer, lease, or other disposition of property made pursuant to any other provision of
law prior to May 23, 1972, shall be construed to be invalid
solely because the parties thereto did not comply with the
procedures of this section. [2003 c 303 § 1; 1981 c 96 § 1;
1973 c 109 § 1; 1972 ex.s. c 95 § 1; 1953 c 133 § 1.]
Effective date—2003 c 303: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2003]." [2003 c 303 § 2.]
Exchange of county tax title lands with other governmental agencies: Chapter 36.35 RCW.
39.33.020 Disposal of surplus property—Hearing—
Notice. Before disposing of surplus property with an estimated value of more than fifty thousand dollars, the state or a
political subdivision shall hold a public hearing in the county
where the property or the greatest portion thereof is located.
At least ten days but not more than twenty-five days prior to
the hearing, there shall be published a public notice of reasonable size in display advertising form, setting forth the
date, time, and place of the hearing at least once in a newspaper of general circulation in the area where the property is
located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area
where the property is located. If real property is involved, the
public notice and news release shall identify the property
using a description which can easily be understood by the
public. If the surplus is real property, the public notice and
news release shall also describe the proposed use of the lands
involved. If there is a failure to substantially comply with the
procedures set forth in this section, then the sale, transfer,
exchange, lease, or other disposal shall be subject to being
declared invalid by a court. Any such suit must be brought
within one year from the date of the disposal agreement.
[1995 c 123 § 1; 1981 c 96 § 2.]
39.33.020
39.33.050 Public mass transportation systems—Contracts for services or use. The legislative body of any
municipal corporation, quasi municipal corporation or political subdivision of the state of Washington authorized to
develop and operate a public mass transportation system shall
have power to contract with the legislative body of any other
municipal corporation, quasi municipal corporation or political subdivision of the state of Washington, or with any per39.33.050
(2010 Ed.)
39.33.070
son, firm or corporation for public transportation services or
for the use of all or any part of any publicly owned transportation facilities for such period and under such terms and conditions and upon such rentals, fees and charges as the legislative body operating such public transportation system may
determine, and may pledge all or any portion of such rentals,
fees and charges and all other revenue derived from the ownership or operation of publicly owned transportation facilities
to pay and to secure the payment of general obligation bonds
and/or revenue bonds of such municipality issued for the purpose of acquiring or constructing a public mass transportation
system. [1969 ex.s. c 255 § 16.]
Public transportation systems: RCW 35.58.272 and 35.58.2721.
Additional notes found at www.leg.wa.gov
39.33.060
39.33.060 Transfer of property or contract for use
for park and recreational purposes. Any governmental
unit, as defined in RCW 36.93.020(1) as it now exists or is
hereafter amended, may convey its real or personal property
or any interest or right therein to, or contract for the use of
such property by, the county or park and recreation district
wherein such property is located for park or recreational purposes, by private negotiation and upon such terms and with
such consideration as might be mutually agreed to by such
governmental unit and the board of county commissioners or
the park and recreation district board of commissioners.
[1971 ex.s. c 243 § 7.]
Additional notes found at www.leg.wa.gov
39.33.070
39.33.070 School districts and libraries—Disposal of
obsolete or surplus reading materials—Procedures. Any
school district or educational service district, after complying
with the requirements of RCW 28A.335.180, and any library,
as defined in RCW 27.12.010, may dispose of surplus or
obsolete books, periodicals, newspapers, and other reading
materials as follows:
(1) If the reading materials are estimated to have value as
reading materials in excess of one thousand dollars, they shall
be sold at public auction to the person submitting the highest
reasonable bid following publication of notice of the auction
in a newspaper with a general circulation in the library or
school district.
(2) If no reasonable bids are submitted under subsection
(1) of this section or if the reading materials are estimated to
have value as reading materials of one thousand dollars or
less, the library or school district may directly negotiate the
sale of the reading materials to a public or private entity.
(3) If the reading materials are determined to have no
value as reading materials or if no purchaser is found under
subsection (2) of this section the reading materials may be
recycled or destroyed.
These methods for disposing of surplus or obsolete reading materials shall be in addition to any other method available to libraries and school districts for disposal of the property. [1990 c 33 § 567; 1979 ex.s. c 134 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
[Title 39 RCW—page 49]
39.33.090
Title 39 RCW: Public Contracts and Indebtedness
39.33.090 Chapter not applicable to certain transfers
of property. This chapter does not apply to transfers of property under *sections 1 and 2 of this act. [2006 c 35 § 7.]
39.33.090
*Reviser’s note: The reference to "sections 1 and 2 of this act" appears
to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW
43.99C.070 and 43.83D.120 was apparently intended.
Findings—2006 c 35: See note following RCW 43.99C.070.
Chapter 39.34
Chapter 39.34 RCW
INTERLOCAL COOPERATION ACT
Sections
39.34.010
39.34.020
39.34.030
39.34.040
39.34.050
39.34.055
39.34.060
39.34.070
39.34.080
39.34.085
39.34.090
39.34.100
39.34.110
39.34.130
39.34.140
39.34.150
39.34.160
39.34.170
39.34.180
39.34.190
39.34.200
39.34.210
39.34.215
39.34.220
39.34.230
39.34.900
39.34.910
39.34.920
Declaration of purpose.
Definitions.
Joint powers—Agreements for joint or cooperative action,
requisites, effect on responsibilities of component agencies—Financing of joint projects.
Methods of filing agreements—Status of interstate agreements—Real party in interest—Actions.
Duty to submit agreement to jurisdictional state officer or
agency.
Public purchase agreements with public benefit nonprofit corporations.
Participating agencies may appropriate funds and provide personnel, property, and services.
Authority of joint boards to receive loans or grants.
Contracts to perform governmental activities which each contracting agency is authorized to perform.
Agreements for operation of bus services.
Agencies’ contracting authority regarding electricity, utilities’
powers, preserved.
Powers conferred by chapter are supplemental.
Powers otherwise prohibited by Constitutions or federal laws.
Transactions between state agencies—Charging of costs—
Regulation by director of financial management.
Transactions between state agencies—Procedures for payments through transfers upon accounts.
Transactions between state agencies—Advancements.
Transactions between state agencies—Time limitation for
expenditure of advance—Unexpended balance.
Transactions between state agencies—Powers and authority
cumulative.
Criminal justice responsibilities—Interlocal agreements—
Termination.
Watershed management plan projects—Use of water-related
revenues.
Watershed management partnerships—Formation.
Watershed management partnerships—Indebtedness—Bonds.
Watershed management partnerships—Eminent domain
authority.
Watershed management plans—Additional authority for
implementation—Existing agreements not affected.
Covered emergencies—Interlocal agreements for mutual aid
and cooperation—Liability of state—Existing rights.
Short title.
Severability—1967 c 239.
Effective date—1967 c 239.
Hydroelectric resources, creation of separate legal authority by irrigation
districts and cities, towns, or public utility districts: RCW 87.03.828.
Irrigation districts, creation of legal authority to carry out powers: RCW
87.03.018.
School district associations’ right to mortgage or convey money security
interest in association property—Limitations: RCW 28A.335.100.
School districts agreements with other governmental entities for transportation of students, the public or other noncommon school purposes—
Limitations: RCW 28A.160.120.
39.34.010 Declaration of purpose. It is the purpose of
this chapter to permit local governmental units to make the
most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord
best with geographic, economic, population and other factors
39.34.010
[Title 39 RCW—page 50]
influencing the needs and development of local communities.
[1967 c 239 § 1.]
Joint operations by municipal corporations and political subdivisions,
deposit and control of funds: RCW 43.09.285.
39.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the
United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another
state.
(2) "State" means a state of the United States.
(3) "Watershed management partnership" means an
interlocal cooperation agreement formed under the authority
of RCW 39.34.200.
(4) "WRIA" has the definition in RCW 90.82.020. [2003
c 327 § 3; 1985 c 33 § 1; 1979 c 36 § 1; 1977 ex.s. c 283 § 13;
1975 1st ex.s. c 115 § 1; 1973 c 34 § 1; 1971 c 33 § 1; 1969 c
88 § 1; 1969 c 40 § 1; 1967 c 239 § 3.]
39.34.020
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Additional notes found at www.leg.wa.gov
39.34.030 Joint powers—Agreements for joint or
cooperative action, requisites, effect on responsibilities of
component agencies—Financing of joint projects. (1)
Any power or powers, privileges or authority exercised or
capable of exercise by a public agency of this state may be
exercised and enjoyed jointly with any other public agency of
this state having the power or powers, privilege or authority,
and jointly with any public agency of any other state or of the
United States to the extent that laws of such other state or of
the United States permit such joint exercise or enjoyment.
Any agency of the state government when acting jointly with
any public agency may exercise and enjoy all of the powers,
privileges and authority conferred by this chapter upon a public agency.
(2) Any two or more public agencies may enter into
agreements with one another for joint or cooperative action
pursuant to the provisions of this chapter, except that any
such joint or cooperative action by public agencies which are
educational service districts and/ or school districts shall
comply with the provisions of RCW 28A.320.080. Appropriate action by ordinance, resolution or otherwise pursuant to
law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter
into force.
(3) Any such agreement shall specify the following:
(a) Its duration;
(b) The precise organization, composition and nature of
any separate legal or administrative entity created thereby
together with the powers delegated thereto, provided such
entity may be legally created. Such entity may include a nonprofit corporation organized pursuant to chapter 24.03 or
24.06 RCW whose membership is limited solely to the participating public agencies or a partnership organized pursuant to
39.34.030
(2010 Ed.)
Interlocal Cooperation Act
chapter 25.04 or 25.05 RCW whose partners are limited
solely to participating public agencies, or a limited liability
company organized under chapter 25.15 RCW whose membership is limited solely to participating public agencies, and
the funds of any such corporation, partnership, or limited liability company shall be subject to audit in the manner provided by law for the auditing of public funds;
(c) Its purpose or purposes;
(d) The manner of financing the joint or cooperative
undertaking and of establishing and maintaining a budget
therefor;
(e) The permissible method or methods to be employed
in accomplishing the partial or complete termination of the
agreement and for disposing of property upon such partial or
complete termination; and
(f) Any other necessary and proper matters.
(4) In the event that the agreement does not establish a
separate legal entity to conduct the joint or cooperative
undertaking, the agreement shall contain, in addition to provisions specified in subsection (3)(a), (c), (d), (e), and (f) of
this section, the following:
(a) Provision for an administrator or a joint board
responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies that are
party to the agreement shall be represented; and
(b) The manner of acquiring, holding and disposing of
real and personal property used in the joint or cooperative
undertaking. Any joint board is authorized to establish a special fund with a state, county, city, or district treasurer servicing an involved public agency designated "Operating fund of
. . . . . . joint board".
(5) No agreement made pursuant to this chapter relieves
any public agency of any obligation or responsibility
imposed upon it by law except that:
(a) To the extent of actual and timely performance
thereof by a joint board or other legal or administrative entity
created by an agreement made pursuant to this chapter, the
performance may be offered in satisfaction of the obligation
or responsibility; and
(b) With respect to one or more public agencies purchasing or otherwise contracting through a bid, proposal, or contract awarded by another public agency or by a group of public agencies, any statutory obligation to provide notice for
bids or proposals that applies to the public agencies involved
is satisfied if the public agency or group of public agencies
that awarded the bid, proposal, or contract complied with its
own statutory requirements and either (i) posted the bid or
solicitation notice on a web site established and maintained
by a public agency, purchasing cooperative, or similar service provider, for purposes of posting public notice of bid or
proposal solicitations, or (ii) provided an access link on the
state’s web portal to the notice.
(6) Financing of joint projects by agreement shall be as
provided by law. [2009 c 202 § 6. Prior: 2008 c 198 § 2;
2004 c 190 § 1; 1992 c 161 § 4; 1990 c 33 § 568; 1981 c 308
§ 2; 1972 ex.s. c 81 § 1; 1967 c 239 § 4.]
Finding—2008 c 198: "The legislature finds that it is in the public
interest for public utility districts to develop renewable energy projects to
meet requirements enacted by the people in Initiative Measure No. 937 and
goals of diversifying energy resource portfolios. By developing more efficient and cost-effective renewable energy projects, public utility districts
will keep power costs as low as possible for their customers. Consolidating
(2010 Ed.)
39.34.055
and clarifying statutory provisions governing various aspects of public utility
district renewable energy project development will reduce planning time and
expense to meet these objectives." [2008 c 198 § 1.]
Intent—1992 c 161: See note following RCW 70.44.450.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Joint operations by municipal corporations or political subdivisions, deposit
and control of funds: RCW 43.09.285.
Additional notes found at www.leg.wa.gov
39.34.040 Methods of filing agreements—Status of
interstate agreements—Real party in interest—Actions.
Prior to its entry into force, an agreement made pursuant to
this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency’s web site or other
electronically retrievable public source. In the event that an
agreement entered into pursuant to this chapter is between or
among one or more public agencies of this state and one or
more public agencies of another state or of the United States
the agreement shall have the status of an interstate compact,
but in any case or controversy involving performance or
interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state
may maintain an action to recoup or otherwise make itself
whole for any damages or liability which it may incur by reason of being joined as a party therein. Such action shall be
maintainable against any public agency or agencies whose
default, failure of performance, or other conduct caused or
contributed to the incurring of damage or liability by the
state. [2006 c 32 § 1; 1995 c 22 § 1; 1992 c 161 § 5; 1967 c
239 § 5.]
39.34.040
Intent—1992 c 161: See note following RCW 70.44.450.
39.34.050 Duty to submit agreement to jurisdictional
state officer or agency. In the event that an agreement made
pursuant to this chapter shall deal in whole or in part with the
provision of services or facilities with regard to which an
officer or agency of the state government has constitutional
or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the
state officer or agency having such power of control. The
agreement shall be approved or disapproved by the state
officer or agency with regard to matters within his, her, or its
jurisdiction within ninety days after receipt of the agreement.
If a state officer or agency fails to act within the ninety-day
time limit, the agreement shall be deemed approved by that
state officer or agency. [1992 c 161 § 6; 1967 c 239 § 6.]
39.34.050
Intent—1992 c 161: See note following RCW 70.44.450.
39.34.055 Public purchase agreements with public
benefit nonprofit corporations. The office of state procurement within the department of general administration may
enter into an agreement with a public benefit nonprofit corporation to allow the public benefit nonprofit corporation to
participate in state contracts for purchases administered by
the office of state procurement. Such agreement must comply
with the requirements of RCW 39.34.030 through 39.34.050.
For the purposes of this section "public benefit nonprofit corporation" means a public benefit nonprofit corporation as
defined in RCW 24.03.005 that is receiving local, state, or
federal funds either directly or through a public agency other
39.34.055
[Title 39 RCW—page 51]
39.34.060
Title 39 RCW: Public Contracts and Indebtedness
than an Indian tribe or a political subdivision of another state.
[1994 c 98 § 1.]
39.34.060 Participating agencies may appropriate
funds and provide personnel, property, and services. Any
public agency entering into an agreement pursuant to this
chapter may appropriate funds and may sell, lease, give, or
otherwise supply property, personnel, and services to the
administrative joint board or other legal or administrative
entity created to operate the joint or cooperative undertaking.
[1992 c 161 § 7; 1967 c 239 § 7.]
39.34.060
Intent—1992 c 161: See note following RCW 70.44.450.
39.34.070 Authority of joint boards to receive loans
or grants. Any joint board created pursuant to the provisions
of this chapter is hereby authorized to accept loans or grants
of federal, state or private funds in order to accomplish the
purposes of this chapter provided each of the participating
public agencies is authorized by law to receive such funds.
[1967 c 239 § 8.]
39.34.070
39.34.080 Contracts to perform governmental activities which each contracting agency is authorized to perform. Any one or more public agencies may contract with
any one or more other public agencies to perform any governmental service, activity, or undertaking which each public
agency entering into the contract is authorized by law to perform: PROVIDED, That such contract shall be authorized by
the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties. [1967 c
239 § 9.]
39.34.080
39.34.085 Agreements for operation of bus services.
In addition to the other powers granted by chapter 39.34
RCW, one or more cities or towns or a county, or any combination thereof, may enter into agreements with each other or
with a public transportation agency of a contiguous state, or
contiguous Canadian province, to allow a city or such other
transportation agency to operate bus service for the transportation of the general public within the territorial boundaries
of such city and/or county or to allow such city and/or county
to operate such bus service within the jurisdiction of such
other public agency when no such existing bus certificate of
public convenience and necessity has been authorized by the
Washington utilities and transportation commission: PROVIDED, HOWEVER, That such transportation may extend
beyond the territorial boundaries of either party to the agreement if the agreement so provides, and if such service is not
in conflict with existing bus service authorized by the Washington utilities and transportation commission. The provisions of this section shall be cumulative and nonexclusive
and shall not affect any other right granted by this chapter or
any other provision of law. [1977 c 46 § 1; 1969 ex.s. c 139
§ 1.]
39.34.085
39.34.090 Agencies’ contracting authority regarding
electricity, utilities’ powers, preserved. Nothing in this
chapter shall be construed to increase or decrease existing
authority of any public agency of this state to enter into
39.34.090
[Title 39 RCW—page 52]
agreements or contracts with any other public agency of this
state or of any other state or the United States with regard to
the generation, transmission, or distribution of electricity or
the existing powers of any private or public utilities. [1967 c
239 § 10.]
39.34.100 Powers conferred by chapter are supplemental. The powers and authority conferred by this chapter
shall be construed as in addition and supplemental to powers
or authority conferred by any other law, and nothing contained herein shall be construed as limiting any other powers
or authority of any public agency. [1967 c 239 § 11.]
39.34.100
39.34.110 Powers otherwise prohibited by Constitutions or federal laws. No power, privilege, or other authority shall be exercised under this chapter where prohibited by
the state Constitution or the Constitution or laws of the federal government. [1967 c 239 § 12.]
39.34.110
39.34.130 Transactions between state agencies—
Charging of costs—Regulation by director of financial
management. Except as otherwise provided by law, the full
costs of a state agency incurred in providing services or furnishing materials to or for another agency under chapter
39.34 RCW or any other statute shall be charged to the
agency contracting for such services or materials and shall be
repaid and credited to the fund or appropriation against which
the expenditure originally was charged. Amounts representing a return of expenditures from an appropriation shall be
considered as returned loans of services or of goods, supplies
or other materials furnished, and may be expended as part of
the original appropriation to which they belong without further or additional appropriation. Such interagency transactions shall be subject to regulation by the director of financial
management, including but not limited to provisions for the
determination of costs, prevention of interagency contract
costs beyond those which are fully reimbursable, disclosure
of reimbursements in the governor’s budget and such other
requirements and restrictions as will promote more economical and efficient operations of state agencies.
Except as otherwise provided by law, this section shall
not apply to the furnishing of materials or services by one
agency to another when other funds have been provided specifically for that purpose pursuant to law. [1979 c 151 § 45;
1969 ex.s. c 61 § 1.]
39.34.130
Duty to submit agreement of jurisdictional state officer or agency: RCW
39.34.050.
39.34.140 Transactions between state agencies—Procedures for payments through transfers upon accounts.
The director of financial management may establish procedures whereby some or all payments between state agencies
may be made by transfers upon the accounts of the state treasurer in lieu of making such payments by warrant or check.
Such procedures, when established, shall include provision
for corresponding entries to be made in the accounts of the
affected agencies. [1979 c 151 § 46; 1969 ex.s. c 61 § 2.]
39.34.140
39.34.150 Transactions between state agencies—
Advancements. State agencies are authorized to advance
39.34.150
(2010 Ed.)
Interlocal Cooperation Act
funds to defray charges for materials to be furnished or services to be rendered by other state agencies. Such advances
shall be made only upon the approval of the director of financial management, or his order made pursuant to an appropriate regulation requiring advances in certain cases. An
advance shall be made from the fund or appropriation available for the procuring of such services or materials, to the
state agency which is to perform the services or furnish the
materials, in an amount no greater than the estimated charges
therefor. [1979 c 151 § 47; 1969 ex.s. c 61 § 3.]
39.34.160 Transactions between state agencies—
Time limitation for expenditure of advance—Unexpended balance. An advance made under RCW 39.34.130
through 39.34.150 from appropriated funds shall be available
for expenditure for no longer than the period of the appropriation from which it was made. When the actual costs of materials and services have been finally determined, and in no
event later than the lapsing of the appropriation, any unexpended balance of the advance shall be returned to the agency
for credit to the fund or account from which it was made.
[1969 ex.s. c 61 § 4.]
39.34.160
39.34.170 Transactions between state agencies—
Powers and authority cumulative. The powers and authority conferred by RCW 39.34.130 through 39.34.160 shall be
construed as in addition and supplemental to powers or
authority conferred by any other law, and not to limit any
other powers or authority of any public agency expressly
granted by any other statute. [1969 ex.s. c 61 § 5.]
39.34.170
39.34.180 Criminal justice responsibilities—Interlocal agreements—Termination. (1) Each county, city, and
town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective
jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out these responsibilities through the
use of their own courts, staff, and facilities, or by entering
into contracts or interlocal agreements under this chapter to
provide these services. Nothing in this section is intended to
alter the statutory responsibilities of each county for the prosecution, adjudication, sentencing, and incarceration for not
more than one year of felony offenders, nor shall this section
apply to any offense initially filed by the prosecuting attorney
as a felony offense or an attempt to commit a felony offense.
(2) The following principles must be followed in negotiating interlocal agreements or contracts: Cities and counties
must consider (a) anticipated costs of services; and (b) anticipated and potential revenues to fund the services, including
fines and fees, criminal justice funding, and state-authorized
sales tax funding levied for criminal justice purposes.
(3) If an agreement as to the levels of compensation
within an interlocal agreement or contract for gross misdemeanor and misdemeanor services cannot be reached
between a city and county, then either party may invoke binding arbitration on the compensation issued by notice to the
other party. In the case of establishing initial compensation,
the notice shall request arbitration within thirty days. In the
39.34.180
(2010 Ed.)
39.34.190
case of nonrenewal of an existing contract or interlocal agreement, the notice must be given one hundred twenty days prior
to the expiration of the existing contract or agreement and the
existing contract or agreement remains in effect until a new
agreement is reached or until an arbitration award on the matter of fees is made. The city and county each select one arbitrator, and the initial two arbitrators pick a third arbitrator.
(4) A city or county that wishes to terminate an agreement for the provision of court services must provide written
notice of the intent to terminate the agreement in accordance
with RCW 3.50.810 and 35.20.010.
(5) For cities or towns that have not adopted, in whole or
in part, criminal code or ordinance provisions related to misdemeanor and gross misdemeanor crimes as defined by state
law, this section shall have no application until July 1, 1998.
[2001 c 68 § 4; 1996 c 308 § 1.]
Additional notes found at www.leg.wa.gov
39.34.190 Watershed management plan projects—
Use of water-related revenues. (1) The legislative authority
of a city or county and the governing body of any special purpose district enumerated in subsection (2) of this section may
authorize up to ten percent of its water-related revenues to be
expended in the implementation of watershed management
plan projects or activities that are in addition to the county’s,
city’s, or district’s existing water-related services or activities. Such limitation on expenditures shall not apply to
water-related revenues of a public utility district organized
according to Title 54 RCW. Water-related revenues include
rates, charges, and fees for the provision of services relating
to water supply, treatment, distribution, and management
generally, and those general revenues of the local government that are expended for water management purposes. A
local government may not expend for this purpose any revenues that were authorized by voter approval for other specified purposes or that are specifically dedicated to the repayment of municipal bonds or other debt instruments.
(2) The following special purpose districts may exercise
the authority provided by this section:
(a) Water districts, sewer districts, and water-sewer districts organized under Title 57 RCW;
(b) Public utility districts organized under Title 54 RCW;
(c) Irrigation, reclamation, conservation, and similar districts organized under Titles 87 and 89 RCW;
(d) Port districts organized under Title 53 RCW;
(e) Diking, drainage, and similar districts organized
under Title 85 RCW;
(f) Flood control and similar districts organized under
Title 86 RCW;
(g) Lake or beach management districts organized under
chapter 36.61 RCW;
(h) Aquifer protection areas organized under chapter
36.36 RCW; and
(i) Shellfish protection districts organized under chapter
90.72 RCW.
(3) The authority for expenditure of local government
revenues provided by this section shall be applicable broadly
to the implementation of watershed management plans
addressing water supply, water transmission, water quality
treatment or protection, or any other water-related purposes.
39.34.190
[Title 39 RCW—page 53]
39.34.200
Title 39 RCW: Public Contracts and Indebtedness
Such plans include but are not limited to plans developed
under the following authorities:
(a) Watershed plans developed under chapter 90.82
RCW;
(b) Salmon recovery plans developed under chapter
77.85 RCW;
(c) Watershed management elements of comprehensive
land use plans developed under the growth management act,
chapter 36.70A RCW;
(d) Watershed management elements of shoreline master
programs developed under the shoreline management act,
chapter 90.58 RCW;
(e) Nonpoint pollution action plans developed under the
Puget Sound water quality management planning authorities
of chapter 90.71 RCW and chapter 400-12 WAC;
(f) Other comprehensive management plans addressing
watershed health at a WRIA level or sub-WRIA basin drainage level;
(g) Coordinated water system plans under chapter
70.116 RCW and similar regional plans for water supply; and
(h) Any combination of the foregoing plans in an integrated watershed management plan.
(4) The authority provided by this section to expend revenues for watershed management plan implementation shall
be construed broadly to include, but not be limited to:
(a) The coordination and oversight of plan implementation, including funding a watershed management partnership
for this purpose;
(b) Technical support, monitoring, and data collection
and analysis;
(c) The design, development, construction, and operation of projects included in the plan; and
(d) Conducting activities and programs included as elements in the plan. [2008 c 301 § 26; 2003 c 327 § 2.]
Finding—Intent—2003 c 327: "The legislature finds that throughout
Washington state there are many active efforts to protect, manage, and
restore watersheds. The state’s river systems provide a variety of benefits for
society’s many needs, so efforts to protect these watersheds should reflect
the diversity of social, environmental, and economic factors that make the
state unique.
Yet, there is a conflict between the natural flow of river systems and the
way watersheds are governed. From a hydrological standpoint, a watershed
is a single, integrated system. But these systems usually flow through a number of cities, counties, and other municipalities as they move from their
source to the sea. As a result, many are subject to the full range of management interests, including multiple government entities with jurisdiction over
water. In many cases, the political boundaries of government do not align
with the hydrological boundaries of watersheds and may actually hinder the
implementation of coordinated, cooperative plans. Cooperative watershed
management actions by local governments, special districts, and utilities can
help maintain healthy watershed function and support the beneficial use of
water by these entities and protect the quality of the resource that they use or
affect. By participating in cooperative watershed management actions, local
governments, special districts, and utilities are acting in the public interest
and in a manner that is intended to sustain maximum beneficial use and high
quality of water over time and to maintain the services that these entities provide.
Therefore, it is the intent of this act to remove statutory barriers that
may prevent local governments from working together in the creation and
implementation of cooperative, coordinated watershed plans. In addition, it
is the further intent of this act to provide additional authorities to assist in
such implementation." [2003 c 327 § 1.]
39.34.200 Watershed management partnerships—
Formation. Any two or more public agencies may enter into
agreements with one another to form a watershed manage39.34.200
[Title 39 RCW—page 54]
ment partnership for the purpose of implementing any portion or all elements of a watershed management plan, including the coordination and oversight of plan implementation.
The plan may be any plan or plan element described in RCW
39.34.190(3). The watershed partnership agreement shall
include the provisions required of all interlocal agreements
under RCW 39.34.030(3). The agreement shall be filed pursuant to RCW 39.34.040 with the county auditor of each
county lying within the geographical watershed area to be
addressed by the partnership. The public agencies forming
the partnership shall designate a treasurer for the deposit,
accounting, and handling of the funds of the partnership. The
treasurer shall be either a county treasurer or a city treasurer
of a county or city participating in the agreement to form the
partnership. [2003 c 327 § 4.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
39.34.210 Watershed management partnerships—
Indebtedness—Bonds. Where a watershed management
partnership formed under the authority of RCW 39.34.200
establishes a separate legal entity to conduct the cooperating
undertaking of the partnership, such legal entity is authorized
for the purpose of carrying out such undertaking to contract
indebtedness and to issue and sell general obligation bonds
pursuant to and in the manner provided for general county
bonds in chapters 36.67 and 39.46 RCW and other applicable
statutes, and to issue revenue bonds pursuant to and in the
manner provided for revenue bonds in chapter 36.67 RCW
and other applicable statutes. The joint board established by
the partnership agreement shall perform the functions referenced in chapter 36.67 RCW to be performed by the county
legislative authority in the case of county bonds. [2003 c 327
§ 6.]
39.34.210
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
39.34.215
39.34.215 Watershed management partnerships—
Eminent domain authority. (1) As limited in subsection (3)
of this section, a watershed management partnership formed
or qualified under the authority of RCW 39.34.200 and
39.34.210, including the separate legal entity established by
such a partnership under RCW 39.34.030(3)(b) to conduct
the cooperative undertaking of the partnership under the
same statutory authority, may exercise the power of eminent
domain as provided in chapter 8.12 RCW.
(2) The eminent domain authority granted under subsection (1) of this section may be exercised only for those utility
purposes for which the watershed partnership was formed
and is limited solely to providing water services to its customers.
(3) Subsection (1) of this section applies only to a watershed management partnership that:
(a) Was formed or qualified before July 1, 2006, under
the authority of RCW 39.34.200 and 39.34.210;
(b) Is not engaged in planning or in implementing a plan
for a water resource inventory area under the terms of chapter
90.82 RCW;
(c) Is composed entirely of cities and water-sewer districts authorized to exercise the power of eminent domain in
the manner provided by chapter 8.12 RCW; and
(2010 Ed.)
Interlocal Cooperation Act
(d) Is governed by a board of directors consisting
entirely of elected officials from the cities and water-sewer
districts that constitute the watershed management partnership.
(4) A watershed management partnership exercising
authority under this section shall:
(a) Comply with the notice requirements of RCW
8.25.290;
(b) Provide notice to the city, town, or county with jurisdiction over the subject property by certified mail thirty days
prior to the partnership board authorizing condemnation; and
(c) With any city that is not a member of the watershed
management partnership and that has water or sewer service
areas within one-half mile of Lake Tapps or water or sewer
service areas within five miles upstream from Lake Tapps
along the White river, enter into an interlocal agreement to
allow eminent domain within that city prior to exercising
eminent domain authority under this section.
(5) The legislature is currently unaware of any information suggesting that the expected use by the watershed management partnership of the Lake Tapps water supply will
have a significantly adverse effect on surrounding communities. However, if the watershed management partnership’s
Lake Tapps water supply operations result in a negative
impact to the water supplies of a city that is not a member of
the watershed management partnership and the city has water
or sewer service areas within one-half mile of Lake Tapps or
water or sewer service areas within five miles upstream from
Lake Tapps along the White river, the city claiming a negative impact under this subsection must notify the watershed
management partnership of their claim and give the partnership at least sixty days to resolve the claimed impact. If the
watershed management partnership fails to resolve the
claimed negative impact or disputes that the negative impact
exists, the city claiming the negative impact under this subsection may pursue existing legal remedies in accordance
with state and federal law. If a court determines that a negative impact has occurred as provided under this subsection,
the watershed management partnership shall implement a
remedy acceptable to the claiming city. If the affected city or
cities and the watershed management partnership cannot
agree on the terms required under this subsection, the court
shall establish the terms for the remedy required under this
subsection. [2009 c 504 § 1.]
39.34.220 Watershed management plans—Additional authority for implementation—Existing agreements not affected. The amendments by chapter 327, Laws
of 2003 to the interlocal cooperation act authorities are
intended to provide additional authority to public agencies
for the purposes of implementing watershed management
plans, and do not affect any agreements among public agencies existing on July 27, 2003. [2003 c 327 § 7.]
39.34.220
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
39.34.230 Covered emergencies—Interlocal agreements for mutual aid and cooperation—Liability of
state—Existing rights. (1) During a covered emergency, the
*department of community, trade, and economic development may enter into interlocal agreements under this chapter
39.34.230
(2010 Ed.)
39.34.920
with one or more public agencies for the purposes of providing mutual aid and cooperation to any public agency affected
by the cause of the emergency.
(2) All legal liability by a public agency and its employees for damage to property or injury or death to persons
caused by acts done or attempted during, or while traveling to
or from, a covered emergency, or in preparation for a covered
emergency, pursuant to an interlocal agreement entered into
under this section, or under the color of this section in a bona
fide attempt to comply therewith, shall be the obligation of
the state of Washington. Suits may be instituted and maintained against the state for the enforcement of such liability,
or for the indemnification of any public agency or its employees for damage done to their private property, or for any judgment against them for acts done in good faith in compliance
with this chapter: PROVIDED, That the foregoing shall not
be construed to result in indemnification in any case of willful misconduct, gross negligence, or bad faith on the part of
any public agency or any of a public agency’s employees:
PROVIDED, That should the United States or any agency
thereof, in accordance with any federal statute, rule, or regulation, provide for the payment of damages to property and/or
for death or injury as provided for in this section, then and in
that event there shall be no liability or obligation whatsoever
upon the part of the state of Washington for any such damage,
death, or injury for which the United States government
assumes liability.
(3) For purposes of this section, "covered emergency"
means an emergency for which the governor has proclaimed
a state of emergency under RCW 43.06.010, and for which
the governor has authorized the *department of community,
trade, and economic development to enter into interlocal
agreements under this section.
(4) This section shall not affect the right of any person to
receive benefits to which he or she would otherwise be entitled under the workers’ compensation law, or under any pension or retirement law, nor the right of any such person to
receive any benefits or compensation under any act of congress. [2008 c 181 § 101.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Part headings not law—2008 c 181: See note following RCW
43.06.220.
39.34.900
39.34.900 Short title. This chapter may be cited as the
"Interlocal Cooperation Act." [1967 c 239 § 2.]
39.34.910
39.34.910 Severability—1967 c 239. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1967 c 239 § 14.]
39.34.920
39.34.920 Effective date—1967 c 239. The effective
date of this chapter is July 1, 1967. [1967 c 239 § 15.]
[Title 39 RCW—page 55]
Chapter 39.35
Chapter 39.35
Title 39 RCW: Public Contracts and Indebtedness
Chapter 39.35 RCW
ENERGY CONSERVATION IN DESIGN
OF PUBLIC FACILITIES
Sections
39.35.010
39.35.020
39.35.030
39.35.040
39.35.050
39.35.060
39.35.900
Legislative finding.
Legislative declaration.
Definitions.
Facility design to include life-cycle cost analysis.
Life-cycle cost analysis—Guidelines.
Life-cycle cost analysis—Review fees.
Severability—1975 1st ex.s. c 177.
39.35.010 Legislative finding. The legislature hereby
finds:
(1) That major publicly owned or leased facilities have a
significant impact on our state’s consumption of energy;
(2) That energy conservation practices including energy
management systems and renewable energy systems adopted
for the design, construction, and utilization of such facilities
will have a beneficial effect on our overall supply of energy;
(3) That the cost of the energy consumed by such facilities over the life of the facilities shall be considered in addition to the initial cost of constructing such facilities;
(4) That the cost of energy is significant and major facility designs shall be based on the total life-cycle cost, including the initial construction cost, and the cost, over the economic life of a major facility, of the energy consumed, and of
the operation and maintenance of a major facility as they
affect energy consumption; and
(5) That the use of energy systems in these facilities
which utilize renewable resources such as solar energy, wood
or wood waste, or other nonconventional fuels, and which
incorporate energy management systems, shall be considered
in the design of all publicly owned or leased facilities. [2001
c 214 § 15; 1982 c 159 § 1; 1975 1st ex.s. c 177 § 1.]
39.35.010
Findings—2001 c 214: "(1) The legislature hereby finds that:
(a) The economy of the state and the health, safety, and welfare of its
citizens are threatened by the current energy supply and price instabilities;
(b) Many energy efficiency programs for public buildings launched
during the 1970s and 1980s were not maintained during the subsequent sustained period of low energy costs and abundant supply; and
(c) Conservation programs originally established in the 1970s and
1980s can be improved or updated. New programs drawing on recently
developed technologies, including demand-side energy management systems, can materially increase the efficiency of energy use by the public sector.
(2) It is the policy of the state of Washington that:
(a) State government is committed to achieving significant gains in
energy efficiency. Conventional conservation programs will be reviewed
and updated in light of experience gained since their commencement;
(b) State government must play a leading role in demonstrating
updated and new energy efficiency technologies. New programs or measures
made possible by technological advances, such as demand-side response
measures and energy management systems, shall be treated in the same manner as conventional conservation programs and will be integrated into the
state’s energy efficiency programs." [2001 c 214 § 14.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Additional notes found at www.leg.wa.gov
39.35.020 Legislative declaration. The legislature
declares that it is the public policy of this state to insure that
energy conservation practices and renewable energy systems
are employed in the design of major publicly owned or leased
facilities and that the use of at least one renewable energy
system is considered. To this end the legislature authorizes
39.35.020
[Title 39 RCW—page 56]
and directs that public agencies analyze the cost of energy
consumption of each major facility to be planned and constructed or renovated after September 8, 1975. [1982 c 159 §
2; 1975 1st ex.s. c 177 § 2.]
Additional notes found at www.leg.wa.gov
39.35.030 Definitions. For the purposes of this chapter
the following words and phrases shall have the following
meanings unless the context clearly requires otherwise:
(1) "Public agency" means every state office, officer,
board, commission, committee, bureau, department, and all
political subdivisions of the state.
(2) "Department" means the state department of general
administration.
(3) "Major facility" means any publicly owned or leased
building having twenty-five thousand square feet or more of
usable floor space.
(4) "Initial cost" means the moneys required for the capital construction or renovation of a major facility.
(5) "Renovation" means additions, alterations, or repairs
within any twelve-month period which exceed fifty percent
of the value of a major facility and which will affect any
energy system.
(6) "Economic life" means the projected or anticipated
useful life of a major facility as expressed by a term of years.
(7) "Energy management system" means a program,
energy efficiency equipment, technology, device, or other
measure including, but not limited to, a management, educational, or promotional program, smart appliance, meter reading system that provides energy information capability, computer software or hardware, communications equipment or
hardware, thermostat or other control equipment, together
with related administrative or operational programs, that
allows identification and management of opportunities for
improvement in the efficiency of energy use, including but
not limited to a measure that allows:
(a) Energy consumers to obtain information about their
energy usage and the cost of energy in connection with their
usage;
(b) Interactive communication between energy consumers and their energy suppliers;
(c) Energy consumers to respond to energy price signals
and to manage their purchase and use of energy; or
(d) For other kinds of dynamic, demand-side energy
management.
(8) "Life-cycle cost" means the initial cost and cost of
operation of a major facility over its economic life. This shall
be calculated as the initial cost plus the operation, maintenance, and energy costs over its economic life, reflecting
anticipated increases in these costs discounted to present
value at the current rate for borrowing public funds, as determined by the office of financial management. The energy
cost projections used shall be those provided by the department. The department shall update these projections at least
every two years.
(9) "Life-cycle cost analysis" includes, but is not limited
to, the following elements:
(a) The coordination and positioning of a major facility
on its physical site;
39.35.030
(2010 Ed.)
Energy Conservation in Design of Public Facilities
(b) The amount and type of fenestration employed in a
major facility;
(c) The amount of insulation incorporated into the design
of a major facility;
(d) The variable occupancy and operating conditions of a
major facility; and
(e) An energy-consumption analysis of a major facility.
(10) "Energy systems" means all utilities, including, but
not limited to, heating, air-conditioning, ventilating, lighting,
and the supplying of domestic hot water.
(11) "Energy-consumption analysis" means the evaluation of all energy systems and components by demand and
type of energy including the internal energy load imposed on
a major facility by its occupants, equipment, and components, and the external energy load imposed on a major facility by the climatic conditions of its location. An energy-consumption analysis of the operation of energy systems of a
major facility shall include, but not be limited to, the following elements:
(a) The comparison of three or more system alternatives,
at least one of which shall include renewable energy systems,
and one of which shall comply at a minimum with the sustainable design guidelines of the United States green building
council leadership in energy and environmental design silver
standard or similar design standard as may be adopted by rule
by the department;
(b) The simulation of each system over the entire range
of operation of such facility for a year’s operating period; and
(c) The evaluation of the energy consumption of component equipment in each system considering the operation of
such components at other than full or rated outputs.
The energy-consumption analysis shall be prepared by a
professional engineer or licensed architect who may use computers or such other methods as are capable of producing predictable results.
(12) "Renewable energy systems" means methods of
facility design and construction and types of equipment for
the utilization of renewable energy sources including, but not
limited to, hydroelectric power, active or passive solar space
heating or cooling, domestic solar water heating, windmills,
waste heat, biomass and/or refuse-derived fuels, photovoltaic
devices, and geothermal energy.
(13) "Cogeneration" means the sequential generation of
two or more forms of energy from a common fuel or energy
source. Where these forms are electricity and thermal energy,
then the operating and efficiency standards established by 18
C.F.R. Sec. 292.205 and the definitions established by 18
C.F.R. 292.202 (c) through (m) as of July 28, 1991, shall
apply.
(14) "Selected buildings" means educational, office, residential care, and correctional facilities that are designed to
comply with the design standards analyzed and recommended by the department.
(15) "Design standards" means the heating, air-conditioning, ventilating, and renewable resource systems identified, analyzed, and recommended by the department as providing an efficient energy system or systems based on the
economic life of the selected buildings. [2001 c 214 § 16;
1996 c 186 § 402; 1994 c 242 § 1; 1991 c 201 § 14; 1982 c
159 § 3; 1975 1st ex.s. c 177 § 3.]
(2010 Ed.)
39.35.050
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Additional notes found at www.leg.wa.gov
39.35.040 Facility design to include life-cycle cost
analysis. Whenever a public agency determines that any
major facility is to be constructed or renovated, such agency
shall cause to be included in the design phase of such construction or renovation a provision that requires a life-cycle
cost analysis conforming with the guidelines developed in
RCW 39.35.050 to be prepared for such facility. Such analysis shall be approved by the agency prior to the commencement of actual construction or renovation. A public agency
may accept the facility design if the agency is satisfied that
the life-cycle cost analysis provides for an efficient energy
system or systems based on the economic life of the major
facility.
Nothing in this section prohibits the construction or renovation of major facilities which utilize renewable energy
systems. [1994 c 242 § 2; 1982 c 159 § 4; 1975 1st ex.s. c 177
§ 4.]
39.35.040
Additional notes found at www.leg.wa.gov
39.35.050 Life-cycle cost analysis—Guidelines. The
department, in consultation with affected public agencies,
shall develop and issue guidelines for administering this
chapter. The purpose of the guidelines is to define a procedure and method for performance of life-cycle cost analysis
to promote the selection of low-life-cycle cost alternatives.
At a minimum, the guidelines must contain provisions that:
(1) Address energy considerations during the planning
phase of the project;
(2) Identify energy components and system alternatives
including energy management systems, renewable energy
systems, and cogeneration applications prior to commencing
the energy consumption analysis;
(3) Identify simplified methods to assure the lowest lifecycle cost alternatives for selected buildings with between
twenty-five thousand and one hundred thousand square feet
of usable floor area;
(4) Establish times during the design process for preparation, review, and approval or disapproval of the life-cycle
cost analysis;
(5) Specify the assumptions to be used for escalation and
inflation rates, equipment service lives, economic building
lives, and maintenance costs;
(6) Determine life-cycle cost analysis format and submittal requirements to meet the provisions of chapter 201,
Laws of 1991;
(7) Provide for review and approval of life-cycle cost
analysis. [2001 c 214 § 17; 1996 c 186 § 403; 1994 c 242 §
3; 1991 c 201 § 15.]
39.35.050
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Additional notes found at www.leg.wa.gov
[Title 39 RCW—page 57]
39.35.060
Title 39 RCW: Public Contracts and Indebtedness
39.35.060 Life-cycle cost analysis—Review fees. The
department may impose fees upon affected public agencies
for the review of life-cycle cost analyses. The fees shall be
deposited in the general administration services account. The
purpose of the fees is to recover the costs by the department
for review of the analyses. The department shall set fees at a
level necessary to recover all of its costs related to increasing
the energy efficiency of state-supported new construction.
The fees shall not exceed one-tenth of one percent of the total
cost of any project or exceed two thousand dollars for any
project unless mutually agreed to. The department shall provide detailed calculation ensuring that the energy savings
resulting from its review of life-cycle cost analysis justify the
costs of performing that review. [2001 c 292 § 1; 1996 c 186
§ 404; 1991 c 201 § 16.]
39.35.060
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Additional notes found at www.leg.wa.gov
39.35.900 Severability—1975 1st ex.s. c 177. If any
provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1975 1st ex.s. c 177 § 5.]
39.35.900
Chapter 39.35A RCW
PERFORMANCE-BASED CONTRACTS FOR WATER
CONSERVATION, SOLID WASTE REDUCTION,
AND ENERGY EQUIPMENT
Chapter 39.35A
Sections
39.35A.010 Findings.
39.35A.020 Definitions.
39.35A.030 Performance-based contracts for water conservation services,
solid waste reduction services, and energy equipment and
services.
39.35A.040 Application of other procurement requirements.
39.35A.050 Energy service contractor registry—Identification of performance-based contracting services.
39.35A.010 Findings. The legislature finds that:
(1) Conserving energy and water in publicly owned
buildings will have a beneficial effect on our overall supply
of energy and water;
(2) Conserving energy and water in publicly owned
buildings can result in cost savings for taxpayers; and
(3) Performance-based energy contracts are a means by
which municipalities can achieve energy and water conservation without capital outlay.
Therefore, the legislature declares that it is the policy
that a municipality may, after a competitive selection process, negotiate a performance-based energy contract with a
firm that offers the best proposal. [2007 c 39 § 1; 1985 c 169
§ 1.]
39.35A.010
39.35A.020 Definitions. Unless the context clearly
indicates otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Energy equipment and services" means energy management systems and any equipment, materials, or supplies
that are expected, upon installation, to reduce the energy use
or energy cost of an existing building or facility, and the ser39.35A.020
[Title 39 RCW—page 58]
vices associated with the equipment, materials, or supplies,
including but not limited to design, engineering, financing,
installation, project management, guarantees, operations, and
maintenance. Reduction in energy use or energy cost may
also include reductions in the use or cost of water, wastewater, or solid waste.
(2) "Energy management system" has the definition provided in RCW 39.35.030.
(3) "Municipality" has the definition provided in RCW
39.04.010.
(4) "Performance-based contract" means one or more
contracts for water conservation services, solid waste reduction services, or energy equipment and services between a
municipality and any other persons or entities, if the payment
obligation for each year under the contract, including the year
of installation, is either: (a) Set as a percentage of the annual
energy cost savings, water cost savings, or solid waste cost
savings attributable under the contract; or (b) guaranteed by
the other persons or entities to be less than the annual energy
cost savings, water cost savings, or solid waste cost savings
attributable under the contract. Such guarantee shall be, at
the option of the municipality, a bond or insurance policy, or
some other guarantee determined sufficient by the municipality to provide a level of assurance similar to the level provided by a bond or insurance policy.
(5) "Water conservation" means reductions in the use of
water or wastewater. [2007 c 39 § 2; 2001 c 214 § 18; 1985
c 169 § 2.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
39.35A.030
39.35A.030 Performance-based contracts for water
conservation services, solid waste reduction services, and
energy equipment and services. (1) Each municipality shall
publish in advance its requirements to procure water conservation services, solid waste reduction services, or energy
equipment and services under a performance-based contract.
The announcement shall state concisely the scope and nature
of the equipment and services for which a performance-based
contract is required, and shall encourage firms to submit proposals to meet these requirements.
(2) The municipality may negotiate a fair and reasonable
performance-based contract with the firm that is identified,
based on the criteria that is established by the municipality, to
be the firm that submits the best proposal.
(3) If the municipality is unable to negotiate a satisfactory contract with the firm that submits the best proposal,
negotiations with that firm shall be formally terminated and
the municipality may select another firm in accordance with
this section and continue negotiation until a performancebased contract is reached or the selection process is terminated. [2007 c 39 § 3; 1985 c 169 § 3.]
39.35A.040
39.35A.040 Application of other procurement
requirements. If a municipality chooses, by resolution or
other appropriate mechanism, to negotiate a performancebased contract under this chapter, no otherwise applicable
statutory procurement requirement applies. [1985 c 169 § 4.]
(2010 Ed.)
Life-Cycle Cost Analysis of Public Facilities
39.35A.050 Energy service contractor registry—
Identification of performance-based contracting services.
The state department of general administration shall maintain
a registry of energy service contractors and provide assistance to municipalities in identifying available performancebased contracting services. [2001 c 214 § 19.]
39.35A.050
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Chapter 39.35B
Chapter 39.35B RCW
LIFE-CYCLE COST ANALYSIS
OF PUBLIC FACILITIES
Sections
39.35B.010
39.35B.020
39.35B.030
39.35B.040
39.35B.050
Legislative findings.
Legislative declaration.
Intent.
Implementation.
Life-cycle cost model and analysis—Duties of the office of
financial management.
39.35B.010 Legislative findings. The legislature finds
39.35B.010
that:
(1) Operating costs of a facility over its lifetime may
greatly exceed the initial cost of the facility;
(2) In the planning, design, and funding for new construction or major renovation of state-owned facilities it is
desirable to consider not only the initial costs relating to
design and construction or acquisition, but the anticipated
operating costs relating to the building throughout its life;
(3) The consideration of both initial and operating costs
is known as life-cycle cost or life-cycle cost analysis;
(4) Operating costs of a facility for purposes of this chapter include, but are not limited to, energy costs, maintenance
and repair costs, and costs of the work or activity performed
within the facility, including wages and salaries;
(5) Current law, chapter 39.35 RCW, speaks to life-cycle
cost analysis only in relation to energy conservation; and
(6) Life-cycle cost may not be suitable or cost-effective
for all capital projects or all components of a facility, and is
not an exclusive criteria for decision-making, but is nonetheless a useful framework for evaluating design and capital
investment alternatives. [1986 c 127 § 1.]
39.35B.020 Legislative declaration. The legislature
declares that:
(1) It is the policy of the state to consider life-cycle costs
in the selection of facility design alternatives, to the full
extent practical, reasonable, and cost-effective;
(2) Life-cycle cost should be considered by the state government, school districts, and state universities and community colleges in the planning, design, and funding for new
construction or major renovations; and
(3) Use of life-cycle cost should be encouraged for cities,
counties, and other governmental districts including special
purpose districts. [1986 c 127 § 2.]
39.35B.020
39.35B.030 Intent. It is the intent of the legislature to:
(1) Expand the definition and use of "life-cycle cost" and
"life-cycle cost analysis" to include consideration of all oper39.35B.030
(2010 Ed.)
39.35B.050
ating costs, as opposed to only energy-related costs as
addressed by chapter 39.35 RCW;
(2) Encourage the recognition, development, and use of
life-cycle cost concepts and procedures by both the executive
and legislative branches in the state’s design development
and capital budgeting processes;
(3) Ensure the dissemination and use of a common and
realistic discount rate by all state agencies in the calculation
of the present value of future costs;
(4) Allow and encourage the executive branch to develop
specific techniques and procedures for the state government
and its agencies, and state universities and community colleges to implement this policy; and
(5) Encourage cities, counties, and other governmental
districts including special purpose districts to adopt programs
and procedures to implement this policy. [1986 c 127 § 3.]
39.35B.040
39.35B.040 Implementation. The principal executives
of all state agencies are responsible for implementing the policy set forth in this chapter. The office of financial management in conjunction with the department of general administration may establish guidelines for compliance by the state
government and its agencies, and state universities and community colleges. The office of financial management shall
include within its biennial capital budget instructions:
(1) A discount rate for the use of all agencies in calculating the present value of future costs, and several examples of
resultant trade-offs between annual operating costs eliminated and additional capital costs thereby justified; and
(2) Types of projects and building components that are
particularly appropriate for life-cycle cost analysis. [1986 c
127 § 4.]
39.35B.050
39.35B.050 Life-cycle cost model and analysis—
Duties of the office of financial management. The office of
financial management shall:
(1) Design and implement a cost-effective life-cycle cost
model by October 1, 2008, based on the work completed by
the joint legislative audit and review committee in January
2007 and in consultation with legislative fiscal committees;
(2) Deploy the life-cycle cost model for use by state
agencies once completed and tested;
(3) Update the life-cycle cost model periodically in consultation with legislative fiscal committees;
(4) Establish clear policies, standards, and procedures
regarding the use of life-cycle cost analysis by state agencies
including:
(a) When state agencies must use the life-cycle cost analysis, including the types of proposed capital projects and
leased facilities to which it must be applied;
(b) Procedures state agencies must use to document the
results of required life-cycle cost analyses;
(c) Standards regarding the discount rate and other key
model assumptions; and
(d) A process to document and justify any deviation from
the standard assumptions. [2007 c 506 § 3.]
Findings—Intent—2007 c 506: See note following RCW 43.82.035.
[Title 39 RCW—page 59]
Chapter 39.35C
Chapter 39.35C
Title 39 RCW: Public Contracts and Indebtedness
Chapter 39.35C RCW
ENERGY CONSERVATION PROJECTS
Sections
39.35C.010 Definitions.
39.35C.020 State agency and school district conservation projects—Implementation—Department assistance.
39.35C.025 Energy audit of school district facilities—Completion dates—
Identification, implementation of cost-effective energy conservation measures.
39.35C.030 Department coordination of conservation development with
utilities.
39.35C.040 Sale of conserved energy.
39.35C.050 Authority of state agencies and school districts to implement
conservation.
39.35C.060 Authority to finance conservation in school districts and state
agencies.
39.35C.070 Development of cogeneration projects.
39.35C.080 Sale of cogenerated electricity and thermal energy.
39.35C.090 Additional authority of state agencies.
39.35C.130 Adoption of rules.
39.35C.900 Captions not law—1991 c 201.
39.35C.901 Severability—1991 c 201.
39.35C.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Cogeneration" means the sequential generation of
two or more forms of energy from a common fuel or energy
source. If these forms are electricity and thermal energy, then
the operating and efficiency standards established by 18
C.F.R. Sec. 292.205 and the definitions established by 18
C.F.R. Sec. 292.202 (c) through (m) apply.
(2) "Conservation" means reduced energy consumption
or energy cost, or increased efficiency in the use of energy,
and activities, measures, or equipment designed to achieve
such results, but does not include thermal or electric energy
production from cogeneration. "Conservation" also means
reductions in the use or cost of water, wastewater, or solid
waste.
(3) "Cost-effective" means that the present value to a
state agency or school district of the energy reasonably
expected to be saved or produced by a facility, activity, measure, or piece of equipment over its useful life, including any
compensation received from a utility or the Bonneville power
administration, is greater than the net present value of the
costs of implementing, maintaining, and operating such facility, activity, measure, or piece of equipment over its useful
life, when discounted at the cost of public borrowing.
(4) "Energy" means energy as defined in *RCW
43.21F.025(1).
(5) "Energy audit" has the definition provided in RCW
43.19.670, and may include a determination of the water or
solid waste consumption characteristics of a facility.
(6) "Energy efficiency project" means a conservation or
cogeneration project.
(7) "Energy efficiency services" means assistance furnished by the department to state agencies and school districts in identifying, evaluating, and implementing energy
efficiency projects.
(8) "Department" means the state department of general
administration.
(9) "Performance-based contracting" means contracts for
which payment is conditional on achieving contractually
specified energy savings.
39.35C.010
[Title 39 RCW—page 60]
(10) "Public agency" means every state office, officer,
board, commission, committee, bureau, department, and all
political subdivisions of the state.
(11) "Public facility" means a building or structure, or a
group of buildings or structures at a single site, owned by a
state agency or school district.
(12) "State agency" means every state office or department, whether elective or appointive, state institutions of
higher education, and all boards, commissions, or divisions
of state government, however designated.
(13) "State facility" means a building or structure, or a
group of buildings or structures at a single site, owned by a
state agency.
(14) "Utility" means privately or publicly owned electric
and gas utilities, electric cooperatives and mutuals, whether
located within or without Washington state.
(15) "Local utility" means the utility or utilities in whose
service territory a public facility is located. [2007 c 39 § 4;
2001 c 214 § 20; 1996 c 186 § 405; 1991 c 201 § 2.]
*Reviser’s note: RCW 43.21F.025 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (1) to subsection (5).
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
39.35C.020 State agency and school district conservation projects—Implementation—Department assistance. (1) Each state agency and school district shall implement cost-effective conservation improvements and maintain
efficient operation of its facilities in order to minimize energy
consumption and related environmental impacts and reduce
operating costs. Each state agency shall undertake an energy
audit and implement cost-effective conservation measures
pursuant to the time schedules and requirements set forth in
chapter 43.19 RCW, except that any state agency that, after
December 31, 1997, has completed energy audits and implemented cost-effective conservation measures, or has contracted with an energy service company for energy audits and
conservation measures, is deemed to have met the requirements of this subsection for those facilities included in the
audits and conservation measures. Each school district shall
undertake an energy audit and implement cost-effective conservation measures pursuant to the time schedules and
requirements set forth in RCW 39.35C.025. Performancebased contracting shall be the preferred method for completing energy audits and implementing cost-effective conservation measures.
(2) The department shall assist state agencies and school
districts in identifying, evaluating, and implementing costeffective conservation projects at their facilities. The assistance shall include the following:
(a) Notifying state agencies and school districts of their
responsibilities under this chapter;
(b) Apprising state agencies and school districts of
opportunities to develop and finance such projects;
(c) Providing technical and analytical support, including
procurement of performance-based contracting services;
(d) Reviewing verification procedures for energy savings; and
39.35C.020
(2010 Ed.)
Energy Conservation Projects
(e) Assisting in the structuring and arranging of financing for cost-effective conservation projects.
(3) Conservation projects implemented under this chapter shall have appropriate levels of monitoring to verify the
performance and measure the energy savings over the life of
the project. The department shall solicit involvement in program planning and implementation from utilities and other
energy conservation suppliers, especially those that have
demonstrated experience in performance-based energy programs.
(4) The department shall comply with the requirements
of chapter 39.80 RCW when contracting for architectural or
engineering services.
(5) The department shall recover any costs and expenses
it incurs in providing assistance pursuant to this section,
including reimbursement from third parties participating in
conservation projects. The department shall enter into a written agreement with the public agency for the recovery of
costs. [2001 c 214 § 21; 1996 c 186 § 406; 1991 c 201 § 3.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
39.35C.025 Energy audit of school district facilities—Completion dates—Identification, implementation
of cost-effective energy conservation measures. (1) Except
as provided in subsections (2) and (3) of this section, each
school district shall conduct an energy audit of its facilities.
This energy audit may be conducted by contract or by other
arrangement, including appropriate district staff. Performance-based contracting shall be the preferred method for
implementing and completing energy audits.
(a) For each district facility, the energy consumption surveys shall be completed no later than December 31, 2001,
and the walk-through surveys shall be completed no later
than October 1, 2002. Upon completion of each walk-through
survey, the district shall implement energy conservation
maintenance and operation procedures that may be identified
for any district facility. These procedures shall be implemented as soon as possible, but not later than twelve months
after the walk-through survey.
(b) Except as provided in subsection (3) of this section, if
a walk-through survey has identified potentially cost-effective energy conservation measures, the district shall undertake an investment grade audit of the facility. Investment
grade audits shall be completed no later than June 30, 2003,
and installation of cost-effective conservation measures recommended in the investment grade audit shall be completed
no later than December 31, 2004.
(2) A school district that, after December 31, 1997, has
completed energy audits and implemented cost-effective
conservation measures, or has contracted with an energy service company for energy audits and conservation measures,
is deemed to have met the requirements of this section for
those facilities included in the audits and conservation measures.
(3) A school district that after reasonable efforts and consultation with the department is unable to obtain a contract
with an energy service company to conduct an investment
39.35C.025
(2010 Ed.)
39.35C.040
grade audit or install cost-effective conservation measures
recommended in an investment grade audit, is exempt from
the requirements of subsection (1)(b) of this section. [2001 c
214 § 22.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
39.35C.030 Department coordination of conservation development with utilities. (1) The department shall
consult with the local utilities to develop priorities for energy
conservation projects pursuant to this chapter, cooperate
where possible with existing utility programs, and consult
with the local utilities prior to implementing projects in their
service territory.
(2) A local utility shall be offered the initial opportunity
to participate in the development of conservation projects in
the following manner:
(a) Before initiating projects in a local utility service territory, the department shall notify the local utility in writing,
on an annual basis, of public facilities in the local utility’s
service territory at which the department anticipates costeffective conservation projects will be developed.
(b) Within sixty days of receipt of this notification, the
local utility may express interest in these projects by submitting to the department a written description of the role the
local utility is willing to perform in developing and acquiring
the conservation at these facilities. This role may include any
local utility conservation programs which would be available
to the public facility, any competitive bidding or solicitation
process which the local utility will be undertaking in accordance with the rules of the utilities and transportation commission or the public utility district, municipal utility, cooperative, or mutual governing body for which the public facility would be eligible, or any other role the local utility may be
willing to perform.
(c) Upon receipt of the written description from the local
utility, the department shall, through discussions with the
local utility, and with involvement from state agencies and
school districts responsible for the public facilities, develop a
plan for coordinated delivery of conservation services and
financing or make a determination of whether to participate
in the local utility’s competitive bidding or solicitation process. The plan shall identify the local utility in roles that the
local utility is willing to perform and that are consistent with
the provisions of RCW 39.35C.040(2) (d) and (e). [1996 c
186 § 407; 1991 c 201 § 4.]
39.35C.030
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
39.35C.040 Sale of conserved energy. (1) It is the
intent of this chapter that the state, state agencies, and school
districts are compensated fairly for the energy savings provided to utilities and be allowed to participate on an equal
basis in any utility conservation program, bidding, or solicitation process. State agencies and school districts shall not
receive preferential treatment. For the purposes of this section, any type of compensation from a utility or the Bonneville power administration intended to achieve reductions or
efficiencies in energy use which are cost-effective to the utility or the Bonneville power administration shall be regarded
39.35C.040
[Title 39 RCW—page 61]
39.35C.050
Title 39 RCW: Public Contracts and Indebtedness
as a sale of energy savings. Such compensation may include
credits to the energy bill, low or no interest loans, rebates, or
payment per unit of energy saved. The department shall, in
coordination with utilities, the Bonneville power administration, state agencies, and school districts, facilitate the sale of
energy savings at public facilities including participation in
any competitive bidding or solicitation which has been
agreed to by the state agency or school district. Energy savings may only be sold to local utilities or, under conditions
specified in this section, to the Bonneville power administration. The department shall not attempt to sell energy savings
occurring in one utility service territory to a different utility.
Nothing in this chapter mandates that utilities purchase the
energy savings.
(2) To ensure an equitable allocation of benefits to the
state, state agencies, and school districts, the following conditions shall apply to transactions between utilities or the
Bonneville power administration and state agencies or school
districts for sales of energy savings:
(a) A transaction shall be approved by both the state
agency or school district and the department.
(b) The state agency or school district and the department shall work together throughout the planning and negotiation process for such transactions unless the department
determines that its participation will not further the purposes
of this section.
(c) Before making a decision under (d) of this subsection, the department shall review the proposed transaction for
its technical and economic feasibility, the adequacy and reasonableness of procedures proposed for verification of
project or program performance, the degree of certainty of
benefits to the state, state agency, or school district, the
degree of risk assumed by the state or school district, the benefits offered to the state, state agency, or school district and
such other factors as the department determines to be prudent.
(d) The department shall approve a transaction unless it
finds, pursuant to the review in (c) of this subsection, that the
transaction would not result in an equitable allocation of
costs and benefits to the state, state agency, or school district,
in which case the transaction shall be disapproved.
(e) In addition to the requirements of (c) and (d) of this
subsection, in areas in which the Bonneville power administration has a program for the purchase of energy savings at
public facilities, the department shall approve the transaction
unless the local utility cannot offer a benefit substantially
equivalent to that offered by the Bonneville power administration, in which case the transaction shall be disapproved. In
determining whether the local utility can offer a substantially
equivalent benefit, the department shall consider the net
present value of the payment for energy savings; any goods,
services, or financial assistance provided by the local utility;
and any risks borne by the local utility. Any direct negative
financial impact on a nongrowing, local utility shall be considered.
(3) Any party to a potential transaction may, within thirty
days of any decision to disapprove a transaction made pursuant to subsection (2)(c), (d), or (e) of this section, request an
independent reviewer who is mutually agreeable to all parties
to the transaction to review the decision. The parties shall
within thirty days of selection submit to the independent
[Title 39 RCW—page 62]
reviewer documentation supporting their positions. The independent reviewer shall render advice regarding the validity of
the disapproval within an additional thirty days. [1996 c 186
§ 408; 1991 c 201 § 5.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
39.35C.050 Authority of state agencies and school
districts to implement conservation. In addition to any
other authorities conferred by law:
(1) The department, with the consent of the state agency
or school district responsible for a facility, a state or regional
university acting independently, and any other state agency
acting through the department of general administration or as
otherwise authorized by law, may:
(a) Develop and finance conservation at public facilities
in accordance with express provisions of this chapter;
(b) Contract for energy services, including performancebased contracts;
(c) Contract to sell energy savings from a conservation
project at public facilities to local utilities or the Bonneville
power administration.
(2) A state or regional university acting independently,
and any other state agency acting through the department of
general administration or as otherwise authorized by law,
may undertake procurements for third-party development of
conservation at its facilities.
(3) A school district may:
(a) Develop and finance conservation at school district
facilities;
(b) Contract for energy services, including performancebased contracts at school district facilities; and
(c) Contract to sell energy savings from energy conservation projects at school district facilities to local utilities or
the Bonneville power administration directly or to local utilities or the Bonneville power administration through third parties.
(4) In exercising the authority granted by subsections
(1), (2), and (3) of this section, a school district or state
agen cy m u st com p ly w ith th e pr o vis ion s o f R CW
39.35C.040. [1996 c 186 § 409; 1991 c 201 § 6.]
39.35C.050
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
39.35C.060 Authority to finance conservation in
school districts and state agencies. State agencies may use
financing contracts under chapter 39.94 RCW to provide all
or part of the funding for conservation projects. The department shall determine the eligibility of such projects for
financing contracts. The repayments of the financing contracts shall be sufficient to pay, when due, the principal and
interest on the contracts. [1996 c 186 § 410; 1991 c 201 § 7.]
39.35C.060
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
39.35C.070 Development of cogeneration projects.
(1) Consistent with the region’s need to develop cost-effective, high efficiency electric energy resources, the state shall
investigate and, if appropriate, pursue development of costeffective opportunities for cogeneration in existing or new
state facilities.
39.35C.070
(2010 Ed.)
Energy Conservation Projects
(2) To assist state agencies in identifying, evaluating,
and developing potential cogeneration projects at their facilities, the department shall notify state agencies of their
responsibilities under this chapter; apprise them of opportunities to develop and finance such projects; and provide technical and analytical support. The department shall recover costs
for such assistance through written agreements, including
reimbursement from third parties participating in such
projects, for any costs and expenses incurred in providing
such assistance.
(3)(a) The department shall identify priorities for cogeneration projects at state facilities, and, where such projects are
initially deemed desirable by the department and the appropriate state agency, the department shall notify the local utility serving the state facility of its intent to conduct a feasibility study at such facility. The department shall consult with
the local utility and provide the local utility an opportunity to
participate in the development of the feasibility study for the
state facility it serves.
(b) If the local utility has an interest in participating in
the feasibility study, it shall notify the department and the
state agency whose facility or facilities it serves within sixty
days of receipt of notification pursuant to (a) of this subsection as to the nature and scope of its desired participation. The
department, state agency, and local utility shall negotiate the
responsibilities, if any, of each in conducting the feasibility
study, and these responsibilities shall be specified in a written
agreement.
(c) If a local utility identifies a potential cogeneration
project at a state facility for which it intends to conduct a feasibility study, it shall notify the department and the appropriate state agency. The department, state agency, and local utility shall negotiate the responsibilities, if any, of each in conducting the feasibility study, and these responsibilities shall
be specified in a written agreement. Nothing in this section
shall preclude a local utility from conducting an independent
assessment of a potential cogeneration project at a state facility.
(d) Agreements written pursuant to (a) and (b) of this
subsection shall include a provision for the recovery of costs
incurred by a local utility in performing a feasibility study in
the event such utility does not participate in the development
of the cogeneration project. If the local utility does participate
in the cogeneration project through energy purchase, project
development or ownership, recovery of the utility’s costs
may be deferred or provided for through negotiation on
agreements for energy purchase, project development or
ownership.
(e) If the local utility declines participation in the feasibility study, the department and the state agency may receive
and solicit proposals to conduct the feasibility study from
other parties. Participation of these other parties shall also be
secured and defined by a written agreement which may
include the provision for reimbursement of costs incurred in
the formulation of the feasibility study.
(4) The feasibility study shall include consideration of
regional and local utility needs for power, the consistency of
the proposed cogeneration project with the state energy strategy, the cost and certainty of fuel supplies, the value of electricity produced, the capability of the state agency to own
and/or operate such facilities, the capability of utilities or
(2010 Ed.)
39.35C.070
third parties to own and/or operate such facilities, requirements for and costs of standby sources of power, costs associated with interconnection with the local electric utility’s
transmission system, the capability of the local electric utility
to wheel electricity generated by the facility, costs associated
with obtaining wheeling services, potential financial risks
and losses to the state and/or state agency, measures to mitigate the financial risk to the state and/or state agency, and
benefits to the state and to the state agency from a range of
design configurations, ownership, and operation options.
(5) Based upon the findings of the feasibility study, the
department and the state agency shall determine whether a
cogeneration project will be cost-effective and whether
development of a cogeneration project should be pursued.
This determination shall be made in consultation with the
local utility or, if the local utility had not participated in the
development of the feasibility study, with any third party that
may have participated in the development of the feasibility
study.
(a) Recognizing the local utility’s expertise, knowledge,
and ownership and operation of the local utility systems, the
department and the state agency shall have the authority to
negotiate directly with the local utility for the purpose of
entering into a sole source contract to develop, own, and/or
operate the cogeneration facility. The contract may also
include provisions for the purchase of electricity or thermal
energy from the cogeneration facility, the acquisition of a
fuel source, and any financial considerations which may
accrue to the state from ownership and/or operation of the
cogeneration facility by the local utility.
(b) The department may enter into contracts through
competitive negotiation under this subsection for the development, ownership, and/or operation of a cogeneration facility. In determining an acceptable bid, the department and the
state agency may consider such factors as technical knowledge, experience, management, staff, or schedule, as may be
necessary to achieve economical construction or operation of
the project. The selection of a developer or operator of a
cogeneration facility shall be made in accordance with procedures for competitive bidding under chapter 43.19 RCW.
(c) The department shall comply with the requirements
of chapter 39.80 RCW when contracting for architectural or
engineering services.
(6)(a) The state may own and/or operate a cogeneration
project at a state facility. However, unless the cogeneration
project is determined to be cost-effective, based on the findings of the feasibility study, the department and state agency
shall not pursue development of the project as a state-owned
facility. If the project is found to be cost-effective, and the
department and the state agency agree development of the
cogeneration project should be pursued as a state-owned
and/or operated facility, the department shall assist the state
agency in the preparation of a finance and development plan
for the cogeneration project. Any such plan shall fully
account for and specify all costs to the state for developing
and/or operating the cogeneration facility.
(b) It is the general intent of this chapter that cogeneration projects developed and owned by the state will be sized
to the projected thermal energy load of the state facility over
the useful life of the project. The principal purpose and use of
such projects is to supply thermal energy to a state facility
[Title 39 RCW—page 63]
39.35C.080
Title 39 RCW: Public Contracts and Indebtedness
and not primarily to develop generating capacity for the sale
of electricity. For state-owned projects with electricity production in excess of projected thermal requirements, the
department shall seek and obtain legislative appropriation
and approval for development. Nothing in chapter 201, Laws
of 1991 shall be construed to authorize any state agency to
sell electricity or thermal energy on a retail basis.
(7) When a cogeneration facility will be developed,
owned, and/or operated by a state agency or third party other
than the local serving utility, the department and the state
agency shall negotiate a written agreement with the local utility. Elements of such an agreement shall include provisions
to ensure system safety, provisions to ensure reliability of any
interconnected operations equipment necessary for parallel
operation and switching equipment capable of isolating the
generation facility, the provision of and reimbursement for
standby services, if required, and the provision of and reimbursement for wheeling electricity, if the provision of such
has been agreed to by the local utility.
(8) The state may develop and own a thermal energy distribution system associated with a cogeneration project for
the principal purpose of distributing thermal energy at the
state facility. If thermal energy is to be sold outside the state
facility, the state may only sell the thermal energy to a utility.
[1996 c 186 § 411; 1991 c 201 § 8.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
39.35C.080 Sale of cogenerated electricity and thermal energy. It is the intention of chapter 201, Laws of 1991
that the state and its agencies are compensated fairly for the
energy provided to utilities from cogeneration at state facilities. Such compensation may include revenues from sales of
electricity or thermal energy to utilities, lease of state properties, and value of thermal energy provided to the facility. It is
also the intent of chapter 201, Laws of 1991 that the state and
its agencies be accorded the opportunity to compete on a fair
and reasonable basis to fulfill a utility’s new resource acquisition needs when selling the energy produced from cogeneration projects at state facilities through energy purchase
agreements.
(1)(a) The department and state agencies may participate
in any utility request for resource proposal process, as either
established under the rules and regulations of the utilities and
transportation commission, or by the governing board of a
public utility district, municipal utility, cooperative, or
mutual.
(b) If a local utility does not have a request for resource
proposal pending, the energy office [department] or a state
agency may negotiate an equitable and mutually beneficial
energy purchase agreement with that utility.
(2) To ensure an equitable allocation of benefits to the
state and its agencies, the following conditions shall apply to
energy purchase agreements negotiated between utilities and
state agencies:
(a) An energy purchase agreement shall be approved by
both the department and the affected state agency.
(b) The department and the state agency shall work
together throughout the planning and negotiation process for
energy purchase agreements, unless the department deter39.35C.080
[Title 39 RCW—page 64]
mines that its participation will not further the purposes of
this section.
(c) Before approving an energy purchase agreement, the
department shall review the proposed agreement for its technical and economic feasibility, the degree of certainty of benefits, the degree of financial risk assumed by the state and/or
the state agency, the benefits offered to the state and/or state
agency, and other such factors as the department deems prudent. The department shall approve an energy purchase
agreement unless it finds that such an agreement would not
result in an equitable allocation of costs and benefits, in
which case the transaction shall be disapproved.
(3)(a) The state or state agency shall comply with and
shall be bound by applicable avoided cost schedules, electric
power wheeling charges, interconnection requirements, utility tariffs, and regulatory provisions to the same extent it
would be required to comply and would be bound if it were a
private citizen. The state shall neither seek regulatory advantage, nor change regulations, regulatory policy, process, or
decisions to its advantage as a seller of cogenerated energy.
Nothing contained in chapter 201, Laws of 1991 shall be construed to mandate or require public or private utilities to
wheel electric energy resources within or beyond their service territories. Nothing in chapter 201, Laws of 1991 authorizes any state agency or school district to make any sale of
energy or waste heat beyond the explicit provisions of chapter 201, Laws of 1991. Nothing contained in chapter 201,
Laws of 1991 requires a utility to purchase energy from the
state or a state agency or enter into any agreement in connection with a cogeneration facility.
(b) The state shall neither construct, nor be party to an
agreement for developing a cogeneration project at a state
facility for the purpose of supplying its own electrical needs,
unless it can show that such an arrangement would be in the
economic interest of the state taking into account the cost of
(i) interconnection requirements, as specified by the local
electric utility, (ii) standby charges, as may be required by the
local electric utility, and (iii) the current price of electricity
offered by the local electric utility. If the local electric utility
can demonstrate that the cogeneration project may place an
undue burden on the electric utility, the department or the
state agency shall attempt to negotiate a mutually beneficial
agreement that would minimize the burden upon the ratepayers of the local electric utility.
(4) Any party to an energy purchase agreement may,
within thirty days of any decision made pursuant to subsection (2)(c) of this section to disapprove the agreement made
pursuant to this section, request an independent reviewer who
is mutually agreeable to all parties to review the decision.
The parties shall within thirty days of selection submit to the
independent reviewer documentation supporting their positions. The independent reviewer shall render advice regarding the validity of the disapproval within an additional thirty
days.
(5) For the purposes of this section, "waste heat" means
the thermal energy that otherwise would be released to the
environment from an industrial process, electric generation,
or other process. [1996 c 186 § 412; 1996 c 33 § 4; 1991 c
201 § 9.]
Reviser’s note: This section was amended by 1996 c 33 § 4 and by
1996 c 186 § 412, each without reference to the other. Both amendments are
(2010 Ed.)
High-Performance Public Buildings
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Findings—1996 c 33: See note following RCW 80.04.550.
39.35C.090 Additional authority of state agencies. In
addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency
responsible for a facility, a state or regional university acting
independently, and any other state agency acting through the
department of general administration or as otherwise authorized by law, may:
(a) Contract to sell electric energy generated at state
facilities to a utility; and
(b) Contract to sell thermal energy produced at state
facilities to a utility.
(2) A state or regional university acting independently,
and any other state agency acting through the department of
general administration or as otherwise authorized by law,
may:
(a) Acquire, install, permit, construct, own, operate, and
maintain cogeneration and facility heating and cooling measures or equipment, or both, at its facilities;
(b) Lease state property for the installation and operation
of cogeneration and facility heating and cooling equipment at
its facilities;
(c) Contract to purchase all or part of the electric or thermal output of cogeneration plants at its facilities;
(d) Contract to purchase or otherwise acquire fuel or
other energy sources needed to operate cogeneration plants at
its facilities; and
(e) Undertake procurements for third-party development
of cogeneration projects at its facilities, with successful bidders to be selected based on the responsible bid, including
nonprice elements listed in RCW 43.19.1911, that offers the
greatest net achievable benefits to the state and its agencies.
(3) After July 28, 1991, a state agency shall consult with
the department prior to exercising any authority granted by
this section.
(4) In exercising the authority granted by subsections (1)
and (2) of this section, a state agency must comply with the
provisions of RCW 39.35C.080. [1996 c 186 § 413; 1991 c
201 § 10.]
39.35D.020
provision to other persons or circumstances is not affected.
[1991 c 201 § 24.]
Chapter 39.35D RCW
HIGH-PERFORMANCE PUBLIC BUILDINGS
Chapter 39.35D
39.35C.090
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Sections
39.35D.010
39.35D.020
39.35D.030
39.35D.040
39.35D.050
39.35D.060
39.35D.070
39.35D.080
39.35D.090
39.35D.800
Finding—Intent.
Definitions.
Standards for major facility projects—Annual reports.
Public school district major facility projects—Standards—
Annual reports—Advisory committee.
Annual reports—Submission to legislature.
Guidelines for administration of chapter—Amendment of fee
schedules—Architecture and engineering services—Building commissioning—Preproposal conferences—Advisory
committee.
Liability for failure to meet standards.
Affordable housing projects—Exemption.
Use of local building materials and products—Intent.
Performance review—Report.
39.35D.010 Finding—Intent. (1) The legislature finds
that public buildings can be built and renovated using highperformance methods that save money, improve school performance, and make workers more productive. High-performance public buildings are proven to increase student test
scores, reduce worker absenteeism, and cut energy and utility
costs.
(2) It is the intent of the legislature that state-owned
buildings and schools be improved by adopting recognized
standards for high-performance public buildings, reducing
energy consumption, and allowing flexible methods and
choices in how to achieve those standards and reductions.
The legislature also intends that public agencies and public
school districts shall document costs and savings to monitor
this program and ensure that economic, community, and
environmental goals are achieved each year, and that an independent performance review be conducted to evaluate this
program and determine the extent to which the results
intended by this chapter are being met.
(3) The legislature further finds that state agency leadership is needed in the development of preparation and adaptation actions for climate change to ensure the economic health,
safety, and environmental well-being of the state and its citizens. [2009 c 519 § 8; 2005 c 12 § 1.]
39.35D.010
Findings—2009 c 519: See RCW 43.21M.900.
39.35D.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of general
administration.
(2) "High-performance public buildings" means highperformance public buildings designed, constructed, and certified to a standard as identified in this chapter.
(3) "Institutions of higher education" means the state
universities, the regional universities, The Evergreen State
College, the community colleges, and the technical colleges.
(4) "LEED silver standard" means the United States
green building council leadership in energy and environmental design green building rating standard, referred to as silver
standard.
39.35D.020
39.35C.130 Adoption of rules. The department may
adopt rules to implement RCW 39.35C.020 through
39.35C.040, 39.35C.070, 39.35C.080, and 39.35.050. [1996
c 186 § 416; 1991 c 201 § 17.]
39.35C.130
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
39.35C.900 Captions not law—1991 c 201. Captions
as used in chapter 201, Laws of 1991 constitute no part of the
law. [1991 c 201 § 22.]
39.35C.900
39.35C.901 Severability—1991 c 201. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
39.35C.901
(2010 Ed.)
[Title 39 RCW—page 65]
39.35D.030
Title 39 RCW: Public Contracts and Indebtedness
(5)(a) "Major facility project" means: (i) A construction
project larger than five thousand gross square feet of occupied or conditioned space as defined in the Washington state
energy code; or (ii) a building renovation project when the
cost is greater than fifty percent of the assessed value and the
project is larger than five thousand gross square feet of occupied or conditioned space as defined in the Washington state
energy code.
(b) "Major facility project" does not include: (i) Projects
for which the department, public school district, or other
applicable agency and the design team determine the LEED
silver standard or the Washington sustainable school design
protocol to be not practicable; or (ii) transmitter buildings,
pumping stations, hospitals, research facilities primarily used
for sponsored laboratory experimentation, laboratory
research, or laboratory training in research methods, or other
similar building types as determined by the department.
When the LEED silver standard is determined to be not practicable for a project, then it must be determined if any LEED
standard is practicable for the project. If LEED standards or
the Washington sustainable school design protocol are not
followed for the project, the public school district or public
agency shall report these reasons to the department.
(6) "Public agency" means every state office, officer,
board, commission, committee, bureau, department, and public higher education institution.
(7) "Public school district" means a school district eligible to receive state basic education moneys pursuant to RCW
28A.150.250 and 28A.150.260.
(8) "Washington sustainable school design protocol"
means the school design protocol and related information
developed by the office of the superintendent of public
instruction, in conjunction with school districts and the
school facilities advisory board. [2006 c 263 § 330; 2005 c
12 § 2.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
39.35D.030 Standards for major facility projects—
Annual reports. (1) All major facility projects of public
agencies receiving any funding in a state capital budget, or
projects financed through a financing contract as defined in
RCW 39.94.020, must be designed, constructed, and certified
to at least the LEED silver standard. This subsection applies
to major facility projects that have not entered the design
phase prior to July 24, 2005, and to the extent appropriate
LEED silver standards exist for that type of building or facility.
(2) All major facility projects of any entity other than a
public agency or public school district receiving any funding
in a state capital budget must be designed, constructed, and
certified to at least the LEED silver standard. This subsection
applies to major facility projects that have not entered the
grant application process prior to July 24, 2005, and to the
extent appropriate LEED silver standards exist for that type
of building or facility.
(3)(a) Public agencies, under this section, shall monitor
and document ongoing operating savings resulting from
major facility projects designed, constructed, and certified as
required under this section.
39.35D.030
[Title 39 RCW—page 66]
(b) Public agencies, under this section, shall report annually to the department on major facility projects and operating savings.
(4) The department shall consolidate the reports required
in subsection (3) of this section into one report and report to
the governor and legislature by September 1st of each evennumbered year beginning in 2006 and ending in 2016. In its
report, the department shall also report on the implementation
of this chapter, including reasons why the LEED standard
was not used as required by RCW 39.35D.020(5)(b). The
department shall make recommendations regarding the ongoing implementation of this chapter, including a discussion of
incentives and disincentives related to implementing this
chapter. [2005 c 12 § 3.]
39.35D.040 Public school district major facility
projects—Standards—Annual reports—Advisory committee. (1) All major facility projects of public school districts receiving any funding in a state capital budget must be
designed and constructed to at least the LEED silver standard
or the Washington sustainable school design protocol. To the
extent appropriate LEED silver or Washington sustainable
school design protocol standards exist for the type of building
or facility, this subsection applies to major facility projects
that have not received project approval from the superintendent of public instruction prior to: (a) July 1, 2006, for volunteering school districts; (b) July 1, 2007, for class one
school districts; and (c) July 1, 2008, for class two school districts.
(2) Public school districts under this section shall: (a)
Monitor and document appropriate operating benefits and
savings resulting from major facility projects designed and
constructed as required under this section for a minimum of
five years following local board acceptance of a project
receiving state funding; and (b) report annually to the superintendent of public instruction. The form and content of each
report must be mutually developed by the office of the superintendent of public instruction in consultation with school
districts.
(3) The superintendent of public instruction shall consolidate the reports required in subsection (2) of this section into
one report and report to the governor and legislature by September 1st of each even-numbered year beginning in 2006
and ending in 2016. In its report, the superintendent of public
instruction shall also report on the implementation of this
chapter, including reasons why the LEED standard or Washington sustainable school design protocol was not used as
required by RCW 39.35D.020(5)(b). The superintendent of
public instruction shall make recommendations regarding the
ongoing implementation of this chapter, including a discussion of incentives and disincentives related to implementing
this chapter.
(4) The superintendent of public instruction shall
develop and issue guidelines for administering this chapter
for public school districts. The purpose of the guidelines is to
define a procedure and method for employing and verifying
compliance with the LEED silver standard or the Washington
sustainable school design protocol.
(5) The superintendent of public instruction shall utilize
the school facilities advisory board as a high-performance
buildings advisory committee comprised of affected public
39.35D.040
(2010 Ed.)
High-Performance Public Buildings
schools, the superintendent of public instruction, the department, and others at the superintendent of public instruction’s
discretion to provide advice on implementing this chapter.
Among other duties, the advisory committee shall make recommendations regarding an education and training process
and an ongoing evaluation or feedback process to help the
superintendent of public instruction implement this chapter.
[2006 c 263 § 331; 2005 c 12 § 4.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
39.35D.050 Annual reports—Submission to legislature. On or before January 1, 2009, the department and the
superintendent of public instruction shall summarize the
repo rts s ub m itted u nd er RC W 39 .3 5D.0 3 0(4 ) and
39.35D.040(3) and submit the individual reports to the legislative committees on capital budget and ways and means for
review of the program’s performance and consideration of
any changes that may be needed to adapt the program to any
new or modified standards for high-performance buildings
that meet the intent of this chapter. [2005 c 12 § 5.]
39.35D.050
39.35D.060 Guidelines for administration of chapter—Amendment of fee schedules—Architecture and
engineering services—Building commissioning—Preproposal conferences—Advisory committee. (1)(a) The
department, in consultation with affected public agencies,
shall develop and issue guidelines for administering this
chapter for public agencies. The purpose of the guidelines is
to define a procedure and method for employing and verifying activities necessary for certification to at least the LEED
silver standard for major facility projects.
(b) The department and the office of the superintendent
of public instruction shall amend their fee schedules for
architectural and engineering services to accommodate the
requirements in the design of major facility projects under
this chapter.
(c) The department and the office of the superintendent
of public instruction shall procure architecture and engineering services consistent with chapter 39.80 RCW.
(d) Major facility projects designed to meet standards
identified in this chapter must include building commissioning as a critical cost-saving part of the construction process.
This process includes input from the project design and construction teams and the project ownership representatives.
(e) As provided in the request for proposals for construction services, the operating agency shall hold a preproposal
conference for prospective bidders to discuss compliance
with and achievement of standards identified in this chapter
for prospective respondents.
(2) The department shall create a high-performance
buildings advisory committee comprised of representatives
from the design and construction industry involved in public
works contracting, personnel from the affected public agencies responsible for overseeing public works projects, the
office of the superintendent of public instruction, and others
at the department’s discretion to provide advice on implementing this chapter. Among other duties, the advisory committee shall make recommendations regarding an education
and training process and an ongoing evaluation or feedback
process to help the department implement this chapter.
39.35D.060
(2010 Ed.)
39.35D.800
(3) The department and the office of the superintendent
of public instruction shall adopt rules to implement this section. [2006 c 263 § 332; 2005 c 12 § 6.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
39.35D.070 Liability for failure to meet standards. A
member of the design or construction teams may not be held
liable for the failure of a major facility project to meet the
LEED silver standard or other LEED standard established for
the project as long as a good faith attempt was made to
achieve the LEED standard set for the project. [2005 c 12 §
10.]
39.35D.070
39.35D.080 Affordable housing projects—Exemption. Except as provided in this section, affordable housing
projects funded out of the state capital budget are exempt
from the provisions of this chapter. On or before July 1,
2008, the *department of community, trade, and economic
development shall identify, implement, and apply a sustainable building program for affordable housing projects that
receive housing trust fund (under chapter 43.185 RCW) funding in a state capital budget. The *department of community,
trade, and economic development shall not develop its own
sustainable building standard, but shall work with stakeholders to adopt an existing sustainable building standard or criteria appropriate for affordable housing. Any application of the
program to affordable housing, including any monitoring to
track the performance of either sustainable features or energy
standards or both, is the responsibility of the *department of
community, trade, and economic development. Beginning in
2009 and ending in 2016, the *department of community,
trade, and economic development shall report to the department as required under RCW 39.35D.030(3)(b). [2005 c 12
§ 12.]
39.35D.080
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
39.35D.090 Use of local building materials and products—Intent. It is the intent and an established goal of the
LEED program as authored by the United States green building council to increase demand for building materials and
products that are extracted and manufactured locally, thereby
reducing the environmental impacts and to support the local
economy. Therefore, it is the intent of the legislature to
emphasize this defined goal and establish a priority to use
Washington state based resources, building materials, products, industries, manufacturers, and other businesses to provide economic development to Washington state and to meet
the objectives of this chapter. [2005 c 12 § 13.]
39.35D.090
39.35D.800 Performance review—Report. The joint
legislative audit and review committee, or its successor legislative agency, shall conduct a performance review of the
high-performance buildings program established under this
chapter.
(1) The performance audit shall include, but not be limited to:
(a) The identification of the costs of implementation of
high-performance building[s] standards in the design and
construction of major facility projects subject to this chapter;
39.35D.800
[Title 39 RCW—page 67]
Chapter 39.36
Title 39 RCW: Public Contracts and Indebtedness
(b) The identification of operating savings attributable to
the implementation of high-performance building[s] standards, including but not limited to savings in energy, utility,
and maintenance costs;
(c) The identification of any impacts of high-performance buildings standards on worker productivity and student performance; and
(d) An evaluation of the effectiveness of the high-performance building[s] standards established under this chapter,
and recommendations for any changes in those standards that
may be supported by the committee’s findings.
(2) The committee shall make a preliminary report of its
findings and recommendations on or before December 1,
2010, and a final report on or before July 1, 2011. [2005 c 12
§ 14.]
Chapter 39.36
Chapter 39.36 RCW
LIMITATION OF INDEBTEDNESS
OF TAXING DISTRICTS
Sections
39.36.010
39.36.015
39.36.020
39.36.030
39.36.040
39.36.050
39.36.060
39.36.900
Definitions.
"Value of the taxable property" defined.
Limitation of indebtedness prescribed.
Computation of indebtedness.
Authorizations in violation of chapter void.
Ballot proposition authorizing indebtedness—Excess property
tax levies.
Chapter not applicable to loan agreements under chapter 39.69
RCW.
Validation—1969 c 142.
Limitation of state debt: State Constitution Art. 8 § 1.
Limitation on levies: State Constitution Art. 7 § 2.
Limitations on municipal indebtedness: State Constitution Art. 8 § 6.
39.36.010 Definitions. The term "taxing district" as
herein used shall be held to mean and embrace all counties,
cities, towns, townships, port districts, school districts, metropolitan park districts or other municipal corporations which
now, or may hereafter exist.
The term "the last assessed valuation of the taxable property in such taxing district" as used herein shall be held to
mean and embrace the aggregate assessed valuation for such
taxing district as placed on the last completed and balanced
tax rolls of the county next preceding the date of contracting
the debt or incurring the liability. [1917 c 143 § 4; RRS §
5608.]
39.36.010
39.36.015 "Value of the taxable property" defined.
Whenever used in chapter 42, Laws of 1970 ex. sess., the
term "value of the taxable property" shall mean the actual
value of the taxable property in a taxing district incurring
indebtedness, as the term "taxing district" is defined in RCW
39.36.010, to be ascertained by the last assessment for state
and county purposes previous to the incurring of such indebtedness except that in incorporated cities the assessment shall
be taken from the last assessment for city purposes, plus the
timber assessed value for the district as defined in RCW
84.33.035. [1984 c 204 § 15; 1970 ex.s. c 42 § 1.]
39.36.015
Additional notes found at www.leg.wa.gov
[Title 39 RCW—page 68]
39.36.020 Limitation of indebtedness prescribed. (1)
Except as otherwise expressly provided by law or in subsections (2), (3) and (4) of this section, no taxing district shall for
any purpose become indebted in any manner to an amount
exceeding three-eighths of one percent of the value of the taxable property in such taxing district without the assent of
three-fifths of the voters therein voting at an election to be
held for that purpose, nor in cases requiring such assent shall
the total indebtedness incurred at any time exceed one and
one-fourth percent on the value of the taxable property
therein.
(2)(a)(i) Public hospital districts are limited to an indebtedness amount not exceeding three-fourths of one percent of
the value of the taxable property in such public hospital districts without the assent of three-fifths of the voters therein
voting at an election held for that purpose.
(ii) Counties, cities, and towns are limited to an indebtedness amount not exceeding one and one-half percent of the
value of the taxable property in such counties, cities, or towns
without the assent of three-fifths of the voters therein voting
at an election held for that purpose.
(b) In cases requiring such assent counties, cities, towns,
and public hospital districts are limited to a total indebtedness
of two and one-half percent of the value of the taxable property therein. However, any county that has assumed the
rights, powers, functions, and obligations of a metropolitan
municipal corporation under chapter 36.56 RCW may
become indebted to a larger amount for its authorized metropolitan functions, as provided under chapter 35.58 RCW, but
not exceeding an additional three-fourths of one percent of
the value of the taxable property in the county without the
assent of three-fifths of the voters therein voting at an election held for that purpose, and in cases requiring such assent
not exceeding an additional two and one-half percent of the
value of the taxable property in the county.
(3) School districts are limited to an indebtedness
amount not exceeding three-eighths of one percent of the
value of the taxable property in such district without the
assent of three-fifths of the voters therein voting at an election held for that purpose. In cases requiring such assent
school districts are limited to a total indebtedness of two and
one-half percent of the value of the taxable property therein.
(4) No part of the indebtedness allowed in this chapter
shall be incurred for any purpose other than strictly county,
city, town, school district, township, port district, metropolitan park district, or other municipal purposes: PROVIDED,
That a city or town, with such assent, may become indebted
to a larger amount, but not exceeding two and one-half percent additional, determined as herein provided, for supplying
such city or town with water, artificial light, and sewers,
when the works for supplying such water, light, and sewers
shall be owned and controlled by the city or town; and a city
or town, with such assent, may become indebted to a larger
amount, but not exceeding two and one-half percent additional for acquiring or developing open space, park facilities,
and capital facilities associated with economic development:
PROVIDED FURTHER, That any school district may
become indebted to a larger amount but not exceeding two
and one-half percent additional for capital outlays.
(5) Such indebtedness may be authorized in any total
amount in one or more propositions and the amount of such
39.36.020
(2010 Ed.)
Limitation of Indebtedness of Taxing Districts
authorization may exceed the amount of indebtedness which
could then lawfully be incurred. Such indebtedness may be
incurred in one or more series of bonds from time to time out
of such authorization but at no time shall the total general
indebtedness of any taxing district exceed the above limitation.
The term "value of the taxable property" as used in this
section shall have the meaning set forth in RCW 39.36.015.
[2000 c 156 § 1; 1994 c 277 § 1; 1993 c 240 § 12; 1971 ex.s.
c 218 § 1; 1971 c 38 § 1; 1970 ex.s. c 42 § 27; 1969 c 142 §
3; 1967 c 107 § 4; 1959 c 227 § 1; 1953 c 163 § 2; 1917 c 143
§ 1; RRS § 5605.]
Effective date—2000 c 156: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 27, 2000]." [2000 c 156 § 2.]
Cemetery districts, limitation upon indebtedness: RCW 68.52.310.
Cities other than first class, limitations upon indebtedness: RCW 35.37.040,
35.37.050.
Conditional sales contract debt, not counted as part of debt limit: RCW
28A.335.200, 39.30.010.
Counties, limitations upon indebtedness: Chapter 36.67 RCW.
Executory conditional sales contracts, limitations on indebtedness: RCW
28A.335.200, 39.30.010.
Leases by cities and towns, limitations on indebtedness: RCW 35.42.200.
Metropolitan municipal corporations, limitations on indebtedness: RCW
35.58.450.
Metropolitan park districts, incurring indebtedness: RCW 35.61.100,
35.61.110.
Municipal corporations, limitations upon indebtedness: State Constitution
Art. 8 § 6 (Amendment 27).
Port districts, limitations upon indebtedness: RCW 39.28.030, 53.36.030.
Public utility districts, limitations upon indebtedness: RCW 54.24.018.
School districts, limitations upon indebtedness: Chapters 28A.530, 28A.535
RCW.
Validation requirement: RCW 39.40.010.
Water-sewer districts, limitations upon indebtedness: RCW 57.20.110,
57.20.120.
Additional notes found at www.leg.wa.gov
39.36.030 Computation of indebtedness. (1) Whenever it shall be necessary to compute the indebtedness of a
taxing district for bonding or any other indebtedness purposes, taxes levied for the current year and cash on hand
received for the purpose of carrying on the business of such
taxing district for such current year shall be considered as an
asset only as against indebtedness incurred during such current year which is payable from such taxes or cash on hand:
PROVIDED, HOWEVER, That all taxes levied for the payment of bonds, warrants or other public debts of such taxing
district, shall be deemed a competent and sufficient asset of
the taxing district to be considered in calculating the constitutional debt limit or the debt limit prescribed by this chapter
for any taxing district: PROVIDED, That the provisions of
this section shall not apply in computing the debt limit of a
taxing district in connection with bonds authorized pursuant
to a vote of the electors at an election called prior to March 1,
1917.
(2) If reductions in assessed valuation of property within
a taxing district result in the outstanding indebtedness of the
taxing district exceeding its statutory indebtedness limitations, the amount of such excess indebtedness shall not be
39.36.030
(2010 Ed.)
39.36.900
included in the statutory indebtedness ceiling. Additional
indebtedness that is subject to indebtedness limitations, other
than refinancing indebtedness that does not increase the total
amount of indebtedness, may not be issued by such a taxing
district until its total outstanding indebtedness, including that
which this subsection removes from the statutory indebtedness limitations, is below these limitations.
(3) Nothing in this section authorizes taxing districts to
incur indebtedness beyond constitutional indebtedness limitations. [1986 c 50 § 1; 1921 c 123 § 1; 1917 c 143 § 2; RRS
§ 5606.]
39.36.040
39.36.040 Authorizations in violation of chapter void.
All orders, authorizations, allowances, contracts, payments
or liabilities to pay, made or attempted to be made in violation of this chapter, shall be absolutely void and shall never
be the foundation of a claim against a taxing district. [1994 c
81 § 75; 1923 c 45 § 1; 1917 c 143 § 3; RRS § 5607.]
39.36.050
39.36.050 Ballot proposition authorizing indebtedness—Excess property tax levies. The governing body of a
taxing district desiring to place a ballot proposition authorizing indebtedness before the voters may submit the proposition at any special election held on the dates authorized in
*chapter 29.13 RCW. The ballot proposition shall include the
maximum amount of the indebtedness to be authorized, the
maximum term any bonds may have, a description of the purpose or purposes of the bond issue, and whether excess property tax levies authorized under RCW 84.52.056 will be
authorized.
When it is required that such bonds be retired by excess
property tax levies, or when the governing body desires such
bonds be retired by excess property tax levies, the ballot
proposition shall also include authorization for such excess
bond retirement property tax levies provided under RCW
84.52.056.
Notice of the proposed election shall be published as
required by **RCW 29.27.080. [1984 c 186 § 3.]
Reviser’s note: *(1) District election dates are set by RCW
29A.04.330.
**(2) RCW 29.27.080 was recodified as RCW 29A.52.350 pursuant to
2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
Purpose—1984 c 186: See note following RCW 39.46.110.
39.36.060
39.36.060 Chapter not applicable to loan agreements
under chapter 39.69 RCW. This chapter does not apply to
a loan made pursuant to a loan agreement under chapter
39.69 RCW, and any computation of indebtedness under this
chapter shall exclude the amount of any loan under such a
loan agreement. [1987 c 19 § 5.]
39.36.900
39.36.900 Validation—1969 c 142. All bonds heretofore issued, or heretofore voted and which may have been or
may hereafter be issued, by any taxing district pursuant to
any of the foregoing sections as amended or for any of the
purposes authorized by any of said sections are hereby validated. [1969 c 142 § 6.]
[Title 39 RCW—page 69]
Chapter 39.40
Title 39 RCW: Public Contracts and Indebtedness
Chapter 39.40 RCW
VOTE REQUIRED AT BOND ELECTIONS
Chapter 39.40
Sections
39.40.010
39.40.020
39.40.030
39.40.040
39.40.900
Forty percent poll of voters required.
Existing election laws to apply.
Certification of votes—Canvass.
Prior bonds not affected.
Severability—1925 c 13.
the chapter as a whole, or any section, provision or part
thereof not adjudged invalid or unconstitutional. [1925 c 13
§ 5; RRS § 5646-5.]
Chapter 39.42
County acquisition of land for military purposes, bond election for: Chapter
37.16 RCW.
Sections
County roads and bridges, bond elections: Chapter 36.76 RCW.
Irrigation districts, bond elections: Chapter 87.03 RCW.
39.42.010
39.42.020
39.42.030
Chapter 39.42 RCW
STATE BONDS, NOTES, AND OTHER
EVIDENCES OF INDEBTEDNESS
Port districts, vote required for certain bond issues: RCW 53.36.030.
Public utility districts, bond elections, vote required: RCW 54.24.018.
39.42.040
39.42.050
39.40.010 Forty percent poll of voters required. No
general obligation bonds of any county, port district, or metropolitan park district upon which a vote of the people is
required under existing laws shall be issued, nor shall they
become a lien upon the taxable property within such county
or district unless, in addition to all other requirements provided by law in the matter of the issuance of general obligation bonds by such county or district, the total vote cast upon
such proposition shall exceed forty percent of the total number of voters voting in such county or district at the general
county or state election next preceding such bond election.
[1961 ex.s. c 15 § 1; 1959 c 290 § 3; 1925 c 13 § 1; RRS §
5646-1.]
39.42.070
39.40.010
Exceeding debt limitation by municipalities: State Constitution Art. 8 § 6
(Amendment 27).
Vote required for excess levy to retire bonds issued for capital purposes:
RCW 84.52.056.
39.40.020 Existing election laws to apply. In all such
elections the provisions of existing law with respect to registration, opening and closing of registration books and the
duties of officers and the appointment and selection of election officials shall apply. [1925 c 13 § 2; RRS § 5646-2.]
39.42.080
39.42.090
39.42.100
39.42.110
39.42.120
39.42.130
39.42.900
Scope of application.
Evidences of indebtedness—Issuance—Signature.
Evidences of indebtedness—Issuance—State finance committee, duties and powers.
Disposition of proceeds from sale of bonds.
Anticipation notes—Issued, when—Payment of principal and
interest.
Computation of general state revenues—Filing of certificate—
Estimate of debt capacity.
Obligations allowable under debt limitation.
Certificates of indebtedness—Issued, when—Retirement.
Evidences of indebtedness—Defects not to affect validity—
Copy of resolution authorizing issuance filed—Action to
contest before delivery.
Evidences of indebtedness—As negotiable instruments, legal
investments, and security for deposits.
Excess earnings account—Payments to United States treasury.
Aggregate state debt not to exceed debt limitation—State
finance committee duties.
Effective date—1971 ex.s. c 184.
39.42.010 Scope of application. This chapter shall
apply to all bonds, notes and other evidences of indebtedness
of the state authorized by the legislature after *the effective
date of this chapter, unless otherwise provided in the authorizing acts. [1971 ex.s. c 184 § 1.]
39.42.010
*Reviser’s note: For "the effective date of this chapter," see RCW
39.42.900.
39.40.020
Election laws in general: Title 29A RCW.
39.40.030 Certification of votes—Canvass. The election officials in each of the precincts included within any
such district shall, as soon as possible and in no case later
than five days after the closing of the polls of any election
involving the issuance of bonds, certify to the county auditor
of the county within which such district is located the total
number of votes cast for and against each separate proposal
and the vote shall be canvassed and certified by a canvassing
board consisting of the chairman of the board of county commissioners, the county auditor, and the prosecuting attorney
who shall declare the result thereof. [1959 c 290 § 4; 1925 c
13 § 3; RRS § 5646-3.]
39.40.030
39.40.040 Prior bonds not affected. This chapter shall
not affect the validity or the issuance of any such bonds voted
at any lawful election held prior to the taking effect of this
chapter. [1925 c 13 § 4; RRS § 5646-4.]
39.40.040
39.40.900 Severability—1925 c 13. If any section or
provision of this chapter be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
39.40.900
[Title 39 RCW—page 70]
39.42.020 Evidences of indebtedness—Issuance—
Signature. Bonds, notes or other evidences of indebtedness
shall be issued by the state finance committee. They may be
issued at one time or in a series from time to time. The maturity date of each series shall be determined by the state
finance committee, but in no case shall any bonds mature
later than thirty years from the date of issue. All evidences of
indebtedness shall be signed in the name of the state by the
governor and the treasurer. The facsimile signature of said
officials is authorized and said evidences of indebtedness
may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on such evidences of indebtedness has ceased to hold office at the time
of issue or at the time of delivery to the purchaser. [1971
ex.s. c 184 § 2.]
39.42.020
39.42.030 Evidences of indebtedness—Issuance—
State finance committee, duties and powers. (1) The state
finance committee shall meet not less than twice per calendar
year and shall determine by resolution the amount, date or
dates, terms, conditions, covenants, denominations, interest
rate or rates (which may be fixed or variable), maturity or
maturities, redemption rights, manner of execution and
authentication, manner and price of sale and form of all
bonds, notes, or other evidences of indebtedness.
(2) The state finance committee may authorize the state
treasurer, by resolution[,] to:
39.42.030
(2010 Ed.)
State Bonds, Notes, and Other Evidences of Indebtedness
(a) Accept offers to purchase the bonds, notes, or other
evidences of indebtedness and to sell and deliver the bonds,
notes, or other evidences of indebtedness to the purchases
thereof;
(b) Determine the date or dates, price or prices, principal
amounts per maturity, delivery dates, interest rate or rates (or
mechanisms for determining the interest rate or rates); and
(c) Set other terms and conditions as the state finance
committee may deem necessary and appropriate. Each delegation is limited to bonds, notes, or other indebtedness that
the state finance committee has authorized to be issued.
Bonds, notes, or other evidences of indebtedness shall be
payable either to the bearer or to the registered owner as provided in RCW 39.46.030. The resolution may provide for the
deposit in trust with any qualified public depository of all or
any part of the proceeds of the bonds, notes, or other evidences of indebtedness or money set aside for the payment
thereof.
(3) The state finance committee shall also determine by
resolution whether interest on all or any part of the bonds is
to be payable periodically during the term of such bonds or
only at the maturity of the bonds. For purposes of the limitations on the amount of bonds authorized to be issued contained in the acts authorizing their issuance, the amount of
bonds which pay interest only at maturity must be equal to
the price, exclusive of accrued interest, at which the bonds
are initially offered to the public.
(4) The state finance committee may issue, under chapter
39.53 RCW and this chapter, bonds, notes, or other evidences
of indebtedness to refund at or prior to maturity any outstanding state bonds, notes, or other evidences of indebtedness.
(5) The state finance committee may obtain or provide
for obtaining bond insurance, letters of credit or other credit
support instruments for the purpose of guaranteeing the payment or enhancing the marketability, or both, of any state
bonds, notes, or other evidences of indebtedness, and may
authorize the execution and delivery of agreements, promissory notes, and other related instruments. [2010 1st sp.s. c 18
§ 1; 1989 1st ex.s. c 14 § 16; 1983 c 167 § 104; 1971 ex.s. c
184 § 3.]
Additional notes found at www.leg.wa.gov
39.42.040 Disposition of proceeds from sale of bonds.
The proceeds of the sale of any bonds shall be used solely for
the purposes, including any expense incurred in connection
with the issuance and sale of such bonds, specified in the general statute or special act authorizing the issuance of such
bonds. [1971 ex.s. c 184 § 4.]
39.42.040
39.42.050 Anticipation notes—Issued, when—Payment of principal and interest. When the state finance
committee has decided to issue such bonds or a portion
thereof, it may, pending the issuing of such bonds, issue, in
the name of the state, temporary notes in anticipation of the
money to be derived from the sale of such bonds, which notes
shall be designated as "anticipation notes". If, prior to the
issuance of the bonds, it becomes necessary to redeem outstanding notes, additional bond anticipation notes may be
issued to redeem the outstanding notes. Such portion of the
proceeds of the sale of such bonds as may be required for
39.42.050
(2010 Ed.)
39.42.070
such purpose shall be applied to the payment of the principal
of such anticipation notes which have been issued. The interest on anticipation notes shall be paid from the revenue
source and with the same priority of payment specified in the
respective bond acts for payment of principal of and interest
on the bonds against which anticipation notes are sold. The
procedure for paying the interest on the notes, including the
transfer of necessary funds for that purpose, shall be the same
as prescribed for the bonds.
If the bonds shall constitute general obligations of the
state and pledge the full faith and credit of the state to the
payment thereof, then the notes issued in anticipation thereof
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due. The
owner and holder of any of the notes or the trustee for the
owner and holder of any of the notes may, by a mandamus or
other appropriate proceeding, require the transfer and payment of funds as directed in this section. [1981 c 29 § 1; 1971
ex.s. c 184 § 5.]
Additional notes found at www.leg.wa.gov
39.42.070
39.42.070 Computation of general state revenues—
Filing of certificate—Estimate of debt capacity. On or
after *the effective date of this act, the treasurer shall compute general state revenues for the three fiscal years immediately preceding such date and shall determine the arithmetic
mean thereof. As soon as is practicable after the close of each
fiscal year thereafter, he or she shall do likewise. In determining the amount of general state revenues, the treasurer
shall include all state money received in the treasury from
each and every source whatsoever except: (1) Fees and revenues derived from the ownership or operation of any undertaking, facility or project; (2) moneys received as gifts,
grants, donations, aid or assistance or otherwise from the
United States or any department, bureau or corporation
thereof, or any person, firm or corporation, public or private,
when the terms and conditions of such gift, grant, donation,
aid or assistance require the application and disbursement of
such moneys otherwise than for the general purposes of the
state of Washington; (3) moneys to be paid into and received
from retirement system funds, and performance bonds and
deposits; (4) moneys to be paid into and received from trust
funds including but not limited to moneys received from
taxes levied for specific purposes and the several permanent
funds of the state and the moneys derived therefrom but
excluding bond redemption funds; (5) proceeds received
from the sale of bonds or other evidences of indebtedness.
Upon computing general state revenues, the treasurer shall
make and file in the office of the secretary of state, a certificate containing the results of such computations. Copies of
said certificate shall be sent to each elected official of the
state and each member of the legislature. The treasurer shall,
at the same time, advise each elected official and each member of the legislature of the current available debt capacity of
the state, and may make estimated projections for one or
more years concerning debt capacity. [2009 c 500 § 1; 2009
[Title 39 RCW—page 71]
39.42.080
Title 39 RCW: Public Contracts and Indebtedness
c 479 § 24; 2007 c 215 § 2; 2003 1st sp.s. c 9 § 1; 2002 c 240
§ 8; 1971 ex.s. c 184 § 7.]
Reviser’s note: *(1) For "the effective date of this act," see RCW
39.42.900.
(2) This section was amended by 2009 c 479 § 24 and by 2009 c 500 §
1, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2009 c 500: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009."
[2009 c 500 § 14.]
Effective date—2009 c 479: See note following RCW 2.56.030.
Finding—Intent—2007 c 215: "The legislature finds that after passage
of a constitutional amendment (*House Joint Resolution No. 4215 or Senate
Joint Resolution No. 8220), the state investment board will be permitted in
accordance with RCW 43.33A.140 to invest a portion of the higher education permanent funds in equities. The legislature further recognizes that by
investing in equities, the value of the higher education permanent funds may
fluctuate over time due to market changes even if no disposition of the fund
principal is made. The removal of the word "irreducible" in this act, describing the higher education permanent funds, is needed to clarify that the mere
reduction in market value of a permanent fund due to such fluctuations
would not violate the mandate of the statute. It is the intent of the legislature
to clarify state law to permit equity investment of higher education permanent funds even if there is a decline in the value of a permanent fund due to
market changes. It is not the intent of the legislature to change the requirement that unless otherwise allowed by law the principal amounts in the
higher education permanent funds are to be held in perpetuity for the benefit
of the designated institutions and future generations, and that only the earnings from a higher education permanent fund may be appropriated to support
the benefited institution." [2007 c 215 § 1.]
*Reviser’s note: House Joint Resolution No. 4215 passed the legislature on April 11, 2007.
Contingent effective date—2007 c 215: "This act takes effect if the
proposed amendment to Article XVI of the state Constitution regarding
investment of certain state moneys is validly submitted to and is approved
and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety." [2007 c 215
§ 10.] The proposed amendment to Article XVI of the state Constitution
(Substitute House Joint Resolution No. 4215) was approved by the people at
the November 6, 2007, general election.
Severability—Effective date—2002 c 240: See RCW 43.99G.902 and
43.99G.903.
39.42.080 Obligations allowable under debt limitation. The foregoing limitation on the aggregate amount of
indebtedness of the state shall not prevent:
(1) The issuance of obligations to refund or replace any
such indebtedness existing at any time in an amount not
exceeding 1.05 times the amount which, taking into account
earnings from the investment of the proceeds of the issue, is
required to pay the principal thereof, interest thereon, and any
premium payable with respect thereto, and the costs incurred
in accomplishing such refunding, as provided in chapter
39.53 RCW, as now or hereafter amended: PROVIDED,
That any proceeds of the refunding, bonds in excess of those
acquired to accomplish such refunding or any obligations
acquired with such excess proceeds, shall be applied exclusively for the payment of principal, interest, or call premiums
with respect to such refunding obligations;
(2) The issuance of obligations in anticipation of revenues to be received by the state during a period of twelve calendar months next following their issuance;
(3) The issuance of obligations payable solely from revenues of particular public improvements;
39.42.080
[Title 39 RCW—page 72]
(4) A pledge of the full faith, credit, and taxing power of
the state to guarantee the payment of any obligation payable
from any of revenues received from any of the following
sources:
(a) the fees collected by the state as license fees for
motor vehicles;
(b) excise taxes collected by the state on the sale, distribution, or use of motor vehicle fuel; and
(c) interest on the permanent common school fund:
PROVIDED, That the legislature shall, at all times, provide sufficient revenues from such sources to pay the principal and interest due on all obligations for which said source
of revenue is pledged. [1974 ex.s. c 111 § 1; 1971 ex.s. c 184
§ 8.]
Additional notes found at www.leg.wa.gov
39.42.090 Certificates of indebtedness—Issued,
when—Retirement. The state finance committee may issue
certificates of indebtedness in such sum or sums that may be
necessary to meet temporary deficiencies of the treasury.
Such certificates may be issued only to provide for the appropriations already made by the legislature and such certificates
must be retired and the debt discharged other than by refunding within twelve months after the date of issuance.
For the purposes of this section, the state treasury shall
include all statutorily established funds and accounts except
for any of the permanent funds of the state treasury. [2007 c
215 § 3; 1985 c 57 § 21; 1971 ex.s. c 184 § 9.]
39.42.090
Finding—Intent—Contingent effective date—2007 c 215: See notes
following RCW 39.42.070.
Additional notes found at www.leg.wa.gov
39.42.100
39.42.100 Evidences of indebtedness—Defects not to
affect validity—Copy of resolution authorizing issuance
filed—Action to contest before delivery. Bonds, notes, or
other obligations issued and sold by the state of Washington
pursuant to and in conformity with this chapter shall not be
invalid for any irregularity or defect in the proceedings of the
issuance or sale thereof, except as provided in this paragraph,
and shall be incontestable in the hands of a bona fide purchaser or holder thereof. Whenever the state finance committee determines to issue bonds, notes or other evidences of
indebtedness, it shall file with the treasurer a certified copy of
the resolution authorizing their issuance at least thirty days
prior to delivery to the purchaser of such bonds, notes, of
other evidences of indebtedness. At any time prior to delivery, any person in interest shall have the right to institute an
appropriate action or proceeding to contest the validity of the
authorized indebtedness, the pledge of revenues for the payment of principal and interest on such indebtedness, the
validity of the collection and disposition of revenue necessary to pay the principal and interest on such indebtedness,
the expenditure of the proceeds derived from the sale of the
evidences of indebtedness for the purposes specified by law,
and the validity of all other provisions and proceedings in
connection with the authorization and issuance of the evidences of indebtedness. If such action or proceeding shall not
have been instituted prior to delivery, then the validity of the
evidences of indebtedness shall be conclusively presumed
(2010 Ed.)
Bonds—Miscellaneous Provisions, Bond Information Reporting
and no court shall have authority to inquire into such matters.
[1971 ex.s. c 184 § 10.]
39.42.110 Evidences of indebtedness—As negotiable
instruments, legal investments, and security for deposits.
All evidences of indebtedness issued under the provisions of
this chapter shall be fully negotiable instruments and shall be
legal investment for all state funds or for funds under state
control and all funds of municipal corporations, and shall be
legal security for all state, county and municipal deposits.
[1971 ex.s. c 184 § 11.]
39.42.110
39.42.120 Excess earnings account—Payments to
United States treasury. The excess earnings account is created in the state treasury. From the revenue funds from which
principal and interest payments on bonds are provided, the
state treasurer shall periodically transfer to the excess earnings account such amounts as are owed to the federal government under section 148 of the federal internal revenue code.
Pursuant to legislative appropriation from the excess earnings
account, the state treasurer shall periodically remit to the
United States treasury any amounts owed to the federal government under section 148 of the federal internal revenue
code. [1988 c 92 § 1.]
39.42.120
39.42.130 Aggregate state debt not to exceed debt
limitation—State finance committee duties. (1) The state
shall not contract any bonds, notes, or other evidences of
indebtedness for borrowed money that would cause the
aggregate state debt to exceed the debt limitation, as specified
in Article VIII, section 1(b) of the state Constitution.
(2) It shall be the duty of the state finance committee to
compute annually the amount required to pay principal of and
interest on outstanding debt.
(3) To the extent necessary because of the state constitutional debt limitation, priorities with respect to the issuance
or guaranteeing of bonds, notes, or other evidences of indebtedness by the state shall be determined by the state finance
committee. [2009 c 500 § 2.]
39.42.130
Effective date—2009 c 500: See note following RCW 39.42.070.
39.42.900 Effective date—1971 ex.s. c 184. This act
shall become effective coincident with the effective date of
the constitutional amendment to Article VIII, section 1 and to
Article VIII, section 3 of the Washington state Constitution
as presented for a vote of the people by HJR 52, 1971 regular
session. Unless such constitutional amendment shall be
approved by the people at the next general election, this chapter shall be null and void. [1971 ex.s. c 184 § 12.]
39.42.900
Reviser’s note: House Joint Resolution No. 52 was approved by the
voters at the November 1972 general election.
Chapter 39.44 RCW
BONDS—MISCELLANEOUS PROVISIONS,
BOND INFORMATION REPORTING
Chapter 39.44
Sections
39.44.070
39.44.100
39.44.101
(2010 Ed.)
Life of bonds.
Facsimile signatures on bonds and coupons.
Facsimile signatures on bonds and coupons—Fraud—
Destruction of plates—Penalty.
39.44.102
39.44.110
39.44.120
39.44.130
39.44.140
39.44.200
39.44.210
39.44.230
39.44.240
39.44.900
39.44.100
Facsimile signatures on bonds and coupons—Statements and
signatures required on registered bonds.
Registration—Payment—Assignment.
Payment of coupon interest.
Treasurers as registration officers—Fiscal agent.
Revenue bonds—Funds for reserve purposes may be included
in issue amount.
State and local government bond information—Definitions.
State and local government bond information—Submittal—
Contents—Annual report.
State and local government bond information—Rules.
State and local government bond information—Validity of
bonds not affected.
Validation—Savings—1982 c 216.
Cities and towns, local improvement bonds: Chapter 35.45 RCW.
Counties, bonds
form, interest, etc.: Chapter 36.67 RCW.
to acquire land for military purposes, form, interest, etc.: Chapter 37.08
RCW.
County road bonds, form, interest, etc.: Chapter 36.76 RCW.
Funding bonds, interest rate, form, sale, payment, etc.: Chapter 39.52 RCW.
Industrial development revenue bonds: Chapter 39.84 RCW.
Irrigation district bonds, form, interest, maturity, etc.: RCW 87.03.200.
Municipal revenue bond act: Chapter 35.41 RCW.
Port district bonds, form, terms, etc.: Chapters 53.40 and 53.44 RCW.
Public utility district bonds, form, terms, etc.: RCW 54.24.018.
School district bonds, form, terms of sale, etc.: Chapter 28A.530 RCW.
Validation: Chapter 39.90 RCW.
Water-sewer district bonds, form, terms, etc.: RCW 57.20.010.
39.44.070 Life of bonds. Notwithstanding the provisions of any charter to the contrary, bonds issued under
*RCW 39.44.010 through 39.44.080 may be issued to run for
a period up to forty years from the date of the issue and shall,
as near as practicable, be issued for a period which shall not
exceed the life of the improvement to be acquired by the use
of the bonds. [1967 c 107 § 5; 1923 c 151 § 5; RRS § 55835.]
39.44.070
*Reviser’s note: RCW 39.44.010, 39.44.011, 39.44.020, 39.44.030,
39.44.060, and 39.44.080 were repealed by 1984 c 186 § 70.
39.44.100 Facsimile signatures on bonds and coupons. On all bonds hereafter issued by the state or any
agency thereof or by any county, city, town, municipal corporation, quasi municipal corporation, junior taxing district,
school district or other political subdivision of the state, the
printed, engraved or lithographed facsimile signatures of the
officers required by law to sign the bonds or any interest coupons thereon shall be sufficient signature on such bonds or
coupons: PROVIDED, That such facsimile signatures shall
not be used on the bonds of issues of less than one hundred
thousand dollars par value and may always be used on interest coupons.
Whenever such facsimile signature reproduction of the
signature of any officer is used in place of the personal signature of such officer, the issuing authority shall specify in a
written order or requisition to the printer, engraver, or lithographer, the number of bonds or coupons upon which such
facsimile signature is to be printed, engraved, or lithographed, and the manner of numbering the bonds or coupons
upon which such signature shall be placed. Within ninety
days after the completion of the printing, engraving, or lithographing of such bonds or coupons, the plate or plates used
for the purpose of affixing the facsimile signature shall be
39.44.100
[Title 39 RCW—page 73]
39.44.101
Title 39 RCW: Public Contracts and Indebtedness
destroyed and it shall be the duty of the issuing authority,
within ninety days after receipt of the completed bonds or
coupons, to ascertain that such plate or plates have been
destroyed. [1983 c 167 § 107; 1961 c 141 § 3; 1955 c 375 §
1; 1941 c 52 § 1; Rem. Supp. 1941 § 5583-1a.]
Uniform facsimile signature of public officials act: Chapter 39.62 RCW.
Additional notes found at www.leg.wa.gov
39.44.101 Facsimile signatures on bonds and coupons—Fraud—Destruction of plates—Penalty. Every
printer, engraver, or lithographer, who with the intent to
defraud, prints, engraves, or lithographs a facsimile signature
upon any bond or coupon without written order of the issuing
authority, or fails to destroy such plate or plates containing
the facsimile signature upon direction of such issuing authority, is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 212; 1955 c 375 § 2.]
39.44.101
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Fraud, forgery: Chapter 9A.60 RCW.
39.44.102 Facsimile signatures on bonds and coupons—Statements and signatures required on registered
bonds. Where any bond so issued requires registration by the
county treasurer, that bond shall bear a statement on the back
thereof showing the name of the person to whom sold, date of
issue, the number and series of the bond, and shall be signed
by the county treasurer in his own name or by a deputy
county treasurer in his own name. [1955 c 375 § 3.]
39.44.102
39.44.110 Registration—Payment—Assignment.
Upon the presentation at the office of the officer or agent
hereinafter provided for, any bond which is bearer in form
that has heretofore been or may hereafter be issued by any
county, city, town, port, school district, or other municipal or
quasi municipal corporation in this state, may, if so provided
in the proceedings authorizing the issuance of the same, be
registered as to principal in the name of the owner upon the
books of such municipality to be kept in said office, such registration to be noted on the reverse of the bond by such officer
or agent. The principal of any bond so registered shall be payable only to the payee, his legal representative, successors or
assigns, and such bond shall be transferable to another registered holder or back to bearer only upon presentation to such
officer or agent, with a written assignment duly acknowledged or proved. The name of the assignee shall be written
upon any bond so transferred and in the books so kept in the
office of such officer or agent. [1983 c 167 § 108; 1961 c 141
§ 4; 1915 c 91 § 1; RRS § 5494.]
39.44.110
of all unmatured coupons and the registration of such bond.
Thereafter the interest evidenced by such canceled coupons
shall be paid at the times provided therein to the registered
owner of such bond in lawful money of the United States of
America mailed to his address. [1983 c 167 § 109; 1961 c
141 § 5; 1915 c 91 § 2; RRS § 5495.]
Additional notes found at www.leg.wa.gov
39.44.130 Treasurers as registration officers—Fiscal
agent. (1) The duties prescribed in this chapter as to the registration of bonds of any city or town shall be performed by
the treasurer thereof, and as to those of any county, port or
school district by the county treasurer of the county in which
such port or school district lies; but any treasurer as defined
in RCW 39.46.020 may designate its legally designated fiscal
agency or agencies for the performance of such duties, after
making arrangements with such fiscal agency therefor, which
arrangements may include provision for the payment by the
bond owner of a fee for each registration.
(2) The county treasurer as ex officio treasurer of a special district shall act as fiscal agent or may appoint the fiscal
agent to be used by the county. [1995 c 38 § 5; 1994 c 301 §
9; 1985 c 84 § 2; 1983 c 167 § 110; 1971 ex.s. c 79 § 1; 1915
c 91 § 3; RRS § 5496.]
39.44.130
Fiscal agencies: Chapter 43.80 RCW.
Additional notes found at www.leg.wa.gov
39.44.140 Revenue bonds—Funds for reserve purposes may be included in issue amount. Any county, city,
town, political subdivision, or other municipal or quasi
municipal corporation authorized to issue revenue bonds may
include in the amount of any such issue funds for the purpose
of establishing, maintaining or increasing reserves to:
(1) Secure the payment of the principal of and interest on
such revenue bonds; or
(2) Provide for replacements or renewals of or repairs or
betterments to revenue producing facilities; or
(3) Provide for contingencies, including, but not limited
to, loss of revenue caused by such contingencies.
The authority granted pursuant to this section is additional and supplemental to any existing authority to issue revenue bonds and nothing in this section shall prevent the issuance of such bonds pursuant to any other law: PROVIDED,
That no such bond issue may include an amount in excess of
fifteen percent thereof for the purpose of establishing, maintaining or increasing reserves as enumerated above. [1983 c
167 § 111; 1977 ex.s. c 229 § 1.]
39.44.140
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
39.44.200 State and local government bond information—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW
39.44.200 through 39.44.240.
(1) "Bond" means "bond" as defined in RCW 39.46.020,
but also includes any other indebtedness that may be issued
by any local government to fund private activities or purposes where the indebtedness is of a nonrecourse nature payable from private sources, including debt issued under chapter 39.50 RCW.
39.44.200
39.44.120 Payment of coupon interest. If so provided
in the proceedings authorizing the issuance of any such
bonds, upon the registration thereof as to principal, or at any
time thereafter, the coupons thereto attached, evidencing all
interest to be paid thereon to the date of maturity, may be surrendered to the officer or agent hereinafter provided and the
bonds shall also become registered as to interest. Such coupons shall be canceled by such officer or agent, who shall
sign a statement endorsed upon such bond of the cancellation
39.44.120
[Title 39 RCW—page 74]
(2010 Ed.)
Bonds—Other Miscellaneous Provisions—Registration
(2) "Local government" means "local government" as
defined in RCW 39.46.020.
(3) "Type of bond" includes: (a) General obligation
bonds, including councilmanic and voter-approved bonds;
(b) revenue bonds; (c) local improvement district bonds; (d)
special assessment bonds such as those issued by irrigation
districts and diking districts; and (e) other classes of bonds.
(4) "State" means "state" as defined in RCW 39.46.020
but also includes any commissions or other entities of the
state. [2001 c 299 § 14; 1990 c 220 § 1; 1989 c 225 § 1; 1987
c 297 § 12; 1985 c 130 § 5.]
39.46.010
local governments, including summaries of outstanding bond
issues. [1995 c 399 § 55; 1989 c 225 § 3; 1985 c 130 § 3.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
39.44.240 State and local government bond information—Validity of bonds not affected. Failure to file the
information required by RCW 39.44.210 and 39.44.230 shall
not affect the validity of the bonds that are issued. [1989 c
225 § 4; 1985 c 130 § 4.]
39.44.240
39.44.900 Validation—Savings—1982 c 216. All
bonds, the issuance of which was authorized or ratified at a
general or special election held within the issuing jurisdiction
prior to April 3, 1982, or the proposition for the issuance of
which will be submitted at such an election pursuant to action
of the legislative authority of the issuer taken prior to April 3,
1982, may be sold and issued with an interest rate or rates
greater than any interest rate restriction contained in the ballot proposition or ordinance or resolution relating to such
authorization or ratification if such bonds are or were sold
and issued in accordance with the sale provisions and with an
interest rate or rates not greater than those permitted by the
applicable provision of *this amendatory act, and any such
bonds heretofore sold are declared valid obligations of the
issuer. This section shall not apply to bonds having a total
value exceeding fifteen million dollars. [1982 c 216 § 12.]
39.44.900
Additional notes found at www.leg.wa.gov
39.44.210 State and local government bond information—Submittal—Contents—Annual report. For each
state or local government bond issued, the underwriter of the
issue shall supply the *department of community, trade, and
economic development with information on the bond issue
within twenty days of its issuance. In cases where the issuer
of the bond makes a direct or private sale to a purchaser without benefit of an underwriter, the issuer shall supply the
required information. The bond issue information shall be
provided on a form prescribed by the *department of community, trade, and economic development and shall include but
is not limited to: (1) The par value of the bond issue; (2) the
effective interest rates; (3) a schedule of maturities; (4) the
purposes of the bond issue; (5) cost of issuance information;
and (6) the type of bonds that are issued. A copy of the bond
covenants shall be supplied with this information.
For each state or local government bond issued, the
issuer’s bond counsel promptly shall provide to the underwriter or to the *department of community, trade, and economic development information on the amount of any fees
charged for services rendered with regard to the bond issue.
Each local government that issues any type of bond shall
make a report annually to the *department of community,
trade, and economic development that includes a summary of
all the outstanding bonds of the local government as of the
first day of January in that year. Such report shall distinguish
the outstanding bond issues on the basis of the type of bond,
as defined in RCW 39.44.200, and shall report the local government’s outstanding indebtedness compared to any applicable limitations on indebtedness, including RCW 35.42.200,
39.30.010, and 39.36.020. [1995 c 399 § 54; 1990 c 220 § 2;
1989 c 225 § 2; 1985 c 130 § 1.]
39.44.210
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
*Reviser’s note: For codification of "this amendatory act" [1982 c
216], see Codification Tables, Volume 0.
Chapter 39.46
Sections
39.46.010
39.46.020
39.46.030
39.46.040
39.46.050
39.46.060
39.46.070
39.46.100
39.46.110
39.46.120
39.46.150
39.46.160
Fiscal agencies: Chapter 43.80 RCW.
Publication of local government bond information by department of community, trade, and economic development—Adoption of rules: RCW
43.63A.155.
39.44.230 State and local government bond information—Rules. The *department of community, trade, and
economic development may adopt rules and regulations pursuant to the administrative procedure act to require (1) the
submission of bond issuance information by underwriters and
bond counsel to the *department of community, trade, and
economic development in a timely manner and (2) the submission of additional information on bond issues by state and
39.44.230
(2010 Ed.)
Chapter 39.46 RCW
BONDS—OTHER MISCELLANEOUS
PROVISIONS—REGISTRATION
Purposes—Liberal construction.
Definitions.
Registration system authorized—Requirements—Fiscal agencies, agents.
Bonds—Issuer to determine amount, terms, conditions, interest, etc.
Bonds—Issuer authorized to establish lines of credit.
Bonds—Reproduction of physical instrument.
Bonds—Payment of costs of issuance and sale.
RCW 39.46.010 through 39.46.070 constitutes alternative
method.
Local government general obligation bonds—Indebtedness—
Payment—Notice by special district.
Notice of intent to sell general obligation bonds.
Revenue bonds—Alternative method of issuance—Limitations.
Revenue bonds—Alternative method of issuance—Bonds
may include reserve funds.
39.46.010 Purposes—Liberal construction. The purposes of this chapter are to permit the state and local governments to conform with registration requirements of federal
law which are necessary to exempt interest payments from
federal income taxes when the state or local governments
issue bonds or incur other obligations and to authorize the
establishment and maintenance of differing systems of registering bonds and other obligations as these systems are developed and recognized, which may be instituted, discontinued,
and reinstituted from time to time. It is further the purpose of
this chapter to grant local governments an alternative flexible
39.46.010
[Title 39 RCW—page 75]
39.46.020
Title 39 RCW: Public Contracts and Indebtedness
authority to structure and sell their bond issues and to include
a variety of features on their bonds.
This act shall be liberally construed to effect its purposes. [1983 c 167 § 1.]
Additional notes found at www.leg.wa.gov
39.46.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Bond" means any agreement which may or may not
be represented by a physical instrument, including notes,
warrants, or certificates of indebtedness, that evidences an
indebtedness of the state or a local government or a fund
thereof, where the state or local government agrees to pay a
specified amount of money, with or without interest, at a designated time or times to either registered owners or bearers,
including debt issued under chapter 39.50 RCW.
(2) "Local government" means any county, city, town,
special purpose district, political subdivision, municipal corporation, or quasi municipal corporation, including any public corporation created by such an entity.
(3) "Obligation" means an agreement that evidences an
indebtedness of the state or a local government, other than a
bond, and includes, but is not limited to, conditional sales
contracts, lease obligations, and promissory notes.
(4) "State" includes the state, agencies of the state, and
public corporations created by the state or agencies of the
state.
(5) "Treasurer" means the state treasurer, county treasurer, city treasurer, or treasurer of any other municipal corporation. [2001 c 299 § 15; 1995 c 38 § 6; 1994 c 301 § 10;
1983 c 167 § 2.]
39.46.020
Additional notes found at www.leg.wa.gov
39.46.030 Registration system authorized—Requirements—Fiscal agencies, agents. (1) The state and local
governments are authorized to establish a system of registering the ownership of their bonds or other obligations as to
principal and interest, or principal only. Registration may
include, without limitation: (a) A book entry system of
recording the ownership of a bond or other obligation
whether or not a physical instrument is issued; or (b) recording the ownership of a bond or other obligation together with
the requirement that the transfer of ownership may only be
effected by the surrender of the old bond or other obligation
and either the reissuance of the old bond or other obligation
or the issuance of a new bond or other obligation to the new
owner.
(2) The system of registration shall define the method or
methods by which transfer of the registered bonds or other
obligations shall be effective, and by which payment of principal and any interest shall be made. The system of registration may permit the issuance of bonds or other obligations in
any denomination to represent several registered bonds or
other obligations of smaller denominations. The system of
registration may also provide for any writing relating to a
bond or other obligation that is not issued as a physical instrument, for identifying numbers or other designations, for a
sufficient supply of certificates for subsequent transfers, for
record and payment dates, for varying denominations, for
39.46.030
[Title 39 RCW—page 76]
communications to the owners of bonds or other obligations,
for accounting, canceled certificate destruction, registration
and release of securing interests, and for such other incidental
matters pertaining to the registration of bonds or other obligations as the issuer may deem to be necessary or appropriate.
(3)(a) The state treasurer or a local treasurer may appoint
(i) one or more of the fiscal agencies appointed from time to
time by the state finance committee in accordance with chapter 43.80 RCW or (ii) other fiscal agents to act with respect to
an issue of its bonds or other obligations as authenticating
trustee, transfer agent, registrar, and paying or other agent
and specify the rights and duties and means of compensation
of any such fiscal agency so acting. The state treasurer or
local treasurers may also enter into agreements with the fiscal
agency or agencies in connection with the establishment and
maintenance by such fiscal agency or agencies of a central
depository system for the transfer or pledge of bonds or other
obligations.
(b) The county treasurer as ex officio treasurer of a special district shall act as fiscal agent for such special district,
unless the county treasurer appoints either one or more of the
fiscal agencies appointed from time to time by the state
finance committee in accordance with chapter 43.80 RCW or
other fiscal agents selected in a manner consistent with RCW
43.80.120 to act with respect to an issue of its bonds or other
obligations as authenticating trustee, transfer agent, registrar,
and paying or other agent and specify the rights and duties
and means of compensation of any such fiscal agency.
(4) Nothing in this section precludes the issuer, or a
trustee appointed by the issuer pursuant to any other provision of law, from itself performing, either alone or jointly
with other issuers, fiscal agencies, or trustees, any transfer,
registration, authentication, payment, or other function
described in this section. [1995 c 38 § 7; 1994 c 301 § 11;
1985 c 84 § 1; 1983 c 167 § 3.]
Additional notes found at www.leg.wa.gov
39.46.040
39.46.040 Bonds—Issuer to determine amount,
terms, conditions, interest, etc. A local government authorized to issue bonds shall determine for the bond issue its
amount, date or dates, terms not in excess of the maximum
term otherwise provided in law, conditions, bond denominations, interest rate or rates, which may be fixed or variable,
interest payment dates, maturity or maturities, redemption
rights, registration privileges, manner of execution, price,
manner of sale, covenants, and form, including registration as
to principal and interest, registration as to principal only, or
bearer. Registration may be as provided in RCW 39.46.030.
[1983 c 167 § 4.]
Additional notes found at www.leg.wa.gov
39.46.050
39.46.050 Bonds—Issuer authorized to establish
lines of credit. Each local government authorized to issue
bonds is authorized to establish lines of credit with any qualified public depository to be drawn upon in exchange for its
bonds or other obligations, to delegate to its treasurer authority to determine the amount of credit extended, and to pay
interest and other finance or service charges. The interest
rates on such bonds or other obligations may be a fixed rate
(2010 Ed.)
Bonds—Other Miscellaneous Provisions—Registration
or rates set periodically or a variable rate or rates determined
by agreement of the parties. [2003 c 23 § 1; 1983 c 167 § 5.]
Additional notes found at www.leg.wa.gov
39.46.060 Bonds—Reproduction of physical instrument. Where bonds are issued by the state or a local government as physical instruments, the bonds shall be printed,
engraved, lithographed, typed, or reproduced and the manual
or facsimile signatures of both a designated officer and chairperson of the governing body or chief executive shall be
included on each bond. [1983 c 167 § 6.]
39.46.060
Additional notes found at www.leg.wa.gov
39.46.070 Bonds—Payment of costs of issuance and
sale. (1) Except as provided in subsection (2) of this section,
the proceeds of any bonds issued by the state or a local government may be used to pay incidental costs and costs related
to the sale and issuance of the bonds. Such costs include payments for fiscal and legal expenses, obtaining bond ratings,
printing, engraving, advertising, establishing and funding
reserve accounts and other accounts, an amount for working
capital, capitalized interest for up to six months after completion of construction, necessary and related engineering, architectural, planning, and inspection costs, and other similar
activities or purposes.
(2) In addition to the costs enumerated in subsection (1)
of this section, costs authorized under this section include
capitalized interest for up to seventy-two months from the
date of issuance for bonds issued by the state for the construction of a public toll bridge under chapter 47.46 RCW. [2002
c 114 § 22; 1983 c 167 § 7.]
39.46.070
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Additional notes found at www.leg.wa.gov
39.46.150
local government for that purpose. Such governing body may
pledge the full faith, credit and resources of the local government for the payment of general obligation bonds. The payment of such bonds shall be enforceable in mandamus against
the local government and its officials. The officials now or
hereafter charged by law with the duty of levying taxes
pledged for the payment of general obligation bonds and
interest thereon shall, in the manner provided by law, make
an annual levy of such taxes sufficient together with other
moneys lawfully available and pledge [pledged] therefor to
meet the payments of principal and interest on the bonds as
they come due.
(3) General obligation bonds, whether or not issued as
physical instruments, shall be executed in the manner determined by the governing body or legislative body of the
issuer. If the issuer is the county or a special district for which
the county treasurer is the treasurer, the issuer shall notify the
county treasurer at least thirty days in advance of authorizing
the issuance of bonds or the incurrence of other certificates of
indebtedness.
(4) Unless another statute specifically provides otherwise, the owner of a general obligation bond, or the owner of
an interest coupon, issued by a local government shall not
have any claim against the state arising from the general obligation bond or interest coupon.
(5) As used in this section, the term "local government"
means every unit of local government, including municipal
corporations, quasi municipal corporations, and political subdivisions, where property ownership is not a prerequisite to
vote in the local government’s elections. [1998 c 106 § 7;
1995 c 38 § 8; 1994 c 301 § 12; 1984 c 186 § 2.]
Purpose—1984 c 186: "The purpose of this 1984 act is to provide simplified and uniform authorities for various local governments to issue and
sell general obligation bonds. It is not the purpose of this 1984 act to alter the
indebtedness limitation of local governments." [1984 c 186 § 1.]
Additional notes found at www.leg.wa.gov
39.46.100 RCW 39.46.010 through 39.46.070 constitutes alternative method. RCW 39.46.010 through
39.46.070 shall be deemed to provide a complete, additional,
and alternative method for the performance of those subjects
authorized by these sections and shall be regarded as supplemental and additional to powers conferred by other state
laws. Whenever bonds and other obligations are issued and
sold in conformance with RCW 39.46.010 through
39.46.070, such issuance and sale need not comply with contrary requirements of other state laws applicable to the issuance and sale of bonds or other obligations. [1983 c 167 § 8.]
39.46.100
Additional notes found at www.leg.wa.gov
39.46.110 Local government general obligation
bonds—Indebtedness—Payment—Notice by special district. (1) General obligation bonds of local governments
shall be subject to this section. Unless otherwise stated in
law, the maximum term of any general obligation bond issue
shall be forty years.
(2) General obligation bonds constitute an indebtedness
of the local government issuing the bonds that are subject to
the indebtedness limitations provided in Article VIII, section
6 of the state Constitution and are payable from tax revenues
of the local government and such other money lawfully available and pledged or provided by the governing body of the
39.46.110
(2010 Ed.)
39.46.120 Notice of intent to sell general obligation
bonds. Notice of intent to sell general obligation bonds at a
public sale shall be provided in a reasonable manner as determined by the legislative authority or governing body of the
issuer. [1984 c 186 § 4.]
39.46.120
Purpose—1984 c 186: See note following RCW 39.46.110.
39.46.150 Revenue bonds—Alternative method of
issuance—Limitations. (1) Any local government authorized to issue revenue bonds may issue revenue bonds under
this section and RCW 39.46.160. If a local government
chooses to issue revenue bonds under this section and RCW
39.46.160, the issue shall be subject to the limitations and
restrictions of these sections. The authority to issue revenue
bonds under this section and RCW 39.46.160 is supplementary and in addition to any authority otherwise existing. The
maximum term of any revenue bonds shall be forty years
unless another statute authorizing the local government to
issue revenue bonds provides for a different maximum term,
in which event the local government may issue revenue
bonds only with terms not in excess of such different maximum term.
(2) The governing body of a local government issuing
revenue bonds shall create a special fund or funds, or use an
39.46.150
[Title 39 RCW—page 77]
39.46.160
Title 39 RCW: Public Contracts and Indebtedness
existing special fund or funds, exclusively from which, along
with reserve funds which may be created by the governing
body, the principal and interest on such revenue bonds shall
be payable. These reserve funds include those authorized to
be created by RCW 39.46.160.
Subject to the limitations contained in this section, the
governing body of a local government may provide such covenants as it may deem necessary to secure the payment of the
principal of and interest on revenue bonds, and premium on
revenue bonds, if any. Such covenants may include, but are
not limited to, depositing certain revenues into a special fund
or funds as provided in subsection (3) of this section; establishing, maintaining, and collecting fees, rates, charges, tariffs, or rentals, on facilities and services, the income of which
is pledged for the payment of such bonds; operating, maintaining, managing, accounting, and auditing the local government; appointing trustees, depositaries, and paying agents;
and any and all matters of like or different character, which
affect the security or protection of the revenue bonds.
(3) The governing body may obligate the local government to set aside and pay into a special fund or funds created
under subsection (2) of this section a proportion or a fixed
amount of the revenues from the following: (a) The public
improvements, projects, or facilities that are financed by the
revenue bonds; or (b) the public utility or system, or an addition or extension to the public utility or system, where the
improvements, projects, or facilities financed by the revenue
bonds are a portion of the public utility or system; or (c) all
the revenues of the local government; or (d) any other money
legally available for such purposes. As used in this subsection, the term "revenues" includes the operating revenues of a
local government that result from fees, rates, charges, tariffs,
or rentals imposed upon the use or availability or benefit from
projects, facilities, or utilities owned or operated by the local
government and from related services provided by the local
government and other revenues legally available to be
pledged to secure the revenue bonds.
The proportion or fixed amount of revenue so obligated
shall be a lien and charge against these revenues, subject only
to maintenance and operating expenses. The governing body
shall have due regard for the cost of maintenance and operation of the public utility, system, improvement, project, facility, addition, or extension that generates revenues obligated
to be placed into the special fund or funds from which the
revenue bonds are payable, and shall not set aside into the
special fund or funds a greater amount or proportion of the
revenues that in its judgment will be available over and above
such cost of maintenance and operation and the proportion or
fixed amount, if any, of the revenue so previously pledged.
Other revenues, including tax revenues, lawfully available
for maintenance or operation of revenue generating facilities
may be used for maintenance and operation purposes even
though the facilities are acquired, constructed, expanded,
replaced, or repaired with moneys arising from the sale of
revenue bonds. However, the use of these other revenues for
maintenance and operation purposes shall not be deemed to
directly or indirectly guarantee the revenue bonds or create a
general obligation. The obligation to maintain and impose
fees, rates, charges, tariffs, or rentals at levels sufficient to
finance maintenance and operations shall remain if the other
revenues available for such purposes diminish or cease.
[Title 39 RCW—page 78]
The governing body may also provide that revenue
bonds payable out of the same source or sources of revenue
may later be issued on a parity with any revenue bonds being
issued and sold.
(4) A revenue bond issued by a local government shall
not constitute an obligation of the state, either general or special, nor a general obligation of the local government issuing
the bond, but is a special obligation of the local government
issuing the bond, and the interest and principal on the bond
shall only be payable from the special fund or funds established pursuant to subsection (2) of this section, the revenues
lawfully pledged to the special fund or funds, and any lawfully created reserve funds. The owner of a revenue bond
shall not have any claim for the payment thereof against the
local government arising from the revenue bond except for
payment from the special fund or funds, the revenues lawfully pledged to the special fund or funds, and any lawfully
created reserve funds. The owner of a revenue bond issued by
a local government shall not have any claim against the state
arising from the revenue bond. Tax revenues shall not be
used directly or indirectly to secure or guarantee the payment
of the principal of or interest on revenue bonds.
[(5)] The substance of the limitations included in this
subsection shall be plainly printed, written, engraved, or
reproduced on: (a) Each revenue bond that is a physical
instrument; (b) the official notice of sale; and (c) each official
statement associated with the bonds.
(6) The authority to create a fund shall include the
authority to create accounts within a fund.
(7) Local governments issuing revenue bonds, payable
from revenues derived from projects, facilities, or utilities,
shall covenant to maintain and keep these projects, facilities,
or utilities in proper operating condition for their useful life.
[1986 c 168 § 1.]
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
39.46.160 Revenue bonds—Alternative method of
issuance—Bonds may include reserve funds. Any local
government issuing revenue bonds under this section and
RCW 39.46.150 may include in the amount of any such issue
money for the purpose of establishing, maintaining, or
increasing reserve funds to:
(1) Secure the payment of the principal of and interest on
such revenue bonds; or
(2) Provide for replacements or renewals of or repairs or
betterments to revenue producing facilities; or
(3) Provide for contingencies, including, but not limited
to, loss of revenue caused by such contingencies. [1986 c
168 § 2.]
39.46.160
Chapter 39.48
Chapter 39.48 RCW
BONDS SOLD TO GOVERNMENT
AT PRIVATE SALE
Sections
39.48.010
39.48.020
39.48.030
39.48.040
Authority conferred.
Amortization—Requirements relaxed.
"Issuer" defined.
Chapter optional.
(2010 Ed.)
Short-Term Obligations—Municipal Corporations
39.48.010
39.48.010 Authority conferred. Bonds and securities
of all kinds heretofore or hereafter authorized, issued by any
issuing corporation or district (hereinafter called the "issuer"
and as hereinafter specified), whether such bonds and securities be issued for such issuer itself or for any other taxing or
assessment district within its limits, and whether payable in
whole or in part out of and from general taxes or payable in
whole or in part out of and from the earnings to be derived
from any utility, system, construction, work, or works,
belonging to or operated by any such issuer, or payable in
whole or in part out of and from "local" or "benefit" assessments upon lands within any assessment district or assessment subdivision within any such issuer, may be sold to the
United States government or to any department, corporation
or agency thereof by private sale without giving any prior
notice thereof by publication or otherwise and in such manner as the governing authority of such issuer may provide:
PROVIDED, Only that bonds or other securities sold at private sale under the authority of this chapter shall bear interest
at a rate or rates as authorized by the issuer and that all bonds
and securities sold and issued under the authority of this
chapter shall be sold, if now required by existing law, at not
less than par and accrued interest. [1970 ex.s. c 56 § 59; 1969
ex.s. c 232 § 76; 1933 ex.s. c 30 § 1; RRS § 5583-11.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
39.48.020
39.48.020 Amortization—Requirements relaxed. It
shall be proper to provide with respect to any bonds now
required to be amortized as provided by *RCW 39.44.010
through 39.44.080, that such amortized annual maturities
shall commence to be payable at any time on or before five
years from the date of said bonds, and that any bonds, or any
part thereof, issued under the authority of this chapter, shall
be redeemable prior to their fixed maturities, as provided by
the governing board or authority of any such issuer. [1933
ex.s. c 30 § 2; RRS § 5583-12.]
*Reviser’s note: RCW 39.44.010, 39.44.011, 39.44.020, 39.44.030,
39.44.060, and 39.44.080 were repealed by 1984 c 186 § 70.
39.48.030
39.48.030 "Issuer" defined. The issuing corporations,
districts, and subdivisions hereinbefore referred to and
described as "issuer", shall include any county, city, town,
school district, port district, metropolitan park district, taxing
district, assessment district or any public corporation or
municipal corporation authorized by existing law to issue
bonds, securities or other evidences of indebtedness for itself
or for any other taxing or assessment district therein or
department thereof. [1933 ex.s. c 30 § 3; RRS § 5583-13.]
39.48.040
39.48.040 Chapter optional. It shall be optional with
any such issuer, at its discretion, to exercise all or any of the
powers conferred by this chapter in connection with the
adoption and exercise by any such issuer of the provisions
and powers granted by existing law. [1933 ex.s. c 30 § 4;
RRS § 5583-14.]
(2010 Ed.)
Chapter 39.50
39.50.030
Chapter 39.50 RCW
SHORT-TERM OBLIGATIONS—
MUNICIPAL CORPORATIONS
Sections
39.50.010
39.50.020
39.50.030
39.50.040
39.50.050
39.50.060
39.50.070
39.50.900
Definitions.
Short-term obligations authorized.
Issuance of short-term obligations—Procedure—Interest
rate—Contracts for future sale.
Refunding and renewal of short-term obligations.
Short-term obligations—Security.
Nonvoted general indebtedness.
Funds for payment of principal and interest.
Chapter cumulative—Applicability to joint operating agencies.
39.50.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Governing body" means the legislative authority of
a municipal corporation by whatever name designated;
(2) "Local improvement district" includes local improvement districts, utility local improvement districts, road
improvement districts, and other improvement districts that a
municipal corporation is authorized by law to establish;
(3) "Municipal corporation" means any city, town,
county, water-sewer district, school district, port district,
public utility district, metropolitan municipal corporation,
public transportation benefit area, park and recreation district, irrigation district, fire protection district or any other
municipal or quasi municipal corporation described as such
by statute, or regional transit authority, except joint operating
agencies under chapter 43.52 RCW;
(4) "Ordinance" means an ordinance of a city or town or
resolution or other instrument by which the governing body
of the municipal corporation exercising any power under this
chapter takes formal action and adopts legislative provisions
and matters of some permanency; and
(5) "Short-term obligations" are warrants, notes, capital
leases, or other evidences of indebtedness, except bonds.
[2001 c 299 § 16; 1999 c 153 § 54; 1998 c 106 § 8; 1985 c 332
§ 8; 1982 c 216 § 2.]
39.50.010
Additional notes found at www.leg.wa.gov
39.50.020 Short-term obligations authorized. Subject
to any applicable budget requirements, any municipal corporation may borrow money and issue short-term obligations as
provided in this chapter, the proceeds of which may be used
for any lawful purpose of the municipal corporation. Shortterm obligations may be issued in anticipation of the receipt
of revenues, taxes, or grants or the sale of (1) general obligation bonds if the bonds may be issued without the assent of
the voters or if previously ratified by the voters; (2) revenue
bonds if the bonds have been authorized by ordinance; (3)
local improvement district bonds if the bonds have been
authorized by ordinance. These short-term obligations shall
be repaid out of money derived from the source or sources in
anticipation of which they were issued or from any money
otherwise legally available for this purpose. [1982 c 216 § 3.]
39.50.020
39.50.030 Issuance of short-term obligations—Procedure—Interest rate—Contracts for future sale. (1) The
issuance of short-term obligations shall be authorized by
39.50.030
[Title 39 RCW—page 79]
39.50.040
Title 39 RCW: Public Contracts and Indebtedness
ordinance of the governing body which ordinance shall fix
the maximum amount of the obligations to be issued or, if
applicable, the maximum amount which may be outstanding
at any time, the maximum term and interest rate or rates to be
borne thereby, the manner of sale, maximum price, form
including bearer or registered as provided in RCW 39.46.030,
terms, conditions, and the covenants thereof. For those
municipalities and taxing and assessment districts for which
the county treasurer is not the designated treasurer by law, the
ordinance may provide for designation and employment of a
paying agent for the short-term obligations and may authorize a designated representative of the municipal corporation,
subject to the terms of the ordinance in selling and delivering
short-term obligations authorized and fixing the dates, price,
interest rates, and other details as may be specified in the
ordinance. For the county and those taxing and assessment
districts for which the county treasurer is the designated treasurer by law or other appointment, the county treasurer shall
be notified thirty days in advance of borrowing under this
chapter and will be the designated paying agent to act on its
behalf for all payments of principal, interest, and penalties for
that obligation, subject to the terms of the ordinance in selling
and delivering short-term obligations authorized and fixing
the dates, price, interest rates, and other details as may be
specified in the ordinance. Short-term obligations issued
under this section shall bear such fixed or variable rate or
rates of interest as the governing body considers to be in the
best interests of the municipal corporation. Variable rates of
interest may be fixed in relationship to such standard or index
as the governing body designates.
The governing body may make contracts for the future
sale of short-term obligations pursuant to which the purchasers are committed to purchase the short-term obligations
from time to time on the terms and conditions stated in the
contract, and may pay such consideration as it considers
proper for the commitments. Short-term obligations issued in
anticipation of the receipt of taxes shall be paid within six
months from the end of the fiscal year in which they are
issued. For the purpose of this subsection, short-term obligations issued in anticipation of the sale of general obligation
bonds shall not be considered to be obligations issued in
anticipation of the receipt of taxes.
(2) Notwithstanding subsection (1) of this section, such
short-term obligations may be issued and sold in accordance
with chapter 39.46 RCW. [2001 c 299 § 17; 1995 c 38 § 9;
1994 c 301 § 13; 1985 c 71 § 1; 1983 c 167 § 112; 1982 c 216
§ 4.]
Additional notes found at www.leg.wa.gov
term obligations payable from taxes. [1985 c 332 § 9; 1985 c
71 § 2; 1982 c 216 § 5.]
39.50.050 Short-term obligations—Security.
Short-term obligations issued in anticipation of the receipt of
taxes or the sale of general obligation bonds and the interest
thereon shall be secured by the full faith, credit, taxing
power, and resources of the municipal corporation. Shortterm obligations issued in anticipation of the sale of revenue
or local improvement district bonds and the interest thereon
may be secured in the same manner as the revenue and local
improvement district bonds in anticipation of which the obligations are issued and by an undertaking to issue the bonds.
Short-term obligations issued in anticipation of grants, loans,
or other sources of money shall be secured in the manner set
forth in the ordinance authorizing their issuance. [1982 c 216
§ 6.]
39.50.050
39.50.060 Nonvoted general indebtedness. A municipal corporation may incur nonvoted general indebtedness
under this chapter up to an amount which, when added to all
other authorized and outstanding nonvoted indebtedness of
the municipal corporation, is equal to the maximum amount
of indebtedness the municipal corporation is otherwise permitted to incur without a vote of the electors. [1982 c 216 §
7.]
39.50.060
39.50.070 Funds for payment of principal and interest. For the purpose of providing funds for the payment of
principal of and interest on short-term obligations, the governing body may authorize the creation of a special fund or
funds and provide for the payment from authorized sources to
such funds of amounts sufficient to meet principal and interest requirements. [1982 c 216 § 8.]
39.50.070
39.50.900 Chapter cumulative—Applicability to
joint operating agencies. The authority granted by this
chapter shall be in addition and supplemental to any authority
previously granted and shall not limit any other powers or
authority previously granted to any municipal corporation.
The authority granted by this chapter to public utility districts
organized under Title 54 RCW shall not extend to joint operating agencies organized under chapter 43.52 RCW. [1982 c
216 § 9.]
39.50.900
Chapter 39.52
Chapter 39.52 RCW
FUNDING INDEBTEDNESS IN COUNTIES,
CITIES, AND TOWNS
39.50.040
39.50.040 Refunding and renewal of short-term obligations. Short-term obligations may, from time to time, be
renewed or refunded by the issuance of short-term obligations and may be funded by the issuance of revenue, local
improvement district, special assessment, or general obligation bonds. Short-term obligations payable from taxes shall
not be renewed or refunded to a date later than six months
from the end of the fiscal year in which the original shortterm obligation was issued. For the purpose of this section,
short-term obligations issued in anticipation of the sale of
general obligation bonds shall not be considered to be short[Title 39 RCW—page 80]
Sections
39.52.010
39.52.015
39.52.020
39.52.035
39.52.050
Issuance of funding bonds authorized.
Validation of prior bond issues.
Limitations on issuance of bonds.
Tax levy—Purpose.
"Corporate authorities" defined.
Cities and towns, ratification and funding of indebtedness: Chapter 35.40
RCW.
Metropolitan municipal corporations, funding and refunding bonds: RCW
35.58.470.
Port districts, funding and refunding indebtedness: Chapter 53.44 RCW.
(2010 Ed.)
Refunding Bond Act
Public utility districts, funding and refunding bonds: RCW 54.24.090.
School districts, refunding bonds: RCW 28A.530.040.
Chapter 39.53
1970 amendatory act to remove all maximum rates of interest payable on
such bonds and obligations." [1970 ex.s. c 56 § 1; 1969 ex.s. c 232 § 1.]
Bonds, form, terms of sale, payment, etc.: Chapter 39.44 RCW.
39.52.010 Issuance of funding bonds authorized.
Any county, city, or town in the state of Washington which
now has or may hereafter have an outstanding indebtedness
evidenced by warrants or bonds, including warrants or bonds
of any county, city, or town which are special fund obligations of and constitute a lien upon the waterworks or other
public utilities of such county, city, or town, and are payable
only from the income or funds derived or to be derived therefrom, whether issued originally within the limitations of the
Constitution of this state, or of any law thereof, or whether
such outstanding indebtedness has been or may hereafter be
validated or legalized in the manner prescribed by law, may,
by its corporate authorities, provide by ordinance or resolution for the issuance of funding bonds with which to take up
and cancel such outstanding indebtedness in the manner hereinafter described, said bonds to constitute general obligations
of such county, city, or town: PROVIDED, That special fund
obligations payable only from the income funds of the public
utility, shall not be refunded by the issuance of general
municipal bonds where voter approval is required before general municipal bonds may be issued for such public utility
purposes, unless such general municipal bonds shall have
been previously authorized. Nothing in this chapter shall be
so construed as to prevent any such county, city, or town
from funding its indebtedness as now provided by law. [1995
2nd sp.s. c 17 § 6; 1984 c 186 § 36; 1917 c 145 § 1; 1895 c
170 § 1; RRS § 5617.]
39.52.010
Additional notes found at www.leg.wa.gov
39.52.035 Tax levy—Purpose. The corporate authorities of any such county, city or town shall provide annually
by ordinance or resolution for the levy and extension on the
tax rolls of such county, city or town, and for the collection
thereof, of a direct annual tax in addition to all other county,
city or town taxes to be levied according to law, which shall
be sufficient to meet the interest on all of said bonds promptly
as the same matures, and also sufficient to fully pay each
series of bonds as the same matures: PROVIDED, That such
ordinance or resolution shall not be repealed until the levy
therein provided for shall be fully paid, or the bonds both
principal and interest shall be paid or canceled. [1895 c 170
§ 4; RRS § 5621. Formerly RCW 39.52.030, part.]
39.52.035
39.52.050 "Corporate authorities" defined. The
words "corporate authorities", used in this chapter, shall be
held to mean the county legislative authority, or the council
or commission of the city or town. [1984 c 186 § 38; 1895 c
170 § 6; RRS § 5623.]
39.52.050
Purpose—1984 c 186: See note following RCW 39.46.110.
Chapter 39.53
Chapter 39.53 RCW
REFUNDING BOND ACT
Purpose—1984 c 186: See note following RCW 39.46.110.
Sections
Additional notes found at www.leg.wa.gov
39.53.010
39.53.020
39.52.015 Validation of prior bond issues. That all
bonds heretofore voted or issued, and which may have been
or may hereafter be issued by any county, city or town, for
any of the purposes authorized by the preceding section as
hereby amended, including general fund bonds issued for the
purpose of refunding special utility fund bonds or warrants,
shall be validated and have the same force and effect as
though said section had been in full force and effect at the
time said bonds were either authorized or issued. [1917 c 145
§ 2; RRS § 5618.]
39.52.015
39.52.020 Limitations on issuance of bonds. No
bonds issued under this chapter shall be issued for a longer
period than twenty years. Nothing in this chapter shall be
deemed to authorize the issuing of any funding bonds which
exceeds any constitutional or statutory limitations of indebtedness. Such bonds shall be issued and sold in accordance
with chapters 39.46 and 39.53 RCW, exclusive of RCW
39.53.120. [1995 2nd sp.s. c 17 § 7; 1984 c 186 § 37; 1983 c
167 § 113; 1970 ex.s. c 56 § 60; 1969 ex.s. c 232 § 31; 1895
c 170 § 2; RRS § 5619.]
39.53.030
39.53.040
39.53.045
39.53.050
39.53.060
39.53.070
39.52.020
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—1970 ex.s. c 56: "Because market conditions are such that
the state, state agencies, state colleges and universities, and the political subdivisions, municipal corporations and quasi municipal corporations of this
state are finding it increasingly difficult and, in some cases, impossible to
market bond issues and all other obligations, at the maximum permissible
rate of interest payable on such bonds and obligations, it is the purpose of this
(2010 Ed.)
39.53.080
39.53.090
39.53.100
39.53.110
39.53.120
39.53.130
39.53.140
39.53.900
39.53.910
39.53.920
39.53.921
Definitions.
Issuance authorized—Purposes—Saving to public body, criteria.
Refunding bonds may be exchanged for bonds to be refunded
or sold.
What bonds may be refunded—Refunding plans—Redemption of refunding bonds.
Bonds payable from special assessments—Not subject to
refunding.
Refunding bonds, principal amount—Disposition of reserves
held to secure the bonds to be refunded.
Application of proceeds of sale of refunding bonds and other
funds—Investment in government obligations—Incidental
expenses.
Application of proceeds of sale of refunding bonds and other
funds—Contracts for safekeeping and application—Use to
pay and secure refunding bonds—Pledge of revenues—Duty
to provide sufficient money to accomplish refunding.
Pledge of revenues to payment of refunding bonds when
amounts sufficient to pay revenue bonds to be refunded are
irrevocably set aside.
Annual maturities of general obligation refunding bonds
issued to refund voted general obligation bonds.
Use of deposit moneys and investments in computing indebtedness.
Refunding and other bonds may be issued in combination.
Refunding bonds to be issued in accordance with laws applicable to type of bonds to be refunded—Transfer of funds to
applicable bond retirement account.
Amendment of power contracts pursuant to refunding of certain bond issues.
Issuance of general obligation refunding bonds to refund general obligation or revenue bonds.
Short title.
Additional authority—Effect as to other laws.
Severability—1965 ex.s. c 138.
Severability—1977 ex.s. c 262.
[Title 39 RCW—page 81]
39.53.010
Title 39 RCW: Public Contracts and Indebtedness
39.53.010 Definitions. Except where the context otherwise requires, the definitions in this section apply throughout
this chapter:
(1) "Bond" means any revenue bond or general obligation bond.
(2) "General obligation bond" means any bond, note,
warrant, certificate of indebtedness, or other obligation of a
public body which constitutes an indebtedness within the
meaning of the constitutional debt limitation.
(3) "Governing body" means the council, commission,
board of commissioners, board of directors, board of trustees,
board of regents, or other legislative body of the public body
designated herein in which the legislative powers of the public body are vested. With respect to the state, "governing
body" means the state finance committee.
(4) "Government obligations" means any of the following: (a) Direct obligations of, or obligations the principal of
and interest on which are unconditionally guaranteed by the
United States of America and bank certificates of deposit
secured by such obligations; (b) bonds, debentures, notes,
participation certificates, or other obligations issued by the
banks for cooperatives, the federal intermediate credit bank,
the federal home loan bank system, the export-import bank of
the United States, federal land banks, or the federal national
mortgage association; (c) public housing bonds and project
notes fully secured by contracts with the United States; and
(d) obligations of financial institutions insured by the federal
deposit insurance corporation or the federal savings and loan
insurance corporation, to the extent insured or to the extent
guaranteed as permitted under any other provision of state
law.
(5) "Issuer" means the public body issuing any bond or
bonds.
(6) "Ordinance" means an ordinance of a city or town, or
ordinance, resolution or other instrument by which the governing body of the public body exercising any power under
this chapter takes formal action and adopts legislative provisions and matters of some permanency.
(7) "Public body" means the state of Washington, its
agencies, institutions, political subdivisions, and municipal
and quasi-municipal corporations now or hereafter existing
under the laws of the state of Washington.
(8) "Refunding bonds" means bonds issued for the purpose of paying the principal of or redemption premiums or
interest on any outstanding bonds of the issuer, its predecessor, or a related public body.
(9) "Refunding plan" means the plan adopted by an ordinance of a public body to issue refunding bonds and redeem
the bonds to be refunded.
(10) "Revenue bond" means any bond, note, warrant,
certificate of indebtedness, or other obligation for the payment of money that is payable from designated revenues, special assessments, or a special fund but excluding any obligation constituting an indebtedness within the meaning of the
constitutional debt limitation. [1999 c 230 § 1; 1984 c 186 §
68; 1973 1st ex.s. c 25 § 1; 1965 ex.s. c 138 § 2.]
39.53.010
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
39.53.020 Issuance authorized—Purposes—Saving
to public body, criteria. The governing body of any public
39.53.020
[Title 39 RCW—page 82]
body may by ordinance provide for the issuance of refunding
bonds without an election (1) in order to pay or discharge all
or any part of an outstanding series or issue of bonds, including any redemption premiums or interest thereon, in arrears
or about to become due, and for which sufficient funds are
not available, (2) when necessary or in the best interest of the
public body to modify debt service or reserve requirements,
sources of payment, covenants, or other terms of the bonds to
be refunded, or (3) in order to effect a saving to the public
body. To determine whether or not a saving will be effected,
consideration shall be given to the interest to fixed maturities
of the refunding bonds and the bonds to be refunded, the costs
of issuance of the refunding bonds, including any sale discount, the redemption premiums, if any, to be paid, and the
known earned income from the investment of the refunding
bond proceeds pending redemption of the bonds to be
refunded. [1999 c 230 § 2; 1977 ex.s. c 262 § 1; 1974 ex.s. c
111 § 2; 1965 ex.s. c 138 § 3.]
Additional notes found at www.leg.wa.gov
39.53.030 Refunding bonds may be exchanged for
bonds to be refunded or sold. Any refunding bonds issued
may be delivered in exchange for the bonds to be refunded or
may be sold in such manner and at such price as the governing body may in its discretion determine advisable. [1999 c
230 § 3; 1973 1st ex.s. c 25 § 2; 1965 ex.s. c 138 § 4.]
39.53.030
Additional notes found at www.leg.wa.gov
39.53.040 What bonds may be refunded—Refunding
plans—Redemption of refunding bonds. Bonds may be
refunded under this chapter or under any other law of this
state which authorizes the issuance of refunding bonds. In
any refunding plan under this chapter the governing body
shall provide irrevocably in the ordinance authorizing the
issuance of the advance refunding bonds for the redemption
or payment of the bonds to be refunded.
The ordinance authorizing the issuance of refunding
bonds under this chapter may contain such provisions for the
redemption of the refunding bonds prior to maturity and for
payment of a premium upon such redemption as the governing body in its discretion may determine advisable. [1999 c
230 § 4; 1977 ex.s. c 262 § 2; 1973 1st ex.s. c 25 § 3; 1965
ex.s. c 138 § 5.]
39.53.040
Additional notes found at www.leg.wa.gov
39.53.045 Bonds payable from special assessments—
Not subject to refunding. Bonds payable solely from special assessments or special assessments and a guaranty fund
issued on or prior to June 7, 1984, shall not be subject to
refunding under this chapter. [1984 c 186 § 69.]
39.53.045
Purpose—1984 c 186: See note following RCW 39.46.110.
39.53.050 Refunding bonds, principal amount—Disposition of reserves held to secure the bonds to be
refunded. The principal amount of refunding bonds may
exceed the principal amount of the bonds to be refunded by
an amount deemed reasonably required to effect such refunding. The principal amount of the refunding bonds may be less
than or the same as the principal amount of the bonds to be
refunded so long as provision is duly and sufficiently made
39.53.050
(2010 Ed.)
Refunding Bond Act
for the retirement or redemption of such bonds to be
refunded. Any reserves held to secure the bonds to be
refunded, or other available money, may be used to accomplish the refunding in accordance with the refunding plan.
Reserves not so used shall be pledged as security for the
refunding bonds to the extent the reserves, if any, are
required. The balance of any such reserves may be used for
any lawful purpose. [1999 c 230 § 5; 1983 1st ex.s. c 69 § 1;
1977 ex.s. c 262 § 3; 1974 ex.s. c 111 § 3; 1965 ex.s. c 138 §
6.]
Additional notes found at www.leg.wa.gov
39.53.060 Application of proceeds of sale of refunding bonds and other funds—Investment in government
obligations—Incidental expenses. Prior to the application
of the proceeds derived from the sale of refunding bonds to
the purposes for which such bonds have been issued, such
proceeds, together with any other funds the governing body
may set aside for the payment of the bonds to be refunded,
may be invested and reinvested only in government obligations maturing or having guaranteed redemption prices at the
option of the holder at such time or times as may be required
to provide funds sufficient to pay principal, interest and
redemption premiums, if any, in accordance with the refunding plan. To the extent incidental expenses have been capitalized, such bond proceeds may be used to defray such
expenses. [1999 c 230 § 6; 1973 1st ex.s. c 25 § 4; 1965 ex.s.
c 138 § 7.]
39.53.060
Additional notes found at www.leg.wa.gov
39.53.070 Application of proceeds of sale of refunding bonds and other funds—Contracts for safekeeping
and application—Use to pay and secure refunding
bonds—Pledge of revenues—Duty to provide sufficient
money to accomplish refunding. The governing body may
contract with respect to the safekeeping and application of
the refunding bond proceeds and other funds included therewith and the income therefrom including the right to appoint
a trustee which may be any trust company or state or national
bank having powers of a trust company within or without the
state of Washington. The governing body may provide in the
refunding plan that until such moneys are required to redeem
or retire the bonds to be refunded, the refunding bond proceeds and other funds, and the income therefrom shall be
used to pay and secure the payment of the principal of and
interest on the refunding bonds. The governing body may
additionally pledge for the payment of revenue refunding
bonds any revenues which might legally be pledged for the
payment of revenue bonds of the issuer of the type to be
refunded. Provisions must be made by the governing body for
moneys sufficient in amount to accomplish the refunding as
scheduled. [1999 c 230 § 7; 1973 1st ex.s. c 25 § 5; 1965
ex.s. c 138 § 8.]
39.53.070
Additional notes found at www.leg.wa.gov
39.53.080 Pledge of revenues to payment of refunding bonds when amounts sufficient to pay revenue bonds
to be refunded are irrevocably set aside. When a public
body has irrevocably set aside for and pledged to the payment
of revenue bonds to be refunded refunding bond proceeds and
39.53.080
(2010 Ed.)
39.53.120
other moneys in amounts which together with known earned
income from the investment thereof are sufficient in amount
to pay the principal of and interest and any redemption premiums on such revenue bonds as the same become due and to
accomplish the refunding as scheduled, the governing body
may provide that the refunding revenue bonds shall be payable from any source which, either at the time of the issuance
of the refunding bonds or the revenue bonds to be refunded,
might legally be or have been pledged for the payment of the
revenue bonds to be refunded to the extent it may legally do
so, notwithstanding the pledge of such revenues for the payment of the revenue bonds to be refunded. [1999 c 230 § 8;
1965 ex.s. c 138 § 9.]
Additional notes found at www.leg.wa.gov
39.53.090 Annual maturities of general obligation
refunding bonds issued to refund voted general obligation
bonds. The various annual maturities of general obligation
refunding bonds issued to refund voted general obligation
bonds shall not extend over a longer period of time than the
bonds to be refunded. Such maturities may be changed in
amount or shortened in term if the estimated respective
annual principal and interest requirements of the refunding
bonds, computed upon the anticipated effective interest rate
the governing body shall in its discretion determine will be
borne by such bonds, will not exceed the respective annual
principal and interest requirements of the bonds to be
refunded, except the issuer may increase the principal amount
of annual maturities for the purpose of rounding out maturities to the nearest five thousand dollars. [1999 c 230 § 9;
1965 ex.s. c 138 § 10.]
39.53.090
Additional notes found at www.leg.wa.gov
39.53.100 Use of deposit moneys and investments in
computing indebtedness. In computing indebtedness for
the purpose of any constitutional or statutory debt limitation
there shall be deducted from the amount of outstanding
indebtedness the amounts of money and investments credited
to or on deposit for general obligation bond retirement.
[1973 1st ex.s. c 25 § 6; 1965 ex.s. c 138 § 11.]
39.53.100
39.53.110 Refunding and other bonds may be issued
in combination. Refunding bonds and bonds for any other
purpose or purposes authorized may be issued separately or
issued in combination in one or more series or issues by the
same issuer. [1999 c 230 § 10; 1965 ex.s. c 138 § 12.]
39.53.110
Additional notes found at www.leg.wa.gov
39.53.120 Refunding bonds to be issued in accordance with laws applicable to type of bonds to be
refunded—Transfer of funds to applicable bond retirement account. (1) Except as specifically provided in this
chapter, refunding bonds issued under this chapter shall be
issued in accordance with the provisions of law applicable to
the type of bonds of the issuer to be refunded, at the time of
the issuance of either the refunding bonds or the bonds to be
refunded.
(2) For all refunding bonds previously or hereafter issued
by the state of Washington under this chapter, the state treasurer shall transfer from the designated funds or accounts the
39.53.120
[Title 39 RCW—page 83]
39.53.130
Title 39 RCW: Public Contracts and Indebtedness
amount necessary for the payment of principal of and interest
on the refunding bonds to the applicable bond retirement
account for such refunding bonds on each date on which the
interest or principal and interest payment is due on such
refunding bonds unless an earlier transfer date, as determined
by the state finance committee, is necessary or appropriate to
the financial framework of the refunding bonds. [2005 c 487
§ 7; 1999 c 230 § 11; 1965 ex.s. c 138 § 13.]
Severability—Effective date—2005 c 487: See RCW 43.99S.900 and
43.99S.901.
Additional notes found at www.leg.wa.gov
39.53.130 Amendment of power contracts pursuant
to refunding of certain bond issues. If bonds are to be
issued under this chapter for refunding of any bonds issued
specifically to finance any electric power and energy project
or facility and there are contracts in existence for the sale of
electric power and energy generated by such project or facility wherein the cost of power to a purchaser specifically
includes a portion of the debt service on the bonds to be
refunded, such power contracts shall be amended to reflect in
each year during the remaining terms of such contracts that
portion of the savings to be realized from such refunding during each such year equal to the percentage of power output
from such project or facility purchased by the purchaser
under such power contracts. Nothing in this chapter shall be
construed to alter, modify or change any such power contracts without the mutual agreement of the parties thereto.
[1965 ex.s. c 138 § 15.]
pursuant to this chapter is additional to any existing authority
to issue such bonds and nothing in this chapter shall prevent
the issuance of such bonds pursuant to any other law, and this
chapter shall not be construed to amend any existing law
authorizing the issuance of refunding bonds by a public body.
[1965 ex.s. c 138 § 14.]
39.53.920 Severability—1965 ex.s. c 138. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1965 ex.s. c 138 § 16.]
39.53.920
39.53.130
39.53.140 Issuance of general obligation refunding
bonds to refund general obligation or revenue bonds.
Any public body may issue general obligation refunding
bonds to refund any general obligation or revenue bonds of
such issuer or its agencies or instrumentalities. The payment
of general obligation refunding bonds may be additionally
secured by a pledge of the revenues pledged to the payment
of the revenue bonds to be refunded.
If the payment of revenue bonds to be refunded by general obligation bonds of the state is secured by (1) fees collected by the state as license fees for motor vehicles, or (2)
excise taxes collected by the state on the sale, distribution or
use of motor vehicle fuel, or (3) interest on the permanent
school fund, then the state shall also pledge to the payment of
such refunding bonds the same fees, excise taxes, or interest
that were pledged to the payment of the revenue bonds to be
refunded.
Any public body may issue revenue refunding bonds to
refund any general obligation of such issuer or its agencies or
instrumentalities if the bonds to be refunded were issued for
purposes for which those revenue refunding bonds could be
issued. [1999 c 230 § 12; 1974 ex.s. c 111 § 4; 1973 1st ex.s.
c 25 § 7.]
39.53.921 Severability—1977 ex.s. c 262. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 262 § 4.]
39.53.921
Chapter 39.56
Chapter 39.56 RCW
WARRANTS
Sections
39.56.020
39.56.030
39.56.040
39.56.050
Rate on municipal warrants.
Issuing officer to fix rate.
Cancellation of municipal warrants.
Municipal corporations authorized to establish line of credit
for payment of warrants—Interest.
Interest on judgments: RCW 4.56.110.
Usurious rates of interest: Chapter 19.52 RCW.
39.53.140
Additional notes found at www.leg.wa.gov
39.53.900 Short title. This chapter shall be known as
the "Refunding Bond Act." [1965 ex.s. c 138 § 1.]
39.53.900
39.53.910 Additional authority—Effect as to other
laws. The authority of a public body to issue refunding bonds
39.53.910
[Title 39 RCW—page 84]
39.56.020 Rate on municipal warrants. All county,
city, town and school warrants, and all warrants or other evidences of indebtedness, drawn upon or payable from any
public funds, shall bear interest at a rate or rates as authorized
by the issuing authority. [1970 ex.s. c 56 § 106; 1899 c 80 §
4; RRS § 7302. Prior: 1895 c 136 § 3.]
39.56.020
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Cities and towns, local improvement district warrants, interest rate: RCW
35.45.130.
39.56.030 Issuing officer to fix rate. It shall be the
duty of every public officer issuing public warrants to make
monthly investigation to ascertain the market value of the
current warrants issued by him, and he shall, so far as practicable, fix the rate of interest on the warrants issued by him
during the ensuing month so that the par value shall be the
market value thereof. [1981 c 156 § 16; 1981 c 10 § 4; 1899
c 80 § 5; RRS § 7303.]
39.56.030
39.56.040 Cancellation of municipal warrants. Registered or interest bearing warrants of any municipal corporation not presented within one year of the date of their call, or
other warrants not presented within one year of their issue,
shall be canceled by passage of a resolution of the governing
body of the municipal corporation, and upon notice of the
passage of such resolution the auditor of the municipal corporation and the treasurer of the municipal corporation shall
transfer all records of such warrants so as to leave the funds
as if such warrants had never been drawn. [1975 1st ex.s. c
131 § 1.]
39.56.040
(2010 Ed.)
Public Funds—Deposits and Investments—Public Depositaries
39.56.050 Municipal corporations authorized to
establish line of credit for payment of warrants—Interest.
See RCW 43.09.2853.
39.56.050
Chapter 39.58 RCW
PUBLIC FUNDS—DEPOSITS AND INVESTMENTS—
PUBLIC DEPOSITARIES
Chapter 39.58
Sections
39.58.010
39.58.020
39.58.030
39.58.040
39.58.045
39.58.050
39.58.060
39.58.070
39.58.080
39.58.085
39.58.090
39.58.100
39.58.103
39.58.105
39.58.108
39.58.120
39.58.130
39.58.135
39.58.140
39.58.155
39.58.200
39.58.210
39.58.220
39.58.230
39.58.240
39.58.750
Definitions.
Public funds—Protection against loss.
Public deposit protection commission—State finance committee constitutes—Proceedings.
General powers of commission.
Financial institutions claiming exemption from sales, use or ad
valorem taxes—Notification of commission.
Collateral for deposits—Segregation—Eligible securities.
Loss in a public depositary—Procedure for payment.
Subrogation of commission to depositor’s rights—Sums
received from distribution of assets, payment.
Deposit of public funds in public depositary required—Deposits in institutions located outside the state.
Demand accounts in out-of-state and alien banks—Limitations.
Authority to secure deposits in accordance with chapter—
Bonds and securities for deposits dispensed with.
Reports of public depositaries—Certification by director of
financial institutions.
Notice to commission of reduced net worth.
Investigation of financial institution applying to become public depositary—Report.
Requirements to become depositary.
Interest rates.
Investment deposits—Net worth of public depositary.
Limitations on deposits.
Liability of treasurers and state treasurer.
Statewide custodian—Exemption from chapter.
Public depositary pool—Uniform treatment by commission.
Failure to furnish information—Failure to comply with chapter—Revocation of authority—Costs for noncompliance.
Commission—Delegation of authority—Exception.
Liability after merger, takeover, or acquisition.
Credit union as public depositary—Conditions.
Receipt, disbursement, or transfer of public funds by wire or
other electronic communication means authorized.
Department of financial institutions: Chapter 43.320 RCW.
State investment board: Chapter 43.33A RCW.
Surplus funds in state treasury, investment program: Chapter 43.86A RCW.
39.58.010 Definitions. In this chapter, unless the context otherwise requires:
(1) "Capitalization" means the measure or measures of
capitalization, other than net worth, of a depositary applying
for designation as or operating as a public depositary pursuant to this chapter, based upon regulatory standards of financial institution capitalization adopted by rule or resolution of
the commission after consultation with the director of the
department of financial institutions;
(2) "Collateral" means the particular assets pledged as
security to insure payment or performance of the obligations
under this chapter as enumerated in RCW 39.58.050;
(3) "Commission" means the Washington public deposit
protection commission created under RCW 39.58.030;
(4) "Commission report" means a formal accounting rendered by all public depositaries to the commission in
response to a demand for specific information made by the
commission detailing pertinent affairs of each public depositary as of the close of business on a specified date, which is
the "commission report date." "Commission report due date"
is the last day for the timely filing of a commission report;
39.58.010
(2010 Ed.)
39.58.010
(5) "Depositary pledge agreement" means a tripartite
agreement executed by the commission with a financial institution and its designated trustee. Such agreement shall be
approved by the directors or the loan committee of the financial institution and shall continuously be a record of the
financial institution. New securities may be pledged under
this agreement in substitution of or in addition to securities
originally pledged without executing a new agreement;
(6) "Director of the department of financial institutions"
means the Washington state director of the department of
financial institutions;
(7) "Eligible collateral" means securities which are enumerated in RCW 39.58.050 (5) and (6) as eligible collateral
for public deposits;
(8) "Financial institution" means any national or state
chartered commercial bank or trust company, savings bank,
or savings association, or branch or branches thereof, located
in this state and lawfully engaged in business;
(9) "Investment deposits" means time deposits, money
market deposit accounts, and savings deposits of public funds
available for investment;
(10) "Liquidity" means the measure or measures of
liquidity of a depositary applying for designation as or operating as a public depositary pursuant to this chapter, based
upon regulatory standards of financial institution liquidity
adopted by rule or resolution of the commission after consultation with the director of the department of financial institutions;
(11) "Loss" means the issuance of an order by a regulatory or supervisory authority or a court of competent jurisdiction (a) restraining a public depositary from making payments of deposit liabilities or (b) appointing a receiver for a
public depositary;
(12) "Maximum liability," with reference to a public
depositary’s liability under this chapter for loss per occurrence by another public depositary, on any given date means:
(a) A sum equal to ten percent of:
(i) All uninsured public deposits held by a public depositary that has not incurred a loss by the then most recent commission report date; or
(ii) The average of the balances of said uninsured public
deposits on the last four immediately preceding reports
required pursuant to RCW 39.58.100, whichever amount is
greater; or
(b) Such other sum or measure as the commission may
from time to time set by resolution according to criteria established by rule, consistent with the commission’s broad
administrative discretion to achieve the objective of RCW
39.58.020.
As long as the uninsured public deposits of a public
depositary are one hundred percent collateralized by eligible
collateral as provided for in RCW 39.58.050, the "maximum
liability" of a public depositary that has not incurred a loss
may not exceed the amount set forth in (a) of this subsection.
This definition of "maximum liability" does not limit the
authority of the commission to adjust the collateral requirements of public depositaries pursuant to RCW 39.58.040;
(13) "Net worth" of a public depositary means (a) the
equity capital as reported to its primary regulatory authority
on the quarterly report of condition or statement of condition,
or other required report required by its primary regulatory
[Title 39 RCW—page 85]
39.58.020
Title 39 RCW: Public Contracts and Indebtedness
authority or federal deposit insurer, and may include capital
notes and debentures which are subordinate to the interests of
depositors, or (b) equity capital adjusted by rule or resolution
of the commission after consultation with the director of the
department of financial institutions;
(14) "Public deposit" means public funds on deposit with
a public depositary;
(15) "Public depositary" means a financial institution
which does not claim exemption from the payment of any
sales or compensating use or ad valorem taxes under the laws
of this state, which has been approved by the commission to
hold public deposits, and which has segregated for the benefit
of the commission eligible collateral having a value of not
less than its maximum liability;
(16) "Public funds" means moneys under the control of a
treasurer, the state treasurer, or custodian belonging to, or
held for the benefit of, the state or any of its political subdivisions, public corporations, municipal corporations, agencies,
courts, boards, commissions, or committees, including moneys held as trustee, agent, or bailee belonging to, or held for
the benefit of, the state or any of its political subdivisions,
public corporations, municipal corporations, agencies,
courts, boards, commissions, or committees;
(17) "Public funds available for investment" means such
public funds as are in excess of the anticipated cash needs
throughout the duration of the contemplated investment
period;
(18) "State public depositary" means a Washington statechartered financial institution that is authorized as a public
depositary under this chapter;
(19) "State treasurer" means the treasurer of the state of
Washington;
(20) "Treasurer" means a county treasurer, a city treasurer, a treasurer of any other municipal corporation, and any
other custodian of public funds, except the state treasurer;
(21) "Trustee" means a third-party safekeeping agent
which has completed a depositary pledge agreement with a
public depositary and the commission. Such third-party safekeeping agent may be the federal reserve bank of San Francisco, the federal home loan bank of Seattle, or such other
third-party safekeeping agent approved by the commission.
[2009 c 9 § 1; 1996 c 256 § 1; 1994 c 92 § 494; 1984 c 177 §
10; 1983 c 66 § 3; 1977 ex.s. c 95 § 1; 1975 1st ex.s. c 77 § 1;
1973 c 126 § 9; 1969 ex.s. c 193 § 1.]
Alphabetization—2009 c 9: "The code reviser shall alphabetize and
renumber the definitions in RCW 39.58.010." [2009 c 9 § 19.]
Effective date—2009 c 9: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 6, 2009]." [2009 c 9 § 20.]
City depositaries: Chapter 35.38 RCW.
County depositaries: Chapter 36.48 RCW.
State depositaries: Chapter 43.85 RCW.
Additional notes found at www.leg.wa.gov
39.58.020 Public funds—Protection against loss. All
public funds deposited in public depositaries, including
investment deposits and accrued interest thereon, shall be
protected against loss, as provided in this chapter. [1996 c
256 § 2; 1984 c 177 § 11; 1983 c 66 § 5; 1973 c 126 § 10;
1969 ex.s. c 193 § 2.]
39.58.020
[Title 39 RCW—page 86]
Additional notes found at www.leg.wa.gov
39.58.030 Public deposit protection commission—
State finance committee constitutes—Proceedings. The
Washington public deposit protection commission shall be
the state finance committee. The record of the proceedings of
the public deposit protection commission shall be kept in the
office of the commission and a duly certified copy thereof, or
any part thereof, shall be admissible in evidence in any action
or proceedings in any court of this state. [1983 c 66 § 6; 1969
ex.s. c 193 § 3.]
39.58.030
Additional notes found at www.leg.wa.gov
39.58.040 General powers of commission. The commission shall have the power and broad administrative discretion:
(1) To make and enforce regulations necessary and
proper to the full and complete performance of its functions
under this chapter;
(2) To require any public depositary to furnish such
information dealing with public deposits and the exact status
of its capitalization, collateral, liquidity, and net worth as the
commission shall request;
(3) To take such action as it deems best for the protection, collection, compromise or settlement of any claim arising in case of loss;
(4) To fix by rule or resolution, consistent with this chapter, the requirements for initial and continued qualification of
financial institutions as public depositaries on the basis of a
depositary’s financial condition, including its capitalization,
collateral, liquidity, and net worth, and fixing other terms and
conditions consistent with this chapter, under which public
deposits may be received and held;
(5) To make and enforce rules setting forth criteria for
the establishment by policy of standards governing matters
that are subject to the commission’s powers to fix requirements, terms, and conditions under subsection (4) of this section for a public depositary, and, if these standards are not
met, providing for additional collateral or other conditional or
unconditional requirements or restrictions applicable to the
public depositary’s right to receive or hold public deposits;
(6) To require additional or different types and amounts
of collateral, or to restrict a public depositary’s right to
receive or hold public deposits if the standards for the financial condition of public depositaries are not met;
(7) To fix the official date on which any loss shall be
deemed to have occurred taking into consideration the orders,
rules, and regulations of the supervisory authority of a public
depositary’s primary regulatory authority and federal deposit
insurer as they affect the failure or inability of a public depositary to repay public deposits in full;
(8) In case loss occurs in more than one public depositary, to determine the allocation and time of payment of any
sums due to public depositors under this chapter; and
(9) To make and enforce sanctions against a public
depositary for noncompliance with the provisions of this
chapter and rules or policies of the commission. [2009 c 9 §
2; 1996 c 256 § 3; 1986 c 25 § 2; 1984 c 177 § 12; 1983 c 66
§ 7; 1975 1st ex.s. c 77 § 2; 1969 ex.s. c 193 § 4.]
39.58.040
Effective date—2009 c 9: See note following RCW 39.58.010.
(2010 Ed.)
Public Funds—Deposits and Investments—Public Depositaries
Additional notes found at www.leg.wa.gov
39.58.045 Financial institutions claiming exemption
from sales, use or ad valorem taxes—Notification of commission. The director of the department of revenue shall
notify the public deposit protection commission quarterly on
the first day of October, January, April, and July of the names
and addresses of any financial institutions which have
claimed exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state.
[1983 c 66 § 4.]
39.58.045
Additional notes found at www.leg.wa.gov
39.58.050 Collateral for deposits—Segregation—Eligible securities. (1) Every public depositary shall complete
a depositary pledge agreement with the commission and a
trustee, and shall at all times maintain, segregated from its
other assets, eligible collateral in the form of securities enumerated in this section having a value at least equal to its
maximum liability and as otherwise prescribed in this chapter. Such collateral shall be segregated by deposit with the
depositary’s trustee and shall be clearly designated as security for the benefit of public depositors under this chapter.
(2) Securities eligible as collateral shall be valued at
market value, and the total market value of securities pledged
in accordance with this chapter shall not be reduced by withdrawal or substitution of securities except by prior authorization, in writing, by the commission.
(3) The public depositary shall have the right to make
substitutions of an equal or greater amount of such collateral
at any time.
(4) The income from the securities which have been segregated as collateral shall belong to the public depositary
without restriction.
(5) Each of the following enumerated classes of securities, providing there has been no default in the payment of
principal or interest thereon, shall be eligible to qualify as
collateral:
(a) Certificates, notes or bonds of the United States, or
other obligations of the United States or its agencies, or of
any corporation wholly owned by the government of the
United States;
(b) State, county, municipal, or school district bonds or
warrants of taxing districts of the state of Washington or any
other state of the United States, provided that such bonds and
warrants shall be only those found to be within the limit of
indebtedness prescribed by law for the taxing district issuing
them and to be general obligations;
(c) The obligations of any United States governmentsponsored corporation whose obligations are or may become
eligible as collateral for advances to member banks as determined by the board of governors of the federal reserve system;
(d) Bonds, notes, letters of credit, or other securities or
evidence of indebtedness constituting the direct and general
obligation of a federal home loan bank or federal reserve
bank;
(e) Revenue bonds of this state or any authority, board,
commission, committee, or similar agency thereof, and any
municipality or taxing district of this state;
39.58.050
(2010 Ed.)
39.58.060
(f) Direct and general obligation bonds and warrants of
any city, town, county, school district, port district, or other
political subdivision of any state, having the power to levy
general taxes, which are payable from general ad valorem
taxes;
(g) Bonds issued by public utility districts as authorized
under the provisions of Title 54 RCW, as now or hereafter
amended;
(h) Bonds of any city of the state of Washington for the
payment of which the entire revenues of the city’s water system, power and light system, or both, less maintenance and
operating costs, are irrevocably pledged, even though such
bonds are not general obligations of such city.
(6) In addition to the securities enumerated in this section, every public depositary may also segregate such bonds,
securities, and other obligations as are designated to be
authorized security for public deposits under the laws of this
state.
(7) The commission may determine by rule or resolution
whether any security, whether or not enumerated in this section, is or shall remain eligible as collateral when in the commission’s judgment it is desirable or necessary to do so.
[2009 c 9 § 4; 1996 c 256 § 4; 1989 c 97 § 4; 1984 c 177 § 13;
1983 c 66 § 8; 1975 1st ex.s. c 77 § 3; 1973 c 126 § 11; 1969
ex.s. c 193 § 5.]
Effective date—2009 c 9: See note following RCW 39.58.010.
Additional notes found at www.leg.wa.gov
39.58.060 Loss in a public depositary—Procedure
for payment. When the commission determines that a loss
has occurred in a public depositary, it shall as soon as possible make payment to the proper public officers of all funds
subject to such loss, pursuant to the following procedures:
(1) For the purposes of determining the sums to be paid,
the director of the department of financial institutions or the
receiver shall, within twenty days after issuance of a restraining order or taking possession of any public depositary,
ascertain the amount of public funds on deposit therein as disclosed by its records and the amount thereof covered by
deposit insurance and provide written verification of the
amounts thereof to the commission and each public depositor;
(2) Within ten days after receipt of written verification,
each public depositor shall furnish to the commission verified
statements of its deposits in the public depositary, including
the uninsured and uncollateralized status of the public deposits, as disclosed by its records;
(3) Upon receipt of written verification and statements,
the commission shall ascertain and fix the amount of the public deposits, net after deduction of any amount received from
deposit insurance and held collateral, and, after determining
and declaring the apparent net loss, assess the same against
all public depositaries, as follows: First, against the public
depositary in which the loss occurred, to the extent of the full
value of collateral segregated pursuant to this chapter; second, against all other public depositaries pro rata in proportion to the maximum liability of each depositary as it existed
on the date of loss;
(4) Assessments made by the commission shall be payable on the second business day following demand, and in
39.58.060
[Title 39 RCW—page 87]
39.58.070
Title 39 RCW: Public Contracts and Indebtedness
case of the failure of any public depositary so to pay, the
commission shall take possession of the securities segregated
as collateral by the depositary pursuant to this chapter and
liquidate the same for the purpose of paying such assessment;
(5) Upon receipt of the assessment payments, the commission shall reimburse the public depositors of the public
depositary in which the loss occurred to the extent of the
depositary’s net deposit liability to them;
(6) Any owner of public deposits receiving assessment
proceeds shall provide a receivership certificate to the commission. [2009 c 9 § 5; 1996 c 256 § 5; 1983 c 66 § 9; 1973
c 126 § 12; 1969 ex.s. c 193 § 6.]
Effective date—2009 c 9: See note following RCW 39.58.010.
Additional notes found at www.leg.wa.gov
39.58.070 Subrogation of commission to depositor’s
rights—Sums received from distribution of assets, payment. Upon payment to any public depositor, the commission shall be subrogated to all of such depositor’s right, title
and interest against the public depositary in which the loss
occurred and shall share in any distribution of its assets ratably with other depositors. Any sums received from any distribution shall be paid to the public depositors to the extent of
any unpaid net deposit liability and the balance remaining
shall be paid to the public depositaries against which assessments were made, pro rata in proportion to the assessments
actually paid by each such depositary: PROVIDED, That the
public depositary in which the loss occurred shall not share in
any such distribution of the balance remaining. If the commission incurs expense in enforcing any such claim, the
amount thereof shall be paid as a liquidation expense of the
public depositary in which the loss occurred. [1996 c 256 §
7; 1973 c 126 § 13; 1969 ex.s. c 193 § 7.]
39.58.070
39.58.080 Deposit of public funds in public depositary required—Deposits in institutions located outside
the state. (1) Except for funds deposited pursuant to a fiscal
agency contract with the state fiscal agent or its correspondent bank, funds deposited pursuant to a custodial bank contract with the state’s custodial bank, and funds deposited pursuant to a local government multistate joint self-insurance
program as provided in RCW 48.62.081, no public funds
shall be deposited in demand or investment deposits except in
a public depositary located in this state or as otherwise
expressly permitted by statute: PROVIDED, That the commission, or the chair upon delegation by the commission,
upon good cause shown, may authorize, for such time and
upon such terms and conditions as the commission or chair
deem appropriate, a treasurer to maintain a demand deposit
account with a banking institution located outside the state of
Washington solely for the purpose of transmitting money
received to public depositaries in the state of Washington for
deposit.
(2) Notwithstanding subsection (1) of this section, the
commission, or the chair upon delegation by the commission,
upon good cause shown, may authorize, for that time and
upon the terms and conditions as the commission or chair
deems appropriate, a treasurer to maintain a demand deposit
account with a banking institution located outside the state of
Washington for deposit of certain higher education endow39.58.080
[Title 39 RCW—page 88]
ment funds, for a specified instructional program or research
project being performed outside the state of Washington.
[2005 c 203 § 1; 1996 c 256 § 8; 1991 sp.s. c 30 § 27; 1986 c
160 § 1; 1984 c 177 § 14; 1983 c 66 § 11; 1969 ex.s. c 193 §
8.]
Additional notes found at www.leg.wa.gov
39.58.085 Demand accounts in out-of-state and alien
banks—Limitations. (1)(a) The commission, or the chair
upon delegation by the commission, may authorize state and
local governmental entities to establish demand accounts in
out-of-state and alien banks in an aggregate amount not to
exceed one million dollars. No single governmental entity
shall be authorized to hold more than fifty thousand dollars in
one demand account.
(b) The governmental entities establishing such demand
accounts shall be solely responsible for their proper and prudent management and shall bear total responsibility for any
losses incurred by such accounts. Accounts established
under the provisions of this section shall not be considered
insured by the commission.
(c) The state auditor shall annually monitor compliance
with this section and the financial status of such demand
accounts.
(2) Subsection (1)(a) of this section does not apply to
RCW 39.58.080(2). [2005 c 203 § 2; 1996 c 256 § 9; 1987 c
505 § 21; 1986 c 160 § 2.]
39.58.085
39.58.090 Authority to secure deposits in accordance
with chapter—Bonds and securities for deposits dispensed with. All institutions located in this state which are
permitted by the statutes of this state to hold and receive public funds shall have power to secure such deposits in accordance with this chapter. Except as provided in this chapter, no
bond or other security shall be required of or given by any
public depositary for any public funds on deposit. [1996 c
256 § 10; 1984 c 177 § 15; 1969 ex.s. c 193 § 9.]
39.58.090
39.58.100 Reports of public depositaries—Certification by director of financial institutions. (1) On or before
each commission report due date, each public depositary
shall render to the commission a written report, certified
under oath, indicating the total amount of public funds on
deposit held by it, the uninsured amount of those funds, the
net worth of the depositary, and the amount and nature of eligible collateral then segregated for the benefit of the commission.
(2) The commission may instruct the director of the
department of financial institutions to examine and thereafter
certify as to the accuracy of any statement to the commission
by any state public depositary, or to provide such other examination report information or data as may be required by the
commission. The type, content, and frequency of the reports
may be determined by the director of the department of financial institutions, consistent with the requirements of the commission as defined by rule. [2009 c 9 § 7; 1996 c 256 § 11;
1984 c 177 § 16; 1983 c 66 § 12; 1969 ex.s. c 193 § 10.]
39.58.100
Effective date—2009 c 9: See note following RCW 39.58.010.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Public Funds—Deposits and Investments—Public Depositaries
39.58.103
39.58.103 Notice to commission of reduced net
worth. Each public depositary shall notify the commission
in writing within forty-eight hours, or by close of business of
the next business day thereafter, of the happening of an event
which causes its net worth to be reduced by an amount
greater than ten percent of the amount shown as its net worth
on the most recent report submitted pursuant to RCW
39.58.100. [2009 c 9 § 8; 1983 c 66 § 13; 1975 1st ex.s. c 77
§ 4.]
Effective date—2009 c 9: See note following RCW 39.58.010.
Additional notes found at www.leg.wa.gov
39.58.105
39.58.105 Investigation of financial institution applying to become public depositary—Report. (1) The commission may require the state auditor or the director of the
department of financial institutions, to the extent of their
respective authority under applicable federal and Washington
state law, to thoroughly investigate and report to it concerning the condition of any financial institution which makes
application to become a public depositary, and may also as
often as it deems necessary require the state auditor or the
director of the department of financial institutions, to the
extent of their respective authority under applicable federal
and Washington state law, to make such investigation and
report concerning the condition of any financial institution
which has been designated as a public depositary. The
expense of all such investigations or reports shall be borne by
the financial institution examined.
(2) In lieu of any such investigation or report, the commission may rely upon information made available to it or the
director of the department of financial institutions by the
office of the comptroller of the currency, the office of thrift
supervision, the federal deposit insurance corporation, the
federal reserve board, any state financial institutions regulatory agency, or any successor state or federal financial institutions regulatory agency, and any such information or data
received by the commission shall be kept and maintained in
the same manner and have the same protections as examination reports received by the commission from the director of
the department of financial institutions pursuant to RCW
30.04.075(2)(h) and 32.04.220(2)(h).
(3) The director of the department of financial institutions shall in addition advise the commission of any action he
or she has directed any state public depositary to take which
will result in a reduction of greater than ten percent of the net
worth of such depositary as shown on the most recent report
it submitted pursuant to RCW 39.58.100. [2009 c 9 § 9; 1996
c 256 § 12; 1983 c 66 § 14; 1975 1st ex.s. c 77 § 5.]
Effective date—2009 c 9: See note following RCW 39.58.010.
Additional notes found at www.leg.wa.gov
39.58.108
39.58.108 Requirements to become depositary. Any
financial institution may become, and thereafter operate as, a
public depositary upon approval by the commission and segregation of collateral in the manner as set forth in this chapter,
and subject to compliance with all rules and policies adopted
by the commission. A public depositary shall at all times
pledge and segregate eligible securities in an amount established by the commission by rule or noticed resolution.
(2010 Ed.)
39.58.140
[2009 c 9 § 10; 1996 c 256 § 13; 1984 c 177 § 17; 1983 c 66
§ 15; 1975 1st ex.s. c 77 § 6.]
Effective date—2009 c 9: See note following RCW 39.58.010.
Additional notes found at www.leg.wa.gov
39.58.120 Interest rates. Time deposits issued pursuant to this chapter shall bear interest at a rate not in excess of
the maximum rate permitted by any applicable governmental
regulation. [1974 ex.s. c 50 § 1; 1969 ex.s. c 193 § 12.]
39.58.120
39.58.130 Investment deposits—Net worth of public
depositary. A treasurer and the state treasurer are authorized
to deposit in a public depositary any public funds available
for investment and secured by collateral in accordance with
the provisions of this chapter, and receive interest thereon.
The authority provided by this section is additional to any
authority now or hereafter provided by law for the investment
or deposit of public funds by any such treasurer: PROVIDED, That in no case shall the aggregate of demand and
investment deposits of public funds by any such treasurer in
any one public depositary exceed at any time the net worth of
that depositary. If a public depositary’s net worth is reduced,
a treasurer and the state treasurer may allow public funds on
deposit in excess of the reduced net worth to remain until
maturity upon pledging by the depositary of eligible securities valued at market value in an amount at least equal to the
amount of the excess deposits. The collateral shall be segregated as provided in RCW 39.58.050. If the additional securities required by this section are not pledged by the depositary, the depositary shall permit withdrawal prior to maturity
by the treasurer of deposits, including accrued interest, in
accordance with applicable statutes and governmental regulations. [2009 c 9 § 11; 1996 c 256 § 14; 1984 c 177 § 18;
1983 c 66 § 16; 1969 ex.s. c 193 § 13.]
39.58.130
Effective date—2009 c 9: See note following RCW 39.58.010.
Additional notes found at www.leg.wa.gov
39.58.135 Limitations on deposits. Notwithstanding
RCW 39.58.130, (1) aggregate deposits received by a public
depositary from all treasurers and the state treasurer shall not
exceed at any time one hundred fifty percent of the value of
the depositary’s net worth, nor (2) shall the aggregate deposits received by any public depositary exceed thirty percent of
the total aggregate deposits of all public treasurers in all
depositaries as determined by the public deposit protection
commission. However, a public depositary may receive
deposits in excess of the limits provided in this section if eligible securities, as prescribed in RCW 39.58.050, are pledged
as collateral in an amount equal to one hundred percent of the
value of deposits received in excess of the limitations prescribed in this section. [2009 c 9 § 12; 1996 c 256 § 15; 1986
c 25 § 1; 1984 c 177 § 19.]
39.58.135
Effective date—2009 c 9: See note following RCW 39.58.010.
39.58.140 Liability of treasurers and state treasurer.
When deposits are made in accordance with this chapter, a
treasurer and the state treasurer shall not be liable for any loss
thereof resulting from the failure or default of any public
depositary without fault or neglect on his or her part or on the
39.58.140
[Title 39 RCW—page 89]
39.58.155
Title 39 RCW: Public Contracts and Indebtedness
39.58.155 Statewide custodian—Exemption from
chapter. A statewide custodian under RCW 43.08.280 may
be exempted from the requirements of this chapter, based on
rules adopted by the public deposit protection commission.
[1999 c 293 § 3.]
the national credit union share insurance fund, whichever is
the lesser amount, a credit union is a public depositary and
subject to reporting under RCW 39.58.100. The maximum
deposit applies to all funds attributable to any one depositor
of public funds in any one credit union. A credit union means
a state-chartered credit union under chapter 31.12 RCW. A
credit union is not a public depositary for any other purpose
under this chapter, including but not limited to inclusion in
the single public depositary pool under RCW 39.58.200.
[2010 c 36 § 1.]
Purpose—Effective date—1999 c 293: See notes following RCW
43.08.280.
Effective date—2010 c 36: "This act takes effect July 1, 2011." [2010
c 36 § 2.]
39.58.200 Public depositary pool—Uniform treatment by commission. For the purposes of this chapter, the
commission shall include all public depositaries in a single
public depositary pool. All public depositaries, as defined in
RCW 39.58.010, shall be treated uniformly by the commission without regard to distinctions in the nature of its financial institution charter. [2009 c 9 § 3.]
39.58.750 Receipt, disbursement, or transfer of public funds by wire or other electronic communication
means authorized. Notwithstanding any provision of law to
the contrary, the state treasurer or any treasurer or other custodian of public funds may receive, disburse, or transfer public funds under his or her jurisdiction by means of wire or
other electronic communication in accordance with accounting standards established by the state auditor under RCW
43.09.200 with regard to treasurers of municipalities or other
custodians or by the office of financial management under
RCW 43.88.160 in the case of the state treasurer and other
state custodians to safeguard and insure accountability for the
funds involved. [2009 c 9 § 14; 1996 c 256 § 17; 1981 c 101
§ 1; 1979 c 151 § 48; 1977 ex.s. c 15 § 1. Formerly RCW
39.58.150.]
part of his or her assistants or clerks. [2009 c 9 § 13; 1996 c
256 § 16; 1969 ex.s. c 193 § 29.]
Effective date—2009 c 9: See note following RCW 39.58.010.
Liability of state treasurer: RCW 43.85.070.
39.58.155
39.58.200
Effective date—2009 c 9: See note following RCW 39.58.010.
39.58.210 Failure to furnish information—Failure to
comply with chapter—Revocation of authority—Costs
for noncompliance. If a depositary neglects or refuses to
promptly and accurately furnish, or to allow verification of,
any required information requested by the commission or by
the director of the department of financial institutions when
acting on behalf of the commission pursuant to this chapter,
or if a public depositary otherwise fails to comply with this
chapter or any rules or policies of the commission, the commission may at its option deny or revoke the authority of such
depositary to act as a public depositary pursuant to this chapter, or otherwise suspend such depositary from receiving or
holding public deposits until such time as the depositary
receives the information or complies with the commission’s
rules and policies. The commission shall have the authority
to assess by rule costs for a depositary’s noncompliance with
this chapter and rules and resolutions adopted pursuant to this
chapter. [2009 c 9 § 15.]
39.58.210
39.58.750
Effective date—2009 c 9: See note following RCW 39.58.010.
Additional notes found at www.leg.wa.gov
Chapter 39.59 RCW
PUBLIC FUNDS—AUTHORIZED INVESTMENTS
Chapter 39.59
Sections
39.59.010
39.59.020
39.59.030
39.59.900
Definitions.
Authorized investments—Bonds, warrants, and other investments.
Authorized investments—Mutual funds and money market
funds.
Severability—1988 c 281.
Effective date—2009 c 9: See note following RCW 39.58.010.
39.59.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Bond" means any agreement which may or may not
be represented by a physical instrument, including but not
limited to bonds, notes, warrants, or certificates of indebtedness, that evidences an obligation under which the issuer
agrees to pay a specified amount of money, with or without
interest, at a designated time or times either to registered
owners or bearers.
(2) "Local government" means any county, city, town,
special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including any public corporation, authority, or other instrumentality created by
such an entity.
(3) "Money market fund" means a mutual fund the portfolio which consists of only bonds having maturities or
demand or tender provisions of not more than one year, managed by an investment advisor who has posted with the risk
39.59.010
39.58.220 Commission—Delegation of authority—
Exception. The commission may by resolution delegate all
of its authority to the state treasurer except rule making.
[2009 c 9 § 16.]
39.58.220
Effective date—2009 c 9: See note following RCW 39.58.010.
39.58.230 Liability after merger, takeover, or acquisition. The liability of a public depositary under this chapter
shall not be altered by any merger, takeover, or acquisition,
except to the extent that such liability is assumed by agreement or operation of law by the successor entity or resulting
financial institution. [2009 c 9 § 17.]
39.58.230
Effective date—2009 c 9: See note following RCW 39.58.010.
39.58.240 Credit union as public depositary—Conditions. (Effective July 1, 2011.) Solely for the purpose of
receiving public deposits that may total no more than one
hundred thousand dollars or the maximum deposit insured by
39.58.240
[Title 39 RCW—page 90]
(2010 Ed.)
Investment of Public Funds in Bonds, Notes, Etc.—Collateral
management division of the office of financial management a
bond or other similar instrument in the amount of at least five
percent of the amount invested in the fund pursuant to RCW
39.59.030 (2) or (3).
(4) "Mutual fund" means a diversified mutual fund registered with the federal securities and exchange commission
and which is managed by an investment advisor with assets
under management of at least five hundred million dollars
and with at least five years’ experience in investing in bonds
authorized for investment by this chapter and who has posted
with the risk management division of the office of financial
management a bond or other similar instrument in the amount
of at least five percent of the amount invested in the fund pursuant to RCW 39.59.030(1).
(5) "State" includes a state, agencies, authorities, and
instrumentalities of a state, and public corporations created
by a state or agencies, authorities, or instrumentalities of a
state. [2002 c 332 § 22; 1988 c 281 § 1.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Enforcement of bonds under RCW 39.59.010 (3) and (4): RCW 43.41.330.
39.59.020 Authorized investments—Bonds, warrants, and other investments. In addition to any other
investment authority granted by law and notwithstanding any
provision of law to the contrary, the state of Washington and
local governments in the state of Washington are authorized
to invest their funds and money in their custody or possession, eligible for investment, in:
(1) Bonds of the state of Washington and any local government in the state of Washington, which bonds have at the
time of investment one of the three highest credit ratings of a
nationally recognized rating agency;
(2) General obligation bonds of a state other than the
state of Washington and general obligation bonds of a local
government of a state other than the state of Washington,
which bonds have at the time of investment one of the three
highest credit ratings of a nationally recognized rating
agency;
(3) Subject to compliance with RCW 39.56.030, registered warrants of a local government in the same county as
the government making the investment; or
(4) Any investments authorized by law for the treasurer
of the state of Washington or any local government of the
state of Washington other than a metropolitan municipal corporation but, except as provided in chapter 39.58 RCW, such
investments shall not include certificates of deposit of banks
or bank branches not located in the state of Washington.
[1988 c 281 § 2.]
Chapter 39.60
ernment guaranteed bonds issued by federal agencies with
average maturities less than four years, or bonds described in
RCW 39.59.020 (1) or (2), except that bonds otherwise
described in RCW 39.59.020 (1) or (2) shall have one of the
four highest credit ratings of a nationally recognized rating
agency;
(2) Shares of money market funds with portfolios consisting of only bonds of states and local governments or other
issuers authorized by law for investment by local governments, which bonds have at the time of investment one of the
two highest credit ratings of a nationally recognized rating
agency; or
(3) Shares of money market funds with portfolios consisting of securities otherwise authorized by law for investment by local governments. [1988 c 281 § 3.]
39.59.900 Severability—1988 c 281. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 281 § 10.]
39.59.900
39.59.020
39.59.030 Authorized investments—Mutual funds
and money market funds. In addition to any other investment authority granted by law, the state of Washington and
local governments in the state of Washington are authorized
to invest their funds and money in their custody or possession, eligible for investment and subject to the arbitrage provisions of section 148 of the federal internal revenue code or
similar provision concerning the investment of state and local
money and funds, in:
(1) Shares of mutual funds with portfolios consisting of
only United States government bonds or United States gov39.59.030
(2010 Ed.)
Chapter 39.60 RCW
INVESTMENT OF PUBLIC FUNDS IN BONDS,
NOTES, ETC.—COLLATERAL
Chapter 39.60
Sections
39.60.010
39.60.020
39.60.030
39.60.040
39.60.050
Investment of public and trust funds authorized.
Exchange of securities for federal agency bonds.
Obligations eligible as collateral security.
Insured shares, deposits or accounts as collateral—Partially
guaranteed obligations.
Investment of public and trust funds in notes, bonds or debentures authorized—Requirements.
Bonds and warrants of state and municipal corporations as investment and
collateral for public funds:
ferry system bonds: RCW 47.60.100.
highway construction bonds: RCW 47.10.050, 47.10.190, 47.10.320,
47.10.450, 47.10.710.
metropolitan municipal corporation bonds: RCW 35.58.510.
public utility district bonds and warrants: RCW 54.24.120.
state warrants: RCW 43.84.120.
toll bridge bonds: RCW 47.56.150, 47.58.070, 47.60.100.
Investments in bonds and warrants of state and municipal corporations
authorized for:
cities of first class, employees’ retirement fund: RCW 41.28.080.
city and town pension funds: RCW 35.39.060.
current state funds: RCW 43.84.080.
insurers: RCW 48.13.040.
metropolitan municipal corporation funds: RCW 35.58.520.
mutual savings banks: RCW 32.20.050, 32.20.070, 32.20.110, 32.20.120,
32.20.130.
permanent school fund: State Constitution Art. 16 § 5 (Amendment 44).
savings and loan associations: RCW 33.24.030, 33.24.050, 33.24.080.
statewide city employees’ retirement fund: RCW 41.44.100.
volunteer firefighters’ and reserve officers’ relief and pension principal
fund: RCW 41.24.030.
workers’ compensation funds: RCW 51.44.100.
Investments in federal bonds and securities authorized for:
cities and towns: RCW 35.39.030.
current state funds: RCW 43.84.080.
insurers: RCW 48.13.040.
mutual savings banks: RCW 32.20.030.
savings and loan associations: RCW 33.24.020.
school district capital projects fund: RCW 28A.320.330.
school districts, first class, insurance reserve funds: RCW 28A.330.110.
statewide city employees’ retirement fund: RCW 41.44.100.
workers’ compensation funds: RCW 51.44.100.
[Title 39 RCW—page 91]
39.60.010
Title 39 RCW: Public Contracts and Indebtedness
39.60.010
39.60.010 Investment of public and trust funds
authorized. Notwithstanding the provisions of any other
statute of the state of Washington to the contrary, it shall be
lawful for the state of Washington and any of its departments,
institutions and agencies, municipalities, districts, and any
other political subdivision of the state, or any political or public corporation of the state, or for any insurance company,
savings and loan association, or for any bank, trust company
or other financial institution, operating under the laws of the
state of Washington, or for any executor, administrator,
guardian or conservator, trustee or other fiduciary to invest its
funds or the moneys in its custody or possession, eligible for
investment, in notes or bonds secured by mortgage which the
Federal Housing Administrator has insured or has made a
commitment to insure in obligations of national mortgage
associations, in debentures issued by the Federal Housing
Administrator, and in the bonds of the Home Owner’s Loan
Corporation, a corporation organized under and by virtue of
the authority granted in H.R. 5240, designated as the Home
Owner’s Loan Act of 1933, passed by the congress of the
United States and approved June 13, 1933, and in bonds of
any other corporation which is or hereafter may be created by
the United States, as a governmental agency or instrumentality. [1939 c 32 § 1; 1935 c 11 § 1; 1933 ex.s. c 37 § 1; RRS
§ 5545-1.]
Additional notes found at www.leg.wa.gov
39.60.020
39.60.020 Exchange of securities for federal agency
bonds. Notwithstanding the provisions of any other statute
of the state of Washington to the contrary, it shall be also lawful for the state of Washington and any of its departments,
institutions and agencies, municipalities, districts, and any
other political subdivisions of the state, or any political or
public corporation of the state, or for any insurance company,
savings and loan association, building and loan association,
or for any bank, trust company or other financial institution,
operating under the laws of the state of Washington, or for
any executor, administrator, guardian or conservator, trustee
or other fiduciary, to exchange any mortgages, contracts,
judgments or liens owned or held by it, for the bonds of the
Home Owners’ Loan Corporation, a corporation organized
under and by virtue of the authority granted in H.R. 5240,
designated as The Home Owners’ Loan Act of 1933, passed
by the congress of the United States and approved June 13,
1933, or for the bonds of any other corporation which is or
hereafter may be created by the United States as a governmental agency or instrumentality; and to accept said bonds at
their par value in any such exchange. [1933 ex.s. c 37 § 2;
RRS § 5545-2.]
Additional notes found at www.leg.wa.gov
[1939 c 32 § 2; 1935 c 11 § 2; 1933 ex.s. c 37 § 3; RRS §
5545-3.]
Additional notes found at www.leg.wa.gov
39.60.040 Insured shares, deposits or accounts as collateral—Partially guaranteed obligations. The obligations
issued pursuant to said Federal Home Loan Bank Act and to
said Title IV of the National Housing Act as such acts are
now or hereafter amended, and the shares, deposits or
accounts of any institution which has the insurance protection
provided by Title IV of the National Housing Act, as now or
hereafter amended, may be used at face value or withdrawal
value, and bonds or other interest bearing obligations as to
which the payment of some but less than the full principal
and interest is guaranteed by the United States of America or
any agency thereof may be used to the extent of the portion so
guaranteed, wherever, by statute of this state or otherwise,
collateral is required as security for the deposit of public or
other funds, or deposits are required to be made with any public official or department, or an investment of capital or surplus, or a reserve or other fund, is required to be maintained
consisting of designated security, or wherever by statute of
this state or otherwise, any surety, whether personal, corporate, or otherwise, or any collateral or security, is required or
permitted for any purpose, including without limitation on
the generality of the foregoing, any bond, recognizance, or
undertaking. [1967 ex.s. c 48 § 1; 1941 c 249 § 2; Rem.
Supp. 1941 § 3791-2.]
39.60.040
39.60.050 Investment of public and trust funds in
notes, bonds or debentures authorized—Requirements.
Notwithstanding the provisions of any other statute of the
state of Washington to the contrary, it shall be lawful for the
state of Washington and any of its departments, institutions
and agencies, municipalities, districts, and any other political
subdivision, or any political or public corporation of the state,
or for any executor, administrator, guardian, or conservator,
trustee or other fiduciary, to invest its funds or the moneys in
its custody or possession, eligible for investment, in notes,
bonds, or debentures of savings and loan associations, banks,
mutual savings banks, savings and loan service corporations
operating with approval of the federal home loan bank, and
corporate mortgage companies: PROVIDED, That the notes,
bonds or debentures are rated not less than "A" by a nationally recognized rating agency, or are insured or guaranteed by
an agency of the federal government or by private insurer
authorized to do business in the state: PROVIDED FURTHER, That the notes, bonds and debentures insured or guaranteed by a private insurer shall also be backed by a pool of
mortgages equal to the amount of the notes, bonds or debentures. [1970 ex.s. c 93 § 1.]
39.60.050
Investment in local improvement district notes: RCW 35.45.150.
39.60.030
39.60.030 Obligations eligible as collateral security.
Wherever, by statute of this state, collateral is required as
security for the deposit of public or other funds; or deposits
are required to be made with any public official or department; or an investment of capital or surplus, or a reserve or
other fund is required to be maintained consisting of designated securities, the bonds and other securities herein made
eligible for investment shall also be eligible for such purpose.
[Title 39 RCW—page 92]
Additional notes found at www.leg.wa.gov
Chapter 39.62 RCW
UNIFORM FACSIMILE SIGNATURE OF
PUBLIC OFFICIALS ACT
Chapter 39.62
Sections
39.62.010
Definitions.
(2010 Ed.)
Taxing District Relief
39.62.020
39.62.030
39.62.040
39.62.900
39.62.910
39.62.920
39.64.020
Facsimile signature—Authorized—Legal effect.
Facsimile seal—Authorized—Legal effect.
Unauthorized use—Penalty.
Construction—Uniformity.
Short title.
Severability—1969 c 86.
subdivisions is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 213; 1969 c 86 § 4.]
Facsimile signatures on bonds and coupons: RCW 39.44.100 through
39.44.102.
39.62.900 Construction—Uniformity. This chapter
shall be so construed as to effectuate its general purpose to
make uniform the law of those states which enact it. [1969 c
86 § 5.]
39.62.010 Definitions. As used in this chapter:
(1) "Public security" means a bond, note, certificate of
indebtedness, or other obligation for the payment of money,
issued by this state or by any of its departments, agencies,
counties, cities, towns, municipal corporations, junior taxing
districts, school districts, or other instrumentalities or by any
of its political subdivisions.
(2) "Instrument of payment" means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.
(3) "Authorized officer" means any official of this state
or any of its departments, agencies, counties, cities, towns,
municipal corporations, junior taxing districts, school districts, or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of
payment is required or permitted.
(4) "Facsimile signature" means a reproduction by
engraving, imprinting, stamping, or other means of the manual signature of an authorized officer. [1969 c 86 § 1.]
39.62.010
39.62.020 Facsimile signature—Authorized—Legal
effect. Any authorized officer, after filing with the secretary
of state his manual signature certified by him under oath, may
execute or cause to be executed with a facsimile signature in
lieu of his manual signature:
(1) Any public security: PROVIDED, That at least one
signature required or permitted to be placed thereon shall be
manually subscribed, and
(2) Any instrument of payment.
Upon compliance with this chapter by the authorized officer,
his facsimile signature has the same legal effect as his manual
signature. [1969 c 86 § 2.]
39.62.020
39.62.030 Facsimile seal—Authorized—Legal effect.
When the seal of this state or any of its departments, agencies, counties, cities, towns, municipal corporations, junior
taxing districts, school districts, or other instrumentalities or
of any of its political subdivisions is required in the execution
of a public security or instrument of payment, the authorized
officer may cause the seal to be printed, engraved, stamped or
otherwise placed in facsimile thereon. The facsimile seal has
the same legal effect as the impression of the seal. [1969 c 86
§ 3.]
39.62.030
39.62.040 Unauthorized use—Penalty. Any person
who with intent to defraud uses on a public security or an
instrument of payment:
(1) A facsimile signature, or any reproduction of it, of
any authorized officer, or
(2) Any facsimile seal, or any reproduction of it, of this
state or any of its departments, agencies, counties, cities,
towns, municipal corporations, junior taxing districts, school
districts, or other instrumentalities or of any of its political
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
39.62.900
39.62.910 Short title. This act may be cited as the uniform facsimile signature of public officials act. [1969 c 86 §
6.]
39.62.910
39.62.920 Severability—1969 c 86. If any provision of
this 1969 act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1969 c 86 § 7.]
39.62.920
Chapter 39.64
Chapter 39.64 RCW
TAXING DISTRICT RELIEF
Sections
39.64.005
39.64.010
39.64.020
39.64.030
39.64.040
39.64.050
39.64.060
39.64.070
39.64.080
39.64.085
39.64.090
39.64.900
Short title.
Purpose of chapter.
Definitions.
Exercise of powers granted.
Petition in bankruptcy.
Resolution of authorization.
Resolution consenting to readjustment.
Plan of readjustment.
Powers under plan of readjustment.
Authority of operating agencies to levy taxes.
Validation of prior bankruptcy proceedings.
Construction—Severability—1935 c 143.
39.64.005 Short title. This chapter may be cited as the
taxing district relief act. [1935 c 143 § 1; RRS § 5608-1.]
39.64.005
39.64.010 Purpose of chapter. The purpose of this
chapter is to facilitate and permit taxing districts which are
unable to meet their debts either in their present amount
and/or at the time they fall due, to obtain relief by the readjustment of such debts as provided for by the act of congress
hereinafter referred to, by supplementing the powers of those
taxing districts for which refunding of debts is provided for
by existing statutes, and by providing a method of refunding
of debts for those taxing districts for which no method of
refunding such debts has heretofore been provided, and by
other provisions appropriate to such purposes.
This chapter shall not be construed as in anywise limiting the powers of the federal courts to grant relief as provided
for in said act of congress. [1935 c 143 § 2; RRS § 5608-2.]
39.64.010
39.62.040
(2010 Ed.)
39.64.020 Definitions. For the purposes of this chapter
a "taxing district" is defined to be a "taxing district" as
described in section 80 of chapter IX of the act of congress
entitled "An act to establish a uniform system of bankruptcy
throughout the United States," approved July 1, 1898, as
amended, to wit:
"Any municipality or other political subdivision of any
state, including (but not hereby limiting the generality of the
39.64.020
[Title 39 RCW—page 93]
39.64.030
Title 39 RCW: Public Contracts and Indebtedness
foregoing) any county, city, borough, village, parish, town, or
township, unincorporated tax or special assessment district,
and any school, drainage, irrigation, reclamation, levee,
sewer, or paving, sanitary, port, improvement or other district
(hereinafter referred to as a ’taxing district’)."
Said act of congress and acts amendatory thereof and
supplementary thereto, as the same may be amended from
time to time, are herein referred to as the "federal bankruptcy
act." [1935 c 143 § 3; RRS § 5608-3.]
39.64.030 Exercise of powers granted. All powers
herein granted to taxing districts in state of Washington may
be exercised by such districts. If a taxing district has no officers of its own, such powers may be exercised in its behalf by
the officer or officers, board, council or commission having
the power to contract in behalf of such district or to levy special assessments or special taxes within such district. [1935 c
143 § 4; RRS § 5608-4.]
39.64.030
39.64.040 Petition in bankruptcy. Any taxing district
in the state of Washington is hereby authorized to file the
petition mentioned in section 80 of chapter IX of the federal
bankruptcy act. [1935 c 143 § 5; RRS § 5608-5.]
39.64.040
39.64.050 Resolution of authorization. Before the filing of any petition referred to in RCW 39.64.040, such taxing
district shall adopt a resolution authorizing the filing thereof
and authorizing its duly and regularly elected or appointed
attorney or special counsel duly appointed for such purpose
to file the same and to represent it in the proceedings with
respect thereto in the competent United States district court.
[1935 c 143 § 6; RRS § 5608-6.]
39.64.050
39.64.060 Resolution consenting to readjustment. No
final decree or order of such United States district court confirming a plan of readjustment shall be effective for the purpose of binding such taxing district unless and until such taxing district files with such court a certified copy of a resolution of such taxing district, adopted by it or by the officer or
officers, board, council or commission referred to in RCW
39.64.030, consenting to the plan of readjustment set forth or
referred to in such final decree or order. [1935 c 143 § 7;
RRS § 5608-7.]
39.64.060
39.64.070 Plan of readjustment. Such taxing district is
hereby authorized and empowered to take any and all action
necessary to carry out any plan of readjustment contemplated
in said petition, or as the same may be modified from time to
time, notwithstanding any other provisions of law. In case of
the refunding of debts of irrigation districts, diking or drainage improvement districts, general debts of cities, or debts of
other taxing districts for the refunding of which provision is
already made under existing statutes, such refunding shall be
had and done as provided for in such existing statutes, except
that the tenor and character of the refunding bonds and the
assessments levied to meet such bonds may be modified to
conform to the capacity of the taxing district, or the individual lots, tracts, or parcels of real property therein, to meet and
carry the charges, both direct and contingent, against them, as
found and set forth in the plan of readjustment and decree of
39.64.070
[Title 39 RCW—page 94]
court; and except also as such existing provisions of law may
be otherwise supplemented by such plan of readjustment or
the provisions of this chapter. [1935 c 143 § 8; RRS § 56088.]
39.64.080 Powers under plan of readjustment. Such
taxing district shall have power to consummate the plan of
readjustment, as adopted by the court’s decree and approved
by it as aforesaid, and if such plan, as approved by such
decree, so requires, may, for such purpose, exercise any of
the following powers:
(1) Cancel in whole or in part any assessments or any
interest or penalties assessed thereon which may be outstanding and a lien upon any property in such taxing district, as and
when such assessments are replaced by the readjusted or
revised assessments provided for in the plan of readjustment
approved by such decree.
(2) Issue refunding bonds to refund bonds theretofore
issued by such taxing district. Such refunding bonds shall
have such denominations, rates of interest and maturities as
shall be provided in such plan of readjustment and shall be
payable by special assessments or by general taxes, according
to the nature of the taxing district, in the manner provided in
such plan of readjustment and decree.
(3) Apportion and levy new assessments or taxes appropriate in time or times of payment to provide funds for the
payment of principal and interest of such refunding bonds,
and of all expenses incurred by such taxing district in filing
the petition mentioned in RCW 39.64.040, and any and all
other expenses necessary or incidental to the consummation
of the plan of readjustment.
In the case of special assessment districts for the refunding of whose debts no procedure is provided by existing laws,
such assessments shall be equitably apportioned and levied
upon each lot, tract or parcel of real property within such taxing district, due consideration being given to the relative
extent to which the original apportionments upon the various
lots, tracts or parcels of real property within such taxing district have already been paid and due consideration also being
given to the capacity of the respective lots, tracts or parcels of
real property to carry such charges against them. Before levying or apportioning such assessment such taxing district or
the officer or officers, board, council or commission mentioned in RCW 39.64.030 shall hold a hearing with reference
thereto, notice of which hearing shall be published once a
week for four consecutive weeks in the newspaper designated
for the publication of legal notices by the legislative body of
the city or town, or by the board of county commissioners of
the county within which such taxing district or any part
thereof is located, or in any newspaper published in the city,
town or county within which such taxing district or any part
thereof is located and of general circulation within such taxing district. At such hearing every owner of real property
within such taxing district shall be given an opportunity to be
heard with respect to the apportionment and levy of such
assessment.
(4) In the case of special assessment districts, of cities or
towns, provide that if any of the real property within such taxing district shall not, on foreclosure of the lien of such new
assessment for delinquent assessments and penalties and
interest thereon, be sold for a sufficient amount to pay such
39.64.080
(2010 Ed.)
Agreements Between Taxing Districts
delinquent assessments, penalties and interest, or if any real
property assessed was not subject to assessment, or if any
assessment or installment or installments thereof shall have
been eliminated by foreclosure of a tax lien or made void in
any other manner, such taxing district shall cause a supplemental assessment sufficient in amount to make up such deficiency to be made on the real property within such taxing district, including real property upon which any such assessment
or any installment or installments thereof shall have been so
eliminated or made void. Such supplemental assessment shall
be apportioned to the various lots, tracts and parcels of real
property within such taxing district in proportion to the
amounts apportioned thereto in the assessment originally
made under such plan of readjustment.
(5) Provide that refunding bonds may, at the option of
the holders thereof, be converted into warrants of such
denominations and bearing such rate of interest as may be
provided in the plan of readjustment, and that the new assessments mentioned in subdivision (3) and the supplemental
assessments mentioned in subdivision (4) of this section may
be paid in refunding bonds or warrants of such taxing district
without regard to the serial numbers thereof, or in money, at
the option of the person paying such assessments, such
refunding bonds and warrants to be received at their par value
in payment of such assessments. In such case such refunding
bonds and warrants shall bear the following legend: "This
bond (or warrant) shall be accepted at its face value in payment of assessments (including interest and penalties
thereon) levied to pay the principal and interest of the series
of bonds and warrants of which this bond (or warrant) is one
without regard to the serial number appearing upon the face
hereof."
(6) Provide that all sums of money already paid to the
treasurer of such taxing district or other authorized officer in
payment, in whole or in part, of any assessment levied by or
for such taxing district or of interest or penalties thereon,
shall be transferred by such treasurer or other authorized
officer to a new account and made applicable to the payment
of refunding bonds and warrants to be issued under such plan
of readjustment.
(7) Provide that such treasurer or other authorized officer
shall have authority to use funds in his possession not
required for payment of current interest of such bonds and
warrants, to buy such bonds and warrants in the open market
through tenders or by call at the lowest prices obtainable at or
below par and accrued interest, without preference of one
bond or warrant over another because of its serial number, or
for any other cause other than the date and hour of such tender or other offer and the amount which the owner of such
bond or warrant agrees to accept for it. In such case such
refunding bonds and warrants shall bear the following legend: "This bond (or warrant) may be retired by tender or by
call without regard to the serial number appearing upon the
face hereof."
(8) Provide that if, after the payment of all interest on
refunding bonds and warrants issued under any plan of readjustment adopted pursuant to this chapter and chapter IX of
the federal bankruptcy act and the retirement of such bonds
and warrants, there shall be remaining in the hands of the
treasurer or other authorized officer of the taxing district
which issued such bonds and warrants money applicable
(2010 Ed.)
39.67.010
under the provisions of this chapter to the payment of such
interest, bonds and warrants, such money shall be applied by
such treasurer or other authorized officer to the maintenance,
repair and replacement of the improvements originally
financed by the bonds readjusted under this chapter and the
federal bankruptcy act.
(9) The above enumeration of powers shall not be
deemed to exclude powers not herein mentioned that may be
necessary for or incidental to the accomplishment of the purposes hereof. [1935 c 143 § 9; RRS § 5608-9.]
39.64.085 Authority of operating agencies to levy
taxes. Nothing in this chapter may be deemed to grant to any
operating agency organized under chapter 43.52 RCW, or a
project of any such operating agency, the authority to levy
any tax or assessment not otherwise authorized by law.
[1983 2nd ex.s. c 3 § 54.]
39.64.085
Additional notes found at www.leg.wa.gov
39.64.090 Validation of prior bankruptcy proceedings. In the event that any taxing district in the state of Washington, before this chapter takes effect, shall have filed or
purported or attempted to file a petition under the provisions
of chapter IX of the federal bankruptcy act, or shall have
taken or purported or attempted to take any other proceedings
under or in contemplation of proceedings under the provisions of said chapter IX, then and in every such case all acts
and proceedings of such taxing district, in connection with
such petition or proceedings, are hereby, to all intents and
purposes, declared as legal and valid as though taken after the
*effective date of this chapter. [1935 c 143 § 10; RRS §
5608-10.]
39.64.090
*Reviser’s note: The "effective date of this chapter" was March 21,
1935.
39.64.900 Construction—Severability—1935 c 143.
This chapter and all its provisions shall be liberally construed
to the end that the purposes hereof may be made effective. If
any section, part or provision of this chapter shall be
adjudged to be invalid or unconstitutional, such adjudication
shall not affect the validity of the chapter as a whole, or of
any section, provision or part thereof not adjudged invalid or
unconstitutional. [1935 c 143 § 11; RRS § 5608-11.]
39.64.900
Chapter 39.67 RCW
AGREEMENTS BETWEEN TAXING DISTRICTS
Chapter 39.67
Sections
39.67.010
39.67.020
Agreements contingent on property tax levy—Authorized.
Transfer of funds between taxing districts.
39.67.010 Agreements contingent on property tax
levy—Authorized. Any agreement or contract between two
taxing districts other than the state which is otherwise authorized by law may be made contingent upon a particular property tax levy rate of an identified taxing district other than the
state where such rate affects the regular property tax rate of
one of the parties to the contract and therefore affects the
party’s resources with which to perform under the contract.
The governing body of every taxing district that could have
39.67.010
[Title 39 RCW—page 95]
39.67.020
Title 39 RCW: Public Contracts and Indebtedness
its tax levy adversely affected by such a contract shall be
notified about the contract. [1988 c 274 § 2; 1986 c 107 § 1.]
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
Additional notes found at www.leg.wa.gov
39.67.020 Transfer of funds between taxing districts.
Any taxing district other than the state may transfer funds to
another taxing district other than the state where the regular
property tax levy rate of the second district may affect the
regular property tax levy rate of the first district and where
such transfer is part of an agreement whereby proration or
reduction of property taxes is lessened or avoided. The governing body of every taxing district that could have its tax
levy adversely affected by such an agreement shall be notified about the agreement. [1988 c 274 § 3; 1986 c 107 § 2.]
39.67.020
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
Additional notes found at www.leg.wa.gov
Chapter 39.69 RCW
PUBLIC LOANS TO MUNICIPAL CORPORATIONS
Chapter 39.69
Sections
39.69.010
39.69.020
39.69.030
39.69.040
"Municipal corporation" defined.
Loan agreements.
Application of constitutional debt limitations.
Chapter supplemental.
39.69.010 "Municipal corporation" defined. As used
in this chapter, "municipal corporation" includes counties,
cities, towns, port districts, water-sewer districts, school districts, metropolitan park districts, or such other units of local
government which are authorized to issue obligations. [1999
c 153 § 53; 1987 c 19 § 1.]
39.69.010
Additional notes found at www.leg.wa.gov
39.69.020 Loan agreements. Any municipal corporation may enter into a loan agreement containing the terms and
conditions of a loan from an agency of the state of Washington or the United States of America and evidencing the obligation of the municipal corporation to repay that loan under
the terms and conditions set forth in the loan agreement. A
loan agreement may provide that the municipal corporation
will repay the loan solely from revenues set aside into a special fund for repayment of that loan. In the case of a municipal corporation authorized to borrow money payable from
taxes, and authorized to levy such taxes, the loan agreement
may provide that repayment of the loan is a general obligation of the municipal corporation, or both a general obligation
and an obligation payable from revenues set aside into a special fund.
The state or federal agency making the loan shall have
such rights of recovery in the event of default in payment or
other breach of the loan agreement as may be provided in the
loan agreement or otherwise by law. [1987 c 19 § 2.]
39.69.020
39.69.030 Application of constitutional debt limitations. Nothing in this chapter authorizes municipal corporations to incur indebtedness beyond constitutional indebtedness limitations. [1987 c 19 § 3.]
39.69.030
[Title 39 RCW—page 96]
39.69.040
39.69.040 Chapter supplemental. The authority under
this chapter is supplemental and in addition to the authority to
issue obligations under any other provision of law. [1987 c
19 § 4.]
Chapter 39.72
Chapter 39.72 RCW
LOST OR DESTROYED EVIDENCE
OF INDEBTEDNESS
Sections
39.72.010
39.72.020
Local government indebtedness—Issuance of duplicate instrument.
Local government indebtedness—Records to be kept—Cancellation of originals.
39.72.010
39.72.010 Local government indebtedness—Issuance
of duplicate instrument. In case of the loss or destruction of
a warrant for the payment of money, or any bond or other
instrument or evidence of indebtedness, issued by any
county, city or town, district or other political subdivision or
municipal corporation of the state of Washington, hereinafter
referred to as a municipal corporation, or by any department
or agency of such municipal corporation, such municipal corporation may cause a duplicate to be issued in lieu thereof,
subject to the same requirements and conditions, and according to the same procedure, as prescribed for the issuance of
duplicate state instruments in RCW 43.08.064 and 43.08.066
as now or hereafter amended: PROVIDED, That the requirements of *RCW 43.08.066(2) shall not be applicable to
instruments received by employees of the above issuers for
the payment of salary or wages or as other compensation for
work performed nor shall those requirements be applicable to
instruments received by former employees or their beneficiaries for the payment of pension benefits. [1975-’76 2nd ex.s.
c 77 § 1; 1965 ex.s. c 61 § 4.]
*Reviser’s note: Subsection (2) of RCW 43.08.066 was removed by
chapter 71, Laws of 1979 ex. sess.
Lost or destroyed evidence of indebtedness issued by state: RCW 43.08.064
through 43.08.068.
39.72.020
39.72.020 Local government indebtedness—Records
to be kept—Cancellation of originals. When a municipal
corporation issues a duplicate instrument, as authorized in
this chapter, the issuing officer of such municipal corporation
shall keep a full and complete record of all warrants, bonds or
other instruments alleged to have been lost or destroyed,
which were issued by such municipal corporation, and of the
issue of any duplicate therefor; and upon the issuance of any
duplicate such officer shall enter upon his books the cancellation of the original instrument and immediately notify the
treasurer of the county, city or other municipal corporation,
the state auditor, and all trustees and paying agencies authorized to redeem such instruments on behalf of the municipal
corporation, of such cancellation. The treasurer shall keep a
similar list of all warrants, bonds or other instruments so canceled. [1965 ex.s. c 61 § 5.]
(2010 Ed.)
Interest on Unpaid Public Contracts
Chapter 39.76 RCW
INTEREST ON UNPAID PUBLIC CONTRACTS
Chapter 39.76
Sections
39.76.011
39.76.020
39.76.030
39.76.040
Interest on unpaid public contracts—When payment is considered to be made.
Interest on unpaid public contracts—Exceptions.
Penalties by state agencies to be paid from administrative
funds.
Interest on unpaid public contracts—Attorney fees.
39.76.011 Interest on unpaid public contracts—
When payment is considered to be made. (1) Except as
provided in RCW 39.76.020, every state agency, county, city,
town, school district, board, commission, or any other public
body shall pay interest at a rate of one percent per month, but
at least one dollar per month, on amounts due on written contracts for public works, personal services, goods and services,
equipment, and travel, whenever the public body fails to
make timely payment.
(2) For purposes of this section, payment shall be timely
if:
(a) Except as provided otherwise in this subsection, a
check or warrant is mailed or is available on the date specified for the amount specified in the applicable contract documents but not later than thirty days of receipt of a properly
completed invoice or receipt of goods or services, whichever
is later. If a contract is funded by grant or federal money, the
public body shall pay the prime contractor for satisfactory
performance within thirty calendar days of the date the public
body receives a payment request that complies with the contract or within thirty calendar days of the date the public body
actually receives the grant or federal money, whichever is
later.
(b) On written contracts for public works, when part or
all of a payment is going to be withheld for unsatisfactory
performance or if the payment request made does not comply
with the requirements of the contract, the public body shall
notify the prime contractor in writing within eight working
days after receipt of the payment request stating specifically
why part or all of the payment is being withheld and what
remedial actions must be taken by the prime contractor to
receive the withheld amount.
(c) If the notification by the public body required by (b)
of this subsection does not comply with the notice contents
required under (b) of this subsection, the public body shall
pay the interest under subsection (1) of this section from the
ninth working day after receipt of the initial payment request
until the contractor receives notice that does comply with the
notice contents required under (b) of this subsection.
(d) If part or all of a payment is withheld under (b) of this
subsection, the public body shall pay the withheld amount
within thirty calendar days after the prime contractor satisfactorily completes the remedial actions identified in the notice.
If the withheld amount is not paid within the thirty calendar
days, the public body shall pay interest under subsection (1)
of this section from the thirty-first calendar day until the date
paid.
(e)(i) If the prime contractor on a public works contract,
after making a request for payment to the public body but
before paying a subcontractor for the subcontractor’s performance covered by the payment request, discovers that part or
39.76.011
(2010 Ed.)
39.76.030
all of the payment otherwise due to the subcontractor is subject to withholding from the subcontractor under the subcontract for unsatisfactory performance, the prime contractor
may withhold the amount as allowed under the subcontract. If
the prime contractor withholds an amount under this subsection, the prime contractor shall:
(A) Give the subcontractor notice of the remedial actions
that must be taken as soon as practicable after determining
the cause for the withholding but before the due date for the
subcontractor payment;
(B) Give the contracting officer of the public body a
copy of the notice furnished to the subcontractor under
(e)(i)(A) of this subsection; and
(C) Pay the subcontractor within eight working days
after the subcontractor satisfactorily completes the remedial
action identified in the notice.
(ii) If the prime contractor does not comply with the
notice and payment requirements of (e)(i) of this subsection,
the contractor shall pay the subcontractor interest on the
withheld amount from the eighth working day at an interest
rate that is equal to the amount set forth in subsection (1) of
this section.
(3) For the purposes of this section:
(a) A payment is considered to be made when mailed or
personally delivered to the party being paid.
(b) An invoice is considered to be received when it is
date-stamped or otherwise marked as delivered. If the invoice
is not date-stamped or otherwise marked as delivered, the
date of the invoice is considered to be the date when the
invoice is received. [1992 c 223 § 1.]
Additional notes found at www.leg.wa.gov
39.76.020 Interest on unpaid public contracts—
Exceptions. RCW 39.76.011 does not apply to the following:
(1) Interagency or intergovernmental transactions;
(2) Amounts payable to employees or prospective
employees of state agencies or local governmental units as
reimbursement for expenses;
(3) Belated claims for any time of delinquency after July
31 following the second year of the fiscal biennium;
(4) Claims subject to a good faith dispute, when before
the date of timely payment, notice of the dispute is:
(a) Sent by certified mail;
(b) Personally delivered; or
(c) Sent in accordance with procedures in the contract;
(5) Delinquencies due to natural disasters, disruptions in
postal or delivery service, work stoppages due to labor disputes, power failures, or any other cause resulting from circumstances clearly beyond the control of the unit of local
government or state agency;
(6) Contracts entered before July 26, 1981; and
(7) Payment from any retirement system listed in RCW
41.50.030 and chapter 41.24 RCW. [2009 c 219 § 5; 1981 c
68 § 2.]
39.76.020
39.76.030 Penalties by state agencies to be paid from
administrative funds. Any state agency required to pay late
payment penalties under this chapter shall pay the penalties
from funds designated for administrative costs of the agency
39.76.030
[Title 39 RCW—page 97]
39.76.040
Title 39 RCW: Public Contracts and Indebtedness
receiving the public works, personal services, goods and services, equipment, or travel and shall not be paid from funds
appropriated for client services. [1981 c 68 § 3.]
39.76.040 Interest on unpaid public contracts—
Attorney fees. In any action brought to collect interest due
under this chapter, the prevailing party is entitled to an award
of reasonable attorney fees. [1981 c 68 § 4.]
39.76.040
Chapter 39.80 RCW
CONTRACTS FOR ARCHITECTURAL AND
ENGINEERING SERVICES
Chapter 39.80
Sections
39.80.010
39.80.020
39.80.030
39.80.040
39.80.050
39.80.060
39.80.070
39.80.900
39.80.910
Legislative declaration.
Definitions.
Agency’s requirement for professional services—Advance
publication.
Procurement of architectural and engineering services—Submission of statement of qualifications and performance
data—Participation by minority and women-owned firms
and veteran-owned firms.
Procurement of architectural and engineering services—Contract negotiations.
Procurement of architectural and engineering services—
Exception for emergency work.
Contracts, modifications reported to the office of financial
management.
Savings.
Severability—1981 c 61.
39.80.010 Legislative declaration. The legislature
hereby establishes a state policy, to the extent provided in this
chapter, that governmental agencies publicly announce
requirements for architectural and engineering services, and
negotiate contracts for architectural and engineering services
on the basis of demonstrated competence and qualification
for the type of professional services required and at fair and
reasonable prices. [1981 c 61 § 1.]
39.80.010
Additional notes found at www.leg.wa.gov
39.80.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "State agency" means any department, agency, commission, bureau, office, or any other entity or authority of the
state government.
(2) "Local agency" means any city and any town, county,
special district, municipal corporation, agency, port district
or authority, or political subdivision of any type, or any other
entity or authority of local government in corporate form or
otherwise.
(3) "Special district" means a local unit of government,
other than a city, town, or county, authorized by law to perform a single function or a limited number of functions, and
including but not limited to, water-sewer districts, irrigation
districts, fire districts, school districts, community college
districts, hospital districts, transportation districts, and metropolitan municipal corporations organized under chapter
35.58 RCW.
(4) "Agency" means both state and local agencies and
special districts as defined in subsections (1), (2), and (3) of
this section.
39.80.020
[Title 39 RCW—page 98]
(5) "Architectural and engineering services" or "professional services" means professional services rendered by any
person, other than as an employee of the agency, contracting
to perform activities within the scope of the general definition of professional practice in chapters 18.08, 18.43, or
18.96 RCW.
(6) "Person" means any individual, organization, group,
association, partnership, firm, joint venture, corporation, or
any combination thereof.
(7) "Consultant" means any person providing professional services who is not an employee of the agency for
which the services are provided.
(8) "Application" means a completed statement of qualifications together with a request to be considered for the
award of one or more contracts for professional services.
[1999 c 153 § 55; 1981 c 61 § 2.]
Additional notes found at www.leg.wa.gov
39.80.030 Agency’s requirement for professional services—Advance publication. Each agency shall publish in
advance that agency’s requirement for professional services.
The announcement shall state concisely the general scope
and nature of the project or work for which the services are
required and the address of a representative of the agency
who can provide further details. An agency may comply with
this section by: (1) Publishing an announcement on each
occasion when professional services provided by a consultant
are required by the agency; or (2) announcing generally to the
public its projected requirements for any category or type of
professional services. [1981 c 61 § 3.]
39.80.030
Additional notes found at www.leg.wa.gov
39.80.040 Procurement of architectural and engineering services—Submission of statement of qualifications and performance data—Participation by minority
and women-owned firms and veteran-owned firms. In the
procurement of architectural and engineering services, the
agency shall encourage firms engaged in the lawful practice
of their profession to submit annually a statement of qualifications and performance data. The agency shall evaluate current statements of qualifications and performance data on file
with the agency, together with those that may be submitted
by other firms regarding the proposed project, and shall conduct discussions with one or more firms regarding anticipated
concepts and the relative utility of alternative methods of
approach for furnishing the required services and then shall
select therefrom, based upon criteria established by the
agency, the firm deemed to be the most highly qualified to
provide the services required for the proposed project. Such
agency procedures and guidelines shall include a plan to
insure that minority and women-owned firms and veteranowned firms are afforded the maximum practicable opportunity to compete for and obtain public contracts for services.
The level of participation by minority and women-owned
firms and veteran-owned firms shall be consistent with their
general availability within the professional communities
involved. [2010 c 5 § 10; 1981 c 61 § 4.]
39.80.040
Purpose—Construction—2010 c 5: See notes following RCW
43.60A.010.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Industrial Development Revenue Bonds
39.80.050 Procurement of architectural and engineering services—Contract negotiations. (1) The agency
shall negotiate a contract with the most qualified firm for
architectural and engineering services at a price which the
agency determines is fair and reasonable to the agency. In
making its determination, the agency shall take into account
the estimated value of the services to be rendered as well as
the scope, complexity, and professional nature thereof.
(2) If the agency is unable to negotiate a satisfactory contract with the firm selected at a price the agency determines to
be fair and reasonable, negotiations with that firm shall be
formally terminated and the agency shall select other firms in
accordance with RCW 39.80.040 and continue in accordance
with this section until an agreement is reached or the process
is terminated. [1981 c 61 § 5.]
39.80.050
Additional notes found at www.leg.wa.gov
39.80.060 Procurement of architectural and engineering services—Exception for emergency work. (1)
This chapter need not be complied with by any agency when
the contracting authority makes a finding in accordance with
this or any other applicable law that an emergency requires
the immediate execution of the work involved.
(2) Nothing in this chapter shall relieve the contracting
authority from complying with applicable law limiting emergency expenditures. [1981 c 61 § 6.]
39.80.060
Additional notes found at www.leg.wa.gov
39.80.070 Contracts, modifications reported to the
office of financial management. Contracts entered into by
any state agency for architectural and engineering services,
and modifications thereto, shall be reported to the office of
financial management on a quarterly basis, in such form as
the office of financial management prescribes. [1993 c 433 §
9.]
39.80.070
39.80.900 Savings. Nothing in this chapter shall affect
the validity or effect of any contract in existence on January
1, 1982. [1981 c 61 § 7.]
39.80.900
Additional notes found at www.leg.wa.gov
39.80.910 Severability—1981 c 61. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 61 § 8.]
39.80.910
Additional notes found at www.leg.wa.gov
Chapter 39.84 RCW
INDUSTRIAL DEVELOPMENT REVENUE BONDS
Chapter 39.84
Sections
39.84.010
39.84.020
39.84.030
39.84.040
39.84.050
39.84.060
39.84.070
39.84.080
39.84.090
39.84.100
(2010 Ed.)
Finding and declaration of necessity.
Definitions.
Public corporations—Creation, dissolution.
Board of directors of public corporation.
Public corporations—Directors—Conflicts of interest.
Public corporations—Limitations.
Public corporations—Audit by state.
Public corporations—Powers.
Reporting to the department of community, trade, and economic development.
Revenue bonds—Provisions.
39.84.110
39.84.120
39.84.130
39.84.140
39.84.150
39.84.160
39.84.170
39.84.200
39.84.900
39.84.910
39.84.920
39.84.020
Revenue bonds—Refunding.
Trust agreements.
Commingling of bond proceeds or revenues with municipal
funds prohibited—Exception.
Subleases and assignments.
Determination of rent.
Proceedings in the event of default.
Implementation of economic development programs by port
district—Use of nonprofit corporations—Transfer of funds.
Authority of community economic revitalization board under
this chapter.
Construction—Supplemental nature of chapter.
Captions not part of law.
Severability—1981 c 300.
Special revenue financing: State Constitution Art. 33 § 1.
39.84.010 Finding and declaration of necessity. The
legislature hereby finds and declares that this state urgently
needs to do the following: Promote higher employment;
encourage the development of new jobs; maintain and supplement the capital investments in industry that currently
exist in this state; encourage future employment by ensuring
future capital investment; attract environmentally sound
industry to the state; protect and enhance the quality of natural resources and the environment; and promote the production and conservation of energy. [1981 c 300 § 1.]
39.84.010
39.84.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Board of directors" means the board of directors of
a public corporation.
(2) "Construction" or "construct" means construction
and acquisition, whether by devise, purchase, gift, lease, or
otherwise.
(3) "Facilities" means land, rights in land, buildings,
structures, docks, wharves, machinery, transmission equipment, public broadcast equipment, landscaping, utilities,
approaches, roadways and parking, handling and storage
areas, and similar ancillary facilities.
(4) "Financing document" means a lease, sublease,
installment sale agreement, conditional sale agreement, loan
agreement, mortgage, deed of trust guaranty agreement, or
other agreement for the purpose of providing funds to pay or
secure debt service on revenue bonds.
(5) "Improvement" means reconstruction, remodeling,
rehabilitation, extension, and enlargement; and "to improve"
means to reconstruct, to remodel, to rehabilitate, to extend,
and to enlarge.
(6) "Industrial development facilities" means manufacturing, processing, research, production, assembly, warehousing, transportation, public broadcasting, pollution control, solid waste disposal, energy facilities, sports facilities,
parking facilities associated with industrial development
facilities as defined in this section or with historic properties
as defined in RCW 84.26.020 and industrial parks. For the
purposes of this section, the term "sports facilities" shall not
include facilities which are constructed for use by members
of a private club or as integral or subordinate parts of a hotel
or motel, or which are not available on a regular basis for
general public use.
(7) "Industrial park" means acquisition and development
of land as the site for an industrial park. For the purposes of
this chapter, "development of land" includes the provision of
39.84.020
[Title 39 RCW—page 99]
39.84.030
Title 39 RCW: Public Contracts and Indebtedness
water, sewage, drainage, or similar facilities, or of transportation, energy, or communication facilities, which are incidental to the use of the site as an industrial park, but does not
include the provision of structures or buildings.
(8) "Municipality" means a city, town, county, or port
district of this state.
(9) "Ordinance" means any appropriate method of taking
official action or adopting a legislative decision by any
municipality, whether known as a resolution, ordinance, or
otherwise.
(10) "Project costs" means costs of (a) acquisition, construction, and improvement of any facilities included in an
industrial development facility; (b) architectural, engineering, consulting, accounting, and legal costs related directly to
the development, financing, and construction of an industrial
development facility, including costs of studies assessing the
feasibility of an industrial development facility; (c) finance
costs, including discounts, if any, the costs of issuing revenue
bonds, and costs incurred in carrying out any trust agreement;
(d) interest during construction and during the six months
after estimated completion of construction, and capitalized
debt service or repair and replacement or other appropriate
reserves; (e) the refunding of any outstanding obligations
incurred for any of the costs outlined in this subsection; and
(f) other costs incidental to any of the costs listed in this section.
(11) "Revenue bond" means a nonrecourse revenue
bond, nonrecourse revenue note, or other nonrecourse revenue obligation issued for the purpose of financing an industrial development facility on an interim or permanent basis.
(12) "User" means one or more persons acting as lessee,
purchaser, mortgagor, or borrower under a financing document and may include a party who transfers the right of use
and occupancy to another party by lease, sublease, or otherwise. [1986 c 309 § 1; 1986 c 308 § 2; 1985 c 439 § 1; 1983
1st ex.s. c 51 § 1; 1981 c 300 § 2.]
Reviser’s note: This section was amended by 1986 c 308 § 2 and by
1986 c 309 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
39.84.030
39.84.030 Public corporations—Creation, dissolution. (1) For the purpose of facilitating economic development and employment opportunities in the state of Washington through the financing of the project costs of industrial
development facilities, a municipality may enact an ordinance creating a public corporation for the purposes authorized in this chapter. The ordinance creating the public corporation shall approve a charter for the public corporation containing such provisions as are authorized by and not in
conflict with this chapter. Any charter issued under this chapter shall contain in substance the limitations set forth in RCW
39.84.060. In any suit, action, or proceeding involving the
validity or enforcement of or relating to any contract of the
public corporation, the public corporation is conclusively
presumed to be established and authorized to transact business and exercise its powers under this chapter upon proof of
the adoption of the ordinance creating the public corporation
by the governing body. A copy of the ordinance duly certified
[Title 39 RCW—page 100]
by the clerk of the governing body of the municipality shall
be admissible in evidence in any suit, action, or proceeding.
(2) A public corporation created by a municipality pursuant to this chapter may be dissolved by the municipality if the
public corporation: (a) Has no property to administer, other
than funds or property, if any, to be paid or transferred to the
municipality by which it was established; and (b) all its outstanding obligations have been satisfied. Such a dissolution
shall be accomplished by the governing body of the municipality adopting an ordinance providing for the dissolution.
(3) The creating municipality may, at its discretion and at
any time, alter or change the structure, organizational programs, or activities of a public corporation, including termination of the public corporation if contracts entered into by
the public corporation are not impaired. Any net earnings of
a public corporation, beyond those necessary for retirement
of indebtedness incurred by it, shall not inure to the benefit of
any person other than the creating municipality. Upon dissolution of a public corporation, title to all property owned by
the public corporation shall vest in the municipality. [1981 c
300 § 3.]
39.84.040 Board of directors of public corporation.
The ordinance creating a public corporation shall include
provisions establishing a board of directors to govern the
affairs of the public corporation, what constitutes a quorum
of the board of directors, and how the public corporation shall
conduct its affairs. [1981 c 300 § 4.]
39.84.040
39.84.050 Public corporations—Directors—Conflicts of interest. It shall be illegal for a director, officer,
agent, or employee of a public corporation to have, directly or
indirectly, any financial interest in any property to be
included in or any contract for property, services, or materials
to be furnished or used in connection with any industrial
development facility financed through the public corporation.
Violation of any provision of this section is a gross misdemeanor. [1981 c 300 § 5.]
39.84.050
39.84.060 Public corporations—Limitations. No
municipality may give or lend any money or property in aid
of a public corporation. The municipality that creates a public
corporation shall annually review any financial statements of
the public corporation and at all times shall have access to the
books and records of the public corporation. No public corporation may issue revenue obligations under this chapter
except upon the approval of both the municipality under the
auspices of which it was created and the county, city, or town
within whose planning jurisdiction the proposed industrial
development facility lies. No revenue bonds may be issued
pursuant to this chapter unless the board of directors of the
public corporation proposing to issue revenue bonds makes a
finding that in its opinion the interest paid on the bonds will
be exempt from income taxation by the federal government.
Revenue bonds issued by a public corporation under this
chapter shall not be considered to constitute a debt of the
state, of the municipality, or of any other municipal corporation, quasi municipal corporation, subdivision, or agency of
this state or to pledge any or all of the faith and credit of any
of these entities. The revenue bonds shall be payable solely
39.84.060
(2010 Ed.)
Industrial Development Revenue Bonds
from both the revenues derived as a result of the industrial
development facilities funded by the revenue bonds, including, without limitation, amounts received under the terms of
any financing document or by reason of any additional security furnished by the user of the industrial development facility in connection with the financing thereof, and money and
other property received from private sources. Each revenue
bond shall contain on its face statements to the effect that: (1)
Neither the state, the municipality, or any other municipal
corporation, quasi municipal corporation, subdivision, or
agency of the state is obligated to pay the principal or the
interest thereon; (2) no tax funds or governmental revenue
may be used to pay the principal or interest thereon; and (3)
neither any or all of the faith and credit nor the taxing power
of the state, the municipality, or any other municipal corporation, quasi municipal corporation, subdivision, or agency
thereof is pledged to the payment of the principal of or the
interest on the revenue bond. A public corporation may incur
only those financial obligations which will be paid from revenues received pursuant to financing documents, from fees or
charges paid by users or prospective users of the industrial
development facilities funded by the revenue bonds, or from
the proceeds of revenue bonds. A public corporation established under the terms of this chapter constitutes an authority
and an instrumentality (within the meaning of those terms in
the regulations of the United States treasury and the rulings of
the Internal Revenue Service prescribed pursuant to section
103 of the Internal Revenue Code of 1954, as amended) and
may act on behalf of the municipality under whose auspices
it is created for the specific public purposes authorized by this
chapter. The public corporation is not a municipal corporation within the meaning of the state Constitution and the laws
of the state, or a political subdivision within the meaning of
the state Constitution and the laws of the state, including
without limitation, Article VIII, section 7, of the Washington
state Constitution. A municipality shall not delegate to a public corporation any of the municipality’s attributes of sovereignty, including, without limitation, the power to tax, the
power of eminent domain, and the police power. [1981 c 300
§ 6.]
39.84.070 Public corporations—Audit by state. The
finances of any public corporation are subject to examination
by the state auditor’s office pursuant to RCW 43.09.260.
[1981 c 300 § 7.]
39.84.070
39.84.080 Public corporations—Powers. (1) A public
corporation created under this chapter has the following powers with respect to industrial development facilities together
with all powers incidental thereto or necessary for the performance thereof:
(a) To construct and maintain one or more industrial
development facilities;
(b) To lease to a lessee all or any part of any industrial
development facility for such rentals and upon such terms
and conditions, including options to purchase, as its board of
directors considers advisable and not in conflict with this
chapter;
(c) To sell by installment contract or otherwise and convey all or any part of any industrial development facility for
39.84.080
(2010 Ed.)
39.84.080
such purchase price and upon such terms and conditions as its
board of directors considers advisable which are not in conflict with this chapter;
(d) To make secured loans for the purpose of providing
temporary or permanent financing or refinancing of all or part
of the project cost of any industrial development facility,
including the refunding of any outstanding obligations, mortgages, or advances issued, made, or given by any person for
the project costs; and to charge and collect interest on the
loans for the loan payments upon such terms and conditions
as its board of directors considers advisable which are not in
conflict with this chapter;
(e) To issue revenue bonds for the purpose of financing
all or part of the project cost of any industrial development
facility and to secure the payment of the revenue bonds as
provided in this chapter;
(f) As security for the payment of the principal of and
interest on any revenue bonds issued and any agreements
made in connection therewith, to mortgage, pledge, or otherwise encumber any or all of its industrial development facilities or any part or parts thereof, whether then owned or thereafter acquired, and to assign any mortgage and repledge any
security conveyed to the public corporation, to secure any
loan made by the public corporation and to pledge the revenues and receipts therefrom;
(g) To sue and be sued, complain, and defend in its corporate name;
(h) To make contracts and to execute all instruments necessary or convenient for the carrying out of its business;
(i) To have a corporate seal and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in
any other manner reproduced;
(j) Subject to the limitations of RCW 39.84.060, to borrow money, accept grants from, or contract with any local,
state, or federal governmental agency or with any financial,
public, or private corporation;
(k) To make and alter bylaws not inconsistent with its
charter for the administration and regulation of the affairs of
the corporation;
(l) To collect fees or charges from users or prospective
users of industrial development facilities to recover actual or
anticipated administrative costs;
(m) To execute financing documents incidental to the
powers enumerated in this subsection.
(2) No public corporation created under this chapter may
operate any industrial development facility as a business
other than as lessor, seller, or lender. The purchase and holding of mortgages, deeds of trust, or other security interests
and contracting for any servicing thereof is not considered
the operation of an industrial development facility.
(3) No public corporation may exercise any of the powers authorized in this section or issue any revenue bonds with
respect to any industrial development facility unless the
industrial development facility is located wholly within the
boundaries of the municipality under whose auspices the
public corporation is created or unless the industrial development facility comprises energy facilities or solid waste disposal facilities which provide energy for or dispose of solid
waste from the municipality or the residents thereof. [1981 c
300 § 8.]
[Title 39 RCW—page 101]
39.84.090
Title 39 RCW: Public Contracts and Indebtedness
39.84.090 Reporting to the department of community, trade, and economic development. (1) Prior to issuance of any revenue bonds, each public corporation shall submit a copy of its enabling ordinance and charter, a description
of any industrial development facility proposed to be undertaken, and the basis for its qualification as an industrial development facility to the *department of community, trade, and
economic development.
(2) If the industrial development facility is not eligible
under this chapter, the *department of community, trade, and
economic development shall give notice to the public corporation, in writing and by certified mail, within twelve working days of receipt of the description.
(3) The *department of community, trade, and economic
development shall provide such advice and assistance to public corporations and municipalities which have created or
may wish to create public corporations as the public corporations or municipalities request and the *department of community, trade, and economic development considers appropriate. [1998 c 245 § 34; 1995 c 399 § 56; 1987 c 505 § 22;
1985 c 466 § 46; 1981 c 300 § 9.]
39.84.090
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Department of commerce: Chapter 43.330 RCW.
Additional notes found at www.leg.wa.gov
39.84.100 Revenue bonds—Provisions. (1) The principal of and the interest on any revenue bonds issued by a
public corporation shall be payable solely from the funds provided for this payment from the revenues of the industrial
development facilities funded by the revenue bonds. Each
issue of revenue bonds shall be dated, shall bear interest at
such rate or rates, and shall mature at such time or times as
may be determined by the board of directors, and may be
made redeemable before maturity at such price or prices and
under such terms and conditions as may be fixed by the board
of directors prior to the issuance of the revenue bonds or
other revenue obligations.
(2) The board of directors shall determine the form and
the manner of execution of the revenue bonds and shall fix
the denomination or denominations of the revenue bonds and
the place or places of payment of principal and interest. If any
officer whose signature or a facsimile of whose signature
appears on any revenue bonds or any coupons ceases to be an
officer before the delivery of the revenue bonds, the signature
shall for all purposes have the same effect as if he had
remained in office until delivery. The revenue bonds may be
issued in coupon or in registered form, as provided in RCW
39.46.030, or both as the board of directors may determine,
and provisions may be made for the registration of any coupon revenue bonds as to the principal alone and also as to
both principal and interest and for the reconversion into coupon bonds of any bonds registered as to both principal and
interest. A public corporation may sell revenue bonds at public or private sale for such price and bearing interest at such
fixed or variable rate as may be determined by the board of
directors.
(3) The proceeds of the revenue bonds of each issue shall
be used solely for the payment of all or part of the project cost
of or for the making of a loan in the amount of all or part of
the project cost of the industrial development facility for
39.84.100
[Title 39 RCW—page 102]
which authorized and shall be disbursed in such manner and
under such restrictions, if any, provided in the resolution
authorizing the issuance of the revenue bonds or in the trust
agreement securing the bonds. If the proceeds of the revenue
bonds of any series issued with respect to the cost of any
industrial development facility exceeds the cost of the industrial development facility for which issued, the surplus shall
be deposited to the credit of the debt service fund for the revenue bonds or used to purchase revenue bonds in the open
market.
(4) A public corporation may issue interim notes in the
manner provided for the issuance of revenue bonds to fund
industrial development facilities prior to issuing other revenue bonds to fund such facilities. A public corporation may
issue revenue bonds to fund industrial development facilities
that are exchangeable for other revenue bonds when these
other revenue bonds are executed and available for delivery.
(5) The principal of and interest on any revenue bonds
issued by a public corporation shall be secured by a pledge of
unexpended bond proceeds and the revenues and receipts
received by the public corporation from the industrial development facilities funded by the revenue bonds pursuant to
financing documents. The resolution under which the revenue bonds are authorized to be issued and any financing document may contain agreements and provisions respecting the
maintenance or use of the industrial development facility
covered thereby, the fixing and collection of rents, purchase
price payments or loan payments, the creation and maintenance of special funds from such revenues or from revenue
bond proceeds, the rights and remedies available in the event
of default, and other provisions relating to the security for the
bonds, all as the board of directors consider advisable which
are not in conflict with this chapter.
(6) The governing body of the municipality under whose
auspices the public corporation is created shall approve by
resolution any agreement to issue revenue bonds adopted by
a public corporation, which agreement and resolution shall
set out the amount and purpose of the revenue bonds. Additionally, no issue of revenue bonds, including refunding
bonds, may be sold and delivered by a public corporation
without a resolution of the governing body of the municipality under whose auspices the public corporation is created,
adopted no more than sixty days before the date of sale of the
revenue bonds specifically, approving the resolution of the
public corporation providing for the issuance of the revenue
bonds.
(7) All revenue bonds issued under this chapter and any
interest coupons applicable thereto are negotiable instruments within the meaning of Article 8 of the Uniform Commercial Code, Title 62A RCW, regardless of form or character.
(8) Notwithstanding subsections (1) and (2) of this section, such bonds and interim notes may be issued and sold in
accordance with chapter 39.46 RCW. [1983 c 167 § 115;
1981 c 300 § 10.]
Additional notes found at www.leg.wa.gov
39.84.110 Revenue bonds—Refunding. Each public
corporation may provide by resolution for the issuance of
revenue refunding bonds for the purpose of refunding any
39.84.110
(2010 Ed.)
Industrial Development Revenue Bonds
revenue bonds issued for an industrial development facility
under this chapter, including the payment of any redemption
premium thereon and any interest accrued or to accrue to the
date of redemption or maturity of the revenue bonds and, if
considered advisable by the public corporation, for the additional purpose of financing improvements, extensions, or
enlargements to the industrial development facility for
another industrial development facility. The issuance of the
revenue bonds, the maturities and other details thereof, the
rights of the holders thereof, and the rights, duties, and obligations of the public corporation in respect to the same shall
be governed by this chapter insofar as applicable. [1981 c
300 § 11.]
39.84.120
39.84.120 Trust agreements. Any bonds issued under
this chapter may be secured by a trust agreement between the
public corporation and a corporate trustee, which may be any
trust company or bank having the powers of a trust company
within or without the state. The trust agreement may evidence
a pledge or assignment of the financing documents and lease,
sale, or loan revenues to be received from a lessee or purchaser of or borrower with respect to an industrial development facility for the payment of principal of and interest and
any premium on the bonds as the same shall become due and
payable and may provide for creation and maintenance of
reserves for these purposes. A trust agreement or resolution
providing for the issuance of the revenue bonds may contain
such provisions for protecting and enforcing the rights and
remedies of the bondholders as may be reasonable and proper
and not in violation of law, including covenants setting forth
the duties in relation to the acquisition of property and the
construction, improvement, maintenance, use, repair, operation, and insurance of the industrial development facility for
which the bonds are authorized, and the custody, safeguarding, and application of all money. Any bank or trust company
incorporated under the laws of the state which may act as
depository of the proceeds of revenue bonds or of revenues
may furnish such indemnifying bonds or pledge such securities as may be required by the corporation. A trust agreement
may set forth the rights and remedies of the bondholders and
of the trustee and may restrict the individual right of action by
bondholders as is customary in trust agreements or trust
indentures securing bonds and debentures of private corporations. In addition, a trust agreement may contain such provisions as the public corporation considers reasonable and
proper for the security of the bondholders which are not in
conflict with this chapter. [1981 c 300 § 12.]
39.84.130
39.84.130 Commingling of bond proceeds or revenues with municipal funds prohibited—Exception. No
part of the proceeds received from the sale of any revenue
bonds under this chapter, of any revenues derived from any
industrial development facility acquired or held under this
chapter, or of any interest realized on moneys received under
this chapter may be commingled by the public corporation
with funds of the municipality creating the public corporation. However, those funds of the public corporation, other
than proceeds received from the sale of revenue bonds, that
are not otherwise encumbered for the payment of revenue
bonds and are not reasonably anticipated by the board of
(2010 Ed.)
39.84.160
directors to be necessary for administrative expenses of the
public corporation may be transferred to the creating municipality and used for growth management, planning, or other
economic development purposes. [1993 c 139 § 1; 1981 c
300 § 13.]
39.84.140
39.84.140 Subleases and assignments. A lessee or
contracting party under a sale contract or loan agreement
shall not be required to be the eventual user of an industrial
development facility if any sublessee or assignee assumes all
of the obligations of the lessee or contracting party under the
lease, sale contract, or loan agreement, but the lessee or contracting party or their successors shall remain primarily liable
for all of its obligations under the lease, sale contract, or loan
agreement and the use of the industrial development facility
shall be consistent with the purposes of this chapter. [1981 c
300 § 14.]
39.84.150
39.84.150 Determination of rent. Before entering into
a lease, sale contract, or loan agreement with respect to any
industrial development facility, the public corporation shall
determine that there are sufficient revenues to pay (1) the
principal of and the interest on the revenue bonds proposed to
be issued to finance the industrial development facility; (2)
the amount necessary to be paid each year into any reserve
funds which the public corporation considers advisable to
establish in connection with the retirement of the proposed
bonds and the maintenance of the industrial development
facility; and (3) unless the terms of the lease, sale contract, or
loan agreement provide that the lessee or contracting party
shall maintain the industrial development facility and carry
all proper insurance with respect thereto, the estimated cost
of maintaining the industrial development facility in good
repair and keeping it properly insured. [1981 c 300 § 15.]
39.84.160
39.84.160 Proceedings in the event of default. The
proceedings authorizing any revenue bonds under this chapter or any financing document securing the revenue bonds
may provide that if there is a default in the payment of the
principal of or the interest on the bonds or in the performance
of any agreement contained in the proceedings or financing
document, the payment and performance may be enforced by
mandamus or by the appointment of a receiver in equity with
power to charge and collect rents, purchase price payments,
and loan repayments, and to apply the revenues from the
industrial development facility in accordance with the proceedings or provisions of the financing document. Any
financing document entered into under this chapter to secure
revenue bonds issued under this chapter may also provide
that if there is a default in the payment thereof or a violation
of any agreement contained in the financing document, the
industrial development facility may be foreclosed and sold
under proceedings in equity or in any other manner now or
hereafter permitted by law. Any financing document may
also provide that any trustee under the financing document or
the holder of any revenue bonds secured thereby may become
the purchaser at any foreclosure sale if it is the highest bidder.
[1981 c 300 § 16.]
[Title 39 RCW—page 103]
39.84.170
Title 39 RCW: Public Contracts and Indebtedness
39.84.170 Implementation of economic development
programs by port district—Use of nonprofit corporations—Transfer of funds. Funds received by a port district
under RCW 39.84.130 may be transferred to a nonprofit corporation created or re-created for the exclusive purpose of
providing training, education, and general improvement to
the public sector management skills necessary to implement
the economic development programs of the port district. The
nonprofit corporation selected for that purpose may be, without limitation, a corporation formed by the Washington public ports association.
Any nonprofit corporation selected for the purposes of
this section must have tax exempt status under 26 U.S.C. Sec.
501(c)(3).
Transfers and expenditures of funds shall be deemed to
be for industrial development and trade promotion as provided in Article VIII, section 8 of the Washington state Constitution.
Nothing in this chapter shall be construed to prohibit the
receipt of additional public or private funds by a nonprofit
corporation for the purposes described in this section. [2000
c 198 § 2.]
39.84.170
39.84.200 Authority of community economic revitalization board under this chapter. The community economic revitalization board under chapter 43.160 RCW shall
have all the powers of a public corporation under this chapter.
To the extent applicable, all duties of a public corporation
apply to the community economic revitalization board in
exercising its powers under this chapter. [1984 c 257 § 11.]
39.86.905
39.86.906
Captions.
Severability—1987 c 297.
39.86.100 Legislative findings and policy. The federal
internal revenue code of 1986, as amended imposes ceilings
on the aggregate amount of certain types of bonds, including
tax-exempt private activity bonds and other types, that may
be issued during any calendar year by or on behalf of states
and their political subdivisions. The code provides a formula
for allocating the annual tax-exempt private activity bond
ceiling among various issuers of private activity bonds for
housing, student loans, exempt facilities, and redevelopment
projects within a state, but permits each state to enact a different allocation method that is appropriate to that state’s needs.
In addition, congress might, from time to time, amend the
code by authorizing state ceilings on additional types of
bonds. The purpose of this chapter is to provide a flexible
and efficient method of allocating the annual state ceiling in
Washington in a manner that recognizes the need of the state
and its political subdivisions to finance activities or projects
that satisfy a substantial public purpose. [2010 1st sp.s. c 6 §
3; 2001 c 330 § 1; 1987 c 297 § 1.]
39.86.100
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
39.84.200
39.84.900 Construction—Supplemental nature of
chapter. This chapter supplements and neither restricts nor
limits any powers which a municipality or presently authorized public corporation might otherwise have under any
laws of this state. [1981 c 300 § 17.]
39.84.900
39.84.910 Captions not part of law. As used in this
chapter, captions constitute no part of the law. [1981 c 300 §
19.]
39.84.910
39.84.920 Severability—1981 c 300. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 300 § 20.]
39.84.920
Chapter 39.86 RCW
PRIVATE ACTIVITY BOND ALLOCATION
Chapter 39.86
Sections
39.86.100
39.86.110
39.86.120
39.86.130
39.86.140
39.86.150
39.86.155
39.86.160
39.86.170
39.86.180
39.86.190
Legislative findings and policy.
Definitions.
Initial allocation.
Criteria.
Procedure for obtaining state ceiling allocation.
Reallocation process and carryforwards.
State bond ceiling allocation formula.
Executive orders.
Fees.
Code amendments.
Biennial reports.
[Title 39 RCW—page 104]
39.86.110 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Agency" means the department of commerce.
(2) "Bond use category" means: (a) Any of the following
categories of bonds which are subject to the annual state taxexempt private activity bond ceiling: (i) Housing, (ii) student
loans, (iii) small issue, (iv) exempt facility, (v) redevelopment, and (vi) remainder; and (b) any other categories of
bonds described in the code for which there is a separate ceiling, with the exception of bonds designated solely for school
district purposes.
(3) "Bonds" means bonds, notes, or other obligations of
an issuer.
(4) "Carryforward" is an allocation or reallocation of the
state ceiling which is carried from one calendar year to a later
year, in accordance with the code.
(5) "Code" means the federal internal revenue code of
1986, as amended.
(6) "Director" means the director of the agency or the
director’s designee.
(7) "Exempt facility" means the bond use category which
includes all bonds which are exempt facility bonds as
described in the code, except those for qualified residential
rental projects.
(8) "Firm and convincing evidence" means documentation that satisfies the director that the issuer is committed to
the prompt financing of, and will issue bonds for, the project
or program for which it requests an allocation from the state
ceiling.
(9) "Housing" means the bond use category which
includes: (a) Mortgage revenue bonds and mortgage credit
certificates as described in the code; and (b) exempt facility
bonds for qualified residential rental projects as described in
the code.
(10) "Initial allocation" means the portion or dollar value
of the annual state tax-exempt private activity bond ceiling
39.86.110
(2010 Ed.)
Private Activity Bond Allocation
which initially in each calendar year is allocated to a bond use
category for the issuance of private activity bonds, in accordance with RCW 39.86.120.
(11) "Issuer" means the state, any agency or instrumentality of the state, any political subdivision, or any other
entity authorized to issue bonds under state law.
(12) "Original allocation" means any allocation of bond
authority by a mandatory formula in the code, except for the
initial allocations of the annual state ceiling on tax-exempt
private activity bonds.
(13) "Private activity bonds" means obligations that are
private activity bonds as defined in the code or bonds for purposes described in section 1317(25) of the federal internal
revenue code of 1986, as amended.
(14) "Program" means the activities for which housing
bonds may be issued.
(15) "Redevelopment" means the bond use category
which includes qualified redevelopment bonds as described
in the code.
(16) "Remainder" means that portion of the annual state
tax-exempt private activity bond ceiling remaining after initial allocations are made under RCW 39.86.120 for any other
bond use category.
(17) "Small issue" means the bond use category which
includes all industrial development bonds that constitute
qualified small issue bonds, as described in the code.
(18) "State" means the state of Washington.
(19) "State ceiling" means the volume limitation for each
calendar year on specific bond types, including tax-exempt
private activity bonds and other bonds, as imposed by the
code.
(20) "Student loans" means the bond use category which
includes qualified student loan bonds as described in the
code. [2010 1st sp.s. c 6 § 4; 2009 c 565 § 23; 1995 c 399 §
57; 1987 c 297 § 2.]
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
39.86.120 Initial allocation. (1) Except as provided in
subsections (2) and (4) of this section, the initial allocation of
the state ceiling shall be for each year as follows:
39.86.120
BOND USE
CATEGORY
Housing
Small Issue
Exempt Facility
Student Loans
Public Utility
Remainder and
Redevelopment
2010 AND
THEREAFTER
32.0%
25.0%
20.0%
15.0%
0.0%
8.0%
(2) Initial allocations may be modified by the agency
only to reflect an issuer’s carryforward amount. Any reduction of the initial allocation shall be added to the remainder
and be available for allocation or reallocation.
(3) The remainder shall be allocated by the agency
among one or more issuers from any bond use category with
regard to the criteria specified in RCW 39.86.130.
(4) Should any bond use category no longer be subject to
the state ceiling due to federal or state provisions of law, the
agency shall divide the amount of that initial allocation
(2010 Ed.)
39.86.130
among the remaining categories as necessary or appropriate
with regard to the criteria specified in RCW 39.86.130.
(5)(a) Prior to July 1st of each calendar year, any available portion of an initial allocation may be allocated or reallocated only to an issuer within the same bond use category,
except that the remainder category, or portions thereof, may
be allocated at any time to any bond use category.
(b) Beginning July 1st of each calendar year, the agency
may allocate or reallocate any available portion of the state
ceiling to any bond use category with regard to the criteria
specified in RCW 39.86.130. [2010 1st sp.s. c 6 § 6; 2001 c
330 § 2; 1990 c 50 § 1; 1987 c 297 § 3.]
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
39.86.130 Criteria. (1) In granting an allocation, reallocation, or carryforward of the state ceiling as provided in
this chapter, the agency shall consider existing state priorities
and other such criteria, including but not limited to, the following criteria:
(a) Need of issuers to issue bonds within a bond use category subject to a state ceiling;
(b) Amount of the state ceiling available;
(c) Public benefit and purpose to be satisfied, including
economic development, educational opportunity, and public
health, safety, or welfare;
(d) Cost or availability of alternative methods of financing for the project or program; and
(e) Certainty of using the allocation which is being
requested.
(2) In determining whether to allocate an amount of the
state ceiling to an issuer within any bond use category, the
agency shall consider, but is not limited to, the following criteria for each of the bond use categories:
(a) Housing: Criteria which comply with RCW
43.180.200.
(b) Student loans: Criteria which comply with the applicable provisions of Title 28B RCW and rules adopted by the
higher education coordinating board or applicable state
agency dealing with student financial aid.
(c) Small issue: Factors which may include:
(i) The number of employment opportunities the project
is likely to create or retain in relation to the amount of the
bond issuance;
(ii) The level of unemployment existing in the geographic area likely to be affected by the project;
(iii) A commitment to providing employment opportunities to low-income persons in cooperation with the employment security department;
(iv) Geographic distribution of projects;
(v) The number of persons who will benefit from the
project;
(vi) Consistency with criteria identified in subsection (1)
of this section; and
(vii) Order in which requests were received.
(d) Exempt facility or redevelopment: Factors which
may include:
(i) State issuance needs;
(ii) Consistency with criteria identified in subsection (1)
of this section;
(iii) Order in which requests were received;
39.86.130
[Title 39 RCW—page 105]
39.86.140
Title 39 RCW: Public Contracts and Indebtedness
(iv) The proportionate number of persons in relationship
to the size of the community who will benefit from the
project; and
(v) The unique timing and issuance needs of large scale
projects that may require allocations in more than one year.
(e) Public utility: Factors which may include:
(i) Consistency with criteria identified in subsection (1)
of this section; and
(ii) Timing needs for issuance of bonds over a multi-year
period. [2010 1st sp.s. c 6 § 7; 1987 c 297 § 4.]
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
39.86.140 Procedure for obtaining state ceiling allocation. (1) No issuer may receive an allocation of the state
ceiling without a certificate of approval from the agency.
(2) For each state ceiling allocation request, an issuer
shall submit to the agency, no sooner than ninety days prior
to the beginning of a calendar year for which an allocation of
the state ceiling is being requested, a form identifying:
(a) The amount of the allocation sought;
(b) The bond use category from which the allocation
sought would be made;
(c) The project or program for which the allocation is
requested;
(d) The financing schedule for which the allocation is
needed; and
(e) Any other such information required by the agency,
including information which corresponds to the allocation
criteria of RCW 39.86.130.
(3) The agency may approve or deny an allocation for all
or a portion of the issuer’s request. Any denied request, however, shall remain on file with the agency for the remainder of
the calendar year and shall be considered for receiving any
allocation, reallocation, or carryforward of unused portions
of the state ceiling during that period.
(4) After receiving an allocation request, the agency
shall mail to the requesting issuer a written certificate of
approval or notice of denial for an allocation amount, by a
date no later than the latest of the following:
(a) February 1st of the calendar year for which the
request is made;
(b) Fifteen days from the date the agency receives an
allocation request; or
(c) Fifteen days from the date the agency receives a recommendation by the *board with regard to a small issue allocation request, should the *board choose to review individual
requests.
(5)(a) For requests of the state ceiling of any calendar
year, the following applies to all bond use categories except
housing and student loans:
(i) Except for housing and student loans, any allocations
granted prior to April 1st, for which bonds have not been
issued by July 1st of the same calendar year, shall revert to
the agency on July 1st of the same calendar year for reallocation unless an extension or carryforward is granted;
(ii) Except for housing and student loans, any allocations
granted on or after April 1st, for which bonds have not been
issued by October 15th of the same calendar year, shall revert
to the agency on October 15th of the same calendar year for
reallocation unless an extension or carryforward is granted.
39.86.140
[Title 39 RCW—page 106]
(b) For each calendar year, any housing or student loan
allocations, for which bonds have not been issued by December 15th of the same calendar year, shall revert to the agency
on December 15th of the same calendar year for reallocation
unless an extension or carryforward is granted.
(6) An extension of the deadlines provided by subsection
(5) of this section may be granted by the agency for the
approved allocation amount or a portion thereof, based on:
(a) Firm and convincing evidence that the bonds will be
issued before the end of the calendar year if the extension is
granted; and
(b) Any other criteria the agency deems appropriate.
(7) If an issuer determines that bonds subject to the state
ceiling will not be issued for the project or program for which
an allocation was granted, the issuer shall promptly notify the
agency in writing so that the allocation may be canceled and
the amount may be available for reallocation.
(8) Bonds subject to the state ceiling may be issued only
to finance the project or program for which a certificate of
approval is granted.
(9) Within three business days of the date that bonds for
which an allocation of the state ceiling is granted have been
delivered to the original purchasers, the issuer shall mail to
the agency a written notification of the bond issuance. In
accordance with chapter 39.44 RCW, the issuer shall also
complete bond issuance information on the form provided by
the agency.
(10) If the total amount of bonds issued under the authority of a state ceiling for a project or program is less than the
amount allocated, the remaining portion of the allocation
shall revert to the agency for reallocation in accordance with
the criteria in RCW 39.86.130. If the amount of bonds actually issued under the authority of a state ceiling is greater than
the amount allocated, the entire allocation shall be disallowed. [2010 1st sp.s. c 6 § 8; 1987 c 297 § 5.]
*Reviser’s note: RCW 39.86.110 was amended by 2010 1st sp.s. c 6 §
4, deleting the definition of "board."
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
39.86.150 Reallocation process and carryforwards.
(1) Beginning July 1st of each calendar year, the agency may
allocate or reallocate any portions of the annual state taxexempt private activity bond ceiling for which no certificate
of approval is in effect. Reallocations may also be made from
the remainder category at any time during the year.
(2) Prior to the end of each calendar year, the agency
shall allocate or reallocate any unused portions of the state
ceiling among one or more issuers as carryforward, to be
used within three years, in accordance with the code and relevant criteria described in RCW 39.86.130.
(3) Reallocations of state bond ceilings other than the
annual tax-exempt private activity bond ceiling may be made
by the agency in accordance with the code or as established in
agency rule when not specified in the code. [2010 1st sp.s. c
6 § 9; 1987 c 297 § 6.]
39.86.150
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
39.86.155 State bond ceiling allocation formula.
Original allocations or any reallocations of state bond ceilings other than the tax-exempt private activity bond ceiling
39.86.155
(2010 Ed.)
Community Redevelopment Financing Act
must be determined by formula as provided in the code, or by
department rule if no formula is provided in the code. [2010
1st sp.s. c 6 § 5.]
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
39.86.160 Executive orders. If federal legislation is
enacted or federal regulations are promulgated which affect
the state ceiling, when the legislature is not in session or is
less than forty-five days from the constitutional end of session, the governor may establish by executive order an alternative system for the allocation of tax-exempt bonds under
the state ceiling, effective until the legislature acts. In allocating or reallocating under this section, the governor shall take
into account the requirements of federal law, the policy
choices expressed in state law, and the projected needs of
issuers. [1987 c 297 § 7.]
39.86.160
39.86.170 Fees. A fee schedule shall be established by
rule by the agency to assist in support of bond allocation
activities. Fees shall reflect costs actually incurred or
expected to be incurred by the agency in its bond allocation
and bond users clearinghouse activities. [2010 1st sp.s. c 6 §
10; 1987 c 297 § 8.]
39.86.170
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
39.86.180 Code amendments. In order to permit the
full use of the authorized state ceiling under federal law, the
agency may adopt rules approving any amendments made to
the code after May 8, 1987. [1987 c 297 § 9.]
39.86.180
39.86.190 Biennial reports. By February 1st of each
even-numbered year, the agency shall summarize for the legislature each previous year’s bond allocation requests and
issuance. Beginning in February 2010 and thereafter in February of each even-numbered year, the agency shall also submit a biennial report summarizing usage of the bond allocation proceeds and any policy concerns for future bond allocations. [2010 1st sp.s. c 6 § 11; 2009 c 518 § 19; 1987 c 297 §
10.]
39.86.190
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
39.86.905 Captions. As used in this chapter, captions
constitute no part of the law. [1987 c 297 § 15.]
39.86.905
39.86.906 Severability—1987 c 297. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 297 § 14.]
39.86.906
Chapter 39.88 RCW
COMMUNITY REDEVELOPMENT FINANCING ACT
Chapter 39.88
Sections
39.88.010
39.88.020
39.88.030
39.88.040
39.88.050
39.88.060
39.88.070
(2010 Ed.)
Declaration.
Definitions.
Authority—Limitations.
Procedure for adoption of public improvement.
Notice of public improvement.
Disagreements between taxing districts.
Apportionment of taxes.
39.88.080
39.88.090
39.88.100
39.88.110
39.88.120
39.88.130
39.88.900
39.88.905
39.88.910
39.88.915
39.88.020
Application of tax allocation revenues.
General obligation bonds.
Tax allocation bonds.
Legal investments.
Notice to state.
Conclusive presumption of validity.
Supplemental nature of chapter.
Short title.
Captions not part of law—1982 1st ex.s. c 42.
Severability—1982 1st ex.s. c 42.
Reviser’s note: Senate Joint Resolution No. 143, amending the state
Constitution to authorize the use of increased property tax revenues resulting
from a public improvement for the purpose of paying obligations incurred
for the improvement, was enacted during the 1982 first extraordinary session
of the legislature and was submitted to the voters at the November 1982 state
general election. It was defeated by a vote of 393,030 in favor and 882,194
against. A similar constitutional amendment, House Joint Resolution No. 23,
was defeated at the November 1985 state general election.
39.88.010 Declaration. It is declared to be the public
policy of the state of Washington to promote and facilitate the
orderly development and economic stability of its urban
areas. The provision of adequate government services and the
creation of employment opportunities for the citizens within
urban areas depends upon the economic growth and the
strength of their tax base. The construction of necessary public improvements in accordance with local community planning will encourage investment in job-producing private
development and will expand the public tax base.
It is the purpose of this chapter to allocate a portion of
regular property taxes for limited periods of time to assist in
the financing of public improvements which are needed to
encourage private development of urban areas; to prevent or
arrest the decay of urban areas due to the inability of existing
financing methods to provide needed public improvements;
to encourage local taxing districts to cooperate in the allocation of future tax revenues arising in urban areas in order to
facilitate the long-term growth of their common tax base; and
to encourage private investment within urban areas. [1982
1st ex.s. c 42 § 2.]
39.88.010
39.88.020 Definitions. As used in this chapter the following terms have the following meanings unless a different
meaning is clearly indicated by the context:
(1) "Apportionment district" means the geographic area,
within an urban area, from which regular property taxes are
to be apportioned to finance a public improvement contained
therein.
(2) "Assessed value of real property" means the valuation of real property as placed on the last completed assessment roll of the county.
(3) "City" means any city or town.
(4) "Ordinance" means any appropriate method of taking
a legislative action by a county or city, whether known as a
statute, resolution, ordinance, or otherwise.
(5) "Public improvement" means an undertaking to provide public facilities in an urban area which the sponsor has
authority to provide.
(6) "Public improvement costs" means the costs of
design, planning, acquisition, site preparation, construction,
reconstruction, rehabilitation, improvement, and installation
of the public improvement; costs of relocation, maintenance,
and operation of property pending construction of the public
improvement; costs of utilities relocated as a result of the
public improvement; costs of financing, including interest
39.88.020
[Title 39 RCW—page 107]
39.88.030
Title 39 RCW: Public Contracts and Indebtedness
during construction, legal and other professional services,
taxes, and insurance; costs incurred by the assessor to revalue
real property for the purpose of determining the tax allocation
base value that are in excess of costs incurred by the assessor
in accordance with his revaluation plan under chapter 84.41
RCW, and the costs of apportioning the taxes and complying
with this chapter and other applicable law; and administrative
costs reasonably necessary and related to these costs. These
costs may include costs incurred prior to the adoption of the
public improvement ordinance, but subsequent to July 10,
1982.
(7) "Public improvement ordinance" means the ordinance passed under RCW 39.88.040(4).
(8) "Regular property taxes" means regular property
taxes as now or hereafter defined in RCW 84.04.140, except
regular property taxes levied by port districts or public utility
districts specifically for the purpose of making required payments of principal and interest on general indebtedness.
(9) "Sponsor" means any county or city initiating and
undertaking a public improvement.
(10) "Tax allocation base value of real property" means
the true and fair value of real property within an apportionment district for the year in which the apportionment district
was established.
(11) "Tax allocation bonds" means any bonds, notes, or
other obligations issued by a sponsor pursuant to *section 10
of this act.
(12) "Tax allocation revenues" means those tax revenues
allocated to a sponsor under RCW 39.88.070(1)(b).
(13) "Taxing districts" means any governmental entity
which levies or has levied for it regular property taxes upon
real property located within a proposed or approved apportionment district.
(14) "Value of taxable property" means value of taxable
property as defined in RCW 39.36.015.
(15) "Urban area" means an area in a city or located outside of a city that is characterized by intensive use of the land
for the location of structures and receiving such urban services as sewers, water, and other public utilities and services
normally associated with urbanized areas. Not more than
twenty-five percent of the area within the urban area proposed apportionment district may be vacant land. [1982 1st
ex.s. c 42 § 3.]
*Reviser’s note: "section 10 of this act," codified as RCW 39.88.090,
deals with general obligation bonds. Tax allocation bonds are the subject of
section 11 (RCW 39.88.100), which was apparently intended. The error
arose in the renumbering of sections in the engrossing of amendments to
Second Substitute Senate Bill No. 4603 [1982 1st ex.s. c 42].
39.88.030 Authority—Limitations. (1) Only public
improvements which are determined by the legislative
authority of the sponsor to meet the following criteria are eligible to be financed under this chapter:
(a) The public improvement is located within an urban
area;
(b) The public improvement will encourage private
development within the apportionment district;
(c) The public improvement will increase the fair market
value of the real property located within the apportionment
district;
39.88.030
[Title 39 RCW—page 108]
(d) The private development which is anticipated to
occur within the apportionment district as a result of the public improvement is consistent with an existing comprehensive
land use plan and approved growth policies of the jurisdiction
within which it is located;
(e) A public improvement located within a city has been
approved by the legislative authority of such city; and
(f) A public improvement located within an urban area in
an unincorporated area has been approved by the legislative
authority of the county within whose boundaries the area lies.
(2) Apportionment of regular property tax revenues to
finance the public improvements is subject to the following
limitations:
(a) No apportionment of regular property tax revenues
may take place within a previously established apportionment district where regular property taxes are still apportioned to finance public improvements without the concurrence of the sponsor which established the district;
(b) No apportionment district may be established which
includes any geographic area included within a previously
established apportionment district which has outstanding
bonds payable in whole or in part from tax allocation revenues;
(c) The total amount of outstanding bonds payable in
whole or in part from tax allocation revenues arising from
property located within a city shall not exceed two percent of
the value of taxable property within the city, and the total
amount of outstanding bonds payable in whole or in part from
tax allocation revenues arising from property located within
the unincorporated areas of a county shall not exceed two
percent of the value of taxable property within the entire
unincorporated area of the county; and
(d) No taxes other than regular property taxes may be
apportioned under this chapter.
(3) Public improvements may be undertaken and coordinated with other programs or efforts undertaken by the sponsor or others and may be funded in whole or in part from
sources other than those provided by this chapter. [1982 1st
ex.s. c 42 § 4.]
39.88.040 Procedure for adoption of public improvement. Public improvements funded by tax allocation revenues may only be located within an urban area. In order to
secure an allocation of regular property taxes to finance a
public improvement, a sponsor shall:
(1) Propose by ordinance a plan for the public improvement which includes a description of the contemplated public
improvement, the estimated cost thereof, the boundaries of
the apportionment district, the estimated period during which
tax revenue apportionment is contemplated, and the ways in
which the sponsor plans to use tax allocation revenues to
finance the public improvement, and which sets at least three
public hearings thereon before the legislative authority of the
sponsor or a committee thereof: PROVIDED, That public
hearings for the public improvement that is undertaken in
combination or coordination by two or more sponsors may be
held jointly; and public hearings, held before the legislative
authority or a committee of a majority thereof may be combined with public hearings held for other purposes;
(2) At least fifteen days in advance of the hearing:
39.88.040
(2010 Ed.)
Community Redevelopment Financing Act
(a) Deliver notice of the hearing to all taxing districts, the
county treasurer, and the county assessor, which notice
includes a map or drawing showing the location of the contemplated public improvement and the boundaries of the proposed apportionment district, a brief description of the public
improvement, the estimated cost thereof, the anticipated
increase in property values within the apportionment district,
the location of the sponsor’s principal business office where
it will maintain information concerning the public improvement for public inspection, and the date and place of hearing;
and
(b) Post notice in at least six public places located in the
proposed apportionment district and publish notice in a legal
newspaper of general circulation within the sponsor’s jurisdiction briefly describing the public improvement, the proposed apportionment, the boundaries of the proposed apportionment district, the location where additional information
concerning the public improvement may be inspected, and
the date and place of hearing;
(3) At the time and place fixed for the hearing under subsection (1) of this section, and at such times to which the
hearing may be adjourned, receive and consider all statements and materials as may be submitted, and objections and
letters filed before or within ten days thereafter;
(4) Within one hundred twenty days after completion of
the public hearings, pass an ordinance establishing the apportionment district and authorizing the proposed public
improvement, including any modifications which in the
sponsor’s opinion the hearings indicated should be made,
which includes the boundaries of the apportionment district,
a description of the public improvement, the estimated cost
thereof, the portion of the estimated cost thereof to be reimbursed from tax allocation revenues, the estimated time during which regular property taxes are to be apportioned, the
date upon which apportionment of the regular property taxes
will commence, and a finding that the public improvement
meets the conditions of RCW 39.88.030. [1982 1st ex.s. c 42
§ 5.]
39.88.050 Notice of public improvement. Within fifteen days after enactment of the public improvement ordinance, the sponsor shall publish notice in a legal newspaper
circulated within the designated apportionment district summarizing the final public improvement, including a brief
description of the public improvement, the boundaries of the
apportionment district, and the location where the public
improvement ordinance and any other information concerning the public improvement may be inspected.
Within fifteen days after enactment of the public
improvement ordinance, the sponsor shall deliver a certified
copy thereof to each taxing district, the county treasurer, and
the county assessor. [1982 1st ex.s. c 42 § 6.]
39.88.050
39.88.060 Disagreements between taxing districts.
(1) Any taxing district that objects to the apportionment district, the duration of the apportionment, the manner of apportionment, or the propriety of cost items established by the
public improvement ordinance of the sponsor may, within
thirty days after mailing of the ordinance, petition for review
thereof by the state board of tax appeals. The state board of
39.88.060
(2010 Ed.)
39.88.070
tax appeals shall meet within a reasonable time, hear all the
evidence presented by the parties on matters in dispute, and
determine the issues upon the evidence as may be presented
to it at the hearing. The board may approve or deny the public
improvement ordinance as enacted or may grant approval
conditioned upon modification of the ordinance by the sponsor. The decision by the state board of tax appeals shall be
final and conclusive but shall not preclude modification or
discontinuation of the public improvement.
(2) If the sponsor modifies the public improvement ordinance as directed by the board, the public improvement ordinance shall be effective without further hearings or findings
and shall not be subject to any further appeal. If the sponsor
modifies the public improvement ordinance in a manner
other than as directed by the board, the public improvement
ordinance shall be subject to the procedures established pursuant to RCW 39.88.040 and 39.88.050. [1989 c 378 § 1;
1982 1st ex.s. c 42 § 7.]
39.88.070
39.88.070 Apportionment of taxes. (1) Upon the date
established in the public improvement ordinance, but not
sooner than the first day of the calendar year following the
passage of the ordinance, the regular property taxes levied
upon the assessed value of real property within the apportionment district shall be divided as follows:
(a) That portion of the regular property taxes produced
by the rate of tax levied each year by or for each of the taxing
districts upon the tax allocation base value of real property, or
upon the assessed value of real property in each year, whichever is smaller, shall be allocated to and paid to the respective
taxing districts; and
(b) That portion of the regular property taxes levied each
year by or for each of the taxing districts upon the assessed
value of real property within an apportionment district which
is in excess of the tax allocation base value of real property
shall be allocated and paid to the sponsor, or the sponsor’s
designated agent, until all public improvement costs to be
paid from the tax allocation revenues have been paid, except
that the sponsor may agree to receive less than the full
amount of such portion as long as bond debt service, reserve,
and other bond covenant requirements are satisfied, in which
case the balance of the taxes shall be allocated to the respective taxing districts as the sponsor and the taxing districts
may agree.
(2) The county assessor shall revalue the real property
within the apportionment district for the purpose of determining the tax allocation base value for the apportionment district and shall certify to the sponsor the tax allocation base
value as soon as practicable after the assessor receives notice
of the public improvement ordinance and shall certify to the
sponsor the total assessed value of real property within thirty
days after the property values for each succeeding year have
been established, except that the assessed value of stateassessed real property within the apportionment district shall
be certified as soon as the values are provided to the assessor
by the department of revenue. Nothing in this section authorizes revaluations of real property by the assessor for property
taxation that are not made in accordance with the assessor’s
revaluation plan under chapter 84.41 RCW.
[Title 39 RCW—page 109]
39.88.080
Title 39 RCW: Public Contracts and Indebtedness
(3) The date upon which the apportionment district was
established shall be considered the date upon which the public improvement ordinance was enacted by the sponsor.
(4) The apportionment of regular property taxes under
this section shall cease when tax allocation revenues are no
longer necessary or obligated to pay public improvement
costs or to pay principal of and interest on bonds issued to
finance public improvement costs and payable in whole or in
part from tax allocation revenues. At the time of termination
of the apportionment, any excess money and any earnings
thereon held by the sponsor shall be returned to the county
treasurer and distributed to the taxing districts which were
subject to the allocation in proportion to their regular property tax levies due for the year in which the funds are
returned. [1982 1st ex.s. c 42 § 8.]
39.88.080 Application of tax allocation revenues. Tax
allocation revenues may be applied as follows:
(1) To pay public improvement costs;
(2) To pay principal of and interest on, and to fund any
necessary reserves for, tax allocation bonds;
(3) To pay into bond funds established to pay the principal of and interest on general obligation bonds issued pursuant to law to finance public facilities that are specified in the
public improvement ordinance and constructed following the
establishment of and within the apportionment district; or
(4) To pay any combination of the foregoing. [1982 1st
ex.s. c 42 § 9.]
39.88.080
39.88.090 General obligation bonds. General obligation bonds which are issued to finance public facilities that
are specified in the public improvement ordinance, and for
which part or all of the principal or interest is paid by tax allocation revenues, shall be subject to the following requirements:
(1) The intent to issue such bonds and the maximum
amount which the sponsor contemplates issuing are specified
in the public improvement ordinance; and
(2) A statement of the intent of the sponsor to issue such
bonds is included in all notices required by RCW 39.88.040
and 39.88.050.
In addition, the ordinance or resolution authorizing the
issuance of such general obligation bonds shall be subject to
potential referendum approval by the voters of the issuing
entity when the bonds are part of the non-voter approved
indebtedness limitation established pursuant to RCW
39.36.020. If the voters of the county or city issuing such
bonds otherwise possess the general power of referendum on
county or city matters, the ordinance or resolution shall be
subject to that procedure. If the voters of the county or city
issuing such bonds do not otherwise possess the general
power of referendum on county or city matters, the referendum shall conform to the requirements and procedures for
referendum petitions provided for code cities in RCW
35A.11.100. [1982 1st ex.s. c 42 § 10.]
39.88.090
39.88.100 Tax allocation bonds. (1) A sponsor may
issue such tax allocation bonds as it may deem appropriate
for the financing of public improvement costs and a reason39.88.100
[Title 39 RCW—page 110]
able bond reserve and for the refunding of any outstanding
tax allocation bonds.
(2) The principal and interest of tax allocation bonds
may be made payable from:
(a) Tax allocation revenues;
(b) Project revenues which may include (i) nontax
income, revenues, fees, and rents from the public improvement financed with the proceeds of the bonds, or portions
thereof, and (ii) contributions, grants, and nontax money
available to the sponsor for payment of costs of the public
improvement or the debt service of the bonds issued therefor;
(c) Any combination of the foregoing.
(3) Tax allocation bonds shall not be the general obligation of or guaranteed by all or any part of the full faith and
credit of the sponsor or any other state or local government,
or any tax revenues other than tax allocation revenues, and
shall not be considered a debt of the sponsor or other state or
local government for general indebtedness limitation purposes.
(4) The terms and conditions of tax allocation bonds may
include provisions for the following matters, among others:
(a) The date of issuance, maturity date or dates, denominations, form, series, negotiability, registration, rank or priority, place of payment, interest rate or rates which may be
fixed or may vary over the life of the tax allocation bonds,
bond reserve, coverage, and such other terms related to
repayment of the tax allocation bonds;
(b) The application of tax allocation bond proceeds; the
use, sale, or disposition of property acquired; consideration
or rents and fees to be charged in the sale or lease of property
acquired; consideration or rents and fees to be charged in the
sale or lease of property within a public improvement; the
application of rents, fees, and revenues within a public
improvement; the maintenance, insurance, and replacement
of property within a public improvement; other encumbrances, if any, upon all or part of property within a public
improvement, then existing or thereafter acquired; and the
type of debts that may be incurred;
(c) The creation of special funds; the money to be so
applied; and the use and disposition of the money;
(d) The securing of the tax allocation bonds by a pledge
of property and property rights, by assignment of income
generated by the public improvement, or by pledging such
additional specifically described resources other than tax revenues as are available to the sponsor;
(e) The terms and conditions for redemption;
(f) The replacement of lost and destroyed bond instruments;
(g) Procedures for amendment of the terms and conditions of the tax allocation bonds;
(h) The powers of a trustee to enforce covenants and take
other actions in event of default; the rights, liabilities, powers, and duties arising upon the breach of any covenant, condition, or obligation; and
(i) When consistent with the terms of this chapter, such
other terms, conditions, and provisions which may make the
tax allocation bonds more marketable and further the purposes of this chapter.
(5) Tax allocation bonds may be issued and sold in such
manner as the legislative authority of the sponsor shall determine.
(2010 Ed.)
Community Revitalization Financing
(6) The sponsor may also issue or incur obligations in
anticipation of the receipt of tax allocation bond proceeds or
other money available to pay public improvement costs.
[1982 1st ex.s. c 42 § 11.]
39.88.110 Legal investments. Tax allocation bonds
authorized in this chapter shall be legal investments for any
of the funds of the state and of municipal corporations, for
trustees, and for other fiduciaries. [1982 1st ex.s. c 42 § 13.]
39.88.110
39.88.120 Notice to state. Whenever notice is required
to be given to the state, notice shall be given to the director of
revenue. [1982 1st ex.s. c 42 § 14.]
39.88.120
39.88.130 Conclusive presumption of validity. No
direct or collateral attack on any public improvement, public
improvement ordinance, or apportionment district purported
to be authorized or created in conformance with applicable
legal requirements, including the requirements of this chapter, may be commenced more than thirty days after publication of notice as required by RCW 39.88.050. [1982 1st ex.s.
c 42 § 15.]
39.88.130
39.88.900 Supplemental nature of chapter. This
chapter supplements and neither restricts nor limits any powers which the state or any municipal corporation might otherwise have under any laws of this state. [1982 1st ex.s. c 42 §
16.]
39.88.900
39.88.905 Short title. This chapter may be known and
cited as the Community Redevelopment Financing Act of
1982. [1982 1st ex.s. c 42 § 1.]
39.88.905
39.88.910 Captions not part of law—1982 1st ex.s. c
42. As used in this act, captions constitute no part of the law.
[1982 1st ex.s. c 42 § 17.]
39.88.910
39.88.915 Severability—1982 1st ex.s. c 42. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1982 1st ex.s. c 42 § 18.]
39.88.915
Chapter 39.89 RCW
COMMUNITY REVITALIZATION FINANCING
Chapter 39.89
Sections
39.89.010
39.89.020
39.89.030
39.89.040
39.89.050
39.89.060
39.89.070
39.89.080
39.89.090
39.89.100
39.89.900
39.89.902
Declaration—Purpose.
Definitions.
Authority—Conditions.
Coordination with other programs—Improvements by private
developer must meet applicable state and local laws.
Procedure for creating increment area.
Public notice—Notice to officials.
Apportionment of taxes.
General indebtedness—Security.
Conclusive presumption of validity.
Revenue bonds.
Supplemental nature of chapter.
Severability—2001 c 212.
39.89.010 Declaration—Purpose. (1) It is declared to
be the public policy of the state of Washington to promote
39.89.010
(2010 Ed.)
39.89.020
and facilitate the orderly development and economic stability
of its communities. Local governments need the ability to
raise revenue to finance public improvements that are
designed to encourage economic growth and development in
geographic areas characterized by high levels of unemployment and stagnate employment and income growth. The construction of necessary public improvements in accordance
with local economic development plans will encourage
investment in job-producing private development and expand
the public tax base.
(2) It is the purpose of this chapter:
(a) To encourage taxing districts to cooperate in the allocation of future tax revenues that are used to finance public
improvements designed to encourage private development in
selected areas, in particular in those local governments that
are located adjacent to another state or international border;
(b) To assist those local governments that have a competitive disadvantage in its ability to attract business, private
investment, or commercial development due to its location
near a state or international border; and
(c) To prevent or arrest the decay of selected areas due to
the inability of existing financial methods to provide needed
public improvements, and to encourage private investment
designed to promote and facilitate the orderly redevelopment
of selected areas. [2001 c 212 § 1.]
39.89.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Assessed value of real property" means the valuation of real property as placed on the last completed assessment roll.
(2) "Local government" means any city, town, county,
port district, or any combination thereof.
(3) "Ordinance" means any appropriate method of taking
legislative action by a local government.
(4) "Public improvements" means:
(a) Infrastructure improvements within the increment
area that include:
(i) Street and road construction and maintenance;
(ii) Water and sewer system construction and improvements;
(iii) Sidewalks and streetlights;
(iv) Parking, terminal, and dock facilities;
(v) Park and ride facilities of a transit authority;
(vi) Park facilities and recreational areas; and
(vii) Storm water and drainage management systems;
and
(b) Expenditures for any of the following purposes:
(i) Providing environmental analysis, professional management, planning, and promotion within the increment area,
including the management and promotion of retail trade
activities in the increment area;
(ii) Providing maintenance and security for common or
public areas in the increment area; or
(iii) Historic preservation activities authorized under
RCW 35.21.395.
(5) "Public improvement costs" means the costs of: (a)
Design, planning, acquisition, site preparation, construction,
reconstruction, rehabilitation, improvement, and installation
of public improvements; (b) relocating, maintaining, and
39.89.020
[Title 39 RCW—page 111]
39.89.030
Title 39 RCW: Public Contracts and Indebtedness
operating property pending construction of public improvements; (c) relocating utilities as a result of public improvements; (d) financing public improvements, including interest
during construction, legal and other professional services,
taxes, insurance, principal and interest costs on general
indebtedness issued to finance public improvements, and any
necessary reserves for general indebtedness; (e) assessments
incurred in revaluing real property for the purpose of determining the tax allocation base value that are in excess of costs
incurred by the assessor in accordance with the revaluation
plan under chapter 84.41 RCW, and the costs of apportioning
the taxes and complying with this chapter and other applicable law; and (f) administrative expenses and feasibility studies reasonably necessary and related to these costs, including
related costs that may have been incurred before adoption of
the ordinance authorizing the public improvements and the
use of community revitalization financing to fund the costs of
the public improvements.
(6) "Regular property taxes" means regular property
taxes as defined in RCW 84.04.140, except: (a) Regular
property taxes levied by port districts or public utility districts specifically for the purpose of making required payments of principal and interest on general indebtedness; and
(b) regular property taxes levied by the state for the support
of the common schools under RCW 84.52.065. Regular property taxes do not include excess property tax levies that are
exempt from the aggregate limits for junior and senior taxing
districts as provided in RCW 84.52.043.
(7) "Tax allocation base value" means the true and fair
value of real property located within an increment area for
taxes imposed in the year in which the increment area is created, plus twenty-five percent of any increase in the true and
fair value of real property located within an increment area
that is placed on the assessment rolls after the increment area
is created.
(8) "Tax allocation revenues" means those tax revenues
derived from the imposition of regular property taxes on the
increment value and distributed to finance public improvements.
(9) "Increment area" means the geographic area from
which taxes are to be appropriated to finance public improvements authorized under this chapter.
(10) "Increment value" means seventy-five percent of
any increase in the true and fair value of real property in an
increment area that is placed on the tax rolls after the increment area is created.
(11) "Taxing districts" means a governmental entity that
levies or has levied for it regular property taxes upon real
property located within a proposed or approved increment
area.
(12) "Value of taxable property" means the value of the
taxable property as defined in RCW 39.36.015. [2001 c 212
§ 2.]
39.89.030 Authority—Conditions. A local government may finance public improvements using community
revitalization financing subject to the following conditions:
(1) The local government adopts an ordinance designating an increment area within its boundaries and specifying
the public improvements proposed to be financed in whole or
in part with the use of community revitalization financing;
39.89.030
[Title 39 RCW—page 112]
(2) The public improvements proposed to be financed in
whole or in part using community revitalization financing are
expected to encourage private development within the increment area and to increase the fair market value of real property within the increment area;
(3) Private development that is anticipated to occur
within the increment area, as a result of the public improvements, will be consistent with the countywide planning policy adopted by the county under RCW 36.70A.210 and the
local government’s comprehensive plan and development
regulations adopted under chapter 36.70A RCW;
(4) Taxing districts, in the aggregate, that levy at least
seventy-five percent of the regular property tax within which
the increment area is located approves the community revitalization financing of the project under RCW 39.89.050(1);
and
(5) In an increment area that includes any portion of a
fire protection district as defined in Title 52 RCW, the fire
protection district must agree to participate in the community
revitalization financing of the project under chapter 212,
Laws of 2001, for the project to proceed. Approval by the fire
protection district shall be considered as part of the required
participation by taxing districts under subsection (4) of this
section. [2002 c 12 § 1; 2001 c 212 § 3.]
39.89.040 Coordination with other programs—
Improvements by private developer must meet applicable
state and local laws. (1) Public improvements that are
financed with community revitalization financing may be
undertaken and coordinated with other programs or efforts
undertaken by the local government and other taxing districts
and may be funded in part from revenue sources other than
community revitalization financing.
(2) Public improvements that are constructed by a private developer must meet all applicable state and local laws.
[2002 c 12 § 2; 2001 c 212 § 4.]
39.89.040
39.89.050 Procedure for creating increment area.
Before adopting an ordinance creating the increment area, a
local government must:
(1) Obtain written agreement for the use of community
revitalization financing to finance all or a portion of the costs
of the designated public improvements from taxing districts
that, in the aggregate, levy at least seventy-five percent of the
regular property tax on property within the increment area. A
signed, written agreement from taxing districts that in the
aggregate levy at least seventy-five percent of the regular
property tax within the increment area, constitutes concurrence by all taxing districts in the increment area in the public
improvement and participation in the public improvement to
the extent of providing limited funding under community
revitalization financing authorized under this chapter. The
agreement must be authorized by the governing body of taxing districts that in the aggregate levy at least seventy-five
percent of the regular property tax on property within the
increment area;
(2) Hold a public hearing on the proposed financing of
the public improvement in whole or in part with community
revitalization financing. Notice of the public hearing must be
published in a legal newspaper of general circulation within
39.89.050
(2010 Ed.)
Community Revitalization Financing
the proposed increment area at least ten days before the public hearing and posted in at least six conspicuous public
places located in the proposed increment area. Notices must
describe the contemplated public improvements, estimate the
costs of the public improvements, describe the portion of the
costs of the public improvements to be borne by community
revitalization financing, describe any other sources of revenue to finance the public improvements, describe the boundaries of the proposed increment area, and estimate the period
during which community revitalization financing is contemplated to be used. The public hearing may be held by either
the governing body of the local government, or a committee
of the governing body that includes at least a majority of the
whole governing body; and
(3) Adopt an ordinance establishing the increment area
that describes the public improvements, describes the boundaries of the increment area, estimates the cost of the public
improvements and the portion of these costs to be financed by
community revitalization financing, estimates the time during which regular property taxes are to be apportioned, provides the date when the apportionment of the regular property
taxes will commence, and finds that the conditions of RCW
39.89.030 are met. [2001 c 212 § 5.]
39.89.060 Public notice—Notice to officials. The local
government shall:
(1) Publish notice in a legal newspaper of general circulation within the increment area that describes the public
improvement, describes the boundaries of the increment area,
and identifies the location and times where the ordinance and
other public information concerning the public improvement
may be inspected; and
(2) Deliver a certified copy of the ordinance to the
county treasurer, the county assessor, and the governing body
of each taxing district within which the increment area is
located. [2001 c 212 § 6.]
39.89.060
39.89.070 Apportionment of taxes. (1) Commencing
in the calendar year following the passage of the ordinance,
the county treasurer shall distribute receipts from regular
taxes imposed on real property located in the increment area
as follows:
(a) Each taxing district shall receive that portion of its
regular property taxes produced by the rate of tax levied by or
for the taxing district on the tax allocation base value for that
community revitalization financing project in the taxing district, or upon the total assessed value of real property in the
taxing district, whichever is smaller; and
(b) The local government that created the increment area
shall receive an additional portion of the regular property
taxes levied by or for each taxing district upon the increment
value within the increment area. However, the local government that created the increment area may agree to receive less
than the full amount of this portion as long as bond debt service, reserve, and other bond covenant requirements are satisfied, in which case the balance of these tax receipts shall be
allocated to the taxing districts that imposed regular property
taxes, or have regular property taxes imposed for them, in the
increment area for collection that year in proportion to their
regular tax levy rates for collection that year. The local gov39.89.070
(2010 Ed.)
39.89.080
ernment may request that the treasurer transfer this additional
portion of the property taxes to its designated agent. The portion of the tax receipts distributed to the local government or
its agent under this subsection (1)(b) may only be expended
to finance public improvement costs associated with the public improvements financed in whole or in part by community
revitalization financing.
(2) The county assessor shall allocate twenty-five percent of any increased real property value occurring in the
increment area to the tax allocation base value and seventyfive percent to the increment value. This section does not
authorize revaluations of real property by the assessor for
property taxation that are not made in accordance with the
assessor’s revaluation plan under chapter 84.41 RCW or
under other authorized revaluation procedures.
(3) The apportionment of increases in assessed valuation
in an increment area, and the associated distribution to the
local government of receipts from regular property taxes that
are imposed on the increment value, must cease when tax
allocation revenues are no longer necessary or obligated to
pay the costs of the public improvements. Any excess tax
allocation revenues and earnings on the tax allocation revenues remaining at the time the apportionment of tax receipts
terminates must be returned to the county treasurer and distributed to the taxing districts that imposed regular property
taxes, or had regular property taxes imposed for it, in the
increment area for collection that year, in proportion to the
rates of their regular property tax levies for collection that
year. [2001 c 212 § 7.]
39.89.080
39.89.080 General indebtedness—Security. (1) A
local government designating an increment area and authorizing the use of community revitalization financing may
incur general indebtedness, and issue general obligation
bonds, to finance the public improvements and retire the
indebtedness in whole or in part from tax allocation revenues
it receives, subject to the following requirements:
(a) The ordinance adopted by the local government creating the increment area and authorizing the use of community revitalization financing indicates an intent to incur this
indebtedness and the maximum amount of this indebtedness
that is contemplated; and
(b) The local government includes this statement of the
intent in all notices required by RCW 39.89.050.
(2) The general indebtedness incurred under subsection
(1) of this section may be payable from other tax revenues,
the full faith and credit of the local government, and nontax
income, revenues, fees, and rents from the public improvements, as well as contributions, grants, and nontax money
available to the local government for payment of costs of the
public improvements or associated debt service on the general indebtedness.
(3) In addition to the requirements in subsection (1) of
this section, a local government designating an increment
area and authorizing the use of community revitalization
financing may require the nonpublic participant to provide
adequate security to protect the public investment in the public improvement within the increment area. [2001 c 212 § 8.]
[Title 39 RCW—page 113]
39.89.090
Title 39 RCW: Public Contracts and Indebtedness
39.89.090
39.89.090 Conclusive presumption of validity. A
direct or collateral attack on a public improvement, public
improvement ordinance, or increment area purported to be
authorized or created in conformance with applicable legal
requirements, including this chapter, may not be commenced
more than thirty days after publication of notice as required
by RCW 39.89.060. [2001 c 212 § 9.]
39.89.100
39.89.100 Revenue bonds. (1) A local government
may issue revenue bonds to fund revenue-generating public
improvements, or portions of public improvements, that are
located within an increment area and that it is authorized to
provide or operate. Whenever revenue bonds are to be issued,
the legislative authority of the local government shall create
or have created a special fund or funds from which, along
with any reserves created pursuant to RCW 39.44.140, the
principal and interest on these revenue bonds shall exclusively be payable. The legislative authority of the local government may obligate the local government to set aside and
pay into the special fund or funds a fixed proportion or a fixed
amount of the revenues from the public improvements that
are funded by the revenue bonds. This amount or proportion
is a lien and charge against these revenues, subject only to
operating and maintenance expenses. The local government
shall have due regard for the cost of operation and maintenance of the public improvements that are funded by the revenue bonds, and shall not set aside into the special fund or
funds a greater amount or proportion of the revenues that in
its judgment will be available over and above the cost of
maintenance and operation and the amount or proportion, if
any, of the revenue previously pledged. The local government may also provide that revenue bonds payable out of the
same source or sources of revenue may later be issued on a
parity with any revenue bonds being issued and sold.
(2) Revenue bonds issued pursuant to this section are not
an indebtedness of the local government issuing the bonds,
and the interest and principal on the bonds shall only be payable from the revenues lawfully pledged to meet the principal
and interest requirements and any reserves created pursuant
to RCW 39.44.140. The owner or bearer of a revenue bond or
any interest coupon issued pursuant to this section shall not
have any claim against the local government arising from the
bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements
and any reserves created pursuant to RCW 39.44.140. The
substance of the limitations included in this subsection shall
be plainly printed, written, or engraved on each bond issued
pursuant to this section.
(3) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The legislative authority of the local
government shall by resolution determine for each revenue
bond issue the amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates,
maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, and covenants including the refunding of existing revenue bonds. Facsimile signatures may be used on the
bonds and any coupons. Refunding revenue bonds may be
issued in the same manner as revenue bonds are issued.
[2002 c 12 § 3.]
[Title 39 RCW—page 114]
39.89.900 Supplemental nature of chapter. This
chapter supplements and neither restricts nor limits any powers which the state or any local government might otherwise
have under any laws of this state. [2001 c 212 § 10.]
39.89.900
39.89.902 Severability—2001 c 212. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2001 c 212 § 31.]
39.89.902
Chapter 39.90
Chapter 39.90 RCW
VALIDATION OF BONDS AND
FINANCING PROCEEDINGS
Sections
39.90.010
39.90.020
39.90.030
39.90.050
39.90.060
Definition.
Validation of bonds, proceedings for issuance, sales, etc.
Validation of proceedings to finance or aid in financing.
Revenue bonds—Sale or issuance with greater interest rate
than that specified authorized.
Validation of debts, contracts and obligations regardless of
interest rates.
Cities and towns
sewerage system bonds validated: RCW 35.67.194.
validating indebtedness: Chapter 35.40 RCW.
City and county armory sites: Chapter 36.64 RCW.
Counties: Chapter 36.67 RCW.
County road bonds: RCW 36.76.080.
Funding bonds, validation: RCW 39.52.015.
Irrigation district bonds, validating: See note following RCW 87.19.005.
Metropolitan park districts, validating bonds: See note following RCW
35.61.010.
Municipal utilities, validating bond proceedings: See notes following RCW
35.92.010.
School districts
validating bonds proceedings: RCW 28A.530.010, 28A.530.020, and note
following RCW 39.36.020.
validating indebtedness: Chapter 28A.535 RCW.
Second-class cities, validating bonds and proceedings: See note following
RCW 35.23.545.
39.90.010 Definition. As used in this chapter, the term
"public body" means any city, town, district or other governmental agency created by or under the laws of this state.
[1947 c 242 § 1; Rem. Supp. 1947 § 5616-20.]
39.90.010
39.90.020 Validation of bonds, proceedings for issuance, sales, etc. All bonds heretofore issued for the purpose
of financing or aiding in the financing of any work, undertaking, or project by any public body, including all proceedings
for the authorization and issuance of such bonds, and the sale,
execution, and delivery thereof, are hereby validated, ratified,
approved, and confirmed, notwithstanding any lack of power
(other than constitutional) of such public body, or the governing body or commission or officers thereof, to authorize and
issue such bonds, or to sell, execute, or deliver the same, and
notwithstanding any defects or irregularities (other than constitutional), including the failure to publish notices of elections, in such proceedings, or in such sale, execution or delivery, and notwithstanding that such governing body or commission or officers may not have been elected, appointed or
qualified for the offices they purported to hold; and such
39.90.020
(2010 Ed.)
Local Transportation Act
bonds are and shall be binding, legal, valid, and enforceable
obligations of such public body. [1947 c 242 § 2; Rem. Supp.
1947 § 5616-21.]
39.90.030 Validation of proceedings to finance or aid
in financing. All proceedings which have been taken prior to
March 19, 1947, for the purpose of financing or aiding in the
financing of any work, undertaking, or project by any public
body, including all proceedings for the authorization and
issuance of bonds and for the sale, execution, and delivery
thereof, are hereby validated, ratified, approved, and confirmed, notwithstanding any lack of power (other than constitutional) of such public body, or the governing body or commission or officers thereof, to authorize and issue such bonds,
or to sell, execute, or deliver the same, and notwithstanding
any defects or irregularities (other than constitutional) in such
proceedings. [1947 c 242 § 3; Rem. Supp. 1947 § 5616-22.]
39.90.030
39.90.050 Revenue bonds—Sale or issuance with
greater interest rate than that specified authorized. All
revenue bonds, the issuance of which was authorized or ratified at a general or special election held within the issuing
jurisdiction prior to July 1, 1970 or the proposition for the
issuance of which will be submitted at such an election pursuant to action of the legislative authority of the issuer taken
prior to July 1, 1970, may be sold and issued with an interest
rate or rates greater than any interest rate restriction contained
in the ballot proposition or ordinance or resolution relating to
such authorization or ratification. [1970 ex.s. c 66 § 6.]
39.90.050
39.90.060 Validation of debts, contracts and obligations regardless of interest rates. All debts, contracts and
obligations heretofore made or incurred by or in favor of the
state, state agencies, The Evergreen State College, community colleges, and regional and state universities, and the
political subdivisions, municipal corporations and quasi
municipal corporations of this state, are hereby declared to be
legal and valid and of full force and effect from the date
thereof, regardless of the interest rate borne by any such
debts, contracts and obligations. [1977 ex.s. c 169 § 93; 1970
ex.s. c 66 § 7.]
39.90.060
Additional notes found at www.leg.wa.gov
Chapter 39.92
Chapter 39.92 RCW
LOCAL TRANSPORTATION ACT
Sections
39.92.010
39.92.020
39.92.030
39.92.040
39.92.050
39.92.900
39.92.901
Purpose.
Definitions.
Local programs authorized.
Transportation impact fee.
Interlocal cooperation—Consistency and assistance.
Severability—Prospective application—1988 c 179.
Section captions—1988 c 179.
39.92.010 Purpose. The legislature finds that there is
an increasing need for local and regional transportation
improvements as the result of both existing demands and the
foreseeable future demands from economic growth and
development within the state, including residential, commercial, and industrial development.
39.92.010
(2010 Ed.)
39.92.020
The legislature intends with this chapter to enable local
governments to develop and adopt programs for the purpose
of jointly funding, from public and private sources, transportation improvements necessitated in whole or in part by economic development and growth within their respective jurisdictions. The programs should provide a fair and predictable
method for allocating the cost of necessary transportation
improvements between the public and private sectors. The
programs should include consideration of public transportation as a method of reducing off-site transportation impacts
from development. The legislature finds that the private
funds authorized to be collected pursuant to this chapter are
for the purpose of mitigating the impacts of development and
are not taxes. The state shall encourage and give priority to
the state funding of local and regional transportation
improvements that are funded in part by local, public, and
private funds.
The authority provided by this chapter, RCW 35.43.182
through 35.43.188, and 36.88.072 through 36.88.078 for
local governments to create and implement local transportation programs is intended to be supplemental, except as
expressly provided in RCW 39.92.030(9), 82.02.020, and
36.73.120, to the existing authorities and responsibilities of
local governments to regulate development and provide public facilities. [1988 c 179 § 1.]
39.92.020
39.92.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Developer" means an individual, group of individuals, partnership, corporation, association, municipal corporation, state agency, or other person undertaking development
and their successors and assigns.
(2) "Development" means the subdivision or short platting of land or the construction or reconstruction of residential, commercial, industrial, public, or any other building,
building space, or land.
(3) "Direct result of the proposed development" means
those quantifiable transportation impacts that are caused by
vehicles or pedestrians whose trip origin or destination is the
proposed development.
(4) "Local government" means all counties, cities, and
towns in the state of Washington and transportation benefit
districts created pursuant to chapter 36.73 RCW.
(5) "Off-site transportation improvements" means those
transportation capital improvements designated in the local
plan adopted under this chapter that are authorized to be
undertaken by local government and that serve the transportation needs of more than one development.
(6) "Transportation impact fee" means a monetary
charge imposed on new development for the purpose of mitigating off-site transportation impacts that are a direct result
of the proposed development.
(7) "Fair market value" means the price in terms of
money that a property will bring in a competitive and open
market under all conditions of a fair sale, the buyer and seller
each prudently knowledgeable, and assuming the price is not
affected by undue stimulus, measured at the time of the dedication to local government of land or improved transportation
facilities. [1988 c 179 § 2.]
[Title 39 RCW—page 115]
39.92.030
39.92.030
Title 39 RCW: Public Contracts and Indebtedness
39.92.030 Local programs authorized. Local governments may develop and adopt programs for the purpose of
jointly funding, from public and private sources, transportation improvements necessitated in whole or in part by economic development and growth within their respective jurisdictions. Local governments shall adopt the programs by
ordinance after notice and public hearing. Each program shall
contain the elements described in this section.
(1) The program shall identify the geographic boundaries of the entire area or areas generally benefited by the proposed off-site transportation improvements and within which
transportation impact fees will be imposed under this chapter.
(2) The program shall be based on an adopted comprehensive, long-term transportation plan identifying the proposed off-site transportation improvements reasonable and
necessary to meet the future growth needs of the designated
plan area and intended to be covered by this joint funding
program, including acquisition of right-of-way, construction
and reconstruction of all major and minor arterials and intersection improvements, and identifying design standards, levels of service, capacities, and costs applicable to the program.
The program shall also indicate how the transportation plan is
coordinated with applicable transportation plans for the
region and for adjacent jurisdictions. The program shall also
indicate how public transportation and ride-sharing improvements and services will be used to reduce off-site transportation impacts from development.
(3) The program shall include at least a six-year capital
funding program, updated annually, identifying the specific
public sources and amounts of revenue necessary to pay for
that portion of the cost of all off-site transportation improvements contained in the transportation plan that will not foreseeably be funded by transportation impact fees. The program shall include a proposed schedule for construction and
expenditures of funds. The funding plan shall consider the
additional local tax revenue estimated to be generated by new
development within the plan area if all or a portion of the
additional revenue is proposed to be earmarked as future
appropriations for such off-site transportation improvements.
(4) The program shall authorize transportation impact
fees to be imposed on new development within the plan area
for the purpose of providing a portion of the funding for reasonable and necessary off-site transportation improvements
to solve the cumulative impacts of planned growth and development in the plan area. Off-site transportation impacts shall
be measured as a pro rata share of the capacity of the off-site
transportation improvements being funded under the program. The fees shall not exceed the amount that the local government can demonstrate is reasonably necessary as a direct
result of the proposed development.
(5) The program shall provide that the funds collected as
a result of a particular new development shall be used in substantial part to pay for improvements mitigating the impacts
of the development or be refunded to the property owners of
record. Fees paid toward more than one transportation
improvement may be pooled and expended on any one of the
improvements mitigating the impact of the development. The
funds shall be expended in all cases within six years of collection by the local government or the unexpended funds
shall be refunded.
[Title 39 RCW—page 116]
(6) The program shall also describe the formula, timing,
security, credits, and other terms and conditions affecting the
amount and method of payment of the transportation impact
fees as further provided for in RCW 39.92.040. In calculating
the amount of the fee, local government shall consider and
give credit for the developer’s participation in public transportation and ride-sharing improvements and services.
(7) The administrative element of the program shall
include: An opportunity for administrative appeal by the
developer and hearing before an independent examiner of the
amount of the transportation impact fee imposed; establishment of a designated account for the public and private funds
appropriated or collected for the transportation improvements identified in the plan; methods to enforce collection of
the public and private funds identified in the program; designation of the administrative departments or other entities
responsible for administering the program, including determination of fee amounts, transportation planning, and construction; and provisions for future amendment of the program including the addition of other off-site transportation
improvements. The program shall not be amended in a manner to relieve local government of any contractual obligations
made to prior developers.
(8) The program shall provide that private transportation
impact fees shall not be collected for any off-site transportation improvement that is incapable of being reasonably carried out because of lack of public funds or other foreseeable
impediment.
(9) The program shall provide that no transportation
impact fee may be imposed on a development by local government pursuant to this program when mitigation of the
same off-site transportation impacts for the development is
being required by any government agency pursuant to any
other local, state, or federal law. [1988 c 179 § 3.]
39.92.040
39.92.040 Transportation impact fee. The program
shall describe the formula or method for calculating the
amount of the transportation impact fees to be imposed on
new development within the plan area. The program may
require developers to pay a transportation impact fee for offsite transportation improvements not yet constructed and for
those jointly-funded improvements constructed since the
commencement of the program.
The program shall define the event in the development
approval process that triggers a determination of the amount
of the transportation impact fees and the event that triggers
the obligation to make actual payment of the fees. However,
the payment obligation shall not commence before the date
the developer has obtained a building permit for the new
development or, in the case of residential subdivisions or
short plats, at the time of final plat approval, at the developer’s option. If the developer of a residential subdivision or
short plat elects to pay the fee at the date a building permit
has been obtained, the option to pay the transportation impact
fee by installments as authorized by this section is deemed to
have been waived by the developer. The developer shall be
given the option to pay the transportation impact fee in a
lump sum, without interest, or by installment with reasonable
interest over a period of five years or more as specified by the
local government.
(2010 Ed.)
Financing Contracts
39.94.020
39.94.030
Authority to enter into financing contracts—Terms—Intent—
Obligation of state revenues.
State finance committee—Duties—Legislative approval
required, when (as amended by 2010 1st sp.s. c 35).
State finance committee—Duties—Legislative approval
required, when (as amended by 2010 1st sp.s. c 36).
Financing program to be self-supporting—Payment of program expenses.
Application.
The local government shall require security for the obligation to pay the transportation impact fee, in the form of a
recorded agreement, deed of trust, letter of credit, or other
instrument determined satisfactory by the local government.
The developer shall also be given credit against its obligations for the transportation impact fee, for the fair market
value of off-site land and/or the cost of constructing off-site
transportation improvements dedicated to the local government. If the value of the dedication exceeds the amount of
transportation impact fee obligation, the developer is entitled
to reimbursement from transportation impact fees attributable to the dedicated improvements and paid by subsequent
developers within the plan area.
Payment of the transportation impact fee entitles the
developer and its successors and assigns to credit against any
other fee, local improvement district assessment, or other
monetary imposition made specifically for the designated
off-site transportation improvements intended to be covered
by the transportation impact fee imposed pursuant to this program. The program shall also define the criteria for establishing periodic fee increases attributable to construction and
related cost increases for the improvements designated in the
program. [1989 c 296 § 1; 1988 c 179 § 4.]
39.92.050 Interlocal cooperation—Consistency and
assistance. Local governments are authorized and encouraged to enter into interlocal agreements to jointly develop
and adopt with other local governments the transportation
programs authorized by this chapter for the purpose of
accomplishing regional transportation planning and development. Local governments shall also seek, to the greatest
degree practicable, consistency among jurisdictions in the
terms and conditions of their programs for the purpose of
increasing fairness and predictability on a regional basis.
Local governments shall seek comment, in the development
of their programs, from other affected local governments,
state agencies, and governments authorized to perform public
transportation functions. Local governments are also encouraged to enter into interlocal agreements to provide technical
assistance to each other, in return for reasonable reimbursement, for the purpose of developing and implementing such
transportation programs. [1988 c 179 § 5.]
39.92.050
39.92.900 Severability—Prospective application—
1988 c 179. If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. This act is intended to be prospective, not retroactive, in its application. [1988 c 179 § 17.]
39.92.900
39.92.901 Section captions—1988 c 179. Section captions used in this act do not constitute any part of the law.
[1988 c 179 § 18.]
39.92.901
Chapter 39.94
Chapter 39.94 RCW
FINANCING CONTRACTS
Sections
39.94.010
39.94.020
(2010 Ed.)
Purposes—Construction.
Definitions.
39.94.040
39.94.040
39.94.050
39.94.900
39.94.010 Purposes—Construction. The purposes of
this chapter are to confirm the authority of the state, its agencies, departments, and instrumentalities, the state board for
community and technical colleges, and the state institutions
of higher education to enter into contracts for the acquisition
of real and personal property which provide for payments
over a term of more than one year and to exclude such contracts from the computation of indebtedness under Article
VIII, section 1 of the state Constitution. It is further the purpose of this chapter to permit the state, its agencies, departments, and instrumentalities, the state board for community
and technical colleges, and the state institutions of higher
education to enter into financing contracts which make provision for the issuance of certificates of participation and other
financing structures. Financing contracts of the state,
whether or not entered into under this chapter, shall be subject to approval by the state finance committee except as provided in this chapter.
This chapter shall be liberally construed to effect its purposes. [2009 c 500 § 6; 1998 c 291 § 2; 1989 c 356 § 1.]
39.94.010
Effective date—2009 c 500: See note following RCW 39.42.070.
Additional notes found at www.leg.wa.gov
39.94.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Credit enhancement" includes insurance, letters of
credit, lines of credit, or other similar agreements which
enhance the security for the payment of the state’s or an other
agency’s obligations under financing contracts.
(2) "Financing contract" means any contract entered into
by the state for itself or on behalf of an other agency which
provides for the use and purchase of real or personal property
by the state and provides for payment by the state over a term
of more than one year, and which provides that title to the
subject property may secure performance of the state or transfer to the state or an other agency by the end of the term, upon
exercise of an option, for a nominal amount or for a price
determined without reference to fair market value. Financing
contracts include, but are not limited to, conditional sales
contracts, financing leases, lease purchase contracts, or refinancing contracts, but do not include operating or true leases.
For purposes of this chapter, the term "financing contract"
does not include any nonrecourse financing contract or other
obligation payable only from money or other property
received from private sources and not payable from any public money or property. The term "financing contract"
includes a "master financing contract."
(3) "Master financing contract" means a financing contract which provides for the use and purchase of property by
the state, and which may include more than one financing
contract and appropriation.
39.94.020
[Title 39 RCW—page 117]
39.94.030
Title 39 RCW: Public Contracts and Indebtedness
(4) "Other agency" means any commission established
under Title 15 RCW, a library or regional library, an educational service district, the superintendent of public instruction, the school directors’ association, a health district, a public facilities district, or any county, city, town, school district,
or other municipal corporation or quasi-municipal corporation.
(5) "State" means the state, agency, department, or
instrumentality of the state, the state board for community
and technical colleges, and any state institution of higher education.
(6) "State finance committee" means the state finance
committee under chapter 43.33 RCW.
(7) "Trustee" means a bank or trust company, within or
without the state, authorized by law to exercise trust powers.
[2010 1st sp.s. c 15 § 13; 2010 c 115 § 1; 1998 c 291 § 3; 1990
c 47 § 3; 1989 c 356 § 2.]
Findings—Intent—Construction—2010 1st sp.s. c 15: See notes following RCW 36.100.010.
Authority—2010 c 115: See note following RCW 39.94.030.
Additional notes found at www.leg.wa.gov
39.94.030 Authority to enter into financing contracts—Terms—Intent—Obligation of state revenues.
(1) The state may enter into financing contracts for itself or
on behalf of an other agency for the use and acquisition for
public purposes of real and personal property. Payments
under financing contracts of the state shall be made by the
state from currently appropriated funds or funds not constituting "general state revenues" as defined in Article VIII, section 1 of the state Constitution. Except as provided in subsection (4)(b) of this section, payments under financing contracts
of the state on behalf of any other agency shall be made solely
from the sources identified in the financing contract, which
may not obligate general state revenues as defined in Article
VII, section 1 of the state Constitution. The treasurer of an
other agency shall remit payments under financing contracts
to the office of the state treasurer or to the state treasurer’s
designee. In the event of any deficiency of payments by an
other agency under a financing contract, the treasurer of the
other agency shall transfer any legally available funds of the
other agency in satisfaction of the other agency’s obligations
under the financing contract if such funds have been obligated by the other agency under the financing contract and, if
such deficiency is not thereby cured, the office of the state
treasurer is directed to withdraw from that agency’s share of
state revenues for distribution or other money an amount sufficient to fulfill the terms and conditions of the financing contract. The term of any financing contract shall not exceed
thirty years or the remaining useful life of the property,
whichever is shorter. Financing contracts may include other
terms and conditions agreed upon by the parties.
(2) The state for itself or on behalf of an other agency
may enter into contracts for credit enhancement, which limits
the recourse of the provider of credit enhancement solely to
the security provided under the financing contract secured by
the credit enhancement.
(3) The state or an other agency may grant a security
interest in real or personal property acquired under financing
contracts. The security interest may be perfected as provided
by the uniform commercial code - secured transactions, or
39.94.030
[Title 39 RCW—page 118]
otherwise as provided by law for perfecting liens on real
estate. Other terms and conditions may be included as agreed
upon by the parties. An other agency that is authorized by
applicable law to enter into a financing contract may make
payments due under such a contract from the proceeds of
annual tax levies approved by the voters under RCW
84.52.056, among other sources.
(4)(a) Financing contracts and contracts for credit
enhancement entered into under the limitations set forth in
this chapter do not constitute a debt or the contracting of
indebtedness under any law limiting debt of the state. It is the
intent of the legislature that such contracts also do not constitute a debt or the contracting of indebtedness under Article
VIII, section 1 of the state Constitution. Certificates of participation in payments to be made under financing contracts
also do not constitute a debt or the contracting of an indebtedness under any law limiting debt of the state if payment is
conditioned upon payment by the state under the financing
contract with respect to which the same relates. It is the
intent of the legislature that such certificates also do not constitute a debt or the contracting of indebtedness under Article
VIII, section 1 of the state Constitution if payment of the certificates is conditioned upon payment by the state under the
financing contract with respect to which those certificates
relate.
(b) An other agency authorized by law to issue bonds,
notes or other evidences of indebtedness or to enter into conditional sales contracts or lease obligations, may participate
in a program under this chapter in which the state enters into
a financing contract on behalf of that other agency, and the
other agency’s obligations to the state under the program may
be evidenced by an agreement, lease, bond, note, or other
appropriate instrument. A financing contract made by the
state on behalf of an other agency may be secured by the
pledge of revenues of the other agency or other agency’s full
faith and credit or may, at the option of the state finance committee, include a contingent obligation by the state for payment under such financing contract. [2010 c 115 § 2; 2009 c
500 § 7; 1998 c 291 § 4; 1989 c 356 § 3.]
Authority—2010 c 115: "The authority conferred on the state and any
municipal corporation or other agency under this act is in addition and supplemental to any other authority granted by applicable law. Any action previously taken by the state, a municipal corporation, or other agency consistent with the provisions of this act is approved and confirmed." [2010 c 115
§ 4.]
Effective date—2009 c 500: See note following RCW 39.42.070.
Additional notes found at www.leg.wa.gov
39.94.040
39.94.040 State finance committee—Duties—Legislative approval
required, when (as amended by 2010 1st sp.s. c 35). (1) Except as provided
in RCW 28B.10.022, the state may not enter into any financing contract for
itself if the aggregate principal amount payable thereunder is greater than an
amount to be established from time to time by the state finance committee or
participate in a program providing for the issuance of certificates of participation, including any contract for credit enhancement, without the prior
approval of the state finance committee. Except as provided in RCW
28B.10.022, the state finance committee shall approve the form of all financing contracts or a standard format for all financing contracts. The state
finance committee also may:
(a) Consolidate existing or potential financing contracts into master
financing contracts with respect to property acquired by one or more agencies, departments, instrumentalities of the state, the state board for community and technical colleges, or a state institution of higher learning; or to be
acquired by an other agency;
(2010 Ed.)
Payment Agreements
(b) Approve programs providing for the issuance of certificates of participation in master financing contracts for the state or for other agencies;
(c) Enter into agreements with trustees relating to master financing
contracts; and
(d) Make appropriate rules for the performance of its duties under this
chapter.
(2) In the performance of its duties under this chapter, the state finance
committee may consult with representatives from the department of general
administration, the office of financial management, and the department of
information services.
(3) With the approval of the state finance committee, the state also may
enter into agreements with trustees relating to financing contracts and the
issuance of certificates of participation.
(4) Except for financing contracts for real property used for the purposes described under chapter 28B.140 RCW, the state may not enter into
any financing contract for real property of the state without prior approval of
the legislature.
(5) The state may not enter into any financing contract on behalf of an
other agency without the approval of such a financing contract by the governing body of the other agency. For the purposes of this requirement, a
financing contract must be treated as used for real property if it is being
entered into by the state for the acquisition of land; the acquisition of an
existing building; the construction of a new building; or a major remodeling,
renovation, rehabilitation, or rebuilding of an existing building. Prior
approval of the legislature is not required under this chapter for a financing
contract entered into by the state under this chapter for energy conservation
improvements to existing buildings where such improvements include (a)
fixtures and equipment that are not part of a major remodeling, renovation,
rehabilitation, or rebuilding of the building, or (b) other improvements to the
building that are being performed for the primary purpose of energy conservation. Such energy conservation improvements must be determined eligible for financing under this chapter by the office of financial management in
accordance with financing guidelines established by the state treasurer, and
are to be treated as personal property for the purposes of this chapter. [2010
1st sp.s. c 35 § 406; 2003 c 6 § 2; 2002 c 151 § 6; 1998 c 291 § 5; 1989 c 356
§ 4.]
Reviser’s note: In section 406, chapter 35, Laws of 2010 1st sp. sess.
and section 6015, chapter 36, Laws of 2010 1st sp. sess., the legislature
added substantially identical language to RCW 39.94.040 (4) and (5). It
appears that the language was intended to be added only to RCW
39.94.040(4).
Intent—Short title—Contingent effective date—2010 1st sp.s. c 35:
See notes following RCW 43.331.010.
Intent—2010 1st sp.s. c 35: See note following RCW 43.331.040.
39.94.040
39.94.040 State finance committee—Duties—Legislative approval
required, when (as amended by 2010 1st sp.s. c 36). (1) Except as provided
in RCW 28B.10.022, the state may not enter into any financing contract for
itself if the aggregate principal amount payable thereunder is greater than an
amount to be established from time to time by the state finance committee or
participate in a program providing for the issuance of certificates of participation, including any contract for credit enhancement, without the prior
approval of the state finance committee. Except as provided in RCW
28B.10.022, the state finance committee shall approve the form of all financing contracts or a standard format for all financing contracts. The state
finance committee also may:
(a) Consolidate existing or potential financing contracts into master
financing contracts with respect to property acquired by one or more agencies, departments, instrumentalities of the state, the state board for community and technical colleges, or a state institution of higher learning; or to be
acquired by an other agency;
(b) Approve programs providing for the issuance of certificates of participation in master financing contracts for the state or for other agencies;
(c) Enter into agreements with trustees relating to master financing
contracts; and
(d) Make appropriate rules for the performance of its duties under this
chapter.
(2) In the performance of its duties under this chapter, the state finance
committee may consult with representatives from the department of general
administration, the office of financial management, and the department of
information services.
(3) With the approval of the state finance committee, the state also may
enter into agreements with trustees relating to financing contracts and the
issuance of certificates of participation.
(2010 Ed.)
39.96.010
(4) Except for financing contracts for real property used for the purposes described under chapter 28B.140 RCW, the state may not enter into
any financing contract for real property of the state without prior approval of
the legislature. For the purposes of this requirement, a financing contract
must be treated as used for real property if it is being entered into by the state
for the acquisition of land; the acquisition of an existing building; the construction of a new building; or a major remodeling, renovation, rehabilitation, or rebuilding of an existing building. Prior approval of the legislature
is not required under this chapter for a financing contract entered into by the
state under this chapter for energy conservation improvements to existing
buildings where such improvements include: (a) Fixtures and equipment
that are not part of a major remodeling, renovation, rehabilitation, or rebuilding of the building, or (b) other improvements to the building that are being
performed for the primary purpose of energy conservation. Such energy
conservation improvements must be determined eligible for financing under
this chapter by the office of financial management in accordance with
financing guidelines established by the state treasurer, and are to be treated
as personal property for the purposes of this chapter.
(5) The state may not enter into any financing contract on behalf of an
other agency without the approval of such a financing contract by the governing body of the other agency. [2010 1st sp.s. c 36 § 6015; 2003 c 6 § 2;
2002 c 151 § 6; 1998 c 291 § 5; 1989 c 356 § 4.]
Reviser’s note: RCW 39.94.040 was amended twice during the 2010
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date—2010 1st sp.s. c 36: See note following RCW
43.155.050.
Additional notes found at www.leg.wa.gov
39.94.050 Financing program to be self-supporting—
Payment of program expenses. (1) It is the intent of the legislature that the financing program authorized by this chapter
be self-supporting.
(2) The state treasurer is authorized to levy fees and
apply specified investment earnings from time to time in
amounts not to exceed sums sufficient to pay program
expenses including, but not limited to, costs of issuance, and
to create reserves to assure timely payment of financing contracts. The investment earnings available for this purpose represent the earnings on payments received from state and other
agencies. [1998 c 291 § 1.]
39.94.050
Additional notes found at www.leg.wa.gov
39.94.900 Application. The provisions of this chapter
shall apply to all financing contracts entered into following
July 23, 1989. [1989 c 356 § 5.]
39.94.900
Chapter 39.96
Chapter 39.96 RCW
PAYMENT AGREEMENTS
Sections
39.96.010
39.96.020
39.96.030
39.96.040
39.96.050
39.96.060
39.96.080
39.96.900
39.96.901
39.96.902
39.96.903
Findings and declaration.
Definitions.
Payment agreements authorized—Conditions.
Terms and conditions.
Payments—Credit enhancements.
Calculations regarding payment of obligations—Status of payments.
Authority cumulative.
Liberal construction—1993 c 273.
Captions not law—1993 c 273.
Severability—1993 c 273.
Effective date—1993 c 273.
39.96.010 Findings and declaration. The legislature
finds and declares that the issuance by state and local governments of bonds and other obligations involves exposure to
39.96.010
[Title 39 RCW—page 119]
39.96.020
Title 39 RCW: Public Contracts and Indebtedness
changes in interest rates; that a number of financial instruments are available to lower the net cost of these borrowings,
or to reduce the exposure of state and local governments to
changes in interest rates; that these reduced costs for state and
local governments will benefit taxpayers and ratepayers; and
that the legislature desires to provide state and local governments with express statutory authority to take advantage of
these instruments. In recognition of the complexity of these
financial instruments, the legislature desires that this authority be subject to certain limitations. [2004 c 108 § 1; 2000 c
184 § 1; 1995 c 192 § 1; 1993 c 273 § 1.]
Effective date—2000 c 184: "This act takes effect July 1, 2000." [2000
c 184 § 7.]
Additional notes found at www.leg.wa.gov
39.96.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Financial advisor" means a financial services or
financial advisory firm:
(a) With recognized knowledge and experience in connection with the negotiation and execution of payment agreements;
(b) That is acting solely as financial advisor to the governmental entity in connection with the execution of the payment agreement and the issuance or incurring of any related
obligations, and not as a principal, placement agent, purchaser, underwriter, or other similar party, and that does not
control, nor is it controlled by or under common control with,
any such party;
(c) That is compensated for its services in connection
with the execution of payment agreements, either directly or
indirectly, solely by the governmental entity; and
(d) Whose compensation is not based on a percentage of
the notional amount of the payment agreement or of the principal amount of any related obligations.
(2) "Governmental entity" means state government or
local government.
(3) "Local government" means any city, county, city
transportation authority, regional transit authority established
under chapter 81.112 RCW, port district, public hospital district, public facilities district, or public utility district, or any
joint operating agency formed under RCW 43.52.360, that
has or will have outstanding obligations in an aggregate principal amount of at least one hundred million dollars as of the
date a payment agreement is executed or is scheduled by its
terms to commence or had at least one hundred million dollars in gross revenues during the preceding calendar year.
(4) "Obligations" means bonds, notes, bond anticipation
notes, commercial paper, or other obligations for borrowed
money, or lease, installment purchase, or other similar
financing agreements or certificates of participation in such
agreements.
(5) "Payment agreement" means a written agreement
which provides for an exchange of payments based on interest rates, or for ceilings or floors on these payments, or an
option on these payments, or any combination, entered into
on either a current or forward basis.
(6) "State government" means (a) the state of Washington, acting by and through its state finance committee, (b) the
Washington health care facilities authority, (c) the Washing39.96.020
[Title 39 RCW—page 120]
ton higher education facilities authority, (d) the Washington
state housing finance commission, or (e) the state finance
committee upon adoption of a resolution approving a payment agreement on behalf of any state institution of higher
education as defined under RCW 28B.10.016: PROVIDED,
That such approval shall not constitute the pledge of the full
faith and credit of the state, but a pledge of only those funds
specified in the approved agreement. [2005 c 154 § 1; 2004
c 108 § 2; 2003 c 47 § 1; 1993 c 273 § 2.]
39.96.030 Payment agreements authorized—Conditions. (1) Subject to subsections (2) and (3) of this section,
any governmental entity may enter into a payment agreement
in connection with, or incidental to, the issuance, incurring,
or carrying of specific obligations, for the purpose of managing or reducing the governmental entity’s exposure to fluctuations or levels of interest rates. No governmental entity may
carry on a business of acting as a dealer in payment agreements. Nothing in this chapter shall be construed to provide
governmental entities with separate or additional authority to
invest funds or moneys relating to or held in connection with
any obligations.
(2) No governmental entity may enter into a payment
agreement under this chapter unless it first:
(a) Finds and determines, by ordinance or resolution, that
the payment agreement, if fully performed by all parties
thereto, will (i) reduce the amount or duration of its exposure
to changes in interest rates; or (ii) result in a lower net cost of
borrowing with respect to the related obligations;
(b) Obtains, on or prior to the date of execution of the
payment agreement, a written certification from a financial
advisor that (i) the terms and conditions of the payment
agreement and any ancillary agreements, including without
limitation, the interest rate or rates and any other amounts
payable thereunder, are commercially reasonable in light of
then existing market conditions; and (ii) the finding and
determination contained in the ordinance or resolution
required by (a) of this subsection is reasonable.
(3) Prior to selecting the other party to a payment agreement, a governmental entity shall solicit and give due consideration to proposals from at least two entities that meet the
criteria set forth in RCW 39.96.040(2). Such solicitation and
consideration shall be conducted in such manner as the governmental entity shall determine is reasonable. [2000 c 184 §
2; 1993 c 273 § 3.]
39.96.030
Effective date—2000 c 184: See note following RCW 39.96.010.
39.96.040 Terms and conditions. (1) Subject to subsections (2), (3), and (4) of this section, payment agreements
entered into by any governmental entity may include those
payment, term, security, default, remedy, termination, and
other terms and conditions, and may be with those parties, as
the governmental entity deems reasonably necessary or desirable.
(2) No governmental entity may enter into a payment
agreement under this chapter unless:
(a) The other party to the agreement has a rating from at
least two nationally recognized credit rating agencies, as of
the date of execution of the agreement, that is within the two
highest long-term investment grade rating categories, without
39.96.040
(2010 Ed.)
School District Credit Enhancement Program
regard to subcategories, or the payment obligations of the
party under the agreement are unconditionally guaranteed by
an entity that then has the required ratings; or
(b)(i) The other party to the agreement has a rating from
at least two nationally recognized credit rating agencies, as of
the date of execution of the agreement, that is within the three
highest long-term investment grade rating categories, without
regard to subcategories, or the payment obligations of the
party under the agreement are unconditionally guaranteed by
an entity that has the required ratings; and
(ii) The payment obligations of the other party under the
agreement are collateralized by direct obligations of, or obligations the principal and interest on which are guaranteed by,
the United States of America, that (A) are deposited with the
governmental entity or an agent of the governmental entity;
and (B) maintain a market value of not less than one hundred
two percent of the net market value of the payment agreement
to the governmental entity, as such net market value may be
defined and determined from time to time under the terms of
the payment agreement.
(3) No governmental entity may enter into a payment
agreement with a party who qualifies under subsection (2)(a)
of this section unless the payment agreement provides that, in
the event the credit rating of the other party or its guarantor
falls below the level required by subsection (2)(a) of this section, such party will comply with the collateralization
requirements contained in subsection (2)(b) of this section.
(4) No governmental entity may enter into a payment
agreement unless:
(a) The notional amount of the payment agreement does
not exceed the principal amount of the obligations with
respect to which the payment agreement is made; and
(b) The term of the payment agreement does not exceed
the final term of the obligations with respect to which the
payment agreement is made. [1993 c 273 § 4.]
39.96.050 Payments—Credit enhancements. (1) Subject to any covenants or agreements applicable to the obligations issued or incurred by the governmental entity, any payments required to be made by the governmental entity under
a payment agreement entered into in connection with the
issuance, incurring, or carrying of those obligations may be
made from money set aside or pledged to pay or secure the
payment of those obligations or from any other legally available source.
(2) Any governmental entity may enter into credit
enhancement, liquidity, line of credit, or other similar agreements in connection with, or incidental to, the execution of a
payment agreement. The credit enhancement, liquidity, line
of credit, or other similar agreement may include those payment, term, security, default, remedy, termination, and other
terms and conditions, and may be with those parties, as the
governmental entity deems reasonably necessary or desirable. [1993 c 273 § 5.]
39.96.050
39.96.060 Calculations regarding payment of obligations—Status of payments. (1) Subject to any covenants or
agreements applicable to the obligations issued or incurred
by the governmental entity, if the governmental entity enters
into a payment agreement with respect to those obligations,
39.96.060
(2010 Ed.)
Chapter 39.98
then it may elect to treat the amounts payable from time to
time with respect to those obligations as the amounts payable
after giving effect to the payment agreement for the purposes
of calculating:
(a) Rates and charges to be imposed by a revenue-producing enterprise if the revenues are pledged or used to pay
those obligations;
(b) Any taxes to be levied and collected to pay those
obligation[s]; and
(c) Payments or debt service on those obligations for any
other purpose.
(2) A payment agreement and any obligation of the governmental entity to make payments under the agreement in
future fiscal years shall not constitute debt or indebtedness of
the governmental entity for purposes of state constitutional
and statutory debt limitation provisions if the obligation to
make any payments is contingent upon the performance of
the other party or parties to the agreement, and no moneys are
paid to the governmental entity under the payment agreement
that must be repaid in future fiscal years. [1993 c 273 § 6.]
39.96.080 Authority cumulative. The powers conferred by this chapter are in addition to, and not in substitution for, the powers conferred by any existing law, and the
limitations imposed by this chapter do not directly or indirectly modify, limit, or affect the powers conferred by any
existing law. [1993 c 273 § 8.]
39.96.080
39.96.900 Liberal construction—1993 c 273. This
chapter shall be liberally construed to effect its purposes.
[1993 c 273 § 9.]
39.96.900
39.96.901 Captions not law—1993 c 273. Captions
used in this chapter do not constitute any part of the law.
[1993 c 273 § 10.]
39.96.901
39.96.902 Severability—1993 c 273. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 273 § 11.]
39.96.902
39.96.903 Effective date—1993 c 273. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 7, 1993]. [1993 c 273 § 13.]
39.96.903
Chapter 39.98
Chapter 39.98 RCW
SCHOOL DISTRICT CREDIT
ENHANCEMENT PROGRAM
Sections
39.98.010
39.98.020
39.98.030
39.98.040
39.98.050
Finding—School district debt obligation not removed.
Definitions.
Bonds guaranteed by full faith, credit, and taxing power of the
state—Reference to chapter on face of bond conclusively
establishes guaranty.
Certificate issued by state treasurer evidence of guaranty—
Limitations on issuance of guaranteed bonds—Fees.
Debt service payments—Notifications upon nonpayment—
Payments by state treasurer—Repayment.
[Title 39 RCW—page 121]
39.98.010
39.98.060
39.98.070
39.98.080
39.98.900
Title 39 RCW: Public Contracts and Indebtedness
Reimbursement of state-paid debt service payments—Interest
and penalties—Legal actions—Revision of collection of
taxes to meet obligations.
Appropriation required.
Adoption of rules.
Contingent effective date—1999 c 273.
39.98.010 Finding—School district debt obligation
not removed. The legislature finds that implementation of
the credit enhancement program provided for in this chapter
can provide substantial savings to the taxpayers of the state of
Washington with minimal cost or risk to the state government. The guaranty provided by pledging the credit of the
state to the payment of voter-approved school district general
obligation bonds will encourage lower interest rates, and
therefore lower taxes, for such bonds than school districts
alone can command, despite the excellent credit history of
such obligations. Any such guarantee does not remove the
debt obligation of the school district and is not state debt.
[1999 c 273 § 1.]
39.98.010
39.98.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Bond" means any voted general obligation bond
issued by a school district, holding a certificate issued pursuant to this chapter for such a bond.
(2) "Credit enhancement program" means the school district bond guaranty established by this chapter.
(3) "General obligation bond" means any bond, note,
warrant, certificate of indebtedness, or other obligation of a
district that constitutes an indebtedness within the meaning of
any applicable constitutional or statutory debt limitations.
(4) "Paying agent" means the paying agent selected,
from time to time, for a bond issue pursuant to state law.
(5) "Refunding bond" means any general obligation
bond issued by a district for the purpose of refunding its outstanding general obligation bonds.
(6) "School district" or "district" means any school district existing now or later under the laws of the state. [1999 c
273 § 2.]
39.98.020
39.98.030 Bonds guaranteed by full faith, credit, and
taxing power of the state—Reference to chapter on face of
bond conclusively establishes guaranty. (1)(a) The full
faith, credit, and taxing power of the state is pledged to guarantee full and timely payment of the principal of and interest
on bonds as such payments become due. However, in the
event of any acceleration of the due date of the principal by
reason of mandatory redemption or acceleration resulting
from default, the payments guaranteed shall be made in the
amounts and at the times as payments of principal would
have been due had there not been any acceleration.
(b) This guaranty does not extend to the payment of any
redemption premium.
(c) Reference to this chapter by its title on the face of any
bond conclusively establishes the guaranty provided to that
bond under the provisions of this chapter.
(2)(a) The state pledges to and agrees with the owners of
any bonds that the state will not alter, impair, or limit the
rights vested by the credit enhancement program with respect
to the bonds until the bonds, together with applicable interest,
39.98.030
[Title 39 RCW—page 122]
are fully paid and discharged. However, this chapter does not
preclude an alteration, impairment, or limitation if full provision is made by law for the payment of the bonds.
(b) Each district may refer to this pledge and undertaking
by the state in its bonds.
(3) Only validly issued bonds issued after January 1,
2000, may be guaranteed under this chapter. [1999 c 273 §
3.]
39.98.040 Certificate issued by state treasurer evidence of guaranty—Limitations on issuance of guaranteed bonds—Fees. (1)(a) Any district, by resolution of its
board of directors, may request that the state treasurer issue a
certificate evidencing the state’s guaranty, under this chapter,
of its bonds.
(b) After reviewing the request, if the state treasurer
determines that the district is eligible under rules adopted by
the state finance committee, the state treasurer shall promptly
issue the certificate as to specific bonds of the district and
provide it to the requesting district.
(c)(i) The district receiving the certificate and all other
persons may rely on the certificate as evidencing the guaranty
for bonds issued within one year from and after the date of the
certificate, without making further inquiry during that year.
(ii) The certificate of eligibility is valid for one year even
if the state treasurer later determines that the school district is
ineligible.
(2) Any district that chooses to forego the benefits of the
guaranty provided by this chapter for a particular issue of
bonds may do so by not referring to this chapter on the face
of its bonds.
(3) Any district that has bonds, the principal of or interest
on which has been paid, in whole or in part, by the state under
this chapter, may not issue any additional bonds guaranteed
by this chapter until:
(a) All payment obligations of the district to the state
under the credit enhancement program are satisfied; and
(b) The state treasurer and the state superintendent of
public instruction each certify in writing, to be kept on file by
the state treasurer and the state superintendent of public
instruction, that the district is fiscally solvent.
(4) The state finance committee may establish by rule
fees sufficient to cover the costs of administering this chapter. [1999 c 273 § 4.]
39.98.040
39.98.050 Debt service payments—Notifications
upon nonpayment—Payments by state treasurer—
Repayment. (1)(a) The county treasurer for each district
with outstanding, unpaid bonds shall transfer money sufficient for each scheduled debt service payment to its paying
agent on or before any principal or interest payment date for
the bonds.
(b) A county treasurer who is unable to transfer a scheduled debt service payment to the paying agent on the transfer
date shall immediately notify the paying agent and the state
treasurer by:
(i) Telephone;
(ii) A writing sent by facsimile or electronic transmission; and
(iii) A writing sent by first-class United States mail.
39.98.050
(2010 Ed.)
Hospital Benefit Zones
(2) If sufficient funds are not transferred to the paying
agent as required by subsection (1) of this section, the paying
agent shall immediately notify the state treasurer of that failure by:
(a) Telephone;
(b) A writing sent by facsimile or electronic transmission; and
(c) A writing sent by first-class United States mail.
(3)(a) If sufficient money to pay the scheduled debt service payment have not been so transferred to the paying
agent, the state treasurer shall, forthwith, transfer sufficient
money to the paying agent to make the scheduled debt service
payment.
(b) The payment by the state treasurer:
(i) Discharges the obligation of the issuing district to its
bond owners for the payment, but does not retire any bond
that has matured. The terms of that bond remain in effect until
the state is repaid; and
(ii) Transfers the rights represented by the general obligation of the district from the bond owners to the state.
(c) The district shall repay to the state the money so
transferred as provided in this chapter. [1999 c 273 § 5.]
39.98.060 Reimbursement of state-paid debt service
payments—Interest and penalties—Legal actions—Revision of collection of taxes to meet obligations. (1) Any district that has issued bonds for which the state has made all or
part of a debt service payment shall:
(a) Reimburse all money drawn by the state treasurer on
its behalf;
(b) Pay interest to the state on all money paid by the state
from the date that money was drawn to the date the state is
repaid at a rate to be prescribed by rule by the state finance
committee; and
(c) Pay all penalties required by this chapter.
(2)(a) The state treasurer shall establish the reimbursement interest rate after considering the circumstances of any
prior draws by the district on the state, market interest and
penalty rates, and the cost of funds or opportunity cost of
investments, if any, that were required to be borrowed or liquidated by the state to make payment on the bonds.
(b) The state treasurer may, after considering the circumstances giving rise to the failure of the district to make payment on its bonds in a timely manner, impose on the district a
penalty of not more than five percent of the amount paid by
the state pursuant to its guaranty for each instance in which a
payment by the state is made.
(3)(a)(i) If the state treasurer determines that amounts
obtained under this chapter will not reimburse the state in full
within one year from the state’s payment of a district’s scheduled debt service payment, the state treasurer may pursue any
legal action, including mandamus, against the district to compel it to meet its repayment obligations to the state.
(ii) In pursuing its rights under (a)(i) of this subsection,
the state shall have the same substantive and procedural
rights as would a holder of the bonds of a district. If and to the
extent that the state has made payments to the holders of
bonds of a district under RCW 39.98.050 and has not been
reimbursed by the district, the state shall be subrogated to the
rights of those bond holders.
39.98.060
(2010 Ed.)
39.100.010
(iii) The state treasurer may also direct the district and
the appropriate county officials to restructure and revise the
collection of taxes for the payment of bonds on which the
state treasurer has made payments under this chapter and, to
the extent permitted by law, may require that the proceeds of
such taxes be applied to the district’s obligations to the state
if all outstanding obligations of the school district payable
from such taxes are fully paid or their payment is fully provided for.
(b) The district shall pay the fees, expenses, and costs
incurred by the state in recovering amounts paid under the
guaranty authorized by this chapter. [1999 c 273 § 6.]
39.98.070 Appropriation required. In order to effect
the provisions of Article VIII, section 1(e) of the state Constitution, Senate Joint Resolution No. 8206, the legislature shall
make provision for such amounts as may be required to make
timely payments under the state school district credit
enhancement program under this chapter in each and every
biennial appropriations act. [1999 c 273 § 7.]
39.98.070
39.98.080 Adoption of rules. The state finance committee may adopt, under chapter 34.05 RCW, all rules necessary and appropriate for the implementation and administration of this chapter. [1999 c 273 § 8.]
39.98.080
39.98.900 Contingent effective date—1999 c 273.
This act takes effect January 1, 2000, if the proposed amendment to Article VIII, section 1 of the state Constitution, guaranteeing the general obligation debt of school districts, is validly submitted to and is approved and ratified by the voters at
the next general election. If the proposed amendment is not
approved and ratified, this act is void in its entirety. [1999 c
273 § 10.]
39.98.900
Reviser’s note: 1999 Senate Joint Resolution No. 8206 was approved
at the November 1999 general election. See Article VIII, section 1 and
Amendment 78 of the state Constitution.
Chapter 39.100
Chapter 39.100 RCW
HOSPITAL BENEFIT ZONES
Sections
39.100.010
39.100.020
39.100.030
39.100.040
39.100.050
39.100.060
39.100.900
Definitions.
Conditions for financing public improvements.
Benefit zone creation—Agreement, hearing, and notice
requirements—Ordinance requirements.
Benefit zone ordinance, publicizing and delivery—Challenges
to benefit zone formation.
Use of excess local excise tax—Boundary information—Definitions.
Issuance of revenue bonds.
Effective date—2006 c 111.
39.100.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Benefit zone" means the geographic zone from
which taxes are to be appropriated to finance public improvements authorized under this chapter and in which a hospital
that has received a certificate of need is to be constructed.
(2) "Department" means the department of revenue.
(3) "Local government" means any city, town, county, or
any combination thereof.
39.100.010
[Title 39 RCW—page 123]
39.100.020
Title 39 RCW: Public Contracts and Indebtedness
(4) "Ordinance" means any appropriate method of taking
legislative action by a local government.
(5) "Participating taxing authority" means a taxing
authority that has entered into a written agreement with a
local government for the use of hospital benefit zone financing to the extent of allocating excess local excise taxes to the
local government for the purpose of financing all or a portion
of the costs of designated public improvements.
(6) "Public improvements" means infrastructure
improvements within the benefit zone that include:
(a) Street and road construction and maintenance;
(b) Water and sewer system construction and improvements;
(c) Sidewalks and streetlights;
(d) Parking, terminal, and dock facilities;
(e) Park and ride facilities of a transit authority;
(f) Park facilities and recreational areas; and
(g) Storm water and drainage management systems.
(7) "Public improvement costs" means the costs of: (a)
Design, planning, acquisition including land acquisition, site
preparation including land clearing, construction, reconstruction, rehabilitation, improvement, and installation of public
improvements; (b) demolishing, relocating, maintaining, and
operating property pending construction of public improvements; (c) relocating utilities as a result of public improvements; and (d) financing public improvements, including
interest during construction, legal and other professional services, taxes, insurance, principal and interest costs on indebtedness issued to finance public improvements, and any necessary reserves for indebtedness; and administrative
expenses and feasibility studies reasonably necessary and
related to these costs, including related costs that may have
been incurred before adoption of the ordinance authorizing
the public improvements and the use of hospital benefit zone
financing to fund the costs of the public improvements.
(8) "Tax allocation revenues" means those tax revenues
derived from the receipt of excess local excise taxes under
RCW 39.100.050 and distributed by a local government, participating taxing authority, or both, to finance public
improvements.
(9) "Taxing authority" means a governmental entity that
imposes a sales or use tax under chapter 82.14 RCW upon the
occurrence of any taxable event within a proposed or
approved benefit zone. [2007 c 266 § 2; 2006 c 111 § 1.]
Finding—2007 c 266: "The legislature finds that local governments
need flexible financing for public improvements that do not increase the
combined state and local sales tax rate." [2007 c 266 § 1.]
Application—2007 c 266: "This act applies retroactively to July 1,
2006." [2007 c 266 § 10.]
Effective date—2007 c 266: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007."
[2007 c 266 § 11.]
39.100.020 Conditions for financing public improvements. A local government may finance public improvements using hospital benefit zone financing subject to the following conditions:
(1) The local government adopts an ordinance designating a benefit zone within its boundaries and specifying the
public improvements proposed to be financed in whole or in
part with the use of hospital benefit zone financing;
39.100.020
[Title 39 RCW—page 124]
(2) The public improvements proposed to be financed in
whole or in part using hospital benefit zone financing are
expected both to encourage private development within the
benefit zone and to support the development of a hospital that
has received a certificate of need;
(3) Private development that is anticipated to occur
within the benefit zone, as a result of the public improvements, will be consistent with the countywide planning policy adopted by the county under RCW 36.70A.210 and the
local government’s comprehensive plan and development
regulations adopted under chapter 36.70A RCW;
(4) The governing body of the local government finds
that the public improvements proposed to be financed in
whole or in part using hospital benefit zone financing are reasonably likely to:
(a) Increase private investment within the benefit zone;
(b) Increase employment within the benefit zone; and
(c) Generate, over the period of time that the local sales
and use tax will be imposed under RCW 82.14.465, excess
state excise taxes that are equal to or greater than the state
contributions made under this chapter;
(5) The boundaries of a hospital benefit zone may not
overlap any part of the boundaries of another hospital benefit
zone or a revenue development area defined in chapter
39.102 RCW; and
(6) The boundaries of a hospital benefit zone may not
change once the hospital benefit zone is established and
approved by the department. [2007 c 266 § 3; 2006 c 111 §
2.]
Finding—Application—Effective date—2007 c 266: See notes following RCW 39.100.010.
39.100.030 Benefit zone creation—Agreement, hearing, and notice requirements—Ordinance requirements.
(1) Before adopting an ordinance creating the benefit zone, a
local government must:
(a) Obtain written agreement for the use of hospital benefit zone financing to finance all or a portion of the costs of
the designated public improvements from any taxing authority that imposes a sales or use tax under chapter 82.14 RCW
within the benefit zone if the taxing authority chooses to participate in the public improvements to the extent of providing
limited funding under hospital benefit zone financing authorized under this chapter. The agreement must be authorized
by the governing body of such participating taxing authorities; and
(b) Hold a public hearing on the proposed financing of
the public improvement in whole or in part with hospital benefit zone financing.
(i) Notice of the public hearing must be published in a
legal newspaper of general circulation within the proposed
benefit zone at least ten days before the public hearing and
posted in at least six conspicuous public places located in the
proposed benefit zone.
(ii) Notices must describe the contemplated public
improvements, estimate the costs of the public improvements, describe the portion of the costs of the public
improvements to be borne by hospital benefit zone financing,
describe any other sources of revenue to finance the public
improvements, describe the boundaries of the proposed benefit zone, and estimate the period during which hospital ben39.100.030
(2010 Ed.)
Hospital Benefit Zones
efit zone financing is contemplated to be used. The public
hearing may be held by either the governing body of the local
government, or a committee of the governing body that
includes at least a majority of the whole governing body.
(2) In order to create a benefit zone, a local government
must adopt an ordinance establishing the benefit zone that:
(a) Describes the public improvements;
(b) Describes the boundaries of the benefit zone;
(c) Estimates the cost of the public improvements and
the portion of these costs to be financed by hospital benefit
zone financing;
(d) Estimates the time during which excess local excise
taxes are to be used to finance public improvement costs
associated with the public improvements financed in whole
or in part by hospital benefit zone financing;
(e) Estimates the average amount of tax revenue to be
received in all fiscal years through the imposition of a sales
and use tax under RCW 82.14.465;
(f) Provides the date when the use of excess local excise
taxes will commence; and
(g) Finds that the conditions of RCW 39.100.020 are
met.
(3) For purposes of this section, "fiscal year" means the
year beginning July 1st and ending the following June 30th.
[2007 c 266 § 4; 2006 c 111 § 3.]
Finding—Application—Effective date—2007 c 266: See notes following RCW 39.100.010.
39.100.040 Benefit zone ordinance, publicizing and
delivery—Challenges to benefit zone formation. (1) A
local government that adopts an ordinance creating a benefit
zone under this chapter shall, within ninety days of adopting
the ordinance:
(a) Publish notice in a legal newspaper of general circulation within the benefit zone that describes the public
improvement, describes the boundaries of the benefit zone,
and identifies the location and times where the ordinance and
other public information concerning the public improvement
may be inspected; and
(b) Deliver a certified copy of the ordinance to the
county treasurer, the county assessor, the department of revenue, and the governing body of each participating taxing
authority within which the benefit zone is located.
(2) Any challenge to the formation shall be brought
within sixty days of the later of the date of its formation or
July 1, 2007. All parties, including the holders of bonds payable from tax revenue under chapter 266, Laws of 2007, may
rely upon the presumption of validity of formation of the benefit zone following the expiration of the sixty-day period.
[2007 c 266 § 5; 2006 c 111 § 4.]
39.100.040
Finding—Application—Effective date—2007 c 266: See notes following RCW 39.100.010.
39.100.050 Use of excess local excise tax—Boundary
information—Definitions. (1) A local government that creates a benefit zone and has received approval from the department under RCW 82.32.700 to impose the local option sales
and use tax authorized in RCW 82.14.465 may use annually
any excess local excise taxes received by it from taxable
activity within the benefit zone to finance public improvement costs associated with the public improvements financed
39.100.050
(2010 Ed.)
39.100.050
in whole or in part by hospital benefit zone financing. The
use of excess local excise taxes must cease when tax allocation revenues are no longer necessary or obligated to pay the
costs of the public improvements. Any participating taxing
authority is authorized to allocate excess local excise taxes to
the local government as long as the local government has
received approval from the department under RCW
82.32.700 to impose the local option sales and use tax authorized in RCW 82.14.465. The legislature declares that it is a
proper purpose of a local government or participating taxing
authority to allocate excess local excise taxes for purposes of
financing public improvements under this chapter.
(2) A local government must provide the department
accurate information describing the geographical boundaries
of the benefit zone at least seventy-five days before the effective date of the ordinance creating the benefit zone. The local
government must ensure that the boundary information provided to the department is kept current.
(3) The department must provide the necessary information to calculate excess local excise taxes to each local government that has provided boundary information to the
department as provided in this section and that has received
approval from the department under RCW 82.32.700 to
impose the local option sales and use tax authorized in RCW
82.14.465.
(4) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Base year" means the calendar year immediately following the creation of a benefit zone.
(b) "Excess local excise taxes" means the amount of
local excise taxes received by the local government during
the measurement year from taxable activity within the benefit
zone over and above the amount of local excise taxes
received by the local government during the base year from
taxable activity within the benefit zone. However, if a local
government creates the benefit zone and reasonably determines that no activity subject to tax under chapters 82.08 and
82.12 RCW occurred in the twelve months immediately preceding the creation of the benefit zone within the boundaries
of the area that became the benefit zone, "excess local excise
taxes" means the entire amount of local excise taxes received
by the local government during a calendar year period beginning with the calendar year immediately following the creation of the benefit zone and continuing with each measurement year thereafter.
(c) "Local excise taxes" means local revenues derived
from the imposition of sales and use taxes authorized in RCW
82.14.030 at the tax rate that was in effect at the time the hospital benefit zone is approved by the department, except that
if a local government reduces the rate of such tax after the
hospital benefit zone was approved, "local excise taxes"
means the local revenues derived from the imposition of the
sales and use taxes authorized in RCW 82.14.030 at the lower
tax rate.
(d) "Measurement year" means a calendar year, beginning with the calendar year following the base year and each
calendar year thereafter, that is used annually to measure the
amount of excess state excise taxes and excess local excise
taxes required to be used to finance public improvement costs
associated with public improvements financed in whole or in
[Title 39 RCW—page 125]
39.100.060
Title 39 RCW: Public Contracts and Indebtedness
part by hospital benefit zone financing. [2010 c 106 § 201;
2007 c 266 § 6; 2006 c 111 § 5.]
39.100.900 Effective date—2006 c 111. This act takes
effect July 1, 2006. [2006 c 111 § 11.]
39.100.900
Effective date—2010 c 106: See note following RCW 35.102.145.
Finding—Application—Effective date—2007 c 266: See notes following RCW 39.100.010.
Chapter 39.102
Chapter 39.102 RCW
LOCAL INFRASTRUCTURE
FINANCING TOOL PROGRAM
39.100.060
39.100.060 Issuance of revenue bonds. (1) A local
government may issue revenue bonds to fund public
improvements, or portions of public improvements, that are
located within a benefit zone and that it is authorized to provide or operate. Whenever revenue bonds are to be issued,
the legislative authority of the local government shall create
or have created a special fund or funds from which, along
with any reserves created pursuant to RCW 39.44.140, the
principal and interest on these revenue bonds shall exclusively be payable. The legislative authority of the local government may obligate the local government to set aside and
pay into the special fund or funds a fixed proportion or a fixed
amount of the revenues obtained from within the benefit zone
of the development, construction, operation, and maintenance of businesses supported by the public improvements
that are funded by the revenue bonds. This amount or proportion is a lien and charge against these revenues, subject only
to operating and maintenance expenses. The local government shall have due regard for the cost of operation and
maintenance of the public improvements that are funded by
the revenue bonds, and shall not set aside into the special
fund or funds a greater amount or proportion of the revenues
that in its judgment will be available over and above the cost
of maintenance and operation and the amount or proportion,
if any, of the revenue previously pledged. The local government may also provide that revenue bonds payable out of the
same source or sources of revenue may later be issued on a
parity with any revenue bonds being issued and sold.
(2) Revenue bonds issued pursuant to this section are not
an indebtedness of the local government issuing the bonds,
and the interest and principal on the bonds shall only be payable from the revenues lawfully pledged to meet the principal
and interest requirements and any reserves created pursuant
to RCW 39.44.140. The owner or bearer of a revenue bond
or any interest coupon issued pursuant to this section shall not
have any claim against the local government arising from the
bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements
and any reserves created pursuant to RCW 39.44.140. The
substance of the limitations included in this subsection shall
be plainly printed, written, or engraved on each bond issued
pursuant to this section.
(3) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The legislative authority of the
local government shall by resolution determine for each revenue bond issue the amount, date, form, terms, conditions,
denominations, maximum fixed or variable interest rate or
rates, maturity or maturities, redemption rights, registration
privileges, manner of execution, manner of sale, callable provisions, if any, and covenants including the refunding of
existing revenue bonds. Facsimile signatures may be used on
the bonds and any coupons. Refunding revenue bonds may
be issued in the same manner as revenue bonds are issued.
[2006 c 111 § 6.]
[Title 39 RCW—page 126]
Sections
39.102.010
39.102.020
39.102.030
39.102.040
39.102.050
39.102.060
39.102.070
39.102.080
39.102.090
39.102.100
39.102.110
39.102.120
39.102.130
39.102.140
39.102.150
39.102.160
39.102.170
39.102.190
39.102.195
39.102.200
39.102.210
39.102.220
39.102.900
39.102.901
39.102.902
39.102.903
39.102.904
Finding.
Definitions.
Creation.
Application process—Board approval.
Demonstration projects.
Limitations on revenue development areas.
Local infrastructure financing—Conditions.
Revenue development area adoption—Process.
Revenue development area adoption—Ordinance—Hearing
and delivery requirements.
Revenue development area adoption—Notice requirements.
Local excise tax allocation revenues.
Local property tax allocation revenues.
Use of sales and use tax funds.
Reporting requirements.
Issuance of general obligation bonds.
Use of tax revenue for bond repayment.
Limitation on bonds issued.
Revenue bonds to fund public improvements.
Limitation on use of revenues.
Joint legislative audit and review committee reports.
Program evaluation.
Administration by department and board.
Captions and part headings not law—2006 c 181.
Severability—2006 c 181.
Construction—2006 c 181.
Effective date—2006 c 181.
Expiration date—2006 c 181.
39.102.010 Finding. (Expires June 30, 2039.) The
legislature recognizes that the state as a whole benefits from
investment in public infrastructure because it promotes community and economic development. Public investment stimulates business activity and helps create jobs; stimulates the
redevelopment of brownfields and blighted areas in the inner
city; lowers the cost of housing; and promotes efficient land
use. The legislature finds that these activities generate revenue for the state and that it is in the public interest to invest in
these projects through a credit against the state sales and use
tax and an allocation of property tax revenue to those sponsoring local governments that can demonstrate the expected
returns to the state. [2006 c 181 § 101.]
39.102.010
39.102.020 Definitions. (Expires June 30, 2039.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Annual state contribution limit" means seven million five hundred thousand dollars statewide per fiscal year.
(2) "Assessed value" means the valuation of taxable real
property as placed on the last completed assessment roll.
(3) "Board" means the community economic revitalization board under chapter 43.160 RCW.
(4) "Demonstration project" means one of the following
projects:
(a) Bellingham waterfront redevelopment project;
(b) Spokane river district project at Liberty Lake; and
(c) Vancouver riverwest project.
(5) "Department" means the department of revenue.
(6) "Fiscal year" means the twelve-month period beginning July 1st and ending the following June 30th.
39.102.020
(2010 Ed.)
Local Infrastructure Financing Tool Program
(7) "Local excise tax allocation revenue" means an
amount of local excise taxes equal to some or all of the sponsoring local government’s local excise tax increment,
amounts of local excise taxes equal to some or all of any participating local government’s excise tax increment as agreed
upon in the written agreement under RCW 39.102.080(1), or
both, and dedicated to local infrastructure financing.
(8) "Local excise tax increment" means an amount equal
to the estimated annual increase in local excise taxes in each
calendar year following the approval of the revenue development area by the board from taxable activity within the revenue development area, as set forth in the application provided
to the board under RCW 39.102.040, and updated in accordance with RCW 39.102.140(1)(f).
(9) "Local excise taxes" means local revenues derived
from the imposition of sales and use taxes authorized in RCW
82.14.030.
(10) "Local government" means any city, town, county,
port district, and any federally recognized Indian tribe.
(11) "Local infrastructure financing" means the use of
revenues received from local excise tax allocation revenues,
local property tax allocation revenues, other revenues from
local public sources, and revenues received from the local
option sales and use tax authorized in RCW 82.14.475, dedicated to pay either the principal and interest on bonds authorized under RCW 39.102.150 or to pay public improvement
costs on a pay-as-you-go basis subject to RCW 39.102.195,
or both.
(12) "Local property tax allocation revenue" means those
tax revenues derived from the receipt of regular property
taxes levied on the property tax allocation revenue value and
used for local infrastructure financing.
(13) "Low-income housing" means residential housing
for low-income persons or families who lack the means
which is necessary to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without
overcrowding. For the purposes of this subsection, "low
income" means income that does not exceed eighty percent of
the median family income for the standard metropolitan statistical area in which the revenue development area is
located.
(14) "Ordinance" means any appropriate method of taking legislative action by a local government.
(15) "Participating local government" means a local government having a revenue development area within its geographic boundaries that has entered into a written agreement
with a sponsoring local government as provided in RCW
39.102.080 to allow the use of all or some of its local excise
tax allocation revenues or other revenues from local public
sources dedicated for local infrastructure financing.
(16) "Participating taxing district" means a local government having a revenue development area within its geographic boundaries that has entered into a written agreement
with a sponsoring local government as provided in RCW
39.102.080 to allow the use of some or all of its local property
tax allocation revenues or other revenues from local public
sources dedicated for local infrastructure financing.
(17) "Property tax allocation revenue base value" means
the assessed value of real property located within a revenue
development area less the property tax allocation revenue
value.
(2010 Ed.)
39.102.020
(18)(a)(i) "Property tax allocation revenue value" means
seventy-five percent of any increase in the assessed value of
real property in a revenue development area resulting from:
(A) The placement of new construction, improvements
to property, or both, on the assessment roll, where the new
construction and improvements are initiated after the revenue
development area is approved by the board;
(B) The cost of new housing construction, conversion,
and rehabilitation improvements, when such cost is treated as
new construction for purposes of chapter 84.55 RCW as provided in RCW 84.14.020, and the new housing construction,
conversion, and rehabilitation improvements are initiated
after the revenue development area is approved by the board;
(C) The cost of rehabilitation of historic property, when
such cost is treated as new construction for purposes of chapter 84.55 RCW as provided in RCW 84.26.070, and the rehabilitation is initiated after the revenue development area is
approved by the board.
(ii) Increases in the assessed value of real property in a
revenue development area resulting from (a)(i)(A) through
(C) of this subsection are included in the property tax allocation revenue value in the initial year. These same amounts
are also included in the property tax allocation revenue value
in subsequent years unless the property becomes exempt
from property taxation.
(b) "Property tax allocation revenue value" includes seventy-five percent of any increase in the assessed value of new
construction consisting of an entire building in the years following the initial year, unless the building becomes exempt
from property taxation.
(c) Except as provided in (b) of this subsection, "property tax allocation revenue value" does not include any
increase in the assessed value of real property after the initial
year.
(d) There is no property tax allocation revenue value if
the assessed value of real property in a revenue development
area has not increased as a result of any of the reasons specified in (a)(i)(A) through (C) of this subsection.
(e) For purposes of this subsection, "initial year" means:
(i) For new construction and improvements to property
added to the assessment roll, the year during which the new
construction and improvements are initially placed on the
assessment roll;
(ii) For the cost of new housing construction, conversion,
and rehabilitation improvements, when such cost is treated as
new construction for purposes of chapter 84.55 RCW, the
year when such cost is treated as new construction for purposes of levying taxes for collection in the following year;
and
(iii) For the cost of rehabilitation of historic property,
when such cost is treated as new construction for purposes of
chapter 84.55 RCW, the year when such cost is treated as
new construction for purposes of levying taxes for collection
in the following year.
(19) "Public improvement costs" means the cost of: (a)
Design, planning, acquisition including land acquisition, site
preparation including land clearing, construction, reconstruction, rehabilitation, improvement, and installation of public
improvements; (b) demolishing, relocating, maintaining, and
operating property pending construction of public improvements; (c) the local government’s portion of relocating utili[Title 39 RCW—page 127]
39.102.020
Title 39 RCW: Public Contracts and Indebtedness
ties as a result of public improvements; (d) financing public
improvements, including interest during construction, legal
and other professional services, taxes, insurance, principal
and interest costs on general indebtedness issued to finance
public improvements, and any necessary reserves for general
indebtedness; (e) assessments incurred in revaluing real property for the purpose of determining the property tax allocation revenue base value that are in excess of costs incurred by
the assessor in accordance with the revaluation plan under
chapter 84.41 RCW, and the costs of apportioning the taxes
and complying with this chapter and other applicable law; (f)
administrative expenses and feasibility studies reasonably
necessary and related to these costs; and (g) any of the abovedescribed costs that may have been incurred before adoption
of the ordinance authorizing the public improvements and the
use of local infrastructure financing to fund the costs of the
public improvements.
(20) "Public improvements" means:
(a) Infrastructure improvements within the revenue
development area that include:
(i) Street, bridge, and road construction and maintenance, including highway interchange construction;
(ii) Water and sewer system construction and improvements, including wastewater reuse facilities;
(iii) Sidewalks, traffic controls, and streetlights;
(iv) Parking, terminal, and dock facilities;
(v) Park and ride facilities of a transit authority;
(vi) Park facilities and recreational areas, including
trails; and
(vii) Storm water and drainage management systems;
(b) Expenditures for facilities and improvements that
support affordable housing as defined in RCW 43.63A.510.
(21) "Real property" has the same meaning as in RCW
84.04.090 and also includes any privately owned improvements located on publicly owned land that are subject to
property taxation.
(22) "Regular property taxes" means regular property
taxes as defined in RCW 84.04.140, except: (a) Regular
property taxes levied by public utility districts specifically for
the purpose of making required payments of principal and
interest on general indebtedness; (b) regular property taxes
levied by the state for the support of the common schools
under RCW 84.52.065; and (c) regular property taxes authorized by RCW 84.55.050 that are limited to a specific purpose. "Regular property taxes" do not include excess property tax levies that are exempt from the aggregate limits for
junior and senior taxing districts as provided in RCW
84.52.043.
(23) "Relocating a business" means the closing of a business and the reopening of that business, or the opening of a
new business that engages in the same activities as the previous business, in a different location within a one-year period,
when an individual or entity has an ownership interest in the
business at the time of closure and at the time of opening or
reopening. "Relocating a business" does not include the closing and reopening of a business in a new location where the
business has been acquired and is under entirely new ownership at the new location, or the closing and reopening of a
business in a new location as a result of the exercise of the
power of eminent domain.
[Title 39 RCW—page 128]
(24) "Revenue development area" means the geographic
area adopted by a sponsoring local government and approved
by the board, from which local excise and property tax allocation revenues are derived for local infrastructure financing.
(25)(a) "Revenues from local public sources" means:
(i) Amounts of local excise tax allocation revenues and
local property tax allocation revenues, dedicated by sponsoring local governments, participating local governments, and
participating taxing districts, for local infrastructure financing; and
(ii) Any other local revenues, except as provided in (b) of
this subsection, including revenues derived from federal and
private sources.
(b) Revenues from local public sources do not include
any local funds derived from state grants, state loans, or any
other state moneys including any local sales and use taxes
credited against the state sales and use taxes imposed under
chapter 82.08 or 82.12 RCW.
(26) "Small business" has the same meaning as provided
in RCW 19.85.020.
(27) "Sponsoring local government" means a city, town,
or county, and for the purpose of this chapter a federally recognized Indian tribe or any combination thereof, that adopts
a revenue development area and applies to the board to use
local infrastructure financing.
(28) "State contribution" means the lesser of:
(a) One million dollars;
(b) The total amount of local excise tax allocation revenues, local property tax allocation revenues, and other revenues from local public sources, that are dedicated by a sponsoring local government, any participating local governments, and participating taxing districts, in the preceding
calendar year to the payment of principal and interest on
bonds issued under RCW 39.102.150 or to pay public
improvement costs on a pay-as-you-go basis subject to RCW
39.102.195, or both;
(c) The amount of project award granted by the board in
the notice of approval to use local infrastructure financing
under RCW 39.102.040; or
(d) The highest amount of state excise tax allocation revenues and state property tax allocation revenues for any one
calendar year as determined by the sponsoring local government and reported to the board and the department as
required by RCW 39.102.140.
(29) "State excise tax allocation revenue" means an
amount equal to the annual increase in state excise taxes estimated to be received by the state in each calendar year following the approval of the revenue development area by the
board, from taxable activity within the revenue development
area as set forth in the application provided to the board under
RCW 39.102.040 and periodically updated and reported as
required in RCW 39.102.140(1)(f).
(30) "State excise taxes" means revenues derived from
state retail sales and use taxes under RCW 82.08.020(1) and
82.12.020 at the rate provided in RCW 82.08.020(1), less the
amount of tax distributions from all local retail sales and use
taxes, other than the local sales and use taxes authorized by
RCW 82.14.475 for the applicable revenue development
area, imposed on the same taxable events that are credited
against the state retail sales and use taxes under chapters
82.08 and 82.12 RCW.
(2010 Ed.)
Local Infrastructure Financing Tool Program
(31) "State property tax allocation revenue" means an
amount equal to the estimated tax revenues derived from the
imposition of property taxes levied by the state for the support of common schools under RCW 84.52.065 on the property tax allocation revenue value, as set forth in the application submitted to the board under RCW 39.102.040 and
updated annually in the report required under RCW
39.102.140(1)(f).
(32) "Taxing district" means a government entity that
levies or has levied for it regular property taxes upon real
property located within a proposed or approved revenue
development area. [2010 c 164 § 11. Prior: 2009 c 267 § 1;
2008 c 209 § 1; 2007 c 229 § 1; 2006 c 181 § 102.]
Expiration date—2010 c 164 §§ 11 and 12: "Sections 11 and 12 of
this act expire June 30, 2039." [2010 c 164 § 13.]
Expiration date—2009 c 267: "This act expires June 30, 2039." [2009
c 267 § 9.]
Expiration date—2008 c 209 § 1: "Section 1 of this act expires June
30, 2039." [2008 c 209 § 2.]
Application—2007 c 229: "This act applies retroactively as well as
prospectively." [2007 c 229 § 15.]
Severability—2007 c 229: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 229 § 16.]
Expiration date—2007 c 229: "This act expires June 30, 2039." [2007
c 229 § 17.]
39.102.030 Creation. (Expires June 30, 2039.) The
local infrastructure financing tool program is created to assist
local governments in financing authorized public infrastructure projects designed to promote economic development in
the jurisdiction. The local infrastructure financing tool program is not created to enable existing Washington-based
businesses from outside a revenue development area to relocate into a revenue development area. [2006 c 181 § 201.]
39.102.030
39.102.040 Application process—Board approval.
(Expires June 30, 2039.) (1) Prior to applying to the board
to use local infrastructure financing, a sponsoring local government shall:
(a) Designate a revenue development area within the
limitations in RCW 39.102.060;
(b) Certify that the conditions in RCW 39.102.070 are
met;
(c) Complete the process in RCW 39.102.080;
(d) Provide public notice as required in RCW
39.102.100; and
(e) Pass an ordinance adopting the revenue development
area as required in RCW 39.102.090.
(2) Any local government that has created an increment
area under chapter 39.89 RCW and has not issued bonds to
finance any public improvement may apply to the board and
have its increment area considered for approval as a revenue
development area under this chapter without adopting a new
revenue development area under RCW 39.102.090 and
39.102.100 if it amends its ordinance to comply with RCW
39.102.090(1) and otherwise meets the conditions and limitations under this chapter.
(3) As a condition to imposing a sales and use tax under
RCW 82.14.475, a sponsoring local government, including
any cosponsoring local government seeking authority to
39.102.040
(2010 Ed.)
39.102.040
impose a sales and use tax under RCW 82.14.475, must apply
to the board and be approved for a project award amount.
The application shall be in a form and manner prescribed by
the board and include but not be limited to information establishing that the applicant is an eligible candidate to impose
the local sales and use tax under RCW 82.14.475, the anticipated effective date for imposing the tax, the estimated number of years that the tax will be imposed, and the estimated
amount of tax revenue to be received in each fiscal year that
the tax will be imposed. The board shall make available
forms to be used for this purpose. As part of the application,
each applicant must provide to the board a copy of the ordinance or ordinances creating the revenue development area
as required in RCW 39.102.090. A notice of approval to use
local infrastructure financing shall contain a project award
that represents the maximum amount of state contribution
that the applicant, including any cosponsoring local governments, can earn each year that local infrastructure financing
is used. The total of all project awards shall not exceed the
annual state contribution limit. The determination of a
project award shall be made based on information contained
in the application and the remaining amount of annual state
contribution limit to be awarded. Determination of a project
award by the board is final.
(4)(a) Sponsoring local governments, and any cosponsoring local governments, applying in calendar year 2007 for
a competitive project award, must submit completed applications to the board no later than July 1, 2007. By September
15, 2007, in consultation with the department of revenue and
the *department of community, trade, and economic development, the board shall approve competitive project awards
from competitive applications submitted by the 2007 deadline. No more than two million five hundred thousand dollars
in competitive project awards shall be approved in 2007. For
projects not approved by the board in 2007, sponsoring and
cosponsoring local governments may apply again to the
board in 2008 for approval of a project.
(b) Sponsoring local governments, and any cosponsoring
local governments, applying in calendar year 2008 for a competitive project award, must submit completed applications to
the board no later than July 1, 2008. By September 18, 2008,
in consultation with the department of revenue and the
*department of community, trade, and economic development, the board shall approve competitive project awards
from competitive applications submitted by the 2008 deadline.
(c) Except as provided in RCW 39.102.050(2), a total of
no more than five million dollars in competitive project
awards shall be approved for local infrastructure financing.
(d) The project selection criteria and weighting developed prior to July 22, 2007, for the application evaluation and
approval process shall apply to applications received prior to
November 1, 2007. In evaluating applications for a competitive project award after November 1, 2007, the board shall, in
consultation with the Washington state economic development commission, develop the relative weight to be assigned
to the following criteria:
(i) The project’s potential to enhance the sponsoring
local government’s regional and/or international competitiveness;
[Title 39 RCW—page 129]
39.102.050
Title 39 RCW: Public Contracts and Indebtedness
(ii) The project’s ability to encourage mixed use and
transit-oriented development and the redevelopment of a geographic area;
(iii) Achieving an overall distribution of projects statewide that reflect geographic diversity;
(iv) The estimated wages and benefits for the project is
greater than the average labor market area;
(v) The estimated state and local net employment change
over the life of the project;
(vi) The current economic health and vitality of the proposed revenue development area and the contiguous community and the estimated impact of the proposed project on the
proposed revenue development area and contiguous community;
(vii) The estimated state and local net property tax
change over the life of the project;
(viii) The estimated state and local sales and use tax
increase over the life of the project;
(ix) An analysis that shows that, over the life of the
project, neither the local excise tax allocation revenues nor
the local property tax allocation revenues will constitute
more than eighty percent of the total local funds as described
in **RCW 39.102.020(29)(c); and
(x) If a project is located within an urban growth area,
evidence that the project utilizes existing urban infrastructure
and that the transportation needs of the project will be adequately met through the use of local infrastructure financing
or other sources.
(e)(i) Except as provided in this subsection (4)(e), the
board may not approve the use of local infrastructure financing within more than one revenue development area per
county.
(ii) In a county in which the board has approved the use
of local infrastructure financing, the use of such financing in
additional revenue development areas may be approved, subject to the following conditions:
(A) The sponsoring local government is located in more
than one county; and
(B) The sponsoring local government designates a revenue development area that comprises portions of a county
within which the use of local infrastructure financing has not
yet been approved.
(iii) In a county where the local infrastructure financing
tool is authorized under RCW 39.102.050, the board may
approve additional use of the local infrastructure financing
tool.
(5) Once the board has approved the sponsoring local
government, and any cosponsoring local governments, to use
local infrastructure financing, notification must be sent by the
board to the sponsoring local government, and any cosponsoring local governments, authorizing the sponsoring local
government, and any cosponsoring local governments, to
impose the local sales and use tax authorized under RCW
82.14.475, subject to the conditions in RCW 82.14.475.
[2007 c 229 § 2; 2006 c 181 § 202.]
Reviser’s note: *(1) The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c
565.
**(2) RCW 39.102.020 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (29)(c) to subsection (28)(b).
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
[Title 39 RCW—page 130]
39.102.050 Demonstration projects. (Expires June
30, 2039.) (1) In addition to a competitive process, demonstration projects are provided to determine the feasibility of
the local infrastructure financing tool. Notwithstanding
RCW 39.102.040, the board shall approve each demonstration project. Demonstration project applications must be
received by the board no later than July 1, 2008. The Bellingham waterfront redevelopment project award shall not
exceed one million dollars per year, the Spokane river district
project award shall not exceed one million dollars per year,
and the Vancouver riverwest project award shall not exceed
five hundred thousand dollars per year. The board shall
approve by September 15, 2007, demonstration project applications submitted no later than July 1, 2007. The board shall
approve by September 18, 2008, demonstration project applications submitted by July 1, 2008.
(2) If before board approval of the final competitive
project award in 2008, a demonstration project has not
received approval by the board, the state dollars set aside for
the demonstration project in subsection (1) of this section
shall be available for the competitive application process. If
a demonstration project has received a partial award before
the approval of the final competitive project award, the
remaining state dollars set aside for the demonstration project
in subsection (1) of this section shall be available for the
competitive process. [2007 c 229 § 3; 2006 c 181 § 203.]
39.102.050
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.060 Limitations on revenue development
areas. (Expires June 30, 2039.) The designation of a revenue development area is subject to the following limitations:
(1) The taxable real property within the revenue development area boundaries may not exceed one billion dollars in
assessed value at the time the revenue development area is
designated;
(2) The average assessed value per square foot of taxable
land within the revenue development area boundaries, as of
January 1st of the year the application is submitted to the
board under RCW 39.102.040, may not exceed seventy dollars at the time the revenue development area is designated;
(3) No revenue development area shall have within its
geographic boundaries any part of a hospital benefit zone
under chapter 39.100 RCW or any part of another revenue
development area created under this chapter;
(4) A revenue development area is limited to contiguous
tracts, lots, pieces, or parcels of land without the creation of
islands of property not included in the revenue development
area;
(5) The boundaries may not be drawn to purposely
exclude parcels where economic growth is unlikely to occur;
(6) The public improvements financed through local
infrastructure financing must be located in the revenue development area;
(7) A revenue development area cannot comprise an area
containing more than twenty-five percent of the total
assessed value of the taxable real property within the boundaries of the sponsoring local government, including any
cosponsoring local government, at the time the revenue
development area is designated;
39.102.060
(2010 Ed.)
Local Infrastructure Financing Tool Program
(8) The boundaries of the revenue development area
shall not be changed for the time period that local infrastructure financing is used; and
(9) A revenue development area cannot include any part
of an increment area created under chapter 39.89 RCW,
except those increment areas created prior to January 1, 2006.
[2007 c 229 § 4; 2006 c 181 § 204.]
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.070 Local infrastructure financing—Conditions. (Expires June 30, 2039.) The use of local infrastructure financing under this chapter is subject to the following
conditions:
(1) No funds may be used to finance, design, acquire,
construct, equip, operate, maintain, remodel, repair, or
reequip public facilities funded with taxes collected under
RCW 82.14.048 or 82.14.390;
(2)(a) Except as provided in (b) of this subsection no
funds may be used for public improvements other than
projects identified within the capital facilities, utilities, housing, or transportation element of a comprehensive plan
required under chapter 36.70A RCW;
(b) Funds may be used for public improvements that are
historical preservation activities as defined in RCW
39.89.020;
(3) The public improvements proposed to be financed in
whole or in part using local infrastructure financing are
expected to encourage private development within the revenue development area and to increase the fair market value of
real property within the revenue development area;
(4) A sponsoring local government, participating local
government, or participating taxing district has entered or
expects to enter into a contract with a private developer relating to the development of private improvements within the
revenue development area or has received a letter of intent
from a private developer relating to the developer’s plans for
the development of private improvements within the revenue
development area;
(5) Private development that is anticipated to occur
within the revenue development area, as a result of the public
improvements, will be consistent with the countywide planning policy adopted by the county under RCW 36.70A.210
and the local government’s comprehensive plan and development regulations adopted under chapter 36.70A RCW;
(6) The governing body of the sponsoring local government, and any cosponsoring local government, must make a
finding that local infrastructure financing:
(a) Is not expected to be used for the purpose of relocating a business from outside the revenue development area,
but within this state, into the revenue development area; and
(b) Will improve the viability of existing business entities within the revenue development area;
(7) The governing body of the sponsoring local government, and any cosponsoring local government, finds that the
public improvements proposed to be financed in whole or in
part using local infrastructure financing are reasonably likely
to:
(a) Increase private residential and commercial investment within the revenue development area;
39.102.070
(2010 Ed.)
39.102.090
(b) Increase employment within the revenue development area;
(c) Improve the viability of any existing communities
that are based on mixed-use development within the revenue
development area; and
(d) Generate, over the period of time that the local option
sales and use tax will be imposed under RCW 82.14.475,
state excise tax allocation revenues and state property tax
allocation revenues derived from the revenue development
area that are equal to or greater than the respective state contributions made under this chapter;
(8) The sponsoring local government may only use local
infrastructure financing in areas deemed in need of economic
development or redevelopment within boundaries of the
sponsoring local government. [2009 c 267 § 2; 2006 c 181 §
205.]
Expiration date—2009 c 267: See note following RCW 39.102.020.
39.102.080 Revenue development area adoption—
Process. (Expires June 30, 2039.) Before adopting an ordinance creating the revenue development area, a sponsoring
local government must:
(1) Obtain written agreement from any participating
local government and participating taxing district to use dedicated amounts of local excise tax allocation revenues, local
property tax allocation revenues, and other revenues from
local public sources in whole or in part, for local infrastructure financing authorized under this chapter. The agreement
to opt into the local infrastructure financing public improvement project must be authorized by the governing body of
such participating local government and participating taxing
district;
(2) Estimate the impact of the revenue development area
on small business and low-income housing and develop a
mitigation plan for the impacted businesses and housing. In
analyzing the impact of the revenue development area, the
sponsoring local government must develop:
(a) An inventory of existing low-income housing units,
and businesses and retail activity within the revenue development area;
(b) A reasonable estimate of the number of low-income
housing units, small businesses, and other commercial activity that may be vulnerable to displacement within the revenue
development area;
(c) A reasonable estimate of projected net job growth
and net housing growth caused by creation of the revenue
development area when compared to the existing jobs or
housing balance for the area; and
(d) A reasonable estimate of the impact of net housing
growth on the current housing price mix. [2006 c 181 § 206.]
39.102.080
39.102.090 Revenue development area adoption—
Ordinance—Hearing and delivery requirements.
(Expires June 30, 2039.) (1) To adopt a revenue development area, a sponsoring local government, and any cosponsoring local government, must adopt an ordinance establishing the revenue development area that:
(a) Describes the public improvements proposed to be
made in the revenue development area;
39.102.090
[Title 39 RCW—page 131]
39.102.100
Title 39 RCW: Public Contracts and Indebtedness
(b) Describes the boundaries of the revenue development
area, subject to the limitations in RCW 39.102.060;
(c) Estimates the cost of the proposed public improvements and the portion of these costs to be financed by local
infrastructure financing;
(d) Estimates the time during which local excise tax allocation revenues, local property tax allocation revenues, and
other revenues from local public sources are to be used for
local infrastructure financing;
(e) Provides the date when the use of local excise tax
allocation revenues and local property tax allocation revenues will commence; and
(f) Finds that the conditions in RCW 39.102.070 are met
and the findings in RCW 39.102.080 are complete.
(2) The sponsoring local government, and any cosponsoring local government, must hold a public hearing on the
proposed financing of the public improvements in whole or
in part with local infrastructure financing before passage of
the ordinance establishing the revenue development area.
The public hearing may be held by either the governing body
of the sponsoring local government and the governing body
of any cosponsoring local government, or by a committee of
those governing bodies that includes at least a majority of the
whole governing body or bodies. The public hearing is subject to the notice requirements in RCW 39.102.100.
(3) The sponsoring local government, and any cosponsoring local government, shall deliver a certified copy of the
adopted ordinance to the county treasurer, the governing
body of each participating local government and participating
taxing district within which the revenue development area is
located, the board, and the department. [2007 c 229 § 5; 2006
c 181 § 207.]
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.100 Revenue development area adoption—
Notice requirements. (Expires June 30, 2039.) Prior to
adopting the ordinance creating the revenue development
area and to meet the requirements of *RCW
39.102.150(1)(b), a sponsoring local government and any
cosponsoring local government must provide public notice.
(1) Notice of the public hearing must be published in a
legal newspaper of general circulation within the proposed
revenue development area at least ten days before the public
hearing and posted in at least six conspicuous public places
located in the proposed revenue development area.
(2) Notice must also be sent by United States mail to the
property owners, all identifiable community-based organizations with involvement in the proposed revenue development
area, and the business enterprises located within the proposed
revenue development area at least thirty days prior to the
hearing. In implementing provisions under this chapter, the
local governing body may also consult with communitybased groups, business organizations, including the local
chamber of commerce, and the office of minority and
women’s business enterprises to assist with providing appropriate notice to business enterprises and property owners for
whom English is a second language.
(3) Notices must describe the contemplated public
improvements, estimate the public improvement costs,
describe the portion of the public improvement costs to be
39.102.100
[Title 39 RCW—page 132]
borne by local infrastructure financing, describe any other
sources of revenue to finance the public improvements,
describe the boundaries of the proposed revenue development area, estimate the impact that the public improvements
will have on small businesses and low-income housing, and
estimate the period during which local infrastructure financing is contemplated to be used.
(4) Notices must inform the public where to obtain the
information that shows how the limitations, conditions, and
findings required in RCW 39.102.060 through 39.102.080
are met.
(5) The sponsoring local government and any cosponsoring local government shall deliver a certified copy of the proposed ordinance to the county treasurer, the governing body
of each participating local government and participating taxing district within which the revenue development area is
located, the board, and the department. [2006 c 181 § 208.]
*Reviser’s note: RCW 39.102.150 was amended by 2009 c 267 § 6,
changing subsection (1)(b) to subsection (1)(a)(ii).
39.102.110 Local excise tax allocation revenues.
(Expires June 30, 2039.) (1) A sponsoring local government
or participating local government that has received approval
by the board to use local infrastructure financing may use
annually its local excise tax allocation revenues to finance
public improvements in the revenue development area
financed in whole or in part by local infrastructure financing.
The use of local excise tax allocation revenues dedicated by
participating local governments must cease on the date specified in the written agreement required in RCW
39.102.080(1), or if no date is specified then the date when
the local tax under RCW 82.14.475 expires. Any participating local government is authorized to dedicate local excise
tax allocation revenues to the sponsoring local government as
authorized in RCW 39.102.080(1).
(2) A sponsoring local government shall provide the
board accurate information describing the geographical
boundaries of the revenue development area at the time of
application. The information shall be provided in an electronic format or manner as prescribed by the department.
The sponsoring local government shall ensure that the boundary information provided to the board and department is kept
current.
(3) In the event a city annexes a county area located
within a county-sponsored revenue development area, the
city shall remit to the county the portion of the local excise
tax allocation revenue that the county would have received
had the area not been annexed to the city. The city shall remit
such revenues until such time as the bonds issued under RCW
39.102.150 are retired. [2009 c 267 § 3; 2007 c 229 § 6; 2006
c 181 § 301.]
39.102.110
Expiration date—2009 c 267: See note following RCW 39.102.020.
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.120 Local property tax allocation revenues.
(Expires June 30, 2039.) (1) Commencing in the second calendar year following board approval of a revenue development area, the county treasurer shall distribute receipts from
regular taxes imposed on real property located in the revenue
development area as follows:
39.102.120
(2010 Ed.)
Local Infrastructure Financing Tool Program
(a) Each participating taxing district and the sponsoring
local government shall receive that portion of its regular
property taxes produced by the rate of tax levied by or for the
taxing district on the property tax allocation revenue base
value for that local infrastructure financing project in the taxing district; and
(b) The sponsoring local government shall receive an
additional portion of the regular property taxes levied by it
and by or for each participating taxing district upon the property tax allocation revenue value within the revenue development area. However, if there is no property tax allocation
revenue value, the sponsoring local government shall not
receive any additional regular property taxes under this subsection (1)(b). The sponsoring local government may agree
to receive less than the full amount of the additional portion
of regular property taxes under this subsection (1)(b) as long
as bond debt service, reserve, and other bond covenant
requirements are satisfied, in which case the balance of these
tax receipts shall be allocated to the participating taxing districts that levied regular property taxes, or have regular property taxes levied for them, in the revenue development area
for collection that year in proportion to their regular tax levy
rates for collection that year. The sponsoring local government may request that the treasurer transfer this additional
portion of the property taxes to its designated agent. The portion of the tax receipts distributed to the sponsoring local
government or its agent under this subsection (1)(b) may only
be expended to finance public improvement costs associated
with the public improvements financed in whole or in part by
local infrastructure financing.
(2) The county assessor shall determine the property tax
allocation revenue value and property tax allocation revenue
base value. This section does not authorize revaluations of
real property by the assessor for property taxation that are not
made in accordance with the assessor’s revaluation plan
under chapter 84.41 RCW or under other authorized revaluation procedures.
(3) The distribution of local property tax allocation revenue to the sponsoring local government must cease when
local property tax allocation revenues are no longer obligated
to pay the costs of the public improvements. Any excess
local property tax allocation revenues and earnings on such
revenues remaining at the time the distribution of local property tax allocation revenue terminates must be returned to the
county treasurer and distributed to the participating taxing
districts that imposed regular property taxes, or had regular
property taxes imposed for it, in the revenue development
area for collection that year, in proportion to the rates of their
regular property tax levies for collection that year.
(4) The allocation to the revenue development area of
that portion of the sponsoring local government’s and each
participating taxing district’s regular property taxes levied by
or for each taxing district upon the property tax allocation
revenue value within that revenue development area is
declared to be a public purpose of and benefit to the sponsoring local government and each participating taxing district.
(5) The distribution of local property tax allocation revenues pursuant to this section shall not affect or be deemed to
affect the rate of taxes levied by or within any sponsoring
local government and participating taxing district or the con(2010 Ed.)
39.102.140
sistency of any such levies with the uniformity requirement
of Article VII, section 1 of the state Constitution.
(6) This section does not apply to those revenue development areas that include any part of an increment area created
under chapter 39.89 RCW. [2009 c 267 § 4; 2007 c 229 § 7;
2006 c 181 § 302.]
Expiration date—2009 c 267: See note following RCW 39.102.020.
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.130 Use of sales and use tax funds. (Expires
June 30, 2039.) Money collected from the taxes imposed
under RCW 82.14.475 may be used only for the purpose of
paying debt service on bonds issued under the authority of
RCW 39.102.150 or to pay public improvement costs on a
pay-as-you-go basis as provided in RCW 39.102.195, or
both. [2007 c 229 § 11; 2006 c 181 § 402.]
39.102.130
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.140 Reporting requirements. (Expires June
30, 2039.) (1) A sponsoring local government shall provide
a report to the board and the department by March 1st of each
year. The report shall contain the following information:
(a) The amount of local excise tax allocation revenues,
local property tax allocation revenues, other revenues from
local public sources, and taxes under RCW 82.14.475
received by the sponsoring local government during the preceding calendar year that were dedicated to pay the public
improvements financed in whole or in part with local infrastructure financing, and a summary of how these revenues
were expended;
(b) The names of any businesses locating within the revenue development area as a result of the public improvements
undertaken by the sponsoring local government and financed
in whole or in part with local infrastructure financing;
(c) The total number of permanent jobs created in the
revenue development area as a result of the public improvements undertaken by the sponsoring local government and
financed in whole or in part with local infrastructure financing;
(d) The average wages and benefits received by all
employees of businesses locating within the revenue development area as a result of the public improvements undertaken by the sponsoring local government and financed in
whole or in part with local infrastructure financing;
(e) That the sponsoring local government is in compliance with RCW 39.102.070; and
(f) Beginning with the reports due March 1, 2010, the
following must also be included:
(i) A list of public improvements financed on a pay-asyou-go basis in previous calendar years and by indebtedness
issued under this chapter;
(ii) The date when any indebtedness issued under this
chapter is expected to be retired;
(iii) At least once every three years, updated estimates of
state excise tax allocation revenues, state property tax allocation revenues, and local excise tax increments, as determined
by the sponsoring local government, that are estimated to
have been received by the state, any participating local government, sponsoring local government, and cosponsoring
39.102.140
[Title 39 RCW—page 133]
39.102.150
Title 39 RCW: Public Contracts and Indebtedness
local government, since the approval of the project award
under RCW 39.102.040 by the board; and
(iv) Any other information required by the department or
the board to enable the department or the board to fulfill its
duties under this chapter and RCW 82.14.475.
(2) The board shall make a report available to the public
and the legislature by June 1st of each even-numbered year.
The report shall include a list of public improvements undertaken by sponsoring local governments and financed in
whole or in part with local infrastructure financing and it
shall also include a summary of the information provided to
the department by sponsoring local governments under subsection (1) of this section.
(3) The department, upon request, must assist a sponsoring local government in estimating the amount of state excise
tax allocation revenues and local excise tax increments
required in subsection (1)(f)(iii) of this section. [2009 c 518
§ 12; 2009 c 267 § 5; 2007 c 229 § 9; 2006 c 181 § 403.]
Reviser’s note: This section was amended by 2009 c 267 § 5 and by
2009 c 518 § 12, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Expiration date—2009 c 518 § 12: "Section 12 of this act expires June
30, 2039." [2009 c 518 § 25.]
Expiration date—2009 c 267: See note following RCW 39.102.020.
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.150 Issuance of general obligation bonds.
(Expires June 30, 2039.) (1) A sponsoring local government
that has designated a revenue development area and been
authorized the use of local infrastructure financing may incur
general indebtedness, including issuing general obligation
bonds, to finance the public improvements and retire the
indebtedness in whole or in part from local excise tax allocation revenues, local property tax allocation revenues, and
sales and use taxes imposed under the authority of RCW
82.14.475 that it receives, subject to the following requirements:
(a)(i) The ordinance adopted by the sponsoring local
government and authorizing the use of local infrastructure
financing indicates an intent to incur this indebtedness and
the maximum amount of this indebtedness that is contemplated; and
(ii) The sponsoring local government includes this statement of the intent in all notices required by RCW 39.102.100;
or
(b) The sponsoring local government adopts a resolution,
after opportunity for public comment, that indicates an intent
to incur this indebtedness and the maximum amount of this
indebtedness that is contemplated.
(2)(a) Except as provided in (b) of this subsection, the
general indebtedness incurred under subsection (1) of this
section may be payable from other tax revenues, the full faith
and credit of the local government, and nontax income, revenues, fees, and rents from the public improvements, as well
as contributions, grants, and nontax money available to the
local government for payment of costs of the public improvements or associated debt service on the general indebtedness.
(b) A sponsoring local government that issues bonds
under this section shall not pledge any money received from
39.102.150
[Title 39 RCW—page 134]
the state of Washington for the payment of such bonds, other
than the local sales and use taxes imposed under the authority
of RCW 82.14.475 and collected by the department.
(3) In addition to the requirements in subsection (1) of
this section, a sponsoring local government designating a revenue development area and authorizing the use of local infrastructure financing may require the nonpublic participant to
provide adequate security to protect the public investment in
the public improvement within the revenue development
area.
(4) Bonds issued under this section shall be authorized
by ordinance of the governing body of the sponsoring local
government and may be issued in one or more series and shall
bear such date or dates, be payable upon demand or mature at
such time or times, bear interest at such rate or rates, be in
such denomination or denominations, be in such form either
coupon or registered as provided in RCW 39.46.030, carry
such conversion or registration privileges, have such rank or
priority, be executed in such manner, be payable in such
medium of payment, at such place or places, and be subject to
such terms of redemption with or without premium, be
secured in such manner, and have such other characteristics,
as may be provided by such ordinance or trust indenture or
mortgage issued pursuant thereto.
(5) The sponsoring local government may annually pay
into a fund to be established for the benefit of bonds issued
under this section a fixed proportion or a fixed amount of any
local excise tax allocation revenues and local property tax
allocation revenues derived from property or business activity within the revenue development area containing the public improvements funded by the bonds, such payment to continue until all bonds payable from the fund are paid in full.
The local government may also annually pay into the fund
established in this section a fixed proportion or a fixed
amount of any revenues derived from taxes imposed under
RCW 82.14.475, such payment to continue until all bonds
payable from the fund are paid in full. Revenues derived
from taxes imposed under RCW 82.14.475 are subject to the
use restriction in RCW 39.102.130.
(6) In case any of the public officials of the sponsoring
local government whose signatures appear on any bonds or
any coupons issued under this chapter shall cease to be such
officials before the delivery of such bonds, such signatures
shall, nevertheless, be valid and sufficient for all purposes,
the same as if such officials had remained in office until such
delivery. Any provision of any law to the contrary notwithstanding, any bonds issued under this chapter are fully negotiable.
(7) Notwithstanding subsections (4) through (6) of this
section, bonds issued under this section may be issued and
sold in accordance with chapter 39.46 RCW. [2009 c 267 §
6; 2007 c 229 § 10; 2006 c 181 § 501.]
Expiration date—2009 c 267: See note following RCW 39.102.020.
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.160 Use of tax revenue for bond repayment.
(Expires June 30, 2039.) A sponsoring local government
that issues bonds under RCW 39.102.150 to finance public
improvements may pledge for the payment of such bonds all
or part of any local excise tax allocation revenues and all or
39.102.160
(2010 Ed.)
Local Infrastructure Financing Tool Program
part of any local property tax allocation revenues dedicated
by the sponsoring local government, any participating local
government, or participating taxing district. The sponsoring
local government may also pledge all or part of any revenues
derived from taxes imposed under RCW 82.14.475 and held
in connection with the public improvements. All of such tax
revenues are subject to the use restrictions in RCW
39.102.040 through 39.102.070, and the process requirements in RCW 39.102.080(1). [2006 c 181 § 502.]
39.102.170 Limitation on bonds issued. (Expires
June 30, 2039.) The bonds issued by a sponsoring local government under RCW 39.102.150 to finance public improvements shall not constitute an obligation of the state of Washington, either general or special. [2006 c 181 § 503.]
39.102.170
39.102.190
39.102.190 Revenue bonds to fund public improvements. (Expires June 30, 2039.) (1) A sponsoring local
government may issue revenue bonds to fund revenue-generating public improvements, or portions of public improvements, that are located within a revenue development area.
Whenever revenue bonds are to be issued, the legislative
authority of the sponsoring local government shall create or
have created a special fund or funds from which, along with
any reserves created pursuant to RCW 39.44.140, the principal and interest on these revenue bonds shall exclusively be
payable. The legislative authority of the sponsoring local
government may obligate the sponsoring local government to
set aside and pay into the special fund or funds a fixed proportion or a fixed amount of the revenues from the public
improvements that are funded by the revenue bonds. This
amount or proportion is a lien and charge against these revenues, subject only to operating and maintenance expenses.
The sponsoring local government shall have due regard for
the cost of operation and maintenance of the public improvements that are funded by the revenue bonds, and shall not set
aside into the special fund or funds a greater amount or proportion of the revenues that in its judgment will be available
over and above the cost of maintenance and operation and the
amount or proportion, if any, of the revenue previously
pledged. The sponsoring local government may also provide
that revenue bonds payable out of the same source or sources
of revenue may later be issued on a parity with any revenue
bonds being issued and sold.
(2) Revenue bonds issued pursuant to this section are not
an indebtedness of the sponsoring local government issuing
the bonds, and the interest and principal on the bonds shall
only be payable from the revenues lawfully pledged to meet
the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The owner or bearer of a
revenue bond or any interest coupon issued pursuant to this
section shall not have any claim against the sponsoring local
government arising from the bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The substance of the limitations
included in this subsection shall be plainly printed, written, or
engraved on each bond issued pursuant to this section.
(3) Revenue bonds with a maturity in excess of twentyfive years shall not be issued. The legislative authority of the
(2010 Ed.)
39.102.200
sponsoring local government shall by resolution determine
for each revenue bond issue the amount, date, form, terms,
conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights,
registration privileges, manner of execution, manner of sale,
callable provisions, if any, and covenants including the
refunding of existing revenue bonds. Facsimile signatures
may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same manner as revenue
bonds are issued.
(4) Notwithstanding subsections (1) through (3) of this
section, bonds issued under this section may be issued and
sold in accordance with chapter 39.46 RCW. [2006 c 181 §
505.]
39.102.195 Limitation on use of revenues. (Expires
June 30, 2039.) To the extent that amounts received as local
excise tax allocation revenues, local property tax allocation
revenues, other revenues from local public sources, that are
dedicated to local infrastructure financing, and revenues
received from the local option sales and use tax authorized in
RCW 82.14.475, are set aside in a debt service fund that is
pledged to the repayment of bonds, those amounts so set
aside and pledged may not be used to pay for public improvement costs on a pay-as-you-go basis after the date that the
sponsoring local government that issued the bonds as provided in RCW 39.102.150 is required to begin paying debt
service on those bonds, unless and until those bonds to which
the amounts have been so pledged have been retired. [2009 c
267 § 7; 2007 c 229 § 14.]
39.102.195
Expiration date—2009 c 267: See note following RCW 39.102.020.
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.200 Joint legislative audit and review committee reports. (Expires June 30, 2039.) Beginning September
1, 2013, and continuing every five years thereafter, the joint
legislative audit and review committee shall submit a report
to the appropriate committees of the legislature.
(1) The report shall, at a minimum, evaluate the effectiveness of the local infrastructure financing tool program,
including a project-by-project review. The report shall evaluate the project’s interim results based on the selection criteria. The report shall also measure:
(a) Employment changes in the revenue development
area;
(b) Property tax changes in the revenue development
area;
(c) Sales and use tax changes in the revenue development area;
(d) Property value changes in the revenue development
area; and
(e) Changes in housing and existing commercial activities based on the impact analysis and mitigation plan required
in RCW 39.102.080(2).
(2) The report that is due September 1, 2028, should also
include any recommendations regarding whether or not the
program should be expanded statewide and what impact the
expansion would have on economic development in Washington. [2006 c 181 § 601.]
39.102.200
[Title 39 RCW—page 135]
39.102.210
Title 39 RCW: Public Contracts and Indebtedness
39.102.210 Program evaluation. (Expires June 30,
2039.) The department of revenue and the community economic revitalization board shall evaluate and periodically
report on the implementation of the local infrastructure
financing [tool] program to the governor and legislature as
the department and the board deems appropriate and recommend such amendments, changes in, and modifications of
chapter 181, Laws of 2006 as seem proper. [2006 c 181 §
701.]
39.102.210
39.102.220 Administration by department and
board. (Expires June 30, 2039.) The department of revenue
and the community economic revitalization board may adopt
any rules under chapter 34.05 RCW they consider necessary
for the administration of this chapter. [2007 c 229 § 13.]
39.102.220
Application—Severability—Expiration date—2007 c 229: See notes
following RCW 39.102.020.
39.102.900 Captions and part headings not law—
2006 c 181. Captions and part headings used in this act are
not any part of the law. [2006 c 181 § 703.]
39.102.900
39.102.901 Severability—2006 c 181. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2006 c 181 § 704.]
39.102.901
39.102.902 Construction—2006 c 181. Nothing in this
act shall be construed to give port districts the authority to
impose a sales or use tax under chapter 82.14 RCW. [2006 c
181 § 705.]
39.102.902
39.102.903 Effective date—2006 c 181. This act takes
effect July 1, 2006. [2006 c 181 § 706.]
39.102.903
39.102.904 Expiration date—2006 c 181. This act
expires June 30, 2039. [2006 c 181 § 707.]
39.102.904
Chapter 39.104 RCW
LOCAL REVITALIZATION FINANCING
Chapter 39.104
Sections
39.104.010
39.104.020
39.104.030
39.104.040
39.104.050
39.104.060
39.104.070
39.104.080
39.104.090
39.104.100
39.104.110
39.104.120
39.104.130
39.104.140
39.104.150
39.104.900
39.104.901
Finding.
Definitions.
Conditions.
Creation of revitalization area.
Limitations on revitalization areas.
Use of property tax allocation revenues for revitalization
financing—Opting out—Partial participation.
Participating in revitalization financing—Interlocal agreement—Imposition of sales and use tax—Ordinance to opt
out—Notice.
Local property tax allocation revenues—Distribution—Determination—Termination—Exception.
Local sales and use tax increments.
Application process—Department of revenue approval.
Issuance of general obligation bonds.
Use of tax revenue for bond repayment.
Limitation on bonds issued.
Construction—Port districts—Authority.
Administration by the department—Adoption of rules.
Severability—2009 c 270.
Captions and part headings not law—2009 c 270.
[Title 39 RCW—page 136]
39.104.010 Finding. The legislature recognizes that the
state as a whole benefits from investment in public infrastructure because it promotes community and economic development. Public investment stimulates business activity and
helps create jobs, stimulates the redevelopment of brownfields and blighted areas in the inner city, lowers the cost of
housing, and promotes efficient land use. The legislature
finds that these activities generate revenue for the state and
that it is in the public interest to invest in these projects
through a credit against the state sales and use tax to those
local governments that can demonstrate the expected returns
to the state. [2009 c 270 § 101.]
39.104.010
39.104.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Annual state contribution limit" means two million
five hundred thousand dollars statewide per fiscal year, plus
the additional amounts approved for demonstration projects
in RCW 82.14.505.
(2) "Assessed value" means the valuation of taxable real
property as placed on the last completed assessment roll.
(3) "Bond" means a bond, a note or other evidence of
indebtedness, including but not limited to a lease-purchase
agreement or an executory conditional sales contract.
(4) "Department" means the department of revenue.
(5) "Fiscal year" means the twelve-month period beginning July 1st and ending the following June 30th.
(6) "Local government" means any city, town, county,
and port district.
(7) "Local property tax allocation revenue" means those
tax revenues derived from the receipt of regular property
taxes levied on the property tax allocation revenue value and
used for local revitalization financing.
(8) "Local revitalization financing" means the use of revenues from local public sources, dedicated to pay the principal and interest on bonds authorized under RCW 39.104.110
and public improvement costs within the revitalization area
on a pay-as-you-go basis, and revenues received from the
local option sales and use tax authorized in RCW 82.14.510,
dedicated to pay the principal and interest on bonds authorized under RCW 39.104.110.
(9) "Local sales and use tax increment" means the estimated annual increase in local sales and use taxes as determined by the local government in the calendar years following the approval of the revitalization area by the department
from taxable activity within the revitalization area.
(10) "Local sales and use taxes" means local revenues
derived from the imposition of sales and use taxes authorized
in RCW 82.14.030.
(11) "Ordinance" means any appropriate method of taking legislative action by a local government.
(12) "Participating local government" means a local government having a revitalization area within its geographic
boundaries that has taken action as provided in RCW
39.104.070(1) to allow the use of all or some of its local sales
and use tax increment or other revenues from local public
sources dedicated for local revitalization financing.
(13) "Participating taxing district" means a taxing district
that:
39.104.020
(2010 Ed.)
Local Revitalization Financing
(a) Has a revitalization area wholly or partially within its
geographic boundaries;
(b) Levies or has levied for it regular property taxes as
defined in this section; and
(c) Has not taken action as provided in RCW
39.104.060(2).
(14) "Property tax allocation revenue base value" means
the assessed value of real property located within a revitalization area, less the property tax allocation revenue value.
(15)(a)(i) "Property tax allocation revenue value" means
seventy-five percent of any increase in the assessed value of
real property in a revitalization area resulting from:
(A) The placement of new construction, improvements
to property, or both, on the assessment roll, where the new
construction and improvements are initiated after the revitalization area is approved by the department;
(B) The cost of new housing construction, conversion,
and rehabilitation improvements, when the cost is treated as
new construction for purposes of chapter 84.55 RCW as provided in RCW 84.14.020, and the new housing construction,
conversion, and rehabilitation improvements are initiated
after the revitalization area is approved by the department;
(C) The cost of rehabilitation of historic property, when
the cost is treated as new construction for purposes of chapter
84.55 RCW as provided in RCW 84.26.070, and the rehabilitation is initiated after the revitalization area is approved by
the department.
(ii) Increases in the assessed value of real property in a
revitalization area resulting from (a)(i)(A) through (C) of this
subsection are included in the property tax allocation revenue
value in the initial year. These same amounts are also
included in the property tax allocation revenue value in subsequent years unless the property becomes exempt from
property taxation.
(b) "Property tax allocation revenue value" includes seventy-five percent of any increase in the assessed value of new
construction consisting of an entire building in the years following the initial year, unless the building becomes exempt
from property taxation.
(c) Except as provided in (b) of this subsection, "property tax allocation revenue value" does not include any
increase in the assessed value of real property after the initial
year.
(d) There is no property tax allocation revenue value if
the assessed value of real property in a revitalization area has
not increased as a result of any of the reasons specified in
(a)(i)(A) through (C) of this subsection.
(e) For purposes of this subsection, "initial year" means:
(i) For new construction and improvements to property
added to the assessment roll, the year during which the new
construction and improvements are initially placed on the
assessment roll;
(ii) For the cost of new housing construction, conversion,
and rehabilitation improvements, when the cost is treated as
new construction for purposes of chapter 84.55 RCW, the
year when the cost is treated as new construction for purposes
of levying taxes for collection in the following year; and
(iii) For the cost of rehabilitation of historic property,
when the cost is treated as new construction for purposes of
chapter 84.55 RCW, the year when such cost is treated as
(2010 Ed.)
39.104.020
new construction for purposes of levying taxes for collection
in the following year.
(16) "Public improvement costs" means the costs of:
(a) Design, planning, acquisition, including land acquisition, site preparation including land clearing, construction,
reconstruction, rehabilitation, improvement, and installation
of public improvements;
(b) Demolishing, relocating, maintaining, and operating
property pending construction of public improvements;
(c) Relocating utilities as a result of public improvements;
(d) Financing public improvements, including interest
during construction, legal and other professional services,
taxes, insurance, principal and interest costs on general
indebtedness issued to finance public improvements, and any
necessary reserves for general indebtedness; and
(e) Administrative expenses and feasibility studies reasonably necessary and related to these costs, including related
costs that may have been incurred before adoption of the
ordinance authorizing the public improvements and the use
of local revitalization financing to fund the costs of the public
improvements.
(17) "Public improvements" means:
(a) Infrastructure improvements within the revitalization
area that include:
(i) Street, road, bridge, and rail construction and maintenance;
(ii) Water and sewer system construction and improvements;
(iii) Sidewalks, streetlights, landscaping, and streetscaping;
(iv) Parking, terminal, and dock facilities;
(v) Park and ride facilities of a transit authority;
(vi) Park facilities, recreational areas, and environmental
remediation;
(vii) Storm water and drainage management systems;
(viii) Electric, gas, fiber, and other utility infrastructures;
and
(b) Expenditures for any of the following purposes:
(i) Providing environmental analysis, professional management, planning, and promotion within the revitalization
area, including the management and promotion of retail trade
activities in the revitalization area;
(ii) Providing maintenance and security for common or
public areas in the revitalization area; or
(iii) Historic preservation activities authorized under
RCW 35.21.395.
(18) "Real property" has the same meaning as in RCW
84.04.090 and also includes any privately owned improvements located on publicly owned land that are subject to
property taxation.
(19)(a) "Regular property taxes" means regular property
taxes as defined in RCW 84.04.140, except: (i) Regular
property taxes levied by public utility districts specifically for
the purpose of making required payments of principal and
interest on general indebtedness; (ii) regular property taxes
levied by the state for the support of common schools under
RCW 84.52.065; and (iii) regular property taxes authorized
by RCW 84.55.050 that are limited to a specific purpose.
(b) "Regular property taxes" do not include:
[Title 39 RCW—page 137]
39.104.030
Title 39 RCW: Public Contracts and Indebtedness
(i) Excess property tax levies that are exempt from the
aggregate limits for junior and senior taxing districts as provided in RCW 84.52.043; and
(ii) Property taxes that are specifically excluded through
an interlocal agreement between the sponsoring local government and a participating taxing district as set forth in RCW
39.104.060(3).
(20)(a) "Revenues from local public sources" means:
(i) The local sales and use tax amounts received as a
result of interlocal agreement, local sales and use tax amounts
from sponsoring local governments based on its local sales
and use tax increment, and local property tax allocation revenues, which are dedicated by a sponsoring local government,
participating local governments, and participating taxing districts, for payment of bonds under RCW 39.104.110 or public
improvement costs within the revitalization area on a pay-asyou-go basis; and
(ii) Any other local revenues, except as provided in (b) of
this subsection, including revenues derived from federal and
private sources and amounts received by taxing districts as
set forth by an interlocal agreement as described in RCW
39.104.060(4), which are dedicated for the payment of bonds
under RCW 39.104.110 or public improvement costs within
the revitalization area on a pay-as-you-go basis.
(b) Revenues from local public sources do not include
any local funds derived from state grants, state loans, or any
other state moneys including any local sales and use taxes
credited against the state sales and use taxes imposed under
chapter 82.08 or 82.12 RCW.
(21) "Revitalization area" means the geographic area
adopted by a sponsoring local government and approved by
the department, from which local sales and use tax increments are estimated and property tax allocation revenues are
derived for local revitalization financing.
(22) "Sponsoring local government" means a city, town,
county, or any combination thereof, that adopts a revitalization area.
(23) "State contribution" means the lesser of:
(a) Five hundred thousand dollars;
(b) The project award amount approved by the department as provided in RCW 39.104.100 or 82.14.505; or
(c) The total amount of revenues from local public
sources dedicated in the preceding calendar year to the payment of principal and interest on bonds issued under RCW
39.104.110 and public improvement costs within the revitalization area on a pay-as-you-go basis. Revenues from local
public sources dedicated in the preceding calendar year that
are in excess of the project award may be carried forward and
used in later years for the purpose of this subsection (23)(c).
(24) "State property tax increment" means the estimated
amount of annual tax revenues estimated to be received by
the state from the imposition of property taxes levied by the
state for the support of common schools under RCW
84.52.065 on the property tax allocation revenue value, as
determined by the sponsoring local government in an application under RCW 39.104.100 and updated periodically as
required in RCW 82.32.765.
(25) "State sales and use tax increment" means the estimated amount of annual increase in state sales and use taxes
to be received by the state from taxable activity within the
revitalization area in the years following the approval of the
[Title 39 RCW—page 138]
revitalization area by the department as determined by the
sponsoring local government in an application under RCW
39.104.100 and updated periodically as required in RCW
82.32.765.
(26) "State sales and use taxes" means state retail sales
and use taxes under RCW 82.08.020(1) and 82.12.020 at the
rate provided in RCW 82.08.020(1), less the amount of tax
distributions from all local retail sales and use taxes, other
than the local sales and use taxes authorized by RCW
82.14.510 for the applicable revitalization area, imposed on
the same taxable events that are credited against the state
retail sales and use taxes under RCW 82.08.020(1) and
82.12.020.
(27) "Taxing district" means a government entity that
levies or has levied for it regular property taxes upon real
property located within a proposed or approved revitalization
area. [2010 c 164 § 1; 2009 c 270 § 102.]
39.104.030 Conditions. A local government may
finance public improvements using local revitalization
financing subject to the following conditions:
(1) The local government has adopted an ordinance designating a revitalization area within its boundaries and specified the public improvements proposed to be financed in
whole or in part with the use of local revitalization financing;
(2) The public improvements proposed to be financed in
whole or in part using local revitalization financing are
expected to encourage private development within the revitalization area and to increase the fair market value of real
property within the revitalization area;
(3) The local government has entered into a contract with
a private developer relating to the development of private
improvements within the revitalization area or has received a
letter of intent from a private developer relating to the developer’s plans for the development of private improvements
within the revitalization area;
(4) Private development that is anticipated to occur
within the revitalization area, as a result of the public
improvements, will be consistent with the countywide planning policy adopted by the county under RCW 36.70A.210
and the local government’s comprehensive plan and development regulations adopted under chapter 36.70A RCW;
(5) The local government may not use local revitalization financing to finance the costs associated with the financing, design, acquisition, construction, equipping, operating,
maintaining, remodeling, repairing, and reequipping of public facilities funded with taxes collected under RCW
82.14.048 or 82.14.390;
(6) The governing body of the local government must
make a finding that local revitalization financing:
(a) Will not be used for the purpose of relocating a business from outside the revitalization area, but within this state,
into the revitalization area unless convincing evidence is provided that the firm being relocated would otherwise leave the
state;
(b) Will improve the viability of existing business entities within the revitalization area; and
(c) Will be used exclusively in areas within the jurisdiction of the local government deemed in need of either economic development or redevelopment, or both, and absent
the financing available under this chapter and RCW
39.104.030
(2010 Ed.)
Local Revitalization Financing
82.14.510 and 82.14.515 the proposed economic development or redevelopment would more than likely not occur;
and
(7) The governing body of the local government finds
that the public improvements proposed to be financed in
whole or in part using local revitalization financing are reasonably likely to:
(a) Increase private investment within the revitalization
area;
(b) Increase employment within the revitalization area;
and
(c) Generate, over the period of time that the local sales
and use tax will be imposed under RCW 82.14.510, increases
in state and local property, sales, and use tax revenues that are
equal to or greater than the respective state and local contributions made under this chapter. [2009 c 270 § 103.]
39.104.040 Creation of revitalization area. (1) Before
adopting an ordinance creating the revitalization area, a sponsoring local government must:
(a) Provide notice to all taxing districts that levy or have
levied for it regular property taxes and local governments
with geographic boundaries within the proposed revitalization area of the sponsoring local government’s intent to create a revitalization area. Notice must be provided in writing
to the governing body of the taxing districts and local governments at least sixty days in advance of the public hearing as
required by (b) of this subsection. The notice must include at
least the following information:
(i) The name of the proposed revitalization area;
(ii) The date for the public hearing as required by (b) of
this subsection;
(iii) The earliest anticipated date when the sponsoring
local government will take action to adopt the proposed revitalization area; and
(iv) The name of a contact person with phone number of
the sponsoring local government and mailing address where
a copy of an ordinance adopted under RCW 39.104.050 and
39.104.060 may be sent; and
(b) Hold a public hearing on the proposed financing of
the public improvements in whole or in part with local revitalization financing. Notice of the public hearing must be
published in a legal newspaper of general circulation within
the proposed revitalization area at least ten days before the
public hearing and posted in at least six conspicuous public
places located in the proposed revitalization area. Notices
must describe the contemplated public improvements, estimate the costs of the public improvements, describe the portion of the costs of the public improvements to be borne by
local revitalization financing, describe any other sources of
revenue to finance the public improvements, describe the
boundaries of the proposed revitalization area, and estimate
the period during which local revitalization financing is contemplated to be used. The public hearing may be held by
either the governing body of the sponsoring local government, or a committee of the governing body that includes at
least a majority of the whole governing body.
(2) To create a revitalization area, a sponsoring local
government must adopt an ordinance establishing the revitalization area that:
39.104.040
(2010 Ed.)
39.104.050
(a) Describes the public improvements proposed to be
made in the revitalization area;
(b) Describes the boundaries of the revitalization area,
subject to the limitations in RCW 39.104.050;
(c) Estimates the cost of the proposed public improvements and the portion of these costs to be financed by local
revitalization financing;
(d) Estimates the time during which local property tax
allocation revenues, and other revenues from local public
sources, such as amounts of local sales and use taxes from
participating local governments, are to be used for local revitalization financing;
(e) Provides the date when the use of local property tax
allocation revenues will commence and a list of the participating taxing districts and the regular property taxes that
must be used to calculate property tax allocation revenues;
(f) Finds that all of the requirements in RCW 39.104.030
are met;
(g) Provides the anticipated rate of sales and use tax
under RCW 82.14.510 that the local government will impose
if awarded a state contribution under RCW 39.104.100;
(h) Provides the anticipated date when the criteria for the
sales and use tax in RCW 82.14.510 will be met and the anticipated date when the sales and use tax in RCW 82.14.510 will
be imposed.
(3) The sponsoring local government must deliver a certified copy of the adopted ordinance to the county treasurer,
county assessor, the governing body of each participating
taxing authority and participating taxing district within which
the revitalization area is located, and the department. [2010 c
164 § 2; 2009 c 270 § 104.]
39.104.050 Limitations on revitalization areas. The
designation of a revitalization area is subject to the following
limitations:
(1)(a) Except as provided in (b) of this subsection, no
revitalization area may have within its geographic boundaries
any part of a hospital benefit zone under chapter 39.100
RCW, any part of a revenue development area created under
chapter 39.102 RCW, any part of an increment area under
chapter 39.89 RCW, or any part of another revitalization area
under this chapter;
(b) A revitalization area’s boundaries may include all or
a portion of an existing increment area if:
(i) The state of Washington has loaned money for environmental cleanup on such area in order to stimulate redevelopment of brownfields;
(ii) The environmental cleanup, for which the state’s
loans were intended, has been completed; and
(iii) The sponsoring local government determines the
creation of the revitalization area is necessary for redevelopment and protecting the state’s investment by increasing
property tax revenue;
(2) A revitalization area is limited to contiguous tracts,
lots, pieces, or parcels of land without the creation of islands
of property not included in the revitalization area;
(3) The boundaries may not be drawn to purposely
exclude parcels where economic growth is unlikely to occur;
(4) The public improvements financed through bonds
issued under RCW 39.104.110 must be located in the revitalization area;
39.104.050
[Title 39 RCW—page 139]
39.104.060
Title 39 RCW: Public Contracts and Indebtedness
(5) A revitalization area cannot comprise an area containing more than twenty-five percent of the total assessed
value of the taxable real property within the boundaries of the
sponsoring local government at the time the revitalization
area is created;
(6) The boundaries of the revitalization area may not be
changed for the time period that local property tax allocation
revenues, local sales and use taxes of participating local governments, and the local sales and use tax under RCW
82.14.510 are used to pay bonds issued under RCW
39.104.110 and public improvement costs within the revitalization area on a pay-as-you-go basis, as provided under this
chapter; and
(7) A revitalization area must be geographically
restricted to the location of the public improvement and adjacent locations that the sponsoring local government finds to
have a high likelihood of receiving direct positive business
and economic impacts due to the public improvement, such
as a neighborhood or a block. [2010 c 164 § 3; 2009 c 270 §
105.]
39.104.060
39.104.060 Use of property tax allocation revenues
for revitalization financing—Opting out—Partial participation. (1) Participating taxing districts must allow the use
of all of their local property tax allocation revenues for local
revitalization financing.
(2)(a) If a taxing district does not want to allow the use
of its property tax revenues for the local revitalization financing of public improvements in a revitalization area, its governing body must adopt an ordinance to remove itself as a
participating taxing district and must notify the sponsoring
local government.
(b) The taxing district must provide a copy of the
adopted ordinance and notice to the sponsoring local government creating the revitalization area before the anticipated
date that the sponsoring local government proposes to adopt
the ordinance creating the revitalization area as provided in
the notice required by RCW 39.104.040(1)(a).
(3) If a taxing district wants to become a participating
taxing district by allowing one or more but not all of its regular property tax levies to be used for the calculation of local
property tax allocation revenues, it may do so through an
interlocal agreement specifying the regular property taxes
that will be used for calculating its local property tax allocation revenues. This subsection does not authorize a taxing
district to allow the use of only part of one or more of its regular property tax levies by the sponsoring local government.
(4) If a taxing district wants to participate on a partial
basis by providing a specified amount of money to a sponsoring local government to be used for local revitalization
financing for a specified amount of time, it may do so through
an interlocal agreement. However, the taxing district must
adopt an ordinance as described in subsection (2) of this section to remove itself as a participating taxing district for purposes of calculating property tax allocation revenues and
instead partially participate through an interlocal agreement
outlining the specifics of its participation. [2010 c 164 § 4;
2009 c 270 § 106.]
[Title 39 RCW—page 140]
39.104.070 Participating in revitalization financing—Interlocal agreement—Imposition of sales and use
tax—Ordinance to opt out—Notice. (1) A participating
local government must enter into an interlocal agreement as
provided in chapter 39.34 RCW to participate in local revitalization financing with the sponsoring local government.
(2)(a) If a local government that imposes a sales and use
tax under RCW 82.14.030 does not want to participate in the
local revitalization financing of public improvements in a
revitalization area, its governing body must adopt an ordinance and notify the sponsoring local government that the
taxing authority will not be a participating local government.
(b) The local government must provide a copy of the
adopted ordinance and the notice to the sponsoring local government creating the revitalization area before the anticipated
date that the sponsoring local government proposes to adopt
an ordinance creating the revitalization area as provided in
the notice required by RCW 39.104.040(1)(a). [2009 c 270 §
107.]
39.104.070
39.104.080 Local property tax allocation revenues—
Distribution—Determination—Termination—Exception. (1) Commencing in the second calendar year following
the creation of a revitalization area by a sponsoring local government, the county treasurer must distribute receipts from
regular taxes imposed on real property located in the revitalization area as follows:
(a) Each participating taxing district and the sponsoring
local government must receive that portion of its regular
property taxes produced by the rate of tax levied by or for the
taxing district on the property tax allocation revenue base
value for that local revitalization financing project in the taxing district; and
(b) The sponsoring local government must receive an
additional portion of the regular property taxes levied by it
and by or for each participating taxing district upon the property tax allocation revenue value within the revitalization
area. However, if there is no property tax allocation revenue
value, the sponsoring local government may not receive any
additional regular property taxes under this subsection (1)(b).
The sponsoring local government may agree to receive less
than the full amount of the additional portion of regular property taxes under this subsection (1)(b) as long as bond debt
service, reserve, and other bond covenant requirements are
satisfied, in which case the balance of these tax receipts shall
be allocated to the participating taxing districts that levied
regular property taxes, or have regular property taxes levied
for them, in the revitalization area for collection that year in
proportion to their regular tax levy rates for collection that
year. The sponsoring local government may request that the
treasurer transfer this additional portion of the property taxes
to its designated agent. The portion of the tax receipts distributed to the sponsoring local government or its agent under
this subsection (1)(b) may only be expended to finance public
improvement costs associated with the public improvements
financed in whole or in part by local revitalization financing.
(2) The county assessor must determine the property tax
allocation revenue value and property tax allocation revenue
base value. This section does not authorize revaluations of
real property by the assessor for property taxation that are not
made in accordance with the assessor’s revaluation plan
39.104.080
(2010 Ed.)
Local Revitalization Financing
under chapter 84.41 RCW or under other authorized revaluation procedures.
(3) The distribution of local property tax allocation revenue to the sponsoring local government must cease when
local property tax allocation revenues are no longer obligated
to pay the costs of the public improvements. Any excess
local property tax allocation revenues, and earnings on the
revenues, remaining at the time the distribution of local property tax allocation revenue terminates, must be returned to the
county treasurer and distributed to the participating taxing
districts that imposed regular property taxes, or had regular
property taxes imposed for it, in the revitalization area for
collection that year, in proportion to the rates of their regular
property tax levies for collection that year.
(4) The allocation to the revitalization area of that portion of the sponsoring local government’s and each participating taxing district’s regular property taxes levied upon the
property tax allocation revenue value within that revitalization area is declared to be a public purpose of and benefit to
the sponsoring local government and each participating taxing district.
(5) The distribution of local property tax allocation revenues under this section may not affect or be deemed to affect
the rate of taxes levied by or within any sponsoring local government and participating taxing district or the consistency of
any such levies with the uniformity requirement of Article
VII, section 1 of the state Constitution.
(6) This section does not apply to a revitalization area
that has boundaries that include all or a portion of the boundaries of an increment area created under chapter 39.89 RCW.
[2010 c 164 § 5; 2009 c 270 § 201.]
39.104.090 Local sales and use tax increments. (1) A
sponsoring local government may use annually local sales
and use tax amounts equal to some or all of its local sales and
use tax increments to finance public improvements in the
revitalization area. The amounts of local sales and use tax
dedicated by a participating local government must begin and
cease on the dates specified in an interlocal agreement authorized in chapter 39.34 RCW. Sponsoring local governments
and participating local governments are authorized to allocate
some or all of their local sales and use tax increment to the
sponsoring local government as provided by RCW
39.104.070(1).
(2) The department, upon request, must assist sponsoring
local governments in estimating sales and use tax revenues
from estimated taxable activity in the proposed or adopted
revitalization area. The sponsoring local government must
provide the department with accurate information describing
the geographical boundaries of the revitalization area in an
electronic format or in a manner as otherwise prescribed by
the department. [2009 c 270 § 301.]
39.104.090
39.104.100 Application process—Department of revenue approval. (1) Prior to applying to the department to
receive a state contribution, a sponsoring local government
shall adopt a revitalization area within the limitations in
RCW 39.104.050 and in accordance with RCW 39.104.040.
(2)(a) As a condition to imposing a sales and use tax
under RCW 82.14.510, a sponsoring local government must
39.104.100
(2010 Ed.)
39.104.100
apply to the department and be approved for a project award
amount. The application must be in a form and manner prescribed by the department and include, but not be limited to:
(i) Information establishing that over the period of time
that the local sales and use tax will be imposed under RCW
82.14.510, increases in state and local property, sales, and use
tax revenues as a result of public improvements in the revitalization area will be equal to or greater than the respective
state and local contributions made under this chapter;
(ii) Information demonstrating that the sponsoring local
government will meet the requirements necessary to receive
the full amount of state contribution it is requesting on an
annual basis;
(iii) The amount of state contribution it is requesting;
(iv) The anticipated effective date for imposing the tax
under RCW 82.14.510;
(v) The estimated number of years that the tax will be
imposed;
(vi) The anticipated rate of tax to be imposed under
RCW 82.14.510, subject to the rate-setting conditions in
RCW 82.14.510(3), should the sponsoring local government
be approved for a project award; and
(vii) The anticipated date when bonds under RCW
39.104.110 will be issued.
(b) The department must make available electronic
forms to be used for this purpose. As part of the application,
each applicant must provide to the department a copy of the
adopted ordinance creating the revitalization area as required
in RCW 39.104.040, copies of any adopted interlocal agreements from participating local governments, and any notices
from taxing districts that elect not to be a participating taxing
district.
(3)(a) Project awards must be determined on:
(i) A first-come basis for applications completed in their
entirety and submitted electronically;
(ii) The availability of a state contribution;
(iii) Whether the sponsoring local government would be
able to generate enough tax revenue under RCW 82.14.510 to
generate the amount of project award requested.
(b) The total of all project awards may not exceed the
annual state contribution limit.
(c) If the level of available state contribution is less than
the amount requested by the next available applicant, the
applicant must be given the first opportunity to accept the
lesser amount of state contribution but only if the applicant
produces a new application within sixty days of being notified by the department and the application describes the
impact on the proposed project as a result of the lesser award
in addition to new application information outlined in subsection (2) of this section.
(d) Applications that are not approved for a project
award due to lack of available state contribution must be
retained on file by the department in order of the date of their
receipt.
(e) Once total project awards reach the amount of annual
state contribution limit, no more applications will be
accepted.
(f) If the annual contribution limit is increased by making additional funds available for applicants that apply on a
first-come basis, applications will be accepted again beginning sixty days after the effective date of the increase. How[Title 39 RCW—page 141]
39.104.110
Title 39 RCW: Public Contracts and Indebtedness
ever, in the time period before any new applications are
accepted, all sponsoring local governments with a complete
application already on file with the department must be provided an opportunity to either withdraw their application or
update the information in the application. The updated application must be for a project that is substantially the same as
the project in the original application. The department must
consider these applications, in the order originally submitted,
for project awards prior to considering any new applications.
(4) The department must notify the sponsoring local government of approval or denial of a project award within sixty
days of the department’s receipt of the sponsoring local government’s application. Determination of a project award by
the department is final. Notification must include the earliest
date when the tax authorized under RCW 82.14.510 may be
imposed, subject to conditions in chapter 82.14 RCW. The
project award notification must specify the rate requested in
the application and any adjustments to the rate that would
need to be made based on the project award and rate restrictions in RCW 82.14.510.
(5) The department must begin accepting applications on
September 1, 2009. [2010 c 164 § 6; 2009 c 270 § 401.]
39.104.110 Issuance of general obligation bonds. (1)
A sponsoring local government creating a revitalization area
and authorizing the use of local revitalization financing may
incur general indebtedness, including issuing general obligation bonds, to finance the public improvements and retire the
indebtedness in whole or in part from local revitalization
financing it receives, subject to the following requirements:
(a)(i) The ordinance adopted by the sponsoring local
government creating the revitalization area and authorizing
the use of local revitalization financing indicates an intent to
incur this indebtedness and the maximum amount of this
indebtedness that is contemplated; and
(ii) The sponsoring local government includes this statement of intent in all notices required by RCW 39.104.040; or
(b) The sponsoring local government adopts a resolution,
after opportunity for public comment, that indicates an intent
to incur this indebtedness and the maximum amount of this
indebtedness that is contemplated.
(2) The general indebtedness incurred under subsection
(1) of this section may be payable from other tax revenues,
the full faith and credit of the sponsoring local government,
and nontax income, revenues, fees, and rents from the public
improvements, as well as contributions, grants, and nontax
money available to the local government for payment of costs
of the public improvements or associated debt service on the
general indebtedness.
(3) In addition to the requirements in subsection (1) of
this section, a sponsoring local government creating a revitalization area and authorizing the use of local revitalization
financing may require any nonpublic participants to provide
adequate security to protect the public investment in the public improvement within the revitalization area.
(4) Bonds issued under this section must be authorized
by ordinance of the sponsoring local government and may be
issued in one or more series and must bear a date or dates, be
payable upon demand or mature at a time or times, bear interest at a rate or rates, be in a denomination or denominations,
be in a form either coupon or registered as provided in RCW
39.104.110
[Title 39 RCW—page 142]
39.46.030, carry conversion or registration privileges, have a
rank or priority, be executed in a manner, be payable in a
medium of payment, at a place or places, and be subject to
terms of redemption with or without premium, be secured in
a manner, and have other characteristics, as may be provided
by an ordinance or trust indenture or mortgage issued pursuant thereto.
(5) The sponsoring local government may:
(a) Annually pay into a special fund to be established for
the benefit of bonds issued under this section a fixed proportion or a fixed amount of any local property tax allocation
revenues derived from property within the revitalization area
containing the public improvements funded by the bonds, the
payment to continue until all bonds payable from the fund are
paid in full;
(b) Annually pay into the special fund established pursuant to this section a fixed proportion or a fixed amount of any
revenues derived from taxes imposed under RCW 82.14.510,
such payment to continue until all bonds payable from the
fund are paid in full. Revenues derived from taxes imposed
under RCW 82.14.510 are subject to the use restriction in
RCW 82.14.515; and
(c) Issue revenue bonds payable from any or all revenues
deposited in the special fund established pursuant to this section.
(6) In case any of the public officials of the sponsoring
local government whose signatures appear on any bonds or
any coupons issued under this chapter cease to be the officials
before the delivery of the bonds, the signatures must, nevertheless, be valid and sufficient for all purposes, the same as if
the officials had remained in office until the delivery. Any
provision of any law to the contrary notwithstanding, any
bonds issued under this chapter are fully negotiable.
(7) Notwithstanding subsections (4) through (6) of this
section, bonds issued under this section may be issued and
sold in accordance with chapter 39.46 RCW. [2010 c 164 §
7; 2009 c 270 § 701.]
39.104.120 Use of tax revenue for bond repayment.
A sponsoring local government that issues bonds under RCW
39.104.110 to finance public improvements may pledge for
the payment of such bonds all or part of any local property tax
allocation revenues derived from the public improvements.
The sponsoring local government may also pledge all or part
of any revenues derived from taxes imposed under RCW
82.14.510 and held in connection with the public improvements. All of such tax revenues are subject to the use restriction in RCW 82.14.515. [2009 c 270 § 702.]
39.104.120
39.104.130 Limitation on bonds issued. The bonds
issued by a local government under RCW 39.104.110 to
finance public improvements do not constitute an obligation
of the state of Washington, either general or special. [2009 c
270 § 703.]
39.104.130
39.104.140 Construction—Port districts—Authority.
Nothing in this act may be construed to give port districts the
authority to impose a sales or use tax under chapter 82.14
RCW. [2009 c 270 § 803.]
39.104.140
(2010 Ed.)
Local Revitalization Financing
39.104.901
39.104.150 Administration by the department—
Adoption of rules. The department of revenue may adopt
any rules under chapter 34.05 RCW it considers necessary for
the administration of this chapter. [2009 c 270 § 804.]
39.104.150
39.104.900 Severability—2009 c 270. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2009 c 270 § 801.]
39.104.900
39.104.901 Captions and part headings not law—
2009 c 270. Captions and part headings used in this act do
not constitute any part of the law. [2009 c 270 § 802.]
39.104.901
(2010 Ed.)
[Title 39 RCW—page 143]
Title 40
PUBLIC DOCUMENTS, RECORDS, AND PUBLICATIONS
Title 40
Chapters
40.04
40.06
40.07
40.10
40.14
40.16
40.20
40.24
Public documents.
State publications distribution center.
Management and control of state publications.
Microfilming of records to provide continuity
of civil government.
Preservation and destruction of public records.
Penal provisions.
Reproduced records for governments and
business.
Address confidentiality for victims of domestic
violence, sexual assault, and stalking.
Historical materials, preservation: Chapter 27.48 RCW.
Minutes of governmental agencies open to public inspection: RCW
42.32.030.
Newspapers: Chapter 19.56 RCW.
Public documents as evidence: Chapter 5.44 RCW.
Public records act: Chapter 42.56 RCW.
Publication of legal notices: Chapter 65.16 RCW.
Recording, registration, and legal publication: Title 65 RCW.
Records and exhibits of superior court, destruction, reproduction: RCW
36.23.065, 36.23.067, 36.23.070.
State records
secretary of state as custodian: RCW 43.07.040.
to be kept at the seat of government: State Constitution Art. 3 § 24.
Uniform business records as evidence act: Chapter 5.45 RCW.
Uniform photographic copies of business and public records as evidence
act: Chapter 5.46 RCW.
Chapter 40.04
Chapter 40.04 RCW
PUBLIC DOCUMENTS
Sections
40.04.030
40.04.031
40.04.090
40.04.100
40.04.110
Session laws, legislative journals, supreme court and court of
appeals reports—Duties of public printer, publisher.
Session laws—Distribution, sale, exchange.
Legislative journals—Distribution, sale, exchange.
Supreme court and court of appeals reports—Distribution,
exchange—Duties of reporter of decisions.
Supreme court and court of appeals reports—Provision by
publisher to reporter.
Attorney general to give written opinions: RCW 43.10.030.
Revised Code of Washington, publication: Chapter 1.08 RCW.
Session laws, publication, etc.: Chapter 44.20 RCW.
Supreme court reports, publication: Chapter 2.32 RCW, RCW 43.78.070.
40.04.030 Session laws, legislative journals, supreme
court and court of appeals reports—Duties of public
printer, publisher. The public printer shall deliver to the
statute law committee all bound volumes of the session laws.
The public printer shall deliver the house and senate journals
as they are published to the chief clerk of the house of representatives and the secretary of the senate, as appropriate. The
publisher of the supreme court reports and the court of
appeals reports of the state of Washington shall deliver the
copies that are purchased by the supreme court for the use of
40.04.030
(2010 Ed.)
the state to the state law librarian. [1995 c 24 § 1; 1971 c 42
§ 2; 1941 c 150 § 3; Rem. Supp. 1941 § 8217-3.]
40.04.031 Session laws—Distribution, sale, exchange.
The statute law committee, after each legislative session,
shall distribute, sell, or exchange session laws as required
under this section.
(1) One set shall be given to the following: The United
States supreme court library; each state adult correctional
institution; each state mental institution; the state historical
society; the state bar association; the Olympia press corps
library; the University of Washington library; the library of
each of the regional universities; The Evergreen State College library; the Washington State University library; each
county law library; and the municipal reference branch of the
Seattle public library.
(2) One set shall be given to the following upon their
request: Each member of the legislature; each state agency
and its divisions; each state commission, committee, board,
and council; each community college; each assistant attorney
general; each member of the United States senate and house
of representatives from this state; each state official whose
office is created by the Constitution; each prosecuting attorney; and each public library in cities of the first class.
(3) Two sets shall be given to the following: The administrator for the courts; the library of congress; the law libraries of any accredited law schools established in this state; and
the governor.
(4) Two sets shall be given to the following upon their
request: Each United States district court in the state; and
each office and branch office of the United States district
attorneys in this state.
(5) Three sets shall be given to the library of the circuit
court of appeals of the ninth circuit, upon its request.
(6) The following may request, and receive at no charge,
as many sets as are needed for their official business: The
senate and house of representatives; each county auditor, who
shall receive and distribute sets for use by his or her county’s
officials; the office of the code reviser; the secretary of the
senate; the chief clerk of the house of representatives; the
supreme court; each court of appeals in the state; the superior
courts; the state library; and the state law library.
(7) Surplus copies of the session laws shall be sold and
delivered by the statute law committee, in which case the
price of the bound volumes shall be sufficient to cover costs.
All money received from the sale of the session law sets shall
be paid into the statute law committee publications account.
(8) The statute law committee may exchange session law
sets for similar laws or legal materials of other states, territories, and governments, and make such other distribution of
the sets as in its judgment seems proper. [2007 c 456 § 1;
2006 c 46 § 3.]
40.04.031
[Title 40 RCW—page 1]
40.04.090
Title 40 RCW: Public Documents, Records, and Publications
40.04.090 Legislative journals—Distribution, sale,
exchange. The house and senate journals shall be distributed
and sold by the chief clerk of the house of representatives and
the secretary of the senate as follows:
(1) Subject to subsection (5) of this section, sets shall be
distributed as follows: One to each requesting official whose
office is created by the Constitution, and one to each requesting state department director; two copies to the state library;
ten copies to the state law library; two copies to the University of Washington library; one to the King county law
library; one to the Washington State University library; one
to the library of each of the regional universities and to The
Evergreen State College; one each to the law library of any
accredited law school in this state; and one to each free public
library in the state that requests it.
(2) House and senate journals of the preceding regular
session during an odd- or even-numbered year, and of any
intervening special session, shall be provided for use of legislators and legislative staff in such numbers as directed by the
chief clerk of the house of representatives and secretary of the
senate.
(3) Surplus sets of the house and senate journals shall be
sold and delivered by the chief clerk of the house of representatives and the secretary of the senate at a price set by them
after consulting with the state printer to determine reasonable
costs associated with the production of the journals, and the
proceeds therefrom shall be paid to the state treasurer for the
general fund.
(4) The chief clerk of the house of representatives and
the secretary of the senate may exchange copies of the house
and senate journals for similar journals of other states, territories, and governments, or for other legal materials, and make
such other and further distribution of them as in their judgment seems proper.
(5) Periodically the chief clerk of the house of representatives and the secretary of the senate may canvas those entitled to receive copies under this section, and may reduce or
eliminate the number of copies distributed to anyone who so
concurs. [1995 c 24 § 4; 1993 c 169 § 1; 1982 1st ex.s. c 32
§ 2; 1980 c 87 § 13; 1977 ex.s. c 169 § 95; 1973 c 33 § 2;
1941 c 150 § 5; Rem. Supp. 1941 § 8217-5.]
40.04.090
Additional notes found at www.leg.wa.gov
40.04.100 Supreme court and court of appeals
reports—Distribution, exchange—Duties of reporter of
decisions. The supreme court reports and the court of
appeals reports shall be distributed by the reporter of decisions as follows:
(1) Each supreme court justice and court of appeals
judge is entitled to receive one copy of each volume containing an opinion signed by him or her.
(2) The state law library shall receive such copies as are
necessary of each for the benefit of the state law library, the
supreme court and its subsidiary offices; and the court of
appeals and its subsidiary offices.
(3) The reporter shall provide one copy of each volume
to each county for use in the county law library and one copy
of the same to each accredited law school established in the
state.
(4) The reporter shall likewise provide the state law
library with such copies of volumes as necessary to exchange
40.04.100
[Title 40 RCW—page 2]
copies of the supreme court reports and the court of appeals
reports for similar reports of other states, territories, and governments. [1995 c 257 § 4; 1991 c 363 § 113; 1979 c 151 §
49; 1973 c 33 § 3; 1971 c 42 § 3; 1941 c 150 § 6; Rem. Supp.
1941 § 8217-6.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Publication of supreme court reports by public printer: RCW 43.78.070.
Washington court reports commission: RCW 2.32.160.
40.04.110 Supreme court and court of appeals
reports—Provision by publisher to reporter. On the publication of each volume of reports the publisher to whom the
contract is awarded shall provide to the reporter the number
of copies of each volume of supreme court and court of
appeals reports necessary for the reporter and the state law
library to comply with RCW 40.04.100. [1995 c 257 § 5;
1971 c 42 § 4; 1941 c 150 § 7; Rem. Supp. 1941 § 8217-7.]
40.04.110
Chapter 40.06 RCW
STATE PUBLICATIONS DISTRIBUTION CENTER
Chapter 40.06
Sections
40.06.010
40.06.020
40.06.030
40.06.040
40.06.050
40.06.060
40.06.070
40.06.900
Definitions.
Center created as division of state library—Depository library
system—Rules.
Deposits by state agencies—Exemptions.
Interlibrary depository contracts—Repository of electronic
publications.
Center to publish list of publications and other descriptive
matter.
Agencies to furnish lists to center.
Exemptions.
Effective date—1963 c 233.
40.06.010 Definitions. As used in this chapter:
(1) "Electronic repository" means a collection of publicly accessible electronic publications stored in a secure digital environment with redundant backup to preserve the collection.
(2) "Format" includes any media used in the publication
of state information including electronic, print, audio, visual,
and microfilm.
(3) "State agency" includes every state office, officer,
department, division, bureau, board, commission and agency
of the state, and, where applicable, all subdivisions of each.
(4) "State publication" means information published by
state agencies, regardless of format, intended for distribution
to state government or the public. Examples may include
annual, biennial, and special reports required by law, state
agency newsletters, periodicals, and magazines, and other
informational material intended for general dissemination to
state agencies, the public, or the legislature. [2006 c 199 § 3;
1977 ex.s. c 232 § 8; 1963 c 233 § 1.]
40.06.010
Findings—2006 c 199: See note following RCW 27.04.045.
40.06.020 Center created as division of state
library—Depository library system—Rules. There is
hereby created as a division of the state library, and under the
direction of the state librarian, a state publications distribution center. The center shall utilize the depository library
system to permit citizens economical and convenient access
to state publications, regardless of format. To this end the
40.06.020
(2010 Ed.)
Management and Control of State Publications
secretary of state shall make such rules as may be deemed
necessary to carry out the provisions of this chapter. [2006 c
199 § 4; 2002 c 342 § 5; 1977 ex.s. c 232 § 9; 1963 c 233 § 2.]
Findings—2006 c 199: See note following RCW 27.04.045.
Effective date—2002 c 342: See RCW 27.04.901.
40.06.030 Deposits by state agencies—Exemptions.
(1) Every state agency shall promptly submit to the state
library copies of published information that are state publications.
(a) For state publications available only in print format,
each state agency shall deposit, at a minimum, two copies of
each of its publications with the state library. For the purposes of broad public access, state agencies may deposit
additional copies with the state library for distribution to
additional depository libraries.
(b) For state publications available only in electronic format, each state agency shall deposit one copy of each of its
publications with the state library.
(c) For state publications available in both print and electronic format, each state agency shall deposit two print copies
and one electronic copy of the publication with the state
library.
(2) Annually, each state agency shall provide the state
library with a listing of all its publications made available to
state government and the public during the preceding year,
including those published in electronic form. The secretary
of state shall, by rule, establish the annual date by which state
agencies must provide the list of its publications to the state
library.
(3) In the interest of economy and efficiency, the state
librarian may specifically or by general rule exempt a given
state publication or class of publications from the requirements of this section in full or in part.
(4) Upon consent of the issuing state agency, such state
publications as are printed by the public printer shall be delivered directly to the center. [2006 c 199 § 5; 1977 ex.s. c 232
§ 10; 1963 c 233 § 3.]
40.07.020
through an electronic repository. [2006 c 199 § 6; 2002 c 342
§ 6; 1981 c 260 § 8. Prior: 1977 ex.s. c 232 § 11; 1977 ex.s.
c 169 § 96; 1963 c 233 § 4.]
Findings—2006 c 199: See note following RCW 27.04.045.
Effective date—2002 c 342: See RCW 27.04.901.
Additional notes found at www.leg.wa.gov
40.06.030
Findings—2006 c 199: See note following RCW 27.04.045.
40.06.040 Interlibrary depository contracts—Repository of electronic publications. (1) To provide economical
public access to state publications, the center may enter into
depository contracts with any free public library, The Evergreen State College, regional university, or state university
library, or, if needed, the library of any privately incorporated
college or university in this state. The requirements for eligibility to contract as a depository library shall be established
by the secretary of state upon recommendations of the state
librarian. The standards shall include and take into consideration the type of library, available housing and space for the
publications, the number and qualifications of personnel, and
availability for public use. The center may also contract with
public, out-of-state libraries for the exchange of state and
other publications on a reciprocal basis. Any state publication to be distributed to the public and the legislature shall be
mailed at the lowest available postal rate.
(2) The office of the secretary of state through the state
librarian shall preserve and make accessible state agency
electronic publications deposited with the state library
40.06.040
(2010 Ed.)
40.06.050 Center to publish list of publications and
other descriptive matter. The center shall publish and distribute regularly a list of available state publications, and may
publish and distribute such other descriptive matter as will
facilitate the distribution of and access to state publications.
[2006 c 199 § 7; 1963 c 233 § 5.]
40.06.050
Findings—2006 c 199: See note following RCW 27.04.045.
40.06.060 Agencies to furnish lists to center. Upon
request by the center, issuing state agencies shall furnish the
center with a complete list of its current state publications and
a copy of its mailing and/or exchange lists. [1963 c 233 § 6.]
40.06.060
40.06.070 Exemptions. This chapter shall not apply to
nor affect the duties concerning publications distributed by,
or officers of:
(1) The state law library; and
(2) The statute law committee and the code reviser.
[1983 c 3 § 83; 1963 c 233 § 7.]
40.06.070
40.06.900 Effective date—1963 c 233. The effective
date of this chapter shall be July 1, 1963. [1963 c 233 § 8.]
40.06.900
Chapter 40.07
Chapter 40.07 RCW
MANAGEMENT AND CONTROL
OF STATE PUBLICATIONS
Sections
40.07.010
40.07.020
40.07.030
40.07.040
40.07.050
40.07.060
40.07.070
Legislative declaration.
Definitions.
Reports—Where filed—Review of state publications—Duties
of agency head with respect to publications—Guidelines for
publications—Director’s duties.
Duties of the governor.
Prohibition of state publications not in accordance with RCW
40.07.030—Exceptions.
Notification—Removal from mailing lists, exceptions—Mailing rates.
Advertising in state publications—Prerequisites for advertisers.
40.07.010 Legislative declaration. It is the intent of
this legislation to improve executive management and control
of state publications and reduce state expenditures through:
(1) Elimination of reports and publications which are economically or otherwise unjustified; and (2) the simplification
and consolidation of other reports and publications. [1977
ex.s. c 232 § 1.]
40.07.010
40.07.020 Definitions. The terms defined in this section shall have the meanings indicated when used in this
chapter.
(1) "Director" means the director of financial management.
(2) "State agency" includes every state office, department, division, bureau, board, commission, committee,
40.07.020
[Title 40 RCW—page 3]
40.07.030
Title 40 RCW: Public Documents, Records, and Publications
higher education institution, community college, and agency
of the state and all subordinate subdivisions of such agencies
in the executive branch financed in whole or in part from
funds held in the state treasury, but does not include the
offices of executive officials elected on a statewide basis,
agricultural commodity commissions, the legislature, the
judiciary, or agencies of the legislative or judicial branches of
state government.
(3)(a) "State publication" means publications of state
agencies and shall include any annual and biennial reports,
any special report required by law, state agency newsletters,
periodicals and magazines, and other printed informational
material intended for general dissemination to the public or to
the legislature.
(b) "State publication" may include such other state
agency printed informational material as the director may
prescribe by rule or regulation, in the interest of economy and
efficiency, after consultation with the governor, the state
librarian, and any state agencies affected.
(c) "State publication" does not include:
(i) Business forms, preliminary draft reports, working
papers, or copies of testimony and related exhibit material
prepared solely for purposes of a presentation to a committee
of the state legislature;
(ii) Typewritten correspondence and interoffice memoranda, and staff memoranda and similar material prepared
exclusively as testimony or exhibits in any proceeding in the
courts of this state, the United States, or before any administrative entity;
(iii) Any notices of intention to adopt rules under RCW
34.05.320;
(iv) Publications relating to a multistate program
financed by more than one state or by federal funds or private
subscriptions; or
(v) News releases sent exclusively to the news media.
(4) "Print" includes all forms of reproducing multiple
copies with the exception of typewritten correspondence and
interoffice memoranda. [1989 c 175 § 86; 1979 c 151 § 50;
1977 ex.s. c 232 § 2.]
Additional notes found at www.leg.wa.gov
40.07.030 Reports—Where filed—Review of state
publications—Duties of agency head with respect to publications—Guidelines for publications—Director’s
duties. (1) Any annual, biennial, or special report required to
be made by any state officer, board, agency, department,
commissioner, regents, trustees, or institution to the governor
or to the legislature may be typewritten and a copy shall be
filed with the governor, or the governor’s designee, and the
legislature as the law may require. An additional copy shall
be filed with the state library as a public record.
(2) The director or the director’s designee may selectively review state publications in order to determine if specific state publications are economically and effectively contributing to the accomplishment of state agency program
objectives. The director or the director’s designee shall provide general guidelines as to the number of copies to be
printed for use or distribution by the issuing agency and any
public or other distribution under chapter 40.06 RCW as now
or hereafter amended, or other applicable directives.
40.07.030
[Title 40 RCW—page 4]
(3) No agency head shall recommend a state publication
for printing and distribution, other than those required by
law, unless the benefits from the publication and distribution
thereof to the citizens and taxpayers of this state clearly
exceed the costs of preparation, printing, and distribution.
(4) The director, after consultation with affected agencies, shall prepare and publish guidelines for use by state
agencies in determining and evaluating the benefits and costs
of current and proposed state publications. All state agencies
shall evaluate each new state publication they propose and
shall annually evaluate each continuing state publication they
produce in accordance with the guidelines published by the
director.
(5) The director shall, after consultation with affected
state agencies, also provide by general rules and regulations
for overall control of the quality of the printing of state publications. Necessary publications are to be prepared and
printed in the most economic manner consistent with effectiveness and achievement of program objectives. [1977 ex.s.
c 232 § 3.]
40.07.040 Duties of the governor. (1) The governor or
the governor’s designee shall take such other action as may
be necessary to maximize the economy, efficiency, and effectiveness of state publications and to do so may eliminate,
consolidate, or simplify state agency publications.
(2) Nothing in this chapter shall be construed in any way
as restricting public access to public records or the public
right to copy such records as provided by chapter 42.56
RCW. [2005 c 274 § 276; 1977 ex.s. c 232 § 4.]
40.07.040
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
40.07.050 Prohibition of state publications not in
accordance with RCW 40.07.030—Exceptions. Neither
the public printer nor any state agency shall print or authorize
for printing any state publication that has been determined by
the director to be inconsistent with RCW 40.07.030 except to
the extent this requirement may conflict with the laws of the
United States or any rules or regulations lawfully promulgated under those laws. A copy of any state publication
printed without the approval of the director under the exceptions authorized in this section shall be filed with the director
with a letter of transmittal citing the federal statute, rule, or
regulation requiring the publication. [1986 c 158 § 5; 1977
ex.s. c 232 § 5.]
40.07.050
40.07.060 Notification—Removal from mailing lists,
exceptions—Mailing rates. Each state agency shall at least
once each biennium notify the addressees of each state publication in or with that publication that they may be removed
from the mailing list by notifying the originating agency.
Mailings required by a state or federal statute, rule, or regulation, those maintained by an institution of higher education
for official fund-raising or curriculum offerings, bulk mailings addressed to "occupant" or a similar designation, and
paid subscriptions are excluded from the provisions of this
paragraph.
All publications shall be distributed or mailed at the lowest available rate. [1977 ex.s. c 232 § 6.]
40.07.060
(2010 Ed.)
Microfilming of Records to Provide Continuity of Civil Government
40.07.070 Advertising in state publications—Prerequisites for advertisers. A state agency may not accept
advertising for placement in a state publication unless the
advertiser: (1) Has obtained a certificate of registration from
the department of revenue under chapter 82.32 RCW; and (2)
if the advertiser is not otherwise obligated to collect and remit
Washington retail sales tax or use tax, the advertiser either (a)
agrees to voluntarily collect and remit the Washington use
tax upon all sales to Washington consumers, or (b) agrees to
provide to the department of revenue, no less frequently than
quarterly, a listing of the names and addresses of Washington
customers to whom sales were made. This section does not
apply to advertising that does not offer items for sale or to
advertising that does not solicit orders for sales. [1993 c 74 §
1.]
40.07.070
40.14.010
archivist with the advice of the *director of community,
trade, and economic development. The state archivist shall
coordinate the essential records protection program and shall
carry out the provisions of the state emergency plan as they
relate to the preservation of essential records. The state archivist is authorized to charge the several departments of the
state and local government the actual cost incurred in reproducing, storing and safeguarding such documents: PROVIDED, That nothing herein shall authorize the destruction
of the originals of such documents after reproduction thereof.
[1995 c 399 § 58; 1986 c 266 § 45; 1985 c 7 § 106; 1982 c 36
§ 2; 1973 c 54 § 2; 1963 c 241 § 2.]
*Reviser’s note: The "director of community, trade, and economic
development" was renamed the "director of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
Chapter 40.14
Chapter 40.10 RCW
MICROFILMING OF RECORDS TO PROVIDE
CONTINUITY OF CIVIL GOVERNMENT
Chapter 40.10
Sections
40.10.010
40.10.020
Essential records—Designation—List—Security and protection—Reproduction.
Essential records—Reproduction and storage—Coordination
of protection program—Fees.
40.10.010 Essential records—Designation—List—
Security and protection—Reproduction. In order to provide for the continuity and preservation of civil government,
each elected and appointed officer of the state shall designate
those public documents which are essential records of his
office and needed in an emergency and for the reestablishment of normal operations after any such emergency. A list
of such records shall be forwarded to the state archivist on
forms prescribed by the state archivist. This list shall be
reviewed at least annually by the elected or appointed officer
to insure its completeness. Any changes or revisions following this review shall be forwarded to the state archivist. Each
such elected and appointed officer of state government shall
insure that the security of essential records of his office is by
the most economical means commensurate with adequate
protection. Protection of essential records may be by vaulting, planned or natural dispersal of copies, or any other
method approved by the state archivist. Reproductions of
essential records may be by photo copy, magnetic tape,
microfilm or other method approved by the state archivist.
Local government offices may coordinate the protection of
their essential records with the state archivist as necessary to
provide continuity of local government under emergency
conditions. [1982 c 36 § 1; 1973 c 54 § 1; 1963 c 241 § 1.]
40.10.010
Chapter 40.14 RCW
PRESERVATION AND DESTRUCTION
OF PUBLIC RECORDS
Sections
40.14.010
40.14.020
40.14.022
40.14.024
40.14.025
40.14.027
40.14.030
40.14.040
40.14.050
40.14.060
40.14.070
40.14.080
40.14.100
40.14.110
40.14.120
40.14.130
40.14.140
40.14.150
40.14.160
40.14.170
40.14.180
Definition and classification of public records.
Division of archives and records management—State archivist—Powers and duties—Duties of public officials.
Division of archives and records management—Imaging
account.
Division of archives and records management—Local government archives account.
Division of archives and records management—Allocation of
costs of services—Archives and records management
account.
Public archives and records management services—Judgment
debtor surcharge.
Transfer to state archives—Certified copies, cost—Public disclosure.
Records officers—Designation—Powers and duties.
Records committee—Composition, travel expenses, meetings,
powers and duties—Retention schedules.
Destruction, disposition of official public records or office
files and memoranda—Record retention schedules.
Destruction, disposition, donation of local government
records—Preservation for historical interest—Local records
committee, duties—Record retention schedules—Sealed
records.
Chapter not to affect other laws.
Legislative records—Defined.
Legislative records—Contribution of papers by legislators and
employees.
Legislative records—"Clerk," "secretary" defined.
Legislative records—Duties of legislative officials, employees
and state archivist—Delivery of records—Custody—Availability.
Legislative records—Party caucuses to be advised—Information and instructions.
Legislative records—Use for research.
Legislative records—Rules for access to records.
Legislative records—Sound recordings.
Legislative records—Construction—Confidentiality of bill
drafting records.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Additional notes found at www.leg.wa.gov
40.14.010 Definition and classification of public
records. As used in this chapter, the term "public records"
shall include any paper, correspondence, completed form,
bound record book, photograph, film, sound recording, map
drawing, machine-readable material, compact disc meeting
current industry ISO specifications, or other document,
regardless of physical form or characteristics, and including
such copies thereof, that have been made by or received by
any agency of the state of Washington in connection with the
40.14.010
40.10.020 Essential records—Reproduction and
storage—Coordination of protection program—Fees.
The state archivist is authorized to reproduce those documents designated as essential records by the several elected
and appointed officials of the state and local government by
microfilm or other miniature photographic process and to
assist and cooperate in the storage and safeguarding of such
reproductions in such place as is recommended by the state
40.10.020
(2010 Ed.)
[Title 40 RCW—page 5]
40.14.020
Title 40 RCW: Public Documents, Records, and Publications
transaction of public business, and legislative records as
described in RCW 40.14.100.
For the purposes of this chapter, public records shall be
classified as follows:
(1) Official public records shall include all original
vouchers, receipts, and other documents necessary to isolate
and prove the validity of every transaction relating to the
receipt, use, and disposition of all public property and public
income from all sources whatsoever; all agreements and contracts to which the state of Washington or any agency thereof
may be a party; all fidelity, surety, and performance bonds;
all claims filed against the state of Washington or any agency
thereof; all records or documents required by law to be filed
with or kept by any agency of the state of Washington; all
legislative records as defined in RCW 40.14.100; and all
other documents or records determined by the records committee, created in RCW 40.14.050, to be official public
records.
(2) Office files and memoranda include such records as
correspondence, exhibits, drawings, maps, completed forms,
or documents not above defined and classified as official
public records; duplicate copies of official public records
filed with any agency of the state of Washington; documents
and reports made for the internal administration of the office
to which they pertain but not required by law to be filed or
kept with such agency; and other documents or records as
determined by the records committee to be office files and
memoranda. [1996 c 71 § 1; 1982 c 36 § 3; 1981 c 32 § 4;
1971 ex.s. c 102 § 1; 1957 c 246 § 1.]
40.14.020 Division of archives and records management—State archivist—Powers and duties—Duties of
public officials. All public records shall be and remain the
property of the state of Washington. They shall be delivered
by outgoing officials and employees to their successors and
shall be preserved, stored, transferred, destroyed or disposed
of, and otherwise managed, only in accordance with the provisions of this chapter. In order to insure the proper management and safeguarding of public records, the division of
archives and records management is established in the office
of the secretary of state. The state archivist, who shall administer the division and have reasonable access to all public
records, wherever kept, for purposes of information, surveying, or cataloguing, shall undertake the following functions,
duties, and responsibilities:
(1) To manage the archives of the state of Washington;
(2) To centralize the archives of the state of Washington,
to make them available for reference and scholarship, and to
insure their proper preservation;
(3) To inspect, inventory, catalog, and arrange retention
and transfer schedules on all record files of all state departments and other agencies of state government;
(4) To insure the maintenance and security of all state
public records and to establish safeguards against unauthorized removal or destruction;
(5) To establish and operate such state record centers as
may from time to time be authorized by appropriation, for the
purpose of preserving, servicing, screening and protecting all
state public records which must be preserved temporarily or
permanently, but which need not be retained in office space
and equipment;
40.14.020
[Title 40 RCW—page 6]
(6) To adopt rules under chapter 34.05 RCW:
(a) Setting standards for the durability and permanence
of public records maintained by state and local agencies;
(b) Governing procedures for the creation, maintenance,
transmission, cataloging, indexing, storage, or reproduction
of photographic, optical, electronic, or other images of public
documents or records in a manner consistent with current
standards, policies, and procedures of the department of
information services for the acquisition of information technology;
(c) Governing the accuracy and durability of, and facilitating access to, photographic, optical, electronic, or other
images used as public records; or
(d) To carry out any other provision of this chapter;
(7) To gather and disseminate to interested agencies
information on all phases of records management and current
practices, methods, procedures, techniques, and devices for
efficient and economical management and preservation of
records;
(8) To operate a central microfilming bureau which will
microfilm, at cost, records approved for filming by the head
of the office of origin and the archivist; to approve microfilming projects undertaken by state departments and all other
agencies of state government; and to maintain proper standards for this work;
(9) To maintain necessary facilities for the review of
records approved for destruction and for their economical
disposition by sale or burning; directly to supervise such
destruction of public records as shall be authorized by the
terms of this chapter;
(10) To assist and train state and local agencies in the
proper methods of creating, maintaining, cataloging, indexing, transmitting, storing, and reproducing photographic,
optical, electronic, or other images used as public records;
(11) To solicit, accept, and expend donations as provided
in RCW 43.07.037 for the purpose of the archive program.
These purposes include, but are not limited to, acquisition,
accession, interpretation, and display of archival materials.
Donations that do not meet the criteria of the archive program
may not be accepted. [2002 c 358 § 4; 1995 c 326 § 1. Prior:
1991 c 237 § 4; 1991 c 184 § 1; 1986 c 275 § 1; 1983 c 84 §
1; 1981 c 115 § 1; 1957 c 246 § 2.]
Additional notes found at www.leg.wa.gov
40.14.022 Division of archives and records management—Imaging account. The imaging account is created in
the custody of the state treasurer. All receipts collected under
RCW 40.14.020(8) for contract imaging, micrographics,
reproduction, and duplication services provided by the division of archives and records management must be deposited
into the account, and expenditures from the account may be
used only for these purposes. Only the secretary of state or
the secretary’s designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 163 § 2.]
40.14.022
40.14.024 Division of archives and records management—Local government archives account. The local
government archives account is created in the state treasury.
40.14.024
(2010 Ed.)
Preservation and Destruction of Public Records
All receipts collected by the county auditors under RCW
40.14.027 and 36.22.175 for local government services, such
as providing records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and
indexing for local government records and digital data and
access to those records and data through the regional branch
archives of the division of archives and records management,
must be deposited into the account, and expenditures from
the account may be used only for these purposes. During the
2007-2009 biennium, the legislature may transfer from the
local government archives account to the Washington state
heritage center account such amounts as reflect the excess
fund balance in the account. [2008 c 328 § 6005; 2003 c 163
§ 3.]
Part headings not law—Severability—Effective date—2008 c 328:
See notes following RCW 43.155.050.
40.14.025 Division of archives and records management—Allocation of costs of services—Archives and
records management account. (1) The secretary of state
and the director of financial management shall jointly establish a procedure and formula for allocating the costs of services provided by the division of archives and records management to state agencies. The total amount allotted for services to state agencies shall not exceed the appropriation to
the archives and records management account during any
allotment period.
(2) There is created the archives and records management account in the state treasury which shall consist of all
fees and charges collected under this section. The account
shall be appropriated exclusively for the payment of costs
and expenses incurred in the operation of the division of
archives and records management as specified by law. [2003
c 163 § 1; 1996 c 245 § 3; 1991 sp.s. c 13 § 5; 1985 c 57 § 22;
1981 c 115 § 4.]
40.14.025
Additional notes found at www.leg.wa.gov
40.14.027 Public archives and records management
services—Judgment debtor surcharge. State agencies
shall collect a surcharge of twenty dollars from the judgment
debtor upon the satisfaction of a warrant filed in superior
court for unpaid taxes or liabilities. The surcharge is imposed
on the judgment debtor in the form of a penalty in addition to
the filing fee provided in RCW 36.18.012(10). The surcharge revenue shall be transmitted to the state treasurer for
deposit in the archives and records management account.
Surcharge revenue deposited in the local government
archives account under RCW 40.14.024 shall be expended by
the secretary of state exclusively for disaster recovery, essential records protection services, and records management
training for local government agencies by the division of
archives and records management. The secretary of state
shall, with local government representatives, establish a committee to advise the state archivist on the local government
archives and records management program. [2003 c 163 § 4;
2001 c 146 § 4; 1996 c 245 § 4; 1995 c 292 § 17; 1994 c 193
§ 2.]
40.14.027
Findings—1994 c 193: "The legislature finds that: (1) Accountability
for and the efficient management of local government records are in the public interest and that compliance with public records management requirements significantly affects the cost of local government administration; (2)
(2010 Ed.)
40.14.030
the secretary of state is responsible for insuring the preservation of local government archives and may assist local government compliance with public
records statutes; (3) as provided in RCW 40.14.025, all archives and records
management services provided by the secretary of state are funded exclusively by a schedule of fees and charges established jointly by the secretary
of state and the director of financial management; (4) the secretary of state’s
costs for preserving and providing public access to local government
archives and providing records management assistance to local government
agencies have been funded by fees paid by state government agencies; (5)
local government agencies are responsible for costs associated with managing, protecting, and providing public access to the records in their custody;
(6) local government should help fund the secretary of state’s local government archives and records management services; (7) the five-dollar fee collected by county clerks for processing warrants for unpaid taxes or liabilities
filed by the state of Washington is not sufficient to cover processing costs
and is far below filing fees commonly charged for similar types of minor
civil actions; (8) a surcharge of twenty dollars would bring the filing fee for
warrants for the collection of unpaid taxes and liabilities up to a level comparable to other minor civil filings and should be applied to the support of the
secretary of state’s local government archives and records services without
placing an undue burden on local government; and (9) the process of collecting and transmitting surcharge revenue should not have an undue impact on
the operations of the state agencies that file warrants for the collection of
unpaid taxes and liabilities or the clerks of superior court who process them."
[1994 c 193 § 1.]
Additional notes found at www.leg.wa.gov
40.14.030
40.14.030 Transfer to state archives—Certified copies, cost—Public disclosure. (1) All public records, not
required in the current operation of the office where they are
made or kept, and all records of every agency, commission,
committee, or any other activity of state government which
may be abolished or discontinued, shall be transferred to the
state archives so that the valuable historical records of the
state may be centralized, made more widely available, and
insured permanent preservation: PROVIDED, That this section shall have no application to public records approved for
destruction under the subsequent provisions of this chapter.
When so transferred, copies of the public records concerned shall be made and certified by the archivist, which
certification shall have the same force and effect as though
made by the officer originally in charge of them. Fees may
be charged to cover the cost of reproduction. In turning over
the archives of his office, the officer in charge thereof, or his
successor, thereby loses none of his rights of access to them,
without charge, whenever necessary.
(2) Records that are confidential, privileged, or exempt
from public disclosure under state or federal law while in the
possession of the originating agency, commission, board,
committee, or other entity of state or local government retain
their confidential, privileged, or exempt status after transfer
to the state archives unless the archivist, with the concurrence
of the originating jurisdiction, determines that the records
must be made accessible to the public according to proper
and reasonable rules adopted by the secretary of state, in
which case the records may be open to inspection and available for copying after the expiration of seventy-five years
from creation of the record. If the originating jurisdiction is
no longer in existence, the archivist shall make the determination of availability according to such rules. If, while in the
possession of the originating agency, commission, board,
committee, or other entity, any record is determined to be
confidential, privileged, or exempt from public disclosure
under state or federal law for a period of less than seventyfive years, then the record, with the concurrence of the origi[Title 40 RCW—page 7]
40.14.040
Title 40 RCW: Public Documents, Records, and Publications
nating jurisdiction, must be made accessible to the public
upon the expiration of the shorter period of time according to
proper and reasonable rules adopted by the secretary of state.
[2003 c 305 § 1; 1957 c 246 § 3.]
Columbia River boundary compact, transfer of records to division of
archives: RCW 43.58.070.
40.14.040 Records officers—Designation—Powers
and duties. Each department or other agency of the state
government shall designate a records officer to supervise its
records program and to represent the office in all contacts
with the records committee, hereinafter created, and the division of archives and records management. The records officer
shall:
(1) Coordinate all aspects of the records management
program.
(2) Inventory, or manage the inventory, of all public
records at least once during a biennium for disposition scheduling and transfer action, in accordance with procedures prescribed by the state archivist and state records committee:
PROVIDED, That essential records shall be inventoried and
processed in accordance with chapter 40.10 RCW at least
annually.
(3) Consult with any other personnel responsible for
maintenance of specific records within his state organization
regarding records retention and transfer recommendations.
(4) Analyze records inventory data, examine and compare divisional or unit inventories for duplication of records,
and recommend to the state archivist and state records committee minimal retentions for all copies commensurate with
legal, financial and administrative needs.
(5) Approve all records inventory and destruction
requests which are submitted to the state records committee.
(6) Review established records retention schedules at
least annually to insure that they are complete and current.
(7) Exercise internal control over the acquisition of filming and file equipment.
If a particular agency or department does not wish to
transfer records at a time previously scheduled therefor, the
records officer shall, within thirty days, notify the archivist
and request a change in such previously set schedule, including his reasons therefor. [1982 c 36 § 4; 1979 c 151 § 51;
1973 c 54 § 3; 1957 c 246 § 4.]
40.14.040
40.14.050 Records committee—Composition, travel
expenses, meetings, powers and duties—Retention schedules. There is created a committee, to be known as the
records committee, composed of the archivist, an appointee
of the state auditor, an appointee of the attorney general, and
an appointee of the director of financial management. Committee members shall serve without additional salary, but
shall be entitled to travel expenses incurred in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. Such expenses shall be paid from the appropriations made for operation of their respective departments
or offices.
The records committee shall meet at least once every
quarter or oftener as business dictates. Action by the committee shall be by majority vote and records shall be kept of all
committee business.
40.14.050
[Title 40 RCW—page 8]
It shall be the duty of the records committee to approve,
modify or disapprove the recommendations on retention
schedules of all files of public records and to act upon
requests to destroy any public records: PROVIDED, That
any modification of a request or recommendation must be
approved by the head of the agency originating the request or
recommendation.
The division of archives and records management shall
provide forms, approved by the records committee, upon
which it shall prepare recommendations to the committee in
cooperation with the records officer of the department or
other agency whose records are involved. [1985 c 192 § 1;
1975-’76 2nd ex.s. c 34 § 83; 1957 c 246 § 5.]
Additional notes found at www.leg.wa.gov
40.14.060 Destruction, disposition of official public
records or office files and memoranda—Record retention
schedules. (1) Any destruction of official public records
shall be pursuant to a schedule approved under RCW
40.14.050. Official public records shall not be destroyed
unless:
(a) Except as provided under RCW 40.14.070(2)(b), the
records are six or more years old;
(b) The department of origin of the records has made a
satisfactory showing to the state records committee that the
retention of the records for a minimum of six years is both
unnecessary and uneconomical, particularly if lesser federal
retention periods for records generated by the state under federal programs have been established; or
(c) The originals of official public records less than six
years old have been copied or reproduced by any photographic or other process approved by the state archivist
which accurately reproduces or forms a durable medium for
so reproducing the original.
(2) Any lesser term of retention than six years must have
the additional approval of the director of financial management, the state auditor and the attorney general, except when
records have federal retention guidelines the state records
committee may adjust the retention period accordingly. An
automatic reduction of retention periods from seven to six
years for official public records on record retention schedules
existing on June 10, 1982, shall not be made, but the same
shall be reviewed individually by the state records committee
for approval or disapproval of the change to a retention
period of six years.
Recommendations for the destruction or disposition of
office files and memoranda shall be submitted to the records
committee upon approved forms prepared by the records
officer of the agency concerned and the archivist. The committee shall determine the period of time that any office file
or memorandum shall be preserved and may authorize the
division of archives and records management to arrange for
its destruction or disposition. [1999 c 326 § 1; 1982 c 36 § 5;
1979 c 151 § 52; 1973 c 54 § 4; 1957 c 246 § 6.]
40.14.060
40.14.070 Destruction, disposition, donation of local
government records—Preservation for historical interest—Local records committee, duties—Record retention
schedules—Sealed records. (1)(a) County, municipal, and
other local government agencies may request authority to
40.14.070
(2010 Ed.)
Preservation and Destruction of Public Records
destroy noncurrent public records having no further administrative or legal value by submitting to the division of archives
and records management lists of such records on forms prepared by the division. The archivist, a representative
appointed by the state auditor, and a representative appointed
by the attorney general shall constitute a committee, known
as the local records committee, which shall review such lists
and which may veto the destruction of any or all items contained therein.
(b) A local government agency, as an alternative to submitting lists, may elect to establish a records control program
based on recurring disposition schedules recommended by
the agency to the local records committee. The schedules are
to be submitted on forms provided by the division of archives
and records management to the local records committee,
which may either veto, approve, or amend the schedule.
Approval of such schedule or amended schedule shall be by
unanimous vote of the local records committee. Upon such
approval, the schedule shall constitute authority for the local
government agency to destroy the records listed thereon, after
the required retention period, on a recurring basis until the
schedule is either amended or revised by the committee.
(2)(a) Except as otherwise provided by law, no public
records shall be destroyed until approved for destruction by
the local records committee. Official public records shall not
be destroyed unless:
(i) The records are six or more years old;
(ii) The department of origin of the records has made a
satisfactory showing to the state records committee that the
retention of the records for a minimum of six years is both
unnecessary and uneconomical, particularly where lesser federal retention periods for records generated by the state under
federal programs have been established; or
(iii) The originals of official public records less than six
years old have been copied or reproduced by any photographic, photostatic, microfilm, miniature photographic, or
other process approved by the state archivist which accurately reproduces or forms a durable medium for so reproducing the original.
An automatic reduction of retention periods from seven
to six years for official public records on record retention
schedules existing on June 10, 1982, shall not be made, but
the same shall be reviewed individually by the local records
committee for approval or disapproval of the change to a
retention period of six years.
The state archivist may furnish appropriate information,
suggestions, and guidelines to local government agencies for
their assistance in the preparation of lists and schedules or
any other matter relating to the retention, preservation, or
destruction of records under this chapter. The local records
committee may adopt appropriate regulations establishing
procedures to be followed in such matters.
Records of county, municipal, or other local government
agencies, designated by the archivist as of primarily historical
interest, may be transferred to a recognized depository
agency.
(b)(i) Records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenders contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020
that are not required in the current operation of the law
(2010 Ed.)
40.14.080
enforcement agency or for pending judicial proceedings
shall, following the expiration of the applicable schedule of
the law enforcement agency’s retention of the records, be
transferred to the Washington association of sheriffs and
police chiefs for permanent electronic retention and retrieval.
Upon electronic retention of any document, the association
shall be permitted to destroy the paper copy of the document.
(ii) Any sealed record transferred to the Washington
association of sheriffs and police chiefs for permanent electronic retention and retrieval, including records sealed after
transfer, shall be electronically retained in such a way that the
record is clearly marked as sealed.
(iii) The Washington association of sheriffs and police
chiefs shall be permitted to destroy both the paper copy and
electronic record of any offender verified as deceased.
(c) Any record transferred to the Washington association
of sheriffs and police chiefs pursuant to (b) of this subsection
shall be deemed to no longer constitute a public record pursuant to *RCW 42.17.020 and shall be exempt from public disclosure. Such records shall be disseminated only to criminal
justice agencies as defined in RCW 10.97.030 for the purpose
of determining if a sex offender met the criteria of a sexually
violent predator as defined in chapter 71.09 RCW and the
end-of-sentence review committee as defined by RCW
72.09.345 for the purpose of fulfilling its duties under RCW
71.09.025 and 9.95.420.
Electronic records marked as sealed shall only be accessible by criminal justice agencies as defined in RCW
10.97.030 who would otherwise have access to a sealed paper
copy of the document, the end-of-sentence review committee
as defined by RCW 72.09.345 for the purpose of fulfilling its
duties under RCW 71.09.025 and 9.95.420, and the system
administrator for the purposes of system administration and
maintenance.
(3) Except as otherwise provided by law, county, municipal, and other local government agencies may, as an alternative to destroying noncurrent public records having no further
administrative or legal value, donate the public records to the
state library, local library, historical society, genealogical
society, or similar society or organization.
Public records may not be donated under this subsection
unless:
(a) The records are seventy years old or more;
(b) The local records committee has approved the
destruction of the public records; and
(c) The state archivist has determined that the public
records have no historic interest. [2005 c 227 § 1; 2003 c 240
§ 1; 1999 c 326 § 2; 1995 c 301 § 71; 1982 c 36 § 6; 1973 c
54 § 5; 1971 ex.s. c 10 § 1; 1957 c 246 § 7.]
*Reviser’s note: RCW 42.17.020 was recodified as RCW 42.17A.005
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Copying, preserving, and indexing of documents recorded by county auditor: RCW 36.22.160 through 36.22.190.
Destruction and reproduction of court records: RCW 36.23.065 through
36.23.070.
40.14.080 Chapter not to affect other laws. The provisions of this chapter shall not be construed as repealing or
modifying any other acts or parts of acts authorizing the
destruction of public records save for those specifically
named in *section 9 of this act; nor shall this chapter affect
40.14.080
[Title 40 RCW—page 9]
40.14.100
Title 40 RCW: Public Documents, Records, and Publications
the provisions of chapter 40.07 RCW requiring the deposit of
all state publications in the state library. [1983 c 3 § 84; 1957
c 246 § 8.]
*Reviser’s note: "section 9 of this act" refers to 1957 c 246 § 9, which
repealed RCW 40.08.010 through 40.08.050 and 40.12.010 through
40.12.110.
40.14.100 Legislative records—Defined. As used in
RCW 40.14.010 and 40.14.100 through 40.14.180, unless the
context requires otherwise, "legislative records" shall be
defined as correspondence, amendments, reports, and minutes of meetings made by or submitted to legislative committees or subcommittees and transcripts or other records of
hearings or supplementary written testimony or data thereof
filed with committees or subcommittees in connection with
the exercise of legislative or investigatory functions, but does
not include the records of an official act of the legislature
kept by the secretary of state, bills and their copies, published
materials, digests, or multi-copied matter which are routinely
retained and otherwise available at the state library or in a
public repository, or reports or correspondence made or
received by or in any way under the personal control of the
individual members of the legislature. [1971 ex.s. c 102 § 2.]
40.14.100
40.14.110 Legislative records—Contribution of
papers by legislators and employees. Nothing in RCW
40.14.010 and 40.14.100 through 40.14.180 shall prohibit a
legislator or legislative employee from contributing his personal papers to any private library, public library, or the state
archives. The state archivist is authorized to receive papers of
legislators and legislative employees and is directed to
encourage the donation of such personal records to the state.
The state archivist is authorized to establish such guidelines
and procedures for the collection of personal papers and correspondence relating to the legislature as he sees fit. Legislators and legislative employees are encouraged to contribute
their personal papers to the state for preservation. [1971 ex.s.
c 102 § 3.]
40.14.110
40.14.120 Legislative records—"Clerk," "secretary"
defined. As used in RCW 40.14.010 and 40.14.100 through
40.14.180 "clerk" means clerk of the Washington state house
of representatives and "secretary" means the secretary of the
Washington state senate. [1971 ex.s. c 102 § 4.]
40.14.120
40.14.130 Legislative records—Duties of legislative
officials, employees and state archivist—Delivery of
records—Custody—Availability. The legislative committee chairman, subcommittee chairman, committee member,
or employed personnel of the state legislature having possession of legislative records that are not required for the regular
performance of official duties shall, within ten days after the
adjournment sine die of a regular or special session, deliver
all such legislative records to the clerk of the house or the secretary of the senate.
The clerk of the house and the secretary of the senate are
charged to include requirements and responsibilities for
keeping committee minutes and records as part of their
instructions to committee chairmen and employees.
The clerk or the secretary, with the assistance of the state
archivist, shall classify and arrange the legislative records
40.14.130
[Title 40 RCW—page 10]
delivered to the clerk or secretary in a manner that he considers best suited to carry out the efficient and economical utilization, maintenance, preservation, and disposition of the
records. The clerk or the secretary may deliver to the state
archivist all legislative records in his possession when such
records have been classified and arranged and are no longer
needed by either house. The state archivist shall thereafter be
custodian of the records so delivered, but shall deliver such
records back to either the clerk or secretary upon his request.
The chairman, member, or employee of a legislative
interim committee responsible for maintaining the legislative
records of that committee shall, on a scheduled basis agreed
upon by the chairman, member, or employee of the legislative interim committee, deliver to the clerk or secretary all
legislative records in his possession, as long as such records
are not required for the regular performance of official duties.
He shall also deliver to the clerk or secretary all records of an
interim committee within ten days after the committee ceases
to function. [1971 ex.s. c 102 § 5.]
40.14.140 Legislative records—Party caucuses to be
advised—Information and instructions. It shall be the
duty of the clerk and the secretary to advise the party caucuses in each house concerning the necessity to keep public
records. The state archivist or his representative shall work
with the clerk and secretary to provide information and
instructions on the best method for keeping legislative
records. [1971 ex.s. c 102 § 6.]
40.14.140
40.14.150 Legislative records—Use for research.
Committee records may be used by legislative employees for
research at the discretion of the clerk or the secretary. [1971
ex.s. c 102 § 7.]
40.14.150
40.14.160 Legislative records—Rules for access to
records. The clerk or the secretary shall, with advice of the
state archivist, prescribe rules for access to records more than
three years old when such records have been delivered to the
state archives for preservation and maintenance. [1971 ex.s.
c 102 § 8.]
40.14.160
40.14.170 Legislative records—Sound recordings.
Any sound recording of debate in the house or senate made
by legislative employees shall be preserved by the chief clerk
of the house and by the secretary of the senate, respectively,
for two years from the end of the session at which made, and
thereafter shall be transmitted to the state archivist. The chief
clerk and the secretary shall catalogue or index the recordings
in their custody according to a uniform system, in order to
allow easy access to the debate on specific questions before
either house, and shall make available to any court of record,
at the cost of reproduction, such portions of the recordings as
the court may request. [1971 ex.s. c 102 § 9.]
40.14.170
40.14.180 Legislative records—Construction—Confidentiality of bill drafting records. The provisions of
RCW 40.14.010 and 40.14.100 through 40.14.180 shall not
be construed as repealing or modifying any other acts or parts
of acts authorizing the retention or destruction of public
records nor shall RCW 40.14.010 and 40.14.100 through
40.14.180
(2010 Ed.)
Penal Provisions
40.14.180 affect the provisions of chapter 40.07 RCW requiring the deposit of all state publications in the state library nor
shall it affect the confidentiality of the bill drafting records of
the code reviser’s office. [1983 c 3 § 85; 1971 ex.s. c 102 §
10.]
Chapter 40.16
Chapter 40.16 RCW
PENAL PROVISIONS
Sections
40.16.010
40.16.020
40.16.030
Injury to public record.
Injury to and misappropriation of record.
Offering false instrument for filing or record.
Fraud: Chapter 9A.60 RCW.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Misconduct of public officers: Chapter 42.20 RCW.
Public works accounts and records, penalty for falsifying: RCW 39.04.110.
40.16.010
40.16.010 Injury to public record. Every person who
shall willfully and unlawfully remove, alter, mutilate,
destroy, conceal, or obliterate a record, map, book, paper,
document, or other thing filed or deposited in a public office,
or with any public officer, by authority of law, is guilty of a
class C felony and shall be punished by imprisonment in a
state correctional facility for not more than five years, or by a
fine of not more than one thousand dollars, or by both. [2003
c 53 § 214; 1992 c 7 § 34; 1909 c 249 § 95; RRS § 2347.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
40.16.020
40.16.020 Injury to and misappropriation of record.
Every officer who shall mutilate, destroy, conceal, erase,
obliterate, or falsify any record or paper appertaining to the
officer’s office, or who shall fraudulently appropriate to the
officer’s own use or to the use of another person, or secrete
with intent to appropriate to such use, any money, evidence
of debt or other property intrusted to the officer by virtue of
the officer’s office, is guilty of a class B felony and shall be
punished by imprisonment in a state correctional facility for
not more than ten years, or by a fine of not more than five
thousand dollars, or by both. [2003 c 53 § 215; 1992 c 7 § 35;
1909 c 249 § 96; RRS § 2348.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
40.16.030
40.16.030 Offering false instrument for filing or
record. Every person who shall knowingly procure or offer
any false or forged instrument to be filed, registered, or
recorded in any public office, which instrument, if genuine,
might be filed, registered or recorded in such office under any
law of this state or of the United States, is guilty of a class C
felony and shall be punished by imprisonment in a state correctional facility for not more than five years, or by a fine of
not more than five thousand dollars, or by both. [2003 c 53 §
216; 1992 c 7 § 36; 1909 c 249 § 97; RRS § 2349.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(2010 Ed.)
Chapter 40.24
Chapter 40.20 RCW
REPRODUCED RECORDS FOR GOVERNMENTS
AND BUSINESS
Chapter 40.20
Sections
40.20.010
40.20.020
40.20.030
"Business" defined.
Reproduction by film or photograph.
Use as original.
Court records, destruction and reproduction: RCW 36.23.065 through
36.23.070.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Method for recordation of plats and documents: RCW 65.04.040.
Uniform business records as evidence act: Chapter 5.45 RCW.
Uniform photographic copies of business and public records as evidence
act: Chapter 5.46 RCW.
40.20.010 "Business" defined. For the purpose of this
chapter, the term "business" shall mean and include business,
industry, profession, occupation and calling of every kind.
[1949 c 223 § 3; Rem. Supp. 1949 § 1257-6.]
40.20.010
40.20.020 Reproduction by film or photograph. The
head of any business or the head of any state, county or
municipal department, commission, bureau or board may
cause any or all records required or authorized by law to be
made or kept by such official, department, commission,
bureau, board, or business to be photographed, microphotographed, reproduced on film, or photocopied for all purposes
of recording documents, plats, files or papers, or copying or
reproducing such records. Such film or reproducing material
shall be of permanent material and the device used to reproduce such records on such film or material shall be such as to
accurately reproduce and perpetuate the original records in
all details, and shall be approved for the intended purpose:
PROVIDED, That the state archivist shall approve such
material for state records use: PROVIDED, FURTHER,
That the state auditor shall approve such material for use by
local governmental subdivisions. [1981 c 32 § 5; 1973 c 95 §
1; 1949 c 223 § 1; Rem. Supp. 1949 § 1257-4.]
40.20.020
40.20.030 Use as original. Such photostatic copy, photograph, microphotograph or photographic film record, or
copy of the original records shall be deemed to be an original
record for all purposes, and shall be admissible in evidence in
all courts or administrative agencies. A facsimile, exemplification or certified copy thereof shall, for all purposes recited
herein, be deemed to be a transcript, exemplification or certified copy of the original. [1949 c 223 § 2; Rem. Supp. 1949
§ 1257-5.]
40.20.030
Chapter 40.24 RCW
ADDRESS CONFIDENTIALITY FOR VICTIMS OF
DOMESTIC VIOLENCE, SEXUAL ASSAULT,
AND STALKING
Chapter 40.24
Sections
40.24.010
40.24.020
40.24.030
40.24.040
40.24.050
Findings—Purpose.
Definitions.
Address confidentiality program—Application—Certification.
Certification cancellation.
Agency use of designated address.
[Title 40 RCW—page 11]
40.24.010
40.24.060
40.24.070
40.24.075
40.24.080
40.24.090
Title 40 RCW: Public Documents, Records, and Publications
Voting by program participant—Use of address by county
auditor.
Disclosure of records prohibited—Exceptions.
Court order for address confidentiality program participant
information.
Assistance for program applicants.
Adoption of rules.
40.24.010 Findings—Purpose. The legislature finds
that persons attempting to escape from actual or threatened
domestic violence, sexual assault, trafficking, or stalking frequently establish new addresses in order to prevent their
assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to
respond to requests for public records without disclosing the
location of a victim of domestic violence, sexual assault, trafficking, or stalking, to enable interagency cooperation with
the secretary of state in providing address confidentiality for
victims of domestic violence, sexual assault, trafficking, or
stalking, and to enable state and local agencies to accept a
program participant’s use of an address designated by the
secretary of state as a substitute mailing address. [2008 c 312
§ 1; 2001 c 28 § 1; 1998 c 138 § 1; 1991 c 23 § 1.]
40.24.010
40.24.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Address" means a residential street address, school
address, or work address of an individual, as specified on the
individual’s application to be a program participant under
this chapter.
(2) "Domestic violence" means an act as defined in
RCW 10.99.020 and includes a threat of such acts committed
against an individual in a domestic situation, regardless of
whether these acts or threats have been reported to law
enforcement officers.
(3) "Program participant" means a person certified as a
program participant under RCW 40.24.030.
(4) "Stalking" means an act defined in RCW 9A.46.110
and includes a threat of such acts committed against an individual, regardless of whether these acts or threats have been
reported to law enforcement officers.
(5) "Trafficking" means an act as defined in RCW
9A.40.100 or an act recognized as a severe form of trafficking under 22 U.S.C. Sec. 7102(8) as it existed on June 12,
2008, or such subsequent date as may be provided by the secretary of state by rule, consistent with the purposes of this
subsection, regardless of whether the act has been reported to
law enforcement. [2008 c 312 § 2; 2008 c 18 § 1; 1991 c 23
§ 2.]
40.24.020
Reviser’s note: This section was amended by 2008 c 18 § 1 and by
2008 c 312 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
40.24.030 Address confidentiality program—Application—Certification. (1) An adult person, a parent or
guardian acting on behalf of a minor, or a guardian acting on
behalf of an incapacitated person, as defined in RCW
11.88.010, may apply to the secretary of state to have an
address designated by the secretary of state serve as the person’s address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is
40.24.030
[Title 40 RCW—page 12]
filed in the manner and on the form prescribed by the secretary of state and if it contains:
(a) A sworn statement, under penalty of perjury, by the
applicant that the applicant has good reason to believe (i) that
the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence, sexual assault, trafficking, or stalking; and (ii) that the
applicant fears for his or her safety or his or her children’s
safety, or the safety of the minor or incapacitated person on
whose behalf the application is made;
(b) If applicable, a sworn statement, under penalty of
perjury, by the applicant, that the applicant has reason to
believe they are a victim of domestic violence, sexual assault,
or stalking perpetrated by an employee of a law enforcement
agency;
(c) A designation of the secretary of state as agent for
purposes of service of process and for the purpose of receipt
of mail;
(d) The residential address and any telephone number
where the applicant can be contacted by the secretary of state,
which shall not be disclosed because disclosure will increase
the risk of domestic violence, sexual assault, trafficking, or
stalking;
(e) The signature of the applicant and of any individual
or representative of any office designated in writing under
RCW 40.24.080 who assisted in the preparation of the application, and the date on which the applicant signed the application.
(2) Applications shall be filed with the office of the secretary of state.
(3) Upon filing a properly completed application, the
secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or
invalidated before that date. The secretary of state shall by
rule establish a renewal procedure.
(4) A person who falsely attests in an application that
disclosure of the applicant’s address would endanger the
applicant’s safety or the safety of the applicant’s children or
the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect
information upon making an application, shall be punishable
under RCW 40.16.030 or other applicable statutes. [2008 c
312 § 3; 2008 c 18 § 2; 2001 c 28 § 2; 1998 c 138 § 2; 1991 c
23 § 3.]
Reviser’s note: This section was amended by 2008 c 18 § 2 and by
2008 c 312 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
40.24.040 Certification cancellation. (1) If the program participant obtains a legal change of identity, he or she
loses certification as a program participant.
(2) The secretary of state may cancel a program participant’s certification if there is a change in the residential
address, unless the program participant provides the secretary
of state with at least two days’ prior notice in writing of the
change of address.
(3) The secretary of state may cancel certification of a
program participant if mail forwarded by the secretary to the
40.24.040
(2010 Ed.)
Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking
program participant’s address is returned as nondeliverable,
refused, or unclaimed.
(4) The secretary of state shall cancel certification of a
program participant who applies using false information.
[2008 c 18 § 3; 1991 c 23 § 4.]
40.24.050 Agency use of designated address. (1) A
program participant may request that state and local agencies
use the address designated by the secretary of state as his or
her address. When creating a new public record, state and
local agencies shall accept the address designated by the secretary of state as a program participant’s substitute address,
unless the secretary of state has determined that:
(a) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this chapter; and
(b) This address will be used only for those statutory and
administrative purposes.
(2) A program participant may use the address designated by the secretary of state as his or her work address.
(3) The office of the secretary of state shall forward all
first-class mail to the appropriate program participants.
[1991 c 23 § 5.]
40.24.050
40.24.060 Voting by program participant—Use of
address by county auditor. A program participant who is
otherwise qualified to vote may register as an ongoing absentee voter under RCW 29A.40.040. The county auditor shall
transmit the absentee ballot to the program participant at the
mailing address provided. Neither the name nor the address
of a program participant shall be included in any list of registered voters available to the public. [2008 c 18 § 4; 1991 c 23
§ 6.]
40.24.060
40.24.090
40.24.075 Court order for address confidentiality
program participant information. A court order for
address confidentiality program participant information may
only be issued upon a probable cause finding by a judicial
officer that release of address confidentiality program participant information is legally necessary:
(1) In the course of a criminal investigation or prosecution; or
(2) To prevent immediate risk to a minor and meet the
statutory requirements of the Washington child welfare system.
Any court order so issued will prohibit the release of the
information to any other agency or person not a party to the
order. [2008 c 18 § 6.]
40.24.075
40.24.080 Assistance for program applicants. The
secretary of state shall designate state and local agencies and
nonprofit agencies that provide counseling and shelter services to victims of domestic violence, sexual assault, trafficking, or stalking to assist persons applying to be program participants. Any assistance and counseling rendered by the
office of the secretary of state or its designees to applicants
shall in no way be construed as legal advice. [2008 c 312 § 4;
2001 c 28 § 3; 1998 c 138 § 4; 1991 c 23 § 8.]
40.24.080
40.24.090 Adoption of rules. The secretary of state
may adopt rules to facilitate the administration of this chapter
by state and local agencies. [1991 c 23 § 9.]
40.24.090
40.24.070 Disclosure of records prohibited—Exceptions. The secretary of state may not make any records in a
program participant’s file available for inspection or copying,
other than the address designated by the secretary of state,
except under the following circumstances:
(1) If requested by a law enforcement agency, to the law
enforcement agency; and
(a) The participant’s application contains no indication
that he or she has been a victim of domestic violence, sexual
assault, or stalking perpetrated by a law enforcement
employee; and
(b) The request is in accordance with official law
enforcement duties and is in writing on official law enforcement letterhead stationery and signed by the law enforcement
agency’s chief officer, or his or her designee; or
(2) If directed by a court order, to a person identified in
the order; and
(a) The request is made by a nonlaw enforcement
agency; or
(b) The participant’s file indicates he or she has reason to
believe he or she is a victim of domestic violence, sexual
assault, or stalking perpetrated by a law enforcement
employee. [2008 c 18 § 5; 1999 c 53 § 1; 1998 c 138 § 3;
1991 c 23 § 7.]
40.24.070
Additional notes found at www.leg.wa.gov
(2010 Ed.)
[Title 40 RCW—page 13]
Title 41
PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
Title 41
Chapters
41.04
41.05
41.06
41.07
41.08
41.12
41.14
41.16
41.18
41.20
41.22
41.24
41.26
41.28
41.31A
41.32
41.33
41.34
41.35
41.37
41.40
41.41
41.44
41.45
41.47
41.48
41.50
41.54
41.56
41.58
41.59
41.60
41.68
41.72
41.76
41.80
General provisions.
State health care authority.
State civil service law.
Central personnel-payroll system.
Civil service for city firefighters.
Civil service for city police.
Civil service for sheriff’s office.
Firefighters’ relief and pensions—1947 act.
Firefighters’ relief and pensions—1955 act.
Police relief and pensions in first-class cities.
Law enforcement chaplains.
Volunteer firefighters’ and reserve officers’
relief and pensions.
Law enforcement officers’ and firefighters’
retirement system.
Retirement of personnel in certain first-class
cities.
Extraordinary investment gains—Plan 3.
Teachers’ retirement.
Teachers’ retirement—Federal social security.
Plan 3 retirement system contributions.
Washington school employees’ retirement system.
Washington public safety employees’ retirement system.
Washington public employees’ retirement system.
State employees’ retirement—Federal social
security.
Statewide city employees’ retirement.
Actuarial funding of state retirement systems.
Acceptance of old age and survivors’ insurance—1941 act.
Federal social security for public employees.
Department of retirement systems.
Portability of public retirement benefits.
Public employees’ collective bargaining.
Public employment labor relations.
Educational employment relations act.
State employees’ suggestion awards and incentive pay.
Reparations to state employees terminated
during World War II.
Law enforcement medal of honor.
Public four-year institutions of higher education—Faculty labor relations.
State collective bargaining.
AIDS education and training: Chapter 70.24 RCW.
Application forms for public employment—Mention of race or religion prohibited—Penalty: RCW 43.01.100.
Assumption of obligations of private pension plan when
private utility acquired by public utility district: RCW 54.04.130 through
54.04.150.
urban transportation system acquired: RCW 54.04.160.
Cities and towns
group insurance for employees: RCW 35.23.460.
residence requirements for officers and employees: RCW 35.21.200.
(2010 Ed.)
utility employees in cities of first class, collective bargaining for wages,
etc.: RCW 35.22.350.
County employees, payroll deductions for contributions, payments, and dues
authorized: RCW 36.17.045.
County officers, salaries and expenses: Chapter 36.17 RCW.
Designation of agency to carry out federal social security disability program: RCW 43.17.120, 43.17.130.
Emergency management employees, compensation for injuries, etc., procedure: RCW 38.52.190 through 38.52.380.
Exemption from payment of college fees for children and surviving spouses
of law enforcement officer, firefighter, or state patrol officer totally
disabled or losing life: RCW 28B.15.380, 28B.15.385, and
28B.15.520.
Fire protection district personnel—Group life insurance: RCW 52.12.031.
Free transportation for public officers prohibited: State Constitution Art. 12
§ 20.
Institutions’ employees, hours and wages: RCW 72.01.042, 72.01.043.
Insurance for certain school employees: RCW 28A.400.350, 28B.10.660.
Labor regulations: Title 49 RCW.
Leaves for duty with emergency management agency: RCW 38.52.140.
Military leave of absence for public employees: RCW 38.40.060.
Militia officers and enlisted persons
claims, pay, expenses: Chapter 38.24 RCW.
compensation for death or disability: RCW 38.40.030.
Public officers and employees in general: Title 42 RCW.
Public works, employees: Title 39 RCW.
State officers and employees
defense by attorney general: RCW 10.01.150.
salaries and expenses: Chapter 43.03 RCW.
vacations: RCW 43.01.040 through 43.01.044.
State patrol retirement: Chapter 43.43 RCW.
Subversive activities, public officers and employees: Chapter 9.81 RCW.
Tax deferred annuities for education employees: RCW 28A.400.250,
28B.10.480.
Unemployment compensation: Title 50 RCW.
Workers’ compensation: Title 51 RCW.
Chapter 41.04
Chapter 41.04 RCW
GENERAL PROVISIONS
Sections
41.04.005
41.04.007
41.04.010
41.04.015
41.04.017
41.04.020
41.04.030
41.04.033
41.04.0331
41.04.0332
41.04.035
"Veteran" defined for certain purposes.
"Veteran" defined for certain purposes.
Veterans’ scoring criteria status in examinations.
Public employment—Evidence of educational competence.
Death benefit—Course of employment—Occupational disease
or infection.
Public employees—Payroll deductions authorized.
Payroll deductions—Duty of auditing officer.
Operation of the Washington state combined fund drive—Secretary of state—Rules.
State combined fund drive program—Powers and duties of
secretary of state.
State combined fund drive—Secretary of state—Contracts and
partnerships.
Salary and wage deductions for contributions to charitable
agencies—"United Fund" defined—Includes Washington
state combined fund drive.
[Title 41 RCW—page 1]
41.04.005
41.04.036
41.04.039
41.04.110
41.04.120
41.04.130
41.04.140
41.04.150
41.04.160
41.04.170
41.04.180
41.04.190
41.04.205
41.04.208
41.04.212
41.04.220
41.04.230
41.04.232
41.04.233
41.04.235
41.04.240
41.04.245
41.04.270
41.04.273
41.04.276
41.04.278
41.04.281
41.04.300
41.04.340
41.04.350
41.04.360
41.04.362
41.04.370
41.04.375
41.04.380
41.04.382
41.04.385
41.04.390
41.04.393
41.04.395
41.04.400
41.04.405
41.04.410
41.04.415
Title 41 RCW: Public Employment, Civil Service, and Pensions
Salary and wage deductions for contributions to charitable
agencies—Deduction and payment to United Fund or Washington state combined fund drive—Rules, procedures.
Washington state combined fund drive account—Created.
Persons employed by more than one agency—Joint operation—May provide membership in single system.
Civil service and retirement rights preserved when elective
office assumed.
Extension of provisions of retirement and pension systems by
cities of the first class to nonincluded personnel.
Interchange of personnel between federal and state agencies—
"State agency" defined.
Interchange of personnel between federal and state agencies—
Agreements—Provisions.
Interchange of personnel between federal and state agencies—
Employment status of state employees participating—
Retirement—Civil service.
Interchange of personnel between federal and state agencies—
Employment status of federal employees participating—
Retirement—Civil service.
Hospitalization and medical aid for county, municipal and
other political subdivision employees—Governmental contributions authorized.
Hospitalization and medical aid for county, municipal and
other political subdivision employees or elected officials—
Cost not additional compensation—Disbursement.
Participation of county, municipal, and other political subdivision employees in state employees’ insurance or self-insurance and health care program—Transfer procedure.
Local government retirees—Health care—Definitions—Participation—Exception.
Local government retirees—Health care—Administration.
Department of general administration to procure health benefit
programs—Other governmental entities may use services.
Payroll deductions authorized.
Transition to two payrolls per month—Guidelines on deductions and deferrals.
Payroll deductions for capitation payments to health maintenance organizations.
Retirement allowance deductions for health care benefit plans.
Direct deposit of salaries into financial institutions authorized.
Payroll deductions to a bank, savings bank, credit union, or
savings and loan association.
Public retirement systems—Members or beneficiaries
estopped from becoming a member or accruing rights in any
other public retirement system—Exceptions.
Prohibition of retirement benefits passing to slayer or abuser
beneficiary—Determination by department of retirement
systems—Duties upon notice—Payment upon verdicts—
Admissibility of evidence—Immunity.
Select committee on pension policy—Creation—Membership—Terms of office—Staff support.
Select committee on pension policy—Subcommittees.
Select committee on pension policy—Powers and duties.
Travel expenses of state officials and employees.
State employee attendance incentive program—Sick leave
records to be kept—Remuneration or benefits for unused
sick leave.
Mandatory retirement prior to seventy years of age prohibited—Exceptions—Waiver of mandatory retirement.
State-employed chaplains—Housing allowance.
Employee wellness program.
Child care—Legislative intent.
Child care—Rental of suitable space.
Child care—Contracts—Provision of suitable space at reduced
cost authorized.
Child care organizations—Qualifications for services.
Child care—Legislative findings—State policy—Responsibilities of director of personnel.
Flexible-time work schedules.
Public safety officers—Retirement benefits—Death in the line
of duty.
Disability accommodation revolving fund—Disbursements.
Consolidation of local governmental unit and first-class city
retirement system—Intent.
Consolidation of local governmental unit and first-class city
retirement system—Definitions.
Consolidation of local governmental unit and first-class city
retirement system—Membership in public employees’ or
public safety employees’ retirement system.
Consolidation of local governmental unit and first-class city
retirement system—Membership in first-class city retirement system.
[Title 41 RCW—page 2]
41.04.420
41.04.425
41.04.430
41.04.440
41.04.445
41.04.450
41.04.455
41.04.460
41.04.500
41.04.505
41.04.510
41.04.515
41.04.520
41.04.525
41.04.530
41.04.535
41.04.540
41.04.545
41.04.550
41.04.580
41.04.585
41.04.590
41.04.595
41.04.650
41.04.655
41.04.660
41.04.665
41.04.670
41.04.680
41.04.685
41.04.700
41.04.710
41.04.720
41.04.730
41.04.750
41.04.760
41.04.770
41.04.780
41.04.800
41.04.810
41.04.900
Consolidation of local governmental unit and first-class city
retirement system—Newly created legal entity.
Consolidation of local governmental unit and first-class city
retirement system—Limitations.
Consolidation of local governmental unit and first-class city
retirement system—Compliance with laws and rules—
Application of sections.
Members’ retirement contributions—Pick up by employer—
Purpose—Benefits not contractual right.
Members’ retirement contributions—Pick up by employer—
Implementation.
Members’ retirement contributions—Pick up by employer—
Optional implementation and withdrawal.
Members’ retirement contributions—Pick up by employer—
Conditions.
Financial planning for retirement—Department of personnel
to provide information to retirement system members.
Disability leave supplement for law enforcement officers and
firefighters.
Disability leave supplement for law enforcement officers and
firefighters—Amount.
Disability leave supplement for law enforcement officers and
firefighters—Payment.
Disability leave supplement for law enforcement officers and
firefighters—Time limitation.
Disability leave supplement for law enforcement officers and
firefighters—Employee to perform light duty tasks.
Disability leave supplement for law enforcement officers and
firefighters—Continuation of employee insurance benefits.
Disability leave supplement for law enforcement officers and
firefighters—Exhaustion of accrued sick leave.
Disability leave supplement for law enforcement officers and
firefighters—Greater benefits not precluded.
Disability leave supplement for law enforcement officers and
firefighters—Supplement not required in smaller cities,
towns, and counties.
Disability leave supplement for law enforcement officers and
firefighters—Vested right not created.
Disability leave supplement for law enforcement officers and
firefighters—Not subject to interest arbitration.
Dismissal of municipal employees during World War II—
Redress authorized.
Dismissal of municipal employees during World War II—
Redress not mandatory.
Dismissal of municipal employees during World War II—
Redress—Limitations.
Dismissal of municipal employees during World War II—Definitions.
Leave sharing program—Intent.
Leave sharing program—Definitions.
Leave sharing program—Created.
Leave sharing program—When employee may receive
leave—When employee may transfer accrued leave—Transfer of leave between employees of different agencies.
Leave sharing program—Adoption of rules.
Pooled sick leave—Plan establishment—Calculations—Participation—Higher education institutions.
Uniformed service shared leave pool—Creation—Administration—Restrictions—Definitions.
Employee assistance program—Intent.
Employee assistance program—Created.
Employee assistance program—Director of human
resources—Duties.
Employee assistance program—Information confidential—
Exceptions.
Supported employment—Definitions.
Supported employment—State agency participation.
Supported employment—Implementation.
Supported employment—Impact on other employment positions.
Chapter not applicable to officers and employees of state convention and trade center.
Title not applicable to individual providers, family child care
providers, adult family home providers, and language access
providers.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Payroll deductions authorized for school district employees: RCW
28A.405.400 and 28A.405.410.
41.04.005 "Veteran" defined for certain purposes.
(1) As used in RCW 41.04.005, 41.16.220, 41.20.050,
41.04.005
(2010 Ed.)
General Provisions
41.40.170, and *28B.15.380 "veteran" includes every person,
who at the time he or she seeks the benefits of RCW
41.04.005, 41.16.220, 41.20.050, 41.40.170, or *28B.15.380
has received an honorable discharge, is actively serving honorably, or received a discharge for physical reasons with an
honorable record and who meets at least one of the following
criteria:
(a) The person has served between World War I and
World War II or during any period of war, as defined in subsection (2) of this section, as either:
(i) A member in any branch of the armed forces of the
United States;
(ii) A member of the women’s air forces service pilots;
(iii) A U.S. documented merchant mariner with service
aboard an oceangoing vessel operated by the war shipping
administration, the office of defense transportation, or their
agents, from December 7, 1941, through December 31, 1946;
or
(iv) A civil service crewmember with service aboard a
U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941,
through December 31, 1946; or
(b) The person has received the armed forces expeditionary medal, or marine corps and navy expeditionary medal, for
opposed action on foreign soil, for service:
(i) In any branch of the armed forces of the United
States; or
(ii) As a member of the women’s air forces service
pilots.
(2) A "period of war" includes:
(a) World War I;
(b) World War II;
(c) The Korean conflict;
(d) The Vietnam era, which means:
(i) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the
Republic of Vietnam during that period;
(ii) The period beginning August 5, 1964, and ending on
May 7, 1975;
(e) The Persian Gulf War, which was the period beginning August 2, 1990, and ending on the date prescribed by
presidential proclamation or law;
(f) The period beginning on the date of any future declaration of war by the congress and ending on the date prescribed by presidential proclamation or concurrent resolution
of the congress; and
(g) The following armed conflicts, if the participant was
awarded the respective campaign badge or medal: The crisis
in Lebanon; the invasion of Grenada; Panama, Operation Just
Cause; Somalia, Operation Restore Hope; Haiti, Operation
Uphold Democracy; Bosnia, Operation Joint Endeavor;
Operation Noble Eagle; southern or central Asia, Operation
Enduring Freedom; and Persian Gulf, Operation Iraqi Freedom. [2005 c 255 § 1; 2005 c 247 § 1. Prior: 2002 c 292 §
1; 2002 c 27 § 1; 1999 c 65 § 1; 1996 c 300 § 1; 1991 c 240 §
1; 1984 c 36 § 1; 1983 c 230 § 1; 1982 1st ex.s. c 37 § 20;
1969 ex.s. c 269 § 1.]
Reviser’s note: *(1) RCW 28B.15.380 was amended by 2005 c 249 §
2 and no longer applies to veterans. For later enactment, see RCW
28B.15.621.
(2) This section was amended by 2005 c 247 § 1 and by 2005 c 255 §
(2010 Ed.)
41.04.007
1, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—2005 c 247: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 247 § 3.]
Effective date—2005 c 247: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 3, 2005]." [2005 c 247 § 4.]
Additional notes found at www.leg.wa.gov
41.04.007 "Veteran" defined for certain purposes.
(Effective until July 1, 2011.) "Veteran" includes every person, who at the time he or she seeks the benefits of RCW
46.16.30920, 72.36.030, 41.04.010, 73.04.090, 73.04.110,
73.08.010, 73.08.070, 73.08.080, or 43.180.250 has received
an honorable discharge or received a discharge for medical
reasons with an honorable record, where applicable, and who
has served in at least one of the following capacities:
(1) As a member in any branch of the armed forces of the
United States, including the national guard and armed forces
reserves, and has fulfilled his or her initial military service
obligation;
(2) As a member of the women’s air forces service
pilots;
(3) As a member of the armed forces reserves, national
guard, or coast guard, and has been called into federal service
by a presidential select reserve call up for at least one hundred eighty cumulative days;
(4) As a civil service crewmember with service aboard a
U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941,
through December 31, 1946;
(5) As a member of the Philippine armed forces/scouts
during the period of armed conflict from December 7, 1941,
through August 15, 1945; or
(6) A United States documented merchant mariner with
service aboard an oceangoing vessel operated by the department of defense, or its agents, from both June 25, 1950,
through July 27, 1953, in Korean territorial waters and from
August 5, 1964, through May 7, 1975, in Vietnam territorial
waters, and who received a military commendation. [2007 c
448 § 1; 2006 c 252 § 2. Prior: 2005 c 251 § 1; 2005 c 216 §
7; 2002 c 292 § 2.]
41.04.007
41.04.007 "Veteran" defined for certain purposes.
(Effective July 1, 2011.) "Veteran" includes every person,
who at the time he or she seeks the benefits of RCW
46.18.212, 46.18.235, 72.36.030, 41.04.010, 73.04.090,
73.08.010, 73.08.070, 73.08.080, or 43.180.250 has received
an honorable discharge or received a discharge for medical
reasons with an honorable record, where applicable, and who
has served in at least one of the following capacities:
(1) As a member in any branch of the armed forces of the
United States, including the national guard and armed forces
reserves, and has fulfilled his or her initial military service
obligation;
(2) As a member of the women’s air forces service
pilots;
41.04.007
[Title 41 RCW—page 3]
41.04.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) As a member of the armed forces reserves, national
guard, or coast guard, and has been called into federal service
by a presidential select reserve call up for at least one hundred eighty cumulative days;
(4) As a civil service crewmember with service aboard a
U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941,
through December 31, 1946;
(5) As a member of the Philippine armed forces/scouts
during the period of armed conflict from December 7, 1941,
through August 15, 1945; or
(6) A United States documented merchant mariner with
service aboard an oceangoing vessel operated by the department of defense, or its agents, from both June 25, 1950,
through July 27, 1953, in Korean territorial waters and from
August 5, 1964, through May 7, 1975, in Vietnam territorial
waters, and who received a military commendation. [2010 c
161 § 1105; 2007 c 448 § 1; 2006 c 252 § 2. Prior: 2005 c
251 § 1; 2005 c 216 § 7; 2002 c 292 § 2.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws
of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
41.04.010 Veterans’ scoring criteria status in examinations. In all competitive examinations, unless otherwise
provided in this section, to determine the qualifications of
applicants for public offices, positions, or employment, either
the state, and all of its political subdivisions and all municipal
corporations, or private companies or agencies contracted
with by the state to give the competitive examinations shall
give a scoring criteria status to all veterans as defined in
RCW 41.04.007, by adding to the passing mark, grade or rating only, based upon a possible rating of one hundred points
as perfect a percentage in accordance with the following:
(1) Ten percent to a veteran who served during a period
of war or in an armed conflict as defined in RCW 41.04.005
and does not receive military retirement. The percentage
shall be added to the passing mark, grade, or rating of competitive examinations until the veteran’s first appointment.
The percentage shall not be utilized in promotional examinations;
(2) Five percent to a veteran who did not serve during a
period of war or in an armed conflict as defined in RCW
41.04.005 or is receiving military retirement. The percentage
shall be added to the passing mark, grade, or rating of competitive examinations until the veteran’s first appointment.
The percentage shall not be utilized in promotional examinations;
(3) Five percent to a veteran who was called to active
military service from employment with the state or any of its
political subdivisions or municipal corporations. The percentage shall be added to promotional examinations until the
first promotion only;
(4) All veterans’ scoring criteria may be claimed upon
release from active military service. [2009 c 248 § 1; 2007 c
449 § 1; 2003 c 45 § 1; 2002 c 292 § 4; 2000 c 140 § 1; 1974
ex.s. c 170 § 1; 1969 ex.s. c 269 § 2; 1953 ex.s. c 9 § 1; 1949
c 134 § 1; 1947 c 119 § 1; 1945 c 189 § 1; Rem. Supp. 1949
§ 9963-5.]
41.04.010
Veterans and veterans’ affairs: Title 73 RCW.
[Title 41 RCW—page 4]
41.04.015 Public employment—Evidence of educational competence. A Washington certificate of educational
competence as awarded by the Washington state superintendent of public instruction or an official report of equivalent
acceptable scores of the general educational development test
shall be accepted in lieu of a high school diploma by the state
and any local political subdivision when considering applicants for employment or promotion. [1971 c 43 § 1.]
41.04.015
41.04.017 Death benefit—Course of employment—
Occupational disease or infection. A one hundred fifty
thousand dollar death benefit shall be paid as a sundry claim
to the estate of an employee of any state agency, the common
school system of the state, or institution of higher education
who dies as a result of (1) injuries sustained in the course of
employment; or (2) an occupational disease or infection that
arises naturally and proximately out of employment covered
under this chapter, and is not otherwise provided a death benefit through coverage under their enrolled retirement system
under chapter 402, Laws of 2003. The determination of eligibility for the benefit shall be made consistent with Title 51
RCW by the department of labor and industries. The department of labor and industries shall notify the director of the
department of general administration by order under RCW
51.52.050. [2007 c 487 § 1; 2003 c 402 § 4.]
41.04.017
41.04.020 Public employees—Payroll deductions
authorized. Any employee or group of employees of the
state of Washington or any of its political subdivisions, or of
any institution supported, in whole or in part, by the state or
any of its political subdivisions, may authorize the deduction
from his or her salaries or wages and payment to another, the
amount or amounts of his or her subscription payments or
contributions to any person, firm, or corporation administering, furnishing, or providing (1) medical, surgical, and hospital care or either of them, or (2) life insurance or accident and
health disability insurance, or (3) any individual retirement
account selected by the employee or the employee’s spouse
established under applicable state or federal law: PROVIDED, That such authorization by said employee or group
of employees, shall be first approved by the head of the
department, division office or institution of the state or any
political subdivision thereof, employing such person or group
of persons, and filed with the department of personnel; or in
the case of political subdivisions of the state of Washington,
with the auditor of such political subdivision or the person
authorized by law to draw warrants against the funds of said
political subdivision. [1998 c 116 § 1; 1982 c 107 § 1; 1973
c 106 § 15; 1947 c 70 § 1; Rem. Supp. 1947 § 9963-10.]
41.04.020
Group insurance
disability: Chapter 48.21 RCW.
for employees of
cities and towns: RCW 35.23.460.
counties: RCW 36.32.400.
life: Chapter 48.24 RCW.
41.04.030 Payroll deductions—Duty of auditing
officer. Upon being authorized by any employee or group of
employees so to do under the provisions of RCW 41.04.020,
the auditor or other person authorized to draw warrants
against the funds involved is authorized, and if such medical,
41.04.030
(2010 Ed.)
General Provisions
surgical, and hospital care or either of them, or life insurance
or accident and health disability insurance is to be provided
on a group basis for groups each of not less than twenty-five
individuals such auditor or other person is hereby required, to
draw and issue a proper warrant or warrants directly to and in
favor of the person, firm, or corporation, or organization
named in the authorization for the total amount authorized to
be deducted from the payroll of any such office, department,
division, or institution. [1953 c 260 § 1; 1947 c 70 § 2; Rem.
Supp. 1947 § 9963-11.]
41.04.039
Reviser’s note: This section was amended by 2010 c 101 § 2 and by
2010 1st sp.s. c 7 § 10, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
41.04.033 Operation of the Washington state combined fund drive—Secretary of state—Rules. The secretary of state is authorized to adopt rules, after consultation
with state agencies, institutions of higher education, and
employee organizations for the operation of the Washington
state combined fund drive. [2010 1st sp.s. c 7 § 9; 2010 c 101
§ 1; 2003 c 205 § 1; 2002 c 61 § 4.]
41.04.0332 State combined fund drive—Secretary of
state—Contracts and partnerships. The secretary of state
may enter into contracts and partnerships with private institutions, persons, firms, or corporations for the benefit of the
beneficiaries of the Washington state combined fund drive.
Activities of the Washington state combined fund drive shall
not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more
provisions of chapter 42.52 RCW. This section does not
authorize individual state agencies to enter into contracts or
partnerships unless otherwise authorized by law. [2010 1st
sp.s. c 7 § 11; 2010 c 101 § 3; 2003 c 205 § 3.]
Reviser’s note: This section was amended by 2010 c 101 § 1 and by
2010 1st sp.s. c 7 § 9, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Reviser’s note: This section was amended by 2010 c 101 § 3 and by
2010 1st sp.s. c 7 § 11, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
41.04.0331 State combined fund drive program—
Powers and duties of secretary of state. To operate the
Washington state combined fund drive program, the secretary of state or the secretary’s designee may, but is not limited
to the following:
(1) Raise money for charity, and reducing [reduce] the
disruption to government caused by multiple fund drives;
(2) Establish criteria by which a public or private nonprofit organization may participate in the combined fund
drive;
(3) Engage in or encouraging [encourage] fund-raising
activities including the solicitation and acceptance of charitable gifts, grants, and donations from state employees, retired
public employees, corporations, foundations, and other individuals for the benefit of the beneficiaries of the Washington
state combined fund drive;
(4) Request the appointment of employees from state
agencies and institutions of higher education to lead and
manage workplace charitable giving campaigns within state
government;
(5) Engage in educational activities, including classes,
exhibits, seminars, workshops, and conferences, related to
the basic purpose of the combined fund drive;
(6) Engage in appropriate fund-raising and advertising
activities for the support of the administrative duties of the
Washington state combined fund drive; and
(7) Charge an administrative fee to the beneficiaries of
the Washington state combined fund drive to fund the administrative duties of the Washington state combined fund drive.
Activities of the Washington state combined fund drive
shall not result in direct commercial solicitation of state
employees, or a benefit or advantage that would violate one
or more provisions of chapter 42.52 RCW. This section does
not authorize individual state agencies to enter into contracts
or partnerships unless otherwise authorized by law. [2010 1st
sp.s. c 7 § 10; 2010 c 101 § 2; 2003 c 205 § 2.]
41.04.035 Salary and wage deductions for contributions to charitable agencies—"United Fund" defined—
Includes Washington state combined fund drive. For the
purpose of RCW 41.04.035 and 41.04.036 "United Fund"
means the organization conducting the single, annual, consolidated effort to secure funds for distribution to agencies
engaged in charitable and public health, welfare and service
purposes, which is commonly known as the United Fund or
the Washington state combined fund drive. [2002 c 61 § 1;
1957 c 208 § 1.]
41.04.033
41.04.0331
(2010 Ed.)
41.04.0332
41.04.035
41.04.036 Salary and wage deductions for contributions to charitable agencies—Deduction and payment to
United Fund or Washington state combined fund drive—
Rules, procedures. Any official of the state or of any of its
political subdivisions authorized to disburse funds in payment of salaries or wages of public officers or employees is
authorized, upon written request of the officer or employee,
to deduct from the salary or wages of the officer or employee
the amount of money designated by the officer or employee
for payment to the United Fund or the Washington state combined fund drive.
The moneys so deducted shall be paid over promptly to
the United Fund or the Washington state combined fund
drive designated by the officer or employee. Subject to any
rules adopted by the office of financial management, the official authorized to disburse the funds in payment of salaries or
wages may prescribe any procedures necessary to carry out
RCW 41.04.035 and 41.04.036. [2002 c 61 § 2; 1983 1st
ex.s. c 28 § 2; 1979 c 151 § 53; 1973 c 106 § 16; 1957 c 208
§ 2.]
41.04.036
Additional notes found at www.leg.wa.gov
41.04.039 Washington state combined fund drive
account—Created. The Washington state combined fund
drive account is created in the custody of the state treasurer.
41.04.039
[Title 41 RCW—page 5]
41.04.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
All receipts from the combined fund drive must be deposited
into the account. Expenditures from the account may be used
only for the beneficiaries of the Washington state combined
fund drive. Only the secretary of state or the secretary’s designee may authorize expenditures from the account. The
account is not subject to allotment procedures under chapter
43.88 RCW, and an appropriation is not required for expenditures. [2010 c 101 § 4; 2002 c 61 § 3.]
personnel on projects which are of mutual benefit to the state
and federal government.
An interchange agreement shall specify the fiscal
arrangements to be made, including compensations, rights,
benefits and obligations of the employees concerned, travel
and transportation of employees, their immediate families
and household goods, and the duties and supervision of
employees while on assignment. [1959 c 102 § 2.]
41.04.110 Persons employed by more than one
agency—Joint operation—May provide membership in
single system. When there exists a joint operation of a public
service, the authorities may make provision for membership
of all new employees in one designated retirement system by
agreement with the proper authorities. [1951 c 98 § 5.]
41.04.160 Interchange of personnel between federal
and state agencies—Employment status of state employees participating—Retirement—Civil service. State
agency employees participating in an interchange may be
carried on detail or in a leave of absence status.
(1) Wherever practicable, employees should be carried
on detail. While on detail under an interchange agreement,
employees shall remain employees of the state agency for all
fiscal purposes, but shall receive no reimbursement for travel
or other expenses except as provided in RCW 41.04.150.
(2) State agency employees who receive temporary
appointments with federal agencies shall be carried by the
state agency in a leave of absence status. Participation in an
interchange shall be considered as service under any retirement system of which the employees are members. Arrangements for payment of employees’ contributions to a retirement system may be by the interchange agreement or otherwise. Employees participating in an interchange shall be
entitled to credit the full period toward promotion or salary
increase as provided by any applicable civil service laws or
regulations. [1959 c 102 § 3.]
41.04.110
41.04.120 Civil service and retirement rights preserved when elective office assumed. Any civil service
employee of the state of Washington or of any political subdivision thereof who is on leave of absence by reason of having been elected or appointed to an elective office shall be
preserved in his civil service status, his seniority, rank and
retirement rights so long as he regularly continues to make
the usual contribution incident to the retention of such beneficial rights as if he were not on leave of absence: PROVIDED, That such contributions being made shall be based
on the rank at the time of taking such leave of absence. [1957
c 164 § 1.]
41.04.120
41.04.130 Extension of provisions of retirement and
pension systems by cities of the first class to nonincluded
personnel. Any city of the first class may, by ordinance,
extend, upon conditions deemed proper, the provisions of
retirement and pension systems for superannuated and disabled officers and employees to officers and employees with
five years of continuous service and acting in capacities in
which they would otherwise not be entitled to participation in
such systems: PROVIDED, That the following shall be specifically exempted from the provisions of this section.
(1) Members of the police departments who are entitled
to the benefits of the police relief and pension fund as established by state law.
(2) Members of the fire department who are entitled to
the benefits of the *firemen’s relief and pension fund as
established by state law. [1945 c 52 § 1; 1941 c 192 § 1;
Rem. Supp. 1945 § 9592-129. Formerly codified as RCW
41.28.250.]
41.04.130
*Reviser’s note: The "firemen’s relief and pension fund" was changed
to the "firefighters’ relief and pension fund" by 2007 c 218 § 37.
41.04.140 Interchange of personnel between federal
and state agencies—"State agency" defined. "State
agency" means a board, department, commission or institution of the state or its political subdivisions. [1959 c 102 § 1.]
41.04.140
41.04.150 Interchange of personnel between federal
and state agencies—Agreements—Provisions. A state
agency may enter into agreements with departments or other
subdivisions of the federal government for the interchange of
41.04.150
[Title 41 RCW—page 6]
41.04.160
41.04.170 Interchange of personnel between federal
and state agencies—Employment status of federal
employees participating—Retirement—Civil service.
Federal employees participating in an interchange may
receive appointment by the state agency, or may be considered to be on detail with the state agency.
(1) Appointments of federal employees shall be made
without regard to civil service laws or regulations. Compensation shall be in accordance with the usual rates paid by the
state agency for similar positions.
An appropriate percentage of compensation shall be
deducted and transmitted to the federal agency for retirement
and insurance where the interchange agreement so provides.
(2) Federal employees on detail with a state agency
remain employees of and shall continue to receive their compensation from the federal agency, subject to the terms of the
interchange agreement. [1959 c 102 § 4.]
41.04.170
41.04.180 Hospitalization and medical aid for
county, municipal and other political subdivision employees—Governmental contributions authorized. Any
county, municipality, or other political subdivision of the
state acting through its principal supervising official or governing body may, whenever funds shall be available for that
purpose provide for all or a part of hospitalization and medical aid for its employees and their dependents through contracts with regularly constituted insurance carriers or with
health care service contractors as defined in chapter 48.44
RCW or self-insurers as provided for in chapter 48.62 RCW,
41.04.180
(2010 Ed.)
General Provisions
for group hospitalization and medical aid policies or plans:
PROVIDED, That any county, municipality, or other political subdivision of the state acting through its principal supervising official or governing body shall provide the employees
thereof a choice of policies or plans through contracts with
not less than two regularly constituted insurance carriers or
health care service contractors or other health care plans,
including but not limited to, trusts of self-insurance as provided for in chapter 48.62 RCW: AND PROVIDED FURTHER, That any county may provide such hospitalization
and medical aid to county elected officials and their dependents on the same basis as such hospitalization and medical
aid is provided to other county employees and their dependents: PROVIDED FURTHER, That provision for school
district personnel shall not be made under this section but
shall be as provided for in RCW 28A.400.350. [1991 sp.s. c
30 § 18; 1974 ex.s. c 82 § 1; 1973 1st ex.s. c 147 § 6; 1970
ex.s. c 39 § 10; 1969 ex.s. c 237 § 1; 1967 c 135 § 1; 1965 c
57 § 1; 1963 c 75 § 1.]
Retirement allowance deductions for health care benefit plans: RCW
41.04.235.
State health care authority: Chapter 41.05 RCW.
Additional notes found at www.leg.wa.gov
41.04.190 Hospitalization and medical aid for
county, municipal and other political subdivision employees or elected officials—Cost not additional compensation—Disbursement. The cost of a policy or plan to a public
agency or body is not additional compensation to the employees or elected officials covered thereby. The elected officials
to whom this section applies include but are not limited to
commissioners elected under chapters 28A.315, 52.14,
53.12, 54.12, 57.12, 70.44, and 87.03 RCW, as well as any
county elected officials who are provided insurance coverage
under RCW 41.04.180, and city officials elected under chapters 35.17, 35.22, 35.23, 35.27, 35A.12, and 35A.13 RCW.
Any officer authorized to disburse such funds may pay in
whole or in part to an insurance carrier or health care service
contractor the amount of the premiums due under the contract. [2007 c 42 § 1; 1996 c 230 § 1610; 1992 c 146 § 13;
1983 1st ex.s. c 37 § 1; 1965 c 57 § 2; 1963 c 75 § 2.]
41.04.190
Additional notes found at www.leg.wa.gov
41.04.205 Participation of county, municipal, and
other political subdivision employees in state employees’
insurance or self-insurance and health care program—
Transfer procedure. (1) Notwithstanding the provisions of
RCW 41.04.180, the employees, with their dependents, of
any county, municipality, or other political subdivision of
this state shall be eligible to participate in any insurance or
self-insurance program for employees administered under
chapter 41.05 RCW if the legislative authority of any such
county, municipality, or other political subdivisions of this
state determines, subject to collective bargaining under applicable statutes, a transfer to an insurance or self-insurance program administered under chapter 41.05 RCW should be
made. In the event of a special district employee transfer pursuant to this section, members of the governing authority
shall be eligible to be included in such transfer if such members are authorized by law as of June 25, 1976 to participate
41.04.205
(2010 Ed.)
41.04.208
in the insurance program being transferred from and subject
to payment by such members of all costs of insurance for
members.
(2) When the legislative authority of a county, municipality, or other political subdivision determines to so transfer,
the state health care authority shall:
(a) Establish the conditions for participation; and
(b) Have the sole right to reject the application.
Approval of the application by the state health care
authority shall effect a transfer of the employees involved to
the insurance, self-insurance, or health care program applied
for.
(3) Any application of this section to members of the law
enforcement officers’ and firefighters’ retirement system
under chapter 41.26 RCW is subject to chapter 41.56 RCW.
(4) School districts may voluntarily transfer, except that
all eligible employees in a bargaining unit of a school district
may transfer only as a unit and all nonrepresented employees
in a district may transfer only as a unit. [1995 1st sp.s. c 6 §
8; 1993 c 386 § 3; 1992 c 199 § 1; 1990 c 222 § 1; 1988 c 107
§ 17; 1975-’76 2nd ex.s. c 106 § 1.]
Intent—1993 c 386: See note following RCW 28A.400.391.
Additional notes found at www.leg.wa.gov
41.04.208 Local government retirees—Health care—
Definitions—Participation—Exception. (1) Unless the
context clearly requires otherwise, the definitions in this subsection apply throughout this section.
(a) "Disabled employee" means a person eligible to
receive a disability retirement allowance from the Washington law enforcement officers’ and firefighters’ retirement
system plan 2 and the public employees’ retirement system.
(b) "Health plan" means a contract, policy, fund, trust, or
other program established jointly or individually by a county,
municipality, or other political subdivision of the state that
provides for all or a part of hospitalization or medical aid for
its employees and their dependents under RCW 41.04.180.
(c) "Retired employee" means a public employee meeting the retirement eligibility, years of service requirements,
and other criteria of the Washington law enforcement officers’ and firefighters’ retirement system plan 2 and the public
employees’ retirement system.
(2) A county, municipality, or other political subdivision
that provides a health plan for its employees shall permit
retired and disabled employees and their dependents to continue participation in a plan subject to the exceptions, limitations, and conditions set forth in this section. However, this
section does not apply to a county, municipality, or other
political subdivision participating in an insurance program
administered under chapter 41.05 RCW if retired and disabled employees and their dependents of the participating
county, municipality, or other political subdivision are covered under an insurance program administered under chapter
41.05 RCW. Nothing in this subsection or chapter 319, Laws
of 2002 precludes the local government employer from offering retired or disabled employees a health plan with a benefit
structure, copayment, deductible, coinsurance, lifetime benefit maximum, and other plan features which differ from those
offered through a health plan provided to active employees.
Further, nothing in this subsection precludes a local govern41.04.208
[Title 41 RCW—page 7]
41.04.212
Title 41 RCW: Public Employment, Civil Service, and Pensions
ment employer from joining with other public agency
employers, including interjurisdictional benefit pools and
multi-employer associations or consortiums, to fulfill its obligations under chapter 319, Laws of 2002.
(3) A county, municipality, or other political subdivision
has full authority to require a person who requests continued
participation in a health plan under subsection (2) of this section to pay the full cost of such participation, including any
amounts necessary for administration. However, this subsection does not require an employer who is currently paying for
all or part of a health plan for its retired and disabled employees to discontinue those payments.
(4) Payments for continued participation in a former
employer’s health plan may be assigned to the underwriter of
the health plan from public pension benefits or may be paid to
the former employer, as determined by the former employer,
so that an underwriter of the health plan that is an insurance
company, health care service contractor, or health maintenance organization is not required to accept individual payments from persons continuing participation in the
employer’s health plan.
(5) After an initial open enrollment period of ninety days
after January 1, 2003, an employer may not be required to
permit a person to continue participation in the health plan if
the person is responsible for a lapse in coverage under the
plan. In addition, an employer may not be required to permit
a person to continue participation in the employer’s health
plan if the employer offered continued participation in a
health plan that meets the requirements of chapter 319, Laws
of 2002.
(6) If a person continuing participation in the former
employer’s health plan has medical coverage available
through another employer, the medical coverage of the other
employer is the primary coverage for purposes of coordination of benefits as provided for in the former employer’s
health plan.
(7) If a person’s continued participation in a health plan
was permitted because of the person’s relationship to a
retired or disabled employee of the employer providing the
health plan and the retired or disabled employee dies, then
that person is permitted to continue participation in the health
plan for a period of not more than six months after the death
of the retired or disabled employee. However, the employer
providing the health plan may permit continued participation
beyond that time period.
(8) An employer may offer one or more health plans different from that provided for active employees and designed
to meet the needs of persons requesting continued participation in the employer’s health plan. An employer, in designing or offering continued participation in a health plan, may
utilize terms or conditions necessary to administer the plan to
the extent the terms and conditions do not conflict with this
section.
(9) If an employer changes the underwriter of a health
plan, the replaced underwriter has no further responsibility or
obligation to persons who continued participation in a health
plan of the replaced underwriter. However, the employer
shall permit those persons to participate in any new health
plan.
(10) The benefits granted under this section are not considered a matter of contractual right. Should the legislature,
[Title 41 RCW—page 8]
a county, municipality, or other political subdivision of the
state revoke or change any benefits granted under this section, an affected person is not entitled to receive the benefits
as a matter of contractual right.
(11) This section does not affect any health plan contained in a collective bargaining agreement in existence as of
January 1, 2003. However, any plan contained in future collective bargaining agreements shall conform to this section.
In addition, this section does not affect any health plan contract or policy in existence as of January 1, 2003. However,
any renewal of the contract or policy shall conform to this
section.
(12) Counties, municipalities, and other political subdivisions that make a documented good faith effort to comply
with the provisions of subsections (2) through (11) of this
section and are unable to provide access to a fully insured
group health benefit plan are discharged from any obligations
under subsections (2) through (11) of this section but shall
assist disabled employees and retired employees in applying
for health insurance. Assistance may include developing and
distributing standardized information on the availability and
cost of individual health benefit plans, application packages,
and health benefit fairs.
(13) The office of the insurance commissioner shall
make available to counties, municipalities, and other political
subdivisions information regarding individual health benefit
plans, including a list of carriers offering individual coverage, the rates charged, and how to apply for coverage. [2004
c 173 § 1; 2002 c 319 § 2.]
Effective date—2004 c 173: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2004]." [2004 c 173 § 3.]
Intent—2002 c 319: "It is the intent of this act to provide retirees of
local government employers access to health care benefits. It is also the
intent of this act that local government employers be allowed the flexibility
to design programs to meet the health care needs of their retirees and that the
local government employer be able to recover all costs associated with providing retirees access to health benefits." [2002 c 319 § 1.]
41.04.212
41.04.212 Local government retirees—Health care—
Administration. Employers providing access to health
insurance coverage under chapter 319, Laws of 2002 may
adopt criteria which specify allowable enrollment periods,
require enrollees to keep current addresses and information,
and outline other processes to ensure that plans can be administered efficiently and effectively. [2002 c 319 § 3.]
Intent—2002 c 319: See note following RCW 41.04.208.
41.04.220
41.04.220 Department of general administration to
procure health benefit programs—Other governmental
entities may use services. Any governmental entity other
than state agencies, may use the services of the department of
general administration upon the approval of the director, in
procuring health benefit programs as provided by RCW
41.04.180, 28A.400.350 and 28B.10.660: PROVIDED, That
the department of general administration may charge for the
administrative cost incurred in the procuring of such services.
[1983 c 3 § 88; 1969 ex.s. c 237 § 7.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
General Provisions
41.04.230 Payroll deductions authorized. Any official of the state authorized to disburse funds in payment of
salaries and wages of public officers or employees is authorized, upon written request of the officer or employee, to
deduct from the salaries or wages of the officers or employees, the amount or amounts of subscription payments, premiums, contributions, or continuation thereof, for payment of
the following:
(1) Credit union deductions: PROVIDED, That twentyfive or more employees of a single state agency or a total of
one hundred or more state employees of several agencies
have authorized such a deduction for payment to the same
credit union. An agency may, in its own discretion, establish
a minimum participation requirement of fewer than twentyfive employees.
(2) Parking fee deductions: PROVIDED, That payment
is made for parking facilities furnished by the agency or by
the department of general administration.
(3) U.S. savings bond deductions: PROVIDED, That a
person within the particular agency shall be appointed to act
as trustee. The trustee will receive all contributions; purchase
and deliver all bond certificates; and keep such records and
furnish such bond or security as will render full accountability for all bond contributions.
(4) Board, lodging or uniform deductions when such
board, lodging and uniforms are furnished by the state, or
deductions for academic tuitions or fees or scholarship contributions payable to the employing institution.
(5) Dues and other fees deductions: PROVIDED, That
the deduction is for payment of membership dues to any professional organization formed primarily for public employees
or college and university professors: AND PROVIDED,
FURTHER, That twenty-five or more employees of a single
state agency, or a total of one hundred or more state employees of several agencies have authorized such a deduction for
payment to the same professional organization.
(6) Labor, employee, or retiree organization dues, and
voluntary employee contributions to any funds, committees,
or subsidiary organizations maintained by labor, employee,
or retiree organizations, may be deducted in the event that a
payroll deduction is not provided under a collective bargaining agreement under the provisions of chapter 41.80 RCW:
PROVIDED, That each labor, employee, or retiree organization chooses only one fund for voluntary employee contributions: PROVIDED, FURTHER, That twenty-five or more
officers or employees of a single agency, or a total of one
hundred or more officers or employees of several agencies
have authorized such a deduction for payment to the same
labor, employee, or retiree organization: PROVIDED, FURTHER, That labor, employee, or retiree organizations with
five hundred or more members in state government may have
payroll deduction for employee benefit programs.
(7) Insurance contributions to the authority for payment
of premiums under contracts authorized by the state health
care authority. However, enrollment or assignment by the
state health care authority to participate in a health care benefit plan, as required by *RCW 41.05.065(7), shall authorize
a payroll deduction of premium contributions without a written consent under the terms and conditions established by the
public employees’ benefits board.
41.04.230
(2010 Ed.)
41.04.232
(8) Deductions to a bank, savings bank, or savings and
loan association if (a) the bank, savings bank, or savings and
loan association is authorized to do business in this state; and
(b) twenty-five or more employees of a single agency, or
fewer, if a lesser number is established by such agency, or a
total of one hundred or more state employees of several agencies have authorized a deduction for payment to the same
bank, savings bank, or savings and loan association.
Deductions from salaries and wages of public officers
and employees other than those enumerated in this section or
by other law, may be authorized by the director of financial
management for purposes clearly related to state employment
or goals and objectives of the agency and for plans authorized
by the state health care authority.
(9) Contributions to the Washington state combined fund
drive.
The authority to make deductions from the salaries and
wages of public officers and employees as provided for in
this section shall be in addition to such other authority as may
be provided by law: PROVIDED, That the state or any
department, division, or separate agency of the state shall not
be liable to any insurance carrier or contractor for the failure
to make or transmit any such deduction. [2007 c 99 § 1; 2006
c 216 § 1; 2002 c 61 § 5; 1995 1st sp.s. c 6 § 21. Prior: 1993
c 2 § 26 (Initiative Measure No. 134, approved November 3,
1992); 1992 c 192 § 1; 1988 c 107 § 19; 1985 c 271 § 1; 1983
1st ex.s. c 28 § 3; 1980 c 120 § 1; 1979 c 151 § 54; 1973 1st
ex.s. c 147 § 5; 1970 ex.s. c 39 § 11; 1969 c 59 § 5.]
*Reviser’s note: RCW 41.05.065 was amended by 2009 c 537 § 7,
changing subsection (7) to subsection (8), effective January 1, 2010.
Effective date—2006 c 216: "This act takes effect January 1, 2007."
[2006 c 216 § 2.]
Additional notes found at www.leg.wa.gov
41.04.232 Transition to two payrolls per month—
Guidelines on deductions and deferrals. In order to facilitate the transition from one payroll per month to two payrolls
per month, the following guidelines concerning payroll
deductions and deferrals are established:
(1) All mandatory and voluntary deductions which are
based upon a percentage of salary shall be deducted, after
August 23, 1983, from the salaries payable for each pay
period. This subsection shall apply regardless of when the
deductions were authorized or required.
(2) The office of financial management shall adopt reasonable procedures providing for deductions, including
deferrals, which are not based on a percentage of salary.
(3) Amounts which are deducted in accordance with subsections (1) and (2) of this section shall be paid to the designated recipient no later than the established paydates except
when other agreements are reached with the designated recipient.
(4) Payment of deductions and deferrals to the designated recipient shall be made by warrant or check except
when the designated recipient requests payment by electronic
funds transfer. If recipients request electronic funds transfers,
sufficient time shall be made available to establish the process. The elapsed time to establish the process shall not
exceed three months from the time the recipient has
requested in writing to the appropriate data processing pay41.04.232
[Title 41 RCW—page 9]
41.04.233
Title 41 RCW: Public Employment, Civil Service, and Pensions
roll systems manager to receive payment by electronic funds
transfer.
Documentation and itemization of deductions or deferrals paid shall be in printed form unless the designated recipient requests computer tapes. If recipients request computer
tapes, sufficient time shall be made available to establish the
process. Computer tapes shall be made available to the
requesting designated recipient if at least one hundred
employees paid from an automated payroll system have such
deductions. The elapsed time to establish the process for providing computer tapes shall not exceed three months from the
time the recipient has requested in writing to the appropriate
data processing payroll systems manager to receive computer
tapes. With the approval of the office of financial management, more advanced technology may be utilized to provide
payment, documentation, and itemization of deductions to
designated recipients. [1983 1st ex.s. c 28 § 4.]
Additional notes found at www.leg.wa.gov
41.04.233 Payroll deductions for capitation payments to health maintenance organizations. Any
employee or retired employee of the state or its departments,
agencies, or subdivisions and any employee or retired
employee of a county, public or municipal corporation,
school district, or tax supported institution may authorize the
deduction from his salary or wages of the amount of his capitation payments to any health maintenance organization
receiving a certificate of authority under this chapter. Upon
the filing of an authorization with the auditor or fiscal officer
of the employer, such auditor or fiscal officer shall make payments in favor of the health maintenance organizations
referred to in the authorization for the amounts of the deductions authorized, *RCW 41.04.230(7) notwithstanding.
[1975 1st ex.s. c 290 § 20.]
41.04.233
*Reviser’s note: RCW 41.04.230 was amended by 1993 c 2 § 26 (Initiative Measure No. 134), and subsection (7) was deleted.
Additional notes found at www.leg.wa.gov
41.04.235 Retirement allowance deductions for
health care benefit plans. Participants in a health care benefit plan approved pursuant to RCW 41.04.180, 41.05.065, or
28A.400.350, whichever is applicable, who are retired public
employees, may authorize the deduction from their retirement allowances, of the amount or amounts of their subscription payments, premiums, or contributions to any person,
firm, or corporation furnishing or providing medical, surgical, and hospital care or other health care insurance upon the
approval by the retirement board of an application for such
deduction on the prescribed form, and the treasurer of the
state shall duly and timely draw and issue proper warrants
directly to and in favor of the person, firm, or corporation, or
organization named in the authorization for the amount
authorized to be deducted. [1993 c 386 § 4; 1983 c 3 § 89;
1975 1st ex.s. c 73 § 1.]
41.04.235
Intent—1993 c 386: See note following RCW 28A.400.391.
Additional notes found at www.leg.wa.gov
41.04.240 Direct deposit of salaries into financial
institutions authorized. Any official of the state or of any
political subdivision, municipal corporation, or quasi munic41.04.240
[Title 41 RCW—page 10]
ipal corporation authorized to disburse funds in payment of
salaries and wages of employees is authorized upon written
request of at least twenty-five employees to pay all or part of
such salaries or wages to any financial institution for either:
(1) Credit to the employees’ accounts in such financial institution; or (2) immediate transfer therefrom to the employees’
accounts in any other financial institutions: PROVIDED,
That nothing in this section shall be construed as authorizing
any employer to require the employees to have an account in
any particular financial institution or type of financial institution. A single warrant may be drawn in favor of such financial institution, for the total amount due the employees
involved, and written directions provided to such financial
institution of the amount to be credited to the account of an
employee or to be transferred to an account in another financial institution for such employee. The issuance and delivery
by the disbursing officer of a warrant in accordance with the
procedure set forth herein and proper indorsement thereof by
the financial institution shall have the same legal effect as
payment directly to the employee.
For the purposes of this section "financial institution"
means any bank or trust company established in this state
pursuant to chapter 2, Title 12, United States Code, or Title
30 RCW, and any credit union established in this state pursuant to chapter 14, Title 12, United States Code, or chapter
31.12 RCW, and any mutual savings bank established in this
state pursuant to Title 32 RCW, and any savings and loan
association established in this state pursuant to chapter 12,
Title 12, United States Code, or Title 33 RCW. [1977 ex.s. c
269 § 1; 1969 c 59 § 6.]
41.04.245
41.04.245 Payroll deductions to a bank, savings
bank, credit union, or savings and loan association. Any
official of any local political subdivision of the state, municipal corporation, or quasi-municipal corporation authorized
to disburse funds in payment of salaries and wages of
employees is authorized upon written request of any
employee, to deduct all or part of such employee’s salary or
wages for payment to any bank, savings bank, credit union,
or savings and loan association if (1) the bank, savings bank,
credit union, or savings and loan association is authorized to
do business in this state; and (2) twenty-five or more employees of a single local political subdivision, or fewer, if a lesser
number is established by such local political subdivision,
authorize such a deduction for payment to the same bank,
savings bank, credit union, or savings and loan association.
[1992 c 192 § 2.]
41.04.270
41.04.270 Public retirement systems—Members or
beneficiaries estopped from becoming a member or
accruing rights in any other public retirement system—
Exceptions. (1) Except as provided in chapter 2.10, 2.12,
41.26, 41.28, 41.32, 41.35, 41.37, 41.40, or 43.43 RCW, on
and after March 19, 1976, any member or former member
who (a) receives a retirement allowance earned by the former
member as deferred compensation from any public retirement system authorized by the general laws of this state, or
(b) is eligible to receive a retirement allowance from any public retirement system listed in RCW 41.50.030, but chooses
not to apply, or (c) is the beneficiary of a disability allowance
(2010 Ed.)
General Provisions
from any public retirement system listed in RCW 41.50.030
shall be estopped from becoming a member of or accruing
any contractual rights whatsoever in any other public retirement system listed in RCW 41.50.030: PROVIDED, That (a)
and (b) of this subsection shall not apply to persons who have
accumulated less than fifteen years service credit in any such
system.
(2) Nothing in this section is intended to apply to any
retirement system except those listed in RCW 41.50.030 and
the city employee retirement systems for Seattle, Tacoma,
and Spokane. Subsection (1)(b) of this section does not apply
to a dual member as defined in RCW 41.54.010. [2006 c 309
§ 3; 2005 c 327 § 1; 2001 c 180 § 4; 1988 c 195 § 5; 1987 c
192 § 9; 1980 c 29 § 1; 1975-’76 2nd ex.s. c 105 § 1.]
Effective date—2006 c 309: See note following RCW 41.37.005.
Additional notes found at www.leg.wa.gov
41.04.273 Prohibition of retirement benefits passing
to slayer or abuser beneficiary—Determination by
department of retirement systems—Duties upon notice—
Payment upon verdicts—Admissibility of evidence—
Immunity. (1) For purposes of this section, the following
definitions shall apply:
(a) "Abuser" has the same meaning as provided in RCW
11.84.010.
(b) "Decedent" means any person who is entitled to benefits from the Washington state department of retirement systems by written designation or by operation of law:
(i) Whose life is taken by a slayer; or
(ii) Who is deceased and who, at any time during life in
which he or she was a vulnerable adult, was the victim of
financial exploitation by an abuser, except as provided in
RCW 11.84.170.
(c) "Slayer" means a slayer as defined in RCW
11.84.010.
(2) Property that would have passed to or for the benefit
of a beneficiary under one of the retirement systems listed in
RCW 41.50.030 shall not pass to that beneficiary if the beneficiary was a slayer or abuser of the decedent and the property
shall be distributed as if the slayer or abuser had predeceased
the decedent.
(3) A slayer or abuser is deemed to have predeceased the
decedent as to property which, by designation or by operation
of law, would have passed from the decedent to the slayer or
abuser because of the decedent’s entitlement to benefits
under one of the retirement systems listed in RCW 41.50.030.
(4)(a) The department of retirement systems has no affirmative duty to determine whether a beneficiary is, or is
alleged to be, a slayer or abuser. However, upon receipt of
written notice that a beneficiary is a defendant in a civil lawsuit or probate proceeding that alleges the beneficiary is a
slayer or abuser, or is charged with a crime that, if committed,
means the beneficiary is a slayer or abuser, the department of
retirement systems shall determine whether the beneficiary is
a defendant in such a civil proceeding or has been formally
charged in court with the crime, or both. If so, the department
shall withhold payment of any benefits until:
(i) The case or charges, or both if both are pending, are
dismissed;
41.04.273
(2010 Ed.)
41.04.276
(ii) The beneficiary is found not guilty in the criminal
case or prevails in the civil proceeding, or both if both are
pending; or
(iii) The beneficiary is convicted or is found to be a
slayer or abuser in the civil proceeding.
(b) If the case or charges, or both if both are pending, are
dismissed or if a beneficiary is found not guilty or prevails in
the civil proceeding, or both if both are pending, the department shall pay the beneficiary the benefits the beneficiary is
entitled to receive. If the beneficiary is convicted or found to
be a slayer or abuser in a civil proceeding, the department
shall distribute the benefits according to subsection (2) of this
section.
(5) Any record of conviction for having participated in
the willful and unlawful killing of the decedent or for conduct
constituting financial exploitation against the decedent,
including but not limited to theft, forgery, fraud, identity
theft, robbery, burglary, or extortion, shall be admissible in
evidence against a claimant of property in any civil action
arising under this section.
(6) In the absence of a criminal conviction, a superior
court may determine:
(a) By a preponderance of the evidence whether a person
participated in the willful and unlawful killing of the decedent;
(b) By clear, cogent, and convincing evidence whether a
person participated in conduct constituting financial exploitation against the decedent, as provided in chapter 11.84 RCW.
(7) This section shall not subject the department of
retirement systems to liability for payment made to a slayer
or abuser or alleged slayer or abuser, prior to the department’s receipt of written notice that the slayer or abuser has
been convicted of, or the alleged slayer or abuser has been
formally criminally or civilly charged in court with, the death
or financial exploitation of the decedent. If the conviction or
civil judgment of a slayer or abuser is reversed on appeal, the
department of retirement systems shall not be liable for payment made prior to the receipt of written notice of the reversal to a beneficiary other than the person whose conviction or
civil judgment is reversed. [2009 c 525 § 19; 1998 c 292 §
501.]
Additional notes found at www.leg.wa.gov
41.04.276 Select committee on pension policy—Creation—Membership—Terms of office—Staff support.
(1) The select committee on pension policy is created. The
select committee consists of:
(a) Four members of the senate appointed by the president of the senate, two of whom are members of the majority
party and two of whom are members of the minority party.
At least three of the appointees shall be members of the senate ways and means committee;
(b) Four members of the house of representatives
appointed by the speaker, two of whom are members of the
majority party and two of whom are members of the minority
party. At least three of the appointees shall be members of
the house of representatives appropriations committee;
(c) Four active members or representatives from organizations of active members of the state retirement systems
appointed by the governor for staggered three-year terms,
41.04.276
[Title 41 RCW—page 11]
41.04.278
Title 41 RCW: Public Employment, Civil Service, and Pensions
with no more than two appointees representing any one
employee retirement system;
(d) Two retired members or representatives of retired
members’ organizations of the state retirement systems
appointed by the governor for staggered three-year terms,
with no two members from the same system;
(e) Four employer representatives of members of the
state retirement systems appointed by the governor for staggered three-year terms; and
(f) The directors of the department of retirement systems
and office of financial management.
(2)(a) The term of office of each member of the house of
representatives or senate serving on the committee runs from
the close of the session in which he or she is appointed until
the close of the next regular session held in an odd-numbered
year. If a successor is not appointed during a session, the
member’s term continues until the member is reappointed or
a successor is appointed. The term of office for a committee
member who is a member of the house of representatives or
the senate who does not continue as a member of the senate
or house of representatives ceases upon the convening of the
next session of the legislature during the odd-numbered year
following the member’s appointment, or upon the member’s
resignation, whichever is earlier. All vacancies of positions
held by members of the legislature must be filled from the
same political party and from the same house as the member
whose seat was vacated.
(b) Following the terms of members and representatives
appointed under subsection (1)(d) of this section, the retiree
positions shall be rotated to ensure that each system has an
opportunity to have a retiree representative on the committee.
(3) The committee shall elect a chairperson and a vicechairperson. The chairperson shall be a member of the senate
in even-numbered years and a member of the house of representatives in odd-numbered years and the vice-chairperson
shall be a member of the house of representatives in evennumbered years and a member of the senate in odd-numbered
years.
(4) The committee shall establish an executive committee of six members, including the chairperson, the vice-chairperson, one member from subsection (1)(c) of this section,
one member from subsection (1)(d) of this section, one member from subsection (1)(e) of this section, and the director of
the department of retirement systems.
(5) Nonlegislative members of the select committee
serve without compensation, but shall be reimbursed for
travel expenses under RCW 43.03.050 and 43.03.060.
(6) The office of state actuary under chapter 44.44 RCW
shall provide staff and technical support to the committee.
[2005 c 24 § 1; 2003 c 295 § 1.]
41.04.278 Select committee on pension policy—Subcommittees. (1) The select committee on pension policy
may form three function-specific subcommittees, as set forth
under subsection (2) of this section, from the members under
RCW 41.04.276(1) (a) through (e), as follows:
(a) A public safety subcommittee with one member from
each group under RCW 41.04.276(1) (a) through (e);
(b) An education subcommittee with one member from
each group under RCW 41.04.276(1) (a) through (e); and
41.04.278
[Title 41 RCW—page 12]
(c) A state and local government subcommittee, with one
retiree member under RCW 41.04.276(1)(d) and two members from each group under RCW 41.04.276(1) (a) through
(c) and (e).
The retiree members may serve on more than one subcommittee to ensure representation on each subcommittee.
(2)(a) The public safety subcommittee shall focus on
pension issues affecting public safety employees who are
members of the law enforcement officers’ and firefighters’,
public safety employees’, and Washington state patrol retirement systems.
(b) The education subcommittee shall focus on pension
issues affecting educational employees who are members of
the public employees’, teachers’, and school employees’
retirement systems.
(c) The state and local government subcommittee shall
focus on pension issues affecting state and local government
employees who are members of the public employees’ retirement system. [2006 c 309 § 4; 2003 c 295 § 2.]
Effective date—2006 c 309: See note following RCW 41.37.005.
41.04.281 Select committee on pension policy—Powers and duties. The select committee on pension policy has
the following powers and duties:
(1) Study pension issues, develop pension policies for
public employees in state retirement systems, and make recommendations to the legislature;
(2) Study the financial condition of the state pension systems, develop funding policies, and make recommendations
to the legislature;
(3) Consult with the chair and vice-chair on appointing
members to the state actuary appointment committee upon
the convening of the state actuary appointment committee
established under RCW 44.44.013; and
(4) Receive the results of the actuarial audits of the actuarial valuations and experience studies administered by the
pension funding council pursuant to RCW 41.45.110. The
select committee on pension policy shall study and make recommendations on changes to assumptions or contribution
rates to the pension funding council prior to adoption of
changes under RCW 41.45.030, 41.45.035, or 41.45.060.
[2003 c 295 § 5.]
41.04.281
41.04.300 Travel expenses of state officials and
employees. Except as otherwise provided by law the payment of travel expenses by the state to any appointive official
or employee of any commission, agency, or other body of the
executive, judicial, or legislative branches of state government shall be in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended. [1975-’76
2nd ex.s. c 34 § 3.]
41.04.300
Additional notes found at www.leg.wa.gov
41.04.340 State employee attendance incentive program—Sick leave records to be kept—Remuneration or
benefits for unused sick leave. (1) An attendance incentive
program is established for all eligible employees. As used in
this section the term "eligible employee" means any
employee of the state, other than eligible employees of the
community and technical colleges and the state board for
41.04.340
(2010 Ed.)
General Provisions
community and technical colleges identified in RCW
28B.50.553, and teaching and research faculty at the state and
regional universities and The Evergreen State College, entitled to accumulate sick leave and for whom accurate sick
leave records have been maintained. No employee may
receive compensation under this section for any portion of
sick leave accumulated at a rate in excess of one day per
month. The state and regional universities and The Evergreen
State College shall maintain complete and accurate sick leave
records for all teaching and research faculty.
(2) In January of the year following any year in which a
minimum of sixty days of sick leave is accrued, and each January thereafter, any eligible employee may receive remuneration for unused sick leave accumulated in the previous year
at a rate equal to one day’s monetary compensation of the
employee for each four full days of accrued sick leave in
excess of sixty days. Sick leave for which compensation has
been received shall be deducted from accrued sick leave at
the rate of four days for every one day’s monetary compensation.
(3) At the time of separation from state service due to
retirement or death, an eligible employee or the employee’s
estate may elect to receive remuneration at a rate equal to one
day’s current monetary compensation of the employee for
each four full days of accrued sick leave.
(4) Remuneration or benefits received under this section
shall not be included for the purpose of computing a retirement allowance under any public retirement system in this
state.
(5) Except as provided in subsections (7) through (9) of
this section for employees not covered by chapter 41.06
RCW, this section shall be administered, and rules shall be
adopted to carry out its purposes, by the director of personnel
for persons subject to chapter 41.06 RCW: PROVIDED,
That determination of classes of eligible employees shall be
subject to approval by the office of financial management.
(6) Should the legislature revoke any remuneration or
benefits granted under this section, no affected employee
shall be entitled thereafter to receive such benefits as a matter
of contractual right.
(7) In lieu of remuneration for unused sick leave at
retirement as provided in subsection (3) of this section, an
agency head or designee may with equivalent funds, provide
eligible employees with a benefit plan that provides for reimbursement for medical expenses. This plan shall be implemented only after consultation with affected groups of
employees. For eligible employees covered by chapter 41.06
RCW, procedures for the implementation of these plans shall
be adopted by the director of personnel. For eligible employees exempt from chapter 41.06 RCW, and classified employees who have opted out of coverage of chapter 41.06 RCW as
provided in *RCW 41.56.201, implementation procedures
shall be adopted by an agency head having jurisdiction over
the employees.
(8) Implementing procedures adopted by the director of
personnel or agency heads shall require that each medical
expense plan authorized by subsection (7) of this section
apply to all eligible employees in any one of the following
groups: (a) Employees in an agency; (b) employees in a
major organizational subdivision of an agency; (c) employees
at a major operating location of an agency; (d) exempt
(2010 Ed.)
41.04.360
employees under the jurisdiction of an elected or appointed
Washington state executive; (e) employees of the Washington state senate; (f) employees of the Washington state house
of representatives; (g) classified employees in a bargaining
unit established by the director of personnel; or (h) other
group of employees defined by an agency head that is not
designed to provide an individual-employee choice regarding
participation in a medical expense plan. However, medical
expense plans for eligible employees in any of the groups
under (a) through (h) of this subsection who are covered by a
collective bargaining agreement shall be implemented only
by written agreement with the bargaining unit’s exclusive
representative and a separate medical expense plan may be
provided for unrepresented employees.
(9) Medical expense plans authorized by subsection (7)
of this section must require as a condition of participation in
the plan that employees in the group affected by the plan sign
an agreement with the employer. The agreement must include
a provision to hold the employer harmless should the United
States government find that the employer or the employee is
in debt to the United States as a result of the employee not
paying income taxes due on the equivalent funds placed into
the plan, or as a result of the employer not withholding or
deducting a tax, assessment, or other payment on the funds as
required by federal law. The agreement must also include a
provision that requires an eligible employee to forfeit remuneration under subsection (3) of this section if the employee
belongs to a group that has been designated to participate in
the medical expense plan permitted under this section and the
employee refuses to execute the required agreement. [2002 c
354 § 227. Prior: 1998 c 254 § 1; 1998 c 116 § 2; 1997 c 232
§ 2; 1993 c 281 § 17; 1991 c 249 § 1; 1990 c 162 § 1; 1980 c
182 § 1; 1979 ex.s. c 150 § 1.]
*Reviser’s note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
41.04.350 Mandatory retirement prior to seventy
years of age prohibited—Exceptions—Waiver of mandatory retirement. (1) Notwithstanding any other provisions
of law, no employee of the state of Washington or any of its
political subdivisions or any institution supported in total or
in part by the state or any of its political subdivisions, other
than employees covered by chapters 41.26 and 43.43 RCW,
shall be compelled to retire solely on the basis of age prior to
attaining seventy years of age.
(2) All compulsory retirement provisions relating to public employees, other than employees covered by chapters
41.26 and 43.43 RCW, may be waived for individuals attaining seventy years of age by the individual’s employer. [1979
ex.s. c 159 § 1.]
41.04.350
41.04.360 State-employed chaplains—Housing
allowance. In the case of a minister or other clergyperson
employed as a chaplain in a state institution or agency, there
is designated in the salary or wage paid to the person an
amount up to forty percent of the gross salary as either of the
following:
41.04.360
[Title 41 RCW—page 13]
41.04.362
Title 41 RCW: Public Employment, Civil Service, and Pensions
(1) The rental value of a home furnished to the person as
part of the person’s compensation; or
(2) The housing/rental allowance paid to the person as
part of the person’s compensation, to the extent used by the
person to rent or provide a home. [1982 c 190 § 1.]
Appointment and duties of institutional chaplains: RCW 72.01.210 through
72.01.260.
suitable space in state-owned or state-leased buildings for use
as child care centers for the children of state employees.
When suitable space is identified in state-owned or stateleased buildings, the department of general administration
shall establish a rental rate for organizations to pay for the
space used by persons who are not state employees. [1993 c
194 § 2; 1984 c 162 § 2.]
Volunteer law enforcement chaplains: Chapter 41.22 RCW.
41.04.380
41.04.362 Employee wellness program. (1) Directors
of state and local entities, in consultation with applicable
state agencies and employee organizations, may develop and
administer a voluntary state employee wellness program.
(2) A director may:
(a) Develop and implement state employee wellness policies, procedures, and activities;
(b) Disseminate wellness educational materials to agencies and employees;
(c) Encourage the establishment of wellness activities in
agencies;
(d) Provide technical assistance and training to agencies
conducting wellness activities for their employees;
(e) Develop standards by which agencies sponsoring
specific wellness activities may impose a fee to participating
employees to help defray the cost of those activities;
(f) Monitor and evaluate the effectiveness of this program, including the collection, analysis, and publication of
relevant statistical information; and
(g) Perform other duties and responsibilities as necessary
to carry out the purpose of this section.
(3) No wellness program or activity that involves or
requires organized or systematic physical exercise may be
implemented or conducted during normal working hours.
[2010 c 128 § 4; 1987 c 248 § 2.]
41.04.362
Legislative findings—Purpose—1987 c 248: "The legislature finds
that:
(1) Improved health among employees will result in a more productive
workforce, better morale, reduced stress, lower injury rates and absenteeism,
and improved recruitment and retention rates;
(2) A substantial amount of illness and injury in the workforce is preventable because it results from lifestyle decisions;
(3) Illness and injury among state employees can be reduced if employees engage in healthier lifestyles.
The state, as an employer, desires to foster a working environment that
promotes the health and well-being of its employees. Therefore, it is the purpose of this act to establish a state employee wellness program. "Wellness
program" means those policies, procedures, and activities that promote the
health and well-being of state employees and that contribute to a healthful
work environment." [1987 c 248 § 1.]
41.04.370 Child care—Legislative intent. The legislature recognizes that supporting child care for employees of
public and private organizations is a worthwhile pursuit. To
further the goals of affordable, accessible, and quality child
care for working parents, the legislature intends to provide
for the development of self-supporting child care programs
for employees of state government. [1993 c 194 § 1; 1984 c
162 § 1.]
41.04.370
41.04.375 Child care—Rental of suitable space. An
agency may identify space they wish to use for child care
facilities or they may request assistance from the department
of general administration in identifying the availability of
41.04.375
[Title 41 RCW—page 14]
41.04.380 Child care—Contracts—Provision of suitable space at reduced cost authorized. When suitable
space is determined to be available, either agencies or organizations of state employees may contract with one or more
providers to operate child care facilities.
Subject to the approval of the director of financial management, suitable space for child care centers may be provided to organizations of state employees without charge or
at reduced charge for rent or services solely for the purpose of
reducing employee child care costs. [1993 c 194 § 3; 1984 c
162 § 3.]
41.04.382
41.04.382 Child care organizations—Qualifications
for services. In order to qualify for services under RCW
41.04.380, state employee child care organizations shall be
organized as nonprofit under chapter 24.03 RCW. [1993 c
194 § 4.]
41.04.385
41.04.385 Child care—Legislative findings—State
policy—Responsibilities of director of personnel. The legislature finds that (1) demographic, economic, and social
trends underlie a critical and increasing demand for child care
in the state of Washington; (2) working parents and their children benefit when the employees’ child care needs have been
resolved; (3) the state of Washington should serve as a model
employer by creating a supportive atmosphere, to the extent
feasible, in which its employees may meet their child care
needs; and (4) the state of Washington should encourage the
development of partnerships between state agencies, state
employees, state employee labor organizations, and private
employers to expand the availability of affordable quality
child care. The legislature finds further that resolving
employee child care concerns not only benefits the employees and their children, but may benefit the employer by
reducing absenteeism, increasing employee productivity,
improving morale, and enhancing the employer’s position in
recruiting and retaining employees. Therefore, the legislature declares that it is the policy of the state of Washington to
assist state employees by creating a supportive atmosphere in
which they may meet their child care needs. Policies and procedures for state agencies to address employee child care
needs will be the responsibility of the director of personnel in
consultation with the director of the department of early
learning and state employee representatives. [2006 c 265 §
201; 2005 c 490 § 9; 2002 c 354 § 236; 1993 c 194 § 5; 1986
c 135 § 1.]
Part headings not law—Effective date—Severability—2006 c 265:
See RCW 43.215.904 through 43.215.906.
Effective date—2005 c 490: See note following RCW 43.215.540.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
(2010 Ed.)
General Provisions
41.04.390 Flexible-time work schedules. (1) The legislature finds that flexible-time work schedules, which provide varying times for employees to arrive at and depart from
work, tend to alleviate traffic congestion during peak rush
hour periods and thereby reduce hazardous traffic conditions;
provide more efficient use of highways and other transit
facilities; and decrease fuel consumption. In addition, the legislature finds that flexible-time work schedules provide families in which both parents work outside of the home with the
flexibility necessary to provide for day care; provide employees with flexibility allowing them to spend more time with
their families; improve employee morale and, in-so-doing,
improve productivity. Therefore, due to the clear advantages
to both agencies and employees, the legislature finds that
flexible-time work schedules should be utilized by agencies
to the maximum extent possible.
(2) As used in this section, "flexible-time work schedule" means a daily work schedule which contains a core time
of required hours during which an employee subject to the
schedule is required to be present for work and designated
hours before or after the core time during which an employee,
with the approval of his or her agency, may elect a time of
arrival to work and departure from work.
(3) Each agency shall prepare a flexible-time work
schedule or schedules and shall offer the schedule or schedules to employees as an option to the traditional eight o’clock
a.m. to five o’clock p.m. working day. However, an agency
shall not be required to prepare or offer a flexible-time work
schedule or schedules if the agency head determines that the
implementation of such a schedule would serve as an impediment to the provision of services to the public or would in
any other way impede the agency in accomplishing its mission.
(4) Any employee wishing to use a flexible-time work
schedule prepared under subsection (3) of this section must
first obtain the permission of the agency head or the agency
head’s designee. However, if there is an employee organization certified as an exclusive bargaining representative for a
bargaining unit affected by the flexible-time work schedule,
the agency shall first negotiate with the certified employee
organization.
(5) Nothing in this section affects official hours during
which state offices are required to be open for the transaction
of business, as prescribed in RCW 42.04.060. [1985 c 411 §
1.]
41.04.390
41.04.393 Public safety officers—Retirement benefits—Death in the line of duty. Retirement benefits paid
under chapter 41.26, 41.37, 41.40, or 43.43 RCW to beneficiaries of public safety officers who die in the line of duty
shall be paid in accordance with Title 26 U.S.C. Sec. 101(h)
as amended by the Fallen Hero Survivor Benefit Fairness Act
of 2001. [2006 c 309 § 5; 2003 c 32 § 1.]
41.04.393
Effective date—2006 c 309: See note following RCW 41.37.005.
41.04.395 Disability accommodation revolving
fund—Disbursements. (1) The disability accommodation
revolving fund is created in the custody of the state treasurer.
Disbursements from the fund shall be on authorization of the
director of the department of personnel or the director’s designee. The fund is subject to the allotment procedure pro41.04.395
(2010 Ed.)
41.04.405
vided under chapter 43.88 RCW, but no appropriation is
required for disbursements. The fund shall be used exclusively by state agencies to accommodate the unanticipated
job site or equipment needs of persons of disability in state
employ.
(2) The director of the department of personnel shall
consult with the governor’s committee on disability issues
and employment regarding requests for disbursements from
the disability accommodation revolving fund. The department shall establish application procedures, adopt criteria,
and provide technical assistance to users of the fund.
(3) Agencies that receive moneys from the disability
accommodation revolving fund shall return to the fund the
amount received from the fund by no later than the end of the
first month of the following fiscal biennium. [1994 sp.s. c 9
§ 801; 1987 c 9 § 2.]
Intent—1987 c 9: "The legislature recognizes that persons of disability
have faced unfair discrimination in employment. Equal opportunity for persons of disability often necessitate job site changes and equipment purchases. It is the intent of the legislature to remove a potential barrier to
employment of persons of disability by giving state agencies, including institutions of higher education, the ability to accommodate the job site and
equipment needs of persons of disability without the delay of waiting for an
appropriation from the legislature." [1987 c 9 § 1.]
Additional notes found at www.leg.wa.gov
41.04.400 Consolidation of local governmental unit
and first-class city retirement system—Intent. It is the
purpose of RCW 41.04.405 through 41.04.430 to govern the
retirement rights of persons whose employment status is
altered when: (1) Two or more units of local government of
this state, at least one of which is a first-class city with its own
retirement system, enter into an agreement for the consolidated performance of a governmental service, activity, or
undertaking; (2) the service, activity, or undertaking is to be
performed either by one of the participating local governmental units or by a newly established separate legal entity;
and (3) the employees of the participating local governmental
units are not all members of the same Washington public
retirement system.
RCW 41.04.405 through 41.04.430 are not intended to
and do not govern retirement rights of any members of the
retirement systems established by chapter 41.16, 41.18,
41.20, or 41.26 RCW, or of employees described in RCW
35.58.265, 35.58.390, or 70.08.070. To the extent there is any
conflict between RCW 41.04.405 through 41.04.430 and
RCW 41.04.110, the provisions of RCW 41.04.405 through
41.04.430 shall govern. [1984 c 184 § 22.]
41.04.400
Additional notes found at www.leg.wa.gov
41.04.405 Consolidation of local governmental unit
and first-class city retirement system—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 41.04.400 through
41.04.430.
(1) "Legal entity" means any political subdivision or
municipal corporation of the state, including but not limited
to public agencies created under RCW 35.63.070, 36.70.060,
or 39.34.030.
(2) "Consolidated employer" means the legal entity
assigned by agreement to perform a governmental service,
activity, or undertaking for two or more units of local govern41.04.405
[Title 41 RCW—page 15]
41.04.410
Title 41 RCW: Public Employment, Civil Service, and Pensions
ment of the state, at least one of which is a first-class city with
its own retirement system.
(3) "Existing employee" means a person who both (a)
becomes employed by the consolidated employer within one
year after the consolidation and (b) was employed by one of
the combining legal entities at the time of the consolidation.
(4) "New employee" means an employee of the consolidated employer who is not an existing employee.
(5) "Active member" means a member of a retirement
system who was making contributions to that retirement system at the time of the consolidation. [1984 c 184 § 23.]
Additional notes found at www.leg.wa.gov
41.04.410 Consolidation of local governmental unit
and first-class city retirement system—Membership in
public employees’ or public safety employees’ retirement
system. If a consolidated employer is a participating member
in the public employees’ retirement system under chapter
41.40 RCW prior to the consolidation or in the public safety
employees’ retirement system under chapter 41.37 RCW
prior to the consolidation:
(1) All existing employees of the consolidated employer
who are active members of the public employees’ or public
safety employees’ retirement system immediately prior to the
consolidation shall continue to be members of that retirement
system while employed by the consolidated employer.
(2) All existing employees of the consolidated employer
who are active members of a first-class city retirement system under chapter 41.28 RCW immediately prior to the consolidation shall cease to be members of that system at the
time of the consolidation and, if eligible, shall immediately
become members of the public employees’ or public safety
employees’ retirement system. However, any such active
member may, by a writing filed with the consolidated
employer within thirty days after the consolidation or within
thirty days after March 15, 1984, whichever is later, irrevocably elect instead to continue to be a member of the first-class
city retirement system, thereby forever waiving any rights
under the public employees’ or public safety employees’
retirement system based upon employment with the consolidated employer.
(3) Only prospective periods of qualifying service under
the public employees’ or public safety employees’ retirement
system may be established under this section. [2007 c 492 §
2; 1984 c 184 § 24.]
41.04.410
Additional notes found at www.leg.wa.gov
41.04.415 Consolidation of local governmental unit
and first-class city retirement system—Membership in
first-class city retirement system. If a consolidated
employer is a city operating a first-class city retirement system under chapter 41.28 RCW prior to the consolidation:
(1) All existing employees of the consolidated employer
who are active members of the first-class city retirement system immediately prior to the consolidation shall continue to
be members of that retirement system while employed by the
consolidated employer.
(2) All existing employees of the consolidated employer
who are active members of the public employees’ retirement
system under chapter 41.40 RCW immediately prior to the
41.04.415
[Title 41 RCW—page 16]
consolidation shall cease to be members of that system at the
time of the consolidation and, if eligible, shall immediately
become members of the first-class city retirement system.
However, any such active member may, by a writing filed
with the consolidated employer within thirty days after the
consolidation or within thirty days after March 15, 1984,
whichever is later, irrevocably elect instead to continue to be
a member of the public employees’ retirement system,
thereby forever waiving any rights under the first-class city
retirement system based upon such employment with the
consolidated employer.
(3) Only prospective periods of qualifying service under
the first-class city retirement system may be established
under this section. [1984 c 184 § 25.]
Additional notes found at www.leg.wa.gov
41.04.420 Consolidation of local governmental unit
and first-class city retirement system—Newly created
legal entity. If a consolidated employer is a newly created
legal entity and does not immediately join the public employees’ retirement system pursuant to RCW 41.40.062:
(1) All existing employees of the consolidated employer
who are active members of a first-class city retirement system or the public employees’ retirement system immediately
prior to the consolidation shall cease to be members of these
systems. However, any such active members may, by a writing filed with the consolidated employer within thirty days
after the consolidation or within thirty days after March 15,
1984, whichever is later, irrevocably elect instead to continue
as members of the retirement system to which they belonged
at the time of the consolidation for all periods of employment
with the consolidated employer.
(2) If the consolidated employer later joins the public
employees’ retirement system, all existing employees still
employed on that date shall, effective from that date, have the
same retirement system rights and options, subject to the
same conditions as employees governed by RCW 41.04.410,
notwithstanding any previous election under subsection (1)
of this section.
(3) No new employees of the consolidated employer may
become members of an employer-sponsored retirement system until such time as the employer joins the public employees’ retirement system pursuant to RCW 41.40.062. [1984 c
184 § 26.]
41.04.420
Additional notes found at www.leg.wa.gov
41.04.425 Consolidation of local governmental unit
and first-class city retirement system—Limitations. Notwithstanding any provision of RCW 41.04.410, 41.04.415, or
41.04.420:
(1) No person may simultaneously accrue any contractual rights whatsoever in more than one Washington public
retirement system as a consequence of employment by a consolidated employer.
(2) No person who makes a written election permitted by
RCW 41.04.410, 41.04.415, or 41.04.420 may receive a
retirement allowance from such retirement system under any
circumstances while employed or reemployed by the consolidated employer.
41.04.425
(2010 Ed.)
General Provisions
(3) No person may accrue any benefits or rights under
any Washington public retirement system as a result of RCW
41.04.410, 41.04.415, or 41.04.420 except such rights of continuing membership that are specifically and explicitly
granted by RCW 41.04.410, 41.04.415, or 41.04.420.
(4) Nothing in RCW 41.04.400 through 41.04.425 is
intended to constitute an amendment or waiver of any law or
rule of any Washington public retirement system, including
but not limited to those governing eligibility for service
credit, benefits, or membership, except to broaden the class
of legal entities that are deemed to be participating employers
in the retirement systems in the specific circumstances stated
in RCW 41.04.410, 41.04.415, and 41.04.420. [1984 c 184 §
27.]
Additional notes found at www.leg.wa.gov
41.04.430 Consolidation of local governmental unit
and first-class city retirement system—Compliance with
laws and rules—Application of sections. (1) Consolidated
employers that employ persons governed by RCW
41.04.410, 41.04.415, or 41.04.420 shall comply with all
laws and rules governing the retirement system in which the
persons participate as members, including but not limited to
the obligations to make employer contributions, to deduct
and transmit employee contributions, and to submit required
reports.
(2) RCW 41.04.410, 41.04.415, 41.04.420, and
41.04.425 govern any consolidation occurring on or after
December 31, 1981. [1984 c 184 § 28.]
41.04.430
Additional notes found at www.leg.wa.gov
41.04.440 Members’ retirement contributions—Pick
up by employer—Purpose—Benefits not contractual
right. (1) The sole purpose of RCW 41.04.445 and
41.04.450 is to allow the members of the retirement systems
created in chapters 2.10, 2.12, 41.26, 41.32, 41.35, 41.37,
41.40, 41.34, and 43.43 RCW to enjoy the tax deferral benefits allowed under 26 U.S.C. 414(h). Chapter 227, Laws of
1984 does not alter in any manner the provisions of RCW
41.45.060, 41.45.061, and 41.45.067 which require that the
member contribution rates shall be set so as to provide fifty
percent of the cost of the respective retirement plans.
(2) Should the legislature revoke any benefit allowed
under 26 U.S.C. 414(h), no affected employee shall be entitled thereafter to receive such benefit as a matter of contractual right. [2007 c 492 § 3; 2000 c 247 § 1101; 1995 c 239 §
322; 1984 c 227 § 1.]
41.04.440
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.04.445 Members’ retirement contributions—Pick
up by employer—Implementation. (1) This section applies
to all members who are:
(a) Judges under the retirement system established under
chapter 2.10, 2.12, or 2.14 RCW;
(b) Employees of the state under the retirement system
established by chapter 41.32, 41.37, 41.40, or 43.43 RCW;
41.04.445
(2010 Ed.)
41.04.450
(c) Employees of school districts under the retirement
system established by chapter 41.32 or 41.40 RCW, except
for substitute teachers as defined by RCW 41.32.010;
(d) Employees of educational service districts under the
retirement system established by chapter 41.32 or 41.40
RCW; or
(e) Employees of community college districts under the
retirement system established by chapter 41.32 or 41.40
RCW.
(2) Only for compensation earned after the effective date
of the implementation of this section and as provided by section 414(h) of the federal internal revenue code, the employer
of all the members specified in subsection (1) of this section
shall pick up only those member contributions as required
under:
(a) RCW 2.10.090(1);
(b) RCW 2.12.060;
(c) RCW 2.14.090;
(d) RCW 41.32.263;
(e) RCW 41.32.350;
(f) RCW 41.40.330 (1) and (3);
(g) RCW 41.45.061 and 41.45.067;
(h) RCW 41.34.070;
(i) *RCW 43.43.300; and
(j) RCW 41.34.040.
(3) Only for the purposes of federal income taxation, the
gross income of the member shall be reduced by the amount
of the contribution to the respective retirement system picked
up by the employer.
(4) All member contributions to the respective retirement system picked up by the employer as provided by this
section, plus the accrued interest earned thereon, shall be paid
to the member upon the withdrawal of funds or lump-sum
payment of accumulated contributions as provided under the
provisions of the retirement systems.
(5) At least forty-five days prior to implementing this
section, the employer shall provide:
(a) A complete explanation of the effects of this section
to all members; and
(b) Notification of such implementation to the director of
the department of retirement systems. [2007 c 492 § 4; 2000
c 247 § 1102; 1995 c 239 § 323; 1992 c 212 § 15; 1990 c 274
§ 6; 1988 c 109 § 24; 1985 c 13 § 2; 1984 c 227 § 2.]
*Reviser’s note: RCW 43.43.300 was repealed by 2001 c 329 § 12.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Purpose—Application—1985 c 13: "The sole purpose of this 1985 act
is to clarify and more explicitly state the intent of the legislature in enacting
chapter 227, Laws of 1984. This 1985 act makes no substantive changes in
the meaning or impact of that chapter and the provisions of this 1985 act
shall be deemed to have retrospective application to September 1, 1984."
[1985 c 13 § 1.]
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.04.450 Members’ retirement contributions—Pick
up by employer—Optional implementation and withdrawal. (1) Employers of those members under chapters
41.04.450
[Title 41 RCW—page 17]
41.04.455
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.26, 41.34, 41.35, 41.37, and 41.40 RCW who are not specified in RCW 41.04.445 may choose to implement the
employer pick up of all member contributions without exception under RCW 41.26.080(1)(a), 41.26.450, 41.40.330(1),
41.45.060, 41.45.061, and 41.45.067 and chapter 41.34
RCW. If the employer does so choose, the employer and
members shall be subject to the conditions and limitations of
RCW 41.04.445 (3), (4), and (5) and 41.04.455.
(2) An employer exercising the option under this section
may later choose to withdraw from and/or reestablish the
employer pick up of member contributions only once in a calendar year following forty-five days prior notice to the director of the department of retirement systems. [2007 c 492 § 5;
2003 c 294 § 1; 2000 c 247 § 1103; 1995 c 239 § 324; 1985 c
13 § 3; 1984 c 227 § 3.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Purpose—Application—Retrospective application—1985 c 13:See
notes following RCW 41.04.445.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.04.455 Members’ retirement contributions—Pick
up by employer—Conditions. The following two conditions apply to the employer pick up of member contributions
authorized under RCW 41.04.445 (section 2, chapter 227,
Laws of 1984):
(1) The retirement contributions, although designated as
member contributions, will be picked up by the employer, as
provided in RCW 41.04.445 (section 2, chapter 227, Laws of
1984) in lieu of contributions by the member.
(2) No retirement system member will have the option of
choosing to receive the contributed amounts directly instead
of having them paid by the employer to the retirement system. [1985 c 13 § 4.]
41.04.455
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
41.04.460 Financial planning for retirement—
Department of personnel to provide information to retirement system members. The department of personnel,
through the combined benefits communication project, shall
prepare information encouraging individual financial planning for retirement and describing the potential consequences
of early retirement, including members’ assumption of health
insurance costs, members’ receipt of reduced retirement benefits, and the increased period of time before members will
become eligible for cost-of-living adjustments. The department of retirement systems shall distribute the information to
members who are eligible to retire under the provisions of
chapter 234, Laws of 1992. Prior to retiring, such members
who elect to retire shall sign a statement acknowledging their
receipt and understanding of the information. [1992 c 234 §
10.]
41.04.460
41.04.500 Disability leave supplement for law
enforcement officers and firefighters. County, municipal,
and political subdivision employers of full-time, commissioned law enforcement officers and full-time, paid firefighters shall provide a disability leave supplement to such
41.04.500
[Title 41 RCW—page 18]
employees who qualify for payments under RCW 51.32.090
due to a temporary total disability. [1985 c 462 § 1.]
Additional notes found at www.leg.wa.gov
41.04.505 Disability leave supplement for law
enforcement officers and firefighters—Amount. The disability leave supplement shall be an amount which, when
added to the amount payable under RCW 51.32.090 will
result in the employee receiving the same pay he or she
would have received for full time active service, taking into
account that industrial insurance payments are not subject to
federal income or social security taxes. [1985 c 462 § 2.]
41.04.505
Additional notes found at www.leg.wa.gov
41.04.510 Disability leave supplement for law
enforcement officers and firefighters—Payment. The disability leave supplement shall be paid as follows:
(1) The disability leave supplement shall begin on the
sixth calendar day from the date of the injury or illness which
entitles the employee to benefits under RCW 51.32.090. For
the purposes of this section, the day of injury shall constitute
the first calendar day.
(2) One-half of the amount of the supplement as defined
in RCW 41.04.505 shall be charged against the accrued paid
leave of the employee. In computing such charge, the
employer shall convert accumulated days, or other time units
as the case may be, to a money equivalent based on the base
monthly salary of the employee at the time of the injury or illness. "Base monthly salary" for the purposes of this section
means the amount earned by the employee before any voluntary or involuntary payroll deductions, and not including
overtime pay.
(3) One-half of the amount of the supplement as defined
in RCW 41.04.505 shall be paid by the employer.
If an employee has no accrued paid leave at the time of
an injury or illness which entitles him to benefits under RCW
51.32.090, or if accrued paid leave is exhausted during the
period of disability, the employee shall receive only that portion of the disability leave supplement prescribed by subsection (3) of this section. [1989 c 21 § 1; 1985 c 462 § 3.]
41.04.510
Additional notes found at www.leg.wa.gov
41.04.515 Disability leave supplement for law
enforcement officers and firefighters—Time limitation.
The disability leave supplement provided by RCW 41.04.500
through 41.04.530 shall continue as long as the employee is
receiving benefits under RCW 51.32.090, up to a maximum
of six months from the date of the injury or illness. [1985 c
462 § 4.]
41.04.515
Additional notes found at www.leg.wa.gov
41.04.520 Disability leave supplement for law
enforcement officers and firefighters—Employee to perform light duty tasks. While an employee is receiving disability leave supplement, the employee, subject to the
approval of his or her treating physician, shall perform light
duty tasks in the employee’s previous department as the
employer may require, with no reduction in the disability
leave supplement. [1985 c 462 § 5.]
41.04.520
Additional notes found at www.leg.wa.gov
(2010 Ed.)
General Provisions
41.04.525 Disability leave supplement for law
enforcement officers and firefighters—Continuation of
employee insurance benefits. The disability leave supplement provided in RCW 41.04.510(3) shall not be considered
salary or wages for personal services: PROVIDED, That the
employee shall also continue to receive all insurance benefits
provided in whole or in part by the employer, notwithstanding the fact that some portion of the cost of those benefits is
paid by the employee: PROVIDED FURTHER, That the
portion of the cost not paid by the employer continues to be
paid by the employee. [1989 c 11 § 10; 1985 c 462 § 7.]
41.04.525
Additional notes found at www.leg.wa.gov
41.04.530 Disability leave supplement for law
enforcement officers and firefighters—Exhaustion of
accrued sick leave. If an employee’s accrued sick leave is
exhausted during the period of disability, the employee may,
for a period of two months following return to active service,
draw prospectively upon sick leave the employee is expected
to accumulate up to a maximum of three days or three work
shifts, whichever is greater. Any sick leave drawn prospectively as provided in this section shall be charged against
earned sick leave until such time as the employee has accrued
the amount needed to restore the amount used. In the event an
employee terminates active service without having restored
the sick leave drawn prospectively, the employer shall deduct
the actual cost of any payments made under this section from
compensation or other money payable to the employee, or
otherwise recover such payments. [1985 c 462 § 8.]
41.04.530
Additional notes found at www.leg.wa.gov
41.04.535 Disability leave supplement for law
enforcement officers and firefighters—Greater benefits
not precluded. Nothing in RCW 41.04.500 through
41.04.530 shall preclude employers of law enforcement
officers and firefighters and such employees from entering
into agreements which provide benefits to employees which
are greater than those prescribed by RCW 41.04.500 through
41.04.530, nor is there any intent by the legislature to alter or
in any way affect any such agreements which may now exist.
[1985 c 462 § 11.]
41.04.535
Additional notes found at www.leg.wa.gov
41.04.540 Disability leave supplement for law
enforcement officers and firefighters—Supplement not
required in smaller cities, towns, and counties. Cities and
towns with a population of less than twenty-five hundred and
counties with a population of less than ten thousand shall not
be required to provide a disability leave supplement to their
commissioned law enforcement officers and full-time paid
firefighters who qualify for payments pursuant to RCW
51.32.090, due to temporary total disability. [1985 c 462 §
12.]
41.04.540
Additional notes found at www.leg.wa.gov
41.04.545 Disability leave supplement for law
enforcement officers and firefighters—Vested right not
created. Chapter 462, Laws of 1985 neither grants employees a vested right to receive a disability leave supplement nor
creates a contractual obligation on behalf of the state or its
41.04.545
(2010 Ed.)
41.04.590
political subdivisions to provide a disability leave supplement. [1985 c 462 § 13.]
Additional notes found at www.leg.wa.gov
41.04.550 Disability leave supplement for law
enforcement officers and firefighters—Not subject to
interest arbitration. Disability leave supplement payments
for employees covered by chapter 462, Laws of 1985 shall
not be subject to interest arbitration as defined in RCW
41.56.430 through 41.56.905. [1985 c 462 § 14.]
41.04.550
Additional notes found at www.leg.wa.gov
41.04.580 Dismissal of municipal employees during
World War II—Redress authorized. A municipality may
by ordinance or resolution provide for redress to any municipal employee or the surviving spouse of a municipal
employee who, due to the promulgation of federal Executive
Order 9066, was dismissed, terminated from a temporary
position, or rejected during the person’s probationary period,
or who voluntarily resigned in lieu of dismissal from municipal employment, and who incurred salary and other employment related losses as a result thereof during the years 1942
through 1947. [1986 c 225 § 2.]
41.04.580
Legislative findings—1986 c 225: "The dismissal or termination of
various municipal employees during World War II resulted from the promulgation of federal Executive Order 9066 which was based mainly on fear and
suspicion rather than on factual justification. It is fair and just that redress be
made to those employees who were terminated from municipal employment
during the wartime years because of these circumstances. The legislature
therefore finds that equity and fairness will be served by authorizing municipalities to accept claims for salary and other employment related losses suffered by the municipal employees directly affected and to pay the claims
subject to the provisions of this chapter." [1986 c 225 § 1.]
Reparations to state employees terminated during World War II: Chapter
41.68 RCW.
Additional notes found at www.leg.wa.gov
41.04.585 Dismissal of municipal employees during
World War II—Redress not mandatory. RCW 41.04.580
through 41.04.595 do not require a municipality to adopt an
ordinance or resolution providing for redress of salary and
other employment related losses. [1986 c 225 § 3.]
41.04.585
Legislative findings—Severability—1986 c 225: See notes following
RCW 41.04.580.
41.04.590 Dismissal of municipal employees during
World War II—Redress—Limitations. Under the system
of redress authorized under RCW 41.04.580 through
41.04.595:
(1) A municipality may determine in its sole discretion
the monetary amount of redress for salary and other employment related losses, which may not exceed five thousand dollars for any undivided claim.
(2) If a municipality adopts an ordinance or resolution
providing for redress of salary and other employment related
losses, it has no obligation to notify directly any person of
possible eligibility for redress of salary and other employment related losses. [1986 c 225 § 4.]
41.04.590
Legislative findings—Severability—1986 c 225: See notes following
RCW 41.04.580.
[Title 41 RCW—page 19]
41.04.595
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.04.595 Dismissal of municipal employees during
World War II—Definitions. For the purposes of this chapter, "municipality" means a city, town, county, special purpose district, municipal corporation, quasi-municipal corporation, or political subdivision of the state of Washington. For
the purposes of this chapter, a "municipal employee" means
an employee of a municipality. [1986 c 225 § 5.]
41.04.595
Legislative findings—Severability—1986 c 225: See notes following
RCW 41.04.580.
41.04.650 Leave sharing program—Intent. The legislature finds that: (1) State employees historically have
joined together to help their fellow employees who suffer
from, or have relatives or household members suffering from,
an extraordinary or severe illness, injury, impairment, or
physical or mental condition which prevents the individual
from working and causes great economic and emotional distress to the employee and his or her family; and (2) these circumstances may be exacerbated because the affected
employees use all their accrued sick leave and annual leave
and are forced to take leave without pay or terminate their
employment. Therefore, the legislature intends to provide for
the establishment of a leave sharing program. [1989 c 93 §
1.]
41.04.650
Additional notes found at www.leg.wa.gov
41.04.655 Leave sharing program—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 41.04.650 through
41.04.670, 28A.400.380, and section 7, chapter 93, Laws of
1989.
(1) "Domestic violence" means: (a) Physical harm,
bodily injury, assault, or the infliction of fear of imminent
physical harm, bodily injury, or assault, between family or
household members as defined in RCW 26.50.010; (b) sexual
assault of one family or household member by another family
or household member; or (c) stalking as defined in RCW
9A.46.110 of one family or household member by another
family or household member.
(2) "Employee" means any employee of the state, including employees of school districts and educational service districts, who are entitled to accrue sick leave or annual leave
and for whom accurate leave records are maintained.
(3) "Program" means the leave sharing program established in RCW 41.04.660.
(4) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active
duty, active duty for training, initial active duty for training,
inactive duty training, full-time national guard duty including
state-ordered active duty, and a period for which a person is
absent from a position of employment for the purpose of an
examination to determine the fitness of the person to perform
any such duty.
(5) "Sexual assault" has the same meaning as set forth in
RCW 70.125.030.
(6) "Stalking" has the same meaning as set forth in RCW
9A.46.110.
(7) "State agency" or "agency" means departments,
offices, agencies, or institutions of state government, the leg41.04.655
[Title 41 RCW—page 20]
islature, institutions of higher education, school districts, and
educational service districts.
(8) "Uniformed services" means the armed forces, the
army national guard, and the air national guard of any state,
territory, commonwealth, possession, or district when
engaged in active duty for training, inactive duty training,
full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard,
and any other category of persons designated by the president
of the United States in time of war or national emergency.
(9) "Victim" means a person against whom domestic
violence, sexual assault, or stalking has been committed as
defined in this section. [2008 c 36 § 1; 2003 1st sp.s. c 12 §
1; 1990 c 33 § 569; 1989 c 93 § 2.]
Effective date—2008 c 36: "This act takes effect October 1, 2008."
[2008 c 36 § 4.]
Effective date—2003 1st sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 20, 2003]." [2003 1st sp.s. c 12 § 4.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Additional notes found at www.leg.wa.gov
41.04.660 Leave sharing program—Created. The
Washington state leave sharing program is hereby created.
The purpose of the program is to permit state employees, at
no significantly increased cost to the state of providing
annual leave, sick leave, or personal holidays, to come to the
aid of a fellow state employee who is suffering from or has a
relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition; a fellow state employee who is a victim of
domestic violence, sexual assault, or stalking; or a fellow
state employee who has been called to service in the uniformed services, which has caused or is likely to cause the
employee to take leave without pay or terminate his or her
employment. [2008 c 36 § 2; 2003 1st sp.s. c 12 § 2; 1996 c
176 § 2; 1990 c 23 § 1; 1989 c 93 § 3.]
41.04.660
Effective date—2008 c 36: See note following RCW 41.04.655.
Effective date—2003 1st sp.s. c 12: See note following RCW
41.04.655.
Additional notes found at www.leg.wa.gov
41.04.665 Leave sharing program—When employee
may receive leave—When employee may transfer
accrued leave—Transfer of leave between employees of
different agencies. (1) An agency head may permit an
employee to receive leave under this section if:
(a)(i) The employee suffers from, or has a relative or
household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature;
(ii) The employee has been called to service in the uniformed services;
(iii) A state of emergency has been declared anywhere
within the United States by the federal or any state government and the employee has needed skills to assist in responding to the emergency or its aftermath and volunteers his or
her services to either a governmental agency or to a nonprofit
organization engaged in humanitarian relief in the devastated
41.04.665
(2010 Ed.)
General Provisions
area, and the governmental agency or nonprofit organization
accepts the employee’s offer of volunteer services;
(iv) The employee is a victim of domestic violence, sexual assault, or stalking; or
(v) During the 2009-2011 fiscal biennium only, the
employee is eligible to use leave in lieu of temporary layoff
under section 3(5), chapter 32, Laws of 2010 1st sp. sess.;
(b) The illness, injury, impairment, condition, call to service, emergency volunteer service, or consequence of domestic violence, sexual assault, temporary layoff under section
3(5), chapter 32, Laws of 2010 1st sp. sess., or stalking has
caused, or is likely to cause, the employee to:
(i) Go on leave without pay status; or
(ii) Terminate state employment;
(c) The employee’s absence and the use of shared leave
are justified;
(d) The employee has depleted or will shortly deplete his
or her:
(i) Annual leave and sick leave reserves if he or she qualifies under (a)(i) of this subsection;
(ii) Annual leave and paid military leave allowed under
RCW 38.40.060 if he or she qualifies under (a)(ii) of this subsection; or
(iii) Annual leave if he or she qualifies under (a)(iii),
(iv), or (v) of this subsection;
(e) The employee has abided by agency rules regarding:
(i) Sick leave use if he or she qualifies under (a)(i) or (iv)
of this subsection; or
(ii) Military leave if he or she qualifies under (a)(ii) of
this subsection; and
(f) The employee has diligently pursued and been found
to be ineligible for benefits under chapter 51.32 RCW if he or
she qualifies under (a)(i) of this subsection.
(2) The agency head shall determine the amount of leave,
if any, which an employee may receive under this section.
However, an employee shall not receive a total of more than
five hundred twenty-two days of leave, except that, a supervisor may authorize leave in excess of five hundred twentytwo days in extraordinary circumstances for an employee
qualifying for the shared leave program because he or she is
suffering from an illness, injury, impairment, or physical or
mental condition which is of an extraordinary or severe
nature. Shared leave received under the uniformed service
shared leave pool in RCW 41.04.685 is not included in this
total.
(3) An employee may transfer annual leave, sick leave,
and his or her personal holiday, as follows:
(a) An employee who has an accrued annual leave balance of more than ten days may request that the head of the
agency for which the employee works transfer a specified
amount of annual leave to another employee authorized to
receive leave under subsection (1) of this section. In no event
may the employee request a transfer of an amount of leave
that would result in his or her annual leave account going
below ten days. For purposes of this subsection (3)(a),
annual leave does not accrue if the employee receives compensation in lieu of accumulating a balance of annual leave.
(b) An employee may transfer a specified amount of sick
leave to an employee requesting shared leave only when the
donating employee retains a minimum of one hundred seventy-six hours of sick leave after the transfer.
(2010 Ed.)
41.04.665
(c) An employee may transfer, under the provisions of
this section relating to the transfer of leave, all or part of his
or her personal holiday, as that term is defined under RCW
1.16.050, or as such holidays are provided to employees by
agreement with a school district’s board of directors if the
leave transferred under this subsection does not exceed the
amount of time provided for personal holidays under RCW
1.16.050.
(4) An employee of an institution of higher education
under RCW 28B.10.016, school district, or educational service district who does not accrue annual leave but does
accrue sick leave and who has an accrued sick leave balance
of more than twenty-two days may request that the head of
the agency for which the employee works transfer a specified
amount of sick leave to another employee authorized to
receive leave under subsection (1) of this section. In no event
may such an employee request a transfer that would result in
his or her sick leave account going below twenty-two days.
Transfers of sick leave under this subsection are limited to
transfers from employees who do not accrue annual leave.
Under this subsection, "sick leave" also includes leave
accrued pursuant to RCW 28A.400.300(2) or
28A.310.240(1) with compensation for illness, injury, and
emergencies.
(5) Transfers of leave made by an agency head under
subsections (3) and (4) of this section shall not exceed the
requested amount.
(6) Leave transferred under this section may be transferred from employees of one agency to an employee of the
same agency or, with the approval of the heads of both agencies, to an employee of another state agency.
(7) While an employee is on leave transferred under this
section, he or she shall continue to be classified as a state
employee and shall receive the same treatment in respect to
salary, wages, and employee benefits as the employee would
normally receive if using accrued annual leave or sick leave.
(a) All salary and wage payments made to employees
while on leave transferred under this section shall be made by
the agency employing the person receiving the leave. The
value of leave transferred shall be based upon the leave value
of the person receiving the leave.
(b) In the case of leave transferred by an employee of one
agency to an employee of another agency, the agencies
involved shall arrange for the transfer of funds and credit for
the appropriate value of leave.
(i) Pursuant to rules adopted by the office of financial
management, funds shall not be transferred under this section
if the transfer would violate any constitutional or statutory
restrictions on the funds being transferred.
(ii) The office of financial management may adjust the
appropriation authority of an agency receiving funds under
this section only if and to the extent that the agency’s existing
appropriation authority would prevent it from expending the
funds received.
(iii) Where any questions arise in the transfer of funds or
the adjustment of appropriation authority, the director of
financial management shall determine the appropriate transfer or adjustment.
(8) Leave transferred under this section shall not be used
in any calculation to determine an agency’s allocation of full
time equivalent staff positions.
[Title 41 RCW—page 21]
41.04.670
Title 41 RCW: Public Employment, Civil Service, and Pensions
(9) The value of any leave transferred under this section
which remains unused shall be returned at its original value to
the employee or employees who transferred the leave when
the agency head finds that the leave is no longer needed or
will not be needed at a future time in connection with the illness or injury for which the leave was transferred or for any
other qualifying condition. Before the agency head makes a
determination to return unused leave in connection with an
illness or injury, or any other qualifying condition, he or she
must receive from the affected employee a statement from the
employee’s doctor verifying that the illness or injury is
resolved. To the extent administratively feasible, the value of
unused leave which was transferred by more than one
employee shall be returned on a pro rata basis.
(10) An employee who uses leave that is transferred to
him or her under this section may not be required to repay the
value of the leave that he or she used.
(11) The director of personnel may adopt rules as necessary to implement *subsection (2)(a) through (c) of this section. [2010 1st sp.s. c 32 § 10; 2010 c 168 § 1; 2008 c 36 § 3.
Prior: 2007 c 454 § 1; 2007 c 25 § 2; 2003 1st sp.s. c 12 § 3;
1999 c 25 § 1; 1996 c 176 § 1; 1990 c 23 § 2; 1989 c 93 § 4.]
Reviser’s note: *(1) The reference to subsection (2)(a) through (c) is in
error. Subsection (2) of this section was apparently intended.
(2) This section was amended by 2010 c 168 § 1 and by 2010 1st sp.s.
c 32 § 10, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule
of construction, see RCW 1.12.025(1).
Intent—Conflict with federal requirements—Effective date—2010
1st sp.s. c 32: See notes following RCW 42.04.060.
Effective date—2010 c 168: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 23, 2010]." [2010 c 168 § 2.]
Effective date—2008 c 36: See note following RCW 41.04.655.
Severability—Effective date—2007 c 25: See notes following RCW
41.04.685.
Effective date—2003 1st sp.s. c 12: See note following RCW
41.04.655.
Additional notes found at www.leg.wa.gov
41.04.670 Leave sharing program—Adoption of
rules. The Washington personnel resources board and other
personnel authorities shall each adopt rules applicable to
employees under their respective jurisdictions: (1) Establishing appropriate parameters for the program which are consistent with the provisions of RCW 41.04.650 through
41.04.665; (2) providing for equivalent treatment of employees between their respective jurisdictions and allowing transfers of leave in accordance with RCW 41.04.665(5); (3)
establishing procedures to ensure that the program does not
significantly increase the cost of providing leave; and (4) providing for the administration of the program and providing
for maintenance and collection of sufficient information on
the program to allow a thorough legislative review. [1993 c
281 § 18; 1990 c 23 § 3; 1989 c 93 § 5.]
41.04.670
Additional notes found at www.leg.wa.gov
41.04.680 Pooled sick leave—Plan establishment—
Calculations—Participation—Higher education institutions. The department of personnel and other personnel
authorities shall adopt rules or policies governing the accu41.04.680
[Title 41 RCW—page 22]
mulation and use of sick leave for state agency and department employees, expressly for the establishment of a plan
allowing participating employees to pool sick leave and
allowing any sick leave thus pooled to be used by any participating employee who has used all of the sick leave, annual
leave, and compensatory leave that has been personally
accrued by him or her. Each department or agency of the
state may allow employees to participate in a sick leave pool
established by the department of personnel and other personnel authorities.
(1) For purposes of calculating maximum sick leave that
may be donated or received by any one employee, pooled
sick leave:
(a) Is counted and converted in the same manner as sick
leave under the Washington state leave sharing program as
provided in this chapter; and
(b) Does not create a right to sick leave in addition to the
amount that may be donated or received under the Washington state leave sharing program as provided in this chapter.
(2) The department and other personnel authorities,
except the personnel authorities for higher education institutions, shall adopt rules which provide:
(a) That employees are eligible to participate in the sick
leave pool after one year of employment with the state or
agency of the state if the employee has accrued a minimum
amount of unused sick leave, to be established by rule;
(b) That participation in the sick leave pool shall, at all
times, be voluntary on the part of the employees;
(c) That any sick leave pooled shall be removed from the
personally accumulated sick leave balance of the employee
contributing the leave;
(d) That any sick leave in the pool that is used by a participating employee may be used only for the employee’s
personal illness, accident, or injury;
(e) That a participating employee is not eligible to use
sick leave accumulated in the pool until all of his or her personally accrued sick, annual, and compensatory leave has
been used;
(f) A maximum number of days of sick leave in the pool
that any one employee may use;
(g) That a participating employee who uses sick leave
from the pool is not required to recontribute such sick leave
to the pool, except as otherwise provided in this section;
(h) That an employee who cancels his or her membership
in the sick leave pool is not eligible to withdraw the days of
sick leave contributed by that employee to the pool;
(i) That an employee who transfers from one position in
state government to another position in state government may
transfer from one pool to another if the eligibility criteria of
the pools are comparable and the administrators of the pools
have agreed on a formula for transfer of credits;
(j) That alleged abuse of the use of the sick leave pool
shall be investigated, and, on a finding of wrongdoing, the
employee shall repay all of the sick leave credits drawn from
the sick leave pool and shall be subject to such other disciplinary action as is determined by the agency head;
(k) That sick leave credits may be drawn from the sick
leave pool by a part-time employee on a pro rata basis; and
(l) That each department or agency shall maintain accurate and reliable records showing the amount of sick leave
which has been accumulated and is unused by employees, in
(2010 Ed.)
General Provisions
accordance with guidelines established by the department of
personnel.
(3) Personnel authorities for higher education institutions shall adopt policies consistent with the needs of the
employees under their respective jurisdictions. [2006 c 356 §
1.]
Effective date—2006 c 356: "This act takes effect July 1, 2007." [2006
c 356 § 2.]
41.04.685 Uniformed service shared leave pool—
Creation—Administration—Restrictions—Definitions.
(1) The uniformed service shared leave pool is created to
allow employees to donate leave to be used as shared leave
for any employee who has been called to service in the uniformed services and who meets the requirements of RCW
41.04.665. Participation in the pool shall, at all times, be voluntary on the part of the employee. The military department,
in consultation with the department of personnel and the
office of financial management, shall administer the uniformed service shared leave pool.
(2) Employees as defined in subsection (10) of this section who are eligible to donate leave under RCW 41.04.665
may donate leave to the uniformed service shared leave pool.
(3) An employee as defined in subsection (10) of this
section who has been called to service in the uniformed services and is eligible for shared leave under RCW 41.04.665
may request shared leave from the uniformed service shared
leave pool.
(4) It shall be the responsibility of the employee who has
been called to service to provide an earnings statement verifying military salary, orders of service, and notification of a
change in orders of service or military salary.
(5) Shared leave under this section may not be granted
unless the pool has a sufficient balance to fund the requested
shared leave for the expected term of service.
(6) Shared leave paid under this section, in combination
with military salary, shall not exceed the level of the
employee’s state monthly salary.
(7) Any leave donated shall be removed from the personally accumulated leave balance of the employee donating the
leave.
(8) An employee who receives shared leave from the
pool is not required to recontribute such leave to the pool,
except as otherwise provided in this section.
(9) Leave that may be donated or received by any one
employee shall be calculated as in RCW 41.04.665.
(10) As used in this section:
(a) "Employee" has the meaning provided in RCW
41.04.655, except that "employee" as used in this section
does not include employees of school districts and educational service districts.
(b) "Service in the uniformed services" has the meaning
provided in RCW 41.04.655.
(c) "Military salary" includes base, specialty, and other
pay, but does not include allowances such as the basic allowance for housing.
(d) "Monthly salary" includes monthly salary and special
pay and shift differential, or the monthly equivalent for
hourly employees. "Monthly salary" does not include:
(i) Overtime pay;
(ii) Call back pay;
41.04.685
(2010 Ed.)
41.04.720
(iii) Standby pay; or
(iv) Performance bonuses.
(11) The department of personnel, in consultation with
the military department and the office of financial management, shall adopt rules and policies governing the donation
and use of shared leave from the uniformed service shared
leave pool, including definitions of pay and allowances and
guidelines for agencies to use in recordkeeping concerning
shared leave.
(12) Agencies shall investigate any alleged abuse of the
uniformed service shared leave pool and on a finding of
wrongdoing, the employee may be required to repay all of the
shared leave received from the uniformed service shared
leave pool.
(13) Higher education institutions shall adopt policies
consistent with the needs of the employees under their
respective jurisdictions. [2007 c 25 § 1.]
Severability—2007 c 25: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2007 c 25 § 4.]
Effective date—2007 c 25: "This act takes effect October 1, 2007."
[2007 c 25 § 5.]
41.04.700 Employee assistance program—Intent.
The legislature finds that:
(1) Assisting employees in resolving personal problems
that impair their performance will result in a more productive
workforce, better morale, reduced stress, reduced use of medical benefits, reduced absenteeism, lower turnover rates, and
fewer accidents;
(2) A substantial number of employee problems can be
identified and the employees referred to treatment by an
employee assistance program;
(3) The state, as an employer, desires to foster a working
environment that promotes safety and productivity as well as
the health and well-being of its employees.
Therefore, it is the purpose of RCW 41.04.710 through
41.04.730 to assist state employees by establishing a state
employee assistance program. [1990 c 60 § 301.]
41.04.700
Additional notes found at www.leg.wa.gov
41.04.710 Employee assistance program—Created.
The employee assistance program is hereby created to provide support and services to state employees who have personal problems that impair their performance in the work
place. The goal of the program is to help promote a safe, productive, and healthy state workforce by assisting state
employees and their supervisors to identify and deal with
such personal problems. However, nothing in this chapter
relieves employees from the responsibility of performing
their jobs in an acceptable manner. [1990 c 60 § 302.]
41.04.710
Additional notes found at www.leg.wa.gov
41.04.720 Employee assistance program—*Director
of human resources—Duties. The *director of human
resources shall:
(1) Administer the state employee assistance program to
assist employees who have personal problems that adversely
affect their job performance or have the potential of doing so;
41.04.720
[Title 41 RCW—page 23]
41.04.730
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) Develop policies, procedures, and activities for the
program;
(3) Encourage and promote the voluntary use of the
employee assistance program by increasing employee awareness and disseminating educational materials;
(4) Provide technical assistance and training to agencies
on how to use the employee assistance program;
(5) Assist and encourage supervisors to identify and refer
employees with problems that impair their performance by
incorporating proper use of the program in management
training, management performance criteria, ongoing communication with agencies, and other appropriate means;
(6) Offer substance abuse prevention and awareness
activities to be provided through the employee assistance
program and the state employee wellness program;
(7) Monitor and evaluate the effectiveness of the program, including the collection, analysis, and publication of
relevant statistical information; and
(8) Consult with state agencies, institutions of higher
education, and employee organizations in carrying out the
purposes of RCW 41.04.700 through 41.04.730. [1990 c 60
§ 303.]
*Reviser’s note: The reference to the "director of human resources" is
erroneous. In the final version of House Bill No. 2567, all other references
were changed to the "director of personnel."
Additional notes found at www.leg.wa.gov
41.04.730 Employee assistance program—Information confidential—Exceptions. Individual employees’ participation in the employee assistance program and all individually identifiable information gathered in the process of conducting the program shall be held in strict confidence; except
that agency management may be provided with the following
information about employees referred by that agency management due to poor job performance:
(1) Whether or not the referred employee made an
appointment;
(2) The date and time the employee arrived and departed;
(3) Whether the employee agreed to follow the advice of
counselors; and
(4) Whether further appointments were scheduled.
Participation or nonparticipation by any employee in the
employee assistance program shall not be a factor in any
decision affecting an employee’s job security, promotional
opportunities, corrective or disciplinary action, or other
employment rights. [1990 c 60 § 304.]
41.04.730
Additional notes found at www.leg.wa.gov
41.04.750 Supported employment—Definitions.
Unless the context clearly requires otherwise the definitions
in this section apply throughout RCW 41.04.760 through
41.04.780.
(1) "Developmental disability" means a disability as
defined in RCW 71A.10.020.
(2) "Significant disability" means a disability as defined
in 29 U.S.C. Sec. 705.
(3) "Supported employment" means employment for
individuals with developmental disabilities or other significant disabilities who require on-the-job training and longterm support in order to fulfill their job duties successfully.
41.04.750
[Title 41 RCW—page 24]
Supported employment offers the same wages and benefits as
similar nonsupported employment positions.
(4) "State agency" means any office, department, division, bureau, board, commission, community college or institution of higher education, or agency of the state of Washington. [1999 c 178 § 2; 1997 c 287 § 2.]
Finding—1997 c 287: "The legislature finds that the rate of unemployment among individuals with developmental disabilities or other significant
disabilities is high due to the limited employment opportunities available to
them. Given that individuals with developmental disabilities or other significant disabilities are capable of filling employment positions in the general
workforce population, supported employment is an effective way of integrating such individuals into the general workforce population. The creation of
supported employment programs can increase the types and availability of
employment positions for individuals with developmental disabilities or
other significant disabilities." [1999 c 178 § 1; 1997 c 287 § 1.]
41.04.760 Supported employment—State agency
participation. State agencies are encouraged to participate
in supported employment activities. The department of social
and health services, in conjunction with the department of
personnel and the office of financial management, shall identify agencies that have positions and funding conducive to
implementing supported employment. An agency may only
participate in supported employment activities pursuant to
this section if the agency is able to operate the program
within its existing budget. These agencies shall:
(1) Designate a coordinator who will be responsible for
information and resource referral regarding the agency’s supported employment program. The coordinator shall serve as a
liaison between the agency and the department of personnel
regarding supported employment;
(2) Submit an annual update to the department of social
and health services, the department of personnel, and the
office of financial management. The annual update shall
include: A description of the agency’s supported employment efforts, the number of individuals placed in supported
employment positions, and an overall evaluation of the effectiveness of supported employment for the agency. [1999 c
178 § 3; 1997 c 287 § 3.]
41.04.760
Finding—1997 c 287: See note following RCW 41.04.750.
41.04.770 Supported employment—Implementation.
The department of social and health services and the department of personnel shall, after consultation with supported
employment provider associations and other interested parties, encourage, educate, and assist state agencies in implementing supported employment programs. The department of
personnel shall provide human resources technical assistance
to agencies implementing supported employment programs.
The department of personnel shall make available, upon
request of the legislature, an annual report that evaluates the
overall progress of supported employment in state government. [1997 c 287 § 4.]
41.04.770
Finding—1997 c 287: See note following RCW 41.04.750.
41.04.780 Supported employment—Impact on other
employment positions. The creation of supported employment positions under RCW 41.04.760 and 41.04.770 shall
not count against an agency’s allotted full-time equivalent
employee positions. Supported employment programs are not
41.04.780
(2010 Ed.)
State Health Care Authority
intended to displace employees or abrogate any reduction-inforce rights. [1997 c 287 § 5.]
41.05.017
41.05.021
Finding—1997 c 287: See note following RCW 41.04.750.
41.04.800 Chapter not applicable to officers and
employees of state convention and trade center. The provisions of this chapter shall not be applicable to the officers
and employees of the nonprofit corporation formed under
chapter 67.40 RCW. [1984 c 210 § 5.]
41.05.022
41.04.800
Additional notes found at www.leg.wa.gov
41.04.810 Title not applicable to individual providers, family child care providers, adult family home providers, and language access providers. Individual providers, as defined in RCW 74.39A.240, and family child care
providers, adult family home providers, and language access
providers, all as defined in RCW 41.56.030, are not employees of the state or any of its political subdivisions and are specifically and entirely excluded from all provisions of this
title, except as provided in RCW 74.39A.270, 41.56.028, and
41.56.029. [2010 c 296 § 5; 2007 c 184 § 4; 2006 c 54 § 4;
2004 c 3 § 3.]
41.05.023
41.05.026
41.05.031
41.05.033
41.05.035
41.04.810
Conflict with federal requirements—2010 c 296: See note following
RCW 41.56.510.
41.05.036
41.05.037
41.05.039
41.05.042
41.05.046
41.05.050
41.05.055
41.05.065
41.05.066
41.05.068
41.05.075
41.05.080
Part headings not law—Severability—Conflict with federal
requirements—2007 c 184: See notes following RCW 41.56.029.
Part headings not law—Severability—Conflict with federal
requirements—Short title—Effective date—2006 c 54: See RCW
41.56.911 through 41.56.915.
Severability—Effective date—2004 c 3: See notes following RCW
74.39A.270.
41.04.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 85.]
41.04.900
Chapter 41.05
Chapter 41.05 RCW
STATE HEALTH CARE AUTHORITY
(Formerly: State employees’ insurance and health care)
Sections
41.05.006
41.05.008
41.05.009
41.05.0091
41.05.011
41.05.013
41.05.014
41.05.015
(2010 Ed.)
Purpose.
Duties of employing agencies.
Determination of employee eligibility for benefits.
Eligibility exists prior to January 1, 2010.
Definitions.
State purchased health care programs—Uniform policies—
Report to the legislature.
Applications and enrollment forms—Signatures.
Medical director.
41.05.080
41.05.085
41.05.090
41.05.095
41.05.100
41.05.110
41.05.120
41.05.123
41.05.130
41.05.140
41.05.143
41.05.160
41.05.165
41.05.170
41.05.177
41.05.180
41.05.183
41.05.185
41.05.195
41.05.197
41.05.205
41.05.220
41.05.225
41.05.230
41.05.240
41.05.280
41.05.295
41.05.300
41.05.310
Chapter 41.05
Provisions applicable to health plans offered under this chapter.
State health care authority—Administrator—Cost control and
delivery strategies—Health information technology—Managed competition—Rules.
State agent for purchasing health services—Single community-rated risk pool.
Chronic care management program—Uniform medical plan—
Definitions.
Contracts—Proprietary data, trade secrets, actuarial formulas,
statistics, cost and utilization data—Exemption from public
inspection—Executive sessions.
Agencies to establish health care information systems.
Shared decision-making demonstration project—Preferencesensitive care.
Exchange of health information—Pilot—Advisory board, discretionary—Administrator’s authority.
Health information—Definitions.
Nurse hotline, when funded.
Health information—Secure access—Lead organization—
Administrator’s duties.
Health information—Processes, guidelines, and standards.
Health information—Conflict with federal requirements.
Contributions for employees and dependents—Definitions.
Public employees’ benefits board—Members.
Public employees’ benefits board—Duties—Eligibility—Definitions—Penalties.
Same sex domestic partner benefits.
Federal employer incentive program—Authority to participate.
Employee benefit plans—Contracts with insuring entities—
Performance measures—Financial incentives—Health
information technology.
Participation in insurance plans and contracts—Retired, disabled, or separated employees—Certain surviving spouses
or surviving domestic partners and dependent children (as
amended by 2009 c 522).
Participation in insurance plans and contracts—Retired, disabled, or separated employees—Certain surviving spouses,
domestic partners, and dependent children (as amended by
2009 c 523).
Retired or disabled school employee health insurance subsidy.
Continuation of coverage of employee, spouse, or covered
dependent ineligible under state plan—Exceptions.
Unmarried dependents under the age of twenty-five.
Chapter not applicable to certain employees of Cooperative
Extension Service.
Chapter not applicable to officers and employees of state convention and trade center.
Public employees’ and retirees’ insurance account.
Flexible spending administrative account—Salary reduction
account.
State health care authority administrative account.
Payment of claims—Self-insurance—Insurance reserve funds
created.
Uniform medical plan benefits administration account—Uniform dental plan benefits administration account—Public
employees’ benefits board medical benefits administration
account.
Rules.
Rules—Insurance benefit reimbursement.
Neurodevelopmental therapies—Employer-sponsored group
contracts.
Prostate cancer screening—Required coverage.
Mammograms—Insurance coverage.
General anesthesia services for dental procedures—Public
employee benefit plans.
Diabetes benefits—State-purchased health care.
Medicare supplemental insurance policies.
Medicare supplemental insurance policies.
Tricare supplemental insurance policy—Authority to offer—
Rules.
Community and migrant health centers—Maternity health
care centers—People of color—Underserved populations.
Blind licensees in the business enterprises program—Plan of
health insurance.
Multicultural health care technical assistance program.
American Indian health care delivery plan.
Department of corrections—Inmate health care.
Dependent care assistance program—Health care authority—
Powers, duties, and functions.
Salary reduction agreements—Authorized.
Salary reduction plan—Policies and procedures—Plan document.
[Title 41 RCW—page 25]
41.05.006
41.05.320
41.05.330
41.05.340
41.05.350
41.05.360
41.05.400
41.05.500
41.05.520
41.05.530
41.05.540
41.05.541
41.05.550
41.05.600
41.05.601
41.05.630
41.05.650
41.05.651
41.05.660
41.05.900
41.05.901
Title 41 RCW: Public Employment, Civil Service, and Pensions
Salary reduction plan—Eligibility—Participation, withdrawal.
Salary reduction plan—Accounts and records.
Salary reduction plan—Termination—Amendment.
Salary reduction plan—Rules.
Salary reduction plan—Construction.
Plan of health care coverage—Available funds—Components—Eligibility—Administrator’s duties.
Prescription drug price discounts—Eligibility—Penalty—
Enrollment fee.
Pharmacy connection program—Notice.
Prescription drug assistance, education—Rules.
State employee health program—Requirements—Report.
State employee health demonstration project—Required elements—Reports.
Prescription drug assistance foundation—Nonprofit and taxexempt corporation—Liability.
Mental health services—Definition—Coverage required,
when.
Mental health services—Rules.
Annual report of customary service complaints and appeals.
Community health care collaborative grant program—
Grants—Administrative support—Eligibility.
Rules—2009 c 299.
Community health care collaborative grant program—Award
and disbursement of grants.
Short title.
Implementation—Effective dates—1988 c 107.
Hospitalization and health care for county, municipal and other political
subdivision employees: RCW 41.04.180.
Monitoring enrollee level in basic health plan and medicaid caseload of children—Funding levels adjustment: RCW 43.41.260.
Prepaid chiropractic, pilot projects: RCW 18.25.200.
Requirement to seek federal waivers and state law changes to medicaid
assistance program: RCW 43.20A.860.
41.05.006 Purpose. (1) The legislature recognizes that
(a) the state is a major purchaser of health care services, (b)
the increasing costs of such health care services are posing
and will continue to pose a great financial burden on the state,
(c) it is the state’s policy, consistent with the best interests of
the state, to provide comprehensive health care as an
employer, to state employees and officials and their dependents and to those who are dependent on the state for necessary medical care, and (d) it is imperative that the state begin
to develop effective and efficient health care delivery systems and strategies for procuring health care services in order
for the state to continue to purchase the most comprehensive
health care possible.
(2) It is therefore the purpose of this chapter to establish
the Washington state health care authority whose purpose
shall be to (a) develop health care benefit programs that provide access to at least one comprehensive benefit plan funded
to the fullest extent possible by the employer, and a health
savings account/high deductible health plan option as defined
in section 1201 of the medicare prescription drug improvement and modernization act of 2003, as amended, for eligible
state employees, officials, and their dependents, and (b) study
all state-purchased health care, alternative health care delivery systems, and strategies for the procurement of health care
services and make recommendations aimed at minimizing the
financial burden which health care poses on the state, its
employees, and its charges, while at the same time allowing
the state to provide the most comprehensive health care
options possible. [2006 c 299 § 1; 1988 c 107 § 2.]
41.05.006
41.05.008 Duties of employing agencies. (1) Every
employing agency shall carry out all actions required by the
authority under this chapter including, but not limited to,
41.05.008
[Title 41 RCW—page 26]
those necessary for the operation of benefit plans, education
of employees, claims administration, and appeals process.
(2) Employing agencies shall report all data relating to
employees eligible to participate in benefits or plans administered by the authority in a format designed and communicated by the authority. [2009 c 537 § 1; 2005 c 143 § 4.]
Effective date—2009 c 537: "This act takes effect January 1, 2010."
[2009 c 537 § 9.]
41.05.009 Determination of employee eligibility for
benefits. (1) The authority, or at the authority’s direction, an
employing agency shall initially determine and periodically
review whether an employee is eligible for benefits pursuant
to the criteria established under this chapter.
(2) An employing agency shall inform an employee in
writing whether or not he or she is eligible for benefits when
initially determined and upon any subsequent change, including notice of the employee’s right to an appeal. [2009 c 537
§ 2.]
41.05.009
Effective date—2009 c 537: See note following RCW 41.05.008.
41.05.0091 Eligibility exists prior to January 1, 2010.
An employee determined eligible for benefits prior to January 1, 2010, shall not have his or her eligibility terminated
pursuant to the criteria established under chapter 537, Laws
of 2009 unless the termination is the result of: (1) A voluntary reduction in work hours; or (2) the employee’s employment with an agency other than the agency by which he or she
was determined eligible prior to January 1, 2010. [2009 c
537 § 10.]
41.05.0091
Effective date—2009 c 537: See note following RCW 41.05.008.
41.05.011 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Administrator" means the administrator of the
authority.
(2) "State purchased health care" or "health care" means
medical and health care, pharmaceuticals, and medical equipment purchased with state and federal funds by the department of social and health services, the department of health,
the basic health plan, the state health care authority, the
department of labor and industries, the department of corrections, the department of veterans affairs, and local school districts.
(3) "Authority" means the Washington state health care
authority.
(4) "Insuring entity" means an insurer as defined in chapter 48.01 RCW, a health care service contractor as defined in
chapter 48.44 RCW, or a health maintenance organization as
defined in chapter 48.46 RCW.
(5) "Flexible benefit plan" means a benefit plan that
allows employees to choose the level of health care coverage
provided and the amount of employee contributions from
among a range of choices offered by the authority.
(6) "Employee" includes all employees of the state,
whether or not covered by civil service; elected and
appointed officials of the executive branch of government,
including full-time members of boards, commissions, or
committees; justices of the supreme court and judges of the
41.05.011
(2010 Ed.)
State Health Care Authority
court of appeals and the superior courts; members of the state
legislature. Pursuant to contractual agreement with the
authority, "employee" may also include: (a) Employees of a
county, municipality, or other political subdivision of the
state and members of the legislative authority of any county,
city, or town who are elected to office after February 20,
1970, if the legislative authority of the county, municipality,
or other political subdivision of the state seeks and receives
the approval of the authority to provide any of its insurance
programs by contract with the authority, as provided in RCW
41.04.205 and 41.05.021(1)(g); (b) employees of employee
organizations representing state civil service employees, at
the option of each such employee organization, and, effective
October 1, 1995, employees of employee organizations currently pooled with employees of school districts for the purpose of purchasing insurance benefits, at the option of each
such employee organization; (c) employees of a school district if the authority agrees to provide any of the school districts’ insurance programs by contract with the authority as
provided in RCW 28A.400.350; and (d) employees of a tribal
government, if the governing body of the tribal government
seeks and receives the approval of the authority to provide
any of its insurance programs by contract with the authority,
as provided in RCW 41.05.021(1) (f) and (g). "Employee"
does not include: Adult family homeowners; unpaid volunteers; patients of state hospitals; inmates; employees of the
Washington state convention and trade center as provided in
RCW 41.05.110; students of institutions of higher education
as determined by their institution; and any others not
expressly defined as employees under this chapter or by the
authority under this chapter.
(7) "Seasonal employee" means an employee hired to
work during a recurring, annual season with a duration of
three months or more, and anticipated to return each season
to perform similar work.
(8) "Faculty" means an academic employee of an institution of higher education whose workload is not defined by
work hours but whose appointment, workload, and duties
directly serve the institution’s academic mission, as determined under the authority of its enabling statutes, its governing body, and any applicable collective bargaining agreement.
(9) "Board" means the public employees’ benefits board
established under RCW 41.05.055.
(10) "Retired or disabled school employee" means:
(a) Persons who separated from employment with a
school district or educational service district and are receiving a retirement allowance under chapter 41.32 or 41.40
RCW as of September 30, 1993;
(b) Persons who separate from employment with a
school district or educational service district on or after October 1, 1993, and immediately upon separation receive a
retirement allowance under chapter 41.32, 41.35, or 41.40
RCW;
(c) Persons who separate from employment with a
school district or educational service district due to a total and
permanent disability, and are eligible to receive a deferred
retirement allowance under chapter 41.32, 41.35, or 41.40
RCW.
(11) "Premium payment plan" means a benefit plan
whereby state and public employees may pay their share of
(2010 Ed.)
41.05.011
group health plan premiums with pretax dollars as provided
in the salary reduction plan under this chapter pursuant to 26
U.S.C. Sec. 125 or other sections of the internal revenue
code.
(12) "Salary" means a state employee’s monthly salary
or wages.
(13) "Participant" means an individual who fulfills the
eligibility and enrollment requirements under the salary
reduction plan.
(14) "Plan year" means the time period established by
the authority.
(15) "Separated employees" means persons who separate
from employment with an employer as defined in:
(a) *RCW 41.32.010(11) on or after July 1, 1996; or
(b) RCW 41.35.010 on or after September 1, 2000; or
(c) RCW 41.40.010 on or after March 1, 2002;
and who are at least age fifty-five and have at least ten years
of service under the teachers’ retirement system plan 3 as
defined in *RCW 41.32.010(40), the Washington school
employees’ retirement system plan 3 as defined in RCW
41.35.010, or the public employees’ retirement system plan 3
as defined in RCW 41.40.010.
(16) "Emergency service personnel killed in the line of
duty" means law enforcement officers and firefighters as
defined in RCW 41.26.030, members of the Washington state
patrol retirement fund as defined in RCW 43.43.120, and
reserve officers and firefighters as defined in RCW 41.24.010
who die as a result of injuries sustained in the course of
employment as determined consistent with Title 51 RCW by
the department of labor and industries.
(17) "Employer" means the state of Washington.
(18) "Employing agency" means a division, department,
or separate agency of state government, including an institution of higher education; a county, municipality, school district, educational service district, or other political subdivision; and a tribal government covered by this chapter.
(19) "Tribal government" means an Indian tribal government as defined in section 3(32) of the employee retirement
income security act of 1974, as amended, or an agency or
instrumentality of the tribal government, that has government
offices principally located in this state.
(20) "Dependent care assistance program" means a benefit plan whereby state and public employees may pay for
certain employment related dependent care with pretax dollars as provided in the salary reduction plan under this chapter pursuant to 26 U.S.C. Sec. 129 or other sections of the
internal revenue code.
(21) "Salary reduction plan" means a benefit plan
whereby state and public employees may agree to a reduction
of salary on a pretax basis to participate in the dependent care
assistance program, medical flexible spending arrangement,
or premium payment plan offered pursuant to 26 U.S.C. Sec.
125 or other sections of the internal revenue code.
(22) "Medical flexible spending arrangement" means a
benefit plan whereby state and public employees may reduce
their salary before taxes to pay for medical expenses not
reimbursed by insurance as provided in the salary reduction
plan under this chapter pursuant to 26 U.S.C. Sec. 125 or
other sections of the internal revenue code. [2009 c 537 § 3;
2008 c 229 § 2. Prior: 2007 c 488 § 2; 2007 c 114 § 2; 2005
c 143 § 1; 2001 c 165 § 2; prior: 2000 c 247 § 604; 2000 c
[Title 41 RCW—page 27]
41.05.013
Title 41 RCW: Public Employment, Civil Service, and Pensions
230 § 3; 1998 c 341 § 706; 1996 c 39 § 21; 1995 1st sp.s. c 6
§ 2; 1994 c 153 § 2; prior: 1993 c 492 § 214; 1993 c 386 § 5;
1990 c 222 § 2; 1988 c 107 § 3.]
*Reviser’s note: RCW 41.32.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsections (11) and (40) to subsections (17) and
(33), respectively.
Effective date—2009 c 537: See note following RCW 41.05.008.
Effective date—2008 c 229: See note following RCW 41.05.295.
Short title—2007 c 488: See note following RCW 43.43.285.
Intent—2007 c 114: "Consistent with the centennial accord, the new
millennium agreement, related treaties, and federal and state law, it is the
intent of the legislature to authorize tribal governments to participate in public employees’ benefits board programs to the same extent that counties,
municipalities, and other political subdivisions of the state are authorized to
do so." [2007 c 114 § 1.]
Effective date—2007 c 114: "This act takes effect January 1, 2009."
[2007 c 114 § 8.]
Effective date—2001 c 165 § 2: "Section 2 of this act takes effect
March 1, 2002." [2001 c 165 § 5.]
Effective date—Application—2001 c 165: "This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and except for
section 2 of this act takes effect immediately [May 7, 2001]. This act applies
to all surviving spouses and dependent children of (1) emergency service
personnel and (2) members of the law enforcement officers’ and firefighters’
retirement system plan 2, killed in the line of duty." [2006 c 345 § 2; 2001 c
165 § 6.]
Reviser’s note: Contractual right not granted—2006 c 345: See note
following RCW 41.26.510.
Effective date—2000 c 230: See note following RCW 41.35.630.
Intent—1994 c 153: "It is the intent of the legislature to increase access
to health insurance for retired and disabled state and school district employees and to increase equity between state and school employees and between
state and school retirees." [1994 c 153 § 1.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Intent—1993 c 386: See note following RCW 28A.400.391.
Additional notes found at www.leg.wa.gov
41.05.013 State purchased health care programs—
Uniform policies—Report to the legislature. (1) The
authority shall coordinate state agency efforts to develop and
implement uniform policies across state purchased health
care programs that will ensure prudent, cost-effective health
services purchasing, maximize efficiencies in administration
of state purchased health care programs, improve the quality
of care provided through state purchased health care programs, and reduce administrative burdens on health care providers participating in state purchased health care programs.
The policies adopted should be based, to the extent possible,
upon the best available scientific and medical evidence and
shall endeavor to address:
(a) Methods of formal assessment, such as a health technology assessment under RCW 70.14.080 through 70.14.130.
Consideration of the best available scientific evidence does
not preclude consideration of experimental or investigational
treatment or services under a clinical investigation approved
by an institutional review board;
(b) Monitoring of health outcomes, adverse events, quality, and cost-effectiveness of health services;
(c) Development of a common definition of medical
necessity; and
(d) Exploration of common strategies for disease management and demand management programs, including
asthma, diabetes, heart disease, and similar common chronic
diseases. Strategies to be explored include individual asthma
management plans. On January 1, 2007, and January 1,
2009, the authority shall issue a status report to the legislature
summarizing any results it attains in exploring and coordinating strategies for asthma, diabetes, heart disease, and other
chronic diseases.
(2) The administrator may invite health care provider
organizations, carriers, other health care purchasers, and consumers to participate in efforts undertaken under this section.
(3) For the purposes of this section "best available scientific and medical evidence" means the best available clinical
evidence derived from systematic research. [2006 c 307 § 8;
2005 c 462 § 3; 2003 c 276 § 1.]
Captions not law—Conflict with federal requirements—2006 c 307:
See notes following RCW 70.14.080.
Findings—2005 c 462: See note following RCW 28A.210.370.
Rule making—2003 c 276: "Agencies administering state purchased
health care programs shall cooperatively adopt rules necessary to implement
this act." [2003 c 276 § 2.]
41.05.014 Applications and enrollment forms—Signatures. (1) The administrator may require applications,
enrollment forms, and eligibility certification documents for
benefits that are administered by the authority under this
chapter and chapters 70.47 and 70.47A RCW to be signed by
the person submitting them. The administrator may accept
electronic signatures.
(2) For the purpose of this section, "electronic signature"
means a signature in electronic form attached to or logically
associated with an electronic record including, but not limited
to, a digital signature. [2009 c 201 § 2.]
41.05.014
41.05.015 Medical director. The administrator shall
designate a medical director who is licensed under chapter
18.57 or 18.71 RCW. [2000 c 5 § 16.]
41.05.015
41.05.013
[Title 41 RCW—page 28]
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
41.05.017 Provisions applicable to health plans
offered under this chapter. Each health plan that provides
medical insurance offered under this chapter, including plans
created by insuring entities, plans not subject to the provisions of Title 48 RCW, and plans created under RCW
41.05.140, are subject to the provisions of RCW 48.43.500,
70.02.045, 48.43.505 through 48.43.535, 43.70.235,
48.43.545, 48.43.550, 70.02.110, 70.02.900, 48.43.190, and
48.43.083. [2008 c 304 § 2; 2007 c 502 § 2; 2000 c 5 § 20.]
41.05.017
Savings—Severability—Effective date—2007 c 502: See notes following RCW 48.43.083.
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
41.05.021 State health care authority—Administrator—Cost control and delivery strategies—Health information technology—Managed competition—Rules. (1)
The Washington state health care authority is created within
the executive branch. The authority shall have an administra41.05.021
(2010 Ed.)
State Health Care Authority
tor appointed by the governor, with the consent of the senate.
The administrator shall serve at the pleasure of the governor.
The administrator may employ up to seven staff members,
who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter. The administrator may delegate any power or duty
vested in him or her by this chapter, including authority to
make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW. The primary duties of the
authority shall be to: Administer state employees’ insurance
benefits and retired or disabled school employees’ insurance
benefits; administer the basic health plan pursuant to chapter
70.47 RCW; study state-purchased health care programs in
order to maximize cost containment in these programs while
ensuring access to quality health care; implement state initiatives, joint purchasing strategies, and techniques for efficient
administration that have potential application to all state-purchased health services; and administer grants that further the
mission and goals of the authority. The authority’s duties
include, but are not limited to, the following:
(a) To administer health care benefit programs for
employees and retired or disabled school employees as specifically authorized in RCW 41.05.065 and in accordance
with the methods described in RCW 41.05.075, 41.05.140,
and other provisions of this chapter;
(b) To analyze state-purchased health care programs and
to explore options for cost containment and delivery alternatives for those programs that are consistent with the purposes
of those programs, including, but not limited to:
(i) Creation of economic incentives for the persons for
whom the state purchases health care to appropriately utilize
and purchase health care services, including the development
of flexible benefit plans to offset increases in individual
financial responsibility;
(ii) Utilization of provider arrangements that encourage
cost containment, including but not limited to prepaid delivery systems, utilization review, and prospective payment
methods, and that ensure access to quality care, including
assuring reasonable access to local providers, especially for
employees residing in rural areas;
(iii) Coordination of state agency efforts to purchase
drugs effectively as provided in RCW 70.14.050;
(iv) Development of recommendations and methods for
purchasing medical equipment and supporting services on a
volume discount basis;
(v) Development of data systems to obtain utilization
data from state-purchased health care programs in order to
identify cost centers, utilization patterns, provider and hospital practice patterns, and procedure costs, utilizing the information obtained pursuant to RCW 41.05.031; and
(vi) In collaboration with other state agencies that
administer state purchased health care programs, private
health care purchasers, health care facilities, providers, and
carriers:
(A) Use evidence-based medicine principles to develop
common performance measures and implement financial
incentives in contracts with insuring entities, health care
facilities, and providers that:
(I) Reward improvements in health outcomes for individuals with chronic diseases, increased utilization of appro(2010 Ed.)
41.05.021
priate preventive health services, and reductions in medical
errors; and
(II) Increase, through appropriate incentives to insuring
entities, health care facilities, and providers, the adoption and
use of information technology that contributes to improved
health outcomes, better coordination of care, and decreased
medical errors;
(B) Through state health purchasing, reimbursement, or
pilot strategies, promote and increase the adoption of health
information technology systems, including electronic medical records, by hospitals as defined in RCW 70.41.020(4),
integrated delivery systems, and providers that:
(I) Facilitate diagnosis or treatment;
(II) Reduce unnecessary duplication of medical tests;
(III) Promote efficient electronic physician order entry;
(IV) Increase access to health information for consumers
and their providers; and
(V) Improve health outcomes;
(C) Coordinate a strategy for the adoption of health
information technology systems using the final health information technology report and recommendations developed
under chapter 261, Laws of 2005;
(c) To analyze areas of public and private health care
interaction;
(d) To provide information and technical and administrative assistance to the board;
(e) To review and approve or deny applications from
counties, municipalities, and other political subdivisions of
the state to provide state-sponsored insurance or self-insurance programs to their employees in accordance with the provisions of RCW 41.04.205 and (g) of this subsection, setting
the premium contribution for approved groups as outlined in
RCW 41.05.050;
(f) To review and approve or deny the application when
the governing body of a tribal government applies to transfer
their employees to an insurance or self-insurance program
administered under this chapter. In the event of an employee
transfer pursuant to this subsection (1)(f), members of the
governing body are eligible to be included in such a transfer
if the members are authorized by the tribal government to
participate in the insurance program being transferred from
and subject to payment by the members of all costs of insurance for the members. The authority shall: (i) Establish the
conditions for participation; (ii) have the sole right to reject
the application; and (iii) set the premium contribution for
approved groups as outlined in RCW 41.05.050. Approval of
the application by the authority transfers the employees and
dependents involved to the insurance, self-insurance, or
health care program approved by the authority;
(g) To ensure the continued status of the employee insurance or self-insurance programs administered under this
chapter as a governmental plan under section 3(32) of the
employee retirement income security act of 1974, as
amended, the authority shall limit the participation of
employees of a county, municipal, school district, educational service district, or other political subdivision, or a
tribal government, including providing for the participation
of those employees whose services are substantially all in the
performance of essential governmental functions, but not in
the performance of commercial activities;
[Title 41 RCW—page 29]
41.05.022
Title 41 RCW: Public Employment, Civil Service, and Pensions
(h) To establish billing procedures and collect funds
from school districts in a way that minimizes the administrative burden on districts;
(i) To publish and distribute to nonparticipating school
districts and educational service districts by October 1st of
each year a description of health care benefit plans available
through the authority and the estimated cost if school districts
and educational service district employees were enrolled;
(j) To apply for, receive, and accept grants, gifts, and
other payments, including property and service, from any
governmental or other public or private entity or person, and
make arrangements as to the use of these receipts to implement initiatives and strategies developed under this section;
(k) To issue, distribute, and administer grants that further
the mission and goals of the authority;
(l) To adopt rules consistent with this chapter as
described in RCW 41.05.160 including, but not limited to:
(i) Setting forth the criteria established by the board
under RCW 41.05.065 for determining whether an employee
is eligible for benefits;
(ii) Establishing an appeal process in accordance with
chapter 34.05 RCW by which an employee may appeal an
eligibility determination;
(iii) Establishing a process to assure that the eligibility
determinations of an employing agency comply with the criteria under this chapter, including the imposition of penalties
as may be authorized by the board.
(2) On and after January 1, 1996, the public employees’
benefits board may implement strategies to promote managed
competition among employee health benefit plans. Strategies
may include but are not limited to:
(a) Standardizing the benefit package;
(b) Soliciting competitive bids for the benefit package;
(c) Limiting the state’s contribution to a percent of the
lowest priced qualified plan within a geographical area;
(d) Monitoring the impact of the approach under this
subsection with regards to: Efficiencies in health service
delivery, cost shifts to subscribers, access to and choice of
managed care plans statewide, and quality of health services.
The health care authority shall also advise on the value of
administering a benchmark employer-managed plan to promote competition among managed care plans. [2009 c 537 §
4. Prior: 2007 c 274 § 1; 2007 c 114 § 3; 2006 c 103 § 2;
2005 c 446 § 1; 2002 c 142 § 1; 1999 c 372 § 4; 1997 c 274 §
1; 1995 1st sp.s. c 6 § 7; 1994 c 309 § 1; prior: 1993 c 492 §
215; 1993 c 386 § 6; 1990 c 222 § 3; 1988 c 107 § 4.]
Effective date—2009 c 537: See note following RCW 41.05.008.
Intent—Effective date—2007 c 114: See notes following RCW
41.05.011.
Intent—2006 c 103: "(1) The legislature recognizes that improvements
in the quality of health care lead to better health care outcomes for the residents of Washington state and contain health care costs. The improvements
are facilitated by the adoption of electronic medical records and other health
information technologies.
(2) It is the intent of the legislature to encourage all hospitals, integrated delivery systems, and providers in the state of Washington to adopt
health information technologies by the year 2012." [2006 c 103 § 1.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Intent—1993 c 386: See note following RCW 28A.400.391.
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 30]
41.05.022 State agent for purchasing health services—Single community-rated risk pool. (1) The health
care authority is hereby designated as the single state agent
for purchasing health services.
(2) On and after January 1, 1995, at least the following
state-purchased health services programs shall be merged
into a single, community-rated risk pool: Health benefits for
groups of employees of school districts and educational service districts that voluntarily purchase health benefits as provided in RCW 41.05.011; health benefits for state employees;
health benefits for eligible retired or disabled school employees not eligible for parts A and B of medicare; and health benefits for eligible state retirees not eligible for parts A and B of
medicare.
(3) At a minimum, and regardless of other legislative
enactments, the state health services purchasing agent shall:
(a) Require that a public agency that provides subsidies
for a substantial portion of services now covered under the
basic health plan use uniform eligibility processes, insofar as
may be possible, and ensure that multiple eligibility determinations are not required;
(b) Require that a health care provider or a health care
facility that receives funds from a public program provide
care to state residents receiving a state subsidy who may wish
to receive care from them, and that an insuring entity that
receives funds from a public program accept enrollment from
state residents receiving a state subsidy who may wish to
enroll with them;
(c) Strive to integrate purchasing for all publicly sponsored health services in order to maximize the cost control
potential and promote the most efficient methods of financing and coordinating services;
(d) Consult regularly with the governor, the legislature,
and state agency directors whose operations are affected by
the implementation of this section; and
(e) Ensure the control of benefit costs under managed
competition by adopting rules to prevent employers from
entering into an agreement with employees or employee
organizations when the agreement would result in increased
utilization in public employees’ benefits board plans or
reduce the expected savings of managed competition. [1995
1st sp.s. c 6 § 3; 1994 c 153 § 3; 1993 c 492 § 227.]
41.05.022
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
41.05.023 Chronic care management program—Uniform medical plan—Definitions. (1) The health care
authority, in collaboration with the department of health,
shall design and implement a chronic care management program for state employees enrolled in the state’s self-insured
uniform medical plan. Programs must be evidence based,
facilitating the use of information technology to improve
quality of care and must improve coordination of primary,
acute, and long-term care for those enrollees with multiple
chronic conditions. The authority shall consider expansion of
existing medical home and chronic care management programs. The authority shall use best practices in identifying
those employees best served under a chronic care manage41.05.023
(2010 Ed.)
State Health Care Authority
ment model using predictive modeling through claims or
other health risk information.
(2) For purposes of this section:
(a) "Medical home" means a site of care that provides
comprehensive preventive and coordinated care centered on
the patient needs and assures high-quality, accessible, and
efficient care.
(b) "Chronic care management" means the authority’s
program that provides care management and coordination
activities for health plan enrollees determined to be at risk for
high medical costs. "Chronic care management" provides
education and training and/or coordination that assist program participants in improving self-management skills to
improve health outcomes and reduce medical costs by educating clients to better utilize services. [2007 c 259 § 6.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
41.05.033
41.05.031 Agencies to establish health care information systems. The following state agencies are directed to
cooperate with the authority to establish appropriate health
care information systems in their programs: The department
of social and health services, the department of health, the
department of labor and industries, the basic health plan, the
department of veterans affairs, the department of corrections,
and the superintendent of public instruction.
The authority, in conjunction with these agencies, shall
determine:
(1) Definitions of health care services;
(2) Health care data elements common to all agencies;
(3) Health care data elements unique to each agency; and
(4) A mechanism for program and budget review of
health care data. [1990 c 222 § 4; 1988 c 107 § 5.]
41.05.031
41.05.026 Contracts—Proprietary data, trade
secrets, actuarial formulas, statistics, cost and utilization
data—Exemption from public inspection—Executive sessions. (1) When soliciting proposals for the purpose of
awarding contracts for goods or services, the administrator
shall, upon written request by the bidder, exempt from public
inspection and copying such proprietary data, trade secrets,
or other information contained in the bidder’s proposal that
relate to the bidder’s unique methods of conducting business
or of determining prices or premium rates to be charged for
services under terms of the proposal.
(2) When soliciting information for the development,
acquisition, or implementation of state purchased health care
services, the administrator shall, upon written request by the
respondent, exempt from public inspection and copying such
proprietary data, trade secrets, or other information submitted
by the respondent that relate to the respondent’s unique methods of conducting business, data unique to the product or services of the respondent, or to determining prices or rates to be
charged for services.
(3) Actuarial formulas, statistics, cost and utilization
data, or other proprietary information submitted upon request
of the administrator, board, or a technical review committee
created to facilitate the development, acquisition, or implementation of state purchased health care under this chapter by
a contracting insurer, health care service contractor, health
maintenance organization, vendor, or other health services
organization may be withheld at any time from public inspection when necessary to preserve trade secrets or prevent
unfair competition.
(4) The board, or a technical review committee created to
facilitate the development, acquisition, or implementation of
state purchased health care under this chapter, may hold an
executive session in accordance with chapter 42.30 RCW
during any regular or special meeting to discuss information
submitted in accordance with subsections (1) through (3) of
this section.
(5) A person who challenges a request for or designation
of information as exempt under this section is entitled to seek
judicial review pursuant to chapter 42.56 RCW. [2005 c 274
§ 277; 2003 c 277 § 2; 1991 c 79 § 1; 1990 c 222 § 6.]
41.05.033 Shared decision-making demonstration
project—Preference-sensitive care. (1) The legislature
finds that there is growing evidence that, for preference-sensitive care involving elective surgery, patient-practitioner
communication is improved through the use of high-quality
decision aids that detail the benefits, harms, and uncertainty
of available treatment options. Improved communication
leads to more fully informed patient decisions. The legislature intends to increase the extent to which patients make
genuinely informed, preference-based treatment decisions,
by promoting public/private collaborative efforts to broaden
the development, certification, use, and evaluation of effective decision aids and by recognition of shared decision making and patient decision aids in the state’s laws on informed
consent.
(2) The health care authority shall implement a shared
decision-making demonstration project. The demonstration
project shall be conducted at one or more multispecialty
group practice sites providing state purchased health care in
the state of Washington, and may include other practice sites
providing state purchased health care. The demonstration
project shall include the following elements:
(a) Incorporation into clinical practice of one or more
decision aids for one or more identified preference-sensitive
care areas combined with ongoing training and support of
involved practitioners and practice teams, preferably at sites
with necessary supportive health information technology;
(b) An evaluation of the impact of the use of shared decision making with decision aids, including the use of preference-sensitive health care services selected for the demonstration project and expenditures for those services, the
impact on patients, including patient understanding of the
treatment options presented and concordance between patient
values and the care received, and patient and practitioner satisfaction with the shared decision-making process; and
(c) As a condition of participating in the demonstration
project, a participating practice site must bear the cost of
selecting, purchasing, and incorporating the chosen decision
aids into clinical practice.
(3) The health care authority may solicit and accept
funding and in-kind contributions to support the demonstration and evaluation, and may scale the evaluation to fall
within resulting resource parameters. [2007 c 259 § 2.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—2007 c 259: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
41.05.026
(2010 Ed.)
41.05.033
[Title 41 RCW—page 31]
41.05.035
Title 41 RCW: Public Employment, Civil Service, and Pensions
the application of the provision to other persons or circumstances is not
affected." [2007 c 259 § 68.]
Subheadings not law—2007 c 259: "Subheadings used in this act are
not any part of the law." [2007 c 259 § 71.]
41.05.035 Exchange of health information—Pilot—
Advisory board, discretionary—Administrator’s authority. (1) The administrator shall design and pilot a consumercentric health information infrastructure and the first health
record banks that will facilitate the secure exchange of health
information when and where needed and shall:
(a) Complete the plan of initial implementation, including but not limited to determining the technical infrastructure
for health record banks and the account locator service, setting criteria and standards for health record banks, and determining oversight of health record banks;
(b) Implement the first health record banks in pilot sites
as funding allows;
(c) Involve health care consumers in meaningful ways in
the design, implementation, oversight, and dissemination of
information on the health record bank system; and
(d) Promote adoption of electronic medical records and
health information exchange through continuation of the
Washington health information collaborative, and by working with private payors and other organizations in restructuring reimbursement to provide incentives for providers to
adopt electronic medical records in their practices.
(2) The administrator may establish an advisory board, a
stakeholder committee, and subcommittees to assist in carrying out the duties under this section. The administrator may
reappoint health information infrastructure advisory board
members to assure continuity and shall appoint any additional representatives that may be required for their expertise
and experience.
(a) The administrator shall appoint the chair of the advisory board, chairs, and cochairs of the stakeholder committee, if formed;
(b) Meetings of the board, stakeholder committee, and
any advisory group are subject to chapter 42.30 RCW, the
open public meetings act, including RCW 42.30.110(1)(l),
which authorizes an executive session during a regular or
special meeting to consider proprietary or confidential nonpublished information; and
(c) The members of the board, stakeholder committee,
and any advisory group:
(i) Shall agree to the terms and conditions imposed by
the administrator regarding conflicts of interest as a condition
of appointment;
(ii) Are immune from civil liability for any official acts
performed in good faith as members of the board, stakeholder
committee, or any advisory group.
(3) Members of the board may be compensated for participation in accordance with a personal services contract to
be executed after appointment and before commencement of
activities related to the work of the board. Members of the
stakeholder committee shall not receive compensation but
shall be reimbursed under RCW 43.03.050 and 43.03.060.
(4) The administrator may work with public and private
entities to develop and encourage the use of personal health
records which are portable, interoperable, secure, and
respectful of patients’ privacy.
41.05.035
[Title 41 RCW—page 32]
(5) The administrator may enter into contracts to issue,
distribute, and administer grants that are necessary or proper
to carry out this section. [2007 c 259 § 10.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
41.05.036 Health information—Definitions. The definitions in this section apply throughout RCW 41.05.039
through 41.05.046 unless the context clearly requires otherwise.
(1) "Administrator" means the administrator of the state
health care authority under this chapter.
(2) "Exchange" means the methods or medium by which
health care information may be electronically and securely
exchanged among authorized providers, payors, and patients
within Washington state.
(3) "Health care provider" or "provider" has the same
meaning as in RCW 48.43.005.
(4) "Health data provider" means an organization that is
a primary source for health-related data for Washington residents, including but not limited to:
(a) The children’s health immunizations linkages and
development profile immunization registry provided by the
department of health pursuant to chapter 43.70 RCW;
(b) Commercial laboratories providing medical laboratory testing results;
(c) Prescription drugs clearinghouses, such as the
national patient health information network; and
(d) Diagnostic imaging centers.
(5) "Lead organization" means a private sector organization or organizations designated by the administrator to lead
development of processes, guidelines, and standards under
chapter 300, Laws of 2009.
(6) "Payor" means public purchasers, as defined in this
section, carriers licensed under chapters 48.20, 48.21, 48.44,
48.46, and 48.62 RCW, and the Washington state health
insurance pool established in chapter 48.41 RCW.
(7) "Public purchaser" means the department of social
and health services, the department of labor and industries,
and the health care authority.
(8) "Secretary" means the secretary of the department of
health. [2009 c 300 § 2.]
41.05.036
Finding—2009 c 300: "The legislature finds that:
(1) The inability to securely share critical health information between
practitioners inhibits the delivery of safe, efficient care, as evidenced by:
(a) Adverse drug events that result in an average of seven hundred seventy thousand injuries and deaths each year; and
(b) Duplicative services that add to costs and jeopardize patient wellbeing;
(2) Consumers are unable to act as fully informed participants in their
care unless they have ready access to their own health information;
(3) The blue ribbon commission on health care costs and access found
that the development of a system to provide electronic access to patient
information anywhere in the state was a key to improving health care; and
(4) In 2005, the legislature established a health information infrastructure advisory board to develop a strategy for the adoption and use of health
information technologies that are consistent with emerging national standards and promote interoperability of health information systems." [2009 c
300 § 1.]
41.05.037 Nurse hotline, when funded. To the extent
that sufficient funding is provided specifically for this purpose, the administrator, in collaboration with the department
of social and health services, shall provide all persons
41.05.037
(2010 Ed.)
State Health Care Authority
enrolled in health plans under this chapter and chapter 70.47
RCW with access to a twenty-four hour, seven day a week
nurse hotline. [2007 c 259 § 15.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
41.05.039 Health information—Secure access—Lead
organization—Administrator’s duties. (1) By August 1,
2009, the administrator shall designate one or more lead
organizations to coordinate development of processes, guidelines, and standards to:
(a) Improve patient access to and control of their own
health care information and thereby enable their active participation in their own care; and
(b) Implement methods for the secure exchange of clinical data as a means to promote:
(i) Continuity of care;
(ii) Quality of care;
(iii) Patient safety; and
(iv) Efficiency in medical practices.
(2) The lead organization designated by the administrator under this section shall:
(a) Be representative of health care privacy advocates,
providers, and payors across the state;
(b) Have expertise and knowledge in the major disciplines related to the secure exchange of health data;
(c) Be able to support the costs of its work without
recourse to state funding. The administrator and the lead
organization are authorized and encouraged to seek federal
funds, including funds from the federal American recovery
and reinvestment act, as well as solicit, receive, contract for,
collect, and hold grants, donations, and gifts to support the
implementation of this section and RCW 41.05.042;
(d) In collaboration with the administrator, identify and
convene work groups, as needed, to accomplish the goals of
this section and RCW 41.05.042;
(e) Conduct outreach and communication efforts to maximize the adoption of the guidelines, standards, and processes
developed by the lead organization;
(f) Submit regular updates to the administrator on the
progress implementing the requirements of this section and
RCW 41.05.042; and
(g) With the administrator, report to the legislature
December 1, 2009, and on December 1st of each year through
December 1, 2012, on progress made, the time necessary for
completing tasks, and identification of future tasks that
should be prioritized for the next improvement cycle.
(3) Within available funds as specified in subsection
(2)(c) of this section, the administrator shall:
(a) Participate in and review the work and progress of the
lead organization, including the establishment and operation
of work groups for this section and RCW 41.05.042; and
(b) Consult with the office of the attorney general to
determine whether:
(i) An antitrust safe harbor is necessary to enable
licensed carriers and providers to develop common rules and
standards; and, if necessary, take steps, such as implementing
rules or requesting legislation, to establish a safe harbor; and
(ii) Legislation is needed to limit provider liability if
their health records are missing health information despite
their participation in the exchange of health information.
41.05.039
(2010 Ed.)
41.05.050
(4) The lead organization or organizations shall take
steps to minimize the costs that implementation of the processes, guidelines, and standards may have on participating
entities, including providers. [2009 c 300 § 3.]
Findings—2009 c 300: See note following RCW 41.05.036.
41.05.042 Health information—Processes, guidelines, and standards. By December 1, 2011, the lead organization shall, consistent with the federal health insurance
portability and accountability act, develop processes, guidelines, and standards that address:
(1) Identification and prioritization of high value health
data from health data providers. High value health data
include:
(a) Prescriptions;
(b) Immunization records;
(c) Laboratory results;
(d) Allergies; and
(e) Diagnostic imaging;
(2) Processes to request, submit, and receive data;
(3) Data security, including:
(a) Storage, access, encryption, and password protection;
(b) Secure methods for accepting and responding to
requests for data;
(c) Handling unauthorized access to or disclosure of
individually identifiable patient health information, including
penalties for unauthorized disclosure; and
(d) Authentication of individuals, including patients and
providers, when requesting access to health information, and
maintenance of a permanent audit trail of such requests,
including:
(i) Identification of the party making the request;
(ii) The data elements reported; and
(iii) Transaction dates;
(4) Materials written in plain language that explain the
exchange of health information and how patients can effectively manage such information, including the use of online
tools for that purpose;
(5) Materials for health care providers that explain the
exchange of health information and the secure management
of such information. [2009 c 300 § 4.]
41.05.042
Findings—2009 c 300: See note following RCW 41.05.036.
41.05.046 Health information—Conflict with federal
requirements. If any provision in RCW 41.05.036,
41.05.039, and 41.05.042 conflicts with existing or new federal requirements, the administrator shall recommend modifications, as needed, to assure compliance with the aims of
RCW 41.05.036, 41.05.039, and 41.05.042 and federal
requirements. [2009 c 300 § 5.]
41.05.046
Findings—2009 c 300: See note following RCW 41.05.036.
41.05.050 Contributions for employees and dependents—Definitions. (1) Every: (a) Department, division, or
separate agency of state government; (b) county, municipal,
school district, educational service district, or other political
subdivisions; and (c) tribal governments as are covered by
this chapter, shall provide contributions to insurance and
health care plans for its employees and their dependents, the
content of such plans to be determined by the authority. Con41.05.050
[Title 41 RCW—page 33]
41.05.055
Title 41 RCW: Public Employment, Civil Service, and Pensions
tributions, paid by the county, the municipality, other political subdivision, or a tribal government for their employees,
shall include an amount determined by the authority to pay
such administrative expenses of the authority as are necessary to administer the plans for employees of those groups,
except as provided in subsection (4) of this section.
(2) If the authority at any time determines that the participation of a county, municipal, other political subdivision, or
a tribal government covered under this chapter adversely
impacts insurance rates for state employees, the authority
shall implement limitations on the participation of additional
county, municipal, other political subdivisions, or a tribal
government.
(3) The contributions of any: (a) Department, division,
or separate agency of the state government; (b) county,
municipal, or other political subdivisions; and (c) any tribal
government as are covered by this chapter, shall be set by the
authority, subject to the approval of the governor for availability of funds as specifically appropriated by the legislature
for that purpose. Insurance and health care contributions for
ferry employees shall be governed by RCW 47.64.270.
(4)(a) The authority shall collect from each participating
school district and educational service district an amount
equal to the composite rate charged to state agencies, plus an
amount equal to the employee premiums by plan and family
size as would be charged to state employees, for groups of
district employees enrolled in authority plans. The authority
may collect these amounts in accordance with the district fiscal year, as described in RCW 28A.505.030.
(b) For all groups of district employees enrolling in
authority plans for the first time after September 1, 2003, the
authority shall collect from each participating school district
an amount equal to the composite rate charged to state agencies, plus an amount equal to the employee premiums by plan
and by family size as would be charged to state employees,
only if the authority determines that this method of billing the
districts will not result in a material difference between revenues from districts and expenditures made by the authority on
behalf of districts and their employees. The authority may
collect these amounts in accordance with the district fiscal
year, as described in RCW 28A.505.030.
(c) If the authority determines at any time that the conditions in (b) of this subsection cannot be met, the authority
shall offer enrollment to additional groups of district employees on a tiered rate structure until such time as the authority
determines there would be no material difference between
revenues and expenditures under a composite rate structure
for all district employees enrolled in authority plans.
(d) The authority may charge districts a one-time set-up
fee for employee groups enrolling in authority plans for the
first time.
(e) For the purposes of this subsection:
(i) "District" means school district and educational service district; and
(ii) "Tiered rates" means the amounts the authority must
pay to insuring entities by plan and by family size.
(f) Notwithstanding this subsection and RCW
41.05.065(4), the authority may allow districts enrolled on a
tiered rate structure prior to September 1, 2002, to continue
participation based on the same rate structure and under the
same conditions and eligibility criteria.
[Title 41 RCW—page 34]
(5) The authority shall transmit a recommendation for
the amount of the employer contribution to the governor and
the director of financial management for inclusion in the proposed budgets submitted to the legislature. [2009 c 537 § 5;
2007 c 114 § 4; 2005 c 518 § 919; 2003 c 158 § 1. Prior:
2002 c 319 § 4; 2002 c 142 § 2; prior: 1995 1st sp.s. c 6 § 22;
1994 c 309 § 2; 1994 c 153 § 4; prior: 1993 c 492 § 216; 1993
c 386 § 7; 1988 c 107 § 18; 1987 c 122 § 4; 1984 c 107 § 1;
1983 c 15 § 20; 1983 c 2 § 9; prior: 1982 1st ex.s. c 34 § 2;
1981 c 344 § 6; 1979 c 151 § 55; 1977 ex.s. c 136 § 4; 1975’76 2nd ex.s. c 106 § 4; 1975 1st ex.s. c 38 § 2; 1973 1st ex.s.
c 147 § 3; 1970 ex.s. c 39 § 5.]
Effective date—2009 c 537: See note following RCW 41.05.008.
Intent—Effective date—2007 c 114: See notes following RCW
41.05.011.
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Intent—2002 c 319: See note following RCW 41.04.208.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Intent—1993 c 386: See note following RCW 28A.400.391.
Additional notes found at www.leg.wa.gov
41.05.055 Public employees’ benefits board—Members. (1) The public employees’ benefits board is created
within the authority. The function of the board is to design
and approve insurance benefit plans for employees and to
establish eligibility criteria for participation in insurance benefit plans.
(2) The board shall be composed of nine members
appointed by the governor as follows:
(a) Two representatives of state employees, one of whom
shall represent an employee union certified as exclusive representative of at least one bargaining unit of classified
employees, and one of whom is retired, is covered by a program under the jurisdiction of the board, and represents an
organized group of retired public employees;
(b) Two representatives of school district employees,
one of whom shall represent an association of school employees and one of whom is retired, and represents an organized
group of retired school employees;
(c) Four members with experience in health benefit management and cost containment; and
(d) The administrator.
(3) The member who represents an association of school
employees and one member appointed pursuant to subsection
(2)(c) of this section shall be nonvoting members until such
time that there are no less than twelve thousand school district employee subscribers enrolled with the authority for
health care coverage.
(4) The governor shall appoint the initial members of the
board to staggered terms not to exceed four years. Members
appointed thereafter shall serve two-year terms. Members of
the board shall be compensated in accordance with RCW
43.03.250 and shall be reimbursed for their travel expenses
while on official business in accordance with RCW
43.03.050 and 43.03.060. The board shall prescribe rules for
the conduct of its business. The administrator shall serve as
chair of the board. Meetings of the board shall be at the call
41.05.055
(2010 Ed.)
State Health Care Authority
of the chair. [2009 c 537 § 6; 1995 1st sp.s. c 6 § 4; 1994 c 36
§ 1; 1993 c 492 § 217; 1989 c 324 § 1; 1988 c 107 § 7.]
Effective date—2009 c 537: See note following RCW 41.05.008.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
41.05.065 Public employees’ benefits board—
Duties—Eligibility—Definitions—Penalties. (1) The
board shall study all matters connected with the provision of
health care coverage, life insurance, liability insurance, accidental death and dismemberment insurance, and disability
income insurance or any of, or a combination of, the enumerated types of insurance for employees and their dependents
on the best basis possible with relation both to the welfare of
the employees and to the state. However, liability insurance
shall not be made available to dependents.
(2) The board shall develop employee benefit plans that
include comprehensive health care benefits for employees.
In developing these plans, the board shall consider the following elements:
(a) Methods of maximizing cost containment while
ensuring access to quality health care;
(b) Development of provider arrangements that encourage cost containment and ensure access to quality care,
including but not limited to prepaid delivery systems and prospective payment methods;
(c) Wellness incentives that focus on proven strategies,
such as smoking cessation, injury and accident prevention,
reduction of alcohol misuse, appropriate weight reduction,
exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education;
(d) Utilization review procedures including, but not limited to a cost-efficient method for prior authorization of services, hospital inpatient length of stay review, requirements
for use of outpatient surgeries and second opinions for surgeries, review of invoices or claims submitted by service providers, and performance audit of providers;
(e) Effective coordination of benefits; and
(f) Minimum standards for insuring entities.
(3) To maintain the comprehensive nature of employee
health care benefits, benefits provided to employees shall be
substantially equivalent to the state employees’ health benefits plan in effect on January 1, 1993. Nothing in this subsection shall prohibit changes or increases in employee point-ofservice payments or employee premium payments for benefits or the administration of a high deductible health plan in
conjunction with a health savings account. The board may
establish employee eligibility criteria which are not substantially equivalent to employee eligibility criteria in effect on
January 1, 1993.
(4) Except if bargained for under chapter 41.80 RCW,
the board shall design benefits and determine the terms and
conditions of employee and retired employee participation
and coverage, including establishment of eligibility criteria
subject to the requirements of this chapter. Employer groups
obtaining benefits through contractual agreement with the
authority for employees defined in RCW 41.05.011(6) (a)
through (d) may contractually agree with the authority to
benefits eligibility criteria which differs from that determined
41.05.065
(2010 Ed.)
41.05.065
by the board. The eligibility criteria established by the board
shall be no more restrictive than the following:
(a) Except as provided in (b) through (e) of this subsection, an employee is eligible for benefits from the date of
employment if the employing agency anticipates he or she
will work an average of at least eighty hours per month and
for at least eight hours in each month for more than six consecutive months. An employee determined ineligible for
benefits at the beginning of his or her employment shall
become eligible in the following circumstances:
(i) An employee who works an average of at least eighty
hours per month and for at least eight hours in each month
and whose anticipated duration of employment is revised
from less than or equal to six consecutive months to more
than six consecutive months becomes eligible when the revision is made.
(ii) An employee who works an average of at least eighty
hours per month over a period of six consecutive months and
for at least eight hours in each of those six consecutive
months becomes eligible at the first of the month following
the six-month averaging period.
(b) A seasonal employee is eligible for benefits from the
date of employment if the employing agency anticipates that
he or she will work an average of at least eighty hours per
month and for at least eight hours in each month of the season. A seasonal employee determined ineligible at the beginning of his or her employment who works an average of at
least half-time, as defined by the board, per month over a
period of six consecutive months and at least eight hours in
each of those six consecutive months becomes eligible at the
first of the month following the six-month averaging period.
A benefits-eligible seasonal employee who works a season of
less than nine months shall not be eligible for the employer
contribution during the off season, but may continue enrollment in benefits during the off season by self-paying for the
benefits. A benefits-eligible seasonal employee who works a
season of nine months or more is eligible for the employer
contribution through the off season following each season
worked.
(c) Faculty are eligible as follows:
(i) Faculty who the employing agency anticipates will
work half–time or more for the entire instructional year or
equivalent nine-month period are eligible for benefits from
the date of employment. Eligibility shall continue until the
beginning of the first full month of the next instructional
year, unless the employment relationship is terminated, in
which case eligibility shall cease the first month following
the notice of termination or the effective date of the termination, whichever is later.
(ii) Faculty who the employing agency anticipates will
not work for the entire instructional year or equivalent ninemonth period are eligible for benefits at the beginning of the
second consecutive quarter or semester of employment in
which he or she is anticipated to work, or has actually
worked, half-time or more. Such an employee shall continue
to receive uninterrupted employer contributions for benefits
if the employee works at least half-time in a quarter or semester. Faculty who the employing agency anticipates will not
work for the entire instructional year or equivalent ninemonth period, but who actually work half-time or more
throughout the entire instructional year, are eligible for sum[Title 41 RCW—page 35]
41.05.065
Title 41 RCW: Public Employment, Civil Service, and Pensions
mer or off-quarter coverage. Faculty who have met the criteria of this subsection (4)(c)(ii), who work at least two quarters of the academic year with an average academic year
workload of half-time or more for three quarters of the academic year, and who have worked an average of half-time or
more in each of the two preceding academic years shall continue to receive uninterrupted employer contributions for
benefits if he or she works at least half-time in a quarter or
semester or works two quarters of the academic year with an
average academic workload each academic year of half-time
or more for three quarters. Eligibility under this section
ceases immediately if this criteria is not met.
(iii) Faculty may establish or maintain eligibility for benefits by working for more than one institution of higher education. When faculty work for more than one institution of
higher education, those institutions shall prorate the
employer contribution costs, or if eligibility is reached
through one institution, that institution will pay the full
employer contribution. Faculty working for more than one
institution must alert his or her employers to his or her potential eligibility in order to establish eligibility.
(iv) The employing agency must provide written notice
to faculty who are potentially eligible for benefits under this
subsection (4)(c) of their potential eligibility.
(v) To be eligible for maintenance of benefits through
averaging under (c)(ii) of this subsection, faculty must provide written notification to his or her employing agency or
agencies of his or her potential eligibility.
(d) A legislator is eligible for benefits on the date his or
her term begins. All other elected and full-time appointed
officials of the legislative and executive branches of state
government are eligible for benefits on the date his or her
term begins or they take the oath of office, whichever occurs
first.
(e) A justice of the supreme court and judges of the court
of appeals and the superior courts become eligible for benefits on the date he or she takes the oath of office.
(f) Except as provided in (c)(i) and (ii) of this subsection,
eligibility ceases for any employee the first of the month following termination of the employment relationship.
(g) In determining eligibility under this section, the
employing agency may disregard training hours, standby
hours, or temporary changes in work hours as determined by
the authority under this section.
(h) Insurance coverage for all eligible employees begins
on the first day of the month following the date when eligibility for benefits is established. If the date eligibility is established is the first working day of a month, insurance coverage
begins on that date.
(i) Eligibility for an employee whose work circumstances are described by more than one of the eligibility categories in (a) through (e) of this subsection shall be determined solely by the criteria of the category that most closely
describes the employee’s work circumstances.
(j) Except for an employee eligible for benefits under (b)
or (c)(ii) of this subsection, an employee who has established
eligibility for benefits under this section shall remain eligible
for benefits each month in which he or she is in pay status for
eight or more hours, if (i) he or she remains in a benefits-eligible position and (ii) leave from the benefits-eligible position is approved by the employing agency. A benefits-eligi[Title 41 RCW—page 36]
ble seasonal employee is eligible for the employer contribution in any month of his or her season in which he or she is in
pay status eight or more hours during that month. Eligibility
ends if these conditions are not met, the employment relationship is terminated, or the employee voluntarily transfers to a
noneligible position.
(k) For the purposes of this subsection:
(i) "Academic year" means summer, fall, winter, and
spring quarters or semesters;
(ii) "Half-time" means one-half of the full-time academic
workload as determined by each institution, except that halftime for community and technical college faculty employees
shall have the same meaning as "part-time" under RCW
28B.50.489;
(iii) "Benefits-eligible position" shall be defined by the
board.
(5) The board may authorize premium contributions for
an employee and the employee’s dependents in a manner that
encourages the use of cost-efficient managed health care systems.
(6) The board shall develop a health savings account
option for employees that conform to section 223, Part VII of
subchapter B of chapter 1 of the internal revenue code of
1986. The board shall comply with all applicable federal
standards related to the establishment of health savings
accounts.
(7) Notwithstanding any other provision of this chapter,
the board shall develop a high deductible health plan to be
offered in conjunction with a health savings account developed under subsection (6) of this section.
(8) Employees shall choose participation in one of the
health care benefit plans developed by the board and may be
permitted to waive coverage under terms and conditions
established by the board.
(9) The board shall review plans proposed by insuring
entities that desire to offer property insurance and/or accident
and casualty insurance to state employees through payroll
deduction. The board may approve any such plan for payroll
deduction by insuring entities holding a valid certificate of
authority in the state of Washington and which the board
determines to be in the best interests of employees and the
state. The board shall adopt rules setting forth criteria by
which it shall evaluate the plans.
(10) Before January 1, 1998, the public employees’ benefits board shall make available one or more fully insured
long-term care insurance plans that comply with the requirements of chapter 48.84 RCW. Such programs shall be made
available to eligible employees, retired employees, and
retired school employees as well as eligible dependents
which, for the purpose of this section, includes the parents of
the employee or retiree and the parents of the spouse of the
employee or retiree. Employees of local governments, political subdivisions, and tribal governments not otherwise
enrolled in the public employees’ benefits board sponsored
medical programs may enroll under terms and conditions
established by the administrator, if it does not jeopardize the
financial viability of the public employees’ benefits board’s
long-term care offering.
(a) Participation of eligible employees or retired employees and retired school employees in any long-term care insurance plan made available by the public employees’ benefits
(2010 Ed.)
State Health Care Authority
board is voluntary and shall not be subject to binding arbitration under chapter 41.56 RCW. Participation is subject to
reasonable underwriting guidelines and eligibility rules
established by the public employees’ benefits board and the
health care authority.
(b) The employee, retired employee, and retired school
employee are solely responsible for the payment of the premium rates developed by the health care authority. The
health care authority is authorized to charge a reasonable
administrative fee in addition to the premium charged by the
long-term care insurer, which shall include the health care
authority’s cost of administration, marketing, and consumer
education materials prepared by the health care authority and
the office of the insurance commissioner.
(c) To the extent administratively possible, the state shall
establish an automatic payroll or pension deduction system
for the payment of the long-term care insurance premiums.
(d) The public employees’ benefits board and the health
care authority shall establish a technical advisory committee
to provide advice in the development of the benefit design
and establishment of underwriting guidelines and eligibility
rules. The committee shall also advise the board and authority on effective and cost-effective ways to market and distribute the long-term care product. The technical advisory committee shall be comprised, at a minimum, of representatives
of the office of the insurance commissioner, providers of
long-term care services, licensed insurance agents with
expertise in long-term care insurance, employees, retired
employees, retired school employees, and other interested
parties determined to be appropriate by the board.
(e) The health care authority shall offer employees,
retired employees, and retired school employees the option of
purchasing long-term care insurance through licensed agents
or brokers appointed by the long-term care insurer. The
authority, in consultation with the public employees’ benefits
board, shall establish marketing procedures and may consider
all premium components as a part of the contract negotiations
with the long-term care insurer.
(f) In developing the long-term care insurance benefit
designs, the public employees’ benefits board shall include
an alternative plan of care benefit, including adult day services, as approved by the office of the insurance commissioner.
(g) The health care authority, with the cooperation of the
office of the insurance commissioner, shall develop a consumer education program for the eligible employees, retired
employees, and retired school employees designed to provide
education on the potential need for long-term care, methods
of financing long-term care, and the availability of long-term
care insurance products including the products offered by the
board.
(11) The board may establish penalties to be imposed by
the authority when the eligibility determinations of an
employing agency fail to comply with the criteria under this
chapter. [2009 c 537 § 7. Prior: 2007 c 156 § 10; 2007 c 114
§ 5; 2006 c 299 § 2; prior: 2005 c 518 § 920; 2005 c 195 § 1;
2003 c 158 § 2; 2002 c 142 § 3; 1996 c 140 § 1; 1995 1st sp.s.
c 6 § 5; 1994 c 153 § 5; prior: 1993 c 492 § 218; 1993 c 386
§ 9; 1988 c 107 § 8.]
Effective date—2009 c 537: See note following RCW 41.05.008.
(2010 Ed.)
41.05.075
Intent—Effective date—2007 c 114: See notes following RCW
41.05.011.
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Effective date—2005 c 195: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005."
[2005 c 195 § 4.]
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Intent—1993 c 386: See note following RCW 28A.400.391.
Additional notes found at www.leg.wa.gov
41.05.066 Same sex domestic partner benefits. A certificate of domestic partnership issued to a couple of the same
sex under the provisions of RCW 26.60.030 shall be recognized as evidence of a qualified same sex domestic partnership fulfilling all necessary eligibility criteria for the partner
of the employee to receive benefits. Nothing in this section
affects the requirements of same sex domestic partners to
complete documentation related to federal tax status that may
currently be required by the board for employees choosing to
make premium payments on a pretax basis. [2007 c 156 § 9.]
41.05.066
41.05.068 Federal employer incentive program—
Authority to participate. The authority may participate as
an employer-sponsored program established in section
1860D-22 of the medicare prescription drug, improvement,
and modernization act of 2003, P.L. 108-173 et seq., to
receive federal employer subsidy funds for continuing to provide retired employee health coverage, including a pharmacy
benefit. The administrator, in consultation with the office of
financial management, shall evaluate participation in the
employer incentive program, including but not limited to any
necessary program changes to meet the eligibility requirements that employer-sponsored retiree health coverage provide prescription drug coverage at least equal to the actuarial
value of standard prescription drug coverage under medicare
part D. Any employer subsidy moneys received from participation in the federal employer incentive program shall be
deposited in the state general fund. [2009 c 479 § 25; 2005 c
195 § 2.]
41.05.068
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective date—2005 c 195: See note following RCW 41.05.065.
41.05.075 Employee benefit plans—Contracts with
insuring entities—Performance measures—Financial
incentives—Health information technology. (1) The
administrator shall provide benefit plans designed by the
board through a contract or contracts with insuring entities,
through self-funding, self-insurance, or other methods of providing insurance coverage authorized by RCW 41.05.140.
(2) The administrator shall establish a contract bidding
process that:
(a) Encourages competition among insuring entities;
(b) Maintains an equitable relationship between premiums charged for similar benefits and between risk pools
including premiums charged for retired state and school district employees under the separate risk pools established by
RCW 41.05.022 and 41.05.080 such that insuring entities
41.05.075
[Title 41 RCW—page 37]
41.05.080
Title 41 RCW: Public Employment, Civil Service, and Pensions
may not avoid risk when establishing the premium rates for
retirees eligible for medicare;
(c) Is timely to the state budgetary process; and
(d) Sets conditions for awarding contracts to any insuring entity.
(3) The administrator shall establish a requirement for
review of utilization and financial data from participating
insuring entities on a quarterly basis.
(4) The administrator shall centralize the enrollment files
for all employee and retired or disabled school employee
health plans offered under chapter 41.05 RCW and develop
enrollment demographics on a plan-specific basis.
(5) All claims data shall be the property of the state. The
administrator may require of any insuring entity that submits
a bid to contract for coverage all information deemed necessary including:
(a) Subscriber or member demographic and claims data
necessary for risk assessment and adjustment calculations in
order to fulfill the administrator’s duties as set forth in this
chapter; and
(b) Subscriber or member demographic and claims data
necessary to implement performance measures or financial
incentives related to performance under subsection (7) of this
section.
(6) All contracts with insuring entities for the provision
of health care benefits shall provide that the beneficiaries of
such benefit plans may use on an equal participation basis the
services of practitioners licensed pursuant to chapters 18.22,
18.25, 18.32, 18.53, 18.57, 18.71, 18.74, 18.83, and 18.79
RCW, as it applies to registered nurses and advanced registered nurse practitioners. However, nothing in this subsection may preclude the administrator from establishing appropriate utilization controls approved pursuant to RCW
41.05.065(2) (a), (b), and (d).
(7) The administrator shall, in collaboration with other
state agencies that administer state purchased health care programs, private health care purchasers, health care facilities,
providers, and carriers:
(a) Use evidence-based medicine principles to develop
common performance measures and implement financial
incentives in contracts with insuring entities, health care
facilities, and providers that:
(i) Reward improvements in health outcomes for individuals with chronic diseases, increased utilization of appropriate preventive health services, and reductions in medical
errors; and
(ii) Increase, through appropriate incentives to insuring
entities, health care facilities, and providers, the adoption and
use of information technology that contributes to improved
health outcomes, better coordination of care, and decreased
medical errors;
(b) Through state health purchasing, reimbursement, or
pilot strategies, promote and increase the adoption of health
information technology systems, including electronic medical records, by hospitals as defined in RCW 70.41.020(4),
integrated delivery systems, and providers that:
(i) Facilitate diagnosis or treatment;
(ii) Reduce unnecessary duplication of medical tests;
(iii) Promote efficient electronic physician order entry;
(iv) Increase access to health information for consumers
and their providers; and
[Title 41 RCW—page 38]
(v) Improve health outcomes;
(c) Coordinate a strategy for the adoption of health information technology systems using the final health information
technology report and recommendations developed under
chapter 261, Laws of 2005.
(8) The administrator may permit the Washington state
health insurance pool to contract to utilize any network maintained by the authority or any network under contract with the
authority. [2007 c 259 § 34; 2006 c 103 § 3; 2005 c 446 § 2;
2002 c 142 § 4. Prior: 1994 sp.s. c 9 § 724; 1994 c 309 § 3;
1994 c 153 § 6; 1993 c 386 § 10; 1988 c 107 § 9.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Intent—2006 c 103: See note following RCW 41.05.021.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Intent—1993 c 386: See note following RCW 28A.400.391.
Additional notes found at www.leg.wa.gov
41.05.080
41.05.080 Participation in insurance plans and contracts—
Retired, disabled, or separated employees—Certain surviving spouses
or surviving domestic partners and dependent children (as amended by
2009 c 522). (1) Under the qualifications, terms, conditions, and benefits set
by the board:
(a) Retired or disabled state employees, retired or disabled school
employees, retired or disabled employees of county, municipal, or other
political subdivisions, or retired or disabled employees of tribal governments
covered by this chapter may continue their participation in insurance plans
and contracts after retirement or disablement;
(b) Separated employees may continue their participation in insurance
plans and contracts if participation is selected immediately upon separation
from employment;
(c) Surviving spouses, surviving spouses or surviving domestic partners in the case of members of the Washington state patrol retirement system, and dependent children of emergency service personnel killed in the
line of duty may participate in insurance plans and contracts.
(2) Rates charged surviving spouses, or surviving spouses or surviving
domestic partners in the case of members of the Washington state patrol
retirement system, of emergency service personnel killed in the line of duty,
retired or disabled employees, separated employees, spouses, or dependent
children who are not eligible for parts A and B of medicare shall be based on
the experience of the community rated risk pool established under RCW
41.05.022.
(3) Rates charged to surviving spouses, or surviving spouses or surviving domestic partners in the case of members of the Washington state patrol
retirement system, of emergency service personnel killed in the line of duty,
retired or disabled employees, separated employees, spouses, or children
who are eligible for parts A and B of medicare shall be calculated from a separate experience risk pool comprised only of individuals eligible for parts A
and B of medicare; however, the premiums charged to medicare-eligible
retirees and disabled employees shall be reduced by the amount of the subsidy provided under RCW 41.05.085.
(4) Surviving spouses, surviving spouses or surviving domestic partners in the case of members of the Washington state patrol retirement system, and dependent children of emergency service personnel killed in the
line of duty and retired or disabled and separated employees shall be responsible for payment of premium rates developed by the authority which shall
include the cost to the authority of providing insurance coverage including
any amounts necessary for reserves and administration in accordance with
this chapter. These self pay rates will be established based on a separate rate
for the employee, the spouse, the spouse or domestic partner in the case of
members of the Washington state patrol retirement system, and the children.
(5) The term "retired state employees" for the purpose of this section
shall include but not be limited to members of the legislature whether voluntarily or involuntarily leaving state office. [2009 c 522 § 9; 2007 c 114 § 6;
2001 c 165 § 3; 1996 c 39 § 22; 1994 c 153 § 7; 1993 c 386 § 11; 1977 ex.s.
c 136 § 6; 1975-’76 2nd ex.s. c 106 § 6; 1973 1st ex.s. c 147 § 7; 1970 ex.s.
c 39 § 8.]
(2010 Ed.)
State Health Care Authority
41.05.080
41.05.080 Participation in insurance plans and contracts—
Retired, disabled, or separated employees—Certain surviving spouses,
domestic partners, and dependent children (as amended by 2009 c 523).
(1) Under the qualifications, terms, conditions, and benefits set by the board:
(a) Retired or disabled state employees, retired or disabled school
employees, retired or disabled employees of county, municipal, or other
political subdivisions, or retired or disabled employees of tribal governments
covered by this chapter may continue their participation in insurance plans
and contracts after retirement or disablement;
(b) Separated employees may continue their participation in insurance
plans and contracts if participation is selected immediately upon separation
from employment;
(c) Surviving spouses, domestic partners, and dependent children of
emergency service personnel killed in the line of duty may participate in
insurance plans and contracts.
(2) Rates charged surviving spouses and domestic partners of emergency service personnel killed in the line of duty, retired or disabled employees, separated employees, spouses, or dependent children who are not eligible for parts A and B of medicare shall be based on the experience of the
community rated risk pool established under RCW 41.05.022.
(3) Rates charged to surviving spouses and domestic partners of emergency service personnel killed in the line of duty, retired or disabled employees, separated employees, spouses, or children who are eligible for parts A
and B of medicare shall be calculated from a separate experience risk pool
comprised only of individuals eligible for parts A and B of medicare; however, the premiums charged to medicare-eligible retirees and disabled
employees shall be reduced by the amount of the subsidy provided under
RCW 41.05.085.
(4) Surviving spouses, domestic partners, and dependent children of
emergency service personnel killed in the line of duty and retired or disabled
and separated employees shall be responsible for payment of premium rates
developed by the authority which shall include the cost to the authority of
providing insurance coverage including any amounts necessary for reserves
and administration in accordance with this chapter. These self pay rates will
be established based on a separate rate for the employee, the spouse, and the
children.
(5) The term "retired state employees" for the purpose of this section
shall include but not be limited to members of the legislature whether voluntarily or involuntarily leaving state office. [2009 c 523 § 1; 2007 c 114 § 6;
2001 c 165 § 3; 1996 c 39 § 22; 1994 c 153 § 7; 1993 c 386 § 11; 1977 ex.s.
c 136 § 6; 1975-’76 2nd ex.s. c 106 § 6; 1973 1st ex.s. c 147 § 7; 1970 ex.s.
c 39 § 8.]
Reviser’s note: RCW 41.05.080 was amended twice during the 2009
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Intent—Effective date—2007 c 114: See notes following RCW
41.05.011.
Effective date—Application—2001 c 165: See note following RCW
41.05.011.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Intent—1993 c 386: See note following RCW 28A.400.391.
Additional notes found at www.leg.wa.gov
41.05.085 Retired or disabled school employee health
insurance subsidy. (1) Beginning with the appropriations
act for the 2005-2007 biennium, the legislature shall establish
as part of both the state employees’ and the school and educational service district employees’ insurance benefit allocation the portion of the allocation to be used to provide a prescription drug subsidy to reduce the health care insurance
premiums charged to retired or disabled school district and
educational service district employees, or retired state
employees, who are eligible for parts A and B of medicare.
The legislature may also establish a separate health care subsidy to reduce insurance premiums charged to individuals
who select a medicare supplemental insurance policy option
established in RCW 41.05.195.
41.05.085
(2010 Ed.)
41.05.095
(2) The amount of any premium reduction shall be established by the board. The amount established shall not result
in a premium reduction of more than fifty percent, except as
provided in subsection (3) of this section. The board may
also determine the amount of any subsidy to be available to
spouses and dependents.
(3) The amount of the premium reduction in subsection
(2) of this section may exceed fifty percent, if the administrator, in consultation with the office of financial management,
determines that it is necessary in order to meet eligibility
requirements to participate in the federal employer incentive
program as provided in RCW 41.05.068. [2005 c 195 § 3;
1994 c 153 § 8.]
Effective date—2005 c 195: See note following RCW 41.05.065.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
41.05.090 Continuation of coverage of employee,
spouse, or covered dependent ineligible under state
plan—Exceptions. (1) When an employee, spouse, or covered dependent becomes ineligible under the state plan and
wishes to continue coverage on an individual basis with the
same provider under the state plan, such employee, spouse, or
covered dependent shall be entitled to immediately transfer
and shall not be required to undergo any waiting period
before obtaining individual coverage.
(2) Entitlement to a conversion contract under the terms
of this section shall not apply to any employee, spouse, or
covered dependent who is:
(a) Eligible for federal medicare coverage; or
(b) Covered under another group plan, policy, contract,
or agreement providing benefits for hospital or medical care.
(3) Entitlement to conversion under the terms of this section shall not apply to any employee terminated for misconduct, except that conversion shall be offered to the spouse
and covered dependents of the terminated employee. [1990 c
222 § 5; 1979 c 125 § 3.]
41.05.090
41.05.095 Unmarried dependents under the age of
twenty-five. (1) Any plan offered to employees under this
chapter must offer each employee the option of covering any
unmarried dependent of the employee under the age of
twenty-five.
(2) Any employee choosing under subsection (1) of this
section to cover a dependent who is: (a) Age twenty through
twenty-three and not a registered student at an accredited secondary school, college, university, vocational school, or
school of nursing; or (b) age twenty-four, shall be required to
pay the full cost of such coverage.
(3) Any employee choosing under subsection (1) of this
section to cover a dependent with disabilities, mental illness,
or intellectual or other developmental disabilities, who is
incapable of self-support, may continue covering that dependent under the same premium and payment structure as for
dependents under the age of twenty, irrespective of age.
[2010 c 94 § 11; 2007 c 259 § 18.]
41.05.095
Purpose—2010 c 94: See note following RCW 44.04.280.
Effective date—2007 c 259 §§ 18-22: "Sections 18 through 22 of this
act take effect January 1, 2009." [2007 c 259 § 72.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
[Title 41 RCW—page 39]
41.05.100
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.05.100
41.05.100 Chapter not applicable to certain employees of Cooperative Extension Service. The provisions of
this chapter shall not be applicable to any employee of the
Washington State University Cooperative Extension Service
who holds a federal civil service appointment and is thereby
eligible for insurance coverage under the regulations of the
United States Department of Agriculture and the United
States Civil Service Commission, and which employee elects
participation in the federal programs in lieu of the programs
established pursuant to this chapter. Such election may be
made only once. [1979 ex.s. c 9 § 1.]
41.05.110
41.05.110 Chapter not applicable to officers and
employees of state convention and trade center. The provisions of this chapter shall not be applicable to the officers
and employees of the nonprofit corporation formed under
chapter 67.40 RCW. [1984 c 210 § 3.]
Additional notes found at www.leg.wa.gov
41.05.120
41.05.120 Public employees’ and retirees’ insurance
account. (1) The public employees’ and retirees’ insurance
account is hereby established in the custody of the state treasurer, to be used by the administrator for the deposit of contributions, the remittance paid by school districts and educational service districts under RCW 28A.400.410, reserves,
dividends, and refunds, for payment of premiums for
employee and retiree insurance benefit contracts and subsidy
amounts provided under RCW 41.05.085, and transfers from
the medical flexible spending account as authorized in
*RCW 41.05.123. Moneys from the account shall be disbursed by the state treasurer by warrants on vouchers duly
authorized by the administrator. Moneys from the account
may be transferred to the medical flexible spending account
to provide reserves and start-up costs for the operation of the
medical flexible spending account program.
(2) The state treasurer and the state investment board
may invest moneys in the public employees’ and retirees’
insurance account. All such investments shall be in accordance with RCW 43.84.080 or 43.84.150, whichever is applicable. The administrator shall determine whether the state
treasurer or the state investment board or both shall invest
moneys in the public employees’ insurance account.
(3) During the 2005-07 fiscal biennium, the legislature
may transfer from the public employees’ and retirees’ insurance account such amounts as reflect the excess fund balance
of the fund. [2005 c 518 § 921; 2005 c 143 § 3; 1994 c 153 §
9; 1993 c 492 § 219; 1991 sp.s. c 13 § 100; 1988 c 107 § 10.]
Reviser’s note: *(1) RCW 41.05.123 was amended by 2008 c 229 § 6,
renaming the "medical flexible spending account" as the "flexible spending
administrative account" effective January 1, 2009.
(2) This section was amended by 2005 c 143 § 3 and by 2005 c 518 §
921, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
41 .0 5.123 F lex ible spending ad minis trat ive
account—Salary reduction account. (1) The flexible
spending administrative account is created in the custody of
the state treasurer. All receipts from the following must be
deposited in the account: (a) Revenues from employing
agencies for costs associated with operating the medical flexible spending arrangement program and the dependent care
assistance program provided through the salary reduction
plan authorized under this chapter; (b) funds transferred from
the dependent care administrative account; and (c) unclaimed
moneys at the end of the plan year after all timely submitted
claims for that plan year have been processed. Expenditures
from the account may be used only for administrative and
other expenses related to operating the medical flexible
spending arrangement program and the dependent care assistance program provided through the salary reduction plan
authorized under this chapter. Only the administrator or the
administrator’s designee may authorize expenditures from
the account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
(2) The salary reduction account is established in the
state treasury. Employee salary reductions paid to reimburse
participants or service providers for benefits provided by the
medical flexible spending arrangement program and the
dependent care assistance program provided through the salary reduction plan authorized under this chapter shall be paid
from the salary reduction account. The funds held by the
state to pay for benefits provided by the medical flexible
spending arrangement program and the dependent care assistance program provided through the salary reduction plan
authorized under this chapter shall be deposited in the salary
reduction account. Unclaimed moneys remaining in the salary reduction account at the end of a plan year after all timely
submitted claims for that plan year have been processed shall
become a part of the flexible spending administrative
account. Only the administrator or the administrator’s designee may authorize expenditures from the account. The
account is not subject to allotment procedures under chapter
43.88 RCW and an appropriation is not required for expenditures.
(3) Program claims reserves and money necessary for
start-up costs transferred from the public employees’ and
retirees’ insurance account established in RCW 41.05.120
may be deposited in the flexible spending administrative
account. Moneys in excess of the amount necessary for
administrative and operating expenses of the medical flexible
spending arrangement program may be transferred to the
public employees’ and retirees’ insurance account.
(4) The authority may periodically bill employing agencies for costs associated with operating the medical flexible
spending arrangement program and the dependent care assistance program provided through the salary reduction plan
authorized under this chapter. [2008 c 229 § 6; 2005 c 143 §
2.]
41.05.123
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Effective date—2008 c 229: See note following RCW 41.05.295.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
41.05.130 State health care authority administrative
account. The state health care authority administrative
account is hereby created in the state treasury. Moneys in the
account, including unanticipated revenues under RCW
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 40]
41.05.130
(2010 Ed.)
State Health Care Authority
41.05.143
43.79.270, may be spent only after appropriation by statute,
and may be used only for operating expenses of the authority.
[1988 c 107 § 11.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
41.05.140 Payment of claims—Self-insurance—
Insurance reserve funds created. (1) Except for property
and casualty insurance, the authority may self-fund, selfinsure, or enter into other methods of providing insurance
coverage for insurance programs under its jurisdiction,
including the basic health plan as provided in chapter 70.47
RCW. The authority shall contract for payment of claims or
other administrative services for programs under its jurisdiction. If a program does not require the prepayment of
reserves, the authority shall establish such reserves within a
reasonable period of time for the payment of claims as are
normally required for that type of insurance under an insured
program. The authority shall endeavor to reimburse basic
health plan health care providers under this section at rates
similar to the average reimbursement rates offered by the
statewide benchmark plan determined through the request for
proposal process.
(2) Reserves established by the authority for employee
and retiree benefit programs shall be held in a separate trust
fund by the state treasurer and shall be known as the public
employees’ and retirees’ insurance reserve fund. The state
investment board shall act as the investor for the funds and,
except as provided in RCW 43.33A.160 and 43.84.160, one
hundred percent of all earnings from these investments shall
accrue directly to the public employees’ and retirees’ insurance reserve fund.
(3) Any savings realized as a result of a program created
for employees and retirees under this section shall not be used
to increase benefits unless such use is authorized by statute.
(4) Reserves established by the authority to provide
insurance coverage for the basic health plan under chapter
70.47 RCW shall be held in a separate trust account in the
custody of the state treasurer and shall be known as the basic
health plan self-insurance reserve account. The state investment board shall act as the investor for the funds as set forth
in RCW 43.33A.230 and, except as provided in RCW
43.33A.160 and 43.84.160, one hundred percent of all earnings from these investments shall accrue directly to the basic
health plan self-insurance reserve account.
(5) Any program created under this section shall be subject to the examination requirements of chapter 48.03 RCW
as if the program were a domestic insurer. In conducting an
examination, the commissioner shall determine the adequacy
of the reserves established for the program.
(6) The authority shall keep full and adequate accounts
and records of the assets, obligations, transactions, and affairs
of any program created under this section.
(7) The authority shall file a quarterly statement of the
financial condition, transactions, and affairs of any program
created under this section in a form and manner prescribed by
the insurance commissioner. The statement shall contain
information as required by the commissioner for the type of
insurance being offered under the program. A copy of the
annual statement shall be filed with the speaker of the house
of representatives and the president of the senate. [2000 c 80
§ 5; 2000 c 79 § 44; 1994 c 153 § 10. Prior: 1993 c 492 § 220;
1993 c 386 § 12; 1988 c 107 § 12.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
41.05.140
(2010 Ed.)
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Intent—1993 c 386: See note following RCW 28A.400.391.
Additional notes found at www.leg.wa.gov
41.05.143 Uniform medical plan benefits administration account—Uniform dental plan benefits administration account—Public employees’ benefits board medical
benefits administration account. (1) The uniform medical
plan benefits administration account is created in the custody
of the state treasurer. Only the administrator or the administrator’s designee may authorize expenditures from the
account. Moneys in the account shall be used exclusively for
contracted expenditures for uniform medical plan claims
administration, data analysis, utilization management, preferred provider administration, and activities related to benefits administration where the level of services provided pursuant to a contract fluctuate as a direct result of changes in
uniform medical plan enrollment. Moneys in the account
may also be used for administrative activities required to
respond to new and unforeseen conditions that impact the
uniform medical plan, but only when the authority and the
office of financial management jointly agree that such activities must be initiated prior to the next legislative session.
(2) Receipts from amounts due from or on behalf of uniform medical plan enrollees for expenditures related to benefits administration, including moneys disbursed from the
public employees’ and retirees’ insurance account, shall be
deposited into the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. All proposals for allotment increases shall be provided to the house of representatives appropriations committee and to the senate ways and
means committee at the same time as they are provided to the
office of financial management.
(3) The uniform dental plan benefits administration
account is created in the custody of the state treasurer. Only
the administrator or the administrator’s designee may authorize expenditures from the account. Moneys in the account
shall be used exclusively for contracted expenditures related
to benefits administration for the uniform dental plan as
established under RCW 41.05.140. Receipts from amounts
due from or on behalf of uniform dental plan enrollees for
expenditures related to benefits administration, including
moneys disbursed from the public employees’ and retirees’
insurance account, shall be deposited into the account. The
account is subject to allotment procedures under chapter
43.88 RCW, but no appropriation is required for expenditures.
(4) The public employees’ benefits board medical benefits administration account is created in the custody of the
state treasurer. Only the administrator or the administrator’s
designee may authorize expenditures from the account.
Moneys in the account shall be used exclusively for contracted expenditures related to claims administration, data
analysis, utilization management, preferred provider administration, and other activities related to benefits administration for self-insured medical plans other than the uniform
41.05.143
[Title 41 RCW—page 41]
41.05.160
Title 41 RCW: Public Employment, Civil Service, and Pensions
medical plan. Receipts from amounts due from or on behalf
of enrollees for expenditures related to benefits administration, including moneys disbursed from the public employees’
and retirees’ insurance account, shall be deposited into the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2007 c 507 § 1; 2000 2nd sp.s. c
1 § 901.]
Severability—2000 2nd sp.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 2nd sp.s. c 1 § 1047.]
be subject to standard waiting periods for preexisting conditions, and may be subject to the submission of written treatment plans.
(5) In recognition of the intent expressed in subsection
(4) of this section, benefits provided under this section may
be subject to contractual provisions establishing annual
and/or lifetime benefit limits. Such limits may define the total
dollar benefits available, or may limit the number of services
delivered as established by the self-funded plan authorized
under this chapter. [1989 c 345 § 4.]
41.05.177
Effective date—2000 2nd sp.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [May 2, 2000]." [2000 2nd sp.s. c 1 § 1048.]
41.05.160 Rules. The administrator may promulgate
and adopt rules consistent with this chapter to carry out the
purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW. [1988 c 107 § 15.]
41.05.160
41.05.165 Rules—Insurance benefit reimbursement.
The authority shall adopt rules that provide for members of
the legislature who choose reimbursement under RCW
44.04.230 in lieu of insurance benefits under this chapter.
[1998 c 62 § 2.]
41.05.165
Additional notes found at www.leg.wa.gov
4 1. 0 5 . 1 70 Neur od e v e lo pm e n ta l t he r a p ie s —
Employer-sponsored group contracts. (1) Each health
plan offered to public employees and their covered dependents under this chapter which is not subject to the provisions
of Title 48 RCW and is established or renewed on or after
twelve months after July 23, 1989, shall include coverage for
neurodevelopmental therapies for covered individuals age six
and under.
(2) Benefits provided under this section shall cover the
services of those authorized to deliver occupational therapy,
speech therapy, and physical therapy. Benefits shall be payable only where the services have been delivered pursuant to
the referral and periodic review of a holder of a license issued
pursuant to chapter 18.71 or 18.57 RCW or where covered
services have been rendered by such licensee. Nothing in this
section shall preclude a self-funded plan authorized under
this chapter from negotiating rates with qualified providers.
(3) Benefits provided under this section shall be for medically necessary services as determined by the self-funded
plan authorized under this chapter. Benefits shall be payable
for services for the maintenance of a covered individual in
cases where significant deterioration in the patient’s condition would result without the service. Benefits shall be payable to restore and improve function.
(4) It is the intent of this section that the state, as an
employer providing comprehensive health coverage including the benefits required by this section, retains the authority
to design and employ utilization and cost controls. Therefore,
benefits delivered under this section may be subject to contractual provisions regarding deductible amounts and/or
copayments established by the self-funded plan authorized
under this chapter. Benefits provided under this section may
41.05.177 Prostate cancer screening—Required coverage. (1) Each plan offered to public employees and their
covered dependents under this chapter that is not subject to
the provisions of Title 48 RCW and is issued or renewed after
December 31, 2006, shall provide coverage for prostate cancer screening, provided that the screening is delivered upon
the recommendation of the patient’s physician, advanced registered nurse practitioner, or physician assistant.
(2) This section shall not be construed to prevent the
application of standard policy provisions applicable to other
benefits, such as deductible or copayment provisions. This
section does not limit the authority of the health care authority to negotiate rates and contract with specific providers for
the delivery of prostate cancer screening services. This section shall not apply to medicare supplemental policies or supplemental contracts covering a specified disease or other limited benefits. [2006 c 367 § 1.]
41.05.170
[Title 41 RCW—page 42]
41.05.180
41.05.180 Mammograms—Insurance coverage.
Each health plan offered to public employees and their covered dependents under this chapter that is not subject to the
provisions of Title 48 RCW and is established or renewed
after January 1, 1990, and that provides benefits for hospital
or medical care shall provide benefits for screening or diagnostic mammography services, provided that such services
are delivered upon the recommendation of the patient’s physician or advanced registered nurse practitioner as authorized
by the nursing care quality assurance commission pursuant to
chapter 18.79 RCW or physician assistant pursuant to chapter
18.71A RCW.
This section shall not be construed to prevent the application of standard health plan provisions applicable to other
benefits such as deductible or copayment provisions. This
section does not limit the authority of the state health care
authority to negotiate rates and contract with specific providers for the delivery of mammography services. This section
shall not apply to medicare supplement policies or supplemental contracts covering a specified disease or other limited
benefits. [1994 sp.s. c 9 § 725; 1989 c 338 § 5.]
Additional notes found at www.leg.wa.gov
41.05.183
41.05.183 General anesthesia services for dental procedures—Public employee benefit plans. (1) Each
employee benefit plan offered to public employees that provides coverage for hospital, medical, or ambulatory surgery
center services must cover general anesthesia services and
related facility charges in conjunction with any dental procedure performed in a hospital or ambulatory surgical center if
(2010 Ed.)
State Health Care Authority
such anesthesia services and related facility charges are medically necessary because the covered person:
(a) Is under the age of seven, or physically or developmentally disabled, with a dental condition that cannot be
safely and effectively treated in a dental office; or
(b) Has a medical condition that the person’s physician
determines would place the person at undue risk if the dental
procedure were performed in a dental office. The procedure
must be approved by the person’s physician.
(2) Each employee benefit plan offered to public
employees that provides coverage for dental services must
cover general anesthesia services in conjunction with any
covered dental procedure performed in a dental office if the
general anesthesia services are medically necessary because
the covered person is under the age of seven or physically or
developmentally disabled.
(3) This section does not prohibit an employee benefit
plan from:
(a) Applying cost-sharing requirements, maximum
annual benefit limitations, and prior authorization requirements to the services required under this section; or
(b) Covering only those services performed by a health
care provider, or in a health care facility, that is part of its provider network; nor does it limit the authority in negotiating
rates and contracts with specific providers.
(4) This section does not apply to medicare supplement
policies, or supplemental contracts covering a specified disease or other limited benefits.
(5) For the purpose of this section, "general anesthesia
services" means services to induce a state of unconsciousness
accompanied by a loss of protective reflexes, including the
ability to maintain an airway independently and respond purposefully to physical stimulation or verbal command.
(6) This section applies to employee benefit plans issued
or renewed on or after January 1, 2002. [2001 c 321 § 1.]
41.05.185 Diabetes benefits—State-purchased health
care. The legislature finds that diabetes imposes a significant
health risk and tremendous financial burden on the citizens
and government of the state of Washington, and that access to
the medically accepted standards of care for diabetes, its
treatment and supplies, and self-management training and
education is crucial to prevent or delay the short and longterm complications of diabetes and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes, noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All state-purchased health care purchased or renewed
after January 1, 1998, except the basic health plan described
in chapter 70.47 RCW, shall provide benefits for at least the
following services and supplies for persons with diabetes:
(a) For state-purchased health care that includes coverage for pharmacy services, appropriate and medically necessary equipment and supplies, as prescribed by a health care
provider, that includes but is not limited to insulin, syringes,
injection aids, blood glucose monitors, test strips for blood
41.05.185
(2010 Ed.)
41.05.197
glucose monitors, visual reading and urine test strips, insulin
pumps and accessories to the pumps, insulin infusion
devices, prescriptive oral agents for controlling blood sugar
levels, foot care appliances for prevention of complications
associated with diabetes, and glucagon emergency kits; and
(b) For all state-purchased health care, outpatient selfmanagement training and education, including medical nutrition therapy, as ordered by the health care provider. Diabetes
outpatient self-management training and education may be
provided only by health care providers with expertise in diabetes. Nothing in this section prevents any state agency purchasing health care according to this section from restricting
patients to seeing only health care providers who have signed
participating provider agreements with that state agency or an
insuring entity under contract with that state agency.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director, or
his or her designee, subject to any referral and formulary
requirements. [1997 c 276 § 1.]
Additional notes found at www.leg.wa.gov
41.05.195 Medicare supplemental insurance policies.
Notwithstanding any other provisions of this chapter or rules
or procedures adopted by the authority, the authority shall
make available to retired or disabled employees who are
enrolled in parts A and B of medicare one or more medicare
supplemental insurance policies that conform to the requirements of chapter 48.66 RCW. The policies shall be chosen in
consultation with the public employees’ benefits board.
These policies shall be made available to retired or disabled
state employees; retired or disabled school district employees; retired employees of county, municipal, or other political
subdivisions or retired employees of tribal governments eligible for coverage available under the authority; or surviving
spouses or domestic partners of emergency service personnel
killed in the line of duty. [2009 c 523 § 2; 2007 c 114 § 7;
2005 c 47 § 1; 1993 c 492 § 222.]
41.05.195
Intent—Effective date—2007 c 114: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
41.05.197 Medicare supplemental insurance policies.
The medicare supplemental insurance policies authorized
under RCW 41.05.195 shall be made available to any resident of the state who:
(1) Is enrolled in parts A and B of medicare; and
(2) Is not eligible to purchase coverage as a retired or disabled employee under RCW 41.05.195. State residents purchasing a medicare supplemental insurance policy under this
section shall be required to pay the full cost of any such policy. [2005 c 47 § 2; 1993 c 492 § 223.]
41.05.197
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 43]
41.05.205
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.05.205
41.05.205 Tricare supplemental insurance policy—
Authority to offer—Rules. (1) Notwithstanding any other
provisions of this chapter or rules or procedures adopted by
the authority under this chapter, the authority may make
available a tricare supplemental insurance policy, 32 C.F.R.
Sec. 199.17 (2004), to employees who are eligible. This supplemental policy may be offered as one of the board’s health
coverage options. Employee selection of this supplemental
policy is exclusive of selecting any other medical coverage
offered through the board. If offered by the board, this supplemental policy shall be made available to employees, and
retired or disabled employees, eligible for coverage available
under the authority, but not eligible for medicare parts A and
B.
(2) The administrator may adopt rules to carry out the
purposes of this section. [2005 c 46 § 1.]
41.05.220
41.05.220 Community and migrant health centers—
Maternity health care centers—People of color—Underserved populations. (1) State general funds appropriated to
the department of health for the purposes of funding community health centers to provide primary health and dental care
services, migrant health services, and maternity health care
services shall be transferred to the state health care authority.
Any related administrative funds expended by the department
of health for this purpose shall also be transferred to the
health care authority. The health care authority shall exclusively expend these funds through contracts with community
health centers to provide primary health and dental care services, migrant health services, and maternity health care services. The administrator of the health care authority shall
establish requirements necessary to assure community health
centers provide quality health care services that are appropriate and effective and are delivered in a cost-efficient manner.
The administrator shall further assure that community health
centers have appropriate referral arrangements for acute care
and medical specialty services not provided by the community health centers.
(2) The authority, in consultation with the department of
health, shall work with community and migrant health clinics
and other providers of care to underserved populations, to
ensure that the number of people of color and underserved
people receiving access to managed care is expanded in proportion to need, based upon demographic data. [1998 c 245
§ 38; 1993 c 492 § 232.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
(2) All costs incurred by the state or the board for providing health insurance coverage to active blind vendors,
excluding family participation, under subsection (1) of this
section may be paid for from net proceeds from vending
machine operations in public buildings under RCW
74.18.230.
(3) Money from the business enterprises program under
the federal Randolph-Sheppard Act may not be used for family participation in the health insurance benefits provided
under this section. Family insurance benefits are the sole
responsibility of the individual blind vendors. [2002 c 71 §
1.]
41.05.230 Multicultural health care technical assistance program. (1) Consistent with funds appropriated specifically for this purpose, the authority shall provide matching grants to support community-based multicultural health
care technical assistance programs. The purpose of the programs shall be to promote technical assistance through community and migrant health clinics and other appropriate
health care providers who serve underserved populations and
persons of color.
The technical assistance provided shall include, but is
not limited to: (a) Collaborative research and data analysis
on health care outcomes that disproportionately affect persons of color; (b) design and development of model health
education and promotion strategies aimed at modifying
unhealthy health behaviors or enhancing the use of the health
care delivery system by persons of color; (c) provision of
technical information and assistance on program planning
and financial management; (d) administration, public policy
development, and analysis in health care issues affecting people of color; and (e) enhancement and promotion of health
care career opportunities for persons of color.
(2) Consistent with appropriated funds, the programs
shall be available on a statewide basis. [1993 c 492 § 272.]
41.05.230
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
41.05.240 American Indian health care delivery plan.
[1993 c 492 § 468.] Recodified as RCW 43.70.590 pursuant
to 1995 c 43 § 5; and also repealed by 1995 1st sp.s. c 6 § 9.
41.05.240
Reviser’s note: RCW 41.05.240 was recodified as RCW 43.70.590
pursuant to 1995 c 43 § 5 and amended by 1995 c 43 § 4, without cognizance
of its repeal by 1995 1st sp.s. c 6 § 9. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW
1.12.025.
41.05.280 Department of corrections—Inmate health
care. The department of corrections shall consult with the
state health care authority to identify how the department of
corrections shall develop a working plan to correspond to the
health care reform measures that require all departments to
place all state purchased health services in a communityrated, single risk pool under the direct administrative authority of the state purchasing agent by July 1, 1997. [1998 c 245
§ 39; 1993 c 504 § 3.]
41.05.280
41.05.225
41.05.225 Blind licensees in the business enterprises
program—Plan of health insurance. (1) The board shall
offer a plan of health insurance to blind licensees who are
actively operating facilities and participating in the business
enterprises program established in RCW 74.18.200 through
74.18.230, and maintained by the department of services for
the blind. The plan of health insurance benefits must be the
same or substantially similar to the plan of health insurance
benefits offered to state employees under this chapter. Enrollment will be at the option of each individual licensee or vendor, under rules established by the board.
[Title 41 RCW—page 44]
Findings—1993 c 504: "The legislature finds that Washington state
government purchases approximately one-fourth of all the health care statewide. In addition to this huge expenditure, the state also faces health care
(2010 Ed.)
State Health Care Authority
inflation rates, far exceeding the growth rate of the economy as a whole and
the general inflationary rate. Together these factors are straining state
resources beyond our capability to pay.
The legislature finds that the department of corrections is responsible
for providing health care to a large and growing number of offenders. It is
also facing rapidly escalating medical, dental, and mental health care expenditures. As a result of this, the department must review its entire inmate
health care system and take steps to reduce health care expenditures.
The legislature further finds that efforts to achieve statewide health
care reform should also include the department of correction’s health care
facilities. In this light, the department must develop an appropriate plan that
will correspond to the changing health care environment." [1993 c 504 § 1.]
Additional notes found at www.leg.wa.gov
41.05.295 Dependent care assistance program—
Health care authority—Powers, duties, and functions. (1)
All powers, duties, and functions of the department of retirement systems pertaining to the dependent care assistance program are transferred to the health care authority.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
department of retirement systems pertaining to the powers,
functions, and duties transferred shall be delivered to the custody of the health care authority. All funds, credits, or other
assets held in connection with the powers, functions, and
duties transferred shall be assigned to the health care authority.
(b) Whenever any question arises as to the transfer of
any funds, books, documents, records, papers, files, or other
tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred,
the director of financial management shall make a determination as to the proper allocation and certify the same to the
state agencies concerned.
(3) All rules and all pending business before the department of retirement systems pertaining to the powers, functions, and duties transferred shall be continued and acted
upon by the health care authority. All existing contracts and
obligations shall remain in full force and shall be performed
by the health care authority.
(4) The transfer of the powers, duties, and functions of
the department of retirement systems shall not affect the
validity of any act performed before January 1, 2009.
(5) Nothing contained in this section may be construed to
alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement until the
agreement has expired or until the bargaining unit has been
modified by action of the public employment relations commission as provided by law. [2008 c 229 § 1.]
41.05.295
Effective date—2008 c 229: "This act takes effect January 1, 2009."
[2008 c 229 § 15.]
41.05.300 Salary reduction agreements—Authorized. (1) The state of Washington may enter into salary
reduction agreements with employees of the state pursuant to
the internal revenue code, for the purpose of making it possible for employees of the state to select on a "before-tax basis"
certain taxable and nontaxable benefits. The purpose of the
salary reduction plan established in this chapter is to attract
and retain individuals in governmental service by permitting
them to enter into agreements with the state to provide for
benefits pursuant to 26 U.S.C. Sec. 125, 26 U.S.C. Sec. 129,
and other applicable sections of the internal revenue code.
41.05.300
(2010 Ed.)
41.05.320
(2) Nothing in the salary reduction plan constitutes an
employment agreement between the participant and the state,
and nothing contained in the participant’s salary reduction
agreement, the plan, this section, or RCW 41.05.123,
41.05.310 through 41.05.360, and 41.05.295 gives a participant any right to be retained in state employment. [2008 c
229 § 3; 1995 1st sp.s. c 6 § 11.]
Effective date—2008 c 229: See note following RCW 41.05.295.
Additional notes found at www.leg.wa.gov
41.05.310 Salary reduction plan—Policies and procedures—Plan document. The authority shall have responsibility for the formulation and adoption of a plan, policies, and
procedures designed to guide, direct, and administer the salary reduction plan. For the plan year beginning January 1,
1996, the administrator may establish a premium only plan.
Expansion of the salary reduction plan or cafeteria plan during subsequent plan years shall be subject to approval by the
director of the office of financial management.
(1) A plan document describing the benefits offered
under the salary reduction plan shall be adopted and administered by the authority. The authority shall represent the state
in all matters concerning the administration of the plan. The
state, through the authority, may engage the services of a professional consultant or administrator on a contractual basis to
serve as an agent to assist the authority or perform the administrative functions necessary in carrying out the purposes of
RCW 41.05.123, 41.05.300 through 41.05.350, and
41.05.295.
(2) The authority shall formulate and establish policies
and procedures for the administration of the salary reduction
plan that are consistent with existing state law, the internal
revenue code, and the regulations adopted by the internal revenue service as they may apply to the benefits offered to participants under the plan.
(3) Every action taken by the authority in administering
RCW 41.05.123, 41.05.300 through 41.05.350, and
41.05.295 shall be presumed to be a fair and reasonable exercise of the authority vested in or the duties imposed upon it.
The authority shall be presumed to have exercised reasonable
care, diligence, and prudence and to have acted impartially as
to all persons interested unless the contrary be proved by
clear and convincing affirmative evidence. [2008 c 229 § 4;
1995 1st sp.s. c 6 § 12.]
41.05.310
Effective date—2008 c 229: See note following RCW 41.05.295.
Additional notes found at www.leg.wa.gov
41.05.320 Salary reduction plan—Eligibility—Participation, withdrawal. (1) Elected officials and permanent
employees of the state are eligible to participate in the salary
reduction plan and reduce their salary by agreement with the
authority. The authority may adopt rules to: (a) Limit the
participation of employing agencies and their employees in
the plan; and (b) permit participation in the plan by temporary
employees of the state.
(2) Persons eligible under subsection (1) of this section
may enter into salary reduction agreements with the state.
(3)(a) An eligible person may become a participant of
the salary reduction plan for a full plan year with annual benefit plan selection for each new plan year made before the
41.05.320
[Title 41 RCW—page 45]
41.05.330
Title 41 RCW: Public Employment, Civil Service, and Pensions
beginning of the plan year, as determined by the authority, or
upon becoming eligible.
(b) Once an eligible person elects to participate in the
salary reduction plan and determines the amount his or her
gross salary shall be reduced and the benefit plan for which
the funds are to be used during the plan year, the agreement
shall be irrevocable and may not be amended during the plan
year except as provided in (c) of this subsection. Prior to
making an election to participate in the salary reduction plan,
the eligible person shall be informed in writing of all the benefits and reductions that will occur as a result of such election.
(c) The authority shall provide in the salary reduction
plan that a participant may enroll, terminate, or change his or
her election after the plan year has begun if there is a significant change in a participant’s status, as provided by 26 U.S.C.
Sec. 125 and the regulations adopted under that section and
defined by the authority.
(4) The authority shall establish as part of the salary
reduction plan the procedures for and effect of withdrawal
from the plan by reason of retirement, death, leave of
absence, or termination of employment. To the extent possible under federal law, the authority shall protect participants
from forfeiture of rights under the plan.
(5) Any reduction of salary under the salary reduction
plan shall not reduce the reportable compensation for the purpose of computing the state retirement and pension benefits
earned by the employee pursuant to chapters 41.26, 41.32,
41.35, 41.37, 41.40, and 43.43 RCW. [2008 c 229 § 5; 2007
c 492 § 6; 1995 1st sp.s. c 6 § 13.]
Effective date—2008 c 229: See note following RCW 41.05.295.
Additional notes found at www.leg.wa.gov
41.05.330 Salary reduction plan—Accounts and
records. The authority shall keep or cause to be kept full and
adequate accounts and records of the assets, obligations,
transactions, and affairs of a salary reduction plan created
under RCW 41.05.300. [2008 c 229 § 7; 1995 1st sp.s. c 6 §
14.]
41.05.330
Effective date—2008 c 229: See note following RCW 41.05.295.
Additional notes found at www.leg.wa.gov
41.05.340 Salary reduction plan—Termination—
Amendment. (1) The state may terminate the salary reduction plan at the end of the plan year or upon notification of
federal action affecting the status of the plan.
(2) The authority may amend the salary reduction plan at
any time if the amendment does not affect the rights of the
participants to receive eligible reimbursement from the participants’ accounts. [2008 c 229 § 8; 1995 1st sp.s. c 6 § 15.]
41.05.340
Effective date—2008 c 229: See note following RCW 41.05.295.
Additional notes found at www.leg.wa.gov
41.05.350 Salary reduction plan—Rules. The authority shall adopt rules necessary to implement RCW 41.05.123,
41.05.300 through 41.05.340, and 41.05.295. [2008 c 229 §
9; 1995 1st sp.s. c 6 § 16.]
41.05.350
Effective date—2008 c 229: See note following RCW 41.05.295.
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 46]
41.05.360 Salary reduction plan—Construction.
RCW 41.05.123, 41.05.300 through 41.05.350, and
41.05.295 shall be construed to effectuate the purposes of 26
U.S.C. Sec. 125 and other applicable sections of the internal
revenue code as required. [2008 c 229 § 10; 1995 1st sp.s. c
6 § 17.]
41.05.360
Effective date—2008 c 229: See note following RCW 41.05.295.
Additional notes found at www.leg.wa.gov
41.05.400 Plan of health care coverage—Available
funds—Components—Eligibility—Administrator’s
duties. (1) The administrator shall design and offer a plan of
health care coverage as described in subsection (2) of this
section, for any person eligible under subsection (3) of this
section. The health care coverage shall be designed and
offered only to the extent that state funds are specifically
appropriated for this purpose.
(2) The plan of health care coverage shall have the following components:
(a) Services covered more limited in scope than those
contained in RCW 48.41.110(3);
(b) Enrollee cost-sharing that may include but not be
limited to point-of-service cost-sharing for covered services;
(c) Deductibles of three thousand dollars on a per person
per calendar year basis, and four thousand dollars on a per
family per calendar year basis. The deductible shall be
applied to the first three thousand dollars, or four thousand
dollars, of eligible expenses incurred by the covered person
or family, respectively, except that the deductible shall not be
applied to clinical preventive services as recommended by
the United States public health service. Enrollee out-ofpocket expenses required to be paid under the plan for costsharing and deductibles shall not exceed five thousand dollars per person, or six thousand dollars per family;
(d) Payment methodologies for network providers may
include but are not limited to resource-based relative value
fee schedules, capitation payments, diagnostic related group
fee schedules, and other similar strategies including risksharing arrangements; and
(e) Other appropriate care management and cost-containment measures determined appropriate by the administrator, including but not limited to care coordination, provider
network limitations, preadmission certification, and utilization review.
(3) Any person is eligible for coverage in the plan who
resides in a county of the state where no carrier, as defined in
RCW 48.43.005, or insurer regulated under chapter 48.15
RCW offers to the public an individual health benefit plan as
defined in RCW 48.43.005 other than a catastrophic health
plan as defined in RCW 48.43.005 at the time of application
to the administrator. Such eligibility may terminate pursuant
to subsection (8) of this section.
(4) The administrator may not reject an individual for
coverage based upon preexisting conditions of the individual
or deny, exclude, or otherwise limit coverage for an individual’s preexisting health conditions; except that it shall impose
a nine-month benefit waiting period for preexisting conditions for which medical advice was given, or for which a
health care provider recommended or provided treatment, or
for which a prudent layperson would have sought advice or
treatment, within six months before the effective date of cov41.05.400
(2010 Ed.)
State Health Care Authority
erage. The preexisting condition waiting period shall not
apply to prenatal care services. Credit against the waiting
period shall be provided pursuant to subsections (5) and (6)
of this section.
(5) Except for persons to whom subsection (6) of this
section applies, the administrator shall credit any preexisting
condition waiting period in the plan for a person who was
enrolled at any time during the sixty-three day period immediately preceding the date of application for the plan in a
group health benefit plan or an individual health benefit plan
other than a catastrophic health plan. The administrator must
credit the period of coverage the person was continuously
covered under the immediately preceding health plan toward
the waiting period of the new health plan. For the purposes of
this subsection, a preceding health plan includes an
employer-provided self-funded health plan.
(6) The administrator shall waive any preexisting condition waiting period in the plan for a person who is an eligible
individual as defined in section 2741(b) of the federal health
insurance portability and accountability act of 1996 (42
U.S.C. 300gg-41(b)).
(7) The administrator shall set the rates to be charged
plan enrollees.
(8) When a carrier, as defined in RCW 48.43.005, or an
insurer regulated under chapter 48.15 RCW, begins to offer
an individual health benefit plan as defined in RCW
48.43.005 in a county where no carrier or insurer had been
offering an individual health benefit plan:
(a) If the health benefit plan offered is other than a catastrophic health plan as defined in RCW 48.43.005, any person enrolled in the plan under subsection (3) of this section in
that county shall no longer be eligible;
(b) The administrator shall provide written notice to any
person who is no longer eligible for coverage under the plan
within thirty days of the administrator’s determination that
the person is no longer eligible. The notice shall: (i) Indicate
that coverage under the plan will cease ninety days from the
date that the notice is dated; (ii) describe any other coverage
options available to the person; and (iii) describe the enrollment process for the available options. [2000 c 80 § 7; 2000
c 79 § 46.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
41.05.500 Prescription drug price discounts—Eligibility—Penalty—Enrollment fee. (1) In negotiating price
discounts with prescription drug manufacturers for state purchased health care programs, the health care authority shall
also negotiate such discounts for any Washington resident:
(a) Whose family income does not exceed three hundred
percent of the federal poverty level as adjusted for family size
and determined annually by the federal department of health
and human services;
(b) Whose existing prescription drug need is not covered
by insurance; and
(c) Who is: (i) At least fifty years old; or (ii) between the
ages of nineteen and forty-nine and is otherwise eligible for
benefits under Title II of the social security act, federal old
age, survivors, and disability insurance benefits.
(2)(a) An attestation, which shall be submitted to the
administrator, from an individual that the individual’s family
41.05.500
(2010 Ed.)
41.05.520
income does not exceed three hundred percent of the federal
poverty level is sufficient to satisfy the eligibility requirement of subsection (1)(a) of this section.
(b) Any person willfully making a false statement in
order to qualify for discounts under this section is guilty of a
misdemeanor. Notice of such shall be included on the program enrollment form.
(3) The administrator shall charge participants in this
program an annual enrollment fee sufficient to offset the cost
of program administration.
(4) Any rebate or discount provided by a pharmaceutical
manufacturer and made available to individuals under this
section shall not be at the expense of retail pharmacies. This
does not prohibit participating state agencies from using discounted pharmacy reimbursements for services or ingredients provided by the pharmacies. [2003 1st sp.s. c 29 § 3.]
Reviser’s note—Sunset Act application: The prescription drug discount program is subject to review, termination, and possible extension
under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.403. RCW
41.05.500 is scheduled for future repeal under RCW 43.131.404.
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.05.520 Pharmacy connection program—Notice.
(1) The administrator shall establish and advertise a pharmacy connection program through which health care providers and members of the public can obtain information about
manufacturer-sponsored prescription drug assistance programs. The administrator shall ensure that the program has
staff available who can assist persons in procuring free or discounted medications from manufacturer-sponsored prescription drug assistance programs by:
(a) Determining whether an assistance program is
offered for the needed drug or drugs;
(b) Evaluating the likelihood of a person obtaining drugs
from an assistance program under the guidelines formulated;
(c) Assisting persons with the application and enrollment
in an assistance program;
(d) Coordinating and assisting physicians and others
authorized to prescribe medications with communications,
including applications, made on behalf of a person to a participating manufacturer to obtain approval of the person in an
assistance program; and
(e) Working with participating manufacturers to simplify
the system whereby eligible persons access drug assistance
programs, including development of a single application
form and uniform enrollment process.
(2) Notice regarding the pharmacy connection program
shall initially target senior citizens, but the program shall be
available to anyone, and shall include a toll-free telephone
number, available during regular business hours, that may be
used to obtain information.
(3) The administrator may apply for and accept grants or
gifts and may enter into interagency agreements or contracts
with other state agencies or private organizations to assist
with the implementation of this program including, but not
limited to, contracts, gifts, or grants from pharmaceutical
manufacturers to assist with the direct costs of the program.
(4) The administrator shall notify pharmaceutical companies doing business in Washington of the pharmacy con41.05.520
[Title 41 RCW—page 47]
41.05.530
Title 41 RCW: Public Employment, Civil Service, and Pensions
nection program. Any pharmaceutical company that does
business in this state and that offers a pharmaceutical assistance program shall notify the administrator of the existence
of the program, the drugs covered by the program, and all
information necessary to apply for assistance under the program.
(5) For purposes of this section, "manufacturer-sponsored prescription drug assistance program" means a program offered by a pharmaceutical company through which
the company provides a drug or drugs to eligible persons at
no charge or at a reduced cost. The term does not include the
provision of a drug as part of a clinical trial. [2003 1st sp.s. c
29 § 7.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.05.530 Prescription drug assistance, education—
Rules. The authority may adopt rules to implement chapter
29, Laws of 2003 1st sp. sess. [2003 1st sp.s. c 29 § 10.]
41.05.530
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.05.540 State employee health program—Requirements—Report. (1) The health care authority, in coordination with the department of health, health plans participating
in public employees’ benefits board programs, and the University of Washington’s center for health promotion, shall
establish and maintain a state employee health program
focused on reducing the health risks and improving the health
status of state employees, dependents, and retirees enrolled in
the public employees’ benefits board. The program shall use
public and private sector best practices to achieve goals of
measurable health outcomes, measurable productivity
improvements, positive impact on the cost of medical care,
and positive return on investment. The program shall establish standards for health promotion and disease prevention
activities, and develop a mechanism to update standards as
evidence-based research brings new information and best
practices forward.
(2) The state employee health program shall:
(a) Provide technical assistance and other services as
needed to wellness staff in all state agencies and institutions
of higher education;
(b) Develop effective communication tools and ongoing
training for wellness staff;
(c) Contract with outside vendors for evaluation of program goals;
(d) Strongly encourage the widespread completion of
online health assessment tools for all state employees, dependents, and retirees. The health assessment tool must be voluntary and confidential. Health assessment data and claims
data shall be used to:
(i) Engage state agencies and institutions of higher education in providing evidence-based programs targeted at
reducing identified health risks;
(ii) Guide contracting with third-party vendors to implement behavior change tools for targeted high-risk populations; and
41.05.540
[Title 41 RCW—page 48]
(iii) Guide the benefit structure for state employees,
dependents, and retirees to include covered services and medications known to manage and reduce health risks.
(3) The health care authority shall report to the legislature in December 2008 and December 2010 on outcome
goals for the employee health program. [2007 c 259 § 40;
2005 c 360 § 8.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
41.05.541 State employee health demonstration
project—Required elements—Reports. (Expires June 30,
2011.) (1) The health care authority through the state
employee health program shall implement a state employee
health demonstration project. The agencies selected must:
(a) Show a high rate of health risk assessment completion; (b)
document an infrastructure capable of implementing
employee health programs using current and emerging best
practices; (c) show evidence of senior management support;
and (d) together employ a total of no more than eight thousand employees who are enrolled in health plans of the public
employees’ benefits board. Demonstration project agencies
shall operate employee health programs for their employees
in collaboration with the state employee health program.
(2) Agency demonstration project employee health programs:
(a) Shall include but are not limited to the following key
elements: Outreach to all staff with efforts made to reach the
largest percentage of employees possible; awareness-building information that promotes health; motivational opportunities that encourage employees to improve their health;
behavior change opportunities that demonstrate and support
behavior change; and tools to improve employee health care
decisions;
(b) Must have wellness staff with direct accountability to
agency senior management;
(c) Shall initiate and maintain employee health programs
using current and emerging best practices in the field of
health promotion;
(d) May offer employees such incentives as cash for
completing health risk assessments, free preventive screenings, training in behavior change tools, improved nutritional
standards on agency campuses, bike racks, walking maps, onsite weight reduction programs, and regular communication
to promote personal health awareness.
(3) The state employee health program shall evaluate
each of the four programs separately and compare outcomes
for each of them with the entire state employee population to
assess effectiveness of the programs. Specifically, the program shall measure at least the following outcomes in the
demonstration population: The reduction in the percent of
the population that is overweight or obese, the reduction in
risk factors related to diabetes, the reduction in risk factors
related to absenteeism, the reduction in tobacco consumption,
the reduction in high blood pressure and high cholesterol, and
the increase in appropriate use of preventive health services.
The state employee health program shall report to the legislature in December 2008 and December 2010 on the demonstration project.
41.05.541
(2010 Ed.)
State Health Care Authority
(4) This section expires June 30, 2011. [2007 c 259 §
41.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
41.05.550 Prescription drug assistance foundation—
Nonprofit and tax-exempt corporation—Liability. (1)
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Federal poverty level" means the official poverty
level based on family size established and adjusted under section 673(2) of the omnibus budget reconciliation act of 1981
(P.L. 97-35; 42 U.S.C. Sec. 9902(2), as amended).
(b) "Foundation" means the prescription drug assistance
foundation established in this section, a nonprofit corporation
organized under the laws of this state to provide assistance in
accessing prescription drugs to qualified uninsured individuals.
(c) "Health insurance coverage including prescription
drugs" means prescription drug coverage under a private
insurance plan, the medicaid program, the state children’s
health insurance program ("SCHIP"), the medicare program,
the basic health plan, or any employer-sponsored health plan
that includes a prescription drug benefit.
(d) "Qualified uninsured individual" means an uninsured
person who is a resident of this state and has an income below
three hundred percent of the federal poverty level.
(e) "Uninsured" means an individual who lacks health
insurance coverage including prescription drugs.
(2)(a) The administrator shall establish the foundation as
a nonprofit corporation, organized under the laws of this
state. The foundation shall assist qualified uninsured individuals in obtaining prescription drugs at little or no cost.
(b) The foundation shall be administered in a manner
that:
(i) Begins providing assistance to qualified uninsured
individuals by January 1, 2006;
(ii) Defines the population that may receive assistance in
accordance with this section; and
(iii) Complies with the eligibility requirements necessary
to obtain and maintain tax-exempt status under federal law.
(c) The board of directors of the foundation consists of
up to eleven with a minimum of five members appointed by
the governor to staggered terms of three years. The governor
shall select as members of the board individuals who (i) will
represent the interests of persons who lack prescription drug
coverage; and (ii) have demonstrated expertise in business
management and in the administration of a not-for-profit
organization.
(d) The foundation shall apply for and comply with all
federal requirements necessary to obtain and maintain taxexempt status with respect to the federal tax obligations of the
foundation’s donors.
(e) The foundation is authorized, subject to the direction
and ratification of the board, to receive, solicit, contract for,
collect, and hold in trust for the purposes of this section,
donations, gifts, grants, and bequests in the form of money
paid or promised, services, materials, equipment, or other
things tangible or intangible that may be useful for helping
the foundation to achieve its purpose. The foundation may
use all sources of public and private financing to support
41.05.550
(2010 Ed.)
41.05.600
foundation activities. No general fund-state funds shall be
used for the ongoing operation of the foundation.
(f) No liability on the part of, and no cause of action of
any nature, shall arise against any member of the board of
directors of the foundation or against an employee or agent of
the foundation for any lawful action taken by them in the performance of their administrative powers and duties under this
section. [2008 c 87 § 1; 2005 c 267 § 1.]
41.05.600 Mental health services—Definition—Coverage required, when. (1) For the purposes of this section,
"mental health services" means medically necessary outpatient and inpatient services provided to treat mental disorders
covered by the diagnostic categories listed in the most current
version of the diagnostic and statistical manual of mental disorders, published by the American psychiatric association, on
July 24, 2005, or such subsequent date as may be provided by
the administrator by rule, consistent with the purposes of
chapter 6, Laws of 2005, with the exception of the following
categories, codes, and services: (a) Substance related disorders; (b) life transition problems, currently referred to as "V"
codes, and diagnostic codes 302 through 302.9 as found in
the diagnostic and statistical manual of mental disorders, 4th
edition, published by the American psychiatric association;
(c) skilled nursing facility services, home health care, residential treatment, and custodial care; and (d) court ordered
treatment unless the authority’s or contracted insuring
entity’s medical director determines the treatment to be medically necessary.
(2) All health benefit plans offered to public employees
and their covered dependents under this chapter that provide
coverage for medical and surgical services shall provide:
(a) For all health benefit plans established or renewed on
or after January 1, 2006, coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(b) For all health benefit plans established or renewed on
or after January 1, 2008, coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the health benefit plan imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services;
and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
41.05.600
[Title 41 RCW—page 49]
41.05.601
Title 41 RCW: Public Employment, Civil Service, and Pensions
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(c) For all health benefit plans established or renewed on
or after July 1, 2010, coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the health benefit plan imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services. If
the health benefit plan imposes any deductible, mental health
services shall be included with medical and surgical services
for the purpose of meeting the deductible requirement. Treatment limitations or any other financial requirements on coverage for mental health services are only allowed if the same
limitations or requirements are imposed on coverage for
medical and surgical services; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(3) In meeting the requirements of subsection (2)(a) and
(b) of this section, health benefit plans may not reduce the
number of mental health outpatient visits or mental health
inpatient days below the level in effect on July 1, 2002.
(4) This section does not prohibit a requirement that
mental health services be medically necessary as determined
by the medical director or designee, if a comparable requirement is applicable to medical and surgical services.
(5) Nothing in this section shall be construed to prevent
the management of mental health services.
(6) The administrator will consider care management
techniques for mental health services, including but not limited to: (a) Authorized treatment plans; (b) preauthorization
requirements based on the type of service; (c) concurrent and
retrospective utilization review; (d) utilization management
practices; (e) discharge coordination and planning; and (f)
contracting with and using a network of participating providers. [2005 c 6 § 2.]
Findings—Intent—2005 c 6: "The legislature finds that the costs of
leaving mental disorders untreated or undertreated are significant, and often
include: Decreased job productivity, loss of employment, increased disability costs, deteriorating school performance, increased use of other health services, treatment delays leading to more costly treatments, suicide, family
breakdown and impoverishment, and institutionalization, whether in hospitals, juvenile detention, jails, or prisons.
Treatable mental disorders are prevalent and often have a high impact
on health and productive life. The legislature finds that the potential benefits
of improved access to mental health services are significant. Additionally,
the legislature declares that it is not cost-effective to treat persons with mental disorders differently than persons with medical and surgical disorders.
Therefore, the legislature intends to require that insurance coverage be
at parity for mental health services, which means this coverage be delivered
under the same terms and conditions as medical and surgical services."
[2005 c 6 § 1.]
Severability—2005 c 6: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2005 c 6 § 13.]
[Title 41 RCW—page 50]
41.05.601 Mental health services—Rules. The administrator may adopt rules to implement RCW 41.05.600.
[2005 c 6 § 12.]
41.05.601
Findings—Intent—Severability—2005 c 6: See notes following
RCW 41.05.600.
41.05.630 Annual report of customer service complaints and appeals. Beginning in 2011, the state health care
authority must process as a complaint an enrollee’s expression of dissatisfaction about customer service or the quality
or availability of a health service. The agency must require
that each health plan that provides medical insurance offered
under this chapter, including plans created by insuring entities, plans not subject to the provisions of Title 48 RCW, and
plans created under RCW 41.05.140 must submit a summary
of customer service complaints and appeals to the agency to
be included in an annual report to the legislature. Each
annual report must summarize the complaints and appeals
processed by the state health care authority and contracted
carriers in the preceding twelve months, and include an analysis of any trends identified. The report must be complete by
September 30th of each year. [2010 c 293 § 1.]
41.05.630
41.05.650 Community health care collaborative
grant program—Grants—Administrative support—Eligibility. (1) The community health care collaborative grant
program is established to further the efforts of communitybased coalitions to increase access to appropriate, affordable
health care for Washington residents, particularly employed
low-income persons and children in school who are uninsured and underinsured, through local programs addressing
one or more of the following: (a) Access to medical treatment; (b) the efficient use of health care resources; and (c)
quality of care.
(2) Consistent with funds appropriated for community
health care collaborative grants specifically for this purpose,
two-year grants may be awarded pursuant to RCW 41.05.660
by the administrator of the health care authority.
(3) The health care authority shall provide administrative
support for the program. Administrative support activities
may include health care authority facilitation of statewide
discussions regarding best practices and standardized performance measures among grantees, or subcontracting for such
discussions.
(4) Eligibility for community health care collaborative
grants shall be limited to nonprofit organizations established
to serve a defined geographic region or organizations with
public agency status under the jurisdiction of a local, county,
or tribal government. To be eligible, such entities must have
a formal collaborative governance structure and decisionmaking process that includes representation by the following
health care providers: Hospitals, public health, behavioral
health, community health centers, rural health clinics, and
private practitioners that serve low-income persons in the
region, unless there are no such providers within the region,
or providers decline or refuse to participate or place unreasonable conditions on their participation. The nature and format of the application, and the application procedure, shall be
determined by the administrator of the health care authority.
At a minimum, each application shall: (a) Identify the geographic region served by the organization; (b) show how the
41.05.650
(2010 Ed.)
State Civil Service Law
structure and operation of the organization reflects the interests of, and is accountable to, this region and members providing care within this region; (c) indicate the size of the
grant being requested, and how the money will be spent; and
(d) include sufficient information for an evaluation of the
application based on the criteria established in RCW
41.05.660. [2009 c 299 § 1.]
41.05.651
41.05.651 Rules—2009 c 299. The health care authority may adopt rules to implement chapter 299, Laws of 2009.
[2009 c 299 § 4.]
Chapter 41.06
(3) Grants shall be disbursed over a two-year cycle, provided the grant recipient consistently provides timely reports
that demonstrate the program is satisfactorily meeting the
purposes of the grant and the objectives identified in the organization’s application. The requirements for the performance
reports shall be determined by the health care authority
administrator. The performance measures shall be aligned
with the community health care collaborative grant program
goals and, where possible, shall be consistent with statewide
policy trends and outcome measures required by other public
and private grant funders. [2009 c 299 § 2.]
41.05.900 Short title. This chapter shall be known as
the Washington state health care reform act of 1988. [1988 c
107 § 1.]
41.05.900
41.05.660
41.05.660 Community health care collaborative
grant program—Award and disbursement of grants. (1)
The community health care collaborative grants shall be
awarded on a competitive basis based on a determination of
which applicant organization will best serve the purposes of
the grant program established in RCW 41.05.650. In making
this determination, priority for funding shall be given to the
applicants that demonstrate:
(a) The initiatives to be supported by the community
health care collaborative grant are likely to address, in a measurable fashion, documented health care access and quality
improvement goals aligned with state health policy priorities
and needs within the region to be served;
(b) The applicant organization must document formal,
active collaboration among key community partners that
includes local governments, school districts, large and small
businesses, nonprofit organizations, tribal governments, carriers, private health care providers, public health agencies,
and community public health and safety networks, as defined
in RCW 70.190.010;
(c) The applicant organization will match the community
health care collaborative grant with funds from other sources.
The health care authority may award grants solely to organizations providing at least two dollars in matching funds for
each community health care collaborative grant dollar
awarded;
(d) The community health care collaborative grant will
enhance the long-term capacity of the applicant organization
and its members to serve the region’s documented health care
access needs, including the sustainability of the programs to
be supported by the community health care collaborative
grant;
(e) The initiatives to be supported by the community
health care collaborative grant reflect creative, innovative
approaches which complement and enhance existing efforts
to address the needs of the uninsured and underinsured and, if
successful, could be replicated in other areas of the state; and
(f) The programs to be supported by the community
health care collaborative grant make efficient and cost-effective use of available funds through administrative simplification and improvements in the structure and operation of the
health care delivery system.
(2) The administrator of the health care authority shall
endeavor to disburse community health care collaborative
grant funds throughout the state, supporting collaborative initiatives of differing sizes and scales, serving at-risk populations.
(2010 Ed.)
41.05.901 Implementation—Effective dates—1988 c
107. (1) The state health care authority shall be established
and shall take such steps as are necessary to ensure that this
act is fully implemented on October 1, 1988.
There is hereby appropriated for the biennium ending
June 30, 1989, the sum of one million three hundred thousand
dollars, or as much thereof as is necessary, to the office of the
governor from the state employees’ insurance administrative
account, for the purposes of implementing this subsection.
(2) Subsection (1) of this section, RCW 48.14.027 and
82.04.4331, and sections 13 and 31, chapter 107, Laws of
1988 are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect
March 16, 1988.
(3) The remainder of this act shall take effect on October
1, 1988. [1988 c 107 § 36.]
41.05.901
Chapter 41.06
Chapter 41.06 RCW
STATE CIVIL SERVICE LAW
Sections
41.06.010
41.06.020
41.06.022
41.06.030
41.06.040
41.06.070
41.06.071
41.06.072
41.06.073
41.06.074
41.06.075
41.06.076
41.06.077
41.06.079
41.06.080
41.06.082
41.06.083
41.06.084
Declaration of purpose.
Definitions.
"Manager"—Definition.
Department of personnel established.
Scope of chapter.
Exemptions—Right of reversion to civil service status—
Exception.
Department of corrections—Certain personnel exempted from
chapter.
Department of community, trade, and economic development—Certain personnel exempted from chapter.
Department of ecology—Certain personnel exempted from
chapter.
Department of health—Certain personnel exempted from
chapter.
Office of financial management—Certain personnel exempted
from chapter.
Department of social and health services—Certain personnel
exempted from chapter.
Department of veterans affairs—Certain personnel exempted
from chapter.
Department of transportation—Certain personnel exempted
from chapter.
Department of personnel’s services available on request to certain governmental entities—Reimbursement.
Office of minority and women’s business enterprises—Certain
personnel exempted from chapter.
Law revision commission—Personnel exempted from chapter.
Department of agriculture—Certain personnel exempted from
chapter.
[Title 41 RCW—page 51]
41.06.010
41.06.085
41.06.086
41.06.087
41.06.088
41.06.093
41.06.094
41.06.095
41.06.096
41.06.097
41.06.098
41.06.110
41.06.111
41.06.120
41.06.130
41.06.133
41.06.136
41.06.139
41.06.142
41.06.150
41.06.150
41.06.152
41.06.155
41.06.160
41.06.167
41.06.169
41.06.170
41.06.176
41.06.186
41.06.196
41.06.204
41.06.220
41.06.250
41.06.260
41.06.270
41.06.280
41.06.285
41.06.290
41.06.340
41.06.350
41.06.395
41.06.400
41.06.410
Title 41 RCW: Public Employment, Civil Service, and Pensions
World fair commission—Certain personnel exempted from
chapter.
Washington state school directors’ association—Certain personnel exempted from chapter.
Economic and revenue forecast supervisor and staff—Caseload forecast supervisor and staff—Exempted from chapter.
State internship program—Positions exempt from chapter.
Washington state patrol—Certain personnel exempted from
chapter.
Department of information services—Certain personnel
exempted from chapter.
Office of archaeology and historic preservation—Certain personnel exempted from chapter.
Life sciences discovery fund authority—Personnel exempted
from chapter.
Department of early learning—Certain personnel exempted
from chapter.
Puget Sound partnership—Certain personnel exempted from
chapter.
Washington personnel resources board—Created—Term—
Qualifications, conditions—Compensation, travel
expenses—Officers, quorum, records.
Personnel appeals board abolished—Powers, duties, and functions transferred to the Washington personnel resources
board.
Meetings of board—Hearings authorized, notice—Majority to
approve release of findings—Administration of oaths.
Director of personnel—Appointment—Rules—Powers and
duties—Delegation of authority.
Rules of director—Personnel administration—Required
agency report.
Board review of rules affecting classified service—Rules to be
developed—Goals.
Classification system for classified service—Director implements—Rules of the board—Appeals.
Purchasing services by contract—Effect on employees in the
classified service—Criteria to be met—Bidding—Definitions.
Rules of board—Mandatory subjects—Personnel administration.
Rules of director—Mandatory subjects—Personnel administration (as amended by 2002 c 354).
Job classification revisions, class studies, salary adjustments—Limitations.
Salaries—Implementation of changes to achieve comparable
worth.
Classification and salary schedules to consider rates in other
public and private employment—Wage and fringe benefits
surveys—Limited public disclosure exemption.
Compensation surveys required for officers and officer candidates of the Washington state patrol—Limited public disclosure exemption.
Employee performance evaluations—Standardized procedures and forms required to be developed.
Reduction, suspension, dismissal, demotion of employee—
Right to appeal.
Employee performance evaluations—Written notification of
deficiencies.
Employee performance evaluations—Termination of employment—Rules.
Employee performance evaluations—Termination of supervisors tolerating inadequate employee performance.
Use of false academic credentials—Penalties.
Reemployment list—Reinstatement after appeal, guaranteed
rights and benefits.
Political activities.
Conflict with federal requirements—Effect—Rules to conform chapter.
Salary withheld unless employment is in accord with chapter—Certification of payrolls, procedures.
Department of personnel service fund—Created—Charges to
agencies, payment—Use, disbursement.
Higher education personnel service fund.
Personnel subject to chapter 47.64 RCW not affected.
Determination of appropriate bargaining units—Unfair labor
practices provisions applicable to chapter.
Acceptance of federal funds authorized.
Training programs on sexual harassment.
Training and career development programs—Powers and
duties of director.
Agency training and career development plans—Report—
Budget.
[Title 41 RCW—page 52]
41.06.420
41.06.450
41.06.455
41.06.460
41.06.475
41.06.476
41.06.480
41.06.490
41.06.500
41.06.510
41.06.530
41.06.540
41.06.550
41.06.560
41.06.900
41.06.910
41.06.911
41.06.912
Entry-level management training course—Requirements—
Suspension—Waiver—Designation of supervisory or management positions.
Destruction or retention of information relating to employee
misconduct.
Destruction of employee records authorized if consistent with
other laws.
Application of RCW 41.06.450 and 41.06.455 to classified
and exempt employees.
Employees with unsupervised access to children—Rules for
background investigation.
Background investigation rules—Updating.
Background check disqualification—Policy recommendations.
State employee return-to-work program.
Managers—Rules—Goals.
Institutions of higher education—Designation of personnel
officer.
Personnel resource and management policy—Implementation.
Joint employee-management committees.
Volunteer firefighters—Call to duty.
Monetary performance-based awards or incentives—Restrictions.
Short title.
Severability—1961 c 1.
Severability—1975-’76 2nd ex.s. c 43.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Qualifications for persons assessing real property—Examination: RCW
36.21.015.
Sexual misconduct by state employees: RCW 13.40.570 and 72.09.225.
41.06.010 Declaration of purpose. The general purpose of this chapter is to establish for the state a system of
personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, layoff, recruitment, retention, classification and pay plan,
removal, discipline, training and career development, and
welfare of its civil employees, and other incidents of state
employment. All appointments and promotions to positions,
and retention therein, in the state service, shall be made on
the basis of policies hereinafter specified. [1980 c 118 § 1;
1961 c 1 § 1 (Initiative Measure No. 207, approved November 8, 1960).]
41.06.010
Additional notes found at www.leg.wa.gov
41.06.020 Definitions. Unless the context clearly indicates otherwise, the words used in this chapter have the
meaning given in this section.
(1) "Agency" means an office, department, board, commission, or other separate unit or division, however designated, of the state government and all personnel thereof; it
includes any unit of state government established by law, the
executive officer or members of which are either elected or
appointed, upon which the statutes confer powers and impose
duties in connection with operations of either a governmental
or proprietary nature.
(2) "Board" means the Washington personnel resources
board established under the provisions of RCW 41.06.110,
except that this definition does not apply to the words "board"
or "boards" when used in RCW 41.06.070.
(3) "Classified service" means all positions in the state
service subject to the provisions of this chapter.
(4) "Competitive service" means all positions in the classified service for which a competitive examination is
required as a condition precedent to appointment.
(5) "Comparable worth" means the provision of similar
salaries for positions that require or impose similar responsi41.06.020
(2010 Ed.)
State Civil Service Law
bilities, judgments, knowledge, skills, and working conditions.
(6) "Noncompetitive service" means all positions in the
classified service for which a competitive examination is not
required.
(7) "Department" means an agency of government that
has as its governing officer a person, or combination of persons such as a commission, board, or council, by law empowered to operate the agency responsible either to (a) no other
public officer or (b) the governor.
(8) "Career development" means the progressive development of employee capabilities to facilitate productivity,
job satisfaction, and upward mobility through work assignments as well as education and training that are both statesponsored and are achieved by individual employee efforts,
all of which shall be consistent with the needs and obligations
of the state and its agencies.
(9) "Training" means activities designed to develop jobrelated knowledge and skills of employees.
(10) "Director" means the director of personnel
appointed under the provisions of RCW 41.06.130.
(11) "Affirmative action" means a procedure by which
racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and
disabled veterans are provided with increased employment
opportunities. It shall not mean any sort of quota system.
(12) "Institutions of higher education" means the University of Washington, Washington State University, Central
Washington University, Eastern Washington University,
Western Washington University, The Evergreen State College, and the various state community colleges.
(13) "Related boards" means the state board for community and technical colleges; and such other boards, councils,
and commissions related to higher education as may be established. [1993 c 281 § 19. Prior: 1985 c 461 § 1; 1985 c 365
§ 3; 1983 1st ex.s. c 75 § 4; 1982 1st ex.s. c 53 § 1; 1980 c 118
§ 2; 1970 ex.s. c 12 § 1; prior: 1969 ex.s. c 36 § 21; 1969 c
45 § 6; 1967 ex.s. c 8 § 48; 1961 c 1 § 2 (Initiative Measure
No. 207, approved November 8, 1960).]
Additional notes found at www.leg.wa.gov
41.06.022 "Manager"—Definition. For purposes of
this chapter, "manager" means any employee who:
(1) Formulates statewide policy or directs the work of an
agency or agency subdivision;
(2) Is responsible to administer one or more statewide
policies or programs of an agency or agency subdivision;
(3) Manages, administers, and controls a local branch
office of an agency or agency subdivision, including the
physical, financial, or personnel resources;
(4) Has substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets; or
(5) Functionally is above the first level of supervision
and exercises authority that is not merely routine or clerical in
nature and requires the consistent use of independent judgment.
No employee who is a member of the Washington management service may be included in a collective bargaining
41.06.022
(2010 Ed.)
41.06.070
unit established under RCW 41.80.001 and 41.80.010
through 41.80.130. [2002 c 354 § 207; 1993 c 281 § 8.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Additional notes found at www.leg.wa.gov
41.06.030 Department of personnel established. A
department of personnel is hereby established as a separate
agency within the state government. [2002 c 354 § 201; 1993
c 281 § 20; 1961 c 1 § 3 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.030
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Additional notes found at www.leg.wa.gov
41.06.040 Scope of chapter. The provisions of this
chapter apply to:
(1) Each board, commission or other multimember body,
including, but not limited to, those consisting in whole or in
part of elective officers;
(2) Each agency, and each employee and position
therein, not expressly excluded or exempted under the provisions of RCW 41.06.070. [1969 ex.s. c 36 § 22; 1961 c 1 § 4
(Initiative Measure No. 207, approved November 8, 1960).]
41.06.040
41.06.070 Exemptions—Right of reversion to civil
service status—Exception. (1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee
of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee,
statute law committee, and any interim committee of the legislature;
(b) The justices of the supreme court, judges of the court
of appeals, judges of the superior courts or of the inferior
courts, or to any employee of, or position in the judicial
branch of state government;
(c) Officers, academic personnel, and employees of technical colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social
and health services, the director and the director’s confidential secretary; in all other departments, the executive head of
which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory
assistant directors;
(h) In the case of a multimember board, commission, or
committee, whether the members thereof are elected,
appointed by the governor or other authority, serve ex officio,
or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission,
41.06.070
[Title 41 RCW—page 53]
41.06.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
or committee; and the confidential secretary of the chief
executive officer of the board, commission, or committee;
(iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer
or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair
of the board, commission, or committee;
(iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;
(i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the
state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military
service of the state;
(l) Inmate, student, part-time, or temporary employees,
and part-time professional consultants, as defined by the
Washington personnel resources board;
(m) The public printer or to any employees of or positions in the state printing plant;
(n) Officers and employees of the Washington state fruit
commission;
(o) Officers and employees of the Washington apple
commission;
(p) Officers and employees of the Washington state dairy
products commission;
(q) Officers and employees of the Washington tree fruit
research commission;
(r) Officers and employees of the Washington state beef
commission;
(s) Officers and employees of the Washington grain
commission;
(t) Officers and employees of any commission formed
under chapter 15.66 RCW;
(u) Officers and employees of agricultural commissions
formed under chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation
formed under *chapter 67.40 RCW;
(w) Executive assistants for personnel administration
and labor relations in all state agencies employing such executive assistants including but not limited to all departments,
offices, commissions, committees, boards, or other bodies
subject to the provisions of this chapter and this subsection
shall prevail over any provision of law inconsistent herewith
unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors,
and not more than three principal policy assistants who report
directly to the agency head or deputy agency heads;
(y) All employees of the marine employees’ commission;
(z) Staff employed by the department of commerce to
administer energy policy functions;
(aa) The manager of the energy facility site evaluation
council;
(bb) A maximum of ten staff employed by the department of commerce to administer innovation and policy functions, including the three principal policy assistants exempted
under (x) of this subsection;
[Title 41 RCW—page 54]
(cc) Staff employed by Washington State University to
administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in
RCW 28B.30.900(5).
(2) The following classifications, positions, and employees of institutions of higher education and related boards are
hereby exempted from coverage of this chapter:
(a) Members of the governing board of each institution
of higher education and related boards, all presidents, vice
presidents, and their confidential secretaries, administrative,
and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher
education; principal assistants to executive heads of major
administrative or academic divisions; other managerial or
professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources
and program results, or for the formulation of institutional
policy, or for carrying out personnel administration or labor
relations functions, legislative relations, public information,
development, senior computer systems and network programming, or internal audits and investigations; and any
employee of a community college district whose place of
work is one which is physically located outside the state of
Washington and who is employed pursuant to RCW
28B.50.092 and assigned to an educational program operating outside of the state of Washington;
(b) The governing board of each institution, and related
boards, may also exempt from this chapter classifications
involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation
or special training as determined by the board: PROVIDED,
That no nonacademic employee engaged in office, clerical,
maintenance, or food and trade services may be exempted by
the board under this provision;
(c) Printing craft employees in the department of printing
at the University of Washington.
(3) In addition to the exemptions specifically provided
by this chapter, the director of personnel may provide for further exemptions pursuant to the following procedures. The
governor or other appropriate elected official may submit
requests for exemption to the director of personnel stating the
reasons for requesting such exemptions. The director of personnel shall hold a public hearing, after proper notice, on
requests submitted pursuant to this subsection. If the director
determines that the position for which exemption is requested
is one involving substantial responsibility for the formulation
of basic agency or executive policy or one involving directing and controlling program operations of an agency or a
major administrative division thereof, the director of personnel shall grant the request and such determination shall be
final as to any decision made before July 1, 1993. The total
number of additional exemptions permitted under this subsection shall not exceed one percent of the number of
employees in the classified service not including employees
of institutions of higher education and related boards for
those agencies not directly under the authority of any elected
public official other than the governor, and shall not exceed a
(2010 Ed.)
State Civil Service Law
total of twenty-five for all agencies under the authority of
elected public officials other than the governor.
The salary and fringe benefits of all positions presently
or hereafter exempted except for the chief executive officer
of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in
the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v) and (y) and (2)
of this section, shall be determined by the director of personnel. Changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary
increases resulting from adjustments to the classification plan
as outlined in RCW 41.06.152.
From February 18, 2009, through June 30, 2011, a salary
or wage increase shall not be granted to any position exempt
from classification under this chapter, except that a salary or
wage increase may be granted to employees pursuant to collective bargaining agreements negotiated under chapter
28B.52, 41.56, 47.64, or 41.76 RCW, or negotiated by the
nonprofit corporation formed under *chapter 67.40 RCW,
and except that increases may be granted for positions for
which the employer has demonstrated difficulty retaining
qualified employees if the following conditions are met:
(a) The salary increase can be paid within existing
resources; and
(b) The salary increase will not adversely impact the provision of client services.
Any agency granting a salary increase from February 15,
2010, through June 30, 2011, to a position exempt from classification under this chapter shall submit a report to the fiscal
committees of the legislature no later than July 31, 2011,
detailing the positions for which salary increases were
granted, the size of the increases, and the reasons for giving
the increases.
Any person holding a classified position subject to the
provisions of this chapter shall, when and if such position is
subsequently exempted from the application of this chapter,
be afforded the following rights: If such person previously
held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
Any classified employee having civil service status in a
classified position who accepts an appointment in an exempt
position shall have the right of reversion to the highest class
of position previously held, or to a position of similar nature
and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance
does not have the right of reversion to a classified position as
provided for in this section.
From February 15, 2010, until June 30, 2011, no monetary performance-based awards or incentives may be granted
by the director or employers to employees covered by rules
adopted under this section. This subsection does not prohibit
the payment of awards provided for in chapter 41.60 RCW.
[2010 c 271 § 801; 2010 c 2 § 2; 2010 c 1 § 1. Prior: 2009 c
33 § 36; 2009 c 5 § 1; 2002 c 354 § 209; 1998 c 245 § 40;
prior: 1996 c 319 § 3; 1996 c 288 § 33; 1996 c 186 § 109;
1995 c 163 § 1; 1994 c 264 § 13; prior: 1993 sp.s. c 2 § 15;
1993 c 379 § 306; 1993 c 281 § 21; 1990 c 60 § 101; 1989 c
(2010 Ed.)
41.06.070
96 § 8; 1987 c 389 § 2; 1985 c 221 § 1; 1984 c 210 § 2; 1983
c 15 § 21; 1982 1st ex.s. c 53 § 2; 1981 c 225 § 2; 1980 c 87
§ 14; 1973 1st ex.s. c 133 § 1; 1972 ex.s. c 11 § 1; prior: 1971
ex.s. c 209 § 1; 1971 ex.s. c 59 § 1; 1971 c 81 § 100; 1969
ex.s. c 36 § 23; 1967 ex.s. c 8 § 47; 1961 c 179 § 1; 1961 c 1
§ 7 (Initiative Measure No. 207, approved November 8,
1960).]
Reviser’s note: *(1) Subject to the contingent effective date set forth in
2010 1st sp.s. c 15 § 16, chapter 67.40 RCW was repealed by 2010 1st sp.s.
c 15 § 14.
(2) This section was amended by 2010 c 1 § 1, 2010 c 2 § 2, and by
2010 c 271 § 801, each without reference to the other. All amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Purpose—Effective date—2010 c 271: See notes following RCW
43.330.005.
Findings—2010 c 2: "The legislature finds that the current economic
crisis is requiring sacrifices by citizens and businesses all across the state.
The legislature acknowledges the sacrifices also being made by the many
state employees who have volunteered for unpaid furlough days including
those, such as our ferry workers, who volunteered for pay freezes. The
recession requires us to continue to find every possible cost savings while
striving to continue to deliver key services to our citizens. Therefore, the
legislature finds it necessary to immediately suspend recognition awards
given to state employees. Until the economic climate permits the resumption
of appropriate cash awards, the legislature encourages supervisors throughout state agencies to look for nonmonetary ways to acknowledge outstanding
contributions to Washington’s citizens by our state’s civil servants." [2010
c 2 § 1.]
Effective date—2010 c 2: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 15, 2010]." [2010 c 2 § 7.]
Effective date—2010 c 1: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 15, 2010]." [2010 c 1 § 9.]
Effective date—2009 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 18, 2009]." [2009 c 5 § 13.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
County road administration board: RCW 36.78.060.
State agencies and departments—Certain personnel exempted from chapter
basic health plan: RCW 70.47.040.
board of health: RCW 43.20.030.
caseload forecast supervisor and staff: RCW 41.06.087.
center for volunteerism and citizen service: RCW 43.150.040.
Columbia River Gorge commission: RCW 43.97.015.
commission on judicial conduct: RCW 2.64.050.
council for children and families: RCW 43.121.040.
department of
agriculture: RCW 41.06.084.
corrections: RCW 41.06.071.
ecology: RCW 41.06.073, 43.21A.100.
general administration, supervisor of motor transport: RCW 43.19.585.
health: RCW 43.70.020.
information services: RCW 41.06.094.
retirement systems: RCW 41.50.070.
services for the blind: RCW 74.18.050.
social and health services: RCW 43.20A.090.
transportation: RCW 41.06.079, 47.01.081.
veterans affairs: RCW 41.06.077.
economic and revenue forecast supervisor and staff: RCW 41.06.087.
gambling commission: RCW 9.46.080.
[Title 41 RCW—page 55]
41.06.071
Title 41 RCW: Public Employment, Civil Service, and Pensions
law revision commission: RCW 41.06.083.
office of
administrative hearings: RCW 34.12.030.
financial management: RCW 41.06.075, 43.41.080.
minority and women’s business enterprises: RCW 39.19.030.
state actuary: RCW 44.44.030.
state internship program: RCW 41.06.088.
state investment board: RCW 43.33A.100.
state lottery commission: RCW 67.70.050.
state school directors’ association: RCW 41.06.086.
state treasurer: RCW 43.08.120.
state veterinarian: RCW 41.06.084.
superintendent of public instruction: RCW 28A.300.020.
Washington conservation corps: RCW 43.220.070.
Washington service corps: RCW 50.65.110.
Washington state patrol, drug control assistance unit: RCW 43.43.640.
world fair commission: RCW 41.06.085.
youth development and conservation corps: RCW 79A.05.520.
Additional notes found at www.leg.wa.gov
41.06.071 Department of corrections—Certain personnel exempted from chapter. In addition to the exemptions provided under RCW 41.06.070, the provisions of this
chapter shall not apply in the department of corrections to the
secretary, the secretary’s personal secretary, the deputy secretaries and their personal secretaries, all assistant deputy
secretaries and their personal secretaries, all regional administrators and program administrators, all facility superintendents and associate superintendents for facilities with a resident capacity of fifty or more, and all management and sales
staff of correctional industries. [1999 c 122 § 1; 1989 c 185
§ 1; 1983 c 175 § 1; 1981 c 136 § 28.]
41.06.071
Additional notes found at www.leg.wa.gov
41.06.072 Department of community, trade, and economic development—Certain personnel exempted from
chapter. In addition to the exemptions set forth in this chapter, this chapter shall not apply within the *department of
community, trade, and economic development to the director,
one confidential secretary, the deputy directors, all assistant
directors, the state historic preservation officer, and up to two
professional staff members within the emergency management program. [1995 c 399 § 59; 1986 c 266 § 8.]
41.06.072
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
41.06.075 Office of financial management—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the office of financial management to the director, his confidential secretary, not to exceed
two deputy directors and not to exceed seven assistant directors. [1979 c 151 § 56; 1969 ex.s. c 239 § 7.]
41.06.075
Office of financial management: Chapter 43.41 RCW.
41.06.076 Department of social and health services—
Certain personnel exempted from chapter. In addition to
the exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the department of social and
health services to the secretary; the secretary’s executive
assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors; one confidential secretary for each of the above-named officers; not to
exceed six bureau chiefs; *all social worker V positions; and
all superintendents of institutions of which the average daily
population equals or exceeds one hundred residents: PROVIDED, That each such confidential secretary must meet the
minimum qualifications for the class of secretary II as determined by the Washington personnel resources board.
*This section expires June 30, 2005. [1997 c 386 § 1;
1993 c 281 § 22; 1980 c 73 § 1; 1970 ex.s. c 18 § 8.]
41.06.076
*Reviser’s note: The sentence "This section expires June 30, 2005."
was added to RCW 41.06.076 by 1997 c 386 § 1. While the phrase "This
section expires ..." generally indicates that the entire section expires on the
date given, in this case the apparent intent of 1997 c 386 § 1 was to expire
only the phrase "all social worker V positions;" which was also added to the
section by 1997 c 386 § 1.
Additional notes found at www.leg.wa.gov
41.06.077 Department of veterans affairs—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the department of veterans
affairs to the director, the deputy director, no more than two
assistant directors, a confidential secretary for the deputy
director, and a confidential secretary for each assistant director. [2001 c 84 § 1; 1975-’76 2nd ex.s. c 115 § 7.]
41.06.077
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
41.06.079 Department of transportation—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the department of transportation to the secretary, a deputy secretary, an administrative
assistant to the secretary, if any, one assistant secretary for
each division designated pursuant to RCW 47.01.081, one
confidential secretary for each of the above-named officers,
up to six transportation district administrators and one confidential secretary for each district administrator, up to six
additional new administrators or confidential secretaries designated by the secretary of the department of transportation
and approved by the Washington personnel resources board
pursuant to the provisions of RCW 41.06.070, the legislative
liaison for the department, the state construction engineer, the
state aid engineer, the personnel manager, the state project
development engineer, the state maintenance and operations
engineer, one confidential secretary for each of the last41.06.079
41.06.073 Department of ecology—Certain personnel exempted from chapter. In addition to the exemptions
set forth in RCW 41.06.070, the provisions of this chapter
shall not apply in the department of ecology to the director,
his confidential secretary, his deputy director, and not to
exceed six assistant directors. [1970 ex.s. c 62 § 11.]
41.06.073
Additional notes found at www.leg.wa.gov
41.06.074 Department of health—Certain personnel
exempted from chapter. In addition to the exemptions
under RCW 41.06.070, the provisions of this chapter shall
not apply in the department of health to any deputy secretary,
assistant secretary, or person who administers the necessary
divisions, offices, bureaus, and programs and five additional
positions involved in policy or program direction. [1989 1st
ex.s. c 9 § 813.]
41.06.074
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 56]
(2010 Ed.)
State Civil Service Law
41.06.096
named five positions, and a confidential secretary for the
public affairs administrator. The individuals appointed under
this section shall be exempt from the provisions of the state
civil service law, and shall be paid salaries to be fixed by the
governor in accordance with the procedure established by
law for the fixing of salaries for individuals exempt from the
operation of the state civil service law. [2002 c 354 § 239;
1993 c 281 § 23; 1985 c 178 § 1; 1977 ex.s. c 151 § 13.]
41.06.086 Washington state school directors’ association—Certain personnel exempted from chapter. In
addition to the exemptions set forth in RCW 41.06.070, the
provisions of this chapter shall not apply to officers and
employees of the Washington state school directors’ association. [1983 c 187 § 5.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
41.06.087 Economic and revenue forecast supervisor
and staff—Caseload forecast supervisor and staff—
Exempted from chapter. In addition to the exemptions set
forth in RCW 41.06.070, this chapter does not apply to the
economic and revenue forecast supervisor and staff
employed under RCW 82.33.010 or the caseload forecast
supervisor and staff employed under RCW 43.88C.010.
[1997 c 168 § 4; 1990 c 229 § 3; 1984 c 138 § 2.]
*Reviser’s note: "section 3 of this 1977 amendatory act" is codified as
RCW 47.01.031.
Additional notes found at www.leg.wa.gov
41.06.080 Department of personnel’s services available on request to certain governmental entities—Reimbursement. Notwithstanding the provisions of this chapter,
the department of personnel may make its services available
on request, on a reimbursable basis, to:
(1) Either the legislative or the judicial branch of the
state government;
(2) Any county, city, town, or other municipal subdivision of the state;
(3) The institutions of higher learning;
(4) Any agency, class, or position set forth in RCW
41.06.070. [1970 ex.s. c 12 § 2. Prior: 1969 ex.s. c 152 § 2;
1969 c 45 § 5; 1961 c 1 § 8 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.080
41.06.082 Office of minority and women’s business
enterprises—Certain personnel exempted from chapter.
In addition to the exemptions set forth in RCW 41.06.070,
this chapter shall not apply in the office of minority and
women’s business enterprises to the director, the director’s
confidential secretary, and the deputy director. [1983 c 120 §
14.]
41.06.082
Additional notes found at www.leg.wa.gov
41.06.083 Law revision commission—Personnel
exempted from chapter. The provisions of this chapter do
not apply to any position in or employee of the Washington
law revision commission. [1982 c 183 § 10.]
41.06.083
41.06.084 Department of agriculture—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of agriculture to the
director, the director’s confidential secretary, the deputy
director, not more than eight assistant directors, the state veterinarian, and the milk pooling administrator employed under
RCW 15.35.100. [1992 c 58 § 3; 1990 c 37 § 2; 1983 c 248
§ 11.]
41.06.084
41.06.085 World fair commission—Certain personnel exempted from chapter. In addition to the exemptions
set forth in RCW 41.06.070, the provisions of this chapter
shall not apply to the executive director and one confidential
secretary of the world fair commission created in chapter
177, Laws of 1983. [1983 c 177 § 6.]
41.06.086
Additional notes found at www.leg.wa.gov
41.06.087
Additional notes found at www.leg.wa.gov
41.06.088 State internship program—Positions
exempt from chapter. This chapter does not apply to positions under the state internship program established under
RCW 43.06.410. [1985 c 442 § 8.]
41.06.088
Additional notes found at www.leg.wa.gov
41.06.093 Washington state patrol—Certain personnel exempted from chapter. In addition to the exemptions
set forth in RCW 41.06.070, the provisions of this chapter
shall not apply in the Washington state patrol to confidential
secretaries of agency bureau chiefs, or their functional equivalent, and a confidential secretary for the chief of staff: PROVIDED, That each confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the Washington personnel resources board. [1993
c 281 § 24; 1990 c 14 § 1.]
41.06.093
Additional notes found at www.leg.wa.gov
41.06.094 Department of information services—Certain personnel exempted from chapter. In addition to the
exemptions under RCW 41.06.070, the provisions of this
chapter shall not apply in the department of information services to up to twelve positions in the planning component
involved in policy development and/or senior professionals.
[1987 c 504 § 7.]
41.06.094
Additional notes found at www.leg.wa.gov
41.06.095 Office of archaeology and historic preservation—Certain personnel exempted from chapter. In
addition to the exemptions under RCW 41.06.070, this chapter does not apply in the department of archaeology and historic preservation to the director, the director’s personal secretary, the deputy director, all division directors and assistant
directors, and one confidential secretary for each of these
officers. [2005 c 333 § 9.]
41.06.095
41.06.085
(2010 Ed.)
41.06.096 Life sciences discovery fund authority—
Personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, this chapter does not
apply to employees of the life sciences discovery fund
authority under chapter 43.350 RCW. [2005 c 424 § 14.]
41.06.096
[Title 41 RCW—page 57]
41.06.097
Title 41 RCW: Public Employment, Civil Service, and Pensions
Captions not law—Liberal construction—Severability—Effective
dates—2005 c 424: See RCW 43.350.900 through 43.350.903.
41.06.097 Department of early learning—Certain
personnel exempted from chapter. In addition to the
exemptions under RCW 41.06.070, the provisions of this
chapter shall not apply in the department of early learning to
the director, the director’s personal secretary, and any other
exempt staff members provided for in RCW 43.215.030(2).
[2006 c 265 § 110.]
41.06.097
Part headings not law—Effective date—Severability—2006 c 265:
See RCW 43.215.904 through 43.215.906.
69; 1982 c 10 § 8. Prior: 1981 c 338 § 20; 1981 c 311 § 16;
1977 c 6 § 2; prior: 1975-’76 2nd ex.s. c 43 § 1; 1975-’76 2nd
ex.s. c 34 § 86; 1961 c 1 § 11 (Initiative Measure No. 207,
approved November 8, 1960).]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Adoption of rules for leave sharing program: RCW 41.04.670.
Appointment and compensation of institutional chaplains: RCW 72.01.210.
Additional notes found at www.leg.wa.gov
41.06.111 Personnel appeals board abolished—Powers, duties, and functions transferred to the Washington
personnel resources board. (1) The personnel appeals
board is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington personnel
resources board. All references to the executive secretary or
the personnel appeals board in the Revised Code of Washington shall be construed to mean the director of the department
of personnel or the Washington personnel resources board.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the personnel appeals board shall be delivered to the custody of the
department of personnel. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed
by the personnel appeals board shall be made available to the
department of personnel. All funds, credits, leases, or other
assets held by the personnel appeals board shall be assigned
to the department of personnel.
(b) Any appropriations made to the personnel appeals
board shall, on July 1, 2006, be transferred and credited to the
department of personnel.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise
of the powers and the performance of the duties and functions
transferred, the director of financial management shall make
a determination as to the proper allocation and certify the
same to the state agencies concerned.
(3) All employees of the personnel appeals board are
transferred to the jurisdiction of the department of personnel.
All employees classified under chapter 41.06 RCW, the state
civil service law, are assigned to the department of personnel
to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that
may be appropriate thereafter in accordance with the laws
and rules governing state civil service.
(4) All rules and all pending business before the personnel appeals board shall be continued and acted upon by the
Washington personnel resources board. All existing contracts
and obligations shall remain in full force and shall be performed by the department of personnel.
(5) The transfer of the powers, duties, functions, and personnel of the personnel appeals board shall not affect the
validity of any act performed before July 1, 2006.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjust41.06.111
41.06.098 Puget Sound partnership—Certain personnel exempted from chapter. In addition to the exemptions under RCW 41.06.070, the provisions of this chapter
shall not apply in the Puget Sound partnership to the executive director, to one confidential secretary, and to all professional staff. [2007 c 341 § 45.]
41.06.098
Severability—Effective date—2007 c 341: See RCW 90.71.906 and
90.71.907.
41.06.110 Washington personnel resources board—
Created—Term—Qualifications, conditions—Compensation, travel expenses—Officers, quorum, records. (1)
There is hereby created a Washington personnel resources
board composed of three members appointed by the governor, subject to confirmation by the senate. The members of
the personnel board serving June 30, 1993, shall be the members of the Washington personnel resources board, and they
shall complete their terms as under the personnel board. Each
odd-numbered year thereafter the governor shall appoint a
member for a six-year term. Each member shall continue to
hold office after the expiration of the member’s term until a
successor has been appointed. Persons so appointed shall
have clearly demonstrated an interest and belief in the merit
principle, shall not hold any other employment with the state,
shall not have been an officer of a political party for a period
of one year immediately prior to such appointment, and shall
not be or become a candidate for partisan elective public
office during the term to which they are appointed;
(2) Each member of the board shall be compensated in
accordance with RCW 43.03.250. The members of the board
may receive any number of daily payments for official meetings of the board actually attended. Members of the board
shall also be reimbursed for travel expenses incurred in the
discharge of their official duties in accordance with RCW
43.03.050 and 43.03.060.
(3) At its first meeting following the appointment of all
of its members, and annually thereafter, the board shall elect
a chair and vice-chair from among its members to serve one
year. The presence of at least two members of the board shall
constitute a quorum to transact business. A written public
record shall be kept by the board of all actions of the board.
The director of personnel shall serve as secretary.
(4) The board may appoint and compensate hearing
officers to hear and conduct appeals. Such compensation
shall be paid on a contractual basis for each hearing, in accordance with the provisions of chapter 43.88 RCW and rules
adopted pursuant thereto, as they relate to personal service
contracts. [2002 c 354 § 210; 1993 c 281 § 25; 1984 c 287 §
41.06.110
[Title 41 RCW—page 58]
(2010 Ed.)
State Civil Service Law
ments in funds and appropriation accounts and equipment
records in accordance with the certification. [2002 c 354 §
233.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.120 Meetings of board—Hearings authorized,
notice—Majority to approve release of findings—Administration of oaths. (1) In the necessary conduct of its work,
the board shall meet monthly unless there is no pending business requiring board action and may hold hearings, such
hearings to be called by (a) the chairman of the board, or (b)
a majority of the members of the board. An official notice of
the calling of the hearing shall be filed with the secretary, and
all members shall be notified of the hearing within a reasonable period of time prior to its convening.
(2) No release of material or statement of findings shall
be made except with the approval of a majority of the board;
(3) In the conduct of hearings or investigations, a member of the board or the director of personnel, or the hearing
officer, may administer oaths. [1981 c 311 § 17; 1975-’76
2nd ex.s. c 43 § 2; 1961 c 1 § 12 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.120
41.06.130 Director of personnel—Appointment—
Rules—Powers and duties—Delegation of authority. The
office of director of personnel is hereby established.
(1) The director of personnel shall be appointed by the
governor. The governor shall consult with, but shall not be
obligated by recommendations of the board. The director’s
appointment shall be subject to confirmation by the senate.
(2) The director of personnel shall serve at the pleasure
of the governor.
(3) The director of personnel shall direct and supervise
all the department of personnel’s administrative and technical
activities in accordance with the provisions of this chapter
and the rules adopted under it. The director shall prepare for
consideration by the board proposed rules required by this
chapter. The director’s salary shall be fixed by the governor.
(4) The director of personnel may delegate to any agency
the authority to perform administrative and technical personnel activities if the agency requests such authority and the
director of personnel is satisfied that the agency has the personnel management capabilities to effectively perform the
delegated activities. The director of personnel shall prescribe
standards and guidelines for the performance of delegated
activities. If the director of personnel determines that an
agency is not performing delegated activities within the prescribed standards and guidelines, the director shall withdraw
the authority from the agency to perform such activities.
[1993 c 281 § 26; 1982 1st ex.s. c 53 § 3; 1961 c 1 § 13 (Initiative Measure No. 207, approved November 8, 1960).]
41.06.130
Requests for nonconviction criminal history fingerprint record checks for
agency heads: RCW 43.06.013.
Additional notes found at www.leg.wa.gov
41.06.133 Rules of director—Personnel administration—Required agency report. (1) The director shall adopt
rules, consistent with the purposes and provisions of this
chapter and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
41.06.133
(2010 Ed.)
41.06.133
(a) The reduction, dismissal, suspension, or demotion of
an employee;
(b) Training and career development;
(c) Probationary periods of six to twelve months and
rejections of probationary employees, depending on the job
requirements of the class, except that entry level state park
rangers shall serve a probationary period of twelve months;
(d) Transfers;
(e) Promotional preferences;
(f) Sick leaves and vacations;
(g) Hours of work;
(h) Layoffs when necessary and subsequent reemployment, except for the financial basis for layoffs;
(i) The number of names to be certified for vacancies;
(j) Adoption and revision of a state salary schedule to
reflect the prevailing rates in Washington state private industries and other governmental units. The rates in the salary
schedules or plans shall be increased if necessary to attain
comparable worth under an implementation plan under RCW
41.06.155 and, for institutions of higher education and related
boards, shall be competitive for positions of a similar nature
in the state or the locality in which an institution of higher
education or related board is located. Such adoption and
revision is subject to approval by the director of financial
management in accordance with chapter 43.88 RCW;
(k) Increment increases within the series of steps for
each pay grade based on length of service for all employees
whose standards of performance are such as to permit them to
retain job status in the classified service. From February 18,
2009, through June 30, 2011, a salary or wage increase shall
not be granted to any exempt position under this chapter,
except that a salary or wage increase may be granted to
employees pursuant to collective bargaining agreements
negotiated under chapter 28B.52, 41.56, 47.64, or 41.76
RCW, or negotiated by the nonprofit corporation formed
under *chapter 67.40 RCW, and except that increases may be
granted for positions for which the employer has demonstrated difficulty retaining qualified employees if the following conditions are met:
(i) The salary increase can be paid within existing
resources; and
(ii) The salary increase will not adversely impact the provision of client services;
Any agency granting a salary increase from February 15,
2010, through June 30, 2011, to a position exempt under this
chapter shall submit a report to the fiscal committees of the
legislature no later than July 31, 2011, detailing the positions
for which salary increases were granted, the size of the
increases, and the reasons for giving the increases;
(l) Optional lump sum relocation compensation
approved by the agency director, whenever it is reasonably
necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An agency
must provide lump sum compensation within existing
resources. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other
than layoff, disability separation, or other good cause as
determined by an agency director, within one year of the date
of the employment, the state is entitled to reimbursement of
the lump sum compensation from the person;
[Title 41 RCW—page 59]
41.06.136
Title 41 RCW: Public Employment, Civil Service, and Pensions
(m) Providing for veteran’s preference as required by
existing statutes, with recognition of preference in regard to
layoffs and subsequent reemployment for veterans and their
surviving spouses by giving such eligible veterans and their
surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the
director, the veteran’s service in the military not to exceed
five years. For the purposes of this section, "veteran" means
any person who has one or more years of active military service in any branch of the armed forces of the United States or
who has less than one year’s service and is discharged with a
disability incurred in the line of duty or is discharged at the
convenience of the government and who, upon termination of
such service, has received an honorable discharge, a discharge for physical reasons with an honorable record, or a
release from active military service with evidence of service
other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given. However, the surviving
spouse of a veteran is entitled to the benefits of this section
regardless of the veteran’s length of active military service.
For the purposes of this section, "veteran" does not include
any person who has voluntarily retired with twenty or more
years of active military service and whose military retirement
pay is in excess of five hundred dollars per month.
(2) Rules adopted under this section by the director shall
provide for local administration and management by the
institutions of higher education and related boards, subject to
periodic audit and review by the director.
(3) Rules adopted by the director under this section may
be superseded by the provisions of a collective bargaining
agreement negotiated under RCW 41.80.001 and 41.80.010
through 41.80.130. The supersession of such rules shall only
affect employees in the respective collective bargaining
units.
(4)(a) The director shall require that each state agency
report annually the following data:
(i) The number of classified, Washington management
service, and exempt employees in the agency and the change
compared to the previous report;
(ii) The number of bonuses and performance-based
incentives awarded to agency staff and the base wages of
such employees; and
(iii) The cost of each bonus or incentive awarded.
(b) A report that compiles the data in (a) of this subsection for all agencies will be provided annually to the governor
and the appropriate committees of the legislature and must be
posted for the public on the department of personnel’s agency
web site.
(5) From February 15, 2010, until June 30, 2011, no
monetary performance-based awards or incentives may be
granted by the director or employers to employees covered
by rules adopted under this section. This subsection does not
prohibit the payment of awards provided for in chapter 41.60
RCW. [2010 c 2 § 3; 2010 c 1 § 2. Prior: 2009 c 534 § 2;
2009 c 5 § 2; 2002 c 354 § 204.]
Reviser’s note: *(1) Subject to the contingent effective date set forth in
2010 1st sp.s. c 15 § 16, chapter 67.40 RCW was repealed by 2010 1st sp.s.
c 15 § 14.
(2) This section was amended by 2010 c 1 § 2 and by 2010 c 2 § 3, each
without reference to the other. Both amendments are incorporated in the
publication of this section under RCW 1.12.025(2). For rule of construction,
see RCW 1.12.025(1).
[Title 41 RCW—page 60]
Findings—Effective date—2010 c 2: See notes following RCW
41.06.070.
Effective date—2010 c 1: See note following RCW 41.06.070.
Finding—Intent—2009 c 534: "The legislature finds that information
technologies have substantially altered the roles and responsibilities of
employees in many state agencies since the creation of the Washington management service. With the understanding that the current economic crisis
dictates finding every possible efficiency, the legislature intends to review
the state’s senior management and exempt services and understands that possible refinements in the service are needed. A review, in consultation with
the various stakeholders and in light of current best practices, is warranted."
[2009 c 534 § 1.]
Effective date—2009 c 5: See note following RCW 41.06.070.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.136 Board review of rules affecting classified
service—Rules to be developed—Goals. (1) The board
shall conduct a comprehensive review of all rules in effect on
June 13, 2002, governing the classification, allocation, and
reallocation of positions within the classified service. In conducting this review, the board shall consult with state agencies, institutions of higher education, employee organizations, and members of the general public. The department
shall assist the board in the conduct of this review, which
shall be completed by the board no later than July 1, 2003.
(2) By March 15, 2004, the board shall adopt new rules
governing the classification, allocation, and reallocation of
positions in the classified service. In adopting such rules, the
board shall adhere to the following goals:
(a) To improve the effectiveness and efficiency of the
delivery of services to the citizens of the state through the use
of current personnel management processes and to promote a
workplace where the overall focus is on the recipient of governmental services;
(b) To develop a simplified classification system that
will substantially reduce the number of job classifications in
the classified service and facilitate the most effective use of
the state personnel resources;
(c) To develop a classification system to permit state
agencies to respond flexibly to changing technologies, economic and social conditions, and the needs of its citizens;
(d) To value workplace diversity;
(e) To facilitate the reorganization and decentralization
of governmental services; and
(f) To enhance mobility and career advancement opportunities.
(3) Rules adopted by the board under subsection (2) of
this section shall permit an appointing authority and an
employee organization representing classified employees of
the appointing authority for collective bargaining purposes to
make a joint request for the initiation of a classification study.
[2002 c 354 § 205.]
41.06.136
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
41.06.139 Classification system for classified service—Director implements—Rules of the board—
Appeals. In accordance with rules adopted by the board
under RCW 41.06.136, the director shall, by January 1, 2005,
begin to implement a new classification system for positions
in the classified service. Any employee who believes that the
director has incorrectly applied the rules of the board in deter41.06.139
(2010 Ed.)
State Civil Service Law
mining a job classification for a job held by that employee
may appeal the director’s decision to the board by filing a
notice in writing within thirty days of the action from which
the appeal is taken. Decisions of the board concerning such
appeals are final and not subject to further appeal. [2002 c
354 § 206.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
41.06.142 Purchasing services by contract—Effect
on employees in the classified service—Criteria to be
met—Bidding—Definitions. (1) Any department, agency,
or institution of higher education may purchase services,
including services that have been customarily and historically
provided by employees in the classified service under this
chapter, by contracting with individuals, nonprofit organizations, businesses, employee business units, or other entities if
the following criteria are met:
(a) The invitation for bid or request for proposal contains
measurable standards for the performance of the contract;
(b) Employees in the classified service whose positions
or work would be displaced by the contract are provided an
opportunity to offer alternatives to purchasing services by
contract and, if these alternatives are not accepted, compete
for the contract under competitive contracting procedures in
subsection (4) of this section;
(c) The contract with an entity other than an employee
business unit includes a provision requiring the entity to consider employment of state employees who may be displaced
by the contract;
(d) The department, agency, or institution of higher education has established a contract monitoring process to measure contract performance, costs, service delivery quality,
and other contract standards, and to cancel contracts that do
not meet those standards; and
(e) The department, agency, or institution of higher education has determined that the contract results in savings or
efficiency improvements. The contracting agency must consider the consequences and potential mitigation of improper
or failed performance by the contractor.
(2) Any provision contrary to or in conflict with this section in any collective bargaining agreement in effect on July
1, 2005, is not effective beyond the expiration date of the
agreement.
(3) Contracting for services that is expressly mandated
by the legislature or was authorized by law prior to July 1,
2005, including contracts and agreements between public
entities, shall not be subject to the processes set forth in subsections (1), (4), and (5) of this section.
(4) Competitive contracting shall be implemented as follows:
(a) At least ninety days prior to the date the contracting
agency requests bids from private entities for a contract for
services provided by classified employees, the contracting
agency shall notify the classified employees whose positions
or work would be displaced by the contract. The employees
shall have sixty days from the date of notification to offer
alternatives to purchasing services by contract, and the
agency shall consider the alternatives before requesting bids.
(b) If the employees decide to compete for the contract,
they shall notify the contracting agency of their decision.
41.06.142
(2010 Ed.)
41.06.150
Employees must form one or more employee business units
for the purpose of submitting a bid or bids to perform the services.
(c) The director of personnel, with the advice and assistance of the department of general administration, shall
develop and make available to employee business units training in the bidding process and general bid preparation.
(d) The director of general administration, with the
advice and assistance of the department of personnel, shall,
by rule, establish procedures to ensure that bids are submitted
and evaluated in a fair and objective manner and that there
exists a competitive market for the service. Such rules shall
include, but not be limited to: (i) Prohibitions against participation in the bid evaluation process by employees who prepared the business unit’s bid or who perform any of the services to be contracted; (ii) provisions to ensure no bidder
receives an advantage over other bidders and that bid requirements are applied equitably to all parties; and (iii) procedures
that require the contracting agency to receive complaints
regarding the bidding process and to consider them before
awarding the contract. Appeal of an agency’s actions under
this subsection is an adjudicative proceeding and subject to
the applicable provisions of chapter 34.05 RCW, the administrative procedure act, with the final decision to be rendered
by an administrative law judge assigned under chapter 34.12
RCW.
(e) An employee business unit’s bid must include the
fully allocated costs of the service, including the cost of the
employees’ salaries and benefits, space, equipment, materials, and other costs necessary to perform the function. An
employee business unit’s cost shall not include the state’s
indirect overhead costs unless those costs can be attributed
directly to the function in question and would not exist if that
function were not performed in state service.
(f) A department, agency, or institution of higher education may contract with the department of general administration to conduct the bidding process.
(5) As used in this section:
(a) "Employee business unit" means a group of employees who perform services to be contracted under this section
and who submit a bid for the performance of those services
under subsection (4) of this section.
(b) "Indirect overhead costs" means the pro rata share of
existing agency administrative salaries and benefits, and rent,
equipment costs, utilities, and materials associated with those
administrative functions.
(c) "Competitive contracting" means the process by
which classified employees of a department, agency, or institution of higher education compete with businesses, individuals, nonprofit organizations, or other entities for contracts
authorized by subsection (1) of this section.
(6) The requirements of this section do not apply to
RCW 74.13.031(5). [2008 c 267 § 9; 2002 c 354 § 208.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.150
41.06.150 Rules of board—Mandatory subjects—Personnel
administration. The board shall adopt rules, consistent with the purposes
and provisions of this chapter, as now or hereafter amended, and with the
best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of an employee;
[Title 41 RCW—page 61]
41.06.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are
vacancies to be filled, such names representing applicants rated highest on
eligibility lists: PROVIDED, That when other applicants have scores equal
to the lowest score among the names certified, their names shall also be certified;
(3) Examinations for all positions in the competitive and noncompetitive service;
(4) Appointments;
(5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except
as follows:
(a) Entry level state park rangers shall serve a probationary period of
twelve months;
(b) The probationary period of campus police officer appointees who
are required to attend the Washington state criminal justice training commission basic law enforcement academy shall extend from the date of appointment until twelve months from the date of successful completion of the basic
law enforcement academy, or twelve months from the date of appointment if
academy training is not required. The board shall adopt rules to ensure that
employees promoting to campus police officer who are required to attend the
Washington state criminal justice training commission basic law enforcement academy shall have the trial service period extend from the date of
appointment until twelve months from the date of successful completion of
the basic law enforcement academy, or twelve months from the date of
appointment if academy training is not required;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both
according to seniority;
(11) Collective bargaining procedures:
(a) After certification of an exclusive bargaining representative and
upon the representative’s request, the director shall hold an election among
employees in a bargaining unit to determine by a majority whether to require
as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of
employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than
once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of
thirty percent of the members of a bargaining unit the director shall hold an
election to determine whether a majority wish to rescind such condition of
employment: PROVIDED FURTHER, That for purposes of this clause,
membership in the certified exclusive bargaining representative is satisfied
by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full
and complete membership rights: AND PROVIDED FURTHER, That in
order to safeguard the right of nonassociation of public employees, based on
bona fide religious tenets or teachings of a church or religious body of which
such public employee is a member, such public employee shall pay to the
union, for purposes within the program of the union as designated by such
employee that would be in harmony with his or her individual conscience, an
amount of money equivalent to regular union dues minus any included
monthly premiums for union-sponsored insurance programs, and such
employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(b) Agreements between agencies and certified exclusive bargaining
representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the
appropriate bargaining unit of such agency may lawfully exercise discretion;
(c) Written agreements may contain provisions for payroll deductions
of employee organization dues upon authorization by the employee member
and for the cancellation of such payroll deduction by the filing of a proper
prior notice by the employee with the appointing authority and the employee
organization: PROVIDED, That nothing contained herein permits or grants
to any employee the right to strike or refuse to perform his or her official
duties;
(d) A collective bargaining agreement entered into under this subsection before July 1, 2004, covering employees subject to RCW 41.80.001 and
41.80.010 through 41.80.130, that expires after July 1, 2004, shall remain in
full force during its duration, or until superseded by a collective bargaining
agreement entered into by the parties under RCW 41.80.001 and 41.80.010
through 41.80.130. However, an agreement entered into before July 1, 2004,
[Title 41 RCW—page 62]
may not be renewed or extended beyond July 1, 2005. This subsection (11)
does not apply to collective bargaining negotiations or collective bargaining
agreements entered into under RCW 41.80.001 and 41.80.010 through
41.80.130;
(12) Adoption and revision of a comprehensive classification plan for
all positions in the classified service, based on investigation and analysis of
the duties and responsibilities of each such position.
(a) The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net
cost savings, increased efficiencies, or improved management of personnel
or services, and the proposed revision or study has been approved by the
director of financial management in accordance with chapter 43.88 RCW.
(b) Reclassifications, class studies, and salary adjustments are governed by (a) of this subsection and RCW 41.06.152;
(13) Allocation and reallocation of positions within the classification
plan;
(14) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental
units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW
41.06.155 and that, for institutions of higher education and related boards,
shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located,
such adoption and revision subject to approval by the director of financial
management in accordance with the provisions of chapter 43.88 RCW;
(15) Increment increases within the series of steps for each pay grade
based on length of service for all employees whose standards of performance
are such as to permit them to retain job status in the classified service;
(16) Optional lump sum relocation compensation approved by the
agency director, whenever it is reasonably necessary that a person make a
domiciliary move in accepting a transfer or other employment with the state.
An agency must provide lump sum compensation within existing resources.
If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or
other good cause as determined by an agency director, within one year of the
date of the employment, the state is entitled to reimbursement of the lump
sum compensation from the person;
(17) Providing for veteran’s preference as required by existing statutes,
with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority
by adding to their unbroken state service, as defined by the board, the veteran’s service in the military not to exceed five years. For the purposes of this
section, "veteran" means any person who has one or more years of active
military service in any branch of the armed forces of the United States or
who has less than one year’s service and is discharged with a disability
incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable
discharge, a discharge for physical reasons with an honorable record, or a
release from active military service with evidence of service other than that
for which an undesirable, bad conduct, or dishonorable discharge shall be
given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is
entitled to the benefits of this section regardless of the veteran’s length of
active military service: PROVIDED FURTHER, That for the purposes of
this section "veteran" does not include any person who has voluntarily
retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(18) Permitting agency heads to delegate the authority to appoint,
reduce, dismiss, suspend, or demote employees within their agencies if such
agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position
lower than the head of a major subdivision of the agency;
(19) Assuring persons who are or have been employed in classified
positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by
this chapter;
(20) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of
affirmative action goals and timetables; and monitoring of progress against
those goals and timetables.
The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which
states the progress each state agency has made in meeting affirmative action
goals and timetables.
(2010 Ed.)
State Civil Service Law
Notwithstanding this section and rules of the board adopted under this
section, agencies may place employees on temporary unpaid leave during the
2001-2003 fiscal biennium for the purpose of implementing appropriations
reductions enacted in the 2002 supplemental appropriations act. Mandatory
unpaid leave must be approved by the agency director, and must be, to the
greatest extent possible, mutually agreeable to the employee and employer.
Employees taking mandatory temporary unpaid leave will not lose seniority,
leave accrual, or health insurance benefits. [2002 c 371 § 906; 2002 c 354 §
202; 2002 c 110 § 1; 1999 c 297 § 3; 1996 c 319 § 2; 1995 2nd sp.s. c 18 §
911. Prior: 1993 sp.s. c 24 § 913; 1993 c 281 § 27; 1990 c 60 § 103; prior:
1985 c 461 § 2; 1985 c 365 § 5; 1983 1st ex.s. c 75 § 5; 1982 1st ex.s. c 53 §
4; prior: 1982 c 79 § 1; 1981 c 311 § 18; 1980 c 118 § 3; 1979 c 151 § 57;
1977 ex.s. c 152 § 1; 1973 1st ex.s. c 75 § 1; 1973 c 154 § 1; 1971 ex.s. c 19
§ 2; 1967 ex.s. c 108 § 13; 1961 c 1 § 15 (Initiative Measure No. 207,
approved November 8, 1960).]
Reviser’s note: This section was amended by 2002 c 110 § 1, 2002 c
354 § 202, and by 2002 c 371 § 906, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Findings—1999 c 297: See note following RCW 43.03.125.
Leave for public employees
military: RCW 38.40.060.
vacation: RCW 43.01.040.
Public employees’ collective bargaining: Chapter 41.56 RCW.
Additional notes found at www.leg.wa.gov
41.06.150
41.06.150 Rules of director—Mandatory subjects—Personnel
administration (as amended by 2002 c 354). The ((board)) director shall
adopt rules, consistent with the purposes and provisions of this chapter((, as
now or hereafter amended,)) and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) ((The reduction, dismissal, suspension, or demotion of an
employee;
(2))) Certification of names for vacancies((, including departmental
promotions, with the number of names equal to six more names than there
are vacancies to be filled, such names representing applicants rated highest
on eligibility lists: PROVIDED, That when other applicants have scores
equal to the lowest score among the names certified, their names shall also
be certified));
(((3))) (2) Examinations for all positions in the competitive and noncompetitive service;
(((4))) (3) Appointments;
(((5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except
that entry level state park rangers shall serve a probationary period of twelve
months;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both
according to seniority;
(11) Collective bargaining procedures:
(a) After certification of an exclusive bargaining representative and
upon the representative’s request, the director shall hold an election among
employees in a bargaining unit to determine by a majority whether to require
as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of
employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than
once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of
thirty percent of the members of a bargaining unit the director shall hold an
election to determine whether a majority wish to rescind such condition of
employment: PROVIDED FURTHER, That for purposes of this clause,
membership in the certified exclusive bargaining representative is satisfied
by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full
(2010 Ed.)
41.06.150
and complete membership rights: AND PROVIDED FURTHER, That in
order to safeguard the right of nonassociation of public employees, based on
bona fide religious tenets or teachings of a church or religious body of which
such public employee is a member, such public employee shall pay to the
union, for purposes within the program of the union as designated by such
employee that would be in harmony with his or her individual conscience, an
amount of money equivalent to regular union dues minus any included
monthly premiums for union-sponsored insurance programs, and such
employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(b) Agreements between agencies and certified exclusive bargaining
representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the
appropriate bargaining unit of such agency may lawfully exercise discretion;
(c) Written agreements may contain provisions for payroll deductions
of employee organization dues upon authorization by the employee member
and for the cancellation of such payroll deduction by the filing of a proper
prior notice by the employee with the appointing authority and the employee
organization: PROVIDED, That nothing contained herein permits or grants
to any employee the right to strike or refuse to perform his or her official
duties;
(d) A collective bargaining agreement entered into under this subsection before July 1, 2002, covering employees subject to sections 301 through
314 of this act, that expires after July 1, 2002, shall remain in full force during its duration, or until superseded by a collective bargaining agreement
entered into by the parties under sections 301 through 314 of this act. However, an agreement entered into before July 1, 2002, may not be renewed or
extended beyond July 1, 2003. This subsection (11) does not apply to collective bargaining negotiations or collective bargaining agreements entered into
under sections 301 through 314 of this act;
(12))) (4) Adoption and revision of a comprehensive classification
plan, in accordance with rules adopted by the board under RCW 41.06.136,
for all positions in the classified service, based on investigation and analysis
of the duties and responsibilities of each such position and allocation and
reallocation of positions within the classification plan.
(a) The ((board)) director shall not adopt job classification revisions or
class studies unless implementation of the proposed revision or study will
result in net cost savings, increased efficiencies, or improved management of
personnel or services, and the proposed revision or study has been approved
by the director of financial management in accordance with chapter 43.88
RCW.
(b) Reclassifications, class studies, and salary adjustments are governed by (a) of this subsection and RCW 41.06.152;
(((13) Allocation and reallocation of positions within the classification
plan;
(14) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental
units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW
41.06.155 and that, for institutions of higher education and related boards,
shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located,
such adoption and revision subject to approval by the director of financial
management in accordance with the provisions of chapter 43.88 RCW;
(15) Increment increases within the series of steps for each pay grade
based on length of service for all employees whose standards of performance
are such as to permit them to retain job status in the classified service;
(16) Optional lump sum relocation compensation approved by the
agency director, whenever it is reasonably necessary that a person make a
domiciliary move in accepting a transfer or other employment with the state.
An agency must provide lump sum compensation within existing resources.
If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or
other good cause as determined by an agency director, within one year of the
date of the employment, the state is entitled to reimbursement of the lump
sum compensation from the person;
(17) Providing for veteran’s preference as required by existing statutes,
with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority
by adding to their unbroken state service, as defined by the board, the veteran’s service in the military not to exceed five years. For the purposes of this
section, "veteran" means any person who has one or more years of active
military service in any branch of the armed forces of the United States or
who has less than one year’s service and is discharged with a disability
incurred in the line of duty or is discharged at the convenience of the govern[Title 41 RCW—page 63]
41.06.152
Title 41 RCW: Public Employment, Civil Service, and Pensions
ment and who, upon termination of such service has received an honorable
discharge, a discharge for physical reasons with an honorable record, or a
release from active military service with evidence of service other than that
for which an undesirable, bad conduct, or dishonorable discharge shall be
given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is
entitled to the benefits of this section regardless of the veteran’s length of
active military service: PROVIDED FURTHER, That for the purposes of
this section "veteran" does not include any person who has voluntarily
retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(18))) (5) Permitting agency heads to delegate the authority to appoint,
reduce, dismiss, suspend, or demote employees within their agencies if such
agency heads do not have specific statutory authority to so delegate:
PROVIDED, That the ((board)) director may not authorize such delegation
to any position lower than the head of a major subdivision of the agency;
(((19))) (6) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered
by this chapter;
(((20))) (7) Affirmative action in appointment, promotion, transfer,
recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress
against those goals and timetables.
The ((board)) director shall consult with the human rights commission
in the development of rules pertaining to affirmative action. The department
of personnel shall transmit a report annually to the human rights commission
which states the progress each state agency has made in meeting affirmative
action goals and timetables.
Rules adopted under this section by the director shall provide for local
administration and management by the institutions of higher education and
related boards, subject to periodic audit and review by the director. [2002 c
354 § 203; 2002 c 354 § 202; 1999 c 297 § 3; 1996 c 319 § 2; 1995 2nd sp.s.
c 18 § 911. Prior: 1993 sp.s. c 24 § 913; 1993 c 281 § 27; 1990 c 60 § 103;
prior: 1985 c 461 § 2; 1985 c 365 § 5; 1983 1st ex.s. c 75 § 5; 1982 1st ex.s.
c 53 § 4; prior: 1982 c 79 § 1; 1981 c 311 § 18; 1980 c 118 § 3; 1979 c 151
§ 57; 1977 ex.s. c 152 § 1; 1973 1st ex.s. c 75 § 1; 1973 c 154 § 1; 1971 ex.s.
c 19 § 2; 1967 ex.s. c 108 § 13; 1961 c 1 § 15 (Initiative Measure No. 207,
approved November 8, 1960).]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Findings—1999 c 297: See note following RCW 43.03.125.
Leave for public employees
military: RCW 38.40.060.
vacation: RCW 43.01.040.
Public employees’ collective bargaining: Chapter 41.56 RCW.
Additional notes found at www.leg.wa.gov
general welfare. [2007 c 489 § 1; 2002 c 354 § 241; 2002 c
354 § 240; 1999 c 309 § 914; 1996 c 319 § 1.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
41.06.155 Salaries—Implementation of changes to
achieve comparable worth. Salary changes necessary to
achieve comparable worth shall be implemented during the
1983-85 biennium under a schedule developed by the department. Increases in salaries and compensation solely for the
purpose of achieving comparable worth shall be made at least
annually. Comparable worth for the jobs of all employees
under this chapter shall be fully achieved not later than June
30, 1993. [1993 c 281 § 28; 1983 1st ex.s. c 75 § 6.]
41.06.155
Additional notes found at www.leg.wa.gov
41.06.160 Classification and salary schedules to consider rates in other public and private employment—
Wage and fringe benefits surveys—Limited public disclosure exemption. In preparing classification and salary
schedules as set forth in RCW 41.06.150 the department of
personnel shall give full consideration to prevailing rates in
other public employment and in private employment in this
state. For this purpose the department shall undertake comprehensive salary and fringe benefit surveys.
Salary and fringe benefit survey information collected
from private employers which identifies a specific employer
with the salary and fringe benefit rates which that employer
pays to its employees shall not be subject to public disclosure
under chapter 42.56 RCW. [2005 c 274 § 278; 2002 c 354 §
211; 1993 c 281 § 29; 1985 c 94 § 2; 1980 c 11 § 1; 1979 c
151 § 58; 1977 ex.s. c 152 § 2; 1961 c 1 § 16 (Initiative Measure No. 207, approved November 8, 1960).]
41.06.160
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Additional notes found at www.leg.wa.gov
41.06.152 Job classification revisions, class studies,
salary adjustments—Limitations. (1) The director shall
adopt only those job classification revisions, class studies,
and salary adjustments under RCW 41.06.150(4) that:
(a) As defined by the director, are due to documented
recruitment or retention difficulties, salary compression or
inversion, classification plan maintenance, higher level
duties and responsibilities, or inequities; and
(b) Are such that the office of financial management has
reviewed the affected agency’s fiscal impact statement and
has concurred that the affected agency can absorb the biennialized cost of the reclassification, class study, or salary
adjustment within the agency’s current authorized level of
funding for the current fiscal biennium and subsequent fiscal
biennia.
(2) This section does not apply to the higher education
hospital special pay plan or to any adjustments to the classification plan under RCW 41.06.150(4) that are due to emergent conditions. Emergent conditions are defined as emergency conditions requiring the establishment of positions
necessary for the preservation of the public health, safety, or
41.06.152
[Title 41 RCW—page 64]
41.06.167 Compensation surveys required for officers and officer candidates of the Washington state
patrol—Limited public disclosure exemption. The department of personnel shall undertake comprehensive compensation surveys for officers and entry-level officer candidates of
the Washington state patrol, with such surveys to be conducted in the year prior to the convening of every other one
hundred five day regular session of the state legislature. Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the
salary and fringe benefit rates which that employer pays to its
employees shall not be subject to public disclosure under
chapter 42.56 RCW. [2005 c 274 § 279; 2002 c 354 § 212;
1991 c 196 § 1; 1986 c 158 § 7; 1985 c 94 § 3; 1980 c 11 § 2;
1979 c 151 § 60; 1977 ex.s. c 152 § 5.]
41.06.167
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
State Civil Service Law
41.06.169 Employee performance evaluations—
Standardized procedures and forms required to be developed. After consultation with state agency heads, employee
organizations, and other interested parties, the state personnel
director shall develop standardized employee performance
evaluation procedures and forms which shall be used by state
agencies for the appraisal of employee job performance at
least annually. These procedures shall include means
whereby individual agencies may supplement the standardized evaluation process with special performance factors
peculiar to specific organizational needs. Performance evaluation procedures shall place primary emphasis on recording
how well the employee has contributed to efficiency, effectiveness, and economy in fulfilling state agency and job
objectives. [1985 c 461 § 3; 1982 1st ex.s. c 53 § 5; 1977
ex.s. c 152 § 6.]
41.06.169
Additional notes found at www.leg.wa.gov
41.06.170
41.06.170 Reduction, suspension, dismissal, demotion of employee—Right to appeal. (1) The director, in the
adoption of rules governing suspensions for cause, shall not
authorize an appointing authority to suspend an employee for
more than fifteen calendar days as a single penalty or more
than thirty calendar days in any one calendar year as an accumulation of several penalties. The director shall require that
the appointing authority give written notice to the employee
not later than one day after the suspension takes effect, stating the reasons for and the duration thereof.
(2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his or her probationary
period of service as provided by the rules of the director, or
any employee who is adversely affected by a violation of the
state civil service law, chapter 41.06 RCW, or rules adopted
under it, shall have the right to appeal, either individually or
through his or her authorized representative, not later than
thirty days after the effective date of such action to the personnel appeals board through June 30, 2005, and to the
Washington personnel resources board after June 30, 2005.
The employee shall be furnished with specified charges in
writing when a reduction, dismissal, suspension, or demotion
action is taken. Such appeal shall be in writing. Decisions of
the Washington personnel resources board on appeals filed
after June 30, 2005, shall be final and not subject to further
appeal.
(3) Any employee whose position has been exempted
after July 1, 1993, shall have the right to appeal, either individually or through his or her authorized representative, not
later than thirty days after the effective date of such action to
the personnel appeals board through June 30, 2005, and to the
Washington personnel resources board after June 30, 2005.
If the position being exempted is vacant, the exclusive bargaining unit representative may act in lieu of an employee for
the purposes of appeal.
(4) An employee incumbent in a position at the time of
its allocation or reallocation, or the agency utilizing the position, may appeal the allocation or reallocation to the personnel appeals board through December 31, 2005, and to the
Washington personnel resources board after December 31,
2005. Notice of such appeal must be filed in writing within
thirty days of the action from which appeal is taken.
(2010 Ed.)
41.06.220
(5) Subsections (1) and (2) of this section do not apply to
any employee who is subject to the provisions of a collective
bargaining agreement negotiated under RCW 41.80.001 and
41.80.010 through 41.80.130. [2009 c 534 § 3; 2002 c 354 §
213; 1993 c 281 § 31; 1981 c 311 § 19; 1975-’76 2nd ex.s. c
43 § 3; 1961 c 1 § 17 (Initiative Measure No. 207, approved
November 8, 1960).]
Finding—Intent—2009 c 534: See note following RCW 41.06.133.
Appeals filed on or before June 30, 2005—2002 c 354: "The transfer
of the powers, duties, and functions of the personnel appeals board to the personnel resources board under RCW 41.06.111 and the transfer of jurisdiction
for appeals filed under section 213, chapter 354, Laws of 2002 after June 30,
2005, shall not affect the right of an appellant to have an appeal filed on or
before June 30, 2005, resolved by the personnel appeals board in accordance
with the authorities, rules, and procedures that were established under chapter 41.64 RCW as it existed before July 1, 2004." [2002 c 354 § 214.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
41.06.176 Employee performance evaluations—
Written notification of deficiencies. Each employee whose
work is judged unsatisfactory shall be notified in writing of
the areas in which the work is considered deficient. Unless
the deficiency is extreme, the employee shall be given an
opportunity to demonstrate improvement. [1985 c 461 § 4.]
41.06.176
Additional notes found at www.leg.wa.gov
41.06.186 Employee performance evaluations—Termination of employment—Rules. The director shall adopt
rules designed to terminate the state employment of any
employee whose performance is so inadequate as to warrant
termination. [2002 c 354 § 215; 1993 c 281 § 32; 1985 c 461
§ 5.]
41.06.186
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
41.06.196 Employee performance evaluations—Termination of supervisors tolerating inadequate employee
performance. The director shall adopt rules designed to
remove from supervisory positions those supervisors who in
violation of the rules adopted under RCW 41.06.186 have
tolerated the continued employment of employees under their
supervision whose performance has warranted termination
from state employment. [2002 c 354 § 216; 1993 c 281 § 33;
1985 c 461 § 6.]
41.06.196
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Duty of state officers to identify employees whose performance warrants termination from state employment: RCW 43.01.125.
Additional notes found at www.leg.wa.gov
41.06.204 Use of false academic credentials—Penalties. A person who issues or uses a false academic credential
is subject to RCW 28B.85.220 and 9A.60.070. [2006 c 234 §
7.]
41.06.204
41.06.220 Reemployment list—Reinstatement after
appeal, guaranteed rights and benefits. (1) An employee
who is terminated from state service may request the board to
place his name on an appropriate reemployment list and the
41.06.220
[Title 41 RCW—page 65]
41.06.250
Title 41 RCW: Public Employment, Civil Service, and Pensions
board shall grant this request where the circumstances are
found to warrant reemployment.
(2) Any employee, when fully reinstated after appeal,
shall be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, retirement and
OASDI credits. [1961 c 1 § 22 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.250
41.06.250 Political activities. (1) Solicitation for or
payment to any partisan, political organization or for any partisan, political purpose of any compulsory assessment or
involuntary contribution is prohibited: PROVIDED, HOWEVER, That officers of employee associations shall not be
prohibited from soliciting dues or contributions from members of their associations. No person shall solicit on state
property or property of a political subdivision of this state any
contribution to be used for partisan, political purposes.
(2) Employees of the state or any political subdivision
thereof shall have the right to vote and to express their opinions on all political subjects and candidates and to hold any
political party office or participate in the management of a
partisan, political campaign. Nothing in this section shall prohibit an employee of the state or any political subdivision
thereof from participating fully in campaigns relating to constitutional amendments, referendums, initiatives, and issues
of a similar character, and for nonpartisan offices.
(3) A classified civil service employee shall not hold a
part time public office in a political subdivision of the state
when the holding of such office is incompatible with, or substantially interferes with, the discharge of official duties in
state employment.
(4) For persons employed in state agencies or agencies of
any political subdivision of the state the operation of which is
financed in total or primarily by federal grant-in-aid funds
political activity will be regulated by the rules and regulations of the United States civil service commission.
(5) The provisions of this section shall supersede all statutes, charter provisions, ordinances, resolutions, regulations,
and requirements promulgated by the state or any subdivision
thereof, including any provision of any county charter, insofar as they may be in conflict with the provisions of this section. [1974 ex.s. c 136 § 1; 1961 c 1 § 25 (Initiative Measure
No. 207, approved November 8, 1960).]
41.06.260
41.06.260 Conflict with federal requirements—
Effect—Rules to conform chapter. If any part of this chapter shall be found to be in conflict with federal requirements
which are a condition precedent to the allocation of federal
funds to the state, such conflicting part of this chapter is
hereby declared to be inoperative solely to the extent of such
conflict and with respect to the agencies directly affected, and
such findings or determination shall not affect the operation
of the remainder of this chapter in its application to the agencies concerned. The board shall make such rules and regulations as may be necessary to meet federal requirements which
are a condition precedent to the receipt of federal funds by the
state. [1961 c 1 § 26 (Initiative Measure No. 207, approved
November 8, 1960).]
[Title 41 RCW—page 66]
41.06.270 Salary withheld unless employment is in
accord with chapter—Certification of payrolls, procedures. A disbursing officer shall not pay any employee holding a position covered by this chapter unless the employment
is in accordance with this chapter or the rules, regulations and
orders issued hereunder. The directors of personnel and
financial management shall jointly establish procedures for
the certification of payrolls. [2002 c 354 § 217; 1979 c 151 §
61; 1961 c 1 § 27 (Initiative Measure No. 207, approved
November 8, 1960).]
41.06.270
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.280 Department of personnel service fund—
Created—Charges to agencies, payment—Use, disbursement. There is hereby created a fund within the state treasury, designated as the "department of personnel service
fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the
administration of the provisions of this chapter, applicable
provisions of chapter 41.04 RCW, and chapter 41.60 RCW.
An amount not to exceed one and one-half percent of the
approved allotments of salaries and wages for all positions in
the classified service in each of the agencies subject to this
chapter, except the institutions of higher education, shall be
charged to the operations appropriations of each agency and
credited to the department of personnel service fund as the
allotments are approved pursuant to chapter 43.88 RCW.
Subject to the above limitations, the amount shall be charged
against the allotments pro rata, at a rate to be fixed by the
director from time to time which, together with income
derived from services rendered under RCW 41.06.080, will
provide the department with funds to meet its anticipated
expenditures during the allotment period, including the training requirements in RCW 41.06.500 and 41.06.530.
The director of personnel shall fix the terms and charges
for services rendered by the department of personnel pursuant to RCW 41.06.080, which amounts shall be credited to
the department of personnel service fund and charged against
the proper fund or appropriation of the recipient of such services on a quarterly basis. Payment for services so rendered
under RCW 41.06.080 shall be made on a quarterly basis to
the state treasurer and deposited by him in the department of
personnel service fund.
Moneys from the department of personnel service fund
shall be disbursed by the state treasurer by warrants on
vouchers duly authorized by the board. [1993 c 379 § 309;
1993 c 281 § 34; 1987 c 248 § 4; 1984 c 7 § 45; 1982 c 167 §
13; 1963 c 215 § 1; 1961 c 1 § 28 (Initiative Measure No.
207, approved November 8, 1960).]
41.06.280
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Legislative findings—Purpose—1987 c 248: See note following
RCW 41.04.362.
Additional notes found at www.leg.wa.gov
41.06.285 Higher education personnel service fund.
(1) There is hereby created a fund within the state treasury,
designated as the "higher education personnel service fund,"
to be used by the board as a revolving fund for the payment
of salaries, wages, and operations required for the administra41.06.285
(2010 Ed.)
State Civil Service Law
tion of institutions of higher education and related boards, the
budget for which shall be subject to review and approval and
appropriation by the legislature. Subject to the requirements
of subsection (2) of this section, an amount not to exceed onehalf of one percent of the salaries and wages for all positions
in the classified service shall be contributed from the operations appropriations of each institution and the state board for
community and technical colleges and credited to the higher
education personnel service fund as such allotments are
approved pursuant to chapter 43.88 RCW. Subject to the
above limitations, such amount shall be charged against the
allotments pro rata, at a rate to be fixed by the director of
financial management from time to time, which will provide
the board with funds to meet its anticipated expenditures during the allotment period.
(2) If employees of institutions of higher education cease
to be classified under this chapter pursuant to an agreement
authorized by *RCW 41.56.201, each institution of higher
education and the state board for community and technical
colleges shall continue, for six months after the effective date
of the agreement, to make contributions to the higher education personnel service fund based on employee salaries and
wages that includes the employees under the agreement. At
the expiration of the six-month period, the director of financial management shall make across-the-board reductions in
allotments of the higher education personnel service fund for
the remainder of the biennium so that the charge to the institutions of higher education and state board for community
and technical colleges based on the salaries and wages of the
remaining employees of institutions of higher education and
related boards classified under this chapter does not increase
during the biennium, unless an increase is authorized by the
legislature.
(3) Moneys from the higher education personnel service
fund shall be disbursed by the state treasurer by warrants on
vouchers duly authorized by the board. [1998 c 245 § 41;
1993 c 379 § 308.]
*Reviser’s note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
41.06.290 Personnel subject to chapter 47.64 RCW
not affected. Nothing in this chapter shall be interpreted as
changing the provisions of or affecting the conditions of
employment for personnel covered by chapter 47.64 RCW.
[1961 c 1 § 29 (Initiative Measure No. 207, approved
November 8, 1960).]
41.06.290
41.06.340 Determination of appropriate bargaining
units—Unfair labor practices provisions applicable to
chapter. (1) With respect to collective bargaining as authorized by RCW 41.80.001 and 41.80.010 through 41.80.130,
the public employment relations commission created by
chapter 41.58 RCW shall have authority to adopt rules, on
and after June 13, 2002, relating to determination of appropriate bargaining units within any agency. In making such
determination the commission shall consider the duties,
skills, and working conditions of the employees, the history
of collective bargaining by the employees and their bargaining representatives, the extent of organization among the
41.06.340
(2010 Ed.)
41.06.400
employees, and the desires of the employees. The public
employment relations commission created in chapter 41.58
RCW shall adopt rules and make determinations relating to
the certification and decertification of exclusive bargaining
representatives.
(2) Each and every provision of RCW 41.56.140 through
41.56.160 shall be applicable to this chapter as it relates to
state civil service employees.
(3) A collective bargaining agreement entered into under
RCW 41.06.150 before July 1, 2004, covering employees
subject to RCW 41.80.001 and 41.80.010 through 41.80.130
that expires after July 1, 2004, shall remain in full force during its duration, or until superseded by a collective bargaining
agreement entered into by the parties under RCW 41.80.001
and 41.80.010 through 41.80.130. However, an agreement
entered into before July 1, 2004, may not be renewed or
extended beyond July 1, 2005, or until superseded by a collective bargaining agreement entered into under RCW
41.80.001 and 41.80.010 through 41.80.130, whichever is
later. [2002 c 354 § 232; 1993 c 281 § 35; 1969 ex.s. c 215 §
13.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Additional notes found at www.leg.wa.gov
41.06.350 Acceptance of federal funds authorized.
The director is authorized to receive federal funds now available or hereafter made available for the assistance and
improvement of public personnel administration, which may
be expended in addition to the department of personnel service fund established by RCW 41.06.280. [2002 c 354 § 218;
1993 c 281 § 36; 1969 ex.s. c 152 § 1.]
41.06.350
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
41.06.395 Training programs on sexual harassment.
The director shall adopt rules establishing guidelines for policies, procedures, and mandatory training programs on sexual
harassment for state employees to be adopted by state agencies and establishing reporting requirements for state agencies on compliance with RCW 43.01.135. [2007 c 76 § 1.]
41.06.395
41.06.400 Training and career development programs—Powers and duties of director. (1) In addition to
other powers and duties specified in this chapter, the director
shall, by rule, prescribe the purpose and minimum standards
for training and career development programs and, in so
doing, regularly consult with and consider the needs of individual agencies and employees.
(2) In addition to other powers and duties specified in
this chapter, the director shall:
(a) Provide for the evaluation of training and career
development programs and plans of agencies. The director
shall report the results of such evaluations to the agency
which is the subject of the evaluation;
(b) Provide training and career development programs
which may be conducted more efficiently and economically
on an interagency basis;
41.06.400
[Title 41 RCW—page 67]
41.06.410
Title 41 RCW: Public Employment, Civil Service, and Pensions
(c) Promote interagency sharing of resources for training
and career development;
(d) Monitor and review the impact of training and career
development programs to ensure that the responsibilities of
the state to provide equal employment opportunities are diligently carried out.
(3) At an agency’s request, the director may provide
training and career development programs for an agency’s
internal use which may be conducted more efficiently and
economically by the department of personnel. [2002 c 354 §
219; 1980 c 118 § 4.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
41.06.410 Agency training and career development
plans—Report—Budget. Each agency subject to the provisions of this chapter shall:
(1) Prepare an employee training and career development plan which shall at least meet minimum standards
established by the director. A copy of such plan shall be submitted to the director for purposes of administering the provisions of RCW 41.06.400(2);
(2) Provide for training and career development for its
employees in accordance with the agency plan;
(3) Report on its training and career development program operations and costs to the director in accordance with
reporting procedures adopted by the director;
(4) Budget for training and career development in accordance with procedures of the office of financial management.
[2002 c 354 § 220; 1980 c 118 § 5.]
41.06.410
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
41.06.420 Entry-level management training course—
Requirements—Suspension—Waiver—Designation of
supervisory or management positions. (1) The board, by
rule, shall prescribe the conditions under which an employee
appointed to a supervisory or management position after June
12, 1980, shall be required to successfully complete an entrylevel management training course as approved by the director. Such training shall not be required of any employee who
has completed a management training course prior to the
employee’s appointment which is, in the judgment of the
director, at least equivalent to the entry-level course required
by this section.
(2) The board, by rule, shall establish procedures for the
suspension of the entry-level training requirement in cases
where the ability of an agency to perform its responsibilities
is adversely affected, or for the waiver of this requirement in
cases where a person has demonstrated experience as a substitute for training.
(3) Agencies subject to the provisions of this chapter, in
accordance with rules prescribed by the board, shall designate individual positions, or groups of positions, as being
"supervisory" or "management" positions. Such designations
shall be subject to review by the director as part of the director’s evaluation of training and career development programs
prescribed by RCW 41.06.400(2). [1980 c 118 § 6.]
41.06.420
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 68]
41.06.450 Destruction or retention of information
relating to employee misconduct. (1) The director shall
adopt rules applicable to each agency to ensure that information relating to employee misconduct or alleged misconduct
is destroyed or maintained as follows:
(a) All such information determined to be false and all
such information in situations where the employee has been
fully exonerated of wrongdoing, shall be promptly destroyed;
(b) All such information having no reasonable bearing
on the employee’s job performance or on the efficient and
effective management of the agency, shall be promptly
destroyed;
(c) All other information shall be retained only so long as
it has a reasonable bearing on the employee’s job performance or on the efficient and effective management of the
agency.
(2) Notwithstanding subsection (1) of this section, an
agency may retain information relating to employee misconduct or alleged misconduct if:
(a) The employee requests that the information be
retained; or
(b) The information is related to pending legal action or
legal action may be reasonably expected to result.
(3) In adopting rules under this section, the director shall
consult with the public disclosure commission to ensure that
the public policy of the state, as expressed in chapters *42.17
and 42.56 RCW, is adequately protected. [2005 c 274 § 280;
2002 c 354 § 221; 1993 c 281 § 37; 1982 c 208 § 10.]
41.06.450
*Reviser’s note: Provisions in chapter 42.17 RCW relating to public
disclosure were recodified in chapter 42.56 RCW by 2005 c 274.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Legislative finding—Purpose—RCW 41.06.450: "The legislature
finds that, under some circumstances, maintaining information relating to
state employee misconduct or alleged misconduct is unfair to employees and
serves no useful function to the state. The purpose of RCW 41.06.450 is to
direct the personnel board to adopt rules governing maintenance of
employee records so that the records are maintained in a manner which is fair
to employees, which ensures proper management of state governmental
affairs, and which adequately protects the public interest." [1982 c 208 § 9.]
Application of public disclosure law to information relating to employee
misconduct: RCW 42.56.110.
Employee inspection of personnel file: RCW 49.12.240 through 49.12.260.
Additional notes found at www.leg.wa.gov
41.06.455 Destruction of employee records authorized if consistent with other laws. RCW 41.06.450 does
not prohibit an agency from destroying identifying information in records relating to employee misconduct or alleged
misconduct if the agency deems the action is consistent with
the policy expressed in RCW 41.06.450 and in chapter 42.56
RCW. [2005 c 274 § 281; 1982 c 208 § 11.]
41.06.455
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
41.06.460 Application of RCW 41.06.450 and
41.06.455 to classified and exempt employees. Notwithstanding RCW 41.06.040, 41.06.450 and 41.06.455 apply to
all classified and exempt employees of the state, including
41.06.460
(2010 Ed.)
State Civil Service Law
employees of the institutions of higher education. [1982 c
208 § 12.]
Additional notes found at www.leg.wa.gov
41.06.475 Employees with unsupervised access to
children—Rules for background investigation. The director shall adopt rules, in cooperation with the director of the
department of early learning, for the background investigation of current employees and of persons being actively considered for positions with the department who will or may
have unsupervised access to children. The director shall also
adopt rules, in cooperation with the director of the department of early learning, for background investigation of positions otherwise required by federal law to meet employment
standards. "Considered for positions" includes decisions
about (1) initial hiring, layoffs, reallocations, transfers, promotions, or demotions, or (2) other decisions that result in an
individual being in a position that will or may have unsupervised access to children as an employee, an intern, or a volunteer. [2007 c 387 § 8; 2002 c 354 § 222; 1993 c 281 § 38;
1986 c 269 § 2.]
41.06.475
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Children and vulnerable adults: RCW 43.43.830 through 43.43.842.
State hospitals: RCW 72.23.035.
Supervision, care, or treatment of children or individuals with developmental disabilities or other vulnerable persons—State employment—Investigation of conviction records or pending charges: RCW 43.20A.710.
Additional notes found at www.leg.wa.gov
41.06.476 Background investigation rules—Updating. (1) The board shall amend any existing rules established
under RCW 41.06.475 and adopt rules developed in cooperation and agreement with the department of social and health
services to implement the provisions of chapter 296, Laws of
2001.
(2) The legislature’s delegation of authority to the
agency under chapter 296, Laws of 2001 is strictly limited to:
(a) The minimum delegation necessary to administer the
clear and unambiguous directives of chapter 296, Laws of
2001; and
(b) The administration of circumstances and behaviors
foreseeable at *the time of enactment. [2001 c 296 § 6.]
41.06.476
*Reviser’s note: 2001 c 296 attained final passage by the legislature on
April 20, 2001, was signed by the governor and filed with the secretary of
state on May 14, 2001, and took effect July 22, 2001.
Intent—2001 c 296: See note following RCW 9.96A.060.
41.06.480 Background check disqualification—Policy recommendations. The personnel resources board must
develop policy recommendations addressing the action that
will be taken if a background check result disqualifies an
employee from his or her current position. A report of the recommendations developed must be delivered to the legislature
by December 1, 2001. [2001 c 296 § 7.]
41.06.480
Intent—2001 c 296: See note following RCW 9.96A.060.
41.06.490 State employee return-to-work program.
(1) In addition to the rules adopted under RCW 41.06.150,
the director shall adopt rules establishing a state employee
return-to-work program. The program shall, at a minimum:
41.06.490
(2010 Ed.)
41.06.500
(a) Direct each agency to adopt a return-to-work policy.
The program shall allow each agency program to take into
consideration the special nature of employment in the
agency;
(b) Provide for eligibility in the return-to-work program,
for a minimum of two years from the date the temporary disability commenced, for any permanent employee who is
receiving compensation under RCW 51.32.090 and who is,
by reason of his or her temporary disability, unable to return
to his or her previous work, but who is physically capable of
carrying out work of a lighter or modified nature;
(c) Allow opportunity for return-to-work statewide when
appropriate job classifications are not available in the agency
that is the appointing authority at the time of injury;
(d) Require each agency to name an agency representative responsible for coordinating the return-to-work program
of the agency;
(e) Provide that applicants receiving appointments for
classified service receive an explanation of the return-towork policy;
(f) Require training of supervisors on implementation of
the return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the
employee; and
(g) Coordinate participation of applicable employee
assistance programs, as appropriate.
(2) The agency full-time equivalents necessary to implement the return-to-work program established under this section shall be used only for the purposes of the return-to-work
program and the net increase in full-time equivalents shall be
temporary. [2002 c 354 § 223; 1990 c 204 § 3.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Findings—Purpose—1990 c 204: See note following RCW
51.44.170.
41.06.500 Managers—Rules—Goals. (1) Except as
provided in RCW 41.06.070, notwithstanding any other provisions of this chapter, the director is authorized to adopt,
after consultation with state agencies and employee organizations, rules for managers as defined in RCW 41.06.022.
These rules shall not apply to managers employed by institutions of higher education or related boards or whose positions
are exempt. The rules shall govern recruitment, appointment,
classification and allocation of positions, examination, training and career development, hours of work, probation, certification, compensation, transfer, affirmative action, promotion, layoff, reemployment, performance appraisals, discipline, and any and all other personnel practices for managers.
These rules shall be separate from rules adopted for other
employees, and to the extent that the rules adopted under this
section apply only to managers shall take precedence over
rules adopted for other employees, and are not subject to
review by the board.
(2) In establishing rules for managers, the director shall
adhere to the following goals:
(a) Development of a simplified classification system
that facilitates movement of managers between agencies and
promotes upward mobility;
(b) Creation of a compensation system that provides
flexibility in setting and changing salaries, and shall require
41.06.500
[Title 41 RCW—page 69]
41.06.510
Title 41 RCW: Public Employment, Civil Service, and Pensions
review and approval by the director in the case of any salary
changes greater than five percent proposed for any group of
employees;
(c) Establishment of a performance appraisal system that
emphasizes individual accountability for program results and
efficient management of resources; effective planning, organization, and communication skills; valuing and managing
workplace diversity; development of leadership and interpersonal abilities; and employee development;
(d) Strengthening management training and career
development programs that build critical management
knowledge, skills, and abilities; focusing on managing and
valuing workplace diversity; empowering employees by
enabling them to share in workplace decision making and to
be innovative, willing to take risks, and able to accept and
deal with change; promoting a workplace where the overall
focus is on the recipient of the government services and how
these services can be improved; and enhancing mobility and
career advancement opportunities;
(e) Permitting flexible recruitment and hiring procedures
that enable agencies to compete effectively with other
employers, both public and private, for managers with appropriate skills and training; allowing consideration of all qualified candidates for positions as managers; and achieving
affirmative action goals and diversity in the workplace;
(f) Providing that managers may only be reduced, dismissed, suspended, or demoted for cause; and
(g) Facilitating decentralized and regional administration.
(3) From February 18, 2009, through June 30, 2011, a
salary or wage increase shall not be granted to any position
under this section, except that increases may be granted for
positions for which the employer has demonstrated difficulty
retaining qualified employees if the following conditions are
met:
(a) The salary increase can be paid within existing
resources; and
(b) The salary increase will not adversely impact the provision of client services.
Any agency granting a salary increase from February 15,
2010, through June 30, 2011, to a position under this section
shall submit a report to the fiscal committees of the legislature no later than July 31, 2011, detailing the positions for
which salary increases were granted, the size of the increases,
and the reasons for giving the increases.
(4) From February 15, 2010, until June 30, 2011, no
monetary performance-based awards or growth and development progression adjustments may be granted by the director
or employers to the Washington management service
employees covered by the rules adopted under this section.
This subsection does not prohibit the payment of awards provided for in chapter 41.60 RCW. [2010 c 2 § 4; 2010 c 1 § 3;
2009 c 5 § 3; 2002 c 354 § 243; 2002 c 354 § 242; 1996 c 319
§ 4; 1993 c 281 § 9.]
Reviser’s note: This section was amended by 2010 c 1 § 3 and by 2010
c 2 § 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Findings—Effective date—2010 c 2: See notes following RCW
41.06.070.
Effective date—2010 c 1: See note following RCW 41.06.070.
[Title 41 RCW—page 70]
Effective date—2009 c 5: See note following RCW 41.06.070.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
41.06.510 Institutions of higher education—Designation of personnel officer. Each institution of higher education and each related board shall designate an officer who
shall perform duties as personnel officer. The personnel
officer at each institution or related board shall direct, supervise, and manage administrative and technical personnel
activities for the classified service at the institution or related
board consistent with policies established by the institution or
related board and in accordance with the provisions of this
chapter and the rules adopted under this chapter. Institutions
may undertake jointly with one or more other institutions to
appoint a person qualified to perform the duties of personnel
officer, provide staff and financial support and may engage
consultants to assist in the performance of specific projects.
The services of the department of personnel may also be used
by the institutions or related boards pursuant to RCW
41.06.080.
The state board for community and technical colleges
shall have general supervision and control over activities
undertaken by the various community colleges pursuant to
this section. [1993 c 281 § 10.]
41.06.510
Additional notes found at www.leg.wa.gov
41.06.530 Personnel resource and management policy—Implementation. (1) The legislature recognizes that:
(a) The labor market and the state government workforce
are diverse in terms of gender, race, ethnicity, age, and the
presence of disabilities.
(b) The state’s personnel resource and management
practices must be responsive to the diverse nature of its workforce composition.
(c) Managers in all agencies play a key role in the implementation of all critical personnel policies.
It is therefore the policy of the state to create an organizational culture in state government that respects and values
individual differences and encourages the productive potential of every employee.
(2) To implement this policy, the department shall:
(a) In consultation with agencies, employee organizations, employees, institutions of higher education, and related
boards, review civil service rules and related policies to
ensure that they support the state’s policy of valuing and
managing diversity in the workplace;
(b) In consultation with agencies, employee organizations, and employees, institutions of higher education, and
related boards, develop model policies, procedures, and technical information to be made available to such entities for the
support of workplace diversity programs, including, but not
limited to:
(i) Voluntary mentorship programs;
(ii) Alternative testing practices for persons of disability
where deemed appropriate;
(iii) Career counseling;
(iv) Training opportunities, including management and
employee awareness and skills training, English as a second
language, and individual tutoring;
41.06.530
(2010 Ed.)
Central Personnel-Payroll System
(v) Recruitment strategies;
(vi) Management performance appraisal techniques that
focus on valuing and managing diversity in the workplace;
and
(vii) Alternative work arrangements;
(c) In consultation with agencies, employee organizations, and employees, institutions of higher education, and
related boards, develop training programs for all managers to
enhance their ability to implement diversity policies and to
provide a thorough grounding in all aspects of the state civil
service law and merit system rules, and how the proper
implementation and application thereof can facilitate and further the mission of the agency.
(3) The department shall coordinate implementation of
this section with the office of financial management and
institutions of higher education and related boards to reduce
duplication of effort. [1993 c 281 § 12.]
Additional notes found at www.leg.wa.gov
41.06.540 Joint employee-management committees.
Meaningful and effective involvement of employees and
their representatives is essential to the efficient and effective
delivery of state government services. To accomplish this,
agencies shall use joint employee-management committees
to collaborate on the desired goals of streamlined organizational structures, continuous improvement in all systems and
processes, empowerment of line level employees to solve
workplace and system delivery problems, managers functioning as coaches and facilitators, and employee training and
development as an investment in the future. If employees are
represented by an exclusive bargaining representative, the
representative shall select the employee committee members
and also be on the committee. In addition, the committees
shall be used for improvement of the quality of work life for
state employees resulting in more productive and efficient
service delivery to the general public and customers of state
government. Nothing in this section supplants any collective
bargaining process or provision. [1993 c 281 § 13.]
41.06.540
Additional notes found at www.leg.wa.gov
41.06.550 Volunteer firefighters—Call to duty. An
agency must allow an employee who is a volunteer firefighter
to respond, without pay, to a fire, natural disaster, or medical
emergency when called to duty. The agency may choose to
grant leave with pay. [2007 c 112 § 1.]
41.07.020
41.06.910 Severability—1961 c 1. If any provision of
this act or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of the
act which can be given effect without the invalid provision or
application, and to this end any section, sentence, or word is
declared to be severable. [1961 c 1 § 35 (Initiative Measure
No. 207, approved November 8, 1960).]
41.06.910
41.06.911 Severability—1975-’76 2nd ex.s. c 43. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons
or circumstances is not affected. [1975-’76 2nd ex.s. c 43 §
5.]
41.06.911
41.06.912 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 86.]
41.06.912
Chapter 41.07
Chapter 41.07 RCW
CENTRAL PERSONNEL-PAYROLL SYSTEM
Sections
41.07.010
41.07.020
41.07.030
41.07.900
41.07.901
Definitions.
Administration, maintenance and operation of system—Intent.
Costs.
Transfer of personnel, records, equipment, etc.
Effective date—1975 1st ex.s. c 239.
41.06.550
41.06.560 Monetary performance-based awards or
incentives—Restrictions. From February 15, 2010, until
June 30, 2011, no monetary performance-based awards or
incentives may be granted by the director or employers to
employees covered by rules adopted under this section. This
section does not prohibit the payment of awards provided for
in chapter 41.60 RCW. [2010 c 2 § 6.]
41.06.560
Findings—Effective date—2010 c 2: See notes following RCW
41.06.070.
41.07.010 Definitions. (1) As used in this chapter "state
agency" means all offices, departments, agencies, institutions, boards, and commissions of state government including those headed by an elected official and including institutions of higher education.
(2) As used in this chapter "central personnel-payroll
system" means an automated data processing system capable
of keeping records and processing necessary transactions in
the process of employing persons, changing their employment status, and paying employees of any or all state agencies. Such system shall include production of reports and
documents required or authorized by state or federal agencies. [1975 1st ex.s. c 239 § 1.]
41.07.010
41.07.020 Administration, maintenance and operation of system—Intent. The department of personnel is
authorized to administer, maintain, and operate the central
personnel-payroll system and to provide its services for any
41.07.020
41.06.900 Short title. This chapter shall be referred to
as the state civil service law. [1961 c 1 § 34 (Initiative Measure No. 207, approved November 8, 1960).]
41.06.900
(2010 Ed.)
[Title 41 RCW—page 71]
41.07.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
state agency designated jointly by the director of the department of personnel and the director of financial management.
The system shall be operated through state data processing centers. State agencies shall convert personnel and payroll processing to the central personnel-payroll system as
soon as administratively and technically feasible as determined by the office of financial management and the department of personnel. It is the intent of the legislature to provide,
through the central personnel-payroll system, for uniform
reporting to the office of financial management and to the
legislature regarding salaries and related costs, and to reduce
present costs of manual procedures in personnel and payroll
record keeping and reporting. [1979 c 151 § 62; 1975 1st
ex.s. c 239 § 2.]
41.07.030 Costs. The costs of administering, maintaining, and operating the central personnel-payroll system shall
be distributed to the using state agencies. In order to insure
proper and equitable distribution of costs the department of
personnel shall utilize cost accounting procedures to identify
all costs incurred in the administration, maintenance, and
operation of the central personnel-payroll system. In order to
facilitate proper and equitable distribution of costs to the
using state agencies the department of personnel is authorized to utilize the data processing revolving fund created by
RCW 43.105.080 and the department of personnel service
fund created by RCW 41.06.280. [1975 1st ex.s. c 239 § 3.]
41.07.030
41.07.900 Transfer of personnel, records, equipment,
etc. On October 1, 1975, or at such earlier time as may be
mutually agreed upon by the director of general administration and the director of personnel, the staff of the data processing service center engaged in payroll data control and
payroll data entry along with such records, files, data, materials, equipment, supplies, and other assets as are directly associated with their function shall be transferred to the department of personnel. [1975 1st ex.s. c 239 § 4.]
41.07.900
41.08.100
41.08.110
41.08.120
41.08.130
41.08.140
41.08.150
41.08.160
41.08.170
41.08.180
41.08.183
41.08.185
41.08.190
41.08.200
41.08.210
41.08.220
41.08.900
41.08.910
Filling of vacancies—Probationary period.
Power to create offices, make appointments and fix salaries
not infringed.
Approval of payrolls.
Leaves of absence—Notice—Filling vacancy.
Enforcement by civil action—Legal counsel.
Deceptive practices, false marks, etc., prohibited.
Political contributions and services—Not required—Solicitation and coercion prohibited.
Local legislation required—Penalty.
Office and supplies to be furnished—Penalty for not providing.
Time limit for creation of commission—Penalty.
Duty of commission to organize and function—Penalty for
violation.
Cooperation of city officers and employees enjoined.
Appropriation for expenses.
Penalty—Jurisdiction.
Definitions.
Severability—1935 c 31.
Repeal.
Civil service for employees of fire protection districts: RCW 52.30.040.
41.08.010 Application of chapter. The provisions of
this chapter shall have no application to cities and towns
which at the present time have provided for civil service in
the fire department or which shall subsequently provide for
civil service in the fire department by local charter or other
regulations which said local charter or regulations substantially accomplish the purpose of this chapter. [1935 c 31 § 1;
RRS § 9558-1.]
41.08.010
41.08.020 Excluded cities—Repeal of local law—
Effect. If any of the cities or towns referred to in RCW
41.08.010 shall at any time repeal the charter provisions or
other local acts of said cities or towns providing for civil service for firefighters as referred to in RCW 41.08.010, in that
event this chapter shall apply to all of such cities and towns
which have at any time abolished civil service for members
of the fire department. [2007 c 218 § 2; 1935 c 31 § 2; RRS
§ 9558-2.]
41.08.020
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.08.030 Civil service commission created—
Appointment—Terms—Removal—Quorum. There is
hereby created in every city, town or municipality except
those referred to in RCW 41.08.010, having a full paid fire
department a civil service commission which shall be composed of three persons.
The members of such commission shall be appointed by
the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council,
commission, or otherwise, is or are vested by law with power
and authority to select, appoint, or employ the chief of a fire
department in any such city, prior to the enactment of this
chapter. The members of such commission shall serve without compensation. No person shall be appointed a member of
such commission who is not a citizen of the United States, a
resident of such city for at least three years immediately preceding such appointment, and an elector of the county
wherein he or she resides. The term of office of such commissioners shall be for six years, except that the first three
members of such commission shall be appointed for different
terms, as follows: One to serve for a period of two years, one
to serve for a period of four years, and one to serve for a
period of six years. Any member of such commission may be
41.08.030
41.07.901 Effective date—1975 1st ex.s. c 239. This
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1975. [1975 1st ex.s. c 239 § 6.]
41.07.901
Chapter 41.08 RCW
CIVIL SERVICE FOR CITY FIREFIGHTERS
Chapter 41.08
Sections
41.08.010
41.08.020
41.08.030
41.08.040
41.08.050
41.08.060
41.08.070
41.08.075
41.08.080
41.08.090
Application of chapter.
Excluded cities—Repeal of local law—Effect.
Civil service commission created—Appointment—Terms—
Removal—Quorum.
Organization of commission—Secretary—Powers and duties
of commission.
Persons included—Competitive examinations—Transfers,
discharges, and reinstatements.
Existing firefighters blanketed under civil service.
Qualifications of applicants.
Residency as condition of employment—Discrimination
because of lack of residency—Prohibited.
Tenure of employment—Grounds for discharge, reduction, or
deprivation of privileges.
Procedure for removal, suspension, demotion or discharge—
Investigation—Hearing—Appeal.
[Title 41 RCW—page 72]
(2010 Ed.)
Civil Service for City Firefighters
removed from office for incompetency, incompatibility or
dereliction of duty, or malfeasance in office, or other good
cause: PROVIDED, HOWEVER, That no member of the
commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The
members of such commission shall devote due time and
attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members
of such commission shall constitute a quorum and the votes
of any two members of such commission concurring shall be
sufficient for the decision of all matters and the transaction of
all business to be decided or transacted by the commission
under or by virtue of the provisions of this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required. At the time
of any appointment not more than two commissioners shall
be adherents of the same political party. [2007 c 218 § 3;
1935 c 31 § 3; RRS § 9558-3.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.08.040 Organization of commission—Secretary—
Powers and duties of commission. Immediately after
appointment the commission shall organize by electing one
of its members chair and hold regular meetings at least once
a month, and such additional meetings as may be required for
the proper discharge of their duties.
They shall appoint a secretary and chief examiner, who
shall keep the records of the commission, preserve all reports
made to it, superintend and keep a record of all examinations
held under its direction, and perform such other duties as the
commission may prescribe.
The secretary and chief examiner shall be appointed as a
result of competitive examination which examination may be
either original and open to all properly qualified citizens of
the city, town or municipality, or promotional and limited to
persons already in the service of the fire department or of the
fire department and other departments of said city, town or
municipality, as the commission may decide. The secretary
and chief examiner may be subject to suspension, reduction
or discharge in the same manner and subject to the same limitations as are provided in the case of members of the fire
department. It shall be the duty of the civil service commission:
(1) To make suitable rules and regulations not inconsistent with the provisions of this chapter. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers,
reinstatements, demotions, suspensions and discharges shall
be made, and may also provide for any other matters connected with the general subject of personnel administration,
and which may be considered desirable to further carry out
the general purposes of this chapter, or which may be found
to be in the interest of good personnel administration. Such
rules and regulations may be changed from time to time. The
rules and regulations and any amendments thereof shall be
printed, mimeographed or multigraphed for free public distribution. Such rules and regulations may be changed from time
to time.
(2) All tests shall be practical, and shall consist only of
subjects which will fairly determine the capacity of persons
41.08.040
(2010 Ed.)
41.08.040
examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness
and/or of manual skill.
(3) The rules and regulations adopted by the commission
shall provide for a credit in accordance with RCW 41.04.010
in favor of all applicants for appointment under civil service,
who, in time of war, or in any expedition of the armed forces
of the United States, have served in and been honorably discharged from the armed forces of the United States, including
the army, navy, and marine corps and the American Red
Cross. These credits apply to entrance examinations only.
(4) The commission shall make investigations concerning and report upon all matters touching the enforcement and
effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employments affected
by this chapter, and ascertain whether this chapter and all
such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not
only must these investigations be made by the commission as
aforesaid, but the commission must make like investigation
on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in
writing, the necessity for such investigation. In the course of
such investigation the commission or designated commissioner, or chief examiner, shall have the power to administer
oaths, subpoena and require the attendance of witnesses and
the production by them of books, papers, documents and
accounts appertaining to the investigation and also to cause
the deposition of witnesses residing within or without the
state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths
administered hereunder and the subpoenas issued hereunder
shall have the same force and effect as the oaths administered
by a superior court judge in his or her judicial capacity; and
the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter, and punishable as such.
(5) All hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be
governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct
thereof neither the commission, nor designated commissioner
shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation
made, approved or confirmed by the commission: PROVIDED, HOWEVER, That no order, decision, rule or regulation made by any designated commissioner conducting any
hearing or investigation alone shall be of any force or effect
whatsoever unless and until concurred in by at least one of
the other two members.
(6) To hear and determine appeals or complaints respecting the administrative work of the personnel department;
appeals upon the allocation of positions; the rejection of an
examination, and such other matters as may be referred to the
commission.
(7) Establish and maintain in card or other suitable form
a roster of officers and employees.
[Title 41 RCW—page 73]
41.08.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
(8) Provide for, formulate and hold competitive tests to
determine the relative qualifications of persons who seek
employment in any class or position and as a result thereof
establish eligible lists for the various classes of positions, and
to provide that persons laid off because of curtailment of
expenditures, reduction in force, and for like causes, head the
list in the order of their seniority, to the end that they shall be
the first to be reemployed.
(9) When a vacant position is to be filled, to certify to the
appointing authority, on written request, the name of the person highest on the eligible list for the class. If there are no
such lists, to authorize provisional or temporary appointment
list of such class. Such temporary or provisional appointment
shall not continue for a period longer than four months; nor
shall any person receive more than one provisional appointment or serve more than four months as a provisional appointee in any one fiscal year.
(10) Keep such records as may be necessary for the
proper administration of this chapter. [1993 c 47 § 4; 1973
1st ex.s. c 154 § 60; 1935 c 31 § 5; RRS § 9558-5.]
Preferred rights in employment, examinations, appointments, etc., limited to
actual members of armed forces: RCW 73.04.090.
Veterans’ scoring criteria status in examinations: RCW 41.04.010.
Additional notes found at www.leg.wa.gov
41.08.050 Persons included—Competitive examinations—Transfers, discharges, and reinstatements. The
classified civil service and provisions of this chapter shall
include all full paid employees of the fire department of each
city, town or municipality coming within its purview, except
that individuals appointed as fire chief after July 1, 1987, may
be excluded by the legislative body of the city, town, or
municipality. All appointments to and promotions in said
department shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in, or transferred, suspended or discharged from any
such place, position or employment contrary to the provisions
of this chapter. [1987 c 339 § 1; 1935 c 31 § 4; RRS § 95584.]
41.08.050
Additional notes found at www.leg.wa.gov
41.08.060 Existing firefighters blanketed under civil
service. For the benefit of the public service and to prevent
delay, injury, or interruption therein by reason of the enactment of this chapter, all persons holding a position in the fire
department of any such city, including the chief thereof,
when this chapter takes effect, who shall have served in such
position for a period of at least six months last past continuously, are hereby declared eligible for permanent appointment under civil service to the offices, places, positions or
employments which they shall then hold, respectively, without examination or other act on their part, and not on probation; and every such person is hereby automatically adopted
and inducted permanently into civil service, into such office,
place, position or employment which such person then holds
as completely and effectually to all intents and purposes as if
such person had been permanently appointed thereto under
civil service after examination and investigation. [1935 c 31
§ 6; RRS § 9558-6.]
41.08.060
[Title 41 RCW—page 74]
41.08.070 Qualifications of applicants. An applicant
for a position of any kind under civil service, must be a citizen of the United States of America who can read and write
the English language.
An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in
ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in
such manner as the commission may deem advisable. [1972
ex.s. c 37 § 2; 1963 c 95 § 1; 1935 c 31 § 7; RRS § 9558-7.]
41.08.070
Purpose—1972 ex.s. c 37: "It is the purpose of this 1972 amendatory
act to increase the availability of qualified applicants for employment in
positions of public safety in municipal government; namely, firemen and
policemen; and to eliminate present inequities that result from the application of residency requirements under existing statutes pertaining to such
employment." [1972 ex.s. c 37 § 1.]
41.08.075 Residency as condition of employment—
Discrimination because of lack of residency—Prohibited.
No city, town, or municipality shall require any person applying for or holding an office, place, position, or employment
under the provisions of this chapter or under any local charter
or other regulations described in RCW 41.08.010 to reside
within the limits of such municipal corporation as a condition
of employment, or to discriminate in any manner against any
such person because of his or her residence outside of the
limits of such city, town, or municipality. [2007 c 218 § 4;
1972 ex.s. c 37 § 4.]
41.08.075
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Purpose—1972 ex.s. c 37: See note following RCW 41.08.070.
41.08.080 Tenure of employment—Grounds for discharge, reduction, or deprivation of privileges. The tenure
of every one holding an office, place, position or employment
under the provisions of this chapter shall be only during good
behavior, and any such person may be removed or discharged, suspended without pay, demoted, or reduced in
rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
(1) Incompetency, inefficiency or inattention to or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow
employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on
the part of the employee to properly conduct himself or herself; or any willful violation of the provisions of this chapter
or the rules and regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which
the employee holds;
(4) Dishonest, disgraceful, immoral or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics,
or any other habit forming drug, liquid or preparation to such
extent that the use thereof interferes with the efficiency or
mental or physical fitness of the employee, or which precludes the employee from properly performing the functions
and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor, involving
moral turpitude;
41.08.080
(2010 Ed.)
Civil Service for City Firefighters
(7) Any other act or failure to act which in the judgment
of the civil service commissioners is sufficient to show the
offender to be an unsuitable and unfit person to be employed
in the public service. [2007 c 218 § 5; 1935 c 31 § 8; RRS §
9558-8.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.08.090
41.08.090 Procedure for removal, suspension, demotion or discharge—Investigation—Hearing—Appeal. No
person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter, shall be removed, suspended, demoted
or discharged except for cause, and only upon the written
accusation of the appointing power, or any citizen or taxpayer, a written statement of which accusation, in general
terms, shall be served upon the accused, and a duplicate filed
with the commission. Any person so removed, suspended,
demoted or discharged may within ten days from the time of
his or her removal, suspension, demotion or discharge, file
with the commission a written demand for an investigation,
whereupon the commission shall conduct such investigation.
The investigation shall be confined to the determination of
the question of whether such removal, suspension, demotion
or discharge was or was not made for political or religious
reasons and was or was not made in good faith for cause.
After such investigation the commission may affirm the
removal, or if it shall find that the removal, suspension, or
demotion was made for political or religious reasons, or was
not made in good faith for cause, shall order the immediate
reinstatement or reemployment of such person in the office,
place, position or employment from which such person was
removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion
or discharge. The commission upon such investigation, in
lieu of affirming the removal, suspension, demotion or discharge may modify the order of removal, suspension, demotion or discharge by directing a suspension, without pay, for
a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay; the findings of the commission shall be certified, in writing to the appointing power,
and shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to
the provisions of this section shall be by public hearing, after
reasonable notice to the accused of the time and place of such
hearing, at which hearing the accused shall be afforded an
opportunity of appearing in person and by counsel, and presenting his or her defense. If such judgment or order be concurred in by the commission or a majority thereof, the
accused may appeal therefrom to the court of original and
unlimited jurisdiction in civil suits of the county wherein he
or she resides. Such appeal shall be taken by serving the
commission, within thirty days after the entry of such judgment or order, a written notice of appeal, stating the grounds
thereof, and demanding that a certified transcript of the
record and of all papers on file in the office of the commission affecting or relating to such judgment or order, be filed
by the commission with such court. The commission shall,
within ten days after the filing of such notice, make, certify
(2010 Ed.)
41.08.100
and file such transcript with such court. The court of original
and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner: PROVIDED, HOWEVER, That such hearing shall be
confined to the determination of whether the judgment or
order of removal, discharge, demotion or suspension made by
the commission, was or was not made in good faith for cause,
and no appeal to such court shall be taken except upon such
ground or grounds. [2007 c 218 § 6; 1935 c 31 § 9; RRS §
9558-9.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.08.100
41.08.100 Filling of vacancies—Probationary period.
Whenever a position in the classified service becomes vacant,
the appointing power, if it desires to fill the vacancy, shall
make requisition upon the commission for the name and
address of a person eligible for appointment thereto. The
commission shall certify the name of the person highest on
the eligible list for the class to which the vacant position has
been allocated, who is willing to accept employment. If there
is no appropriate eligible list for the class, the commission
shall certify the name of the person standing highest on said
list held appropriate for such class. If more than one vacancy
is to be filled an additional name shall be certified for each
additional vacancy. The appointing power shall forthwith
appoint such person to such vacant position.
Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for
the class of such position exists, the commission shall forthwith certify the name of the person eligible for appointment
to the appointing power, and said appointing power shall
forthwith appoint the person so certified to said position. No
person so certified shall be laid off, suspended, or given leave
of absence from duty, transferred or reduced in pay or grade,
except for reasons which will promote the good of the service, specified in writing, and after an opportunity to be heard
by the commission and then only with its consent and
approval.
To enable the appointing power to exercise a choice in
the filling of positions, no appointment, employment or promotion in any position in the classified service shall be
deemed complete until after the expiration of a period of
three to six months’ probationary service, as may be provided
in the rules of the civil service commission during which the
appointing power may terminate the employment of the person certified to him or her, or it, if during the performance test
thus afforded, upon observation or consideration of the performance of duty, the appointing power deems him or her
unfit or unsatisfactory for service in the department. Whereupon the appointing power shall designate the person certified as standing next highest on any such list and such person
shall likewise enter upon said duties until some person is
found who is deemed fit for appointment, employment or
promotion for the probationary period provided therefor,
whereupon the appointment, employment or promotion shall
be deemed to be complete. [2007 c 218 § 7; 1935 c 31 § 11;
RRS § 9558-11.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
[Title 41 RCW—page 75]
41.08.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.08.110
41.08.110 Power to create offices, make appointments and fix salaries not infringed. All offices, places,
positions and employments coming within the purview of
this chapter, shall be created by the person or group of persons who, acting singly or in conjunction, as a mayor, city
manager, chief, common council, commission or otherwise,
is or are vested by law with power and authority to select,
appoint, or employ any person coming within the purview of
this chapter, and nothing herein contained shall infringe upon
the power and authority of any such person or group of persons, or appointing power, to fix the salaries and compensation of all employees employed hereunder. [1935 c 31 § 12;
RRS § 9558-12.]
41.08.120
41.08.120 Approval of payrolls. No treasurer, auditor,
comptroller or other officer or employee of any city, town or
municipality in which this chapter is effective, shall approve
the payment of or be in any manner concerned in paying,
auditing or approving any salary, wage or other compensation for services, to any person subject to the jurisdiction and
scope of this chapter, unless a payroll, estimate or account for
such salary, wage or other compensation, containing the
names of the persons to be paid, the amount to be paid to each
such person, the services on account of which same is paid,
and any other information which, in the judgment of the civil
service commission, should be furnished on said payroll,
bears the certificate of the civil service commission or of its
secretary or other duly authorized agent, that the persons
named in such payroll, estimate or account have been
appointed or employed in compliance with the terms of this
chapter and with the rules of the commission, and that the
said payroll, estimate or account is, so far as known to the
said commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or
employee whom it finds to be illegally or improperly
appointed, and may further refuse to certify the pay of any
public officer or employee who shall wilfully or through culpable negligence violate or fail to comply with this chapter or
with the rules of the commission. [1935 c 31 § 13; RRS §
9558-13.]
41.08.130
41.08.130 Leaves of absence—Notice—Filling
vacancy. Leave of absence, without pay, may be granted by
any appointing power to any person under civil service:
PROVIDED, That such appointing power shall give notice of
such leave to the commission. All temporary employment
caused by leaves of absence shall be made from the eligible
list of the classified civil service. [1935 c 31 § 14; RRS §
9558-14.]
41.08.140
41.08.140 Enforcement by civil action—Legal counsel. It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper
enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by
the chief legal officer of the city, but said commission may in
any case be represented by special counsel appointed by it.
[1935 c 31 § 15; RRS § 9558-15.]
[Title 41 RCW—page 76]
41.08.150
41.08.150 Deceptive practices, false marks, etc., prohibited. No commissioner or any other person shall, by himself or herself, or in cooperation with one or more persons,
defeat, deceive, or obstruct any person in respect of his or her
right of examination or registration according to the rules and
regulations of this chapter, or falsely mark, grade, estimate or
report upon the examination or proper standing of any person
examined, registered or certified pursuant to the provisions of
this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information
for the purpose of improving or injuring the prospects or
chances of any person so examined, registered or certified, or
to be examined, registered or certified or persuade any other
person, or permit or aid in any manner any other person to
personate him or her, in connection with any examination or
registration or application or request to be examined or registered. [2007 c 218 § 8; 1935 c 31 § 16; RRS § 9558-16.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.08.160
41.08.160 Political contributions and services—Not
required—Solicitation and coercion prohibited. No person holding any office, place, position or employment subject
to civil service, is under any obligation to contribute to any
political fund or to render any political service to any person
or party whatsoever, and no person shall be removed, reduced
in grade or salary, or otherwise prejudiced for refusing so to
do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official
rank, employment or compensation of any person under civil
service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or
services, or any other valuable thing, for any political purpose. [1935 c 31 § 17; RRS § 9558-17.]
Political activities of public employees: RCW 41.06.250.
41.08.170
41.08.170 Local legislation required—Penalty. The
various cities affected by the provisions of this chapter, shall,
immediately upon the taking effect thereof, enact appropriate
legislation for carrying this chapter into effect, and the failure
upon the part of the duly constituted authorities of any such
city so to do shall be considered a violation of this chapter
and be punishable as such. [1935 c 31 § 18; RRS § 9558-18.]
41.08.180
41.08.180 Office and supplies to be furnished—Penalty for not providing. The duly constituted authorities of
each and every city coming within the purview of this chapter, shall provide the commission with suitable and convenient rooms and accommodations and cause the same to be
furnished, heated and lighted and supplied with all office supplies and equipment necessary to carry on the business of the
commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of
persons in each such city coming within the purview of this
chapter; and the failure upon the part of the duly constituted
authorities to do so, shall be considered a violation of this
chapter and shall be punishable as such. [1935 c 31 § 19;
RRS § 9558-19.]
(2010 Ed.)
Civil Service for City Police
41.08.183
41.08.183 Time limit for creation of commission—
Penalty. In ninety days after the taking effect of this chapter,
it shall be the duty of the duly constituted authorities in each
such city, subject to the provisions of this chapter, to appoint
and create a civil service commission as provided for in RCW
41.08.010, and the failure upon the part of said duly constituted authorities, or any of them, so to do, shall be deemed a
violation of this chapter, and shall be punishable as such.
[1935 c 31 § 20; RRS § 9558-20.]
41.08.185
41.08.185 Duty of commission to organize and function—Penalty for violation. It shall be the duty of each
commission appointed subject to the provisions of this chapter, to immediately organize and see to it that the provisions
thereof are carried into effect, and to this end to make suitable
rules and regulations not inconsistent with the purpose of this
chapter, for the purpose of carrying the provisions thereof
into effect; and the failure upon the part of said commission,
or any individual member thereof to do so, shall be deemed a
violation of this chapter, and shall be punishable as such.
[1935 c 31 § 21; RRS § 9558-21.]
Chapter 41.12
41.08.220 Definitions. As used in this chapter, the following mentioned terms shall have the following described
meanings:
The term "commission" means the civil service commission herein created, and the term "commissioner" means any
one of the three commissioners of that commission.
The term "appointing power" includes every person or
group of persons who, acting singly or in conjunction, as a
mayor, city manager, council, common council, commission,
or otherwise, is or are, vested by law with power and authority to select, appoint, or employ any person to hold any office,
place, position or employment subject to civil service.
The term "appointment" includes all means of selection,
appointing or employing any person to hold any office, place,
position or employment subject to civil service.
The term "city" includes all cities, towns and municipalities having a full paid fire department.
The term "full paid fire department" means that the officers and firefighters employed in such are paid regularly by
the city and devote their whole time to firefighting. [2007 c
218 § 9; 1935 c 31 § 24; RRS § 9558-24.]
41.08.220
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.08.900 Severability—1935 c 31. If any section, subsection, subdivision, sentence, clause or phrase of this chapter, shall for any reason be held to be unconstitutional such
decision shall not affect the validity of the remaining portions
of this chapter. [1935 c 31 § 25; RRS § 9558-25.]
41.08.900
41.08.190
41.08.190 Cooperation of city officers and employees
enjoined. It shall be the duty of all officers and employees of
any such city to aid in all proper ways of carrying out the provisions of this chapter, and such rules and regulations as may,
from time to time, be prescribed by the commission thereunder and to afford the commission, its members and employees, all reasonable facilities and assistance to inspect all
books, papers, documents and accounts applying or in any
way appertaining to any and all offices, places, positions and
employments, subject to civil service, and also to produce
said books, papers, documents and accounts, and attend and
testify, whenever required so to do by the commission or any
commissioner. [1935 c 31 § 10; RRS § 9558-10.]
41.08.910 Repeal. All acts and parts of acts in conflict
with the provisions of this chapter are hereby repealed insofar
as they conflict with the provisions of this chapter. [1935 c
31 § 26; RRS § 9558-26.]
41.08.910
Chapter 41.12
Chapter 41.12 RCW
CIVIL SERVICE FOR CITY POLICE
Sections
41.08.200
41.08.200 Appropriation for expenses. For the purpose of carrying out the provisions of this chapter, such city,
town or municipality is hereby authorized to appropriate
from the general fund not to exceed four-tenths of one percent of the total payroll of those included under the jurisdiction and scope of the chapter: PROVIDED, HOWEVER,
That if the city council or other proper legislative body shall
make an appropriation for the support of said commission
equal to or more than the said continuing appropriation in any
year, this section shall not be operative for said year but otherwise shall be in full force and effect. [1935 c 31 § 22; RRS
§ 9558-22.]
41.08.210
41.08.210 Penalty—Jurisdiction. Any person who
shall wilfully violate any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one
hundred dollars and by imprisonment in the county jail for
not longer than thirty days, or by both such fine and imprisonment. The court of original and unlimited jurisdiction in
civil suits shall have jurisdiction of all such offenses defined
by this chapter. [1935 c 31 § 23; RRS § 9558-23.]
(2010 Ed.)
41.12.010
41.12.020
41.12.030
41.12.040
41.12.050
41.12.070
41.12.075
41.12.080
41.12.090
41.12.100
41.12.110
41.12.120
41.12.130
41.12.140
41.12.150
41.12.160
41.12.170
41.12.180
41.12.183
41.12.185
41.12.190
41.12.200
Application of chapter.
Excluded cities—Repeal of local law—Effect.
Civil service commission—Appointment—Terms—
Removal—Quorum.
Organization of commission—Secretary—Powers and duties
of commission.
Persons included—Restricted exemptions—Competitive
examinations—Transfers, discharges, and reinstatements.
Qualifications of applicants.
Residency as condition of employment—Discrimination
because of lack of residency—Prohibited.
Tenure of employment—Grounds for discharge, reduction, or
deprivation of privileges.
Procedure for removal, suspension, demotion or discharge—
Investigation—Hearing—Appeal.
Filling of vacancies—Probationary period.
Power to create offices, make appointments and fix salaries
not infringed.
Approval of payrolls.
Leaves of absence—Notice—Filling vacancy.
Enforcement by civil action—Legal counsel.
Deceptive practices, false marks, etc., prohibited.
Political contributions and services.
Local legislation required—Penalty.
Office and supplies to be furnished—Penalty for not providing.
Time limit for creation of commission—Penalty.
Duty of commission to organize and function—Penalty for
violation.
Cooperation of city officers and employees enjoined.
Appropriation for expenses.
[Title 41 RCW—page 77]
41.12.010
41.12.210
41.12.220
41.12.900
41.12.910
Title 41 RCW: Public Employment, Civil Service, and Pensions
Penalty—Jurisdiction.
Definitions.
Severability—1937 c 13.
Repeal.
41.12.010 Application of chapter. The provisions of
this chapter shall have no application to cities and towns
which at the present time have provided for civil service in
the police department or which shall subsequently provide
for civil service in the police department by local charter or
other regulations which said local charter or regulations substantially accomplish the purpose of this chapter, nor to cities
having a police force of not more than two persons including
the chief of police. [1937 c 13 § 1; RRS § 9558a-1.]
41.12.010
41.12.020 Excluded cities—Repeal of local law—
Effect. If any of the cities or towns referred to in RCW
41.12.010 shall at any time repeal the charter provisions or
other local acts of said cities or towns providing for civil service for police officers as referred to in RCW 41.12.010, in
that event this chapter shall apply to all of such cities and
towns which have at any time abolished civil service for
members of the police department. [2007 c 218 § 10; 1937 c
13 § 2; RRS § 9558a-2.]
41.12.020
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.12.030 Civil service commission—Appointment—
Terms—Removal—Quorum. There is hereby created in
every city, town or municipality except those referred to in
RCW 41.12.010, having fully paid police officers a civil service commission which shall be composed of three persons.
The members of such commission shall be appointed by
the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council,
commission, or otherwise, is or are vested by law with the
power and authority to select, appoint, or employ the chief of
a police department in any such city, prior to the enactment of
this chapter. The members of such commission shall serve
without compensation. No person shall be appointed a member of such commission who is not a citizen of the United
States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the
county wherein he or she resides. The term of office of such
commissioners shall be for six years, except that the first
three members of such commission shall be appointed for
different terms, as follows: One to serve for a period of two
years, one to serve for a period of four years, and one to serve
for a period of six years. Any member of such commission
may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other
good cause: PROVIDED, HOWEVER, That no member of
the commission shall be removed until charges have been
preferred, in writing, due notice and a full hearing had. The
members of such commission shall devote due time and
attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members
of such commission shall constitute a quorum and the votes
of any two members of such commission concurring shall be
sufficient for the decision of all matters and the transaction of
all business to be decided or transacted by the commission
under or by virtue of the provisions of this chapter. Confir41.12.030
[Title 41 RCW—page 78]
mation of said appointment or appointments of commissioners by any legislative body shall not be required. At the time
of any appointment not more than two commissioners shall
be adherents of the same political party. [2007 c 218 § 11;
1937 c 13 § 3; RRS § 9558a-3.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.12.040 Organization of commission—Secretary—
Powers and duties of commission. Immediately after
appointment the commission shall organize by electing one
of its members chair and hold regular meetings at least once
a month, and such additional meetings as may be required for
the proper discharge of their duties.
They shall appoint a secretary and chief examiner, who
shall keep the records for the commission, preserve all
reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other
duties as the commission may prescribe.
The secretary and chief examiner shall be appointed as a
result of competitive examination which examination may be
either original and open to all properly qualified citizens of
the city, town, or municipality, or promotional and limited to
persons already in the service of the police department or of
the police department and other departments of the city,
town, or municipality, as the commission may decide. The
secretary and chief examiner may be subject to suspension,
reduction, or discharge in the same manner and subject to the
same limitations as are provided in the case of members of
the police department. It shall be the duty of the civil service
commission:
(1) To make suitable rules and regulations not inconsistent with the provisions of this chapter. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers,
reinstatements, demotions, suspensions, and discharges shall
be made, and may also provide for any other matters connected with the general subject of personnel administration,
and which may be considered desirable to further carry out
the general purposes of this chapter, or which may be found
to be in the interest of good personnel administration. Such
rules and regulations may be changed from time to time. The
rules and regulations and any amendments thereof shall be
printed, mimeographed, or multigraphed for free public distribution. Such rules and regulations may be changed from
time to time;
(2) All tests shall be practical, and shall consist only of
subjects which will fairly determine the capacity of persons
examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness
and/or of manual skill;
(3) The rules and regulations adopted by the commission
shall provide for a credit in accordance with RCW 41.04.010
in favor of all applicants for appointment under civil service,
who, in time of war, or in any expedition of the armed forces
of the United States, have served in and been honorably discharged from the armed forces of the United States, including
the army, navy, and marine corps and the American Red
Cross. These credits apply to entrance examinations only;
(4) The commission shall make investigations concerning and report upon all matters touching the enforcement and
41.12.040
(2010 Ed.)
Civil Service for City Police
effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions, and employments affected
by this chapter, and ascertain whether this chapter and all
such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not
only must these investigations be made by the commission,
but the commission must make like investigation on petition
of a citizen, duly verified, stating that irregularities or abuses
exist, or setting forth in concise language, in writing, the
necessity for such investigation. In the course of such investigation the commission or designated commissioner, or chief
examiner, shall have the power to administer oaths, subpoena
and require the attendance of witnesses and the production by
them of books, papers, documents, and accounts appertaining
to the investigation, and also to cause the deposition of witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil actions
in the superior court; and the oaths administered hereunder
and the subpoenas issued hereunder shall have the same force
and effect as the oaths administered by a superior court judge
in his or her judicial capacity; and the failure upon the part of
any person so subpoenaed to comply with the provisions of
this section shall be deemed a violation of this chapter, and
punishable as such;
(5) Hearings and Investigations: How conducted. All
hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be governed by
this chapter and by rules of practice and procedure to be
adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall be
bound by the technical rules of evidence. No informality in
any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner,
shall invalidate any order, decision, rule or regulation made,
approved or confirmed by the commission: PROVIDED,
HOWEVER, That no order, decision, rule or regulation made
by any designated commissioner conducting any hearing or
investigation alone shall be of any force or effect whatsoever
unless and until concurred in by at least one of the other two
members;
(6) To hear and determine appeals or complaints respecting the administrative work of the personnel department;
appeals upon the allocation of positions; the rejection of an
examination, and such other matters as may be referred to the
commission;
(7) Establish and maintain in card or other suitable form
a roster of officers and employees;
(8) Provide for, formulate and hold competitive tests to
determine the relative qualifications of persons who seek
employment in any class or position and as a result thereof
establish eligible lists for the various classes of positions, and
to provide that persons laid off because of curtailment of
expenditures, reduction in force, and for like causes, head the
list in the order of their seniority, to the end that they shall be
the first to be reemployed;
(9) When a vacant position is to be filled, to certify to the
appointing authority, on written request, the name of the person highest on the eligible list for the class. If there are no
such lists, to authorize provisional or temporary appointment
(2010 Ed.)
41.12.050
list of such class. Such temporary or provisional appointment
shall not continue for a period longer than four months; nor
shall any person receive more than one provisional appointment or serve more than four months as provisional appointee in any one fiscal year;
(10) Keep such records as may be necessary for the
proper administration of this chapter. [1993 c 47 § 5; 1937 c
13 § 5; RRS § 9558a-5.]
Preferred rights in employment, examinations, appointments, etc., limited to
actual members of armed forces: RCW 73.04.090.
Veterans’ scoring criteria status in examinations: RCW 41.04.010.
41.12.050 Persons included—Restricted exemptions—Competitive examinations—Transfers, discharges, and reinstatements. (1) For police departments
with fewer than six commissioned officers, including the
police chief, the classified civil service and provisions of this
chapter includes all full paid employees of the department of
the city, town, or municipality.
(2) For police departments with six or more commissioned officers, including the police chief, the legislative
body of a city, town, or municipality may exempt from civil
service individuals appointed as police chief after July 1,
1987.
(a) If the police chief is not exempt, the classified civil
service includes all full paid employees of the department of
the city, town, or municipality, including the police chief.
(b) If the police chief is exempt, the classified civil service includes all full paid employees of the department of the
city, town, or municipality, except the police chief and an
additional number of positions, designated the unclassified
service, determined as follows:
41.12.050
Department Personnel
6 through 10
11 through 20
21 through 50
51 through 100
101 through 250
251 through 500
501 and over
Unclassified
Position Appointments
2
3
4
5
6
8
10
(3) The unclassified position appointments authorized by
subsection (2)(b) of this section may only include selections
from the following positions up to the limit of the number of
positions authorized: Assistant chief, deputy chief, bureau
commander, and administrative assistant or administrative
secretary. The initial selection of specific positions to be in
the unclassified service and exempt from civil service shall
be made by the police chief, who shall notify the civil service
commission of his or her selection. Subsequent changes in
the designation of which positions are in the unclassified service may be made only with the concurrence of the police
chief, the mayor or the city administrator, and the civil service commission, and then only after the civil service commission has heard the issue in an open meeting. If a position
initially selected by the police chief to be in the unclassified
service is in the classified civil service at the time of the
selection, and if the position is occupied, the employee occu[Title 41 RCW—page 79]
41.12.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
pying the position has the right to return to the next highest
position or a like position in the classified civil service.
(4) All appointments to and promotions in the department shall be made solely on merit, efficiency, and fitness
except as provided in RCW 35.13.360 through 35.13.400,
which shall be ascertained by open competitive examination
and impartial investigation. No person in the unclassified service shall be reinstated in or transferred, suspended, or discharged from any such place, position, or employment contrary to the provisions of this chapter. [2002 c 143 § 1; 1993
c 189 § 1; 1987 c 339 § 2; 1937 c 13 § 4; RRS § 9558a-4.]
Chief of police or marshal—Eligibility requirements: RCW 35.21.333.
Additional notes found at www.leg.wa.gov
41.12.070 Qualifications of applicants. An applicant
for a position of any kind under civil service, must be a citizen of the United States of America who can read and write
the English language.
An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in
ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in
such manner as the commission may deem advisable. [1972
ex.s. c 37 § 3; 1963 c 95 § 2; 1937 c 13 § 7; RRS § 9558a-7.]
41.12.070
Purpose—1972 ex.s. c 37: See note following RCW 41.08.070.
41.12.075 Residency as condition of employment—
Discrimination because of lack of residency—Prohibited.
No city, town, or municipality shall require any person applying for or holding an office, place, position, or employment
under the provisions of this chapter or under any local charter
or other regulations described in RCW 41.12.010 to reside
within the limits of such municipal corporation as a condition
of employment or to discriminate in any manner against any
such person because of his or her residence outside of the
limits of such city, town, or municipality. [2007 c 218 § 12;
1972 ex.s. c 37 § 5.]
41.12.075
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Purpose—1972 ex.s. c 37: See note following RCW 41.08.070.
41.12.080 Tenure of employment—Grounds for discharge, reduction, or deprivation of privileges. The tenure
of everyone holding an office, place, position or employment
under the provisions of this chapter shall be only during good
behavior, and any such person may be removed or discharged, suspended without pay, demoted, or reduced in
rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
(1) Incompetency, inefficiency or inattention to or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow
employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on
the part of the employee to properly conduct himself or herself; or any willful violation of the provisions of this chapter
or the rules and regulation to be adopted hereunder;
(3) Mental or physical unfitness for the position which
the employee holds;
41.12.080
[Title 41 RCW—page 80]
(4) Dishonest, disgraceful, immoral or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics,
or any other habit forming drug, liquid or preparation to such
extent that the use thereof interferes with the efficiency or
mental or physical fitness of the employee, or which precludes the employee from properly performing the function
and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor, involving
moral turpitude;
(7) Any other act or failure to act which in the judgment
of the civil service commissioners is sufficient to show the
offender to be an unsuitable and unfit person to be employed
in the public service. [2007 c 218 § 13; 1937 c 13 § 8; RRS
§ 9558a-8.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.12.090 Procedure for removal, suspension, demotion or discharge—Investigation—Hearing—Appeal. No
person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter, shall be removed, suspended, demoted
or discharged except for cause, and only upon written accusation of the appointing power, or any citizen or taxpayer; a
written statement of which accusation, in general terms, shall
be served upon the accused, and a duplicate filed with the
commission. Any person so removed, suspended, demoted
or discharged may within ten days from the time of his or her
removal, suspension, demotion or discharge, file with the
commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The
investigation shall be confined to the determination of the
question of whether such removal, suspension, demotion or
discharge was or was not made for political or religious reasons and was or was not made in good faith for cause. After
such investigation the commission may affirm the removal,
or if it shall find that the removal, suspension, or demotion
was made for political or religious reasons, or was not made
in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place,
position or employment from which such person was
removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion
or discharge. The commission upon such investigation, in
lieu of affirming the removal, suspension, demotion or discharge may modify the order of removal, suspension, demotion or discharge by directing a suspension, without pay, for
a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay; the findings of the commission shall be certified, in writing to the appointing power,
and shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to
the provisions of this section shall be had by public hearing,
after reasonable notice to the accused of the time and place of
such hearing, at which hearing the accused shall be afforded
an opportunity of appearing in person and by counsel, and
presenting his or her defense. If such judgment or order be
concurred in by the commission or a majority thereof, the
41.12.090
(2010 Ed.)
Civil Service for City Police
accused may appeal therefrom to the court of original and
unlimited jurisdiction in civil suits of the county wherein he
or she resides. Such appeal shall be taken by serving the
commission, within thirty days after the entry of such judgment or order, a written notice of appeal, stating the grounds
thereof, and demanding that a certified transcript of the
record and of all papers on file in the office of the commission affecting or relating to such judgment or order, be filed
by the commission with such court. The commission shall,
within ten days after the filing of such notice, make, certify
and file such transcript with such court. The court of original
and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner: PROVIDED, HOWEVER, That such hearing shall be
confined to the determination of whether the judgment or
order of removal, discharge, demotion or suspension made by
the commission, was or was not made in good faith for cause,
and no appeal to such court shall be taken except upon such
ground or grounds. [2007 c 218 § 14; 1937 c 13 § 9; RRS §
9558a-9.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.12.100
41.12.100 Filling of vacancies—Probationary period.
Whenever a position in the classified service becomes vacant,
the appointing power, if it desires to fill the vacancy, shall
make requisition upon the commission for the name and
address of a person eligible for appointment thereto. The
commission shall certify the name of the person highest on
the eligible list for the class to which the vacant position has
been allocated, who is willing to accept employment. If there
is no appropriate eligible list for the class, the commission
shall certify the name of the person standing highest on said
list held appropriate for such class. If more than one vacancy
is to be filled an additional name shall be certified for each
additional vacancy. The appointing power shall forthwith
appoint such person to such vacant position.
Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for
the class of such position exists, the commission shall forthwith certify the name of the person eligible for appointment
to the appointing power, and said appointing power shall
forthwith appoint the person so certified to said position. No
person so certified shall be laid off, suspended, or given leave
of absence from duty, transferred or reduced in pay or grade,
except for reasons which will promote the good of the service, specified in writing, and after an opportunity to be heard
by the commission and then only with its consent and
approval.
To enable the appointing power to exercise a choice in
the filling of positions, no appointment, employment or promotion in any position in the classified service shall be
deemed complete until after the expiration of a period of
three to six months’ probationary service, as may be provided
in the rules of the civil service commission during which the
appointing power may terminate the employment of the person certified to him or her, or it, if during the performance test
thus afforded, upon observation or consideration of the performance of duty, the appointing power deems him or her
unfit or unsatisfactory for service in the department, whereupon the appointing power shall designate the person certi(2010 Ed.)
41.12.130
fied as standing next highest on any such list and such person
shall likewise enter upon said duties until some person is
found who is deemed fit for appointment, employment or
promotion for the probationary period provided therefor,
whereupon the appointment, employment or promotion shall
be deemed to be complete. [2007 c 218 § 15; 1937 c 13 § 11;
RRS § 9558a-11.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.12.110
41.12.110 Power to create offices, make appointments and fix salaries not infringed. All offices, places,
positions and employments coming within the purview of
this chapter, shall be created by the person or group of persons who, acting singly or in conjunction, as a mayor, city
manager, chief, common council, commission or otherwise,
it is vested by law with power and authority to select, appoint,
or employ any person coming within the purview of this
chapter, and nothing herein contained shall infringe upon the
power and authority of any such person or group of persons,
or appointing power, to fix the salaries and compensation of
all employees employed hereunder. [1937 c 13 § 12; RRS §
9558a-12.]
41.12.120
41.12.120 Approval of payrolls. No treasurer, auditor,
comptroller or other officer, or employee of any city, town or
municipality in which this chapter is effective, shall approve
the payment of or be in any manner concerned in paying,
auditing or approving any salary, wage, or other compensation for services, to any person subject to the jurisdiction and
scope of this chapter, unless a payroll, estimate or account for
such salary, wage or other compensation, containing the
names of the persons to be paid, the amount to be paid to each
such person, the services on account of which same is paid,
and any other information which, in the judgment of the civil
service commission, should be furnished on said payroll,
bears the certificate of the civil service commission or of its
secretary or other duly authorized agent, that the persons
named in such payroll, estimate or account have been
appointed or employed in compliance with the terms of this
chapter and with the rules of the commission, and that the
said payroll, estimate or account is, so far as known to the
said commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or
employee whom it finds to be illegally or improperly
appointed, and may further refuse to certify the pay of any
public officer or employee who shall wilfully or through culpable negligence violate or fail to comply with this chapter or
with the rules of the commission. [1937 c 13 § 13; RRS §
9558a-13.]
41.12.130
41.12.130 Leaves of absence—Notice—Filling
vacancy. Leave of absence, without pay, may be granted by
any appointing power to any person under civil service:
PROVIDED, That such appointing power shall give notice of
such leave to the commission. All temporary employment
caused by leaves of absence shall be made from the eligible
list of the classified civil service. [1937 c 13 § 14; RRS §
9558a-14.]
[Title 41 RCW—page 81]
41.12.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.12.140 Enforcement by civil action—Legal counsel. It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper
enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by
the chief legal officer of the city, but said commission may in
any case be represented by special counsel appointed by it.
[1937 c 13 § 15; RRS § 9558a-15.]
41.12.140
commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of
persons in each such city coming within the purview of this
chapter; and the failure upon the part of the duly constituted
authorities to do so, shall be considered a violation of this
chapter and shall be punishable as such. [1937 c 13 § 19;
RRS § 9558a-19.]
41.12.183 Time limit for creation of commission—
Penalty. In ninety days after the taking effect of this chapter,
it shall be the duty of the duly constituted authorities in each
such city, subject to the provisions of this chapter, to appoint
and create a civil service commission as provided for in RCW
41.12.010, and the failure upon the part of said duly constituted authorities, or any of them, so to do, shall be deemed a
violation of this chapter, and shall be punishable as such.
[1937 c 13 § 20; RRS § 9558a-20.]
41.12.183
41.12.150 Deceptive practices, false marks, etc., prohibited. No commissioner or any other person shall, by himself or herself, or in cooperation with one or more persons,
defeat, deceive, or obstruct any person in respect of his or her
right of examination or registration according to the rules and
regulations of this chapter, or falsely mark, grade, estimate or
report upon the examination or proper standing of any person
examined, registered or certified pursuant to the provisions of
this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information
for the purpose of improving or injuring the prospects or
chances of any person so examined, registered or certified, or
to be examined, registered or certified or persuade any other
person, or permit or aid in any manner any other person to
personate him or her, in connection with any examination or
registration of application or request to be examined or registered. [2007 c 218 § 16; 1937 c 13 § 16; RRS § 9558a-16.]
41.12.150
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.12.160 Political contributions and services. No
person holding any office, place, position or employment
subject to civil service, is under any obligation to contribute
to any political fund or to render any political service to any
person or party whatsoever, and no person shall be removed,
reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed,
shall discharge, promote, demote, or in any manner change
the official rank, employment or compensation of any person
under civil service, or promise or threaten so to do, for giving
or withholding, or neglecting to make any contribution of
money, or services, or any other valuable thing, for any political purpose. [1937 c 13 § 17; RRS § 9558a-17.]
41.12.185 Duty of commission to organize and function—Penalty for violation. It shall be the duty of each
commission appointed subject to the provisions of this chapter, to immediately organize and see to it that the provisions
thereof are carried into effect, and to this end to make suitable
rules and regulations not inconsistent with the purpose of this
chapter, for the purpose of carrying the provisions thereof
into effect; and the failure upon the part of said commission,
or any individual member thereof to do so, shall be deemed a
violation of this chapter, and shall be punishable as such.
[1937 c 13 § 21; RRS § 9558a-21.]
41.12.185
41.12.160
Political activities of public employees: RCW 41.06.250.
41.12.170 Local legislation required—Penalty. The
various cities affected by the provisions of this chapter, shall
immediately upon the taking effect thereof, enact appropriate
legislation for carrying this chapter into effect, and the failure
upon the part of the duly constituted authorities of any such
city so to do shall be considered a violation of this chapter
and be punishable as such. [1937 c 13 § 18; RRS §
9558a-18.]
41.12.170
41.12.180 Office and supplies to be furnished—Penalty for not providing. The duly constituted authorities of
each and every city coming within the purview of this chapter, shall provide the commission with suitable and convenient rooms and accommodations and cause the same to be
furnished, heated and lighted and supplied with all office supplies and equipment necessary to carry on the business of the
41.12.180
[Title 41 RCW—page 82]
41.12.190 Cooperation of city officers and employees
enjoined. It shall be the duty of all officers and employees of
any such city to aid in all proper ways of carrying out the provisions of this chapter, and such rules and regulations as may,
from time to time, be prescribed by the commission thereunder and to afford the commission, its members and employees, all reasonable facilities and assistance to inspect all
books, papers, documents and accounts applying or in any
way appertaining to any and all offices, places, positions and
employments, subject to civil service, and also to produce
said books, papers, documents and accounts, and attend and
testify, whenever required so to do by the commission or any
commissioner. [1937 c 13 § 10; RRS § 9558a-10.]
41.12.190
41.12.200 Appropriation for expenses. For the purpose of carrying out the provisions of this chapter, such city,
town or municipality is hereby authorized to appropriate
from the general fund not to exceed four-tenths of one percent of the total payroll of those included under the jurisdiction and scope of the chapter: PROVIDED, HOWEVER,
That if the city council or other proper legislative body shall
make an appropriation for the support of said commission
equal to or more than the said continuing appropriation in any
year, this section shall not be operative for said year but otherwise shall be in full force and effect. [1937 c 13 § 22; RRS
§ 9558a-22.]
41.12.200
41.12.210 Penalty—Jurisdiction. Any person who
shall wilfully violate any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon convic41.12.210
(2010 Ed.)
Civil Service for Sheriff’s Office
tion thereof, shall be punished by a fine of not more than one
hundred dollars and by imprisonment in the county jail for
not longer than thirty days, or by both such fine and imprisonment. The court of original and unlimited jurisdiction in
civil suits shall have jurisdiction of all such offenses defined
by this chapter. [1937 c 13 § 23; RRS § 9558a-23.]
41.12.220 Definitions. As used in this chapter, the following mentioned terms shall have the following described
meanings:
The term "commission" means the civil service commission herein created, and the term "commissioner" means any
one of the three commissioners of that commission.
The term "appointing power" includes every person or
group of persons who, acting singly or in conjunction, as a
mayor, city manager, council, common council, commission,
or otherwise, is or are, invested by law with power and
authority to select, appoint, or employ any person to hold any
office, place, position or employment subject to civil service.
The term "appointment" includes all means of selection,
appointing or employing any person to hold any office, place,
position or employment subject to civil service.
The term "city" includes all cities, towns and municipalities having a full paid police department.
The term "full paid police department" means that the
officers and police officers employed in such are paid regularly by the city and devote their whole time to police duty:
PROVIDED, "full paid police department" whenever used in
this chapter shall also mean "full paid police officers." [2007
c 218 § 17; 1937 c 13 § 24; RRS § 9558a-24.]
41.12.220
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.12.900 Severability—1937 c 13. If any section, subsection, subdivision, sentence, clause or phrase of this chapter, shall for any reason be held to be unconstitutional, such
decision shall not affect the validity of the remaining portions
of this chapter. [1937 c 13 § 25; RRS § 9558a-25.]
41.12.900
41.12.910 Repeal. All acts and parts of acts in conflict
with the provisions of this chapter are hereby repealed insofar
as they conflict with the provisions of this chapter. [1937 c
13 § 26; RRS § 9558a-26.]
41.12.910
Chapter 41.14 RCW
CIVIL SERVICE FOR SHERIFF’S OFFICE
Chapter 41.14
Sections
41.14.010
41.14.020
41.14.030
41.14.040
41.14.050
41.14.060
41.14.065
41.14.070
41.14.080
41.14.090
41.14.100
41.14.110
(2010 Ed.)
Declaration of purpose.
Terms defined.
Civil service commission—Appointment, terms, qualifications, compensation, etc.
Combined system authorized in counties with populations of
less than forty thousand.
Commission—Organization, meetings—Chief examiner,
qualifications, duties.
Powers and duties of commission.
Delegation of powers and duties of commission in county with
a population of one million or more.
Classified and unclassified service designated—Procedures.
Classified service—Appointment, promotion, transfer, suspension, discharge.
Status of existing employees in classified service.
Qualifications of applicants for position.
Tenure—Grounds for deprivation.
41.14.120
41.14.130
41.14.140
41.14.150
41.14.160
41.14.170
41.14.180
41.14.190
41.14.200
41.14.210
41.14.220
41.14.250
41.14.260
41.14.270
41.14.280
41.14.290
41.14.900
41.14.030
Removal, suspension, demotion, or discharge—Procedure—
Appeal.
Filling vacancies in classified service—Eligibility list—Probation.
Power to fill positions—Consent of county commissioners—
Salaries and compensation.
Procedure for payment of compensation—Refusal to pay.
Leaves of absence.
Actions to enforce chapter—Duties of prosecuting attorneys.
Prohibited acts relating to registration, examination, certification—Discrimination prohibited.
Political activities regulated.
Cooperation and aid by other county officers and employees.
Funds for commission in counties with populations of two
hundred ten thousand or more—County budget—Surplus.
Penalty—Jurisdiction.
City contracts to obtain sheriff’s office law enforcement services—Transfer of police department employees.
City contracts to obtain sheriff’s office law enforcement services—Transfer of police department employees into county
civil service for sheriff’s office—Seniority for employment.
City contracts to obtain sheriff’s office law enforcement services—Lay offs—Notice—Time limitation for transfers.
City contracts to obtain sheriff’s office law enforcement services—Rules and regulations.
Appointment of classified employee to exempt position—
Return to regular position.
Severability—1959 c 1.
41.14.010 Declaration of purpose. The general purpose of this chapter is to establish a merit system of employment for county deputy sheriffs and other employees of the
office of county sheriff, thereby raising the standards and
efficiency of such offices and law enforcement in general.
[1987 c 251 § 1; 1985 c 429 § 3; 1959 c 1 § 1 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.010
41.14.020 Terms defined. Definition of terms:
(1) "Appointing power" means the county sheriff who is
invested by law with power and authority to select, appoint,
or employ any deputy, deputies, or other necessary employees subject to civil service;
(2) "Appointment" includes all means of selecting,
appointing, or employing any person to any office, place,
position, or employment subject to civil service;
(3) "Commission" means the civil service commission,
or combined county civil service commission, herein created,
and "commissioner" means any one of the members of any
such commission;
(4) "County" means any county of the state, or any counties combined pursuant to RCW 41.14.040 for the purpose of
carrying out the provisions of this chapter;
(5) "Deputy sheriff or other members of the office of
county sheriff" means all persons regularly employed in the
office of county sheriff either on a part time or full time basis.
[2009 c 112 § 1; 1959 c 1 § 2 (Initiative Measure No. 23,
approved November 4, 1958).]
41.14.020
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
41.14.030 Civil service commission—Appointment,
terms, qualifications, compensation, etc. (1) There is created in each county and in each combination of counties,
combined pursuant to RCW 41.14.040 to carry out the provisions of this chapter, a civil service commission which shall
be composed of three persons, or five persons under subsection (2) of this section. The commission members shall be
appointed by the board of county commissioners, or boards
41.14.030
[Title 41 RCW—page 83]
41.14.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
of county commissioners of each combination of counties,
within sixty days after December 4, 1958. No person shall be
appointed to the commission who is not a citizen of the
United States, a resident of the county, or one of the counties
combined, for at least two years immediately preceding his
appointment, and an elector of the county wherein he resides.
The term of office of the commissioners shall be six years,
except that the first three members of the commission shall be
appointed for different terms, as follows: One to serve for a
period of two years, one to serve for a period of four years,
and one to serve for a period of six years. Any member of the
commission may be removed from office for incompetency,
incompatibility, or dereliction of duty, or malfeasance in
office, or other good cause: PROVIDED, That no member of
the commission shall be removed until charges have been
preferred, in writing, due notice, and a full hearing had. Any
vacancy in the commission shall be filled by the county commissioners for the unexpired term. Two members of the
commission shall constitute a quorum and the votes of any
two members concurring shall be sufficient for the decision
of all matters and the transaction of all business to be decided
or transacted by the commission. Confirmation of the
appointment of commissioners by any legislative body shall
not be required. At the time of appointment not more than
two commissioners shall be adherents of the same political
party. No member after appointment shall hold any salaried
public office or engage in county employment, other than his
commission duties. The members of the commission shall
serve without compensation.
(2)(a) Each county and each combination of counties
under RCW 41.14.040 may, by ordinance, increase the number of members serving on a commission from three to five
members. If a commission is increased to five members, the
terms of the three commissioners serving at the time of the
increase are not affected. The initial term of office for the
two additional commissioners is six years.
(b) Three commissioners constitute a quorum for a fivemember commission and the votes of three commissioners
concurring are sufficient for the decision of all matters and
the transaction of all business decided or transacted by a fivemember commission.
(c) At the time of appointment of the two additional
commissioners, no more than three commissioners may be
adherents of the same political party.
(d) Except as provided otherwise in this subsection (2),
subsection (1) of this section applies to five-member commissions. [2009 c 112 § 2; 1959 c 1 § 3 (Initiative Measure
No. 23, approved November 4, 1958).]
41.14.040
41.14.040 Combined system authorized in counties
with populations of less than forty thousand. Any counties
with populations of less than forty thousand, whether contiguous or not, are authorized to establish and operate a combined civil service system to serve all counties so combined.
The combination of any such counties shall be effective
whenever each board of county commissioners of the counties involved adopts a resolution declaring intention to participate in the operation of a combined county civil service system in accordance with agreements made between any such
counties. Any such combined county civil service commis[Title 41 RCW—page 84]
sion shall serve the employees of each county sheriff’s office
impartially and according to need.
All matters affecting the combined civil service commission, including the selection of commissioners, shall be
decided by majority vote of all the county commissioners of
the counties involved.
All the provisions of this chapter shall apply equally to
any such combined civil service system. [1991 c 363 § 114;
1959 c 1 § 4 (Initiative Measure No. 23, approved November
4, 1958).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.050 Commission—Organization, meetings—
Chief examiner, qualifications, duties. Immediately after
appointment the commission shall organize by electing one
of its members as chair and shall hold regular meetings at
least once a month, and such additional meetings as may be
required for the proper discharge of its duties.
The commission shall appoint a chief examiner who
shall also serve as secretary of the commission and such
assistants as may be necessary. The commission has supervisory responsibility over the chief examiner. The chief examiner shall keep the records for the commission, preserve all
reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other
duties as the commission may prescribe.
The chief examiner shall be appointed as a result of competitive examination, which examination must be open to all
properly qualified citizens of the county: PROVIDED, That
no appointee of the commission, either as chief examiner or
as an assistant to the chief examiner, shall be an employee of
the sheriff’s department. The chief examiner may be subject
to suspension, reduction, or discharge in the same manner
and subject to the same limitations as are provided in the case
of members of the classified service. [2007 c 12 § 1; 1979
ex.s. c 153 § 1; 1959 c 1 § 5 (Initiative Measure No. 23,
approved November 4, 1958).]
41.14.050
41.14.060 Powers and duties of commission. It shall
be the duty of the civil service commission:
(1) To make suitable rules and regulations not inconsistent with the provisions hereof. Such rules and regulations
shall provide in detail the manner in which examinations may
be held, and appointments, promotions, reallocations, transfers, reinstatements, demotions, suspensions, and discharges
shall be made, and may also provide for any other matters
connected with the general subject of personnel administration, and which may be considered desirable to further carry
out the general purposes of this chapter, or which may be
found to be in the interest of good personnel administration.
The rules and regulations and any amendments thereof shall
be printed, mimeographed, or multigraphed for free public
distribution. Such rules and regulations may be changed from
time to time.
(2) To give practical tests which shall consist only of
subjects which will fairly determine the capacity of persons
examined to perform duties of the position to which appointment is to be made. Such tests may include tests of physical
fitness or manual skill or both.
41.14.060
(2010 Ed.)
Civil Service for Sheriff’s Office
(3) To make investigations concerning and report upon
all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed
hereunder; to inspect all departments, offices, places, positions, and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations
are being obeyed. Such investigations may be made by the
commission or by any commissioner designated by the commission for that purpose. Not only must these investigations
be made by the commission as aforesaid, but the commission
must make like investigation on petition of a citizen, duly
verified, stating that irregularities or abuses exist, or setting
forth in concise language, in writing, the necessity for such
investigation. In the course of such investigation the commission or designated commissioner, or chief examiner, may
administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation and
also cause the deposition of witnesses residing within or
without the state to be taken in the manner prescribed by law
for like depositions in civil actions in the superior court; and
the oaths administered and the subpoenas issued hereunder
shall have the same force and effect as the oaths administered
and subpoenas issued by a superior court judge in his judicial
capacity; and the failure of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter, and punishable as such.
(4) To conduct hearings and investigations in accordance
with this chapter and by the rules of practice and procedure
adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall be
bound by technical rules of evidence. No informality in any
proceedings or hearing, or in the manner of taking testimony
before the commission or designated commissioner, shall
invalidate any order, decision, rule, or regulation made,
approved, or confirmed by the commission: PROVIDED,
That no order, decision, rule, or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless
and until concurred in by at least one of the other two members.
(5) To hear and determine appeals or complaints respecting the allocation of positions, the rejection of an examinee,
and such other matters as may be referred to the commission.
(6) To provide for, formulate, and hold competitive tests
to determine the relative qualifications of persons who seek
employment in any class or position and as a result thereof
establish eligible lists for the various classes of positions, and
provide that persons laid off, or who have accepted voluntary
demotion in lieu of layoff, because of curtailment of expenditures, reduction in force, and for like causes, head the list in
the order of their seniority, to the end that they shall be the
first to be reemployed or reinstated in their former job class.
(7) To certify to the appointing authority, when a vacant
position is to be filled, on written request, the names of the
three persons highest on the eligible list for the class. If there
is no such list, to authorize a provisional or temporary
appointment list for such class. A temporary appointment
expires after four months. However, the appointing authority
may extend the temporary appointment beyond the fourmonth period up to one year if the commission continues to
(2010 Ed.)
41.14.070
advertise and test for the position. If, after one year from the
date the initial temporary appointment was first made, there
are less than three persons on the eligible list for the class,
then the appointing authority may fill the position with any
person or persons on the eligible list.
(8) To keep such records as may be necessary for the
proper administration of this chapter. [2001 c 232 § 1; 1979
ex.s. c 153 § 2; 1959 c 1 § 6 (Initiative Measure No. 23,
approved November 4, 1958).]
41.14.065 Delegation of powers and duties of commission in county with a population of one million or
more. Any county with a population of one million or more
may assign the powers and duties of the commission to such
county agencies or departments as may be designated by
charter or ordinance: PROVIDED, That the powers and
duties of the commission under RCW 41.14.120 shall not be
assigned to any other body but shall continue to be vested in
the commission, which shall exist to perform such powers
and duties, together with such other adjudicative functions as
may be designated by charter or ordinance. [1991 c 363 §
115; 1987 c 251 § 2.]
41.14.065
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.070 Classified and unclassified service designated—Procedures. (1) The classified civil service and provisions of this chapter shall include all deputy sheriffs and
other employees of the office of sheriff in each county except
the county sheriff in every county and an additional number
of positions, designated the unclassified service, determined
as follows:
41.14.070
Staff Personnel
1 through 10
11 through 20
21 through 50
51 through 100
101 through 250
251 through 500
501 and over
Unclassified
Position Appointments
2
3
4
5
6
8
10
(2) The unclassified position appointments authorized by
this section must include selections from the following positions up to the limit of the number of positions authorized:
Undersheriff, inspector, chief criminal deputy, chief civil
deputy, jail superintendent, and administrative assistant or
administrative secretary. The initial selection of specific
positions to be exempt shall be made by the sheriff, who shall
notify the civil service commission of his or her selection.
Subsequent changes in the designation of which positions are
to be exempt may be made only with the concurrence of the
sheriff and the civil service commission, and then only after
the civil service commission has heard the issue in open
meeting. Should the position or positions initially selected by
the sheriff to be exempt (unclassified) pursuant to this section
be under the classified civil service at the time of such selection, and should it (or they) be occupied, the employee(s)
[Title 41 RCW—page 85]
41.14.080
Title 41 RCW: Public Employment, Civil Service, and Pensions
occupying said position(s) shall have the right to return to the
next highest position or a like position under classified civil
service.
(3) In counties with a sheriff’s department that operates
the 911 emergency communications system, in addition to
the unclassified positions authorized in subsections (1), (2),
and (4) of this section, the sheriff may designate one unclassified position for the 911 emergency communications system.
(4) In addition to the unclassified positions authorized in
this section, the county legislative authority of any county
with a population of five hundred thousand or more operating
under a home rule charter may designate unclassified positions of administrative responsibility not to exceed twenty
positions. [2001 c 151 § 1; 1997 c 62 § 1; 1991 c 363 § 116;
1979 ex.s. c 153 § 3; 1975 1st ex.s. c 186 § 1; 1959 c 1 § 7
(Initiative Measure No. 23, approved November 4, 1958).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.080
41.14.080 Classified service—Appointment, promotion, transfer, suspension, discharge. All appointments to
and promotions to positions in the classified civil service of
the office of county sheriff shall be made solely on merit,
efficiency, and fitness, which shall be ascertained by open
competitive examination and impartial investigation: PROVIDED, That before June 30, 1981, employees in an existing
county personnel system may be transferred to newly created
and classified positions within such county’s sheriff’s office,
in order to permanently transfer the functions of these positions, without meeting the open competitive examination
requirements of this section if the transfer is approved by the
civil service commission created in RCW 41.14.030. No person in the classified civil service shall be reinstated in or
transferred, suspended, or discharged from any such place,
position, or employment contrary to the provisions of this
chapter. [1980 c 108 § 1; 1959 c 1 § 8 (Initiative Measure
No. 23, approved November 4, 1958).]
41.14.090
41.14.090 Status of existing employees in classified
service. For the benefit of the public service and to prevent
delay, injury, or interruption therein by reason of the enactment hereof, all persons holding a position which is deemed
classified by RCW 41.14.070 for a continuous period of six
months prior to December 4, 1958, are eligible for permanent
appointment under civil service to the offices, places, positions, or employments which they then held without examination or other act on their part, and not on probation; and
every such person is automatically adopted and inducted permanently into civil service, into the office, place, position, or
employment which he then held as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. [1959 c 1 § 9 (Initiative Measure No.
23, approved November 4, 1958).]
41.14.100
41.14.100 Qualifications of applicants for position.
An applicant for a position of any kind under civil service,
must be a citizen of the United States who can read and write
[Title 41 RCW—page 86]
the English language. [1963 c 95 § 3; 1959 c 1 § 10 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.110 Tenure—Grounds for deprivation. The
tenure of every person holding an office, place, position, or
employment under the provisions of this chapter shall be only
during good behavior, and any such person may be removed
or discharged, suspended without pay, demoted, or reduced
in rank, or deprived of vacation privileges or other special
privileges for any of the following reasons:
(1) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow
employee, or any other act of omission or commission tending to injure the public service; or any other wilful failure on
the part of the employee to properly conduct himself; or any
wilful violation of the provisions of this chapter or the rules
and regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which
the employee holds;
(4) Dishonest, disgraceful, or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics,
or any other habit forming drug, liquid, or preparation to such
extent that the use thereof interferes with the efficiency or
mental or physical fitness of the employee, or which precludes the employee from properly performing the function
and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor involving
moral turpitude;
(7) Any other act or failure to act which in the judgment
of the civil service commission is sufficient to show the
offender to be an unsuitable and unfit person to be employed
in the public service. [1959 c 1 § 11 (Initiative Measure No.
23, approved November 4, 1958).]
41.14.110
41.14.120 Removal, suspension, demotion, or discharge—Procedure—Appeal. No person in the classified
civil service who has been permanently appointed or
inducted into civil service under provisions of this chapter,
shall be removed, suspended, demoted, or discharged except
for cause, and only upon written accusation of the appointing
power or any citizen or taxpayer; a written statement of
which accusation, in general terms, shall be served upon the
accused, and a duplicate filed with the commission. Any person so removed, suspended, discharged, or demoted may
within ten days from the time of his removal, suspension, discharge, or demotion file with the commission a written
demand for an investigation, whereupon the commission
shall conduct such investigation. Upon receipt of the written
demand for an investigation, the commission shall within ten
days set a date for a public hearing which will be held within
thirty days from the date of receipt. The investigation shall be
confined to the determination of the question of whether the
removal, suspension, demotion, or discharge was made in
good faith for cause. After such investigation the commission
shall render a written decision within ten days and may affirm
the removal, suspension, demotion, or discharge, or if it finds
that removal, suspension, demotion, or discharge was not
made in good faith for cause, shall order the immediate rein41.14.120
(2010 Ed.)
Civil Service for Sheriff’s Office
statement or reemployment of such person in the office,
place, position, or employment from which he was removed,
suspended, demoted, or discharged, which reinstatement
shall, if the commission so provides, be retroactive, and entitle such person to pay or compensation from the time of the
removal, suspension, demotion, or discharge. The commission upon such investigation, in lieu of affirming a removal,
suspension, demotion, or discharge, may modify the order by
directing the removal, suspension, demotion, or discharge
without pay, for a given period, and subsequent restoration to
duty, or demotion in classification, grade, or pay. The findings of the commission shall be certified, in writing to the
appointing power, and shall be forthwith enforced by such
officer.
All investigations made by the commission pursuant to
this section shall be by public hearing, after reasonable notice
to the accused of the time and place thereof, at which hearing
the accused shall be afforded an opportunity of appearing in
person and by counsel, and presenting his defense. If order of
removal, suspension, demotion, or discharge is concurred in
by the commission or a majority thereof, the accused may
appeal therefrom to the superior court of the county wherein
he resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of its order, a written
notice of appeal, stating the grounds thereof, and demanding
that a certified transcript of the record and of all papers on file
in the office of the commission affecting or relating to its
order, be filed by the commission with the court. The commission shall, within ten days after the filing of the notice,
make, certify, and file such transcript with the court. The
court shall thereupon proceed to hear and determine the
appeal in a summary manner. Such hearing shall be confined
to the determination of whether the order of removal, suspension, demotion, or discharge made by the commission, was or
was not made in good faith for cause, and no appeal shall be
taken except upon such ground or grounds. The decision of
the superior court may be appealed to the supreme court or
the court of appeals. [1984 c 199 § 1; 1982 c 133 § 1; 1971 c
81 § 102; 1959 c 1 § 12 (Initiative Measure No. 23, approved
November 4, 1958).]
41.14.130
41.14.130 Filling vacancies in classified service—Eligibility list—Probation. Whenever a position in the classified service becomes vacant, the appointing power, if it
desires to fill the vacancy, shall requisition the commission
for the names and addresses of persons eligible for appointment thereto. Before a requisition can be made, the appointing authority shall give employees of the appointing authority
who are in layoff status or who have been notified of an
intended layoff an opportunity to qualify for any class within
the office of the appointing authority. The commission shall
certify the names of the three persons highest on the eligible
list for the class to which the vacant position has been allocated, who are willing to accept employment. If there is no
appropriate eligible list for the class, the commission shall
certify the names of the three persons standing highest on the
list held appropriate for such class. If more than one vacancy
is to be filled an additional name shall be certified for each
additional vacancy. The appointing power shall forthwith
appoint a person from those certified to the vacant position.
(2010 Ed.)
41.14.150
To enable the appointing power to exercise a greater
degree of choice in the filling of positions, no appointment,
employment, or promotion in any position in the classified
service shall be deemed complete until after the expiration of
a period of one year’s probationary service, as may be provided in the rules of the civil service commission, during
which the appointing power may terminate the employment
of the person appointed, if during the performance test thus
afforded, upon observation or consideration of the performance of duty, the appointing power deems such person unfit
or unsatisfactory for service in the office of county sheriff.
Thereupon the appointing power shall again requisition the
commission for the names and addresses of persons eligible
for appointment in the manner provided by this section and
the person appointed in the manner provided by this section
shall likewise enter upon said duties for the probationary
period, until some person is found who is deemed fit for
appointment, employment, or promotion whereupon the
appointment, employment, or promotion shall be deemed
complete. [1984 c 199 § 2; 1979 ex.s. c 153 § 4; 1959 c 1 §
13 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.140
41.14.140 Power to fill positions—Consent of county
commissioners—Salaries and compensation. All offices,
places, positions, and employments coming within the purview of this chapter, shall be filled by the appointing power
with the consent of the board of county commissioners, and
nothing herein contained shall infringe upon such authority
that an appointing power may have to fix the salaries and
compensation of all employees employed hereunder. [1959 c
1 § 14 (Initiative Measure No. 23, approved November 4,
1958).]
41.14.150
41.14.150 Procedure for payment of compensation—
Refusal to pay. No treasurer, auditor or other officer, or
employee of any county subject to this chapter shall approve
the payment of or be in any manner concerned in paying,
auditing, or approving any salary, wage, or other compensation for services, to any person subject to the jurisdiction and
scope of this chapter, unless a payroll, estimate, or account
for such salary, wage, or other compensation, containing the
names of the persons to be paid, the amount to be paid to each
such person, the services on account of which same is paid,
and any other information which, in the judgment of the civil
service commission, should be furnished on such payroll,
bears the certificate of the civil service commission, or of its
chief examiner or other duly authorized agent, that the persons named therein have been appointed or employed in
compliance with the terms of this chapter and the rules of the
commission, and that the payroll, estimate, or account is,
insofar as known to the commission, a true and accurate
statement. The commission shall refuse to certify the pay of
any public officer or employee whom it finds to be illegally
or improperly appointed, and may further refuse to certify the
pay of any public officer or employee who wilfully or
through culpable negligence, violates or fails to comply with
this chapter or with the rules of the commission. [1959 c 1 §
15 (Initiative Measure No. 23, approved November 4, 1958).]
[Title 41 RCW—page 87]
41.14.160
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.14.160
41.14.160 Leaves of absence. Leave of absence, without pay, may be granted by any appointing power to any person under civil service: PROVIDED, That such appointing
power gives notice of the leave to the commission. All temporary employment caused by leaves of absence shall be
made from the eligible list of the classified civil service.
[1959 c 1 § 16 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.170
41.14.170 Actions to enforce chapter—Duties of
prosecuting attorneys. The commission shall begin and
conduct all civil suits which may be necessary for the proper
enforcement of this chapter and rules of the commission. The
commission shall be represented in such suits by the prosecuting attorney of the county. In the case of combined counties any one or more of the prosecuting attorneys of each
county so combined may be selected by the commission to
represent it. [1959 c 1 § 17 (Initiative Measure No. 23,
approved November 4, 1958).]
41.14.180
41.14.180 Prohibited acts relating to registration,
examination, certification—Discrimination prohibited.
No commissioner or any other person, shall, by himself or in
cooperation with others, defeat, deceive, or obstruct any person in respect of his right of examination or registration
according to the rules and regulations, or falsely mark, grade,
estimate, or report upon the examination or proper standing
of any person examined, registered, or certified pursuant to
this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information
for the purpose of improving or injuring the prospects or
chances of any person so examined, registered or certified, or
to be examined, registered, or certified, or persuade any other
person, or permit or aid in any manner any other person to
personate him, in connection with any examination or registration of application or request to be examined or registered.
The right of any person to an appointment or promotion
to any position in a sheriff’s office shall not be withheld
because of his race, color, creed, national origin, political
affiliation or belief, nor shall any person be dismissed,
demoted, or reduced in grade for such reason. [1959 c 1 § 18
(Initiative Measure No. 23, approved November 4, 1958).]
41.14.190
41.14.190 Political activities regulated. No person
holding any office, place, position, or employment subject to
civil service, shall contribute to any political fund or render
any political service to any person or party whatsoever, and
no person shall be removed, reduced in grade or salary, or
otherwise prejudiced for refusing so to do. No public officer,
whether elected or appointed, shall discharge, promote,
demote, or in any manner change the official rank, employment, or compensation of any person under civil service or
promise or threaten so to do for giving or withholding, or
neglecting to make any contribution of money, or service, or
any other valuable thing, for any political purpose. [1959 c 1
§ 19 (Initiative Measure No. 23, approved November 4,
1958).]
Political activities of public employees: RCW 41.06.250.
[Title 41 RCW—page 88]
41.14.200 Cooperation and aid by other county officers and employees. All officers and employees of each
county shall aid in all proper ways in carrying out the provisions of this chapter, and such rules and regulations as may,
from time to time, be prescribed by the commission and
afford the commission, its members, and employees, all reasonable facilities and assistance in the inspection of books,
papers, documents, and accounts applying or in any way
appertaining to any and all offices, places, positions, and
employments, subject to civil service, and also shall produce
such books, papers, documents, and accounts, and attend and
testify, whenever required so to do by the commission or any
commissioner. [1959 c 1 § 20 (Initiative Measure No. 23,
approved November 4, 1958).]
41.14.200
41.14.210 Funds for commission in counties with
populations of two hundred ten thousand or more—
County budget—Surplus. The county legislative authority
or [of] each county with a population of two hundred ten
thousand or more may provide in the county budget for each
fiscal year a sum equal to one percent of the preceding year’s
total payroll of those included under the jurisdiction and
scope of this chapter. The funds so provided shall be used for
the support of the commission. Any part of the funds so provided and not expended for the support of the commission
during the fiscal year shall be placed in the general fund of
the county, or counties according to the ratio of contribution,
on the first day of January following the close of such fiscal
year. [1991 c 363 § 117; 1971 ex.s. c 214 § 3; 1959 c 1 § 21
(Initiative Measure No. 23, approved November 4, 1958).]
41.14.210
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.220 Penalty—Jurisdiction. Any person who
wilfully violates any of the provisions of this chapter shall be
guilty of a misdemeanor, and upon conviction thereof, shall
be punished by a fine of not more than one hundred dollars
and by imprisonment in the county jail for not longer than
thirty days or by both such fine and imprisonment. The superior court shall have jurisdiction of all such offenses. [1959 c
1 § 22 (Initiative Measure No. 23, approved November 4,
1958).]
41.14.220
41.14.250 City contracts to obtain sheriff’s office law
enforcement services—Transfer of police department
employees. When any city or town shall contract with the
county sheriff’s office to obtain law enforcement services to
the city or town, any employee of the police department of
such city or town who (1) was at the time such contract was
entered into employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the county sheriff’s office under such contract (2)
will, as a direct consequence of such contract, be separated
from the employ of the city or town, and (3) meets the minimum standards and qualifications of the county sheriff’s
office, then such employee may transfer his employment to
the county sheriff’s office as provided for in RCW 41.14.260
and 41.14.270. [1972 ex.s. c 48 § 1.]
41.14.250
41.14.260 City contracts to obtain sheriff’s office law
enforcement services—Transfer of police department
41.14.260
(2010 Ed.)
Firefighters’ Relief and Pensions—1947 Act
employees into county civil service for sheriff’s office—
Seniority for employment. (1) An eligible employee may
transfer into the county civil service system for the sheriff’s
office by filing a written request with the county civil service
commission and by giving written notice thereof to the legislative authority of the city or town. Upon receipt of such
request by the civil service commission the transfer of
employment shall be made. The employee so transferring
will (1) be on probation for the same period as are new
employees of the sheriff’s office, (2) be eligible for promotion after completion of the probationary period as completed, (3) receive a salary at least equal to that of other new
employees of the sheriff’s office, and (4) in all other matters,
such as retirement, vacation, etc., have, within the county
civil service system, all the rights, benefits, and privileges
that he would have been entitled to had he been a member of
the county sheriff’s office from the beginning of his employment with the city or town police department. The city or
town shall, upon receipt of such notice, transmit to the county
civil service commission a record of the employee’s service
with the city or town which shall be credited to such member
as a part of his period of employment in the county sheriff’s
office. The sheriff may appoint the transferring employee to
whatever duties he feels are in the best interest of the department and the individual.
(2) If in the process of contracting for law enforcement
services economies or efficiencies are achieved or if the city
or town intends by such contract to curtail expenditures and
the level of services to the city or town, then only so many of
the transferring employees shall be placed upon the payroll of
the sheriff’s office as the sheriff determines are needed to
provide the contracted services. These needed employees
shall be taken in order of seniority and the remaining employees who transfer as provided in RCW 41.14.250, 41.14.260,
and 41.14.270 shall head the list of their respective class or
job listing in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in
the county sheriff’s office when appropriate positions
become available. [1972 ex.s. c 48 § 2.]
41.14.270
41.14.270 City contracts to obtain sheriff’s office law
enforcement services—Lay offs—Notice—Time limitation for transfers. When a city or town shall contract with
the county sheriff’s office for law enforcement services and
as a result thereof lays off any employee who is eligible to
transfer to the county sheriff’s office pursuant to RCW
41.14.250 and 41.14.260, the city or town shall notify such
employee of his right to so transfer and such employee shall
have ninety days to transfer his employment to the county
sheriff’s office: PROVIDED, That any employee layed off
during the year prior to February 21, 1972 shall have ninety
days after the effective date to transfer his employment.
[1972 ex.s. c 48 § 3.]
pursuant to RCW 41.14.250, 41.14.260, and 41.14.270.
[1972 ex.s. c 48 § 4.]
41.14.290 Appointment of classified employee to
exempt position—Return to regular position. Any classified employee having civil service status in a position may
take an appointment in an exempt position in the same county
and maintain the right to return to his or her regular position
or to a like position at the conclusion of such appointment.
Such employee must apply to return to classified service
within thirty calendar days of:
(1) Termination of employment in such exempt position;
or
(2) Termination of employment in any other exempt
position in which the employee subsequently serves provided
there was no break in service with the county of more than
thirty calendar days. [1979 ex.s. c 153 § 5.]
41.14.290
41.14.900 Severability—1959 c 1. If any section, sentence, clause, or phrase of this chapter should be held to be
invalid or unconstitutional, the validity or constitutionality
thereof shall not affect the validity or constitutionality of any
other section, sentence, clause, or phrase of this chapter.
[1959 c 1 § 23 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.900
Chapter 41.16 RCW
FIREFIGHTERS’ RELIEF AND PENSIONS—
1947 ACT
Chapter 41.16
Sections
41.16.010
41.16.020
41.16.030
41.16.040
41.16.050
41.16.060
41.16.070
41.16.080
41.16.090
41.16.100
41.16.110
41.16.120
41.16.130
41.16.140
41.16.145
41.16.150
41.16.160
41.16.170
41.16.180
41.16.190
41.16.200
41.16.210
41.16.220
41.16.230
41.16.240
41.16.250
41.16.260
41.14.280
41.14.280 City contracts to obtain sheriff’s office law
enforcement services—Rules and regulations. In addition
to its other duties prescribed by law, the civil service commission shall make such rules and regulations as may be necessary to provide for the orderly integration of employees of
a city or town who shall transfer to the county sheriff’s office
(2010 Ed.)
Chapter 41.16
41.16.900
41.16.910
41.16.911
41.16.920
41.16.921
41.16.922
Terms defined.
Pension board created—Members—Terms—Vacancies—
Officers—Quorum.
Meetings.
Powers and duties.
Firefighters’ pension fund—How constituted.
Tax levy for fund.
Contributions by firefighters.
Retirement for service.
Limit of pension.
Payment on death of retired firefighter.
Payment on death of eligible pensioner before retirement.
Payment on death in line of duty.
Payment upon disablement in line of duty.
Payment upon disablement not in line of duty.
Annual increase in benefits payable on retirement for service,
death in line of duty, and disability—Appeals.
Payment on separation from service.
Payment on death not in line of duty.
Payment on death of firefighter with no dependents.
Funeral expense.
Waiting period—Disability retirement.
Examination of disability pensioners—Restoration to duty.
Transfer of assets to new fund—Assumption of obligations.
Credit for military service.
Repeal does not affect accrued rights.
Application of chapter to fire protection districts.
Retirement and job security rights preserved upon annexation,
etc., of district.
Transfer of credit from city employees’ retirement system to
firefighters’ pension system.
Severability—1947 c 91.
Severability—1959 c 5.
Severability—1975 1st ex.s. c 178.
Construction—1959 c 5—Benefits retroactively authorized.
Construction—1975 1st ex.s. c 178, RCW 41.16.145.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
[Title 41 RCW—page 89]
41.16.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
Prior acts relating to firefighters’ relief and pensions: 1935 c 39;
1929 c 86; 1919 c 196; 1909 c 50 were repealed by 1947 c 91 § 12 (codified
herein as RCW 41.16.230).
Firefighters’ relief and pensions—1955 act: Chapter 41.18 RCW.
Rights of firefighter injured outside corporate limits of municipality: RCW
35.84.050.
Volunteer firefighters’ relief and pensions: Chapter 41.24 RCW.
41.16.010 Terms defined. (Effective until January 1,
2014.) For the purpose of this chapter, unless clearly indicated by the context, words and phrases shall have the following meaning:
(1) "Beneficiary" shall mean any person or persons designated by a firefighter in a writing filed with the board, and
who shall be entitled to receive any benefits of a deceased
firefighter under this chapter.
(2) "Board" shall mean the municipal firefighters’ pension board.
(3) "Child or children" shall mean a child or children
unmarried and under eighteen years of age.
(4) "Contributions" shall mean and include all sums
deducted from the salary of firefighters and paid into the fund
as hereinafter provided.
(5) "Disability" shall mean and include injuries or sickness sustained as a result of the performance of duty.
(6) "Firefighter" shall mean any person regularly or temporarily, or as a substitute, employed and paid as a member of
a fire department, who has passed a civil service examination
for firefighter and who is actively employed as a firefighter;
and shall include any "prior firefighter."
(7) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firefighters of
the municipality.
(8) "Fund" shall mean the firefighters’ pension fund created herein.
(9) "Municipality" shall mean every city and town having a regularly organized full time, paid, fire department
employing firefighters.
(10) "Performance of duty" shall mean the performance
of work and labor regularly required of firefighters and shall
include services of an emergency nature rendered while off
regular duty, but shall not include time spent in traveling to
work before answering roll call or traveling from work after
dismissal at roll call.
(11) "Prior firefighter" shall mean a firefighter who was
actively employed as a firefighter of a fire department prior to
the first day of January, 1947, and who continues such
employment thereafter.
(12) "Retired firefighter" shall mean and include a person employed as a firefighter and retired under the provisions
of chapter 50, Laws of 1909, as amended.
(13) "Widow or widower" means the surviving wife or
husband of a retired firefighter who was retired on account of
length of service and who was lawfully married to such firefighter; and whenever that term is used with reference to the
wife or former wife or husband or former husband of a retired
firefighter who was retired because of disability, it shall mean
his or her lawfully married wife or husband on the date he or
she sustained the injury or contracted the illness that resulted
in his or her disability. Said term shall not mean or include a
surviving wife or husband who by process of law within one
year prior to the retired firefighter’s death, collected or
attempted to collect from him or her funds for the support of
herself or himself or for his or her children. [2007 c 218 § 18;
2003 c 30 § 1; 1973 1st ex.s. c 154 § 61; 1947 c 91 § 1; Rem.
Supp. 1947 § 9578-40.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.010
[Title 41 RCW—page 90]
41.16.010 Terms defined. (Effective January 1,
2014.) For the purpose of this chapter, unless clearly indicated by the context, words and phrases shall have the following meaning:
(1) "Beneficiary" shall mean any person or persons designated by a firefighter in a writing filed with the board, and
who shall be entitled to receive any benefits of a deceased
firefighter under this chapter.
(2) "Board" shall mean the municipal firefighters’ pension board.
(3) "Child or children" shall mean a child or children
unmarried and under eighteen years of age.
(4) "Contributions" shall mean and include all sums
deducted from the salary of firefighters and paid into the fund
as hereinafter provided.
(5) "Disability" shall mean and include injuries or sickness sustained as a result of the performance of duty.
(6) "Firefighter" shall mean any person regularly or temporarily, or as a substitute, employed and paid as a member of
a fire department, who has passed a civil service examination
for firefighter and who is actively employed as a firefighter;
and shall include any "prior firefighter."
(7) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firefighters of
the municipality.
(8) "Fund" shall mean the firefighters’ pension fund created herein.
(9) "Municipality" shall mean every city and town having a regularly organized full time, paid, fire department
employing firefighters.
(10) "Performance of duty" shall mean the performance
of work and labor regularly required of firefighters and shall
include services of an emergency nature rendered while off
regular duty, but shall not include time spent in traveling to
work before answering roll call or traveling from work after
dismissal at roll call.
(11) "Prior firefighter" shall mean a firefighter who was
actively employed as a firefighter of a fire department prior to
the first day of January, 1947, and who continues such
employment thereafter.
(12) "Retired firefighter" shall mean and include a person employed as a firefighter and retired under the provisions
of chapter 50, Laws of 1909, as amended.
(13) "Widow or widower" means the surviving wife,
husband, or state registered domestic partner of a retired firefighter who was retired on account of length of service and
who was lawfully married to, or in a state registered domestic
partnership with, such firefighter; and whenever that term is
used with reference to the wife or former wife, husband or
former husband, or current or former state registered domestic partner of a retired firefighter who was retired because of
disability, it shall mean his or her lawfully married wife, hus41.16.010
(2010 Ed.)
Firefighters’ Relief and Pensions—1947 Act
band, or state registered domestic partner on the date he or
she sustained the injury or contracted the illness that resulted
in his or her disability. Said term shall not mean or include a
surviving wife, husband, or state registered domestic partner
who by process of law within one year prior to the retired
firefighter’s death, collected or attempted to collect from him
or her funds for the support of herself or himself or for his or
her children. [2009 c 521 § 88; 2007 c 218 § 18; 2003 c 30 §
1; 1973 1st ex.s. c 154 § 61; 1947 c 91 § 1; Rem. Supp. 1947
§ 9578-40.]
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.020 Pension board created—Members—
Terms—Vacancies—Officers—Quorum. There is hereby
created in each city and town a municipal firefighters’ pension board to consist of the following five members, ex officio, the mayor, or in a city of the first class, the mayor or a
designated representative who shall be an elected official of
the city, who shall be chairperson of the board, the city comptroller or clerk, the chairperson of finance of the city council,
or if there is no chairperson of finance, the city treasurer, and
in addition, two regularly employed or retired firefighters
elected by secret ballot of those employed and retired firefighters who are subject to the jurisdiction of the board. The
members to be elected by the firefighters shall be elected
annually for a two year term. The two firefighters elected as
members shall, in turn, select a third eligible member who
shall serve as an alternate in the event of an absence of one of
the regularly elected members. In case a vacancy occurs in
the membership of the firefighters or retired members, the
members shall in the same manner elect a successor to serve
the unexpired term. The board may select and appoint a secretary who may, but need not be a member of the board. In
case of absence or inability of the chairperson to act, the
board may select a chairperson pro tempore who shall during
such absence or inability perform the duties and exercise the
powers of the chairperson. A majority of the members of the
board shall constitute a quorum and have power to transact
business. [2007 c 218 § 19; 2003 c 30 § 2; 1988 c 164 § 2;
1973 1st ex.s. c 19 § 1; 1961 c 255 § 10; 1947 c 91 § 2; Rem.
Supp. 1947 § 9578-41. Prior: 1935 c 39 § 1; 1919 c 196 § 3;
1909 c 50 §§ 1, 2.]
41.16.020
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.030 Meetings. The board shall meet at least once
quarterly, the date to be fixed by regulation of the board, at
such other regular times as may be fixed by a regulation of
the board; and at any time upon call of the chairperson, of
which due advance notice shall be given the other members
of the board. [2007 c 218 § 20; 2002 c 15 § 1; 1947 c 91 § 3;
Rem. Supp. 1947 § 9578-42. Prior: 1929 c 86 § 1; 1919 c
196 § 3; 1909 c 50 § 3.]
41.16.030
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.040 Powers and duties. The board shall have
such general powers as are vested in it by the provisions of
this chapter, and in addition thereto, the power to:
41.16.040
(2010 Ed.)
41.16.040
(1) Generally supervise and control the administration of
this chapter and the firefighters’ pension fund created hereby.
(2) Pass upon and allow or disallow all applications for
pensions or other benefits provided by this chapter.
(3) Provide for payment from said fund of necessary
expenses of maintenance and administration of said pension
system and fund.
(4) Invest the moneys of the fund in a manner consistent
with the investment policies outlined in RCW 35.39.060.
Authorized investments shall include investment grade securities issued by the United States, state, municipal corporations, other public bodies, corporate bonds, and other investments authorized by RCW 35.39.030, 35.58.510, 35.81.070,
35.82.070, 36.29.020, 39.58.020, 39.58.080, 39.58.130,
39.60.010, 39.60.020, 68.52.060, 68.52.065, and 72.19.120.
(5) Employ such agents, employees and other personnel
as the board may deem necessary for the proper administration of this chapter.
(6) Compel witnesses to appear and testify before it, in
the same manner as is or may be provided by law for the taking of depositions in the superior court. Any member of the
board may administer oaths to witnesses who testify before
the board of a nature and in a similar manner to oaths administered by superior courts of the state of Washington.
(7) Issue vouchers approved by the chairperson and secretary and to cause warrants therefor to be issued and paid
from said fund for the payment of claims allowed by it.
(8) Keep a record of all its proceedings, which record
shall be public; and prepare and file with the city treasurer
and city clerk or comptroller prior to the date when any payments are to be made from the fund, a list of all persons entitled to payment from the fund, stating the amount and purpose of such payment, said list to be certified to and signed by
the chairperson and secretary of the board and attested under
oath.
(9) Make rules and regulations not inconsistent with this
chapter for the purpose of carrying out and effecting the
same.
(10) Appoint one or more duly licensed and practicing
physicians who shall examine and report to the board upon all
applications for relief and pension under this chapter. Such
physicians shall visit and examine all sick firefighters and
firefighters who are disabled when, in their judgment, the
best interests of the relief and pension fund require it or when
ordered by the board. They shall perform all operations on
such sick and injured firefighters and render all medical aid
and care necessary for the recovery of such firefighters on
account of sickness or disability received while in the performance of duty as defined in this chapter. Such physicians
shall be paid from said fund, the amount of said fees or salary
to be set and agreed upon by the board and the physicians.
No physician not regularly appointed or specially appointed
and employed, as hereinafter provided, shall receive or be
entitled to any fees or compensation from said fund as attending physician to a sick or injured firefighter. If any sick or
injured firefighter refuses the services of the appointed physicians, or the specially appointed and employed physician, he
or she shall be personally liable for the fees of any other physician employed by him or her. No person shall have a right
of action against the board or the municipality for negligence
of any physician employed by it. The board shall have the
[Title 41 RCW—page 91]
41.16.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
power and authority to select and employ, besides the regularly appointed physician, such other physician, surgeon or
specialist for consultation with, or assistance to the regularly
appointed physician, or for the purpose of performing operations or rendering services and treatment in particular cases,
as it shall deem advisable, and to pay fees for such services
from said fund. Said board shall hear and decide all applications for such relief or pensions under this chapter, and its
decisions on such applications shall be final and conclusive
and not subject to revision or reversal except by the board.
[2007 c 218 § 21; 1992 c 89 § 1; 1967 ex.s. c 91 § 1; 1947 c
91 § 4; Rem. Supp. 1947 § 9578-43. Prior: 1929 c 86 § 1;
1919 c 196 § 3; 1909 c 50 § 3.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.050
41.16.050 Firefighters’ pension fund—How constituted. There is hereby created and established in the treasury
of each municipality a fund which shall be known and designated as the firefighters’ pension fund, which shall consist of:
(1) All bequests, fees, gifts, emoluments, or donations given
or paid thereto; (2) twenty-five percent of all moneys
received by the state from taxes on fire insurance premiums;
(3) taxes paid pursuant to the provisions of RCW 41.16.060;
(4) interest on the investments of the fund; and (5) contributions by firefighters as provided for herein. The moneys
received from the tax on fire insurance premiums under the
provisions of this chapter shall be distributed in the proportion that the number of paid firefighters in the city, town, or
fire protection district bears to the total number of paid firefighters throughout the state to be ascertained in the following manner: The secretary of the firefighters’ pension board
of each city, town, and fire protection district now or hereafter coming under the provisions of this chapter shall within
thirty days after June 7, 1961, and on or before the fifteenth
day of January thereafter, certify to the state treasurer the
number of paid firefighters in the fire department in such city,
town, or fire protection district. For any city or town annexed
by a fire protection district at any time before, on, or after
June 9, 1994, the city or town shall continue to certify to the
state treasurer the number of paid firefighters in the city or
town fire department immediately before annexation until all
obligations against the firefighters’ pension fund in the city
or town have been satisfied. For the purposes of the calculation in this section, the state treasurer shall subtract the number certified by the annexed city or town from the number of
paid firefighters certified by an annexing fire protection district. The state treasurer shall on or before the first day of
June of each year deliver to the treasurer of each city, town,
and fire protection district coming under the provisions of
this chapter his or her warrant, payable to each city, town, or
fire protection district for the amount due such city, town or
fire protection district ascertained as herein provided and the
treasurer of each such city, town, or fire protection district
shall place the amount thereof to the credit of the firefighters’
pension fund of such city, town, or fire protection district.
[2007 c 218 § 22; 1999 c 117 § 3; 1994 c 273 § 23; 1986 c 296
§ 3; 1982 1st ex.s. c 35 § 16; 1967 c 42 § 1; 1961 c 255 § 8;
1949 c 45 § 1; 1947 c 91 § 5; Rem. Supp. 1949 § 9578-44.
Prior: 1929 c 86 § 11; 1919 c 196 § 14.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
[Title 41 RCW—page 92]
Insurance premiums taxes: RCW 48.14.020.
Additional notes found at www.leg.wa.gov
41.16.060 Tax levy for fund. It shall be the duty of the
legislative authority of each municipality, each year as a part
of its annual tax levy, to levy and place in the fund a tax of
twenty-two and one-half cents per thousand dollars of
assessed value against all the taxable property of such municipality: PROVIDED, That if a report by a qualified actuary
on the condition of the fund establishes that the whole or any
part of said dollar rate is not necessary to maintain the actuarial soundness of the fund, the levy of said twenty-two and
one-half cents per thousand dollars of assessed value may be
omitted, or the whole or any part of said dollar rate may be
levied and used for any other municipal purpose.
It shall be the duty of the legislative authority of each
municipality, each year as a part of its annual tax levy and in
addition to the city levy limit set forth in RCW 84.52.043, to
levy and place in the fund an additional tax of twenty-two and
one-half cents per thousand dollars of assessed value against
all taxable property of such municipality: PROVIDED, That
if a report by a qualified actuary establishes that all or any
part of the additional twenty-two and one-half cents per thousand dollars of assessed value levy is unnecessary to meet the
estimated demands on the fund under this chapter for the
ensuing budget year, the levy of said additional twenty-two
and one-half cents per thousand dollars of assessed value
may be omitted, or the whole or any part of such dollar rate
may be levied and used for any other municipal purpose:
PROVIDED FURTHER, That cities that have annexed to
library districts according to RCW 27.12.360 through
27.12.395 and/or fire protection districts according to RCW
52.04.061 through 52.04.081 shall not levy this additional tax
to the extent that it causes the combined levies to exceed the
statutory or constitutional limits.
The amount of a levy under this section allocated to the
pension fund may be reduced in the same proportion as the
regular property tax levy of the municipality is reduced by
chapter 84.55 RCW. [1987 c 319 § 2; 1980 c 155 § 4; 1973
1st ex.s. c 195 § 43; 1973 1st ex.s. c 195 § 144; 1970 ex.s. c
92 § 2; 1965 ex.s. c 45 § 1; 1961 c 255 § 9; 1951 c 72 § 1;
1947 c 91 § 6; Rem. Supp. 1947 § 9578-45. Prior: 1929 c 86
§ 12; 1919 c 196 § 15; 1909 c 50 § 14.]
41.16.060
Additional notes found at www.leg.wa.gov
41.16.070 Contributions by firefighters. (1) Every
firefighter employed on and after January 1, 1947, shall contribute to the fund and there shall be deducted from his or her
pay and placed in the fund an amount in accordance with the
following table:
41.16.070
Firefighter whose
age at last birthday
at time of entry
of service was:
21
22
23
24
25
26
Contributions and
deductions from
salary
and under . . . . . . . . . . . . . . .
.......................
.......................
.......................
.......................
.......................
5.00%
5.24%
5.50%
5.77%
6.07%
6.38%
(2010 Ed.)
Firefighters’ Relief and Pensions—1947 Act
27
28
29
30
.......................
.......................
.......................
and over . . . . . . . . . . . . . . . .
6.72%
7.09%
7.49%
7.92%
(2) Every firefighter employed prior to January 1, 1947,
and continuing active employment shall contribute to the
fund and there shall be deducted from his or her salary and
placed in the fund, five percent of his or her salary.
(3) Every firefighter actively employed and eligible for
retirement and not retired shall contribute to the fund and
there shall be deducted from his or her salary and placed in
the fund, four percent of his or her salary. [2007 c 218 § 23;
1947 c 91 § 7; Rem. Supp. 1947 § 9578-46. Prior: 1929 c 86
§ 14; 1919 c 196 § 18.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.080 Retirement for service. Any firefighter
employed in a fire department on and before the first day of
January, 1947, hereinafter in this section and RCW 41.16.090
to 41.16.190 inclusive, referred to as "firefighter," and who
shall have served twenty-five or more years and having
attained the age of fifty-five years, as a member of the fire
department, shall be eligible for retirement and shall be
retired by the board upon his or her written request. Upon his
or her retirement any firefighter shall be paid a pension based
upon the average monthly salary drawn for the five calendar
years before retirement, the number of years of his or her service and a percentage factor based upon his or her age on
entering service, as follows:
41.16.130
1919 c 196 § 4, part; 1909 c 50 § 4, part; Rem. Supp. 1947 §
9578-47, part.]
41.16.100 Payment on death of retired firefighter.
The widow or widower, child, children or beneficiary of any
firefighter retired under this chapter shall receive an amount
equal to his or her accumulated contributions to the fund, plus
earned interest thereon compounded semiannually: PROVIDED, That there shall be deducted from said sum the
amount paid to decedent in pensions and the remainder shall
be paid to his or her widow or widower, child, children or
beneficiary: PROVIDED FURTHER, That the amount paid
shall not be less than one thousand dollars. [2007 c 218 § 25;
1973 1st ex.s. c 154 § 62; 1959 c 5 § 4; 1957 c 82 § 4. Prior:
1947 c 91 § 8, part; 1935 c 39 § 2, part; 1929 c 86 § 2, part;
1919 c 196 § 4, part; 1909 c 50 § 4, part; Rem. Supp. 1947 §
9578-47, part.]
41.16.100
41.16.080
Entrance age at
last birthday
Salary
percentage factor
20 and under . . . . . . . . . . . . .
21 . . . . . . . . . . . . . . . . . . . . .
22 . . . . . . . . . . . . . . . . . . . . .
23 . . . . . . . . . . . . . . . . . . . . .
24 . . . . . . . . . . . . . . . . . . . . .
25 . . . . . . . . . . . . . . . . . . . . .
26 . . . . . . . . . . . . . . . . . . . . .
27 . . . . . . . . . . . . . . . . . . . . .
28 . . . . . . . . . . . . . . . . . . . . .
29 . . . . . . . . . . . . . . . . . . . . .
30 and over . . . . . . . . . . . . . .
1.50%
1.55%
1.60%
1.65%
1.70%
1.75%
1.80%
1.85%
1.90%
1.95%
2.00%
Said monthly pension shall be in the amount of his or her
average monthly salary for the five calendar years before
retirement, times the number of years of service, times the
applicable percentage factor. [2007 c 218 § 24; 1959 c 5 § 2;
1957 c 82 § 2. Prior: 1947 c 91 § 8, part; 1935 c 39 § 2, part;
1929 c 86 § 2, part; 1919 c 196 § 4, part; 1909 c 50 § 4, part;
Rem. Supp. 1947 § 9578-47, part.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.090 Limit of pension. All pensioners receiving a
pension under the provisions of this chapter as provided for in
section 12, chapter 91, Laws of 1947 and RCW 41.16.230,
shall from and after April 25, 1973 receive a minimum pension of three hundred dollars per month. [1973 1st ex.s. c 181
§ 1; 1967 ex.s. c 91 § 2; 1959 c 5 § 3; 1957 c 82 § 3. Prior:
1947 c 91 § 8, part; 1935 c 39 § 2, part; 1929 c 86 § 2, part;
41.16.090
(2010 Ed.)
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.110 Payment on death of eligible pensioner
before retirement. Whenever any firefighter shall die while
eligible to retirement on account of years of service, and shall
not have been retired, benefits shall be paid in accordance
with RCW 41.16.100. [2007 c 218 § 26; 1959 c 5 § 5; 1957
c 82 § 5. Prior: 1947 c 91 § 8, part; 1935 c 39 § 2, part; 1929
c 86 § 2, part; 1919 c 196 § 4, part; 1909 c 50 § 4, part; Rem.
Supp. 1947 § 9578-47, part.]
41.16.110
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.120 Payment on death in line of duty. Whenever any active firefighter or firefighter retired for disability
shall die as the result of an accident or other fortuitous event
occurring while in the performance of his or her duty, his
widow or her widower may elect to accept a monthly pension
equal to one-half the deceased firefighter’s salary but in no
case in excess of one hundred fifty dollars per month, or the
sum of five thousand dollars cash. The right of election must
be exercised within sixty days of the firefighter’s death. If
not so exercised, the pension benefits shall become fixed and
shall be paid from the date of death. Such pension shall cease
if, and when, he or she remarries. If there is no widow or
widower, then such pension benefits shall be paid to his or
her child or children. [2007 c 218 § 27; 1973 1st ex.s. c 154
§ 63; 1959 c 5 § 6; 1957 c 82 § 6. Prior: 1947 c 91 § 8, part;
1935 c 39 § 2, part; 1929 c 86 § 2, part; 1919 c 196 § 5, part;
1909 c 50 § 4, part; Rem. Supp. 1947 § 9578-47, part.]
41.16.120
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.130 Payment upon disablement in line of duty.
(1) Any firefighter who shall become disabled as a result of
the performance of his or her duty or duties as defined in this
chapter, may be retired at the expiration of six months from
the date of his or her disability, upon his or her written
request filed with his or her retirement board. The board may
upon such request being filed, consult such medical advice as
it sees fit, and may have the applicant examined by such physicians as it deems desirable. If from the reports of such physicians the board finds the applicant capable of performing
41.16.130
[Title 41 RCW—page 93]
41.16.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
his or her duties in the fire department, the board may refuse
to recommend his or her retirement.
(2) If the board deems it for the good of the fire department or the pension fund, it may recommend the applicant’s
retirement without any request therefor by him or her, after
giving him or her a thirty days’ notice. Upon his or her retirement he or she shall be paid a monthly disability pension in
[an] amount equal to one-half of his or her monthly salary at
date of retirement, but which shall not exceed one hundred
fifty dollars a month. If he or she recovers from his or her
disability he or she shall thereupon be restored to active service, with the same rank he or she held when he or she retired.
(3) If the firefighter dies during disability and not as a
result thereof, RCW 41.16.160 shall apply. [2007 c 218 § 28;
1959 c 5 § 7; 1957 c 82 § 7. Prior: 1947 c 91 § 8, part; 1935
c 39 § 3, part; 1929 c 86 § 3, part; 1919 c 196 § 5, part; 1909
c 50 § 5, part; Rem. Supp. 1947 § 9578-47, part.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.140 Payment upon disablement not in line of
duty. Any firefighter who has served more than fifteen years
and sustains a disability not in the performance of his or her
duty which renders him or her unable to continue his or her
service, shall within sixty days exercise his or her choice
either to receive his or her contribution to the fund, plus
earned interest compounded semiannually, or be retired and
paid a monthly pension based on the factor of his or her age
shown in RCW 41.16.080, times his or her average monthly
salary as a member of the fire department of his or her municipality at the date of his or her retirement, times the number
of years of service rendered at the time he or she sustained
such disability. If such firefighter shall die leaving surviving
him a wife or surviving her a husband, or child or children,
then such wife or husband, or if he leaves no wife or she
leaves no husband, then his or her child or children shall
receive the sum of his or her contributions, plus accumulated
compound interest, and such payment shall be reduced in the
amount of the payments made to deceased. [2007 c 218 § 29;
1973 1st ex.s. c 154 § 64; 1959 c 5 § 8; 1957 c 82 § 8. Prior:
1947 c 91 § 8, part; 1935 c 39 § 6, part; 1929 c 86 § 7, part;
1919 c 196 § 9, part; 1909 c 50 § 9, part; Rem. Supp. 1947 §
9578-47, part.]
41.16.140
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.145 Annual increase in benefits payable on
retirement for service, death in line of duty, and disability—Appeals. The amount of all benefits payable under the
provisions of RCW 41.16.080, 41.16.120, 41.16.130,
41.16.140 and 41.16.230 shall be increased annually as hereafter in this section provided. The local pension board shall
meet subsequent to March 31st but prior to June 30th of each
year for the purposes of adjusting benefit allowances payable
pursuant to the aforementioned sections. The local board
shall determine the increase in the consumer price index
between January 1st and December 31st of the previous year
and increase in dollar amount the benefits payable subsequent to July 1st of the year in which said board makes such
determination by a dollar amount proportionate to the
increase in the consumer price index: PROVIDED, That
41.16.145
[Title 41 RCW—page 94]
regardless of the change in the consumer price index, such
increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased by this section. This benefit increase shall be paid monthly as part of the regular pension payment and shall be cumulative. The increased benefits authorized by this section shall not affect any benefit payable under the provisions of chapter 41.16 RCW in which the
benefit payment is attached to a current salary of the rank
held at time of retirement. A beneficiary of benefit increases
provided for pursuant to this section is hereby authorized to
appeal a decision on such increases or the failure of the local
pension board to order such increased benefits or the amount
of such benefits to the Washington law enforcement officers’
and firefighters’ system retirement board provided for in
*RCW 41.26.050.
For the purpose of this section the term "consumer price
index" shall mean, for any calendar year, the consumer price
index for the Seattle, Washington area as compiled by the
bureau of labor statistics of the United States department of
labor. [2007 c 218 § 30; 1975-’76 2nd ex.s. c 44 § 1; 1975 1st
ex.s. c 178 § 1; 1974 ex.s. c 190 § 1; 1970 ex.s. c 37 § 3; 1969
ex.s. c 209 § 38.]
*Reviser’s note: RCW 41.26.050 was repealed by 1982 c 163 § 23.
Powers, duties, and functions of the Washington law enforcement officers’
and firefighters’ retirement board were transferred to the director of retirement systems by RCW 41.26.051, which has been decodified.
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.150
41.16.150 Payment on separation from service. (1)
Any firefighter who has served twenty years or more and who
shall resign or be dismissed, shall have the option of receiving all his or her contributions plus earned interest compounded semiannually, or a monthly pension in the amount
of his or her average monthly salary times the number of
years of service rendered, times one and one-half percent.
Payment of such pension shall commence at the time of severance from the fire department, or at the age of fifty-five
years, whichever shall be later. The firefighter shall have
sixty days from the severance date to elect which option he or
she will take. In the event he or she fails to exercise his or her
right of election then he or she shall receive the amount of his
or her contributions plus accrued compounded interest. In
the event he or she elects such pension, but dies before attaining the age of fifty-five, his widow or her widower, or if he
leaves no widow or she leaves no widower, then his or her
child or children shall receive only his or her contribution,
plus accrued compounded interest. In the event he or she
elects to take a pension and dies after attaining the age of
fifty-five, his widow or her widower, or if he leaves no
widow or she leaves no widower, then child or children shall
receive his or her contributions, plus accrued compounded
interest, less the amount of pension payments made to such
firefighter during his or her lifetime.
(2) Any firefighter who shall have served for a period of
less than twenty years, and shall resign or be dismissed, shall
be paid the amount of his or her contributions, plus accrued
compounded interest. [2007 c 218 § 31; 1973 1st ex.s. c 154
(2010 Ed.)
Firefighters’ Relief and Pensions—1947 Act
§ 65; 1959 c 5 § 9; 1957 c 82 § 9. Prior: 1947 c 91 § 8, part;
Rem. Supp. 1947 § 9578-47, part.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.160 Payment on death not in line of duty.
Whenever any firefighter, after four years of service, shall die
from natural causes, or from an injury not sustained in the
performance of his or her duty and for which no pension is
provided in this chapter, and who has not been retired on
account of disability, his widow or her widower, if he or she
was his wife or her husband at the time he or she was stricken
with his or her last illness, or at the time he or she received the
injuries from which he or she died; or if there is no such
widow, then his or her child or children shall be entitled to the
amount of his or her contributions, plus accrued compounded
interest, or the sum of one thousand dollars, whichever sum
shall be the greater. In case of death as above stated, before
the end of four years of service, an amount based on the proportion of the time of service to four years shall paid such
beneficiaries. [2007 c 218 § 32; 1973 1st ex.s. c 154 § 66;
1959 c 5 § 10; 1957 c 82 § 10. Prior: 1947 c 91 § 8, part;
1929 c 86 § 7, part; 1919 c 196 § 9, part; 1909 c 50 § 9, part;
Rem. Supp. 1947 § 9578-47, part.]
41.16.160
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.170 Payment on death of firefighter with no
dependents. Whenever a firefighter dies leaving no widow
or widower or children, the amount of his or her accumulated
contributions, plus accrued compounded interest only, shall
be paid his or her beneficiary. [2007 c 218 § 33; 1973 1st
ex.s. c 154 § 67; 1959 c 5 § 11; 1957 c 82 § 11. Prior: 1947
c 91 § 8, part; 1935 c 39 § 5; 1929 c 86 § 6, part; 1919 c 196
§ 8, part; 1909 c 50 § 8, part; Rem. Supp. 1947 § 9578-47,
part.]
41.16.170
41.16.220
nursing care as the retirement board deems proper. If the
board finds at the expiration of six months that the firefighter
is unable to return to and perform his or her duties, then he or
she shall be retired as herein provided. [2007 c 218 § 35;
1959 c 5 § 13; 1957 c 82 § 13. Prior: 1947 c 91 § 8, part;
1935 c 39 § 4, part; 1929 c 86 § 5, part; 1919 c 196 § 7, part;
1909 c 50 § 7, part; Rem. Supp. 1947 § 9578-47, part.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.200 Examination of disability pensioners—
Restoration to duty. The board shall require all firefighters
receiving disability pensions to be examined every six
months. All such examinations shall be made by physicians
duly appointed by the board. If a firefighter shall fail to submit to such examination within ten days of having been so
ordered in writing by said retirement board all pensions or
benefits paid to said firefighter under this chapter, shall
immediately cease and the disbursing officer in charge of
such payments shall issue no further payments to such firefighter. If such firefighter fails to present himself or herself
for examination within thirty days after being ordered so to
do, he or she shall forfeit all rights under this chapter. If such
firefighter, upon examination as aforesaid, shall be found fit
for service, he or she shall be restored to duty in the same
rank held at the time of his or her retirement, or if unable to
perform the duties of said rank, then, at his or her request, in
such other rank, the duties of which he or she is then able to
perform. The board shall thereupon so notify the firefighter
and shall require him or her to resume his or her duties as a
member of the fire department. If, upon being so notified,
such member shall fail to report for employment within ten
days, he or she shall forfeit all rights to any benefits under
this chapter. [2007 c 218 § 36; 1947 c 91 § 9; Rem. Supp.
1947 § 9578-48. Prior: 1929 c 86 § 8; 1919 c 196 § 10; 1909
c 50 § 10.]
41.16.200
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.180 Funeral expense. Upon the death of any
active firefighter, firefighter who is disabled, or retired firefighter, the board shall pay from the fund the sum of two hundred dollars to assist in defraying the funeral expenses of
such firefighter. [2007 c 218 § 34; 1959 c 5 § 12; 1957 c 82
§ 12. Prior: 1947 c 91 § 8, part; 1935 c 39 § 10; 1929 c 86 §
15; 1919 c 196 § 18; Rem. Supp. 1947 § 9578-47, part.]
41.16.180
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.190 Waiting period—Disability retirement.
No firefighter disabled in the performance of duty shall
receive a pension until six months has elapsed after such disability was sustained. Therefore, whenever the retirement
board, pursuant to examination by the board’s physician and
such other evidence as it may require, shall find a firefighter
has been disabled while in the performance of his or her
duties, it shall declare him or her inactive. For a period of six
months from the time he or she became disabled, he or she
shall continue to draw full pay from his or her municipality
and in addition thereto he or she shall, at the expense of the
municipality, be provided with such medical, hospital and
41.16.190
(2010 Ed.)
41.16.210 Transfer of assets to new fund—Assumption of obligations. (1) Funds or assets on hand in the firefighters’ relief and pension fund of any municipality established under the provisions of chapter 50, Laws of 1909, as
amended, after payment of warrants drawn upon and payable
therefrom, shall, by the city treasurer, be transferred to and
placed in the firefighters’ pension fund created by this chapter; and the firefighters’ pension fund created by this chapter
shall be liable for and there shall be paid therefrom in the
order of their issuance any and all unpaid warrants drawn
upon said firefighters’ relief and pension fund.
(2) Any moneys loaned or advanced by a municipality
from the general or any other fund of such municipality to the
firefighters’ relief and pension fund created under the provisions of chapter 50, Laws of 1909, as amended, and not
repaid shall be an obligation of the firefighters’ pension fund
created under this chapter, and shall at such times and in such
amounts as is directed by the board be repaid. [2007 c 218 §
37; 1947 c 91 § 10; Rem. Supp. 1947 § 9578-49.]
41.16.210
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.220 Credit for military service. Any person
who was a member of the fire department and within the pro41.16.220
[Title 41 RCW—page 95]
41.16.230
Title 41 RCW: Public Employment, Civil Service, and Pensions
visions of chapter 50, Laws of 1909, as amended, at the time
he or she entered, and who is a veteran, as defined in RCW
41.04.005, shall have added and accredited to his or her
period of employment as a firefighter as computed under this
chapter his or her period of war service in such armed forces
upon payment by him or her of his or her contribution for the
period of his or her absence, at the rate provided by chapter
50, Laws of 1909, as amended, for other members: PROVIDED, HOWEVER, Such accredited service shall not in
any case exceed five years. [2007 c 218 § 38; 1969 ex.s. c
269 § 7; 1947 c 91 § 11; Rem. Supp. 1947 § 9578-50.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.230 Repeal does not affect accrued rights.
Chapter 50, Laws of 1909; chapter 196, Laws of 1919; chapter 86, Laws of 1929, and chapter 39, Laws of 1935 (secs.
9559 to 9578, incl., Rem. Rev. Stat.; secs. 396-1 to 396-43,
incl., PPC) and all other acts or parts of acts in conflict herewith are hereby repealed: PROVIDED, That the repeal of
said laws shall not affect any "prior firefighter," his widow,
her widower, child or children, any firefighter eligible for
retirement but not retired, his widow, her widower, child or
children, or the rights of any retired firefighter, his widow,
her widower, child or children, to receive payments and benefits from the firefighters’ pension fund created under this
chapter, in the amount, and in the manner provided by said
laws which are hereby repealed and as if said laws had not
been repealed. [2007 c 218 § 39; 1973 1st ex.s. c 154 § 68;
1947 c 91 § 12; Rem. Supp. 1947 § 9578-51.]
Constitution, or for any reason invalid, such judgment shall
not affect nor invalidate the remainder of the chapter, nor any
other clause, part or section thereof, but such judgment shall
be confined in its operation to the clause, part or section
directly involved in the controversy in which such judgment
was rendered, and the balance of the chapter shall remain in
full force and effect. [1947 c 91 § 13.]
41.16.910 Severability—1959 c 5. If any provision of
this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to any other persons or circumstances is not
affected. [1959 c 5 § 15.]
41.16.910
41.16.230
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.16.240 Application of chapter to fire protection
districts. Any fire protection district having a full paid fire
department may by resolution of its board of fire commissioners provide for the participation of its full time employees in a pension program in the same manner, with the same
powers, and with the same force and effect as to such districts
as the pension program provided by chapter 41.16 RCW for
cities, towns and municipalities, or fire protection districts.
[1955 c 46 § 1.]
41.16.240
41.16.250 Retirement and job security rights preserved upon annexation, etc., of district. If all or any portion of a fire protection district is annexed to or incorporated
into a city or town, or is succeeded by a metropolitan municipal corporation or county fire department, no full time paid
firefighter affected by such annexation, incorporation or succession shall receive a reduction in his or her retirement and
job security rights: PROVIDED, That this section shall not
apply to any retirement and job security rights authorized
under chapter 41.24 RCW. [2007 c 218 § 40; 1963 c 63 § 1.]
41.16.250
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.16.260 Transfer of credit from city employees’
retirement system to firefighters’ pension system. See
RCW 41.18.210.
41.16.260
41.16.900 Severability—1947 c 91. If any clause, part
or section of this chapter shall be adjudged in violation of the
41.16.900
[Title 41 RCW—page 96]
41.16.911 Severability—1975 1st ex.s. c 178. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 178 § 6.]
41.16.911
41.16.920 Construction—1959 c 5—Benefits retroactively authorized. The provisions of chapter 5, Laws of
1959 are intended to be remedial and procedural and any benefits heretofore paid to recipients hereunder pursuant to any
previous act are retroactively included and authorized as a
part of chapter 5, Laws of 1959. [1959 c 5 § 14.]
41.16.920
41.16.921 Construction—1975 1st ex.s. c 178, RCW
41.16.145. (1) The provisions of this section are procedural
and remedial.
(2) The application and effect of chapter 178, Laws of
1975 1st ex. sess. shall be retroactive to and including May 6,
1974. Each benefit being paid on June 4, 1975, shall then be
adjusted as if chapter 178, Laws of 1975 1st ex. sess. had
been in existence since May 6, 1974. Additionally, any
amounts which would have been paid had chapter 178, Laws
of 1975 1st ex. sess. been in effect since May 6, 1974, shall
then be due as a one-time lump sum payment.
(3) The provisions of RCW 41.16.145 shall be construed
and read to have granted the percentage increase provided by
that section to those receiving benefits pursuant to RCW
41.16.230, until and including July 1, 1974, at which time
those persons shall be regarded as eligible for the benefits
granted by chapter 190, Laws of 1974 ex. sess., as provided
in subsection (2) of this section. Any amounts now payable
due to a failure to so construe and read RCW 41.16.145 are
now due as a one-time lump sum payment. [1975 1st ex.s. c
178 § 5.]
41.16.921
41.16.922 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
41.16.922
(2010 Ed.)
Firefighters’ Relief and Pensions—1955 Act
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
87.]
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Chapter 41.18 RCW
FIREFIGHTERS’ RELIEF AND PENSIONS—
1955 ACT
Chapter 41.18
Sections
41.18.010
41.18.015
41.18.020
41.18.030
41.18.040
41.18.042
41.18.045
41.18.050
41.18.060
41.18.080
41.18.090
41.18.100
41.18.102
41.18.104
41.18.130
41.18.140
41.18.150
41.18.160
41.18.165
41.18.170
41.18.180
41.18.190
41.18.200
41.18.210
41.18.900
Definitions.
Pension boards in fire districts created—Members—Terms—
Vacancies—Officers—Quorum.
Powers and duties of board.
Contributions by firefighters.
Retirement for service—Widow’s or widower’s pension—
Payments to children.
Actuarially reduced retirement allowance—Spousal benefit.
Pension benefits for widows or widowers of unretired, eligible
firefighters—Retroactive.
Disablement in line of duty—Retirement.
Disablement in line of duty—Inactive period—Allowance—
Medical, hospital, nursing care.
Payment upon disablement not in line of duty.
Examination of disability pensioners—Restoration to active
duty.
Payment on death in line of duty or while retired on account of
service connected disability.
Applicability of RCW 41.18.040 and 41.18.100.
Annual increase in benefits payable on retirement for service
or disability—Appeals.
Payment on separation—With less than twenty-five years service or less than fifty years of age—Option to be classified as
vested firefighter.
Funeral expenses.
Credit for military service.
Certain firefighters may elect to be covered under other law.
Credit for membership in private organization acquired by
municipality.
Application of chapter.
Firefighter contributor under prior law may obtain benefits of
chapter—Refunds.
Transfer of membership authorized.
Minimum pension.
Transfer of credit from city employees’ retirement system to
firefighters’ pension system.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Prior acts relating to firefighters’ relief and pensions: 1935 c 39;
1929 c 86; 1919 c 196; 1909 c 50 were repealed by 1947 c 91 § 12 (codified
as RCW 41.16.230).
Firefighters’ relief and pensions—1947 act: Chapter 41.16 RCW.
Volunteer firefighters’ relief and pensions: Chapter 41.24 RCW.
41.18.010 Definitions. (Effective until January 1,
2014.) For the purpose of this chapter, unless clearly indicated otherwise by the context, words and phrases shall have
the meaning hereinafter ascribed.
(1) "Beneficiary" shall mean any person or persons designated by a firefighter in a writing filed with the board, and
who shall be entitled to receive any benefits of a deceased
firefighter under this chapter.
(2) "Firefighter" means any person hereafter regularly or
temporarily, or as a substitute newly employed and paid as a
member of a fire department, who has passed a civil service
examination for firefighters and who is actively employed as
a firefighter or, if provided by the municipality by appropri41.18.010
(2010 Ed.)
41.18.010
ate local legislation, as a fire dispatcher: PROVIDED, Nothing in chapter 209, Laws of 1969 ex. sess. shall impair or permit the impairment of any vested pension rights of persons
who are employed as fire dispatchers at the time chapter 209,
Laws of 1969 ex. sess. takes effect; and any person heretofore
regularly or temporarily, or as a substitute, employed and
paid as a member of a fire department, and who has contributed under and been covered by the provisions of chapter
41.16 RCW as now or hereafter amended and who has come
under the provisions of this chapter in accordance with RCW
41.18.170 and who is actively engaged as a firefighter or as a
member of the fire department as a firefighter or fire dispatcher.
(3) "Retired firefighter" means and includes a person
employed as a firefighter and retired under the provisions of
this chapter.
(4) "Basic salary" means the basic monthly salary,
including longevity pay, attached to the rank held by the
retired firefighter at the date of his or her retirement, without
regard to extra compensation which such firefighter may
have received for special duties assignments not acquired
through civil service examination: PROVIDED, That such
basic salary shall not be deemed to exceed the salary of a battalion chief.
(5) "Widow or widower" means the surviving spouse of
a firefighter and shall include the surviving wife or husband
of a firefighter, retired on account of length of service, who
was lawfully married to him or to her for a period of five
years prior to the time of his or her retirement; and the surviving wife or husband of a firefighter, retired on account of disability, who was lawfully married to him or her at and prior to
the time he or she sustained the injury or contracted the illness resulting in his or her disability. The word shall not
mean the divorced wife or husband of an active or retired
firefighter.
(6) "Child" or "children" means a firefighter’s child or
children under the age of eighteen years, unmarried, and in
the legal custody of such firefighter at the time of his death or
her death.
(7) "Earned interest" means and includes all annual
increments to the firefighters’ pension fund from income
earned by investment of the fund. The earned interest payable to any firefighter when he or she leaves the service and
accepts his or her contributions, shall be that portion of the
total earned income of the fund which is directly attributable
to each individual firefighter’s contributions. Earnings of the
fund for the preceding year attributable to individual contributions shall be allocated to individual firefighters’ accounts
as of January 1st of each year.
(8) "Board" shall mean the municipal firefighters’ pension board.
(9) "Contributions" shall mean and include all sums
deducted from the salary of firefighters and paid into the fund
as hereinafter provided.
(10) "Disability" shall mean and include injuries or sickness sustained by a firefighter.
(11) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firefighters of
the municipality.
(12) "Fund" shall have the same meaning as in RCW
41.16.010 as now or hereafter amended. Such fund shall be
[Title 41 RCW—page 97]
41.18.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
created in the manner and be subject to the provisions specified in chapter 41.16 RCW as now or hereafter amended.
(13) "Municipality" shall mean every city, town and fire
protection district having a regularly organized full time,
paid, fire department employing firefighters.
(14) "Performance of duty" shall mean the performance
of work or labor regularly required of firefighters and shall
include services of an emergency nature normally rendered
while off regular duty. [2007 c 218 § 41; 1973 1st ex.s. c 154
§ 69; 1969 ex.s. c 209 § 40; 1965 ex.s. c 45 § 2; 1961 c 255 §
1; 1955 c 382 § 1.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.18.010 Definitions. (Effective January 1, 2014.)
For the purpose of this chapter, unless clearly indicated otherwise by the context, words and phrases shall have the
meaning hereinafter ascribed.
(1) "Basic salary" means the basic monthly salary,
including longevity pay, attached to the rank held by the
retired firefighter at the date of his or her retirement, without
regard to extra compensation which such firefighter may
have received for special duties assignments not acquired
through civil service examination: PROVIDED, That such
basic salary shall not be deemed to exceed the salary of a battalion chief.
(2) "Beneficiary" shall mean any person or persons designated by a firefighter in a writing filed with the board, and
who shall be entitled to receive any benefits of a deceased
firefighter under this chapter.
(3) "Board" shall mean the municipal firefighters’ pension board.
(4) "Child" or "children" means a firefighter’s child or
children under the age of eighteen years, unmarried, and in
the legal custody of such firefighter at the time of his death or
her death.
(5) "Contributions" shall mean and include all sums
deducted from the salary of firefighters and paid into the fund
as hereinafter provided.
(6) "Disability" shall mean and include injuries or sickness sustained by a firefighter.
(7) "Earned interest" means and includes all annual
increments to the firefighters’ pension fund from income
earned by investment of the fund. The earned interest payable to any firefighter when he or she leaves the service and
accepts his or her contributions, shall be that portion of the
total earned income of the fund which is directly attributable
to each individual firefighter’s contributions. Earnings of the
fund for the preceding year attributable to individual contributions shall be allocated to individual firefighters’ accounts
as of January 1st of each year.
(8) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firefighters of
the municipality.
(9) "Firefighter" means any person hereafter regularly or
temporarily, or as a substitute newly employed and paid as a
member of a fire department, who has passed a civil service
examination for firefighters and who is actively employed as
a firefighter or, if provided by the municipality by appropriate local legislation, as a fire dispatcher: PROVIDED, Noth41.18.010
[Title 41 RCW—page 98]
ing in chapter 209, Laws of 1969 ex. sess. shall impair or permit the impairment of any vested pension rights of persons
who are employed as fire dispatchers at the time chapter 209,
Laws of 1969 ex. sess. takes effect; and any person heretofore
regularly or temporarily, or as a substitute, employed and
paid as a member of a fire department, and who has contributed under and been covered by the provisions of chapter
41.16 RCW as now or hereafter amended and who has come
under the provisions of this chapter in accordance with RCW
41.18.170 and who is actively engaged as a firefighter or as a
member of the fire department as a firefighter or fire dispatcher.
(10) "Fund" shall have the same meaning as in RCW
41.16.010 as now or hereafter amended. Such fund shall be
created in the manner and be subject to the provisions specified in chapter 41.16 RCW as now or hereafter amended.
(11) "Municipality" shall mean every city, town and fire
protection district having a regularly organized full time,
paid, fire department employing firefighters.
(12) "Performance of duty" shall mean the performance
of work or labor regularly required of firefighters and shall
include services of an emergency nature normally rendered
while off regular duty.
(13) "Retired firefighter" means and includes a person
employed as a firefighter and retired under the provisions of
this chapter.
(14) "Widow or widower" means the surviving spouse of
a firefighter and shall include the surviving wife, husband, or
state registered domestic partner of a firefighter, retired on
account of length of service, who was lawfully married to, or
in a state registered domestic partnership with, him or to her
for a period of five years prior to the time of his or her retirement; and the surviving wife, husband, or state registered
domestic partner of a firefighter, retired on account of disability, who was lawfully married to, or in a state registered
domestic partnership with, him or her at and prior to the time
he or she sustained the injury or contracted the illness resulting in his or her disability. The word shall not mean the
divorced wife or husband or former state registered domestic
partner of an active or retired firefighter. [2009 c 521 § 90;
2007 c 218 § 41; 1973 1st ex.s. c 154 § 69; 1969 ex.s. c 209 §
40; 1965 ex.s. c 45 § 2; 1961 c 255 § 1; 1955 c 382 § 1.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.18.015 Pension boards in fire districts created—
Members—Terms—Vacancies—Officers—Quorum.
There is hereby created in each fire protection district which
qualifies under this chapter, a firefighters’ pension board to
consist of the following five members, the chairperson of the
fire commissioners for said district who shall be chairperson
of the board, the county auditor, county treasurer, and in
addition, two regularly employed or retired firefighters
elected by secret ballot of the employed and retired firefighters. Retired members who are subject to the jurisdiction of
the pension board have both the right to elect and the right to
be elected under this section. The first members to be elected
41.18.015
(2010 Ed.)
Firefighters’ Relief and Pensions—1955 Act
by the firefighters shall be elected annually for a two-year
term. The two firefighter elected members shall, in turn,
select a third eligible member who shall serve in the event of
an absence of one of the regularly elected members. In case
a vacancy occurs in the membership of the firefighter or
retired members, the members shall in the same manner elect
a successor to serve the unexpired term. The board may
select and appoint a secretary who may, but need not be a
member of the board. In case of absence or inability of the
chairperson to act, the board may select a chairperson pro
tempore who shall during such absence or inability perform
the duties and exercise the powers of the chairperson. A
majority of the members of said board shall constitute a quorum and have power to transact business. [2007 c 218 § 42;
1992 c 6 § 1; 1961 c 255 § 11.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.020 Powers and duties of board. The board, in
addition to such general and special powers as are vested in it
by the provisions of chapter 41.16 RCW, which powers the
board shall have with respect to this chapter shall have power
to:
(1) Generally supervise and control the administration of
this chapter;
(2) Pass upon and allow or disallow applications for pensions or other benefits provided by this chapter;
(3) Provide for payment from the firefighters’ pension
fund of necessary expenses of maintenance and administration required by the provisions of this chapter;
(4) Make rules and regulations not inconsistent with this
chapter for the purpose of carrying out and effecting the
same;
(5) Require the physicians appointed under the provisions of chapter 41.16 RCW, to examine and report to the
board upon all applications for relief and pensions under this
chapter; and
(6) Perform such acts, receive such compensation and
enjoy such immunity as provided in RCW 41.16.040. [2007
c 218 § 43; 1955 c 382 § 2.]
41.18.020
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.030 Contributions by firefighters. Every firefighter to whom this chapter applies shall contribute to the
firefighters’ pension fund a sum equal to six percent of his or
her basic salary which shall be deducted therefrom and
placed in the fund. [2007 c 218 § 44; 1961 c 255 § 2; 1955 c
382 § 3.]
41.18.030
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.040 Retirement for service—Widow’s or widower’s pension—Payments to children. Whenever any
firefighter, *at the time of taking effect of this act or thereafter, shall have been appointed under civil service rules and
have served for a period of twenty-five years or more as a
member in any capacity of the regularly constituted fire
department of any city, town or fire protection district which
may be subject to the provisions of this chapter, and shall
have attained the age of fifty years, he or she shall be eligible
for retirement and shall be retired by the board upon his or her
written request. Upon his or her retirement such firefighter
41.18.040
(2010 Ed.)
41.18.042
shall be paid a monthly pension which shall be equal to fifty
percent of the basic salary now or hereafter attached to the
same rank and status held by the said firefighter at the date of
his or her retirement: PROVIDED, That a firefighter hereafter retiring who has served as a member for more than
twenty-five years, shall have his or her pension payable under
this section increased by two percent of the basic salary per
year for each full year of such additional service to a maximum of five additional years.
Upon the death of any such retired firefighter, his or her
pension shall be paid to his widow or her widower, at the
same monthly rate that the retired firefighter would have
received had he or she lived, if such widow or widower was
his wife or her husband for a period of five years prior to the
time of his or her retirement. If there be no widow or widower, then such monthly payments shall be distributed to and
divided among his or her children, share and share alike, until
they reach the age of eighteen or are married, whichever
occurs first. [2007 c 218 § 45; 1973 1st ex.s. c 154 § 70; 1969
ex.s. c 209 § 29; 1965 ex.s. c 45 § 3; 1961 c 255 § 3; 1955 c
382 § 4.]
*Reviser’s note: The phrase "at the time of taking effect of this act or
thereafter" first appears in the 1961 amendment, which became effective at
midnight June 7, 1961 (see preface, 1961 session laws). The basic act, 1955
c 382, became effective at midnight June 8, 1955 (see preface, 1955 session
laws).
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.18.042 Actuarially reduced retirement allowance—Spousal benefit. (1) Any retired firefighter married
to a spouse ineligible for survivor benefits under RCW
41.18.040, 41.18.080, and 41.18.100 may choose an actuarially equivalent benefit adopted by the board that pays the
retired firefighter a reduced retirement allowance, and upon
death such portion of the retired firefighter’s reduced retirement allowance as designated by the retired firefighter shall
be continued throughout the life of the spouse.
(2) A retired firefighter who married a spouse ineligible
for survivor benefits under RCW 41.18.040, 41.18.080, and
41.18.100 prior to July 26, 2009, has one year after July 26,
2009, to designate their spouse as a survivor beneficiary.
(3) The benefit provided to a child survivor beneficiary
under RCW 41.18.040, 41.18.080, and 41.18.100 shall not be
affected or reduced by the retired firefighter’s selection of the
actuarially reduced spousal survivor benefit provided by this
section, and shall be equivalent to the amount payable as if
the choice under subsection (1) of this section was not made.
(4)(a) Any retired firefighter who chose to receive a
reduced retirement allowance under subsection (1) of this
section is entitled to receive a retirement allowance adjusted
in accordance with (b) of this subsection if:
(i) The retiree’s survivor spouse designated in subsection
(1) of this section predeceases the retiree; and
(ii) The retiree provides to the board proper proof of the
designated beneficiary’s death.
(b) The retirement allowance payable to the retiree from
the beginning of the month following the date of the beneficiary’s death shall be the current monthly amount payable as
if the selection under subsection (1) of this section was not
made. [2009 c 156 § 1.]
41.18.042
[Title 41 RCW—page 99]
41.18.045
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.18.045 Pension benefits for widows or widowers of
unretired, eligible firefighters—Retroactive. Upon the
death of a firefighter who is eligible to retire under RCW
41.18.040 as now or hereafter amended, but who has not
retired, a pension shall be paid to his widow or her widower
at the same monthly rate that he or she was eligible to receive
at the time of his or her death, if such widow or widower was
his wife or her husband for a period of five years prior to his
or her death. If there be no widow or widower, then such
monthly payments shall be distributed to and divided among
his or her children, share and share alike, until they reach the
age of eighteen or are married, whichever comes first.
This section shall apply retroactively for the benefit of
all widows or widowers and survivors of firefighters who
died after January 1, 1967, if such firefighters were otherwise
eligible to retire on the date of death. [2007 c 218 § 46; 1973
1st ex.s. c 154 § 71; 1969 ex.s. c 209 § 25.]
41.18.045
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.18.050 Disablement in line of duty—Retirement.
Every firefighter who shall become disabled as a result of the
performance of duty may be retired at the expiration of six
months from the date of his or her disability, upon his or her
written request filed with his or her retirement board. The
board may, upon such request being filed, consult such medical advice as it sees fit, and may have the applicant examined
by such physicians as it deems desirable. If from the reports
of such physicians the board finds the applicant capable of
performing his or her duties in the fire department, the board
may refuse to recommend his or her retirement. If, after the
expiration of six months from the date of his or her disability,
the board deems it for the good of the fire department or the
pension fund it may recommend the retirement of a firefighter disabled as a result of the performance of duty without
any request for the same by him or her, and after having been
given by the board a thirty days’ written notice of such recommendation he or she shall be retired. [2007 c 218 § 47;
1955 c 382 § 5.]
41.18.050
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.060 Disablement in line of duty—Inactive
period—Allowance—Medical, hospital, nursing care.
Whenever the retirement board, pursuant to examination by
the board’s physician and such other evidence as it may
require, shall find a firefighter has been disabled while in the
performance of his or her duties it shall declare the firefighter
inactive. For a period of six months from the time of the disability the firefighter shall draw from the pension fund a disability allowance equal to his or her basic monthly salary and,
in addition, shall be provided with medical, hospital and
nursing care as long as the disability exists. The board may,
at its discretion, elect to reimburse the firefighter who is disabled for premiums the firefighter has paid for medical insurance that supplements medicare, including premiums the
firefighter has paid for medicare part B coverage. If the
board finds at the expiration of six months that the firefighter
is unable to return to and perform his or her duties, the firefighter shall be retired at a monthly sum equal to fifty percent
of the amount of his or her basic salary at any time thereafter
41.18.060
[Title 41 RCW—page 100]
attached to the rank which he or she held at the date of retirement: PROVIDED, That where, at the time of retirement
hereafter for disability under this section, the firefighter has
served honorably for a period of more than twenty-five years
as a member, in any capacity of the regularly constituted fire
department of a municipality, the firefighter shall have his or
her pension payable under this section increased by two percent of his or her basic salary per year for each full year of
additional service to a maximum of five additional years.
[2007 c 218 § 48; 1992 c 22 § 1; 1969 ex.s. c 209 § 30; 1961
c 255 § 4; 1955 c 382 § 6.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.18.080
41.18.080 Payment upon disablement not in line of
duty. Any firefighter who has completed his or her probationary period and has been permanently appointed, and sustains a disability not in the performance of his or her duty
which renders him or her unable to continue his or her service, may request to be retired by filing a written request with
his or her retirement board within sixty days from the date of
his or her disability. The board may, upon such request being
filed, consult such medical advice as it deems fit and proper.
If the board finds the firefighter capable of performing his or
her duties, it may refuse to recommend retirement and order
the firefighter back to duty. If no request for retirement has
been received after the expiration of sixty days from the date
of his or her disability, the board may recommend retirement
of the firefighter. The board shall give the firefighter a thirtyday written notice of its recommendation, and he or she shall
be retired upon expiration of said notice. Upon retirement he
or she shall receive a pension equal to fifty percent of his or
her basic salary. For a period of ninety days following such
disability the firefighter shall receive an allowance from the
fund equal to his or her basic salary. He or she shall during
said ninety days be provided with such medical, hospital, and
nursing care as the board deems proper. No funds shall be
expended for such disability if the board determines that the
firefighter was gainfully employed or engaged for compensation in other than fire department duty when the disability
occurred, or if such disability was the result of dissipation or
abuse. Whenever any firefighter shall die as a result of a disability sustained not in the line of duty, his widow or her widower shall receive a monthly pension equal to one-third of his
or her basic salary; if such widow or widower has dependent
upon her or him for support a child or children of such
deceased firefighter, he or she shall receive an additional pension as follows: One child, one-eighth of the deceased’s
basic salary; two children, one-seventh; three or more children, one-sixth. If there be no widow or widower, monthly
payments equal to one-third of the deceased firefighter’s
basic salary shall be made to his or her child or children. The
widow or widower may elect at any time in writing to receive
a cash settlement, and if the board after hearing finds it financially beneficial to the pension fund, he or she may receive
the sum of five thousand dollars cash in lieu of all future
monthly pension payments, and other benefits, including
benefits to any child and/or children. [2009 c 156 § 2; 2007
c 218 § 49; 1973 1st ex.s. c 154 § 72; 1965 c 109 § 1; 1961 c
255 § 5; 1955 c 382 § 9.]
(2010 Ed.)
Firefighters’ Relief and Pensions—1955 Act
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.18.130
Additional notes found at www.leg.wa.gov
41.18.102 Applicability of RCW 41.18.040 and
41.18.100. The provisions of RCW 41.18.040 and 41.18.100
shall be applicable to all firefighters employed prior to March
1, 1970, but shall not apply to any former firefighter who has
terminated his or her employment prior to July 1, 1969.
[2007 c 218 § 52; 1969 ex.s. c 209 § 32.]
41.18.102
41.18.090 Examination of disability pensioners—
Restoration to active duty. The board shall require all firefighters receiving disability pensions to be examined every
six months: PROVIDED, That no such examinations shall be
required if upon certification by physicians the board shall
formally enter upon its records a finding of fact that the disability is and will continue to be of such a nature that return
to active duty can never reasonably be expected. All examinations shall be made by physicians duly appointed by the
board. If a firefighter shall willfully fail to present himself or
herself for examination, within thirty days after being ordered
so to do, he or she shall forfeit all rights under this chapter. If
such firefighter, upon examination as aforesaid, shall be
found fit for service, he or she shall be restored to duty in the
same rank held at the time of his or her retirement, or if
unable to perform the duties of said rank then, at his or her
request, in such other like or lesser rank as may be or become
open and available, the duties of which he or she is then able
to perform. The board shall thereupon so notify the firefighter and shall require him or her to resume his or her duties
as a member of the fire department. If, upon being so notified, such member shall willfully fail to report for employment within ten days, he or she shall forfeit all rights to any
benefit under this chapter. [2007 c 218 § 50; 1955 c 382 §
15.]
41.18.090
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.100 Payment on death in line of duty or while
retired on account of service connected disability. In the
event a firefighter is killed in the performance of duty, or in
the event a firefighter retired on account of service connected
disability shall die from any cause, his widow or her widower
shall receive a monthly pension under one of the following
applicable provisions: (1) If a firefighter is killed in the line
of duty his widow or her widower shall receive a monthly
pension equal to fifty percent of his or her basic salary at the
time of his or her death; (2) if a firefighter who has retired on
account of a service connected disability dies, his widow or
her widower shall receive a monthly pension equal to the
amount of the monthly pension such retired firefighter was
receiving at the time of his or her death. If she or he at any
time so elects in writing and the board after hearing finds it to
be financially beneficial to the pension fund, he or she may
receive in lieu of all future monthly pension and other benefits, including benefits to child or children, the sum of five
thousand dollars in cash. If there be no widow or widower at
the time of such firefighter’s death or upon the widow’s or
widower’s death the monthly pension benefits provided for
under this section shall be paid to and divided among his or
her child or children share and share alike, until they reach
the age of eighteen or are married, whichever occurs first. A
pension payable under the provisions of this section shall not
be less than that specified under RCW 41.18.200. [2009 c
156 § 3; 2007 c 218 § 51; 1975 1st ex.s. c 178 § 4; 1973 1st
ex.s. c 154 § 73; 1969 ex.s. c 209 § 28; 1965 ex.s. c 45 § 4;
1955 c 382 § 8.]
41.18.100
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
(2010 Ed.)
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.18.104 Annual increase in benefits payable on
retirement for service or disability—Appeals. The amount
of all benefits payable under the provisions of RCW
41.18.040, 41.18.080, 41.18.100 and 41.18.200 as now or
hereafter amended, shall be increased annually as hereafter in
this section provided. The local pension board shall meet subsequent to March 31st but prior to June 30th of each year for
the purpose of adjusting benefit allowances payable pursuant
to the aforementioned sections. The local board shall determine the increase in the consumer price index between January 1st and December 31st of the previous year and increase
in dollar amount the benefits payable subsequent to July 1st
of the year in which said board makes such determination by
a dollar amount proportionate to the increase in the consumer
price index: PROVIDED, That regardless of the change in
the consumer price index, such increase shall be at least two
percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased as authorized by this section. This benefit increase shall be paid monthly as part of the
regular pension payment and shall be cumulative. The
increased benefits authorized by this section shall not affect
any benefit payable under the provisions of chapter 41.18
RCW in which the benefit payment is attached to a current
salary of the rank held at time of retirement. A beneficiary of
benefit increases provided for pursuant to this section is
hereby authorized to appeal a decision on such increases or
the failure of the local pension board to order such increased
benefits or the amount of such benefits to the Washington law
enforcement officers’ and firefighters’ system retirement
board provided for in *RCW 41.26.050.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle, Washington
area as compiled by the bureau of labor statistics of the
United States department of labor. [1975-’76 2nd ex.s. c 44
§ 2; 1975 1st ex.s. c 178 § 2; 1974 ex.s. c 190 § 2; 1970 ex.s.
c 37 § 1; 1969 ex.s. c 209 § 33.]
41.18.104
*Reviser’s note: RCW 41.26.050 was repealed by 1982 c 163 § 23.
Powers, duties, and functions of the Washington law enforcement officers’
and firefighters’ retirement board were transferred to the director of retirement systems by RCW 41.26.051, which has been decodified. See Table of
Disposition of Former RCW Sections, Volume 0.
Additional notes found at www.leg.wa.gov
41.18.130 Payment on separation—With less than
twenty-five years service or less than fifty years of age—
Option to be classified as vested firefighter. Any firefighter who shall have served for a period of less than twentyfive years, or who shall be less than fifty years of age, and
41.18.130
[Title 41 RCW—page 101]
41.18.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
shall resign, or be dismissed from the fire department for a
reason other than conviction for a felony, shall be paid the
amount of his or her contributions to the fund plus earned
interest: PROVIDED, That in the case of any firefighter who
has completed twenty years of service, such firefighter, upon
termination for any cause except for a conviction of a felony,
shall have the option of electing, in lieu of recovery of his or
her contributions as herein provided, to be classified as a
vested firefighter in accordance with the following provisions:
(1) Written notice of such election shall be filed with the
board within thirty days after the effective date of such firefighter’s termination;
(2) During the period between the date of his or her termination and the date upon which he or she becomes a retired
firefighter as hereinafter provided, such vested firefighter and
his or her spouse or dependent children shall be entitled to all
benefits available under chapter 41.18 RCW to a retired firefighter and his or her spouse or dependent children with the
exception of the service retirement allowance as herein provided for: PROVIDED, That any claim for medical coverage
under RCW 41.18.060 shall be attributable to service connected illness or injury;
(3) Any firefighter electing to become a vested firefighter shall be entitled at such time as he or she otherwise
would have completed twenty-five years of service had he or
she not terminated, to receive a service retirement allowance
computed on the following basis: Two percent of the amount
of salary attached to the position held by the vested firefighter
for the year preceding the date of his or her termination, for
each year of service rendered prior to the date of his or her
termination. [2007 c 218 § 53; 1969 ex.s. c 209 § 31; 1961 c
255 § 6; 1955 c 382 § 11.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
41.18.140 Funeral expenses. The board shall pay from
the firefighters’ pension fund upon the death of any active or
retired firefighter the sum of five hundred dollars, to assist in
defraying the funeral expenses of such firefighter. [2007 c
218 § 54; 1961 c 255 § 7; 1955 c 382 § 13.]
41.18.140
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.150 Credit for military service. Every person
who was a member of the fire department at the time he or
she entered and served in the armed forces of the United
States in time of war, whether as a draftee, or inductee, and
who shall have been discharged from such armed forces
under conditions other than dishonorable, shall have added
and accredited to his or her period of employment as a firefighter his or her period of war or peacetime service in the
armed forces: PROVIDED, That such added and accredited
service shall not as to any individual exceed five years. [2007
c 218 § 55; 1955 c 382 § 14.]
41.18.150
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
ter 41.16 RCW, who desires to make the contributions and
avail himself or herself of the pension and other benefits of
said chapter 41.16 RCW, can do so by handing to and leaving
with the firefighters’ pension board of his or her municipality
a written notice of such intention within sixty days of the
effective date of this chapter, or if he or she was on disability
retirement under chapter 41.16 RCW, at the effective date of
this chapter and has been recalled to active duty by the retirement board, shall give such notice within sixty days of his or
her return to active duty, and not otherwise. [2007 c 218 §
56; 1955 c 382 § 17.]
Reviser’s note: Effective date of chapter 41.18 RCW is midnight June
8, 1955; see preface 1955 session laws.
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.165 Credit for membership in private organization acquired by municipality. Every person who was a
member of a fire-fighting organization operated by a private
enterprise, which fire-fighting organization shall be hereafter
acquired before September 1, 1959, by a municipality as its
fire department as a matter of public convenience or necessity, where it is in the public interest to retain the trained personnel of such fire-fighting organization, shall have added
and accredited to his or her period of employment as a firefighter his or her period of service with said private enterprise, except that this shall apply only to those persons who
are in the service of such fire-fighting organization at the time
of its acquisition by the municipality and who remain in the
service of that municipality until this chapter shall become
applicable to such persons.
No such person shall have added and accredited to his or
her period of employment as a firefighter his or her period of
service with said private enterprise unless he, she, or a third
party shall pay to the municipality his or her contribution for
the period of such service with the private enterprise at the
rate provided in RCW 41.18.030, or, if he or she shall be entitled to any private pension or retirement benefits as a result of
such service with the private enterprise, unless he or she
agrees at the time of his or her employment by the municipality to accept a reduction in the payment of any benefits payable under this chapter that are based in whole or in part on
such added and accredited service by the amount of those private pension or retirement benefits received. For the purposes of RCW 41.18.030, the date of entry of service shall be
deemed the date of entry into service with the private enterprise, which service is accredited by this section, and the
amount of contributions for the period of accredited service
shall be based on the wages or salary of such person during
that added and accredited period of service with the private
enterprise.
The city may receive payments for these purposes from
a third party and shall make from such payments contributions with respect to such prior service as may be necessary to
enable the fund to assume its obligations. [2007 c 218 § 57;
1959 c 69 § 1.]
41.18.165
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.160 Certain firefighters may elect to be covered under other law. Every firefighter as defined in this
chapter heretofore employed as a member of a fire department, whether or not as a prior firefighter as defined in chap41.18.160
[Title 41 RCW—page 102]
41.18.170 Application of chapter. The provisions of
this chapter governing contributions, pensions, and benefits
shall have exclusive application (1) to firefighters as defined
41.18.170
(2010 Ed.)
Police Relief and Pensions in First-Class Cities
in this chapter hereafter becoming members of a fire department, (2) to firefighters as defined in this chapter heretofore
employed in a department who have not otherwise elected as
provided for in RCW 41.18.160, and (3) to firefighters on
disability retirement under chapter 41.16 RCW, at the effective date of this chapter, who thereafter shall have been
returned to active duty by the retirement board, and who have
not otherwise elected as provided for in RCW 41.18.160
within sixty days after return to active duty. [2007 c 218 §
58; 1955 c 382 § 16.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.180 Firefighter contributor under prior law
may obtain benefits of chapter—Refunds. Any firefighter
who has made contributions under any prior act may elect to
avail himself or herself of the benefits provided by this chapter or under such prior act by filing written notice with the
board within sixty days from June 7, 1961: PROVIDED,
That any firefighter who has received refunds by reason of
selecting the benefits of prior acts shall return the amount of
such refunds as a condition to coverage under chapter 255,
Laws of 1961. [2007 c 218 § 59; 1961 c 255 § 12.]
41.18.180
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.190 Transfer of membership authorized. Any
firefighter as defined in RCW 41.18.010 who has prior to
July 1, 1969 been employed as a member of a fire department
and who desires to make contributions and avail himself or
herself of the pension and other benefits of chapter 41.18
RCW as now law or hereafter amended, may transfer his or
her membership from any other pension fund, except the
Washington law enforcement officers’ and firefighters’
retirement system, to the pension fund provided in chapter
41.18 RCW: PROVIDED, That such firefighter transmits
written notice of his or her intent to transfer to the pension
board of his or her municipality prior to September 1, 1969.
[2007 c 218 § 60; 1969 ex.s. c 209 § 41.]
41.18.190
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Law enforcement officers’ and firefighters’ retirement system: Chapter
41.26 RCW.
Additional notes found at www.leg.wa.gov
41.18.200 Minimum pension. All retirees and survivors receiving a pension under the provisions of this chapter
shall from and after April 25, 1973 receive a minimum pension of three hundred dollars per month. [1973 1st ex.s. c 181
§ 2.]
41.18.200
Upon the receipt of such request, the transfer of membership to the city’s firefighter’s pension system shall be made,
together with a transfer of all accumulated contributions
credited to such member. The board of administration shall
transmit to the municipal firefighters’ pension board a record
of service credited to such member which shall be computed
and credited to such member as a part of his or her period of
employment in the city’s firefighter’s pension system. For
the purpose of the transfer contemplated by this section, those
affected individuals who have formerly withdrawn funds
from the city employees’ retirement system shall be allowed
to restore contributions withdrawn from that retirement system directly to the firefighter’s pension system and receive
credit in the firefighter’s pension system for their former
membership service in the prior system.
Any employee so transferring shall have all the rights,
benefits, and privileges that he or she would have been entitled to had he or she been a member of the city’s firefighter’s
pension system from the beginning of his or her employment
with the city.
No person so transferring shall thereafter be entitled to
any other public pension, except that provided by chapter
41.26 RCW or social security, which is based upon such service with the city.
The right of any employee to file a written request for
transfer of membership as set forth in this section shall expire
December 31, 1974. [2007 c 218 § 61; 1974 ex.s. c 148 § 1.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
41.18.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
89.]
41.18.900
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Chapter 41.20
41.18.210 Transfer of credit from city employees’
retirement system to firefighters’ pension system. Any
former employee of a department of a city of the first class,
who (1) was a member of the employees’ retirement system
of such city, and (2) is now employed within the fire department of such city, may transfer his or her former membership
credit from the city employees’ retirement system to the firefighter’s pension system created by chapters 41.16 and 41.18
RCW by filing a written request with the board of administration and the municipal firefighters’ pension board, respectively.
41.18.210
(2010 Ed.)
Chapter 41.20
Chapter 41.20 RCW
POLICE RELIEF AND PENSIONS IN
FIRST-CLASS CITIES
Sections
41.20.005
41.20.010
41.20.020
41.20.030
41.20.040
41.20.050
41.20.060
41.20.061
Definitions.
Board of trustees—Composition.
Officers of board—Annual report.
Meetings—Disbursements of fund—Quorum.
Additional powers of board.
Pension on retirement for years of service.
Pension on retirement for duty connected disability.
Increase in presently payable benefits for service or disability
authorized.
[Title 41 RCW—page 103]
41.20.005
41.20.065
41.20.070
41.20.080
41.20.085
41.20.086
41.20.090
41.20.100
41.20.110
41.20.120
41.20.130
41.20.140
41.20.150
41.20.155
41.20.160
41.20.170
41.20.175
41.20.180
41.20.900
41.20.910
41.20.920
Title 41 RCW: Public Employment, Civil Service, and Pensions
Pension on retirement for nonduty disability.
Certificate of disability.
Pension on death before or after retirement.
Pension on death before or after retirement—Surviving spouse
not formerly covered—"Surviving spouse" defined.
Increase in certain presently payable death benefits authorized.
Lump sum payment on death before or after retirement.
Examination of disability pensioners—Emergency duty.
Withdrawal of pension—Grounds.
Sick benefits.
Fund created.
Pension payments monthly—Surplus to general fund.
Return of member’s contributions—Option to be classified as
vested member.
Return of member’s contributions—Applicability.
Credit for membership in private organization acquired by city
of first class.
Transfer of membership.
Transfer of service credit from firemen’s pension system to
city’s police pension system.
Exemption from taxation and judicial process—Exception—
Assignability.
Construction—1959 c 6—Benefits retroactively authorized.
Severability—1959 c 6.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
41.20.005 Definitions. As used in chapter 41.20 RCW:
(1) "Rank" means civil service rank.
(2) "Position" means the particular employment held at
any particular time, which may or may not be the same as
civil service rank.
(3) Words importing masculine gender shall extend to
females also.
(4) "Salary" means the basic monthly rate of salary or
wages, including longevity pay but not including overtime
earnings or special salary or wages. [1969 ex.s. c 209 § 39;
1959 c 78 § 1.]
41.20.005
Additional notes found at www.leg.wa.gov
41.20.010 Board of trustees—Composition. (1) The
mayor or his designated representative who shall be an
elected official of the city, and the clerk, treasurer, president
of the city council or mayor pro tem of each city of the first
class, or in case any such city has no city council, the commissioner who has supervision of the police department,
together with three active or retired members of the police
department, to be elected as herein provided, in addition to
the duties now required of them, are constituted a board of
trustees of the relief and pension fund of the police department of each such city, and shall provide for the disbursement of the fund, and designate the beneficiaries thereof.
(2) The police department and the retired law enforcement officers of each city of the first class shall elect three
members to act as members of the board. Members shall be
elected for three year terms. Existing members shall continue
in office until replaced as provided for in this section.
(3) Such election shall be held in the following manner.
Not more than thirty nor less than fifteen days preceding the
first day of June in each year, written notice of the nomination of any member or retired member of the department for
membership on the board may be filed with the secretary of
the board. Each notice of nomination shall be signed by not
less than five members or retired members of the department,
and nothing herein contained shall prevent any member or
retired member of the department from signing more than
one notice of nomination. The election shall be held on a date
to be fixed by the secretary during the month of June. Notice
41.20.010
[Title 41 RCW—page 104]
of the dates upon which notice of nomination may be filed
and of the date fixed for the election of such members of the
board shall be given by the secretary of the board by posting
written notices thereof in a prominent place in the police
headquarters. For the purpose of such election, the secretary
of the board shall prepare and furnish printed or typewritten
ballots in the usual form, containing the names of all persons
regularly nominated for membership and shall furnish a ballot box for the election. Each member and each retired member of the police department shall be entitled to vote at the
election for one nominee as a member of the board. The chief
of the department shall appoint two members to act as officials of the election, who shall be allowed their regular wages
for the day, but shall receive no additional compensation
therefor. The election shall be held in the police headquarters
of the department and the polls shall open at 7:30 a.m. and
close at 8:30 p.m. The one nominee receiving the highest
number of votes shall be declared elected to the board and his
term shall commence on the first day of July succeeding the
election. In the first election the nominee receiving the greatest number of votes shall be elected to the three year term, the
second greatest to the two year term and the third greatest to
the one year term. Retired members who are subject to the
jurisdiction of the board have both the right to elect and the
right to be elected under this section. Ballots shall contain all
names of those nominated, both active and retired. Notice of
nomination and voting by retired members shall be conducted by the board. [1988 c 164 § 3; 1973 1st ex.s. c 16 § 1;
1955 c 69 § 1; 1911 c 18 § 1; 1909 c 39 § 1; RRS § 9579.]
41.20.020
41.20.020 Officers of board—Annual report. The
mayor, or his designated representative, shall be ex officio
chairman, the clerk shall be ex officio secretary, and the treasurer shall be ex officio treasurer of said board. The secretary
of said board, at the time of making his annual reports as said
city clerk, shall annually report the condition of said fund, the
receipts and disbursements on account of the same, together
with a complete list of the beneficiaries of said fund, and the
amounts paid to each of them. [1973 1st ex.s. c 16 § 2; 1909
c 39 § 2; RRS § 9580.]
41.20.030
41.20.030 Meetings—Disbursements of fund—Quorum. The board herein provided for shall hold monthly
meetings on the first Mondays of each month and upon the
call of its president. It shall issue warrants, signed by its president and secretary, to the persons entitled thereto under provisions of this chapter other than RCW 41.20.050, 41.20.060,
41.20.080 and 41.20.085 for the amounts of money ordered
paid to such persons from such fund by said board, which
warrants shall state for what purpose such payments are
made; it shall keep a record of its proceedings, which record
shall be a public record; it shall, at each monthly meeting,
send to the treasurer of such city a written or printed list of all
persons entitled to payment under provisions of this chapter
other than RCW 41.20.050, 41.20.060, 41.20.080 and
41.20.085 from the fund herein provided for, stating the
amount of such payments and for what granted, which list
shall be certified to and signed by the president and secretary
of such board, attested under oath. The treasurer of such city
shall thereupon enter a copy of said list upon a book to be
(2010 Ed.)
Police Relief and Pensions in First-Class Cities
kept for that purpose and which shall be known as "the police
relief and pension fund book", and the said board shall direct
payment of the amounts named therein to the persons entitled
thereto, out of such fund. The treasurer shall prepare and
enter into such book an additional list showing those persons
entitled to payment under RCW 41.20.050, 41.20.060,
41.20.080 and 41.20.085 and shall on the last day of each
month issue warrants in the appropriate amounts to such persons. A majority of all the members of said board herein provided for shall constitute a quorum, and have power to transact business. [1973 c 143 § 1; 1911 c 18 § 5; 1909 c 39 § 11;
RRS § 9589.]
41.20.040 Additional powers of board. The board
shall, in addition to other powers herein granted, have power:
(1) To compel witnesses to attend and testify before it
upon all matters connected with the administration of this
chapter, in the same manner as provided by law for the taking
of testimony in courts of record in this state, and its president
or any member of the board may administer oaths to such
witnesses.
(2) To provide for the payment from the fund of all necessary expenses and printing.
No compensation or emolument shall be paid to any
member of the board for any duty required or performed
under this chapter.
Each board may make all needful rules and regulations
for its guidance in the administration of and in conformity
with the provisions of this chapter. [1955 c 69 § 2; 1909 c 39
§ 12; RRS § 9590.]
41.20.040
41.20.050 Pension on retirement for years of service.
Whenever a person has been duly appointed, and has served
honorably for a period of twenty-five years, as a member, in
any capacity, of the regularly constituted police department
of a city subject to the provisions of this chapter, the board,
after hearing, if one is requested in writing, may order and
direct that such person be retired, and the board shall retire
any member so entitled, upon his written request therefor.
The member so retired *hereafter shall be paid from the fund
during his lifetime a pension equal to fifty percent of the
amount of salary *at any time hereafter attached to the position held by the retired member for the year preceding the
date of his retirement: PROVIDED, That, except as to a position higher than that of captain held for at least three calendar
years prior to date of retirement, no such pension shall exceed
an amount equivalent to fifty percent of the salary of captain,
and all existing pensions shall be increased to not less than
three hundred dollars per month as of April 25, 1973: PROVIDED FURTHER, That a person *hereafter retiring who
has served as a member for more than twenty-five years, shall
have his pension payable under this section increased by two
percent of his salary per year for each full year of such additional service to a maximum of five additional years.
Any person who has served in a position higher than the
rank of captain for a minimum of three years may elect to
retire at such higher position and receive for his lifetime a
pension equal to fifty percent of the amount of the salary *at
any time hereafter attached to the position held by such
retired member for the year preceding his date of retirement:
41.20.050
(2010 Ed.)
41.20.060
PROVIDED, That such person make the said election to
retire at a higher position by September 1, 1969 and at the
time of making the said election, pay into the relief and pension fund in addition to the contribution required by RCW
41.20.130: (1) an amount equal to six percent of that portion
of all monthly salaries previously received upon which a sum
equal to six percent has not been previously deducted and
paid into the police relief and pension fund; (2) and such person agrees to continue paying into the police relief and pension fund until the date of retirement, in addition to the contributions required by RCW 41.20.130, an amount equal to
six percent of that portion of monthly salary upon which a six
percent contribution is not currently deducted pursuant to
RCW 41.20.130.
Any person affected by this chapter who at the time of
entering the armed services was a member of such police
department and is a veteran as defined in RCW 41.04.005,
shall have added to his period of employment as computed
under this chapter, his period of war service in the armed
forces, but such credited service shall not exceed five years
and such period of service shall be automatically added to
each member’s service upon payment by him of his contribution for the period of his absence at the rate provided in RCW
41.20.130. [1973 1st ex.s. c 181 § 3; 1969 ex.s. c 269 § 6;
1969 ex.s. c 219 § 1; 1969 ex.s. c 209 § 36; 1969 c 123 § 1;
1961 c 191 § 1; 1959 c 78 § 3; 1959 c 6 § 1. Prior: 1957 c 84
§ 1; 1955 c 69 § 3; 1945 c 45 § 1; 1937 c 24 § 1; 1915 c 40 §
2; 1911 c 18 § 2; 1909 c 39 § 4; Rem. Supp. 1945 § 9582.]
*Reviser’s note: The words "hereafter" and "at any time hereafter" first
appear in the 1961 amendment.
Additional notes found at www.leg.wa.gov
41.20.060 Pension on retirement for duty connected
disability. Whenever any person, while serving as a policeman in any such city becomes physically disabled by reason
of any bodily injury received in the immediate or direct performance or discharge of his duties as a policeman, or
becomes incapacitated for service on account of any duty
connected disability, such incapacity not having been caused
or brought on by dissipation or abuse, of which the board
shall be judge, the board may, upon his written request filed
with the secretary, or without such written request, if it deems
it to be for the benefit of the public, retire such person from
the department, and order and direct that he be paid from the
fund during his lifetime, a pension equal to fifty percent of
the amount of salary *at any time hereafter attached to the
position which he held in the department at the date of his
retirement, but not to exceed an amount equivalent to fifty
percent of the salary of captain except as to a position higher
than that of captain held for at least three calendar years prior
to the date of retirement in which case as to such position the
provisions of RCW 41.20.050 shall apply, and all existing
pensions shall be increased to not less than three hundred dollars per month as of April 25, 1973: PROVIDED, That
where, at the time of retirement hereafter for duty connected
disability under this section, such person has served honorably for a period of more than twenty-five years as a member,
in any capacity, of the regularly constituted police department of a city subject to the provisions of this chapter, the
foregoing percentage factors to be applied in computing the
pension payable under this section shall be increased by two
41.20.060
[Title 41 RCW—page 105]
41.20.061
Title 41 RCW: Public Employment, Civil Service, and Pensions
percent of his salary per year for each full year of such additional service to a maximum of five additional years.
Whenever such disability ceases, the pension shall cease,
and such person shall be restored to active service at the same
rank he held at the time of his retirement, and at the current
salary attached to said rank at the time of his return to active
service.
Disability benefits provided for by this chapter shall not
be paid when the policeman is disabled while he is engaged
for compensation in outside work not of a police or special
police nature. [1998 c 157 § 3; 1973 1st ex.s. c 181 § 4; 1969
ex.s. c 219 § 2; 1969 ex.s. c 209 § 37; 1969 c 123 § 2; 1961 c
191 § 2; 1959 c 78 § 4; 1959 c 6 § 2; 1957 c 84 § 2; 1955 c 69
§ 5; 1937 c 24 § 2; 1911 c 18 § 3; 1909 c 39 § 5; RRS § 9583.]
*Reviser’s note: The words "at any time hereafter" first appear in the
1961 amendment.
Purpose—1998 c 157 §§ 2-5: "The purpose of sections 2 through 5 of
this act is to clarify that the intent of the legislature in enacting RCW
41.20.060, insofar as that section provides benefits to members for disabilities incurred in the line of duty, was to provide a statute in the nature of a
workers’ compensation act that provides compensation to employees for personal injuries incurred in the course of employment. Accordingly this act
amends and divides RCW 41.20.060 into two separate sections. Section 3 of
this act clarifies and emphasizes the legislature’s intent that the disability
benefits granted by RCW 41.20.060, as amended, are granted only to those
members who become disabled by any injury or incapacity that is incurred in
the line of duty. Section 4 of this act continues to provide disability retirement benefits to members who become disabled by an injury or incapacity
not incurred in the line of duty." [1998 c 157 § 2.]
Additional notes found at www.leg.wa.gov
41.20.061 Increase in presently payable benefits for
service or disability authorized. See RCW 41.26.250.
41.20.061
41.20.065 Pension on retirement for nonduty disability. Whenever any person, while serving as a policeman in
any such city becomes physically disabled by reason of any
bodily injury not incurred in the line of duty, or becomes
incapacitated for service, such incapacity not having been
caused or brought on by dissipation or abuse, of which the
board shall be judge, the board may, upon his written request
filed with the secretary, or without such written request, if it
deems it to be for the benefit of the public, retire such person
from the department, and order and direct that he be paid
from the fund during his lifetime, a pension equal to fifty percent of the amount of salary at any time hereafter attached to
the position which he held in the department at the date of his
retirement, but not to exceed an amount equivalent to fifty
percent of the salary of captain, except as to a position higher
than that of captain held for at least three calendar years prior
to the date of retirement, in which case as to such position the
provisions of RCW 41.20.050 shall apply, and all existing
pensions shall be increased to not less than three hundred dollars per month as of April 25, 1973: PROVIDED, That
where, at the time of retirement hereafter for disability under
this section, such person has served honorably for a period of
more than twenty-five years as a member, in any capacity, of
the regularly constituted police department of a city subject
to the provisions of this chapter, the foregoing percentage
factors to be applied in computing the pension payable under
this section shall be increased by two percent of his salary per
year for each full year of such additional service, to a maximum of five additional years.
41.20.065
[Title 41 RCW—page 106]
Whenever such disability ceases, the pension shall cease,
and such person shall be restored to active service at the same
rank he held at the time of his retirement, and at the current
salary attached to said rank at the time of his return to active
service.
Disability benefits provided for by this chapter shall not
be paid when the policeman is disabled while he is engaged
for compensation in outside work not of a police or special
police nature. [1998 c 157 § 4.]
Purpose—1998 c 157 §§ 2-5: See note following RCW 41.20.060.
Additional notes found at www.leg.wa.gov
41.20.070 Certificate of disability. No person shall be
retired, as provided in RCW 41.20.060, or receive any benefit
from said fund, unless there shall be filed with said board certificate of his disability, which certificate shall be subscribed
and sworn to by said person, and by the city physician (if
there be one) and two regularly licensed and practicing physicians of such city, and such board may require other evidence of disability before ordering such retirement and payment as aforesaid. [1909 c 39 § 6; RRS § 9584.]
41.20.070
41.20.080 Pension on death before or after retirement. Whenever any member of the police department of
any such city loses his life while actually engaged in the performance of duty, or as the proximate result thereof, leaving
a surviving spouse or child or children under the age of eighteen years, upon satisfactory proof of such facts made to it,
the board shall order and direct that a pension, equal to onehalf of the amount of the salary *at any time hereafter
attached to the position which such member held in the police
department at the time of his death, shall be paid to the surviving spouse for life, or if there is no surviving spouse, or if
the surviving spouse shall die, then to the child or children
until they are eighteen years of age: PROVIDED, That if
such spouse or child or children marry, the person so marrying shall thereafter receive no further pension from the fund:
PROVIDED FURTHER, That all existing pensions shall be
increased to not less than three hundred dollars per month as
of April 25, 1973.
If any member so losing his life, leaves no spouse, or
child or children under the age of eighteen years, the board
shall pay the sum of two hundred dollars toward the funeral
expenses of such member. [1973 1st ex.s. c 181 § 5; 1961 c
191 § 3; 1959 c 78 § 5; 1959 c 6 § 3; 1957 c 84 § 3; 1955 c 69
§ 6; 1937 c 24 § 3; 1915 c 40 § 3; 1909 c 39 § 7; RRS § 9585.]
41.20.080
*Reviser’s note: The words "at any time hereafter" first appear in the
1961 amendment.
41.20.085 Pension on death before or after retirement—Surviving spouse not formerly covered—"Surviving spouse" defined. Whenever any member of the police
department of any such city shall die, or shall have heretofore
died, or whenever any such member who has been heretofore
retired or who is hereafter retired for length of service or a
disability, shall have died, or shall die, leaving a surviving
spouse or child or children under the age of eighteen years,
upon satisfactory proof of such facts made to it, the board
shall order and direct that a pension equal to one-third of the
amount of salary at any time hereafter attached to the position
41.20.085
(2010 Ed.)
Police Relief and Pensions in First-Class Cities
held by such member in the police department at the time of
his death or retirement, not to exceed one-third of the salary
of captain, shall be paid to the surviving spouse during the
surviving spouse’s life, and in addition, to the child or children, until they are eighteen years of age, as follows: For one
child, one-eighth of the salary on which such pension is
based; for two children, a total of one-seventh of said salary;
and for three or more children, a total of one-sixth of said salary: PROVIDED, If such spouse or child or children marry,
the person so marrying shall receive no further pension from
the fund. In case there is no surviving spouse, or if the surviving spouse shall die, the child or children shall be entitled to
the spouse’s share in addition to the share specified herein
until they reach eighteen years of age. No spouse shall be
entitled to any payments on the death of a retired officer
unless such surviving spouse has been married to such officer
for a period of at least five years prior to the date of his retirement.
As of April 25, 1973, a surviving spouse not otherwise
covered by the provisions of section 2, chapter 78, Laws of
1959, shall be entitled to a pension of three hundred dollars
per month.
"Surviving spouse" as used in this section means surviving female or male spouse. [1973 1st ex.s. c 181 § 6; 1969
ex.s. c 209 § 26; 1961 c 140 § 1; 1959 c 78 § 2.]
Additional notes found at www.leg.wa.gov
41.20.086
41.20.086 Increase in certain presently payable death
benefits authorized. See RCW 41.26.260.
41.20.090
41.20.090 Lump sum payment on death before or
after retirement. Whenever any member of the police
department of such city shall, after five years of service in
said department, die, his surviving spouse or, if there is no
surviving spouse, the child or children under the age of eighteen years, or if there is no surviving spouse or child or children, then his parents or unmarried sister or sisters, minor
brother or brothers, dependent upon him for support, shall be
entitled to the sum of one thousand dollars from such fund.
This section to apply to members who shall have been retired,
for any reason, from active service under the provisions of
this chapter. [1959 c 78 § 6; 1937 c 24 § 4; 1915 c 40 § 4;
1911 c 18 § 4; 1909 c 39 § 8; RRS § 9586.]
Additional notes found at www.leg.wa.gov
41.20.100
41.20.100 Examination of disability pensioners—
Emergency duty. Any person retired for disability under
this chapter may be summoned before the board herein provided for, at any time thereafter, and shall submit himself
thereto for examination as to his fitness for duty, and shall
abide the decision and order of said board with reference
thereto; and all members of such police force who may be
retired under the provisions of this chapter, shall report to the
chief of police of such city where so retired on the first Mondays of April, July, October and January of each year; and in
cases of emergency, may be assigned to and shall perform
such duty as said chief of police may direct, and such persons
shall have no claim against such city for payment for such
duty so performed. [1909 c 39 § 9; RRS § 9587.]
(2010 Ed.)
41.20.130
41.20.110 Withdrawal of pension—Grounds. Whenever any person who shall have received any benefit from
said fund shall be convicted of any felony, or shall become an
habitual drunkard, or shall fail to report himself for examination for duty as required herein, unless excused by the board,
or shall disobey the requirements of said board then such
board shall order and direct that such pension or allowance
that may have been granted to such person shall immediately
cease, and such person shall receive no further pension or
allowance or benefit under this chapter, but in lieu thereof the
said pension or allowance or benefit may, at the discretion of
the board, be paid to those immediately dependent upon him,
or to his legally appointed guardian. [1937 c 24 § 5; 1909 c
39 § 10; RRS § 9588.]
41.20.110
Additional notes found at www.leg.wa.gov
41.20.120 Sick benefits. Whenever any active member
of the police department, or any member *hereafter retired,
on account of service, sickness or disability, not caused or
brought on by dissipation or abuse, of which the board shall
be judge, is confined in any hospital or in his or her home
and, whether or not so confined, requires nursing, care, or
attention, the board shall pay for the active member the necessary hospital, care, and nursing expenses of the member out
of the fund; and the board may pay for the retired member
hospital, care, and nursing expenses as are reasonable, in the
board’s discretion. The board may, at its discretion, elect, in
lieu of paying some or all such expenses for the retired member, to reimburse the retired member for premiums the member has paid for medical insurance that supplements medicare, including premiums the member has paid for medicare
part B coverage. The salary of the active member shall continue while he or she is necessarily confined to the hospital or
home or elsewhere during the period of recuperation, as
determined by the board, for a period not exceeding six
months; after which period the other provisions of this chapter shall apply: PROVIDED, That the board in all cases may
have the active or retired member suffering from such sickness or disability examined at any time by a licensed physician or physicians, to be appointed by the board, for the purpose of ascertaining the nature and extent of the sickness or
disability, the physician or physicians to report to the board
the result of the examination within three days thereafter.
Any active or retired member who refuses to submit to such
examination or examinations shall forfeit all his or her rights
to benefits under this section: PROVIDED FURTHER, That
the board shall designate the hospital and medical services
available to the sick or disabled policeman. [1992 c 22 § 2;
1961 c 191 § 4; 1959 c 78 § 7; 1955 c 69 § 7; 1915 c 40 § 5;
1911 c 18 § 6; 1909 c 39 § 13; RRS § 9591.]
41.20.120
*Reviser’s note: The words "hereafter retired" first appear in the 1961
amendment.
41.20.130 Fund created. There is created in each city
subject to the provisions of this chapter a police relief and
pension fund. The fund shall be constituted as follows:
A sum equal to six percent thereof shall be deducted
monthly from the salary of each police officer by the city
treasurer and placed in the fund, but the maximum deduction
shall not exceed six percent of the monthly salary of captain.
41.20.130
[Title 41 RCW—page 107]
41.20.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
At the time the annual tax levy of the city is made, the
city council, or other legislative body, shall order the transfer
of an amount of money into the fund, sufficient with the salary deductions, to meet the financial requirements thereof:
(1) From moneys collected or received from all licenses
issued;
(2) From fines and forfeitures collected or received in
money for violation of city ordinances. [1959 c 78 § 8; 1955
c 69 § 8; 1933 c 30 § 1; 1929 c 101 § 3; 1923 c 54 § 1; 1915
c 40 § 1; 1909 c 39 § 3; RRS § 9581.]
41.20.140 Pension payments monthly—Surplus to
general fund. Payments provided for in this chapter shall be
made monthly upon proper vouchers. If at any time there is
more money in the fund provided for in this chapter than is
necessary for the purposes of this chapter, then such surplus
shall be transferred from such fund to the general fund of the
city: PROVIDED, That at all times enough money shall be
kept in said fund to meet all payments provided for in this
chapter. [1911 c 18 § 7; 1909 c 39 § 14; RRS § 9592.]
41.20.140
41.20.150 Return of member’s contributions—
Option to be classified as vested member. Whenever any
member affected by this chapter terminates his employment
prior to the completion of twenty-five years of service he
shall receive seventy-five percent of his contributions made
after *the effective date of this act and he shall not receive
any contributions made prior thereto: PROVIDED, That in
the case of any member who has completed twenty years of
service, such member, upon termination for any cause except
for a conviction of a felony, shall have the option of electing,
in lieu of recovery of his contributions as herein provided, to
be classified as a vested member in accordance with the following provisions:
(1) Written notice of such election shall be filed with the
board within thirty days after the effective date of such member’s termination;
(2) During the period between the date of his termination
and the date upon which he becomes a retired member as
hereinafter provided, such vested member and his spouse or
dependent children shall be entitled to all benefits available
under chapter 41.20 RCW to a retired member and his spouse
or dependent children with the exception of the service retirement allowance as herein provided for: PROVIDED, That
any claim for medical coverage under RCW 41.20.120 shall
be attributable to service connected illness or injury;
(3) Any member electing to become a vested member
shall be entitled at such time as he otherwise would have
completed twenty-five years of service had he not terminated,
to receive a service retirement allowance computed on the
following basis: Two percent of the amount of salary at any
time hereafter attached to the position held by the vested
member for the year preceding the date of his termination, for
each year of service rendered prior to the date of his termination. At such time the vested member shall be regarded as a
retired member and, in addition to the retirement allowance
herein provided for, shall continue to be entitled to all such
other benefits as are by chapter 41.20 RCW made available to
retired members. [1969 c 123 § 3; 1955 c 69 § 4.]
41.20.150
*Reviser’s note: The words "the effective date of this act" first appear
in 1955 c 69 § 4, which became effective midnight June 8, 1955.
[Title 41 RCW—page 108]
41.20.155 Return of member’s contributions—
Applicability. The provisions of RCW 41.20.050, 41.20.060
and 41.20.150 shall be applicable to all members employed
on June 12, 1969, and to those who shall thereafter become
members, but shall not apply to any former member who has
terminated his employment prior to June 12, 1969. [1969 c
123 § 4.]
41.20.155
41.20.160 Credit for membership in private organization acquired by city of first class. Any person affected
by this chapter who was a member of a police organization
operated by a private enterprise which police organization
shall be hereafter acquired before September 1, 1959, by a
city of the first class as its police department as a matter of
public convenience or necessity, where it is in the public
interest to retain the trained personnel of such police organization, shall have added to his period of employment as computed under this chapter his period of service with said private enterprise, except that this shall apply only to those persons who are in the service of such police organization at the
time of its acquisition by the city of the first class and who
remain in the service of that city until this chapter shall
become applicable to such persons.
No such person shall have added to his period of
employment as computed under this chapter his period of service with said private enterprise unless he or a third party
shall pay to the city his contribution for the period of such
service with the private enterprise, or, if he shall be entitled to
any private pension or retirement benefits as a result of such
service with the private enterprise, unless he agrees at the
time of his employment by the city to accept a reduction in
the payment of any benefits payable under this chapter that
are based in whole or in part on such added service by the
amount of those private pension or retirement benefits
received. The rate of such contribution shall be two percent
of the wage or salary of such person during that added period
of service with the private enterprise before midnight, June 8,
1955, and four and one-half percent of such wage or salary
after midnight, June 8, 1955. Such contributions shall be paid
into the police relief and pension fund and shall be held subject to the provisions of RCW 41.20.150, except that all such
contributions shall be deemed to have been made after June
8, 1955. Such contributions may be invested in investments
permitted under chapter 35.39 RCW and may be kept
invested until required to meet payments of benefits to such
persons.
The city may receive payments for these purposes from
a third party and shall make from such payments contributions with respect to such prior service as may be necessary to
enable the police relief and pension fund to assume its obligations. [1983 c 3 § 92; 1959 c 71 § 1.]
41.20.160
Additional notes found at www.leg.wa.gov
41.20.170 Transfer of membership. Any former
employee of a department of a city of the first class who (1)
was a member of the employees’ retirement system of such
city, and (2) is now employed within the police department of
such city, may transfer his membership from the city employees’ retirement system to the city’s police relief and pension
fund system by filing a written request with the board of
41.20.170
(2010 Ed.)
Law Enforcement Chaplains
administration and the board of trustees, respectively, of the
two systems.
Upon the receipt of such request, the transfer of membership to the city’s police relief and pension fund system shall
be made, together with a transfer of all accumulated contributions credited to such member. The board of administration
of the city’s employees’ retirement system shall transmit to
the board of trustees of the city’s police relief and pension
fund system a record of service credited to such member
which shall be computed and credited to such member as a
part of his period of employment in the city’s police relief
and pension fund system. For the purpose of the transfer contemplated by this section, the affected individuals shall be
allowed to restore withdrawn contributions to the city
employees’ retirement system and reinstate their membership
service records.
Any employee so transferring shall have all the rights,
benefits and privileges that he would have been entitled to
had he been a member of the city’s police relief and pension
fund system from the beginning of his employment with the
city.
No person so transferring shall thereafter be entitled to
any other public pension, except that provided by chapter
41.26 RCW or social security, which is based upon service
with the city.
The right of any employee to file a written request for
transfer of membership as set forth herein shall expire
December 31, 1973. [1973 c 143 § 2; 1969 ex.s. c 209 § 27;
1963 c 82 § 1.]
Additional notes found at www.leg.wa.gov
41.22.010
any court decree of dissolution or legal separation. [1979
ex.s. c 205 § 2; 1965 c 33 § 1.]
41.20.900 Construction—1959 c 6—Benefits retroactively authorized. The provisions of *this act are intended to
be remedial and procedural and any benefits heretofore paid
to recipients hereunder pursuant to any previous act are retroactively included and authorized as a part of *this act. [1959
c 6 § 4.]
41.20.900
*Reviser’s note: "this act" appears in chapter 6, Laws of 1959, which
reenacted RCW 41.20.050, 41.20.060, and 41.20.080. These sections were
subsequently amended by chapter 78, Laws of 1959.
41.20.910 Severability—1959 c 6. If any provision of
this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1959 c 6 § 5.]
41.20.910
41.20.920 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
91.]
41.20.920
41.20.175 Transfer of service credit from firemen’s
pension system to city’s police pension system. A former
employee of a fire department of a city of the first class who
(1) was a member of the fireman’s pension system created by
chapters 41.16 or 41.18 RCW, and (2) is now employed
within the police department of such city, will be regarded as
having received membership service credit for such service
to the fire department in the city’s police and relief pension
system at the time he recovers such service credit by paying
withdrawn contributions to the Washington law enforcement
officers’ and firefighters’ retirement system pursuant to
*RCW 41.26.030(14). [1974 ex.s. c 148 § 2.]
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
*Reviser’s note: RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (14) to subsection (28).
41.22.010
41.22.020
41.20.180 Exemption from taxation and judicial process—Exception—Assignability. The right of a person to a
pension, an annuity, or retirement allowance, or disability
allowance, or death benefits, or any optional benefit, or any
other right accrued or accruing to any person under the provisions of this chapter, and any fund created hereby, and all
moneys and investments and income thereof, are exempt
from any state, county, municipal, or other local tax, and shall
not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency laws, or other process
of law whatsoever, and shall be unassignable: PROVIDED,
That benefits under this chapter shall be payable to a spouse
or ex-spouse to the extent expressly provided for in any court
decree of dissolution or legal separation or in any court order
or court-approved property settlement agreement incident to
41.22.030
41.20.175
41.20.180
(2010 Ed.)
Chapter 41.22
Chapter 41.22 RCW
LAW ENFORCEMENT CHAPLAINS
Sections
41.22.040
41.22.900
Legislative findings.
Washington state patrol and the department of fish and wildlife—Volunteer chaplain authorized.
Local law enforcement agencies—Volunteer chaplains authorized.
Volunteer chaplains—Duties.
Severability—1985 c 223.
State-employed chaplains—Housing allowance: RCW 41.04.360.
41.22.010 Legislative findings. The career of a police
officer is highly stressful, resulting in unacceptable rates of
divorce, alcoholism, low morale and suicide. The nature of
law enforcement work requires that much information be
kept confidential, unfairly burdening the emotional capacity
of law enforcement personnel. Police officers may become
the hidden victims of society because of their daily work with
crisis.
The legislature finds that law enforcement chaplains can
provide emotional support for law enforcement personnel,
41.22.010
[Title 41 RCW—page 109]
41.22.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
including counseling, stress management, and family life
counseling. The legislature also finds that law enforcement
chaplains can serve as a crisis intervention resource for personnel of police, fire, and corrections departments, and medical examiners or coroners. [1985 c 223 § 1.]
41.24.200
41.22.020 Washington state patrol and the department of fish and wildlife—Volunteer chaplain authorized.
The Washington state patrol and the department of fish and
wildlife may utilize the services of a volunteer chaplain.
[2009 c 204 § 2; 1985 c 223 § 2.]
41.24.245
41.24.250
41.22.020
41.22.030 Local law enforcement agencies—Volunteer chaplains authorized. The legislature authorizes local
law enforcement agencies to use the services of volunteer
chaplains associated with an agency. [1985 c 223 § 3.]
41.24.210
41.24.215
41.24.220
41.24.230
41.24.240
41.24.260
41.24.270
41.24.280
41.22.030
41.22.040 Volunteer chaplains—Duties. The duties of
a volunteer law enforcement chaplain include counseling,
training, and crises intervention for law enforcement personnel, their families and the general public. [1985 c 223 § 4.]
41.22.040
41.22.900 Severability—1985 c 223. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 223 § 5.]
41.22.900
Chapter 41.24 RCW
VOLUNTEER FIREFIGHTERS’ AND RESERVE
OFFICERS’ RELIEF AND PENSIONS
Chapter 41.24
(Formerly: Volunteer firefighters’ relief and pensions)
Sections
41.24.010
41.24.020
41.24.023
41.24.030
41.24.035
41.24.040
41.24.050
41.24.060
41.24.070
41.24.080
41.24.090
41.24.100
41.24.110
41.24.120
41.24.130
41.24.140
41.24.150
41.24.155
41.24.160
41.24.170
41.24.172
41.24.175
41.24.176
41.24.180
41.24.185
41.24.190
41.24.290
41.24.300
41.24.310
41.24.320
41.24.330
41.24.340
41.24.400
41.24.410
41.24.430
41.24.450
41.24.460
41.24.900
Service need not be continuous nor in a single department or
agency.
Report of accident—Time limitation for filing report and
claim.
Injured volunteer—Recovery from third party.
Hospitalization, surgery, etc.
Funeral and burial expenses.
Benefits not transferable or subject to legal process—Exceptions—Chapter not exclusive.
Payments to spouse or ex spouse pursuant to court order.
State board for volunteer firefighters and reserve officers—
Composition—Terms—Vacancies—Oath.
State board for volunteer firefighters and reserve officers—
Meetings—Quorum.
State board for volunteer firefighters and reserve officers—
Compensation—Travel expenses.
State board for volunteer firefighters and reserve officers—
Attorney general is legal advisor.
State board for volunteer firefighters and reserve officers—
Powers and duties.
State board for volunteer firefighters and reserve officers—
Vouchers, warrants.
State board for volunteer firefighters and reserve officers—
Secretary, duties, compensation.
State board for volunteer firefighters and reserve officers—
State actuary to provide actuarial services.
Emergency medical service districts—Board of trustees—Creation.
Emergency medical service districts—Board of trustees—
Officers—Annual report.
Reserve officers—Enrollment—Limitations.
Reserve officers—Credit for service.
Reserve officers—Eligibility for benefit.
Reserve officers—Municipality adoption of relief benefits.
Reserve officers—Board of trustees.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Prior acts relating to volunteer firefighters’ relief and pensions: (1)
1935 c 121 (repealed by 1945 c 261 § 27).
(2) Benefits extended to volunteer firefighters of fire protection districts: 1943 c 137.
Fire protection districts: Title 52 RCW.
Firefighters’ relief and pensions: Chapters 41.16, 41.18 RCW.
41.24.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Administrative fund" means the volunteer firefighters’ and reserve officers’ administrative fund created under
RCW 41.24.030.
(2) "Appropriate legislation" means an ordinance when
an ordinance is the means of legislating by any municipality,
and resolution in all other cases.
(3) "Board of trustees" or "local board" means: (a) For
matters affecting firefighters, a firefighter board of trustees
created under RCW 41.24.060; (b) for matters affecting an
emergency worker, an emergency medical service district
board of trustees created under RCW 41.24.330; or (c) for
matters affecting reserve officers, a reserve officer board of
trustees created under RCW 41.24.460.
(4) "Emergency worker" means any emergency medical
service personnel, regulated by chapters 18.71 and 18.73
RCW, who is a member of an emergency medical service district but shall not include emergency medical service personnel who are eligible for participation in the Washington public employees’ retirement system, with respect to periods of
service rendered in such capacity.
(5) "Fire department" means any regularly organized fire
department or emergency medical service district consisting
wholly of volunteer firefighters, or any part-paid and partvolunteer fire department duly organized and maintained by
41.24.010
Definitions.
Enrollment of firefighters—Death, disability, retirement benefits.
Retired participant may resume volunteer service—Board
approval required.
Volunteer firefighters’ and reserve officers’ relief and pension
principal fund created—Composition—Investment—Use—
Treasurer’s report.
Legal, medical expenses—May be paid from earnings of the
principal fund and administrative fund.
Fees, when payable—Interest—Effect of nonpayment.
Emergency medical technicians or first aid vehicle operators—Restriction on retirement system membership.
Board of trustees—How constituted.
Officers of board—Record of proceedings—Forms.
Duties of board and state board—Disbursements.
Meetings.
Compelling attendance of witnesses—Oaths—Rules and regulations.
Reimbursement of physicians and medical staff.
Hearing of application for benefits—Appeal to state board.
Quorum—Vote on allowance of claims.
Guardian may be appointed.
Disability payments.
Vocational rehabilitation—Purpose—Costs—Administration—Discretion of state board.
Death benefits.
Retirement pensions.
Retirement pensions—Options—Election.
Disability or retirement payments—Computation according to
latest legislative expression.
Disability or retirement payments—Construction.
Lump sum payments.
Lump sum payments—Monthly pension under fifty dollars.
Proof of service.
[Title 41 RCW—page 110]
(2010 Ed.)
Volunteer Firefighters’ and Reserve Officers’ Relief and Pensions
any municipality: PROVIDED, That any such municipality
wherein a part-paid fire department is maintained may by
appropriate legislation permit the full-paid members of its
department to come under the provisions of chapter 41.16
RCW.
(6) "Firefighter" includes any firefighter or emergency
worker who is a member of any fire department of any
municipality but shall not include firefighters who are eligible for participation in the Washington law enforcement
officers’ and firefighters’ retirement system or the Washington public employees’ retirement system, with respect to
periods of service rendered in such capacity.
(7) "Municipal corporation" or "municipality" includes
any county, city, town or combination thereof, fire protection
district, local law enforcement agency, or any emergency
medical service district or other special district, authorized by
law to protect life or property within its boundaries through a
fire department, emergency workers, or reserve officers.
(8) "Participant" means: (a) For purposes of relief, any
reserve officer who is or may become eligible for relief under
this chapter or any firefighter or emergency worker; and (b)
for purposes of retirement pension, any firefighter, emergency worker, or reserve officer who is or may become eligible to receive a benefit of any type under the retirement provisions of this chapter, or whose beneficiary may be eligible
to receive any such benefit.
(9) "Performance of duty" or "performance of service"
shall be construed to mean and include any work in and about
company quarters, any fire station, any law enforcement
office or precinct, or any other place under the direction or
general orders of the chief or other officer having authority to
order such member to perform such work; performing other
officially assigned duties that are secondary to his or her
duties as a firefighter, emergency worker, or reserve officer
such as maintenance, public education, inspections, investigations, court testimony, and fund-raising for the benefit of
the department; being on call or on standby under the orders
of the chief or designated officer of the department, except at
the individual’s home or place of business; responding to,
working at, or returning from an alarm of fire, emergency
call, or law enforcement duties; drill or training; or any work
performed of an emergency nature in accordance with the
rules and regulations of the fire department or local law
enforcement agency.
(10) "Principal fund" means the volunteer firefighters’
and reserve officers’ relief and pension principal fund created
under RCW 41.24.030.
(11) "Relief" means all medical, death, and disability
benefits available under this chapter that are made necessary
from death, sickness, injury, or disability arising in the performance of duty, including benefits provided under RCW
41.24.110, 41.24.150, 41.24.160, 41.24.175, 41.24.220, and
41.24.230, but does not include retirement pensions provided
under this chapter.
(12) "Reserve officer" means the same as defined by the
Washington state criminal justice training commission under
chapter 43.101 RCW, but shall not include enforcement
officers who are eligible for participation in the Washington
law enforcement officers’ and firefighters’ retirement system
or the Washington public employees’ retirement system, with
respect to periods of service rendered in such capacity.
(2010 Ed.)
41.24.023
(13) "Retired participant" means any participant who is
at least sixty-five years of age and has been retired by the
board of trustees under RCW 41.24.170 and has been in
receipt of a monthly pension for no less than three months.
(14) "Retirement pension" means retirement payments
for the performance of service, as provided under RCW
41.24.170, 41.24.172, 41.24.175, 41.24.180, and 41.24.185.
(15) "State board" means the state board for volunteer
firefighters and reserve officers. [2010 c 60 § 2; 2006 c 26 §
1; 2005 c 37 § 1; 1999 c 148 § 1; 1995 c 11 § 1; 1993 c 331 §
1; 1989 c 91 § 8; 1970 ex.s. c 6 § 18; 1955 c 263 § 1; 1945 c
261 § 1; Rem. Supp. 1945 § 9578-15.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Fire protection district having full paid fire department: RCW 41.16.240.
Additional notes found at www.leg.wa.gov
41.24.020 Enrollment of firefighters—Death, disability, retirement benefits. (1) Every municipal corporation
maintaining and operating a regularly organized fire department shall make provision by appropriate legislation for the
enrollment of every firefighter under the relief provisions of
this chapter for the purpose of providing protection for all its
firefighters and their families from death, sickness, injury, or
disability arising in the performance of their duties as firefighters. Nothing in this chapter shall prohibit any municipality from providing such additional protection for relief as it
may deem proper.
(2) Any municipal corporation maintaining and operating a regularly organized fire department may make provision by appropriate legislation allowing any member of its
fire department to enroll under the retirement pension provisions of this chapter.
(3) Every municipal corporation shall make provisions
for the collection and payment of the fees provided under this
chapter, and shall continue to make such provisions for all
firefighters who come under this chapter as long as they shall
continue to be members of its fire department. [1999 c 148 §
2; 1989 c 91 § 9; 1945 c 261 § 2; Rem. Supp. 1945 § 957816.]
41.24.020
Additional notes found at www.leg.wa.gov
41.24.023 Retired participant may resume volunteer
service—Board approval required. (1) A local municipality may, at its discretion, permit a retired participant to make
application to the local board to resume volunteer service as
a firefighter, under the following conditions:
(a) A retired participant who chooses to resume volunteer service is not eligible for disability payments pursuant to
RCW 41.24.150 in the event that the retired participant
becomes disabled as the result of the performance of his or
her duties.
(b) Prior to permitting a retired participant to resume volunteer service, a local board shall require that a retired participant submit to annual examinations by a physician or other
medical staff. A retired participant may resume volunteer
service only if the examining physician or other medical staff
certifies each year that the retired participant meets appropriate medical and health standards. Physicians and medical
staff that examine retired participants shall be reimbursed by
41.24.023
[Title 41 RCW—page 111]
41.24.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
the local municipality, and report to the local and state
boards, consistent with RCW 41.24.110.
(c) A local municipality that elects to permit retired participants to resume volunteer service shall be required to pay
an additional annual charge based on the increased cost of
medical and relief benefits for retired participants. The
amount of the additional annual charge shall be set by the
state board, in consultation with the state actuary.
(2) No period of volunteer service performed by a retired
participant may be used in calculating a retirement pension
under RCW 41.24.170.
(3) The legislature reserves the right to amend or repeal
this section in the future and no participant, retired participant, or beneficiary has a contractual right to resume volunteer service while in receipt of a retirement pension. [2010 c
60 § 1.]
41.24.030 Volunteer firefighters’ and reserve officers’ relief and pension principal fund created—Composition—Investment—Use—Treasurer’s report. (1) The
volunteer firefighters’ and reserve officers’ relief and pension
principal fund is created in the state treasury as a trust fund
for the benefit of the participants covered by this chapter consisting of:
(a) All bequests, fees, gifts, emoluments, or donations
given or paid to the fund.
(b) An annual fee for each member of its fire department
to be paid by each municipal corporation for the purpose of
affording relief provided in this chapter for firefighters as follows:
(i) Thirty dollars for each volunteer or part-paid member
of its fire department;
(ii) A sum equal to one and one-half of one percent of the
annual salary attached to the rank of each full-paid member
of its fire department, prorated for 1970 on the basis of services prior to March 1, 1970.
(c) An annual fee for each emergency worker of an emergency medical service district paid by the district that is sufficient to pay the full costs of covering the emergency worker
under the relief provisions of this chapter, including operating expenses. The state board shall determine the amount of
this fee based on the latest actuarial valuation of the system.
(d) Where a municipal corporation has elected to make
relief provisions of this chapter available to its reserve officers, an annual fee for each reserve officer paid by the municipal corporation that is sufficient to pay the full costs of covering the reserve officer under the relief provisions of this
chapter, including operating expenses. The state board shall
determine the amount of this fee based on the latest actuarial
valuation of the system.
(e) Where a municipal corporation has elected to make
the retirement pension provisions of this chapter available to
members of its fire department, an annual fee of sixty dollars
for each of its firefighters electing to enroll, thirty dollars of
which shall be paid by the municipality and thirty dollars of
which shall be paid by the firefighter. However, nothing in
this section prohibits any municipality from voluntarily paying the firefighters’ fee for this retirement pension coverage.
(f) Where an emergency medical service district has
elected to make the retirement pension provisions of this
chapter available to its emergency workers, for each emer41.24.030
[Title 41 RCW—page 112]
gency worker electing to enroll: (i) An annual fee of thirty
dollars shall be paid by the emergency worker; and (ii) an
annual fee paid by the emergency medical service district
that, together with the thirty-dollar fee per emergency
worker, is sufficient to pay the full costs of covering the
emergency worker under the retirement pension benefits provided under this chapter, including operating expenses. The
state board shall determine the amount of this fee based on
the latest actuarial valuation of the system. However, nothing in this section prohibits any emergency medical service
district from voluntarily paying the emergency workers’ fees
for this retirement pension coverage.
(g) Where a municipal corporation has elected to make
the retirement pension provisions of this chapter available to
its reserve officers, for each reserve officer electing to enroll:
(i) An annual fee of thirty dollars shall be paid by the reserve
officer; and (ii) an annual fee paid by the municipal corporation that, together with the thirty-dollar fee per reserve
officer, is sufficient to pay the full costs of covering the
reserve officer under the retirement pension benefits provided under this chapter, including operating expenses. The
state board shall determine the amount of this fee based on
the latest actuarial valuation of the system. However, nothing in this section prohibits any municipal corporation from
voluntarily paying the reserve officers’ fees for this retirement pension coverage.
(h) Moneys transferred from the administrative fund, as
provided under subsection (4) of this section, which may only
be used to pay relief and retirement pensions for firefighters.
(i) Earnings from the investment of moneys in the principal fund.
(2) The state investment board, upon request of the state
treasurer shall have full power to invest, reinvest, manage,
contract, sell, or exchange investments acquired from that
portion of the amounts credited to the principal fund as is not,
in the judgment of the state board, required to meet current
withdrawals. Investments shall be made in the manner prescribed by RCW 43.84.150 and not otherwise.
All bonds, investments, or other obligations purchased
by the state investment board shall be placed in the custody of
the state treasurer, and he or she shall collect the principal
thereof and interest thereon when due.
The state investment board may sell any of the bonds,
investments, or obligations so acquired and the proceeds
thereof shall be paid to the state treasurer.
(3) The interest, earnings, and proceeds from the sale and
redemption of any investments held by the principal fund and
invested by the state investment board shall be credited to and
form a part of the principal fund, less the allocation to the
state investment board expense account pursuant to RCW
43.33A.160.
Subject to restrictions contained in this chapter, all
amounts credited to the principal fund shall be available for
making the benefit payments required by this chapter.
The state treasurer shall make an annual report showing
the condition of the fund.
(4) The volunteer firefighters’ and reserve officers’
administrative fund is created in the state treasury. Moneys
in the fund, including unanticipated revenues under RCW
43.79.270, may be spent only after appropriation, and may be
used only for operating expenses of the volunteer firefight(2010 Ed.)
Volunteer Firefighters’ and Reserve Officers’ Relief and Pensions
ers’ and reserve officers’ relief and pension principal fund,
the operating expenses of the volunteer firefighters’ and
reserve officers’ administrative fund, or for transfer from the
administrative fund to the principal fund.
(a) Forty percent of all moneys received by the state
from taxes on fire insurance premiums shall be paid into the
state treasury and credited to the administrative fund.
(b) The state board shall compute a percentage of the
amounts credited to the administrative fund to be paid into
the principal fund.
(c) For the purpose of providing amounts to be used to
defray the cost of administration of the principal and administrative funds, the state board shall ascertain at the beginning
of each biennium and request from the legislature an appropriation from the administrative fund sufficient to cover estimated expenses for the biennium. [2005 c 37 § 2; 1999 c 148
§ 3. Prior: 1995 c 45 § 1; 1995 c 11 § 3; 1992 c 97 § 1; 1991
sp.s. c 13 § 98; prior: 1989 c 194 § 1; 1989 c 91 § 1; 1986 c
296 § 4; 1982 1st ex.s. c 35 § 17; 1981 c 3 § 26; 1973 1st ex.s.
c 170 § 1; 1970 ex.s. c 6 § 19; 1967 c 160 § 2; 1957 c 116 §
1; 1955 c 223 § 1; 1945 c 261 § 3; Rem. Supp. 1945 § 957817; prior: 1935 c 121 § 1; RRS § 9578-1.]
Insurance premium taxes: RCW 48.14.020.
41.24.080
March 1st until paid or remitted. Where a participant has forfeited his or her right to participate in the retirement provisions of this chapter that participant may be reinstated so as to
participate to the same extent as if all fees had been paid by
the payment of all back fees with interest at the rate of one
percent per month provided he or she has at all times been
otherwise eligible. [1999 c 148 § 5; 1995 c 11 § 5; 1989 c 91
§ 10; 1945 c 261 § 4; Rem. Supp. 1945 § 9578-18. Prior:
1935 c 121 § 10; RRS § 9578-10.]
Additional notes found at www.leg.wa.gov
41.24.050 Emergency medical technicians or first aid
vehicle operators—Restriction on retirement system
membership. No person serving as an emergency medical
technician or first aid vehicle operator under chapter 18.73
RCW shall be permitted to join the law enforcement officers’
and firefighters’ retirement system solely on the basis of such
service. In no case shall the membership of any fire department coming under the provisions of this chapter be limited
to less than fifteen firefighters. [2002 c 11 § 1; 1989 c 91 §
11; 1975-’76 2nd ex.s. c 67 § 1; 1945 c 261 § 5; Rem. Supp.
1945 § 9578-19. Prior: 1935 c 121 § 9; RRS § 9578-9.]
41.24.050
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
41.24.060 Board of trustees—How constituted. A
firefighter board of trustees is created and established to
administer this chapter in every municipal corporation maintaining a regularly organized fire department. A firefighter
board of trustees shall consist of the mayor, city clerk or
comptroller, and one councilmember of such municipality,
the chief of the fire department, and one member of the fire
department to be elected by the members of such fire department for a term of one year and annually thereafter. Where a
municipality is governed by a board, the chair, one member
of the board, and the secretary or clerk thereof shall serve as
members of the firefighter board of trustees in lieu of the
mayor, clerk or comptroller, and councilmember. [1999 c
148 § 6; 1981 c 213 § 7; 1945 c 261 § 6; 1943 c 137 § 2; Rem.
Supp. 1945 § 9578-20. Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.060
41.24.035 Legal, medical expenses—May be paid
from earnings of the principal fund and administrative
fund. The state board is authorized to pay from the earnings
of the principal fund and administrative fund lawful obligations of the system for legal expenses and medical expenses
which expenses are primarily incurred for the purpose of protecting the principal fund or are incurred in compliance with
statutes governing such funds.
The term "legal expense" includes, but is not limited to,
legal services provided through the legal services revolving
fund, fees for expert witnesses, travel expenses, fees for court
reporters, cost of transcript preparation, and reproduction of
documents.
The term "medical costs" includes, but is not limited to,
expenses for the medical examination or reexamination of
members or retirees, the costs of preparation of medical
reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings. [1999 c 148 § 4;
1989 c 194 § 2.]
41.24.035
Additional notes found at www.leg.wa.gov
41.24.040 Fees, when payable—Interest—Effect of
nonpayment. On or before the first day of March of each
year, every municipality shall pay such amount as shall be
due from it to the principal fund, together with the amounts
collected from the participants. A participant shall not forfeit
his or her right to participate in the relief provisions of this
chapter by reason of the municipal corporation failing to pay
the amount due from it. A participant shall not forfeit his or
her right to participate in the retirement pension provisions of
this chapter until after March 1st of the year in which the
municipality fails to make the required payments. Where a
municipality has failed to pay or remit the annual fees
required within the time provided, such delinquent payment
shall bear interest at the rate of one percent per month from
41.24.040
(2010 Ed.)
41.24.070 Officers of board—Record of proceedings—Forms. The mayor or chair of the board or commission of any municipality with a fire department, or his or her
designee, shall be chair of the firefighter board of trustees,
and the clerk or comptroller or secretary of any such municipality, board, or commission, or his or her designee, shall be
the secretary-treasurer of the board of trustees.
The secretary shall keep a public record of all proceedings and of all receipts and disbursements made by the board
of trustees, shall make an annual report of its expenses and
disbursements with a full list of the beneficiaries of the principal fund in the municipality, and shall make all required
reports to the state board. The state board shall provide all
necessary forms to firefighter boards of trustees. [1999 c 148
§ 7; 1969 c 118 § 1; 1945 c 261 § 7; Rem. Supp. 1945 § 957821. Prior: 1935 c 121 § 3; RRS § 9578-3.]
41.24.070
41.24.080 Duties of board and state board—Disbursements. The board of trustees of each municipal corporation shall provide for enrollment of all members of its fire
41.24.080
[Title 41 RCW—page 113]
41.24.090
Title 41 RCW: Public Employment, Civil Service, and Pensions
department under the relief provisions of this chapter; provide for enrollment of all its reserve officers under the relief
provisions of this chapter if it has extended these relief provisions to its reserve officers; receive all applications for the
enrollment under the retirement pension provisions of this
chapter when the municipality has extended these retirement
pension provisions to its firefighters or reserve officers; provide for disbursements of relief; determine the eligibility of
firefighters and reserve officers for retirement pensions; and
pass on all claims and direct payment thereof from the principal fund to those entitled thereto. Vouchers shall be issued to
the persons entitled thereto by the local board. It shall send to
the state board, after each meeting, a voucher for each person
entitled to payment from the principal fund, stating the
amount of such payment and for what granted, which
voucher shall be certified and signed by the chair and secretary of the local board. The state board, after review and
approval, shall cause a warrant to be issued on the principal
fund for the amount specified and approved on each voucher.
However, in retirement pension cases after the applicant’s
eligibility for pension is verified, the state board shall authorize the regular issuance of monthly warrants or electronic
transfers of funds in payment of the retirement pension without further action of the board of trustees of any such municipality. [1999 c 148 § 8; 1989 c 91 § 12; 1969 c 118 § 2; 1955
c 263 § 9; 1945 c 261 § 8; Rem. Supp. 1945 § 9578-22. Prior:
1935 c 121 § 2; RRS § 9578-2.]
Additional notes found at www.leg.wa.gov
41.24.090 Meetings. A board of trustees shall meet on
the call of its chair on a regular monthly meeting day when
there is business to come before it. The chair shall be required
to call a meeting on any regular meeting day at the request of
any member of the fund or his or her beneficiary claiming
any relief or retirement pension. [1999 c 148 § 9; 1945 c 261
§ 9; Rem. Supp. 1945 § 9578-23.]
41.24.090
41.24.100 Compelling attendance of witnesses—
Oaths—Rules and regulations. The board of trustees
herein, in addition to other powers herein granted, shall have
power to compel the attendance of witnesses to testify before
it on all matters connected with the operation of this chapter,
and its chairman or any member of said board may administer
oaths to such witnesses; to make all necessary rules and regulations for its guidance in conformity with the provisions of
this chapter: PROVIDED, HOWEVER, That no compensation or emoluments shall be paid to any member of said board
of trustees for any duties performed under this chapter as
such trustees. [1945 c 261 § 10; Rem. Supp. 1945 § 9578-24.
Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.100
41.24.110 Reimbursement of physicians and medical
staff. The local board shall make provisions for reimbursing
regularly licensed practicing physicians and other medical
staff who examine participants making application for membership. Physicians and other medical staff shall perform
such services and operations and render all medical aid and
care necessary for the recovery and treatment of participants
on account of injury, sickness, or disability received while in
the performance of duties and shall be paid for these services
41.24.110
[Title 41 RCW—page 114]
from the principal fund, but not in excess of the schedule of
fees for like services approved by the director of labor and
industries under Title 51 RCW. A physician or other medical
staff, who is not approved by the local board, shall not
receive or be entitled to any compensation from the principal
fund as the private or attending physician or other private or
attending medical staff of any participant. A person shall not
have any right of action against the local board for the negligence of any physician or other medical staff who is reimbursed from the principal fund. Any physician or other medical staff who is reimbursed from the principal fund for providing service or care for a participant shall report his or her
findings in writing to the local board and the state board.
[1999 c 148 § 10; 1989 c 91 § 13; 1953 c 253 § 6; 1949 c 145
§ 1; 1945 c 261 § 11; Rem. Supp. 1949 § 9578-25. Prior:
1935 c 121 § 2; RRS § 9578-2.]
Additional notes found at www.leg.wa.gov
41.24.120 Hearing of application for benefits—
Appeal to state board. The local board shall initially hear
and decide all applications for relief or retirement pensions
under this chapter, subject to review by, or appeal by the
proper person to, the state board where decision on such
review or appeal shall be final and conclusive. [1999 c 148 §
11; 1969 c 118 § 3; 1955 c 263 § 10; 1945 c 261 § 12; Rem.
Supp. 1945 § 9578-27. Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.120
41.24.130 Quorum—Vote on allowance of claims. A
majority of the board of trustees shall constitute a quorum,
and no business shall be transacted when a majority is not
present, and no claim shall be allowed where a majority of the
board has not voted favorably thereon. [1945 c 261 § 13;
Rem. Supp. 1945 § 9578-27. Prior: 1935 c 121 § 2; RRS §
9578-2.]
41.24.130
41.24.140 Guardian may be appointed. A local board
may appoint a guardian whenever and wherever the claim of
a participant or his or her beneficiary would, in the opinion of
the local board, be best served by the appointment. The local
board shall have full power to make and direct the payments
under this chapter to any person entitled to the payments
without the necessity of any guardianship or administration
proceedings, when in its judgment, it shall determine it to be
for the best interests of the beneficiary. [1999 c 148 § 12;
1989 c 91 § 14; 1945 c 261 § 14; Rem. Supp. 1945 § 9578-28.
Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.140
Additional notes found at www.leg.wa.gov
41.24.150 Disability payments. (1)(a) Whenever a participant becomes physically or mentally disabled, injured, or
sick, in consequence or as the result of the performance of his
or her duties, so as to be wholly prevented from engaging in
each and every duty of his or her regular occupation, business, or profession, he or she shall be paid from the principal
fund monthly, an amount (i) equal to his or her monthly wage
as certified by the local board or (ii) two thousand five hundred fifty dollars, whichever is less, for a period not to exceed
six months, or an amount equal to his or her daily wage as
certified by the local board or eighty-five dollars, whichever
is less, per day for such period as is part of a month, after
41.24.150
(2010 Ed.)
Volunteer Firefighters’ and Reserve Officers’ Relief and Pensions
which period, if the member is incapacitated to such an extent
that he or she is thereby prevented from engaging in any
occupation or performing any work for compensation or
profit or if the member sustained an injury after October 1,
1978, which resulted in the loss or paralysis of both legs or
arms, or one leg and one arm, or total loss of eyesight, but
such injury has not prevented the member from engaging in
an occupation or performing work for compensation or profit,
he or she is entitled to draw from the fund monthly, the sum
of one thousand two hundred seventy-five dollars so long as
the disability continues, except as *provided. However, if the
participant has a wife or husband and/or a child or children
unemancipated or under eighteen years of age, he or she is
entitled to draw from the fund monthly the additional sums of
two hundred fifty-five dollars because of the fact of his wife
or her husband, and one hundred ten dollars because of the
fact of each child unemancipated or under eighteen years of
age, all to a total maximum amount of two thousand five hundred fifty dollars.
(b) Beginning on July 1, 2001, and each July 1st thereafter, the compensation amounts specified in (a)(ii) of this subsection shall be readjusted to reflect the percentage change in
the consumer price index, calculated as follows: The index
for the calendar year preceding the year in which the July calculation is made, to be known as "calendar year A," is divided
by the index for the calendar year preceding calendar year A,
and the resulting ratio is multiplied by the compensation
amount in effect on June 30th immediately preceding the July
1st on which the respective calculation is made. For the purposes of this subsection, "index" means the same as the definition in RCW 2.12.037(1).
(2) The state board may at any time reopen the grant of
such disability pension if the pensioner is gainfully
employed, and may reduce it in the proportion that the annual
income from such gainful employment bears to the annual
income received by the pensioner at the time of his or her disability.
(3) Where a participant sustains a permanent partial disability the state board may provide that the injured participant
receive a lump sum compensation therefor to the same extent
as is provided for permanent partial disability under the
workers’ compensation act under Title 51 RCW in lieu of
such monthly disability payments. [2001 c 134 § 1; 1999 c
148 § 13; 1996 c 57 § 1; 1989 c 91 § 2; 1987 c 185 § 10; 1986
c 163 § 1; 1981 c 21 § 1; 1975-’76 2nd ex.s. c 76 § 1; 1969 c
118 § 4; 1965 c 86 § 1; 1957 c 159 § 1; 1953 c 253 § 1; 1945
c 261 § 15; Rem. Supp. 1945 § 9578-29. Prior: 1935 c 121 §
4; RRS § 9578-4.]
*Reviser’s note: 1999 c 148 § 13 deleted "hereinafter."
Effective date—2001 c 134: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 2, 2001]." [2001 c 134 § 3.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Additional notes found at www.leg.wa.gov
41.24.155 Vocational rehabilitation—Purpose—
Costs—Administration—Discretion of state board. (1)
One of the primary purposes of this section is to enable
injured participants to return to their regular occupation, busi41.24.155
(2010 Ed.)
41.24.155
ness, or profession, or to engage in any occupation or perform
any work for compensation or profit. To this end, the state
board shall utilize the services of individuals and organizations, public or private, whose experience, training, and interests in vocational rehabilitation and retraining qualify them to
lend expert assistance to the state board in such programs of
vocational rehabilitation as may be reasonable to make the
participant return to his or her regular occupation, business,
or profession, or to engage in any occupation or perform any
work for compensation or profit consistent with his or her
physical and mental status. After evaluation and recommendation by such individuals or organizations and prior to final
evaluation of the participant’s permanent disability, if in the
sole opinion of the state board, whether or not medical treatment has been concluded, vocational rehabilitation is both
necessary and likely to enable the injured participant to return
to his or her regular occupation, business, or profession, or to
engage in any occupation or perform any work for compensation or profit, the state board may, in its sole discretion, pay
the cost as provided in subsection (3) or (4) of this section.
(2) When, in the sole discretion of the state board, vocational rehabilitation is both necessary and likely to make the
participant return to his or her regular occupation, business,
or profession, or to engage in any occupation or perform any
work for compensation or profit, then the following order of
priorities shall be used:
(a) Return to the previous job with the same employer;
(b) Modification of the previous job with the same
employer including transitional return to work;
(c) A new job with the same employer in keeping with
any limitations or restrictions;
(d) Modification of a new job with the same employer
including transitional return to work;
(e) Modification of the previous job with a new
employer;
(f) A new job with a new employer or self-employment
based upon transferable skills;
(g) Modification of a new job with a new employer;
(h) A new job with a new employer or self-employment
involving on-the-job training;
(i) Short-term retraining and job placement.
(3)(a) Except as provided in (b) of this subsection, costs
for vocational rehabilitation benefits allowed by the state
board under subsection (1) of this section may include the
cost of books, tuition, fees, supplies, equipment, transportation, child or dependent care, and other necessary expenses in
an amount not to exceed four thousand dollars. This amount
must be used within fifty-two weeks of the determination that
vocational rehabilitation is permitted under this section.
(b) The expenses allowed under (a) of this subsection
may include training fees for on-the-job training and the cost
of furnishing tools and other equipment necessary for
self-employment or reemployment. However, compensation
or payment of retraining with job placement expenses under
(a) of this subsection may not be authorized for a period of
more than fifty-two weeks, except that such period may, in
the sole discretion of the state board, after its review, be
extended for an additional fifty-two weeks or portion thereof
by written order of the state board. However, under no circumstances shall the total amount of benefit paid under this
section exceed four thousand dollars.
[Title 41 RCW—page 115]
41.24.160
Title 41 RCW: Public Employment, Civil Service, and Pensions
(4) In addition to the vocational rehabilitation expenditures provided for under subsection (3) of this section, an
additional five thousand dollars may, upon authorization of
the state board, be expended for: (a) Accommodations for an
injured participant that are medically necessary for participation in an approved retraining plan; and (b) accommodations
necessary to perform the essential functions of an occupation
in which an injured participant is seeking employment, consistent with the retraining plan or the recommendations of a
vocational evaluation. The injured participant’s attending
physician or licensed advanced registered nurse practitioner
must verify the necessity of the modifications or accommodations. The total expenditures authorized in this subsection
shall not exceed five thousand dollars.
(5) The state board shall follow the established criteria
set forth by the department of labor and industries to monitor
the quality and effectiveness of rehabilitation services provided by the individuals and organizations used under subsection (1) of this section. The state board shall make referrals for vocational rehabilitation services based on these performance criteria.
(6) The state board may engage, where feasible and
cost-effective, in a cooperative program with the state
employment security department to provide job placement
services under this section.
(7) Except as otherwise provided in this section, the
vocational benefits provided for in this section are available
to participants who have claims currently pending as of April
17, 2007, or whose injury occurred on or after January 1,
2006. [2007 c 57 § 1.]
Effective date—2007 c 57: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2007]." [2007 c 57 § 2.]
41.24.160 Death benefits. (1)(a) Whenever a participant dies as the result of injuries received, or sickness contracted in consequence or as the result of the performance of
his or her duties, the board of trustees shall order and direct
the payment from the principal fund of (i) the sum of one
hundred fifty-two thousand dollars to his widow or her widower, or if there is no widow or widower, then to his or her
dependent child or children, or if there is no dependent child
or children, then to his or her dependent parents or either of
them, or if there are no dependent parents or parent, then the
death benefit shall be paid to the member’s estate, and (ii)(A)
the sum of one thousand two hundred seventy-five dollars per
month to his widow or her widower during his or her life
together with the additional monthly sum of one hundred ten
dollars for each child of the member, unemancipated or under
eighteen years of age, dependent upon the member for support at the time of his or her death, (B) to a maximum total of
two thousand five hundred fifty dollars per month.
(b) Beginning on July 1, 2001, and each July 1st thereafter, the compensation amount specified in (a)(ii)(B) of this
subsection shall be readjusted to reflect the percentage
change in the consumer price index, calculated as follows:
The index for the calendar year preceding the year in which
the July calculation is made, to be known as "calendar year
A," is divided by the index for the calendar year preceding
calendar year A, and the resulting ratio is multiplied by the
41.24.160
[Title 41 RCW—page 116]
compensation amount in effect on June 30th immediately
preceding the July 1st on which the respective calculation is
made. For the purposes of this subsection, "index" means the
same as the definition in RCW 2.12.037(1).
(2) If the widow or widower does not have legal custody
of one or more dependent children of the deceased participant
or if, after the death of the participant, legal custody of such
child or children passes from the widow or widower to
another person, any payment on account of such child or children not in the legal custody of the widow or widower shall
be made to the person or persons having legal custody of such
child or children. Such payments on account of such child or
children shall be subtracted from the amount to which such
widow or widower would have been entitled had such widow
or widower had legal custody of all the children and the
widow or widower shall receive the remainder after such payments on account of such child or children have been subtracted. If there is no widow or widower, or the widow or
widower dies while there are children, unemancipated or
under eighteen years of age, then the amount of one thousand
two hundred seventy-five dollars per month shall be paid for
the youngest or only child together with an additional one
hundred ten dollars per month for each additional of such
children to a maximum of two thousand five hundred fifty
dollars per month until they become emancipated or reach the
age of eighteen years; and if there are no widow or widower,
child, or children entitled thereto, then to his or her parents or
either of them the sum of one thousand two hundred seventyfive dollars per month for life, if it is proved to the satisfaction of the board that the parents, or either of them, were
dependent on the deceased for their support at the time of his
or her death. In any instance in subsections (1) and (2) of this
section, if the widow or widower, child or children, or the
parents, or either of them, marries while receiving such pension the person so marrying shall thereafter receive no further
pension from the fund.
(3) In the case provided for in this section, the monthly
payment provided may be converted in whole or in part into
a lump sum payment, not in any case to exceed twelve thousand dollars, equal or proportionate, as the case may be, to the
actuarial equivalent of the monthly payment in which event
the monthly payments shall cease in whole or in part accordingly or proportionately. Such conversion may be made
either upon written application to the state board and shall
rest in the discretion of the state board; or the state board is
authorized to make, and authority is given it to make, on its
own motion, lump sum payments, equal or proportionate, as
the case may be, to the value of the annuity then remaining in
full satisfaction of claims due to dependents. Within the rule
under this subsection the amount and value of the lump sum
payment may be agreed upon between the applicant and the
state board. [2001 c 134 § 2. Prior: 1999 c 148 § 14; 1999 c
117 § 5; 1998 c 151 § 1; 1996 c 57 § 2; 1989 c 91 § 3; 1986 c
163 § 2; 1981 c 21 § 2; 1975-’76 2nd ex.s. c 76 § 2; 1973 1st
ex.s. c 154 § 74; 1965 c 86 § 2; 1961 c 57 § 1; 1957 c 159 §
2; 1953 c 253 § 2; 1951 c 103 § 2; 1945 c 261 § 16; Rem.
Supp. 1945 § 9578-30; prior: 1935 c 121 § 6; RRS § 9578-6.]
Effective date—2001 c 134: See note following RCW 41.24.150.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Volunteer Firefighters’ and Reserve Officers’ Relief and Pensions
41.24.170 Retirement pensions. Except as provided in
RCW 41.24.410, whenever any participant has been a member and served honorably for a period of ten years or more as
an active member in any capacity, of any regularly organized
fire department or law enforcement agency of any municipality in this state, and which municipality has adopted appropriate legislation allowing its firefighters or reserve officers to
enroll in the retirement pension provisions of this chapter,
and the participant has enrolled under the retirement pension
provisions and has reached the age of sixty-five years, the
board of trustees shall order and direct that he or she be
retired and be paid a monthly pension from the principal fund
as provided in this section.
Whenever a participant has been a member, and served
honorably for a period of twenty-five years or more as an
active member in any capacity, of any regularly organized
volunteer fire department or law enforcement agency of any
municipality in this state, and he or she has reached the age of
sixty-five years, and the annual retirement fee has been paid
for a period of twenty-five years, the board of trustees shall
order and direct that he or she be retired and such participant
be paid a monthly pension of three hundred dollars from the
fund for the balance of that participant’s life.
Whenever any participant has been a member, and
served honorably for a period of twenty-five years or more as
an active member in any capacity, of any regularly organized
volunteer fire department or law enforcement agency of any
municipality in this state, and the participant has reached the
age of sixty-five years, and the annual retirement fee has been
paid for a period of less than twenty-five years, the board of
trustees shall order and direct that he or she be retired and that
such participant shall receive a minimum monthly pension of
fifty dollars increased by the sum of ten dollars each month
for each year the annual fee has been paid, but not to exceed
the maximum monthly pension provided in this section, for
the balance of the participant’s life.
No pension provided in this section may become payable
before the sixty-fifth birthday of the participant, nor for any
service less than twenty-five years: PROVIDED, HOWEVER, That:
(1) Any participant, who is older than fifty-nine years of
age, less than sixty-five years of age, and has completed
twenty-five years or more of service may irrevocably elect a
reduced monthly pension in lieu of the pension that participant would be entitled to under this section at age sixty-five.
The participant who elects this option shall receive the
reduced pension for the balance of his or her life. The
reduced monthly pension is calculated as a percentage of the
pension the participant would be entitled to at age sixty-five.
The percentage used in the calculation is based upon the age
of the participant at the time of retirement as follows:
41.24.170
Age 60
Age 61
Age 62
Age 63
Age 64
Sixty percent
Sixty-eight percent
Seventy-six percent
Eighty-four percent
Ninety-two percent
(2) If a participant is age sixty-five or older but has less
than twenty-five years of service, the participant is entitled to
a reduced benefit. The reduced benefit shall be computed as
follows:
(2010 Ed.)
41.24.172
(a) Upon completion of ten years, but less than fifteen
years of service, a monthly pension equal to twenty percent
of such pension as the participant would have been entitled to
receive at age sixty-five after twenty-five years of service;
(b) Upon completion of fifteen years, but less than
twenty years of service, a monthly pension equal to thirtyfive percent of such pension as the participant would have
been entitled to receive at age sixty-five after twenty-five
years of service; and
(c) Upon completion of twenty years, but less than
twenty-five years of service, a monthly pension equal to seventy-five percent of such pension as the participant would
have been entitled to receive at age sixty-five after twentyfive years of service.
(3) If a participant with less than twenty-five years of
service elects to retire after turning age sixty but before turning age sixty-five, the participant’s retirement allowance is
subject:
(a) First to the reduction under subsection (2) of this section based upon the participant’s years of service; and
(b) Second to the reduction under subsection (1) of this
section based upon the participant’s age. [2003 c 62 § 1.
Prior: 1999 c 148 § 15; 1999 c 117 § 4; 1995 c 11 § 7; 1992
c 97 § 2; 1989 c 91 § 4; 1981 c 21 § 4; 1979 ex.s. c 157 § 1;
1973 1st ex.s. c 170 § 2; 1969 c 118 § 5; 1961 c 57 § 2; 1953
c 253 § 3; 1951 c 103 § 1; 1945 c 261 § 17; Rem. Supp. 1945
§ 9578-31.]
Effective date—2003 c 62: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 62 § 3.]
Additional notes found at www.leg.wa.gov
41.24.172 Retirement pensions—Options—Election. Before beginning to receive the retirement pension provided for in RCW 41.24.170, the participant shall elect, in a
writing filed with the state board, to have the retirement pension paid under either option 1 or 2, with option 2 calculated
so as to be actuarially equivalent to option 1.
(1) Option 1. A participant electing this option shall
receive a monthly pension payable throughout the participant’s life. However, if the participant dies before the total
retirement pension paid to the participant equals the amount
paid on behalf of the participant into the principal fund, then
the balance shall be paid to the participant’s surviving
spouse, or if there be no surviving spouse, then to the participant’s legal representatives.
(2) Option 2. A participant electing this option shall
receive a reduced monthly pension, which upon the participant’s death shall be continued throughout the life of and paid
to the participant’s surviving spouse named in the written
election filed with the state board, however, in the event that
the surviving spouse dies before the participant, the participant’s monthly retirement allowance shall increase, effective
the first day of the following month, to the monthly amount
that would have been received had the participant elected
option 1. [1999 c 148 § 16; 1999 c 117 § 6; 1995 c 11 § 9;
1989 c 91 § 6.]
41.24.172
Reviser’s note: This section was amended by 1999 c 117 § 6 and by
1999 c 148 § 16, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
[Title 41 RCW—page 117]
41.24.175
Title 41 RCW: Public Employment, Civil Service, and Pensions
Additional notes found at www.leg.wa.gov
41.24.175 Disability or retirement payments—Computation according to latest legislative expression. Payments to persons who are now receiving, or who may hereafter receive any disability or retirement payments under the
provisions of chapter 41.24 RCW shall be computed in accordance with the last act enacted by the legislature relative
thereto: PROVIDED HOWEVER, That nothing herein contained shall be construed as reducing the amount of any pension to which any firefighter shall have been eligible to
receive under the provisions of section 1, chapter 103, Laws
of 1951. [1989 c 91 § 15; 1959 c 9 § 1.]
41.24.175
Additional notes found at www.leg.wa.gov
41.24.176 Disability or retirement payments—Construction. The provisions of *this act are intended to be
remedial and procedural and any benefits heretofore paid to
recipients hereunder pursuant to any previous act are retroactively included and authorized as part of *this act. [1959 c 9
§ 2.]
41.24.176
*Reviser’s note: "this act" appears in 1959 c 9, which is codified as
RCW 41.24.175 and 41.24.176.
41.24.180 Lump sum payments. The board of trustees
of any municipal corporation shall direct payment from the
principal fund in the following cases:
(1) To any participant, upon his or her request, upon
attaining the age of sixty-five years, who, for any reason, is
not qualified to receive the monthly retirement pension provided under this chapter and who was enrolled in the retirement provisions and on whose behalf annual fees for retirement pension were paid, a lump sum amount equal to the
amount paid into the fund by the participant.
(2) If any participant who has not completed at least ten
years of service dies without having requested a lump sum
payment under subsection (1) or (3) of this section, there
shall be paid to the participant’s surviving spouse, or if there
be no surviving spouse, then to such participant’s legal representatives, a lump sum amount equal to the amount paid into
the fund by the participant. If any participant who has completed at least ten years of service dies other than as the result
of injuries received or sickness contracted in consequence or
as the result of the performance of his or her duties, without
having requested a lump sum payment under subsection (1)
or (3) of this section and before beginning to receive the
monthly pension provided for in this chapter, the participant’s surviving spouse shall elect to receive either:
(a) A monthly pension computed as provided for in
RCW 41.24.170 actuarially adjusted to reflect option 2 of
RCW 41.24.172 and further actuarially reduced to reflect the
difference in the number of years between the participant’s
age at death and age sixty-five; or
(b) A lump sum amount equal to the amount paid into the
principal fund by the participant and the municipality or
municipalities in whose department he or she has served.
If there be no such surviving spouse, then there shall be
paid to the participant’s legal representatives a lump sum
amount equal to the amount paid into the fund by the participant.
41.24.180
[Title 41 RCW—page 118]
(3) If any participant retires from service before attaining
the age of sixty-five years, the participant may make application for the return in a lump sum of the amount paid into the
fund by himself or herself. [1999 c 148 § 17; 1989 c 91 § 5;
1975-’76 2nd ex.s. c 76 § 3; 1974 ex.s. c 26 § 1. Prior: 1973
1st ex.s. c 170 § 3; 1973 1st ex.s. c 154 § 75; 1961 c 57 § 3;
1945 c 261 § 18; Rem. Supp. 1945 § 9578-22.]
Conversion of death benefits to lump sum: RCW 41.24.160.
Additional notes found at www.leg.wa.gov
41.24.185 Lump sum payments—Monthly pension
under fifty dollars. Any monthly pension, payable under
this chapter, which will not amount to fifty dollars may be
converted into a lump sum payment equal to the actuarial
equivalent of the monthly pension. The conversion may be
made either upon written application to the state board and
shall rest at the discretion of the state board; or the state board
may make, on its own motion, lump sum payments, equal or
proportionate, as the case may be, to the value of the annuity
then remaining in full satisfaction of claims due. Any person
receiving a monthly payment of less than twenty-five dollars
at the time of September 1, 1979, may elect, within two years,
to convert such payments into a lump sum payment as provided in this section. [2003 c 62 § 2; 1989 c 91 § 7.]
41.24.185
Effective date—2003 c 62: See note following RCW 41.24.170.
Additional notes found at www.leg.wa.gov
41.24.190 Proof of service. The filing of reports of
enrollment shall be prima facie evidence of the service of the
participants therein listed for the year of such report as to service rendered subsequent to July 6, 1945. Proof of service of
firefighters [participants] prior to that date shall be by documentary evidence, or such other evidence reduced to writing
and sworn to under oath, as shall be submitted to the state
board and certified by it as sufficient. [1995 c 11 § 11; 1989
c 91 § 16; 1969 c 118 § 6; 1953 c 253 § 4; 1945 c 261 § 19;
Rem. Supp. 1945 § 9578-33.]
41.24.190
Additional notes found at www.leg.wa.gov
41.24.200 Service need not be continuous nor in a
single department or agency. The aggregate term of service
of any participant need not be continuous nor need it be confined to a single fire department or law enforcement agency
nor a single municipality in this state to entitle such participant to a retirement pension if the participant has been duly
enrolled in a fire department or law enforcement agency of a
municipality which has elected to extend the retirement pension provisions of this chapter to its firefighters or reserve
officers at the time he or she becomes eligible for the retirement pension and has paid all fees prescribed. To be eligible
to the full pension a participant must have an aggregate of
twenty-five years service, have made twenty-five annual payments into the fund, and be sixty-five years of age at the time
the participant commences drawing the pension provided for
by this chapter, all of which twenty-five years service must
have been in the fire department or law enforcement agency
of a municipality or municipalities which have elected to
extend the retirement pension provisions of this chapter to its
firefighters or reserve officers. Nothing in this chapter shall
require any participant having twenty-five years active ser41.24.200
(2010 Ed.)
Volunteer Firefighters’ and Reserve Officers’ Relief and Pensions
vice to continue as a firefighter or reserve officer and no participant who has completed twenty-five years of active service for which annual retirement pension fees have been paid
and who continues as a firefighter or reserve officer shall be
required to pay any additional annual pension fees. [1999 c
148 § 18; 1995 c 11 § 12; 1989 c 91 § 17; 1973 1st ex.s. c 170
§ 4; 1961 c 57 § 4; 1953 c 253 § 5; 1945 c 261 § 20; Rem.
Supp. 1945 § 9578-34.]
Additional notes found at www.leg.wa.gov
41.24.210 Report of accident—Time limitation for
filing report and claim. A participant shall not receive relief
for disability, sickness, or injuries received in the performance of his or her duties, unless there is filed with the board
of trustees a report of accident, which report shall be subscribed to by the claimant, the head of the department, and
the authorized attending physician, if there is one. A claim for
benefits arising from disability, sickness, or injuries incurred
in consequence or as a result of the performance of duties
shall not be allowed by the state board unless there has been
filed with it a report of accident within ninety days after its
occurrence and a claim based thereon within one year after
the occurrence of the accident on which such claim is based.
The state board may require such other or further evidence as
it deems advisable before ordering any relief. [1999 c 148 §
19; 1989 c 91 § 18; 1969 c 118 § 7; 1957 c 159 § 3; 1945 c
261 § 21; Rem. Supp. 1945 § 9578-35.]
41.24.210
Additional notes found at www.leg.wa.gov
41.24.215 Injured volunteer—Recovery from third
party. (1) If an injured volunteer seeks damages from a third
party, the state board may also seek recovery of actual costs
from the responsible third party. A volunteer seeking damages from a third party is required to notify the state board
about the legal proceeding.
(2) The state board is responsible for its proportionate
share of the costs and attorneys’ fees of the legal proceedings.
(3) Any recovery is subject to a lien by the state board for
its share under this section.
(4) This section does not restrict or prohibit the state
board’s right to seek recovery from a third party when a volunteer firefighter is injured. [2005 c 37 § 3.]
41.24.215
41.24.220 Hospitalization, surgery, etc. Whenever
any participant becomes injured, disabled, or sick in consequence or as the result of the performance of his or her duties
by reason of which he or she is confined to any hospital or
other medical facility, an amount not exceeding the daily
ward rate of the hospital or regular fees for such service shall
be allowed and paid from the principal fund. This allowance
shall not be in lieu of but in addition to any other allowance
provided in this chapter. In addition, the costs of surgery,
medicine, laboratory fees, X-ray, special therapies, and similar additional costs shall be paid. When extended treatment,
not available in the injured, disabled, or sick participant’s
home area, is required, the participant may be reimbursed for
actual mileage to and from the place of extended treatment
pursuant to RCW 43.03.060. [1999 c 148 § 20; 1989 c 91 §
19; 1975-’76 2nd ex.s. c 76 § 4; 1965 c 86 § 3; 1961 c 57 § 5;
1957 c 159 § 4; 1953 c 253 § 7; 1951 c 103 § 3; 1949 c 145 §
41.24.220
(2010 Ed.)
41.24.245
2; 1945 c 261 § 22; Rem. Supp. 1949 § 9578-36. Prior: 1935
c 121 § 5; RRS § 9578-5.]
Additional notes found at www.leg.wa.gov
41.24.230 Funeral and burial expenses. Upon the
death of any participant resulting from injuries or sickness in
consequence or as the result of the performance of his or her
duties, the board of trustees shall authorize the issuance of a
voucher for the sum of two thousand dollars, and upon the
death of any participant who is receiving any disability payments provided for in this chapter, the board of trustees shall
authorize the issuance of a voucher for the sum of five hundred dollars, to help defray the funeral expenses and burial of
the participant, which voucher shall be paid in the manner
provided for payment of other charges against the principal
fund. [1999 c 148 § 21; 1989 c 91 § 20; 1986 c 163 § 3; 1981
c 21 § 3; 1975-’76 2nd ex.s. c 76 § 5; 1961 c 57 § 6; 1957 c
159 § 5; 1951 c 103 § 4; 1945 c 261 § 23; Rem. Supp. 1945 §
9578-37. Prior: 1935 c 121 § 7; RRS § 9578-7.]
41.24.230
Additional notes found at www.leg.wa.gov
41.24.240 Benefits not transferable or subject to legal
process—Exceptions—Chapter not exclusive. The right of
any person to any future payment under the provisions of this
chapter shall not be transferable or assignable at law or in
equity, and none of the moneys paid or payable or the rights
existing under this chapter, shall be subject to execution,
levy, attachment, garnishment, or other legal process, or to
the operation of any bankruptcy or insolvency law. This section shall not be applicable to any child support collection
action taken under chapter 26.18, 26.23, or 74.20A RCW.
Benefits under this chapter shall be payable to a spouse or exspouse to the extent expressly provided for in any court
decree of dissolution or legal separation or in any court order
or court-approved property settlement agreement incident to
any court decree of dissolution or legal separation.
Nothing in this chapter shall be construed to deprive any
participant, eligible to receive a pension hereunder, from
receiving a pension under any other act to which that participant may become eligible by reason of services other than or
in addition to his or her services under this chapter. [1995 c
11 § 13. Prior: 1989 c 360 § 26; 1989 c 91 § 21; 1979 ex.s. c
205 § 3; 1957 c 159 § 6; 1945 c 261 § 24; Rem. Supp. 1945 §
9578-38.]
41.24.240
Additional notes found at www.leg.wa.gov
41.24.245 Payments to spouse or ex spouse pursuant
to court order. (1) If the state board or the secretary makes
payments to a spouse or ex spouse to the extent expressly
provided for in any court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to a court decree of dissolution or
legal separation, it shall be a sufficient answer to any claim of
a beneficiary against the state board, the secretary, or the
principal fund for the state board or secretary to show that the
payments were made pursuant to a court decree.
(2) All payments made to a nonmember spouse or ex
spouse pursuant to RCW 41.24.240 shall cease upon the
death of such a nonmember spouse or ex spouse. Upon such
41.24.245
[Title 41 RCW—page 119]
41.24.250
Title 41 RCW: Public Employment, Civil Service, and Pensions
a death, the state board and the secretary shall pay to the
member his or her full monthly entitlement of benefits.
(3) The provisions of RCW 41.24.240 and this section
shall apply to all court decrees of dissolution or legal separation and court-approved property settlement agreements,
regardless of when entered, but shall apply only to those persons who have actually retired or who have requested withdrawal of any or all of their contributions to the principal
fund: PROVIDED, That the state board or secretary shall not
be responsible for making court-ordered divisions of withdrawals unless the order is filed with the state board at least
thirty days before the withdrawal payment date. [1999 c 148
§ 22; 1987 c 326 § 19.]
Mandatory assignment of retirement benefits to spouse or ex spouse: RCW
41.50.500 through 41.50.660.
Additional notes found at www.leg.wa.gov
41.24.250 State board for volunteer firefighters and
reserve officers—Composition—Terms—Vacancies—
Oath. The state board for volunteer firefighters and reserve
officers is created to consist of five members who are participants under this chapter, at least three of whom are not
receiving relief or retirement pension payments under this
chapter, no two of whom shall be from the same congressional district. The members are appointed by the governor
to serve overlapping terms of six years. Of members first
appointed, one shall be appointed for a term of six years, one
for five years, one for four years, one for three years, and one
for two years. The governor may consider participants who
are recommended for appointment by the appropriate state
associations. Upon the expiration of a term, a successor shall
be appointed by the governor for a term of six years. Any
vacancy shall be filled by the governor for the unexpired
term. Each member of the state board, before entering on the
performance of his or her duties, shall take an oath that he or
she will not knowingly violate or willingly permit the violation of any provision of law applicable to this chapter, which
oath shall be filed with the secretary of state.
The state board is not unlawfully constituted and a member of the board is not ineligible to serve the remainder of the
member’s unexpired term on the board solely by reason of
the establishment of new or revised boundaries for congressional districts. [2007 c 56 § 1; 1999 c 148 § 23; 1989 c 91 §
22; 1982 1st ex.s. c 30 § 11; 1955 c 263 § 2.]
41.24.250
Additional notes found at www.leg.wa.gov
41.24.260 State board for volunteer firefighters and
reserve officers—Meetings—Quorum. The state board
shall hold regular semiannual meetings in April and October
of each year, and special meetings not more than once
monthly at such times and places as may be called by the
chairman or by two of its members. No action shall be taken
by the state board without the approval of two members.
[1955 c 263 § 3.]
41.24.260
41.24.270 State board for volunteer firefighters and
reserve officers—Compensation—Travel expenses. Each
member of the state board shall be compensated in accordance with RCW 43.03.240. Each member shall also receive
travel expenses, including going to and from meetings of the
41.24.270
[Title 41 RCW—page 120]
state board or other authorized business of the state board, in
accordance with RCW 43.03.050 and 43.03.060. [1984 c 287
§ 70; 1975-’76 2nd ex.s. c 34 § 87; 1969 c 118 § 8; 1955 c
263 § 4.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
41.24.280 State board for volunteer firefighters and
reserve officers—Attorney general is legal advisor. The
attorney general shall be the legal advisor for the state board.
[1999 c 148 § 24; 1955 c 263 § 5.]
41.24.280
41.24.290 State board for volunteer firefighters and
reserve officers—Powers and duties. The state board shall:
(1) Generally supervise and control the administration of
this chapter;
(2) Promulgate, amend, or repeal rules and regulations
not inconsistent with this chapter for the purpose of effecting
a uniform and efficient manner of carrying out the provisions
of this chapter and the purposes to be accomplished thereby,
and for the government of boards of trustees of the municipalities of this state in the discharge of their functions under
this chapter;
(3) Review any action, and hear and determine any
appeal which may be taken from the decision of the board of
trustees of any municipality made pursuant to this chapter;
(4) Take such action as may be necessary to secure compliance of the municipalities governed by this chapter and to
provide for the collection of all fees and penalties which are,
or may be, due and delinquent from any such municipality;
(5) Review the action of the board of trustees of any
municipality authorizing any pension as provided by this
chapter; and authorize the regular issuance of monthly warrants in payment thereof without further action of the board
of trustees of such municipality;
(6) Require periodic reports from the recipient of any
benefits under this chapter for the purpose of determining
their continued eligibility therefor;
(7) Maintain such records as may be necessary and
proper for the proper maintenance and operation of the principal fund, including records of the names of every person
enrolled under this chapter, and provide all necessary forms
to enable local boards of trustees to effectively carry out their
duties as provided by this chapter;
(8) Compel the taking of testimony from witnesses under
oath before the state board, or any member or the secretary
thereof, or before the local board of trustees or any member
thereof, for the purpose of obtaining evidence, at any time, in
connection with any claim or pension pending or authorized
for payment. For such purpose the state board shall have the
same power of subpoena as prescribed in RCW 51.52.100.
Failure of any claimant to appear and give any testimony as
herein provided shall suspend any rights or eligibility to
receive payments for the period of such failure to appear and
testify;
(9) Appoint a secretary to hold office at the pleasure of
the state board, fix the secretary’s compensation at such sum
as it shall deem appropriate, and prescribe the secretary’s
duties not otherwise provided by this chapter. [1999 c 148 §
25; 1989 c 91 § 23; 1955 c 263 § 6.]
41.24.290
(2010 Ed.)
Volunteer Firefighters’ and Reserve Officers’ Relief and Pensions
Additional notes found at www.leg.wa.gov
41.24.300 State board for volunteer firefighters and
reserve officers—Vouchers, warrants. All expenses
incurred by the state board shall be accomplished by vouchers signed by the secretary and one member of the state board
and issued to the persons entitled thereto and sent to the
proper state agency. The proper state agency shall issue a
warrant on the principal fund or administrative fund for the
amount specified. [1999 c 148 § 26; 1979 ex.s. c 157 § 2;
1969 c 118 § 9; 1955 c 263 § 7.]
41.24.300
41.24.310 State board for volunteer firefighters and
reserve officers—Secretary, duties, compensation. The
secretary shall maintain an office at Olympia at a place to be
provided, wherein the secretary shall:
(1) Keep a record of all proceedings of the state board,
which shall be public;
(2) Maintain a record of all members of the pension fund,
including such pertinent information relative thereto as may
be required by law or rule of the state board;
(3) Receive and promptly remit to the state treasurer all
moneys received for the principal fund;
(4) Transmit periodically to the proper state agency for
payment all claims payable from the principal fund, stating
the amount and purpose of such payment;
(5) Certify monthly for payment a list of all persons
approved for retirement pensions and the amount to which
each is entitled; and
(6) Perform such other and further duties as shall be prescribed by the state board.
The secretary shall receive such compensation as shall
be fixed by the state board, together with travel expenses in
carrying out his or her duties authorized by the state board in
accordance with RCW 43.03.050 and 43.03.060. [1999 c 148
§ 27; 1989 c 91 § 24; 1975-’76 2nd ex.s. c 34 § 88; 1969 c
118 § 10; 1955 c 263 § 8.]
41.24.310
Additional notes found at www.leg.wa.gov
41.24.320 State board for volunteer firefighters and
reserve officers—State actuary to provide actuarial services. The state actuary shall provide actuarial services for
the state board. [1999 c 148 § 28; 1989 c 91 § 25.]
41.24.320
Additional notes found at www.leg.wa.gov
41.24.330 Emergency medical service districts—
Board of trustees—Creation. An emergency medical service district board of trustees is created to administer this
chapter in every county maintaining a regularly organized
emergency medical service district. The emergency medical
service district board shall consist of two of the members of
the county legislative authority or their designees, the county
auditor or the auditor’s designee, the head of the emergency
medical service district, and one emergency worker from the
emergency medical service district to be elected by the emergency workers of the emergency medical service district for a
term of one year and annually thereafter.
The emergency medical service district shall make provisions for the collection and payment of the fees provided
under this chapter and shall continue to make such provisions
41.24.330
(2010 Ed.)
41.24.410
for all emergency workers who come under this chapter as
long as they shall continue to be members of the fire department. [1999 c 148 § 29; 1993 c 331 § 2.]
41.24.340 Emergency medical service districts—
Board of trustees—Officers—Annual report. The chair of
the county legislative authority, or the chair’s designee, shall
be chair of the emergency medical service district board of
trustees, and the county auditor, or the auditor’s designee,
shall be the secretary-treasurer of the emergency medical service district board of trustees.
The secretary shall keep a public record of all proceedings and of all receipts and disbursements made by the emergency medical service district board of trustees, shall make
an annual report of its expenses and disbursements with a full
list of the beneficiaries of the principal fund in the county,
and shall make all required reports to the state board. The
state board shall provide all necessary forms to emergency
worker boards of trustees. [1999 c 148 § 30; 1993 c 331 § 3.]
41.24.340
41.24.400 Reserve officers—Enrollment—Limitations. (1) Except as provided in subsection (2) of this section, any municipality may make provision by appropriate
legislation an d payment of fees r equired b y RCW
41.24.030(1) solely for the purpose of enabling any reserve
officer to enroll under the retirement pension provisions of
this chapter or fees required under RCW 41.24.030(1) to pay
for the costs of extending the relief provisions of this chapter
to its reserve officers.
(2) A reserve officer is not eligible to receive a benefit
under the retirement provisions of this chapter for service
under chapter 41.26, 41.32, 41.35, 41.37, or 41.40 RCW.
(3) Every municipality shall make provisions for the collection and payment of the fees required under this chapter,
and shall continue to make provisions for all reserve officers
who come under this chapter as long as they continue to be
employed as reserve officers.
(4) Except as provided under RCW 41.24.450, a reserve
officer is not eligible to receive a benefit under the relief provisions of this chapter. [2007 c 492 § 7; 1999 c 148 § 31;
1998 c 307 § 4; 1995 c 11 § 2.]
41.24.400
41.24.410 Reserve officers—Credit for service.
Credit for service as a reserve officer shall not be counted for
purposes of RCW 41.24.170 except as stated in this section:
Within one year of an election to cover reserve officers under
the retirement provisions of this chapter, the municipality
must elect, on a one-time basis, one of the following:
(1)(a) To count credit for service only after July 23,
1995;
(b) To pay annual fees only for service after July 23,
1995; or
(2)(a) To count credit for all service as a reserve officer,
but only if the actuarial cost, as determined by the state board,
is paid by the municipality. The municipality may charge
reserve officers for any portion of the cost; and
(b) To pay annual fees only for service after July 23,
1995; or
(3)(a) To count credit for all service as a reserve officer,
but only if the actuarial cost, as determined by the state board,
41.24.410
[Title 41 RCW—page 121]
41.24.430
Title 41 RCW: Public Employment, Civil Service, and Pensions
is paid by the municipality. The municipality may charge
reserve officers for any portion of the cost; and
(b) To pay annual fees for service prior to July 23, 1995,
if:
(i) The reserve officer elects, within one year of the
municipality’s election under this section, to pay the annual
fee plus one percent per month interest for each year of past
service counted; and
(ii) The municipality pays the actuarial cost, as determined by the state board, of the benefit provided in (b) of this
subsection. The municipality may charge reserve officers for
any portion of the cost.
Payments under this section may be made in a lump sum
or in a manner prescribed by the state board. [1995 c 11 § 4.]
41.24.430 Reserve officers—Eligibility for benefit. A
reserve officer shall not receive a retirement benefit under
this chapter unless he or she completes at least three years of
service after July 23, 1995. [1995 c 11 § 8.]
41.24.430
41.24.450 Reserve officers—Municipality adoption
of relief benefits. A municipality employing reserve officers
may adopt appropriate legislation extending the relief provisions of this chapter to its reserve officers. The relief provisions of this chapter may not be extended to reserve officers
if the municipality has extended industrial insurance coverage to its reserve officers under RCW 51.12.140 or
51.12.035(2), or any other provision of law. A municipality
that adopts appropriate legislation extending the relief provisions of this chapter to its reserve officers shall enjoy the
same extent of immunity from civil actions for personal injuries to its reserve officers that arises if the reserve officers
were covered under Title 51 RCW. [1999 c 148 § 32; 1998 c
307 § 1.]
41.24.450
41.24.460 Reserve officers—Board of trustees. A
municipality that adopts appropriate legislation extending the
relief provisions of this chapter to its reserve officers shall
create a reserve officer board of trustees to administer this
chapter composed as follows:
(1) A county reserve officer board of trustees shall consist of the following five members: (a) Two members of the
county legislative authority and the county auditor, or their
designees; (b) the sheriff; and (c) one reserve officer who is
elected by reserve officers of the county for an annual oneyear term.
(2) Any other reserve officer board of trustees shall consist of the following five members: (a) The mayor, if one
exists for the municipality, and one member of the municipality’s legislative authority, or two members of the municipality’s legislative authority if a mayor does not exist for the
municipality, or their designees; (b) the clerk, comptroller, or
chief fiscal officer of the municipality; (c) the head of the law
enforcement agency; and (d) one reserve officer who is
elected by reserve officers of the municipality for an annual
term of one year.
(3) The secretary of the board of trustees shall keep a
public record of all proceedings and of all receipts and disbursements made by the board of trustees, shall make an
annual report of its expenses and disbursements with a full
list of the beneficiaries of the principal fund in the municipality, and shall make all required reports to the state board. The
state board shall provide the boards of trustees with all necessary forms. [1999 c 148 § 33; 1998 c 307 § 2.]
41.24.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
92.]
41.24.900
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Chapter 41.26 RCW
LAW ENFORCEMENT OFFICERS’ AND
FIREFIGHTERS’ RETIREMENT SYSTEM
Chapter 41.26
Sections
"PROVISIONS APPLICABLE TO PLAN 1 AND PLAN 2"
41.26.005
41.26.010
41.26.020
41.26.030
41.26.033
41.24.460
[Title 41 RCW—page 122]
41.26.035
41.26.040
41.26.045
41.26.046
41.26.047
41.26.048
41.26.053
41.26.056
41.26.057
41.26.059
41.26.061
41.26.062
Provisions applicable to "plan 1" and "plan 2."
Short title.
Purpose of chapter.
Definitions.
Use of shared leave—Impact on calculation of service credit
and final average salary.
"Minimum medical and health standards" defined.
System created—Membership—Funds.
Minimum medical and health standards.
Minimum medical and health standards—Board to adopt—
Publication and distribution—Employer certification procedures.
Minimum medical and health standards—Exemptions—
Employer may adopt higher standards.
Special death benefit—Death in the course of employment—
Death from disease or infection arising from employment—
Annual adjustment.
Exemption from judicial process, taxes—Exceptions—Deduction for insurance upon request.
No bond required on appeal to court.
Benefit calculation—Limitation.
Establishing, restoring service credit.
Disability retirement—Criminal conduct.
Falsification—Penalty.
"PLAN 1"
41.26.075
41.26.080
41.26.090
41.26.100
41.26.110
41.26.115
41.26.120
41.26.125
41.26.130
41.26.135
Provisions applicable to plan 1.
Funding total liability of plan 1 system.
Retirement for service.
Allowance on retirement for service.
City and county disability boards authorized—Composition—
Terms—Reimbursement for travel expenses—Duties.
Director of retirement systems to adopt rules governing disability boards—Remand of orders not in accordance with
rules.
Retirement for disability incurred in the line of duty.
Retirement for disability not incurred in the line of duty.
Allowance on retirement for disability.
Cessation of disability—Determination.
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
41.26.140
41.26.150
41.26.160
41.26.161
41.26.162
41.26.164
41.26.170
41.26.190
41.26.192
41.26.194
41.26.195
41.26.197
41.26.199
41.26.200
41.26.211
41.26.221
41.26.240
41.26.250
41.26.260
41.26.270
41.26.281
41.26.3901
41.26.3902
41.26.3903
Reexaminations of disability beneficiaries—Reentry—
Appeal.
Sickness or disability benefits—Medical services.
Death benefits—Duty or military service connected.
Death benefits—Nonduty connected.
Ex spouse qualifying as surviving spouse.
Optional reduced retirement allowance—Continues for spouse
otherwise ineligible for survivor benefits.
Refund of contributions on discontinuance of service—Reentry.
Credit for military service.
Credit for service under prior pension system—Restoration of
withdrawn contributions.
Credit for service under prior pension system—Service not
covered under prior system.
Transfer of service credit from other retirement system—Irrevocable election allowed.
Service credit for paid leave of absence—Application to
elected officials of labor organizations.
Purchase of additional service credit—Costs—Rules.
Appeal to director of retirement systems.
Notice for hearing required prior to petitioning for judicial
review.
Hearing—Conduct.
Increases or decreases in retirement allowances to be determined by department in accordance with consumer price
index.
Increase in presently payable benefits for service or disability
authorized.
Increase in certain presently payable death benefits authorized.
Declaration of policy respecting benefits for injury or death—
Civil actions abolished.
Cause of action for injury or death, when.
Severability—1969 ex.s. c 209.
Act to control inconsistencies.
Effective date—1969 ex.s. c 209.
41.26.730
41.26.732
41.26.735
41.26.740
41.26.800
41.26.802
41.26.805
41.26.901
41.26.902
41.26.903
41.26.904
41.26.905
41.26.906
41.26.921
41.26.922
41.26.005
Joint committee on pension policy—Pension funding council.
Plan 2 expense fund—Board oversight and administration—
State investment board.
Asset management.
Reimbursement for expenses.
Local public safety enhancement account—Creation—Distribution—Uses.
Local public safety enhancement account—Transfers into
account.
Local law enforcement officers’ and firefighters’ retirement
system benefits improvement account—Creation—Use—
Administration—Investments.
Severability—1977 ex.s. c 294.
Severability—2003 c 2.
Captions not law—2003 c 2.
Effective date—2003 c 2.
Severability—2003 c 92.
Effective date—2003 c 92.
Effective date—1977 ex.s. c 294.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Reviser’s note: Throughout chapter 41.26 RCW, the phrase "this act"
has been changed to "this chapter." 1969 ex.s. c 209 consists of this chapter
and RCW 41.16.145, 41.18.010, 41.18.040, 41.18.045, 41.18.060,
41.18.100, 41.18.102, 41.18.104, 41.18.130, 41.18.190, 41.20.005,
41.20.085, 41.20.170, 41.20.050, and 41.20.060.
Emergency medical technician or first aid vehicle operator prohibited from
joining system solely on basis of such service: RCW 41.24.050.
Additional notes found at www.leg.wa.gov
"PROVISIONS APPLICABLE TO PLAN 1 AND PLAN 2"
41.26.005 Provisions applicable to "plan 1" and
"plan 2." RCW 41.26.010 through 41.26.062 shall apply to
members of plan 1 and plan 2. [1992 c 72 § 2; 1991 c 35 §
12; 1989 c 273 § 10; 1985 c 102 § 5; 1979 ex.s. c 249 § 1;
1977 ex.s. c 294 § 18.]
41.26.005
"PLAN 2"
41.26.410
41.26.420
41.26.425
41.26.430
41.26.432
41.26.435
41.26.440
41.26.450
41.26.460
41.26.470
41.26.473
41.26.480
41.26.490
41.26.500
41.26.510
41.26.520
41.26.530
41.26.540
41.26.547
41.26.550
Provisions applicable to plan 2.
Computation of the retirement allowance.
Lump sum retirement allowance—Reentry—Conditions for
reinstatement of service.
Retirement for service.
Additional service credit purchase—Rules.
Transfer of service credit from other retirement system—
Enforcement officer for department of fish and wildlife.
Post-retirement cost-of-living.
Port districts and institutions of higher education—Must make
both employer and state contributions.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Earned disability allowance—Cancellation of allowance—
Reentry—Receipt of service credit while disabled—Conditions—Disposition upon death of recipient—Disabled in the
line of duty—Total disability—Reimbursement for certain
payments.
Disabled in the line of duty—Continuation of service credit—
Conditions.
Industrial insurance.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Reinstatement—Option to enter into membership.
Death benefits.
Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
Vested membership.
Refund of contributions on termination.
Emergency medical technicians—Job relocation—Retirement
options.
Reentry.
"PLAN 2 GOVERNANCE"
41.26.700
41.26.705
41.26.710
41.26.715
41.26.7151
41.26.717
41.26.720
41.26.725
(2010 Ed.)
Overview—Intent.
Intent—2003 c 2.
Definitions.
Board of trustees—Created—Selection of trustees—Terms of
office—Vacancies.
Board of trustees—Political party representation.
Additional duties and powers of board.
Board of trustees—Powers—Meeting procedures—Quorum—Judicial review—Budget.
Board of trustees—Contributions—Minimum and increased
benefits.
Intent—1991 c 35: "(1) The legislature intends to reorganize chapter
41.26 RCW. The goals of this reorganization are to: (a) Arrange provisions
relating to the Washington law enforcement officers’ and firefighters’ retirement system plan 1, the Washington law enforcement officers’ and firefighters’ retirement system plan 2, and those provisions relating to both plan 1
and plan 2 into three separate subchapters within chapter 41.26 RCW; (b)
decodify or repeal obsolete statutes; (c) update references to the retirement
board to refer to either the department of retirement systems or the director
of that department, as appropriate; (d) make all references gender neutral;
and (e) recodify administrative provisions. The legislature does not intend to
make substantive changes in the meaning, interpretation, court construction,
or constitutionality of any provision of chapter 41.26 RCW or other statutory
provisions or rules adopted under those provisions.
(2) The legislature intends to reorganize chapter 41.32 RCW. The goals
of this reorganization are to: (a) Arrange provisions relating to the Washington teachers’ retirement system plan 1, the Washington teachers’ retirement
system plan 2, and both plan 1 and plan 2 into three separate subchapters
within chapter 41.32 RCW; (b) decodify or repeal obsolete statutes; (c)
update references to the retirement board to refer to either the department of
retirement systems or the director of that department, as appropriate; (d)
make all references gender neutral; and (e) recodify administrative provisions. The legislature does not intend to make substantive changes in the
meaning, interpretation, court construction, or constitutionality of any provision of chapter 41.32 RCW or other statutory provisions or rules adopted
under those provisions.
(3) The legislature intends to reorganize chapter 41.40 RCW. The goals
of this reorganization are to: (a) Arrange provisions relating to the public
employees’ retirement system plan 1, the public employees’ retirement system plan 2, and both plan 1 and plan 2 into three separate subchapters within
chapter 41.40 RCW; (b) decodify obsolete statutes; (c) update references to
the retirement board to refer to either the department of retirement systems
or the director of that department, as appropriate; (d) make all references
gender neutral; and (e) recodify administrative provisions. The legislature
does not intend to make substantive changes in the meaning, interpretation,
court construction, or constitutionality of any provision of chapter 41.40
RCW or other statutory provisions or rules adopted under those provisions.
(4) This act is technical in nature and shall not have the effect of termi[Title 41 RCW—page 123]
41.26.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
nating or in any way modifying any rights, proceedings, or liabilities, civil or
criminal, which exist on July 28, 1991." [1991 c 35 § 1.]
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
Additional notes found at www.leg.wa.gov
41.26.010 Short title. This chapter shall be known and
cited as the "Washington Law Enforcement Officers’ and
Firefighters’ Retirement System Act". [1969 ex.s. c 209 § 1.]
41.26.010
41.26.020 Purpose of chapter. The purpose of this
chapter is to provide for an actuarial reserve system for the
payment of death, disability, and retirement benefits to law
enforcement officers and firefighters, and to beneficiaries of
such employees, thereby enabling such employees to provide
for themselves and their dependents in case of disability or
death, and effecting a system of retirement from active duty.
[1969 ex.s. c 209 § 2.]
41.26.020
41.26.030 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1) "Accumulated contributions" means the employee’s
contributions made by a member, including any amount paid
under RCW 41.50.165(2), plus accrued interest credited
thereon.
(2) "Actuarial reserve" means a method of financing a
pension or retirement plan wherein reserves are accumulated
as the liabilities for benefit payments are incurred in order
that sufficient funds will be available on the date of retirement of each member to pay the member’s future benefits
during the period of retirement.
(3) "Actuarial valuation" means a mathematical determination of the financial condition of a retirement plan. It
includes the computation of the present monetary value of
benefits payable to present members, and the present monetary value of future employer and employee contributions,
giving effect to mortality among active and retired members
and also to the rates of disability, retirement, withdrawal
from service, salary and interest earned on investments.
(4)(a) "Basic salary" for plan 1 members, means the
basic monthly rate of salary or wages, including longevity
pay but not including overtime earnings or special salary or
wages, upon which pension or retirement benefits will be
computed and upon which employer contributions and salary
deductions will be based.
(b) "Basic salary" for plan 2 members, means salaries or
wages earned by a member during a payroll period for personal services, including overtime payments, and shall
include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the
United States Internal Revenue Code, but shall exclude lump
sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any
form of severance pay. In any year in which a member serves
in the legislature the member shall have the option of having
such member’s basic salary be the greater of:
(i) The basic salary the member would have received had
such member not served in the legislature; or
(ii) Such member’s actual basic salary received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system
41.26.030
[Title 41 RCW—page 124]
required because basic salary under (b)(i) of this subsection is
greater than basic salary under (b)(ii) of this subsection shall
be paid by the member for both member and employer contributions.
(5)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance, disability allowance,
death benefit, or any other benefit described herein.
(b) "Beneficiary" for plan 2 members, means any person
in receipt of a retirement allowance or other benefit provided
by this chapter resulting from service rendered to an
employer by another person.
(6)(a) "Child" or "children" means an unmarried person
who is under the age of eighteen or mentally or physically
disabled as determined by the department, except a person
who is disabled and in the full time care of a state institution,
who is:
(i) A natural born child;
(ii) A stepchild where that relationship was in existence
prior to the date benefits are payable under this chapter;
(iii) A posthumous child;
(iv) A child legally adopted or made a legal ward of a
member prior to the date benefits are payable under this chapter; or
(v) An illegitimate child legitimized prior to the date any
benefits are payable under this chapter.
(b) A person shall also be deemed to be a child up to and
including the age of twenty years and eleven months while
attending any high school, college, or vocational or other
educational institution accredited, licensed, or approved by
the state, in which it is located, including the summer vacation months and all other normal and regular vacation periods
at the particular educational institution after which the child
returns to school.
(7) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(8) "Director" means the director of the department.
(9) "Disability board" for plan 1 members means either
the county disability board or the city disability board established in RCW 41.26.110.
(10) "Disability leave" means the period of six months or
any portion thereof during which a member is on leave at an
allowance equal to the member’s full salary prior to the commencement of disability retirement. The definition contained
in this subsection shall apply only to plan 1 members.
(11) "Disability retirement" for plan 1 members, means
the period following termination of a member’s disability
leave, during which the member is in receipt of a disability
retirement allowance.
(12) "Domestic partners" means two adults who have
registered as domestic partners under RCW 26.60.020.
(13) "Employee" means any law enforcement officer or
firefighter as defined in subsections (16) and (18) of this section.
(14)(a) "Employer" for plan 1 members, means the legislative authority of any city, town, county, or district or the
elected officials of any municipal corporation that employs
any law enforcement officer and/or firefighter, any authorized association of such municipalities, and, except for the
purposes of RCW 41.26.150, any labor guild, association, or
organization, which represents the firefighters or law
enforcement officers of at least seven cities of over 20,000
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
population and the membership of each local lodge or division of which is composed of at least sixty percent law
enforcement officers or firefighters as defined in this chapter.
(b) "Employer" for plan 2 members, means the following
entities to the extent that the entity employs any law enforcement officer and/or firefighter:
(i) The legislative authority of any city, town, county, or
district;
(ii) The elected officials of any municipal corporation;
(iii) The governing body of any other general authority
law enforcement agency; or
(iv) A four-year institution of higher education having a
fully operational fire department as of January 1, 1996.
(15)(a) "Final average salary" for plan 1 members,
means (i) for a member holding the same position or rank for
a minimum of twelve months preceding the date of retirement, the basic salary attached to such same position or rank
at time of retirement; (ii) for any other member, including a
civil service member who has not served a minimum of
twelve months in the same position or rank preceding the date
of retirement, the average of the greatest basic salaries payable to such member during any consecutive twenty-four
month period within such member’s last ten years of service
for which service credit is allowed, computed by dividing the
total basic salaries payable to such member during the
selected twenty-four month period by twenty-four; (iii) in the
case of disability of any member, the basic salary payable to
such member at the time of disability retirement; (iv) in the
case of a member who hereafter vests pursuant to RCW
41.26.090, the basic salary payable to such member at the
time of vesting.
(b) "Final average salary" for plan 2 members, means the
monthly average of the member’s basic salary for the highest
consecutive sixty service credit months of service prior to
such member’s retirement, termination, or death. Periods
constituting authorized unpaid leaves of absence may not be
used in the calculation of final average salary.
(c) In calculating final average salary under (a) or (b) of
this subsection, the department of retirement systems shall
include any compensation forgone by a member employed by
a state agency or institution during the 2009-2011 fiscal biennium as a result of reduced work hours, mandatory or voluntary leave without pay, or temporary layoffs if the reduced
compensation is an integral part of the employer’s expenditure reduction efforts, as certified by the employer.
(16) "Firefighter" means:
(a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an
employer and who is serving in a position which requires
passing a civil service examination for firefighter, and who is
actively employed as such;
(b) Anyone who is actively employed as a full time firefighter where the fire department does not have a civil service
examination;
(c) Supervisory firefighter personnel;
(d) Any full time executive secretary of an association of
fire protection districts authorized under RCW 52.12.031.
The provisions of this subsection (16)(d) shall not apply to
plan 2 members;
(e) The executive secretary of a labor guild, association
or organization (which is an employer under subsection (14)
(2010 Ed.)
41.26.030
of this section), if such individual has five years previous
membership in a retirement system established in chapter
41.16 or 41.18 RCW. The provisions of this subsection
(16)(e) shall not apply to plan 2 members;
(f) Any person who is serving on a full time, fully compensated basis for an employer, as a fire dispatcher, in a
department in which, on March 1, 1970, a dispatcher was
required to have passed a civil service examination for firefighter;
(g) Any person who on March 1, 1970, was employed on
a full time, fully compensated basis by an employer, and who
on May 21, 1971, was making retirement contributions under
the provisions of chapter 41.16 or 41.18 RCW; and
(h) Any person who is employed on a full-time, fully
compensated basis by an employer as an emergency medical
technician.
(17) "General authority law enforcement agency" means
any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government
of this state, and any agency, department, or division of state
government, having as its primary function the detection and
apprehension of persons committing infractions or violating
the traffic or criminal laws in general, but not including the
Washington state patrol. Such an agency, department, or
division is distinguished from a limited authority law
enforcement agency having as one of its functions the apprehension or detection of persons committing infractions or
violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments
of natural resources and social and health services, the state
gambling commission, the state lottery commission, the state
parks and recreation commission, the state utilities and transportation commission, the state liquor control board, and the
state department of corrections.
(18) "Law enforcement officer" beginning January 1,
1994, means any person who is commissioned and employed
by an employer on a full time, fully compensated basis to
enforce the criminal laws of the state of Washington generally, with the following qualifications:
(a) No person who is serving in a position that is basically clerical or secretarial in nature, and who is not commissioned shall be considered a law enforcement officer;
(b) Only those deputy sheriffs, including those serving
under a different title pursuant to county charter, who have
successfully completed a civil service examination for deputy
sheriff or the equivalent position, where a different title is
used, and those persons serving in unclassified positions
authorized by RCW 41.14.070 except a private secretary will
be considered law enforcement officers;
(c) Only such full time commissioned law enforcement
personnel as have been appointed to offices, positions, or
ranks in the police department which have been specifically
created or otherwise expressly provided for and designated
by city charter provision or by ordinance enacted by the legislative body of the city shall be considered city police officers;
(d) The term "law enforcement officer" also includes the
executive secretary of a labor guild, association or organization (which is an employer under subsection (14) of this section) if that individual has five years previous membership in
the retirement system established in chapter 41.20 RCW.
[Title 41 RCW—page 125]
41.26.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
The provisions of this subsection (18)(d) shall not apply to
plan 2 members; and
(e) The term "law enforcement officer" also includes a
person employed on or after January 1, 1993, as a public
safety officer or director of public safety, so long as the job
duties substantially involve only either police or fire duties,
or both, and no other duties in a city or town with a population of less than ten thousand. The provisions of this subsection (18)(e) shall not apply to any public safety officer or
director of public safety who is receiving a retirement allowance under this chapter as of May 12, 1993.
(19) "Medical services" for plan 1 members, shall
include the following as minimum services to be provided.
Reasonable charges for these services shall be paid in accordance with RCW 41.26.150.
(a) Hospital expenses: These are the charges made by a
hospital, in its own behalf, for
(i) Board and room not to exceed semiprivate room rate
unless private room is required by the attending physician
due to the condition of the patient.
(ii) Necessary hospital services, other than board and
room, furnished by the hospital.
(b) Other medical expenses: The following charges are
considered "other medical expenses", provided that they have
not been considered as "hospital expenses".
(i) The fees of the following:
(A) A physician or surgeon licensed under the provisions
of chapter 18.71 RCW;
(B) An osteopathic physician and surgeon licensed under
the provisions of chapter 18.57 RCW;
(C) A chiropractor licensed under the provisions of chapter 18.25 RCW.
(ii) The charges of a registered graduate nurse other than
a nurse who ordinarily resides in the member’s home, or is a
member of the family of either the member or the member’s
spouse.
(iii) The charges for the following medical services and
supplies:
(A) Drugs and medicines upon a physician’s prescription;
(B) Diagnostic X-ray and laboratory examinations;
(C) X-ray, radium, and radioactive isotopes therapy;
(D) Anesthesia and oxygen;
(E) Rental of iron lung and other durable medical and
surgical equipment;
(F) Artificial limbs and eyes, and casts, splints, and
trusses;
(G) Professional ambulance service when used to transport the member to or from a hospital when injured by an
accident or stricken by a disease;
(H) Dental charges incurred by a member who sustains
an accidental injury to his or her teeth and who commences
treatment by a legally licensed dentist within ninety days
after the accident;
(I) Nursing home confinement or hospital extended care
facility;
(J) Physical therapy by a registered physical therapist;
(K) Blood transfusions, including the cost of blood and
blood plasma not replaced by voluntary donors;
(L) An optometrist licensed under the provisions of
chapter 18.53 RCW.
[Title 41 RCW—page 126]
(20) "Member" means any firefighter, law enforcement
officer, or other person as would apply under subsections
(16) or (18) of this section whose membership is transferred
to the Washington law enforcement officers’ and firefighters’
retirement system on or after March 1, 1970, and every law
enforcement officer and firefighter who is employed in that
capacity on or after such date.
(21) "Plan 1" means the law enforcement officers’ and
firefighters’ retirement system, plan 1 providing the benefits
and funding provisions covering persons who first became
members of the system prior to October 1, 1977.
(22) "Plan 2" means the law enforcement officers’ and
firefighters’ retirement system, plan 2 providing the benefits
and funding provisions covering persons who first became
members of the system on and after October 1, 1977.
(23) "Position" means the employment held at any particular time, which may or may not be the same as civil service rank.
(24) "Regular interest" means such rate as the director
may determine.
(25) "Retiree" for persons who establish membership in
the retirement system on or after October 1, 1977, means any
member in receipt of a retirement allowance or other benefit
provided by this chapter resulting from service rendered to an
employer by such member.
(26) "Retirement fund" means the "Washington law
enforcement officers’ and firefighters’ retirement system
fund" as provided for herein.
(27) "Retirement system" means the "Washington law
enforcement officers’ and firefighters’ retirement system"
provided herein.
(28)(a) "Service" for plan 1 members, means all periods
of employment for an employer as a firefighter or law
enforcement officer, for which compensation is paid,
together with periods of suspension not exceeding thirty days
in duration. For the purposes of this chapter service shall also
include service in the armed forces of the United States as
provided in RCW 41.26.190. Credit shall be allowed for all
service credit months of service rendered by a member from
and after the member’s initial commencement of employment as a firefighter or law enforcement officer, during
which the member worked for seventy or more hours, or was
on disability leave or disability retirement. Only service
credit months of service shall be counted in the computation
of any retirement allowance or other benefit provided for in
this chapter.
(i) For members retiring after May 21, 1971 who were
employed under the coverage of a prior pension act before
March 1, 1970, "service" shall also include (A) such military
service not exceeding five years as was creditable to the
member as of March 1, 1970, under the member’s particular
prior pension act, and (B) such other periods of service as
were then creditable to a particular member under the provisions of RCW 41.18.165, 41.20.160, or 41.20.170. However,
in no event shall credit be allowed for any service rendered
prior to March 1, 1970, where the member at the time of rendition of such service was employed in a position covered by
a prior pension act, unless such service, at the time credit is
claimed therefor, is also creditable under the provisions of
such prior act.
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
(ii) A member who is employed by two employers at the
same time shall only be credited with service to one such
employer for any month during which the member rendered
such dual service.
(b) "Service" for plan 2 members, means periods of
employment by a member for one or more employers for
which basic salary is earned for ninety or more hours per calendar month which shall constitute a service credit month.
Periods of employment by a member for one or more
employers for which basic salary is earned for at least seventy
hours but less than ninety hours per calendar month shall constitute one-half service credit month. Periods of employment
by a member for one or more employers for which basic salary is earned for less than seventy hours shall constitute a
one-quarter service credit month.
Members of the retirement system who are elected or
appointed to a state elective position may elect to continue to
be members of this retirement system.
Service credit years of service shall be determined by
dividing the total number of service credit months of service
by twelve. Any fraction of a service credit year of service as
so determined shall be taken into account in the computation
of such retirement allowance or benefits.
If a member receives basic salary from two or more
employers during any calendar month, the individual shall
receive one service credit month’s service credit during any
calendar month in which multiple service for ninety or more
hours is rendered; or one-half service credit month’s service
credit during any calendar month in which multiple service
for at least seventy hours but less than ninety hours is rendered; or one-quarter service credit month during any calendar month in which multiple service for less than seventy
hours is rendered.
(29) "Service credit month" means a full service credit
month or an accumulation of partial service credit months
that are equal to one.
(30) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(31) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(32) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(33) "Surviving spouse" means the surviving widow or
widower of a member. "Surviving spouse" shall not include
the divorced spouse of a member except as provided in RCW
41.26.162. [2010 1st sp.s. c 32 § 6. Prior: 2009 c 523 § 3;
2005 c 459 § 1; 2003 c 388 § 2; 2002 c 128 § 3; prior: 1996
c 178 § 11; 1996 c 38 § 2; prior: 1994 c 264 § 14; 1994 c 197
§ 5; prior: 1993 c 502 § 1; 1993 c 322 § 1; 1991 sp.s. c 12 §
1; prior: (1991 sp.s. c 11 § 3 repealed by 1991 sp.s. c 12 § 3);
1991 c 365 § 35; 1991 c 343 § 14; 1991 c 35 § 13; 1987 c 418
§ 1; 1985 c 13 § 5; 1984 c 230 § 83; 1981 c 256 § 4; 1979
ex.s. c 249 § 2; 1977 ex.s. c 294 § 17; 1974 ex.s. c 120 § 1;
1972 ex.s. c 131 § 1; 1971 ex.s. c 257 § 6; 1970 ex.s. c 6 § 1;
1969 ex.s. c 209 § 3.]
Intent—Conflict with federal requirements—Effective date—2010
1st sp.s. c 32: See notes following RCW 42.04.060.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
(2010 Ed.)
41.26.040
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Application—Retrospective application—1985 c 13:See
notes following RCW 41.04.445.
Purpose—1981 c 256: "It is the primary purpose of this act to assure
that the provisions of RCW 41.04.250 and 41.04.260 and of any deferred
compensation plan established thereunder, are in conformity with the
requirements of 26 U.S.C. Sec. 457 and any other requirements of federal
law relating to such a deferred compensation plan. This act shall be construed in such a manner as to accomplish this purpose." [1981 c 256 § 1.]
Purpose—1971 ex.s. c 257: "It is the purpose of this act to provide
minimum medical and health standards for membership coverage into the
Washington law enforcement officers’ and firefighters’ retirement system
act, for the improvement of the public service, and to safeguard the integrity
and actuarial soundness of their pension systems, and to improve their retirement and pension systems and related provisions." [1971 ex.s. c 257 § 1.]
Additional notes found at www.leg.wa.gov
41.26.033 Use of shared leave—Impact on calculation of service credit and final average salary. (1) A member in receipt of employer-authorized shared leave after June
10, 2010, shall receive the same treatment in respect to service credit and final average salary that the member would
normally receive if using accrued annual leave or sick leave.
(2) For purposes of this section shared leave includes,
but is not limited to:
(a) Direct transfers of annual leave, sick leave, or other
leave from one employee to another;
(b) Indirect transfers of annual leave, sick leave, or other
leave via leave banks or a similar pool of donated leave; or
(c) Shift trades or employees working shifts on behalf of
a member.
(3) Shared leave that has been reported to the department
prior to June 10, 2010, and for which contributions have been
made, remains creditable for service credit and final average
salary. [2010 c 50 § 1.]
41.26.033
41.26.035 "Minimum medical and health standards"
defined. The term "minimum medical and health standards"
means minimum medical and health standards adopted by the
department under this chapter. [1991 c 35 § 14; 1971 ex.s. c
257 § 2.]
41.26.035
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.040 System created—Membership—Funds.
The Washington law enforcement officers’ and firefighters’
retirement system is hereby created for firefighters and law
enforcement officers.
(1) Notwithstanding *RCW 41.26.030(8), all firefighters
and law enforcement officers employed as such on or after
March 1, 1970, on a full time fully compensated basis in this
state shall be members of the retirement system established
by this chapter with respect to all periods of service as such,
to the exclusion of any pension system existing under any
prior act.
(2) Any employee serving as a law enforcement officer
or firefighter on March 1, 1970, who is then making retirement contributions under any prior act shall have his membership transferred to the system established by this chapter
as of such date. Upon retirement for service or for disability,
41.26.040
[Title 41 RCW—page 127]
41.26.045
Title 41 RCW: Public Employment, Civil Service, and Pensions
or death, of any such employee, his retirement benefits
earned under this chapter shall be computed and paid. In
addition, his benefits under the prior retirement act to which
he was making contributions at the time of this transfer shall
be computed as if he had not transferred. For the purpose of
such computations, the employee’s creditability of service
and eligibility for service or disability retirement and survivor and all other benefits shall continue to be as provided in
such prior retirement act, as if transfer of membership had not
occurred. The excess, if any, of the benefits so computed,
giving full value to survivor benefits, over the benefits payable under this chapter shall be paid whether or not the
employee has made application under the prior act. If the
employee’s prior retirement system was the Washington public employees’ retirement system, payment of such excess
shall be made by that system; if the employee’s prior retirement system was the statewide city employees’ retirement
system, payment of such excess shall be made by the
employer which was the member’s employer when his transfer of membership occurred: PROVIDED, That any death in
line of duty lump sum benefit payment shall continue to be
the obligation of that system as provided in RCW 41.44.210;
in the case of all other prior retirement systems, payment of
such excess shall be made by the employer which was the
member’s employer when his transfer of membership
occurred.
(3) All funds held by any **firemen’s or policemen’s
relief and pension fund shall remain in that fund for the purpose of paying the obligations of the fund. The municipality
shall continue to levy the dollar rate as provided in RCW
41.16.060, and this dollar rate shall be used for the purpose of
paying the benefits provided in chapters 41.16 and 41.18
RCW. The obligations of chapter 41.20 RCW shall continue
to be paid from whatever financial sources the city has been
using for this purpose. [1991 c 35 § 15; 1989 c 273 § 11;
1979 ex.s. c 45 § 1; 1974 ex.s. c 120 § 7; 1973 1st ex.s. c 195
§ 44; 1970 ex.s. c 6 § 2; 1969 ex.s. c 209 § 4.]
Reviser’s note: *(1) RCW 41.26.030 was alphabetized pursuant to
RCW 1.08.015(2)(k), changing subsection (8) to subsection (20).
**(2) The "firemen’s relief and pension fund" was changed to the "firefighters’ relief and pension fund" by 2007 c 218 § 37.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.26.045 Minimum medical and health standards.
(1) Notwithstanding any other provision of law after February 19, 1974 no law enforcement officer or firefighter, may
become eligible for coverage in the pension system established by this chapter, until the individual has met and has
been certified as having met minimum medical and health
standards: PROVIDED, That an elected sheriff or an
appointed chief of police or fire chief, shall not be required to
meet the age standard: PROVIDED FURTHER, That in cities and towns having not more than two law enforcement
officers and/or not more than two firefighters and if one or
more of such persons do not meet the minimum medical and
health standards as required by the provisions of this chapter,
then such person or persons may join any other pension system that the city has available for its other employees: AND
PROVIDED FURTHER, That for one year after February 19,
1974 any such medical or health standard now existing or
41.26.045
[Title 41 RCW—page 128]
hereinafter adopted, insofar as it establishes a maximum age
beyond which an applicant is to be deemed ineligible for coverage, shall be waived as to any applicant for employment or
reemployment who is otherwise eligible except for his age,
who has been a member of any one or more of the retirement
systems created by chapter 41.20 of the Revised Code of
Washington and who has restored all contributions which he
has previously withdrawn from any such system or systems.
(2) This section shall not apply to persons who initially
establish membership in the retirement system on or after
July 1, 1979. [1979 ex.s. c 249 § 3; 1977 ex.s. c 294 § 20;
1974 ex.s. c 120 § 8; 1971 ex.s. c 257 § 3.]
Reviser’s note: "this 1971 act" [1971 ex.s. c 257] translated to "this
chapter." The act consists of RCW 41.16.146, 41.18.105, 41.26.035,
41.26.045, 41.26.046, 41.26.047, 41.26.270, 41.26.280, and 41.26.290, and
amendments to RCW 41.26.030, 41.26.050, 41.26.090, 41.26.100,
41.26.150, 41.26.160, 41.26.180, 41.26.200, 41.48.030, and 41.48.050.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
41.26.046
41.26.046 Minimum medical and health standards—
Board to adopt—Publication and distribution—
Employer certification procedures. By July 31, 1971, the
*retirement board shall adopt minimum medical and health
standards for membership coverage into the Washington law
enforcement officers’ and firefighters’ retirement system act.
In adopting such standards the *retirement board shall consider existing standards recommended by the international
association of chiefs of police and the international association of firefighters, and shall adopt equal or higher standards,
together with appropriate standards and procedures to insure
uniform compliance with this chapter. The standards when
adopted shall be published and distributed to each employer,
and each employer shall adopt certification procedures and
such other procedures as are required to insure that no law
enforcement officer or firefighter receives membership coverage unless and until he has actually met minimum medical
and health standards: PROVIDED, That an elected sheriff or
an appointed chief of police, fire chief, or director of public
safety shall not be required to meet the age standard. The
*retirement board may amend the minimum medical and
health standards as experience indicates, even if the standards
as so amended are lower or less rigid than those recommended by the international associations mentioned above.
The cost of the medical examination contemplated by this
section is to be paid by the employer. [1987 c 418 § 2; 1977
ex.s. c 294 § 21; 1974 ex.s. c 120 § 12; 1972 ex.s. c 131 § 2;
1971 ex.s. c 257 § 4.]
Reviser’s note: (1) "this 1971 act" [1971 ex.s. c 257] translated to "this
chapter." The act consists of RCW 41.16.146, 41.18.105, 41.26.035,
41.26.045, 41.26.046, 41.26.047, 41.26.270, 41.26.280, and 41.26.290, and
amendments to RCW 41.26.030, 41.26.050, 41.26.090, 41.26.100,
41.26.150, 41.26.160, 41.26.180, 41.26.200, 41.48.030, and 41.48.050.
*(2) Powers, duties, and functions of the Washington law enforcement
officers’ and firefighters’ retirement board were transferred to the director of
retirement systems by RCW 41.26.051, which has been decodified. See
Table of Disposition of Former RCW Sections, Volume 0.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
41.26.047 Minimum medical and health standards—
Exemptions—Employer may adopt higher standards.
Nothing in RCW 41.26.035, 41.26.045 and 41.26.046 shall
apply to any firefighters or law enforcement officers who are
employed as such on or before August 1, 1971, as long as
they continue in such employment; nor to promotional
appointments after becoming a member in the police or fire
department of any employer nor to the reemployment of a
law enforcement officer or firefighter by the same or a different employer within six months after the termination of his
employment, nor to the reinstatement of a law enforcement
officer or firefighter who has been on military or disability
leave, disability retirement status, or leave of absence status.
Nothing in this chapter shall be deemed to prevent any
employer from adopting higher medical and health standards
than those which are adopted by the *retirement board.
[1972 ex.s. c 131 § 3; 1971 ex.s. c 257 § 5.]
41.26.047
Reviser’s note: (1) "this act" [1971 ex.s. c 257] translated to "this chapter." The act consists of RCW 41.16.146, 41.18.105, 41.26.035, 41.26.045,
41.26.046, 41.26.047, 41.26.270, 41.26.280, and 41.26.290, and amendments to RCW 41.26.030, 41.26.050, 41.26.090, 41.26.100, 41.26.150,
41.26.160, 41.26.180, 41.26.200, 41.48.030, and 41.48.050.
*(2) Powers, duties, and functions of the Washington law enforcement
officers’ and firefighters’ retirement board were transferred to the director of
retirement systems by RCW 41.26.051, which has been decodified. See
Table of Disposition of Former RCW Sections, Volume 0.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
41.26.048
41.26.048 Special death benefit—Death in the course
of employment—Death from disease or infection arising
from employment—Annual adjustment. (1) A two hundred fourteen thousand dollar death benefit shall be paid to
the member’s estate, or such person or persons, trust or organization as the member shall have nominated by written designation duly executed and filed with the department. If there
be no such designated person or persons still living at the
time of the member’s death, such member’s death benefit
shall be paid to the member’s surviving spouse or domestic
partner as if in fact such spouse or domestic partner had been
nominated by written designation, or if there be no such surviving spouse or domestic partner, then to such member’s
legal representatives.
(2) The benefit under this section shall be paid only
when death occurs: (a) As a result of injuries sustained in the
course of employment; or (b) as a result of an occupational
disease or infection that arises naturally and proximately out
of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with
Title 51 RCW by the department of labor and industries. The
department of labor and industries shall notify the department
of retirement systems by order under RCW 51.52.050.
(3)(a) Beginning July 1, 2010, and every year thereafter,
the department shall determine the following information:
(i) The index for the 2008 calendar year, to be known as
"index A;"
(ii) The index for the calendar year prior to the date of
determination, to be known as "index B;" and
(iii) The ratio obtained when index B is divided by index
A.
(2010 Ed.)
41.26.053
(b) The value of the ratio obtained shall be the annual
adjustment to the original death benefit and shall be applied
beginning every July 1st. In no event, however, shall the
annual adjustment:
(i) Produce a benefit which is lower than two hundred
fourteen thousand dollars;
(ii) Exceed three percent in the initial annual adjustment;
or
(iii) Differ from the previous year’s annual adjustment
by more than three percent.
(c) For the purposes of this section, "index" means, for
any calendar year, that year’s average consumer price index
— Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor. [2010 c 261 § 2; 2009
c 523 § 4; 2007 c 487 § 2; 2006 c 351 § 1; 1996 c 226 § 1.]
Application—2010 c 261: "Sections 2 and 7 of this act apply to the
benefits of all members killed in the course of employment since January 1,
2009." [2010 c 261 § 9.]
Additional notes found at www.leg.wa.gov
41.26.053 Exemption from judicial process, taxes—
Exceptions—Deduction for insurance upon request. (1)
Subject to subsections (2) and (3) of this section, the right of
a person to a retirement allowance, disability allowance, or
death benefit, to the return of accumulated contributions, the
retirement, disability or death allowance itself, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the moneys in the
fund created under this chapter, are hereby exempt from any
state, county, municipal, or other local tax and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or any other process of law
whatsoever, and shall be unassignable.
(2) On the written request of any person eligible to
receive benefits under this section, the department may
deduct from such payments the premiums for life, health, or
other insurance. The request on behalf of any child or children shall be made by the legal guardian of such child or children. The department may provide for such persons one or
more plans of group insurance, through contracts with regularly constituted insurance carriers or health care service contractors.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined
in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law. [1991 c 365 § 20;
1991 c 35 § 25; 1989 c 360 § 24; 1987 c 326 § 22; 1979 ex.s.
c 205 § 4; 1971 ex.s. c 257 § 12; 1970 ex.s. c 6 § 15; 1969
ex.s. c 209 § 23. Formerly RCW 41.26.180.]
41.26.053
Reviser’s note: This section was amended by 1991 c 35 § 25 and by
1991 c 365 § 20, each without reference to the other. Both amendments are
[Title 41 RCW—page 129]
41.26.056
Title 41 RCW: Public Employment, Civil Service, and Pensions
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
41.26.056 No bond required on appeal to court. No
bond of any kind shall be required of a claimant appealing to
the superior court, the court of appeals, or the supreme court
from a decision of the director affecting such claimant’s right
to retirement or disability benefits. [1984 c 184 § 18; 1971 c
81 § 103; 1969 ex.s. c 209 § 21. Formerly RCW 41.26.230.]
41.26.056
Additional notes found at www.leg.wa.gov
41.26.057 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 1.]
41.26.057
41.26.059 Establishing, restoring service credit. Notwithstanding any provision to the contrary, persons who fail
to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 1.]
41.26.059
41.26.061 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.26.120, 41.26.125, 41.26.130, or 41.26.470 if
the disability is the result of criminal conduct by the member
committed after April 21, 1997. [1997 c 103 § 1.]
41.26.061
Additional notes found at www.leg.wa.gov
41.26.062 Falsification—Penalty. Any employer,
member or beneficiary who shall knowingly make false statements or shall falsify or permit to be falsified any record or
records of the retirement system in an attempt to defraud the
retirement system, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 217; 1972
ex.s. c 131 § 10. Formerly RCW 41.26.300.]
41.26.062
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
"PLAN 1"
41.26.075 Provisions applicable to plan 1. RCW
41.26.080 through 41.26.3903 shall apply only to members
of plan 1. [1992 c 72 § 3; 1991 c 35 § 101.]
41.26.075
Intent—1991 c 35: See note following RCW 41.26.005.
[Title 41 RCW—page 130]
41.26.080 Funding total liability of plan 1 system. (1)
Except as set forth under subsection (2) of this section, the
total liability of the plan 1 system shall be funded as follows:
(a) Every plan 1 member shall have deducted from each
payroll a sum equal to six percent of his or her basic salary for
each pay period.
(b) Every employer shall contribute monthly a sum equal
to six percent of the basic salary of each plan 1 employee who
is a member of this retirement system. The employer shall
transmit the employee and employer contributions with a
copy of the payroll to the retirement system monthly.
(c) The remaining liabilities of the plan 1 system shall be
funded as provided in chapter 41.45 RCW.
(d) Every member shall be deemed to consent and agree
to the contribution made and provided for herein, and shall
receipt in full for his or her salary or compensation. Payment
less said contributions shall be a complete discharge of all
claims and demands whatsoever for the services rendered by
such person during the period covered by such payments,
except his or her claim to the benefits to which he or she may
be entitled under the provisions of this chapter.
(2) No employer or member contribution is required
after June 30, 2000, unless the most recent valuation study for
law enforcement officers’ and firefighters’ retirement system
plan 1 indicates the plan has unfunded liabilities. The legislature clarifies the enactment of section 907, chapter 1, Laws
of 2000 2nd sp. sess. and affirms the suspension of employer
and member contributions to plan 1 of the law enforcement
officers’ and firefighters’ retirement system, effective June
30, 2000, as provided in this subsection. The legislature
intends this 2007 amendment of this subsection to be curative, remedial, and retrospectively applicable to June 30,
2000. [2007 c 492 § 8; 2000 2nd sp.s. c 1 § 907; 1991 c 35 §
17; 1989 c 273 § 13; 1969 ex.s. c 209 § 8.]
41.26.080
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.26.090 Retirement for service. Retirement of a
member for service shall be made by the department as follows:
(1) Any member having five or more service credit years
of service and having attained the age of fifty years shall be
eligible for a service retirement allowance and shall be retired
upon the member’s written request effective the first day following the date upon which the member is separated from
service.
(2) Any member having five or more service credit years
of service, who terminates his or her employment with any
employer, may leave his or her contributions in the fund. Any
employee who so elects, upon attaining age fifty, shall be eligible to apply for and receive a service retirement allowance
based on his or her years of service, commencing on the first
day following his or her attainment of age fifty.
(3) Any member selecting optional vesting under subsection (2) of this section with less than twenty service credit
years of service shall not be covered by the provisions of
RCW 41.26.150, and the member’s survivors shall not be
entitled to the benefits of RCW 41.26.160 unless his or her
death occurs after he or she has attained the age of fifty years.
41.26.090
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
Those members selecting this optional vesting with twenty or
more years service shall not be covered by the provisions of
RCW 41.26.150 until the attainment of the age of fifty years.
A member selecting this optional vesting, with less than
twenty service credit years of service credit, who dies prior to
attaining the age of fifty years, shall have paid from the
Washington law enforcement officers’ and firefighters’
retirement fund, to such member’s surviving spouse, if any,
otherwise to such beneficiary as the member shall have designated in writing, or if no such designation has been made,
to the personal representative of his or her estate, a lump sum
which is equal to the amount of such member’s accumulated
contributions plus accrued interest. If the vested member has
twenty or more service credit years of service credit the surviving spouse or children shall then become eligible for the
benefits of RCW 41.26.160 regardless of the member’s age at
the time of his or her death, to the exclusion of the lump sum
amount provided by this subsection.
(4) Any member who has attained the age of sixty years
shall be retired on the first day of the calendar month next
succeeding that in which said member shall have attained the
age of sixty and may not thereafter be employed as a law
enforcement officer or firefighter: PROVIDED, That for any
member who is elected or appointed to the office of sheriff,
chief of police, or fire chief, his or her election or appointment shall be considered as a waiver of the age sixty provision for retirement and nonemployment for whatever number
of years remain in his or her present term of office and any
succeeding periods for which he or she may be so elected or
appointed. The provisions of this subsection shall not apply
to any member who is employed as a law enforcement officer
or firefighter on March 1, 1970. [1991 sp.s. c 11 § 4. Prior:
1991 c 343 § 15; 1991 c 35 § 18; 1977 ex.s. c 294 § 22; 1972
ex.s. c 131 § 6; 1971 ex.s. c 257 § 8; 1970 ex.s. c 6 § 4; 1969
ex.s. c 209 § 9.]
Purpose—1991 sp.s. c 11: "The purpose of this act is to correct certain
double amendments created during the 1991 regular session that the code
reviser’s office is unable to merge under RCW 1.12.025. The session laws
repealed by section 2 of this act are strictly technical in nature and affect no
policy. Sections *3 through 6 of this act are being reenacted to effectuate a
legislative directive contained in 1991 c 35 s 2." [1991 sp.s. c 11 § 1.]
*Reviser’s note: 1991 sp.s. c 11 § 3 was repealed by 1991 sp.s. c 12 §
3.
*Reviser’s note: 1991 sp.s. c 11 § 3 was repealed by 1991 sp.s. c 12 §
3.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
41.26.100 Allowance on retirement for service. A
member upon retirement for service shall receive a monthly
retirement allowance computed according to his or her completed creditable service credit years of service as follows:
Five years but under ten years, one-twelfth of one percent of
his or her final average salary for each month of service; ten
years but under twenty years, one-twelfth of one and one-half
percent of his or her final average salary for each month of
service; and twenty years and over one-twelfth of two percent
of his or her final average salary for each month of service:
41.26.100
(2010 Ed.)
41.26.110
PROVIDED, That the recipient of a retirement allowance
who shall return to service as a law enforcement officer or
firefighter shall be considered to have terminated his or her
retirement status and he or she shall immediately become a
member of the retirement system with the status of membership he or she had as of the date of retirement. Retirement
benefits shall be suspended during the period of his or her
return to service and he or she shall make contributions and
receive service credit. Such a member shall have the right to
again retire at any time and his or her retirement allowance
shall be recomputed, and paid, based upon additional service
rendered and any change in final average salary. [2006 c 350
§ 1; 1991 c 343 § 16; 1974 ex.s. c 120 § 3; 1972 ex.s. c 131 §
7; 1971 ex.s. c 257 § 9; 1970 ex.s. c 6 § 5; 1969 ex.s. c 209 §
10.]
Effective date—2006 c 350 § 1: "Section 1 of this act takes effect July
1, 2006." [2006 c 350 § 3.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
41.26.110 City and county disability boards authorized—Composition—Terms—Reimbursement for
travel expenses—Duties. (1) All claims for disability shall
be acted upon and either approved or disapproved by either
type of disability board authorized to be created in this section.
(a) Each city having a population of twenty thousand or
more shall establish a disability board having jurisdiction
over all members employed by those cities and composed of
the following five members: Two members of the city legislative body to be appointed by the mayor; one active or
retired firefighter employed by or retired from the city to be
elected by the firefighters employed by or retired from the
city who are subject to the jurisdiction of the board; one
active or retired law enforcement officer employed by or
retired from the city to be elected by the law enforcement
officers employed by or retired from the city who are subject
to the jurisdiction of the board; and one member from the
public at large who resides within the city to be appointed by
the other four members designated in this subsection. Only
those active or retired firefighters and law enforcement officers who are subject to the jurisdiction of the board have the
right to elect under this section. All firefighters and law
enforcement officers employed by or retired from the city are
eligible for election. Each of the elected members shall serve
a two year term. The members appointed pursuant to this
subsection shall serve for two year terms: PROVIDED, That
cities of the first class only, shall retain existing *firemen’s
pension boards established pursuant to RCW 41.16.020 and
existing boards of trustees of the relief and pension fund of
the police department as established pursuant to RCW
41.20.010 which such boards shall have authority to act upon
and approve or disapprove claims for disability by firefighters or law enforcement officers as provided under the Washington law enforcement officers’ and firefighters’ retirement
system act.
(b) Each county shall establish a disability board having
jurisdiction over all members employed by or retired from an
41.26.110
[Title 41 RCW—page 131]
41.26.115
Title 41 RCW: Public Employment, Civil Service, and Pensions
employer within the county and not employed by a city in
which a disability board is established. The county disability
board so created shall be composed of five members to be
chosen as follows: One member of the legislative body of the
county to be appointed by the county legislative body; one
member of a city or town legislative body located within the
county which does not contain a city disability board established pursuant to subsection (1)(a) of this section to be chosen by a majority of the mayors of such cities and towns
within the county which does not contain a city disability
board; one active firefighter or retired firefighter employed
by or retired from an employer within the county to be
elected by the firefighters employed or retired from an
employer within the county who are not employed by or
retired from a city in which a disability board is established
and who are subject to the jurisdiction of that board; one law
enforcement officer or retired law enforcement officer
employed by or retired from an employer within the county to
be elected by the law enforcement officers employed in or
retired from an employer within the county who are not
employed by or retired from a city in which a disability board
is established and who are subject to the jurisdiction of that
board; and one member from the public at large who resides
within the county but does not reside within a city in which a
city disability board is established, to be appointed by the
other four members designated in this subsection. However,
in counties with a population less than sixty thousand, the
member of the disability board appointed by a majority of the
mayors of the cities and towns within the county that do not
contain a city disability board must be a resident of one of the
cities and towns but need not be a member of a city or town
legislative body. Only those active or retired firefighters and
law enforcement officers who are subject to the jurisdiction
of the board have the right to elect under this section. All
firefighters and law enforcement officers employed by or
retired from an employer within the county who are not
employed by or retired from a city in which a disability board
is established are eligible for election. All members
appointed or elected pursuant to this subsection shall serve
for two year terms. If there are no firefighters under the jurisdiction of the board eligible to vote, a second eligible
employee representative shall be elected by the law enforcement officers eligible to vote. If there are no law enforcement
officers under the jurisdiction of the board eligible to vote, a
second eligible representative shall be elected by the firefighters eligible to vote.
(2) The members of both the county and city disability
boards shall not receive compensation for their service upon
the boards but the members shall be reimbursed by their
respective county or city for all expenses incidental to such
service as to the amount authorized by law.
(3) The disability boards authorized for establishment by
this section shall perform all functions, exercise all powers,
and make all such determinations as specified in this chapter.
[2005 c 66 § 1; 2003 c 30 § 3; 2000 c 234 § 1; 1988 c 164 §
1; 1982 c 12 § 1; 1974 ex.s. c 120 § 9; 1970 ex.s. c 6 § 6; 1969
ex.s. c 219 § 3; 1969 ex.s. c 209 § 11.]
*Reviser’s note: The "firemen’s pension board" was changed to the
"firefighters’ pension board" by chapter 218, Laws of 2007.
Effective date—2005 c 66: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 41 RCW—page 132]
ernment and its existing public institutions, and takes effect immediately
[April 15, 2005]." [2005 c 66 § 2.]
Additional notes found at www.leg.wa.gov
41.26.115 Director of retirement systems to adopt
rules governing disability boards—Remand of orders not
in accordance with rules. (1) The director of retirement systems shall adopt rules, in accordance with chapter 34.05
RCW, under which each disability board shall execute its disability retirement duties under this chapter. The rules shall
include, but not be limited to, the following:
(a) Standards governing the type and manner of presentation of medical, employability, and other evidence before
disability boards; and
(b) Standards governing the necessity and frequency of
medical and employability reexaminations of persons receiving disability benefits.
(2) If the director determines that an order or determination of a disability board was not processed in accordance
with the rules established under this section, the director may
remand the order or determination for further proceedings
consistent with the rules. [1981 c 294 § 1.]
41.26.115
Additional notes found at www.leg.wa.gov
41.26.120 Retirement for disability incurred in the
line of duty. Any member, regardless of age or years of service may be retired by the disability board, subject to
approval by the director as hereinafter provided, for any disability incurred in the line of duty which has been continuous
since his or her discontinuance of service and which renders
the member unable to continue service. No disability retirement allowance shall be paid until the expiration of a period
of six months after the discontinuance of service during
which period the member, if found to be physically or mentally unfit for duty by the disability board following receipt of
his or her application for disability retirement, shall be
granted a disability leave by the disability board and shall
receive an allowance equal to the full monthly salary and
shall continue to receive all other benefits provided to active
employees from the employer for such period. However, if, at
any time during the initial six-month period, the disability
board finds the beneficiary is no longer disabled, the disability leave allowance shall be canceled and the member shall be
restored to duty in the same rank or position, if any, held by
the beneficiary at the time the member became disabled.
Applications for disability retirement shall be processed in
accordance with the following procedures:
(1) Any member who believes he or she is or is believed
to be physically or mentally disabled shall be examined by
such medical authority as the disability board shall employ,
upon application of said member, or a person acting in his or
her behalf, stating that said member is disabled, either physically or mentally: PROVIDED, That no such application
shall be considered unless said member or someone in his or
her behalf, in case of the incapacity of a member, shall have
filed the application within a period of one year from and
after the discontinuance of service of said member.
(2) If the examination shows, to the satisfaction of the
disability board, that the member is physically or mentally
disabled from the further performance of duty, that such disability was incurred in the line of duty, and that such disabil41.26.120
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
ity has been continuous from the discontinuance of service,
the disability board shall enter its written decision and order,
accompanied by appropriate findings of fact and by conclusions evidencing compliance with this chapter as now or
hereafter amended, granting the member a disability retirement allowance; otherwise, if the member is not found by the
disability board to be so disabled, the application shall be
denied pursuant to a similar written decision and order, subject to appeal to the director in accordance with RCW
41.26.200: PROVIDED, That in any order granting a duty
disability retirement allowance, the disability board shall
make a finding that the disability was incurred in line of duty.
(3) Every order of a disability board granting a duty disability retirement allowance shall forthwith be reviewed by
the director except the finding that the disability was incurred
in the line of duty. The director may affirm the decision of the
disability board or remand the case for further proceedings,
or the director may reverse the decision of the disability
board if the director finds the disability board’s findings,
inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(4) Every member who can establish, to the disability
board, that he or she is physically or mentally disabled from
the further performance of duty, that such disability was
incurred in the line of duty, and that such disability will be in
existence for a period of at least six months may waive the
six-month period of disability leave and be immediately
granted a duty disability retirement allowance, subject to the
approval of the director as provided in subsection (3) of this
section. [1991 c 35 § 19; 1986 c 176 § 5; 1985 c 102 § 2;
1981 c 294 § 2; 1974 ex.s. c 120 § 10; 1972 ex.s. c 131 § 8;
1970 ex.s. c 6 § 7; 1969 ex.s. c 209 § 12.]
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—1985 c 102: "As expressed in RCW 41.26.270, the intent of
the legislature in enacting the law enforcement officers’ and firefighters’
retirement system was to provide in RCW 41.26.120 a statute in the nature of
a workers’ compensation act which provides compensation to employees for
personal injuries or sickness incurred in the course of employment. The sole
purpose of this 1985 act is to clarify that intent." [1985 c 102 § 1.]
Disability leave supplement for law enforcement officers and firefighters:
RCW 41.04.500 through 41.04.550.
Additional notes found at www.leg.wa.gov
41.26.125 Retirement for disability not incurred in
the line of duty. Any member, regardless of age or years of
service, may be retired by the disability board, subject to
approval by the director as provided in this section, for any
disability not incurred in the line of duty which has been continuous since discontinuance of service and which renders the
member unable to continue service. No disability retirement
allowance may be paid until the expiration of a period of six
months after the discontinuance of service during which
period the member, if found to be physically or mentally unfit
for duty by the disability board following receipt of the mem41.26.125
(2010 Ed.)
41.26.125
ber’s application for disability retirement, shall be granted a
disability leave by the disability board and shall receive an
allowance equal to the member’s full monthly salary and
shall continue to receive all other benefits provided to active
employees from the member’s employer for the period. However, if, at any time during the initial six-month period, the
disability board finds the beneficiary is no longer disabled,
the disability leave allowance shall be canceled and the member shall be restored to duty in the same rank or position, if
any, held by the member at the time the member became disabled. Applications for disability retirement shall be processed in accordance with the following procedures:
(1) Any member who believes he or she is, or is believed
to be, physically or mentally disabled shall be examined by
such medical authority as the disability board shall employ,
upon application of the member, or a person acting in the
member’s behalf, stating that the member is disabled, either
physically or mentally: PROVIDED, That no such application shall be considered unless the member or someone acting in the member’s behalf, in case of the incapacity of a
member, has filed the application within a period of one year
from and after the discontinuance of service of the member.
(2) If the examination shows, to the satisfaction of the
disability board, that the member is physically or mentally
disabled from the further performance of duty, that such disability was not incurred in the line of duty, and that such disability had been continuous from the discontinuance of service, the disability board shall enter its written decision and
order, accompanied by appropriate findings of fact and by
conclusions evidencing compliance with this chapter, granting the member a disability retirement allowance. Otherwise,
if the member is not found by the disability board to be so disabled, the application shall be denied pursuant to a similar
written decision and order, subject to appeal to the director in
accordance with RCW 41.26.200: PROVIDED, That in any
order granting a nonduty disability retirement allowance, the
disability board shall make a finding that the disability was
not incurred in the line of duty.
(3) Every order of a disability board granting a nonduty
disability retirement allowance shall forthwith be reviewed
by the director except the finding that the disability was not
incurred in the line of duty. The director may affirm the decision of the disability board or remand the case for further proceedings, or the director may reverse the decision of the disability board if the director finds the disability board’s findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(4) Every member who can establish to the disability
board that the member is physically or mentally disabled
from the further performance of duty, that such disability was
not incurred in the line of duty, and that such disability will
be in existence for a period of at least six months, may waive
the six-month period of disability leave and be immediately
granted a nonduty disability retirement allowance, subject to
[Title 41 RCW—page 133]
41.26.130
Title 41 RCW: Public Employment, Civil Service, and Pensions
the approval of the director as provided in subsection (3) of
this section. [1986 c 176 § 6; 1985 c 102 § 3.]
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
41.26.130 Allowance on retirement for disability. (1)
Upon retirement for disability a member shall be entitled to
receive a monthly retirement allowance computed as follows:
(a) A basic amount of fifty percent of final average salary at
time of disability retirement, and (b) an additional five percent of final average salary for each child as defined in
*RCW 41.26.030(7), (c) the combined total of (a) and (b) of
this subsection shall not exceed a maximum of sixty percent
of final average salary.
(2) A disabled member shall begin receiving the disability retirement allowance as of the expiration of his or her six
month period of disability leave or, if his or her application
was filed after the sixth month of discontinuance of service
but prior to the one year time limit, the member’s disability
retirement allowance shall be retroactive to the end of the
sixth month.
(3) Benefits under this section will be payable until the
member recovers from the disability or dies. If at the time that
the disability ceases the member is over the age of fifty, he or
she shall then receive either disability retirement allowance
or retirement for service allowance, whichever is greater.
(4) Benefits under this section for a disability that is
incurred while in other employment will be reduced by any
amount the member receives or is entitled to receive from
workers’ compensation, social security, group insurance,
other pension plan, or any other similar source provided by
another employer on account of the same disability.
(5) A member retired for disability shall be subject to
periodic examinations by a physician approved by the disability board prior to attainment of age fifty, pursuant to rules
adopted by the director under RCW 41.26.115. Examinations
of members who retired for disability prior to July 26, 1981,
shall not exceed two medical examinations per year. [1991 c
35 § 20; 1987 c 185 § 11; 1981 c 294 § 3; 1970 ex.s. c 6 § 8;
1969 ex.s. c 209 § 13.]
41.26.130
*Reviser’s note: RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (7) to subsection (6).
Intent—1991 c 35: See note following RCW 41.26.005.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Additional notes found at www.leg.wa.gov
41.26.135 Cessation of disability—Determination.
(1) A disabled member who believes that his or her disability
has ceased in accordance with RCW 41.26.130(3) may make
application to the disability board which originally found the
member to be disabled, for a determination that the disability
has ceased.
(2) Every order of a disability board determining that a
memb er’s d isab ilit y h as ceas ed p u rs uan t to R CW
41.26.130(3) shall forthwith be reviewed by the director. The
director may affirm the decision of the disability board or
remand the case for further proceedings if the director finds
the disability board’s findings, inferences, conclusions, or
decisions are:
(a) In violation of constitutional provisions; or
41.26.135
[Title 41 RCW—page 134]
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(3) Determinations of whether a disability has ceased
under RCW 41.26.130(3) and this section shall be made in
accordance with the same procedures and standards governing other cancellations of disability retirement. [1985 c 103
§ 1.]
41.26.140 Reexaminations of disability beneficiaries—Reentry—Appeal. (1) Upon the basis of reexaminations of members on disability retirement as provided in
RCW 41.26.130, the disability board shall determine whether
such disability beneficiary is still unable to perform his or her
duties either physically or mentally for service in the department where he or she was employed.
(2) If the disability board shall determine that the beneficiary is not so incapacitated the retirement allowance shall be
canceled and the member shall be restored to duty in the same
civil service rank, if any, held by the beneficiary at the time
of his or her retirement or if unable to perform the duties of
said rank, then, at his or her request, in such other like or
lesser rank as may be or become open and available, the
duties of which he or she is then able to perform. In no event,
shall a beneficiary previously drawing a disability allowance
be returned or be restored to duty at a salary or rate of pay less
than the current salary attached to the rank or position held by
the said beneficiary at the date of retirement for disability. If
the disability board determines that the beneficiary is able to
return to service he or she shall be entitled to notice and a
hearing, both the notice and the hearing shall comply with the
requirements of chapter 34.05 RCW, as now or hereafter
amended.
(3) Should a disability beneficiary reenter service and be
eligible for membership in the retirement system, the retirement allowance shall be canceled and he or she shall immediately become a member of the retirement system.
(4) Should any disability beneficiary under age fifty
refuse to submit to examination, the retirement allowance
shall be discontinued until withdrawal of such refusal, and
should such refusal continue for one year or more, the retirement allowance shall be canceled.
(5) Should the disability retirement allowance of any disability beneficiary be canceled for any cause other than reentrance into service or retirement for service, he or she shall be
paid the excess, if any, of the accumulated contributions at
the time of retirement over all payments made on his or her
behalf under this chapter.
(6) Any person feeling aggrieved by an order of a disability board determining that a beneficiary’s disability has
not ceased, pursuant to RCW 41.26.130(3) has the right to
appeal the order or determination to the director. The director
shall have no jurisdiction to entertain the appeal unless a
notice of appeal is filed with the director within thirty days
following the rendition of the order by the disability board. A
copy of the notice of appeal shall be served upon the director
and the applicable disability board and, within ninety days
41.26.140
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
thereof, the disability board shall certify its decision and
order which shall include findings of fact and conclusions of
law, together with a transcript of all proceedings in connection therewith, to the director for review. Upon review of the
record, the director may affirm the order of the disability
board or may remand the case for further proceedings if the
director finds that the disability board’s findings, inferences,
conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious. [1991 c 35 § 21; 1985 c 103
§ 2; 1981 c 294 § 4; 1974 ex.s. c 120 § 4; 1970 ex.s. c 6 § 9;
1969 ex.s. c 209 § 14.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.26.150 Sickness or disability benefits—Medical
services. (1) Whenever any active member, or any member
hereafter retired, on account of service, sickness, or disability, not caused or brought on by dissipation or abuse, of
which the disability board shall be judge, is confined in any
hospital or in home, and whether or not so confined, requires
medical services, the employer shall pay for the active or
retired member the necessary medical services not payable
from some other source as provided for in subsection (2) of
this section. In the case of active or retired firefighters the
employer may make the payments provided for in this section
from the *firemen’s pension fund established pursuant to
RCW 41.16.050 where the fund had been established prior to
March 1, 1970. If this pension fund is depleted, the employer
shall have the obligation to pay all benefits payable under
chapters 41.16 and 41.18 RCW.
(a) The disability board in all cases may have the active
or retired member suffering from such sickness or disability
examined at any time by a licensed physician or physicians,
to be appointed by the disability board, for the purpose of
ascertaining the nature and extent of the sickness or disability, the physician or physicians to report to the disability
board the result of the examination within three days thereafter. Any active or retired member who refuses to submit to
such examination or examinations shall forfeit all rights to
benefits under this section for the period of the refusal.
(b) The disability board shall designate the medical services available to any sick or disabled member.
(2) The medical services payable under this section will
be reduced by any amount received or eligible to be received
by the member under workers’ compensation, social security
including the changes incorporated under Public Law 89-97,
insurance provided by another employer, other pension plan,
or any other similar source. Failure to apply for coverage if
otherwise eligible under the provisions of Public Law 89-97
shall not be deemed a refusal of payment of benefits thereby
enabling collection of charges under the provisions of this
chapter.
41.26.150
(2010 Ed.)
41.26.160
(3) Upon making the payments provided for in subsection (1) of this section, the employer shall be subrogated to all
rights of the member against any third party who may be held
liable for the member’s injuries or for payment of the cost of
medical services in connection with a member’s sickness or
disability to the extent necessary to recover the amount of
payments made by the employer.
(4) Any employer under this chapter, either singly, or
jointly with any other such employer or employers through
an association thereof as provided for in chapter 48.21 RCW,
may provide for all or part of one or more plans of group hospitalization and medical aid insurance to cover any of its
employees who are members of the Washington law enforcement officers’ and firefighters’ retirement system, and/ or
retired former employees who were, before retirement, members of the retirement system, through contracts with regularly constituted insurance carriers, with health maintenance
organizations as defined in chapter 48.46 RCW, or with
health care service contractors as defined in chapter 48.44
RCW. Benefits payable under any the [under the] plan or
plans shall be deemed to be amounts received or eligible to be
received by the active or retired member under subsection (2)
of this section.
(5) Any employer under this chapter may, at its discretion, elect to reimburse a retired former employee under this
chapter for premiums the retired former employee has paid
for medical insurance that supplements medicare, including
premiums the retired former employee has paid for medicare
part B coverage. [1992 c 22 § 3; 1991 c 35 § 22; 1987 c 185
§ 12; 1983 c 106 § 23; 1974 ex.s. c 120 § 11; 1971 ex.s. c 257
§ 10; 1970 ex.s. c 6 § 10; 1969 ex.s. c 219 § 4; 1969 ex.s. c
209 § 15.]
*Reviser’s note: The "firemen’s pension fund" was changed to the
"firefighters’ pension fund" by 2007 c 218 § 22.
Intent—1991 c 35: See note following RCW 41.26.005.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
41.26.160 Death benefits—Duty or military service
connected. (1) In the event of the duty connected death of
any member who is in active service, or who has vested under
the provisions of RCW 41.26.090 with twenty or more service credit years of service, or who is on duty connected disability leave or retired for duty connected disability, or upon
the death of a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, the surviving spouse shall become entitled,
subject to RCW 41.26.162, to receive a monthly allowance
equal to fifty percent of the final average salary at the date of
death if active, or the amount of retirement allowance the
vested member would have received at age fifty, or the
amount of the retirement allowance such retired member was
receiving at the time of death if retired for duty connected
disability. The amount of this allowance will be increased
five percent of final average salary for each child as defined
in *RCW 41.26.030(7), subject to a maximum combined
41.26.160
[Title 41 RCW—page 135]
41.26.161
Title 41 RCW: Public Employment, Civil Service, and Pensions
allowance of sixty percent of final average salary: PROVIDED, That if the child or children is or are in the care of a
legal guardian, payment of the increase attributable to each
child will be made to the child’s legal guardian or, in the
absence of a legal guardian and if the member has created a
trust for the benefit of the child or children, payment of the
increase attributable to each child will be made to the trust.
(2) If at the time of the duty connected death of a vested
member with twenty or more service credit years of service
as provided in subsection (1) of this section or a member
retired for duty connected disability, or at the time of the
death of a member who has left the employ of an employer
due to service in the national guard or military reserves and
dies while honorably serving in the national guard or military
reserves during a period of war as defined in RCW
41.04.005, the surviving spouse has not been lawfully married to such member for one year prior to retirement or separation from service if a vested member, the surviving spouse
shall not be eligible to receive the benefits under this section:
PROVIDED, That if a member dies as a result of a disability
incurred in the line of duty or while honorably serving in the
national guard or military reserves during a period of war as
defined in RCW 41.04.005, then if he or she was married at
the time he or she was disabled or left the employ of an
employer due to service in the national guard or military
reserves during a period of war as defined in RCW
41.04.005, the surviving spouse shall be eligible to receive
the benefits under this section.
(3) If there be no surviving spouse eligible to receive
benefits at the time of such member’s duty connected death,
then the child or children of such member shall receive a
monthly allowance equal to thirty percent of final average
salary for one child and an additional ten percent for each
additional child subject to a maximum combined payment,
under this subsection, of sixty percent of final average salary.
When there cease to be any eligible children as defined in
*RCW 41.26.030(7), there shall be paid to the legal heirs of
the member the excess, if any, of accumulated contributions
of the member at the time of death over all payments made to
survivors on his or her behalf under this chapter: PROVIDED, That payments under this subsection to children
shall be prorated equally among the children, if more than
one. If the member has created a trust for the benefit of the
child or children, the payment shall be made to the trust.
(4) In the event that there is no surviving spouse eligible
to receive benefits under this section, and that there be no
child or children eligible to receive benefits under this section, then the accumulated contributions shall be paid to the
estate of the member.
(5) If a surviving spouse receiving benefits under this
section remarries after June 13, 2002, the surviving spouse
shall continue to receive the benefits under this section.
(6) If a surviving spouse receiving benefits under the
provisions of this section thereafter dies and there are children as defined in *RCW 41.26.030(7), payment to the
spouse shall cease and the child or children shall receive the
benefits as provided in subsection (3) of this section.
(7) The payment provided by this section shall become
due the day following the date of death and payments shall be
retroactive to that date. [2009 c 226 § 1; 2005 c 62 § 1; 2002
c 158 § 1; 1999 c 134 § 2; 1991 sp.s. c 11 § 5. Prior: 1991 c
[Title 41 RCW—page 136]
343 § 17; 1991 c 35 § 23; 1986 c 176 § 7; 1977 ex.s. c 294 §
23; 1974 ex.s. c 120 § 5; 1972 ex.s. c 131 § 9; 1971 ex.s. c
257 § 11; 1970 ex.s. c 6 § 12; 1969 ex.s. c 209 § 17.]
*Reviser’s note: RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (7) to subsection (6).
Purpose—1999 c 134: "The purpose of sections 1 through 4 of this act
is to clarify that the intent of the legislature in enacting RCW 41.26.160,
insofar as that section provides benefits to members or surviving spouses for
deaths incurred in the line of duty, was to provide a statute in the nature of a
workers’ compensation act that provides compensation to employees or surviving spouses for personal injuries or deaths incurred in the course of
employment. Accordingly, this act amends and divides RCW 41.26.160 into
two separate sections. Section 2 of this act clarifies and emphasizes the legislature’s intent that the death benefits granted by RCW 41.26.160, as
amended, are granted only to those members who die or become disabled by
any injury or incapacity that is incurred in the line of duty. Section 3 of this
act continues to provide death retirement benefits to members or surviving
spouses for deaths not incurred in the line of duty." [1999 c 134 § 1.]
Purpose—Effective dates—1991 sp.s. c 11: See notes following RCW
41.26.090.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
41.26.161 Death benefits—Nonduty connected. (1) In
the event of the nonduty connected death of any member who
is in active service, or who has vested under the provisions of
RCW 41.26.090 with twenty or more service credit years of
service, or who is on disability leave or retired, whether for
nonduty connected disability or service, the surviving spouse
shall become entitled, subject to RCW 41.26.162, to receive
a monthly allowance equal to fifty percent of the final average salary at the date of death if active, or the amount of
retirement allowance the vested member would have
received at age fifty, or the amount of the retirement allowance such retired member was receiving at the time of death
if retired for service or nonduty connected disability. The
amount of this allowance will be increased five percent of
final average salary for each child as defined in *RCW
41.26.030(7), subject to a maximum combined allowance of
sixty percent of final average salary: PROVIDED, That if the
child or children is or are in the care of a legal guardian, payment of the increase attributable to each child will be made to
the child’s legal guardian or, in the absence of a legal guardian and if the member has created a trust for the benefit of the
child or children, payment of the increase attributable to each
child will be made to the trust.
(2) If at the time of the death of a vested member with
twenty or more service credit years of service as provided in
subsection (1) of this section or a member retired for service
or disability, the surviving spouse has not been lawfully married to such member for one year prior to retirement or separation from service if a vested member, the surviving spouse
shall not be eligible to receive the benefits under this section.
(3) If there be no surviving spouse eligible to receive
benefits at the time of such member’s death, then the child or
children of such member shall receive a monthly allowance
equal to thirty percent of final average salary for one child
and an additional ten percent for each additional child subject
to a maximum combined payment, under this subsection, of
41.26.161
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
sixty percent of final average salary. When there cease to be
any eligible children as defined in *RCW 41.26.030(7), there
shall be paid to the legal heirs of the member the excess, if
any, of accumulated contributions of the member at the time
of death over all payments made to survivors on his or her
behalf under this chapter: PROVIDED, That payments under
this subsection to children shall be prorated equally among
the children, if more than one. If the member has created a
trust for the benefit of the child or children, the payment shall
be made to the trust.
(4) In the event that there is no surviving spouse eligible
to receive benefits under this section, and that there be no
child or children eligible to receive benefits under this section, then the accumulated contributions shall be paid to the
estate of said member.
(5) If a surviving spouse receiving benefits under this
section remarries after June 13, 2002, the surviving spouse
shall continue to receive the benefits under this section.
(6) If a surviving spouse receiving benefits under the
provisions of this section thereafter dies and there are children as defined in *RCW 41.26.030(7), payment to the
spouse shall cease and the child or children shall receive the
benefits as provided in subsection (3) of this section.
(7) The payment provided by this section shall become
due the day following the date of death and payments shall be
retroactive to that date. [2005 c 62 § 2; 2002 c 158 § 2; 1999
c 134 § 3.]
*Reviser’s note: RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (7) to subsection (6).
Purpose—Effective date—1999 c 134: See notes following RCW
41.26.160.
41.26.162 Ex spouse qualifying as surviving spouse.
(1) An ex spouse of a law enforcement officers’ and firefighters’ retirement system retiree shall qualify as surviving
spouse under RCW 41.26.160 or 41.26.161 if the ex spouse
has been provided benefits under any currently effective
court decree of dissolution or legal separation or in any court
order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation.
Such an ex spouse shall continue to receive the courtawarded portion of the member’s benefit after the member’s
death as if the member was still alive.
(2) An ex spouse whose benefit resumes as a result of
chapter 62, Laws of 2005 shall receive an initial payment
equivalent to that portion of the member’s benefit received
prior to its suspension. The benefit will not be adjusted under
RCW 41.26.240 for the period the allowance was suspended.
(3) Chapter 62, Laws of 2005 shall not result in the payment of benefits for the period during which benefits were
suspended.
(4) This section shall apply retroactively. [2005 c 62 § 3;
2002 c 158 § 3; 1991 sp.s. c 12 § 2.]
41.26.162
41.26.164 Optional reduced retirement allowance—
Continues for spouse otherwise ineligible for survivor
benefits. (1) No later than July 1, 2005, the department shall
adopt rules to allow a member who meets the criteria set forth
in subsection (2) of this section to choose an actuarially
equivalent benefit that pays the member a reduced retirement
allowance and upon death, such portion of the member’s
41.26.164
(2010 Ed.)
41.26.170
reduced retirement allowance as the department by rule designates shall be continued throughout the life of a spouse
ineligible for survivor benefits under RCW 41.26.160 or
41.26.161.
(2) To choose an actuarially equivalent benefit according
to subsection (1) of this section, a member shall:
(a) Have a portion of the retirement allowance payable to
the retiree that is not subject to periodic payments pursuant to
a property division obligation as provided for in RCW
41.50.670; and
(b) Choose an actuarially reduced benefit equivalent to
that portion not subject to periodic payments under (a) of this
subsection during a one-year period beginning one year after
the date of marriage to the survivor benefit-ineligible spouse.
(3) A member who married a spouse ineligible for survivor benefits under RCW 41.26.160 or 41.26.161 prior to the
effective date of the rules adopted under this section and satisfies subsection (2)(a) of this section has one year to designate their spouse as a survivor beneficiary following the
adoption of the rules.
(4) No benefit provided to a child survivor beneficiary
under RCW 41.26.160 or 41.26.161 is affected or reduced by
the member’s selection of the actuarially reduced spousal
survivor benefit provided by this section.
(5)(a) Any member who chose to receive a reduced
retirement allowance under subsection (1) of this section is
entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection if:
(i) The retiree’s survivor spouse designated in subsection
(1) of this section predeceases the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree from
the beginning of the month following the date of the beneficiary’s death shall be increased by the following:
(i) One hundred percent multiplied by the result of (b)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor. [2005 c 67 § 1; 2002 c 158
§ 4.]
Effective date—2005 c 67: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 15, 2005]." [2005 c 67 § 2.]
41.26.170 Refund of contributions on discontinuance
of service—Reentry. (1) Should service of a member be discontinued except by death, disability, or retirement, the member shall, upon application therefor, be paid the accumulated
contributions within sixty days after the day of application
and the rights to all benefits as a member shall cease: PROVIDED, That any member with at least five years’ service
may elect the provisions of RCW 41.26.090(2).
(2) Any member whose contributions have been paid in
accordance with subsection (1) of this section and who reenters the service of an employer shall upon the restoration of
withdrawn contributions, which restoration must be completed within a total period of five years of service following
resumption of employment, then receive credit toward retirement for the period of previous service which these contributions are to cover.
41.26.170
[Title 41 RCW—page 137]
41.26.190
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) If the member fails to meet the time limitations of
subsection (2) of this section, the member may make the payment required under RCW 41.50.165(2) prior to retirement.
The member shall then receive credit toward retirement for
the period of previous service that the withdrawn contributions cover. [1994 c 197 § 6; 1991 c 35 § 24; 1970 ex.s. c 6 §
14; 1969 ex.s. c 209 § 22.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
41.26.190 Credit for military service. Each person
affected by this chapter who at the time of entering the armed
services was a member of this system, and has honorably
served in the armed services of the United States, shall have
added to the period of service as computed under this chapter,
the period of service in the armed forces: PROVIDED, That
such credited service shall not exceed five years. [1991 c 35
§ 26; 1970 ex.s. c 6 § 13; 1969 ex.s. c 209 § 18.]
41.26.190
Intent—1991 c 35: See note following RCW 41.26.005.
41.26.192 Credit for service under prior pension system—Restoration of withdrawn contributions. If a member of plan 1 served as a law enforcement officer or firefighter under a prior pension system and that service is not
creditable to plan 1 because the member withdrew his or her
contributions plus accrued interest from the prior pension
system, the member’s prior service as a law enforcement
officer shall be credited to plan 1 if the member pays to the
retirement system the amount under RCW 41.50.165(2) prior
to retirement. [1994 c 197 § 7; 1992 c 157 § 1.]
41.26.192
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.26.194 Credit for service under prior pension system—Service not covered under prior system. If a plan 1
member’s prior service as a law enforcement officer or firefighter under a prior pension system is not creditable because,
although employed in a position covered by a prior pension
act, the member had not yet become a member of the pension
system governed by the act, the member’s prior service as a
law enforcement officer or firefighter shall be creditable
under plan 1, if the member pays to the plan the amount set
forth under RCW 41.50.165(2) prior to retirement. [1994 c
197 § 8; 1992 c 157 § 2.]
41.26.194
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.26.195 Transfer of service credit from other
retirement system—Irrevocable election allowed. Any
member of the teachers’ retirement system plans 1, 2, or 3,
the public employees’ retirement system plans 1, 2, or 3, the
public safety employees’ retirement system plan 2, the school
employees’ retirement system plans 2 or 3, or the Washington state patrol retirement system plans 1 or 2 who has previously established service credit in the law enforcement officers’ and firefighters’ retirement system plan 1 may make an
irrevocable election to have such service transferred to their
current retirement system and plan subject to the following
conditions:
41.26.195
[Title 41 RCW—page 138]
(1) If the individual is employed by an employer in an
eligible position, as of July 1, 1997, the election to transfer
service must be filed in writing with the department no later
than July 1, 1998. If the individual is not employed by an
employer in an eligible position, as of July 1, 1997, the election to transfer service must be filed in writing with the
department no later than one year from the date they are
employed by an employer in an eligible position.
(2) An individual transferring service under this section
forfeits the rights to all benefits as a member of the law
enforcement officers’ and firefighters’ retirement system
plan 1 and will be permanently excluded from membership.
(3) Any individual choosing to transfer service under this
section will have transferred to their current retirement system and plan: (a) All the individual’s accumulated contributions; (b) an amount sufficient to ensure that the employer
contribution rate in the individual’s current system and plan
will not increase due to the transfer; and (c) all applicable
months of service, as defined in *RCW 41.26.030(14)(a).
(4) If an individual has withdrawn contributions from the
law enforcement officers’ and firefighters’ retirement system
plan 1, the individual may restore the contributions, together
with interest as determined by the director, and recover the
service represented by the contributions for the sole purpose
of transferring service under this section. The contributions
must be restored before the transfer can occur and the restoration must be completed within the time limitations specified in subsection (1) of this section.
(5) Service transferred under this section is applicable
for meeting the total service required for military service
credit as defined in RCW 41.40.170(3) but is not applicable
for meeting the total service credit required for military service credit under RCW 43.43.260(3). This subsection applies
to members who retired on or after January 1, 1998.
(6) If an individual does not meet the time limitations of
subsection (1) of this section, the individual may elect to
restore any withdrawn contributions and transfer service
under this section by paying the amount required under subsection (3)(b) of this section less any employee contributions
transferred. [2010 c 260 § 1; 2007 c 492 § 9; 2003 c 294 § 2;
1997 c 122 § 1.]
*Reviser’s note: RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (14)(a) to subsection (28)(a).
41.26.197 Service credit for paid leave of absence—
Application to elected officials of labor organizations. (1)
A member who is on a paid leave of absence authorized by a
member’s employer shall continue to receive service credit as
provided under the provisions of RCW 41.26.080 through
41.26.3903.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The basic
salary reported for a member who establishes service credit
41.26.197
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
under this subsection may not be greater than the salary paid
to the highest paid job class covered by the collective bargaining agreement. [1993 c 95 § 3.]
Additional notes found at www.leg.wa.gov
41.26.199
41.26.199 Purchase of additional service credit—
Costs—Rules. (1) A member eligible to retire under RCW
41.26.090 may, at the time of filing a written application for
retirement with the department, apply to the department to
make a one-time purchase of up to five years of additional
service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member’s benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(4) Additional service credit purchased under this section is not membership service and shall be used exclusively
to provide the member with a monthly annuity that is paid in
addition to the member’s retirement allowance. [2006 c 214
§ 5.]
Effective date—2006 c 214: See note following RCW 41.40.034.
41.26.200
41.26.200 Appeal to director of retirement systems.
Any person feeling aggrieved by any order or determination
of a disability board denying disability leave or disability
retirement, or canceling a previously granted disability retirement allowance, shall have the right to appeal the order or
determination to the director. The director shall have no jurisdiction to entertain the appeal unless a notice of appeal is
filed with the director within thirty days following the rendition of the order by the applicable disability board. A copy of
the notice of appeal shall be served upon the director and the
applicable disability board and, within ninety days thereof,
the disability board shall certify its decision and order which
shall include findings of fact and conclusions of law, together
with a transcript of all proceedings in connection therewith,
to the director for review. Upon review of the record, the
director may affirm the order of the disability board or may
remand the case for such further proceedings as he or she
may direct, in accordance with such rules of procedure as the
director shall promulgate. [1981 c 294 § 5; 1974 ex.s. c 120
§ 6; 1971 ex.s. c 257 § 13; 1970 ex.s. c 6 § 11; 1969 ex.s. c
209 § 16.]
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
41.26.240
41.26.211 Notice for hearing required prior to petitioning for judicial review. Any person aggrieved by any
final decision of the director must, before petitioning for judicial review, file with the director of the retirement system by
mail or personally within sixty days from the day such decision was communicated to such person, a notice for a hearing. The notice of hearing shall set forth in full detail the
grounds upon which such person considers such decision
unjust or unlawful and shall include every issue to be considered, and it must contain a detailed statement of facts upon
which such person relies in support thereof. Such persons
shall be deemed to have waived all objections or irregularities concerning the matter on which such appeal is taken
other than those specifically set forth in the notice of hearing
or appearing in the records of the retirement system. [1984 c
184 § 16; 1981 c 294 § 6; 1969 ex.s. c 209 § 19. Formerly
RCW 41.26.052, 41.26.210.]
41.26.211
Additional notes found at www.leg.wa.gov
41.26.221 Hearing—Conduct. A hearing shall be held
by the director, or the director’s duly authorized representative, in the county of the residence of the claimant at a time
and place designated by the director. Such hearing shall be de
novo and shall conform to the provisions of chapter 34.05
RCW, as now or hereafter amended. The disability board and
the department shall be entitled to appear in all such proceedings and introduce testimony in support of the decision. Judicial review of any final decision by the director shall be governed by the provisions of chapter 34.05 RCW as now law or
hereafter amended. [1984 c 184 § 17; 1981 c 294 § 7; 1969
ex.s. c 209 § 20. Formerly RCW 41.26.054, 41.26.220.]
41.26.221
Additional notes found at www.leg.wa.gov
41.26.240 Increases or decreases in retirement allowances to be determined by department in accordance with
consumer price index. For purposes of this section:
(1) "Index" shall mean, for any calendar year, that year’s
average Consumer Price Index—Seattle, Washington area
for urban wage earners and clerical workers, all items
(1957-1959=100), compiled by the Bureau of Labor Statistics, United States Department of Labor;
(2) "Retirement allowance" shall mean the retirement
allowance provided for in RCW 41.26.100 and 41.26.130,
and the monthly allowance provided for in RCW 41.26.160.
Effective April 1 of 1971, and of each succeeding year,
every retirement allowance which has been in effect for more
than one year shall be adjusted to that dollar amount which
exceeds its original dollar amount by the percentage difference which the department finds to exist between the index
for the previous calendar year and the index for the calendar
year prior to the effective retirement date of the person to
whom, or on behalf of whom, such retirement allowance is
being paid.
For the purposes of this section, basic allowance shall
mean that portion of a total retirement allowance, and any
cost of living adjustment thereon, attributable to a member
(individually) and shall not include the increased amounts
attributable to the existence of a child or children. In those
cases where a child ceases to be qualified as an eligible child,
so as to lessen the total allowance, the allowance shall, at that
41.26.240
[Title 41 RCW—page 139]
41.26.250
Title 41 RCW: Public Employment, Civil Service, and Pensions
time, be reduced to the basic allowance plus the amount
attributable for the appropriate number of eligible children. In
those cases where a child qualifies as an eligible child subsequent to the retirement of a member so as to increase the total
allowance payable, such increased allowance shall at the time
of the next and appropriate subsequent cost of living adjustments, be considered the original dollar amount of the allowance. [1991 c 35 § 27; 1974 ex.s. c 120 § 13; 1970 ex.s. c 6 §
16; 1969 ex.s. c 209 § 24.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.26.250 Increase in presently payable benefits for
service or disability authorized. All benefits presently payable pursuant to the provisions of RCW 41.20.050, 41.20.060
and 41.20.080 as such RCW sections existed prior to the
effective date of the amendment of such RCW sections by
sections 1, 2, 3, chapter 191, Laws of 1961 to persons who
retired prior to the effective date of the said 1961 amendatory
act, shall be increased annually as hereafter in this section
provided. The local pension board shall meet subsequent to
March 31st but prior to June 30th of each year for the purpose
of adjusting benefit allowances payable pursuant to the aforementioned sections. The local board shall determine the
increase in the consumer price index between January 1st and
December 31st of the previous year and increase in dollar
amount the benefits payable subsequent to July 1st of the year
in which said board makes such determination by a dollar
amount proportionate to the increase in the consumer price
index: PROVIDED, That regardless of the change in the
consumer price index, such increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased as authorized by this section. This benefit increase shall be paid monthly as part of the
regular pension payment and shall be cumulative.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle, Washington
area as compiled by the bureau of labor statistics of the
United States department of labor. [1975 1st ex.s. c 178 § 3;
1974 ex.s. c 190 § 3; 1970 ex.s. c 37 § 2; 1969 ex.s. c 209 §
34.]
41.26.250
that the sure and certain relief granted by this chapter is desirable, and as beneficial to such law enforcement officers and
firefighters as workers’ compensation coverage is to persons
covered by Title 51 RCW. The legislature further declares
that removal of law enforcement officers and firefighters
from workers’ compensation coverage under Title 51 RCW
necessitates the (1) continuance of sure and certain relief for
personal injuries incurred in the course of employment or
occupational disease, which the legislature finds to be accomplished by the provisions of this chapter and (2) protection for
the governmental employer from actions at law; and to this
end the legislature further declares that the benefits and remedies conferred by this chapter upon law enforcement officers and firefighters covered hereunder, shall be to the exclusion of any other remedy, proceeding, or compensation for
personal injuries or sickness, caused by the governmental
employer except as otherwise provided by this chapter; and
to that end all civil actions and civil causes of actions by such
law enforcement officers and firefighters against their governmental employers for personal injuries or sickness are
hereby abolished, except as otherwise provided in this chapter. [1989 c 12 § 13; 1987 c 185 § 13; 1985 c 102 § 4; 1971
ex.s. c 257 § 14.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.281 Cause of action for injury or death, when.
If injury or death results to a member from the intentional or
negligent act or omission of a member’s governmental
employer, the member, the widow, widower, child, or dependent of the member shall have the privilege to benefit under
this chapter and also have cause of action against the governmental employer as otherwise provided by law, for any
excess of damages over the amount received or receivable
under this chapter. [1991 c 35 § 28; 1971 ex.s. c 257 § 15.
Formerly RCW 41.26.058, 41.26.280.]
41.26.281
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
41.26.3901 Severability—1969 ex.s. c 209. If any provision of *this 1969 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 209 § 42. Formerly
RCW 41.26.900.]
41.26.3901
41.26.260 Increase in certain presently payable death
benefits authorized. All benefits presently payable pursuant
to the provisions of RCW 41.20.085 which are not related to
the amount of current salary attached to the position held by
the deceased member, shall be increased annually in the same
manner and to the same extent as provided for pursuant to
RCW 41.26.250. [1974 ex.s. c 190 § 4; 1969 ex.s. c 209 §
35.]
41.26.260
*Reviser’s note: "this 1969 amendatory act," see note following chapter digest.
41.26.3902 Act to control inconsistencies. To the
extent that the provisions of *this 1969 amendatory act are
inconsistent with the provisions of any other law, the provisions of *this 1969 amendatory act shall be controlling.
[1969 ex.s. c 209 § 43. Formerly RCW 41.26.910.]
41.26.3902
41.26.270 Declaration of policy respecting benefits
for injury or death—Civil actions abolished. The legislature of the state of Washington hereby declares that the relationship between members of the law enforcement officers’
and firefighters’ retirement system and their governmental
employers is similar to that of workers to their employers and
41.26.270
[Title 41 RCW—page 140]
*Reviser’s note: "this 1969 amendatory act," see note following chapter digest.
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
41.26.3903 Effective date—1969 ex.s. c 209. *This
1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of
the state government and its existing public institutions and
shall take effect on July 1, 1969. [1969 ex.s. c 209 § 45. Formerly RCW 41.26.920.]
41.26.3903
*Reviser’s note: "This 1969 amendatory act," see note following chapter digest.
"PLAN 2"
41.26.410 Provisions applicable to plan 2. RCW
41.26.420 through 41.26.550 shall apply only to plan 2 members. [1991 c 35 § 29; 1977 ex.s. c 294 § 2.]
41.26.410
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.26.420 Computation of the retirement allowance.
Except as provided in RCW 41.26.530, a member of the
retirement system shall receive a retirement allowance equal
to two percent of such member’s final average salary for each
year of service. [1993 c 517 § 2; 1979 ex.s. c 249 § 4; 1977
ex.s. c 294 § 3.]
41.26.420
Purpose—1993 c 517: "The legislature recognizes the demanding,
physical nature of law enforcement and firefighting, and the resulting need to
allow law enforcement officers and firefighters to make transitions into other
careers when these employees feel they can no longer pursue law enforcement or firefighting. The legislature also recognizes the challenge and cost of
maintaining the viability of a retired employee’s benefit over longer periods
of retirement as longevity increases, and that this problem is compounded for
employees who leave a career before they retire from the workforce.
Therefore, the purpose of this act is to: (1) Provide full retirement benefits to law enforcement officers and firefighters at an appropriate age that
reflects the unique and physically demanding nature of their work; (2) provide a fair and reasonable value from the retirement system for those who
leave the law enforcement or firefighting profession before retirement; (3)
increase flexibility for law enforcement officers and firefighters to make
transitions into other public or private sector employment; (4) increase
employee options for addressing retirement needs, personal financial planning, and career transitions; and (5) continue the legislature’s established
policy of having employees pay a fifty percent share of the contributions
toward their retirement benefits and any enhancements." [1993 c 517 § 1.]
Additional notes found at www.leg.wa.gov
41.26.425 Lump sum retirement allowance—Reentry—Conditions for reinstatement of service. (1) On or
after June 10, 1982, the director may pay a beneficiary, subject to the provisions of subsection (5) of this section, a lump
sum payment in lieu of a monthly benefit if the initial
monthly benefit computed in accordance with RCW
41.26.420 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of
such monthly benefits or an amount equal to the individual’s
accumulated contributions plus accrued interest.
(2) A beneficiary, subject to the provisions of subsection
(5) of this section, who is receiving a regular monthly benefit
of less than fifty dollars may request, in writing, to convert
from a monthly benefit to a lump sum payment. If the director
approves the conversion, the calculation of the actuarial
equivalent of the total estimated regular benefit will be computed based on the beneficiary’s age at the time the benefit
initially accrued. The lump sum payment will be reduced to
reflect any payments received on or after the initial benefit
accrual date.
41.26.425
(2010 Ed.)
41.26.432
(3) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to re-retiring,
whichever comes first. In computing the amount due, the
director shall exclude the accumulated value of the normal
payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations set forth
under subsection (3) of this section, the member may reinstate all previous service under RCW 41.50.165(2) prior to
retirement. The sum deposited shall exclude the accumulated
value of the normal payments the member would have
received while in beneficiary status if the lump sum payment
had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.26.420 or an earned disability allowance under RCW 41.26.470 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [1994 c 197 § 9; 1982 c 144 § 1.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.26.430 Retirement for service. (1) NORMAL
RETIREMENT. Any member with at least five service credit
years of service who has attained at least age fifty-three shall
be eligible to retire and to receive a retirement allowance
computed according to the provisions of RCW 41.26.420.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years of service and
has attained age fifty shall be eligible to retire and to receive
a retirement allowance computed according to the provisions
of RCW 41.26.420, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age fiftythree.
(3) ALTERNATE EARLY RETIREMENT. Any member who has completed at least twenty service credit years
and has attained age fifty shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.26.420, except that a member retiring
pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and the
attainment of age fifty-three. [2000 c 247 § 904; 1993 c 517
§ 3; 1991 c 343 § 18; 1977 ex.s. c 294 § 4.]
41.26.430
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Purpose—1993 c 517: See note following RCW 41.26.420.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Additional notes found at www.leg.wa.gov
41.26.432 Additional service credit purchase—Rules.
(1) A member eligible to retire under RCW 41.26.430 may, at
the time of filing a written application for retirement with the
41.26.432
[Title 41 RCW—page 141]
41.26.435
Title 41 RCW: Public Employment, Civil Service, and Pensions
department, apply to the department to make a one-time purchase of up to five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member’s benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law. [2005 c 21 § 1.]
Effective date—2005 c 21: "This act takes effect July 1, 2006." [2005
c 21 § 2.]
41.26.435 Transfer of service credit from other
retirement system—Enforcement officer for department
of fish and wildlife. (1) A member of plan 2 who was a
member of the public employees’ retirement system plan 2 or
plan 3 while employed as an enforcement officer for the
department of fish and wildlife has the option to make an
election no later than December 31, 2009, filed in writing
with the department of retirement systems, to transfer all service credit previously earned as an enforcement officer in the
public employees’ retirement system plan 2 or plan 3 to the
law enforcement officers’ and firefighters’ retirement system
plan 2. Service credit that a member elects to transfer from
the public employees’ retirement system to the law enforcement officers’ and firefighters’ retirement system under this
section shall be transferred no earlier than June 30, 2014, and
only after the member completes payment as provided in subsection (2) of this section.
(2)(a) A member who elects to transfer service credit
under subsection (1) of this section shall make the payments
required by this subsection prior to having service credit
earned as an enforcement officer with the department of fish
and wildlife under the public employees’ retirement system
plan 2 or plan 3 transferred to the law enforcement officers’
and firefighters’ retirement system plan 2.
(b) A member who elects to transfer service credit from
the public employees’ retirement system plan 2 under this
subsection shall pay, for the applicable period of service, the
difference between the contributions the employee paid to the
public employees’ retirement system plan 2 and the contributions that would have been paid by the employee had the
employee been a member of the law enforcement officers’
and firefighters’ retirement system plan 2, plus interest on
this difference as determined by the director. This payment
must be made no later than June 30, 2014, and must be made
prior to retirement.
(c) A member who elects to transfer service credit from
the public employees’ retirement system plan 3 under this
subsection shall transfer to the law enforcement officers’ and
firefighters’ retirement system plan 2, for the applicable
41.26.435
[Title 41 RCW—page 142]
period of service, the full balance of the member’s defined
contribution account within plan 3 as of the effective date of
the transfer. At no time will the member pay, for the applicable period of service, a sum less than the contributions that
would have been paid by the employee had the employee
been a member of the law enforcement officers’ and firefighters’ retirement system plan 2, plus interest as determined by
the director. This transfer and any additional payment, if necessary, must be made no later than June 30, 2014, and must
be made prior to retirement.
(d) Upon completion of the payment required in (b) of
this subsection, the department shall transfer from the public
employees’ retirement system to the law enforcement officers’ and firefighters’ retirement system plan 2: (i) All of the
employee’s applicable accumulated contributions plus interest and all of the applicable employer contributions plus
interest; and (ii) all applicable months of service, as defined
in *RCW 41.26.030(14)(b), credited to the employee under
this chapter for service as an enforcement officer with the
department of fish and wildlife as though that service was
rendered as a member of the law enforcement officers’ and
firefighters’ retirement system plan 2.
(e) Upon completion of the payment required in (c) of
this subsection, the department shall transfer from the public
employees’ retirement system to the law enforcement officers’ and firefighters’ retirement system plan 2: (i) All of the
employee’s applicable accumulated contributions plus interest and all of the applicable employer contributions plus
interest; and (ii) all applicable months of service, as defined
in *RCW 41.26.030(14)(b), credited to the employee under
this chapter for service as an enforcement officer with the
department of fish and wildlife as though that service was
rendered as a member of the law enforcement officers’ and
firefighters’ retirement system plan 2.
(f) If a member who elected to transfer pursuant to this
section dies or retires for disability prior to June 30, 2014, the
member’s benefit is calculated as follows:
(i) All of the applicable service credit, accumulated contributions, and interest is transferred to the law enforcement
officers’ and firefighters’ retirement system plan 2 and used
in the calculation of a benefit.
(ii) If a member’s obligation under (b) or (c) of this subsection has not been paid in full at the time of death or disability retirement, the member, or in the case of death the surviving spouse or eligible minor children, have the following
options:
(A) Pay the bill in full;
(B) If a continuing monthly benefit is chosen, have the
benefit actuarially reduced to reflect the amount of the unpaid
obligation under (b) or (c) of this subsection; or
(C) Continue to make payment against the obligation
under (b) or (c) of this subsection, provided that payment in
full is made no later than June 30, 2014.
(g) Upon transfer of service credit, contributions, and
interest under this subsection, the employee is permanently
excluded from membership in the public employees’ retirement system for all service related to time served as an
enforcement officer with the department of fish and wildlife
under the public employees’ retirement system plan 2 or plan
3. [2009 c 157 § 1.]
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
*Reviser’s note: RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (14)(b) to subsection (28)(b).
41.26.440 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1977 ex.s. c 294 § 5.]
41.26.440
Additional notes found at www.leg.wa.gov
41.26.450 Port districts and institutions of higher
education—Must make both employer and state contributions. Port districts established under Title 53 RCW and
institutions of higher education as defined in RCW
28B.10.016 shall contribute both the employer and state
shares of the cost of the retirement system for any of their
employees who are law enforcement officers. Institutions of
higher education shall contribute both the employer and the
state shares of the cost of the retirement system for any of
their employees who are firefighters. [2000 c 247 § 801;
1996 c 38 § 3; 1993 c 502 § 2; 1989 c 273 § 14; 1986 c 268 §
1; 1984 c 184 § 10; 1977 ex.s. c 294 § 6.]
41.26.450
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Additional notes found at www.leg.wa.gov
41.26.460 Options for payment of retirement allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for service as prescribed in RCW 41.26.430 or disability retirement
under RCW 41.26.470, a member shall elect to have the
retirement allowance paid pursuant to the following options,
calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree’s accumulated contributions at the
41.26.460
(2010 Ed.)
41.26.460
time of retirement, then the balance shall be paid to the member’s estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree’s death, then to the surviving spouse or domestic
partner; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse or
domestic partner, then to the retiree’s legal representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a designated person. Such person shall be nominated
by the member by written designation duly executed and
filed with the department at the time of retirement. The
options adopted by the department shall include, but are not
limited to, a joint and one hundred percent survivor option
and a joint and fifty percent survivor option.
(2)(a) A member, if married or a domestic partner, must
provide the written consent of his or her spouse or domestic
partner to the option selected under this section, except as
provided in (b) of this subsection. If a member is married or
a domestic partner and both the member and member’s
spouse or domestic partner do not give written consent to an
option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the
member’s spouse or domestic partner as the beneficiary.
Such benefit shall be calculated to be actuarially equivalent
to the benefit options available under subsection (1) of this
section unless spousal or domestic partner consent is not
required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member’s retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal or domestic partner consent provisions
of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
[Title 41 RCW—page 143]
41.26.470
Title 41 RCW: Public Employment, Civil Service, and Pensions
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse or domestic partner from a postretirement marriage or domestic partnership as a survivor during a one-year
period beginning one year after the date of the postretirement
marriage or domestic partnership provided the retirement
allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage or domestic partnership prior to the effective date of the
rules adopted pursuant to this subsection and satisfies the
conditions of (a)(i) of this subsection shall have one year to
designate their spouse or domestic partner as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse or a person not their domestic partner as survivor beneficiary shall have the opportunity to remove the survivor
designation and have their future benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.26.530(1) and the member’s divorcing spouse or domestic partner be divided into
two separate benefits payable over the life of each spouse or
domestic partner.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried or in a domestic partnership at the time of retirement
remains subject to the spousal or domestic partner consent
requirements of subsection (2) of this section. Any reductions of the member’s benefit subsequent to the division into
two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse or former domestic partner
shall be eligible to commence receiving their separate benefit
upon reaching the ages provided in RCW 41.26.430(1) and
after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse or domestic partner if the nonmember ex
spouse or former domestic partner was selected as a survivor
beneficiary at retirement.
[Title 41 RCW—page 144]
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse or domestic partner shall be eligible to commence
receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW
41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2009
c 523 § 5; 2003 c 294 § 3; 2002 c 158 § 7; 2000 c 186 § 1;
1998 c 340 § 5; 1996 c 175 § 3; 1995 c 144 § 17; 1990 c 249
§ 3; 1977 ex.s. c 294 § 7.]
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.26.470 Earned disability allowance—Cancellation
of allowance—Reentry—Receipt of service credit while
disabled—Conditions—Disposition upon death of recipient—Disabled in the line of duty—Total disability—
Reimbursement for certain payments. (1) A member of
the retirement system who becomes totally incapacitated for
continued employment by an employer as determined by the
director shall be eligible to receive an allowance under the
provisions of RCW 41.26.410 through 41.26.550. Such
member shall receive a monthly disability allowance computed as provided for in RCW 41.26.420 and shall have such
allowance actuarially reduced to reflect the difference in the
number of years between age at disability and the attainment
of age fifty-three, except under subsection (7) of this section.
(2) Any member who receives an allowance under the
provisions of this section shall be subject to such comprehensive medical examinations as required by the department. If
such medical examinations reveal that such a member has
recovered from the incapacitating disability and the member
is no longer entitled to benefits under Title 51 RCW, the
retirement allowance shall be canceled and the member shall
be restored to duty in the same civil service rank, if any, held
by the member at the time of retirement or, if unable to perform the duties of the rank, then, at the member’s request, in
such other like or lesser rank as may be or become open and
available, the duties of which the member is then able to perform. In no event shall a member previously drawing a disability allowance be returned or be restored to duty at a salary
or rate of pay less than the current salary attached to the rank
or position held by the member at the date of the retirement
for disability. If the department determines that the member
is able to return to service, the member is entitled to notice
and a hearing. Both the notice and the hearing shall comply
with the requirements of chapter 34.05 RCW, the administrative procedure act.
(3) Those members subject to this chapter who became
disabled in the line of duty on or after July 23, 1989, and who
receive benefits under RCW 41.04.500 through 41.04.530 or
similar benefits under RCW 41.04.535 shall receive or continue to receive service credit subject to the following:
41.26.470
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
(a) No member may receive more than one month’s service credit in a calendar month.
(b) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(c) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(d) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(e) State contributions shall be as provided in RCW
41.45.060 and 41.45.067.
(f) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred.
(g) The service and compensation credit under this section shall be granted for a period not to exceed six consecutive months.
(h) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right.
(4)(a) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member’s estate, or such person or
persons, trust, or organization as the recipient has nominated
by written designation duly executed and filed with the director, or, if there is no such designated person or persons still
living at the time of the recipient’s death, then to the surviving spouse or domestic partner, or, if there is neither such
designated person or persons still living at the time of his or
her death nor a surviving spouse or domestic partner, then to
his or her legal representative.
(b) If a recipient of a monthly retirement allowance
under this section died before April 27, 1989, and before the
total of the retirement allowance paid to the recipient equaled
the amount of his or her accumulated contributions at the date
of retirement, then the department shall pay the balance of the
accumulated contributions to the member’s surviving spouse
or, if there is no surviving spouse, then in equal shares to the
member’s children. If there is no surviving spouse or children, the department shall retain the contributions.
(5) Should the disability retirement allowance of any disability beneficiary be canceled for any cause other than reentrance into service or retirement for service, he or she shall be
paid the excess, if any, of the accumulated contributions at
the time of retirement over all payments made on his or her
behalf under this chapter.
(6) A member who becomes disabled in the line of duty,
and who ceases to be an employee of an employer except by
service or disability retirement, may request a refund of one
hundred fifty percent of the member’s accumulated contributions. Any accumulated contributions attributable to restorations made under RCW 41.50.165(2) shall be refunded at one
hundred percent. A person in receipt of this benefit is a
retiree.
(7) A member who becomes disabled in the line of duty
shall be entitled to receive a minimum retirement allowance
equal to ten percent of such member’s final average salary.
(2010 Ed.)
41.26.470
The member shall additionally receive a retirement allowance equal to two percent of such member’s average final salary for each year of service beyond five.
(8) A member who became disabled in the line of duty
before January 1, 2001, and is receiving an allowance under
RCW 41.26.430 or subsection (1) of this section shall be entitled to receive a minimum retirement allowance equal to ten
percent of such member’s final average salary. The member
shall additionally receive a retirement allowance equal to two
percent of such member’s average final salary for each year
of service beyond five, and shall have the allowance actuarially reduced to reflect the difference in the number of years
between age at disability and the attainment of age fiftythree. An additional benefit shall not result in a total monthly
benefit greater than that provided in subsection (1) of this
section.
(9) A member who is totally disabled in the line of duty
is entitled to receive a retirement allowance equal to seventy
percent of the member’s final average salary. The allowance
provided under this subsection shall be offset by:
(a) Temporary disability wage-replacement benefits or
permanent total disability benefits provided to the member
under Title 51 RCW; and
(b) Federal social security disability benefits, if any;
so that such an allowance does not result in the member
receiving combined benefits that exceed one hundred percent
of the member’s final average salary. However, the offsets
shall not in any case reduce the allowance provided under this
subsection below the member’s accrued retirement allowance.
A member is considered totally disabled if he or she is
unable to perform any substantial gainful activity due to a
physical or mental condition that may be expected to result in
death or that has lasted or is expected to last at least twelve
months. Substantial gainful activity is defined as average
earnings in excess of eight hundred sixty dollars a month in
2006 adjusted annually as determined by the director based
on federal social security disability standards. The department may require a person in receipt of an allowance under
this subsection to provide any financial records that are necessary to determine continued eligibility for such an allowance. A person in receipt of an allowance under this subsection whose earnings exceed the threshold for substantial gainful activity shall have their benefit converted to a line-of-duty
disability retirement allowance as provided in subsection (7)
of this section.
Any person in receipt of an allowance under the provisions of this section is subject to comprehensive medical
examinations as may be required by the department under
subsection (2) of this section in order to determine continued
eligibility for such an allowance.
(10) In addition to the retirement allowance provided in
subsection (9) of this section, the retirement allowance of a
member who is totally disabled in the line of duty shall
include reimbursement for any payments made by the member after June 10, 2010, for premiums on employer-provided
medical insurance, insurance authorized by the consolidated
omnibus budget reconciliation act of 1985 (COBRA), medicare part A (hospital insurance), and medicare part B (medical insurance). A member who is entitled to medicare must
enroll and maintain enrollment in both medicare part A and
[Title 41 RCW—page 145]
41.26.473
Title 41 RCW: Public Employment, Civil Service, and Pensions
medicare part B in order to remain eligible for the reimbursement provided in this subsection. The legislature reserves the
right to amend or repeal the benefits provided in this subsection in the future and no member or beneficiary has a contractual right to receive any distribution not granted prior to that
time. [2010 c 259 § 2. Prior: 2009 c 523 § 6; 2009 c 95 § 1;
2006 c 39 § 1; 2005 c 451 § 1; 2004 c 4 § 1; 2001 c 261 § 2;
2000 c 247 § 1104; 1999 c 135 § 1; 1995 c 144 § 18; 1993 c
517 § 4; 1990 c 249 § 19; prior: 1989 c 191 § 1; 1989 c 88 §
1; 1982 c 12 § 2; 1981 c 294 § 9; 1977 ex.s. c 294 § 8.]
Short title—2010 c 259: "This act may be known as the Jason McKissack act." [2010 c 259 § 1.]
Effective date—2006 c 39: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2006]." [2006 c 39 § 3.]
Effective date—2005 c 451: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 2005]." [2005 c 451 § 2.]
Application—2004 c 4 § 1: "This act applies to all members, subject to
section 1 of this act, who become or became disabled in the line of duty on
or after January 1, 2001." [2004 c 4 § 2.]
Effective date—2001 c 261 § 2: "Section 2 of this act takes effect
March 1, 2002." [2001 c 261 § 5.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Purpose—1993 c 517: See note following RCW 41.26.420.
Findings—1990 c 249: See note following RCW 2.10.146.
Disability leave supplement for law enforcement officers and firefighters:
RCW 41.04.500 through 41.04.550.
Additional notes found at www.leg.wa.gov
41.26.473 Disabled in the line of duty—Continuation
of service credit—Conditions. Those members subject to
this chapter who became disabled in the line of duty on or
after July 1, 2002, and who received or are receiving benefits
under Title 51 RCW or a similar federal workers’ compensation program shall receive or continue to receive service
credit subject to the following:
(1) No member may receive more than one month’s service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(5) State contribution shall be as provided in RCW
41.45.060 and 41.45.067.
(6) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the
director on both employee and employer contributions. Service credit shall not be granted until the employee contribution has been paid.
(7) The service and compensation credit shall not be
granted for a period to exceed twenty-four consecutive
months.
41.26.473
[Title 41 RCW—page 146]
(8) This section does not abridge service credit rights
granted in RCW 41.26.470(3). However, members receiving
service credit under RCW 41.26.470(3) may not receive service credit under this section.
(9) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right. [2007 c 49 § 1.]
41.26.480 Industrial insurance. Notwithstanding any
other provision of law, members shall be eligible for industrial insurance as provided by Title 51 RCW, as now or hereafter amended, and shall be included in the payroll of the
employer for such purpose. [1977 ex.s. c 294 § 9.]
41.26.480
Additional notes found at www.leg.wa.gov
41.26.490 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.26.430, 41.26.470, or 41.26.510 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.26.430 shall accrue from the first day
of the calendar month immediately following such member’s
separation from service.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance pursuant to RCW 41.26.430, shall accrue from the first day of the
calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.26.470 shall accrue from the
first day of the calendar month immediately following such
member’s separation from service for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.26.510 shall accrue from the first
day of the calendar month immediately following the member’s death.
(5) A person is separated from service on the date a person has terminated all employment with an employer. [1997
c 254 § 2; 1977 ex.s. c 294 § 10.]
41.26.490
Intent—Construction—1997 c 254: "(1) This act, which defines separation from service and restrictions concerning postretirement employment,
is intended to clarify existing statutory provisions regarding these issues. As
a result of this act, the legal standard for determining separation from service
and the impact to a retiree’s benefit should they return to work following
retirement, are either the same as under the prior law, or less restrictive.
Accordingly, this act does not constitute a diminution of benefits and applies
to all members of the affected retirement systems.
(2) This act, which addresses the determination of employee status, is
intended to clarify existing law. The clarifications are consistent with longstanding common law of the state of Washington and long-standing department of retirement systems’ interpretations of the appropriate standard to be
used in determining employee status. Accordingly, sections 3(49) and 10(22)
of this act do not constitute a diminution of benefits and apply to all members
of the teachers’ retirement system and the public employees’ retirement system." [1997 c 254 § 1.]
Additional notes found at www.leg.wa.gov
41.26.500 Suspension of retirement allowance upon
reemployment—Reinstatement—Option to enter into
membership. (1) Except under subsection (3) of this section, a retiree under the provisions of plan 2 shall not be eli41.26.500
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
gible to receive such retiree’s monthly retirement allowance
if he or she is employed in an eligible position as defined in
RCW 41.40.010, 41.32.010, 41.37.010, or 41.35.010, or as a
law enforcement officer or firefighter as defined in RCW
41.26.030. If a retiree’s benefits have been suspended under
this section, his or her benefits shall be reinstated when the
retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree’s benefits shall be actuarially recomputed pursuant to the rules
adopted by the department.
(2) The department shall adopt rules implementing this
section.
(3) A member or retiree who becomes employed in an
eligible position as defined in RCW 41.40.010, 41.32.010,
41.35.010, or 41.37.010 shall have the option to enter into
membership in the corresponding retirement system for that
position notwithstanding any provision of RCW 41.04.270.
A retiree who elects to enter into plan membership shall have
his or her benefits suspended as provided in subsection (1) of
this section. A retiree who does not elect to enter into plan
membership shall continue to receive his or her benefits without interruption. [2005 c 372 § 2; (2005 c 372 § 1 expired
July 1, 2006); 2004 c 242 § 54; 1998 c 341 § 604; 1990 c 274
§ 12; 1977 ex.s. c 294 § 11.]
Effective date—2005 c 372 § 2: "Section 2 of this act takes effect July
1, 2006." [2005 c 372 § 5.]
Expiration date—2005 c 372 § 1: "Section 1 of this act expires July 1,
2006." [2005 c 372 § 3.]
Effective date—2004 c 242: See RCW 41.37.901.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Additional notes found at www.leg.wa.gov
41.26.510 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member’s
credit in the retirement system at the time of such member’s
death, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member’s estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member’s death, such member’s accumulated contributions standing to such member’s credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member’s surviving spouse or domestic partner as if in fact such
spouse or domestic partner had been nominated by written
designation, or if there be no such surviving spouse or
domestic partner, then to such member’s legal representatives.
(2) Except as provided in subsection (4) of this section, if
a member who is killed in the course of employment or a
member who is eligible for retirement or a member who has
completed at least ten years of service dies, the surviving
spouse, domestic partner, or eligible child or children shall
elect to receive either:
41.26.510
(2010 Ed.)
41.26.510
(a) A retirement allowance computed as provided for in
RCW 41.26.430, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.26.460 and if the member was not eligible for normal retirement at the date of death a further reduction as
described in RCW 41.26.430; if a surviving spouse or domestic partner who is receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child or children shall continue to receive an
allowance in an amount equal to that which was being
received by the surviving spouse or domestic partner, share
and share alike, until such child or children reach the age of
majority; if there is no surviving spouse or domestic partner
eligible to receive an allowance at the time of the member’s
death, such member’s child or children under the age of
majority shall receive an allowance share and share alike calculated as herein provided making the assumption that the
ages of the spouse or domestic partner and member were
equal at the time of the member’s death; or
(b)(i) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670; or
(ii) If the member dies on or after July 25, 1993, one hundred fifty percent of the member’s accumulated contributions, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670. Any accumulated contributions attributable to restorations made under RCW
41.50.165(2) shall be refunded at one hundred percent.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after
October 1, 1977, and is not survived by a spouse, domestic
partner, or an eligible child, then the accumulated contributions standing to the member’s credit, less any amount identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW
41.50.670, shall be paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member’s death, then to the member’s legal representatives.
(4) The retirement allowance of a member who is killed
in the course of employment, as determined by the director of
the department of labor and industries, or the retirement
allowance of a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to an actuarial reduction for
early retirement as provided in RCW 41.26.430 or an actuarial reduction to reflect a joint and one hundred percent survivor option under RCW 41.26.460. The member’s retirement
allowance is computed under RCW 41.26.420, except that
the member shall be entitled to a minimum retirement allowance equal to ten percent of such member’s final average sal[Title 41 RCW—page 147]
41.26.520
Title 41 RCW: Public Employment, Civil Service, and Pensions
ary. The member shall additionally receive a retirement
allowance equal to two percent of such member’s average
final salary for each year of service beyond five.
(5) The retirement allowance paid to the spouse or
domestic partner and dependent children of a member who is
killed in the course of employment, as set forth in RCW
41.05.011(16), shall include reimbursement for any payments of premium rates to the Washington state health care
authority pursuant to RCW 41.05.080. [2010 c 261 § 1.
Prior: 2009 c 523 § 7; 2009 c 226 § 2; 2006 c 345 § 1; 2004
c 5 § 1; 2000 c 247 § 1001; prior: 1995 c 245 § 1; 1995 c 144
§ 19; 1993 c 236 § 3; 1991 c 365 § 31; 1990 c 249 § 14; 1977
ex.s. c 294 § 12.]
Application—2010 c 261 § 1: "Section 1 of this act applies prospectively to the benefits of all members killed in the course of employment since
October 1, 1977." [2010 c 261 § 8.]
Contractual right not granted—2006 c 345: "The legislature reserves
the right to amend or repeal this act in the future and no member or beneficiary has a contractual right to receive any distribution not granted prior to
that time." [2006 c 345 § 3.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.26.520 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member’s employer shall continue to
receive service credit as provided for under the provisions of
RCW 41.26.410 through 41.26.550.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
basic salary reported for a member who establishes service
credit under this subsection may not be greater than the salary
paid to the highest paid job class covered by the collective
bargaining agreement.
(3) Except as specified in subsection (7) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member’s entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if the member makes the employer, member,
and state contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to retirement whichever comes sooner.
(4) A law enforcement member may be authorized by an
employer to work part time and to go on a part-time leave of
absence. During a part-time leave of absence a member is
prohibited from any other employment with their employer.
A member is eligible to receive credit for any portion of service credit not earned during a month of part-time leave of
41.26.520
[Title 41 RCW—page 148]
absence if the member makes the employer, member, and
state contributions, plus interest, as determined by the department for the period of the authorized leave within five years
of resumption of full-time service or prior to retirement
whichever comes sooner. Any service credit purchased for a
part-time leave of absence is included in the two-year maximum provided in subsection (3) of this section.
(5) If a member fails to meet the time limitations of subsection (3) or (4) of this section, the member may receive a
maximum of two years of service credit during a member’s
working career for those periods when a member is on unpaid
leave of absence authorized by an employer. This may be
d o n e b y p ay in g t h e a m o u n t r e q u i r ed u n d e r R C W
41.50.165(2) prior to retirement.
(6) For the purpose of subsection (3) or (4) of this section
the contribution shall not include the contribution for the
unfunded supplemental present value as required by RCW
41.45.060, 41.45.061, and 41.45.067. The contributions
required shall be based on the average of the member’s basic
salary at both the time the authorized leave of absence was
granted and the time the member resumed employment.
(7) A member who leaves the employ of an employer to
enter the uniformed services of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment
rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member’s honorable discharge from the uniformed services of the United States, the
member applies for reemployment with the employer who
employed the member immediately prior to the member
entering the uniformed services; and
(ii) The member makes the employee contributions
required under RCW 41.45.060, 41.45.061, and 41.45.067
within five years of resumption of service or prior to retirement, whichever comes sooner; or
(iii) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2); or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(b) Upon receipt of member contributions under (a)(ii),
(d)(iii), or (e)(iii) of this subsection, or adequate proof under
(a)(iv), (d)(iv), or (e)(iv) of this subsection, the department
shall establish the member’s service credit and shall bill the
employer and the state for their respective contributions
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
required under RCW 41.26.450 for the period of military service, plus interest as determined by the department.
(c) The contributions required under (a)(ii), (d)(iii), or
(e)(iii) of this subsection shall be based on the compensation
the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation
reported for the member in the year prior to when the member
went on military leave.
(d) The surviving spouse, domestic partner, or eligible
child or children of a member who left the employ of an
employer to enter the uniformed services of the United States
and died while serving in the uniformed services may, on
behalf of the deceased member, apply for retirement system
service credit under this subsection up to the date of the member’s death in the uniformed services. The department shall
establish the deceased member’s service credit if the surviving spouse or eligible child or children:
(i) Provides to the director proof of the member’s death
while serving in the uniformed services;
(ii) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death; and
(iii) Pays the employee contributions required under
chapter 41.45 RCW within five years of the date of death or
prior to the distribution of any benefit, whichever comes first;
or
(iv) Prior to the distribution of any benefit, provides to
the director proof that the member’s interruptive military service was during a period of war as defined in RCW
41.04.005. If the deceased member made payments for service credit for interruptive military service during a period of
war as defined in RCW 41.04.005, the surviving spouse or
eligible child or children may, prior to the distribution of any
benefit and on a form provided by the department, request a
refund of the funds standing to the deceased member’s credit
for up to five years of such service, and this amount shall be
paid to the surviving spouse or children. Members with one
or more periods of interruptive military service during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(e) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(i) The member obtains a determination from the director
that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving
in the uniformed services;
(ii) The member provides to the director proof of honorable discharge from the uniformed services; and
(iii) The member pays the employee contributions
required under chapter 41.45 RCW within five years of the
director’s determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
(2010 Ed.)
41.26.540
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(8) A member receiving benefits under Title 51 RCW
who is not receiving benefits under this chapter shall be
deemed to be on unpaid, authorized leave of absence. [2009
c 523 § 8; 2009 c 205 § 8; 2005 c 64 § 9; 2002 c 28 § 1; 2000
c 247 § 1105; 1996 c 61 § 1; 1994 c 197 § 10; 1993 c 95 § 4;
1992 c 119 § 1; 1989 c 88 § 2; 1977 ex.s. c 294 § 13.]
Reviser’s note: This section was amended by 2009 c 205 § 8 and by
2009 c 523 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Additional notes found at www.leg.wa.gov
41.26.530 Vested membership. (1) A member who
separates or has separated after having completed at least five
years of service may remain a member during the period of
such member’s absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of RCW 41.26.430 if such member maintains the
member’s accumulated contributions intact.
(2) The retirement allowance payable under the provisions of RCW 41.26.430 to a member who separates after
having completed at least twenty years of service, and
remains a member during the period of his or her absence
from service by maintaining his or her accumulated contributions intact, shall be increased by twenty-five one-hundredths
of one percent, compounded for each month from the date of
separation to the date the retirement allowance commences as
provided in RCW 41.26.490. [1993 c 517 § 5; 1977 ex.s. c
294 § 14.]
41.26.530
Purpose—1993 c 517: See note following RCW 41.26.420.
Additional notes found at www.leg.wa.gov
41.26.540 Refund of contributions on termination.
(1)(a) A member who has completed less than ten years of
service, who ceases to be an employee of an employer except
by service or disability retirement, may request a refund of
the member’s accumulated contributions.
(b) A member who has completed ten or more years of
service, who ceases to be an employee of an employer except
by service or disability retirement, may request a refund of
one hundred fifty percent of the member’s accumulated contributions. Any accumulated contributions attributable to restorations made under RCW 41.50.165(2) shall be refunded at
one hundred percent.
(2) The refund shall be made within ninety days following the receipt of the request and notification of termination
through the contribution reporting system by the employer;
except that in the case of death, an initial payment shall be
made within thirty days of receipt of request for such payment and notification of termination through the contribution
41.26.540
[Title 41 RCW—page 149]
41.26.547
Title 41 RCW: Public Employment, Civil Service, and Pensions
reporting system by the employer. A member who files a
request for refund and subsequently enters into employment
with another employer prior to the refund being made shall
not be eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits under RCW
41.26.410 through 41.26.550. [1995 c 245 § 2; 1993 c 517 §
6; 1982 1st ex.s. c 52 § 5; 1977 ex.s. c 294 § 15.]
Purpose—1993 c 517: See note following RCW 41.26.420.
Additional notes found at www.leg.wa.gov
41.26.547 Emergency medical technicians—Job relocation—Retirement options. (Expires July 1, 2023.) (1) A
member of plan 2 who was a member of the public employees’ retirement system while employed providing emergency
medical services for a city, town, county, or district and
whose job was relocated from another department of a city,
town, county, or district to a fire department, or a member of
the public employees’ retirement system who is eligible for
membership in plan 2 under *RCW 41.26.030(4)(h), has the
following options:
(a) Remain a member of the public employees’ retirement system; or
(b) Leave any service credit earned as a member of the
public employees’ retirement system in the public employees’ retirement system, and have all future service earned in
the law enforcement officers’ and firefighters’ retirement
system plan 2, becoming a dual member under the provisions
of chapter 41.54 RCW; or
(c) Make an election no later than June 30, 2013, filed in
writing with the department of retirement systems, to transfer
service credit previously earned as an emergency medical
technician for a city, town, county, or district in the public
employees’ retirement system plan 1 or plan 2 to the law
enforcement officers’ and firefighters’ retirement system
plan 2 as defined in RCW 41.26.030. Service credit that a
member elects to transfer from the public employees’ retirement system to the law enforcement officers’ and firefighters’ retirement system under this section shall be transferred
no earlier than five years after the effective date the member
elects to transfer except under subsection (3) of this section,
and only after the member earns five years of service credit as
a firefighter following the effective date the member elects to
transfer except under subsection (3) of this section.
(2) A member of plan 1 who was a member of the public
employees’ retirement system while employed providing
emergency medical services for a city, town, county, or district and whose job was relocated from another department of
a city, town, county, or district to a fire department has the
following options:
(a) Remain a member of the public employees’ retirement system; or
(b) Leave any service credit earned as a member of the
public employees’ retirement system in the public employees’ retirement system, and have all future service earned in
the law enforcement officers’ and firefighters’ retirement
system plan 1.
(3)(a) A member who elects to transfer service credit
under subsection (1)(c) of this section shall make the payments required by this subsection prior to having service
credit earned as an emergency medical technician for a city,
41.26.547
[Title 41 RCW—page 150]
town, county, or district under the public employees’ retirement system plan 1 or plan 2 transferred to the law enforcement officers’ and firefighters’ retirement system plan 2.
However, in no event shall service credit be transferred earlier than five years after the effective date the member elects
to transfer, or prior to the member earning five years of service credit as a firefighter following the effective date the
member elects to transfer, except under (e) of this subsection.
(b) A member who elects to transfer service credit under
this subsection shall pay, for the applicable period of service,
the difference between the contributions the employee paid to
the public employees’ retirement system plan 1 or plan 2 and
the contributions that would have been paid by the employee
had the employee been a member of the law enforcement
officers’ and firefighters’ retirement system plan 2, plus
interest on this difference as determined by the director. This
payment must be made no later than five years from the
effective date of the election made under subsection (1)(c) of
this section and must be made prior to retirement, except
under (e) of this subsection.
(c) For a period of service transferred by a member eligible for membership in plan 2 under *RCW 41.26.030(4)(h),
the employer shall pay an amount sufficient to ensure that the
contribution level to the law enforcement officers’ and firefighters’ retirement system will not increase due to this transfer. This payment must be made within five years of the
completion of the employee payment in (b) of this subsection.
(d) No earlier than five years after the effective date the
member elects to transfer service credit under this section and
upon completion of the payment required in (b) of this subsection except under (e) of this subsection, the department
shall transfer from the public employees’ retirement system
plan 1 or plan 2 to the law enforcement officers’ and firefighters’ retirement system plan 2: (i) All of the employee’s
applicable accumulated contributions plus interest and an
equal amount of employer contributions; and (ii) all applicable months of service, as defined in *RCW 41.26.030(14)(b),
credited to the employee under this chapter for service as an
emergency services provider for a city, town, county, or district as though that service was rendered as a member of the
law enforcement officers’ and firefighters’ retirement system
plan 2.
(e) If a member who elected to transfer pursuant to this
section dies or retires for disability prior to five years from
their election date, the member’s benefit is calculated as follows:
(i) All of the applicable service credit, accumulated contributions, and interest is transferred to the law enforcement
officers’ and firefighters’ retirement system plan 2 and used
in the calculation of a benefit.
(ii) If a member’s obligation under (b) of this subsection
has not been paid in full at the time of death or disability
retirement, the member, or in the case of death the surviving
spouse or eligible minor children, have the following options:
(A) Pay the bill in full;
(B) If a continuing monthly benefit is chosen, have the
benefit actuarially reduced to reflect the amount of the unpaid
obligation under (b) of this subsection; or
(C) Continue to make payment against the obligation
under (b) of this subsection, provided that payment in full is
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
made no later than five years from the member’s original
election date.
(f) Upon transfer of service credit, contributions, and
interest under this subsection, the employee is permanently
excluded from membership in the public employees’ retirement system for all service transfers related to their time
served as an emergency medical technician for a city, town,
county, or district under the public employees’ retirement
system plan 1 or plan 2. [2007 c 304 § 1; 2005 c 459 § 2;
2003 c 293 § 1.]
*Reviser’s note: RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsections (4)(h) and (14)(b) to subsections
(16)(h) and (28)(b) respectively.
Expiration date—2007 c 304: "This act expires July 1, 2023." [2007
c 304 § 4.]
Expiration date—2005 c 459 § 2: "Section 2 of this act expires July 1,
2023." [2007 c 304 § 2; 2005 c 459 § 3.]
Expiration date—2003 c 293: "This act expires July 1, 2023." [2007
c 304 § 3; 2003 c 293 § 2.]
41.26.710
(2) Provide for additional benefits for firefighters and
law enforcement officers subject to the cost limitations provided for in chapter 2, Laws of 2003;
(3) Exercise fiduciary responsibility in the oversight of
those pension management functions assigned to the board;
(4) Provide effective monitoring of the plan by providing
an annual report to the legislature, to the members and beneficiaries of the plan, and to the public;
(5) Establish contribution rates for employees, employers, and the state of Washington that will guaranty viability of
the plan, subject to the limitations provided for in chapter 2,
Laws of 2003;
(6) Provide for an annual budget and to pay costs from
the trust, as part of the normal cost of the plan; and
(7) Enable the board of trustees to retain professional and
technical advisors as necessary for the fulfillment of their
statutory responsibilities. [2003 c 2 § 2 (Initiative Measure
No. 790, approved November 5, 2002).]
41.26.710 Definitions. The definitions in this section
apply throughout this subchapter unless the context clearly
requires otherwise.
(1) "Member" or "beneficiary" means:
(a) Current and future law enforcement officers and firefighters who are contributing to the plan;
(b) Retired employees or their named beneficiaries who
receive benefits from the plan; and
(c) Separated vested members of the plan who are not
currently receiving benefits.
(2) "Plan" means the law enforcement officers’ and firefighters’ retirement system plan 2.
(3) "Actuary" means the actuary employed by the board
of trustees.
(4) "State actuary" means the actuary employed by the
department.
(5) "Board" means the board of trustees.
(6) "Board member" means a member of the board of
trustees.
(7) "Department" means the department of retirement
systems.
(8) "Minimum benefits" means those benefits provided
for in chapter 41.26 RCW as of July 1, 2003.
(9) "Employer" means the same as under *RCW
41.26.030(2)(b).
(10) "Enrolled actuary" means an actuary who is
enrolled under the employee retirement income security act
of 1974 (Subtitle C of Title III) and who is a member of the
society of actuaries or the American academy of actuaries.
(11) "Increased benefit" means a benefit in addition to
the minimum benefits.
(12) "Trust" means the assets of the plan.
(13) "Benefits" means the age or service or combination
thereof required for retirement, the level of service and disability retirement benefits, survivorship benefits, payment
options including a deferred retirement option plan, average
final compensation, postretirement cost-of-living adjustments, including health care and the elements of compensation. Benefits shall not include the classifications of employment eligible to participate in the plan.
(14) "Actuarially sound" means the plan is sufficiently
funded to meet its projected liabilities and to defray the rea41.26.710
41.26.550 Reentry. (1) A member, who had left service
and withdrawn the member’s funds pursuant to RCW
41.26.540, shall receive service credit for such prior service if
the member restores all withdrawn funds together with interest since the time of withdrawal as determined by the department.
The restoration of such funds must be completed within
five years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1994 c
197 § 11; 1993 c 517 § 7; 1977 ex.s. c 294 § 16.]
41.26.550
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Purpose—1993 c 517: See note following RCW 41.26.420.
Additional notes found at www.leg.wa.gov
"PLAN 2 GOVERNANCE"
41.26.700 Overview—Intent. The law enforcement
officers’ and firefighters’ retirement system plan 2 is currently subject to policymaking by the legislature’s joint committee on pension policy with ratification by the members of
the legislature and is administered by the department of
retirement systems.
Members of the plan have no direct input into the management of their retirement program. Forty-six other states
currently have member representation in their pension management. Chapter 2, Laws of 2003 is intended to give management of the retirement program to the people whose lives
are directly affected by it and who provide loyal and valiant
service to ensure the health, safety, and welfare of the citizens
of the state of Washington. [2003 c 2 § 1 (Initiative Measure
No. 790, approved November 5, 2002).]
41.26.700
41.26.705 Intent—2003 c 2. It is the intent of chapter
2, Laws of 2003 to:
(1) Establish a board of trustees responsible for the adoption of actuarial standards to be applied to the plan;
41.26.705
(2010 Ed.)
[Title 41 RCW—page 151]
41.26.715
Title 41 RCW: Public Employment, Civil Service, and Pensions
sonable expenses of its operation based upon commonly
accepted, sound actuarial principles. [2003 c 2 § 3 (Initiative
Measure No. 790, approved November 5, 2002).]
appointment. [2007 c 303 § 1; 2003 c 2 § 4 (Initiative Measure No. 790, approved November 5, 2002).]
*Reviser’s note: RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (2)(b) to subsection (14)(b).
41.26.7151 Board of trustees—Political party representation. The legislative board members appointed under
RCW 41.26.715 must include one member from the two largest political parties. The speaker of the house of representatives shall request a recommendation from the minority
leader of the house of representatives if a member from the
opposite party must be recommended for appointment. The
majority leader of the senate shall request a recommendation
from the minority leader of the senate if a member from the
opposite party must be recommended for appointment. [2007
c 303 § 2.]
41.26.715 Board of trustees—Created—Selection of
trustees—Terms of office—Vacancies. (1) An eleven
member board of trustees is hereby created.
(a) Before January 1, 2007, three of the board members
shall be active law enforcement officers who are participants
in the plan. Beginning with the first vacancy on or after January 1, 2007, two board members shall be active law enforcement officers who are participants in the plan and one board
member shall be either an active or a retired law enforcement
officer who is a participant of the plan. The law enforcement
officer board members shall be appointed by the governor
from a list provided by a recognized statewide council whose
membership consists exclusively of guilds, associations, and
unions representing state and local government police officers, deputies, and sheriffs and excludes federal law enforcement officers.
(b) Before January 1, 2007, three of the board members
shall be active firefighters who are participants in the plan.
Beginning with the first vacancy on or after January 1, 2007,
two board members shall be active firefighters who are participants in the plan and one board member shall be either an
active or a retired firefighter who is a participant of the plan.
The firefighter board members shall be appointed by the governor from a list provided by a recognized statewide council,
affiliated with an international association representing the
interests of firefighters.
(c) Three of the board members shall be representatives
of employers and shall be appointed by the governor.
(d) One board member shall be a member of the house of
representatives who is appointed by the governor based on
the recommendation of the speaker of the house of representatives.
(e) One board member shall be a member of the senate
who is appointed by the governor based on the recommendation of the majority leader of the senate.
(f) After January 1, 2008, at least one board member
must be a retired participant of the law enforcement officers’
and firefighters’ retirement system plan 2. This member may
be appointed under (a) through (e) of this subsection.
(2) The initial law enforcement officer and firefighter
board members shall serve terms of six, four, and two years,
respectively. Thereafter, law enforcement officer and firefighter board members serve terms of six years. The initial
employer representative board members shall serve terms of
four, five, and six years, respectively. Thereafter, employer
representative board members serve terms of four years. The
initial legislative board members shall serve terms of five
years and six months. Thereafter, legislative board members
serve terms of two years, which begin on January 1st of oddnumbered years. Board members may be reappointed to succeeding terms without limitation. Board members shall serve
until their successors are appointed and seated.
(3) In the event of a vacancy on the board, the vacancy
shall be filled in the same manner as prescribed for an initial
41.26.715
[Title 41 RCW—page 152]
41.26.7151
41.26.717 Additional duties and powers of board.
The law enforcement officers’ and firefighters’ plan 2 retirement board established in section 4, chapter 2, Laws of 2003
has the following duties and powers in addition to any other
duties or powers authorized or required by law. The board:
(1) Shall employ staff as necessary to implement the purposes of chapter 2, Laws of 2003. Staff must be state
employees under Title 41 RCW;
(2) Shall adopt an annual budget as provided in section 5,
chapter 2, Laws of 2003. Expenses of the board are paid from
the expense fund created in RCW 41.26.732;
(3) May make, execute, and deliver contracts, conveyances, and other instruments necessary to exercise and discharge its powers and duties;
(4) May contract for all or part of the services necessary
for the management and operation of the board with other
state or nonstate entities authorized to do business in the
state; and
(5) May contract with actuaries, auditors, and other consultants as necessary to carry out its responsibilities. [2003 c
92 § 1.]
41.26.717
41.26.720 Board of trustees—Powers—Meeting procedures—Quorum—Judicial review—Budget. (1) The
board of trustees have the following powers and duties and
shall:
(a) Adopt actuarial tables, assumptions, and cost methodologies in consultation with an enrolled actuary retained by
the board. The state actuary shall provide assistance when
the board requests. The actuary retained by the board shall
utilize the aggregate actuarial cost method, or other recognized actuarial cost method based on a level percentage of
payroll, as that term is employed by the American academy
of actuaries. The actuary retained by the board shall adjust
the actuarial cost method to recognize the actuarial present
value of future revenue that will be included in the calculation of the market value of assets pursuant to RCW
41.26.805(2), using the methods and assumptions employed
by the state actuary in RCW 41.26.805(9). In determining
the reasonableness of actuarial valuations, assumptions, and
cost methodologies, the actuary retained by the board shall
provide a copy of all such calculations to the state actuary. If
the two actuaries concur on the calculations, contributions
shall be made as set forth in the report of the board’s actuary.
If the two actuaries cannot agree, they shall appoint a third,
41.26.720
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
independent, enrolled actuary who shall review the calculations of the actuary retained by the board and the state actuary. Thereafter, contributions shall be based on the methodology most closely following that of the third actuary;
(b)(i) Provide for the design and implementation of
increased benefits for members and beneficiaries of the plan,
subject to the contribution limitations under RCW 41.26.725.
An increased benefit may not be approved by the board until
an actuarial cost of the benefit has been determined by the
actuary and contribution rates adjusted as may be required to
maintain the plan on a sound actuarial basis. Increased benefits as approved by the board shall be presented to the legislature on January 1st of each year. The increased benefits as
approved by the board shall become effective within ninety
days unless a bill is enacted in the next ensuing session of the
legislature, by majority vote of each house of the legislature,
repealing the action of the board;
(ii) As an alternative to the procedure in (b)(i) of this
subsection, recommend to the legislature changes in the benefits for members and beneficiaries, without regard to the
cost limitations in RCW 41.26.725(3). Benefits adopted in
this manner shall have the same contractual protections as the
minimum benefits in the plan. The recommendations of the
board shall be presented to the legislature on January 1st of
each year. These measures shall take precedence over all
other measures in the legislature, except appropriations bills,
and shall be either enacted or rejected without change or
amendment by the legislature before the end of such regular
session;
(c) Retain professional and technical advisors necessary
for the accomplishment of its duties. The cost of these services may be withdrawn from the trust;
(d) Consult with the department for the purpose of
improving benefit administration and member services;
(e) Provide an annual report to the governor and the legislature setting forth the actuarial funding status of the plan
and making recommendations for improvements in those
aspects of retirement administration directed by the legislature or administered by the department;
(f) Establish uniform administrative rules and operating
policies in the manner prescribed by law;
(g) Engage administrative staff and acquire office space
independent of, or in conjunction with, the department. The
department shall provide funding from its budget for these
purposes;
(h) Publish on an annual basis a schedule of increased
benefits together with a summary of the minimum benefits as
established by the legislature which shall constitute the official plan document; and
(i) Be the fiduciary of the plan and discharge the board’s
duties solely in the interest of the members and beneficiaries
of the plan.
(2) Meetings of the board of trustees shall be conducted
as follows:
(a) All board meetings are open to the public, preceded
by timely public notice;
(b) All actions of the board shall be taken in open public
session, except for those matters which may be considered in
executive session as provided by law;
(2010 Ed.)
41.26.725
(c) The board shall retain minutes of each meeting setting forth the names of those board members present and
absent, and their voting record on any voted issue; and
(d) The board may establish, with the assistance of the
appropriate office of state government, an internet web site
providing for interactive communication with state government, members and beneficiaries of the plan, and the public.
(3) A quorum of the board is six board members. All
board actions require six concurring votes.
(4) The decisions of the board shall be made in good
faith and are final, binding, and conclusive on all parties. The
decisions of the board shall be subject to judicial review as
provided by law.
(5) A law enforcement officers’ and firefighters’ retirement system plan 2 expense fund is established for the purpose of defraying the expenses of the board. The board shall
cause an annual budget to be prepared consistent with the
requirements of chapter 43.88 RCW and shall draw the funding for the budget from the investment income of the trust.
Board members shall be reimbursed for travel and education
expenses as provided in RCW 43.03.050 and 43.03.060. The
board shall make an annual report to the governor, legislature, and state auditor setting forth a summary of the costs
and expenditures of the plan for the preceding year. The
board shall also retain the services of an independent, certified public accountant who shall annually audit the expenses
of the fund and whose report shall be included in the board’s
annual report. [2008 c 99 § 5; 2003 c 2 § 5 (Initiative Measure No. 790, approved November 5, 2002).]
Findings—Purpose—2008 c 99: See note following RCW 41.26.800.
41.26.725 Board of trustees—Contributions—Minimum and increased benefits. (1) The board of trustees shall
establish contributions as set forth in this section. The cost of
the minimum benefits as defined in this plan shall be funded
on the following ratio:
41.26.725
Employee contributions
Employer contributions
State contributions
50%
30%
20%
(2) The minimum benefits shall constitute a contractual
obligation of the state and the contributing employers and
may not be reduced below the levels in effect on July 1, 2003.
The state and the contributing employers shall maintain the
minimum benefits on a sound actuarial basis in accordance
with the actuarial standards adopted by the board.
(3) Increased benefits created as provided for in RCW
41.26.720 are granted on a basis not to exceed the contributions provided for in this section. In addition to the contributions necessary to maintain the minimum benefits, for any
increased benefits provided for by the board, the employee
contribution shall not exceed fifty percent of the actuarial
cost of the benefit. In no instance shall the employee cost
exceed ten percent of covered payroll without the consent of
a majority of the affected employees. Employer contributions shall not exceed thirty percent of the cost, but in no
instance shall the employer contribution exceed six percent
of covered payroll. State contributions shall not exceed
twenty percent of the cost, but in no instance shall the state
contribution exceed four percent of covered payroll.
[Title 41 RCW—page 153]
41.26.730
Title 41 RCW: Public Employment, Civil Service, and Pensions
Employer contributions may not be increased above the maximum under this section without the consent of the governing
body of the employer. State contributions may not be
increased above the maximum provided for in this section
without the consent of the legislature. In the event that the
cost of maintaining the increased benefits on a sound actuarial basis exceeds the aggregate contributions provided for in
this section, the board shall submit to the affected members
of the plan the option of paying the increased costs or of having the increased benefits reduced to a level sufficient to be
maintained by the aggregate contributions. The reduction of
benefits in accordance with this section shall not be deemed a
violation of the contractual rights of the members, provided
that no reduction may result in benefits being lower than the
level of the minimum benefits.
(4) The board shall manage the trust in a manner that
maintains reasonable contributions and administrative costs.
Providing additional benefits to members and beneficiaries is
the board’s priority. [2003 c 93 § 1; 2003 c 2 § 6 (Initiative
Measure No. 790, approved November 5, 2002).]
Effective date—2003 c 93: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 23, 2003]." [2003 c 93 § 2.]
41.26.730 Joint committee on pension policy—Pension funding council. The joint committee on pension policy established in *RCW 44.44.050, and the pension funding
council created in RCW 41.45.100, shall have no applicability or authority over matters relating to this plan. [2003 c 2 §
7 (Initiative Measure No. 790, approved November 5, 2002).]
41.26.730
*Reviser’s note: RCW 44.44.050 was repealed by 2003 c 295 § 15.
41.26.732 Plan 2 expense fund—Board oversight and
administration—State investment board. (1) A law
enforcement officers’ and firefighters’ retirement system
plan 2 expense fund is created within the law enforcement
officers’ and firefighters’ retirement system plan 2 fund.
(2) The state investment board has the full power to
invest, reinvest, manage, contract, sell, or exchange investment money in the expense fund. The state investment board
is authorized to adopt investment policies for the money in
the expense fund. All investment and operating costs associated with the investment of money shall be paid pursuant to
RCW 43.33A.160 and 43.84.160. With the exception of
these expenses, the earnings from the investment of the
money shall be retained by the law enforcement officers’ and
firefighters’ retirement system plan 2 fund.
(3) All investments made by the investment board shall
be made with the exercise of that degree of judgment and care
pursuant to RCW 43.33A.140 and the investment policy
established by the state investment board.
(4) When appropriate for investment purposes, the state
investment board may commingle money in the expense fund
with other funds.
(5) The authority to establish all policies relating to the
expense fund, other than the investment policies as set forth
in subsections (2) through (4) of this section, resides with the
law enforcement officers’ and firefighters’ plan 2 retirement
board. With the exception of investments by, and expenses
of, the state investment board set forth in subsection (2) of
41.26.732
[Title 41 RCW—page 154]
this section, disbursements from this expense fund may be
made only on the authorization of the law enforcement officers’ and firefighters’ plan 2 retirement board, and money in
the expense fund may be spent only for the purposes of
defraying the expenses of the law enforcement officers’ and
firefighters’ plan 2 retirement board as provided in section 5,
chapter 2, Laws of 2003.
(6) The state investment board shall routinely consult
and communicate with the law enforcement officers’ and
firefighters’ plan 2 retirement board on the investment policy,
earnings of the trust, and related needs of the expense fund.
(7) The law enforcement officers’ and firefighters’ plan
2 retirement board shall administer the expense fund in a
manner reasonably designed to be actuarially sound. The
assets of the expense fund must be sufficient to defray the
obligations of the account including the costs of administration. Money used for administrative expenses is subject to
the allotment of all expenditures pursuant to chapter 43.88
RCW. However, an appropriation is not required for expenditures. Administrative expenses include, but are not limited
to, the salaries and expenses of law enforcement officers’ and
firefighters’ plan 2 retirement board personnel including
lease payments, travel, and goods and services necessary for
operation of the board, audits, and other general costs of conducting the business of the board.
(8) The state investment board shall allocate from the
law enforcement officers’ and firefighters’ retirement system
plan 2 fund to the expense fund the amount necessary to
cover the expenses of the law enforcement officers’ and firefighters’ plan 2 retirement board. [2003 c 92 § 6.]
41.26.735 Asset management. Assets of the plan shall
be managed by the state investment board as provided by
law. [2003 c 2 § 8 (Initiative Measure No. 790, approved
November 5, 2002).]
41.26.735
41.26.740 Reimbursement for expenses. All expenses
of the department and the office of the state actuary related to
the implementation of chapter 2, Laws of 2003 shall be reimbursed from the law enforcement officers’ and firefighters’
retirement system expense fund under RCW 39.34.130.
[2003 c 92 § 7.]
41.26.740
41 .2 6.80 0 Local public saf ety enha ncement
account—Creation—Distribution—Uses. The local public
safety enhancement account is created in the state treasury.
Moneys in the account may be spent only after appropriation.
All receipts from RCW 41.26.802 must be deposited into the
account. Expenditures from the account may be used as follows:
(1) Following appropriation, fifty percent of the money
in the account shall be transferred to the law enforcement
officers’ and firefighters’ retirement system benefits
improvement account established in RCW 41.26.805.
(2) Following appropriation, the balance shall be distributed by the state treasurer to all jurisdictions with law
enforcement officers’ and firefighters’ plan 2 members. Each
year, the department of retirement systems will determine
each jurisdictions’ proportionate share of funds based on the
number of plan 2 members each jurisdiction has on June 1st
41.26.800
(2010 Ed.)
Law Enforcement Officers’ and Firefighters’ Retirement System
of the prior year divided by the total number of plan 2 members in the system. The department of retirement systems
shall provide the distribution allocation to the state treasurer.
Distributions by the state treasurer shall be made annually
each January 1st with one-half of the appropriation being distributed in the first year of the appropriation and any remainder the following year. If an appropriation is made for a single fiscal year, the entire appropriation shall be distributed
the following January 1st. Jurisdictions that contract with
other eligible jurisdictions for law enforcement services or
fire protection services must agree on the distribution of
funds between the contracting parties and must inform the
department of retirement systems as to how the distribution is
to be made. Distributions will continue to be made under the
terms of the agreement until the department of retirement
systems is notified by the eligible jurisdiction of any agreement revisions. If there is no agreement within six months of
the distribution date, the moneys lapse to the state treasury.
Moneys distributed from the balance of the public safety
enhancement account may be used for the following purposes: (a) Criminal justice, including those where an ancillary benefit to the civil justice occurs, and includes domestic
violence programs; (b) information and assistance to parents
and families dealing with at-risk or runaway youth; or (c)
public safety. Money distributed from the account shall not
supplant existing funds used for these purposes. For purposes of this subsection, "existing funds" means the actual
operating expenditures for the calendar year prior to the first
distribution from the account. Actual operating expenditures
excludes lost federal funds, lost or expired state grants or
loans, extraordinary events not likely to reoccur, change in
contract provisions beyond the control of the jurisdiction
receiving the services, and major capital expenditures. [2008
c 99 § 2.]
Findings—Purpose—2008 c 99: "The legislature finds that local governments need additional revenues to provide public safety resources in
order to protect the citizens of Washington from fire and crime. The legislature finds that the current benefit formula and contributions for the law
enforcement officers’ and firefighters’ plan 2 are inadequate to modify that
formula in recognition of the shorter working careers for firefighters and
police officers. The legislature recognizes that although some officers and
firefighters are able to work comfortably beyond twenty-five years, the combat nature of fire suppression and law enforcement generally require earlier
retirement ages. In recognition of the physical demands of the professions
and the inherent risks faced by law enforcement officers and firefighters, eligibility for retirement in the law enforcement officers’ and firefighters’ plan
2 system has been set at age fifty-three. However, the benefit formula is
designed for careers of thirty-five to forty years, making retirement at age
fifty-three an unrealistic option for many.
Therefore, the legislature declares that it is the purpose of this act to
provide local government public safety employers and the law enforcement
officers’ and firefighters’ plan 2 pension plan with additional shared revenues when general state revenues exceed by more than five percent the previous fiscal biennium’s revenue." [2008 c 99 § 1.]
41.26.802
41 .2 6.802 L ocal public saf et y enha ncement
account—Transfers into account. (1) By September 30,
2011, if the prior fiscal biennium’s general state revenues
exceed the previous fiscal biennium’s revenues by more than
five percent, subject to appropriation by the legislature, the
state treasurer shall transfer five million dollars to the local
public safety enhancement account.
(2) By September 30, 2013, if the prior fiscal biennium’s
general state revenues exceed the previous fiscal biennium’s
(2010 Ed.)
41.26.805
revenues by more than five percent, subject to appropriation
by the legislature, the state treasurer shall transfer ten million
dollars to the local public safety enhancement account.
(3) By September 30, 2015, if the prior fiscal biennium’s
general state revenues exceed the previous fiscal biennium’s
revenues by more than five percent, subject to appropriation
by the legislature, the state treasurer shall transfer twenty million dollars to the local public safety enhancement account.
(4) By September 30, 2017, and by September 30 of each
odd-numbered year thereafter, if the prior fiscal biennium’s
general state revenues exceed the previous fiscal biennium’s
revenues by more than five percent, subject to appropriation
by the legislature, the state treasurer shall transfer the lesser
of one-third of the increase, or fifty million dollars, to the
local public safety enhancement account. [2008 c 99 § 4.]
Findings—Purpose—2008 c 99: See note following RCW 41.26.800.
41.26.805
41.26.805 Local law enforcement officers’ and firefighters’ retirement system benefits improvement
account—Creation—Use—Administration—Investments. (1) The local law enforcement officers’ and firefighters’ retirement system benefits improvement account (benefits account) is created within the law enforcement officers’
and firefighters’ retirement system plan 2 fund. All receipts
from RCW 41.26.800(1) must be deposited into the account.
(2) The funds in the benefits account shall not be
included by the actuary retained by the board in the calculation of the market value of assets of the law enforcement
officers’ and firefighters’ retirement system plan 2 fund until
the board directs the actuary retained by the board in writing
to do so for purposes of financing benefits enacted by the legislature. The board shall, in consultation with the state
investment board and within ninety days of the transfer of
funds into the benefits account, provide the actuary retained
by the board, in writing, the market value of the amount
directed from the benefits account for inclusion in the calculation of the market value of assets of the law enforcement
officers’ and firefighters’ retirement system plan 2 fund. The
market value of the amount directed from the benefits
account shall be an amount determined by the state actuary to
sufficiently offset the unfunded actuarial accrued liabilities of
benefit improvements financed from this account. The market value of the amount directed from the benefits account
shall be determined as of the date of the direction from the
board to include this amount for purposes of financing benefits enacted by the legislature.
(3) The law enforcement officers’ and firefighters’ plan
2 retirement board shall administer the fund in an actuarially
sound manner.
(4) The state investment board has the full power to
invest, reinvest, manage, contract, sell, or exchange investment money in the benefits account. The state investment
board is authorized to adopt investment policies for the
money in the benefits account. All investment and operating
costs associated with the investment of money within the
benefits account shall be paid pursuant to RCW 43.33A.160
and 43.84.160. With the exception of these expenses, the
earnings from the investment of the money shall be retained
by the benefits account.
[Title 41 RCW—page 155]
41.26.901
Title 41 RCW: Public Employment, Civil Service, and Pensions
(5) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care pursuant to RCW 43.33A.140 and the investment
policy established by the state investment board.
(6) When appropriate for investment purposes, the state
investment board may commingle money in the fund with
other funds.
(7) The authority to establish all policies relating to the
benefits account, other than the investment policies set forth
in this section, resides with the law enforcement officers’ and
firefighters’ plan 2 retirement board. Other than investments
by and expenses of the state investment board, disbursements
from this fund may be made only on the authorization of the
law enforcement officers’ and firefighters’ plan 2 retirement
board for purposes of funding the member, employer, and
state cost of financing benefits enacted by the legislature.
(8) The state investment board shall routinely consult
with and communicate with the law enforcement officers’
and firefighters’ plan 2 retirement board on the investment
policy, earnings of the trust, and related needs of the benefits
account.
(9) Funds in the benefits account cannot be used to
finance future benefit improvements if the state actuary
determines that the actuarial present value of fully projected
benefits for current and future members for all benefits being
financed from this account exceeds the actuarial present
value of the revenue provided under RCW 41.26.802 and the
accrued earnings of the benefits account. When making the
determination under this subsection, the state actuary shall
select assumptions and methods to reduce the risk that the
actual revenue received is less than the assumed revenue.
[2008 c 99 § 3.]
provision to other persons or circumstances is not affected.
[2003 c 92 § 11.]
Findings—Purpose—2008 c 99: See note following RCW 41.26.800.
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
41.26.901 Severability—1977 ex.s. c 294. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 294 § 26.]
41.26.906 Effective date—2003 c 92. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 23, 2003]. [2003 c 92 § 12.]
41.26.906
41.26.921 Effective date—1977 ex.s. c 294. This 1977
amendatory act is necessary for the immediate preservation
of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect October 1, 1977. [1977 ex.s. c 294 § 27.]
41.26.921
41.26.922 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
93.]
41.26.922
41.26.901
41.26.902 Severability—2003 c 2 (Initiative Measure
No. 790). If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the
act or the application of the provision to other persons or circumstances is not affected. [2003 c 2 § 9 (Initiative Measure
No. 790, approved November 5, 2002).]
41.26.902
41.26.903 Captions not law—2003 c 2 (Initiative
Measure No. 790). Captions used in this act are not any part
of the law. [2003 c 2 § 10 (Initiative Measure No. 790,
approved November 5, 2002).]
41.26.903
41.26.904 Effective date—2003 c 2 (Initiative Measure No. 790). Except for section 11 of this act, the remainder of this act takes effect July 1, 2003. [2003 c 2 § 13 (Initiative Measure No. 790, approved November 5, 2002).]
41.26.904
41.26.905 Severability—2003 c 92. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
41.26.905
[Title 41 RCW—page 156]
Chapter 41.28
Chapter 41.28 RCW
RETIREMENT OF PERSONNEL IN
CERTAIN FIRST-CLASS CITIES
Sections
41.28.005
41.28.010
41.28.020
41.28.030
41.28.040
41.28.050
41.28.060
41.28.070
41.28.080
41.28.085
41.28.090
41.28.100
41.28.110
41.28.120
41.28.130
41.28.140
41.28.150
41.28.160
41.28.170
41.28.180
41.28.190
41.28.200
41.28.205
41.28.207
Establishment of retirement and pension systems authorized.
Definitions.
Retirement system created—Adoption by cities.
Employees within or excluded from system.
Rates of contribution—Deduction and payment into fund.
Allowance of service credit.
Board of administration to administer system—Powers and
duties—Actuarial investigations and valuations—Reports,
records, and accounts.
Employees’ retirement fund created—Composition.
Board of administration—Members—Duties—Fiscal affairs.
Legislative intent—Investments.
Contributions by city.
City obligated to contribute.
Payments on discontinuance of service—Reemployment—
Redeposit.
Retirement for service.
Service retirement allowances.
Retirement for disability.
Disability retirement allowances—Grounds for denial.
Physical examination of disabled members—Reentry.
Optional allowances.
Payments on death of unretired members.
Payments to be made monthly.
Exemption from process—Rights not assignable.
Benefits payable in accordance with court decree or order of
dissolution or legal separation.
Payments to spouse or ex spouse pursuant to court order.
(2010 Ed.)
Retirement of Personnel in Certain First-Class Cities
41.28.210
41.28.220
41.28.230
41.28.240
41.28.900
41.28.910
41.28.920
41.28.930
Estimates of service, compensation, or age.
Suspension of allowances during other public aid.
Administrative expense.
Existing systems preserved.
Severability—1939 c 207.
Repeal.
Effective date—1939 c 207.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Portability of public retirement benefits: Chapter 41.54 RCW.
Statewide city employees’ retirement system: Chapter 41.44 RCW.
41.28.005 Establishment of retirement and pension
systems authorized. Any city attaining the status of a firstclass city after July 1, 1939, is empowered by this chapter to
establish retirement and pension systems for superannuated
or totally and permanently disabled officers and employees
of cities of the first class. [1939 c 207 § 1; RRS § 9592-101.
Formerly RCW 41.28.020, part.]
41.28.005
41.28.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Retirement system" shall mean "employees’ retirement system", provided for in RCW 41.28.020.
(2) "Employee" shall mean any regularly appointed
officer or regularly appointed employee of a first-class city as
described in RCW 41.28.005, whose compensation in such
employment is paid wholly by that city.
(3) "Member" shall mean any person included in the
membership of the retirement system as provided in RCW
41.28.030.
(4) "City" shall mean any city of the first class as
described in RCW 41.28.005.
(5) "Board" shall mean "board of administration" as provided in RCW 41.28.080.
(6) "Retirement fund" shall mean "employees’ retirement fund" as created and established in RCW 41.28.070.
(7) "City service" shall mean service rendered to city for
compensation, and for the purpose of this chapter, a member
shall be considered as being in city service only while he is
receiving compensation from the city for such service.
(8) "Prior service" shall mean the service of a member
for compensation rendered to the city prior to July 1, 1939,
and shall also include military or naval service of a member
to the extent specified in RCW 41.28.050.
(9) "Continuous service" shall mean uninterrupted
employment by that city, except that discontinuance of city
service of a member caused by layoff, leave of absence, suspension, or dismissal, followed by reentrance into city service within one year, shall not count as a break in the continuity of service: PROVIDED, That for the purpose of establishing membership in the retirement system continuous
service shall mean six months’ service in any one year.
(10) "Beneficiary" shall mean any person in receipt of a
pension, annuity, retirement allowance, disability allowance,
or any other benefit provided in this chapter.
(11) "Compensation" shall mean the compensation payable in cash, plus the monetary value, as determined by the
board of administration, of any allowance in lieu thereof.
(12) "Compensation earnable" by a member shall mean
the average compensation as determined by the board of
41.28.010
(2010 Ed.)
41.28.030
administration upon the basis of the average period of
employment of members in the same group or class of
employment and at the same rate of pay.
(13) "Final compensation" means the annual average of
the greatest compensation earnable by a member during any
consecutive five-year period of service for which service
credit is allowed.
(14) "Normal contributions" shall mean contributions at
the rate provided for in RCW 41.28.040(1).
(15) "Additional contributions" shall mean the contributions provided for in RCW 41.28.040(4).
(16) "Regular interest", unless changed by the board of
administration as provided in RCW 41.28.060, shall mean
interest at four percent per annum, compounded annually.
(17) "Accumulated normal contribution" shall mean the
sum of all normal contributions, deducted from the compensation of a member, standing to the credit of his individual
account, together with regular interest thereon.
(18) "Accumulated additional contributions" shall mean
the sum of all the additional contributions, deducted from the
compensation of a member, standing to the credit of his individual account, together with regular interest thereon.
(19) "Accumulated contributions" shall mean accumulated normal contributions plus accumulated additional contributions.
(20) "Pension" shall mean payments derived from contributions made by the city as provided for in RCW 41.28.130
and 41.28.150.
(21) "Annuity" shall mean payments derived from contributions made by a member as provided in RCW 41.28.130
and 41.28.150.
(22) "Retirement allowance" shall mean the pension plus
the annuity.
(23) "Fiscal year" shall mean any year commencing with
January 1st, and ending with December 31st, next following.
(24) "Creditable service" shall mean such service as is
evidenced by the record of normal contributions received
from the employee plus prior service if credit for same is still
intact or not lost through withdrawal of accumulated normal
contributions as provided in RCW 41.28.110. [1967 c 185 §
1; 1963 c 91 § 1; 1939 c 207 § 2; RRS § 9592-102.]
41.28.020 Retirement system created—Adoption by
cities. A retirement system is hereby created and established
in each city of the first class in each county with a population
of one hundred twenty-five thousand or more to be known as
the "employees’ retirement system". This chapter shall
become effective as to any such city when by ordinance of
the city duly enacted its terms are expressly accepted and
made applicable thereto. This section shall not be construed
as preventing performance before July 1, 1939, of any preliminary work which any city council, city commission or
board of administration shall deem necessary. [1991 c 363 §
118; 1939 c 207 § 3; RRS § 9592-103. FORMER PART OF
SECTION: 1939 c 207 § 1; RRS § 9592-101 now codified as
RCW 41.28.005.]
41.28.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.28.030 Employees within or excluded from system. (1) With the exception of those employees who are
41.28.030
[Title 41 RCW—page 157]
41.28.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
excluded from membership as herein provided, all employees
shall become members of the retirement system as follows:
(a) Every employee in city service as defined in this
chapter, on July 1, 1939, shall become a member of the retirement system on that date.
(b) Every employee who enters or reenters city service
after July 1, 1939, shall become a member of the retirement
system upon the completion of six months of continuous service.
(2) The following shall be specifically exempted from
the provisions of this chapter:
(a) Members of the police departments who are entitled
to the benefits of the police relief and pension fund as established by state law.
(b) Members of the fire departments who are entitled to
the benefits of the *firemen’s relief and pension fund as
established by state law.
(3) It shall be the duty of the head of each office or
department to give immediate notice in writing to the board
of administration of the change in status of any member of his
office or department, resulting from transfer, promotion,
leave of absence, resignation, reinstatement, dismissal or
death. The head of each office or department shall furnish
such other information concerning any member as the board
may require.
(4) Each member shall be subject to all the provisions of
this chapter and to all the rules and regulations adopted by the
board of administration. Should the service of any member,
in any period of ten consecutive years, amount to less than
five years, or should he withdraw more than one quarter of
his accumulated contributions, or should he die or be retired,
he shall thereupon cease to be a member. [1939 c 207 § 4;
RRS § 9592-104.]
*Reviser’s note: The "firemen’s relief and pension fund" was changed
to the "firefighters’ relief and pension fund" by 2007 c 218 § 37.
41.28.040 Rates of contribution—Deduction and
payment into fund. (1) The normal rate of contribution of
members shall be those adopted by the board of administration, subject to the approval of the city council or city commission, and for the first five-year period such rates shall be
based on sex and on age of entry into the retirement system,
which age shall be the age at the birthday nearest the time of
entry into the system. The rates so adopted shall remain in
full force and effect until revised or changed by the board of
administration in the manner provided in RCW 41.28.060.
The normal rates of contribution shall be so fixed as to provide an annuity which, together with the pension provided by
the city, shall give as nearly as may be a retirement allowance
at the age of sixty-two years of one and one-third percent of
the final compensation multiplied by the number of years of
service of the retiring employee. The normal rate established
for age sixty-one shall be the rate for any member who has
attained a greater age before entry into the retirement system.
The normal rate of contribution for age twenty shall be the
rate for any member who enters the retirement system at an
earlier age.
(2) Subject to the provision of this chapter, the board of
administration shall adopt rules and regulations governing
the making of deductions from the compensation of employees and shall certify to the head of each office or department
the normal rate of contribution for each member provided for
in subdivision (1) of this section. The head of the department
shall apply such rate of contribution, and shall certify to the
city comptroller on each and every payroll the amount to be
contributed and shall furnish immediately to the board a copy
of each and every payroll; and each of said amounts shall be
deducted by the city comptroller and shall be paid into the
retirement fund, hereinafter provided for, and shall be credited by the board together with regular interest to an individual account of the member for whom the contribution was
made.
Every member shall be deemed to consent and agree to
the contribution made and provided for herein, and shall
receipt in full for his salary or compensation. Payment less
said contribution shall be a full and complete discharge of all
claims and demands whatsoever for the service rendered by
such person during the period covered by such payment,
except his claim to the benefits to which he may be entitled
under the provisions of this chapter.
(3) At the end of each payroll period, the board shall
determine the aggregate amount of the normal contributions
for such period, and shall certify such aggregate to the city
comptroller, who shall thereupon transfer to the retirement
fund, hereinafter provided for, from the money appropriated
for that purpose in the budget for the fiscal year, an amount
equal to the aggregate normal contributions for the period
received from members.
(4) Any member may elect to contribute at rates in
excess of those provided for in subdivision (1) of this section,
for the purpose of providing additional benefits, but the exercise of this privilege by a member shall not place on the city
any additional financial obligation. The board of administration, upon application, shall furnish to such member information concerning the nature and amount of additional benefits
to be provided by such additional contribution. [1967 c 185
§ 2; 1939 c 207 § 5; RRS § 9592-105.]
41.28.040
[Title 41 RCW—page 158]
41.28.050 Allowance of service credit. (1) Subject to
the following and all other provisions of this chapter, including such rules and regulations as the board shall adopt in pursuance thereof, the board, subject to the approval of the city
council or city commission, shall determine and may modify
allowance for service.
Time during which a member is absent on leave without
pay shall not be allowed in computing service: PROVIDED,
HOWEVER, That any member shall be given credit for any
period served by him in the national guard, or in the United
States army, navy, or marine corps, upon the call of the president, if at the time of such service such member was a regular employee under leave of absence. Certificate of honorable
discharge from and/or documentary evidence of such service
shall be submitted to the board in order to obtain credit for
such service.
Each member shall file with the board such information
affecting his status as a member of the retirement system as
the board may require.
(2) The board shall grant credit for prior service to each
member entering the retirement system on July 1, 1939, and
to each member entering after that date, if such entry is within
one year after rendering service prior to July 1, 1939: PROVIDED, HOWEVER, That the board may grant credit for
41.28.050
(2010 Ed.)
Retirement of Personnel in Certain First-Class Cities
prior service to those entering the retirement system after
July 1, 1939, where the employee, because of sickness or
other disability, has been on leave of absence, regularly
granted, since discontinuance of city service, regardless of
the length of such leave. No prior service credit shall be used
as a basis for retirement or other benefit unless the membership continues until retirement on a retirement allowance or
until the granting of other benefits. [1939 c 207 § 6; RRS §
9592-106.]
41.28.060 Board of administration to administer system—Powers and duties—Actuarial investigations and
valuations—Reports, records, and accounts. The administration of the retirement system is hereby vested in the board
of administration created in RCW 41.28.080. The board shall
exercise the powers and duties conferred upon it by said section, and in addition thereto:
(1) The board shall keep in convenient form such data as
shall be necessary for the actuarial valuation of the retirement
fund created by this chapter. At the end of the five-year
period beginning with the year 1939, and at the end of every
five-year period thereafter, the board shall cause to be made
an actuarial investigation into the mortality, service and compensation experience of the members, and beneficiaries as
defined by this chapter; and shall further cause to be made an
actuarial valuation of the assets and liabilities of the retirement fund, and upon the basis of such investigation and valuation and subject to the approval of the city council or city
commission, shall:
(a) Make any necessary changes in the rate of interest;
(b) Adopt for the retirement system such mortality, service and other tables as shall be necessary;
(c) Revise or change the rates of contribution by members on the basis of such mortality, service and other tables.
(2) The board shall promptly transmit to the city council
or city commission a report covering the actuarial investigation and actuarial valuation provided for in subdivision (1) of
this section.
(3) In addition to other records and accounts, the board
shall keep such detailed reports and accounts as shall be necessary to show the financial condition of the retirement fund
at all times.
(4) The board shall annually transmit to the city council
or city commission a report showing the financial condition
of the fund established by this chapter. [1939 c 207 § 7; RRS
§ 9592-107.]
41.28.060
41.28.070 Employees’ retirement fund created—
Composition. A fund is hereby created and established in all
cities of the first class as under this chapter provided to be
known as the "employees’ retirement fund" and shall consist
of all the moneys paid into it in accordance with the provisions of this chapter, whether such moneys shall take the
form of cash, securities, or other assets. [1939 c 207 § 8; RRS
§ 9592-108.]
41.28.070
41.28.080 Board of administration—Members—
Duties—Fiscal affairs. (1) There is hereby created and
established a board of administration in each city coming
under this chapter, which shall, under the provisions of this
41.28.080
(2010 Ed.)
41.28.090
chapter and the direction of the city council or city commission, administer the retirement system and the retirement
fund created by this chapter. Under and pursuant to the direction of the city council or city commission, the board shall
provide for the proper investment of the moneys in the said
retirement fund.
(2) The board of administration shall consist of seven
members, as follows: Three members appointed by the regular appointing authority of the city, and three employees who
are eligible to membership in the retirement system, to be
elected by the employees. The above six members shall
appoint the seventh member.
(3) The investment of all or any part of the retirement
fund shall be subject to chapter 35.39 RCW.
(4) Subject to such provisions as may be prescribed by
law for the deposit of municipal funds in banks, cash belonging to the retirement fund may be deposited in any licensed
national bank or in any bank, banks or corporations authorized or licensed to do a banking business and organized
under the laws of the state of Washington.
(5) The city treasurer shall be the custodian of the retirement fund. All payments from said fund shall be made by the
city treasurer but only upon warrant duly executed by the city
comptroller.
(6) Except as herein provided, no member and no
employee of the board of administration shall have any interest, direct or indirect, in the making of any investments from
the retirement fund, or in the gains or profits accruing therefrom. And no member or employee of said board, directly or
indirectly, for himself or as an agent or partner of others, shall
borrow any of its funds or deposits or in any manner use the
same except to make such current and necessary payments as
are authorized by said board; nor shall any member or
employee of said board become an endorser or surety or
become in any manner an obligor for moneys invested by the
board. [1983 c 3 § 93; 1969 ex.s. c 211 § 2; 1939 c 207 § 9;
RRS § 9592-109.]
41.28.085 Legislative intent—Investments. In order
that the intent of the legislature may be made clear with
respect to investments, but without restricting the necessary
flexibility that must exist for successful investing of the
retirement and pension funds, the legislature makes this declaration of its desire that the investment authority shall give
primary consideration to dealing with brokerage firms which
maintain offices in the state of Washington so that the investment programs may make a meaningful contribution to the
economy of the state. It is further the desire of the legislature
that the retirement and pension funds shall be used as much
as reasonably possible to benefit and expand the business and
economic climate within the state of Washington so long as
such use would be consistent with sound investment policy.
[1969 ex.s. c 211 § 3.]
41.28.085
41.28.090 Contributions by city. (1) There shall be
paid into the retirement fund by contributions of the city, the
amounts necessary to pay all pensions and all other benefits
allowable under this chapter to members on account of prior
service, and minimum allowances provided for in RCW
41.28.130. Until the amount accumulated in the retirement
41.28.090
[Title 41 RCW—page 159]
41.28.100
Title 41 RCW: Public Employment, Civil Service, and Pensions
fund becomes at least as large as the present value of all
amounts thereinafter payable from said fund the amount
annually due to the said fund under this section shall be the
amount payable from said fund in the ensuing fiscal year on
account of prior service and minimum allowances. [1939 c
207 § 10; RRS § 9592-110.]
41.28.100
41.28.100 City obligated to contribute. The payments
of the city due the retirement fund as provided for in this
chapter are hereby made obligations of the city as defined in
this chapter. The board shall annually, on or before the tenth
day of July each year, prepare and submit to the city council
or city commission an estimate of the amounts necessary to
meet such obligations, and the city council or city commission shall provide for the raising of such amounts as are necessary to make such payments. [1939 c 207 § 11; RRS §
9592-111.]
41.28.110
41.28.110 Payments on discontinuance of service—
Reemployment—Redeposit. (1) Should the service of a
member be discontinued, except by death or retirement, he
shall be paid not later than six months after the day of discontinuance such part of his accumulated contributions as he
shall demand: PROVIDED, HOWEVER, That a member
may appeal to the board and by unanimous vote, the board
may grant a request for immediate withdrawal of contributions. If in the opinion of the board said member is permanently separated from service by reason of such discontinuance he shall be paid forthwith all of his accumulated contributions with interest: AND PROVIDED ALSO, That the
board may, in its discretion, withhold for not more than one
year after a member last rendered service all or part of his
accumulated normal contributions if after a previous discontinuance of service he withdrew all or part of his accumulated
normal contributions and failed to redeposit such withdrawn
amount in the retirement fund as provided in this section:
PROVIDED FURTHER, That the city shall receive credit for
the full amount deposited by the city in the retirement fund
for such member’s benefit plus interest. Any member may
redeposit in the retirement fund an amount equal to that
which he previously withdrew therefrom at the last termination of his membership, such redeposit to be paid into the
retirement fund in accordance with rules established by the
board. If a member upon reentering the retirement system
after a termination of his membership shall not make such a
redeposit as hereinabove provided, the rate of his contributions for future years shall be the normal rate provided for in
RCW 41.28.040(1) at his age of reentrance; otherwise his
rate of contribution for future years shall be the same as his
rate prior to the termination of his membership. In the event
such redeposit is made by a member, an amount equal to the
accumulated normal contributions so redeposited shall again
be held for the benefit of said member, and shall no longer be
included in the amounts available to meet the obligations of
the city on account of benefits that have been granted or liabilities that have been assumed on account of prior service of
members, and the city shall reinstate the prior service credit
for such member. [1939 c 207 § 12; RRS § 9592-112.]
[Title 41 RCW—page 160]
41.28.120 Retirement for service. Retirement of member for service shall be made by the board of administration
as follows:
(1) Each member in the city service on June 8, 1967,
who, on or before such effective date, has attained the age of
sixty-five years or over, shall be forthwith retired on the first
day of the calendar month next succeeding the month in
which the employee shall have attained the age of sixty-five:
PROVIDED, That none of such members shall be subject to
compulsory retirement for a period of five years following
said effective date, but during such period any member having attained the age of sixty-five may voluntarily retire after
attaining such age. Members attaining the age of sixty-five
after June 8, 1967 shall be retired on the first day of the calendar month next succeeding the month in which the member
shall have attained the age of sixty-five, but none of such
members shall be subject to compulsory retirement until five
years after said effective date: PROVIDED, FURTHER,
That any member attaining the age of seventy years during
said five year period shall be forthwith retired on the first day
of the calendar month next succeeding the month in which
the employee shall have attained the age of seventy years,
except as otherwise provided in this chapter. The board shall
extend the time of retirement for any member hired prior to
June 8, 1967 so as to enable said member to qualify for retirement benefits under this chapter, but in no event should such
extension extend beyond the age of seventy years.
(2) Any member in the city service may retire by filing
with the board a written application, stating when he desires
to be retired, such application to be made at least thirty days
prior to date of retirement: PROVIDED, HOWEVER, That
said member, at the time specified for his retirement, shall
have completed ten years of city service as defined in this
chapter, and shall have attained the age of fifty-seven years,
or shall have completed thirty years of city service as defined
in this chapter. Permanent discontinuance of city service after
age of fifty-seven shall entitle the member to his retirement
allowance: PROVIDED, That such employee has had at least
ten years of city service to his credit: AND PROVIDED
FURTHER, That permanent discontinuance of city service
after the completion of thirty years of city service shall entitle
the member to his retirement allowance. [1967 c 185 § 3;
1939 c 207 § 13; RRS § 9592-113.]
41.28.120
41.28.130 Service retirement allowances. (1) A member, upon retirement from service, shall receive a retirement
allowance subject to the provisions of paragraph (2) of this
section, which shall consist of:
(a) An annuity which shall be the actuarial equivalent of
his accumulated contributions at the time of his retirement.
(b) A pension purchased by the contributions of the city,
equal to the annuity purchased by the accumulated normal
contributions of the member.
(c) For any member having credit for prior service an
additional pension, purchased by the contributions of the city
equal to one and one-third percent of the final compensation,
multiplied by the number of years of prior service credited to
said member, except that if a member shall retire before
attaining the age of sixty-two years, the additional pension
shall be reduced to an amount which shall be equal to a lesser
percentage of final compensation, multiplied by the number
41.28.130
(2010 Ed.)
Retirement of Personnel in Certain First-Class Cities
of years of prior service credited to said member, which
lesser percentage shall be applied to the respective ages of
retirement in accordance with the following tabulation:
Retirement age
62
61
60
59
58
57
56
55
54
53
52
51
50
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
Percentage
1.333
1.242
1.158
1.081
1.010
0.945
0.885
0.829
0.778
0.731
0.687
0.646
0.608
(2) If the retirement allowance of the member as provided in this section, exclusive of any annuity purchased by
his accumulated additional contributions, is in excess of twothirds of his final salary, the pension of the member, purchased by the contributions of the city, shall be reduced to
such an amount as shall make the member’s retirement
allowance, exclusive of any annuity purchased by his accumulated additional contributions, equal to two-thirds of his
final salary, and the actuarial equivalent of such reduction
shall remain in the retirement fund to the credit of the city:
PROVIDED, That the retired member will be granted a cost
of living increase, in addition to the allowance provided in
this section, of one percent commencing January 1, 1968 and
an additional one percent on the first day of each even-numbered year thereafter if the U.S. Bureau of Labor Statistics’
Cost of Living Index has increased one percent or more since
the last cost of living increase in the member’s retirement
allowance; such increases shall apply only to retirement
allowances approved on or after January 1, 1967.
(3) Any member, who enters the retirement system on
July 1, 1939, or who enters after that date and who is given
the credit for prior service, and who is retired by reason of
attaining the age of seventy years, shall receive such additional pension on account of prior service, purchased by the
contributions of the city, as will make his total retirement
allowance not less than four hundred twenty dollars per year.
(4) Any member who, at the time of his retirement, has at
least ten years of creditable service, as defined in this chapter,
and who has attained the age of sixty-five years or over, shall
receive such additional pension, purchased by the contributions of the city, as will make his total retirement allowance
not less than nine hundred sixty dollars per year. [1969 c 31
§ 1; 1967 c 185 § 4; 1961 c 260 § 1; 1939 c 207 § 14; RRS §
9592-114.]
Additional notes found at www.leg.wa.gov
41.28.140 Retirement for disability. Any member
while in city service may be retired by the board of administration for permanent and total disability, either ordinary or
accidental, upon examination, as follows:
(1) Any member who has not attained the age of sixtyfive years and who has at least ten years of city service as
41.28.140
(2010 Ed.)
41.28.150
defined in this chapter, to his credit: PROVIDED, That the
required ten years of city service shall have been credited to
the member over a period of not to exceed fifteen years
immediately preceding retirement, within three months after
the discontinuance of city service, or while physically or
mentally incapacitated for the performance of duty, if such
incapacity has been continuous from discontinuance of city
service, shall be examined by a physician or surgeon,
appointed by the board of administration upon the application
of the head of the office or department in which said member
is employed, or upon application of said member, or a person
acting in his behalf, stating that said member is permanently
and totally incapacitated, either physically or mentally, for
the performance of duty and ought to be retired. If such medical examination shows, to the satisfaction of the board, that
the said member is permanently and totally incapacitated
either physically or mentally for the performance of duty and
ought to be retired, the board shall retire the said member for
disability forthwith.
(2) The board shall secure such medical services and
advice as it may deem necessary to carry out the purpose of
this section and of RCW 41.28.160, and shall pay for such
medical services and advice such compensation as the board
shall deem reasonable. [1939 c 207 § 15; RRS § 9592-115.]
41.28.150
41.28.150 Disability retirement allowances—
Grounds for denial. (1) Upon retirement for disability, as
hereinabove provided: PROVIDED, The disability is not due
to intemperance, wilful misconduct or violation of law, of
which the board shall be the judge, a member shall receive a
retirement allowance which shall consist of:
(a) An annuity which shall be the actuarial equivalent of
his accumulated contributions at the time of his retirement.
(b) A pension purchased by the contributions of the city,
which, together with his annuity provided by his accumulated
normal contributions, shall make the retirement allowance,
exclusive of the annuity provided by his additional contributions equal to (i) one and one-fourth percent of his final compensation multiplied by the number of years of service which
would be creditable to him were his services to continue until
attainment by him of age sixty-two. The minimum disability
retirement allowance shall be nine hundred sixty dollars per
year.
(2) If disability is due to intemperance, wilful misconduct or violation of law on the part of the member, the board
of administration in its discretion may pay to said member in
one lump sum, his accumulated contributions, in lieu of a
retirement allowance, and such payment shall constitute full
satisfaction of all obligations of the city to such member, and
upon receipt of such payment he shall cease to be a member
of the retirement system.
(3) Upon the death of a member while in receipt of a disability retirement allowance, his accumulated contributions,
as they were at the date of his retirement, less any annuity
payments made to him, shall be paid to his estate, or to such
persons having an insurable interest in his life as he shall
have nominated by written designation duly executed and
filed with the board. [1963 c 91 § 2; 1961 c 260 § 2; 1939 c
207 § 16; RRS § 9592-116.]
[Title 41 RCW—page 161]
41.28.160
41.28.160
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.28.160 Physical examination of disabled members—Reentry. (1) The board of administration may at its
pleasure require any disability beneficiary under age sixtytwo years to undergo medical examination to be made by a
physician or surgeon appointed by the board, at a place to be
designated by the board. Upon the basis of such examination
the board shall determine whether such disability beneficiary
is still totally and permanently incapacitated either mentally
or physically for service in the office or department of the
city where he was employed or in any other city service for
which he is qualified. If the board of administration shall
determine that said beneficiary is not so incapacitated, his
retirement allowance shall be canceled and he shall be reinstated forthwith in the city service.
(2) Should a disability beneficiary reenter the city service and be eligible for membership in the retirement system
in accordance with RCW 41.28.030(1), his retirement allowance shall be canceled and he shall immediately become a
member of the retirement system, his rate of contribution for
future years being that established for his age at the time of
reentry. His individual account shall be credited with his
accumulated contributions less the annuity payments made to
him. An amount equal to the accumulated normal contributions so credited to him shall again be held for the benefit of
said member and shall no longer be included in the amounts
available to meet the obligations of the city on account of
benefits that have been granted and on account of prior service of members. Such member shall receive credit for prior
service in the same manner as if he had never been retired for
disability.
(3) Should any disability beneficiary under age sixty-two
years refuse to submit to medical examination, his pension
may be discontinued until his withdrawal of such refusal, and
should refusal continue for one year, his retirement allowance
may be canceled. Should said disability beneficiary, prior to
attaining age sixty-two years, engage in a gainful occupation
not in city service, or should he reenter the city service and be
ineligible for membership in the retirement system in accordance with RCW 41.28.030(2), the board of administration
shall reduce the amount of his retirement allowance to an
amount, which when added to the compensation earned by
him in such occupation shall not exceed the amount of the
final compensation on the basis of which his retirement
allowance was determined. Should the earning capacity of
such beneficiary be further altered, the board may further
alter his retirement allowance to an amount which shall not
exceed the amount upon which he was originally retired, but
which, subject to such limitation shall equal, when added to
the compensation earned by him, the amount of his final
compensation on the basis of which his retirement allowance
was determined. When said disability beneficiary reaches the
age of sixty-two years, his retirement allowance shall be
made equal to the amount upon which he was originally
retired, and shall not again be modified for any cause except
as provided in RCW 41.28.220.
(4) Should the retirement allowance of any disability
beneficiary be canceled for any cause other than reentrance
into the city service he shall be paid his accumulated contributions, less annuity payments made to him. [1939 c 207 §
17; RRS § 9592-117.]
[Title 41 RCW—page 162]
41.28.170
41.28.170 Optional allowances. A member may elect
to receive, in lieu of the retirement allowance provided for in
RCW 41.28.130, its actuarial equivalent in the form of a
lesser retirement allowance, payable in accordance with the
terms and conditions of one of the options set forth below in
this section. Election of any option must be made by written
application filed with the board of administration at least
thirty days in advance of retirement as provided in RCW
41.28.120, and shall not be effective unless approved by the
board prior to retirement of the member.
Option A. The lesser retirement allowance shall be payable to the member throughout his life: PROVIDED, That if
he die before he receive in annuity payments referred to in
RCW 41.28.130(1)(a), a total amount equal to the amount of
his accumulated contributions as it was at the date of his
retirement, the balance of such accumulated contributions
shall be paid in one sum to his estate or to such person having
an insurable interest in his life as he shall nominate by written
designation duly executed and filed with the board.
Option B. The lesser retirement allowance shall be payable to a member throughout his life: PROVIDED, That if he
die before he receive in annuity payments referred to in RCW
41.28.130(1)(a), a total amount equal to the amount of his
accumulated contributions as it was at the date of his retirement, the said annuity payments resulting from his accumulated contributions shall be continued and paid to his estate or
such person, having an insurable interest in his life, as he
shall nominate by written designation duly executed and filed
with the board until the total amount of annuity payments
shall equal the amount of his accumulated contributions as it
was at the date of his retirement.
Option C. The member shall elect a "guaranteed period"
of any number of years. If he dies before the lesser retirement
allowance has been paid to him for the number of years
elected by him as the "guaranteed period", the lesser retirement allowance shall be continued to the end of the "guaranteed period", and during such continuation shall be paid to his
estate or to such person having an insurable interest in his life
as he shall nominate by written designation duly executed
and filed with the board.
Option D. The lesser retirement allowance shall be payable to the member throughout life, and after the death of the
member, one-half of the lesser retirement allowance shall be
continued throughout the life of and paid to the wife or husband of the member.
Option E. The lesser retirement allowance shall be payable to the member throughout life, and after death of the
member it shall be continued throughout the life of and paid
to the wife or husband of the member. [1967 c 185 § 5; 1963
c 91 § 3; 1939 c 207 § 18; RRS § 9592-118.]
41.28.180
41.28.180 Payments on death of unretired members.
Upon the death of any person who has not been retired, pursuant to the provisions of this chapter, there shall be paid to
his estate, or to such persons having an insurable interest in
his life as he shall have nominated by written designation
duly executed and filed with the board, his accumulated contributions less any payments therefrom already made to him,
if any. [1939 c 207 § 19; RRS § 9592-119.]
(2010 Ed.)
Retirement of Personnel in Certain First-Class Cities
41.28.190 Payments to be made monthly. A pension
annuity or a retirement allowance granted under the provisions of this chapter, unless otherwise specified herein, shall
be payable in monthly installments, and each installment
shall cover for the current calendar month. [1939 c 207 § 20;
RRS § 9592-120.]
41.28.190
41.28.200 Exemption from process—Rights not
assignable. The right of a person to a pension, an annuity or
a retirement allowance, to the return of contributions, the
pension, annuity or retirement allowance itself, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the moneys in the
fund created under this chapter shall not be subject to execution, garnishment, attachment, or any other process whatsoever and shall be unassignable except as in this chapter specifically provided. [1939 c 207 § 21; RRS § 9592-121.]
41.28.200
41.28.205 Benefits payable in accordance with court
decree or order of dissolution or legal separation. Benefits under this chapter shall be payable to a spouse or exspouse to the extent expressly provided for in any court
decree of dissolution or legal separation or in any court order
or court-approved property settlement agreement incident to
any court decree of dissolution or legal separation. [1979
ex.s. c 205 § 9.]
41.28.205
41.28.207 Payments to spouse or ex spouse pursuant
to court order. (1) If the board of administration makes payments to a spouse or ex spouse to the extent expressly provided for in any court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to a court decree of dissolution or
legal separation, it shall be a sufficient answer to any claim of
a beneficiary against the board of administration or the retirement system for the board of administration to show that the
payments were made pursuant to a court decree.
(2) All payments made to a nonmember spouse or ex
spouse pursuant to RCW 41.28.205 shall cease upon the
death of such a nonmember spouse or ex spouse. Upon such
a death, the board of administration shall pay to the member
his or her full monthly entitlement of benefits.
(3) The provisions of RCW 41.28.205 and this section
shall apply to all court decrees of dissolution or legal separation and court-approved property settlement agreements,
regardless of when entered, but shall apply only to those persons who have actually retired or who have requested withdrawal of any or all of their accumulated contributions:
PROVIDED, That the board of administration shall not be
responsible for making court-ordered divisions of withdrawals unless the order is filed with the board at least thirty days
before the withdrawal payment date. [1987 c 326 § 20.]
41.28.207
Mandatory assignment of retirement benefits to spouse or ex spouse: RCW
41.50.500 through 41.50.660.
Additional notes found at www.leg.wa.gov
41.28.210 Estimates of service, compensation, or age.
If it shall be impracticable for the board of administration to
determine from the records the length of service, the compensation, or the age of any member, the said board may estimate
41.28.210
(2010 Ed.)
41.28.930
for the purpose of this chapter, such length of service, compensation or age. [1939 c 207 § 22; RRS § 9592-122.]
41.28.220 Suspension of allowances during other
public aid. The payment of any retirement allowance to a
member who has been retired from service shall be suspended during the time that the beneficiary is in receipt of
other pension or of other compensation for state or public service paid from direct or indirect state or municipal taxes or
revenues of publicly owned utilities, except as to the amount
by which such retirement allowance may exceed such compensation for the same period. [1939 c 207 § 23; RRS §
9592-123.]
41.28.220
41.28.230 Administrative expense. The city council or
city commission shall appropriate annually from the retirement fund the amount it deems necessary for the purpose of
paying the expenses of administering the retirement system.
The board of administration shall annually submit to the city
council or city commission its estimate of the amount necessary to pay such expenses. The preliminary cost of establishment of said retirement system, such as clerical help and
actuarial survey costs, etc., shall be paid by the department or
departments affected. [1939 c 207 § 24; RRS § 9592-124.]
41.28.230
41.28.240 Existing systems preserved. Nothing in this
chapter shall repeal, supersede, alter, amend or be regarded as
a substitute for any existing retirement or pension system,
duly established by city ordinance. [1939 c 207 § 28; RRS §
9592-128.]
41.28.240
41.28.900 Severability—1939 c 207. If any one or
more sections, subsections, subdivisions, sentences, clauses
or phrases of this chapter are for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter, but the same
shall remain in full force and effect. [1939 c 207 § 25; RRS
§ 9592-125.]
41.28.900
41.28.910 Repeal. All laws and parts of laws in conflict
herewith be and the same are hereby repealed. [1939 c 207 §
26.]
41.28.910
41.28.920 Effective date—1939 c 207. The retirement
system shall become effective on July 1, 1939, as provided in
RCW 41.28.020. [1939 c 207 § 27.]
41.28.920
41.28.930 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
41.28.930
[Title 41 RCW—page 163]
Chapter 41.31A
Title 41 RCW: Public Employment, Civil Service, and Pensions
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
94.]
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Chapter 41.31A RCW
EXTRAORDINARY INVESTMENT GAINS—PLAN 3
Chapter 41.31A
Sections
41.31A.020 Extraordinary investment gain—Credited to member
accounts—Persons eligible—Calculation of amount—Contractual right not granted (as amended by 2007 c 491).
41.31A.020 Extraordinary investment gain—Credited to member
accounts—Persons eligible—Calculation of amount—Contractual right not granted (as amended by 2007 c 492).
41.31A.020 Extraordinary investment gain—Credited to member
accounts—Persons eligible—Calculation of amount—Contractual right not granted.
41.31A.020
41.31A.020 Extraordinary investment gain—Credited to member
accounts—Persons eligible—Calculation of amount—Contractual right
not granted (as amended by 2007 c 491). (1) On January 1, 2004, and on
January 1st of even-numbered years thereafter, the member account of a person meeting the requirements of this section shall be credited by the extraordinary investment gain amount.
(2) The following persons, hired prior to July 1, 2007, shall be eligible
for the benefit provided in subsection (1) of this section:
(a) Any member of the teachers’ retirement system plan 3, the Washington school employees’ retirement system plan 3, or the public employees’
retirement system plan 3 who earned service credit during the twelve-month
period from September 1st to August 31st immediately preceding the distribution and had a balance of at least one thousand dollars in their member
account on August 31st of the year immediately preceding the distribution;
or
(b) Any person in receipt of a benefit pursuant to RCW 41.32.875,
41.35.680, or 41.40.820; or
(c) Any person who is a retiree pursuant to *RCW 41.34.020(8) and
who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve service
months after attaining age fifty-four; or
(d) Any teacher who is a retiree pursuant to *RCW 41.34.020(8) and
who has completed five service credit years by July 1, 1996, under plan 2 and
who transferred to plan 3 under RCW 41.32.817; or
(e) Any classified employee who is a retiree pursuant to *RCW
41.34.020(8) and who has completed five service credit years by September
1, 2000, and who transferred to plan 3 under RCW 41.35.510; or
(f) Any public employee who is a retiree pursuant to *RCW
41.34.020(8) and who has completed five service credit years by March 1,
2002, and who transferred to plan 3 under RCW 41.40.795; or
(g) Any person who had a balance of at least one thousand dollars in
their member account on August 31st of the year immediately preceding the
distribution and who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve service
months after attaining age fifty-four; or
(h) Any teacher who had a balance of at least one thousand dollars in
their member account on August 31st of the year immediately preceding the
distribution and who has completed five service credit years by July 1, 1996,
under plan 2 and who transferred to plan 3 under RCW 41.32.817; or
(i) Any classified employee who had a balance of at least one thousand
dollars in their member account on August 31st of the year immediately preceding the distribution and who has completed five service credit years by
September 1, 2000, and who transferred to plan 3 under RCW 41.35.510; or
(j) Any public employee who had a balance of at least one thousand
dollars in their member account on August 31st of the year immediately preceding the distribution and who has completed five service credit years by
March 1, 2002, and who transferred to plan 3 under RCW 41.40.795.
(3) The extraordinary investment gain amount shall be calculated as
follows:
[Title 41 RCW—page 164]
(a) One-half of the sum of the value of the net assets held in trust for
pension benefits in the teachers’ retirement system combined plan 2 and 3
fund, the Washington school employees’ retirement system combined plan 2
and 3 fund, and the public employees’ retirement system combined plan 2
and 3 fund at the close of the previous state fiscal year not including the
amount attributable to member accounts;
(b) Multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds
ten percent;
(c) Multiplied by the proportion of:
(i) The sum of the service credit on August 31st of the previous year of
all persons eligible for the benefit provided in subsection (1) of this section;
to
(ii) The sum of the service credit on August 31st of the previous year
of:
(A) All persons eligible for the benefit provided in subsection (1) of
this section;
(B) Any person who earned service credit in the teachers’ retirement
system plan 2, the Washington school employees’ retirement system plan 2,
or the public employees’ retirement system plan 2 during the twelve-month
period from September 1st to August 31st immediately preceding the distribution;
(C) Any person in receipt of a benefit pursuant to RCW 41.32.765,
41.35.420, or 41.40.630; and
(D) Any person with five or more years of service in the teachers’
retirement system plan 2, the Washington school employees’ retirement system plan 2, or the public employees’ retirement system plan 2;
(d) Divided proportionally among persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total
on August 31st of the previous year.
(4) The legislature reserves the right to amend or repeal this section in
the future and no member or beneficiary has a contractual right to receive
this distribution not granted prior to that time. [2007 c 491 § 1; 2003 c 294
§ 4; 2000 c 247 § 408; 1998 c 341 § 312.]
*Reviser’s note: RCW 41.34.020 was amended by 2010 1st sp.s. c 7 §
31, changing subsection (8) to subsection (7).
Effective date—2007 c 491 §§ 1, 3, and 7: See note following RCW
41.32.835.
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
41.31A.020
41.31A.020 Extraordinary investment gain—Credited to member
accounts—Persons eligible—Calculation of amount—Contractual right
not granted (as amended by 2007 c 492). (1) On January 1, 2004, and on
January 1st of even-numbered years thereafter, the member account of a person meeting the requirements of this section shall be credited by the extraordinary investment gain amount.
(2) The following persons shall be eligible for the benefit provided in
subsection (1) of this section:
(a) Any member of the teachers’ retirement system plan 3, the Washington school employees’ retirement system plan 3, or the public employees’
retirement system plan 3 who earned service credit during the twelve-month
period from September 1st to August 31st immediately preceding the distribution and had a balance of at least one thousand dollars in their member
account on August 31st of the year immediately preceding the distribution;
or
(b) Any person in receipt of a benefit pursuant to RCW 41.32.875,
41.35.680, or 41.40.820; or
(c) Any person who is a retiree pursuant to *RCW 41.34.020(8) and
who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve service
months after attaining age ((fifty-four)) forty-four; or
(d) Any teacher who is a retiree pursuant to *RCW 41.34.020(8) and
who has completed five service credit years by July 1, 1996, under plan 2 and
who transferred to plan 3 under RCW 41.32.817; or
(e) Any classified employee who is a retiree pursuant to *RCW
41.34.020(8) and who has completed five service credit years by September
1, 2000, and who transferred to plan 3 under RCW 41.35.510; or
(f) Any public employee who is a retiree pursuant to *RCW
41.34.020(8) and who has completed five service credit years by March 1,
2002, and who transferred to plan 3 under RCW 41.40.795; or
(2010 Ed.)
Teachers’ Retirement
(g) Any person who had a balance of at least one thousand dollars in
their member account on August 31st of the year immediately preceding the
distribution and who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve service
months after attaining age ((fifty-four)) forty-four; or
(h) Any teacher who had a balance of at least one thousand dollars in
their member account on August 31st of the year immediately preceding the
distribution and who has completed five service credit years by July 1, 1996,
under plan 2 and who transferred to plan 3 under RCW 41.32.817; or
(i) Any classified employee who had a balance of at least one thousand
dollars in their member account on August 31st of the year immediately preceding the distribution and who has completed five service credit years by
September 1, 2000, and who transferred to plan 3 under RCW 41.35.510; or
(j) Any public employee who had a balance of at least one thousand
dollars in their member account on August 31st of the year immediately preceding the distribution and who has completed five service credit years by
March 1, 2002, and who transferred to plan 3 under RCW 41.40.795.
(3) The extraordinary investment gain amount shall be calculated as
follows:
(a) One-half of the sum of the value of the net assets held in trust for
pension benefits in the teachers’ retirement system combined plan 2 and 3
fund, the Washington school employees’ retirement system combined plan 2
and 3 fund, and the public employees’ retirement system combined plan 2
and 3 fund at the close of the previous state fiscal year not including the
amount attributable to member accounts;
(b) Multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds
ten percent;
(c) Multiplied by the proportion of:
(i) The sum of the service credit on August 31st of the previous year of
all persons eligible for the benefit provided in subsection (1) of this section;
to
(ii) The sum of the service credit on August 31st of the previous year
of:
(A) All persons eligible for the benefit provided in subsection (1) of
this section;
(B) Any person who earned service credit in the teachers’ retirement
system plan 2, the Washington school employees’ retirement system plan 2,
or the public employees’ retirement system plan 2 during the twelve-month
period from September 1st to August 31st immediately preceding the distribution;
(C) Any person in receipt of a benefit pursuant to RCW 41.32.765,
41.35.420, or 41.40.630; and
(D) Any person with five or more years of service in the teachers’
retirement system plan 2, the Washington school employees’ retirement system plan 2, or the public employees’ retirement system plan 2;
(d) Divided proportionally among persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total
on August 31st of the previous year.
(4) The legislature reserves the right to amend or repeal this section in
the future and no member or beneficiary has a contractual right to receive
this distribution not granted prior to that time. [2007 c 492 § 10; 2003 c 294
§ 4; 2000 c 247 § 408; 1998 c 341 § 312.]
Reviser’s note: *(1) RCW 41.34.020 was amended by 2010 1st sp.s. c
7 § 31, changing subsection (8) to subsection (7).
(2) RCW 41.31A.020 was also repealed by 2007 c 491 § 13 without
cognizance of its amendment by 2007 c 491 § 1 and 2007 c 492 § 10. For
rule of construction concerning sections amended and repealed in the same
legislative session, see RCW 1.12.025.
Contingency—2007 c 492 § 10: "Section 10 of this act is null and void,
if legislation is enacted during 2007 repealing RCW 41.31A.020." [2007 c
492 § 13.]
Effective date—2003 c 294 § 4: "Section 4 of this act takes effect January 1, 2004." [2003 c 294 § 17.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Additional notes found at www.leg.wa.gov
41.31A.020
41.31A.020 Extraordinary investment gain—Credited to member
accounts—Persons eligible—Calculation of amount—Contractual right
not granted. [2003 c 294 § 4; 2000 c 247 § 408; 1998 c 341 § 312.]
(2010 Ed.)
Chapter 41.32
Reviser’s note: RCW 41.31A.020 was also repealed by 2007 c 491 §
13 without cognizance of its amendment by 2007 c 491 § 1 and 2007 c 492
§ 10. For rule of construction concerning sections amended and repealed in
the same legislative session, see RCW 1.12.025.
Chapter 41.32
Chapter 41.32 RCW
TEACHERS’ RETIREMENT
Sections
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2, AND PLAN 3"
41.32.005
41.32.010
41.32.013
41.32.020
41.32.025
41.32.032
41.32.035
41.32.042
41.32.044
41.32.052
41.32.053
41.32.054
41.32.055
41.32.062
41.32.063
41.32.064
41.32.0641
41.32.065
41.32.066
41.32.067
Provisions applicable to "plan 1," "plan 2," and "plan 3."
Definitions.
Substitute teachers—Application for service credit—Procedures.
Name of system.
Department’s power to determine eligibility.
Membership in system—Service credit of educational staff
associates.
Employer contribution rates—Computation and payment.
Validity of deductions—Interest.
Retired teacher may reenter system—Benefit limitations.
Exemption from taxation and judicial process—Exceptions—
Nonassignability—Deductions authorized.
Death benefit—Course of employment—Occupational disease
or infection.
Disability retirement—Criminal conduct.
Falsification—Penalty.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Establishing, restoring service credit.
Disabled in the line of duty—Continuation of service credit—
Conditions.
Election to use out-of-state service credit to calculate time at
which the member may retire.
Purchase of additional service credit—Costs—Rules.
Purchase of additional benefits—Conditions.
"PLAN 1"
41.32.215
41.32.240
41.32.260
41.32.263
41.32.267
41.32.270
41.32.300
41.32.310
41.32.330
41.32.340
41.32.345
41.32.350
41.32.380
41.32.390
41.32.470
41.32.480
41.32.483
41.32.485
41.32.4851
41.32.4872
41.32.489
41.32.4931
41.32.4945
41.32.497
41.32.498
41.32.4986
41.32.4991
41.32.500
41.32.510
Provisions applicable to plan 1.
Membership in system.
Credit for military service or as state legislator.
State legislators and state officials eligible for retirement benefits.
Service credit for paid leave of absence—Application to
elected officials of labor organizations.
Teaching service, how credited.
Limitation on credit for out-of-state service.
Time limit for claiming service credit—Payments.
Credit for professional preparation subsequent to becoming
teacher.
Creditable service, what to consist of.
"Earnable compensation" defined for certain part-time
employees—Adoption of rules.
Purchase of additional annuity.
Source of pension reserve—Contributions.
Contributions for prior service credits.
Eligibility for retirement allowance.
Qualifications for retirement.
Annual increase amount—Legislature’s rights reserved.
Minimum retirement allowance—Cost-of-living adjustment—
Post-retirement adjustment—Computation.
Minimum retirement allowance—Annual adjustment—Persons who become beneficiaries after June 30, 1995.
Permanent increase for specified beneficiaries age seventy or
over.
Retirement allowance—Annual increases—Eligibility.
Additional special pension for former members not receiving
social security.
Limitation as to earnable compensation of member as member
of the legislature.
Retirement allowance for members entering system before
April 25, 1973—Election.
Retirement allowance for members entering system after April
25, 1973, or in lieu of allowance under RCW 41.32.497.
Members with thirty years of service—Irrevocable election.
Permanent retirement allowance adjustment.
Termination of membership.
Payment on withdrawal—Reentry.
[Title 41 RCW—page 165]
41.32.005
41.32.520
41.32.522
41.32.523
41.32.530
41.32.540
41.32.550
41.32.555
41.32.570
41.32.581
41.32.584
41.32.587
Title 41 RCW: Public Employment, Civil Service, and Pensions
Payment on death before retirement or within sixty days following application for disability retirement—Military service.
Death benefits.
Death benefits—Members not qualified for benefits under
RCW 41.32.522 and retired former members.
Options available—Retirement allowance adjustment—
Court-approved property settlement.
Disability allowance—Temporary.
Options and allowances on report that disability will be permanent—Reexamination.
Persons with annual half-time contracts—Eligibility for benefits under RCW 41.32.550.
Postretirement employment—Reduction or suspension of pension payments.
End of participation in judicial retirement account plan—
Newly elected or appointed judges.
Additional benefit for justices or judges—One-time irrevocable election.
Justices or judges retirement allowance—In lieu of RCW
41.32.498.
41.32.950
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Prior acts relating to teachers’ retirement: (1) 1943 c 116; 1941 c 97;
1939 c 86, 40; 1937 c 221 (repealed by 1947 c 80 § 70).
(2) 1931 c 115; 1923 c 187; 1919 c 150; 1917 c 163 (repealed by 1937
c 221 § 14).
Employee salary or compensation—Limitations respecting: RCW
28A.400.220.
Portability of public retirement benefits: Chapter 41.54 RCW.
Teachers in state correctional facilities as members of teachers’ retirement
fund: RCW 72.01.200.
Additional notes found at www.leg.wa.gov
"PROVISIONS APPLICABLE TO PLAN 1,
PLAN 2, AND PLAN 3"
41.32.005 Provisions applicable to "plan 1," "plan
2," and "plan 3." RCW 41.32.010 through 41.32.067 shall
apply to members of plan 1, plan 2, and plan 3. [1995 c 239
§ 101; 1992 c 72 § 4; 1991 c 35 § 30; 1990 c 274 § 16. Prior:
1989 c 273 § 15; 1989 c 272 § 4; 1977 ex.s. c 293 § 19.]
41.32.005
"PLAN 2"
41.32.755
41.32.760
41.32.762
41.32.765
41.32.768
41.32.770
41.32.780
41.32.785
41.32.790
41.32.795
41.32.800
41.32.802
41.32.805
41.32.810
41.32.812
41.32.813
41.32.815
41.32.817
41.32.818
41.32.820
41.32.825
Provisions applicable to plan 2.
Computation of the retirement allowance.
Lump sum retirement allowance—Reentry—Conditions for
reinstatement of service.
Retirement for service.
Member with terminal illness—Removal from system.
Post-retirement cost-of-living.
Teachers required to be members.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Earned disability allowance—Eligibility—Disposition upon
death of recipient.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Reinstatement.
Reduction of retirement allowance upon reemployment—
Reestablishment of membership.
Death benefits.
Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
Service credit for half-time employment from October 1,
1977, through December 31, 1986.
One-time purchase of service credit—Conditions—Payment—Rules.
Vested membership.
Transfer to plan 3—Irrevocable option.
Public employees’ retirement system members who previously declined membership in the teachers’ retirement system—Transfer to plan 3—Irrevocable option.
Refund of contributions on termination.
Reentry.
"PLAN 3"
41.32.831
41.32.835
41.32.837
41.32.840
41.32.8401
41.32.845
41.32.851
41.32.855
41.32.860
41.32.862
41.32.865
41.32.867
41.32.868
41.32.870
41.32.875
41.32.878
41.32.880
41.32.892
41.32.895
Provisions applicable to plan 3—Plan 3 elements.
Choice of membership in plan 2 or plan 3.
Right to waive benefit—Irrevocable choice.
Computation of the retirement allowance.
Additional payment.
Postretirement cost-of-living allowance.
Options for payment of retirement allowances—Courtapproved property settlement.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Reinstatement.
Reduction of retirement allowance upon reemployment—
Reestablishment of membership.
Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
Purchased service credit—Allocation.
One-time purchase of service credit—Conditions—Payment—Rules.
Lump sum payments—Reentry.
Retirement eligibility.
Member with terminal illness—Removal from system.
Earned disability allowance—Eligibility—Disposition upon
death of recipient.
Restored, purchased service credit under plan 2—Transfer to
plan 3.
Death benefits.
[Title 41 RCW—page 166]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Purpose—1989 c 272: "The legislature recognizes that inflation erodes
the purchasing power of retirement benefits. Although the benefit provided
to state retirees from social security is fully protected, the benefits provided
by the public employees’ retirement system, plan 1, and the teachers’ retirement system, plan 1 provide an automatic cost-of-living adjustment only for
persons who receive the minimum benefit.
The purpose of this act is to add provisions to the teachers’ retirement
system and the public employees’ retirement system which will help mitigate the impact of inflation on retirees of those systems. These additional
provisions are intended to reflect and implement the following policies:
(1) The minimum benefit is increased in order to provide a more adequate basic standard of living to persons who retired long ago under lower
salaries and less generous retirement benefit formulas; and
(2) Retirees whose benefits have lost forty percent of their purchasing
power are made eligible for automatic adjustments which are provided in a
manner that is consistent with the retirement age and benefit provisions of
plan 2 of the teachers’ retirement system and the public employees’ retirement system." [1989 c 272 § 1.]
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.010 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1)(a) "Accumulated contributions" for plan 1 members,
means the sum of all regular annuity contributions and,
except for the purpose of withdrawal at the time of retirement, any amount paid under RCW 41.50.165(2) with regular
interest thereon.
(b) "Accumulated contributions" for plan 2 members,
means the sum of all contributions standing to the credit of a
member in the member’s individual account, including any
amount paid under RCW 41.50.165(2), together with the regular interest thereon.
(2) "Actuarial equivalent" means a benefit of equal value
when computed upon the basis of such mortality tables and
regulations as shall be adopted by the director and regular
interest.
(3) "Adjustment ratio" means the value of index A
divided by index B.
41.32.010
(2010 Ed.)
Teachers’ Retirement
(4) "Annual increase" means, initially, fifty-nine cents
per month per year of service which amount shall be
increased each July 1st by three percent, rounded to the nearest cent.
(5) "Annuity" means the moneys payable per year during
life by reason of accumulated contributions of a member.
(6) "Average final compensation" for plan 2 and plan 3
members, means the member’s average earnable compensation of the highest consecutive sixty service credit months
prior to such member’s retirement, termination, or death.
Periods constituting authorized leaves of absence may not be
used in the calculation of average final compensation except
under RCW 41.32.810(2).
(7)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
(8) "Contract" means any agreement for service and
compensation between a member and an employer.
(9) "Creditable service" means membership service plus
prior service for which credit is allowable. This subsection
shall apply only to plan 1 members.
(10) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(11) "Dependent" means receiving one-half or more of
support from a member.
(12) "Director" means the director of the department.
(13) "Disability allowance" means monthly payments
during disability. This subsection shall apply only to plan 1
members.
(14)(a) "Earnable compensation" for plan 1 members,
means:
(i) All salaries and wages paid by an employer to an
employee member of the retirement system for personal services rendered during a fiscal year. In all cases where compensation includes maintenance the employer shall fix the
value of that part of the compensation not paid in money.
(ii) For an employee member of the retirement system
teaching in an extended school year program, two consecutive extended school years, as defined by the employer school
district, may be used as the annual period for determining
earnable compensation in lieu of the two fiscal years.
(iii) "Earnable compensation" for plan 1 members also
includes the following actual or imputed payments, which are
not paid for personal services:
(A) Retroactive payments to an individual by an
employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have
earned during a payroll period shall be considered earnable
compensation and the individual shall receive the equivalent
service credit.
(B) If a leave of absence, without pay, is taken by a
member for the purpose of serving as a member of the state
legislature, and such member has served in the legislature
five or more years, the salary which would have been
received for the position from which the leave of absence was
(2010 Ed.)
41.32.010
taken shall be considered as compensation earnable if the
employee’s contribution thereon is paid by the employee. In
addition, where a member has been a member of the state legislature for five or more years, earnable compensation for the
member’s two highest compensated consecutive years of service shall include a sum not to exceed thirty-six hundred dollars for each of such two consecutive years, regardless of
whether or not legislative service was rendered during those
two years.
(iv) For members employed less than full time under
written contract with a school district, or community college
district, in an instructional position, for which the member
receives service credit of less than one year in all of the years
used to determine the earnable compensation used for computing benefits due under RCW 41.32.497, 41.32.498, and
41.32.520, the member may elect to have earnable compensation defined as provided in RCW 41.32.345. For the purposes of this subsection, the term "instructional position"
means a position in which more than seventy-five percent of
the member’s time is spent as a classroom instructor (including office hours), a librarian, a psychologist, a social worker,
a nurse, a physical therapist, an occupational therapist, a
speech language pathologist or audiologist, or a counselor.
Earnable compensation shall be so defined only for the purpose of the calculation of retirement benefits and only as necessary to insure that members who receive fractional service
credit under RCW 41.32.270 receive benefits proportional to
those received by members who have received full-time service credit.
(v) "Earnable compensation" does not include:
(A) Remuneration for unused sick leave authorized
under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of
thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Earnable compensation" for plan 2 and plan 3 members, means salaries or wages earned by a member during a
payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under
provisions established pursuant to sections 403(b), 414(h),
and 457 of the United States Internal Revenue Code, but shall
exclude lump sum payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual
leave, or any form of severance pay.
"Earnable compensation" for plan 2 and plan 3 members
also includes the following actual or imputed payments
which, except in the case of (b)(ii)(B) of this subsection, are
not paid for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position or payments
by an employer to an individual in lieu of reinstatement in a
position which are awarded or granted as the equivalent of
the salary or wages which the individual would have earned
during a payroll period shall be considered earnable compensation, to the extent provided above, and the individual shall
receive the equivalent service credit.
(ii) In any year in which a member serves in the legislature the member shall have the option of having such member’s earnable compensation be the greater of:
(A) The earnable compensation the member would have
received had such member not served in the legislature; or
[Title 41 RCW—page 167]
41.32.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(B) Such member’s actual earnable compensation
received for teaching and legislative service combined. Any
additional contributions to the retirement system required
because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B)
of this subsection shall be paid by the member for both member and employer contributions.
(c) In calculating earnable compensation under (a) or (b)
of this subsection, the department of retirement systems shall
include any compensation forgone by a member employed by
a state agency or institution during the 2009-2011 fiscal biennium as a result of reduced work hours, mandatory or voluntary leave without pay, or temporary layoffs if the reduced
compensation is an integral part of the employer’s expenditure reduction efforts, as certified by the employer.
(15)(a) "Eligible position" for plan 2 members from June
7, 1990, through September 1, 1991, means a position which
normally requires two or more uninterrupted months of creditable service during September through August of the following year.
(b) "Eligible position" for plan 2 and plan 3 on and after
September 1, 1991, means a position that, as defined by the
employer, normally requires five or more months of at least
seventy hours of earnable compensation during September
through August of the following year.
(c) For purposes of this chapter an employer shall not
define "position" in such a manner that an employee’s
monthly work for that employer is divided into more than one
position.
(d) The elected position of the superintendent of public
instruction is an eligible position.
(16) "Employed" or "employee" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer’s direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(17) "Employer" means the state of Washington, the
school district, or any agency of the state of Washington by
which the member is paid.
(18) "Fiscal year" means a year which begins July 1st
and ends June 30th of the following year.
(19) "Former state fund" means the state retirement fund
in operation for teachers under chapter 187, Laws of 1923, as
amended.
(20) "Index" means, for any calendar year, that year’s
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items
compiled by the bureau of labor statistics, United States
department of labor.
(21) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(22) "Index B" means the index for the year prior to
index A.
(23) "Index year" means the earliest calendar year in
which the index is more than sixty percent of index A.
(24) "Local fund" means any of the local retirement
funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as
amended.
[Title 41 RCW—page 168]
(25) "Member" means any teacher included in the membership of the retirement system who has not been removed
from membership under RCW 41.32.878 or 41.32.768. Also,
any other employee of the public schools who, on July 1,
1947, had not elected to be exempt from membership and
who, prior to that date, had by an authorized payroll deduction, contributed to the member reserve.
(26) "Member account" or "member’s account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3.
(27) "Member reserve" means the fund in which all of
the accumulated contributions of members are held.
(28) "Membership service" means service rendered subsequent to the first day of eligibility of a person to membership in the retirement system: PROVIDED, That where a
member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered.
The provisions of this subsection shall apply only to plan 1
members.
(29) "Pension" means the moneys payable per year during life from the pension reserve.
(30) "Pension reserve" is a fund in which shall be accumulated an actuarial reserve adequate to meet present and
future pension liabilities of the system and from which all
pension obligations are to be paid.
(31) "Plan 1" means the teachers’ retirement system,
plan 1 providing the benefits and funding provisions covering
persons who first became members of the system prior to
October 1, 1977.
(32) "Plan 2" means the teachers’ retirement system,
plan 2 providing the benefits and funding provisions covering
persons who first became members of the system on and after
October 1, 1977, and prior to July 1, 1996.
(33) "Plan 3" means the teachers’ retirement system,
plan 3 providing the benefits and funding provisions covering
persons who first become members of the system on and after
July 1, 1996, or who transfer under RCW 41.32.817.
(34) "Prior service" means service rendered prior to the
first date of eligibility to membership in the retirement system for which credit is allowable. The provisions of this subsection shall apply only to plan 1 members.
(35) "Prior service contributions" means contributions
made by a member to secure credit for prior service. The provisions of this subsection shall apply only to plan 1 members.
(36) "Public school" means any institution or activity
operated by the state of Washington or any instrumentality or
political subdivision thereof employing teachers, except the
University of Washington and Washington State University.
(37) "Regular contributions" means the amounts
required to be deducted from the compensation of a member
and credited to the member’s individual account in the member reserve. This subsection shall apply only to plan 1 members.
(38) "Regular interest" means such rate as the director
may determine.
(39) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(2010 Ed.)
Teachers’ Retirement
(40)(a) "Retirement allowance" for plan 1 members,
means monthly payments based on the sum of annuity and
pension, or any optional benefits payable in lieu thereof.
(b) "Retirement allowance" for plan 2 and plan 3 members, means monthly payments to a retiree or beneficiary as
provided in this chapter.
(41) "Retirement system" means the Washington state
teachers’ retirement system.
(42) "Separation from service or employment" occurs
when a person has terminated all employment with an
employer. Separation from service or employment does not
occur, and if claimed by an employer or employee may be a
violation of RCW 41.32.055, when an employee and
employer have a written or oral agreement to resume employment with the same employer following termination. Mere
expressions or inquiries about postretirement employment by
an employer or employee that do not constitute a commitment to reemploy the employee after retirement are not an
agreement under this section.
(43)(a) "Service" for plan 1 members means the time
during which a member has been employed by an employer
for compensation.
(i) If a member is employed by two or more employers
the individual shall receive no more than one service credit
month during any calendar month in which multiple service
is rendered.
(ii) As authorized by RCW 28A.400.300, up to forty-five
days of sick leave may be creditable as service solely for the
purpose of determining eligibility to retire under RCW
41.32.470.
(iii) As authorized in RCW 41.32.065, service earned in
an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(b) "Service" for plan 2 and plan 3 members, means periods of employment by a member for one or more employers
for which earnable compensation is earned subject to the following conditions:
(i) A member employed in an eligible position or as a
substitute shall receive one service credit month for each
month of September through August of the following year if
he or she earns earnable compensation for eight hundred ten
or more hours during that period and is employed during nine
of those months, except that a member may not receive credit
for any period prior to the member’s employment in an eligible position except as provided in RCW 41.32.812 and
41.50.132.
(ii) Any other member employed in an eligible position
or as a substitute who earns earnable compensation during
the period from September through August shall receive service credit according to one of the following methods, whichever provides the most service credit to the member:
(A) If a member is employed either in an eligible position or as a substitute teacher for nine months of the twelve
month period between September through August of the following year but earns earnable compensation for less than
eight hundred ten hours but for at least six hundred thirty
hours, he or she will receive one-half of a service credit
month for each month of the twelve month period;
(B) If a member is employed in an eligible position or as
a substitute teacher for at least five months of a six-month
(2010 Ed.)
41.32.010
period between September through August of the following
year and earns earnable compensation for six hundred thirty
or more hours within the six-month period, he or she will
receive a maximum of six service credit months for the
school year, which shall be recorded as one service credit
month for each month of the six-month period;
(C) All other members employed in an eligible position
or as a substitute teacher shall receive service credit as follows:
(I) A service credit month is earned in those calendar
months where earnable compensation is earned for ninety or
more hours;
(II) A half-service credit month is earned in those calendar months where earnable compensation is earned for at
least seventy hours but less than ninety hours; and
(III) A quarter-service credit month is earned in those
calendar months where earnable compensation is earned for
less than seventy hours.
(iii) Any person who is a member of the teachers’ retirement system and who is elected or appointed to a state elective position may continue to be a member of the retirement
system and continue to receive a service credit month for
each of the months in a state elective position by making the
required member contributions.
(iv) When an individual is employed by two or more
employers the individual shall only receive one month’s service credit during any calendar month in which multiple service for ninety or more hours is rendered.
(v) As authorized by RCW 28A.400.300, up to forty-five
days of sick leave may be creditable as service solely for the
purpose of determining eligibility to retire under RCW
41.32.470. For purposes of plan 2 and plan 3 "forty-five
days" as used in RCW 28A.400.300 is equal to two service
credit months. Use of less than forty-five days of sick leave
is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service
credit month;
(B) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(vi) As authorized in RCW 41.32.065, service earned in
an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(vii) The department shall adopt rules implementing this
subsection.
(44) "Service credit month" means a full service credit
month or an accumulation of partial service credit months
that are equal to one.
(45) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(46) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(47) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
[Title 41 RCW—page 169]
41.32.013
Title 41 RCW: Public Employment, Civil Service, and Pensions
(48) "Substitute teacher" means:
(a) A teacher who is hired by an employer to work as a
temporary teacher, except for teachers who are annual contract employees of an employer and are guaranteed a minimum number of hours; or
(b) Teachers who either (i) work in ineligible positions
for more than one employer or (ii) work in an ineligible position or positions together with an eligible position.
(49) "Teacher" means any person qualified to teach who
is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state, educational service district, and school district superintendents and
their assistants and all employees certificated by the superintendent of public instruction; and in addition thereto any full
time school doctor who is employed by a public school and
renders service of an instructional or educational nature.
[2010 1st sp.s. c 32 § 7. Prior: 2008 c 204 § 1; 2008 c 175 §
1; prior: 2007 c 398 § 3; 2007 c 50 § 1; prior: 2005 c 131 §
8; 2005 c 23 § 1; 2003 c 31 § 1; 1997 c 254 § 3; 1996 c 39 §
1; prior: 1995 c 345 § 9; 1995 c 239 § 102; prior: 1994 c 298
§ 3; 1994 c 247 § 2; 1994 c 197 § 12; 1993 c 95 § 7; prior:
1992 c 212 § 1; 1992 c 3 § 3; prior: 1991 c 343 § 3; 1991 c
35 § 31; 1990 c 274 § 2; 1987 c 265 § 1; 1985 c 13 § 6; prior:
1984 c 256 § 1; 1984 c 5 § 1; 1983 c 5 § 1; 1982 1st ex.s. c 52
§ 6; 1981 c 256 § 5; 1979 ex.s. c 249 § 5; 1977 ex.s. c 293 §
18; 1975 1st ex.s. c 275 § 149; 1974 ex.s. c 199 § 1; 1969
ex.s. c 176 § 95; 1967 c 50 § 11; 1965 ex.s. c 81 § 1; 1963
ex.s. c 14 § 1; 1955 c 274 § 1; 1947 c 80 § 1; Rem. Supp. 1947
§ 4995-20; prior: 1941 c 97 § 1; 1939 c 86 § 1; 1937 c 221 §
1; 1931 c 115 § 1; 1923 c 187 § 1; 1917 c 163 § 1; Rem. Supp.
1941 § 4995-1.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Intent—Conflict with federal requirements—Effective date—2010
1st sp.s. c 32: See notes following RCW 42.04.060.
Findings—2007 c 398: See note following RCW 28A.405.415.
Effective date—2005 c 131: See note following RCW 41.40.823.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Intent—1994 c 298: See note following RCW 41.40.010.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 274: "(1) The current system for calculating service
credit for school district employees is difficult and costly to administer. By
changing from the current hours per month calculation to an hours per year
calculation, the accumulation of service credit by school district employees
will be easier to understand and to administer.
(2) The current system for granting service credit for substitute teachers is difficult and costly to administer. By notifying substitute teachers of
their eligibility for service credit and allowing the substitute teacher to apply
for service credit, the accumulation of service credit by substitute teachers
will be easier to understand and to administer.
(3) Currently, temporary employees in eligible positions in the public
employees’ retirement system are exempted from membership in the system
for up to six months. If the position lasts for longer than six months the
employee is made a member retroactively. This conditional exemption
causes tracking problems for the department of retirement systems and
places a heavy financial burden for back contributions on a temporary
[Title 41 RCW—page 170]
employee who crosses the six-month barrier. Under the provisions of this act
all persons, other than retirees, who are hired in an eligible position will
become members immediately, thereby alleviating the problems described in
this section.
(4) The legislature finds that retirees from the plan 2 systems of the law
enforcement officers’ and firefighters’ retirement system, the teachers’
retirement system, and the public employees’ retirement system, may not
work for a nonfederal public employer without suffering a suspension of
their retirement benefits. This fails to recognize the current and projected
demographics indicating the decreasing workforce and that the expertise
possessed by retired workers can provide a substantial benefit to the state. At
the same time, the legislature recognizes that a person who is working full
time should have his or her pension delayed until he or she enters full or partial retirement. By allowing plan 2 retirees to work in ineligible positions,
the competing concerns listed above are both properly addressed." [1990 c
274 § 1.]
Intent—Reservation—1990 c 274 §§ 2, 4: "(1) The 1990 amendments
to RCW 41.32.010(27)(b) and 41.40.450 are intended by the legislature to
effect administrative, rather than substantive, changes to the affected retirement plan. The legislature therefore reserves the right to revoke or amend
the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450. No member
is entitled to have his or her service credit calculated under the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450 as a matter of contractual
right.
(2) The department’s retroactive application of the changes made in
RCW 41.32.010(27)(b) to all service rendered between October 1, 1977, and
August 31, 1990, is consistent with the legislative intent of the 1990 changes
to RCW 41.32.010(27)(b)." [1994 c 177 § 10; 1990 c 274 § 18.]
Purpose—Application—Retrospective application—1985 c 13:See
notes following RCW 41.04.445.
Purpose—Severability—1981 c 256: See notes following RCW
41.26.030.
Reviser’s note: (1) "Subsection (3) of section 4 of this 1974 amendatory act" is codified as RCW 41.32.498(3).
(2) Sections 1 and 2 of 1974 ex.s. c 199 consist of amendments to RCW
41.32.010 and 41.32.260. For amendatory language, a portion of which was
vetoed, see the 1973-1974 session laws.
(3) "this 1974 amendatory act" [1974 ex.s. c 199] is codified in RCW
41.32.010, 41.32.260, 41.32.497, 41.32.498, and 41.32.4945. The effective
date of 1974 ex.s. c 199 is May 6, 1974.
Additional notes found at www.leg.wa.gov
41.32.013 Substitute teachers—Application for service credit—Procedures. Substitute teachers may apply to
the department to receive service credit or credit for earnable
compensation or both after the end of the last day of instruction of the school year during which the service was performed.
(1) The application must:
(a) Include a list of the employers the substitute teacher
has worked for;
(b) Include proof of hours worked and compensation
earned; and
(c) Be made prior to retirement.
(2) If the department accepts the substitute teacher’s
application for service credit, the substitute teacher may
obtain service credit by paying the required contribution to
the retirement system. The employer must pay the required
employer contribution upon notice from the department that
the substitute teacher has made contributions under this section.
(3) The department shall charge interest prospectively on
employee contributions that are submitted under this section
more than six months after the end of the school year, as
defined in *RCW 28A.150.040, for which the substitute
teacher is seeking service credit. The interest rate charged to
the employee shall take into account interest lost on employer
41.32.013
(2010 Ed.)
Teachers’ Retirement
contributions delayed for more than six months after the end
of the school year.
(4) Each employer shall quarterly notify each substitute
teacher it has employed during the school year of the number
of hours worked by, and the compensation paid to, the substitute teacher.
(5) The department shall adopt rules implementing this
section.
(6) If a substitute teacher as defined in **RCW
41.32.010(36)(b)(ii) applies to the department under this section for credit for earnable compensation earned from an
employer the substitute teacher must make contributions for
all periods of service for that employer. [1992 c 212 § 16;
1991 c 343 § 4; 1990 c 274 § 5.]
Reviser’s note: *(1) RCW 28A.150.040 was repealed by 2009 c 548 §
710, effective September 1, 2011.
**(2) RCW 41.32.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (36)(b)(ii) to subsection (48)(b)(ii).
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
41.32.020 Name of system. The name of the retirement
system provided for in this chapter shall be the "Washington
State Teachers’ Retirement System" and by this name all of
its business shall be transacted and all of its funds invested
and all of its cash, securities and other property held. [1947 c
80 § 2; Rem. Supp. 1947 § 4995-21. Prior: 1937 c 221 § 2;
Rem. Supp. 1941 § 4995-2.]
41.32.020
41.32.025 Department’s power to determine eligibility. The department is empowered within the limits of this
chapter and, with regard to restoration of service credit under
RCW 41.50.165(2), to decide on all questions of eligibility
covering membership, service credit, and benefits. [1994 c
197 § 13; 1991 c 35 § 35; 1955 c 274 § 3; 1947 c 80 § 16;
Rem. Supp. 1947 § 4995-35. Prior: 1941 c 97 § 2, part; 1937
c 221 § 3, part; Rem. Supp. 1941 § 4995-3, part. Formerly
RCW 41.32.160.]
41.32.025
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.032 Membership in system—Service credit of
educational staff associates. (1) Any teacher, as defined
under RCW 41.32.010, who is first employed by a public
school on or after June 7, 1984, shall become a member of the
retirement system if otherwise eligible.
(2) Any person who before June 7, 1984, has established
service credit under chapter 41.40 RCW while employed in
an educational staff associate position and who is employed
in such a position on or after June 7, 1984, has the following
options:
(a) To remain a member of the public employees’ retirement system notwithstanding the provisions of RCW
41.32.240 or 41.32.780; or
(b) To irrevocably elect to join the retirement system
under this chapter and to receive service credit for previous
periods of employment in any position included under RCW
41.32.010. This service credit and corresponding employee
41.32.032
(2010 Ed.)
41.32.044
contribution shall be computed as though the person had then
been a member of the retirement system under this chapter.
All employee contributions credited to a member under chapter 41.40 RCW for service now to be credited to the retirement system under this chapter shall be transferred to the system and the member shall not receive any credit nor enjoy
any rights under chapter 41.40 RCW for those periods of service. The member shall pay any difference between the
employee contributions made under chapter 41.40 RCW and
transferred under this subsection and what would have been
required under this chapter, including interest as set by the
director. The member shall be given until July 1, 1989, to
make the irrevocable election permitted under this section.
The election shall be made by submitting written notification
as required by the department requesting credit under this
section and by remitting any necessary proof of service or
payments within the time set by the department.
Any person, not employed as an educational staff associate on June 7, 1984, may, before June 30 of the fifth school
year after that person’s return to employment as a teacher,
request and establish membership and credit under this subsection. [1995 c 239 § 103; 1992 c 212 § 17; 1991 c 35 § 39;
1984 c 256 § 2. Formerly RCW 41.32.242.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Intent—1991 c 35: See note following RCW 41.26.005.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.035 Employer contribution rates—Computation and payment. The amount paid by each employer shall
be computed by applying the rates established under chapter
41.45 RCW to the total earnable compensation of the
employer’s members as shown on the current payrolls of the
employer. The employer’s contribution shall be paid at the
end of each month in the amount due for that month, except
as provided in RCW 41.32.013. [1990 c 274 § 8; 1989 c 273
§ 18; 1984 c 236 § 3. Formerly RCW 41.32.403.]
41.32.035
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Additional notes found at www.leg.wa.gov
41.32.042 Validity of deductions—Interest. The
deductions from salaries of members of the retirement system
for their contributions to the system are not considered diminution of pay and every member is conclusively presumed to
consent thereto as a condition of employment. All contributions to the member reserve shall be credited to the individual
for whose account the deductions from salary were made.
Regular interest shall be credited to each member’s account
at least annually. [1992 c 212 § 9; 1982 1st ex.s. c 52 § 13;
1947 c 80 § 46; Rem. Supp. 1947 § 4995-65. Prior: 1941 c 97
§ 5, part; 1939 c 86 § 5, part; 1937 c 221 § 6, part; Rem. Supp.
1941 § 4995-6, part. Formerly RCW 41.32.460.]
41.32.042
Additional notes found at www.leg.wa.gov
41.32.044 Retired teacher may reenter system—Benefit limitations. A retired teacher upon returning to service
in the public schools of Washington may elect to again
become a member of the retirement system: PROVIDED,
That if such a retired teacher elects to be restored to member41.32.044
[Title 41 RCW—page 171]
41.32.052
Title 41 RCW: Public Employment, Civil Service, and Pensions
ship he must establish two full years of service credit before
he will be eligible to retire under the provision of a formula
other than the one in effect at the time of his previous retirement: PROVIDED FURTHER, That where any such right to
again retire is exercised to become effective before a member
has established two full years of service credit he may elect to
retire only under the provisions of the formula in effect at the
time of his previous retirement: AND PROVIDED FURTHER, That this section shall not apply to any individual
who has returned to service and is presently in service on *the
effective date of this 1973 amendatory act. [1973 2nd ex.s. c
32 § 5; 1947 c 80 § 58; Rem. Supp. 1947 § 4995-77. Formerly RCW 41.32.580.]
*Reviser’s note: "the effective date of this 1973 amendatory act,"
because of the emergency clause footnoted to RCW 41.32.310, is September
27, 1973, the date of approval by the governor.
Additional notes found at www.leg.wa.gov
41.32.052 Exemption from taxation and judicial process—Exceptions—Nonassignability—Deductions authorized. (1) Subject to subsections (2) and (3) of this section,
the right of a person to a pension, an annuity, a retirement
allowance, or disability allowance, to the return of contributions, any optional benefit or death benefit, any other right
accrued or accruing to any person under the provisions of this
chapter and the moneys in the various funds created by this
chapter shall be unassignable, and are hereby exempt from
any state, county, municipal or other local tax, and shall not
be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law
whatsoever.
(2) This section shall not be deemed to prohibit a beneficiary of a retirement allowance who is eligible:
(a) Under RCW 41.05.080 from authorizing monthly
deductions therefrom for payment of premiums due on any
group insurance policy or plan issued for the benefit of a
group comprised of public employees of the state of Washington or its political subdivisions;
(b) Under a group health care benefit plan approved pursuant to RCW 28A.400.350 or 41.05.065 from authorizing
monthly deductions therefrom, of the amount or amounts of
subscription payments, premiums, or contributions to any
person, firm, or corporation furnishing or providing medical,
surgical, and hospital care or other health care insurance; or
(c) Under this system from authorizing monthly deductions therefrom for payment of dues and other membership
fees to any retirement association composed of retired teachers and/or public employees pursuant to a written agreement
between the director and the retirement association.
Deductions under (a) and (b) of this subsection shall be
made in accordance with rules that may be adopted by the
director.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined
41.32.052
[Title 41 RCW—page 172]
in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law. [1991 c 365 § 21;
1991 c 35 § 63; 1989 c 360 § 25; 1987 c 326 § 23; 1982 c 135
§ 1; 1981 c 294 § 13; 1979 ex.s. c 205 § 5; 1971 c 63 § 1;
1961 c 132 § 5; 1947 c 80 § 59; Rem. Supp. 1947 § 4995-78.
Prior: 1937 c 22 § 9; 1917 c 163 § 19. Formerly RCW
41.32.590.]
Reviser’s note: This section was amended by 1991 c 35 § 63 and by
1991 c 365 § 21, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.32.053 Death benefit—Course of employment—
Occupational disease or infection. (1) A one hundred fifty
thousand dollar death benefit shall be paid to the member’s
estate, or such person or persons, trust or organization as the
member has nominated by written designation duly executed
and filed with the department. If no such designated person
or persons are still living at the time of the member’s death,
the member’s death benefit shall be paid to the member’s surviving spouse as if in fact the spouse had been nominated by
written designation, or if there is no surviving spouse, then to
the member’s legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of (a) injuries sustained in the
course of employment; or (b) an occupational disease or
infection that arises naturally and proximately out of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with Title 51
RCW by the department of labor and industries. The department of labor and industries shall notify the department of
retirement systems by order under RCW 51.52.050. [2007 c
487 § 3; 2003 c 402 § 2.]
41.32.053
41.32.054 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.32.540, 41.32.550, 41.32.790, or 41.32.880 if
the disability is the result of criminal conduct by the member
committed after April 21, 1997. [1997 c 103 § 2.]
41.32.054
Additional notes found at www.leg.wa.gov
41.32.055 Falsification—Penalty. (1) Any person who
shall knowingly make false statements or shall falsify or permit to be falsified any record or records of the retirement system, except under subsection (2) of this section, in any
attempt to defraud such system as a result of such act, is
guilty of a class B felony punishable according to chapter
9A.20 RCW.
(2) Any person who shall knowingly make false statements or shall falsify or permit to be falsified any record or
records of the retirement systems related to a member’s separation from service and qualification for a retirement allowance under RCW 41.32.480 in any attempt to defraud that
system as a result of such an act, is guilty of a gross misdemeanor. [2007 c 50 § 2; 2003 c 53 § 218; 1947 c 80 § 67;
Rem. Supp. 1947 § 4995-86. Prior: 1937 c 221 § 10. Formerly RCW 41.32.670.]
41.32.055
(2010 Ed.)
Teachers’ Retirement
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
41.32.062 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect on
retirement benefits under this chapter. [1983 c 283 § 3. Formerly RCW 41.32.850.]
41.32.067
affected employee is entitled to receive the credit as a matter
of contractual right. [2007 c 49 § 2.]
41.32.062
41.32.063 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 2.]
41.32.063
41.32.064 Establishing, restoring service credit. Notwithstanding any provision to the contrary, persons who fail
to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 2.]
41.32.064
41.32.0641 Disabled in the line of duty—Continuation of service credit—Conditions. Those members subject
to this chapter who became disabled in the line of duty and
who received or are receiving benefits under Title 51 RCW or
a similar federal workers’ compensation program shall
receive or continue to receive service credit subject to the following:
(1) No member may receive more than one month’s service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the
director on both employee and employer contributions. Service credit shall not be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be
granted for a period to exceed twenty-four consecutive
months.
(7) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
41.32.0641
(2010 Ed.)
41.32.065
41.32.065 Election to use out-of-state service credit to
calculate time at which the member may retire. A member who has not purchased service credit under the provisions
of RCW 41.32.813 or 41.32.868 may elect under this section
to apply service credit earned in an out-of-state retirement
system that covers teachers in public schools solely for the
purpose of determining the time at which the member may
retire. The benefit shall be actuarially reduced to recognize
the difference between the age a member would have first
been able to retire based on service in the state of Washington
and the member’s retirement age. [2006 c 257 § 3; 1991 c
278 § 1.]
Effective date—2006 c 257: See note following RCW 41.32.813.
41.32.066
41.32.066 Purchase of additional service credit—
Costs—Rules. (1) A member eligible to retire under RCW
41.32.480, 41.32.765, or 41.32.875 may, at the time of filing
a written application for retirement with the department,
apply to the department to make a one-time purchase of up to
five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member’s benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(4) Additional service credit purchased under this section is not membership service and shall be used exclusively
to provide the member with a monthly annuity that is paid in
addition to the member’s retirement allowance. [2006 c 214
§ 2.]
Effective date—2006 c 214: See note following RCW 41.40.034.
41.32.067
41.32.067 Purchase of additional benefits—Conditions. A member may purchase additional benefits subject to
the following:
(1) The member shall pay all reasonable administrative
and clerical costs; and
(2) The member shall make a member reserve contribution to be actuarially converted to a monthly benefit at the
time of retirement. [1992 c 212 § 13; 1991 c 278 § 2.]
[Title 41 RCW—page 173]
41.32.215
Title 41 RCW: Public Employment, Civil Service, and Pensions
"PLAN 1"
41.32.215 Provisions applicable to plan 1. RCW
41.32.240 through *41.32.575 shall apply only to members
of plan 1. [1992 c 72 § 5; 1991 c 35 § 103.]
41.32.215
*Reviser’s note: RCW 41.32.575 was repealed by 1995 c 345 § 11.
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.240 Membership in system. (1) All teachers
employed full time in the public schools shall be members of
the system except alien teachers who have been granted a
temporary permit to teach as exchange teachers.
(2) A minimum of ninety days or the equivalent of ninety
days of employment during a fiscal year shall be required to
establish membership. A teacher shall be considered as
employed full time if serving regularly for four-fifths or more
of a school day or if assigned to duties which are the equivalent of four-fifths or more of a full time assignment. A teacher
who is employed for less than full time service may become
a member by filing an application with the retirement system,
submitting satisfactory proof of teaching service and making
the necessary payment before June 30 of the school year
immediately following the one during which the service was
rendered.
(3) After June 30th of the school year immediately following the one during which the less than full-time service
was rendered, the necessary payment may be made under
RCW 41.50.165(2). [1994 c 197 § 14; 1991 c 35 § 38; 1979
ex.s. c 45 § 3; 1965 ex.s. c 81 § 3; 1963 ex.s. c 14 § 4; 1961 c
132 § 1; 1955 c 274 § 7; 1947 c 80 § 24; Rem. Supp. 1947 §
4995-43. Prior: 1941 c 97 § 3, part; 1939 c 86 § 2, part; 1937
c 221 § 4, part; 1931 c 115 § 3, part; 1923 c 187 § 10, part;
Rem. Supp. 1941 § 4995-4, part.]
41.32.240
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
member’s service credit if the surviving spouse or eligible
child or children:
(a) Provides to the director proof of the member’s death
while serving in the uniformed services;
(b) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death; and
(c) Pays the employee contributions required under
chapter 41.45 RCW within five years of the date of death or
prior to the distribution of any benefit, whichever comes first.
(2) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(a) The member obtains a determination from the director that he or she is totally incapacitated for continued
employment due to conditions or events that occurred while
serving in the uniformed services;
(b) The member provides to the director proof of honorable discharge from the uniformed services; and
(c) The member pays the employee contributions
required under chapter 41.45 RCW within five years of the
director’s determination of total disability or prior to the distribution of any benefit, whichever comes first. [2005 c 64 §
6; 1992 c 212 § 8; 1991 c 35 § 40; 1974 ex.s. c 199 § 2; 1973
1st ex.s. c 189 § 1; 1971 ex.s. c 271 § 1; 1967 c 50 § 2; 1961
c 132 § 2; 1955 c 274 § 8; 1947 c 80 § 26; Rem. Supp. 1947
§ 4995-45. Prior: 1941 c 97 § 4, part; 1939 c 86 § 4, part;
1937 c 221 § 1, part; Rem. Supp. 1941 § 4995-5, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
Members’ retirement contributions—Payment by employer: RCW
41.04.445.
Additional notes found at www.leg.wa.gov
Intent—1991 c 35: See note following RCW 41.26.005.
Eligibility for retirement allowance: RCW 41.32.470.
Additional notes found at www.leg.wa.gov
41.32.260 Credit for military service or as state legislator. Any member whose public school service is interrupted by active service to the United States as a member of
its uniformed services, or to the state of Washington, as a
member of the legislature, may upon becoming reemployed
in the public schools, receive credit for that service upon presenting satisfactory proof, and contributing to the member
reserve, either in a lump sum or installments, amounts determined by the director. Except that no military service credit
in excess of five years shall be established or reestablished
after July 1, 1961, unless the service was actually rendered
during time of war. This section shall be administered in a
manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.
(1) The surviving spouse or eligible child or children of
a member who left the employ of an employer to enter the
uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased
member, apply for retirement system service credit under this
subsection up to the date of the member’s death in the uniformed services. The department shall establish the deceased
41.32.260
[Title 41 RCW—page 174]
41.32.263 State legislators and state officials eligible
for retirement benefits. A member of the retirement system
who is a member of the state legislature or a state official eligible for the combined pension and annuity provided by
RCW 41.32.497, or 41.32.498, as now or hereafter amended
shall have deductions taken from his or her salary in the
amount of seven and one-half percent of earnable compensation and that service credit shall be established with the retirement system while such deductions are reported to the retirement system, unless he or she has by reason of his or her
employment become a contributing member of another public retirement system in the state of Washington. Such elected
official who has retired or otherwise terminated his or her
public school service may then elect to terminate his or her
membership in the retirement system and receive retirement
benefits while continuing to serve as an elected official. A
member of the retirement system who had previous service as
an elected or appointed official, for which he or she did not
contribute to the retirement system, may receive credit for
such legislative service unless he or she has received credit
for that service in another state retirement system, upon making contributions in such amounts as shall be determined by
the board of trustees. [1991 c 35 § 41.]
41.32.263
Intent—1991 c 35: See note following RCW 41.26.005.
(2010 Ed.)
Teachers’ Retirement
41.32.267
41.32.267 Service credit for paid leave of absence—
Application to elected officials of labor organizations. (1)
A member who is on a paid leave of absence authorized by a
member’s employer shall continue to receive service credit as
provided under the provisions of RCW 41.32.240 through
*41.32.575.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The earnable compensation reported for a member who establishes
service credit under this subsection may not be greater than
the salary paid to the highest paid job class covered by the
collective bargaining agreement. [1993 c 95 § 5.]
*Reviser’s note: RCW 41.32.575 was repealed by 1995 c 345 § 11.
Additional notes found at www.leg.wa.gov
41.32.270
41.32.270 Teaching service, how credited. Service
rendered for four-fifths or more of the official school year of
the school district or institution in which a teacher is
employed shall be credited as a year’s service regardless of
the length of the school term, but in no case shall more than
one year of service be creditable for service rendered in one
fiscal year. Service rendered for less than four-fifths of the
official school year shall be credited for that portion of the
school year for which it was rendered: PROVIDED, That no
service of less than twenty days in any school year shall be
creditable. [1947 c 80 § 27; Rem. Supp. 1947 § 4995-46.
Prior: 1941 c 97 § 4, part; 1939 c 86 § 4, part; 1937 c 221 §
5, part; Rem. Supp. 1941 § 4995-5, part.]
41.32.300
41.32.300 Limitation on credit for out-of-state service. (1) Henceforth a total of not more than four years of
service outside of the state shall be credited to a member who
establishes or reestablishes credit for out-of-state public
school employment in this state subsequent to July 1, 1961.
Foreign public school teaching service shall be creditable as
out-of-state service.
(2) No out-of-state service credit shall be established or
reestablished subsequent to July 1, 1964, except that a member who has been granted official leave of absence by his or
her employer may, upon return to public school service in
this state, establish out-of-state membership service credit,
within the limitations of this section and conditioned upon
satisfactory proof and upon contributions to the member
reserve, for public school service rendered in another state or
in another country.
(3) No member who establishes out-of-state service
credit after July 1, 1947, shall at retirement for pension payment purposes be allowed credit for out-of-state service in
excess of the number of years credit which he or she shall
have earned in the public schools of the state of Washington.
[1992 c 212 § 14; 1991 c 35 § 42; 1963 ex.s. c 14 § 5; 1961 c
(2010 Ed.)
41.32.330
132 § 7; 1955 c 274 § 11; 1947 c 80 § 30; Rem. Supp. 1947 §
4995-49.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.32.310 Time limit for claiming service credit—
Payments. (1) Any member desiring to establish credit for
services previously rendered, must present proof and make
the necessary payments on or before June 30 of the fifth
school year of membership. Payments covering all types of
membership service credit must be made in a lump sum when
due, or in annual installments. The first annual installment of
at least twenty percent of the amount due must be paid before
the above deadline date, and the final payment must be made
by June 30th of the fourth school year following that in which
the first installment was made. The amount of payment and
the interest thereon, whether lump sum or installments, shall
be made by a method and in an amount established by the
department.
(2) A member who had the opportunity under chapter
41.32 RCW prior to July 1, 1969, to establish credit for active
United States military service or credit for professional preparation and failed to do so shall be permitted to establish
additional credit within the provisions of RCW 41.32.260
and 41.32.330. A member who was not permitted to establish
credit pursuant to section 2, chapter 32, Laws of 1973 2nd ex.
sess., for Washington teaching service previously rendered,
must present proof and make the necessary payment to establish such credit as membership service credit. Payment for
such credit must be made in a lump sum on or before June 30,
1974. Any member desiring to establish credit under the provisions of this subsection must present proof and make the
necessary payment before June 30, 1974; or, if not employed
on the effective date of this amendment, before June 30th of
the fifth school year upon returning to public school employment in this state.
(3) After June 30th of the fifth school year of membership, any member desiring to establish credit for services previously rendered, must present proof and make the necessary
payments under RCW 41.50.165(2) but prior to retirement.
[1994 c 197 § 15; 1992 c 72 § 6. Prior: 1991 c 35 § 43; 1974
ex.s. c 193 § 1; 1973 2nd ex.s. c 32 § 2; 1969 ex.s. c 150 § 9;
1965 ex.s. c 81 § 8; 1955 c 274 § 12; 1947 c 80 § 31; Rem.
Supp. 1947 § 4995-50.]
41.32.310
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.32.330 Credit for professional preparation subsequent to becoming teacher. The department may allow
credit for professional preparation to a member for attendance at institutions of higher learning, or for a scholarship or
grant under an established foundation, subsequent to becoming a public school teacher; but not more than two years of
such credit may be granted to any member. [1991 c 35 § 44;
1969 ex.s. c 150 § 10; 1955 c 274 § 14; 1947 c 80 § 33; Rem.
Supp. 1947 § 4995-52.]
41.32.330
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 175]
41.32.340
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.32.340 Creditable service, what to consist of.
Creditable service of a member at retirement shall consist of
the membership service rendered for which credit has been
allowed, and also, if a prior service certificate is in full force
and effect, the amount of the service certified on the prior service certificate. No pension payments shall be made for service credits established or reestablished after July 1, 1955, if
such credits entitle the member to retirement benefits from
any other public state or local retirement system or fund. No
pension payments shall be made for service credits established or reestablished after July 1, 1961, if such credits entitle the member to retirement benefits from a public federal
retirement system or fund for services rendered under a civilian program: PROVIDED, That no pension payments shall
be made for service credits established or reestablished after
July 1, 1969, if credit for the same service is retained for benefits under any other retirement system or fund. [1991 c 35 §
45; 1969 ex.s. c 150 § 11; 1961 c 132 § 3; 1955 c 274 § 15;
1947 c 80 § 34; Rem. Supp. 1947 § 4995-53. Prior: 1941 c 97
§ 4, part; 1939 c 86 § 4, part; 1937 c 221 § 5, part; Rem. Supp.
1941 § 4995-5, part.]
41.32.340
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.32.345 "Earnable compensation" defined for certain part-time employees—Adoption of rules. (1) Subject
to the limitations contained in this section, for the purposes of
*RCW 41.32.010(10)(a)(ii), earnable compensation means
the compensation the member would have received in the
same position if employed on a regular full-time basis for the
same contract period.
(2) In order to ensure that the benefit provided by this
section is not used to unfairly inflate a member’s retirement
allowance, the department shall adopt rules having the force
of law to govern the application of this section.
(3)(a) In adopting rules which apply to a member
employed by a school district, the department may consult
the district’s salary schedule and related workload provisions, if any, adopted pursuant to RCW 28A.405.200. The
rules may require that, in order to be eligible for this benefit,
a member’s position must either be included on the district’s
schedule, or the position must have duties, responsibilities,
and method of pay which are similar to those found on the
district’s schedule.
(b) In adopting rules which apply to a member employed
by a community college district, the department may consult
the district’s salary schedule and workload provisions contained in an agreement negotiated pursuant to chapter 28B.52
RCW, or similar documents. The rules may require that, in
order to be eligible for this benefit, a member’s position must
either be included on the district’s agreement, or the position
must have duties, responsibilities, and method of pay which
are similar to those found on the district’s agreement. The
maximum full-time work week used in calculating the benefit
for community college employees paid on an hourly rate
shall in no case exceed fifteen credit hours, twenty classroom
contact hours, or thirty-five assigned hours.
(4) If the legislature amends or revokes the benefit provided by this section, no affected employee who thereafter
retires is entitled to receive the benefit as a matter of contrac-
tual right. [1992 c 212 § 18; 1990 c 33 § 570; 1987 c 265 §
2. Formerly RCW 41.32.011.]
*Reviser’s note: RCW 41.32.010 was amended by 1994 c 298 § 3,
changing subsection (10)(a)(ii) to subsection (10)(a)(iii). RCW 41.32.010
was subsequently amended by 2003 c 31 § 1, changing subsection
(10)(a)(iii) to subsection (10)(a)(iv). RCW 41.32.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (10)(a)(iv) to subsection
(14)(a)(iv).
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
41.32.350 Purchase of additional annuity. A member
may make an additional lump sum payment at date of retirement, not to exceed the member’s accumulated contributions,
to purchase additional annuity. A contribution of six percent
of earnable compensation is required from each member,
except as provided under RCW 41.32.013. [1991 c 35 § 46;
1990 c 274 § 7; 1973 1st ex.s. c 189 § 6; 1963 ex.s. c 14 § 7;
1955 c 274 § 16; 1947 c 80 § 35; Rem. Supp. 1947 § 4995-54.
Prior: 1941 c 97 § 5, part; 1939 c 86 § 5, part; 1937 c 221 §
6, part; 1931 c 115 § 4, part; 1923 c 115 § 11, part; 1917 c 163
§ 10, part; Rem. Supp. 1941 § 4995-6, part.]
41.32.350
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
41.32.345
[Title 41 RCW—page 176]
Members’ retirement contributions—Payment by employer: RCW
41.04.445.
Additional notes found at www.leg.wa.gov
41.32.380 Source of pension reserve—Contributions.
There shall be placed in the pension reserve all appropriations made by the legislature for the purpose of paying pensions and survivors’ benefits and of establishing and maintaining an actuarial reserve and all gifts and bequests to the
pension reserve, and contributions of persons entering the
retirement system who have established prior service credit.
Members establishing prior service credit shall contribute to
the pension reserve as follows:
For the first ten years of prior service fifteen dollars per
year;
For the second ten years of prior service thirty dollars per
year;
For the third ten years of prior service forty-five dollars
per year. [1992 c 212 § 10; 1982 1st ex.s. c 52 § 8; 1947 c 80
§ 38; Rem. Supp. 1947 § 4995-57.]
41.32.380
Additional notes found at www.leg.wa.gov
41.32.390 Contributions for prior service credits. At
least twenty percent of the total amount due for prior service
credit must be paid before an application for credit may be
presented to the department for approval. The balance is not
due until date of retirement and may be paid at that time without additional charge. Any unpaid installments at the time the
member is retired for service or disability shall constitute a
first, paramount, and prior lien against his or her retirement
allowance. [1991 c 35 § 49; 1955 c 274 § 18; 1947 c 80 § 39;
Rem. Supp. 1947 § 4995-58. Prior: 1941 c 97 § 5, part; 1939
c 86 § 5, part; 1937 c 221 § 6, part; Rem. Supp. 1941 §
4995-6, part.]
41.32.390
Intent—1991 c 35: See note following RCW 41.26.005.
(2010 Ed.)
Teachers’ Retirement
41.32.470 Eligibility for retirement allowance. A
member who is not a dual member under RCW 41.54.010
must have established or reestablished with the retirement
system at least five years of credit for public school service in
this state to be entitled to a retirement allowance. [1994 c 298
§ 4; 1965 ex.s. c 81 § 4; 1963 ex.s. c 14 § 15; 1947 c 80 § 47;
Rem. Supp. 1947 § 4995-66. Prior: 1941 c 97 § 7, part; 1939
c 86 § 7, part; 1937 c 221 § 8, part; 1931 c 115 § 7, part; 1923
c 187 § 17, part; Rem. Supp. 1941 § 4995-8, part.]
41.32.470
Intent—1994 c 298: See note following RCW 41.40.010.
Additional notes found at www.leg.wa.gov
41.32.480 Qualifications for retirement. (1) Any
member who separates from service after having completed
thirty years of creditable service may retire upon the approval
by the department of an application for retirement filed on the
prescribed form. Upon retirement the member shall receive a
retirement allowance consisting of an annuity which shall be
the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as provided
in RCW 41.32.497. Effective July 1, 1967, anyone then
receiving a retirement allowance or a survivor retirement
allowance under this chapter, based on thirty-five years of
creditable service, and who has established more than thirtyfive years of service credit with the retirement system, shall
thereafter receive a retirement allowance based on the total
years of service credit established.
(2) Any member who has attained age sixty years, but
who has completed less than thirty years of creditable service, upon separation from service, may retire upon the
approval by the department of an application for retirement
filed on the prescribed form. Upon retirement the member
shall receive a retirement allowance consisting of an annuity
which shall be the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as provided in RCW 41.32.497.
(3) Any member who has attained age fifty-five years
and who has completed not less than twenty-five years of
creditable service, upon separation from service, may retire
upon the approval by the department of an application for
retirement filed on the prescribed form. Upon retirement the
member shall receive a retirement allowance which shall be
the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as provided
in RCW 41.32.497. An individual who has retired pursuant to
this subsection, on or after July 1, 1969, shall not suffer an
actuarial reduction in his or her retirement allowance, except
as the allowance may be actuarially reduced pursuant to the
options contained in RCW 41.32.530. The chapter 193, Laws
of 1974 ex. sess. amendment to this section shall be retroactive to July 1, 1969. [1997 c 254 § 4; 1991 c 35 § 53; 1974
ex.s. c 193 § 2; 1972 ex.s. c 147 § 1; 1970 ex.s. c 35 § 2; 1969
ex.s. c 150 § 14; 1967 c 151 § 1; 1955 c 274 § 21; 1947 c 80
§ 48; Rem. Supp. 1947 § 4995-67. Prior: 1941 c 97 § 7, part;
1939 c 86 § 7, part; 1937 c 221 § 8, part; 1931 c 115 § 7, part;
1923 c 187 § 17, part; Rem. Supp. 1941 § 4995-8, part.]
41.32.480
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
41.32.485
41.32.483 Annual increase amount—Legislature’s
rights reserved. (1) Beginning July 1, 2009, the annual
increase amount as defined in *RCW 41.32.010(46) shall be
increased by an amount equal to $0.40 per month per year of
service minus the 2008 gain-sharing increase amount under
**RCW 41.31.010 as it exists on July 22, 2007. This adjustment shall not decrease the annual increase amount, and is
not to exceed $0.20 per month per year of service. The legislature reserves the right to amend or repeal this section in the
future and no member or beneficiary has the contractual right
to receive this adjustment to the annual increase amount not
granted prior to that time.
(2) The adjustment to the annual increase amount as set
forth in section 5, chapter 491, Laws of 2007 was intended by
the legislature as a replacement benefit for gain-sharing. If
the repeal of ***chapter 41.31 RCW is held to be invalid in a
final determination of a court of law, and the court orders
reinstatement of gain-sharing or other alternate benefits as a
remedy, then this adjustment to the annual increase amount
shall not be included in future annual increase amounts paid
on or after the date of such reinstatement. [2007 c 491 § 5.]
41.32.483
Reviser’s note: *(1) RCW 41.32.010 was alphabetized pursuant to
RCW 1.08.015(2)(k), changing subsection (46) to subsection (4).
**(2) RCW 41.31.010 was repealed by 2007 c 491 § 13, effective January 2, 2008.
***(3) Chapter 41.31 RCW was repealed by 2007 c 491 § 13, effective
January 2, 2008.
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
41.32.485 Minimum retirement allowance—Cost-ofliving adjustment—Post-retirement adjustment—Computation. (1) Notwithstanding any provision of law to the
contrary, effective July 1, 1989, as a cost-of-living adjustment, no beneficiary receiving a retirement allowance pursuant to this chapter shall receive, as the pension portion of that
retirement allowance, less than fourteen dollars and eightytwo cents per month for each year of service creditable to the
person whose service is the basis of the pension. Portions of
a year shall be treated as fractions of a year and the decimal
equivalent shall be multiplied by fourteen dollars and eightytwo cents. Where the pension payable was adjusted at the
time benefit payments to the beneficiary commenced, the
minimum pension provided in this section shall be adjusted
in a manner consistent with that adjustment.
(2) Notwithstanding any provision of law to the contrary,
effective July 1, 1979, the retirement allowance of each beneficiary who either is receiving benefits pursuant to RCW
41.32.520 or 41.32.550 as of December 31, 1978, or commenced receiving a monthly retirement allowance under this
chapter as of a date no later than July 1, 1974, shall be permanently increased by a post-retirement adjustment. This
adjustment shall be in lieu of any adjustments provided under
*RCW 41.32.499(6) as of July 1, 1979, or July 1, 1980, for
the affected beneficiaries. Such adjustment shall be calculated as follows:
(a) Retirement allowances to which this subsection and
subsection (1) of this section are both applicable shall be
determined by first applying subsection (1) and then applying
this subsection. The department shall determine the total
years of creditable service and the total dollar benefit base
accrued as of December 31, 1978, except that this determina41.32.485
[Title 41 RCW—page 177]
41.32.4851
Title 41 RCW: Public Employment, Civil Service, and Pensions
tion shall take into account only those beneficiaries to whom
this subsection applies;
(b) The department shall multiply the total benefits
determined in (a) of this subsection by six percent and divide
the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then
be a post-retirement increase factor which shall be applied as
specified in (c) of this subsection;
(c) Each beneficiary to whom this subsection applies
shall receive an increase which is the product of the factor
determined in (b) of this subsection multiplied by the years of
creditable service.
(3) The provisions of subsections (1) and (2) of this section shall not be applicable to those receiving benefits pursuant to RCW 41.32.540 or 41.32.760 through 41.32.825.
[1989 c 272 § 5; 1987 c 455 § 1; 1986 c 306 § 2; 1979 ex.s. c
96 § 2.]
*Reviser’s note: RCW 41.32.499 was repealed by 1995 c 345 § 11.
Purpose—1989 c 272: See note following RCW 41.32.005.
Additional notes found at www.leg.wa.gov
41.32.4851 Minimum retirement allowance—Annual
adjustment—Persons who become beneficiaries after
June 30, 1995. (1) No one who becomes a beneficiary after
June 30, 1995, shall receive a monthly retirement allowance
of less than twenty-four dollars and twenty-two cents times
the number of years of service creditable to the person whose
service is the basis of such retirement allowance.
(2) If the retirement allowance payable was adjusted at
the time benefit payments to the beneficiary commenced, the
minimum allowance provided in this section shall be adjusted
in a manner consistent with that adjustment.
(3) Beginning July 1, 1996, the minimum benefit set
forth in subsection (1) of this section shall be adjusted annually by the annual increase.
(4) Those receiving a temporary disability benefit under
RCW 41.32.540 shall not be eligible for the benefit provided
by this section.
(5) Beginning July 1, 2004, the minimum benefit set
forth in subsection (1) of this section, prior to adjustments set
forth in subsection (2) of this section, for a beneficiary with at
least twenty-five years of service and who has been retired at
least twenty years shall be one thousand dollars per month.
On July 1, 2006, and each year thereafter, the minimum benefit in this subsection shall be increased by three percent,
rounded to the nearest cent.
(6) Beginning July 1, 2006, the minimum benefit set
forth in subsection (1) of this section, prior to adjustments set
forth in subsection (2) of this section, for a beneficiary with at
least twenty years of service and who has been retired at least
twenty-five years shall be one thousand dollars per month.
On July 1, 2006, and each year thereafter, the minimum benefit in this subsection shall be increased by three percent,
rounded to the nearest cent. [2006 c 244 § 1; 2004 c 85 § 1;
1995 c 345 § 3.]
41.32.4851
Effective date—2006 c 244: "This act takes effect July 1, 2006." [2006
c 244 § 3.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
[Title 41 RCW—page 178]
41.32.4872 Permanent increase for specified beneficiaries age seventy or over. (1) The amount of the July 1,
1993, increase to the retirement allowance of beneficiaries
under this chapter as a result of the temporary adjustment
authorized by section 2, chapter 519, Laws of 1993, shall be
made a permanent adjustment on July 1, 1995.
(2) Beneficiaries receiving a benefit under RCW
41.32.485 who are at least age seventy-nine shall receive on
July 1, 1995, a permanent adjustment of one dollar and eighteen cents per month per year of service.
(3) Beneficiaries under this chapter who are not subject
to subsection (1) of this section and not receiving a benefit
under RCW 41.32.485 shall receive the following permanent
adjustment to their retirement allowance on July 1, 1995:
(a) Those who are age seventy, thirty-nine cents per
month per year of service;
(b) Those who are age seventy-one, seventy-nine cents
per month per year of service; and
(c) Those who are at least age seventy-two, one dollar
and eighteen cents per month per year of service. [1995 c 345
§ 4.]
41.32.4872
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.32.489 Retirement allowance—Annual
increases—Eligibility. (1) Beginning July 1, 1995, and
annually thereafter, the retirement allowance of a person
meeting the requirements of this section shall be increased by
the annual increase amount.
(2) The following persons shall be eligible for the benefit
provided in subsection (1) of this section:
(a) A beneficiary who has received a retirement allowance for at least one year by July 1st in the calendar year in
which the annual increase is given and has attained at least
age sixty-six by December 31st in the calendar year in which
the annual increase is given; or
(b) A beneficiary whose retirement allowance is lower
than the minimum benefit provided under RCW 41.32.4851.
(3) The following persons shall also be eligible for the
benefit provided in subsection (1) of this section:
(a) A beneficiary receiving the minimum benefit on June
30, 1995, under RCW 41.32.485; or
(b) A recipient of a survivor benefit on June 30, 1995,
which has been increased by *RCW 41.32.575.
(4) If otherwise eligible, those receiving an annual
adjustment under RCW 41.32.530(1)(d) shall be eligible for
the annual increase adjustment in addition to the benefit that
would have been received absent this section.
(5) Those receiving a temporary disability benefit under
RCW 41.32.540 shall not be eligible for the benefit provided
by this section.
(6) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to receive this postretirement adjustment not
granted prior to that time. [2007 c 89 § 2; 1995 c 345 § 2.]
41.32.489
*Reviser’s note: RCW 41.32.575 was repealed by 1995 c 345 § 11.
Effective date—2007 c 89: See note following RCW 41.40.197.
Intent—1995 c 345: "The intent of this act is to:
(1) Simplify the calculation of postretirement adjustments so that they
can be more easily communicated to plan 1 active and retired members;
(2) Provide postretirement adjustments based on years of service rather
(2010 Ed.)
Teachers’ Retirement
than size of benefit;
(3) Provide postretirement adjustments at an earlier age;
(4) Provide postretirement adjustments to a larger segment of plan 1
retirees; and
(5) Simplify administration by reducing the number of plan 1 postretirement adjustments to one." [1995 c 345 § 1.]
Additional notes found at www.leg.wa.gov
41.32.498
end of each month. [1990 c 249 § 12; 1974 ex.s. c 199 § 3;
1973 1st ex.s. c 189 § 2; 1970 ex.s. c 35 § 3; 1969 ex.s. c 150
§ 15; 1963 ex.s. c 14 § 16.]
*Reviser’s note: RCW 41.32.520 was amended by 1990 c 249 § 15,
changing subsection (1) to subsection (1)(a).
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.32.4931 Additional special pension for former
members not receiving social security. (1) The benefits
provided under subsection (2) of this section shall be available only to former members who have reached age sixty-five
or are disabled for further public school service and are not
receiving federal old age, survivors or disability benefit payments (social security) and are not able to qualify for such
benefits.
(2) Effective July 1, 1987, former members who receive
the minimum retirement allowance provided by RCW
41.32.485(1) and who meet the requirements of subsection
(1) of this section shall receive an additional special pension
of ten dollars per month per year of service credit. [1987 c
455 § 6; 1973 2nd ex.s. c 32 § 3; 1967 c 151 § 6.]
41.32.4931
Additional notes found at www.leg.wa.gov
41.32.4945 Limitation as to earnable compensation
of member as member of the legislature. Notwithstanding
any other provision of RCW 41.32.010, 41.32.260,
41.32.497, 41.32.498 and this section, when the salary of any
member as a member of the legislature is increased beyond
the amount provided for in Initiative Measure No. 282 then
earnable compensation for the purposes of this chapter shall
be based solely on the sum of (1) the compensation actually
received from the salary for the job from which such leave of
absence may have been taken and (2) such member’s salary
as a legislator during the two highest compensated consecutive years. [1991 c 35 § 54; 1974 ex.s. c 199 § 6.]
41.32.4945
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.32.497 Retirement allowance for members entering system before April 25, 1973—Election. Any person
who became a member on or before April 25, 1973 and who
qualifies for a retirement allowance shall, at time of retirement, make an irrevocable election to receive either the
retirement allowance by RCW 41.32.498 as now or hereafter
amended or to receive a retirement allowance pursuant to this
section consisting of: (1) An annuity which shall be the actuarial equivalent of his accumulated contributions at his age of
retirement, (2) A basic service pension of one hundred dollars
per annum, and (3) A service pension which shall be equal to
one one-hundredth of his average earnable compensation for
his two highest compensated consecutive years of service
times the total years of creditable service established with the
retirement system: PROVIDED, That no beneficiary now
receiving benefits or who receives benefits in the future,
except those beneficiaries receiving reduced benefits pursuant to *RCW 41.32.520(1) or 41.32.530, shall receive a pension of less than six dollars and fifty cents per month for each
year of creditable service established with the retirement system. Pension benefits payable under the provisions of this
section shall be prorated on a monthly basis and paid at the
41.32.497
(2010 Ed.)
41.32.498 Retirement allowance for members entering system after April 25, 1973, or in lieu of allowance
under RCW 41.32.497. Any person who becomes a member subsequent to April 25, 1973 or who has made the election, provided by RCW 41.32.497, to receive the benefit provided by this section, shall receive a retirement allowance
consisting of:
(1) An annuity which shall be the actuarial equivalent of
his or her additional contributions on full salary as provided
by chapter 274, Laws of 1955 and his or her lump sum payment in excess of the required contribution rate made at date
of retirement, pursuant to RCW 41.32.350, if any; and
(2) A combined pension and annuity service retirement
allowance which shall be equal to two percent of his or her
average earnable compensation for his or her two highest
compensated consecutive years of service times the total
years of creditable service established with the retirement
system, to a maximum of sixty percent of such average earnable compensation: PROVIDED, That any member may
irrevocably elect, at time of retirement, to withdraw all or a
part of his or her accumulated contributions, other than any
amount paid under RCW 41.50.165(2), and to receive, in lieu
of the full retirement allowance provided by this subsection,
a reduction in the standard two percent allowance, of the
actuarially determined amount of monthly annuity which
would have been purchased by said contributions: PROVIDED FURTHER, That no member may withdraw an
amount of accumulated contributions which would lower his
or her retirement allowance below the minimum allowance
provided by RCW 41.32.497 as now or hereafter amended:
AND PROVIDED FURTHER, That said reduced amount
may be reduced even further pursuant to the options provided
in RCW 41.32.530;
(3) Notwithstanding the provisions of subsections (1)
and (2) of this section, the retirement allowance payable for
service of a member who was state superintendent of public
instruction on January 1, 1973 shall be equal to three percent
of the average earnable compensation of his two highest consecutive years of service for each year of such service. [1994
c 197 § 16; 1991 c 35 § 55; 1990 c 249 § 4; 1988 c 116 § 1;
1987 c 143 § 1; 1974 ex.s. c 199 § 4; 1973 1st ex.s. c 189 § 3.]
41.32.498
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Reviser’s note: The reference to "subsection (3) of section 3" appears
to be erroneous. Section 13 of the original bill (House Bill No. 419) referred
to equivalent language in subsection (3) of section 12 and the last proviso in
section 4, amending RCW 41.32.497. The language referred to in section 4
remains in section 2 of the final bill which amends RCW 41.32.497, but was
deleted by senate committee amendment from section 3 (formerly section 12
of the original bill) of the engrossed substitute bill, codified herein as RCW
41.32.498.
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 179]
41.32.4986
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.32.4986 Members with thirty years of service—
Irrevocable election. A member may make the irrevocable
election under this section no later than six months after
attaining thirty years of service. The election shall become
effective at the beginning of the calendar month following
department receipt of employee notification.
(1) The sum of member contributions made for periods
of service after the effective date of the election plus seven
and one-half percent interest shall be paid to the member at
retirement without a reduction in the member’s monthly
retirement benefit as determined under RCW 41.32.498.
(2) Upon retirement, the member’s benefit shall be calculated using only the earnable compensation credited prior
to the effective date of the member’s election. Calculation of
the member’s average earnable compensation shall include
eligible cash outs of annual leave based on the member’s salary and leave accumulations at the time of retirement, except
that the amount of a member’s average earnable compensation cannot be higher than if the member had not taken
advantage of the election offered under this section.
(3) Members who have already earned thirty years of
service credit prior to July 25, 1999, may participate in the
election by notifying the department in writing of their intention by December 31, 1999.
The department shall continue to collect employer contributions as required in RCW 41.45.060. [1999 c 362 § 1.]
41.32.4986
41.32.4991 Permanent retirement allowance adjustment. The dollar amount of the temporary postretirement
allowance adjustment granted by section 1, chapter 519,
Laws of 1993 shall be provided as a permanent retirement
allowance adjustment as of July 1, 1995. [1994 c 247 § 1.]
41.32.4991
Additional notes found at www.leg.wa.gov
41.32.500 Termination of membership. Membership
in the retirement system is terminated when a member retires
for service or disability, dies, or withdraws his or her accumulated contributions.
The prior service certificate becomes void when a member dies or withdraws the accumulated contributions, and any
prior administrative interpretation of the board of trustees,
consistent with this section, is hereby ratified, affirmed and
approved. [1995 c 134 § 13. Prior: 1994 c 197 § 17; 1994 c
177 § 5; 1991 c 35 § 57; 1986 c 317 § 2; 1983 c 233 § 1; 1974
ex.s. c 193 § 3; 1969 ex.s. c 150 § 16; 1967 c 50 § 6; 1965
ex.s. c 81 § 5; 1955 c 274 § 23; 1947 c 80 § 50; Rem. Supp.
1947 § 4995-69.]
41.32.500
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative findings—Intent—Severability—1986 c 317: See notes
following RCW 41.40.150.
Additional notes found at www.leg.wa.gov
41.32.510 Payment on withdrawal—Reentry. (1)
Should a member cease to be employed by an employer and
request upon a form provided by the department a refund of
the member’s accumulated contributions with interest, this
amount shall be paid to the individual less any withdrawal fee
41.32.510
[Title 41 RCW—page 180]
which may be assessed by the director which shall be deposited in the department of retirement systems expense fund.
(2) A member who files a request for a refund and subsequently enters into employment with an employer prior to the
refund being made shall not be eligible for a refund. For purposes of this section, a written or oral employment agreement
shall be considered entering into employment. [1994 c 197 §
18; 1994 c 177 § 6; 1982 1st ex.s. c 52 § 15; 1969 ex.s. c 150
§ 17; 1963 ex.s. c 14 § 17; 1955 c 274 § 24; 1947 c 80 § 51;
Rem. Supp. 1947 § 4995-70. Prior: 1941 c 97 § 6, part; 1939
c 86 § 6, part; 1937 c 221 § 7, part; Rem. Supp. 1941 §
4995-7, part.]
Reviser’s note: This section was amended by 1994 c 177 § 6 and by
1994 c 197 § 18, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Additional notes found at www.leg.wa.gov
41.32.520 Payment on death before retirement or
within sixty days following application for disability
retirement—Military service. (1) Except as specified in
subsection (3) of this section, upon receipt of proper proofs of
death of any member before retirement or before the first
installment of his or her retirement allowance shall become
due his or her accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under
RCW 41.50.670, and/or other benefits payable upon his or
her death shall be paid to his or her estate or to such persons,
trust, or organization as he or she shall have nominated by
written designation duly executed and filed with the department. If a member fails to file a new beneficiary designation
subsequent to marriage, divorce, or reestablishment of membership following termination by withdrawal, lapsation, or
retirement, payment of his or her accumulated contributions,
less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, and/or other benefits upon death
before retirement shall be made to the surviving spouse, if
any; otherwise, to his or her estate. If a member had established ten or more years of Washington membership service
credit or was eligible for retirement, the beneficiary or the
surviving spouse if otherwise eligible may elect, in lieu of a
cash refund of the member’s accumulated contributions, the
following survivor benefit plan actuarially reduced, except
under subsection (4) of this section, by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670:
(a) A widow or widower, without a child or children
under eighteen years of age, may elect a monthly payment of
fifty dollars to become effective at age fifty, provided the
member had fifteen or more years of Washington membership service credit. A benefit paid under this subsection
(1)(a) shall terminate at the marriage of the beneficiary.
(b) The beneficiary, if a surviving spouse or a dependent
(as that term is used in computing the dependent exemption
for federal internal revenue purposes) may elect to receive a
41.32.520
(2010 Ed.)
Teachers’ Retirement
joint and one hundred percent retirement allowance under
RCW 41.32.530.
(i) In the case of a dependent child the allowance shall
continue until attainment of majority or so long as the department judges that the circumstances which created his or her
dependent status continue to exist. In any case, if at the time
dependent status ceases, an amount equal to the amount of
accumulated contributions of the deceased member has not
been paid to the beneficiary, the remainder shall then be paid
in a lump sum to the beneficiary.
(ii) If at the time of death, the member was not then qualified for a service retirement allowance, the benefit shall be
based upon the actuarial equivalent of the sum necessary to
pay the accrued regular retirement allowance commencing
when the deceased member would have first qualified for a
service retirement allowance.
(2) If no qualified beneficiary survives a member, at his
or her death his or her accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670, shall be paid to his or her estate, or his
or her dependents may qualify for survivor benefits under
benefit plan (1)(b) in lieu of a cash refund of the members
accumulated contributions in the following order: Widow or
widower, guardian of a dependent child or children under age
eighteen, or dependent parent or parents.
(3) If a member dies within sixty days following application for disability retirement under RCW 41.32.550, the beneficiary named in the application may elect to receive the
benefit provided by:
(a) This section; or
(b) RCW 41.32.550, according to the option chosen
under RCW 41.32.530 in the disability application.
(4) The retirement allowance of a member who is killed
in the course of employment, as determined by the director of
the department of labor and industries, or the retirement
allowance of a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to an actuarial reduction. The
member’s retirement allowance is computed under RCW
41.32.480. [2009 c 226 § 5; 2003 c 155 § 1; 1997 c 73 § 1;
1995 c 144 § 9; 1993 c 16 § 1; 1992 c 212 § 7. Prior: 1991 c
365 § 29; 1991 c 35 § 58; 1990 c 249 § 15; 1974 ex.s. c 193
§ 5; 1973 2nd ex.s. c 32 § 4; 1973 1st ex.s. c 154 § 76; 1967
c 50 § 7; 1965 ex.s. c 81 § 6; 1957 c 183 § 3; 1955 c 274 § 25;
1947 c 80 § 52; Rem. Supp. 1947 § 4995-71; prior: 1941 c 97
§ 6; 1939 c 86 § 6; 1937 c 221 § 7; 1923 c 187 § 22; 1917 c
163 § 21; Rem. Supp. 1941 § 4995-7.]
Application—2003 c 155: "This act applies to any member killed in
the course of employment, as determined by the director of the department of
labor and industries, on or after July 1, 2001." [2003 c 155 § 9.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.530
department or to the persons as may otherwise qualify as the
beneficiary pursuant to RCW 41.32.520 upon receipt of
proper proof of death of the member if he or she:
(a) Was employed on a full time basis during the fiscal
year in which his or her death occurs;
(b) Was under contract for full time employment in a
Washington public school;
(c) Submits an application for a retirement allowance to
be approved by the department immediately following termination of his or her full-time Washington public school service and who dies before the first installment of his or her
retirement allowance becomes due;
(d) Is receiving or is entitled to receive temporary disability payments; or
(e) Upon becoming eligible for a disability retirement
allowance submits an application for an allowance to be
approved by the department immediately following the date
of his or her eligibility for a disability retirement allowance
and dies before the first installment of such allowance
becomes due.
(2) In order to receive a death benefit under this section
a deceased member:
(a) Must have established at least one year of credit with
the retirement system for full time Washington membership
service;
(b) Who was not employed full time in Washington public school service during the fiscal year immediately preceding the year of his or her death must have been employed full
time in Washington public school service for at least fifty
consecutive days during the fiscal year of his or her death.
[1995 c 144 § 10; 1992 c 212 § 4; 1991 c 35 § 59; 1974 ex.s.
c 193 § 4; 1969 ex.s. c 150 § 18; 1967 c 50 § 8; 1963 ex.s. c
14 § 20.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.32.523 Death benefits—Members not qualified
for benefits under RCW 41.32.522 and retired former
members. Upon receipt of proper proof of death of a member who does not qualify for the death benefit of six hundred
dollars under RCW 41.32.522, or a former member who was
retired for age, service, or disability, a death benefit of four
hundred dollars shall be paid to the member’s estate or to the
persons, trust, or organization as he or she shall have nominated by written designation duly executed and filed with the
department or to the persons as may otherwise qualify as the
beneficiary pursuant to RCW 41.32.520: PROVIDED, That
the member or the retired former member had established not
less than ten years of credit with the retirement system for full
time Washington membership service. [1995 c 144 § 11;
1992 c 212 § 5; 1991 c 35 § 60; 1974 ex.s. c 193 § 6; 1969
ex.s. c 150 § 19; 1967 c 50 § 9; 1965 ex.s. c 81 § 7; 1963 ex.s.
c 14 § 21.]
41.32.523
Findings—1990 c 249: See note following RCW 2.10.146.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
41.32.522 Death benefits. (1) The department shall pay
a death benefit of six hundred dollars to a member’s estate or
to the persons, trust, or organization the member nominates
by written designation duly executed and filed with the
41.32.522
(2010 Ed.)
41.32.530 Options available—Retirement allowance
adjustment—Court-approved property settlement. (1)
Upon an application for retirement for service under RCW
41.32.480 or retirement for disability under RCW 41.32.550,
41.32.530
[Title 41 RCW—page 181]
41.32.530
Title 41 RCW: Public Employment, Civil Service, and Pensions
approved by the department, every member shall receive the
maximum retirement allowance available to him or her
throughout life unless prior to the time the first installment
thereof becomes due he or she has elected, by executing the
proper application therefor, to receive the actuarial equivalent of his or her retirement allowance in reduced payments
throughout his or her life with the following options:
(a) Standard allowance. If he or she dies before he or she
has received the present value of his or her accumulated contributions at the time of his or her retirement in annuity payments, the unpaid balance shall be paid to his or her estate or
to such person, trust, or organization as he or she shall have
nominated by written designation executed and filed with the
department.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person who has an insurable interest in the member’s life. Such person shall be nominated by the member by
written designation duly executed and filed with the department at the time of retirement. The options adopted by the
department shall include, but are not limited to, a joint and
one hundred percent survivor option and a joint and fifty percent survivor option.
(c) Such other benefits shall be paid to a member receiving a retirement allowance under RCW 41.32.497 as the
member may designate for himself, herself, or others equal to
the actuarial value of his or her retirement annuity at the time
of his retirement: PROVIDED, That the board of trustees
shall limit withdrawals of accumulated contributions to such
sums as will not reduce the member’s retirement allowance
below one hundred and twenty dollars per month.
(d) A member whose retirement allowance is calculated
under RCW 41.32.498 may also elect to receive a retirement
allowance based on options available under this subsection
that includes the benefit provided under RCW 41.32.770.
This retirement allowance option shall also be calculated so
as to be actuarially equivalent to the maximum retirement
allowance and to the options available under this subsection.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member’s spouse as
the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required
as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member’s retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
[Title 41 RCW—page 182]
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.32.470 and the member’s
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
(2010 Ed.)
Teachers’ Retirement
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.32.480(2) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The separate single life benefits of the member and
the nonmember ex spouse are not (i) subject to the minimum
benefit provisions of RCW 41.32.4851, or (ii) the minimum
benefit annual increase amount eligibility provisions of RCW
41.32.489 (2)(b) and (3)(a).
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 8; 2000 c 186 § 2; 1998 c 340 § 6; 1996 c 175 § 4;
1995 c 144 § 12; 1990 c 249 § 5; 1955 c 274 § 26; 1947 c 80
§ 53; Rem. Supp. 1947 § 4995-72. Prior: 1941 c 97 § 7, part;
1939 c 86 § 7, part; 1937 c 221 § 8, part; Rem. Supp. 1941 §
4995-8, part.]
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.32.540 Disability allowance—Temporary. Upon
application of a member in service or of his or her employer
or of his or her legal guardian or of the legal representative of
a deceased member who was eligible to apply for a temporary
disability allowance based on the final illness a member shall
be granted a temporary disability allowance by the department if the medical director, after a medical examination of
the member, certifies that the member is mentally or physically incapacitated for the further performance of duty. Any
member receiving a temporary disability allowance on July 1,
1964 or who qualifies for a temporary disability allowance
effective on or after July 1, 1964 shall receive a temporary
disability allowance of one hundred eighty dollars per month
for a period not to exceed two years, but no payments shall be
made for a disability period of less than sixty days: PROVIDED, That a member who is not employed full time in
Washington public school service for consecutive fiscal years
shall have been employed for at least fifty consecutive days
during the fiscal year in which he or she returns to full time
Washington public school service before he or she may qualify for temporary disability benefits: PROVIDED FUR41.32.540
(2010 Ed.)
41.32.550
THER, That no temporary disability benefits shall be paid on
the basis of an application received more than four calendar
years after a member became eligible to apply for such benefits. [1992 c 212 § 3; 1991 c 35 § 61; 1974 ex.s. c 193 § 7;
1963 ex.s. c 14 § 18; 1959 c 37 § 1; 1955 c 274 § 27; 1947 c
80 § 54; Rem. Supp. 1947 § 4995-73. Prior: 1941 c 97 § 7,
part; 1939 c 86 § 7, part; 1937 c 221 § 8, part; Rem. Supp.
1941 § 4995-8, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.32.550 Options and allowances on report that disability will be permanent—Reexamination. (1) Should the
director determine from the report of the medical director that
a member employed under an annual contract with an
employer has become permanently disabled for the performance of his or her duties or at any time while a member is
receiving temporary disability benefits that a member’s disability will be permanent, a member shall have the option of
then receiving (a) all of the accumulated contributions in a
lump sum payment and canceling his or her membership, or
(b) of accepting a retirement allowance based on service or
age, if eligible under RCW 41.32.480, or (c) if the member
had five or more years of Washington membership service
credit established with the retirement system, a retirement
allowance because of disability.
(2) Any member applying for a retirement allowance
who is eligible for benefits on the basis of service or age shall
receive a retirement allowance based on the provision of law
governing retirement for service or age. If the member qualifies to receive a retirement allowance because of disability he
or she shall be paid the maximum annuity which shall be the
actuarial equivalent of the accumulated contributions at his or
her age of retirement and a pension equal to the service pension to which he or she would be entitled under RCW
41.32.497. If the member dies before he or she has received
in annuity payments the present value of the accumulated
contributions at the time of retirement, the unpaid balance
shall be paid to the estate or to the persons, trust, or organization nominated by written designation executed and filed
with the department.
(3) A member retired for disability may be required at
any time to submit to reexamination. If medical findings
reveal that the individual is no longer disabled for the performance of public school service, the retirement allowance
granted because of disability may be terminated by action of
the director or upon written request of the member. In case of
termination, the individual shall be restored to full membership in the retirement system. [1995 c 144 § 13; 1991 sp.s. c
11 § 6. Prior: 1991 c 365 § 33; 1991 c 35 § 62; 1970 ex.s. c
35 § 4; 1969 ex.s. c 150 § 20; 1967 c 50 § 10; 1963 ex.s. c 14
§ 19; 1961 c 132 § 4; 1959 c 37 § 2; 1955 c 274 § 28; 1947 c
80 § 55; Rem. Supp. 1947 § 4995-74; prior: 1941 c 97 § 7,
part; 1939 c 86 § 7, part; 1937 c 221 § 8, part; 1931 c 115 § 8;
1923 c 187 § 18; 1917 c 163 § 17, part; Rem. Supp. 1941 §
4995-8, part.]
41.32.550
Purpose—Effective dates—1991 sp.s. c 11: See notes following RCW
41.26.090.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 183]
41.32.555
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.32.555 Persons with annual half-time contracts—
Eligibility for benefits under RCW 41.32.550. Persons
who were under an annual half-time contract with an
employer anytime during the period of September 1, 1986,
through August 31, 1987, shall be eligible for benefits provided by RCW 41.32.550, as amended by chapter 365, Laws
of 1991, effective beginning the month following when they
left service due to their disability if during that period they
were medically determined to be permanently disabled for
the performance of their duty.
A member who qualifies for benefits under this section
who has not begun receiving benefits prior to June 11, 1992,
shall be permitted to select a survivor option pursuant to
RCW 41.32.530. [1992 c 212 § 19; 1991 c 365 § 34.]
41.32.555
Additional notes found at www.leg.wa.gov
41.32.570 Postretirement employment—Reduction
or suspension of pension payments. (1)(a) If a retiree
enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree’s monthly
retirement allowance will be reduced by five and one-half
percent for every seven hours worked during that month.
This reduction will be applied each month until the retiree
remains absent from employment with an employer for one
full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any monthly benefit reduction over one hundred
percent will be applied to the benefit the retiree is eligible to
receive in subsequent months.
(2) Except under subsection (3) of this section, any
retired teacher or retired administrator who enters service in
any public educational institution in Washington state at least
one calendar month after his or her accrual date shall cease to
receive pension payments while engaged in such service,
after the retiree has rendered service for more than eight hundred sixty-seven hours in a school year.
(3) Any retired teacher or retired administrator who
enters service in any public educational institution in Washington state one and one-half calendar months or more after
his or her accrual date and:
(a) Is hired pursuant to a written policy into a position for
which the school board has documented a justifiable need to
hire a retiree into the position;
(b) Is hired through the established process for the position with the approval of the school board or other highest
decision-making authority of the prospective employer;
(c) Whose employer retains records of the procedures
followed and the decisions made in hiring the retired teacher
or retired administrator and provides those records in the
event of an audit; and
(d) The employee has not already rendered a cumulative
total of more than one thousand nine hundred hours of service
while in receipt of pension payments beyond an annual
threshold of eight hundred sixty-seven hours;
shall cease to receive pension payments while engaged in that
service after the retiree has rendered service for more than
one thousand five hundred hours in a school year. The one
thousand nine hundred hour cumulative total limitation under
this section applies prospectively after July 22, 2007.
41.32.570
[Title 41 RCW—page 184]
(4) When a retired teacher or administrator renders service beyond eight hundred sixty-seven hours, the department
shall collect from the employer the applicable employer
retirement contributions for the entire duration of the member’s employment during that fiscal year.
(5) The department shall collect and provide the state
actuary with information relevant to the use of this section for
the select committee on pension policy.
(6) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to be employed for more than five hundred
twenty-five hours per year without a reduction of his or her
pension. [2007 c 50 § 3; 2003 c 295 § 6. Prior: 2001 2nd
sp.s. c 10 § 3; (2001 c 317 § 1 repealed by 2003 c 412 § 3);
1999 c 387 § 1; 1997 c 254 § 5; 1995 c 264 § 1; 1994 c 69 §
2; 1989 c 273 § 29; 1986 c 237 § 1; 1967 c 151 § 5; 1959 c 37
§ 3; 1955 c 274 § 30; 1947 c 80 § 57; Rem. Supp. 1947 §
4995-76.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Findings—1994 c 69: "The legislature finds that there is a shortage of
certificated substitute teachers in many regions of the state, and that this
shortage will likely increase in the coming years. The legislature further
finds that one method of reducing this shortage of substitute teachers is to
encourage retired teachers to serve as substitutes by increasing the number of
days they can work without affecting their retirement payments." [1994 c 69
§ 1.]
Contract rights of retirees hired for postretirement employment: RCW
28A.405.900.
Additional notes found at www.leg.wa.gov
41.32.581 End of participation in judicial retirement
account plan—Newly elected or appointed judges. Beginning January 1, 2007, any newly elected or appointed
supreme court justice, court of appeals judge, or superior
court judge, who is a member of plan 1, shall not participate
in the judicial retirement account plan under chapter 2.14
RCW in lieu of prospective contribution and benefit provisions under chapter 189, Laws of 2006. [2006 c 189 § 3.]
41.32.581
Effective date—2006 c 189: See note following RCW 2.14.115.
41.32.584 Additional benefit for justices or judges—
One-time irrevocable election. (1) Between January 1,
2007, and December 31, 2007, a member of plan 1 employed
as a supreme court justice, court of appeals judge, or superior
court judge may make a one-time irrevocable election, filed
in writing with the member’s employer, the department, and
the administrative office of the courts, to accrue an additional
benefit equal to one and one-half percent of average final
compensation for each year of future service credit from the
date of the election.
(2)(a) A member who chooses to make the election
under subsection (1) of this section may apply to the department to increase the member’s benefit multiplier by one and
one-half percent per year of service for the period in which
the member served as a justice or judge prior to the election.
The member may purchase, beginning with the most recent
judicial service, the higher benefit multiplier for up to seventy percent of that portion of the member’s prior judicial
service that would ensure that the member has no more than
41.32.584
(2010 Ed.)
Teachers’ Retirement
a seventy-five percent of average final compensation benefit
accrued by age sixty-four. The member shall pay five percent of the salary earned for each month of service for which
the higher benefit multiplier is being purchased, plus interest
as determined by the director. The purchase price shall not
exceed the actuarially equivalent value of the increase in the
member’s benefit resulting from the increase in the benefit
multiplier. This payment must be made prior to retirement
and prior to December 31, 2007. After December 31, 2007, a
member may purchase the higher benefit multiplier for any of
the member’s prior judicial service at the actuarially equivalent value of the increase in the member’s benefit resulting
from the increase in the benefit multiplier, as determined by
the director.
(b) Subject to rules adopted by the department, a member
applying to increase the member’s benefit multiplier under
this section may pay all or part of the cost with a lump sum
payment, eligible rollover, direct rollover, or trustee-totrustee transfer from an eligible retirement plan. The department shall adopt rules to ensure that all lump sum payments,
rollovers, and transfers comply with the requirements of the
internal revenue code and regulations adopted by the internal
revenue service. The rules adopted by the department may
condition the acceptance of a rollover or transfer from
another plan on the receipt of information necessary to enable
the department to determine the eligibility of any transferred
funds for tax-free rollover treatment or other treatment under
federal income tax law. [2007 c 123 § 5; 2006 c 189 § 7.]
Effective date—2006 c 189: See note following RCW 2.14.115.
41.32.587
41.32.587 Justices or judges retirement allowance—
In lieu of RCW 41.32.498. (1) In lieu of the retirement
allowance provided under RCW 41.32.498, the retirement
allowance payable for service as a supreme court justice,
court of appeals judge, or superior court judge, for those justices or judges who elected to participate under RCW
41.32.584(1), shall be equal to three and one-half percent of
average final compensation for each year of service earned
after the date of the election. The total retirement benefit
accrued or purchased under chapter 189, Laws of 2006 in
combination with benefits accrued during periods served
prior to the election shall not exceed seventy-five percent of
average final compensation.
(2) In lieu of the retirement allowance provided under
RCW 41.32.498, the retirement allowance payable for service as a supreme court justice, court of appeals judge, or
superior court judge, for those justices or judges newly
elected or appointed after January 1, 2007, shall be equal to
three and one-half percent of average final compensation for
each year of service after January 1, 2007. The total retirement benefits accrued under chapter 189, Laws of 2006 in
combination with benefits accrued during periods served
prior to January 1, 2007, shall not exceed seventy-five percent of average final compensation. [2006 c 189 § 11.]
Effective date—2006 c 189: See note following RCW 2.14.115.
(2010 Ed.)
41.32.762
"PLAN 2"
41.32.755 Provisions applicable to plan 2. RCW
41.32.760 through 41.32.825 shall apply only to plan 2 members. [1992 c 72 § 7; 1977 ex.s. c 293 § 2.]
41.32.755
Additional notes found at www.leg.wa.gov
41.32.760 Computation of the retirement allowance.
A member of the retirement system shall receive a retirement
allowance equal to two percent of such member’s average
final compensation for each year of service. [1977 ex.s. c 293
§ 3.]
41.32.760
Additional notes found at www.leg.wa.gov
41.32.762 Lump sum retirement allowance—Reentry—Conditions for reinstatement of service. (1) On or
after June 10, 1982, the director may pay a beneficiary, subject to the provisions of subsection (5) of this section, a lump
sum payment in lieu of a monthly benefit if the initial
monthly benefit computed in accordance with RCW
41.32.760 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of
such monthly benefits or an amount equal to the individual’s
accumulated contributions plus accrued interest.
(2) A beneficiary, subject to the provisions of subsection
(5) of this section, who is receiving a regular monthly benefit
of less than fifty dollars may request, in writing, to convert
from a monthly benefit to a lump sum payment. If the director
approves the conversion, the calculation of the actuarial
equivalent of the total estimated regular benefit will be computed based on the beneficiary’s age at the time the benefit
initially accrued. The lump sum payment will be reduced to
reflect any payments received on or after the initial benefit
accrual date.
(3) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to re-retiring,
whichever comes first. In computing the amount due, the
director shall exclude the accumulated value of the normal
payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.32.760 or an earned disability allowance under RCW 41.32.790 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [1994 c 197 § 19; 1982 c 144 § 2.]
41.32.762
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
[Title 41 RCW—page 185]
41.32.765
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.32.765 Retirement for service. (1) NORMAL
RETIREMENT. Any member with at least five service
credit years of service who has attained at least age sixty-five
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.32.760.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years of service who
has attained at least age fifty-five shall be eligible to retire
and to receive a retirement allowance computed according to
the provisions of RCW 41.32.760, except that a member
retiring pursuant to this subsection shall have the retirement
allowance actuarially reduced to reflect the difference in the
number of years between age at retirement and the attainment
of age sixty-five.
(3) ALTERNATE EARLY RETIREMENT.
(a) Any member who has completed at least thirty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed
according to the provisions of RCW 41.32.760, except that a
member retiring pursuant to this subsection shall have the
retirement allowance reduced by three percent per year to
reflect the difference in the number of years between age at
retirement and the attainment of age sixty-five.
(b) On or after September 1, 2008, any member who has
completed at least thirty service credit years and has attained
age fifty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of
RCW 41.32.760, except that a member retiring pursuant to
this subsection shall have the retirement allowance reduced
as follows:
41.32.765
Retirement
Age
55
56
57
58
59
60
61
62
63
64
Percent
Reduction
20%
17%
14%
11%
8%
5%
2%
0%
0%
0%
Any member who retires under the provisions of this
subsection is ineligible for the postretirement employment
provisions of RCW 41.32.802(2) until the retired member has
reached sixty-five years of age. For purposes of this subsection, employment with an employer also includes any personal service contract, service by an employer as a temporary
or project employee, or any other similar compensated relationship with any employer included under the provisions of
RCW 41.32.800(1).
The subsidized reductions for alternate early retirement
in this subsection as set forth in section 2, chapter 491, Laws
of 2007 were intended by the legislature as replacement benefits for gain-sharing. Until there is legal certainty with
respect to the repeal of *chapter 41.31A RCW, the right to
[Title 41 RCW—page 186]
retire under this subsection is noncontractual, and the legislature reserves the right to amend or repeal this subsection.
Legal certainty includes, but is not limited to, the expiration
of any: Applicable limitations on actions; and periods of time
for seeking appellate review, up to and including reconsideration by the Washington supreme court and the supreme
court of the United States. Until that time, eligible members
may still retire under this subsection, and upon receipt of the
first installment of a retirement allowance computed under
this subsection, the resulting benefit becomes contractual for
the recipient. If the repeal of *chapter 41.31A RCW is held
to be invalid in a final determination of a court of law, and the
court orders reinstatement of gain-sharing or other alternate
benefits as a remedy, then retirement benefits for any member who has completed at least thirty service credit years and
has attained age fifty-five but has not yet received the first
installment of a retirement allowance under this subsection
shall be computed using the reductions in (a) of this subsection. [2007 c 491 § 2; 2000 c 247 § 902; 1991 c 343 § 5; 1977
ex.s. c 293 § 4.]
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Benefits not contractual right until September 1, 2008—2007 c 491:
"The new benefits provided pursuant to sections 2(3)(b), 4(3)(b), 6(3)(b),
and 8(3)(b), chapter 491, Laws of 2007 are not provided to employees as a
matter of contractual right prior to September 1, 2008, and will not become
a contractual right thereafter if the repeal of chapter 41.31A RCW is held to
be invalid in a final determination of a court of law. The legislature retains
the right to alter or abolish these benefits at any time prior to September 1,
2008." [2007 c 491 § 15.]
Severability—2007 c 491: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 491 § 18.]
Conflict with federal requirements—2007 c 491: "If any part of this
act is found to be in conflict with a final determination by the federal internal
revenue service that is a prescribed condition to favorable tax treatment of
one or more of the retirement plans, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the individual
members directly affected. This finding does not affect the operation of the
remainder of this act in its application to the members concerned. The legislature reserves the right to amend or repeal this act in the future as may be
required to comply with a final federal determination that amendment or
repeal is necessary to maintain the favorable tax treatment of a plan." [2007
c 491 § 14.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Additional notes found at www.leg.wa.gov
41.32.768
41.32.768 Member with terminal illness—Removal
from system. (1) Upon application of the member, a member who is diagnosed with a terminal illness shall be removed
from the system subject to the following conditions:
(a) That the medical adviser, after a medical examination
of the member made by or under the direction of the medical
adviser, has certified in writing that the member has a terminal illness with a life expectancy of five or fewer years; and
(b) That the director concurs in the recommendation of
the medical adviser.
(2010 Ed.)
Teachers’ Retirement
(2) Members removed from the system shall not make
contributions and shall not accumulate additional service
credit.
(3) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to this benefit not granted prior to that
amendment or repeal. [2005 c 131 § 5.]
Effective date—2005 c 131: See note following RCW 41.40.823.
41.32.770 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1977 ex.s. c 293 § 5.]
41.32.770
Additional notes found at www.leg.wa.gov
41.32.780 Teachers required to be members. All
teachers who become employed by an employer in an eligible
position on or after October 1, 1977, shall be members of the
retirement system and shall be governed by the provisions of
RCW 41.32.755 through 41.32.825. [1991 c 35 § 67; 1990 c
274 § 15; 1979 ex.s. c 45 § 5; 1977 ex.s. c 293 § 7.]
41.32.780
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Additional notes found at www.leg.wa.gov
41.32.785 Options for payment of retirement allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for service as prescribed in RCW 41.32.765 or retirement for disability under RCW 41.32.790, a member shall elect to have
the retirement allowance paid pursuant to the following
options, calculated so as to be actuarially equivalent to each
other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
41.32.785
(2010 Ed.)
41.32.785
member’s life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree’s accumulated contributions at the
time of retirement, then the balance shall be paid to the member’s estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree’s death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree’s
legal representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a designated person. Such person shall be nominated
by the member by written designation duly executed and
filed with the department at the time of retirement. The
options adopted by the department shall include, but are not
limited to, a joint and one hundred percent survivor option
and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and member’s
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member’s spouse as
the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required
as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member’s retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
[Title 41 RCW—page 187]
41.32.790
Title 41 RCW: Public Employment, Civil Service, and Pensions
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.32.815 and the member’s
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.32.765(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
[Title 41 RCW—page 188]
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 9; 2000 c 186 § 4; 1998 c 340 § 7; 1996 c 175 § 5;
1995 c 144 § 14; 1990 c 249 § 6; 1977 ex.s. c 293 § 8.]
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.32.790 Earned disability allowance—Eligibility—
Disposition upon death of recipient. (1) A member of the
retirement system who becomes totally incapacitated for continued employment by an employer as determined by the
department upon recommendation of the department shall be
eligible to receive an allowance under the provisions of RCW
41.32.755 through 41.32.825. The member shall receive a
monthly disability allowance computed as provided for in
RCW 41.32.760 and shall have the allowance actuarially
reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If medical
examinations reveal that a member has recovered from the
incapacitating disability and the member is offered reemployment by an employer at a comparable compensation, the
member shall cease to be eligible for the allowance.
(2)(a) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member’s estate, or the person or
persons, trust, or organization as the recipient has nominated
by written designation duly executed and filed with the director, or, if there is no designated person or persons still living
at the time of the recipient’s death, then to the surviving
spouse, or, if there is neither a designated person or persons
still living at the time of his or her death nor a surviving
spouse, then to his or her legal representative.
(b) If a recipient of a monthly retirement allowance
under this section died before April 27, 1989, and before the
total of the retirement allowance paid to the recipient equaled
the amount of his or her accumulated contributions at the date
of retirement, then the department shall pay the balance of the
accumulated contributions to the member’s surviving spouse
or, if there is no surviving spouse, then in equal shares to the
member’s children. If there is no surviving spouse or children, the department shall retain the contributions. [1995 c
144 § 15; 1991 c 35 § 68; 1990 c 249 § 20; 1989 c 191 § 2;
1977 ex.s. c 293 § 9.]
41.32.790
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.32.795 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
41.32.795
(2010 Ed.)
Teachers’ Retirement
receive a retirement allowance under the provisions of RCW
41.32.765, 41.32.790, or 41.32.805 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.32.765 shall accrue from the first day
of the calendar month immediately following such member’s
separation from employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance pursuant to RCW 41.32.765, shall accrue from the first day of the
calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.32.790 shall accrue from the
first day of the calendar month immediately following such
member’s separation from employment for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.32.805 shall accrue from the first
day of the calendar month immediately following the member’s death. [1977 ex.s. c 293 § 10.]
Additional notes found at www.leg.wa.gov
41.32.800 Suspension of retirement allowance upon
reemployment—Reinstatement. (1) Except as provided in
RCW 41.32.802, no retiree under the provisions of plan 2
shall be eligible to receive such retiree’s monthly retirement
allowance if he or she is employed in an eligible position as
defined in RCW 41.40.010, 41.32.010, 41.37.010, or
41.35.010, or as a law enforcement officer or firefighter as
defined in RCW 41.26.030.
If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree’s benefits
shall be actuarially recomputed pursuant to the rules adopted
by the department.
(2) The department shall adopt rules implementing this
section. [2004 c 242 § 55; 1998 c 341 § 605; 1997 c 254 § 6;
1990 c 274 § 13; 1977 ex.s. c 293 § 11.]
41.32.800
Effective date—2004 c 242: See RCW 41.37.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Additional notes found at www.leg.wa.gov
41.32.802 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (1)(a)
If a retiree enters employment with an employer sooner than
one calendar month after his or her accrual date, the retiree’s
monthly retirement allowance will be reduced by five and
one-half percent for every seven hours worked during that
month. This reduction will be applied each month until the
retiree remains absent from employment with an employer
for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
41.32.802
(2010 Ed.)
41.32.805
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section, may work up to
eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010,
41.37.010, or 41.40.010, or as a firefighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.32.044, he or she terminates his or her retirement
status and immediately becomes a member. Retirement benefits shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible. [2004 c 242 § 61; 2001 2nd sp.s. c 10 § 8; 1997 c
254 § 8.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.32.805 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member’s
credit in the retirement system, less any amount identified as
owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670,
at the time of such member’s death shall be paid to the member’s estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member’s death, such member’s accumulated contributions standing to such member’s credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member’s surviving spouse as if in fact such spouse had been
nominated by written designation, or if there be no such surviving spouse, then to such member’s legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible children shall elect to receive
either:
(a) A retirement allowance computed as provided for in
RCW 41.32.765, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.32.785 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.32.765; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall
continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
41.32.805
[Title 41 RCW—page 189]
41.32.810
Title 41 RCW: Public Employment, Civil Service, and Pensions
allowance at the time of the member’s death, such member’s
child or children under the age of majority shall receive an
allowance share and share alike calculated as herein provided
making the assumption that the ages of the spouse and member were equal at the time of the member’s death; or
(b) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after
October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the
member’s credit, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be
paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member’s death, then to the member’s legal representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, or a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to an actuarial reduction under
RCW 41.32.765. The member’s retirement allowance is
computed under RCW 41.32.760. [2009 c 226 § 6; 2003 c
155 § 2; 2000 c 247 § 1002; 1995 c 144 § 16; 1993 c 236 § 4;
1991 c 365 § 30; 1990 c 249 § 16; 1977 ex.s. c 293 § 12.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.32.810 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member’s employer shall continue to
receive service credit as provided for under the provisions of
RCW 41.32.755 through 41.32.825.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
earnable compensation reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
41.32.810
[Title 41 RCW—page 190]
(3) Except as specified in subsection (6) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member’s entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if the member makes both the employer and
member contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to retirement whichever comes sooner.
(4) If a member fails to meet the time limitations of subsection (3) of this section, the member may receive a maximum of two years of service credit during a member’s working career for those periods when a member is on unpaid
leave of absence authorized by an employer. This may be
d o n e b y p ay in g t h e a m o u n t r e q u i r ed u n d e r R C W
41.50.165(2) prior to retirement.
(5) For the purpose of subsection (3) of this section, the
contribution shall not include the contribution for the
unfunded supplemental present value as required by *RCW
41.32.775. The contributions required shall be based on the
average of the member’s earnable compensation at both the
time the authorized leave of absence was granted and the time
the member resumed employment.
(6) A member who leaves the employ of an employer to
enter the uniformed services of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment
rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member’s honorable discharge from the uniformed services of the United States, the
member applies for reemployment with the employer who
employed the member immediately prior to the member
entering the uniformed services; and
(ii) The member makes the employee contributions
required under *RCW 41.32.775 within five years of resumption of service or prior to retirement, whichever comes
sooner; or
(iii) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2); or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(b) Upon receipt of member contributions under (a)(ii),
(d)(iii), or (e)(iii) of this subsection, or adequate proof under
(a)(iv), (d)(iv), or (e)(iv) of this subsection, the department
(2010 Ed.)
Teachers’ Retirement
shall establish the member’s service credit and shall bill the
employer for its contribution required under *RCW
41.32.775 for the period of military service, plus interest as
determined by the department.
(c) The contributions required under (a)(ii), (d)(iii), or
(e)(iii) of this subsection shall be based on the compensation
the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation
reported for the member in the year prior to when the member
went on military leave.
(d) The surviving spouse or eligible child or children of
a member who left the employ of an employer to enter the
uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased
member, apply for retirement system service credit under this
subsection up to the date of the member’s death in the uniformed services. The department shall establish the deceased
member’s service credit if the surviving spouse or eligible
child or children:
(i) Provides to the director proof of the member’s death
while serving in the uniformed services;
(ii) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death; and
(iii) Pays the employee contributions required under
chapter 41.45 RCW within five years of the date of death or
prior to the distribution of any benefit, whichever comes first;
or
(iv) Prior to the distribution of any benefit, provides to
the director proof that the member’s interruptive military service was during a period of war as defined in RCW
41.04.005. If the deceased member made payments for service credit for interruptive military service during a period of
war as defined in RCW 41.04.005, the surviving spouse or
eligible child or children may, prior to the distribution of any
benefit and on a form provided by the department, request a
refund of the funds standing to the deceased member’s credit
for up to five years of such service, and this amount shall be
paid to the surviving spouse or children. Members with one
or more periods of interruptive military service during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(e) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(i) The member obtains a determination from the director
that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving
in the uniformed services;
(ii) The member provides to the director proof of honorable discharge from the uniformed services; and
(iii) The member pays the employee contributions
required under chapter 41.45 RCW within five years of the
director’s determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
(2010 Ed.)
41.32.813
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection. [2009
c 205 § 6; 2005 c 64 § 7; 1996 c 61 § 2; 1994 c 197 § 20; 1993
c 95 § 6; 1992 c 119 § 2; 1977 ex.s. c 293 § 13.]
*Reviser’s note: RCW 41.32.775 was repealed by 1995 c 239 § 326,
effective July 1, 1996.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Additional notes found at www.leg.wa.gov
41.32.812 Service credit for half-time employment
from October 1, 1977, through December 31, 1986. The
department of retirement systems shall credit at least one-half
service credit month for each month of each school year, as
defined by *RCW 28A.150.040, from October 1, 1977,
through December 31, 1986, to a member of the teachers’
retirement system plan 2 who was employed by an employer,
as defined by RCW 41.32.010, under a contract for half-time
employment as determined by the department for such school
year and from whose compensation contributions were paid
by the employee or picked up by the employer. Any withdrawn contributions shall be restored under **RCW
41.32.500(1) or 41.50.165 prior to crediting any service.
[1994 c 197 § 21; 1992 c 212 § 20; 1991 c 343 § 12.]
41.32.812
Reviser’s note: *(1) RCW 28A.150.040 was repealed by 2009 c 548 §
710, effective September 1, 2011.
**(2) RCW 41.32.500(1) was renumbered by 1994 c 197 § 17 and
deleted in large part by 1994 c 177 § 5.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
41.32.813 One-time purchase of service credit—Conditions—Payment—Rules. (1) An active member who has
completed a minimum of two years of creditable service in
the teachers’ retirement system may, upon written application to the department, make a one-time purchase of up to
seven years of service credit for public education experience
outside the Washington state retirement system, subject to the
following limitations:
(a) The public education experience being claimed must
have been performed as a teacher in a public school in
another state or with the federal government;
(b) The public education experience being claimed must
have been covered by a retirement or pension plan provided
by a state or political subdivision of a state, or by the federal
government; and
(c) The member is not currently receiving a benefit or
currently eligible to receive an unreduced retirement benefit
from a retirement or pension plan of a state or political subdivision of a state or the federal government that includes the
service credit to be purchased.
41.32.813
[Title 41 RCW—page 191]
41.32.815
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) The service credit purchased shall be membership
service, and may be used to qualify the member for retirement.
(3) The member shall pay the actuarial value of the
resulting increase in the member’s benefit calculated in a
manner consistent with the department’s method for calculating payments for reestablishing service credit under RCW
41.50.165.
(4) The member may pay all or part of the cost of the service credit to be purchased with a lump sum payment, eligible rollover, direct rollover, or trustee-to-trustee transfer from
an eligible retirement plan. The department shall adopt rules
to ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(5) The employer also may pay all or a portion of the
member’s cost of the service credit purchased under this section. [2008 c 101 § 1; 2006 c 257 § 1.]
Effective date—2006 c 257: "This act takes effect January 1, 2007."
[2006 c 257 § 4.]
41.32.815 Vested membership. A member who separates or has separated after having completed at least five
years of service may remain a member during the period of
such member’s absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of RCW 41.32.765 if such member maintains the
member’s accumulated contributions intact. [1977 ex.s. c
293 § 14.]
41.32.815
Additional notes found at www.leg.wa.gov
41.32.817 Transfer to plan 3—Irrevocable option.
(1) Every plan 2 member employed by an employer in an eligible position may make an irrevocable option to transfer to
plan 3.
(2) Any plan 2 member who is a substitute teacher may
make an irrevocable option to transfer to plan 3 at the time the
member purchases substitute service credit pursuant to RCW
41.32.013, pursuant to time lines and procedures established
by the department.
(3) Any plan 2 member, other than a substitute teacher,
who wishes to transfer to plan 3 after December 31, 1997,
may transfer during the month of January in any following
year, provided that the member earns service credit for that
month.
(4) All service credit in plan 2 shall be transferred to the
defined benefit portion of plan 3.
(5) The accumulated contributions in plan 2 less fifty
percent of any contributions made pursuant to RCW
41.50.165(2) shall be transferred to the member’s account in
the defined contribution portion established in chapter 41.34
RCW, pursuant to procedures developed by the department
and subject to RCW 41.34.090. Contributions made pursuant
to RCW 41.50.165(2) that are not transferred to the member’s account shall be transferred to the fund created in RCW
41.32.817
[Title 41 RCW—page 192]
41.50.075(2), except that interest earned on all such contributions shall be transferred to the member’s account.
(6) The legislature reserves the right to discontinue the
right to transfer under this section.
(7) Anyone previously retired from plan 2 is prohibited
from transferring to plan 3. [1996 c 39 § 2; 1995 c 239 §
303.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.818 Public employees’ retirement system members who previously declined membership in the teachers’ retirement system—Transfer to plan 3—Irrevocable
option. Any member of the public employees’ retirement
system plan 2 who is employed in an eligible position as an
educational staff associate and who elected pursuant to RCW
41.32.032(2)(a) to remain a member of the public employees’
retirement system under chapter 41.40 RCW may make an
irrevocable option before January 1, 1998, to transfer to plan
3 pursuant to RCW 41.32.817, PROVIDED THAT:
(1) Only service credit for previous periods of employment in a position covered by RCW 41.32.010 is transferred
to plan 3;
(2) Equivalent accumulated employee and employer
contributions attributable to service covered by subsection
(1) of this section are transferred to plan 3;
(3) Employer contributions transferred under this section
shall be paid into the teachers’ retirement system combined
plan 2 and 3 fund. [1996 c 39 § 3; 1995 c 239 § 304.]
41.32.818
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.820 Refund of contributions on termination. A
member who ceases to be an employee of an employer except
by service or disability retirement may request a refund of the
member’s accumulated contributions. The refund shall be
made within ninety days following the receipt of the request
and notification of termination through the contribution
reporting system by the employer; except that in the case of
death, an initial payment shall be made within thirty days of
receipt of request for such payment and notification of termination through the contribution reporting system by the
employer. A member who files a request for refund and subsequently enters into employment with another employer
prior to the refund being made shall not be eligible for a
refund. The refund of accumulated contributions shall terminate membership and all benefits under the provisions of
RCW 41.32.755 through 41.32.825. [1988 c 117 § 1; 1982
1st ex.s. c 52 § 17; 1977 ex.s. c 293 § 15.]
41.32.820
Additional notes found at www.leg.wa.gov
41.32.825 Reentry. (1) A member, who had left service
and withdrawn the member’s accumulated contributions,
shall, upon reestablishment of membership under RCW
41.32.240, receive service credit for such prior service if the
member restores all withdrawn accumulated contributions
together with interest since the time of withdrawal as determined by the department. The restoration of such funds must
41.32.825
(2010 Ed.)
Teachers’ Retirement
be completed within five years of the resumption of service
or prior to retirement, whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1994 c
197 § 22; 1988 c 117 § 2; 1977 ex.s. c 293 § 16.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Additional notes found at www.leg.wa.gov
"PLAN 3"
41.32.831 Provisions applicable to plan 3—Plan 3
elements. (1) RCW 41.32.831 through 41.32.895 shall apply
only to plan 3 members.
(2) Plan 3 shall consist of two separate elements: (a) A
defined benefit portion covered under this subchapter; and
(b) a defined contribution portion covered under chapter
41.34 RCW.
(3) Unless otherwise specified, all references to "plan 3"
in this subchapter refer to the defined benefit portion of plan
3. [1996 c 39 § 10; 1995 c 239 § 104.]
41.32.831
Intent—Purpose—1995 c 239: "The legislature recognizes that teachers, principals, and district administrators need the ability to make transitions
to other public or private sector careers, and that the retirement system
should not be a barrier to exercise of employee choice. The legislature also
recognizes that teachers, principals, and district administrators need a secure
and viable retirement benefit, not only for their own financial protection, but
also that public funds are spent prudently for their intended purpose.
It is the legislative intent to create a new public retirement system that
balances flexibility with stability, provides both increased employee control
of investments and responsible protection of the public’s investment in
employee benefits, and encourages the pursuit of public sector careers without preventing employees from transitioning into other public or private sector employment.
Therefore, the purpose of chapter 239, Laws of 1995 is to continue to
provide teachers, principals, and district administrators with a guaranteed
pension at retirement age based on years of public service with an element of
inflation protection. It is further the purpose of chapter 239, Laws of 1995 to
create a parallel retirement plan where employees have options regarding the
investment of their retirement contributions and have the opportunity, along
with the accompanying risk, to receive a full rate of return on their investments and where employees who leave public employment prior to retirement receive a fair and reasonable value from the retirement system." [1995
c 239 § 1.]
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.835 Choice of membership in plan 2 or plan 3.
(1) All teachers who first become employed by an employer
in an eligible position on or after July 1, 2007, shall have a
period of ninety days to make an irrevocable choice to
become a member of plan 2 or plan 3. At the end of ninety
days, if the member has not made a choice to become a member of plan 2, he or she becomes a member of plan 3.
(2) For administrative efficiency, until a member elects
to become a member of plan 3, or becomes a member of plan
3 by default under subsection (1) of this section, the member
shall be reported to the department in plan 2, with member
and employer contributions. Upon becoming a member of
plan 3 by election or by default, all service credit shall be
transferred to the member’s plan 3 defined benefit, and all
employee accumulated contributions shall be transferred to
the member’s plan 3 defined contribution account.
41.32.835
(2010 Ed.)
41.32.8401
(3) The plan choice provision as set forth in section 3,
chapter 491, Laws of 2007 was intended by the legislature as
a replacement benefit for gain-sharing. Until there is legal
certainty with respect to the repeal of *chapter 41.31A RCW,
the right to plan choice under this section is noncontractual,
and the legislature reserves the right to amend or repeal this
section. Legal certainty includes, but is not limited to, the
expiration of any: Applicable limitations on actions; and
periods of time for seeking appellate review, up to and
including reconsideration by the Washington supreme court
and the supreme court of the United States. Until that time,
all teachers who first become employed by an employer in an
eligible position on or after July 1, 2007, may choose either
plan 2 or plan 3 under this section. If the repeal of *chapter
41.31A RCW is held to be invalid in a final determination of
a court of law, and the court orders reinstatement of gainsharing or other alternate benefits as a remedy, then all teachers who first become employed by an employer in an eligible
position on or after the date of such reinstatement shall be
members of plan 3. [2007 c 491 § 3; 1995 c 239 § 105.]
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Effective date—2007 c 491 §§ 1, 3, and 7: "Sections 1, 3, and 7 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and take effect July 1, 2007." [2007 c 491 § 19.]
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.837 Right to waive benefit—Irrevocable
choice. Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable
choice to waive all rights to a benefit under RCW 41.32.840
by notifying the department in writing of their intention.
[2003 c 349 § 1.]
41.32.837
Effective date—2003 c 349: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 16, 2003]." [2003 c 349 § 4.]
41.32.840 Computation of the retirement allowance.
(1) A member of the retirement system shall receive a retirement allowance equal to one percent of such member’s average final compensation for each service credit year.
(2) The retirement allowance payable under RCW
41.32.875 to a member who separates after having completed
at least twenty service credit years shall be increased by
twenty-five one-hundredths of one percent, compounded for
each month from the date of separation to the date that the
retirement allowance commences. [1996 c 39 § 4; 1995 c 239
§ 106.]
41.32.840
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.8401 Additional payment. (1) Anyone who
requests to transfer under RCW 41.32.817 before January 1,
41.32.8401
[Title 41 RCW—page 193]
41.32.845
Title 41 RCW: Public Employment, Civil Service, and Pensions
1998, and establishes service credit for January 1998, shall
have their member account increased by forty percent of:
(a) Plan 2 accumulated contributions as of January 1,
1996, less fifty percent of any payments made pursuant to
RCW 41.50.165(2); or
(b) All amounts withdrawn after January 1, 1996, which
are completely restored before January 1, 1998.
(2) A further additional payment of twenty-five percent,
for a total of sixty-five percent, shall be paid subject to the
conditions contained in subsection (1) of this section on July
1, 1998.
(3) Substitute teachers shall receive the additional payment provided in subsection (1) of this section if they:
(a) Establish service credit for January 1998; and
(b) Establish any service credit from July 1996 through
December 1997; and
(c) Elect to transfer on or before March 1, 1999.
(4) If a member who requests to transfer dies before January 1, 1998, the additional payment provided by this section
shall be paid to the member’s estate, or the person or persons,
trust, or organization the member nominated by written designation duly executed and filed with the department.
(5) The legislature reserves the right to modify or discontinue the right to an incentive payment under this section for
any plan 2 members who have not previously transferred to
plan 3. [1998 c 341 § 701; 1997 c 10 § 1; 1996 c 39 § 8.]
Additional notes found at www.leg.wa.gov
41.32.845 Postretirement cost-of-living allowance.
Retirement allowances paid under the defined benefit portion
of plan 3 shall have a postretirement cost-of-living allowance
calculated and paid as provided in RCW 41.32.770. [1995 c
239 § 107.]
41.32.845
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.851 Options for payment of retirement allowances—Court-approved property settlement. (1) Upon
retirement for service as prescribed in RCW 41.32.875 or
retirement for disability under RCW 41.32.880, a member
shall elect to have the retirement allowance paid pursuant to
one of the following options, calculated so as to be actuarially
equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. Upon the death of the retired member, all benefits shall cease.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to such person or persons as the retiree shall have nominated by written designation duly executed and filed with the
department at the time of retirement. The options adopted by
the department shall include, but are not limited to, a joint
and one hundred percent survivor option and joint and fifty
percent survivor option.
41.32.851
[Title 41 RCW—page 194]
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty-percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member’s retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.32.875(1) and the member’s divorcing spouse be divided into two separate benefits
payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age pro(2010 Ed.)
Teachers’ Retirement
vided in RCW 41.32.875(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) Any benefit distributed pursuant to *chapter 41.31A
RCW after the date of the dissolution order creating separate
benefits for a member and nonmember ex spouse shall be
paid solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 10; 2000 c 186 § 5; 1995 c 239 § 108.]
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.855 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.32.875, 41.32.880, or 41.32.895 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately following such member’s separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.32.875 shall accrue from the first day of
the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member’s separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member’s death. [1996 c 39 § 5; 1995 c 239 §
109.]
41.32.855
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.860 Suspension of retirement allowance upon
reemployment—Reinstatement. (1) Except under RCW
41.32.860
(2010 Ed.)
41.32.865
41.32.862, no retiree shall be eligible to receive such retiree’s
monthly retirement allowance if he or she is employed in an
eligible position as defined in RCW 41.40.010, 41.32.010,
41.35.010, or 41.37.010, or as a law enforcement officer or
firefighter as defined in RCW 41.26.030.
(2) If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused the suspension of
benefits. Upon reinstatement, the retiree’s benefits shall be
actuarially recomputed pursuant to the rules adopted by the
department. [2005 c 327 § 2; 2001 2nd sp.s. c 10 § 9; 1997 c
254 § 7; 1995 c 239 § 110.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.862 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (1)(a)
If a retiree enters employment with an employer sooner than
one calendar month after his or her accrual date, the retiree’s
monthly retirement allowance will be reduced by five and
one-half percent for every seven hours worked during that
month. This reduction will be applied each month until the
retiree remains absent from employment with an employer
for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section, may work up to
eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010,
41.37.010, or 41.40.010, or as a firefighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.32.044, he or she terminates his or her retirement
status and immediately becomes a member. Retirement benefits shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible. [2004 c 242 § 62; 2001 2nd sp.s. c 10 § 10; 1997 c
254 § 9.]
41.32.862
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.32.865 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member’s employer shall continue to
receive service credit.
41.32.865
[Title 41 RCW—page 195]
41.32.865
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
earnable compensation reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member’s entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes the contribution on behalf of the
employer, plus interest, as determined by the department; and
(b) The member makes the employee contribution, plus
interest, as determined by the department, to the defined contribution portion.
The contributions required shall be based on the average
of the member’s earnable compensation at both the time the
authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer to
enter the uniformed services of the United States shall be
entitled to retirement system service credit for up to five
years of military service if within ninety days of the member’s honorable discharge from the uniformed services of the
United States, the member applies for reemployment with the
employer who employed the member immediately prior to
the member entering the uniformed services. This subsection
shall be administered in a manner consistent with the requirements of the federal uniformed services employment and
reemployment rights act.
The department shall establish the member’s service
credit and shall bill the employer for its contribution required
under chapter 239, Laws of 1995 for the period of military
service, plus interest as determined by the department. Service credit under this subsection may be obtained only if the
member makes the employee contribution to the defined contribution portion as determined by the department, or prior to
retirement, the member provides to the director proof that the
member’s interruptive military service was during a period of
war as defined in RCW 41.04.005. Any member who made
payments for service credit for interruptive military service
during a period of war as defined in RCW 41.04.005 may,
prior to retirement and on a form provided by the department,
request a refund of the funds standing to his or her credit for
up to five years of such service, and this amount shall be paid
to him or her. Members with one or more periods of interruptive military service during a period of war may receive no
more than five years of free retirement system service credit
under this subsection.
The contributions required shall be based on the compensation the member would have earned if not on leave, or
[Title 41 RCW—page 196]
if that cannot be estimated with reasonable certainty, the
compensation reported for the member in the year prior to
when the member went on military leave.
(a) The surviving spouse or eligible child or children of a
member who left the employ of an employer to enter the uniformed services of the United States and died while serving
in the uniformed services may, on behalf of the deceased
member, apply for retirement system service credit under this
subsection up to the date of the member’s death in the uniformed services. The department shall establish the deceased
member’s service credit if the surviving spouse or eligible
child or children:
(i) Provides to the director proof of the member’s death
while serving in the uniformed services;
(ii) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death; and
(iii) Pays the employee contributions required under this
subsection within five years of the date of death or prior to the
distribution of any benefit, whichever comes first; or
(iv) Prior to the distribution of any benefit, provides to
the director proof that the member’s interruptive military service was during a period of war as defined in RCW
41.04.005. If the deceased member made payments for service credit for interruptive military service during a period of
war as defined in RCW 41.04.005, the surviving spouse or
eligible child or children may, prior to the distribution of any
benefit and on a form provided by the department, request a
refund of the funds standing to the deceased member’s credit
for up to five years of such service, and this amount shall be
paid to the surviving spouse or children. Members with one
or more periods of interruptive military service during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(b) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(i) The member obtains a determination from the director
that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving
in the uniformed services;
(ii) The member provides to the director proof of honorable discharge from the uniformed services; and
(iii) The member pays the employee contributions
required under this subsection within five years of the director’s determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service during a period
of war may receive no more than five years of free retirement
(2010 Ed.)
Teachers’ Retirement
system service credit under this subsection. [2009 c 205 § 7;
2005 c 64 § 8; 1996 c 61 § 3; 1995 c 239 § 111.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.867 Purchased service credit—Allocation. (1)
Contributions on behalf of the employer paid by the
employee to purchase plan 3 service credit shall be allocated
to the defined benefit portion of plan 3 and shall not be
refundable when paid to the fund described in RCW
41.50.075(2). Contributions on behalf of the employee shall
be allocated to the member account. If the member fails to
meet the statutory time limitations to purchase plan 3 service
credit, it may be purchased under the provisions of RCW
41.50.165(2). One-half of the purchase payments under
RCW 41.50.165(2), plus interest, shall be allocated to the
member’s account.
(2) No purchased plan 3 membership service will be
credited until all payments required of the member are made,
with interest. Upon receipt of all payments owed by the member, the department shall bill the employer for any contributions, plus interest, required to purchase membership service.
[1996 c 39 § 11.]
41.32.867
Additional notes found at www.leg.wa.gov
41.32.868 One-time purchase of service credit—Conditions—Payment—Rules. (1) An active member who has
completed a minimum of two years of creditable service in
the teachers’ retirement system may, upon written application to the department, make a one-time purchase of up to
seven years of service credit for public education experience
outside the Washington state retirement system, subject to the
following limitations:
(a) The public education experience being claimed must
have been performed as a teacher in a public school in
another state or with the federal government;
(b) The public education experience being claimed must
have been covered by a retirement or pension plan provided
by a state or political subdivision of a state, or by the federal
government; and
(c) The member is not currently receiving a benefit or
currently eligible to receive an unreduced retirement benefit
from a retirement or pension plan of a state or political subdivision of a state or the federal government that includes the
service credit to be purchased.
(2) The service credit purchased shall be membership
service, and may be used to qualify the member for retirement.
(3) The member shall pay the actuarial value of the
resulting increase in the member’s benefit calculated in a
manner consistent with the department’s method for calculating payments for reestablishing service credit under RCW
41.50.165.
(4) The member may pay all or part of the cost of the service credit to be purchased with a lump sum payment, eligible rollover, direct rollover, or trustee-to-trustee transfer from
an eligible retirement plan. The department shall adopt rules
to ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
41.32.868
(2010 Ed.)
41.32.875
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(5) The employer also may pay all or a portion of the
member’s cost of the service credit purchased under this section. [2008 c 101 § 2; 2006 c 257 § 2.]
Effective date—2006 c 257: See note following RCW 41.32.813.
41.32.870 Lump sum payments—Reentry. (1) The
director may pay a member eligible to receive a retirement
allowance or the member’s beneficiary a lump sum payment
in lieu of a monthly benefit if the initial monthly benefit
would be less than one hundred dollars. The one hundred dollar limit shall be increased by three percent compounded
annually on January 1. The lump sum payment shall be the
actuarial equivalent of the monthly benefit.
(2) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to retiring
again, whichever comes first. In computing the amount due,
the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(3) Any member who receives a settlement under this
section shall be deemed to be retired from this system. [1995
c 239 § 112.]
41.32.870
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.875 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member who is at least age sixty-five
and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve
service credit months after attaining age forty-four; or
(c) Completed five service credit years by July 1, 1996,
under plan 2 and who transferred to plan 3 under RCW
41.32.817;
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.32.840.
(2) EARLY RETIREMENT. Any member who has
attained at least age fifty-five and has completed at least ten
years of service shall be eligible to retire and to receive a
retirement allowance computed according to the provisions
of RCW 41.32.840, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT.
(a) Any member who has completed at least thirty service credit years and has attained age fifty-five shall be eligi41.32.875
[Title 41 RCW—page 197]
41.32.878
Title 41 RCW: Public Employment, Civil Service, and Pensions
ble to retire and to receive a retirement allowance computed
according to the provisions of RCW 41.32.840, except that a
member retiring pursuant to this subsection shall have the
retirement allowance reduced by three percent per year to
reflect the difference in the number of years between age at
retirement and the attainment of age sixty-five.
(b) On or after September 1, 2008, any member who has
completed at least thirty service credit years and has attained
age fifty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of
RCW 41.32.840, except that a member retiring pursuant to
this subsection shall have the retirement allowance reduced
as follows:
Retirement
Age
55
56
57
58
59
60
61
62
63
64
Percent
Reduction
20%
17%
14%
11%
8%
5%
2%
0%
0%
0%
Any member who retires under the provisions of this
subsection is ineligible for the postretirement employment
provisions of RCW 41.32.862(2) until the retired member has
reached sixty-five years of age. For purposes of this subsection, employment with an employer also includes any personal service contract, service by an employer as a temporary
or project employee, or any other similar compensated relationship with any employer included under the provisions of
RCW 41.32.860(1).
The subsidized reductions for alternate early retirement
in this subsection as set forth in section 4, chapter 491, Laws
of 2007 were intended by the legislature as replacement benefits for gain-sharing. Until there is legal certainty with
respect to the repeal of *chapter 41.31A RCW, the right to
retire under this subsection is noncontractual, and the legislature reserves the right to amend or repeal this subsection.
Legal certainty includes, but is not limited to, the expiration
of any: Applicable limitations on actions; and periods of time
for seeking appellate review, up to and including reconsideration by the Washington supreme court and the supreme
court of the United States. Until that time, eligible members
may still retire under this subsection, and upon receipt of the
first installment of a retirement allowance computed under
this subsection, the resulting benefit becomes contractual for
the recipient. If the repeal of *chapter 41.31A RCW is held
to be invalid in a final determination of a court of law, and the
court orders reinstatement of gain-sharing or other alternate
benefits as a remedy, then retirement benefits for any member who has completed at least thirty service credit years and
has attained age fifty-five but has not yet received the first
installment of a retirement allowance under this subsection
shall be computed using the reductions in (a) of this subsec[Title 41 RCW—page 198]
tion. [2007 c 491 § 4; 2006 c 33 § 1; 2000 c 247 § 903; 1996
c 39 § 6; 1995 c 239 § 113.]
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Benefits not contractual right until September 1, 2008—2007 c 491:
See note following RCW 41.32.765.
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.878 Member with terminal illness—Removal
from system. (1) Upon application of the member, a member who is diagnosed with a terminal illness shall be removed
from membership in the system subject to the following conditions:
(a) That the medical adviser, after a medical examination
of the member made by or under the direction of the medical
adviser, has certified in writing that the member has a terminal illness with a life expectancy of five or fewer years; and
(b) That the director concurs in the recommendation of
the medical adviser.
(2) Members removed from the system shall not make
contributions toward a defined contribution account as
defined in chapter 41.34 RCW and shall not accumulate additional service credit.
(3) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to this benefit not granted prior to that
amendment or repeal. [2005 c 131 § 2.]
41.32.878
Effective date—2005 c 131: See note following RCW 41.40.823.
41.32.880 Earned disability allowance—Eligibility—
Disposition upon death of recipient. (1) A member of the
retirement system who becomes totally incapacitated for continued employment by an employer as determined by the
department shall be eligible to receive an allowance under the
provisions of plan 3. The member shall receive a monthly
disability allowance computed as provided for in RCW
41.32.840 and shall have this allowance actuarially reduced
to reflect the difference in the number of years between age at
disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies, any further benefit payments shall be
conditioned by the payment option selected by the retiree as
provided in RCW 41.32.851. [1995 c 239 § 114.]
41.32.880
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Teachers’ Retirement—Federal Social Security
41.32.892 Restored, purchased service credit under
plan 2—Transfer to plan 3. (1) Any member who elects to
transfer to plan 3 and has eligible unrestored withdrawn contributions in plan 2, may restore such contributions under the
provisions of RCW 41.32.825(1) with interest as determined
by the department. The restored plan 2 service credit will be
automatically transferred to plan 3. Restoration payments
will be transferred to the member account in plan 3. If the
member fails to meet the time limitations of RCW
41.32.825(1), they may restore such contributions under the
provisions of RCW 41.50.165(2). The restored plan 2 service
credit will be automatically transferred to plan 3. One-half of
the restoration payments under RCW 41.50.165(2) plus interest shall be allocated to the member’s account.
(2) Any member who elects to transfer to plan 3 may
purchase plan 2 service credit under RCW 41.32.810(3). Purchased plan 2 service credit will be automatically transferred
to plan 3. Contributions on behalf of the employer paid by the
employee shall be allocated to the defined benefit portion of
plan 3 and shall not be refundable when paid to the fund
described in RCW 41.50.075(2). Contributions on behalf of
the employee shall be allocated to the member account. If the
member fails to meet the time limitations of RCW
41.32.810(3), they may subsequently restore such contributions under the provisions of RCW 41.50.165(2). Purchased
plan 2 service credit will be automatically transferred to plan
3. One-half of the payments under RCW 41.50.165(2), plus
interest, shall be allocated to the member’s account. [1996 c
39 § 9.]
41.32.892
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.32.950 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
95.]
41.32.950
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Chapter 41.33
Additional notes found at www.leg.wa.gov
41.32.895 Death benefits. (1) If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided in
RCW 41.32.851 actuarially reduced to reflect a joint and one
hundred percent survivor option and, except under subsection
(2) of this section, if the member was not eligible for normal
retirement at the date of death a further reduction as described
in RCW 41.32.875.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member’s death, such member’s
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and
member were equal at the time of the member’s death.
(2) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, or a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to an actuarial reduction under
RCW 41.32.875. The member’s retirement allowance is
computed under RCW 41.32.840. [2009 c 226 § 7; 2003 c
155 § 3; 2000 c 247 § 1003; 1996 c 39 § 7; 1995 c 239 § 117.]
41.32.895
(2010 Ed.)
41.33.020
Chapter 41.33 RCW
TEACHERS’ RETIREMENT—
FEDERAL SOCIAL SECURITY
Sections
41.33.010
41.33.020
41.33.030
41.33.900
Plan for covering members under OASI approved.
Terms and provisions of plan.
Effective date for coverage of members.
Severability—1957 c 183.
41.33.010 Plan for covering members under OASI
approved. The plan for covering the members of the teachers’ retirement system under the old age and survivor insurance provisions of Title II of the federal social security act as
amended, required by RCW 41.48.050 as amended by section
5, chapter 4, Laws of the Extraordinary Session of 1955,
approved by the board of trustees of the teachers’ retirement
system on October 8, 1956, and by the governor of the state
of Washington on November 19, 1956, is hereby approved.
[1957 c 183 § 1.]
41.33.010
41.33.020 Terms and provisions of plan. The terms
and provisions of the plan are as follows:
(1) Each political subdivision of the state employing
members of the teachers’ retirement system and the members
of the teachers’ retirement system, after the approval of this
plan by the legislature, and by the eligible employees through
a referendum as provided in RCW 41.48.030 (3) and (4),
shall be deemed to have accepted and agreed to be bound by
the following terms and conditions in consideration of extension of the existing agreement between the secretary of
health, education and welfare and the governor to make the
protection of the federal old age and survivors insurance program available and applicable to such employees.
41.33.020
[Title 41 RCW—page 199]
41.33.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) As used in this plan the terms quoted below shall
have the meanings assigned thereto in this section.
"Political subdivision" means any political subdivision,
or instrumentality of one or more subdivisions, or proprietary
enterprise acquired, purchased or originated by one or more
such subdivisions after December, 1950, which employs
members of the teachers’ retirement system. The state, its
agencies, instrumentalities and institutions of higher learning
shall be grouped and considered as a single political subdivision.
"Employee" means any person who is a member of the
teachers’ retirement system and is employed by a political
subdivision.
"Wages" shall have the meaning given in RCW
41.48.020(1) and section 209 of the social security act (42
U.S.C.A. Sec. 409).
"State" where not otherwise clearly indicated by the context, means the commissioner of employment security or
other officer designated by the governor to administer the
plan at the state level for all participating political subdivisions.
(3) The terms and conditions of this plan are intended
and shall be construed to be in conformity with the requirements of the federal social security act as amended and with
the requirements of chapter 41.48 RCW, and particularly
RCW 41.48.050, as amended by chapter 4, Laws of 1955
extraordinary session.
(4) The rights and benefits accruing to employees from
membership in the teachers’ retirement system shall in no
way be altered or impaired by this plan or by the additional
and supplementary OASI coverage which such employees
may receive hereunder, other than the elimination of (1), (2)
and (3) of section 52, chapter 80, Laws of 1947 and RCW
41.32.520 as each are amended, with the exception of that
part of (1) which permits a widow or widower without a child
or children under age eighteen to receive a monthly payment
of fifty dollars at age fifty, provided that the member had fifteen or more years of Washington membership service credit
at date of death.
(5) There shall be no additional cost to or involvement of
the state or a political subdivision with respect to OASI coverage of members of the teachers’ retirement system until this
plan has been approved by the legislature.
(6) Each employee to whom OASI coverage is made
applicable under this plan pursuant to an extension or modification under RCW 41.48.030 of the existing agreement
between the secretary of health, education and welfare and
the governor shall be required to pay into the *OASI contribution fund established by RCW 41.48.060 during the period
of such coverage contributions with respect to his wages in an
amount equal to the employee tax imposed by the federal
insurance contributions act (section 3101, Internal Revenue
Code of 1954), in consideration of the employee’s retention
in service by the political subdivision. The subdivision shall
withhold such contributions from the wages paid to the
employee; and shall remit the contributions so withheld in
each calendar quarter to the state for deposit in the *contribution fund not later than the twentieth calendar day of the
month following that quarter.
(7) Each political subdivision shall pay into the *contribution fund with respect to the wages of its employees during
[Title 41 RCW—page 200]
the period of their OASI coverage pursuant to this plan contributions in an amount equal to the employer tax imposed by
the federal insurance contributions act (section 3111, Internal
Revenue Code of 1954), from the fund of the subdivision
from which such employees’ wages are paid. The subdivision
shall remit such contributions to the state for deposit in the
*contribution fund on a quarterly basis, not later than the
twentieth calendar day of the month following each calendar
quarter.
(8) If any political subdivision other than that comprising
the state, its agencies, instrumentalities and institutions of
higher learning fails to remit as provided herein employer
contributions or employee contributions, or any part of either,
such delinquent contributions may be recovered with interest
at the rate of six percent per annum by action in a court of
competent jurisdiction against the political subdivision; or
such delinquent contributions may at the request of the governor be deducted from any moneys payable to such subdivision by the state.
(9) Each political subdivision shall be charged with a
share of the cost of administration of this plan by the state, to
be computed as that proportion of the overall cost of administration which its total annual contributions bear to the total
annual contributions paid by all subdivisions on behalf of
employees covered by the plan. The state shall compute the
share of cost allocable to each subdivision and bill the subdivision therefor at the end of each fiscal year. The subdivision
shall within ninety days thereafter remit its share of the cost
to the state for deposit in the general fund of the state.
(10) Each political subdivision shall submit to the state,
through the employment security department, P.O. Box 367,
Olympia, Washington, or such other officer or agency as the
governor may subsequently designate, on forms furnished by
the state, not later than the twentieth calendar day of the
month following the end of each calendar quarter, the following information:
A. The social security account number of each
employee;
B. the name of each employee;
C. the amount of wages subject to contributions as
required hereunder paid to each employee during the quarter;
D. the total amount of wages subject to contributions
paid to all employees during the quarter;
E. the total amount of employee contributions withheld
and remitted for the quarter; and
F. the total amount of employer contributions paid by the
subdivision for the quarter.
(11) Each political subdivision shall furnish in the same
manner as provided in subsection (10) of this section, upon
reasonable notice, such other and further reports or information as the governor may from time to time require. Each subdivision shall comply with such requirements as the secretary
of health, education and welfare or the governor may from
time to time establish with respect to any or all of the reports
or information which are or may be provided for under subsection (10) of this section or this subsection in order to
assure the correctness and verification thereof.
(12) The governing body of each political subdivision
shall designate an officer of the subdivision to administer
such accounting, reporting and other functions as will be
required for the effective operation of this plan within the
(2010 Ed.)
Plan 3 Retirement System Contributions
subdivision, as provided herein. The commissioner of
employment security or such other officer as the governor
may designate, shall perform or supervise those functions
with respect to employees of the subdivision comprising the
state, its agencies, instrumentalities and institutions of higher
learning; and shall serve as the representative of the participating political subdivisions in the administration of this plan
with the secretary of health, education and welfare.
(13) The legislature shall designate the first day of any
month beginning with January, 1956, as the effective date of
OASI coverage for such employees, except that after January
1, 1958, the effective date may not be prior to the first day of
the current year.
The employer’s contribution for any retroactive coverage shall be transferred by the board of trustees from the
teachers’ retirement pension reserve to the official designated
by the governor to administer the plan at the state level.
Each employee’s contributions for any retroactive coverage shall be transferred by the board of trustees from his
accumulated contributions in the teachers’ retirement fund, to
the official designated above. Each employee, if he so
desires, may, within one year from the date of transfer, reimburse his accumulated contributions for the amount so transferred.
(14) The governor may terminate the operation of this
plan in its entirety with respect to any political subdivision, in
his discretion, if he finds that the subdivision has failed to
comply substantially with any requirement or provision of
this plan. The plan shall not be so terminated until reasonable
notice and opportunity for hearing thereon have been given to
the subdivision under such conditions, consistent with the
provisions of the social security act, as shall have been established in regulations by the governor. [1992 c 212 § 12; 1973
1st ex.s. c 154 § 77; 1957 c 183 § 2.]
*Reviser’s note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
Additional notes found at www.leg.wa.gov
41.33.030 Effective date for coverage of members.
The effective date of OASI coverage for members of the
teachers’ retirement system shall be January 1, 1956: PROVIDED, That should the agreement between the governor
and the secretary of health, education and welfare be executed subsequent to December 31, 1957, the effective date of
coverage shall be that specified in the agreement. [1957 c
183 § 5.]
41.33.030
41.33.900 Severability—1957 c 183. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1957 c 183 § 6.]
41.33.900
Chapter 41.34 RCW
PLAN 3 RETIREMENT SYSTEM CONTRIBUTIONS
Chapter 41.34
(Formerly: Contributions under teachers’ retirement system plan 3)
Sections
41.34.010
41.34.020
41.34.030
(2010 Ed.)
Purpose.
Definitions.
Application of chapter—Plan 3 elements.
41.34.040
41.34.050
41.34.060
41.34.070
41.34.080
41.34.090
41.34.100
41.34.110
41.34.120
41.34.130
41.34.140
41.34.900
41.34.020
Contributions—Rate structures—Annual option.
Legislature may contribute to members’ accounts.
Members’ accounts—Investment—Election.
Distribution options.
Benefits exempt from taxation, garnishment, other processes
of law—Exceptions.
Administration of chapter—Construction—Severability.
Benefits not contractual right until date specified.
Reentry.
Money, property, income held in trust.
Self-directed investment—Duties of state investment board
and department—Expenses—Recordkeeping.
Liability for loss or deficiencies—Limitations.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
41.34.010 Purpose. The purpose of chapter 239, Laws
of 1995 is to:
(1) Provide a fair and reasonable value from the retirement system for those who leave public employment before
retirement;
(2) Increase flexibility for such employees to make transitions into other public or private sector employment;
(3) Increase employee options for addressing retirement
needs, personal financial planning, and career transitions; and
(4) Continue the legislature’s established policy of having employees contribute toward their retirement benefits.
[1995 c 239 § 201.]
41.34.010
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.34.020 Definitions. As used in this chapter, the following terms have the meanings indicated:
(1) "Actuary" means the state actuary or the office of the
state actuary.
(2) "Department" means the department of retirement
systems.
(3)(a) "Compensation" for teachers for purposes of this
chapter is the same as "earnable compensation" for plan 3 in
chapter 41.32 RCW except that the compensation may be
reported when paid, rather than when earned.
(b) "Compensation" for classified employees for purposes of this chapter is the same as "compensation earnable"
for plan 3 in RCW 41.35.010, except that the compensation
may be reported when paid, rather than when earned.
(c) "Compensation" for public employees for purposes
of this chapter is the same as "compensation earnable" for
plan 3 in RCW 41.40.010, except that the compensation may
be reported when paid, rather than when earned.
(4)(a) "Employer" for teachers for purposes of this chapter means the same as "employer" for plan 3 in chapter 41.32
RCW.
(b) "Employer" for classified employees for purposes of
this chapter means the same as "employer" for plan 3 in RCW
41.35.010.
(c) "Employer" for public employees for purposes of this
chapter means the same as "employer" for plan 3 in RCW
41.40.010.
(5) "Member" means any employee included in the
membership of a retirement system as provided for in chapter
41.32 RCW of plan 3, chapter 41.35 RCW of plan 3, or chapter 41.40 RCW of plan 3.
41.34.020
[Title 41 RCW—page 201]
41.34.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
(6) "Member account" or "member’s account" means the
sum of the contributions and earnings on behalf of the member.
(7) "Retiree" means any member in receipt of an allowance or other benefit provided by this chapter resulting from
service rendered to an employer by such member.
(8) "Teacher" means a member of the teachers’ retirement system plan 3 as defined in *RCW 41.32.010(29).
(9) "Classified employee" means a member of the school
employees’ retirement system plan 3 as defined in RCW
41.35.010.
(10) "Public employee" means a member of the public
employees’ retirement system plan 3 as defined in RCW
41.40.010. [2010 1st sp.s. c 7 § 31; 2000 c 247 § 401; 1998 c
341 § 301; 1996 c 39 § 13; 1995 c 239 § 202.]
*Reviser’s note: RCW 41.32.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (29) to subsection (49).
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.34.030 Application of chapter—Plan 3 elements.
(1) This chapter applies only to members of plan 3 retirement
systems created under chapters 41.32, 41.35, and 41.40
RCW.
(2) Plan 3 consists of two separate elements:
(a) A defined benefit portion covered under:
(i) Sections 101 through 117, chapter 239, Laws of 1995;
or
(ii) Sections 1 through 25 and 201 through 213, chapter
341, Laws of 1998; or
(iii) Sections 101 through 316, chapter 247, Laws of
2000; and
(b) A defined contribution portion covered under this
chapter. Unless specified otherwise, all references to "plan 3"
in this chapter refer to the defined contribution portion of
plan 3. [2000 c 247 § 402; 1998 c 341 § 302; 1995 c 239 §
203.]
41.34.030
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.34.040 Contributions—Rate structures—Annual
option. (1) A member shall contribute from his or her compensation according to one of the following rate structures in
addition to the mandatory minimum five percent:
41.34.040
Option A
All Ages
Option B
Up to Age 35
Age 35 to 44
Age 45 and above
Option C
Up to Age 35
[Title 41 RCW—page 202]
Contribution Rate
0.0% fixed
0.0%
1.0%
2.5%
Age 35 to 44
Age 45 and above
Option D
All Ages
Option E
All Ages
Option F
All Ages
2.5%
3.5%
2.0%
5.0%
10.0%
(2) The department shall have the right to offer contribution rate options in addition to those listed in subsection (1) of
this section, provided that no significant additional administrative costs are created. All options offered by the department shall conform to the requirements stated in subsections
(3) and (5) of this section.
(3)(a) For members of the teachers’ retirement system
entering plan 3 under RCW 41.32.835 or members of the
school employees’ retirement system entering plan 3 under
RCW 41.35.610, within ninety days of becoming a member
he or she has an option to choose one of the above contribution rate structures. If the member does not select an option
within the ninety-day period, he or she shall be assigned
option A.
(b) For members of the public employees’ retirement
system entering plan 3 under RCW 41.40.785, within the
ninety days described in RCW 41.40.785 an employee who
irrevocably chooses plan 3 shall select one of the above contribution rate structures. If the member does not select an
option within the ninety-day period, he or she shall be
assigned option A.
(c) For members of the teachers’ retirement system
transferring to plan 3 under RCW 41.32.817, members of the
school employees’ retirement system transferring to plan 3
under RCW 41.35.510, or members of the public employees’
retirement system transferring to plan 3 under RCW
41.40.795, upon election to plan 3 he or she must choose one
of the above contribution rate structures.
(d) Within ninety days of the date that an employee
changes employers, he or she has an option to choose one of
the above contribution rate structures. If the member does
not select an option within this ninety-day period, he or she
shall be assigned option A.
(4) Each year, members may change their contribution
rate option by notifying their employer in writing during the
month of January.
(5) Contributions shall begin the first day of the pay
cycle in which the rate option is made, or the first day of the
pay cycle in which the end of the ninety-day period occurs.
[2010 1st sp.s. c 7 § 32; 2003 c 156 § 1; 2000 c 247 § 403;
1996 c 39 § 14; 1995 c 239 § 204.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
1.0%
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Plan 3 Retirement System Contributions
41.34.050 Legislature may contribute to members’
accounts. The legislature may authorize contributions to the
members’ accounts for a biennium through budget appropriation. [1995 c 239 § 205.]
41.34.050
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.34.060 Members’ accounts—Investment—Election. (1) Except as provided in subsection (3) of this section,
the member’s account shall be invested by the state investment board. In order to reduce transaction costs and address
liquidity issues, based upon recommendations of the state
investment board, the department may require members to
provide up to ninety days’ notice prior to moving funds from
the state investment board portfolio to self-directed investment options provided under subsection (3) of this section.
(a) For members of the retirement system as provided for
in chapter 41.32 RCW of plan 3, investment shall be in the
same portfolio as that of the teachers’ retirement system combined plan 2 and 3 fund under RCW 41.50.075(2).
(b) For members of the retirement system as provided for
in chapter 41.35 RCW of plan 3, investment shall be in the
same portfolio as that of the school employees’ retirement
system combined plan 2 and 3 fund under RCW
41.50.075(4).
(c) For members of the retirement system as provided for
in chapter 41.40 RCW of plan 3, investment shall be in the
same portfolio as that of the public employees’ retirement
system combined plan 2 and 3 fund under RCW
41.50.075(3).
(2) The state investment board shall declare monthly unit
values for the portfolios or funds, or portions thereof, utilized
under subsection (1)(a), (b), and (c) of this section. The
declared values shall be an approximation of portfolio or
fund values, based on internal procedures of the state investment board. Such declared unit values and internal procedures shall be in the sole discretion of the state investment
board. The state investment board may delegate any of the
powers and duties under this subsection, including discretion,
pursuant to RCW 43.33A.030. Member accounts shall be
credited by the department with a rate of return based on
changes to such unit values.
(3) Members may elect to self-direct their investments as
set forth in RCW 41.34.130 and 43.33A.190. [2001 c 180 §
2; 2000 c 247 § 404; 1999 c 265 § 1; 1998 c 341 § 303; 1996
c 39 § 15; 1995 c 239 § 206.]
41.34.060
Effective date—2001 c 180 §§ 1 and 2: See note following RCW
41.45.061.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.34.070 Distribution options. (1) If the member
retires, becomes disabled, or otherwise terminates employment, the balance in the member’s account may be distributed in accordance with an option selected by the member
either as a lump sum or pursuant to other options authorized
by the department.
(2) If the member dies while in service, the balance of
the member’s account may be distributed in accordance with
41.34.070
(2010 Ed.)
41.34.080
an option selected by the member either as a lump sum or
pursuant to other options authorized by the department. The
distribution is as follows:
(a) The distribution shall be made to such person or persons as the member shall have nominated by written designation duly executed and filed with the department;
(b) If there be no such designated person or persons still
living at the time of the member’s death, the balance of the
member’s account in the retirement system, less any amount
identified as owing to an obligee upon withdrawal of such
account balance pursuant to a court order filed under RCW
41.50.670, shall be paid to the member’s surviving spouse as
if in fact such spouse had been nominated by written designation;
(c) If there is no surviving spouse, then to such person or
persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the
department; or
(d) If there is no such designated person or persons still
living at the time of the member’s death, then to the member’s legal representatives.
(3) If a member has a terminal illness and terminates
from employment, the member may choose to have the balance in the member’s account distributed as a lump sum payment based on the most recent valuation in order to expedite
the distribution. The department shall make this payment
within ten working days after receipt of notice of termination
of employment, documentation verifying the terminal illness,
and an application for payment.
(4) The distribution under subsections (1), (2), or (3) of
this section shall be less any amount identified as owing to an
obligee upon withdrawal pursuant to a court order filed under
RCW 41.50.670. [2010 1st sp.s. c 7 § 33; 2005 c 327 § 3;
1998 c 117 § 1; 1995 c 239 § 207.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.34.080 Benefits exempt from taxation, garnishment, other processes of law—Exceptions. (1) Subject to
subsections (2) and (3) of this section, the right of a person to
a pension, an annuity, a retirement allowance, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the various funds
created by chapter 239, Laws of 1995; chapter 341, Laws of
1998; and chapter 247, Laws of 2000 and all moneys and
investments and income thereof, is hereby exempt from any
state, county, municipal, or other local tax, and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2) This section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions
therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington or its
political subdivisions and that has been approved for deduction in accordance with rules that may be adopted by the state
health care authority and/or the department. This section shall
not be deemed to prohibit a beneficiary of a retirement allow41.34.080
[Title 41 RCW—page 203]
41.34.090
Title 41 RCW: Public Employment, Civil Service, and Pensions
ance from authorizing deductions therefrom for payment of
dues and other membership fees to any retirement association
or organization the membership of which is composed of
retired public employees, if a total of three hundred or more
of such retired employees have authorized such deduction for
payment to the same retirement association or organization.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department to pay benefits directly to an obligee
under a dissolution order as defined in RCW 41.50.500(3)
which fully complies with RCW 41.50.670 and 41.50.700, or
(f) any administrative or court order expressly authorized by
federal law. [2000 c 247 § 405; 1998 c 341 § 304; 1995 c 239
§ 208.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
March 1, 2002. [2000 c 247 § 406; 1998 c 341 § 305; 1995 c
239 § 325.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.34.110 Reentry. A member who separates from service and then reestablishes membership may restore contributions to the member account. [1996 c 39 § 12.]
41.34.110
Additional notes found at www.leg.wa.gov
41.34.120 Money, property, income held in trust. All
moneys in members’ accounts, all property and rights purchased therewith, and all income attributable thereto, shall be
held in trust by the state investment board, as set forth under
RCW 43.33A.030, for the exclusive benefit of the members
and their beneficiaries. [1998 c 341 § 306.]
41.34.120
Additional notes found at www.leg.wa.gov
41.34.130 Self-directed investment—Duties of state
investment board and department—Expenses—Recordkeeping. (1) The state investment board has the full authority to invest all self-directed investment moneys in accordance with RCW 43.84.150 and 43.33A.140, and cumulative
investment directions received pursuant to RCW 41.34.060
and this section. In carrying out this authority the state
investment board, after consultation with the department
regarding any recommendations made pursuant to RCW
41.50.088(1)(b), shall provide a set of options for members to
choose from for self-directed investment.
(2) All investment and operating costs of the state investment board associated with making self-directed investments
shall be paid by members and recovered under procedures
agreed to by the department and the state investment board
pursuant to the principles set forth in RCW 43.33A.160 and
43.84.160. All other expenses caused by self-directed investment shall be paid by the member in accordance with rules
established by the department under RCW 41.50.088. With
the exception of these expenses, all earnings from selfdirected investments shall accrue to the member’s account.
(3)(a)(i) The department shall keep or cause to be kept
full and adequate accounts and records of each individual
member’s account. The department shall account for and
report on the investment of defined contribution assets or
may enter into an agreement with the state investment board
for such accounting and reporting under this chapter.
(ii) The department’s duties related to individual participant accounts include conducting the activities of trade
instruction, settlement activities, and direction of cash movement and related wire transfers with the custodian bank and
outside investment firms.
(iii) The department has sole responsibility for contracting with any recordkeepers for individual participant
accounts and shall manage the performance of recordkeepers
under those contracts.
(b)(i) The department’s duties under (a)(ii) of this subsection do not limit the authority of the state investment
board to conduct its responsibilities for asset management
and balancing of the deferred compensation funds.
41.34.130
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.34.090 Administration of chapter—Construction—Severability. (1) The retirement plan created by this
chapter shall be administered so as to comply with the federal
Internal Revenue Code, Title 26 U.S.C., and specifically with
plan qualification requirements imposed on governmental
plans by section 401(a) of the Internal Revenue Code.
(2) Any section or provision of this chapter which may
be susceptible to more than one construction shall be interpreted in favor of the construction most likely to satisfy
requirements imposed by section 401(a) of the Internal Revenue Code.
(3) If any section or provision of this chapter is found to
be in conflict with the plan qualification requirements for
governmental plans in section 401(a) of the Internal Revenue
Code, the conflicting part of this chapter is hereby inoperative solely to the extent of the conflict, and such finding shall
not affect the operation of the remainder of this chapter.
[1995 c 239 § 209.]
41.34.090
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.34.100 Benefits not contractual right until date
specified. (1) The benefits provided pursuant to chapter 239,
Laws of 1995 are not provided to employees as a matter of
contractual right prior to July 1, 1996. The legislature retains
the right to alter or abolish these benefits at any time prior to
July 1, 1996.
(2) The benefits provided pursuant to chapter 341, Laws
of 1998 are not provided to employees as a matter of contractual right prior to September 1, 2000. The legislature retains
the right to alter or abolish these benefits at any time prior to
September 1, 2000.
(3) The benefits provided pursuant to chapter 247, Laws
of 2000 are not provided to employees as a matter of contractual right prior to March 1, 2002. The legislature retains the
right to alter or abolish these benefits at any time prior to
41.34.100
[Title 41 RCW—page 204]
(2010 Ed.)
Washington School Employees’ Retirement System
(ii) The state investment board has sole responsibility for
contracting with outside investment firms to provide investment management for the deferred compensation funds and
shall manage the performance of investment managers under
those contracts.
(c) The state treasurer shall designate and define the
terms of engagement for the custodial banks. [2010 1st sp.s.
c 7 § 34; 2001 c 181 § 3; 1998 c 341 § 307.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Additional notes found at www.leg.wa.gov
Chapter 41.35 RCW
WASHINGTON SCHOOL EMPLOYEES’
RETIREMENT SYSTEM
Chapter 41.35
Sections
PROVISIONS APPLICABLE TO PLAN 2 AND PLAN 3
41.35.005
41.35.010
41.35.015
41.35.020
41.35.030
41.35.033
41.35.040
41.35.060
41.34.140
41.34.140 Liability for loss or deficiencies—Limitations. (1) A state board or commission, agency, or any
officer, employee, or member thereof is not liable for any loss
or deficiency resulting from member defined contribution
investments selected or required pursuant to RCW 41.34.060
(1) or (3).
(2) Neither the department, nor director or any
employee, nor the state investment board, nor any officer,
employee, or member thereof is liable for any loss or deficiency resulting from reasonable efforts to implement investment directions pursuant to RCW 41.34.060 (1) or (3).
(3) The state investment board, or any officer, employee,
or member thereof is not liable with respect to any declared
monthly unit valuations or crediting of rates of return, or any
other exercise of powers or duties, including discretion,
under RCW 41.34.060(2).
(4) The department, or any officer or employee thereof,
is not liable for crediting rates of return which are consistent
with the state investment board’s declaration of monthly unit
valuations pursuant to RCW 41.34.060(2). [2010 1st sp.s. c
7 § 35; 1999 c 265 § 2; 1998 c 341 § 308.]
41.35.070
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
41.35.400
41.35.410
Additional notes found at www.leg.wa.gov
41.34.900
41.34.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
96.]
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
(2010 Ed.)
Chapter 41.35
41.35.080
41.35.090
41.35.100
41.35.110
41.35.115
41.35.120
41.35.130
41.35.140
41.35.150
41.35.160
41.35.170
41.35.180
41.35.1801
41.35.183
41.35.190
41.35.200
41.35.210
41.35.220
41.35.230
41.35.399
Intent.
Definitions.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
System created—Administration.
Membership.
Membership—Service credit—Substitute employees—Rules.
Nonelective position held for at least nine months—Deemed
to be eligible position, when.
Reduction of retirement allowance upon reemployment—
Reestablishment of membership.
Duty disability retirement recipients—Continued service
credit.
Members agree to deductions.
Employer’s contribution—Computation—Billing.
Exemption from taxation and judicial process—Exceptions—
Assignability—Deductions authorized.
Disability retirement—Criminal conduct.
Death benefit—Course of employment—Occupational disease
or infection.
False statements—Penalty.
Transfer of service credit from statewide city employees’
retirement system.
Hearing prior to appeal required—Notice.
Hearing prior to appeal required—Conduct of hearing.
Judicial review in accordance with administrative procedure
act.
Appeal—No bond required.
Service credit—Computation.
Prior service—One-half service credit.
Purchase of additional service credit—Costs—Rules.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Post-retirement cost-of-living.
Options for payment of retirement allowances—Courtapproved property settlement.
Suspension of retirement allowance upon reemployment—
Exceptions—Reinstatement.
Provisions applicable to plan 2 and plan 3.
PLAN 2
41.35.420
41.35.423
41.35.430
41.35.440
41.35.450
41.35.460
41.35.470
41.35.480
41.35.490
41.35.500
41.35.510
41.35.599
Computation of retirement allowance.
Lump sum retirement allowance—Reentry—Reinstatement of
service.
Retirement eligibility.
Member with terminal illness—Removal from system.
Employer and member contribution rates.
Earned disability allowance—Disposition upon death of recipient.
Application for and effective date of retirement allowances.
Death benefits.
Leaves of absence, military service.
Vested membership.
Refund of contributions.
Reentry.
Transfer to plan 3—Irrevocable option.
Provisions applicable to plan 2.
PLAN 3
41.35.600
41.35.610
41.35.612
41.35.620
41.35.630
41.35.640
41.35.650
41.35.660
41.35.670
41.35.680
41.35.683
41.35.690
41.35.700
Provisions applicable to plan 3—Plan 3 elements.
Choice of membership in plan 2 or plan 3.
Right to waive benefit—Irrevocable choice.
Computation of retirement allowance.
Additional payment.
Application for and effective date of retirement allowances.
Leaves of absence, military service.
Purchased service credit—Allocation.
Lump sum payments—Reentry.
Retirement eligibility.
Member with terminal illness—Removal from system.
Earned disability allowance—Disposition upon death of recipient.
Restored, purchased service credit under plan 2—Transfer to
plan 3.
[Title 41 RCW—page 205]
41.35.005
41.35.710
41.35.720
41.35.900
41.35.901
Title 41 RCW: Public Employment, Civil Service, and Pensions
Death benefits.
Employer contribution rates.
Benefits not contractual right until September 1, 2000.
Effective date—1998 c 341.
Additional notes found at www.leg.wa.gov
PROVISIONS APPLICABLE TO PLAN 2 AND PLAN 3
41.35.005 Intent. The legislature recognizes that teachers and school district employees share the same educational
work environment and academic calendar.
It is the intent of the legislature to achieve similar retirement benefits for all educational employees by transferring
the membership of classified school employees in the public
employees’ retirement system plan 2 to the Washington
school employees’ retirement system plan 2. The transfer of
membership to the Washington school employees’ retirement
system plan 2 is not intended to cause a diminution or expansion of benefits for affected members. It is enacted solely to
provide public employees working under the same conditions
with the same options for retirement planning.
As members of the Washington school employees’
retirement system plan 2, classified employees will have the
same opportunity to transfer to the Washington school
employees’ retirement system plan 3 as their certificated
coworkers. The ability to transfer to the Washington school
employees’ retirement system plan 3 offers members a new
public retirement system that balances flexibility with stability; provides increased employee control of investments and
responsible protection of the public’s investment in employee
benefits; and encourages the pursuit of public sector careers
without creating barriers to other public or private sector
employment. [1998 c 341 § 1.]
41.35.005
41.35.010 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Retirement system" means the Washington school
employees’ retirement system provided for in this chapter.
(2) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Employer," for plan 2 and plan 3 members, means a
school district or an educational service district.
(5) "Member" means any employee included in the
membership of the retirement system, as provided for in
RCW 41.35.030.
(6)(a) "Compensation earnable" for plan 2 and plan 3
members, means salaries or wages earned by a member during a payroll period for personal services, including overtime
payments, and shall include wages and salaries deferred
under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States internal revenue code,
but shall exclude nonmoney maintenance compensation and
lump sum or other payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual
leave, or any form of severance pay.
(b) "Compensation earnable" for plan 2 and plan 3 members also includes the following actual or imputed payments,
which are not paid for personal services:
41.35.010
[Title 41 RCW—page 206]
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position, or payments
by an employer to an individual in lieu of reinstatement,
which are awarded or granted as the equivalent of the salary
or wage which the individual would have earned during a
payroll period shall be considered compensation earnable to
the extent provided in this subsection, and the individual shall
receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member’s compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member’s actual compensation earnable
received for nonlegislative public employment and legislative service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under this (b)(ii)(B) of this subsection shall be
paid by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(v) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(7) "Service" for plan 2 and plan 3 members means periods of employment by a member in an eligible position or
positions for one or more employers for which compensation
earnable is paid. Compensation earnable earned for ninety or
more hours in any calendar month shall constitute one service
credit month except as provided in RCW 41.35.180. Compensation earnable earned for at least seventy hours but less
than ninety hours in any calendar month shall constitute onehalf service credit month of service. Compensation earnable
earned for less than seventy hours in any calendar month
shall constitute one-quarter service credit month of service.
Time spent in standby status, whether compensated or not, is
not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(a) Service in any state elective position shall be deemed
to be full-time service.
(b) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(c) For purposes of plan 2 and 3 "forty-five days" as used
in RCW 28A.400.300 is equal to two service credit months.
(2010 Ed.)
Washington School Employees’ Retirement System
Use of less than forty-five days of sick leave is creditable as
allowed under this subsection as follows:
(i) Less than eleven days equals one-quarter service
credit month;
(ii) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(iii) Twenty-two days equals one service credit month;
(iv) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month; and
(v) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(8) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(9) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(10) "Membership service" means all service rendered as
a member.
(11) "Beneficiary" for plan 2 and plan 3 members means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
(12) "Regular interest" means such rate as the director
may determine.
(13) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member’s individual account, including any amount paid under
RCW 41.50.165(2), together with the regular interest
thereon.
(14) "Average final compensation" for plan 2 and plan 3
members means the member’s average compensation earnable of the highest consecutive sixty months of service credit
months prior to such member’s retirement, termination, or
death. Periods constituting authorized leaves of absence may
not be used in the calculation of average final compensation
except under RCW 41.40.710(2).
(15) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of
employment.
(16) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(17) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(18) "Retirement allowance" for plan 2 and plan 3 members means monthly payments to a retiree or beneficiary as
provided in this chapter.
(19) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer’s direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(20) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality and
other tables as may be adopted by the director.
(21) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(22) "Eligible position" means any position that, as
defined by the employer, normally requires five or more
(2010 Ed.)
41.35.015
months of service a year for which regular compensation for
at least seventy hours is earned by the occupant thereof. For
purposes of this chapter an employer shall not define "position" in such a manner that an employee’s monthly work for
that employer is divided into more than one position.
(23) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(22) of this section.
(24) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from service without being separated from membership.
(25) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(26) "Director" means the director of the department.
(27) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(28) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(29) "Plan 2" means the Washington school employees’
retirement system plan 2 providing the benefits and funding
provisions covering persons who first became members of
the public employees’ retirement system on and after October
1, 1977, and transferred to the Washington school employees’ retirement system under RCW 41.40.750.
(30) "Plan 3" means the Washington school employees’
retirement system plan 3 providing the benefits and funding
provisions covering persons who first became members of
the system on and after September 1, 2000, or who transfer
from plan 2 under RCW 41.35.510.
(31) "Index" means, for any calendar year, that year’s
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(32) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(33) "Index B" means the index for the year prior to
index A.
(34) "Adjustment ratio" means the value of index A
divided by index B.
(35) "Separation from service" occurs when a person has
terminated all employment with an employer.
(36) "Member account" or "member’s account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3.
(37) "Classified employee" means an employee of a
school district or an educational service district who is not
eligible for membership in the teachers’ retirement system
established under chapter 41.32 RCW.
(38) "Substitute employee" means a classified employee
who is employed by an employer exclusively as a substitute
for an absent employee. [2003 c 157 § 1; 2001 c 180 § 3;
1998 c 341 § 2.]
41.35.015 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
41.35.015
[Title 41 RCW—page 207]
41.35.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
97.]
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
41.35.020 System created—Administration. A retirement system is hereby created for the employees of school
districts or educational service districts. The administration
and management of the retirement system, the responsibility
for making effective the provisions of this chapter, and the
authority to make all rules necessary therefor are hereby
vested in the department. All such rules shall be governed by
the provisions of chapter 34.05 RCW. This retirement system
shall be known as the Washington school employees’ retirement system. [1998 c 341 § 3.]
41.35.020
41.35.030 Membership. Membership in the retirement
system shall consist of all regularly compensated classified
employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions:
(1) Persons in ineligible positions;
(2)(a) Persons holding elective offices or persons
appointed directly by the governor: PROVIDED, That such
persons shall have the option of applying for membership
during such periods of employment: AND PROVIDED
FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are
members in the retirement system and who have, prior to
becoming such members, previously held an elective office,
and did not at the start of such initial or successive terms of
office exercise their option to become members, may apply
for membership to be effective during such term or terms of
office, and shall be allowed to establish the service credit
applicable to such term or terms of office upon payment of
the employee contributions therefor by the employee with
interest as determined by the director and employer contributions therefor by the employer or employee with interest as
determined by the director: AND PROVIDED FURTHER,
That all contributions with interest submitted by the
employee under this subsection shall be placed in the
employee’s individual account in the employee’s savings
fund and be treated as any other contribution made by the
employee, with the exception that any contributions submitted by the employee in payment of the employer’s obligation,
together with the interest the director may apply to the
employer’s contribution, shall not be considered part of the
member’s annuity for any purpose except withdrawal of contributions;
41.35.030
[Title 41 RCW—page 208]
(b) A member holding elective office who has elected to
apply for membership pursuant to (a) of this subsection and
who later wishes to be eligible for a retirement allowance
shall have the option of ending his or her membership in the
retirement system. A member wishing to end his or her membership under this subsection must file on a form supplied by
the department a statement indicating that the member agrees
to irrevocably abandon any claim for service for future periods served as an elected official. A member who receives
more than fifteen thousand dollars per year in compensation
for his or her elective service, adjusted annually for inflation
by the director, is not eligible for the option provided by this
subsection (2)(b);
(3) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may
elect to prospectively become a member of the retirement
system if otherwise eligible;
(4) Persons enrolled in state-approved apprenticeship
programs, authorized under chapter 49.04 RCW, and who are
employed by employers to earn hours to complete such
apprenticeship programs, if the employee is a member of a
union-sponsored retirement plan and is making contributions
to such a retirement plan or if the employee is a member of a
Taft-Hartley retirement plan;
(5) Persons rendering professional services to an
employer on a fee, retainer, or contract basis or when the
income from these services is less than fifty percent of the
gross income received from the person’s practice of a profession;
(6) Substitute employees, except for the purposes of the
purchase of service credit under RCW 41.35.033. Upon the
return or termination of the absent employee a substitute
employee is replacing, that substitute employee shall no
longer be ineligible under this subsection;
(7) Employees who (a) are not citizens of the United
States, (b) do not reside in the United States, and (c) perform
duties outside of the United States;
(8) Employees who (a) are not citizens of the United
States, (b) are not covered by chapter 41.48 RCW, (c) are not
excluded from membership under this chapter or chapter
41.04 RCW, (d) are residents of this state, and (e) make an
irrevocable election to be excluded from membership, in
writing, which is submitted to the director within thirty days
after employment in an eligible position;
(9) Employees who are citizens of the United States and
who reside and perform duties for an employer outside of the
United States: PROVIDED, That unless otherwise excluded
under this chapter or chapter 41.04 RCW, the employee may
apply for membership (a) within thirty days after employment in an eligible position and membership service credit
shall be granted from the first day of membership service,
and (b) after this thirty-day period, but membership service
credit shall be granted only if payment is made for the noncredited membership service under RCW 41.50.165(2), otherwise service shall be from the date of application; and
(10) Employees who are removed from membership
under RCW 41.35.683 or 41.35.423. [2005 c 131 § 9; 2003 c
157 § 2; 1998 c 341 § 4.]
Effective date—2005 c 131: See note following RCW 41.40.823.
(2010 Ed.)
Washington School Employees’ Retirement System
41.35.033 Membership—Service credit—Substitute
employees—Rules. (1) A substitute employee who works
five or more months of seventy or more hours for which earnable compensation is paid in a school year may apply to the
department to establish membership after the end of the
school year during which the work was performed. The
application must:
(a) Include a list of the employers the substitute
employee has worked for;
(b) Include proof of hours worked and compensation
earned; and
(c) Be made prior to retirement.
(2) Substitute employees who are members may apply to
the department to receive service after the end of the last day
of instruction of the school year during which the service was
performed. The application must:
(a) Include a list of the employers the substitute
employee has worked for;
(b) Include proof of hours worked and compensation
earned; and
(c) Be made prior to retirement.
(3) If the department accepts the substitute employee’s
application for service credit, the substitute employee may
obtain service credit by paying the required contribution to
the retirement system. The employer must pay the required
employer contribution upon notice from the department that
the substitute employee has made contributions under this
section.
(4) The department shall charge interest prospectively on
employee contributions that are submitted under this section
more than six months after the end of the school year, as
defined in *RCW 28A.150.040, for which the substitute
employee is seeking service credit. The interest rate charged
to the employee shall take into account interest lost on
employer contributions delayed for more than six months
after the end of the school year.
(5) Each employer shall quarterly notify each substitute
employee it has employed during the school year of the number of hours worked by, and the compensation paid to, the
substitute employee.
(6) If a substitute employee, as defined in RCW
41.35.010(38), applies to the department under this section
for credit for earnable compensation earned from an
employer, the substitute employee must make contributions
for all periods of service for that employer.
(7) The department shall adopt rules implementing this
section. [2003 c 157 § 3.]
41.35.033
*Reviser’s note: RCW 28A.150.040 was repealed by 2009 c 548 §
710, effective September 1, 2011.
41.35.040 Nonelective position held for at least nine
months—Deemed to be eligible position, when. Any person who has been employed in a nonelective position for at
least nine months and who has made member contributions
required under this chapter throughout such period, shall be
deemed to have been in an eligible position during such
period of employment. [1998 c 341 § 5.]
41.35.040
41.35.060 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (1)(a)
If a retiree enters employment with an employer sooner than
41.35.060
(2010 Ed.)
41.35.070
one calendar month after his or her accrual date, the retiree’s
monthly retirement allowance will be reduced by five and
one-half percent for every eight hours worked during that
month. This reduction will be applied each month until the
retiree remains absent from employment with an employer
for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section may work up to
eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010,
41.37.010, or 41.40.010, or as a firefighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.35.030, he or she terminates his or her retirement
status and becomes a member. Retirement benefits shall not
accrue during the period of membership and the individual
shall make contributions and receive membership credit.
Such a member shall have the right to again retire if eligible
in accordance with RCW 41.35.420 or 41.35.680. However,
if the right to retire is exercised to become effective before
the member has rendered two uninterrupted years of service,
the retirement formula and survivor options the member had
at the time of the member’s previous retirement shall be reinstated. [2004 c 242 § 64; 2001 2nd sp.s. c 10 § 11; 1998 c 341
§ 7.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
41.35.070 Duty disability retirement recipients—
Continued service credit. Those members subject to this
chapter who became disabled in the line of duty and who
received or are receiving benefits under Title 51 RCW or a
similar federal workers’ compensation program shall receive
or continue to receive service credit subject to the following:
(1) No member may receive more than one month’s service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the
director on both employee and employer contributions. No
service credit shall be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be
granted for a period to exceed twenty-four consecutive
months.
41.35.070
[Title 41 RCW—page 209]
41.35.080
Title 41 RCW: Public Employment, Civil Service, and Pensions
(7) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right. [2007 c 49 § 3; 1998 c 341 § 8.]
41.35.080 Members agree to deductions. The deductions from the compensation of members, provided for in
RCW 41.35.430, shall be made notwithstanding that the minimum compensation provided for by law for any member
shall be reduced thereby. Every member shall be deemed to
consent and agree to the deductions made and provided for in
this chapter and receipt in full for his or her salary or compensation, and payment, less the deductions, shall be a full and
complete discharge and acquittance of all claims and
demands whatsoever for the services rendered by the person
during the period covered by the payment, except as to benefits provided for under this chapter. [1998 c 341 § 9.]
41.35.080
41.35.090 Employer’s contribution—Computation—
Billing. (1) The director shall report to each employer the
contribution rates required for the ensuing biennium or fiscal
year, whichever is applicable.
(2) Beginning September 1, 1990, the amount to be collected as the employer’s contribution shall be computed by
applying the applicable rates established in chapter 41.45
RCW to the total compensation earnable of employer’s members as shown on the current payrolls of the employer. Each
employer shall compute at the end of each month the amount
due for that month and the same shall be paid as are its other
obligations.
(3) In the event of failure, for any reason, of an employer
other than a political subdivision of the state to have remitted
amounts due for membership service of any of the
employer’s members rendered during a prior biennium, the
director shall bill such employer for such employer’s contribution together with such charges as the director deems
appropriate in accordance with RCW 41.50.120. Such billing
shall be paid by the employer as, and the same shall be, a
proper charge against any moneys available or appropriated
to such employer for payment of current biennial payrolls.
[1998 c 341 § 10.]
41.35.090
41.35.100 Exemption from taxation and judicial process—Exceptions—Assignability—Deductions authorized. (1) Subject to subsections (2) and (3) of this section,
the right of a person to a pension, an annuity, or retirement
allowance, any optional benefit, any other right accrued or
accruing to any person under the provisions of this chapter,
the various funds created by this chapter, and all moneys and
investments and income thereof, are hereby exempt from any
state, county, municipal, or other local tax, and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2) This section does not prohibit a beneficiary of a
retirement allowance from authorizing deductions therefrom
for payment of premiums due on any group insurance policy
or plan issued for the benefit of a group comprised of public
employees of the state of Washington or its political subdivisions and which has been approved for deduction in accor41.35.100
[Title 41 RCW—page 210]
dance with rules that may be adopted by the state health care
authority and/or the department. This section also does not
prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of dues and other
membership fees to any retirement association or organization the membership of which is composed of retired public
employees, if a total of three hundred or more of such retired
employees have authorized such deduction for payment to
the same retirement association or organization.
(3) Subsection (1) of this section does not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined
in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law. [1998 c 341 § 11.]
41.35.110 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.35.440 or 41.35.690 if the disability is the
result of criminal conduct by the member committed after
April 21, 1997. [1998 c 341 § 12.]
41.35.110
41.35.115 Death benefit—Course of employment—
Occupational disease or infection. (1) A one hundred fifty
thousand dollar death benefit shall be paid to the member’s
estate, or such person or persons, trust or organization as the
member has nominated by written designation duly executed
and filed with the department. If no such designated person
or persons are still living at the time of the member’s death,
the member’s death benefit shall be paid to the member’s surviving spouse as if in fact the spouse had been nominated by
written designation, or if there is no surviving spouse, then to
the member’s legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of (a) injuries sustained in the
course of employment; or (b) an occupational disease or
infection that arises naturally and proximately out of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with Title 51
RCW by the department of labor and industries. The department of labor and industries shall notify the department of
retirement systems by order under RCW 51.52.050. [2007 c
487 § 4; 2003 c 402 § 3.]
41.35.115
41.35.120 False statements—Penalty. Any person
who knowingly makes any false statements, or falsifies or
permits to be falsified any record or records of this retirement
system in any attempt to defraud the retirement system as a
result of such act, is guilty of a gross misdemeanor. [1998 c
341 § 13.]
41.35.120
41.35.130 Transfer of service credit from statewide
city employees’ retirement system. (1) Any person who
was a member of the statewide city employees’ retirement
41.35.130
(2010 Ed.)
Washington School Employees’ Retirement System
system governed by chapter 41.44 RCW and who was never
reemployed by an employer as defined in RCW 41.40.010
and who is employed by an employer as defined in RCW
41.35.010, may, in a writing filed with the director, elect to:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service which was previously credited under chapter 41.44
RCW but which was canceled by discontinuance of service
and withdrawal of accumulated contributions as provided in
RCW 41.44.190. The service may be reestablished and transferred only upon payment by the member to the employees’
savings fund of this retirement system of the amount withdrawn plus interest thereon from the date of withdrawal until
the date of payment at a rate determined by the director. No
additional payments are required for service credit described
in this subsection if already established under this chapter;
and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW, upon payment in full
by the member of the total employer’s contribution to the
benefit account fund of this retirement system that would
have been made under this chapter when the initial service
was rendered. The payment shall be based on the first
month’s compensation earnable as a member of the statewide
city employees’ retirement system and as defined in *RCW
41.44.030(13). However, a person who has established service credit under RCW 41.40.010(13) (c) or (d) shall not
establish additional credit under this subsection nor may anyone who establishes credit under this subsection establish any
additional credit under *RCW 41.40.010(13) (c) or (d). No
additional payments are required for service credit described
in this subsection if already established under this chapter.
(2) The written election must be filed and the payments
must be completed in full within one year after employment
by an employer.
(3) Upon receipt of the written election and payments
required by subsection (1) of this section from any retiree
described in subsection (1) of this section, the department
shall recompute the retiree’s allowance in accordance with
this section and shall pay any additional benefit resulting
from such recomputation retroactively to the date of retirement from the system governed by this chapter.
(4) Any person who was a member of the statewide city
employees’ retirement system under chapter 41.44 RCW and
also became a member of the public employees’ retirement
system established under chapter 41.40 RCW or the Washington school employees’ retirement system established
under this chapter, and did not make the election under RCW
41.40.058 or subsection (1) of this section because he or she
was not a member of the public employees’ retirement system prior to July 27, 1987, or did not meet the time limitations of RCW 41.40.058 or subsection (2) of this section,
may elect to do any of the following:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service that was previously credited under chapter 41.44
RCW but was canceled by discontinuance of service and
(2010 Ed.)
41.35.180
withdrawal of accumulated contributions as provided in
RCW 41.44.190; and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW.
To make the election or elections, the person must pay
the amount required under RCW 41.50.165(2) prior to retirement from this retirement system. [1998 c 341 § 14.]
*Reviser’s note: RCW 41.40.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (13) to subsection (23).
41.35.140 Hearing prior to appeal required—Notice.
Any person aggrieved by any decision of the department
affecting his or her legal rights, duties, or privileges must,
before he or she appeals to the courts, file with the director by
mail or personally within sixty days from the day the decision
was communicated to the person, a notice for a hearing
before the director’s designee. The notice of hearing shall set
forth in full detail the grounds upon which the person considers the decision unjust or unlawful and shall include every
issue to be considered by the department, and it must contain
a detailed statement of facts upon which the person relies in
support of the appeal. These persons shall be deemed to have
waived all objections or irregularities concerning the matter
on which the appeal is taken, other than those specifically set
forth in the notice of hearing or appearing in the records of
the retirement system. [1998 c 341 § 15.]
41.35.140
41.35.150 Hearing prior to appeal required—Conduct of hearing. Following its receipt of a notice for hearing
in accordance with RCW 41.35.140, a hearing shall be held
by the director or a duly authorized representative, in the
county of the residence of the claimant at a time and place
designated by the director. Such hearing shall be conducted
and governed in all respects by the provisions of chapter
34.05 RCW. [1998 c 341 § 16.]
41.35.150
41.35.160 Judicial review in accordance with administrative procedure act. Judicial review of any final decision and order by the director is governed by the provisions
of chapter 34.05 RCW. [1998 c 341 § 17.]
41.35.160
41.35.170 Appeal—No bond required. No bond of
any kind shall be required of a claimant appealing to the
superior court, the court of appeals, or the supreme court
from a finding of the department affecting the claimant’s
right to retirement or disability benefits. [1998 c 341 § 18.]
41.35.170
41.35.180 Service credit—Computation. (1) Except
for any period prior to the member’s employment in an eligible position, a plan 2 or plan 3 member who is employed by
a school district or districts or an educational service district:
(a) Shall receive a service credit month for each month
of the period from September through August of the following year if he or she is employed in an eligible position, earns
compensation earnable for eight hundred ten hours or more
during that period, and is employed during nine months of
that period;
(b) Who earns earnable compensation in an eligible position during the period from September through August,
41.35.180
[Title 41 RCW—page 211]
41.35.1801
Title 41 RCW: Public Employment, Civil Service, and Pensions
except under (a) of this subsection, shall receive service
credit according to one of the following methods, whichever
provides the most service credit to the member:
(i) If a member in an eligible position for each month of
the period from September through August of the following
year does not meet the hours requirements of (a) of this subsection, the member is entitled to one-half service credit
month for each month of the period if he or she earns earnable
compensation for at least six hundred thirty hours but less
than eight hundred ten hours during that period, and is
employed nine months of that period;
(ii) A member employed in an eligible position for at
least five months of a six-month period between September
through August of the following year who earns earnable
compensation for six hundred thirty or more hours within the
six-month period will receive a maximum of six service
credit months for the school year, recorded as one service
credit month for each month of the six-month period;
(iii) In all other instances, a member in an eligible position is entitled to service credit months as follows:
(A) One service credit month for each month in which
compensation is earned for ninety or more hours;
(B) One-half service credit month for each month in
which compensation is earned for at least seventy hours but
less than ninety hours; and
(C) One-quarter service credit month for each month in
which compensation is earned for less than seventy hours.
(2) The department shall adopt rules implementing this
section. [2008 c 204 § 2; 1998 c 341 § 19.]
41.35.183 Purchase of additional service credit—
Costs—Rules. (1) A member eligible to retire under RCW
41.35.420 or 41.35.680 may, at the time of filing a written
application for retirement with the department, apply to the
department to make a one-time purchase of up to five years of
additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member’s benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(4) Additional service credit purchased under this section is not membership service and shall be used exclusively
to provide the member with a monthly annuity that is paid in
addition to the member’s retirement allowance. [2006 c 214
§ 3.]
41.35.1801 Prior service—One-half service credit.
(1) By no later than December 31, 2010, the department shall
recalculate service credit for periods of qualifying prior service by an eligible member, as provided for in this section.
(2) An eligible member is a member who is active in the
retirement system and who earns service credit after June 10,
2010, and before September 1, 2010.
(3) A qualifying period of prior service is a school year
prior to January 1, 1987, in which the member:
(a) Was employed in an eligible position by a school district or districts, educational service district, the state school
for the deaf, the state school for the blind, an institution of
higher education, or a community college;
(b) Earned earnable compensation for at least six hundred thirty hours as determined by the department;
(c) Received less than six months of service credit; and
(d) Has not withdrawn service credit for the school year
or has restored any withdrawn service credit for the school
year.
(4) The department shall recalculate service credit for
qualifying periods of prior service for an eligible member as
follows:
(a) The member shall receive one-half service credit
month for each month of the period from September through
August of the following year if he or she earned earnable
compensation during that period for at least six hundred
thirty hours as determined by the department, and was
employed nine months of that period; and
(b) A member’s service credit shall not be reduced under
this section for a qualifying period of prior service. [2010 c
103 § 1.]
41.35.190 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect on
retirement benefits under this chapter. [1998 c 341 § 20.]
41.35.1801
[Title 41 RCW—page 212]
41.35.183
Effective date—2006 c 214: See note following RCW 41.40.034.
41.35.190
41.35.200 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1998 c 341 § 21.]
41.35.200
41.35.210 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
41.35.210
(2010 Ed.)
Washington School Employees’ Retirement System
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1998 c 341 § 22.]
41.35.220 Options for payment of retirement allowances—Court-approved property settlement. (1) Upon
retirement for service as prescribed in RCW 41.35.420 or
41.35.680 or retirement for disability under RCW 41.35.440
or 41.35.690, a member shall elect to have the retirement
allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life.
(i) For members of plan 2, if the retiree dies before the
total of the retirement allowance paid to such retiree equals
the amount of such retiree’s accumulated contributions at the
time of retirement, then the balance shall be paid to the member’s estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree’s death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree’s
legal representative.
(ii) For members of plan 3, upon the death of the retired
member, the member’s benefits shall cease.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written designation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
41.35.220
(2010 Ed.)
41.35.220
department at least thirty days prior to a member’s retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member of plan 2 who meets the
length of service requirements of RCW 41.35.420, or a member of plan 3 who meets the length of service requirements of
RCW 41.35.680(1), and the member’s divorcing spouse be
divided into two separate benefits payable over the life of
each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the ages provided in RCW 41.35.420(1) for members of plan 2, or RCW
41.35.680(1) for members of plan 3, and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two sepa[Title 41 RCW—page 213]
41.35.230
Title 41 RCW: Public Employment, Civil Service, and Pensions
rate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) Any benefit distributed pursuant to *chapter 41.31A
RCW after the date of the dissolution order creating separate
benefits for a member and nonmember ex spouse shall be
paid solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 11; 2000 c 186 § 6; 1998 c 341 § 23.]
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Effective date—2000 c 186 § 6: "Section 6 of this act takes effect September 1, 2000." [2000 c 186 § 10.]
41.35.230 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (1) Except
as provided in RCW 41.35.060, no retiree under the provisions of plan 2 shall be eligible to receive such retiree’s
monthly retirement allowance if he or she is employed in an
eligible position as defined in RCW 41.35.010, 41.40.010,
41.37.010, or 41.32.010, or as a law enforcement officer or
firefighter as defined in RCW 41.26.030, except that a retiree
who ends his or her membership in the retirement system pursuant to RCW 41.40.023(3)(b) is not subject to this section if
the retiree’s only employment is as an elective official.
(2) If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree’s benefits
shall be actuarially recomputed pursuant to the rules adopted
by the department.
(3) The department shall adopt rules implementing this
section. [2004 c 242 § 56; 1998 c 341 § 24.]
41.35.230
Effective date—2004 c 242: See RCW 41.37.901.
41.35.399 Provisions applicable to plan 2 and plan 3.
RCW 41.35.005 through 41.35.230 apply to members of plan
2 and plan 3. [1998 c 341 § 25.]
41.35.399
PLAN 2
41.35.400 Computation of retirement allowance. A
member of the retirement system shall receive a retirement
allowance equal to two percent of such member’s average
final compensation for each service credit year of service.
[1998 c 341 § 101.]
41.35.400
41.35.410 Lump sum retirement allowance—Reentry—Reinstatement of service. (1) The director may pay a
member eligible to receive a retirement allowance or the
member’s beneficiary, subject to the provisions of subsection
(5) of this section, a lump sum payment in lieu of a monthly
benefit if the initial monthly benefit computed in accordance
41.35.410
[Title 41 RCW—page 214]
with RCW 41.35.400 would be less than fifty dollars. The
lump sum payment shall be the greater of the actuarial equivalent of the monthly benefits or an amount equal to the individual’s accumulated contributions plus accrued interest.
(2) A retiree or a beneficiary, subject to the provisions of
subsection (5) of this section, who is receiving a regular
monthly benefit of less than fifty dollars may request, in writing, to convert from a monthly benefit to a lump sum payment. If the director approves the conversion, the calculation
of the actuarial equivalent of the total estimated regular benefit will be computed based on the beneficiary’s age at the
time the benefit initially accrued. The lump sum payment will
be reduced to reflect any payments received on or after the
initial benefit accrual date.
(3) Persons covered under the provisions of RCW
41.40.625 or subsection (1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director, within two years of returning to service
or prior to reretiring, whichever comes first. In computing the
amount due, the director shall exclude the accumulated value
of the normal payments the member would have received
while in beneficiary status if the lump sum payment had not
occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.35.400 or an earned disability allowance under RCW 41.35.440 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [1998 c 341 § 102.]
41.35.420 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member with at least five service
credit years who has attained at least age sixty-five shall be
eligible to retire and to receive a retirement allowance computed according to the provisions of RCW 41.35.400.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years and has
attained age fifty-five shall be eligible to retire and to receive
a retirement allowance computed according to the provisions
of RCW 41.35.400, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT.
(a) Any member who has completed at least thirty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed
according to the provisions of RCW 41.35.400, except that a
member retiring pursuant to this subsection shall have the
retirement allowance reduced by three percent per year to
41.35.420
(2010 Ed.)
Washington School Employees’ Retirement System
reflect the difference in the number of years between age at
retirement and the attainment of age sixty-five.
(b) On or after September 1, 2008, any member who has
completed at least thirty service credit years and has attained
age fifty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of
RCW 41.35.400, except that a member retiring pursuant to
this subsection shall have the retirement allowance reduced
as follows:
Retirement
Age
55
56
57
58
59
60
61
62
63
64
Percent
Reduction
20%
17%
14%
11%
8%
5%
2%
0%
0%
0%
Any member who retires under the provisions of this
subsection is ineligible for the postretirement employment
provisions of RCW 41.35.060(2) until the retired member has
reached sixty-five years of age. For purposes of this subsection, employment with an employer also includes any personal service contract, service by an employer as a temporary
or project employee, or any other similar compensated relationship with any employer included under the provisions of
RCW 41.35.230(1).
The subsidized reductions for alternate early retirement
in this subsection as set forth in section 6, chapter 491, Laws
of 2007 were intended by the legislature as replacement benefits for gain-sharing. Until there is legal certainty with
respect to the repeal of *chapter 41.31A RCW, the right to
retire under this subsection is noncontractual, and the legislature reserves the right to amend or repeal this subsection.
Legal certainty includes, but is not limited to, the expiration
of any: Applicable limitations on actions; and periods of time
for seeking appellate review, up to and including reconsideration by the Washington supreme court and the supreme
court of the United States. Until that time, eligible members
may still retire under this subsection, and upon receipt of the
first installment of a retirement allowance computed under
this subsection, the resulting benefit becomes contractual for
the recipient. If the repeal of *chapter 41.31A RCW is held
to be invalid in a final determination of a court of law, and the
court orders reinstatement of gain-sharing or other alternate
benefits as a remedy, then retirement benefits for any member who has completed at least thirty service credit years and
has attained age fifty-five but has not yet received the first
installment of a retirement allowance under this subsection
shall be computed using the reductions in (a) of this subsection. [2007 c 491 § 6; 2000 c 247 § 905; 1998 c 341 § 103.]
41.35.440
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Benefits not contractual right until September 1, 2008—2007 c 491:
See note following RCW 41.32.765.
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.35.423 Member with terminal illness—Removal
from system. (1) Upon application of the member, a member who is diagnosed with a terminal illness shall be removed
from the system subject to the following conditions:
(a) That the medical adviser, after a medical examination
of the member made by or under the direction of the medical
adviser, has certified in writing that the member has a terminal illness with a life expectancy of five or fewer years; and
(b) That the director concurs in the recommendation of
the medical adviser.
(2) Members removed from the system shall not make
contributions and shall not accumulate additional service
credit.
(3) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to this benefit not granted prior to that
amendment or repeal. [2005 c 131 § 6.]
41.35.423
Effective date—2005 c 131: See note following RCW 41.40.823.
41.35.430 Employer and member contribution rates.
The required contribution rates to the retirement system for
both members and employers shall be established by the
director from time to time as may be necessary upon the
advice of the state actuary. The state actuary shall use the
aggregate actuarial cost method to calculate contribution
rates. The employer contribution rate calculated under this
section shall be used only for the purpose of determining the
amount of employer contributions to be deposited in the plan
2 fund from the total employer contributions collected under
RCW 41.35.090.
Contribution rates required to fund the costs of the retirement system shall always be equal for members and employers, except as herein provided. Any adjustments in contribution rates required from time to time for future costs shall
likewise be shared equally by the members and employers.
Any increase in the contribution rate required as the
result of a failure of an employer to make any contribution
required by this section shall be borne in full by the employer
not making the contribution.
The director shall notify all employers of any pending
adjustment in the required contribution rate and such increase
shall be announced at least thirty days prior to the effective
date of the change.
Members contributions required by this section shall be
deducted from the members compensation earnable each
payroll period. The members contribution and the employers
contribution shall be remitted directly to the department
within fifteen days following the end of the calendar month
during which the payroll period ends. [1998 c 341 § 104.]
41.35.430
41.35.440 Earned disability allowance—Disposition
upon death of recipient. (1) A member of the retirement
41.35.440
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
(2010 Ed.)
[Title 41 RCW—page 215]
41.35.450
Title 41 RCW: Public Employment, Civil Service, and Pensions
system who becomes totally incapacitated for continued
employment by an employer as determined by the department upon recommendation of the department shall be eligible to receive an allowance under the provisions of RCW
41.35.400 through 41.35.599. The member shall receive a
monthly disability allowance computed as provided for in
RCW 41.35.400 and shall have this allowance actuarially
reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member’s estate, or the person or
persons, trust, or organization as the recipient has nominated
by written designation duly executed and filed with the director, or, if there is no designated person or persons still living
at the time of the recipient’s death, then to the surviving
spouse, or, if there is no designated person or persons still living at the time of his or her death nor a surviving spouse, then
to his or her legal representative. [1998 c 341 § 105.]
41.35.450 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.35.420, 41.35.440, or 41.35.460 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.35.420 shall accrue from the first day
of the calendar month immediately following such member’s
separation from employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance pursuant to RCW 41.35.420, shall accrue from the first day of the
calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.35.440 shall accrue from the
first day of the calendar month immediately following such
member’s separation from employment for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.35.460 shall accrue from the first
day of the calendar month immediately following the member’s death. [1998 c 341 § 106.]
41.35.450
41.35.460 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member’s
credit in the retirement system at the time of such member’s
death, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the mem41.35.460
[Title 41 RCW—page 216]
ber’s estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member’s death, such member’s accumulated contributions standing to such member’s credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member’s surviving spouse as if in fact such spouse had been
nominated by written designation, or if there be no such surviving spouse, then to such member’s legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 41.35.420, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.35.220 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.35.420; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall
continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member’s death, such member’s
child or children under the age of majority shall receive an
allowance, share and share alike, calculated as herein provided making the assumption that the ages of the spouse and
member were equal at the time of the member’s death; or
(b) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies and is
not survived by a spouse or an eligible child, then the accumulated contributions standing to the member’s credit, less
any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid:
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member’s death, then to the member’s legal representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, or a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to an actuarial reduction under
(2010 Ed.)
Washington School Employees’ Retirement System
RCW 41.35.420. The member’s retirement allowance is
computed under RCW 41.35.400. [2009 c 226 § 8; 2003 c
155 § 4; 1998 c 341 § 107.]
Applicability—2003 c 155: See note following RCW 41.32.520.
41.35.470 Leaves of absence, military service. (1) A
member who is on a paid leave of absence authorized by a
member’s employer shall continue to receive service credit as
provided for under the provisions of RCW 41.35.400 through
41.35.599.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
compensation earnable reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member’s entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes both the plan 2 employer and
member contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to retirement whichever comes sooner; or
(b) If not within five years of resumption of service but
prior to retirement, pay the amount required under RCW
41.50.165(2).
The contributions required under (a) of this subsection
shall be based on the average of the member’s compensation
earnable at both the time the authorized leave of absence was
granted and the time the member resumed employment.
(4) A member who leaves the employ of an employer to
enter the uniformed services of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment
rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member’s honorable discharge from the uniformed services of the United States, the
member applies for reemployment with the employer who
employed the member immediately prior to the member
entering the uniformed services; and
(ii) The member makes the employee contributions
required under RCW 41.35.430 within five years of resumption of service or prior to retirement, whichever comes
sooner; or
41.35.470
(2010 Ed.)
41.35.470
(iii) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2); or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(b) Upon receipt of member contributions under (a)(ii),
(d)(iii), or (e)(iii) of this subsection, or adequate proof under
(a)(iv), (d)(iv), or (e)(iv) of this subsection, the department
shall establish the member’s service credit and shall bill the
employer for its contribution required under RCW 41.35.430
for the period of military service, plus interest as determined
by the department.
(c) The contributions required under (a)(ii), (d)(iii), or
(e)(iii) of this subsection shall be based on the compensation
the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation
reported for the member in the year prior to when the member
went on military leave.
(d) The surviving spouse or eligible child or children of
a member who left the employ of an employer to enter the
uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased
member, apply for retirement system service credit under this
subsection up to the date of the member’s death in the uniformed services. The department shall establish the deceased
member’s service credit if the surviving spouse or eligible
child or children:
(i) Provides to the director proof of the member’s death
while serving in the uniformed services;
(ii) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death; and
(iii) Pays the employee contributions required under
chapter 41.45 RCW within five years of the date of death or
prior to the distribution of any benefit, whichever comes first;
or
(iv) Prior to the distribution of any benefit, provides to
the director proof that the member’s interruptive military service was during a period of war as defined in RCW
41.04.005. If the deceased member made payments for service credit for interruptive military service during a period of
war as defined in RCW 41.04.005, the surviving spouse or
eligible child or children may, prior to the distribution of any
benefit and on a form provided by the department, request a
refund of the funds standing to the deceased member’s credit
for up to five years of such service, and this amount shall be
paid to the surviving spouse or children. Members with one
or more periods of interruptive military service during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
[Title 41 RCW—page 217]
41.35.480
Title 41 RCW: Public Employment, Civil Service, and Pensions
(e) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(i) The member obtains a determination from the director
that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving
in the uniformed services;
(ii) The member provides to the director proof of honorable discharge from the uniformed services; and
(iii) The member pays the employee contributions
required under chapter 41.45 RCW within five years of the
director’s determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection. [2009
c 205 § 4; 2005 c 64 § 4; 1998 c 341 § 108.]
41.35.480 Vested membership. A member who separates or has separated after having completed at least five
years of service may remain a member during the period of
such member’s absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of RCW 41.35.420 if such member maintains the
member’s accumulated contributions intact. [1998 c 341 §
109.]
41.35.480
41.35.490 Refund of contributions. A member who
ceases to be an employee of an employer except by service or
disability retirement may request a refund of the member’s
accumulated contributions. The refund shall be made within
ninety days following the receipt of the request and notification of termination through the contribution reporting system
by the employer; except that in the case of death, an initial
payment shall be made within thirty days of receipt of request
for such payment and notification of termination through the
contribution reporting system by the employer. A member
who files a request for refund and subsequently enters into
employment with another employer prior to the refund being
made shall not be eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits
under RCW 41.35.400 through 41.35.599. [1998 c 341 §
110.]
41.35.490
together with interest since the time of withdrawal as determined by the department.
The restoration of such funds must be completed within
five years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1998 c
341 § 111.]
41.35.510 Transfer to plan 3—Irrevocable option.
(1) Every plan 2 member employed by an employer in an eligible position has the option to make an irrevocable transfer
to plan 3.
(2) All service credit in plan 2 shall be transferred to the
defined benefit portion of plan 3.
(3) Any plan 2 member who wishes to transfer to plan 3
after February 28, 2001, may transfer during the month of
January in any following year, provided that the member
earns service credit for that month.
(4) The accumulated contributions in plan 2, less fifty
percent of any contributions made pursuant to RCW
41.50.165(2) shall be transferred to the member’s account in
the defined contribution portion established in chapter 41.34
RCW, pursuant to procedures developed by the department
and subject to RCW 41.34.090. Contributions made pursuant
to RCW 41.50.165(2) that are not transferred to the member’s account shall be transferred to the fund created in RCW
41.50.075(4), except that interest earned on all such contributions shall be transferred to the member’s account.
(5) The legislature reserves the right to discontinue the
right to transfer under this section.
(6) Anyone previously retired from plan 2 is prohibited
from transferring to plan 3. [2002 c 26 § 7; 1998 c 341 §
114.]
41.35.510
41.35.599 Provisions applicable to plan 2. RCW
41.35.400 through 41.35.510 apply only to plan 2 members.
[1998 c 341 § 112.]
41.35.599
PLAN 3
41.35.600 Provisions applicable to plan 3—Plan 3
elements. (1) RCW 41.35.600 through 41.35.720 apply only
to plan 3 members.
(2) Plan 3 consists of two separate elements: (a) A
defined benefit portion covered under this subchapter; and
(b) a defined contribution portion covered under chapter
41.34 RCW.
(3) Unless otherwise specified, all references to "plan 3"
in this subchapter refer to the defined benefit portion of plan
3. [1998 c 341 § 201.]
41.35.600
41.35.610 Choice of membership in plan 2 or plan 3.
(1) All classified employees who first become employed by
an employer in an eligible position on or after July 1, 2007,
shall have a period of ninety days to make an irrevocable
choice to become a member of plan 2 or plan 3. At the end of
41.35.610
41.35.500 Reentry. (1) A member, who had left service
and withdrawn the member’s accumulated contributions,
shall receive service credit for such prior service if the member restores all withdrawn accumulated contributions
41.35.500
[Title 41 RCW—page 218]
(2010 Ed.)
Washington School Employees’ Retirement System
ninety days, if the member has not made a choice to become
a member of plan 2, he or she becomes a member of plan 3.
(2) For administrative efficiency, until a member elects
to become a member of plan 3, or becomes a member of plan
3 by default under subsection (1) of this section, the member
shall be reported to the department in plan 2, with member
and employer contributions. Upon becoming a member of
plan 3 by election or by default, all service credit shall be
transferred to the member’s plan 3 defined benefit, and all
employee accumulated contributions shall be transferred to
the member’s plan 3 defined contribution account.
(3) The plan choice provision as set forth in section 7,
chapter 491, Laws of 2007 was intended by the legislature as
a replacement benefit for gain-sharing. Until there is legal
certainty with respect to the repeal of *chapter 41.31A RCW,
the right to plan choice under this section is noncontractual,
and the legislature reserves the right to amend or repeal this
section. Legal certainty includes, but is not limited to, the
expiration of any: Applicable limitations on actions; and
periods of time for seeking appellate review, up to and
including reconsideration by the Washington supreme court
and the supreme court of the United States. Until that time,
all classified employees who first become employed by an
employer in an eligible position on or after July 1, 2007, may
choose either plan 2 or plan 3 under this section. If the repeal
of *chapter 41.31A RCW is held to be invalid in a final determination of a court of law, and the court orders reinstatement
of gain-sharing or other alternate benefits as a remedy, then
all classified employees who first become employed by an
employer in an eligible position on or after the date of such
reinstatement shall be members of plan 3. [2007 c 491 § 7;
1998 c 341 § 202.]
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Effective date—2007 c 491 §§ 1, 3, and 7: See note following RCW
41.32.835.
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
41.35.612
41.35.612 Right to waive benefit—Irrevocable
choice. Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable
choice to waive all rights to a benefit under RCW 41.35.620
by notifying the department in writing of their intention.
[2003 c 349 § 2.]
Effective date—2003 c 349: See note following RCW 41.32.837.
41.35.620
41.35.620 Computation of retirement allowance. (1)
A member of the retirement system shall receive a retirement
allowance equal to one percent of such member’s average
final compensation for each service credit year.
(2) The retirement allowance payable under RCW
41.35.680 to a member who separates after having completed
at least twenty service credit years shall be increased by
twenty-five one-hundredths of one percent, compounded for
each month from the date of separation to the date that the
retirement allowance commences. [1998 c 341 § 203.]
(2010 Ed.)
41.35.650
41.35.630 Additional payment. (1) Anyone who
requests to transfer under RCW 41.35.510 before March 1,
2001, and establishes service credit for January 2001, shall
have their member account increased by one hundred thirty
percent of:
(a) The member’s public employees’ retirement system
plan 2 accumulated contributions as of January 1, 2000, less
fifty percent of any payments made pursuant to RCW
41.50.165(2); or
(b) All amounts withdrawn after January 1, 2000, which
are completely restored before March 1, 2001.
(2) If a member who requests to transfer dies before January 1, 2001, the additional payment provided by this section
shall be paid to the member’s estate, or the person or persons,
trust, or organization the member nominated by written designation duly executed and filed with the department.
(3) The legislature reserves the right to modify or discontinue the right to an additional payment under this section for
any plan 2 members who have not previously transferred to
plan 3. [2000 c 230 § 1; 1998 c 341 § 204.]
41.35.630
Effective date—2000 c 230: "This act takes effect September 1, 2000."
[2000 c 230 § 5.]
41.35.640 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.35.680, 41.35.690, or 41.35.710 is eligible to commence
receiving a retirement allowance after having filed written
application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately following such member’s separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.35.680 shall accrue from the first day of
the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member’s separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member’s death. [2003 c 294 § 5; 1998 c 341
§ 205.]
41.35.640
41.35.650 Leaves of absence, military service. (1) A
member who is on a paid leave of absence authorized by a
member’s employer shall continue to receive service credit.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
earnable compensation reported for a member who establishes service credit under this subsection may not be greater
41.35.650
[Title 41 RCW—page 219]
41.35.660
Title 41 RCW: Public Employment, Civil Service, and Pensions
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member’s entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes the contribution on behalf of the
employer, plus interest, as determined by the department; and
(b) The member makes the employee contribution, plus
interest, as determined by the department, to the defined contribution portion.
The contributions required shall be based on the average
of the member’s earnable compensation at both the time the
authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer to
enter the uniformed services of the United States shall be
entitled to retirement system service credit for up to five
years of military service if within ninety days of the member’s honorable discharge from the uniformed services of the
United States, the member applies for reemployment with the
employer who employed the member immediately prior to
the member entering the uniformed services. This subsection
shall be administered in a manner consistent with the requirements of the federal uniformed services employment and
reemployment rights act.
The department shall establish the member’s service
credit and shall bill the employer for its contribution required
under RCW 41.35.720 for the period of military service, plus
interest as determined by the department. Service credit
under this subsection may be obtained only if the member
makes the employee contribution to the defined contribution
portion as determined by the department, or prior to retirement, the member provides to the director proof that the
member’s interruptive military service was during a period of
war as defined in RCW 41.04.005. Any member who made
payments for service credit for interruptive military service
during a period of war as defined in RCW 41.04.005 may,
prior to retirement and on a form provided by the department,
request a refund of the funds standing to his or her credit for
up to five years of such service, and this amount shall be paid
to him or her. Members with one or more periods of interruptive military service during a period of war may receive no
more than five years of free retirement system service credit
under this subsection.
The contributions required shall be based on the compensation the member would have earned if not on leave, or
if that cannot be estimated with reasonable certainty, the
compensation reported for the member in the year prior to
when the member went on military leave.
(a) The surviving spouse or eligible child or children of a
member who left the employ of an employer to enter the uniformed services of the United States and died while serving
in the uniformed services may, on behalf of the deceased
member, apply for retirement system service credit under this
subsection up to the date of the member’s death in the uniformed services. The department shall establish the deceased
member’s service credit if the surviving spouse or eligible
child or children:
[Title 41 RCW—page 220]
(i) Provides to the director proof of the member’s death
while serving in the uniformed services;
(ii) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death; and
(iii) Pays the employee contributions required under this
subsection within five years of the date of death or prior to the
distribution of any benefit, whichever comes first; or
(iv) Prior to the distribution of any benefit, provides to
the director proof that the member’s interruptive military service was during a period of war as defined in RCW
41.04.005. If the deceased member made payments for service credit for interruptive military service during a period of
war as defined in RCW 41.04.005, the surviving spouse or
eligible child or children may, prior to the distribution of any
benefit and on a form provided by the department, request a
refund of the funds standing to the deceased member’s credit
for up to five years of such service, and this amount shall be
paid to the surviving spouse or children. Members with one
or more periods of interruptive military service during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(b) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(i) The member obtains a determination from the director
that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving
in the uniformed services;
(ii) The member provides to the director proof of honorable discharge from the uniformed services; and
(iii) The member pays the employee contributions
required under this subsection within five years of the director’s determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection. [2009
c 205 § 5; 2005 c 64 § 5; 1998 c 341 § 206.]
41.35.660 Purchased service credit—Allocation. (1)
Contributions on behalf of the employer paid by the
employee to purchase plan 3 service credit shall be allocated
to the defined benefit portion of plan 3 and shall not be
refundable when paid to the fund described in RCW
41.50.075(4). Contributions on behalf of the employee shall
be allocated to the member account. If the member fails to
meet the statutory time limitations to purchase plan 3 service
credit, it may be purchased under the provisions of RCW
41.35.660
(2010 Ed.)
Washington School Employees’ Retirement System
41.50.165(2). One-half of the purchase payments under
RCW 41.50.165(2), plus interest, shall be allocated to the
member’s account.
(2) No purchased plan 3 membership service will be
credited until all payments required of the member are made,
with interest. Upon receipt of all payments owed by the member, the department shall bill the employer for any contributions, plus interest, required to purchase membership service.
[1998 c 341 § 207.]
41.35.670 Lump sum payments—Reentry. (1) The
director may pay a member eligible to receive a retirement
allowance or the member’s beneficiary a lump sum payment
in lieu of a monthly benefit if the initial monthly benefit
would be less than one hundred dollars. The one hundred dollar limit shall be increased annually as determined by the
director. The lump sum payment shall be the actuarial equivalent of the monthly benefit.
(2) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to retiring
again, whichever comes first. In computing the amount due,
the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(3) Any member who receives a settlement under this
section is deemed to be retired from this system. [1998 c 341
§ 208.]
41.35.670
41.35.680 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member who is at least age sixty-five
and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve
service credit months after attaining age forty-four; or
(c) Completed five service credit years by September 1,
2000, under the public employees’ retirement system plan 2
and who transferred to plan 3 under RCW 41.35.510;
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.35.620.
(2) EARLY RETIREMENT. Any member who has
attained at least age fifty-five and has completed at least ten
years of service shall be eligible to retire and to receive a
retirement allowance computed according to the provisions
of RCW 41.35.620, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT.
(a) Any member who has completed at least thirty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed
according to the provisions of RCW 41.35.620, except that a
member retiring pursuant to this subsection shall have the
retirement allowance reduced by three percent per year to
41.35.680
(2010 Ed.)
41.35.680
reflect the difference in the number of years between age at
retirement and the attainment of age sixty-five.
(b) On or after September 1, 2008, any member who has
completed at least thirty service credit years and has attained
age fifty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of
RCW 41.35.620, except that a member retiring pursuant to
this subsection shall have the retirement allowance reduced
as follows:
Retirement
Age
55
56
57
58
59
60
61
62
63
64
Percent
Reduction
20%
17%
14%
11%
8%
5%
2%
0%
0%
0%
Any member who retires under the provisions of this
subsection is ineligible for the postretirement employment
provisions of RCW 41.35.060(2) until the retired member has
reached sixty-five years of age. For purposes of this subsection, employment with an employer also includes any personal service contract, service by an employer as a temporary
or project employee, or any other similar compensated relationship with any employer included under the provisions of
RCW 41.35.230(1).
The subsidized reductions for alternate early retirement
in this subsection as set forth in section 8, chapter 491, Laws
of 2007 were intended by the legislature as replacement benefits for gain-sharing. Until there is legal certainty with
respect to the repeal of *chapter 41.31A RCW, the right to
retire under this subsection is noncontractual, and the legislature reserves the right to amend or repeal this subsection.
Legal certainty includes, but is not limited to, the expiration
of any: Applicable limitations on actions; and periods of time
for seeking appellate review, up to and including reconsideration by the Washington supreme court and the supreme
court of the United States. Until that time, eligible members
may still retire under this subsection, and upon receipt of the
first installment of a retirement allowance computed under
this subsection, the resulting benefit becomes contractual for
the recipient. If the repeal of *chapter 41.31A RCW is held
to be invalid in a final determination of a court of law, and the
court orders reinstatement of gain-sharing or other alternate
benefits as a remedy, then retirement benefits for any member who has completed at least thirty service credit years and
has attained age fifty-five but has not yet received the first
installment of a retirement allowance under this subsection
shall be computed using the reductions in (a) of this subsection. [2007 c 491 § 8; 2006 c 33 § 2; 2000 c 247 § 906; 1998
c 341 § 209.]
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
[Title 41 RCW—page 221]
41.35.683
Title 41 RCW: Public Employment, Civil Service, and Pensions
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Benefits not contractual right until September 1, 2008—2007 c 491:
See note following RCW 41.32.765.
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.35.683 Member with terminal illness—Removal
from system. (1) Upon application of the member, a member who is diagnosed with a terminal illness shall be removed
from membership in the system subject to the following conditions:
(a) That the medical adviser, after a medical examination
of the member made by or under the direction of the medical
adviser, has certified in writing that the member has a terminal illness with a life expectancy of five or fewer years; and
(b) That the director concurs in the recommendation of
the medical adviser.
(2) Members removed from the system shall not make
contributions toward a defined contribution account as
defined in chapter 41.34 RCW and shall not accumulate additional service credit.
(3) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to this benefit not granted prior to that
amendment or repeal. [2005 c 131 § 3.]
41.35.683
Effective date—2005 c 131: See note following RCW 41.40.823.
41.35.690 Earned disability allowance—Disposition
upon death of recipient. (1) A member of the retirement
system who becomes totally incapacitated for continued
employment by an employer as determined by the department shall be eligible to receive an allowance under the provisions of plan 3. The member shall receive a monthly disability allowance computed as provided for in RCW
41.35.620 and shall have this allowance actuarially reduced
to reflect the difference in the number of years between age at
disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies, any further benefit payments shall be
conditioned by the payment option selected by the retiree as
provided in RCW 41.35.220. [1998 c 341 § 210.]
41.35.690
41.35.700 Restored, purchased service credit under
plan 2—Transfer to plan 3. (1) Any member who elects to
transfer to plan 3 and has eligible unrestored withdrawn contributions in plan 2, may restore such contributions under the
provisions of RCW 41.35.500 with interest as determined by
the department. The restored plan 2 service credit will be
automatically transferred to plan 3. Restoration payments
will be transferred to the member account in plan 3. If the
member fails to meet the time limitations of RCW 41.35.500,
41.35.700
[Title 41 RCW—page 222]
they may restore such contributions under the provisions of
RCW 41.50.165(2). The restored plan 2 service credit will be
automatically transferred to plan 3. One-half of the restoration payments under RCW 41.50.165(2) plus interest shall be
allocated to the member’s account.
(2) Any member who elects to transfer to plan 3 may
purchase plan 2 service credit under RCW 41.35.500. Purchased plan 2 service credit will be automatically transferred
to plan 3. Contributions on behalf of the employer paid by the
employee shall be allocated to the defined benefit portion of
plan 3 and shall not be refundable when paid to the fund
described in RCW 41.50.075(4). Contributions on behalf of
the employee shall be allocated to the member account. If the
member fails to meet the time limitations of RCW 41.35.500,
they may subsequently restore such contributions under the
provisions of RCW 41.50.165(2). Purchased plan 2 service
credit will be automatically transferred to plan 3. One-half of
the payments under RCW 41.50.165(2), plus interest, shall be
allocated to the member’s account. [2002 c 26 § 6; 1998 c
341 § 211.]
41.35.710 Death benefits. (1) If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided in
RCW 41.35.620 actuarially reduced to reflect a joint and one
hundred percent survivor option and, except under subsection
(2) of this section, if the member was not eligible for normal
retirement at the date of death a further reduction as described
in RCW 41.35.680.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member’s death, such member’s
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and
member were equal at the time of the member’s death.
(2) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, or a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to an actuarial reduction under
RCW 41.35.680. The member’s retirement allowance is
computed under RCW 41.35.620. [2009 c 226 § 9; 2003 c
155 § 5; 1998 c 341 § 212.]
41.35.710
Applicability—2003 c 155: See note following RCW 41.32.520.
41.35.720 Employer contribution rates. The required
contribution rates to the retirement system for employers
shall be established by the director from time to time as may
be necessary upon the advice of the state actuary. The state
actuary shall use the aggregate actuarial cost method to calculate contribution rates. The employer contribution rate calculated under this section shall be used only for the purpose of
41.35.720
(2010 Ed.)
Washington Public Safety Employees’ Retirement System
determining the amount of employer contributions to be
deposited in the plan 2 fund from the total employer contributions collected under RCW 41.35.090.
Any increase in the contribution rate required as the
result of a failure of an employer to make any contribution
required by this section shall be borne in full by the employer
not making the contribution.
The director shall notify all employers of any pending
adjustment in the required contribution rate and such increase
shall be announced at least thirty days prior to the effective
date of the change.
The employer’s contribution shall be remitted directly to
the department within fifteen days following the end of the
calendar month during which the payroll period ends. [1998
c 341 § 213.]
41.35.900 Benefits not contractual right until September 1, 2000. The benefits provided pursuant to chapter
341, Laws of 1998 are not provided to employees as a matter
of contractual right prior to September 1, 2000. The legislature retains the right to alter or abolish these benefits at any
time prior to September 1, 2000. [1998 c 341 § 713.]
41.35.900
Additional notes found at www.leg.wa.gov
41.35.901 Effective date—1998 c 341. Except for sections 303, 306 through 309, 404, 505, 507, 515, 701, 707, and
710 through 713 of this act, this act takes effect September 1,
2000. [1998 c 341 § 714.]
41.35.901
Chapter 41.37 RCW
WASHINGTON PUBLIC SAFETY EMPLOYEES’
RETIREMENT SYSTEM
Chapter 41.37
Sections
41.37.005
41.37.010
41.37.015
41.37.020
41.37.030
41.37.050
41.37.060
41.37.070
41.37.080
41.37.090
41.37.100
41.37.110
41.37.120
41.37.130
41.37.135
41.37.140
41.37.145
41.37.150
41.37.155
41.37.160
41.37.170
41.37.180
41.37.190
41.37.200
41.37.210
41.37.220
41.37.230
(2010 Ed.)
Intent.
Definitions.
System created—Administration.
Membership.
Nonelective position—Eligible position, when.
Reduction of retirement allowance upon reemployment—
Reinstatement of membership.
Duty disability retirement recipients—Continued service
credit.
Members agree to deductions.
Employer’s contribution—Computation—Billing.
Exemption from taxation and judicial process—Exemptions—
Assignability—Deductions authorized.
Disability retirement—Criminal conduct.
Death benefit—Course of employment—Occupational disease
or infection.
False statements—Penalty.
Hearing prior to appeal required—Notice.
Hearing prior to appeal required—Conduct of hearing.
Judicial review of final decision.
Appeal—No bond required.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Postretirement cost-of-living.
Options for payment of retirement allowances—Courtapproved property settlement.
Suspension of retirement allowance upon reemployment—
Exceptions—Reinstatement.
Computation of retirement allowance.
Lump sum retirement allowance—Reentry—Reinstatement of
service.
Retirement eligibility.
Employer and member contribution rates.
Disability allowance—Actuarial reduction—Disposition upon
death of recipient.
41.37.240
41.37.250
41.37.260
41.37.265
41.37.270
41.37.280
41.37.290
41.37.900
41.37.901
41.37.902
41.37.010
Application for and effective date of retirement allowances.
Death benefits.
Leaves of absence, military service.
Purchase of additional service credit—Costs—Rules.
Vested membership.
Refund of contributions.
Reentry.
Benefits not contractual right until July 1, 2006.
Effective date—2004 c 242.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
41.37.005 Intent. It is the intent of the legislature to
establish a separate public safety employees’ retirement system for certain public employees whose jobs contain a high
degree of physical risk to their own personal safety and who
provide public protection of lives and property, but who are
not eligible for membership in the law enforcement officers’
and firefighters’ retirement system. [2006 c 309 § 1; 2004 c
242 § 1.]
41.37.005
Effective date—2006 c 309: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 29, 2006]." [2006 c 309 § 6.]
41.37.010 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member’s individual account, including any amount paid under
RCW 41.50.165(2), together with the regular interest
thereon.
(2) "Actuarial equivalent" means a benefit of equal value
when computed upon the basis of such mortality and other
tables as may be adopted by the director.
(3) "Adjustment ratio" means the value of index A
divided by index B.
(4) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(5)(a) "Average final compensation" means the member’s average compensation earnable of the highest consecutive sixty months of service credit months prior to such member’s retirement, termination, or death. Periods constituting
authorized leaves of absence may not be used in the calculation of average final compensation except under RCW
41.37.290.
(b) In calculating average final compensation under (a)
of this subsection, the department of retirement systems shall
include any compensation forgone by a member employed by
a state agency or institution during the 2009-2011 fiscal biennium as a result of reduced work hours, mandatory or voluntary leave without pay, or temporary layoffs if the reduced
compensation is an integral part of the employer’s expenditure reduction efforts, as certified by the employer.
(6) "Beneficiary" means any person in receipt of a retirement allowance or other benefit provided by this chapter
resulting from service rendered to an employer by another
person.
(7)(a) "Compensation earnable" for members, means salaries or wages earned by a member during a payroll period
for personal services, including overtime payments, and shall
include wages and salaries deferred under provisions estab41.37.010
[Title 41 RCW—page 223]
41.37.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
lished pursuant to sections 403(b), 414(h), and 457 of the
United States internal revenue code, but shall exclude nonmoney maintenance compensation and lump sum or other
payments for deferred annual sick leave, unused accumulated
vacation, unused accumulated annual leave, or any form of
severance pay.
(b) "Compensation earnable" for members also includes
the following actual or imputed payments, which are not paid
for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position, or payments
by an employer to an individual in lieu of reinstatement,
which are awarded or granted as the equivalent of the salary
or wage which the individual would have earned during a
payroll period shall be considered compensation earnable to
the extent provided in this subsection, and the individual shall
receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member’s compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member’s actual compensation earnable
received for nonlegislative public employment and legislative service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid
by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.37.060;
(v) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(8) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(9) "Director" means the director of the department.
(10) "Eligible position" means any permanent, full-time
position included in subsection (19) of this section.
(11) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer’s direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(12) "Employer" means the Washington state department of corrections, the Washington state parks and recreation commission, the Washington state gambling commission, the Washington state patrol, the Washington state
department of natural resources, and the Washington state
liquor control board; any county corrections department; or
[Title 41 RCW—page 224]
any city corrections department not covered under chapter
41.28 RCW.
(13) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of
employment.
(14) "Index" means, for any calendar year, that year’s
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(15) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(16) "Index B" means the index for the year prior to
index A.
(17) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(10) of this section.
(18) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from service without being separated from membership.
(19) "Member" means any employee employed by an
employer on a full-time basis:
(a) Who is in a position that requires completion of a certified criminal justice training course and is authorized by
their employer to arrest, conduct criminal investigations,
enforce the criminal laws of the state of Washington, and
carry a firearm as part of the job;
(b) Whose primary responsibility is to ensure the custody
and security of incarcerated or probationary individuals as a
corrections officer, probation officer, or jailer;
(c) Who is a limited authority Washington peace officer,
as defined in RCW 10.93.020, for an employer; or
(d) Whose primary responsibility is to supervise members eligible under this subsection.
(20) "Membership service" means all service rendered as
a member.
(21) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(22) "Plan" means the Washington public safety employees’ retirement system plan 2.
(23) "Regular interest" means such rate as the director
may determine.
(24) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(25) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(26) "Retirement allowance" means monthly payments
to a retiree or beneficiary as provided in this chapter.
(27) "Retirement system" means the Washington public
safety employees’ retirement system provided for in this
chapter.
(28) "Separation from service" occurs when a person has
terminated all employment with an employer.
(29) "Service" means periods of employment by a member on or after July 1, 2006, for one or more employers for
which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month
shall constitute one service credit month. Compensation
(2010 Ed.)
Washington Public Safety Employees’ Retirement System
earnable earned for at least seventy hours but less than ninety
hours in any calendar month shall constitute one-half service
credit month of service. Compensation earnable earned for
less than seventy hours in any calendar month shall constitute
one-quarter service credit month of service. Time spent in
standby status, whether compensated or not, is not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(a) Service in any state elective position shall be deemed
to be full-time service.
(b) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(30) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(31) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(32) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(33) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(34) "State treasurer" means the treasurer of the state of
Washington. [2010 1st sp.s. c 32 § 8. Prior: 2007 c 492 § 11;
2007 c 294 § 1; 2006 c 309 § 2; 2005 c 327 § 4; 2004 c 242 §
2.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Intent—Conflict with federal requirements—Effective date—2010
1st sp.s. c 32: See notes following RCW 42.04.060.
Effective date—2006 c 309: See note following RCW 41.37.005.
Effective date—2005 c 327 §§ 4-7: "Sections 4 through 7 of this act
take effect July 1, 2006." [2005 c 327 § 12.]
41.37.015 System created—Administration. A retirement system is hereby created for public safety employees of
the Washington state department of corrections, the Washington state parks and recreation commission, the Washington state gambling commission, the Washington state patrol,
the Washington state liquor control board, county corrections
departments, and city corrections departments not covered
under chapter 41.28 RCW. The administration and management of the retirement system, the responsibility for making
effective the provisions of this chapter, and the authority to
make all rules necessary therefor are hereby vested in the
department. All rules shall be governed by chapter 34.05
RCW. This retirement system shall be known as the Washington public safety employees’ retirement system. [2004 c
242 § 3.]
41.37.015
41.37.020 Membership. Membership in the retirement
system shall consist of all regularly compensated public
safety employees who are members as defined in *RCW
41.37.010(5), with the following exceptions:
(1) Persons in ineligible positions;
41.37.020
(2010 Ed.)
41.37.020
(2)(a) Persons holding elective offices or persons
appointed directly by the governor to statewide elective
offices: PROVIDED, That such persons shall have the
option of continuing membership during such periods of
employment: AND PROVIDED FURTHER, That any persons holding or who have held elective offices or persons
appointed by the governor who are members in the retirement
system and who have, prior to becoming such members, previously held an elective office, and did not at the start of such
initial or successive terms of office exercise their option to
become members, may apply for membership to be effective
during such term or terms of office, and shall be allowed to
establish the service credit applicable to such term or terms of
office upon payment of the employee contributions therefor
by the employee with interest as determined by the director
and employer contributions therefor by the employer or
employee with interest as determined by the director: AND
PROVIDED FURTHER, That all contributions with interest
submitted by the employee under this subsection shall be
placed in the employee’s individual account in the
employee’s savings fund and be treated as any other contribution made by the employee, with the exception that any
contributions submitted by the employee in payment of the
employer’s obligation, together with the interest the director
may apply to the employer’s contribution, shall not be considered part of the member’s annuity for any purpose except
withdrawal of contributions;
(b) A member holding elective office who has elected to
apply for membership pursuant to (a) of this subsection and
who later wishes to be eligible for a retirement allowance
shall have the option of ending his or her membership in the
retirement system. A member wishing to end his or her membership under this subsection must file on a form supplied by
the department a statement indicating that the member agrees
to irrevocably abandon any claim for service for future periods served as an elected official. A member who receives
more than fifteen thousand dollars per year in compensation
for his or her elective service, adjusted annually for inflation
by the director, is not eligible for the option provided by this
subsection (2)(b);
(3) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may
elect to prospectively become a member of the retirement
system if otherwise eligible;
(4) Persons enrolled in state-approved apprenticeship
programs, authorized under chapter 49.04 RCW, and who are
employed by employers to earn hours to complete such
apprenticeship programs, if the employee is a member of a
union-sponsored retirement plan and is making contributions
to such a retirement plan or if the employee is a member of a
Taft-Hartley retirement plan;
(5) Persons rendering professional services to an
employer on a fee, retainer, or contract basis or when the
income from these services is less than fifty percent of the
gross income received from the person’s practice of a profession; and
(6) Employees who (a) are not citizens of the United
States, (b) are not covered by chapter 41.48 RCW, (c) are not
excluded from membership under this chapter or chapter
41.04 RCW, (d) are residents of this state, and (e) make an
irrevocable election to be excluded from membership, in
[Title 41 RCW—page 225]
41.37.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
writing, which is submitted to the director within thirty days
after employment in an eligible position. [2005 c 327 § 5;
2004 c 242 § 4.]
*Reviser’s note: RCW 41.37.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (5) to subsection (19).
Effective date—2005 c 327 §§ 4-7: See note following RCW
41.37.010.
41.37.030 Nonelective position—Eligible position,
when. Any person who has been employed in a nonelective
position for at least nine months and who has made member
contributions required under this chapter throughout such
period, shall be deemed to have been in an eligible position
during such period of employment. [2004 c 242 § 6.]
41.37.030
41.37.050 Reduction of retirement allowance upon
reemployment—Reinstatement of membership. (1)(a) If a
retiree enters employment in an eligible position with an
employer as defined in this chapter sooner than one calendar
month after his or her accrual date, the retiree’s monthly
retirement allowance will be reduced by five and one-half
percent for every eight hours worked during that month. This
reduction will be applied each month until the retiree remains
absent from employment with an employer for one full calendar month.
(b) If a retiree enters employment in an eligible position
with an employer as defined in chapter 41.32, 41.35, or 41.40
RCW sooner than one calendar month after his or her accrual
date, the retiree’s monthly retirement allowance will be
reduced by five and one-half percent for every eight hours
worked during that month. This reduction will be applied
each month until the retiree remains absent from employment
with an employer for one full calendar month.
(c) The benefit reduction provided in (a) and (b) of this
subsection will accrue for a maximum of one hundred sixty
hours per month. Any benefit reduction over one hundred
percent will be applied to the benefit the retiree is eligible to
receive in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section may work up to
eight hundred sixty-seven hours per calendar year in an eligible position as defined in RCW 41.32.010, 41.35.010, or
41.40.010, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
this chapter, he or she terminates his or her retirement status
and becomes a member. Retirement benefits shall not accrue
during the period of membership and the individual shall
make contributions and receive membership credit. Such a
member shall have the right to again retire if eligible in accordance with this chapter. However, if the right to retire is
exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the member had at the time of the
member’s previous retirement shall be reinstated.
(4) The department shall collect and provide the state
actuary with information relevant to the use of this section for
the select committee on pension policy. [2005 c 327 § 6;
2004 c 242 § 8.]
41.37.050
Effective date—2005 c 327 §§ 4-7: See note following RCW
41.37.010.
[Title 41 RCW—page 226]
41.37.060 Duty disability retirement recipients—
Continued service credit. Those members subject to this
chapter who became disabled in the line of duty and who
received or are receiving benefits under Title 51 RCW or a
similar federal workers’ compensation program shall receive
or continue to receive service credit subject to the following:
(1) No member may receive more than one month’s service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the
director on both employee and employer contributions. Service credit shall not be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be
granted for a period to exceed twenty-four consecutive
months.
(7) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right. [2007 c 49 § 4; 2004 c 242 § 9.]
41.37.060
41.37.070 Members agree to deductions. The deductions from the compensation of members, provided for in
RCW 41.37.220, shall be made notwithstanding that the minimum compensation provided for by law for any member
shall be reduced thereby. Every member shall be deemed to
consent and agree to the deductions made and provided for in
this chapter and receipt in full for his or her salary or compensation, and payment, less the deductions, shall be a full and
complete discharge and acquittance of all claims and
demands whatsoever for the services rendered by the person
during the period covered by the payment, except as to benefits provided for under this chapter. [2004 c 242 § 10.]
41.37.070
41.37.080 Employer’s contribution—Computation—
Billing. (1) The director shall report to each employer the
contribution rates required for the ensuing biennium or fiscal
year, whichever is applicable.
(2) Beginning July 1, 2006, the amount to be collected as
the employer’s contribution shall be computed by applying
the applicable rates established in chapter 41.45 RCW to the
total compensation earnable of employer’s members as
shown on the current payrolls of the employer. Each
employer shall compute at the end of each month the amount
due for that month and the same shall be paid as are its other
obligations.
(3) In the event of failure, for any reason, of an employer
other than a political subdivision of the state to have remitted
amounts due for membership service of any of the
employer’s members rendered during a prior biennium, the
director shall bill that employer for the employer’s contribu41.37.080
(2010 Ed.)
Washington Public Safety Employees’ Retirement System
tion together with the charges the director deems appropriate
in accordance with RCW 41.50.120. This billing shall be
paid by the employer as, and the same shall be, a proper
charge against any moneys available or appropriated to the
employer for payment of current biennial payrolls. [2004 c
242 § 11.]
41.37.090 Exemption from taxation and judicial process—Exemptions—Assignability—Deductions authorized. (1) Subject to subsections (2) and (3) of this section,
the right of a person to a pension, an annuity, or retirement
allowance, any optional benefit, any other right accrued or
accruing to any person under this chapter, the various funds
created by this chapter, and all moneys and investments and
income thereof, are hereby exempt from any state, county,
municipal, or other local tax, and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy
or insolvency laws, or other process of law whatsoever, and
shall be unassignable.
(2) This section does not prohibit a beneficiary of a
retirement allowance from authorizing deductions therefrom
for payment of premiums due on any group insurance policy
or plan issued for the benefit of a group comprised of public
employees of the state of Washington or its political subdivisions and which has been approved for deduction in accordance with rules that may be adopted by the state health care
authority and/or the department. This section also does not
prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of dues and other
membership fees to any retirement association or organization the membership of which is composed of retired public
employees, if a total of three hundred or more retired employees have authorized the deduction for payment to the same
retirement association or organization.
(3) Subsection (1) of this section does not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department to pay benefits directly to an obligee
under a dissolution order as defined in RCW 41.50.500(3)
which fully complies with RCW 41.50.670 and 41.50.700, or
(f) any administrative or court order expressly authorized by
federal law. [2004 c 242 § 12.]
41.37.090
41.37.100 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.37.230 if the disability is the result of criminal conduct by the member committed after July 1, 2006.
[2004 c 242 § 13.]
41.37.150
the member’s death benefit shall be paid to the member’s surviving spouse as if in fact the spouse had been nominated by
written designation, or if there is no surviving spouse, then to
the member’s legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of (a) injuries sustained in the
course of employment; or (b) an occupational disease or
infection that arises naturally and proximately out of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with Title 51
RCW by the department of labor and industries. The department of labor and industries shall notify the department of
retirement systems by order under RCW 51.52.050. [2007 c
487 § 5; 2004 c 242 § 14.]
41.37.120 False statements—Penalty. Any person
who knowingly makes any false statements, or falsifies or
permits to be falsified any record or records of this retirement
system in any attempt to defraud the retirement system as a
result of such an act, is guilty of a gross misdemeanor. [2004
c 242 § 15.]
41.37.120
41.37.130 Hearing prior to appeal required—Notice.
Any person aggrieved by any decision of the department
affecting his or her legal rights, duties, or privileges must,
before he or she appeals to the courts, file with the director by
mail or personally within sixty days from the day the decision
was communicated to the person, a notice for a hearing
before the director’s designee. The notice of hearing shall set
forth in full detail the grounds upon which the person considers the decision unjust or unlawful and shall include every
issue to be considered by the department, and it must contain
a detailed statement of facts upon which the person relies in
support of the appeal. These persons shall be deemed to have
waived all objections or irregularities concerning the matter
on which the appeal is taken, other than those specifically set
forth in the notice of hearing or appearing in the records of
the retirement system. [2004 c 242 § 16.]
41.37.130
41.37.135 Hearing prior to appeal required—Conduct of hearing. Following its receipt of a notice for hearing
in accordance with RCW 41.37.130, a hearing shall be held
by the director or an authorized representative, in the county
of the residence of the claimant at a time and place designated
by the director. This hearing shall be conducted and governed in all respects by chapter 34.05 RCW. [2004 c 242 §
17.]
41.37.135
41.37.100
41.37.140 Judicial review of final decision. Judicial
review of any final decision and order by the director is governed by chapter 34.05 RCW. [2004 c 242 § 18.]
41.37.140
41.37.145 Appeal—No bond required. A bond of any
kind shall not be required of a claimant appealing to the superior court, the court of appeals, or the supreme court from a
finding of the department affecting the claimant’s right to
retirement or disability benefits. [2004 c 242 § 19.]
41.37.145
41.37.110 Death benefit—Course of employment—
Occupational disease or infection. (1) A one hundred fifty
thousand dollar death benefit shall be paid to the member’s
estate, or the person or persons, trust, or organization the
member has nominated by written designation duly executed
and filed with the department. If the designated person or
persons are not still living at the time of the member’s death,
41.37.110
(2010 Ed.)
41.37.150 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
41.37.150
[Title 41 RCW—page 227]
41.37.155
Title 41 RCW: Public Employment, Civil Service, and Pensions
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect on
retirement benefits under this chapter. [2004 c 242 § 20.]
41.37.155 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [2004 c 242 § 21.]
41.37.155
41.37.160 Postretirement cost-of-living. Beginning
July 1, 2006, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index,
Seattle, Washington area, for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [2004 c 242 § 22.]
41.37.160
41.37.170 Options for payment of retirement allowances—Court-approved property settlement. (1) Upon
retirement for service as prescribed in RCW 41.37.210 or
retirement for disability under RCW 41.37.230, a member
shall elect to have the retirement allowance paid pursuant to
one of the following options, calculated so as to be actuarially
equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout the
member’s life. If the retiree dies before the total of the retirement allowance paid to the retiree equals the amount of the
retiree’s accumulated contributions at the time of retirement,
then the balance shall be paid to the member’s estate, or the
person or persons, trust, or organization the retiree nominated
by written designation duly executed and filed with the
department; or if there is no designated person or persons still
living at the time of the retiree’s death, then to the surviving
spouse; or if there is neither a designated person or persons
41.37.170
[Title 41 RCW—page 228]
still living at the time of death nor a surviving spouse, then to
the retiree’s legal representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, the portion of the member’s reduced retirement allowance as the department by rule
designates shall be continued throughout the life of and paid
to a person nominated by the member by written designation
duly executed and filed with the department at the time of
retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member’s retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) The department shall adopt rules that allow a member
additional actuarially equivalent survivor benefit options, and
shall include, but are not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) The department shall adopt rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.37.210 and the member’s
(2010 Ed.)
Washington Public Safety Employees’ Retirement System
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.37.210(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2004
c 242 § 23.]
41.37.180
41.37.180 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (1) Except
as provided in RCW 41.37.050, a retiree shall not be eligible
to receive the retiree’s monthly retirement allowance if he or
she is employed in an eligible position as defined in RCW
41.37.010, or RCW 41.35.010, 41.40.010, or 41.32.010, or as
a law enforcement officer or firefighter as defined in RCW
41.26.030, except that a retiree who ends his or her membership in the retirement system pursuant to RCW
41.37.020(2)(b) is not subject to this section if the retiree’s
only employment is as an elective official.
(2) If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree’s benefits
shall be actuarially recomputed pursuant to the rules adopted
by the department.
(3) The department shall adopt rules implementing this
section. [2004 c 242 § 24.]
41.37.190
41.37.190 Computation of retirement allowance. A
member of the retirement system shall receive a retirement
allowance equal to two percent of such member’s average
final compensation for each service credit year of service.
[2004 c 242 § 25.]
(2010 Ed.)
41.37.210
41.37.200 Lump sum retirement allowance—Reentry—Reinstatement of service. (1) The director may pay a
member eligible to receive a retirement allowance or the
member’s beneficiary, subject to subsection (5) of this section, a lump sum payment in lieu of a monthly benefit if the
initial monthly benefit computed in accordance with RCW
41.37.190 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of the
monthly benefits or an amount equal to the individual’s accumulated contributions plus accrued interest.
(2) A retiree or a beneficiary, subject to subsection (5) of
this section, who is receiving a regular monthly benefit of
less than fifty dollars may request, in writing, to convert from
a monthly benefit to a lump sum payment. If the director
approves the conversion, the calculation of the actuarial
equivalent of the total estimated regular benefit will be computed based on the beneficiary’s age at the time the benefit
initially accrued. The lump sum payment will be reduced to
reflect any payments received on or after the initial benefit
accrual date.
(3) Persons covered under subsection (1) of this section
may upon returning to member status reinstate all previous
service by depositing the lump sum payment received, with
interest as computed by the director, within two years of
returning to service or prior to reretiring, whichever comes
first. In computing the amount due, the director shall exclude
the accumulated value of the normal payments the member
would have received while in beneficiary status if the lump
sum payment had not occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.37.210 or an earned disability allowance under RCW 41.37.230 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [2004 c 242 § 26.]
41.37.200
41.37.210 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member with at least five service
credit years who has attained at least age sixty-five shall be
eligible to retire and to receive a retirement allowance computed according to RCW 41.37.190.
(2) UNREDUCED RETIREMENT. Any member who
has completed at least ten service credit years in the public
safety employees’ retirement system and has attained age
sixty shall be eligible to retire and to receive a retirement
allowance computed according to RCW 41.37.190.
(3) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years and has
attained age fifty-three shall be eligible to retire and to
receive a retirement allowance computed according to RCW
41.37.190, except that a member retiring pursuant to this subsection shall have the retirement allowance reduced by three
percent per year to reflect the difference in the number of
41.37.210
[Title 41 RCW—page 229]
41.37.220
Title 41 RCW: Public Employment, Civil Service, and Pensions
years between age at retirement and the attainment of age
sixty. [2004 c 242 § 27.]
41.37.220 Employer and member contribution rates.
The required contribution rates to the retirement system for
both members and employers shall be established by the
director from time to time as may be necessary upon the
advice of the state actuary. The state actuary shall use the
aggregate actuarial cost method to calculate contribution
rates. The employer contribution rate calculated under this
section shall be used only for the purpose of determining the
amount of employer contributions to be deposited in the plan
2 fund from the total employer contributions collected under
RCW 41.37.080.
Contribution rates required to fund the costs of the retirement system shall always be equal for members and employers, except under this section. Any adjustments in contribution rates required from time to time for future costs shall
likewise be shared equally by the members and employers.
Any increase in the contribution rate required as the
result of a failure of an employer to make any contribution
required by this section shall be borne in full by the employer
not making the contribution.
The director shall notify all employers of any pending
adjustment in the required contribution rate and the increase
shall be announced at least thirty days prior to the effective
date of the change.
A member’s contributions required by this section shall
be deducted from the member’s compensation earnable each
payroll period. The member’s contribution and the
employer’s contribution shall be remitted directly to the
department within fifteen days following the end of the calendar month during which the payroll period ends. [2004 c
242 § 28.]
41.37.220
41.37.230 Disability allowance—Actuarial reduction—Disposition upon death of recipient. (1)(a) A member of the retirement system with at least ten years of service
in the public safety employees’ retirement system who
becomes totally incapacitated for continued employment as
an employee by an employer, as determined by the department, shall be eligible to receive an allowance under RCW
41.37.190 through 41.37.290. The member shall receive a
monthly disability allowance computed as provided for in
RCW 41.37.190 and shall have this allowance actuarially
reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty.
(b) A member of the retirement system with less than ten
years of service who becomes totally incapacitated for continued employment by an employer, as determined by the
department, shall be eligible to receive an allowance under
RCW 41.37.190 through 41.37.290. The member shall
receive a monthly disability allowance computed as provided
for in RCW 41.37.190 and shall have this allowance actuarially reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty-five.
(2) Any member who receives an allowance under this
section shall be subject to comprehensive medical examinations as required by the department. If these medical examinations reveal that a member has recovered from the incapac41.37.230
[Title 41 RCW—page 230]
itating disability and the member is offered reemployment by
an employer at a comparable compensation, the member shall
cease to be eligible for the allowance.
(3) If the recipient of a monthly allowance under this
section dies before the total of the allowance payments equal
the amount of the accumulated contributions at the date of
retirement, then the balance shall be paid to the member’s
estate, or the person or persons, trust, or organization the
recipient has nominated by written designation duly executed
and filed with the director. If there is no designated person or
persons still living at the time of the recipient’s death, then to
the surviving spouse, or, if there is no designated person or
persons still living at the time of his or her death nor a surviving spouse, then to his or her legal representative. [2004 c
242 § 29.]
41.37.240
41.37.240 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under RCW 41.37.210,
41.37.230, or 41.37.250 shall be eligible to commence
receiving a retirement allowance after having filed written
application with the department.
(1) Retirement allowances paid to members under RCW
41.37.210 shall accrue from the first day of the calendar
month immediately following the member’s separation from
employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for an allowance pursuant to
RCW 41.37.210, shall accrue from the first day of the calendar month immediately following the qualification.
(3) Disability allowances paid to disabled members
under RCW 41.37.230 shall accrue from the first day of the
calendar month immediately following the member’s separation from employment for disability.
(4) Retirement allowances paid as death benefits under
RCW 41.37.250 shall accrue from the first day of the calendar month immediately following the member’s death. [2004
c 242 § 30.]
41.37.250
41.37.250 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to that member’s
credit in the retirement system at the time of the member’s
death, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member’s estate, or the person or persons, trust, or organization as
the member shall have nominated by written designation duly
executed and filed with the department. If there is no designated person or persons still living at the time of the member’s death, the member’s accumulated contributions standing to the member’s credit in the retirement system, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670, shall be paid to the member’s surviving spouse as if in fact that spouse had been nominated by
written designation, or if there is no surviving spouse, then to
the member’s legal representatives.
(2010 Ed.)
Washington Public Safety Employees’ Retirement System
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 41.37.210, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.37.170 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.37.210; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then the child or children shall continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
share alike, until the child or children reach the age of majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member’s death, the member’s
child or children under the age of majority shall receive an
allowance, share and share alike, calculated under this section making the assumption that the ages of the spouse and
member were equal at the time of the member’s death; or
(b) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies and is
not survived by a spouse or an eligible child, then the accumulated contributions standing to the member’s credit, less
any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid:
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(b) If there is no designated person or persons still living
at the time of the member’s death, then to the member’s legal
representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, or a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to reduction under RCW
41.37.210. The member’s retirement allowance is computed
under RCW 41.37.190. [2009 c 226 § 10; 2005 c 327 § 7;
2004 c 242 § 31.]
Effective date—2005 c 327 §§ 4-7: See note following RCW
41.37.010.
41.37.260 Leaves of absence, military service. (1) A
member who is on a paid leave of absence authorized by a
member’s employer shall continue to receive service credit as
provided for under RCW 41.37.190 through 41.37.290.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
41.37.260
(2010 Ed.)
41.37.260
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
compensation earnable reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member’s entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. This credit may be
obtained only if:
(a) The member makes both the employer and member
contributions plus interest as determined by the department
for the period of the authorized leave of absence within five
years of resumption of service or prior to retirement whichever comes sooner; or
(b) If not within five years of resumption of service but
prior to retirement, pay the amount required under RCW
41.50.165(2).
The contributions required under (a) of this subsection
shall be based on the average of the member’s compensation
earnable at both the time the authorized leave of absence was
granted and the time the member resumed employment.
(4) A member who leaves the employ of an employer to
enter the uniformed services of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment
rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member’s honorable discharge from the uniformed services of the United States, the
member applies for reemployment with the employer who
employed the member immediately prior to the member
entering the uniformed services; and
(ii) The member makes the employee contributions
required under RCW 41.37.220 within five years of resumption of service or prior to retirement, whichever comes
sooner; or
(iii) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2); or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
[Title 41 RCW—page 231]
41.37.265
Title 41 RCW: Public Employment, Civil Service, and Pensions
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(b) Upon receipt of member contributions under (a)(ii),
(d)(iii), or (e)(iii) of this subsection, or adequate proof under
(a)(iv), (d)(iv), or (e)(iv) of this subsection, the department
shall establish the member’s service credit and shall bill the
employer for its contribution required under RCW 41.37.220
for the period of military service, plus interest as determined
by the department.
(c) The contributions required under (a)(ii), (d)(iii), or
(e)(iii) of this subsection shall be based on the compensation
the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation
reported for the member in the year prior to when the member
went on military leave.
(d) The surviving spouse or eligible child or children of
a member who left the employ of an employer to enter the
uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased
member, apply for retirement system service credit under this
subsection up to the date of the member’s death in the uniformed services. The department shall establish the deceased
member’s service credit if the surviving spouse or eligible
child or children:
(i) Provides to the director proof of the member’s death
while serving in the uniformed services;
(ii) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death; and
(iii) Pays the employee contributions required under
chapter 41.45 RCW within five years of the date of death or
prior to the distribution of any benefit, whichever comes first;
or
(iv) Prior to the distribution of any benefit, provides to
the director proof that the member’s interruptive military service was during a period of war as defined in RCW
41.04.005. If the deceased member made payments for service credit for interruptive military service during a period of
war as defined in RCW 41.04.005, the surviving spouse or
eligible child or children may, prior to the distribution of any
benefit and on a form provided by the department, request a
refund of the funds standing to the deceased member’s credit
for up to five years of such service, and this amount shall be
paid to the surviving spouse or children. Members with one
or more periods of interruptive military service during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(e) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(i) The member obtains a determination from the director
that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving
in the uniformed services;
(ii) The member provides to the director proof of honorable discharge from the uniformed services; and
[Title 41 RCW—page 232]
(iii) The member pays the employee contributions
required under chapter 41.45 RCW within five years of the
director’s determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection. [2009
c 205 § 3; 2005 c 64 § 11; 2004 c 242 § 32.]
Effective date—2005 c 64 § 11: "Section 11 of this act takes effect July
1, 2006." [2005 c 64 § 12.]
41.37.265 Purchase of additional service credit—
Costs—Rules. (1) A member eligible to retire under RCW
41.37.210 may, at the time of filing a written application for
retirement with the department, apply to the department to
make a one-time purchase of up to five years of additional
service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member’s benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(4) Additional service credit purchased under this section is not membership service and shall be used exclusively
to provide the member with a monthly annuity that is paid in
addition to the member’s retirement allowance. [2006 c 214
§ 4.]
41.37.265
Effective date—2006 c 214: See note following RCW 41.40.034.
41.37.270 Vested membership. A member who separates or has separated after having completed at least five
years of service may remain a member during the period of
the member’s absence from service for the exclusive purpose
only of receiving a retirement allowance under RCW
41.37.210 if the member maintains the member’s accumulated contributions intact. [2004 c 242 § 33.]
41.37.270
41.37.280 Refund of contributions. A member who
ceases to be an employee of an employer except by service or
41.37.280
(2010 Ed.)
Washington Public Employees’ Retirement System
disability retirement may request a refund of the member’s
accumulated contributions. The refund shall be made within
ninety days following the receipt of the request and notification of termination through the contribution reporting system
by the employer; except that in the case of death, an initial
payment shall be made within thirty days of receipt of request
for such payment and notification of termination through the
contribution reporting system by the employer. A member
who files a request for refund and subsequently enters into
employment with another employer prior to the refund being
made shall not be eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits
under RCW 41.37.190 through 41.37.290. [2004 c 242 § 34.]
41.37.290
41.37.290 Reentry. (1) A member, who had left service
and withdrawn the member’s accumulated contributions,
shall receive service credit for prior service if the member
restores all withdrawn accumulated contributions together
with interest since the time of withdrawal as determined by
the department.
The restoration of funds must be completed within five
years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [2004 c
242 § 35.]
Chapter 41.40
Chapter 41.40 RCW
WASHINGTON PUBLIC EMPLOYEES’
RETIREMENT SYSTEM
Sections
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2, AND PLAN 3"
41.40.005
41.40.010
41.40.015
41.40.020
41.40.023
41.40.028
41.40.034
41.40.035
41.40.037
41.40.038
41.40.042
41.40.048
41.40.052
41.40.054
41.40.055
41.40.056
41.40.057
41.40.058
41.40.059
41.40.061
41.40.062
41.37.900
41.37.900 Benefits not contractual right until July 1,
2006. The benefits provided pursuant to chapter 242, Laws
of 2004 are not provided to employees as a matter of contractual right prior to July 1, 2006. The legislature retains the
right to alter or abolish these benefits at any time prior to July
1, 2006. [2004 c 242 § 66.]
41.37.901
41.37.901 Effective date—2004 c 242. This act takes
effect July 1, 2006. [2004 c 242 § 65.]
41.37.902
41.37.902 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
98.]
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
(2010 Ed.)
Chapter 41.40
41.40.068
41.40.073
41.40.078
41.40.082
41.40.088
41.40.092
41.40.0931
41.40.0932
41.40.095
41.40.096
41.40.098
41.40.102
41.40.103
41.40.104
41.40.1041
41.40.105
41.40.108
41.40.109
41.40.111
41.40.113
41.40.124
41.40.127
Provisions applicable to "plan 1," "plan 2," and "plan 3."
Definitions.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
System created—Administration.
Membership.
Nonelective position employees employed for at least nine
months—Deemed in eligible position, when.
Purchase of additional service credit—Costs—Rules.
Service credit prohibited for certain members of committees,
boards, and commissions and for certain appointive and elective officials.
Service by retirees—Reduction of retirement allowance upon
reemployment—Reestablishment of membership.
Duty disability retirement recipients—Continued service
credit.
Members agree to deductions.
Employer’s contribution—Computation—Billing.
Exemption from taxation and judicial process—Exceptions—
Assignability—Deductions authorized.
Disability retirement—Criminal conduct.
Penalty for false statements.
Establishment of service credit—Former employees—
Employers admitted before July 23, 1995.
Establishment of service credit—Current and former employees—Employers admitted after July 23, 1995.
Transfer of service credit from statewide city employees’
retirement system.
Credit for service in Seattle’s police relief and pension fund
system.
Credit for service in Seattle’s police relief and pension fund
system—Terms and conditions.
Optional entry of system by political subdivisions or associations of political subdivisions—Procedure—School districts
declared employers and eligible employees members of system—Exception.
Hearing prior to appeal—Required—Notice.
Hearing prior to appeal—Conduct of hearing.
Judicial review in accordance with administrative procedure
act.
Appeal—No bond required.
Education employment—Service credit—Computation.
Transfer of cadet service credit to Washington state patrol
retirement system.
Death benefit—Course of employment as a police officer—
Occupational disease or infection.
Death benefit—Course of employment—Occupational disease
or infection.
Transfer of membership from judicial retirement system.
Law enforcement officers—Dual membership—Plan 1 exception.
Transfer of former service from judicial retirement system.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Establishing, restoring service credit.
Prior service for plan 2 or 3 members—One-half service
credit.
Chapter not applicable to officers and employees of state convention and trade center.
Higher education classified employees—Membership in the
public employees’ retirement system.
Retirement system employer—Termination of status.
Retirement system employer—Unit of government.
Public safety employees’ retirement system—Election—
Membership.
Discontinuing judicial retirement account plan contributions—Additional benefit—One-time irrevocable election—
Justices and judges.
Additional benefit for district or municipal court judges—
One-time irrevocable election.
"PLAN 1"
41.40.145
41.40.150
Provisions applicable to plan 1.
Termination of membership—Restoration of service credit.
[Title 41 RCW—page 233]
41.40.005
41.40.160
41.40.163
41.40.170
41.40.175
41.40.180
41.40.183
41.40.185
41.40.188
41.40.189
41.40.190
41.40.191
41.40.193
41.40.197
41.40.1971
41.40.1984
41.40.1985
41.40.1986
41.40.200
41.40.210
41.40.220
41.40.230
41.40.235
41.40.250
41.40.260
41.40.262
41.40.270
41.40.280
41.40.300
41.40.310
41.40.320
41.40.330
41.40.363
41.40.404
41.40.408
Title 41 RCW: Public Employment, Civil Service, and Pensions
Creditable service.
Purchase of service credit—Service at Washington State University.
Credit for military service.
Service credit for paid leave of absence—Application to
elected officials of labor organizations.
Retirement—Length of service.
Annual increase amount—Legislature’s rights reserved.
Retirement allowances—Members retiring after February 25,
1972.
Retirement allowance—Options—Retirement allowance
adjustment—Court-approved property settlement.
Retirement allowance—Adjustment eligibility.
Retirement allowance—In lieu of allowance provided in RCW
41.40.185.
Retirement allowance—Members with thirty years of service—Irrevocable election.
Dates upon which retirement allowances accrue.
Retirement allowance—Annual increases—Eligibility.
Definition—"Beneficiary."
Minimum retirement allowance—Annual adjustment—Persons who become beneficiaries after June 30, 1995.
Permanent retirement allowance adjustment.
Permanent increase for specified beneficiaries age seventy or
over.
Retirement for disability in line of duty—Applicability to certain judges.
Duty disability retirement allowance for disability after age
sixty.
Allowance on retirement for duty disability—Before sixty.
Nonduty disability—Applicability to certain judges.
Nonduty disability retirement allowance—Amount—Maximum—Death benefit.
Allowance on retirement for nonduty disability—Election.
Withdrawal from system—Refund of contributions—Waiver
of allowance, when.
Elected officials—Restoration of withdrawn contributions.
Death before retirement or within sixty days following application for disability retirement—Military service—Payment
of contributions to nominee, surviving spouse, or legal representative—Waiver of payment, effect—Benefits.
Department may withhold refunds of contributions.
Benefits offset by workers’ compensation or similar benefits.
Periodical examination of disability beneficiaries—Benefits
upon resumption of gainful employment.
Disability beneficiary—Restoration to service.
Contributions.
Employer’s contributions—Labor guild, association or organization.
Justices or judges retirement allowance—In lieu of RCW
41.40.185.
District or municipal court judges retirement allowances—In
lieu of RCW 41.40.185.
"PLAN 2"
41.40.610
41.40.620
41.40.625
41.40.630
41.40.633
41.40.640
41.40.660
41.40.670
41.40.680
41.40.690
41.40.700
41.40.710
41.40.720
41.40.730
41.40.740
41.40.748
41.40.750
41.40.760
41.40.763
Provisions applicable to plan 2.
Computation of the retirement allowance.
Lump sum retirement allowance—Reentry—Conditions for
reinstatement of service.
Retirement for service.
Member with terminal illness—Removal from system.
Post-retirement cost-of-living.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Earned disability allowance—Applicability to certain
judges—Disposition upon death of recipient.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Exceptions—Reinstatement.
Death benefits.
Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
Vested membership.
Refund of contributions.
Reentry.
Commercial vehicle enforcement officers—Limited optional
transfer to Washington state patrol retirement system.
Transfer of membership and service credit—Restoration of
contributions and service credit.
End of participation in judicial retirement account plan—
Newly elected or appointed judges or justices.
End of participation in chapter 41.28 RCW—Newly elected or
appointed judges.
[Title 41 RCW—page 234]
41.40.767
41.40.770
Justices or judges retirement allowance—In lieu of RCW
41.40.620.
District or municipal court judges retirement allowance—In
lieu of RCW 41.40.620.
"PLAN 3"
41.40.780
41.40.785
41.40.787
41.40.790
41.40.795
41.40.801
41.40.805
41.40.811
41.40.815
41.40.820
41.40.823
41.40.825
41.40.830
41.40.835
41.40.840
41.40.845
41.40.850
41.40.870
41.40.873
41.40.877
41.40.880
41.40.900
41.40.920
41.40.930
41.40.931
41.40.932
Provisions applicable to plan 3—Plan 3 elements.
Membership in plan 2 or plan 3—Irrevocable choice—Default
to plan 3.
Right to waive benefit—Irrevocable choice.
Computation of retirement allowance.
Transfer period and basis—Additional transfer payment.
Application for and effective date of retirement allowances.
Leaves of absence—Military service.
Purchased service credit—Allocation.
Lump sum payments—Reentry.
Retirement eligibility.
Member with terminal illness—Removal from system.
Disability allowance—Death of recipient.
Restored, purchased service credit under plan 2—Transfer to
plan 3.
Death benefits.
Postretirement cost-of-living.
Options for payment of retirement allowances—Courtapproved property settlement.
Suspension of retirement allowance upon reemployment—
Exception—Reinstatement.
Discontinuing judicial retirement account plan contributions—Additional benefit—One-time irrevocable election—
Justices and judges.
Additional benefit for district or municipal court judges—
One-time irrevocable election.
Justices or judges retirement allowance—In lieu of RCW
41.40.790.
District or municipal court judges retirement allowance—In
lieu of RCW 41.40.790.
Severability—1977 ex.s. c 295.
Effective date—1977 ex.s. c 295.
Benefits not contractual right until March 1, 2002.
Effective dates—2000 c 247.
Subchapter headings not law—2000 c 247.
Portability of public retirement benefits: Chapter 41.54 RCW.
Transfer of membership to judges’ retirement system: RCW 2.12.100.
Additional notes found at www.leg.wa.gov
"PROVISIONS APPLICABLE TO PLAN 1,
PLAN 2, AND PLAN 3"
41.40.005 Provisions applicable to "plan 1," "plan
2," and "plan 3." RCW 41.40.010 through *41.40.112 shall
apply to members of plan 1, plan 2, and plan 3. [2000 c 247
§ 101; 1992 c 72 § 8; 1991 c 35 § 69; 1989 c 273 § 20; 1989
c 272 § 7; 1979 ex.s. c 249 § 6; 1977 ex.s. c 295 § 21.]
41.40.005
*Reviser’s note: RCW 41.40.112 was decodified August 1993.
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—1989 c 272: See note following RCW 41.32.005.
Additional notes found at www.leg.wa.gov
41.40.010 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member’s individual account, including any amount paid under
RCW 41.50.165(2), together with the regular interest
thereon.
(2) "Actuarial equivalent" means a benefit of equal value
when computed upon the basis of such mortality and other
tables as may be adopted by the director.
(3) "Adjustment ratio" means the value of index A
divided by index B.
41.40.010
(2010 Ed.)
Washington Public Employees’ Retirement System
(4) "Annual increase" means, initially, fifty-nine cents
per month per year of service which amount shall be
increased each July 1st by three percent, rounded to the nearest cent.
(5) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(6)(a) "Average final compensation" for plan 1 members, means the annual average of the greatest compensation
earnable by a member during any consecutive two year
period of service credit months for which service credit is
allowed; or if the member has less than two years of service
credit months then the annual average compensation earnable
during the total years of service for which service credit is
allowed.
(b) "Average final compensation" for plan 2 and plan 3
members, means the member’s average compensation earnable of the highest consecutive sixty months of service credit
months prior to such member’s retirement, termination, or
death. Periods constituting authorized leaves of absence may
not be used in the calculation of average final compensation
except under RCW 41.40.710(2) or (c) of this subsection.
(c) In calculating average final compensation under this
subsection for a member of plan 1, 2, or 3, the department of
retirement systems shall include any compensation forgone
by the member during the 2009-2011 fiscal biennium as a
result of reduced work hours, voluntary leave without pay, or
temporary furloughs if the reduced compensation is an integral part of the employer’s expenditure reduction efforts, as
certified by the employer.
(7)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance, pension or other
benefit provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
(8)(a) "Compensation earnable" for plan 1 members,
means salaries or wages earned during a payroll period for
personal services and where the compensation is not all paid
in money, maintenance compensation shall be included upon
the basis of the schedules established by the member’s
employer.
(i) "Compensation earnable" for plan 1 members also
includes the following actual or imputed payments, which are
not paid for personal services:
(A) Retroactive payments to an individual by an
employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have
earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent
service credit;
(B) If a leave of absence is taken by an individual for the
purpose of serving in the state legislature, the salary which
would have been received for the position from which the
leave of absence was taken, shall be considered as compensation earnable if the employee’s contribution is paid by the
employee and the employer’s contribution is paid by the
employer or employee;
(2010 Ed.)
41.40.010
(C) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(D) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(E) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(F) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(ii) "Compensation earnable" does not include:
(A) Remuneration for unused sick leave authorized
under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of
thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Compensation earnable" for plan 2 and plan 3 members, means salaries or wages earned by a member during a
payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under
provisions established pursuant to sections 403(b), 414(h),
and 457 of the United States Internal Revenue Code, but shall
exclude nonmoney maintenance compensation and lump sum
or other payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or
any form of severance pay.
"Compensation earnable" for plan 2 and plan 3 members
also includes the following actual or imputed payments,
which are not paid for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position, or payments
by an employer to an individual in lieu of reinstatement in a
position which are awarded or granted as the equivalent of
the salary or wage which the individual would have earned
during a payroll period shall be considered compensation
earnable to the extent provided above, and the individual
shall receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member’s compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member’s actual compensation earnable
received for nonlegislative public employment and legislative service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid
by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(v) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
[Title 41 RCW—page 235]
41.40.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(9) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(10) "Director" means the director of the department.
(11) "Eligible position" means:
(a) Any position that, as defined by the employer, normally requires five or more months of service a year for
which regular compensation for at least seventy hours is
earned by the occupant thereof. For purposes of this chapter
an employer shall not define "position" in such a manner that
an employee’s monthly work for that employer is divided
into more than one position;
(b) Any position occupied by an elected official or person appointed directly by the governor, or appointed by the
chief justice of the supreme court under RCW 2.04.240(2) or
2.06.150(2), for which compensation is paid.
(12) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer’s direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(13)(a) "Employer" for plan 1 members, means every
branch, department, agency, commission, board, and office
of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and
36.70.060 or chapter 39.34 RCW; and the term shall also
include any labor guild, association, or organization the
membership of a local lodge or division of which is comprised of at least forty percent employees of an employer
(other than such labor guild, association, or organization)
within this chapter. The term may also include any city of the
first class that has its own retirement system.
(b) "Employer" for plan 2 and plan 3 members, means
every branch, department, agency, commission, board, and
office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW
35.63.070, 36.70.060, and 39.34.030; except that after
August 31, 2000, school districts and educational service districts will no longer be employers for the public employees’
retirement system plan 2.
(14) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of
employment.
(15) "Index" means, for any calendar year, that year’s
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(16) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(17) "Index B" means the index for the year prior to
index A.
[Title 41 RCW—page 236]
(18) "Index year" means the earliest calendar year in
which the index is more than sixty percent of index A.
(19) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(11) of this section.
(20) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from service without being separated from membership.
(21) "Member" means any employee included in the
membership of the retirement system, as provided for in
RCW 41.40.023. RCW 41.26.045 does not prohibit a person
otherwise eligible for membership in the retirement system
from establishing such membership effective when he or she
first entered an eligible position.
(22) "Member account" or "member’s account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3.
(23) "Membership service" means:
(a) All service rendered, as a member, after October 1,
1947;
(b) All service after October 1, 1947, to any employer
prior to the time of its admission into the retirement system
for which member and employer contributions, plus interest
as required by RCW 41.50.125, have been paid under RCW
41.40.056 or 41.40.057;
(c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to
becoming a member, in the case of any member, upon payment in full by such member of the total amount of the
employer’s contribution to the retirement fund which would
have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the
employer’s contribution shall be calculated by the director
based on the first month’s compensation earnable as a member;
(d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before
April 1, 1949, and prior to becoming a member, in the case of
any member, upon payment in full by such member of five
percent of such member’s salary during said period of probationary service, except that the amount of the employer’s
contribution shall be calculated by the director based on the
first month’s compensation earnable as a member.
(24) "New member" means a person who becomes a
member on or after April 1, 1949, except as otherwise provided in this section.
(25) "Original member" of this retirement system means:
(a) Any person who became a member of the system
prior to April 1, 1949;
(b) Any person who becomes a member through the
admission of an employer into the retirement system on and
after April 1, 1949, and prior to April 1, 1951;
(c) Any person who first becomes a member by securing
employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of
service to any employer prior to October 1, 1947;
(d) Any person who first becomes a member through the
admission of an employer into the retirement system on or
after April 1, 1951, provided, such person has been in the reg(2010 Ed.)
Washington Public Employees’ Retirement System
ular employ of the employer for at least six months of the
twelve-month period preceding the said admission date;
(e) Any member who has restored all contributions that
may have been withdrawn as provided by RCW 41.40.150
and who on the effective date of the individual’s retirement
becomes entitled to be credited with ten years or more of
membership service except that the provisions relating to the
minimum amount of retirement allowance for the member
u p on r e ti r e m e n t a t a ge s e v e n ty a s f o u n d i n RC W
41.40.190(4) shall not apply to the member;
(f) Any member who has been a contributor under the
system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW
41.40.150 and who on the effective date of the individual’s
retirement has rendered five or more years of service for the
state or any political subdivision prior to the time of the
admission of the employer into the system; except that the
provisions relating to the minimum amount of retirement
allowance for the member upon retirement at age seventy as
found in RCW 41.40.190(4) shall not apply to the member.
(26) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(27) "Plan 1" means the public employees’ retirement
system, plan 1 providing the benefits and funding provisions
covering persons who first became members of the system
prior to October 1, 1977.
(28) "Plan 2" means the public employees’ retirement
system, plan 2 providing the benefits and funding provisions
covering persons who first became members of the system on
and after October 1, 1977, and are not included in plan 3.
(29) "Plan 3" means the public employees’ retirement
system, plan 3 providing the benefits and funding provisions
covering persons who:
(a) First become a member on or after:
(i) March 1, 2002, and are employed by a state agency or
institute of higher education and who did not choose to enter
plan 2; or
(ii) September 1, 2002, and are employed by other than a
state agency or institute of higher education and who did not
choose to enter plan 2; or
(b) Transferred to plan 3 under RCW 41.40.795.
(30) "Prior service" means all service of an original
member rendered to any employer prior to October 1, 1947.
(31) "Regular interest" means such rate as the director
may determine.
(32) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(33) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(34) "Retirement allowance" means the sum of the annuity and the pension.
(35) "Retirement system" means the public employees’
retirement system provided for in this chapter.
(36) "Separation from service" occurs when a person has
terminated all employment with an employer. Separation
from service or employment does not occur, and if claimed
by an employer or employee may be a violation of RCW
41.40.055, when an employee and employer have a written or
(2010 Ed.)
41.40.010
oral agreement to resume employment with the same
employer following termination. Mere expressions or inquiries about postretirement employment by an employer or
employee that do not constitute a commitment to reemploy
the employee after retirement are not an agreement under this
subsection.
(37)(a) "Service" for plan 1 members, except as provided
in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered
to any employer for which compensation is paid, and
includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full
time work for seventy hours or more in any given calendar
month shall constitute one service credit month except as
provided in RCW 41.40.088. Compensation earnable earned
for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as
provided in RCW 41.40.088. Only service credit months and
one-quarter service credit months shall be counted in the
computation of any retirement allowance or other benefit
provided for in this chapter. Any fraction of a year of service
shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status,
whether compensated or not, is not service.
(i) Service by a state employee officially assigned by the
state on a temporary basis to assist another public agency,
shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be
considered service as a state employee if such service has
been used to establish benefits in any other public retirement
system.
(ii) An individual shall receive no more than a total of
twelve service credit months of service during any calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for seventy or more hours is rendered.
(iii) A school district employee may count up to fortyfive days of sick leave as creditable service solely for the purpose of determining eligibility to retire under RCW
41.40.180 as authorized by RCW 28A.400.300. For purposes
of plan 1 "forty-five days" as used in RCW 28A.400.300 is
equal to two service credit months. Use of less than fortyfive days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than twenty-two days equals one-quarter service credit month;
(B) Twenty-two days equals one service credit month;
(C) More than twenty-two days but less than forty-five
days equals one and one-quarter service credit month.
(b) "Service" for plan 2 and plan 3 members, means periods of employment by a member in an eligible position or
positions for one or more employers for which compensation
earnable is paid. Compensation earnable earned for ninety or
more hours in any calendar month shall constitute one service
credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less
than ninety hours in any calendar month shall constitute onehalf service credit month of service. Compensation earnable
earned for less than seventy hours in any calendar month
shall constitute one-quarter service credit month of service.
[Title 41 RCW—page 237]
41.40.015
Title 41 RCW: Public Employment, Civil Service, and Pensions
Time spent in standby status, whether compensated or not, is
not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(i) Service in any state elective position shall be deemed
to be full time service, except that persons serving in state
elective positions who are members of the Washington
school employees’ retirement system, teachers’ retirement
system, public safety employees’ retirement system, or law
enforcement officers’ and firefighters’ retirement system at
the time of election or appointment to such position may elect
to continue membership in the Washington school employees’ retirement system, teachers’ retirement system, public
safety employees’ retirement system, or law enforcement
officers’ and firefighters’ retirement system.
(ii) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(iii) Up to forty-five days of sick leave may be creditable
as service solely for the purpose of determining eligibility to
retire under RCW 41.40.180 as authorized by RCW
28A.400.300. For purposes of plan 2 and plan 3 "forty-five
days" as used in RCW 28A.400.300 is equal to two service
credit months. Use of less than forty-five days of sick leave
is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service
credit month;
(B) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(38) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(39) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(40) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(41) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(42) "State treasurer" means the treasurer of the state of
Washington.
(43) "Totally incapacitated for duty" means total inability to perform the duties of a member’s employment or office
or any other work for which the member is qualified by training or experience. [2009 c 430 § 1; 2007 c 50 § 4; 2004 c 242
§ 53; 2003 c 412 § 4; 2000 c 247 § 102; 1998 c 341 § 601.
Prior: 1997 c 254 § 10; 1997 c 88 § 6; prior: 1995 c 345 §
10; 1995 c 286 § 1; 1995 c 244 § 3; prior: 1994 c 298 § 2;
1994 c 247 § 5; 1994 c 197 § 23; 1994 c 177 § 8; 1993 c 95 §
8; prior: 1991 c 343 § 6; 1991 c 35 § 70; 1990 c 274 § 3;
prior: 1989 c 309 § 1; 1989 c 289 § 1; 1985 c 13 § 7; 1983 c
69 § 1; 1981 c 256 § 6; 1979 ex.s. c 249 § 7; 1977 ex.s. c 295
[Title 41 RCW—page 238]
§ 16; 1973 1st ex.s. c 190 § 2; 1972 ex.s. c 151 § 1; 1971 ex.s.
c 271 § 2; 1969 c 128 § 1; 1965 c 155 § 1; 1963 c 225 § 1;
1963 c 174 § 1; 1961 c 291 § 1; 1957 c 231 § 1; 1955 c 277 §
1; 1953 c 200 § 1; 1951 c 50 § 1; 1949 c 240 § 1; 1947 c 274
§ 1; Rem. Supp. 1949 § 11072-1.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Effective date—2004 c 242: See RCW 41.37.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
Intent—1994 c 298: "(1) This act provides cross-references to existing
statutes that affect calculation of pensions under the retirement systems
authorized by chapters 41.40 and 41.32 RCW to the relevant definition sections of those chapters. Except as provided in subsection (2) of this section,
this act is technical in nature and neither enhances nor diminishes existing
pension rights. Except for the amendment to RCW 41.40.010(5), it is not the
intent of the legislature to change the substance or effect of any statute previously enacted. Rather, this act provides cross-references to applicable statutes in order to aid with the administration of benefits authorized in chapters
41.40 and 41.32 RCW.
(2) The amendments to RCW 41.40.010 (5) and (29) contained in section 2, chapter 298, Laws of 1994, and to RCW 41.32.010(31) contained in
section 3, chapter 298, Laws of 1994, clarify the status of certain persons as
either members or retirees. RCW 41.04.275 and section 7, chapter 298,
Laws of 1994, create the pension funding account in the state treasury and
direct the transfer of moneys deposited in the budget stabilization account by
the 1993-95 operating appropriations act, section 919, chapter 24, Laws of
1993 sp. sess., for the continuing costs of state retirement system benefits in
effect on July 1, 1993, consistent with section 919, chapter 24, Laws of 1993
sp. sess. to the pension funding account." [1994 c 298 § 1.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Purpose—Application—Retrospective application—1985 c 13:See
notes following RCW 41.04.445.
Purpose—Severability—1981 c 256: See notes following RCW
41.26.030.
Additional notes found at www.leg.wa.gov
41.40.015 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
99.]
41.40.015
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
(2010 Ed.)
Washington Public Employees’ Retirement System
41.40.020 System created—Administration. A state
employees’ retirement system is hereby created for the
employees of the state of Washington and its political subdivisions. The administration and management of the retirement system, the responsibility for making effective the provisions of this chapter, and the authority to make all rules and
regulations necessary therefor are hereby vested in the
department. All such rules and regulations shall be governed
by the provisions of chapter 34.05 RCW, as now or hereafter
amended. The retirement system herein provided for shall be
known as the Washington Public Employees’ Retirement
System. [1991 c 35 § 71; 1969 c 128 § 2; 1967 c 127 § 1;
1949 c 240 § 2; 1947 c 274 § 2; Rem. Supp. 1949 § 11072-2.]
41.40.020
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.023 Membership. Membership in the retirement
system shall consist of all regularly compensated employees
and appointive and elective officials of employers, as defined
in this chapter, with the following exceptions:
(1) Persons in ineligible positions;
(2) Employees of the legislature except the officers
thereof elected by the members of the senate and the house
and legislative committees, unless membership of such
employees be authorized by the said committee;
(3)(a) Persons holding elective offices or persons
appointed directly by the governor: PROVIDED, That such
persons shall have the option of applying for membership
during such periods of employment: AND PROVIDED
FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are
members in the retirement system and who have, prior to
becoming such members, previously held an elective office,
and did not at the start of such initial or successive terms of
office exercise their option to become members, may apply
for membership to be effective during such term or terms of
office, and shall be allowed to establish the service credit
applicable to such term or terms of office upon payment of
the employee contributions therefor by the employee with
interest as determined by the director and employer contributions therefor by the employer or employee with interest as
determined by the director: AND PROVIDED FURTHER,
That all contributions with interest submitted by the
employee under this subsection shall be placed in the
employee’s individual account in the employee’s savings
fund and be treated as any other contribution made by the
employee, with the exception that any contributions submitted by the employee in payment of the employer’s obligation,
together with the interest the director may apply to the
employer’s contribution, shall not be considered part of the
member’s annuity for any purpose except withdrawal of contributions;
(b) A member holding elective office who has elected to
apply for membership pursuant to (a) of this subsection and
who later wishes to be eligible for a retirement allowance
shall have the option of ending his or her membership in the
retirement system. A member wishing to end his or her membership under this subsection must file, on a form supplied by
the department, a statement indicating that the member
agrees to irrevocably abandon any claim for service for future
periods served as an elected official. A member who receives
41.40.023
(2010 Ed.)
41.40.023
more than fifteen thousand dollars per year in compensation
for his or her elective service, adjusted annually for inflation
by the director, is not eligible for the option provided by this
subsection (3)(b);
(4) Employees holding membership in, or receiving pension benefits under, any retirement plan operated wholly or in
part by an agency of the state or political subdivision thereof,
or who are by reason of their current employment contributing to or otherwise establishing the right to receive benefits
from any such retirement plan except as follows:
(a) In any case where the retirement system has in existence an agreement with another retirement system in connection with exchange of service credit or an agreement whereby
members can retain service credit in more than one system,
such an employee shall be allowed membership rights should
the agreement so provide;
(b) An employee shall be allowed membership if otherwise eligible while receiving survivor’s benefits;
(c) An employee shall not either before or after June 7,
1984, be excluded from membership or denied service credit
pursuant to this subsection solely on account of: (i) Membership in the plan created under chapter 2.14 RCW; or (ii)
enrollment under the relief and compensation provisions or
the pension provisions of the volunteer fire fighters’ relief
and pension fund under chapter 41.24 RCW;
(d) Except as provided in RCW 41.40.109, on or after
July 25, 1999, an employee shall not be excluded from membership or denied service credit pursuant to this subsection
solely on account of participation in a defined contribution
pension plan qualified under section 401 of the internal revenue code;
(e) Employees who have been reported in the retirement
system prior to July 25, 1999, and who participated during
the same period of time in a defined contribution pension
plan qualified under section 401 of the internal revenue code
and operated wholly or in part by the employer, shall not be
excluded from previous retirement system membership and
service credit on account of such participation;
(5) Patient and inmate help in state charitable, penal, and
correctional institutions;
(6) "Members" of a state veterans’ home or state soldiers’ home;
(7) Persons employed by an institution of higher learning
or community college, primarily as an incident to and in furtherance of their education or training, or the education or
training of a spouse;
(8) Employees of an institution of higher learning or
community college during the period of service necessary to
establish eligibility for membership in the retirement plans
operated by such institutions;
(9) Persons rendering professional services to an
employer on a fee, retainer, or contract basis or when the
income from these services is less than fifty percent of the
gross income received from the person’s practice of a profession;
(10) Persons appointed after April 1, 1963, by the liquor
control board as contract liquor store managers;
(11) Employees of a labor guild, association, or organization: PROVIDED, That elective officials and employees
of a labor guild, association, or organization which qualifies
[Title 41 RCW—page 239]
41.40.023
Title 41 RCW: Public Employment, Civil Service, and Pensions
as an employer within this chapter shall have the option of
applying for membership;
(12) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may
elect to prospectively become a member of the retirement
system if otherwise eligible;
(13) Persons employed by or appointed or elected as an
official of a first class city that has its own retirement system:
PROVIDED, That any member elected or appointed to an
elective office on or after April 1, 1971, shall have the option
of continuing as a member of this system in lieu of becoming
a member of the city system. A member who elects to continue as a member of this system shall pay the appropriate
member contributions and the city shall pay the employer
contributions at the rates prescribed by this chapter. The city
shall also transfer to this system all of such member’s accumulated contributions together with such further amounts as
necessary to equal all employee and employer contributions
which would have been paid into this system on account of
such service with the city and thereupon the member shall be
granted credit for all such service. Any city that becomes an
employer as defined in RCW 41.40.010(13) as the result of
an individual’s election under this subsection shall not be
required to have all employees covered for retirement under
the provisions of this chapter. Nothing in this subsection
shall prohibit a city of the first class with its own retirement
system from: (a) Transferring all of its current employees to
the retirement system established under this chapter, or (b)
allowing newly hired employees the option of continuing
coverage under the retirement system established by this
chapter.
Notwithstanding any other provision of this chapter, persons transferring from employment with a first class city of
over four hundred thousand population that has its own
retirement system to employment with the state department
of agriculture may elect to remain within the retirement system of such city and the state shall pay the employer contributions for such persons at like rates as prescribed for
employers of other members of such system;
(14) Employees who (a) are not citizens of the United
States, (b) do not reside in the United States, and (c) perform
duties outside of the United States;
(15) Employees who (a) are not citizens of the United
States, (b) are not covered by chapter 41.48 RCW, (c) are not
excluded from membership under this chapter or chapter
41.04 RCW, (d) are residents of this state, and (e) make an
irrevocable election to be excluded from membership, in
writing, which is submitted to the director within thirty days
after employment in an eligible position;
(16) Employees who are citizens of the United States and
who reside and perform duties for an employer outside of the
United States: PROVIDED, That unless otherwise excluded
under this chapter or chapter 41.04 RCW, the employee may
apply for membership (a) within thirty days after employment in an eligible position and membership service credit
shall be granted from the first day of membership service,
and (b) after this thirty-day period, but membership service
credit shall be granted only if payment is made for the noncredited membership service under RCW 41.50.165(2), otherwise service shall be from the date of application;
[Title 41 RCW—page 240]
(17) The city manager or chief administrative officer of
a city or town, other than a retiree, who serves at the pleasure
of an appointing authority: PROVIDED, That such persons
shall have the option of applying for membership within
thirty days from date of their appointment to such positions.
Persons serving in such positions as of April 4, 1986, shall
continue to be members in the retirement system unless they
notify the director in writing prior to December 31, 1986, of
their desire to withdraw from membership in the retirement
system. A member who withdraws from membership in the
system under this section shall receive a refund of the member’s accumulated contributions.
Persons serving in such positions who have not opted for
membership within the specified thirty days, may do so by
paying the amount required under RCW 41.50.165(2) for the
period from the date of their appointment to the date of
acceptance into membership;
(18) Persons serving as: (a) The chief administrative
officer of a public utility district as defined in RCW
54.16.100; (b) the chief administrative officer of a port district formed under chapter 53.04 RCW; or (c) the chief
administrative officer of a county who serves at the pleasure
of an appointing authority: PROVIDED, That such persons
shall have the option of applying for membership within
thirty days from the date of their appointment to such positions. Persons serving in such positions as of July 25, 1999,
shall continue to be members in the retirement system unless
they notify the director in writing prior to December 31,
1999, of their desire to withdraw from membership in the
retirement system. A member who withdraws from membership in the system under this section shall receive a refund of
the member’s accumulated contributions upon termination of
employment or as otherwise consistent with the plan’s tax
qualification status as defined in internal revenue code section 401.
Persons serving in such positions who have not opted for
membership within the specified thirty days, may do so at a
later date by paying the amount required under RCW
41.50.165(2) for the period from the date of their appointment to the date of acceptance into membership;
(19) Persons enrolled in state-approved apprenticeship
programs, authorized under chapter 49.04 RCW, and who are
employed by local governments to earn hours to complete
such apprenticeship programs, if the employee is a member
of a union-sponsored retirement plan and is making contributions to such a retirement plan or if the employee is a member
of a Taft-Hartley retirement plan;
(20) Beginning on July 22, 2001, persons employed
exclusively as trainers or trainees in resident apprentice training programs operated by housing authorities authorized
under chapter 35.82 RCW, (a) if the trainer or trainee is a
member of a union-sponsored retirement plan and is making
contributions to such a retirement plan or (b) if the employee
is a member of a Taft-Hartley retirement plan;
(21) Employees who are removed from membership
under RCW 41.40.823 or 41.40.633; and
(22) Persons employed as the state director of fire protection under RCW 43.43.938 who were previously members
of the law enforcement officers’ and firefighters’ retirement
system plan 2 under chapter 41.26 RCW may continue as a
member of the law enforcement officers’ and firefighters’
(2010 Ed.)
Washington Public Employees’ Retirement System
retirement system in lieu of becoming a member of this system. [2010 c 80 § 1. Prior: 2005 c 151 § 12; 2005 c 131 § 7;
2001 c 37 § 1; prior: 1999 c 286 § 2; 1999 c 244 § 1; 1997 c
254 § 11; prior: 1994 c 298 § 8; 1994 c 197 § 24; 1993 c 319
§ 1; prior: 1990 c 274 § 10; 1990 c 192 § 4; 1988 c 109 § 25;
1987 c 379 § 1; 1986 c 317 § 5; 1984 c 184 § 13; 1984 c 121
§ 1; 1982 1st ex.s. c 52 § 19; 1975 c 33 § 6; 1974 ex.s. c 195
§ 2; 1973 1st ex.s. c 190 § 5; 1971 ex.s. c 271 § 4; 1969 c 128
§ 5; 1967 c 127 § 3; 1965 c 155 § 2; 1963 c 225 § 2; 1963 c
210 § 1; 1957 c 231 § 2; 1955 c 277 § 2; 1953 c 200 § 5; 1951
c 50 § 2; 1949 c 240 § 7; 1947 c 274 § 13; Rem. Supp. 1949
§ 11072-13. Formerly RCW 41.40.120.]
Effective date—2010 c 80: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 17, 2010]." [2010 c 80 § 2.]
Effective date—2005 c 131: See note following RCW 41.40.823.
Intent—1999 c 286: "It is the intent of the legislature that retirement
benefits represent a valuable element of the total compensation and benefits
employees receive for their service. The value of these benefits is contained
in the retirement income and cost-of-living adjustments provided to employees who remain in public service until retirement. For the majority of public
employees, this requires membership in the public employees’ retirement
system.
The legislature recognizes, however, that certain occupations display a
pattern of interstate mobility which requires retirement benefits which are
highly portable. Incumbents in these occupations gain little value from
membership in the public employees’ retirement system. In order to remove
any barrier to employing qualified personnel in positions with high mobility,
membership in the retirement system should be optional in those occupations." [1999 c 286 § 1.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—1994 c 298: See note following RCW 41.40.010.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Legislative findings—Intent—Severability—1986 c 317: See notes
following RCW 41.40.150.
Pension benefits or annuity benefits for certain classifications of school district employees: RCW 28A.400.260.
Additional notes found at www.leg.wa.gov
41.40.028 Nonelective position employees employed
for at least nine months—Deemed in eligible position,
when. Any person who has been employed in a nonelective
position for at least nine months and who has made member
contributions required under this chapter throughout such
period, shall be deemed to have been in an eligible position
during such period of employment. [1980 c 112 § 2. Formerly RCW 41.40.123.]
41.40.028
41.40.034 Purchase of additional service credit—
Costs—Rules. (1) A member eligible to retire under RCW
41.40.180, 41.40.630, or 41.40.820 may, at the time of filing
a written application for retirement with the department,
apply to the department to make a one-time purchase of up to
five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member’s benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
41.40.034
(2010 Ed.)
41.40.037
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(4) Additional service credit purchased under this section is not membership service and shall be used exclusively
to provide the member with a monthly annuity that is paid in
addition to the member’s retirement allowance. [2006 c 214
§ 1.]
Effective date—2006 c 214: "This act takes effect July 1, 2006." [2006
c 214 § 8.]
41.40.035 Service credit prohibited for certain members of committees, boards, and commissions and for certain appointive and elective officials. (1) No person
appointed to membership on any committee, board, or commission on or after July 1, 1976, who is compensated for service on such committee, board, or commission for fewer than
ten days or seventy hours in any month, whichever amount is
less, shall receive service credit for such service for that
month: PROVIDED, That on and after October 1, 1977,
appointive and elective officials who receive monthly compensation earnable from an employer in an amount equal to
or less than ninety times the state minimum hourly wage shall
not receive any service credit for such employment.
(2) This section does not apply to any person serving on
a committee, board, or commission on June 30, 1976, who
continued such service until subsequently appointed by the
governor to a different committee, board, or commission.
[1987 c 146 § 1; 1977 ex.s. c 295 § 17; 1975-’76 2nd ex.s. c
34 § 4. Formerly RCW 41.40.165.]
41.40.035
Additional notes found at www.leg.wa.gov
41.40.037 Service by retirees—Reduction of retirement allowance upon reemployment—Reestablishment
of membership. (1)(a) If a retiree enters employment with
an employer sooner than one calendar month after his or her
accrual date, the retiree’s monthly retirement allowance will
be reduced by five and one-half percent for every eight hours
worked during that month. This reduction will be applied
each month until the retiree remains absent from employment
with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2)(a) Except as provided in (b) of this subsection, a
retiree from plan 1 who enters employment with an employer
at least one calendar month after his or her accrual date may
continue to receive pension payments while engaged in such
service for up to eight hundred sixty-seven hours of service in
a calendar year without a reduction of pension.
41.40.037
[Title 41 RCW—page 241]
41.40.038
Title 41 RCW: Public Employment, Civil Service, and Pensions
(b) A retiree from plan 1 who enters employment with an
employer at least three calendar months after his or her
accrual date and:
(i) Is hired pursuant to a written policy into a position for
which the employer has documented a justifiable need to hire
a retiree into the position;
(ii) Is hired through the established process for the position with the approval of: A school board for a school district; the chief executive officer of a state agency employer;
the secretary of the senate for the senate; the chief clerk of the
house of representatives for the house of representatives; the
secretary of the senate and the chief clerk of the house of representatives jointly for the joint legislative audit and review
committee, the select committee on pension policy, the legislative evaluation and accountability program, the legislative
systems committee, and the statute law committee; or according to rules adopted for the rehiring of retired plan 1 members
for a local government employer;
(iii) The employer retains records of the procedures followed and decisions made in hiring the retiree, and provides
those records in the event of an audit; and
(iv) The employee has not already rendered a cumulative
total of more than one thousand nine hundred hours of service
while in receipt of pension payments beyond an annual
threshold of eight hundred sixty-seven hours;
shall cease to receive pension payments while engaged in that
service after the retiree has rendered service for more than
one thousand five hundred hours in a calendar year. The one
thousand nine hundred hour cumulative total under this subsection applies prospectively to those retiring after July 27,
2003, and retroactively to those who retired prior to July 27,
2003, and shall be calculated from the date of retirement.
(c) When a plan 1 member renders service beyond eight
hundred sixty-seven hours, the department shall collect from
the employer the applicable employer retirement contributions for the entire duration of the member’s employment
during that calendar year.
(d) A retiree from plan 2 or plan 3 who has satisfied the
break in employment requirement of subsection (1) of this
section may work up to eight hundred sixty-seven hours in a
calendar year in an eligible position, as defined in RCW
41.32.010, 41.35.010, 41.37.010, or 41.40.010, or as a firefighter or law enforcement officer, as defined in RCW
41.26.030, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.40.023(12), he or she terminates his or her retirement status and becomes a member. Retirement benefits
shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible in accordance with RCW 41.40.180. However, if the
right to retire is exercised to become effective before the
member has rendered two uninterrupted years of service, the
retirement formula and survivor options the member had at
the time of the member’s previous retirement shall be reinstated.
(4) The department shall collect and provide the state
actuary with information relevant to the use of this section for
the select committee on pension policy.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
[Title 41 RCW—page 242]
contractual right to be employed for more than five months in
a calendar year without a reduction of his or her pension.
[2007 c 50 § 5; 2005 c 319 § 103; 2004 c 242 § 63. Prior:
2003 c 412 § 5; 2003 c 295 § 7; 2001 2nd sp.s. c 10 § 4; (2001
2nd sp.s. c 10 § 12 repealed by 2002 c 26 § 9); 1997 c 254 §
14.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: "Except for section 12 of this act
which takes effect December 31, 2004, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 2nd sp.s. c 10 § 14.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.40.038 Duty disability retirement recipients—
Continued service credit. Those members subject to this
chapter who became disabled in the line of duty on or after
March 27, 1984, and who received or are receiving benefits
under Title 51 RCW or a similar federal workers’ compensation program shall receive or continue to receive service
credit subject to the following:
(1) No member may receive more than one month’s service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the
director on both employee and employer contributions. No
service credit shall be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be
granted for a period to exceed twenty-four consecutive
months.
(7) Nothing in this section shall abridge service credit
rights granted in RCW 41.40.220(2) and 41.40.320.
(8) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right. [2005 c 363 § 1; 1987 c 118 § 1; 1986 c
176 § 2. Formerly RCW 41.40.223.]
41.40.038
41.40.042 Members agree to deductions. The deductions from the compensation of members, provided for in
RCW 41.40.330, 41.45.060, 41.45.061, or 41.45.067, shall be
made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby.
Every member shall be deemed to consent and agree to the
deductions made and provided for in this chapter and receipt
in full for his or her salary or compensation, and payment less
the deductions shall be a full and complete discharge and
41.40.042
(2010 Ed.)
Washington Public Employees’ Retirement System
acquittance of all claims and demands whatsoever for the services rendered by the person during the period covered by the
payment, except as to benefits provided for under this chapter. [2000 c 247 § 103; 1991 c 35 § 89; 1977 ex.s. c 295 § 18;
1947 c 274 § 35; Rem. Supp. 1947 § 11072-35. Formerly
RCW 41.40.340.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.048 Employer’s contribution—Computation—
Billing. (1) The director shall report to each employer the
contribution rates required for the ensuing biennium or fiscal
year, whichever is applicable.
(2) Beginning September 1, 1990, the amount to be collected as the employer’s contribution shall be computed by
applying the applicable rates established in chapter 41.45
RCW to the total compensation earnable of employer’s members as shown on the current payrolls of the said employer. In
addition, the director shall determine and collect the additional employer contribution rate necessary to fund the benefits granted officials holding office pursuant to Articles II and
III of the Constitution of the state of Washington and RCW
48.02.010. Each said employer shall compute at the end of
each month the amount due for that month and the same shall
be paid as are its other obligations. Effective January 1, 1987,
however, no contributions are required for any calendar
month in which the member is not granted service credit.
(3) In the event of failure, for any reason, of an employer
other than a political subdivision of the state to have remitted
amounts due for membership service of any of the
employer’s members rendered during a prior biennium, the
director shall bill such employer for such employer’s contribution together with such charges as the director deems
appropriate in accordance with RCW 41.50.120. Such billing
shall be paid by the employer as, and the same shall be, a
proper charge against any moneys available or appropriated
to such employer for payment of current biennial payrolls.
[1989 c 273 § 23; 1986 c 268 § 5; 1985 c 138 § 1; 1982 1st
ex.s. c 52 § 22; 1979 c 151 § 63; 1977 ex.s. c 295 § 20; 1963
c 126 § 1; 1961 c 291 § 12; 1949 c 240 § 26; 1947 c 274 § 38;
Rem. Supp. 1947 § 11072-38. Formerly RCW 41.40.370.]
41.40.048
Additional notes found at www.leg.wa.gov
41.40.056
deduction in accordance with rules that may be adopted by
the state health care authority and/or the department, and this
section shall not be deemed to prohibit a beneficiary of a
retirement allowance from authorizing deductions therefrom
for payment of dues and other membership fees to any retirement association or organization the membership of which is
composed of retired public employees, if a total of three hundred or more of such retired employees have authorized such
deduction for payment to the same retirement association or
organization.
(b) This section does not prohibit a beneficiary of a
retirement allowance from authorizing deductions from that
allowance for charitable purposes on the same terms as
employees and public officers under RCW 41.04.035 and
41.04.036.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined
in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law. [1999 c 83 § 1.
Prior: 1991 c 365 § 22; 1991 c 35 § 92; 1989 c 360 § 27; 1988
c 107 § 20; 1987 c 326 § 24; 1982 c 135 § 2; 1981 c 294 § 14;
1979 ex.s. c 205 § 6; 1974 ex.s. c 195 § 4; 1967 c 127 § 6;
1947 c 274 § 39; Rem. Supp. 1947 § 11072-39. Formerly
RCW 41.40.380.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.054 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.40.200, 41.40.220, 41.40.230, 41.40.235,
41.40.250, 41.40.670, or 41.40.825 if the disability is the
result of criminal conduct by the member committed after
April 21, 1997. [2000 c 247 § 104; 1997 c 103 § 3.]
41.40.054
Additional notes found at www.leg.wa.gov
41.40.052 Exemption from taxation and judicial process—Exceptions—Assignability—Deductions authorized. (1) Subject to subsections (2) and (3) of this section,
the right of a person to a pension, an annuity, or retirement
allowance, any optional benefit, any other right accrued or
accruing to any person under the provisions of this chapter,
the various funds created by this chapter, and all moneys and
investments and income thereof, are hereby exempt from any
state, county, municipal, or other local tax, and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2)(a) This section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group
insurance policy or plan issued for the benefit of a group
comprised of public employees of the state of Washington or
its political subdivisions and which has been approved for
41.40.052
(2010 Ed.)
41.40.055 Penalty for false statements. Any person
who shall knowingly make any false statements, or shall falsify or permit to be falsified any record or records of this
retirement system in any attempt to defraud the retirement
system as a result of such act, shall be guilty of a gross misdemeanor. [1947 c 274 § 41; Rem. Supp. 1947 § 11072-41.
Formerly RCW 41.40.400.]
41.40.055
41.40.056 Establishment of service credit—Former
employees—Employers admitted before July 23, 1995.
Except as qualified by RCW 41.40.023, for employers that
were admitted into the retirement system before July 23,
1995, membership service may be established for the
employer’s former employees who are active members of the
system if the member or member’s former employer pays an
amount equal to the employer and member contributions
which would have been paid to the retirement system on
41.40.056
[Title 41 RCW—page 243]
41.40.057
Title 41 RCW: Public Employment, Civil Service, and Pensions
account of such service to the retirement system. Payment
shall be made prior to the retirement of such member.
Payments submitted by the member under this section
shall be placed in the member’s individual account in the
members’ savings fund and be treated as any other contribution made by the member, with the exception that the contributions submitted by the member in payment of the
employer’s obligation, together with the interest the director
may apply to the employer’s contribution, shall be excluded
from the calculation of the member’s annuity in the event the
member selects a benefit with an annuity option. [1995 c 286
§ 2.]
41.40.057 Establishment of service credit—Current
and former employees—Employers admitted after July
23, 1995. (1) This section applies to the establishment of
membership service with employers admitted to the retirement system after July 23, 1995.
(2) For current employees, membership service may be
established for periods of employment with an employer
prior to the employer’s admission into the retirement system
by making the payments required by this section.
The employer must select one of the options in this subsection and apply it uniformly, except as provided in subsection (3) of this section. The required payment shall include
the total member and employer contributions that would have
been required from the date of each current member’s hire.
(a) Option A: The employer makes all the required payments within fifteen years from the date of the employer’s
admission.
(b) Option B: The employer makes a portion of the
required payments and the member pays the balance. The
employer shall not be required to make its payments until the
member has made his or her payments. Each member shall
have the option to purchase the membership service.
(c) Option C: The member makes all of the required
payments. Each member shall have the option to purchase the
membership service.
All payments under options B and C of this subsection
must be completed within five years from the date of the
employer’s admission, or prior to the retirement of the member, whichever occurs sooner. A member may not receive
membership service credit under option B or C of this subsection until all required payments have been made.
(3) An employer shall not be required to purchase membership service under option A or B for periods of employment for which the employer made contributions to a qualified retirement plan as defined by 26 U.S.C. Sec. 401(a), if
the contributions plus interest accrued cannot be transferred
to the retirement system. If the employer does not purchase
the membership credit under this subsection, the member
may purchase the membership service under subsection
(2)(c) of this section.
(4) A former employee who is an active member of the
system and is not covered by subsection (2) of this section
may establish membership service by making the required
payments under subsection (2)(c) of this section prior to the
retirement of the member.
(5) All payments made by the member under this section
shall be placed in the member’s individual account in the
41.40.057
[Title 41 RCW—page 244]
members’ savings fund or the member’s account for those
members entering plan 3. [2000 c 247 § 105; 1995 c 286 § 3.]
41.40.058 Transfer of service credit from statewide
city employees’ retirement system. (1) Any person who
was a member of the statewide city employees’ retirement
system governed by chapter 41.44 RCW and who also
became a member of this retirement system on or before July
26, 1987, may, in a writing filed with the director, elect to:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service which was previously credited under chapter 41.44
RCW but which was canceled by discontinuance of service
and withdrawal of accumulated contributions as provided in
RCW 41.44.190. The service may be reestablished and transferred only upon payment by the member to the employees’
savings fund of this retirement system of the amount withdrawn plus interest thereon from the date of withdrawal until
the date of payment at a rate determined by the director. No
additional payments are required for service credit described
in this subsection if already established under this chapter;
and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW, upon payment in full
by the member of the total employer’s contribution to the
benefit account fund of this retirement system that would
have been made under this chapter when the initial service
was rendered. The payment shall be based on the first
month’s compensation earnable as a member of the statewide
city employees’ retirement system and as defined in *RCW
41.44.030(13). However, a person who has established service credit under *RCW 41.40.010(13) (c) or (d) shall not
establish additional credit under this subsection nor may anyone who establishes credit under this subsection establish any
additional credit under RCW 41.40.010(13) (c) or (d). No
additional payments are required for service credit described
in this subsection if already established under this chapter.
(2)(a) In the case of a member of this retirement system
who is employed by an employer on July 26, 1987, the written election required by subsection (1) of this section must be
filed and the payments required by subsection (1)(b) and (c)
of this section must be completed in full within one year after
July 26, 1987.
(b) In the case of a former member of this retirement system who is not employed by an employer on July 26, 1987,
the written election must be filed and the payments must be
completed in full within one year after reemployment by an
employer.
(c) In the case of a retiree receiving a retirement allowance from this retirement system on July 26, 1987, or any
person having vested rights as described in RCW 41.40.150
(4), the written election may be filed and the payments may
be completed at any time.
(3) Upon receipt of the written election and payments
required by subsection (1) of this section from any retiree
described in subsection (2) of this section, the department
shall recompute the retiree’s allowance in accordance with
this section and shall pay any additional benefit resulting
41.40.058
(2010 Ed.)
Washington Public Employees’ Retirement System
from such recomputation retroactively to the date of retirement from the system governed by this chapter.
(4) Any person who was a member of the statewide city
employees’ retirement system under chapter 41.44 RCW and
also became a member of this retirement system, and did not
make the election under subsection (1) of this section because
he or she was not a member of this retirement system prior to
July 27, 1987, or did not meet the time limitations of subsection (2) (a) or (b) of this section, may elect to do any of the
following:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service that was previously credited under chapter 41.44
RCW but was canceled by discontinuance of service and
withdrawal of accumulated contributions as provided in
RCW 41.44.190; and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW.
To make the election or elections, the person must pay
the amount required under RCW 41.50.165(2) prior to retirement from this retirement system. [1994 c 197 § 25; 1987 c
417 § 1; 1984 c 184 § 9. Formerly RCW 41.40.403.]
*Reviser’s note: RCW 41.40.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (13) to subsection (23).
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Additional notes found at www.leg.wa.gov
41.40.059 Credit for service in Seattle’s police relief
and pension fund system. Any active member of this retirement system who has previously established ten or more
years’ service credit in the city of Seattle’s police relief and
pension fund system, who withdrew his or her contributions
from Seattle’s police relief and pension fund system prior to
July 1, 1961, and who has never been a member of the law
enforcement officers’ and firefighters’ pension system created in chapter 41.26 RCW, may receive credit in this retirement system for such service, subject to the terms and conditions specified in RCW 41.40.061. [1992 c 157 § 3.]
41.40.059
41.40.061 Credit for service in Seattle’s police relief
and pension fund system—Terms and conditions. (1) A
member who fulfills the requirements of RCW 41.40.059
may file a written declaration no later than September 30,
1992, with the department and the Seattle police relief and
pension fund system indicating the member’s desire to make
an irrevocable transfer of credit from the Seattle system to
this retirement system. The member shall restore his or her
contributions, with interest since the date of withdrawal as
determined by the director, no later than December 31, 1992.
(2) Upon receipt of the written declaration, the Seattle
police relief and pension fund system shall send the department a report of the member’s service credit. It shall also
transfer to the department the portion of such member’s contributions that was retained in the Seattle police relief and
pension fund pursuant to RCW 41.20.150, plus a sum equal
to such member’s total contributions to the Seattle police
relief and pension fund, which shall be treated as matching
contributions by the employer, plus the compound interest
41.40.061
(2010 Ed.)
41.40.073
that would have been generated by such sums, as determined
by the Seattle city treasurer. The Seattle police relief and pension fund system shall send the service credit report and
transfer the funds within ninety days of receiving the member’s written declaration. [1992 c 157 § 4.]
41.40.062 Optional entry of system by political subdivisions or associations of political subdivisions—Procedure—School districts declared employers and eligible
employees members of system—Exception. (1) The members and appointive and elective officials of any political subdivision or association of political subdivisions of the state
may become members of the retirement system by the
approval of the local legislative authority.
(2) On and after September 1, 1965, every school district
of the state of Washington shall be an employer under this
chapter. Every member of each school district who is eligible
for membership under RCW 41.40.023 shall be a member of
the retirement system and participate on the same basis as a
person who first becomes a member through the admission of
any employer into the retirement system on and after April 1,
1949, except that after August 31, 2000, school districts will
no longer be employers for the public employees’ retirement
system plan 2 or plan 3. [2000 c 247 § 106; 1998 c 341 § 602;
1995 c 286 § 4; 1991 c 35 § 93; 1971 ex.s. c 271 § 12; 1969 c
128 § 13; 1965 c 84 § 1; 1963 c 174 § 16; 1961 c 291 § 13;
1953 c 200 § 19; 1951 c 50 § 13; 1949 c 240 § 27; 1947 c 274
§ 43; Rem. Supp. 1949 § 11072-42. Formerly RCW
41.40.410.]
41.40.062
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.068 Hearing prior to appeal—Required—
Notice. Any person aggrieved by any decision of the department affecting his or her legal rights, duties, or privileges
must before he or she appeals to the courts, file with the
director by mail or personally within sixty days from the day
the decision was communicated to the person, a notice for a
hearing before the director’s designee. The notice of hearing
shall set forth in full detail the grounds upon which the person
considers the decision unjust or unlawful and shall include
every issue to be considered by the department, and it must
contain a detailed statement of facts upon which the person
relies in support of the appeal. These persons shall be deemed
to have waived all objections or irregularities concerning the
matter on which the appeal is taken, other than those specifically set forth in the notice of hearing or appearing in the
records of the retirement system. [1991 c 35 § 94; 1969 c 128
§ 14; 1963 c 174 § 17; 1953 c 200 § 22. Formerly RCW
41.40.412.]
41.40.068
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.073 Hearing prior to appeal—Conduct of
hearing. Following its receipt of a notice for hearing in
accordance with RCW 41.40.068, a hearing shall be held by
the director or a duly authorized representative, in the county
of the residence of the claimant at a time and place designated
by the director. Such hearing shall be conducted and governed in all respects by the provisions of chapter 34.05 RCW.
41.40.073
[Title 41 RCW—page 245]
41.40.078
Title 41 RCW: Public Employment, Civil Service, and Pensions
[1989 c 175 § 87; 1969 c 128 § 15; 1953 c 200 § 23. Formerly
RCW 41.40.414.]
Additional notes found at www.leg.wa.gov
41.40.078 Judicial review in accordance with administrative procedure act. Judicial review of any final decision and order by the director is governed by the provisions
of chapter 34.05 RCW. [1989 c 175 § 88; 1969 c 128 § 16;
1963 c 174 § 18; 1953 c 200 § 20; 1951 c 50 § 14. Formerly
RCW 41.40.420.]
41.40.078
Additional notes found at www.leg.wa.gov
41.40.082 Appeal—No bond required. No bond of
any kind shall be required of a claimant appealing to the
superior court, the court of appeals, or the supreme court
from a finding of the department affecting the claimant’s
right to retirement or disability benefits. [1991 c 35 § 95;
1971 c 81 § 105; 1951 c 50 § 16. Formerly RCW 41.40.440.]
41.40.082
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.088 Education employment—Service credit—
Computation. (1) A plan 1 member who is employed by a
school district or districts, an educational service district, the
Washington state center for childhood deafness and hearing
loss, the state school for the blind, institutions of higher education, or community colleges:
(a) Shall receive a service credit month for each month
of the period from September through August of the following year if he or she is employed in an eligible position, earns
compensation earnable for six hundred thirty hours or more
during that period, and is employed during nine months of
that period, except that a member may not receive credit for
any period prior to the member’s employment in an eligible
position;
(b) If a member in an eligible position does not meet the
requirements of (a) of this subsection, the member is entitled
to a service credit month for each month of the period he or
she earns earnable compensation for seventy or more hours;
and the member is entitled to a one-quarter service credit
month for those calendar months during which he or she
earned compensation for less than seventy hours.
(2) Except for any period prior to the member’s employment in an eligible position, a plan 2 or plan 3 member who
is employed by a school district or districts, an educational
service district, the state school for the blind, the Washington
state center for childhood deafness and hearing loss, institutions of higher education, or community colleges:
(a) Shall receive a service credit month for each month
of the period from September through August of the following year if he or she is employed in an eligible position, earns
compensation earnable for eight hundred ten hours or more
during that period, and is employed during nine months of
that period;
(b) If a member in an eligible position for each month of
the period from September through August of the following
year does not meet the hours requirements of (a) of this subsection, the member is entitled to one-half service credit
month for each month of the period if he or she earns earnable
compensation for at least six hundred thirty hours but less
41.40.088
[Title 41 RCW—page 246]
than eight hundred ten hours during that period, and is
employed nine months of that period;
(c) In all other instances, a member in an eligible position is entitled to service credit months as follows:
(i) One service credit month for each month in which
compensation is earned for ninety or more hours;
(ii) One-half service credit month for each month in
which compensation is earned for at least seventy hours but
less than ninety hours; and
(iii) One-quarter service credit month for each month in
which compensation is earned for less than seventy hours;
(d) After August 31, 2000, school districts and educational service districts will no longer be employers for the
public employees’ retirement system plan 2 or plan 3.
(3) The department shall adopt rules implementing this
section. [2009 c 381 § 32; 2000 c 247 § 107; 1998 c 341 §
603. Prior: 1991 c 343 § 9; 1991 c 35 § 96; 1990 c 274 § 4;
1989 c 289 § 2; 1987 c 136 § 1; 1983 c 69 § 2; 1973 c 23 § 1.
Formerly RCW 41.40.450.]
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Intent—Reservation—Effective date—Construction—
1990 c 274: See notes following RCW 41.32.010.
Additional notes found at www.leg.wa.gov
41.40.092 Transfer of cadet service credit to Washington state patrol retirement system. (1) Active members
of the Washington state patrol retirement system who have
previously established service credit in the public employees’
retirement system, plan 1 or plan 2 while employed by the
state patrol as a cadet as defined in *RCW 43.43.120(6)(b)
may have such service credit transferred to the state patrol
retirement system subject to the terms and conditions specified in chapter 43.43 RCW, including reestablishment of
such service for the sole purpose of transfer. Service reestablishment shall be subject to the interest requirements of RCW
41.40.150(2).
(2) Service credit established for employment other than
that specified in subsection (1) of this section is not eligible
for transfer. [2000 c 247 § 108; 1983 c 81 § 3. Formerly
RCW 41.40.530.]
41.40.092
*Reviser’s note: RCW 43.43.120 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (6)(b) to subsection (5)(b).
Additional notes found at www.leg.wa.gov
41.40.0931 Death benefit—Course of employment as
a police officer—Occupational disease or infection. (1) A
one hundred fifty thousand dollar death benefit for members
who had the opportunity to transfer to the law enforcement
officers’ and firefighters’ retirement system pursuant to chapter 502, Laws of 1993, but elected to remain in the public
employees’ retirement system, shall be paid to the member’s
estate, or such person or persons, trust, or organization as the
member has nominated by written designation duly executed
and filed with the department. If there is no designated person or persons still living at the time of the member’s death,
the member’s death benefit shall be paid to the member’s surviving spouse as if in fact the spouse had been nominated by
41.40.0931
(2010 Ed.)
Washington Public Employees’ Retirement System
written designation, or if there is no surviving spouse, then to
the member’s legal representatives.
(2) Subject to subsection (3) of this section, the benefit
under this section shall be paid only where death occurs as a
result of (a) injuries sustained in the course of employment as
a general authority police officer; or (b) an occupational disease or infection that arises naturally and proximately out of
employment covered under this chapter. The determination
of eligibility for the benefit shall be made consistent with
Title 51 RCW by the department of labor and industries. The
department of labor and industries shall notify the department
of retirement systems by order under RCW 51.52.050.
(3) The benefit under this section shall not be paid in the
event the member was in the act of committing a felony when
the fatal injuries were suffered. [2007 c 487 § 6; 1998 c 157
§ 1.]
Additional notes found at www.leg.wa.gov
41.40.0932
41.40.0932 Death benefit—Course of employment—
Occupational disease or infection. (1) A one hundred fifty
thousand dollar death benefit shall be paid to the member’s
estate, or such person or persons, trust or organization as the
member has nominated by written designation duly executed
and filed with the department. If no such designated person
or persons are still living at the time of the member’s death,
the member’s death benefit shall be paid to the member’s surviving spouse as if in fact the spouse had been nominated by
written designation, or if there is no surviving spouse, then to
the member’s legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of (a) injuries sustained in the
course of employment; or (b) an occupational disease or
infection that arises naturally and proximately out of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with Title 51
RCW by the department of labor and industries. The department of labor and industries shall notify the department of
retirement systems by order under RCW 51.52.050. [2007 c
487 § 7; 2003 c 402 § 1.]
41.40.095
41.40.095 Transfer of membership from judicial
retirement system. (1) Any member of the Washington
judicial retirement system who wishes to transfer such membership to the retirement system provided for in this chapter
shall file a written request with the director as required by
RCW 2.10.040 on or before December 31, 1989, or within
one year after reentering service as a judge.
Upon receipt of such request, the director shall transfer
from the judicial retirement system to this retirement system:
(a) An amount equal to the employee and employer contributions the judge would have made if the judge’s service under
chapter 2.10 RCW had originally been earned under this
chapter, which employee contributions shall be credited to
the member’s account established under this chapter; and (b)
a record of service credited to the member. The judge’s accumulated contributions that exceed the amount credited to the
judge’s account under this subsection shall be deposited in
the judge’s retirement account created pursuant to chapter
2.14 RCW.
(2010 Ed.)
41.40.098
(2) The member shall be given year-for-year credit for
years of service, as determined under *RCW 2.10.030(8),
earned under the judicial retirement system. Service credit
granted under the judicial retirement system pursuant to
RCW 2.10.220 shall not be transferred under this section.
The director instead shall reverse the transfer of contributions
and service credit previously made under RCW 2.10.220 and
shall credit the member for such periods of service and contributions under this chapter as though no transfer had ever
occurred.
(3) All employee contributions transferred pursuant to
this section shall be treated the same as other employee contributions made under this chapter. [1988 c 109 § 5. Formerly RCW 41.40.540.]
*Reviser’s note: RCW 2.10.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (8) to subsection (11).
Additional notes found at www.leg.wa.gov
41.40.096
41.40.096 Law enforcement officers—Dual membership—Plan 1 exception. (1) An employee who was a member of the public employees’ retirement system plan 2 or plan
3 on or before January 1, 2003, and on July 27, 2003, is
employed by the department of fish and wildlife as a law
enforcement officer as defined in RCW 41.26.030, shall
become a member of the law enforcement officers’ and firefighters’ retirement system plan 2. All officers will be dual
members as provided in chapter 41.54 RCW, and public
employees’ retirement system service credit may not be
transferred to the law enforcement officers’ and firefighters’
retirement system plan 2.
(2) An employee who was a member of the public
employees’ retirement system plan 1 on or before January 1,
2003, and on or after July 27, 2003, is employed by the
department of fish and wildlife as a law enforcement officer
as defined in RCW 41.26.030, shall remain a member of the
public employees’ retirement system plan 1. [2003 c 388 §
1.]
41.40.098
41.40.098 Transfer of former service from judicial
retirement system. A former member of the Washington
judicial retirement system who: (1) Is not serving as a judge
on July 1, 1988; (2) has not retired under the applicable provisions of chapter 2.10 RCW; and (3) subsequently reacquires membership in the public employees’ retirement system may, by written request filed with the director of retirement systems, transfer to the public employees’ retirement
system all periods of time served as a judge, as defined in
*RCW 2.10.030(2). Upon such membership transfer being
made, the department of retirement systems shall transfer the
employer contributions and the employee’s contributions and
service from the judicial retirement system to the public
employees’ retirement system. The service shall be transferred and credited to the member as though the service was
originally earned as a member of the public employees’
retirement system. [1988 c 109 § 6. Formerly RCW
41.40.542.]
*Reviser’s note: RCW 2.10.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (2) to subsection (5).
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 247]
41.40.102
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.40.102 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect on
retirement benefits under this chapter. [1983 c 283 § 4. Formerly RCW 41.40.800.]
41.40.102
41.40.103 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 3.]
41.40.105
41.40.105 Chapter not applicable to officers and
employees of state convention and trade center. The provisions of this chapter shall not be applicable to the officers
and employees of the nonprofit corporation formed under
chapter 67.40 RCW. [1984 c 210 § 6. Formerly RCW
41.40.810.]
Additional notes found at www.leg.wa.gov
41.40.103
41.40.104 Establishing, restoring service credit. Notwithstanding any provision to the contrary, persons who fail
to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 3.]
41.40.104
41.40.1041 Prior service for plan 2 or 3 members—
One-half service credit. (1) By no later than December 31,
2010, the department shall recalculate service credit for periods of qualifying prior service by an eligible member, as provided for in this section.
(2) An eligible member is a member of plan 2 or 3 who
is active in the retirement system and who earns service credit
after June 10, 2010, and before September 1, 2010.
(3) A qualifying period of prior service is a school year
prior to January 1, 1987, in which the member:
(a) Was employed in an eligible position by a school district or districts, educational service district, the state school
for the deaf, the state school for the blind, an institution of
higher education, or a community college;
(b) Earned earnable compensation for at least six hundred thirty hours as determined by the department;
(c) Received less than six months of service credit; and
(d) Has not withdrawn service credit for the school year
or has restored any withdrawn service credit for the school
year.
(4) The department shall recalculate service credit for
qualifying periods of prior service for an eligible member as
follows:
(a) The member shall receive one-half service credit
month for each month of the period from September through
August of the following year if he or she earned earnable
compensation during that period for at least six hundred
thirty hours as determined by the department, and was
employed nine months of that period; and
(b) A member’s service credit shall not be reduced under
this section for a qualifying period of prior service. [2010 c
103 § 2.]
41.40.1041
[Title 41 RCW—page 248]
41.40.108
41.40.108 Higher education classified employees—
Membership in the public employees’ retirement system.
(1) All classified employees employed by Washington State
University on and after April 24, 1973, and otherwise eligible
shall become members of the Washington public employees’
retirement system to the exclusion of any other retirement
benefit system at the institution unless otherwise provided by
law.
(2) All classified employees employed by the University
of Washington or each of the regional universities or The
Evergreen State College on and after May 6, 1974, and otherwise eligible shall become members of the Washington public employees’ retirement system at the institution unless otherwise provided by law: PROVIDED, That persons who,
immediately prior to the date of their hiring as classified
employees, have for at least two consecutive years held membership in a retirement plan underwritten by the private
insurer of the retirement plan of their respective educational
institution may irrevocably elect to continue their membership in the retirement plan notwithstanding the provisions of
this chapter, if the election is made within thirty days from
the date of their hiring as classified employees. If these persons elect to become members of the public employees’
retirement system, contributions by them and their employers
shall be required from their first day of employment. [1991 c
35 § 107.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.109
41.40.109 Retirement system employer—Termination of status. (1) Employers that are organized pursuant to
chapter 36.100, 36.102, or 81.112 RCW, who have become
retirement system employers since 1993, and who have previously excluded some of their employees from retirement
system membership pursuant to the limitation in RCW
41.40.023(4), shall have the option until December 31, 1999,
to terminate their status as a retirement system employer with
regard to persons employed after the date of their election.
(2) If a government unit terminates its status as an
employer pursuant to this section its employees as of the date
of the election who are members shall be eligible to continue
their membership in the retirement system, if otherwise eligible under this chapter, for the duration of their continuous
employment with that employer.
(3) If a government unit subject to this section does not
elect to terminate its status as a retirement system employer it
may either: (a) Continue to exclude from membership those
employees who were excluded pursuant to the limitation in
RCW 41.40.023(4) prior to July 25, 1999; or [(b)] include
such employees in the retirement system, if otherwise eligible
under this chapter, for service rendered on or after July 25,
1999, and after the employer’s election. [1999 c 244 § 2.]
(2010 Ed.)
Washington Public Employees’ Retirement System
41.40.111 Retirement system employer—Unit of government. (1) When a unit of government has become a
retirement system employer, all of its employees must be
included in the plan membership, if otherwise eligible under
this chapter, unless the employee is exempted from membership or qualifies for optional membership pursuant to RCW
41.40.023 or other provision of this chapter.
(2) A unit of government which has become a retirement
system employer may not withdraw from the retirement system. [1999 c 244 § 3.]
41.40.111
41.40.113 Public safety employees’ retirement system—Election—Membership. (1) An employee who was a
member of the public employees’ retirement system plan 2 or
plan 3 before July 1, 2006, and on July 1, 2006, is employed
by an employer as defined in *RCW 41.37.010(4) and is an
employee in a job class included in *RCW 41.37.010(5), has
the following options during the election period:
(a) Remain a member of the public employees’ retirement system; or
(b) Become a member of the public safety employees’
retirement system plan 2. All members will be dual members
as provided in chapter 41.54 RCW, and public employees’
retirement system service credit may not be transferred to the
public safety employees’ retirement system plan 2.
(2) The "election period" is the period between July 1,
2006, and September 30, 2006.
(3) During the election period, employees remain members of the public employees’ retirement system plan 2 or
plan 3 until they elect to join the public safety employees’
retirement system. Members who elect to join the public
safety employees’ retirement system as described in subsection (1) of this section will have their membership begin prospectively from the date of their election.
(4) If after September 30, 2006, the member has not
made an election to join the public safety employees’ retirement system he or she will remain in the public employees’
retirement system plan 2 or plan 3.
(5) An employee who was a member of the public
employees’ retirement system plan 1 on or before July 1,
2006, and on or after July 1, 2006, is employed by an
employer as defined in *RCW 41.37.010(4) as an employee
in a job class included in *RCW 41.37.010(5), shall remain a
member of the public employees’ retirement system plan 1.
(6) All new employees hired on or after July 1, 2006,
who become employed by an employer as defined in *RCW
41.37.010(4) as an employee in a job class included in *RCW
41.37.010(5) will become members of the public safety
employees’ retirement system.
(7) An employee of the department of natural resources
who was a member of the public employees’ retirement system plan 2 or plan 3 before July 1, 2007, and on July 1, 2007,
is performing the duties as defined in *RCW 41.37.010(5),
has the following options during the election period defined
in subsection (8) of this section:
(a) Remain in the public employees’ retirement system;
or
(b) Become a member of the public safety employees’
retirement system plan 2 and be a dual member as provided in
chapter 41.54 RCW, and public employees’ retirement sys41.40.113
(2010 Ed.)
41.40.124
tem service credit may not be transferred to the public safety
employees’ retirement system.
(8) The "election period" is the period between July 1,
2007, and September 30, 2007.
(9) During the election period, department of natural
resources employees remain members of the public employees’ retirement system plan 2 or plan 3 until they elect to join
the public safety employees’ retirement system. Members
who elect to join the public safety employees’ retirement system as described in subsection (7) of this section will have
their membership begin prospectively from the date of their
election.
(10) If after September 30, 2007, an employee has not
made an election to join the public safety employees’ retirement system, he or she will remain in the public employees’
retirement system plan 2 or plan 3. [2007 c 294 § 2; 2004 c
242 § 5.]
*Reviser’s note: RCW 41.37.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsections (4) and (5) to subsections (12) and
(19), respectively.
Effective date—2004 c 242: See RCW 41.37.901.
41.40.124 Discontinuing judicial retirement account
plan contributions—Additional benefit—One-time irrevocable election—Justices and judges. (1) Between January 1, 2007, and December 31, 2007, a member of plan 1 or
plan 2 employed as a supreme court justice, court of appeals
judge, or superior court judge may make a one-time irrevocable election, filed in writing with the member’s employer, the
department, and the administrative office of the courts, to
accrue an additional benefit equal to one and one-half percent
of average final compensation for each year of future service
credit from the date of the election in lieu of future employee
and employer contributions to the judicial retirement account
plan under chapter 2.14 RCW.
(2) A member who made the election under subsection
(1) of this section may apply, at the time of filing a written
application for retirement with the department, to the department to increase the member’s benefit multiplier by an additional one and one-half percent per year of service for the
period in which the member served as a justice or judge prior
to the election. The member may purchase, beginning with
the most recent judicial service, the higher benefit multiplier
for that portion of the member’s prior judicial service for
which the higher benefit multiplier was not previously purchased, and that would ensure that the member has no more
than a seventy-five percent of average final compensation
benefit. The member shall pay five percent of the salary
earned for each month of service for which the higher benefit
multiplier is being purchased, plus five and one-half percent
interest applied from the dates that the service was earned.
The purchase price shall not exceed the actuarially equivalent
value of the increase in the member’s benefit resulting from
the increase in the benefit multiplier. This payment must be
made prior to retirement, subject to rules adopted by the
department.
(3) From January 1, 2009, through June 30, 2009, the
following members may apply to the department to increase
their benefit multiplier by an additional one and one-half percent per year of service for the period in which they served as
a justice or judge:
41.40.124
[Title 41 RCW—page 249]
41.40.127
Title 41 RCW: Public Employment, Civil Service, and Pensions
(a) Active members of plan 1 or plan 2 who are not currently employed as a supreme court justice, court of appeals
judge, or superior court judge, and who have past service as a
supreme court justice, court of appeals judge, or superior
court judge; and
(b) Inactive vested members of plan 1 or plan 2 who have
separated, have not yet retired, and who have past service as
a supreme court justice, court of appeals judge, or superior
court judge.
A member eligible under this subsection may purchase
the higher benefit multiplier for all or part of the member’s
prior judicial service beginning with the most recent judicial
service. The member shall pay, for the applicable period of
service, the actuarially equivalent value of the increase in the
member’s benefit resulting from the increase in the benefit
multiplier as determined by the director.
(4) Subject to rules adopted by the department, a member
applying to increase the member’s benefit multiplier under
this section may pay all or part of the cost with a lump sum
payment, eligible rollover, direct rollover, or trustee-totrustee transfer from an eligible retirement plan. The department shall adopt rules to ensure that all lump sum payments,
rollovers, and transfers comply with the requirements of the
internal revenue code and regulations adopted by the internal
revenue service. The rules adopted by the department may
condition the acceptance of a rollover or transfer from
another plan on the receipt of information necessary to enable
the department to determine the eligibility of any transferred
funds for tax-free rollover treatment or other treatment under
federal income tax law. [2008 c 300 § 1; 2007 c 123 § 1;
2006 c 189 § 5.]
Effective date—2006 c 189: See note following RCW 2.14.115.
41.40.127 Additional benefit for district or municipal
court judges—One-time irrevocable election. (1) Between
January 1, 2007, and December 31, 2007, a member of plan 1
or plan 2 employed as a district court judge or municipal
court judge may make a one-time irrevocable election, filed
in writing with the member’s employer and the department,
to accrue an additional benefit equal to one and one-half percent of average final compensation for each year of future
service credit from the date of the election.
(2) A member who made the election under subsection
(1) of this section may apply, at the time of filing a written
application for retirement with the department, to the department to increase the member’s benefit multiplier by one and
one-half percent per year of service for the period in which
the member served as a judge prior to the election. The member may purchase, beginning with the most recent judicial
service, the higher benefit multiplier for that portion of the
member’s prior judicial service for which the higher benefit
multiplier was not previously purchased, and that would
ensure that the member has no more than a seventy-five percent of average final compensation benefit. The member
shall pay five percent of the salary earned for each month of
service for which the higher benefit multiplier is being purchased, plus five and one-half percent interest applied from
the dates that the service was earned. The purchase price
shall not exceed the actuarially equivalent value of the
increase in the member’s benefit resulting from the increase
41.40.127
[Title 41 RCW—page 250]
in the benefit multiplier. This payment must be made prior to
retirement, subject to rules adopted by the department.
(3) From January 1, 2009, through June 30, 2009, the
following members may apply to the department to increase
their benefit multiplier by an additional one and one-half percent per year of service for the period in which they served as
a justice or judge:
(a) Active members of plan 1 or plan 2 who are not currently employed as a district court judge or municipal court
judge, and who have past service as a district court judge or
municipal court judge; and
(b) Inactive vested members of plan 1 or plan 2 who have
separated, have not yet retired, and who have past service as
a district court judge or municipal court judge.
A member eligible under this subsection may purchase
the higher benefit multiplier for all or part of the member’s
prior judicial service beginning with the most recent judicial
service. The member shall pay, for the applicable period of
service, the actuarially equivalent value of the increase in the
member’s benefit resulting from the increase in the benefit
multiplier as determined by the director.
(4) Subject to rules adopted by the department, a member
applying to increase the member’s benefit multiplier under
this section may pay all or part of the cost with a lump sum
payment, eligible rollover, direct rollover, or trustee-totrustee transfer from an eligible retirement plan. The department shall adopt rules to ensure that all lump sum payments,
rollovers, and transfers comply with the requirements of the
internal revenue code and regulations adopted by the internal
revenue service. The rules adopted by the department may
condition the acceptance of a rollover or transfer from
another plan on the receipt of information necessary to enable
the department to determine the eligibility of any transferred
funds for tax-free rollover treatment or other treatment under
federal income tax law. [2008 c 300 § 2; 2007 c 123 § 2;
2006 c 189 § 6.]
Effective date—2006 c 189: See note following RCW 2.14.115.
"PLAN 1"
41.40.145 Provisions applicable to plan 1. RCW
41.40.150 through 41.40.363 shall apply only to members of
plan 1. [1992 c 72 § 9; 1991 c 35 § 105.]
41.40.145
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.150 Termination of membership—Restoration
of service credit. Should any member die, or should the
individual separate or be separated from service without
leave of absence before attaining age sixty years, or should
the individual become a beneficiary, except a beneficiary of
an optional retirement allowance as provided by RCW
41.40.188, the individual shall thereupon cease to be a member except;
(1) As provided in RCW 41.40.170.
(2) An employee not previously retired who reenters service shall upon completion of six months of continuous service and upon the restoration, in one lump sum or in annual
installments, of all withdrawn contributions: (a) With interest as computed by the director, which restoration must be
completed within a total period of five years of membership
41.40.150
(2010 Ed.)
Washington Public Employees’ Retirement System
service following the member’s first resumption of employment or (b) paying the amount required under RCW
41.50.165(2), be returned to the status, either as an original
member or new member which the member held at time of
separation.
(3)(a) Except as provided in (b) of this subsection, a
member who separates or has separated after having completed at least five years of service shall remain a member
during the period of absence from service for the exclusive
purpose of receiving a retirement allowance to begin at
attainment of age sixty-five, however, such a member may on
written notice to the director elect to receive a reduced retirement allowance on or after age sixty which allowance shall
be the actuarial equivalent of the sum necessary to pay regular retirement benefits as of age sixty-five: PROVIDED,
That if such member should withdraw all or part of the member’s accumulated contributions except those additional contributions made pursuant to RCW 41.40.330(2), the individual shall thereupon cease to be a member and this section
shall not apply.
(b) A member who:
(i) Separates from service under this subsection on or
after January 1, 2002; and
(ii) Attains the age of fifty with at least twenty years of
service prior to separation; and
(iii) Is not retired as of June 13, 2002, shall remain a
member during the period of absence from service for the
exclusive purpose of receiving a retirement allowance to
begin at attainment of age sixty.
If such a member should withdraw all or part of the
member’s accumulated contributions except those additional
contributions made pursuant to RCW 41.40.330(2), the individual shall thereupon cease to be a member and this section
shall not apply.
(4) The recipient of a retirement allowance elected to
office or appointed to office directly by the governor, and
who shall apply for and be accepted in membership as provided in RCW 41.40.023(3) shall be considered to have terminated his or her retirement status and shall become a member of the retirement system with the status of membership
the member held as of the date of retirement. Retirement benefits shall be suspended from the date of return to membership until the date when the member again retires and the
member shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible in accordance with RCW 41.40.180: PROVIDED,
That where any such right to retire is exercised to become
effective before the member has rendered six uninterrupted
months of service the type of retirement allowance the member had at the time of the member’s previous retirement shall
be reinstated, but no additional service credit shall be
allowed: AND PROVIDED FURTHER, That if such a recipient of a retirement allowance does not elect to apply for
reentry into membership as provided in RCW 41.40.023(3),
the member shall be considered to remain in a retirement status and the individual’s retirement benefits shall continue
without interruption.
(5) Any member who leaves the employment of an
employer and enters the employ of a public agency or agencies of the state of Washington, other than those within the
jurisdiction of this retirement system, and who establishes
(2010 Ed.)
41.40.160
membership in a retirement system or a pension fund operated by such agency or agencies and who shall continue
membership therein until attaining age sixty, shall remain a
member for the exclusive purpose of receiving a retirement
allowance without the limitation found in RCW 41.40.180(1)
to begin on attainment of age sixty-five; however, such a
member may on written notice to the director elect to receive
a reduced retirement allowance on or after age sixty which
allowance shall be the actuarial equivalent of the sum necessary to pay regular retirement benefits commencing at age
sixty-five: PROVIDED, That if such member should withdraw all or part of the member’s accumulated contributions
except those additional contributions made pursuant to RCW
41.40.330(2), the individual shall thereupon cease to be a
member and this section shall not apply. [2002 c 62 § 1; 1997
c 254 § 12; 1994 c 197 § 26; 1992 195 § 1; 1990 c 249 § 17.
Prior: 1987 c 384 § 1; 1987 c 88 § 1; 1986 c 317 § 3; 1983 c
233 § 2; 1982 1st ex.s. c 52 § 20; 1979 ex.s. c 249 § 10; 1974
ex.s. c 195 § 3; 1973 1st ex.s. c 190 § 6; 1969 c 128 § 6; 1967
c 127 § 4; 1965 c 155 § 3; 1963 c 174 § 8; 1955 c 277 § 3;
1953 c 200 § 7; 1951 c 50 § 3; 1949 c 240 § 10; 1947 c 274 §
16; Rem. Supp. 1949 § 11072-16.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative findings—Intent—1986 c 317: "The legislature finds that
in the past public employees and teachers who had terminated employment,
withdrawn their retirement contributions, and subsequently returned to public employment or teaching either did not receive proper notification of the
procedure to reinstate their withdrawn contributions or they did not fully
understand the limitation on such reinstatement. In 1973, the legislature recognized this fact and provided an extraordinary reinstatement period for such
employees. Further in 1983, the legislature established clear notification procedures for the proper notification of the reinstatement policy for all such
returning employees. Therefore, it is the intent of this 1986 act to provide one
last opportunity for reinstatement of withdrawn contributions to those who
may have not been properly informed or misunderstood the reinstatement
procedure." [1986 c 317 § 1.]
Additional notes found at www.leg.wa.gov
41.40.160 Creditable service. (1) Subject to the provisions of RCW 41.40.150, at retirement the total service credited to a member shall consist of all membership service and,
if he or she is an original member, all of the certified prior
service.
(2) Employees of a public utility or other private enterprise all or any portion of which has been heretofore or may
be hereafter acquired by a public agency as a matter of public
convenience and necessity, where it is in the public interest to
retain the trained personnel of such enterprise, all service to
that enterprise shall, upon the acquiring public agency
becoming an employer as defined in *RCW 41.40.010(4) be
credited on the same basis as if rendered to the said employer:
PROVIDED, That this shall apply only to those employees
who were in the service of the enterprise at or prior to the
time of acquisition by the public agency and who remain in
the service of the acquiring agency until they attain membership in the state employees’ retirement system; and to those
employees who were in the service of the enterprise at the
time of acquisition by the public agency and subsequently
attain membership through employment with any participat41.40.160
[Title 41 RCW—page 251]
41.40.163
Title 41 RCW: Public Employment, Civil Service, and Pensions
ing agency: PROVIDED FURTHER, In the event that the
acquiring agency is an employer at the time of the acquisition, employer’s contributions in connection with members
achieving service credit hereunder shall be made on the same
basis as set forth in RCW **41.40.045 and 41.40.048 for an
employer admitted after April 1, 1949, and before July 23,
1995, and on the same basis as set forth in RCW 41.40.057
for an employer admitted after July 23, 1995. [1995 c 286 §
5; 1991 c 35 § 77; 1989 c 273 § 27; 1965 c 155 § 4; 1963 c
174 § 9; 1953 c 200 § 8; 1951 c 50 § 4; 1949 c 240 § 11; 1947
c 274 § 17; Rem. Supp. 1949 § 11072-17.]
Reviser’s note: *(1) RCW 41.40.010 was alphabetized pursuant to
RCW 1.08.015(2)(k), changing subsection (4) to subsection (13).
**(2) RCW 41.40.045 was repealed by 1995 c 286 § 6.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.163 Purchase of service credit—Service at
Washington State University. Notwithstanding any provision to the contrary, employees of Washington State University who first established membership in the public employees’ retirement system plan 1 under *RCW 41.40.500
through 41.40.507, as existing on July 28, 1991, and **RCW
41.40.508, as existing on June 7, 1990, may purchase, as set
forth under RCW 41.50.165, plan 1 service credit for the
period of service at Washington State University prior to his
or her contributory membership in the Washington State University retirement system. [1998 c 17 § 4.]
41.40.163
Reviser’s note: *(1) RCW 41.40.500 through 41.40.507 were decodified pursuant to 1991 c 35 § 4.
**(2) RCW 41.40.508 was repealed by 1990 c 249 § 22.
41.40.170 Credit for military service. (1) A member
who has served or shall serve on active federal service in the
military or naval forces of the United States and who left or
shall leave an employer to enter such service shall be deemed
to be on military leave of absence if he or she has resumed or
shall resume employment as an employee within one year
from termination thereof.
(2) If he or she has applied or shall apply for reinstatement of employment, within one year from termination of the
military service, and is refused employment for reasons
beyond his or her control, he or she shall, upon resumption of
service within ten years have such service credited to him or
her.
(3) In any event, after completing twenty-five years of
creditable service, any member may have service in the
armed forces credited to him or her as a member whether or
not he or she left the employ of an employer to enter the
armed service: PROVIDED, That in no instance, described
in this section, shall military service in excess of five years be
credited: AND PROVIDED FURTHER, That in each
instance the member must restore all withdrawn accumulated
contributions, which restoration must be completed within
five years of membership service following the first resumption of employment or complete twenty-five years of creditable service: AND PROVIDED FURTHER, That this section will not apply to any individual, not a veteran within the
meaning of RCW 41.04.005.
(4)(a) A member, after completing twenty-five years of
creditable service, who would have otherwise become eligi41.40.170
[Title 41 RCW—page 252]
ble for a retirement benefit as defined under this chapter
while serving honorably in the armed forces as referenced in
RCW 41.04.005, shall, upon application to the department,
be eligible to receive credit for this service without returning
to covered employment.
(b) Service credit granted under (a) of this subsection
applies only to veterans as defined in RCW 41.40.005.
(5) The surviving spouse or eligible child or children of
a member who left the employ of an employer to enter the
uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased
member, apply for retirement system service credit under this
subsection up to the date of the member’s death in the uniformed services. The department shall establish the deceased
member’s service credit if the surviving spouse or eligible
child or children:
(a) Provides to the director proof of the member’s death
while serving in the uniformed services; and
(b) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death.
(6) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(a) The member obtains a determination from the director that he or she is totally incapacitated for continued
employment due to conditions or events that occurred while
serving in the uniformed services; and
(b) The member provides to the director proof of honorable discharge from the uniformed services. [2005 c 247 § 2;
2005 c 64 § 1; 2002 c 27 § 2; 1991 c 35 § 78; 1981 c 294 §
12; 1973 1st ex.s. c 190 § 14; 1972 ex.s. c 151 § 3; 1969 c 128
§ 7; 1967 c 127 § 8; 1963 c 174 § 10; 1953 c 200 § 9; 1949 c
240 § 12; 1947 c 274 § 18; Rem. Supp. 1949 § 11072-18.]
Reviser’s note: This section was amended by 2005 c 64 § 1 and by
2005 c 247 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2005 c 247: See notes following RCW
41.04.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.175 Service credit for paid leave of absence—
Application to elected officials of labor organizations. (1)
A member who is on a paid leave of absence authorized by a
member’s employer shall continue to receive service credit as
provided under the provisions of RCW 41.40.145 through
41.40.363.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
41.40.175
(2010 Ed.)
Washington Public Employees’ Retirement System
rights with the employer during the period of leave. The compensation earnable reported for a member who establishes
service credit under this subsection may not be greater than
the salary paid to the highest paid job class covered by the
collective bargaining agreement. [1993 c 95 § 1.]
Additional notes found at www.leg.wa.gov
41.40.180 Retirement—Length of service. (1) Any
member with five years of creditable service who has attained
age sixty and any original member who has attained age sixty
may retire on written application to the director, setting forth
at what time the member desires to be retired: PROVIDED,
That in the national interest, during time of war engaged in by
the United States, the director may extend beyond age sixty,
subject to the provisions of subsection (2) of this section, the
age at which any member may be eligible to retire.
(2) Any member who has completed thirty years of service may retire on written application to the director setting
forth at what time the member desires to be retired, subject to
war measures.
(3) Any member who has completed twenty-five years of
service and attained age fifty-five may retire on written application to the director setting forth at what time the member
desires to be retired, subject to war measures.
(4) Any individual who is eligible to retire pursuant to
subsections (1) through (3) of this section shall be allowed to
retire while on any authorized leave of absence not in excess
of one hundred and twenty days. [1982 1st ex.s. c 52 § 21;
1973 1st ex.s. c 190 § 7; 1972 ex.s. c 151 § 4; 1971 ex.s. c 271
§ 7; 1967 c 127 § 5; 1963 c 174 § 11; 1955 c 277 § 4; 1953 c
200 § 10; 1951 c 81 § 1; 1949 c 240 § 13; 1947 c 274 § 19;
Rem. Supp. 1949 § 11072-19.]
41.40.180
Additional notes found at www.leg.wa.gov
41.40.183 Annual increase amount—Legislature’s
rights reserved. (1) Beginning July 1, 2009, the annual
increase amount as defined in *RCW 41.40.010(41) shall be
increased by an amount equal to $0.40 per month per year of
service minus the 2008 gain-sharing increase amount under
**RCW 41.31.010 as it exists on July 22, 2007. This adjustment shall not decrease the annual increase amount, and is
not to exceed $0.20 per month per year of service. The legislature reserves the right to amend or repeal this section in the
future and no member or beneficiary has the contractual right
to receive this adjustment to the annual increase amount not
granted prior to that time.
(2) The adjustment to the annual increase amount as set
forth in section 11, chapter 491, Laws of 2007 was intended
by the legislature as a replacement benefit for gain-sharing.
If the repeal of ***chapter 41.31 RCW is held to be invalid in
a final determination of a court of law, and the court orders
reinstatement of gain-sharing or other alternate benefits as a
remedy, then this adjustment to the annual increase amount
shall not be included in future annual increase amounts paid
on or after the date of such reinstatement. [2007 c 491 § 11.]
41.40.183
Reviser’s note: *(1) RCW 41.40.010 was alphabetized pursuant to
RCW 1.08.015(2)(k), changing subsection (41) to subsection (4).
**(2) RCW 41.31.010 was repealed by 2007 c 491 § 13, effective January 2, 2008.
***(3) Chapter 41.31 RCW was repealed by 2007 c 491 § 13, effective
January 2, 2008.
(2010 Ed.)
41.40.185
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
41.40.185
41.40.185 Retirement allowances—Members retiring after February 25, 1972. Upon retirement from service,
as provided for in RCW 41.40.180 or 41.40.210, a member
shall be eligible for a service retirement allowance computed
on the basis of the law in effect at the time of retirement,
together with such post-retirement pension increases as may
from time to time be expressly authorized by the legislature.
The service retirement allowance payable to members retiring on and after February 25, 1972 shall consist of:
(1) An annuity which shall be the actuarial equivalent of
his or her additional contributions made pursuant to RCW
41.40.330(2).
(2) A membership service pension, subject to the provisions of subsection (4) of this section, which shall be equal to
two percent of his or her average final compensation for each
service credit year or fraction of a service credit year of membership service.
(3) A prior service pension which shall be equal to oneseventieth of his or her average final compensation for each
year or fraction of a year of prior service not to exceed thirty
years credited to his or her service accounts. In no event,
except as provided in *this 1972 amendatory act, shall any
member receive a retirement allowance pursuant to subsections (2) and (3) of this section of more than sixty percent of
his or her average final compensation: PROVIDED, That no
member shall receive a pension under this section of less than
nine hundred dollars per annum if such member has twelve or
more years of service credit, or less than one thousand and
two hundred dollars per annum if such member has sixteen or
more years of service credit, or less than one thousand five
hundred and sixty dollars per annum if such member has
twenty or more years of service credit.
(4) Notwithstanding the provisions of subsections (1)
through (3) of this section, the retirement allowance payable
for service where a member was elected or appointed pursuant to Articles II or III of the Constitution of the state of
Washington or RCW 48.02.010 and the implementing statutes shall be a combined pension and annuity. Said retirement
allowance shall be equal to three percent of the average final
compensation for each year of such service. Any member
covered by this subsection who upon retirement has served
ten or more years shall receive a retirement allowance of at
least one thousand two hundred dollars per annum; such
member who has served fifteen or more years shall receive a
retirement allowance of at least one thousand eight hundred
dollars per annum; and such member who has served twenty
or more years shall receive a retirement allowance of at least
two thousand four hundred dollars per annum: PROVIDED,
That the initial retirement allowance of a member retiring
only under the provisions of this subsection shall not exceed
the average final compensation upon which the retirement
allowance is based. The minimum benefits provided in this
subsection shall apply to all retired members or to the surviving spouse of deceased members who were elected to the
office of state senator or state representative. [1991 c 343 §
7; 1990 c 249 § 7; 1987 c 143 § 2; 1973 1st ex.s. c 190 § 8;
1972 ex.s. c 151 § 5.]
[Title 41 RCW—page 253]
41.40.188
Title 41 RCW: Public Employment, Civil Service, and Pensions
*Reviser’s note: For codification of "this 1972 amendatory act" [1972
ex.s. c 151], see Codification Tables, Volume 0.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.40.188 Retirement allowance—Options—Retirement allowance adjustment—Court-approved property
settlement. (1) Upon retirement for service as prescribed in
RCW 41.40.180 or retirement for disability under RCW
41.40.210 or 41.40.230, a member shall elect to have the
retirement allowance paid pursuant to one of the following
options calculated so as to be actuarially equivalent to each
other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree’s accumulated contributions at the
time of retirement, then the balance shall be paid to the member’s estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree’s death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree’s
legal representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written designation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(c) A member may elect to include the benefit provided
under RCW 41.40.640 along with the retirement options
available under this section. This retirement allowance option
shall be calculated so as to be actuarially equivalent to the
options offered under this subsection.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member’s retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
41.40.188
[Title 41 RCW—page 254]
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.180(1) and the member’s divorcing spouse be divided into two separate benefits
payable over the life of each spouse.
(2010 Ed.)
Washington Public Employees’ Retirement System
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.40.180(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The separate single life benefits of the member and
the nonmember ex spouse are not (i) subject to the minimum
benefit provisions of RCW 41.40.1984, or (ii) the minimum
benefit annual increase amount eligibility provisions of
*RCW 41.40.197 (2)(b) and (3)(a).
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 12; 2000 c 186 § 7; 1998 c 340 § 8; 1996 c 175 § 6;
1995 c 144 § 1; 1990 c 249 § 9.]
*Reviser’s note: RCW 41.40.197 was amended by 2005 c 327 § 8,
deleting subsection (3)(a).
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.40.189 Retirement allowance—Adjustment eligibility. (1) A retiree who receives state-funded long-term care
services on or after June 1, 1998, is not eligible for the
increase provided by section 8, chapter 340, Laws of 1998, if
the increase would make the retiree ineligible for statefunded long-term care services. For the purposes of this section "state-funded long-term care services" means a statefunded adult family home, adult residential care, assisted living, enhanced adult residential care, in-home care, or nursing
home service, as defined in RCW 74.39A.009, for which the
retiree is required to contribute all income other than a specified amount reserved for the retiree’s personal maintenance
needs. Retirees who are subject to this section shall notify the
department in writing. The department has no affirmative
duty to identify retirees who are subject to this subsection.
(2) This section applies to all payments under section 8,
chapter 340, Laws of 1998, made on or after May 17, 1999,
regardless of the date of retirement. [1999 c 362 § 3.]
41.40.189
Additional notes found at www.leg.wa.gov
(2010 Ed.)
41.40.190
41.40.190 Retirement allowance—In lieu of allowance provided in RCW 41.40.185. In lieu of the retirement
allowance provided in RCW 41.40.185, an individual
employed on or before April 25, 1973 may, after complying
with RCW 41.40.180 or 41.40.210, make an irrevocable election to receive the retirement allowance provided by this section which shall consist of:
(1) An annuity which shall be the actuarial equivalent of
his or her accumulated contributions at the time of his or her
retirement; and
(2) A basic service pension of one hundred dollars per
annum; and
(3) A membership service pension, subject to the provisions of subdivision (4) of this section, which shall be equal
to one one-hundredth of his or her average final compensation for each year or fraction of a year of membership service
credited to his or her service account; and
(4) A prior service pension which shall be equal to oneseventieth of his or her average final compensation for each
year or fraction of a year of prior service not to exceed thirty
years credited to his or her service accounts. In no event shall
any original member upon retirement at age seventy with ten
or more years of service credit receive less than nine hundred
dollars per annum as a retirement allowance, nor shall any
member upon retirement at any age receive a retirement
allowance of less than nine hundred dollars per annum if such
member has twelve or more years of service credit, or less
than one thousand and two hundred dollars per annum if such
member has sixteen or more years of service credit, or less
than one thousand five hundred and sixty dollars per annum
if such member has twenty or more years of service credit. In
the event that the retirement allowance as to such member
provided by subdivisions (1), (2), (3), and (4) hereof shall
amount to less than the aforesaid minimum retirement allowance, the basic service pension of the member shall be
increased from one hundred dollars to a sum sufficient to
make a retirement allowance of the applicable minimum
amount.
(5) Notwithstanding the provisions of subsections (1)
through (4) of this section, the retirement allowance payable
for service where a member was elected or appointed pursuant to Articles II or III of the Constitution of the state of
Washington or RCW 48.02.010 and the implementing statutes shall be a combined pension and annuity. Said retirement
allowance shall be equal to three percent of the average final
compensation for each year of such service. Any member
covered by this subsection who upon retirement has served
ten or more years shall receive a retirement allowance of at
least one thousand two hundred dollars per annum; such
member who has served fifteen or more years shall receive a
retirement allowance of at least one thousand eight hundred
dollars per annum; and such member who has served twenty
or more years shall receive a retirement allowance of at least
two thousand four hundred dollars per annum: PROVIDED,
That the initial retirement allowance of a member retiring
only under the provisions of this subsection shall not exceed
the average final compensation upon which the retirement
allowance is based. The minimum benefits provided in this
subsection shall apply to all retired members or to the surviving spouse of deceased members who were elected under the
provisions of Article II of the Washington state Constitution.
41.40.190
[Title 41 RCW—page 255]
41.40.191
Title 41 RCW: Public Employment, Civil Service, and Pensions
(6) Unless payment shall be made under RCW
41.40.270, a joint and one hundred percent survivor benefit
under RCW 41.40.188 shall automatically be given effect as
if selected for the benefit of the surviving spouse upon the
death in service, or while on authorized leave of absence for
a period not to exceed one hundred and twenty days from the
date of payroll separation, of any member who is qualified
for a service retirement allowance or has completed ten years
of service at the time of death, except that if the member is
not then qualified for a service retirement allowance, such
option II benefit shall be based upon the actuarial equivalent
of the sum necessary to pay the accrued regular retirement
allowance commencing when the deceased member would
have first qualified for a service retirement allowance. [1990
c 249 § 8; 1987 c 143 § 3; 1973 1st ex.s. c 190 § 9; 1972 ex.s.
c 151 § 6; 1971 ex.s. c 271 § 5; 1969 c 128 § 8; 1967 c 127 §
7; 1961 c 291 § 6; 1953 c 200 § 11; 1951 c 50 § 5; 1949 c 240
§ 14; 1947 c 274 § 20; Rem. Supp. 1949 § 11072-20.]
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.40.191 Retirement allowance—Members with
thirty years of service—Irrevocable election. A member
may make the irrevocable election under this section no later
than six months after attaining thirty years of service. The
election shall become effective at the beginning of the calendar month following department receipt of employee notification.
(1) The sum of member contributions made for periods
of service after the effective date of the election plus seven
and one-half percent interest shall be paid to the member at
retirement without a reduction in the member’s monthly
retirement benefit as determined under RCW 41.40.185.
(2) Upon retirement, the member’s benefit shall be calculated using only the compensation earnable credited prior
to the effective date of the member’s election. Calculation of
the member’s average final compensation shall include eligible cash outs of sick and annual leave based on the member’s
salary and leave accumulations at the time of retirement,
except that the amount of a member’s average final compensation cannot be higher than if the member had not taken
advantage of the election offered under this section.
(3) Members who have already earned thirty years of
service credit prior to July 25, 1999, may participate in the
election by notifying the department in writing of their intention by December 31, 1999.
The department shall continue to collect employer contributions as required in RCW 41.45.060. [1999 c 362 § 2.]
41.40.191
member is separated from service. [1983 c 3 § 94; 1973 1st
ex.s. c 190 § 10; 1972 ex.s. c 151 § 7.]
*Reviser’s note: For codification of "this 1972 amendatory act" [1972
ex.s. c 151], see Codification Tables, Volume 0.
Additional notes found at www.leg.wa.gov
41.40.197 Retirement allowance—Annual
increases—Eligibility. (1) Beginning July 1, 1995, and
annually thereafter, the retirement allowance of a person
meeting the requirements of this section shall be increased by
the annual increase amount.
(2) The following persons shall be eligible for the benefit
provided in subsection (1) of this section:
(a) A beneficiary who has received a retirement allowance for at least one year by July 1st in the calendar year in
which the annual increase is given and has attained at least
age sixty-six by December 31st in the calendar year in which
the annual increase is given; or
(b) A beneficiary whose retirement allowance is lower
than the minimum benefit provided under RCW 41.40.1984.
(3) If otherwise eligible, those receiving an annual
adjustment under RCW 41.40.188(1)(c) shall be eligible for
the annual increase adjustment in addition to the benefit that
would have been received absent this section.
(4) Those receiving a benefit under RCW 41.40.220(1),
or a survivor of a disabled member under RCW 41.44.170(5)
shall be eligible for the benefit provided by this section.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to receive this postretirement adjustment not
granted prior to that time. [2007 c 89 § 1; 2005 c 327 § 8;
1995 c 345 § 5.]
41.40.197
Effective date—2007 c 89: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007."
[2007 c 89 § 3.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.1971 Definition—"Beneficiary." For the purposes of RCW 41.40.197, 41.40.1984, and 41.40.1986, "beneficiary" means a beneficiary under RCW 41.40.010 or
41.44.030, or both RCW 41.40.010 and 41.44.030. [1995 c
345 § 6.]
41.40.1971
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.1984 Minimum retirement allowance—Annual
adjustment—Persons who become beneficiaries after
June 30, 1995. (1) Except as provided in subsections (4) and
(5) of this section, no one who becomes a beneficiary after
June 30, 1995, shall receive a monthly retirement allowance
of less than twenty-four dollars and twenty-two cents times
the number of years of service creditable to the person whose
service is the basis of such retirement allowance.
(2) Where the retirement allowance payable was
adjusted at the time benefit payments to the beneficiary commenced, the minimum allowance provided in this section
shall be adjusted in a manner consistent with that adjustment.
41.40.1984
41.40.193 Dates upon which retirement allowances
accrue. Retirement allowances paid to members eligible to
retire under the provisions of RCW 41.40.180, 41.40.200,
41.40.210, 41.40.220, 41.40.230, and 41.40.250 shall accrue
from the first day of the calendar month immediately following the calendar month during which the member is separated
from service. Retirement allowance paid to members eligible
to retire under any other provisions of *this 1972 amendatory
act shall accrue from the first day of a calendar month but in
no event earlier than the first day of the calendar month
immediately following the calendar month during which the
41.40.193
[Title 41 RCW—page 256]
(2010 Ed.)
Washington Public Employees’ Retirement System
(3) Beginning July 1, 1996, the minimum benefit set
forth in subsection (1) of this section shall be adjusted annually by the annual increase.
(4) Those receiving a benefit under RCW 41.40.220(1)
or under RCW 41.44.170 (3) and (5) shall not be eligible for
the benefit provided by this section.
(5) For persons who served as elected officials and
whose accumulated employee contributions and credited
interest was less than seven hundred fifty dollars at the time
of retirement, the minimum benefit under subsection (1) of
this section shall be ten dollars per month per each year of
creditable service.
(6) Beginning July 1, 2004, the minimum benefit set
forth in subsection (1) of this section, prior to adjustments set
forth in subsection (2) of this section, for a beneficiary with at
least twenty-five years of service and who has been retired at
least twenty years shall be one thousand dollars per month.
On July 1, 2006, and each year thereafter, the minimum benefit in this subsection shall be increased by three percent,
rounded to the nearest cent.
(7) Beginning July 1, 2006, the minimum benefit set
forth in subsection (1) of this section, prior to adjustments set
forth in subsection (2) of this section, for a beneficiary with at
least twenty years of service and who has been retired at least
twenty-five years shall be one thousand dollars per month.
On July 1, 2006, and each year thereafter, the minimum benefit in this subsection shall be increased by three percent,
rounded to the nearest cent. [2006 c 244 § 2; 2004 c 85 § 2;
1995 c 345 § 7.]
Effective date—2006 c 244: See note following RCW 41.32.4851.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.1985 Permanent retirement allowance adjustment. The dollar amount of the temporary postretirement
allowance adjustment granted by section 1, chapter 519,
Laws of 1993 shall be provided as a permanent retirement
allowance adjustment as of July 1, 1995. [1994 c 247 § 4.]
41.40.1985
Additional notes found at www.leg.wa.gov
41.40.1986 Permanent increase for specified beneficiaries age seventy or over. (1) The amount of the July 1,
1993, increase to the retirement allowance of beneficiaries
under this chapter as a result of the temporary adjustment
authorized by section 3, chapter 519, Laws of 1993, shall be
made a permanent adjustment on July 1, 1995.
(2) Beneficiaries receiving a benefit under *RCW
41.40.198 who are at least age seventy-nine shall receive on
July 1, 1995, a permanent adjustment of one dollar and eighteen cents per month per year of service.
(3) Beneficiaries under this chapter who are not subject
to subsection (1) of this section and are not receiving a benefit under *RCW 41.40.198 shall receive the following permanent adjustment to their retirement allowance on July 1,
1995:
(a) Those who are age seventy, thirty-nine cents per
month per year of service;
(b) Those who are age seventy-one, seventy-nine cents
per month per year of service; and
41.40.1986
(2010 Ed.)
41.40.220
(c) Those who are at least age seventy-two, one dollar
and eighteen cents per month per year of service. [1995 c 345
§ 8.]
*Reviser’s note: RCW 41.40.198 was repealed by 1995 c 345 § 11.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.200 Retirement for disability in line of duty—
Applicability to certain judges. (1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of
a member, or his or her employer, a member who becomes
totally incapacitated for duty as the natural and proximate
result of an accident occurring in the actual performance of
duty or who becomes totally incapacitated for duty and qualifies to receive benefits under Title 51 RCW as a result of an
occupational disease, as now or hereafter defined in RCW
51.08.140, while in the service of an employer, without willful negligence on his or her part, shall be retired subject to the
following conditions:
(a) That the medical adviser, after a medical examination
of such member made by or under the direction of the medical adviser, shall certify in writing that the member is mentally or physically totally incapacitated for the further performance of his or her duty and that such member should be
retired;
(b) That the director concurs in the recommendation of
the medical adviser;
(c) That no application shall be valid or a claim thereunder enforceable unless, in the case of an accident, the claim is
filed within two years after the date upon which the injury
occurred or, in the case of an occupational disease, the claim
is filed within two years after the member separated from service with the employer; and
(d) That the coverage provided for occupational disease
under this section may be restricted in the future by the legislature for all current and future members.
(2) The retirement for disability of a judge, who is a
member of the retirement system, by the supreme court under
Article IV, section 31 of the Constitution of the state of
Washington (Amendment 71), with the concurrence of the
director, shall be considered a retirement under subsection (1)
of this section. [1991 c 35 § 80; 1986 c 207 § 1; 1982 c 18 §
3; 1955 c 277 § 5; 1951 c 50 § 6; 1949 c 240 § 15; 1947 c 274
§ 21; Rem. Supp. 1949 § 11072-21.]
41.40.200
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.210 Duty disability retirement allowance for
disability after age sixty. Upon retirement for disability, as
provided in RCW 41.40.200, a member who has attained age
sixty, regardless of his creditable service shall receive a service retirement allowance. [1972 ex.s. c 151 § 8; 1947 c 274
§ 22; Rem. Supp. 1947 § 11072-22.]
41.40.210
41.40.220 Allowance on retirement for duty disability—Before sixty. Upon retirement for disability, as provided in RCW 41.40.200, a member who has not attained age
sixty shall receive the following benefits, subject to the provisions of RCW 41.40.310 and 41.40.320:
(1) A disability retirement pension of two-thirds of his or
her average final compensation to his or her attainment of age
41.40.220
[Title 41 RCW—page 257]
41.40.230
Title 41 RCW: Public Employment, Civil Service, and Pensions
sixty, subject to the provisions of RCW 41.40.310. The disability retirement pension provided by the employer shall not
exceed forty-two hundred dollars per annum, and
(2) Upon attainment of age sixty, the disabled member
shall receive a service retirement allowance as provided in
RCW 41.40.210. The department shall grant the disabled
member membership service for the period of time prior to
age sixty he or she was out of such service due to disability.
(3) During the period a disabled member is receiving a
disability pension, as provided for in subsection (1) of this
section, his or her contributions to the employees’ savings
fund shall be suspended and his or her balance in the employees’ savings fund, standing to his or her credit as of the date
his or her disability pension is to begin, shall remain in the
employees’ savings fund. If the disabled member should die
before attaining age sixty, while a disability beneficiary,
upon receipt by the department of proper proof of death, the
member’s accumulated contributions standing to his or her
credit in the employees’ savings fund, shall be paid to the
member’s estate, or such person or persons, trust, or organization as he or she shall have nominated by written designation duly executed and filed with the department. If there is
no designated person or persons still living at the time of the
member’s death, the accumulated contributions standing to
the member’s credit in the employees’ savings fund shall be
paid to his or her surviving spouse, or if there is no surviving
spouse, then to the member’s legal representative. [1995 c
144 § 2; 1991 c 35 § 81; 1972 ex.s. c 151 § 9; 1971 ex.s. c 271
§ 8; 1961 c 291 § 7; 1953 c 200 § 12; 1949 c 240 § 16; 1947
c 274 § 23; Rem. Supp. 1949 § 11072-23.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.230 Nonduty disability—Applicability to certain judges. (1) Subject to the provisions of RCW 41.40.310
and 41.40.320, upon application of a member, or his or her
employer, a member who has been an employee at least five
years, and who becomes totally and permanently incapacitated for duty as the result of causes occurring not in the performance of his or her duty, may be retired by the department, subject to the following conditions:
(a) That the medical adviser, after a medical examination
of the member made by or under the direction of the medical
adviser, shall certify in writing that the member is mentally or
physically incapacitated for the further performance of duty,
that the incapacity is likely to be permanent, and that the
member should be retired; and
(b) That the department concurs in the recommendation
of the medical adviser.
(2) The retirement for disability of a judge, who is a
member of the retirement system and who has been an
employee at least five years, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (Amendment 71), with the concurrence of the department, shall be considered a retirement under subsection (1) of
this section. [1991 c 35 § 82; 1982 c 18 § 4; 1969 c 128 § 9;
1951 c 50 § 7; 1949 c 240 § 17; 1947 c 274 § 24; Rem. Supp.
1949 § 11072-24.]
41.40.230
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 258]
41.40.235 Nonduty disability retirement allowance—
Amount—Maximum—Death benefit. (1) Upon retirement, a member shall receive a nonduty disability retirement
allowance equal to two percent of average final compensation for each service credit year of service: PROVIDED,
That this allowance shall be reduced by two percent of itself
for each year or fraction thereof that his or her age is less than
fifty-five years: PROVIDED FURTHER, That in no case
may the allowance provided by this section exceed sixty percent of average final compensation.
(2) If the recipient of a retirement allowance under this
section dies before the total of the retirement allowance paid
to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be
paid to the member’s estate, or the person or persons, trust, or
organization as the recipient has nominated by written designation duly executed and filed with the director or, if there is
no designated person or persons still living at the time of the
recipient’s death, then to the surviving spouse or, if there is
neither a designated person or persons still living at the time
of his or her death nor a surviving spouse, then to his or her
legal representative. [1995 c 144 § 3. Prior: 1991 c 343 § 8;
1991 c 35 § 83; 1986 c 176 § 4; 1972 ex.s. c 151 § 10.]
41.40.235
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.250 Allowance on retirement for nonduty disability—Election. An individual who was a member on
February 25, 1972, may upon qualifying pursuant to RCW
41.40.230, make an irrevocable election to receive the nonduty disability retirement allowance provided in subsections
(1) and (2) of this section subject to the provisions of RCW
41.40.310 and 41.40.320. Upon attaining or becoming disabled after age sixty the member shall receive a service retirement allowance as provided for in RCW 41.40.190 except
that the annuity portion thereof shall consist of a continuation
of the cash refund annuity previously provided to him or her.
The disability retirement allowance prior to age sixty shall
consist of:
(1) A cash refund annuity which shall be the actuarial
equivalent of the member’s accumulated contributions at the
time of his or her retirement; and
(2) A pension, in addition to the annuity, equal to one
one-hundredth of the member’s average final compensation
for each year of service. If the recipient of a retirement allowance under this section dies before the total of the annuity
portions of the retirement allowance paid to him or her equals
the amount of his or her accumulated contributions at the date
of retirement, then the balance shall be paid to the member’s
estate, or the person or persons, trust, or organization as he or
she shall have nominated by written designation duly executed and filed with the department, or if there is no designated person or persons, still living at the time of his or her
death, then to his or her surviving spouse, or if there is no designated person or persons still living at the time of his or her
death nor a surviving spouse, then to his or her legal representatives. [1995 c 144 § 4; 1991 c 35 § 84; 1972 ex.s. c 151 §
11; 1969 c 128 § 10; 1961 c 291 § 8; 1953 c 200 § 13; 1947 c
274 § 26; Rem. Supp. 1947 § 11072-26.]
41.40.250
Intent—1991 c 35: See note following RCW 41.26.005.
(2010 Ed.)
Washington Public Employees’ Retirement System
Nonduty disability retirement allowance—1972 act: See RCW 41.40.235.
Additional notes found at www.leg.wa.gov
41.40.260
41.40.260 Withdrawal from system—Refund of contributions—Waiver of allowance, when. Subject to the
provisions of RCW 41.40.280, should a member cease to be
an employee, he or she may request upon a form provided by
the department a refund of all or part of the funds standing to
his or her credit in the employees’ savings fund and this
amount shall be paid to him or her. Withdrawal of all or part
of the funds, other than additional contributions under RCW
41.40.330(2) by a member who is eligible for a service retirement allowance in RCW 41.40.180 or a disability retirement
allowance in RCW 41.40.200, 41.40.210, 41.40.220,
41.40.230, or 41.40.250 shall constitute a waiver of any service or disability retirement allowance. [1991 c 35 § 85;
1983 c 3 § 95; 1971 ex.s. c 271 § 9; 1963 c 174 § 12; 1949 c
240 § 18; 1947 c 274 § 27; Rem. Supp. 1949 § 11072-27.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.262
41.40.262 Elected officials—Restoration of withdrawn contributions. Any active member or separated
member who was not eligible to restore contributions under
section 3, chapter 317, Laws of 1986, solely because he or
she was an elected official, other than an elected official
under Articles II or III of the Constitution of the state of
Washington, shall be permitted to restore withdrawn contributions for periods of nonelected service no later than June
30, 1994, with interest as determined by the director. [1993 c
506 § 2.]
41.40.270
41.40.270 Death before retirement or within sixty
days following application for disability retirement—Military service—Payment of contributions to nominee, surviving spouse, or legal representative—Waiver of payment, effect—Benefits. (1) Except as specified in subsection (4) of this section, should a member die before the date
of retirement the amount of the accumulated contributions
standing to the member’s credit in the employees’ savings
fund, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, at the time of death:
(a) Shall be paid to the member’s estate, or such person
or persons, trust, or organization as the member shall have
nominated by written designation duly executed and filed
with the department; or
(b) If there be no such designated person or persons still
living at the time of the member’s death, or if a member fails
to file a new beneficiary designation subsequent to marriage,
remarriage, dissolution of marriage, divorce, or reestablishment of membership following termination by withdrawal or
retirement, such accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under
RCW 41.50.670, shall be paid to the surviving spouse as if in
fact such spouse had been nominated by written designation
as aforesaid, or if there be no such surviving spouse, then to
the member’s legal representatives.
(2010 Ed.)
41.40.270
(2) Upon the death of any member who is qualified but
has not applied for a service retirement allowance or has
completed ten years of service at the time of death, the designated beneficiary, or the surviving spouse as provided in subsection (1) of this section, may elect to waive the payment
provided by subsection (1) of this section. Upon such an
election, a joint and one hundred percent survivor option
under RCW 41.40.188, calculated under the retirement
allowance described in RCW 41.40.185 or 41.40.190, whichever is greater, actuarially reduced, except under subsection
(5) of this section, by the amount of any lump sum benefit
identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under
RCW 41.50.670 shall automatically be given effect as if
selected for the benefit of the designated beneficiary. If the
member is not then qualified for a service retirement allowance, such benefit shall be based upon the actuarial equivalent of the sum necessary to pay the accrued regular retirement allowance commencing when the deceased member
would have first qualified for a service retirement allowance.
(3) Subsection (1) of this section, unless elected, shall
not apply to any member who has applied for service retirement in RCW 41.40.180, as now or hereafter amended, and
thereafter dies between the date of separation from service
and the member’s effective retirement date, where the member has selected a survivorship option under RCW 41.40.188.
In those cases the beneficiary named in the member’s final
application for service retirement may elect to receive either
a cash refund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant
to a court order filed under RCW 41.50.670, or monthly payments according to the option selected by the member.
(4) If a member dies within sixty days following application for disability retirement under RCW 41.40.230, the beneficiary named in the application may elect to receive the
benefit provided by:
(a) This section; or
(b) RCW 41.40.235, according to the option chosen
under RCW 41.40.188 in the disability application.
(5) The retirement allowance of a member who is killed
in the course of employment, as determined by the director of
the department of labor and industries, or the retirement
allowance of a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to an actuarial reduction. The
member’s retirement allowance is computed under RCW
41.40.185. [2009 c 226 § 11; 2009 c 111 § 1; 2003 c 155 § 6;
1997 c 73 § 2; 1996 c 227 § 2; 1995 c 144 § 5; 1991 c 365 §
27; 1990 c 249 § 11; 1979 ex.s. c 249 § 11; 1972 ex.s. c 151
§ 12; 1969 c 128 § 11; 1965 c 155 § 5; 1963 c 174 § 13; 1961
c 291 § 9; 1953 c 201 § 1; 1953 c 200 § 14; 1951 c 141 § 1;
1949 c 240 § 19; 1947 c 274 § 28; Rem. Supp. 1949 § 1107228.]
Reviser’s note: This section was amended by 2009 c 111 § 1 and by
2009 c 226 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Applicability—2003 c 155: See note following RCW 41.32.520.
Findings—1990 c 249: See note following RCW 2.10.146.
[Title 41 RCW—page 259]
41.40.280
Title 41 RCW: Public Employment, Civil Service, and Pensions
Additional notes found at www.leg.wa.gov
41.40.280 Department may withhold refunds of contributions. The department may, in its discretion, withhold
payment of all or part of a member’s contributions for not
more than six months after a member has ceased to be an
employee. A member who files a request for a refund and
subsequently enters into employment with an employer prior
to the refund being made shall not be eligible for a refund.
For purposes of this section, a written or oral employment
agreement shall be considered entering into employment.
[1994 c 177 § 7; 1991 c 35 § 86; 1973 2nd ex.s. c 14 § 2; 1947
c 274 § 29; Rem. Supp. 1947 § 11072-29.]
41.40.280
Findings—1994 c 177: See note following RCW 41.50.125.
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.300 Benefits offset by workers’ compensation
or similar benefits. Any amounts which may be paid or payable under the provisions of any workers’ compensation, or
pension, or similar law on account of any disability shall be
offset against and payable in lieu of any benefits payable
from funds provided by the employer under the provisions of
this chapter on account of the same disability. [1987 c 185 §
14; 1949 c 240 § 21; 1947 c 274 § 31; Rem. Supp. 1949 §
11072-31.]
41.40.300
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
41.40.310 Periodical examination of disability beneficiaries—Benefits upon resumption of gainful employment. Once each year during the first five years following
the retirement of a member on a disability pension or retirement allowance, and at least once in every three year period
thereafter the department may, and upon the member’s application shall, require any disability beneficiary, who has not
attained age sixty years, to undergo a medical examination;
such examination to be made by or under the direction of the
medical adviser at the place of residence of the beneficiary,
or other place mutually agreed upon. Should any disability
beneficiary, who has not attained age sixty years, refuse to
submit to a medical examination in any period, his or her disability pension or retirement allowance may be discontinued
until his or her withdrawal of the refusal, and should the
refusal continue for one year, all his or her rights in and to his
or her disability pension, or retirement allowance, may be
revoked by the department. If upon a medical examination of
a disability beneficiary, the medical adviser reports and his or
her report is concurred in by the department, that the disability beneficiary is no longer totally incapacitated for duty as
the result of the injury or illness for which the disability was
granted, or that he or she is engaged in a gainful occupation,
his or her disability pension or retirement allowance shall
cease.
If the disability beneficiary resumes a gainful occupation
and his or her compensation is less than his or her compensation earnable at the date of disability, the department shall
continue the disability benefits in an amount which when
added to his or her compensation does not exceed his or her
compensation earnable at the date of separation, but the disability benefit shall in no event exceed the disability benefit
originally awarded. The compensation earnable at the date of
41.40.310
[Title 41 RCW—page 260]
separation shall be adjusted July 1 of each year by the ratio of
the average consumer price index (Seattle, Washington area)
for urban consumers, compiled by the United States department of labor, bureau of labor statistics, for the calendar year
prior to the adjustment to the average consumer price index
for the calendar year in which separation from service
occurred but in no event shall the adjustment result in an
amount lower than the original compensation earnable at the
date of separation. [1991 c 35 § 87; 1984 c 184 § 14; 1965 c
155 § 7; 1963 c 174 § 14; 1955 c 277 § 7; 1951 c 50 § 9; 1949
c 240 § 22; 1947 c 274 § 32; Rem. Supp. 1949 § 11072-32.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.320 Disability beneficiary—Restoration to service. A disability beneficiary who has been or shall be reinstated to active service shall from the date of restoration again
become a member of the retirement system; and shall contribute to the retirement system in the same manner as prior to
the disability retirement. Any prior service and membership
service, on the basis of which retirement allowances were
computed at the time of retirement, shall be restored to full
force and effect, and, except in the case of retirement for nonduty disability as provided in RCW 41.40.230, he or she shall
be given membership service for the period of time out of service due to the disability. [1991 c 35 § 88; 1953 c 200 § 16;
1951 c 50 § 10; 1949 c 240 § 23; 1947 c 274 § 33; Rem. Supp.
1949 § 11072-33.]
41.40.320
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.330 Contributions. (1) Each employee who is a
member of the retirement system shall contribute six percent
of his or her total compensation earnable. Effective January
1, 1987, however, no contributions are required for any calendar month in which the member is not granted service
credit. The officer responsible for making up the payroll shall
deduct from the compensation of each member, on each and
every payroll of such member for each and every payroll
period subsequent to the date on which he or she became a
member of the retirement system the contribution as provided
by this section.
(2) Any member may, pursuant to regulations formulated from time to time by the department, provide for himself or herself, by means of an increased rate of contribution
to his or her account in the employees’ savings fund, an
increased prospective retirement allowance pursuant to RCW
41.40.190 and 41.40.185.
(3) The officer responsible for making up the payroll
shall deduct from the compensation of each member covered
by the provisions of RCW 41.40.190(5) and 41.40.185(4) on
each and every payroll of such member for each and every
payroll period subsequent to the date on which he or she
thereafter becomes a member of the retirement system, an
amount equal to seven and one-half percent of such member’s compensation earnable. [1990 c 8 § 4; 1986 c 268 § 3;
1973 1st ex.s. c 190 § 12; 1972 ex.s. c 151 § 13; 1971 ex.s. c
271 § 10; 1969 c 128 § 12; 1953 c 200 § 17; 1951 c 50 § 11;
1949 c 240 § 24; 1947 c 274 § 34; Rem. Supp. 1949 §
11072-34.]
41.40.330
Findings—1990 c 8: See note following RCW 41.50.065.
(2010 Ed.)
Washington Public Employees’ Retirement System
Members’ retirement contributions—Payment by employer: RCW
41.04.445.
Additional notes found at www.leg.wa.gov
41.40.363 Employer’s contributions—Labor guild,
association or organization. Any labor guild, association,
or organization qualifying as an employer under this chapter
and which is required to make contributions for an elective
official qualifying for membership under RCW
41.40.023(11) shall make contributions as any other
employer within this chapter: PROVIDED, That the department shall cause an actuarial computation to be made of all
prior service liability for which contributions are required
from the employer to be computed on an actual dollar basis,
and if the department determines that the contributions being
made therefor under this chapter are insufficient to defray any
cost to the state, the department shall require additional contributions from the employer in amounts and at times as will
defray all costs to the state, the additional contributions to be
completed within ten years from the date the elective official
is accepted by the department. [1991 c 35 § 91; 1963 c 225 §
3.]
41.40.363
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.404 Justices or judges retirement allowance—
In lieu of RCW 41.40.185. (1) In lieu of the retirement
allowance provided under RCW 41.40.185, the retirement
allowance payable for service as a supreme court justice,
court of appeals judge, or superior court judge, for a member
who elects to participate under RCW 41.40.124(1), shall be
equal to three and one-half percent of average final compensation for each year of service earned after the date of the
election. The total retirement benefit accrued or purchased
under chapter 189, Laws of 2006 in combination with benefits accrued during periods served prior to the election shall
not exceed seventy-five percent of average final compensation.
(2) In lieu of the retirement allowance provided under
RCW 41.40.185, the retirement allowance payable for service as a supreme court justice, court of appeals judge, or
superior court judge, for those justices or judges newly
elected or appointed after January 1, 2007, shall be equal to
three and one-half percent of average final compensation for
each year of service after January 1, 2007. The total retirement benefits accrued under chapter 189, Laws of 2006 in
combination with benefits accrued during periods served
prior to January 1, 2007, shall not exceed seventy-five percent of average final compensation. [2006 c 189 § 10.]
41.40.625
ing periods served prior to the election shall not exceed seventy-five percent of average final compensation.
(2) In lieu of the retirement allowance provided under
RCW 41.40.185, the retirement allowance payable for service as a district court judge, or municipal court judge, for
those judges newly elected or appointed after January 1,
2007, and who are not eligible for membership under chapter
41.28 RCW, shall be equal to three and one-half percent of
average final compensation for each year of service after January 1, 2007. The total retirement benefits accrued under
chapter 189, Laws of 2006 in combination with benefits
accrued during periods served prior to January 1, 2007, shall
not exceed seventy-five percent of average final compensation. [2006 c 189 § 12.]
Effective date—2006 c 189: See note following RCW 2.14.115.
"PLAN 2"
41.40.610 Provisions applicable to plan 2. RCW
41.40.620 through 41.40.750 shall apply only to plan 2 members. [2000 c 247 § 201; 1991 c 35 § 97; 1977 ex.s. c 295 §
2.]
41.40.610
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.404
Effective date—2006 c 189: See note following RCW 2.14.115.
41.40.408 District or municipal court judges retirement allowances—In lieu of RCW 41.40.185. (1) In lieu of
the retirement allowance provided under RCW 41.40.185,
the retirement allowance payable for service as a district
court judge or municipal court judge, for those judges who
elected to participate under RCW 41.40.127(1), shall be
equal to three and one-half percent of average final compensation for each year of service earned after the election. The
total retirement benefit accrued or purchased under chapter
189, Laws of 2006 in combination with benefits accrued dur41.40.408
(2010 Ed.)
41.40.620 Computation of the retirement allowance.
A member of the retirement system shall receive a retirement
allowance equal to two percent of such member’s average
final compensation for each service credit year of service.
[1991 c 343 § 10; 1977 ex.s. c 295 § 3.]
41.40.620
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Additional notes found at www.leg.wa.gov
41.40.625 Lump sum retirement allowance—Reentry—Conditions for reinstatement of service. (1) On or
after June 10, 1982, the director may pay a member eligible
to receive a retirement allowance or the member’s beneficiary, subject to the provisions of subsection (5) of this section, a lump sum payment in lieu of a monthly benefit if the
initial monthly benefit computed in accordance with RCW
41.40.620 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of the
monthly benefits or an amount equal to the individual’s accumulated contributions plus accrued interest.
(2) A retiree or a beneficiary, subject to the provisions of
subsection (5) of this section, who is receiving a regular
monthly benefit of less than fifty dollars may request, in writing, to convert from a monthly benefit to a lump sum payment. If the director approves the conversion, the calculation
of the actuarial equivalent of the total estimated regular benefit will be computed based on the beneficiary’s age at the
time the benefit initially accrued. The lump sum payment will
be reduced to reflect any payments received on or after the
initial benefit accrual date.
(3) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to re-retiring,
41.40.625
[Title 41 RCW—page 261]
41.40.630
Title 41 RCW: Public Employment, Civil Service, and Pensions
whichever comes first. In computing the amount due, the
director shall exclude the accumulated value of the normal
payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.40.620 or an earned disability allowance under RCW 41.40.670 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [1994 c 197 § 27; 1991 c 35 § 98;
1982 c 144 § 3.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.630 Retirement for service. (1) NORMAL
RETIREMENT. Any member with at least five service
credit years who has attained at least age sixty-five shall be
eligible to retire and to receive a retirement allowance computed according to the provisions of RCW 41.40.620.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years and has
attained age fifty-five shall be eligible to retire and to receive
a retirement allowance computed according to the provisions
of RCW 41.40.620, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT.
(a) Any member who has completed at least thirty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed
according to the provisions of RCW 41.40.620, except that a
member retiring pursuant to this subsection shall have the
retirement allowance reduced by three percent per year to
reflect the difference in the number of years between age at
retirement and the attainment of age sixty-five.
(b) On or after July 1, 2008, any member who has completed at least thirty service credit years and has attained age
fifty-five shall be eligible to retire and to receive a retirement
allowance computed according to the provisions of RCW
41.40.620, except that a member retiring pursuant to this subsection shall have the retirement allowance reduced as follows:
41.40.630
Retirement
Age
55
56
57
58
[Title 41 RCW—page 262]
Percent
Reduction
20%
17%
14%
11%
59
60
61
62
63
64
8%
5%
2%
0%
0%
0%
Any member who retires under the provisions of this
subsection is ineligible for the postretirement employment
provisions of RCW 41.40.037(2)(d) until the retired member
has reached sixty-five years of age. For purposes of this subsection, employment with an employer also includes any personal service contract, service by an employer as a temporary
or project employee, or any other similar compensated relationship with any employer included under the provisions of
RCW 41.40.690(1).
The subsidized reductions for alternate early retirement
in this subsection as set forth in section 9, chapter 491, Laws
of 2007 were intended by the legislature as replacement benefits for gain-sharing. Until there is legal certainty with
respect to the repeal of *chapter 41.31A RCW, the right to
retire under this subsection is noncontractual, and the legislature reserves the right to amend or repeal this subsection.
Legal certainty includes, but is not limited to, the expiration
of any: Applicable limitations on actions; and periods of time
for seeking appellate review, up to and including reconsideration by the Washington supreme court and the supreme
court of the United States. Until that time, eligible members
may still retire under this subsection, and upon receipt of the
first installment of a retirement allowance computed under
this subsection, the resulting benefit becomes contractual for
the recipient. If the repeal of *chapter 41.31A RCW is held
to be invalid in a final determination of a court of law, and the
court orders reinstatement of gain-sharing or other alternate
benefits as a remedy, then retirement benefits for any member who has completed at least thirty service credit years and
has attained age fifty-five but has not yet received the first
installment of a retirement allowance under this subsection
shall be computed using the reductions in (a) of this subsection. [2007 c 491 § 9; 2000 c 247 § 901; 1991 c 343 § 11;
1977 ex.s. c 295 § 4.]
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Benefits not contractual right until July 1, 2008—2007 c 491: "The
new benefits provided pursuant to sections 9(3)(b) and 10(3)(b), chapter 491,
Laws of 2007 are not provided to employees as a matter of contractual right
prior to July 1, 2008, and will not become a contractual right thereafter if the
repeal of chapter 41.31A RCW is held to be invalid in a final determination
of a court of law. The legislature retains the right to alter or abolish these
benefits at any time prior to July 1, 2008." [2007 c 491 § 16.]
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Additional notes found at www.leg.wa.gov
41.40.633
41.40.633 Member with terminal illness—Removal
from system. (1) Upon application of the member, a mem(2010 Ed.)
Washington Public Employees’ Retirement System
ber who is diagnosed with a terminal illness shall be removed
from the system subject to the following conditions:
(a) That the medical adviser, after a medical examination
of the member made by or under the direction of the medical
adviser, has certified in writing that the member has a terminal illness with a life expectancy of five or fewer years; and
(b) That the director concurs in the recommendation of
the medical adviser.
(2) Members removed from the system shall not make
contributions and shall not accumulate additional service
credit.
(3) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to this benefit not granted prior to that
amendment or repeal. [2005 c 131 § 4.]
Effective date—2005 c 131: See note following RCW 41.40.823.
41.40.640 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1977 ex.s. c 295 § 5.]
41.40.640
Additional notes found at www.leg.wa.gov
41.40.660 Options for payment of retirement allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for service as prescribed in RCW 41.40.630 or retirement for disability under RCW 41.40.670, a member shall elect to have
the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to
each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree’s accumulated contributions at the
41.40.660
(2010 Ed.)
41.40.660
time of retirement, then the balance shall be paid to the member’s estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree’s death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree’s
legal representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written designation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member’s retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
[Title 41 RCW—page 263]
41.40.670
Title 41 RCW: Public Employment, Civil Service, and Pensions
the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.720 and the member’s
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.40.630(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
[Title 41 RCW—page 264]
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 6; 2002 c 158 § 13; 2000 c 186 § 8; 1998 c 340 § 9;
1996 c 175 § 7; 1995 c 144 § 6; 1990 c 249 § 10; 1977 ex.s. c
295 § 7.]
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.40.670 Earned disability allowance—Applicability to certain judges—Disposition upon death of recipient.
(1) A member of the retirement system who becomes totally
incapacitated for continued employment by an employer as
determined by the department upon recommendation of the
department shall be eligible to receive an allowance under the
provisions of RCW 41.40.610 through 41.40.740. The member shall receive a monthly disability allowance computed as
provided for in RCW 41.40.620 and shall have this allowance
actuarially reduced to reflect the difference in the number of
years between age at disability and the attainment of age
sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) The retirement for disability of a judge, who is a
member of the retirement system, by the supreme court under
Article IV, section 31 of the Constitution of the state of
Washington (Amendment 71), with the concurrence of the
department, shall be considered a retirement under subsection (1) of this section.
(3)(a) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member’s estate, or the person or
persons, trust, or organization as the recipient has nominated
by written designation duly executed and filed with the director, or, if there is no designated person or persons still living
at the time of the recipient’s death, then to the surviving
spouse, or, if there is no designated person or persons still living at the time of his or her death nor a surviving spouse, then
to his or her legal representative.
(b) If a recipient of a monthly retirement allowance
under this section died before April 27, 1989, and before the
total of the retirement allowance paid to the recipient equaled
the amount of his or her accumulated contributions at the date
of retirement, then the department shall pay the balance of the
accumulated contributions to the member’s surviving spouse
or, if there is no surviving spouse, then in equal shares to the
member’s children. If there is no surviving spouse or children, the department shall retain the contributions. [1995 c
144 § 7; 1991 c 35 § 99; 1990 c 249 § 21; 1989 c 191 § 3;
1982 c 18 § 5; 1977 ex.s. c 295 § 8.]
41.40.670
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
(2010 Ed.)
Washington Public Employees’ Retirement System
Additional notes found at www.leg.wa.gov
41.40.680 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.40.630, 41.40.670, or 41.40.700 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.40.630 shall accrue from the first day
of the calendar month immediately following such member’s
separation from employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance pursuant to RCW 41.40.630, shall accrue from the first day of the
calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.40.670 shall accrue from the
first day of the calendar month immediately following such
member’s separation from employment for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.40.700 shall accrue from the first
day of the calendar month immediately following the member’s death. [1977 ex.s. c 295 § 9.]
41.40.680
Additional notes found at www.leg.wa.gov
41.40.690 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (1) Except
as provided in RCW 41.40.037, no retiree under the provisions of plan 2 shall be eligible to receive such retiree’s
monthly retirement allowance if he or she is employed in an
eligible position as defined in RCW 41.40.010, 41.32.010,
41.37.010, or 41.35.010, or as a law enforcement officer or
firefighter as defined in RCW 41.26.030, except that a retiree
who ends his or her membership in the retirement system pursuant to RCW 41.40.023(3)(b) is not subject to this section if
the retiree’s only employment is as an elective official of a
city or town.
(2) If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree’s benefits
shall be actuarially recomputed pursuant to the rules adopted
by the department.
(3) The department shall adopt rules implementing this
section. [2004 c 242 § 57; 1998 c 341 § 606; 1997 c 254 § 13;
1990 c 274 § 11; 1988 c 109 § 11; 1987 c 379 § 2; 1977 ex.s.
c 295 § 10.]
41.40.690
Effective date—2004 c 242: See RCW 41.37.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Additional notes found at www.leg.wa.gov
41.40.700 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member’s
credit in the retirement system at the time of such member’s
death, less any amount identified as owing to an obligee upon
41.40.700
(2010 Ed.)
41.40.700
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member’s estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member’s death, such member’s accumulated contributions standing to such member’s credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member’s surviving spouse as if in fact such spouse had been
nominated by written designation, or if there be no such surviving spouse, then to such member’s legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive one of the following:
(a) A retirement allowance computed as provided for in
RCW 41.40.630, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.40.660 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.40.630; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall
continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member’s death, such member’s
child or children under the age of majority shall receive an
allowance share and share alike calculated as herein provided
making the assumption that the ages of the spouse and member were equal at the time of the member’s death;
(b) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670; or
(c) For a member who leaves the employ of an employer
to enter the uniformed services of the United States and who
dies after January 1, 2007, while honorably serving in the
uniformed services of the United States in Operation Enduring Freedom or Persian Gulf, Operation Iraqi Freedom, an
amount equal to two hundred percent of the member’s accumulated contributions, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after
October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the
member’s credit, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be
paid:
[Title 41 RCW—page 265]
41.40.710
Title 41 RCW: Public Employment, Civil Service, and Pensions
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member’s death, then to the member’s legal representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, or a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to an actuarial reduction under
RCW 41.40.630. The member’s retirement allowance is
computed under RCW 41.40.620. [2009 c 226 § 12; 2007 c
487 § 8; 2003 c 155 § 7; 2000 c 247 § 1004; 1995 c 144 § 8;
1993 c 236 § 5; 1991 c 365 § 28; 1990 c 249 § 18; 1977 ex.s.
c 295 § 11.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Findings—1990 c 249: See note following RCW 2.10.146.
Additional notes found at www.leg.wa.gov
41.40.710 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member’s employer shall continue to
receive service credit as provided for under the provisions of
RCW 41.40.610 through 41.40.740.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
compensation earnable reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member’s entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes both the plan 2 employer and
member contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to retirement whichever comes sooner; or
(b) If not within five years of resumption of service but
prior to retirement, pay the amount required under RCW
41.50.165(2).
The contributions required under (a) of this subsection
shall be based on the average of the member’s compensation
earnable at both the time the authorized leave of absence was
granted and the time the member resumed employment.
41.40.710
[Title 41 RCW—page 266]
(4) A member who leaves the employ of an employer to
enter the uniformed services of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment
rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member’s honorable discharge from the uniformed services of the United States, the
member applies for reemployment with the employer who
employed the member immediately prior to the member
entering the uniformed services; and
(ii) The member makes the employee contributions
required under RCW 41.45.061 and 41.45.067 within five
years of resumption of service or prior to retirement, whichever comes sooner; or
(iii) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2); or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service in a period of war as defined in RCW
41.04.005 may, prior to retirement and on a form provided by
the department, request a refund of the funds standing to his
or her credit for up to five years of such service, and this
amount shall be paid to him or her. Members with one or
more periods of interruptive military service during a period
of war may receive no more than five years of free retirement
system service credit under this subsection.
(b) Upon receipt of member contributions under (a)(ii),
(d)(iii), or (e)(iii) of this subsection, or adequate proof under
(a)(iv), (d)(iv), or (e)(iv) of this subsection, the department
shall establish the member’s service credit and shall bill the
employer for its contribution required under RCW 41.45.060,
41.45.061, and 41.45.067 for the period of military service,
plus interest as determined by the department.
(c) The contributions required under (a)(ii), (d)(iii), or
(e)(iii) of this subsection shall be based on the compensation
the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation
reported for the member in the year prior to when the member
went on military leave.
(d) The surviving spouse or eligible child or children of
a member who left the employ of an employer to enter the
uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased
member, apply for retirement system service credit under this
subsection up to the date of the member’s death in the uniformed services. The department shall establish the deceased
member’s service credit if the surviving spouse or eligible
child or children:
(i) Provides to the director proof of the member’s death
while serving in the uniformed services;
(ii) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death; and
(2010 Ed.)
Washington Public Employees’ Retirement System
(iii) Pays the employee contributions required under
chapter 41.45 RCW within five years of the date of death or
prior to the distribution of any benefit, whichever comes first;
or
(iv) Prior to the distribution of any benefit, provides to
the director proof that the member’s interruptive military service was during a period of war as defined in RCW
41.04.005. If the deceased member made payments for service credit for interruptive military service during a period of
war as defined in RCW 41.04.005, the surviving spouse or
eligible child or children may, prior to the distribution of any
benefit and on a form provided by the department, request a
refund of the funds standing to the deceased member’s credit
for up to five years of such service, and this amount shall be
paid to the surviving spouse or eligible child or children.
Members with one or more periods of interruptive military
service during a period of war may receive no more than five
years of free retirement system service credit under this subsection.
(e) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(i) The member obtains a determination from the director
that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving
in the uniformed services;
(ii) The member provides to the director proof of honorable discharge from the uniformed services; and
(iii) The member pays the employee contributions
required under chapter 41.45 RCW within five years of the
director’s determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection. [2009
c 205 § 1; 2005 c 64 § 2; 2000 c 247 § 1106; 1996 c 61 § 4;
1994 c 197 § 28; 1993 c 95 § 2; 1992 c 119 § 3; 1991 c 35 §
100; 1977 ex.s. c 295 § 12.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.40.720 Vested membership. A member who separates or has separated after having completed at least five
years of service may remain a member during the period of
such member’s absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of RCW 41.40.630 if such member maintains the
41.40.720
(2010 Ed.)
41.40.748
member’s accumulated contributions intact. [1977 ex.s. c
295 § 13.]
Additional notes found at www.leg.wa.gov
41.40.730 Refund of contributions. A member who
ceases to be an employee of an employer except by service or
disability retirement may request a refund of the member’s
accumulated contributions. The refund shall be made within
ninety days following the receipt of the request and notification of termination through the contribution reporting system
by the employer; except that in the case of death, an initial
payment shall be made within thirty days of receipt of request
for such payment and notification of termination through the
contribution reporting system by the employer. A member
who files a request for refund and subsequently enters into
employment with another employer prior to the refund being
made shall not be eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits
under RCW 41.40.610 through 41.40.740. [1982 1st ex.s. c
52 § 23; 1977 ex.s. c 295 § 14.]
41.40.730
Additional notes found at www.leg.wa.gov
41.40.740 Reentry. (1) A member, who had left service
and withdrawn the member’s accumulated contributions,
shall receive service credit for such prior service if the member restores all withdrawn accumulated contributions
together with interest since the time of withdrawal as determined by the department.
The restoration of such funds must be completed within
five years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1994 c
197 § 29; 1977 ex.s. c 295 § 15.]
41.40.740
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Additional notes found at www.leg.wa.gov
41.40.748 Commercial vehicle enforcement officers—Limited optional transfer to Washington state
patrol retirement system. (1) Active members of the Washington state patrol retirement system who have previously
established service credit in the public employees’ retirement
system plan 2 while employed in the state patrol as a commercial vehicle enforcement officer, and who became a commissioned officer after July 1, 2000, and prior to June 30,
2001, have the following options:
(a) Remain a member of the public employees’ retirement system; or
(b) Transfer service credit earned under the retirement
system as a commercial vehicle enforcement officer to the
Washington state patrol retirement system by making an irrevocable choice filed in writing with the department of retirement systems within one year of the department’s announcement of the ability to make such a transfer.
(2)(a) Any commissioned officer choosing to transfer
under this section shall have transferred from the retirement
system to the Washington state patrol retirement system:
41.40.748
[Title 41 RCW—page 267]
41.40.750
Title 41 RCW: Public Employment, Civil Service, and Pensions
(i) All the employee’s applicable accumulated contributions plus interest, and an equal amount of employer contributions attributed to such employee; and
(ii) All applicable months of service as a commercial
vehicle enforcement officer credited to the employee under
this chapter as though that service was rendered as a member
of the Washington state patrol retirement system.
(b) For the applicable period of service, the employee
shall pay:
(i) The difference between the contributions the
employee paid to the retirement system, and the contributions
which would have been paid by the employee had the
employee been a member of the Washington state patrol
retirement system, plus interest as determined by the director.
This payment shall be made no later than December 31, 2010,
or the date of retirement, whichever comes first;
(ii) The difference between the employer contributions
paid to the public employees’ retirement system, and the
employer contributions which would have been payable to
the Washington state patrol retirement system; and
(iii) An amount sufficient to ensure that the funding status of the Washington state patrol retirement system will not
change due to this transfer.
(c) If the payment required by this subsection is not paid
in full by the deadline, the transferred service credit shall not
be used to determine eligibility for benefits nor to calculate
benefits under the Washington state patrol retirement system.
In such case, the employee’s accumulated contributions plus
interest transferred under this subsection, and any payments
made under this subsection, shall be refunded to the
employee. The employer shall be entitled to a credit for the
employer contributions transferred under this subsection.
(d) An individual who transfers service credit and contributions under this subsection is permanently excluded from
the public employees’ retirement system for all service as a
commercial vehicle enforcement officer. [2003 c 294 § 7;
2002 c 269 § 1.]
41.40.750 Transfer of membership and service
credit—Restoration of contributions and service credit.
(1) Effective September 1, 2000, the membership of all plan
2 members currently employed in eligible positions in a
school district or educational service district and all plan 2
service credit for such members, is transferred to the Washington school employees’ retirement system plan 2. Plan 2
members who have withdrawn their member contributions
for prior plan 2 service may restore contributions and service
credit to the Washington school employees’ retirement system plan 2 as provided under RCW 41.40.740.
(2)(a) The membership and previous service credit of a
plan 2 member not employed in an eligible position on September 1, 2000, will be transferred to the Washington school
employees’ retirement system plan 2 when he or she becomes
employed in an eligible position prior to August 1, 2009.
Plan 2 members not employed in an eligible position on September 1, 2000, who have withdrawn their member contributions for prior plan 2 service may restore contributions and
service credit to the Washington school employees’ retirement system plan 2 as provided under RCW 41.40.740, if
they first establish eligibility in the Washington school
employees’ retirement system plan 2 prior to August 1, 2009.
41.40.750
[Title 41 RCW—page 268]
(b) The membership and previous service credit of a plan
2 member last employed by a school district or educational
service district and retired prior to September 1, 2000, will be
transferred to the Washington school employees’ retirement
system plan 2 if the member opts to reestablish membership
prior to August 1, 2009.
(3) Members who restore contributions and service
credit under subsection (1) or (2) of this section shall have
their contributions and service credit transferred to the Washington school employees’ retirement system.
(4) From September 1, 2009, through November 30,
2009, upon written request to the department, active and
inactive members transferred under subsection (2) of this section who did not establish membership and earn service
credit for employment with a school district or educational
service district prior to the transfer, and who have not transferred to plan 3 of the Washington school employees’ retirement system or plan 3 of the public employees’ retirement
system, may restore their transferred membership and previous service credit to plan 2. All previously transferred contributions and interest, and additional interest as determined by
the department, shall be returned to plan 2. An additional
amount shall be transferred from the Washington school
employees’ retirement system sufficient to offset the liabilities returned to plan 2 under this subsection, as determined by
the state actuary. [2009 c 209 § 1; 2001 2nd sp.s. c 10 § 13;
1998 c 341 § 113.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Additional notes found at www.leg.wa.gov
41.40.760
41.40.760 End of participation in judicial retirement
account plan—Newly elected or appointed judges or justices. (1) Beginning January 1, 2007, any newly elected or
appointed supreme court justice, court of appeals judge, or
superior court judge shall not participate in the judicial retirement account plan under chapter 2.14 RCW and shall be subject to the benefit and contribution provisions under chapter
189, Laws of 2006.
(2) Beginning January 1, 2007, any newly elected or
appointed supreme court justice, court of appeals judge, or
superior court judge, who has not previously established
membership in this system, shall become a member of plan 2
and shall be subject to the benefit and contribution provisions
under chapter 189, Laws of 2006. [2006 c 189 § 2.]
Effective date—2006 c 189: See note following RCW 2.14.115.
41.40.763
41.40.763 End of participation in chapter 41.28
RCW—Newly elected or appointed judges. (1) Beginning
January 1, 2007, any newly elected or appointed district court
judge or municipal court judge, who is not eligible for membership under chapter 41.28 RCW, shall be subject to the
benefit and contribution provisions under chapter 189, Laws
of 2006.
(2) Beginning January 1, 2007, any newly elected or
appointed district court judge, or municipal court judge, who
has not previously established membership in this system,
and who is not eligible for membership under chapter 41.28
RCW, shall become a member of plan 2 and shall be subject
(2010 Ed.)
Washington Public Employees’ Retirement System
41.40.795
to the benefit and contribution provisions under chapter 189,
Laws of 2006. [2006 c 189 § 4.]
"PLAN 3"
Effective date—2006 c 189: See note following RCW 2.14.115.
41.40.780 Provisions applicable to plan 3—Plan 3
elements. (1) RCW 41.40.780 through 41.40.850 and
41.40.930 apply only to plan 3 members.
(2) Plan 3 consists of two separate elements: (a) A
defined benefit portion covered under this subchapter; and
(b) a defined contribution portion covered under chapter
41.34 RCW.
(3) Unless otherwise specified, all references to "plan 3"
in this subchapter refer to the defined benefit portion of plan
3. [2000 c 247 § 301.]
41.40.780
41.40.767
41.40.767 Justices or judges retirement allowance—
In lieu of RCW 41.40.620. (1) In lieu of the retirement
allowance provided under RCW 41.40.620, the retirement
allowance payable for service as a supreme court justice,
court of appeals judge, or superior court judge, for those justices or judges who elected to participate under RCW
41.40.124(1), shall be equal to three and one-half percent of
average final compensation for each year of service earned
after the election. The total retirement benefit accrued or purchased under chapter 189, Laws of 2006 in combination with
benefits accrued during periods served prior to the election
shall not exceed seventy-five percent of average final compensation.
(2) In lieu of the retirement allowance provided under
RCW 41.40.620, the retirement allowance payable for service as a supreme court justice, court of appeals judge, or
superior court judge, for those justices or judges newly
elected or appointed after January 1, 2007, shall be equal to
three and one-half percent of average final compensation for
each year of service after January 1, 2007. The total retirement benefits accrued under chapter 189, Laws of 2006 in
combination with benefits accrued during periods served
prior to January 1, 2007, shall not exceed seventy-five percent of average final compensation. [2006 c 189 § 13.]
Effective date—2006 c 189: See note following RCW 2.14.115.
41.40.785 Membership in plan 2 or plan 3—Irrevocable choice—Default to plan 3. (1) All employees who
first become employed by an employer in an eligible position
on or after March 1, 2002, for state agencies or institutes of
higher education, or September 1, 2002, for other employers,
shall have a period of ninety days to make an irrevocable
choice to become a member of plan 2 or plan 3. At the end of
ninety days, if the member has not made a choice to become
a member of plan 2, he or she becomes a member of plan 3.
(2) For administrative efficiency, until a member elects
to become a member of plan 3, or becomes a member of plan
3 by default pursuant to subsection (1) of this section, the
member shall be reported to the department in plan 2, with
member and employer contributions. Upon becoming a
member of plan 3 by election or by default, all service credit
shall be transferred to the member’s plan 3 defined benefit,
and all employee accumulated contributions shall be transferred to the member’s plan 3 defined contribution account.
[2000 c 247 § 302.]
41.40.785
41.40.770
41.40.770 District or municipal court judges retirement allowance—In lieu of RCW 41.40.620. (1) In lieu of
the retirement allowance provided under RCW 41.40.620,
the retirement allowance payable for service as a district
court judge or municipal court judge for those judges who
elected to participate under RCW 41.40.127(1) shall be equal
to three and one-half percent of the average final compensation for each year of such service earned after the election.
The total retirement benefit accrued or purchased under chapter 189, Laws of 2006 in combination with benefits accrued
during periods served prior to the election shall not exceed
seventy-five percent of average final compensation.
(2) In lieu of the retirement allowance provided under
RCW 41.40.620, the retirement allowance payable for service as a district court judge, or municipal court judge, for
those judges newly elected or appointed after January 1,
2007, and who are not eligible for membership under chapter
41.28 RCW, shall be equal to three and one-half percent of
average final compensation for each year of service after January 1, 2007. The total retirement benefits accrued under
chapter 189, Laws of 2006 in combination with benefits
accrued during periods served prior to January 1, 2007, shall
not exceed seventy-five percent of average final compensation. [2006 c 189 § 14.]
Effective date—2006 c 189: See note following RCW 2.14.115.
(2010 Ed.)
41.40.787 Right to waive benefit—Irrevocable
choice. Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable
choice to waive all rights to a benefit under RCW 41.40.790
by notifying the department in writing of their intention.
[2003 c 349 § 3.]
41.40.787
Effective date—2003 c 349: See note following RCW 41.32.837.
41.40.790 Computation of retirement allowance. (1)
A member of the retirement system shall receive a retirement
allowance equal to one percent of such member’s average
final compensation for each service credit year.
(2) The retirement allowance payable under RCW
41.40.820 to a member who separates after having completed
at least twenty service credit years shall be increased by
twenty-five one-hundredths of one percent, compounded for
each month from the date of separation to the date that the
retirement allowance commences. [2000 c 247 § 303.]
41.40.790
41.40.795 Transfer period and basis—Additional
transfer payment. (1) As used in this section, unless the
context clearly requires otherwise:
(a) "Transfer period" means the time during which a
member of one of the groups of plan 2 members identified in
subsection (2) of this section may choose to irrevocably
transfer from plan 2 to plan 3.
41.40.795
[Title 41 RCW—page 269]
41.40.801
Title 41 RCW: Public Employment, Civil Service, and Pensions
(b) "Transfer basis" means the accumulated contributions present in a member’s savings fund on March 1, 2002,
less fifty percent of any contributions made pursuant to RCW
41.50.165(2), which is the basis for calculation of the plan 2
to plan 3 additional transfer payment.
(c) "Additional transfer payment date" means June 1,
2003, the date of the additional transfer payment made
according to subsection (6) of this section.
(2) Every plan 2 member employed by an employer in an
eligible position has the option during their transfer period to
make an irrevocable transfer to plan 3 according to the following schedule:
(a) For those members employed by state agencies and
institutes of higher education the transfer period means the
period between March 1, 2002, and September 1, 2002.
(b) For those members employed by other organizations
the transfer period means the period between September 1,
2002, and June 1, 2003.
(c) For those members employed by more than one
employer within the retirement system, and whose transfer
period is different between one employer and another, the
member’s transfer period is the last period that is available
from any of that member’s employers within the retirement
system.
(3) All service credit in plan 2 shall be transferred to the
defined benefit portion of plan 3.
(4)(a) Anyone who first became a state or higher education member of plan 2 before March 1, 2002, or a local government member of plan 2 before September 1, 2002, who
wishes to transfer to plan 3 after their transfer period may
transfer during the month of January in any following year,
provided that the member earns service credit for that month.
(b) Anyone who chose to become a state or higher education member of plan 2 on or after March 1, 2002, or a local
government member of plan 2 on or after September 1, 2002,
is prohibited from transferring to plan 3 under (a) of this subsection.
(5) The accumulated contributions in plan 2, less fifty
percent of any contributions made pursuant to RCW
41.50.165(2) shall be transferred to the member’s account in
the defined contribution portion established in chapter 41.34
RCW, pursuant to procedures developed by the department
and subject to RCW 41.34.090. Contributions made pursuant
to RCW 41.50.165(2) that are not transferred to the member’s account shall be transferred to the fund created in RCW
41.50.075(3), except that interest earned on all such contributions shall be transferred to the member’s account.
(6) Those members employed by state agencies and
institutions of higher education who request to transfer under
this section during their transfer period and establish service
credit for June 2002, and those members employed by other
organizations and who establish service credit for either June
2002 or February 2003, shall have their member account:
(a) If a member’s transfer period is that described in subsection (2)(a) of this section, increased by one hundred ten
percent of the transfer basis;
(b) If a member’s transfer period is that described in subsection (2)(b) of this section, increased by one hundred
eleven percent of the transfer basis; and
(c) Deposited into the member’s individual account on
the additional transfer payment date.
[Title 41 RCW—page 270]
(7) If a member who requests to transfer dies before June
1, 2003, the additional payment provided by this section shall
be paid to the member’s estate, or the person or persons, trust,
or organization the member nominated by written designation duly executed and filed with the department.
(8) Anyone previously retired from plan 2 is prohibited
from transferring to plan 3.
(9) The legislature reserves the right to discontinue the
right to transfer under this section and to modify and to discontinue the right to an additional payment under this section
for any plan 2 members who have not previously transferred
to plan 3. [2002 c 159 § 1; 2000 c 247 § 304.]
41.40.801
41.40.801 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.40.820, 41.40.825, or 41.40.835 is eligible to commence
receiving a retirement allowance after having filed written
application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately following such member’s separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.40.820 shall accrue from the first day of
the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member’s separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member’s death. [2003 c 294 § 8; 2000 c 247
§ 305.]
41.40.805 Leaves of absence—Military service. (1) A
member who is on a paid leave of absence authorized by a
member’s employer shall continue to receive service credit.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
earnable compensation reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member’s entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
41.40.805
(2010 Ed.)
Washington Public Employees’ Retirement System
(a) The member makes the contribution on behalf of the
employer, plus interest, as determined by the department; and
(b) The member makes the employee contribution, plus
interest, as determined by the department, to the defined contribution portion.
The contributions required shall be based on the average
of the member’s earnable compensation at both the time the
authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer to
enter the uniformed services of the United States shall be
entitled to retirement system service credit for up to five
years of military service if within ninety days of the member’s honorable discharge from the uniformed services of the
United States, the member applies for reemployment with the
employer who employed the member immediately prior to
the member entering the uniformed services. This subsection
shall be administered in a manner consistent with the requirements of the federal uniformed services employment and
reemployment rights act.
The department shall establish the member’s service
credit and shall bill the employer for its contribution required
under RCW 41.45.060 and 41.45.067 for the period of military service, plus interest as determined by the department.
Service credit under this subsection may be obtained only if
the member makes the employee contribution to the defined
contribution portion as determined by the department, or
prior to retirement, the member provides to the director proof
that the member’s interruptive military service was during a
period of war as defined in RCW 41.04.005. Any member
who made payments for service credit for interruptive military service during a period of war as defined in RCW
41.04.005 may, prior to retirement and on a form provided by
the department, request a refund of the funds standing to his
or her credit for up to five years of such service, and this
amount shall be paid to him or her. Members with one or
more periods of interruptive military service during a period
of war may receive no more than five years of free retirement
system service credit under this subsection.
The contributions required shall be based on the compensation the member would have earned if not on leave, or
if that cannot be estimated with reasonable certainty, the
compensation reported for the member in the year prior to
when the member went on military leave.
(a) The surviving spouse or eligible child or children of a
member who left the employ of an employer to enter the uniformed services of the United States and died while serving
in the uniformed services may, on behalf of the deceased
member, apply for retirement system service credit under this
subsection up to the date of the member’s death in the uniformed services. The department shall establish the deceased
member’s service credit if the surviving spouse or eligible
child or children:
(i) Provides to the director proof of the member’s death
while serving in the uniformed services;
(ii) Provides to the director proof of the member’s honorable service in the uniformed services prior to the date of
death; and
(iii) Pays the employee contributions required under this
subsection within five years of the date of death or prior to the
distribution of any benefit, whichever comes first; or
(2010 Ed.)
41.40.811
(iv) Prior to the distribution of any benefit, provides to
the director proof that the member’s interruptive military service was during a period of war as defined in RCW
41.04.005. If the deceased member made payments for service credit for interruptive military service during a period of
war as defined in RCW 41.04.005, the surviving spouse or
eligible child or children may, prior to the distribution of any
benefit and on a form provided by the department, request a
refund of the funds standing to the deceased member’s credit
for up to five years of such service, and this amount shall be
paid to the surviving spouse or children. Members with one
or more periods of interruptive military service during a
period of war may receive no more than five years of free
retirement system service credit under this subsection.
(b) A member who leaves the employ of an employer to
enter the uniformed services of the United States and
becomes totally incapacitated for continued employment by
an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection
up to the date of discharge from the uniformed services if:
(i) The member obtains a determination from the director
that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving
in the uniformed services;
(ii) The member provides to the director proof of honorable discharge from the uniformed services; and
(iii) The member pays the employee contributions
required under this subsection within five years of the director’s determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(iv) Prior to retirement the member provides to the director proof that the member’s interruptive military service was
during a period of war as defined in RCW 41.04.005. Any
member who made payments for service credit for interruptive military service during a period of war as defined in
RCW 41.04.005 may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and
this amount shall be paid to him or her. Members with one or
more periods of interruptive military service credit during a
period of war may receive no more than five years of free
retirement system service credit under this subsection. [2009
c 205 § 2; 2005 c 64 § 3; 2000 c 247 § 306.]
41.40.811 Purchased service credit—Allocation. (1)
Contributions on behalf of the employer paid by the
employee to purchase plan 3 service credit shall be allocated
to the defined benefit portion of plan 3 and shall not be
refundable when paid to the fund described in RCW
41.50.075(3). Contributions on behalf of the employee shall
be allocated to the member account. If the member fails to
meet the statutory time limitations to purchase plan 3 service
credit, it may be purchased under the provisions of RCW
41.50.165(2). One-half of the purchase payments under
RCW 41.50.165(2), plus interest, shall be allocated to the
member’s account.
(2) No purchased plan 3 membership service may be
credited until all payments required of the member are made,
with interest. Upon receipt of all payments owed by the member, the department shall bill the employer for any contribu41.40.811
[Title 41 RCW—page 271]
41.40.815
Title 41 RCW: Public Employment, Civil Service, and Pensions
tions, plus interest, required to purchase membership service.
[2000 c 247 § 307.]
41.40.815 Lump sum payments—Reentry. (1) The
director may pay a member eligible to receive a retirement
allowance or the member’s beneficiary a lump sum payment
in lieu of a monthly benefit if the initial monthly benefit
would be less than one hundred dollars. The one hundred dollar limit shall be increased annually as determined by the
director. The lump sum payment shall be the actuarial equivalent of the monthly benefit.
(2) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to retiring
again, whichever comes first. In computing the amount due,
the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(3) Any member who receives a settlement under this
section is deemed to be retired from this system. [2000 c 247
§ 308.]
41.40.815
41.40.820 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member who is at least age sixty-five
and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve
service credit months after attaining age forty-four; or
(c) Completed five service credit years by the transfer
payment date specified in RCW 41.40.795, under the public
employees’ retirement system plan 2 and who transferred to
plan 3 under RCW 41.40.795;
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.40.790.
(2) EARLY RETIREMENT. Any member who has
attained at least age fifty-five and has completed at least ten
years of service shall be eligible to retire and to receive a
retirement allowance computed according to the provisions
of RCW 41.40.790, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT.
(a) Any member who has completed at least thirty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed
according to the provisions of RCW 41.40.790, except that a
member retiring pursuant to this subsection shall have the
retirement allowance reduced by three percent per year to
reflect the difference in the number of years between age at
retirement and the attainment of age sixty-five.
(b) On or after July 1, 2008, any member who has completed at least thirty service credit years and has attained age
fifty-five shall be eligible to retire and to receive a retirement
allowance computed according to the provisions of RCW
41.40.790, except that a member retiring pursuant to this sub41.40.820
[Title 41 RCW—page 272]
section shall have the retirement allowance reduced as follows:
Retirement
Age
55
56
57
58
59
60
61
62
63
64
Percent
Reduction
20%
17%
14%
11%
8%
5%
2%
0%
0%
0%
Any member who retires under the provisions of this
subsection is ineligible for the postretirement employment
provisions of RCW 41.40.037(2)(d) until the retired member
has reached sixty-five years of age. For purposes of this subsection, employment with an employer also includes any personal service contract, service by an employer as a temporary
or project employee, or any other similar compensated relationship with any employer included under the provisions of
RCW 41.40.850(1).
The subsidized reductions for alternate early retirement
in this subsection as set forth in section 10, chapter 491, Laws
of 2007 were intended by the legislature as replacement benefits for gain-sharing. Until there is legal certainty with
respect to the repeal of *chapter 41.31A RCW, the right to
retire under this subsection is noncontractual, and the legislature reserves the right to amend or repeal this subsection.
Legal certainty includes, but is not limited to, the expiration
of any: Applicable limitations on actions; and periods of time
for seeking appellate review, up to and including reconsideration by the Washington supreme court and the supreme
court of the United States. Until that time, eligible members
may still retire under this subsection, and upon receipt of the
first installment of a retirement allowance computed under
this subsection, the resulting benefit becomes contractual for
the recipient. If the repeal of *chapter 41.31A RCW is held
to be invalid in a final determination of a court of law, and the
court orders reinstatement of gain-sharing or other alternate
benefits as a remedy, then retirement benefits for any member who has completed at least thirty service credit years and
has attained age fifty-five but has not yet received the first
installment of a retirement allowance under this subsection
shall be computed using the reductions in (a) of this subsection. [2007 c 491 § 10; 2006 c 33 § 3; 2000 c 247 § 309.]
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
Benefits not contractual right until July 1, 2008—2007 c 491: See
note following RCW 41.40.630.
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
(2010 Ed.)
Washington Public Employees’ Retirement System
41.40.823 Member with terminal illness—Removal
from system. (1) Upon application of the member, a member who is diagnosed with a terminal illness shall be removed
from membership in the system subject to the following conditions:
(a) That the medical adviser, after a medical examination
of the member made by or under the direction of the medical
adviser, has certified in writing that the member has a terminal illness with a life expectancy of five or fewer years; and
(b) That the director concurs in the recommendation of
the medical adviser.
(2) Members removed from the system shall not make
contributions toward a defined contribution account as
defined in chapter 41.34 RCW and shall not accumulate additional service credit.
(3) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to this benefit not granted prior to that
amendment or repeal. [2005 c 131 § 1.]
41.40.823
Effective date—2005 c 131: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 21, 2005]." [2005 c 131 § 10.]
41.40.825 Disability allowance—Death of recipient.
(1) A member of the retirement system who becomes totally
incapacitated for continued employment by an employer as
determined by the department shall be eligible to receive an
allowance under the provisions of plan 3. The member shall
receive a monthly disability allowance computed as provided
for in RCW 41.40.790 and shall have this allowance actuarially reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies, any further benefit payments shall be
conditioned by the payment option selected by the retiree as
provided in RCW 41.40.845. [2000 c 247 § 310.]
41.40.825
41.40.830 Restored, purchased service credit under
plan 2—Transfer to plan 3. (1) Any member who elects to
transfer to plan 3 and has eligible unrestored withdrawn contributions in plan 2, may restore such contributions under the
provisions of RCW 41.40.740 with interest as determined by
the department. The restored plan 2 service credit will be
automatically transferred to plan 3. Restoration payments
will be transferred to the member account in plan 3. If the
member fails to meet the time limitations of RCW 41.40.740,
they may restore such contributions under the provisions of
RCW 41.50.165(2). The restored plan 2 service credit will be
automatically transferred to plan 3. One-half of the restoration payments under RCW 41.50.165(2) plus interest shall be
allocated to the member’s account.
(2) Any member who elects to transfer to plan 3 may
purchase plan 2 service credit under RCW 41.40.740. Pur-
41.40.840
chased plan 2 service credit will be automatically transferred
to plan 3. Contributions on behalf of the employer paid by the
employee shall be allocated to the defined benefit portion of
plan 3 and shall not be refundable when paid to the fund
described in RCW 41.50.075(3). Contributions on behalf of
the employee shall be allocated to the member account. If the
member fails to meet the time limitations of RCW 41.40.740,
they may subsequently restore such contributions under the
provisions of RCW 41.50.165(2). Purchased plan 2 service
credit will be automatically transferred to plan 3. One-half of
the payments under RCW 41.50.165(2), plus interest, shall be
allocated to the member’s account. [2000 c 247 § 311.]
41.40.835 Death benefits. (1) If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided in
RCW 41.40.790 actuarially reduced to reflect a joint and one
hundred percent survivor option and, except under subsection
(2) of this section, if the member was not eligible for normal
retirement at the date of death a further reduction as described
in RCW 41.40.820.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member’s death, such member’s
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and
member were equal at the time of the member’s death.
(2) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, or a member who has left the employ of an
employer due to service in the national guard or military
reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in
RCW 41.04.005, is not subject to an actuarial reduction under
RCW 41.40.820. The member’s retirement allowance is
computed under RCW 41.40.790. [2009 c 226 § 13; 2003 c
155 § 8; 2000 c 247 § 312.]
41.40.835
Applicability—2003 c 155: See note following RCW 41.32.520.
41.40.830
(2010 Ed.)
41.40.840 Postretirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
41.40.840
[Title 41 RCW—page 273]
41.40.845
Title 41 RCW: Public Employment, Civil Service, and Pensions
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [2000 c 247 § 313.]
41.40.845 Options for payment of retirement allowances—Court-approved property settlement. (1) Upon
retirement for service as prescribed in RCW 41.40.820 or
retirement for disability under RCW 41.40.825, a member
shall elect to have the retirement allowance paid pursuant to
one of the following options, calculated so as to be actuarially
equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. Upon the death of the member, the member’s
benefits shall cease.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written designation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member’s retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than July 1, 2002, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
41.40.845
[Title 41 RCW—page 274]
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted under this
section and satisfies the conditions of (a)(i) of this subsection
shall have one year to designate their spouse as a survivor
beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.820(1) and the member’s divorcing spouse be divided into two separate benefits
payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.40.820(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) Any benefit distributed under *chapter 41.31A RCW
after the date of the dissolution order creating separate benefits for a member and nonmember ex spouse shall be paid
solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 9; 2002 c 158 § 14; 2000 c 247 § 314.]
(2010 Ed.)
Washington Public Employees’ Retirement System
*Reviser’s note: Chapter 41.31A RCW was repealed by 2007 c 491 §
13, effective January 2, 2008, however, RCW 41.31A.020 was also amended
by 2007 c 491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW
1.12.025(1).
41.40.850
41.40.850 Suspension of retirement allowance upon
reemployment—Exception—Reinstatement. (1) Except
as provided in RCW 41.40.037, no retiree under the provisions of plan 3 shall be eligible to receive such retiree’s
monthly retirement allowance if he or she is employed in an
eligible position as defined in RCW 41.40.010, 41.32.010,
41.35.010, or 41.37.010, or as a law enforcement officer or
firefighter as defined in RCW 41.26.030, except that a retiree
who ends his or her membership in the retirement system pursuant to RCW 41.40.023(3)(b) is not subject to this section if
the retiree’s only employment is as an elective official of a
city or town.
(2) If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree’s benefits
shall be actuarially recomputed pursuant to the rules adopted
by the department.
(3) The department shall adopt rules implementing this
section. [2005 c 327 § 9; 2000 c 247 § 315.]
41.40.870
41.40.870 Discontinuing judicial retirement account
plan contributions—Additional benefit—One-time irrevocable election—Justices and judges. (1) Between January 1, 2007, and December 31, 2007, a member of plan 3
employed as a supreme court justice, court of appeals judge,
or superior court judge may make a one-time irrevocable
election, filed in writing with the member’s employer, the
department, and the administrative office of the courts, to
accrue an additional plan 3 defined benefit equal to six-tenths
percent of average final compensation for each year of future
service credit from the date of the election in lieu of future
employer contributions to the judicial retirement account
plan under chapter 2.14 RCW.
(2) A member who made the election under subsection
(1) of this section may apply, at the time of filing a written
application for retirement with the department, to the department to increase the member’s benefit multiplier by sixtenths percent per year of service for the period in which the
member served as a justice or judge prior to the election. The
member may purchase, beginning with the most recent judicial service, the higher benefit multiplier for that portion of
the member’s prior judicial service for which the higher benefit multiplier was not previously purchased, and that would
ensure that the member has no more than a thirty-seven and
one-half percent of average final compensation benefit. The
member shall pay two and one-half percent of the salary
earned for each month of service for which the higher benefit
multiplier is being purchased, plus five and one-half percent
interest applied from the dates that the service was earned.
The purchase price shall not exceed the actuarially equivalent
value of the increase in the member’s benefit resulting from
the increase in the benefit multiplier. This payment must be
made prior to retirement, subject to rules adopted by the
department.
(2010 Ed.)
41.40.873
(3) From January 1, 2009, through June 30, 2009, the
following members may apply to the department to increase
their benefit multiplier by an additional six-tenths percent per
year of service for the period in which they served as a justice
or judge:
(a) Active members of plan 3 who are not currently
employed as a supreme court justice, court of appeals judge,
or superior court judge, and who have past service as a
supreme court justice, court of appeals judge, or superior
court judge; and
(b) Inactive vested members of plan 3 who have separated, have not yet retired, and who have past service as a
supreme court justice, court of appeals judge, or superior
court judge.
A member eligible under this subsection may purchase
the higher benefit multiplier for all or part of the member’s
prior judicial service beginning with the most recent judicial
service. The member shall pay, for the applicable period of
service, the actuarially equivalent value of the increase in the
member’s benefit resulting from the increase in the benefit
multiplier as determined by the director.
(4) Subject to rules adopted by the department, a member
applying to increase the member’s benefit multiplier under
this section may pay all or part of the cost with a lump sum
payment, eligible rollover, direct rollover, or trustee-totrustee transfer from an eligible retirement plan. The department shall adopt rules to ensure that all lump sum payments,
rollovers, and transfers comply with the requirements of the
internal revenue code and regulations adopted by the internal
revenue service. The rules adopted by the department may
condition the acceptance of a rollover or transfer from
another plan on the receipt of information necessary to enable
the department to determine the eligibility of any transferred
funds for tax-free rollover treatment or other treatment under
federal income tax law.
(5) A member who chooses to make the election under
subsection (1) of this section shall contribute a minimum of
seven and one-half percent of pay to the member’s defined
contribution account. [2008 c 300 § 3; 2007 c 123 § 3; 2006
c 189 § 8.]
Effective date—2006 c 189: See note following RCW 2.14.115.
41.40.873 Additional benefit for district or municipal
court judges—One-time irrevocable election. (1) Between
January 1, 2007, and December 31, 2007, a member of plan 3
employed as a district court judge or municipal court judge
may make a one-time irrevocable election, filed in writing
with the member’s employer and the department, to accrue an
additional plan 3 defined benefit equal to six-tenths percent
of average final compensation for each year of future service
credit from the date of the election.
(2) A member who made the election under subsection
(1) of this section may apply, at the time of filing a written
application for retirement with the department, to the department to increase the member’s benefit multiplier by sixtenths percent per year of service for the period in which the
member served as a judge prior to the election. The member
may purchase, beginning with the most recent judicial service, the higher benefit multiplier for that portion of the
member’s prior judicial service for which the higher benefit
41.40.873
[Title 41 RCW—page 275]
41.40.877
Title 41 RCW: Public Employment, Civil Service, and Pensions
multiplier was not previously purchased, and that would
ensure that the member has no more than a thirty-seven and
one-half percent of average final compensation benefit. The
member shall pay two and one-half percent of the salary
earned for each month of service for which the higher benefit
multiplier is being purchased, plus five and one-half percent
interest applied from the dates that the service was earned.
The purchase price shall not exceed the actuarially equivalent
value of the increase in the member’s benefit resulting from
the increase in the benefit multiplier. This payment must be
made prior to retirement, subject to rules adopted by the
department.
(3) From January 1, 2009, through June 30, 2009, the
following members may apply to the department to increase
their benefit multiplier by an additional six-tenths percent per
year of service for the period in which they served as a justice
or judge:
(a) Active members of plan 3 who are not currently
employed as a district court judge or municipal court judge,
and who have past service as a district court judge or municipal court judge; and
(b) Inactive vested members of plan 3 who have separated, have not yet retired, and who have past service as a district court judge or municipal court judge.
A member eligible under this subsection may purchase
the higher benefit multiplier for all or part of the member’s
prior judicial service beginning with the most recent judicial
service. The member shall pay, for the applicable period of
service, the actuarially equivalent value of the increase in the
member’s benefit resulting from the increase in the benefit
multiplier as determined by the director.
(4) Subject to rules adopted by the department, a member
applying to increase the member’s benefit multiplier under
this section may pay all or part of the cost with a lump sum
payment, eligible rollover, direct rollover, or trustee-totrustee transfer from an eligible retirement plan. The department shall adopt rules to ensure that all lump sum payments,
rollovers, and transfers comply with the requirements of the
internal revenue code and regulations adopted by the internal
revenue service. The rules adopted by the department may
condition the acceptance of a rollover or transfer from
another plan on the receipt of information necessary to enable
the department to determine the eligibility of any transferred
funds for tax-free rollover treatment or other treatment under
federal income tax law.
(5) A member who chooses to make the election under
subsection (1) of this section shall contribute a minimum of
seven and one-half percent of pay to the member’s defined
contribution account. [2008 c 300 § 4; 2007 c 123 § 4; 2006
c 189 § 9.]
Effective date—2006 c 189: See note following RCW 2.14.115.
41.40.877 Justices or judges retirement allowance—
In lieu of RCW 41.40.790. In lieu of the retirement allowance provided under RCW 41.40.790, the retirement allowance payable for service as a supreme court justice, court of
appeals judge, or superior court judge, for those justices or
judges who elected to participate under RCW 41.40.870(1),
shall be equal to one and six-tenths percent of average final
compensation for each year of service earned after the elec-
tion. The total retirement benefit accrued or purchased under
chapter 189, Laws of 2006 in combination with benefits
accrued during periods served prior to the election shall not
exceed thirty-seven and one-half percent of average final
compensation. [2006 c 189 § 15.]
Effective date—2006 c 189: See note following RCW 2.14.115.
41.40.880 District or municipal court judges retirement allowance—In lieu of RCW 41.40.790. In lieu of the
retirement allowance provided under RCW 41.40.790, the
retirement allowance payable for service as a district court
judge or municipal court judge, for those judges who elected
to participate under RCW 41.40.873(1), shall be equal to one
and six-tenths percent of average final compensation for each
year of service earned after the election. The total retirement
benefit accrued or purchased under chapter 189, Laws of
2006 in combination with benefits accrued during periods
served prior to the election shall not exceed thirty-seven and
one-half percent of average final compensation. [2006 c 189
§ 16.]
41.40.880
Effective date—2006 c 189: See note following RCW 2.14.115.
41.40.900 Severability—1977 ex.s. c 295. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 295 § 24.]
41.40.900
41.40.920 Effective date—1977 ex.s. c 295. This 1977
amendatory act is necessary for the immediate preservation
of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect October 1, 1977. [1977 ex.s. c 295 § 25.]
41.40.920
41.40.930 Benefits not contractual right until March
1, 2002. The benefits provided pursuant to chapter 247,
Laws of 2000 are not provided to employees as a matter of
contractual right prior to March 1, 2002. The legislature
retains the right to alter or abolish these benefits at any time
prior to March 1, 2002. [2000 c 247 § 316.]
41.40.930
41.40.931 Effective dates—2000 c 247. (1) Except for
sections 408 and 901 through 906 of this act, this act takes
effect March 1, 2002.
(2) Section 408 of this act takes effect January 1, 2004.
(3) Sections 901 through 906 of this act take effect September 1, 2000. [2000 c 247 § 1201.]
41.40.931
41.40.932 Subchapter headings not law—2000 c 247.
Subchapter headings in this act are not any part of the law.
[2000 c 247 § 1202.]
41.40.932
41.40.877
[Title 41 RCW—page 276]
Chapter 41.41
Chapter 41.41 RCW
STATE EMPLOYEES’ RETIREMENT—
FEDERAL SOCIAL SECURITY
Sections
41.41.010
41.41.020
Plan for covering members under OASI approved.
Terms and provisions of plan.
(2010 Ed.)
State Employees’ Retirement—Federal Social Security
41.41.030
41.41.900
Effective date for coverage of members.
Severability—1957 c 222.
41.41.010 Plan for covering members under OASI
approved. The plan for covering the state employee members of the state employees’ retirement system under the old
age and survivorship provisions of Title II of the federal
social security act as amended, required by RCW 41.48.050
as amended by section 5, chapter 4, Laws of the extraordinary
session of 1955, approved by the state employees’ retirement
board of the state employees’ retirement system on the 1st
day of August, 1955, and approved by the governor of the
state of Washington on the 16th day of August, 1955, is
hereby approved. [1957 c 222 § 1.]
41.41.010
41.41.020 Terms and provisions of plan. The terms
and provisions of the plan are as follows:
(1) Each political subdivision of the state employing
members of the state employees’ retirement system, and such
employees, after approval of this plan by its governing body
as provided in RCW 41.48.030(4)(f) and after approval by its
eligible employees through referendum as provided in RCW
41.48.030 (3) and (4), and the state itself as such a subdivision, and its employees, after approval of this plan by the legislature as provided in RCW 41.48.050(d) and RCW
41.48.030(4)(f) and after approval by its eligible employees
through referendum as provided in RCW 41.48.030 (3) and
(4), shall be deemed to have accepted and agreed to be bound
by the following terms and conditions in consideration of
extension of the existing agreement between the secretary of
health, education and welfare and the governor to make the
protection of the federal old age and survivors insurance program available and applicable to such employees.
(2) As used in this plan the terms quoted below shall
have the meanings assigned thereto in this subsection.
"Political subdivision" means any political subdivision,
or instrumentality of one or more such subdivisions, or proprietary enterprise acquired, purchased or originated by one
or more such subdivisions after December, 1950, which
employs members of the state employees’ retirement system.
The state, its agencies, instrumentalities and institutions of
higher learning shall be grouped and considered as a single
political subdivision.
"Employee" means any person who is a member of the
state employees’ retirement system and is employed by a
political subdivision, except persons serving in policeman’s
or fireman’s positions and officials compensated on a fee
basis.
"Wages" shall have the meaning given in RCW
41.48.020(1) and section 209 of the social security act (42
U.S.C.A. Sec. 409); and refers to the first four thousand two
hundred dollars paid to any employee in any calendar year.
"State", where not otherwise clearly indicated by the
context, means the commissioner of employment security or
other officer designated by the governor to administer the
plan at the state level for all participating political subdivisions.
(3) The terms and conditions of this plan are intended
and shall be construed to be in conformity with the requirements of the federal social security act as amended and with
the requirements of chapter 41.48 RCW, and particularly
41.41.020
(2010 Ed.)
41.41.020
RCW 41.48.050, as amended by chapter 4, Laws of the
extraordinary session of 1955.
(4) The rights and benefits accruing to employees from
membership in the state employees’ retirement system shall
in no way be altered or impaired by this plan or by the additional and supplementary OASI coverage which such
employees may receive hereunder. Nothing herein shall be
construed to alter in any way the obligations of any political
subdivision or its employees to the retirement system.
(5) There shall be no additional cost to or involvement of
the state with respect to OASI coverage for state employee
members of the state employees’ retirement system until this
plan has been approved by the legislature.
(6) OASI coverage shall be applicable to all services performed by its employees for a political subdivision which has
approved this plan.
(7) Each employee to whom OASI coverage is made
applicable under this plan pursuant to an extension or modification under RCW 41.48.030 of the existing agreement
between the secretary of health, education and welfare and
the governor shall be required to pay into the *OASI contribution fund established by RCW 41.48.060 during the period
of such coverage contributions with respect to his wages in an
amount equal to the employee tax imposed by the federal
insurance contributions act (section 3101, Internal Revenue
Code of 1954), in consideration of the employee’s retention
in service by the political subdivision. The subdivision shall
withhold such contributions from the wages paid to the
employee; and shall remit the contributions so withheld in
each calendar quarter to the state for deposit in the *contribution fund not later than the twentieth calendar day of the
month following that quarter.
(8) Each political subdivision shall pay into the *contribution fund with respect to the wages of its employees during
the period of their OASI coverage pursuant to this plan contributions in an amount equal to the employer tax imposed by
the federal insurance contributions act (section 3111, Internal
Revenue Code of 1954), from the fund of the subdivision
from which such employees’ wages are paid. The subdivision
shall remit such contributions to the state for deposit in the
*contribution fund on a quarterly basis, not later than the
twentieth calendar day of the month following each calendar
quarter.
(9) If any political subdivision other than that comprising
the state, its agencies, instrumentalities and institutions of
higher learning fails to remit as provided herein employer
contributions or employee contributions, or any part of either,
such delinquent contributions may be recovered with interest
at the rate of six percent per annum by action in a court of
competent jurisdiction against the political subdivision; or
such delinquent contributions may at the request of the governor be deducted from any moneys payable to such subdivision by the state.
(10) Each political subdivision shall be charged with a
share of the cost of administration of this plan by the state, to
be computed as that proportion of the overall cost of administration which its total annual contributions bear to the total
annual contributions paid by all subdivisions on behalf of
employees covered by the plan. The state shall compute the
share of cost allocable to each subdivision and bill the subdivision therefor at the end of each fiscal year. The subdivision
[Title 41 RCW—page 277]
41.41.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
shall within ninety days thereafter remit its share of the cost
to the state for deposit in the general fund of the state.
(11) Each political subdivision shall submit to the state,
through the employment security department, P.O. Box 367,
Olympia, Washington, or such other officer or agency as the
governor may subsequently designate, on forms furnished by
the state, not later than the twentieth calendar day of the
month following the end of each calendar quarter, the following information:
A. The social security account number of each
employee;
B. the name of each employee;
C. the amount of wages subject to contributions as
required hereunder paid to each employee during the quarter;
D. the total amount of wages subject to contributions
paid to all employees during the quarter;
E. the total amount of employee contributions withheld
and remitted for the quarter; and
F. the total amount of employer contributions paid by the
subdivision for the quarter.
(12) Each political subdivision shall furnish in the same
manner as provided in subsection (11), upon reasonable
notice, such other and further reports or information as the
governor may from time to time require. Each subdivision
shall comply with such requirements as the secretary of
health, education and welfare or the governor may from time
to time establish with respect to any or all of the reports or
information which are or may be provided for under subsection (11) or this subsection in order to assure the correctness
and verification thereof.
(13) The governing body of each political subdivision
shall designate an officer of the subdivision to administer
such accounting, reporting and other functions as will be
required for the effective operation of this plan within the
subdivision, as provided herein. The commissioner of
employment security, or such other officer as the governor
may designate, shall perform or supervise those functions
with respect to employees of the subdivision comprising the
state, its agencies, instrumentalities and institutions of higher
learning; and shall serve as the representative of the participating political subdivisions in the administration of this plan
with the secretary of health, education and welfare.
(14) OASI coverage may be made applicable as provided
herein to employees of any political subdivision regardless of
the approval or disapproval of this plan by any other subdivision.
(15) Each political subdivision, with the approval of a
majority of its employees as indicated by vote thereon in conjunction with the referendum to be held pursuant to RCW
41.48.030 (3) and (4), may designate the first day of any
month beginning with January of 1955 as the effective date of
OASI coverage for such employees; except that after January
1, 1958, a subdivision may not so designate an effective date
prior to the first day of the current calendar year.
(16) The governor may terminate the operation of this
plan in its entirety with respect to any political subdivision, in
his discretion, if he finds that the subdivision has failed to
comply substantially with any requirement or provision of
this plan. The plan shall not be so terminated until reasonable
notice and opportunity for hearing thereon have been given to
the subdivision under such conditions, consistent with the
[Title 41 RCW—page 278]
provisions of the social security act, as shall have been established in regulations by the governor. [1957 c 222 § 2.]
*Reviser’s note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
41.41.030 Effective date for coverage of members.
The effective date of OASI coverage for state employee
members of the state employees’ retirement system shall be
the 1st day of July, 1957; provided the terms and conditions
set forth in RCW 41.48.030(3) have been fulfilled. [1957 c
222 § 3.]
41.41.030
41.41.900 Severability—1957 c 222. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1957 c 222 § 4.]
41.41.900
Chapter 41.44 RCW
STATEWIDE CITY EMPLOYEES’ RETIREMENT
Chapter 41.44
Sections
41.44.010
41.44.020
41.44.030
41.44.040
41.44.050
41.44.060
41.44.070
41.44.080
41.44.090
41.44.100
41.44.105
41.44.110
41.44.120
41.44.130
41.44.140
41.44.150
41.44.160
41.44.170
41.44.180
41.44.190
41.44.200
41.44.210
41.44.220
41.44.230
41.44.240
41.44.250
41.44.260
41.44.270
41.44.300
41.44.900
Title of chapter.
Purpose of chapter.
Terms defined.
System created—Operative date.
Election to participate.
Persons excluded.
Board of trustees.
Powers and duties of board—Compensation—Liability.
Contributions by cities—Withdrawal from system.
Retirement fund—Deposit—Investment—Cost.
Supplemental benefits fund.
Membership.
Prior service credit.
Contributions by employees.
Retirement for service.
Allowance on retirement for service.
Retirement for disability.
Allowance on retirement for disability.
Examination of disability beneficiary—Reentry.
Withdrawal from system—Reentry—Payment on death of
member.
Withdrawal—Procedure as to city’s contribution.
Benefit on death in line of duty.
Optional allowance on retirement.
Monthly payments.
Rights immune from legal process—Exceptions.
Suspension of retirement allowance.
Merger of existing or new systems into statewide system—
Contract.
Agreements between board and cities which accept social
security act benefits.
System abolished—Date—Transfer of assets, liabilities and
responsibilities.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Portability of public retirement benefits: Chapter 41.54 RCW.
41.44.010 Title of chapter. This chapter shall be
known and may be cited as the "Statewide City Employees’
Retirement System Law". [1947 c 71 § 1; Rem. Supp. 1947
§ 9592-130.]
41.44.010
Additional notes found at www.leg.wa.gov
41.44.020 Purpose of chapter. The purpose of this
chapter is to provide for an actuarially sound system for the
payment of annuities and other benefits to officers and
employees and to beneficiaries of officers and employees of
41.44.020
(2010 Ed.)
Statewide City Employees’ Retirement
cities and towns thereby enabling such employees to provide
for themselves and their dependents in case of old age, disability and death, and effecting economy and efficiency in the
public service by furnishing an orderly means whereby such
employees who have become aged or otherwise incapacitated
may, without hardship or prejudice, be retired from active
service. [1947 c 71 § 2; Rem. Supp. 1947 § 9592-131.]
41.44.030 Terms defined. As used in this chapter,
unless a different meaning is plainly required by the context:
(1) "Retirement system" means the statewide city
employees retirement system provided for herein.
(2) "City" or "cities" includes town or towns.
(3) "Employee" means any appointive officer or
employee and shall include elective officials to the extent
specified herein.
(4) "Member" means any person included in the membership of the retirement system as provided herein.
(5) "Board" means the "board of trustees" provided for
herein.
(6) "Retirement fund" means "statewide city employees
retirement fund" provided for herein.
(7) "Service" means service rendered to a city for compensation; and for the purpose of this chapter a member shall
be considered as being in service only while he is receiving
compensation from the city for such service or is on leave
granted for service in the armed forces of the United States as
contemplated in RCW 41.44.120.
(8) "Prior service" means the service of a member for
compensation rendered a city prior to the effective date and
shall include service in the armed forces of the United States
to the extent specified herein and service specified in RCW
41.44.120(5).
(9) "Current service" means service after the employee
has become a member of the system.
(10) "Creditable service" means such service as is evidenced by the record of normal contributions, plus prior service as evidenced by prior service certificate.
(11) "Beneficiary" means any person in receipt of a pension, annuity, retirement allowance, disability allowance, or
any other benefit herein.
(12) "Compensation" means the compensation payable
in cash, plus the monetary value, as determined by the board
of trustees, of any allowance in lieu thereof (but for the purposes of this chapter such "compensation" shall not exceed
three hundred dollars per month, except as to those employees of any member city the legislative body of which shall not
later than July 1, 1953, have irrevocably elected by resolution
or ordinance to increase the limitation herein contained,
effective as to all of its employees, from three hundred dollars to four hundred dollars, commencing on said date, or
which shall so elect prior to January 1st of any succeeding
year, effective as of January 1st of any such succeeding year,
and as to such employees shall, commencing on the specified
date, not exceed four hundred dollars or an amount equal to
such increased limitation established by such ordinance or
resolution per month): PROVIDED HOWEVER, That the
foregoing limitation shall not apply to uniformed personnel.
(13) "Compensation earnable" means the full rate of
compensation that would be payable to an employee if he
worked the full normal working time (but for the purposes of
41.44.030
(2010 Ed.)
41.44.030
this chapter, such "compensation earnable" shall not exceed
three hundred dollars per month, except as to those employees of any member city the legislative body of which shall not
later than July 1, 1953, have irrevocably elected by resolution
or ordinance to increase the limitation herein contained,
effective as to all of its employees, from three hundred dollars to four hundred dollars, commencing on said date, or
which shall so elect prior to January 1st of any succeeding
year, effective as of January 1st of any such succeeding year,
and as to such employees shall, commencing on the specified
date, not exceed four hundred dollars or an amount equal to
such increased limitation established by such ordinance or
resolution per month): PROVIDED, HOWEVER, That the
foregoing limitation shall not apply to uniformed personnel:
PROVIDED FURTHER, That after January 1, 1968 this term
shall mean the full rate of compensation payable to an
employee if he worked the full normal working time.
(14) "Final compensation" means the highest average
annual compensation earnable in any five consecutive years
of actual service rendered during the ten years immediately
preceding retirement, or where the employee has less than
five consecutive years of actual service, the earnable compensation for the last five years preceding his retirement.
(15) "Matching contribution" means the contribution of
the city deposited in an amount equal to the normal contributions of the employee.
(16) "Normal contributions" means the contributions at
the rate provided for in RCW 41.44.130, excluding those
referred to in subsection (6).
(17) "Released matching contributions" means such
"matching contributions" as are no longer held for the benefit
of the employee.
(18) "Regular interest" means interest compounded
annually at such rate as shall have been adopted by the board
of trustees in accordance with the provisions of this chapter.
(19) "Accumulated normal contributions" means the
sum of all normal contributions, deducted from the compensation of a member, standing to the credit of his individual
account, together with regular interest thereon.
(20) "Pension" means payments derived from contributions made by the city as provided herein.
(21) "Annuity" means payments derived from contributions made by a member as provided herein.
(22) "Retirement allowance" means the pension plus
annuity.
(23) "Fiscal year" means any year commencing with January 1st and ending with December 31st next following.
(24) "Miscellaneous personnel" means officers and
employees other than those in the uniformed police or fire
service: PROVIDED, Those members of the fire department
who are ineligible to the benefits of a firemen’s pension system established by or pursuant to any other state law, are also
included in the miscellaneous personnel.
(25) "Uniformed personnel" means any employee who is
a policeman in service or who is subject to call to active service or duty as such.
(26) "Effective date" when used with regard to employees means the date on which any individual or group of
employees became members of any retirement system and
when used with regard to any city or town shall mean the date
on which it became a participant.
[Title 41 RCW—page 279]
41.44.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
(27) "Actuarial equivalent" means a benefit of equal
value when computed at regular interest upon the basis of
such mortality tables as shall be adopted by the board of trustees.
(28) "Persons having an insurable interest in his life"
means and includes only such persons who, because of relationship from ties of blood or marriage, have reason to expect
some benefit from the continuation of the life of the member.
(29) "Additional contributions" means contributions
made pursuant to subsection (6) of RCW 41.44.130.
(30) "Accumulated additional contributions" means the
sum of all "additional contributions" made by a member
standing to the credit of the individual account, together with
regular interest thereon.
(31) "Part time employees" means those employees who,
although regularly and continuously employed, do not regularly perform their duties the full number of hours required of
other regular employees, including but not confined to such
employees as police judges, city attorneys and other officers
and employees who are also engaged in outside employment
or occupations.
(32) "Excess interest income" means that interest income
earned and received from investments in excess of the interest income on investments required to meet actuarial funding
requirements. [1967 ex.s. c 28 § 6; 1961 c 227 § 1; 1959 c 70
§ 1; 1953 c 228 § 1; 1951 c 275 § 2; 1947 c 71 § 3; Rem.
Supp. 1947 § 9592-132.]
Purpose—1967 ex.s. c 28: "It is the purpose of this act to provide
amendments to existing legislation relating to the statewide city employees
retirement system to provide for an increase of investment earnings to be
used for costs in purchasing, safekeeping, servicing and handling of securities, to amend the mandatory retirement age of uniformed personnel from
attained age fifty-five to the minimum age for social security benefits, to
change the time required for vested rights from ten years to five years in
accordance with the recommendation of the federal committee on intergovernmental relations and to help meet competition with private industry by
providing additional fringe benefits or an incentive program for city employees to attract and retain competent employees in public service." [1967 ex.s.
c 28 § 1.]
Additional notes found at www.leg.wa.gov
41.44.040 System created—Operative date. A retirement system is hereby authorized for employees of cities,
same to become operative after the requisite city or cities or
combination thereof, have signified their intention to participate in the retirement system and the board has been
appointed and qualified as herein provided. The board may
begin to function, establish an office, employ an actuary and
such other personnel as necessary and undertake the work of
establishing the retirement system but it shall not be required
to undertake such work unless necessary moneys are made
available through negotiated loans or advances from cities or
otherwise.
Whenever cities have notified the governor of election to
join the retirement system to an extent which would place
three hundred or more employees under the system, the governor shall appoint board members as provided herein and the
system so created and established shall be forthwith constituted. The date when the system shall become operative as to
any city shall be fixed by the board. [1947 c 71 § 4; Rem.
Supp. 1947 § 9592-133.]
41.44.040
Reviser’s note: Caption for 1947 c 71 § 4 reads as follows: "Sec. 4.
AUTHORIZATION AND CREATION."
[Title 41 RCW—page 280]
41.44.050 Election to participate. Any city or town
may elect to participate in the retirement system established
by this chapter: PROVIDED, That a first-class city may
establish or maintain any other retirement system authorized
by any other law or its charter. The manner of election to participate in a retirement system under this chapter shall be as
follows:
(1) The legislative body therein by ordinance making
such election;
(2) Approval by vote of the people of an ordinance initiated by the voters making such election;
(3) Approval by vote of the people of an ordinance making such election referended to the people by the legislative
body.
Any ordinance providing for participation therein may
on petition of the voters be referended to the voters for
approval or disapproval.
The referendum or initiative herein provided for shall be
exercised under the law relating to legislative initiative or referendum of the particular city or town; and if the city or town
be one for which the law does not now provide such initiative
or referendum, it shall be exercised in the manner provided
for legislative initiative and referendum of cities having a
commission form of government under chapter 35.17 RCW,
the city or town council performing the duties and functions
under that law devolving on the commission. A majority vote
in the legislative body or by the electorate shall be sufficient
to carry or reject. Whenever any city or town has elected to
join the retirement system proper authorities in such city [or
town] shall immediately file with the board an application for
participation under the conditions included in this chapter on
a form approved by the board. In such application the city or
town shall agree to make the contributions required of participating cities [or towns] in the manner prescribed herein and
shall state which employee group or groups are to originally
have membership in the system.
In the case of a state association of cities and towns, election to participate shall be by majority vote of the board of
directors of the association. [1994 c 81 § 76; 1971 ex.s. c 271
§ 13; 1947 c 71 § 5; Rem. Supp. 1947 § 9592-134.]
41.44.050
Additional notes found at www.leg.wa.gov
41.44.060 Persons excluded. Police officers in firstclass cities and all city firefighters shall be excluded from the
provisions of this chapter, except those employees of the fire
department who are not eligible to the benefits of any firefighters’ pension system established by or pursuant to state
law, and who shall be included in the miscellaneous personnel. [2007 c 218 § 71; 1951 c 275 § 3; 1947 c 71 § 6; Rem.
Supp. 1947 § 9592-135.]
41.44.060
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Firefighters’ relief and pensions: Chapters 41.16, 41.18 RCW.
Police relief and pensions in first-class cities: Chapter 41.20 RCW.
Volunteer firefighters’ relief and pensions: Chapter 41.24 RCW.
41.44.070 Board of trustees. (1) The board of trustees
shall consist of seven members, one of whom shall be the
state insurance commissioner, ex officio; three elective city
officials eligible to the benefits of the system who shall be
appointed by the governor from a list of six city officials sub41.44.070
(2010 Ed.)
Statewide City Employees’ Retirement
mitted by the executive committee of the association of
Washington cities as the official representative of cities and
towns in the state. Original terms of office of the appointees
shall be one, two and three years as designated by the governor; thereafter terms shall be for three years duration.
Appointments to fill vacancies other than those caused by
expiration of a term, shall be for the unexpired term. Appointees shall serve until successors have been appointed and
qualified.
In addition to these four members, there shall be three
city employees who shall be elected by a secret ballot vote of
the city employees who are members of the system. The
method and details of such election shall be determined by
the board of trustees. The first such election shall be held in
June of 1968. The original terms of office for the elected city
employee members shall be one, two and three years as designated by the board of trustees, and such terms shall begin
July 1, 1968; thereafter terms shall be for three years’ duration. In the case of vacancies of elected city employee positions the board of trustees shall appoint city employees to
serve for the unexpired terms. Such appointees shall serve
until successors have been elected.
(2) The board shall annually, dating from the first officially recorded meeting, elect a chairman and secretary. Four
members shall constitute a quorum.
(3) Each member of the board shall take an oath of office
that he will diligently and honestly administer the affairs of
the board, and that he will not knowingly violate or wilfully
permit to be violated any of the provisions of this chapter.
[1967 ex.s. c 28 § 7; 1947 c 71 § 7; Rem. Supp. 1947 §
9592-136.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.080 Powers and duties of board—Compensation—Liability. The administration of the system is hereby
vested in the board of trustees created in RCW 41.44.070 of
this chapter and the board shall:
(1) Keep in convenient form such data as shall be
deemed necessary for actuarial valuation purposes;
(2) From time to time, through its actuary, make an actuarial investigation into the mortality and service experience
of the beneficiaries under this chapter and the various
accounts created for the purpose of showing the financial status of the retirement fund;
(3) Adopt for the retirement system the mortality tables
and such other tables as shall be deemed necessary;
(4) Certify annually the amount of appropriation which
each city shall pay into the retirement fund in the next fiscal
year, at such a time that the local authorities shall have ample
opportunity for including such expense in the budget;
(5) Keep a record of all its proceedings, which shall be
open to inspection by the public;
(6) From time to time adopt such rules and regulations
not inconsistent with this chapter, for the administration of
the provisions of this chapter, for the administration of the
fund created by this chapter and the several accounts thereof,
and for the transaction of the business of the board;
(7) Provide for investment, reinvestment, deposit and
withdrawal of funds;
41.44.080
(2010 Ed.)
41.44.090
(8) Prepare and publish annually a financial statement
showing the condition of the fund and the various accounts
thereof, and setting forth such other facts, recommendations
and data as may be of use in the advancement of knowledge
concerning the statewide city employees retirement system,
and furnish a copy thereof to each city which has joined the
retirement system, and to such members as may request copies thereof;
(9) Serve without compensation but shall be reimbursed
for expense incident to service as individual members
thereof;
(10) Determine equitable amount of administrative
expense and death-in-line-of-duty benefit expense to be
borne by each city;
(11) Make available to any city considering participation
in the system, the services of the actuary employed by the
board for the purpose of ascertaining the probable cost of
such participation. The cost of any such calculation or valuation shall be paid by the city requesting same to the retirement system;
(12) Perform such other functions as are required for the
execution of the provisions of this chapter;
(13) No member of the board shall be liable for the negligence, default or failure of any employee or of any other
member of the board to perform the duties of his office and
no member of the board shall be considered or held to be an
insurer of the funds or assets of the retirement system but
shall be liable only for his own personal default or individual
failure to perform his duties as such member and to exercise
reasonable diligence to provide for the safeguarding of the
funds and assets of the system.
(14) Fix the amount of interest to be credited at a rate
which shall be based upon the net annual earnings of the fund
for the preceding twelve-month period and from time to time
make any necessary changes in such rate.
(15) Distribute excess interest income to retired members on a cost of living index basis, as published by the
United States department of health, education and welfare,
applied only to the annuity and current service portion of the
retired members’ retirement allowance: PROVIDED, That
such distribution shall not exceed the income earned and
received on open end investments. [1961 c 227 § 2; 1951 c
275 § 4; 1949 c 171 § 1; 1947 c 71 § 8; Rem. Supp. 1949 §
9592-137.]
41.44.090 Contributions by cities—Withdrawal from
system. (1) There shall be paid into the retirement fund by
contributions of each city the amounts necessary to pay the
following:
(a) Contributions equal to those deposited by employees;
(b) Prior service credits at such rate as may be selected;
(c) That part of a retirement allowance necessary to raise
it to a specified minimum;
(d) An equitable share of the administrative costs, all of
which costs are to be paid by the cities;
(e) An equitable share of the cost of the death-in-theline-of-duty benefit, all of which costs are to be paid by the
cities.
Any city having in its employ ten or more employees
who are members of the system may elect to contribute, in
lieu of its contributions set forth in item (a) above, an amount
41.44.090
[Title 41 RCW—page 281]
41.44.100
Title 41 RCW: Public Employment, Civil Service, and Pensions
estimated actuarially necessary to match at retirement the
accumulated normal contributions of those of its members
who will ultimately retire for service or disability; provided
that such election shall be made by resolution or ordinance of
the legislative body of such city and, in order to become
effective for the remainder of the year 1953, shall be made on
or before July 1, 1953, and thereafter any election so made
shall be made prior to January 1, 1954, to become then effective or prior to January 1st of any succeeding year to become
effective on January 1st of such succeeding year.
Any city may, with the approval of the board, further
elect to contribute in lieu of its contributions set forth in items
(b) and (c) above, an amount estimated actuarially, necessary
to amortize over a period of not to exceed thirty years, all liabilities on account of the participation of such a city, which
are not covered by the contributions of its employees, its
funds on hand and its contributions provided for in item (a)
above or the contributions elected to be made in lieu thereof
in cases where such city shall have elected to make said contribution in lieu of the contributions required in said item (a);
provided that such election shall be made by resolution or
ordinance of the legislative body of such city and, in order to
become effective for the remainder of the year 1953, shall be
made on or before July 1, 1953, and thereafter any election so
made shall be made prior to January 1, 1954, to become then
effective or prior to January 1st of any succeeding year to
become effective on January 1st of such succeeding year.
In the event that any city shall be making either of the
lieu contributions as hereinabove set forth, the resulting contributions shall be adjusted to conform with facts and conditions disclosed by each succeeding actuarial valuation.
(2) Payment of the obligation set forth in subsection (1)
of this section may be made in advance or may be paid currently as contributions are received from employees and pensions are paid to retired members: PROVIDED, That the
share of administrative expense and expense of the death-inthe-line-of-duty benefits shall be paid as soon as funds are
available to make such payment and the board shall have the
right to require any city that has withdrawn from the system,
to annually, at the beginning of each calendar year, deposit
and pay in cash an amount estimated by the board to be sufficient to meet the obligation of such city for the ensuing year
to those of its members receiving a retirement allowance.
From time to time each city may apply reserves in payment of
the obligations set forth above as contemplated in RCW
41.44.200.
(3) The board shall furnish each city with an estimate of
the amount necessary to pay the obligations of the city in the
ensuing fiscal year and the city shall provide therefor in its
budget. The board shall cause to be kept an account with each
city, crediting the account with such advances and payments
as are made by the city and debiting the account with such
charges as properly accrue against the city. The board shall
furnish each city with a monthly statement of the amount of
matching contributions, prior service charges and charges for
minimum retirement allowances properly accruing by reason
of payment of retirement allowances and deposit of contributions of members.
(4) Notwithstanding anything to the contrary, the retirement system shall not be liable for the payment of any retirement allowances or other benefits on account of the employ[Title 41 RCW—page 282]
ees or retired members of any city under this chapter, for
which reserves or guarantees have not been properly set up
by such city or its employees to pay such retirement allowances or other benefits: PROVIDED, That nothing herein
contained shall be so construed to prevent the establishment
of a reserve account for annuities and pensions in which shall
be placed at the time of retirement of any member the balances of the retiring member’s contribution and the city’s
matching funds for such member and from which account all
annuities and current service pensions shall be paid.
(5) Any city may, by majority vote of its electors, withdraw from participation in the retirement system two years
after giving written notice to the board of such action by the
electorate. It is hereby specifically provided, however, that
the city’s obligation to those members receiving or eligible to
a retirement allowance prior to such termination of participation shall continue in full force and effect as provided in this
chapter. Members not receiving or being eligible to a retirement allowance at time of such termination shall be paid their
accumulated contributions on demand. Should it develop that
any such city is entitled to a refund such refund shall be made
within one year following demand of city entitled thereto.
[1953 c 228 § 2; 1951 c 275 § 5; 1949 c 171 § 2; 1947 c 71 §
9; Rem. Supp. 1949 § 9592-138.]
41.44.100 Retirement fund—Deposit—Investment—
Cost. (1) A fund is hereby created and established to be
known as the "statewide city employees retirement fund,"
and shall consist of all moneys paid into it in accordance with
the provisions of this chapter, whether such moneys shall
take the form of cash, securities, or other assets: PROVIDED, That such assets shall be public funds to the extent
necessary to authorize any bank to deposit such collateral
security necessary and required under the laws of the state to
secure the deposit of public funds belonging to a city.
(2) The board of trustees shall be the custodian of the
retirement fund and shall arrange for the safekeeping thereof.
Subject to such provisions as may be prescribed by law for
the deposit of city funds in banks, cash belonging to the
retirement fund may be deposited in any licensed national
bank or banks in the state, or in any bank, banks or corporations authorized or licensed to do a banking business and
organized under the laws of the state of Washington; and may
be withdrawn on order of the board for the purpose of making
such payments as are authorized and required by this chapter.
(3) The board may invest pension fund moneys in such
securities of the United States, states, Dominion of Canada,
public housing authorities, municipal corporations and other
public bodies, as are designated by the laws of the state as
lawful investments for the funds of mutual savings banks,
and to invest not to exceed twenty-five percent of the system’s total investments in the securities of any corporations
or public utility bodies as are designated by the laws of the
state as lawful investments for the funds of mutual savings
banks: PROVIDED, That not more than five percent of the
system’s total investments may be made in the securities of
any one of such corporations or public utility bodies.
(4) Subject to the limitations hereinafter provided,
investment of pension funds may also be made in amounts
not to exceed twenty-five percent of the system’s total investments in the shares of certain open-end investment compa41.44.100
(2010 Ed.)
Statewide City Employees’ Retirement
nies: PROVIDED, That not more than five percent of the
system’s total investments may be made in the shares of any
one such open-end investment company. The total amount
invested in any one company shall not exceed five percent of
the assets of such company, and shall only be made in the
shares of such companies as are registered as "open-end companies" under the federal investment company act of 1940, as
amended. Such company must be at least ten years old and
have net assets of at least five million dollars. It must have no
outstanding bonds, debentures, notes, or other evidences of
indebtedness, or any stock having priority over the shares
being purchased, either as to distribution of assets or payment
of dividends. It must have paid dividends from investment
income in each of the ten years next preceding purchase. The
maximum selling commission on its shares may not exceed
seven and one-half percent of the sum of the asset value plus
such commission.
(5) Investment of pension funds may also be made in the
bonds of any municipal corporation or other public body of
the state; and in any of the bonds or warrants, including local
improvement bonds or warrants within the protection of the
local improvement guaranty fund law, issued by any city or
town which is a member of the system. Investment of pension
funds may also be made in the bonds or other obligations of
any other state or territory of the United States or of any political subdivision, agency or instrumentality of any such state,
territory, or political subdivision thereof.
Investment of pension funds may also be made in bonds
or other obligations insured or guaranteed or which are covered by a repurchase agreement in whole or in part by the federal government or through any corporation, administrator,
agency or instrumentality which is or hereafter may be created by the federal government.
(6) In order to provide for an equitable apportionment of
the cost of the making and handling of the system’s investments, the board may charge against the annual earnings
from the system’s investments, including income from the
same and gains realized from the purchase and sale of its
securities, a portion of such earnings computed on the book
value of the investments held by the system at the end of its
fiscal year, for the purpose of paying the cost of purchasing,
safekeeping, servicing and handling its securities: PROVIDED, That such portion shall not exceed one-half of one
percent of such value and shall not exceed the net gain from
the operations for the year: PROVIDED FURTHER, That
such charge shall not be considered as an administrative
expense payable solely by the cities. [1967 ex.s. c 28 § 3;
1965 ex.s. c 99 § 1; 1957 c 158 § 1; 1953 c 228 § 3; 1951 c
275 § 6; 1949 c 171 § 3; 1947 c 71 § 10; Rem. Supp. 1949 §
9592-139.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.105 Supplemental benefits fund. (1) The board
of trustees shall establish, in addition to the several benefits
provided for, an additional and separate fund to be known as
the "supplemental benefits fund" to provide for the payment
of supplemental benefits, as hereinafter provided for employees of municipalities electing to participate in said fund.
(2) Any municipality which has elected to participate in
this retirement system may elect to have the employees of the
41.44.105
(2010 Ed.)
41.44.110
municipality participate in and be covered by the supplemental benefits fund. Such election is authorized to be made in
any manner authorized by RCW 41.44.050, as now or hereafter amended, as it relates to participation in the system.
(3) A municipality which once elects to participate in the
supplemental benefits fund shall never discontinue participation in the fund as to members who are covered in the fund.
(4) Membership in the fund shall be terminated by cessation of membership in the system.
(5) Each municipality which elects to participate in the
supplemental benefits fund shall contribute to that fund, in
addition to normal contributions and prior service contributions as required, such additional percentage of each payment
of earnings as may be fixed by the board, on recommendation
of the actuary, as necessary to accumulate the reserves
needed to pay the anticipated benefit: PROVIDED, That the
rate of contribution to the supplemental benefits fund shall be
on the full compensation of the member.
(6) The supplemental benefit for covered employees
shall be an allowance not to exceed fifteen percent of average
final compensation payable at the time of retirement.
(7) Should the service of a member be discontinued by
other than death or retirement, the benefits and privileges as
provided by RCW 41.44.190 as now or hereafter amended,
shall apply.
(8) A municipality which elects to participate in the supplemental benefits fund shall provide such benefits for all
members employed by such city. [1967 ex.s. c 28 § 2.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.110 Membership. (1) Subject to subsection (2)
of this section, membership of this retirement system shall be
composed of the following groups of employees in any participating city or cities:
(a) Miscellaneous personnel as defined in this chapter;
(b) Uniformed personnel as defined in this chapter;
(c) Elective officials, who shall have the right to membership in this retirement system upon filing written notice of
such election with the board of trustees;
(d) Employees of the retirement system itself shall be
entitled to membership and any costs in connection with such
membership shall be a part of the cost of administration.
(e) Employees of any state association of cities and
towns shall be entitled to membership, upon election to participate made by the board of directors pursuant to RCW
41.44.050, and any costs in connection with such membership which would be borne by a city in the case of employees
of a city shall be borne by the association.
(2) Any city may, when electing to participate in this
retirement system in the manner set forth in RCW 41.44.050,
include any one group or combination of the groups mentioned in subsection (1) of this section. For an initial period
not to exceed one year from the effective date of any city’s
entry into this system, if so provided at the time of its election
to participate, only a majority of the employees of any group
or combination of groups must be members of the system.
At all times subsequent to the effective date of the city’s
entry into this system, or at all times after expiration of such
initial period, if such initial period is established at the time of
the city’s election to participate, all employees of any group
41.44.110
[Title 41 RCW—page 283]
41.44.120
Title 41 RCW: Public Employment, Civil Service, and Pensions
or combination of groups must be included or excluded as
members of this system. Groups (c) and (d) shall be considered as being composed of miscellaneous personnel as far as
benefits and obligations are concerned except when the contrary is clearly indicated.
(3) Subject to subsection (2) of this section, membership
in the retirement system shall be compulsory for all employees in groups (a) and (b), after qualification as provided in
subsection (4) of this section.
(4) Subject to subsection (2) of this section, all employees in city service, on the effective date, or on June 9, 1949,
or on expiration of the initial period therein provided if they
have completed six consecutive months’ service or six
months’ service in any calendar year prior to the expiration of
such initial period, shall be members of the system, provided
that such employees who are not regular full time employees
and are earning less than one hundred dollars per month, or
are part time employees serving in an official or special
capacity may with the acquiescence of the legislative body of
the city or town in which they are employed, elect on or
before January 1, 1950, to discontinue membership by giving
written notice of such election to the board. All other regular
employees earning more than one hundred dollars per month
shall become members upon the completion of six consecutive months’ service or six months’ service in any calendar
year. Any employee otherwise eligible, employed in a permanent position, may elect in writing to become a member of the
system at any time during the initial period, or at any time
prior to completing such six months’ service. Such individual
employees other than regular employees, who are earning
less than one hundred dollars per month or who are serving in
an official or special capacity may elect to become members
with the acquiescence of the legislative body of the city or
town in which they are employed upon the completion of six
months of consecutive service or six months’ service in any
calendar year.
(5) It shall be the duty of the proper persons in each city
to immediately report to the board routine changes in the status of personnel and to immediately furnish such other information regarding the employment of members as the board
may from time to time require.
(6) Should any member withdraw more than one-quarter
of his accumulated contributions, or should he die or be
retired, he shall thereupon cease to be a member.
(7) Transfer of any employee from one city to another
shall not cause the employee to lose membership in the system providing the city to which he transfers participates in the
retirement system created herein. [1971 ex.s. c 271 § 14;
1965 ex.s. c 99 § 2; 1961 c 227 § 3; 1953 c 228 § 4; 1951 c
275 § 7; 1949 c 171 § 4; 1947 c 71 § 11; Rem. Supp. 1949 §
9592-140.]
Additional notes found at www.leg.wa.gov
41.44.120 Prior service credit. (1) Subject to subsections (4) and (5) of this section the following members shall
be entitled to prior service credit:
(a) Each member in service on the effective date.
(b) Each member entering after the effective date if such
entry is within one year after rendering service prior to the
effective date.
(c) Each member entering in accordance with the provisions and subject to the conditions and limitations prescribed
in subsection (5) of this section.
As soon as practicable, the board shall issue to each
member entitled to prior service credit a certificate certifying
the aggregate length of service rendered prior to the effective
date. Such certificate shall be final and conclusive as to his
prior service unless hereafter modified by the board, upon
application of the member.
(2) Each city joining the system shall have the privilege
of selecting the rate at which prior service pensions shall be
calculated for its employees and may select any one of the
three rates set forth below:
(a) 1.33% of final compensation multiplied by the number of years of prior service credited to the member. This rate
may be referred to as "full prior service credit."
(b) 1.00% of final compensation multiplied by the number of years of prior service credited to the member. This rate
may be referred to as "full [three-fourths] prior service
credit."
(c) .667% of final compensation multiplied by the number of years of prior service credited to the member. This rate
may be referred to as "one-half prior service credit."
(3) The above rates shall apply at the age of sixty-two or
over for members included in the miscellaneous personnel
and at age sixty or over for members in the uniformed personnel: PROVIDED, That if a member shall retire before attaining either of the ages above referred to, the total prior service
pension shall be reduced to the percentages computed and
established in accordance with the following tables, to wit:
Age
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
41.44.120
[Title 41 RCW—page 284]
Miscellaneous Personnel
Percent of Full Prior Service Allowable
Male
Female
Factor
Age
.....
65.48
45
.....
.....
66.86
46
.....
.....
68.29
47
.....
.....
69.77
48
.....
.....
71.28
49
.....
.....
72.82
50
.....
.....
74.43
51
.....
.....
76.13
52
.....
.....
77.93
53
.....
.....
79.84
54
.....
.....
81.86
55
.....
.....
84.00
56
.....
.....
86.28
57
.....
.....
88.69
58
.....
.....
91.26
59
.....
.....
94.00
60
.....
.....
96.90
61
.....
.....
100.00
62
.....
Factor
66.78
67.91
69.09
70.34
71.67
73.10
74.71
76.41
78.21
80.11
82.12
84.24
86.50
88.89
91.42
94.11
96.96
100.00
Percent of Full Prior Service Allowable
Uniformed Personnel
Age
45
46
47
48
...............................
...............................
...............................
...............................
Factor
69.66
71.13
72.65
74.22
(2010 Ed.)
Statewide City Employees’ Retirement
49
50
51
52
53
54
55
56
57
58
59
60
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
75.83
77.47
79.18
80.99
82.91
84.93
87.09
89.37
91.79
94.36
97.09
100.00
(4) If sickness, injury or service in the armed forces of
the United States during the national emergency identified
with World War I or World War II and/or service in the
armed forces of the United States of America for extended
active duty by any employee who shall have been regularly
granted a leave of absence from the city service by reason
thereof, prevents any regular employee from being in service
on the effective date, the board shall grant prior service credit
to such person when he is again employed. The legislative
authority in each participating city shall specify the amount
of prior service to be granted or current service credit to be
made available to such employees: PROVIDED, That in no
case shall such service credit exceed five years. Certificate of
honorable discharge from or documentary evidence of such
service shall be submitted to the board before any such credit
may be granted or made available. Prior or current service
rates, or both, for such employees shall not exceed the rates
established for fellow employees.
(5) There shall be granted to any person who was an
employee of a private enterprise or a portion thereof which
shall be hereafter acquired by a city as a matter of public convenience or necessity, where it is in the public interest to
retain the trained personnel of such enterprise or portion
thereof, credit for prior service for the period such person was
actually employed by such private enterprise, except that this
shall apply only to those persons who shall be employees of
such enterprise or portion thereof at the time of its acquisition
by the city and who remain in the service of such city until the
effective date of membership of such person under this chapter.
There shall be granted to any person who was an
employee of any state association of cities and towns, which
association elects to participate in the retirement system
established by this chapter, credit for prior service for the
period such person was actually employed by such association, except that this shall apply only to those persons who
shall be employees of such association on May 21, 1971.
Credit for such prior service shall be given only if payment for the additional cost of including such service has
been made or if payment of such additional cost or reimbursement therefor has been otherwise provided for to the
satisfaction of the board or if such person be entitled to any
private pension or retirement benefits as a result of such service with such private enterprise, credit will be given only if
he agrees at the time of his employment by the municipality
to accept a reduction in the payment of any benefits payable
under this chapter that are based in whole or in part on such
added and accredited service by the amount of these private
(2010 Ed.)
41.44.130
pension or retirement benefits received. The conditions and
limitations provided for in this subsection (5) shall be embodied in any certificate of prior service issued or granted by the
board where any portion of the prior service credited under
this subsection is included therein.
The city may receive payments for these purposes from
a third party and shall make from such payments contributions with respect to such prior service as may be necessary to
enable the fund to assume its obligations. [1971 ex.s. c 271 §
15; 1959 c 70 § 2; 1957 c 158 § 2; 1951 c 275 § 8; 1947 c 71
§ 12; Rem. Supp. 1947 § 9592-141.]
Reviser’s note: In subsection (2)(b), the word "full" was substituted for
"three-fourths" in the 1971 amendatory act [1971 ex.s. c 271], but the change
was not indicated by deletion and addition marks.
Additional notes found at www.leg.wa.gov
41.44.130 Contributions by employees. (1) The normal rates of contribution of members shall be based on sex
and age at time of entry into the system, which age shall be
the age at the birthday nearest the date of such entry.
(2) The normal rates of contribution for miscellaneous
personnel shall be so fixed as to provide an annuity which,
together with the pension provided by the city, shall produce
as nearly as may be, a retirement allowance at the age of
sixty-two years, of one and one-third percent of the final
compensation multiplied by the number of years of service of
the retiring employee. The normal rate established for age
sixty shall be the rate for any member who has attained a
greater age before entrance into the retirement system and the
normal contribution established for age twenty-four shall be
the rate for any member who enters the system at an earlier
age.
(3) The normal rates of contribution for uniformed personnel shall be so fixed as to provide an annuity which,
together with the pension that would be derived from equal
contributions by the city, shall produce as nearly as may be
for members who enter service at age thirty-seven or below,
a retirement allowance, at age fifty-five with twenty-five or
more years of service, or at an age greater than fifty-five after
twenty-five years of service, equal to fifty percent of final
compensation; and for members entering service at ages over
thirty-seven, a retirement allowance at age sixty-two which
shall be the same proportion of fifty percent of final compensation as the member’s actual years credited bear to twentyfive years. The normal rate established for age fifty shall be
the rate for any member who has attained a greater age before
entrance into the retirement system.
(4) Subject to the provisions of this chapter, the board
shall adopt rules and regulations governing the making of
deductions from the compensation of employees and shall
certify to the proper officials in each city the normal rate of
contribution for each member provided for in subsections (2)
and (3) of this section. The proper officials in each city shall
apply such rate of contribution to the full compensation of
uniformed personnel and to so much of the compensation of
miscellaneous personnel as does not exceed three hundred
dollars per month, or four hundred dollars per month, or to
any increased amount of such compensation as to members
whose member cities have duly elected to increase the limitation provided for in subsection (12) of RCW 41.44.030 and
shall certify to the board on each and every payroll the total
41.44.130
[Title 41 RCW—page 285]
41.44.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
amount to be contributed and shall furnish immediately to the
board a copy of each and every payroll; and each of said
amounts shall be forwarded immediately to the board and the
board shall credit the deduction shown on such payroll to
individual accounts of the members represented on such payrolls.
(5) Every member shall be deemed to consent and agree
to the contribution made and provided for herein, and shall
receipt in full for his salary or compensation. Payment less
said contributions shall be a full and complete discharge of all
claims and demands whatsoever for the service rendered by
such person during the period covered by such payment,
except his claim to the benefits to which he may be entitled
under the provisions of this chapter.
(6) Any member may elect to contribute in excess of the
contributions provided for in this section in accordance with
rules to be established by the board for the purpose of providing additional benefits, but the exercise of this privilege shall
not place on the member city or cities any additional financial
obligation. The board shall have authority to fix the rate of
interest to be paid or allowed upon the additional contributions and from time to time make any necessary changes in
said rate. Refunds of additional contributions shall be governed by the same rules as those covering normal contributions unless the board shall establish separate rules therefor.
[1965 ex.s. c 99 § 3; 1961 c 227 § 4; 1957 c 158 § 3; 1951 c
275 § 9; 1947 c 71 § 13; Rem. Supp. 1947 § 9592-142.]
41.44.140
41.44.140 Retirement for service. Retirement of a
member for service shall be made by the board as follows:
(1) Each member included in the miscellaneous personnel in service on the effective date, who, on or before such
effective date, has attained the age of sixty-five years or over
shall be compulsorily retired forthwith: PROVIDED, That
there shall be no compulsory retirements for a period of two
years immediately following the effective date, but any member having attained the age of sixty-five may voluntarily
retire at any time after attaining such age. Members included
in the miscellaneous personnel attaining age sixty-five after
effective date shall be retired on the first day of the calendar
month next succeeding the month in which the member shall
have attained sixty-five, but none of such members shall be
subject to compulsory retirement until two years after the
effective date. The legislative authority of the city shall have
the privilege at all times of extending time for retirement of
any such member to his attainment of any age not exceeding
age seventy: PROVIDED, That any such extension shall not
increase the retirement age of such member in excess of one
year at a time.
(2) Any member included in the miscellaneous personnel may retire by filing with the board a written application
duly attested, setting forth on what date he desires to be
retired, such application to be made at least thirty days prior
to date of retirement: PROVIDED, That said member, at the
time specified for his retirement, shall have attained the age
of sixty years, or shall have thirty years of creditable service
regardless of attained age: PROVIDED FURTHER, That
during the two years immediately following the effective date
voluntary service retirement of such members under sixtytwo years of age shall not be granted.
[Title 41 RCW—page 286]
(3) Each member included in the uniformed personnel in
service on the effective date who on or before such effective
date has attained the minimum age for social security benefits
shall be compulsorily retired forthwith: PROVIDED, That
there shall be no compulsory service retirements for a period
of two years immediately following the effective date, but
any such member having attained the minimum age for social
security benefits may voluntarily retire at any time after
attaining such age. Members included in the uniformed personnel attaining the minimum age for social security benefits
after the effective date shall be retired on the first day of the
calendar month next succeeding the month in which the
members shall have attained the minimum age for social
security benefits, but none of such members shall be subject
to compulsory retirement until two years after the effective
date. The legislative authority shall have the privilege at all
times of extending time for retirement of any such member:
PROVIDED, That any such extension shall not increase the
retirement age of such member in excess of one year at a
time.
(4) Any member included in the uniformed personnel
may retire by filing with the board a written application duly
attested, setting forth on what date he desires to be retired,
such application to be made at least thirty days prior to date
of retirement: PROVIDED, That said members, at the time
specified for retirement, shall have twenty-five years of creditable service regardless of age, or shall have attained the age
of fifty-five years regardless of years of creditable service:
PROVIDED FURTHER, That during the two years immediately following the effective date voluntary service retirement of such members under the minimum age for social
security benefits shall not be granted.
(5) After the retirement of any employee, any member
city, by unanimous vote of its legislative body and with the
consent of the board, may reemploy or retain such employee
in its service to fill a supervisory or key position. [1967 ex.s.
c 28 § 4; 1965 ex.s. c 99 § 4; 1961 c 227 § 5; 1953 c 228 § 5;
1951 c 275 § 10; 1947 c 71 § 14; Rem. Supp. 1947 § 9592143.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.150 Allowance on retirement for service. (1) A
member upon retirement for service, shall receive a retirement allowance subject to the provisions of subsection (2) of
this section, which shall consist of:
(a) An annuity which shall be the actuarial equivalent of
his accumulated normal contributions at the time of his retirement; and
(b) A pension provided by the contributions of the city,
equal to the annuity purchased by the accumulated normal
contributions of the member;
(c) For any member having credit for prior service an
additional pension, provided by the contributions of the city,
as set forth in RCW 41.44.120 at the rate selected by the city
employing the member;
(d) Any member, excepting a part time employee, who
has ten or more years of creditable service and who is retired
by reason of attaining the age of sixty-five or over if included
in the miscellaneous personnel or the age of fifty-five or over
if included in the uniformed personnel, and whose retirement
41.44.150
(2010 Ed.)
Statewide City Employees’ Retirement
allowance is calculated to be less than sixty dollars per
month, shall receive such additional pension, provided by the
contributions of the city, as will make his total retirement
allowance equal to sixty dollars per month. An annuity purchased by accumulated additional contributions in such case
shall be paid in addition to the minimum guaranteed as herein
provided. A part time employee having ten or more years of
creditable service, retired by reason of attaining the ages in
this subdivision specified and whose retirement allowance is
calculated to be less than forty dollars per month, shall
receive such additional pension, provided by the contributions of the city, as will make the total retirement allowance
equal to forty dollars per month, together with an annuity
purchased by his accumulated additional contributions, if
any, in addition to the minimum guaranteed.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be paid
to a member retired prior to June 11, 1953.
(e) Any member, excepting a part time employee, who
has been or is retired by reason of attaining the age of sixtyfive or over if included in the miscellaneous personnel or the
age of fifty-five or over if included in the uniformed personnel, and whose retirement allowance is calculated to be less
than sixty dollars per month, shall receive such additional
pension, provided by the contributions of the city, as will
make his total retirement allowance equal to six dollars per
month for each year of his creditable service: PROVIDED,
That the total additional retirement allowance shall be limited
to an amount equal to such amount as will make his total
retirement allowance not more than sixty dollars per month.
An annuity purchased by accumulated additional contributions, if any, in such case shall be paid in addition to the minimum guaranteed, as herein provided.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be paid
to a member retired prior to June 11, 1953.
(f) The normal retirement age for uniformed personnel
shall be age fifty-five with twenty-five years of creditable
service, or shall be at an age greater than age fifty-five upon
the completion of twenty-five years or more of creditable service. Upon retirement at the normal age, the retirement
allowance shall be equal to fifty percent of final compensation. If retirement occurs at an age other than the normal age,
the retirement allowance shall be the same proportion of fifty
percent of final compensation as the member’s actual years of
service bears to the years of service that were or would have
been served up to the normal retirement age: PROVIDED,
That if retirement occurs prior to the normal age of retirement, said allowance shall be the actuarial equivalent of said
allowance at the normal age of retirement.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be paid
to a member retired prior to August 6, 1965.
(2) If the retirement allowance of the member as provided in this section, is in excess of three-fourths of his final
compensation, the pension of the member, purchased by the
contributions of the city, shall be reduced to such an amount
as shall make the member’s retirement allowance equal to
three-fourths of his final compensation, except as provided in
subdivision (3) of this section.
(2010 Ed.)
41.44.170
(3) A member, upon retirement from service, shall
receive in addition to the retirement allowance provided in
this section, an additional annuity which shall be the actuarial
equivalent of any accumulated additional contributions
which he has to his credit at the time of his retirement. [1965
ex.s. c 99 § 5; 1961 c 227 § 6; 1957 c 158 § 4; 1953 c 228 §
6; 1951 c 275 § 11; 1949 c 171 § 5; 1947 c 71 § 15; Rem.
Supp. 1949 § 9592-144.]
41.44.160 Retirement for disability. Any member
who has at least ten years of creditable service within the fifteen years immediately preceding retirement and has not
attained the age of sixty-five years, or who attains or has
attained the age of sixty-five years prior to two years after the
effective date, may be retired by the board for permanent and
total disability, either ordinary or accidental not incurred in
line of duty, and any member, regardless of his age or years
of service, may be retired by the board for any permanent and
total disability incurred in line of duty, upon examination as
follows:
Any member while in service, or while physically or
mentally incapacitated for the performance of duty, if such
incapacity has been continuous from discontinuance of city
service, shall be examined by such medical authority as the
board shall employ, upon the application of the head of the
office or department in which the member is employed with
approval of the legislative body, or upon application of said
member, or a person acting in his behalf, stating that said
member is permanently and totally incapacitated, either
physically or mentally, for the performance of duty and ought
to be retired. If examination shows, to the satisfaction of the
board, that the member should be retired, he shall be retired
forthwith: PROVIDED, That no such application shall be
considered or granted upon the application of a member
unless said member or someone in his behalf, in case of the
incapacity of a member, shall have filed the application
within a period of one year from and after the discontinuance
of service of said member: PROVIDED, The board shall
retire the said member for disability forthwith: PROVIDED,
That the disability retirement allowance shall be effective on
the first of the month following that in which the member last
received salary or wages in city service.
The board shall secure such medical services and advice
as it may deem necessary to carry out the purpose of this section and RCW 41.44.180. [1965 ex.s. c 99 § 6; 1951 c 275 §
12; 1949 c 171 § 6; 1947 c 71 § 16; Rem. Supp. 1947 § 9592145.]
41.44.160
41.44.170 Allowance on retirement for disability. On
retirement for permanent and total disability not incurred in
line of duty a member shall receive a retirement allowance
which shall consist of:
(1) An annuity which shall be the actuarial equivalent of
his accumulated normal contributions; and
(2) A pension provided by the contributions of the city
which, together with his annuity provided by his accumulated
normal contributions, shall make his retirement allowance
equal to thirty percent of his final compensation for the first
ten years of service, which allowance shall be increased by
one and one-half percent for each year of service in excess of
41.44.170
[Title 41 RCW—page 287]
41.44.180
Title 41 RCW: Public Employment, Civil Service, and Pensions
ten years to a maximum of fifty percent of his final compensation; otherwise he shall receive a retirement allowance of
forty dollars per month or, except as to a part time employee,
such sum, monthly, not in excess of sixty dollars per month,
as is equal to six dollars per month for each year of his creditable service, whichever is greater. If the retirement allowance of a part time employee, based upon the pension hereinabove provided, does not exceed forty dollars per month,
then such part time employee shall receive a retirement
allowance of forty dollars per month and no more.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be paid
to a member retired prior to August 6, 1965.
(3) If it appears to the satisfaction of the board that permanent and total disability was incurred in line of duty, a
member shall receive in lieu of the retirement allowance provided under subdivisions (1) and (2) of this section full pay
from, and be furnished all hospital and medical care by, the
city for a period of six months from the date of his disability,
and commencing at the expiration of such six month period,
shall receive a retirement allowance, regardless of his age or
years of service, equal to fifty percent of his final compensation exclusive of any other benefit he may receive.
(4) No disability retirement allowance shall exceed seventy-five percent of final compensation, anything herein to
the contrary notwithstanding, except as provided in subdivision (7) of this section.
(5) Upon the death of a member while in receipt of a disability retirement allowance, his accumulated contributions,
as they were at the date of his retirement, less any annuity
payments made to him, shall be paid to his estate, or to such
persons having an insurable interest in his life as he shall
have nominated by written designation duly executed and
filed with the board. In the alternative, if there be a surviving
spouse, or if no surviving spouse, there are surviving a child
or children under the age of eighteen years, upon written
notice to the board by such spouse, or if there be no such
spouse, by the duly appointed, qualified and acting guardian
of such child or children, within sixty days of the date of such
member’s death, there shall be paid to such spouse during his
or her lifetime, or, if there be no such spouse, to such child or
children, until they shall reach the age of eighteen years, a
monthly pension equal to one-half of the monthly final compensation of such deceased member. If any such spouse or
child or children shall marry, then such person so marrying
shall thereafter receive no further pension herein provided.
(6) If disability is due to intemperance, wilful misconduct, or violation of law, on the part of the member, the
board, in its discretion, may pay to said member, in one lump
sum his accumulated contribution, in lieu of a retirement
allowance, and such payment shall constitute full satisfaction
of all obligations of the city to such member.
(7) In addition to the annuity and pension provided for in
subdivisions (1) and (2) of this section, a member shall
receive an annuity which shall be the actuarial equivalent of
his accumulated additional contributions. [1973 1st ex.s. c
154 § 78; 1965 ex.s. c 99 § 7; 1961 c 227 § 7; 1957 c 158 § 5;
1953 c 228 § 7; 1951 c 275 § 13; 1947 c 71 § 17; Rem. Supp.
1947 § 9592-146.]
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 288]
41.44.180
41.44.180 Examination of disability beneficiary—
Reentry. (1) The board may, at its pleasure, require any disability beneficiary under age sixty-two in the miscellaneous
personnel and under age fifty-five in the uniformed personnel
to undergo medical examination by medical authority designated by the board. Upon the basis of such examination the
board shall determine whether such disability beneficiary is
still totally and permanently incapacitated, either physically
or mentally, for service in the office or department of the city
where he was employed or in any other position in that city,
the duties of which he might reasonably be expected to carry
out.
(2) If the board shall determine that the beneficiary is not
so incapacitated his retirement allowance shall be canceled
and he shall be reinstated forthwith in city service. If the city
is unable to find employment for a disability beneficiary
found to be no longer totally and permanently disabled, the
board shall continue the disability retirement allowance of
the beneficiary until such time as employment is available,
except as provided in paragraph (4) of this section.
(3) Should a disability beneficiary reenter city service
and be eligible for membership in the retirement system, his
retirement allowance shall be canceled and he shall immediately become a member of the retirement system, his rate of
contribution for future years being that established for his age
at the time of such reentry. His individual account shall be
credited with his accumulated contributions less the annuity
payments made to him. An amount equal to the accumulated
normal contributions so credited to him shall again be held
for the benefit of said member and shall no longer be
included in the amounts available to meet the obligations of
the city on account of benefits that have been granted. Such
member shall receive credit for prior service in the same
manner as if he had never been retired for disability.
(4) Should any disability beneficiary under age sixty-two
in the miscellaneous personnel or under age fifty-five in the
uniformed personnel, refuse to submit to medical examination, his retirement allowance may be discontinued until his
withdrawal of such refusal, and should refusal continue for
one year, his retirement allowance may be canceled. Should
said disability beneficiary, prior to attaining age sixty-two or
age fifty-five, as the case may be, engage in a gainful occupation the board shall reduce the amount of his retirement
allowance to an amount, which when added to the compensation earned by him in such occupation, shall not exceed the
amount of the final compensation on the basis of which his
retirement allowance was determined. Should the earning
capacity of such beneficiary be further altered, the board may
further alter his retirement allowance as indicated above.
When said disability beneficiary reaches age sixty-two, if
included in the miscellaneous personnel, or age fifty-five, in
the uniformed personnel, his retirement allowance shall be
made equal to the amount upon which he was originally
retired, and shall not again be modified for any cause except
as provided in RCW 41.44.250.
(5) Should the retirement allowance of any disability
beneficiary be canceled for any cause other than reentrance
into city service, he shall be paid his accumulated contributions, less annuity payments made to him. [1961 c 227 § 8;
1947 c 71 § 18; Rem. Supp. 1947 § 9592-147.]
(2010 Ed.)
Statewide City Employees’ Retirement
41.44.190 Withdrawal from system—Reentry—Payment on death of member. (1) Should service of a member
of the miscellaneous personnel be discontinued except by
death or retirement, he shall be paid six months after the day
of discontinuance such part of his accumulated contributions
as he shall demand. Six months after the date of such discontinuance, unless on leave of absence regularly granted, or
unless he has exercised the option hereinafter provided, his
rights to all benefits as a member shall cease, without notice,
and his accumulated contributions shall be returned to him in
any event or held for his account if for any reason the return
of the same is prevented. Should service of a member of the
uniformed personnel be discontinued except by death or
retirement, he shall be paid six months after the day of discontinuance such part of his accumulated contributions as he
shall demand, and six months after the date of such discontinuance, unless on leave of absence regularly granted, his
rights to all benefits as a member shall cease, without notice,
and his accumulated contributions shall be returned to him in
any event, or held for his account if for any reason the same
is prevented: PROVIDED, That the board may in its discretion, grant the privilege of withdrawal in the amounts above
specified at any time following such discontinuance. Any
member whose service is discontinued except by death or
retirement, and who has five or more years of creditable service when such discontinuance occurs, may, at his option,
leave his accumulated contributions in the fund and thereby
be entitled to receive a deferred retirement allowance commencing at retirement age sixty for miscellaneous personnel
and at age fifty-five for uniformed personnel, such retirement
allowance to be computed in the same manner provided in
subsection (1) of RCW 41.44.150: PROVIDED, That this
option may be revoked at any time prior to commencement of
annuity payments by filing a written notice of such intention
with the board together with a written application for a refund
of such accumulated contributions. The board may establish
rules and regulations to govern withdrawal and redeposit of
contributions.
(2) Should a former member, within five years after discontinuance of service, return to service in the same city in
which he was employed he may restore to the fund in such
manner as may be agreed upon by such person and the board,
his withdrawn normal accumulated contributions as they
were at the time of his separation from service and upon completion of such redeposit all his rights and privileges existing
at the time of discontinuance of service shall be restored and
his obligations as a member shall begin again. The rate of
contribution of such returning member shall be the same as it
was at the time he separated from service.
(3) Upon the death of any person who has not been
retired, pursuant to the provisions hereof, there shall be paid
to his estate, or to such persons having an insurable interest in
his life as he shall have nominated by written designation
duly executed and filed with the board, his accumulated contributions less any payments therefrom already made to him.
Such payment may be made in one lump sum or may be paid
in installments over a period of not to exceed five years, as
may be designated by the member or his beneficiary, with
such rate of interest as may be determined by the board.
(4) In lieu of the death benefit otherwise payable under
subsection (3) of this section, there shall be paid a total allow41.44.190
(2010 Ed.)
41.44.200
ance equal to one-fourth average final compensation per
month to the surviving spouse of a member with at least
twenty years service as such, at the time of death and who has
not been retired and who, by reason of membership in the
system, is covered by the Old Age and Survivors Insurance
provisions of the Federal Social Security Act, but not at the
time of death qualified to receive the benefits thereof. Said
allowance shall become payable upon the death of said member or upon the date the surviving spouse becomes ineligible
for any benefit payment from the Federal OASI, if later, and
shall cease upon death or remarriage, or upon the date the surviving spouse would become entitled, upon application therefor; to any insurance benefit from the Federal OASI system,
whichever event shall first occur: PROVIDED, That said
benefit shall cease upon the beneficiary becoming employed
by any member city of said system: PROVIDED FURTHER, That this allowance shall consist of:
(a) An amount which shall be the actuarial equivalent of
the normal contributions at the time specified for retirement;
(b) An amount provided by the contributions of the city,
equal to the annuity purchased by the accumulated normal
contributions of the member;
(c) Such additional amount, provided by the contributions of the city, as will make the total allowance equal to
one-fourth average final compensation per month;
(d) An annuity purchased by the accumulated additional
contributions, if any, in addition to the minimum guaranteed.
(5) In lieu of the death benefit otherwise payable under
subsection (3) of this section, the surviving spouse of a member who dies after having attained the minimum requirements
for his service retirement as required by RCW 41.44.140 may
elect to receive the allowance which would have been paid to
such surviving spouse had the member been retired on the
date of his death and had he elected to receive the lesser
retirement allowances provided for in option C of RCW
41.44.220.
(6) If a former member shall, within one year from date
of discontinuance of service, be employed by another city
participating in this retirement system he shall have the privilege of redepositing and the matching contributions deposited by the city or cities in which he was formerly employed
shall again be held for the benefit of such member. If such
redepositing member possessed a prior service certificate the
city employing him at time of retirement shall accept the liability evidenced by such certificate.
Reinstatement of a prior service certificate shall be effective only upon a showing that normal contributions are on
deposit in the retirement fund, to the credit of the member,
covering all current service. [1967 ex.s. c 28 § 5; 1965 ex.s.
c 99 § 8; 1961 c 227 § 9; 1951 c 275 § 14; 1947 c 71 § 19;
Rem. Supp. 1947 § 9592-148.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.200 Withdrawal—Procedure as to city’s contribution. Whenever a member withdraws his accumulated
normal contributions the matching contributions of the city
so released shall be transferred to a reserve account created
for the purpose of showing the amount of credits due each
city through such operation. Such credits may be used by the
city to apply on any charges made against the city but only so
41.44.200
[Title 41 RCW—page 289]
41.44.210
Title 41 RCW: Public Employment, Civil Service, and Pensions
much thereof as will insure leaving in such account an
amount estimated to be sufficient to again match contributions redeposited by employees returning to service as contemplated in RCW 41.44.190. The board may credit such
reserve accounts with interest at such rate as the board deems
equitable: PROVIDED, That as to any member city which
has elected to and is making contributions in lieu of those
required in RCW 41.44.090(1)(a), there shall be no release of
the city’s matching contributions after the date of its commencement to make such lieu contributions: PROVIDED
FURTHER, That any released contributions of any such city
which have been credited to its reserve account prior to the
date of such commencement, shall be available to it for the
purposes hereinabove specified, unless the board shall determine that their immediate use for such purposes would result
in a harmful effect upon the assets of the system, in which
event the board shall have the right to defer their use for a reasonable time in which to permit it to make adjustments in the
current assets of the system to prevent the same. [1953 c 228
§ 8; 1947 c 71 § 20; Rem. Supp. 1947 § 9592-140.]
41.44.210
41.44.210 Benefit on death in line of duty. Upon the
death of any member who dies from injuries or disease arising out of or incurred in the performance of his duty or duties,
of which the board of trustees shall be the judge, if death
occurs within one year from date of discontinuance of city
service caused by such injury, there shall be paid to his estate
or to such person or persons having an insurable interest in
his life, as he shall have nominated by written designation
duly executed and filed with the board, the sum of one thousand dollars, purchased by the contributions of the cities participating in the retirement system; and in addition thereto
there shall be paid to the surviving spouse during such
spouse’s lifetime, or if there be no surviving spouse, then to
his minor child or children until they shall have reached the
age of eighteen years, a monthly pension equal to one-half
the monthly final compensation of such deceased member. If
any such spouse, or child or children shall marry, then such
person so marrying shall thereafter receive no further pension
herein provided. Cost of the lump sum benefit above provided shall be determined by actuarial calculation and prorated equitably to each city. The benefits provided in this section shall be exclusive of any other benefits due the member
under this chapter. [1973 1st ex.s. c 154 § 79; 1961 c 227 §
10; 1957 c 158 § 6; 1947 c 71 § 21; Rem. Supp. 1947 § 9592150.]
Additional notes found at www.leg.wa.gov
41.44.220
41.44.220 Optional allowance on retirement. A member may elect to receive in lieu of the retirement allowance
provided for in RCW 41.44.150, its actuarial equivalent in
the form of a lesser retirement allowance, payable in accordance with the terms and conditions of one of the options set
forth below in this section. Election of any option must be
made by written application filed with the board at least thirty
days in advance of retirement, or may be made by any member after he has attained the minimum requirements for his
service retirement as required by RCW 41.44.140, and shall
not be effective unless approved by the board prior to retirement of the member.
[Title 41 RCW—page 290]
Option A. The lesser retirement allowance shall be payable to the member throughout his life: PROVIDED, That if
he die before he receives in annuity payments referred to in
paragraph (a) of subsection (1) of RCW 41.44.150 a total
amount equal to the amount of his accumulated contributions
as it was at date of his retirement, the balance of such accumulated contributions shall be paid in one sum to his estate or
to such person having an insurable interest in his life as he
shall nominate by written designation duly executed and filed
with the board.
Option B. The lesser retirement allowance shall be payable to the member throughout life, and after death of the
member, one-half of the lesser retirement allowance shall be
continued throughout the life of and paid to the wife or husband of this member.
Option C. The lesser retirement allowance shall be payable to the member throughout life, and after death of the
member it shall be continued throughout the life of and paid
to the wife or husband of the member.
A member may apply for some other benefit or benefits
and the board may grant such application provided such other
benefit or benefits, together with the reduced retirement
allowance, shall be certified by the actuary to be of equivalent value to his retirement allowance.
The surviving spouse may elect to receive a cash refund
of the member’s accumulated contributions in lieu of the
monthly benefit under either Option B or Option C. [1965
ex.s. c 99 § 9; 1947 c 71 § 22; Rem. Supp. 1947 § 9592-151.]
41.44.230 Monthly payments. A pension, annuity, or a
retirement allowance granted under the provisions of this
chapter, unless otherwise specified herein, shall be payable in
monthly installments, and each installment shall cover for the
current calendar month. [1947 c 71 § 23; Rem. Supp. 1947 §
9592-152.]
41.44.230
41.44.240 Rights immune from legal process—
Exceptions. The right of a person to a pension, annuity or a
retirement allowance, to the return of contribution, the pension, annuity or retirement allowance itself, any optional benefit, any other right accrued or accruing to any person under
the provisions of this chapter, and the moneys in the fund created under this chapter shall not be subject to execution, garnishment, or any other process whatsoever. This section shall
not apply to child support collection actions taken under
chapter 26.18, 26.23, or 74.20A RCW against benefits payable under any such plan or arrangement. Benefits under this
chapter shall be payable to a spouse or ex-spouse to the extent
expressly provided for in any court decree of dissolution or
legal separation or in any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation. [1989 c 360 § 28; 1979 ex.s. c
205 § 7; 1947 c 71 § 24; Rem. Supp. 1947 § 9592-153.]
41.44.240
41.44.250 Suspension of retirement allowance. The
payment of any retirement allowance to a member who has
been retired from service shall be suspended during the time
that the beneficiary is in receipt of compensation for service
to any city or town that is a member of the statewide city
employees’ retirement system, except as to the amount by
41.44.250
(2010 Ed.)
Actuarial Funding of State Retirement Systems
which such retirement allowance may exceed such compensation for the same period. It is the intent of this section to
prevent any retired person from being able to receive both his
retirement allowance and compensation for service to any
city or town that is a member of the statewide city employees’ retirement system: PROVIDED, That nothing in this
section shall prevent county or state welfare departments
from furnishing to any retired employee under the terms of
this chapter the hospital, medical, dental and other benefits
granted to pensioners under the provisions of Title 74 RCW.
[1951 c 275 § 15; 1947 c 71 § 25; Rem. Supp. 1947 §
9592-154.]
41.44.260
41.44.260 Merger of existing or new systems into
statewide system—Contract. The council or other legislative body of any city or town in which there has been established or may hereafter be established by ordinance or pursuant to authority granted, or hereafter granted, by any of the
laws of the state of Washington, any retirement system, pension, relief or disability system, excluding any system
directly established by the legislature of the state of Washington and by its terms made compulsory, shall have the right by
a legal contract in writing to merge or integrate its existing
system with that of the statewide city employees’ retirement
system established by chapter 71, Laws of 1947 [chapter
41.44 RCW]. Any such contract shall contain appropriate
provisions granting to any member of the systems integrated
or merged the right to elect to withdraw his or her accumulated contributions accrued to the effective date of the merger
or integration where the contract would result in a reduction
or impairment of the benefits provided for in the existing system of which he or she is a member, and no such contracts
shall be effective which shall reduce or impair the benefits
which employees who are receiving benefits from either of
the integrated systems would have received had the integration or merger not been effected. [1949 c 137 § 1; Rem.
Supp. 1949 § 9592-133a.]
such city and the board, all of the provisions of the statewide
city employees retirement system law shall be applicable.
[1953 c 228 § 9.]
41.44.300 System abolished—Date—Transfer of
assets, liabilities and responsibilities. Notwithstanding any
provisions of chapter 41.44 RCW to the contrary, the statewide employees’ retirement system shall no longer exist after
January 1, 1972, at which time all assets, liabilities, and
responsibilities of the statewide city employees’ retirement
system shall be transferred to and assumed by the Washington public employees’ retirement system as provided for in
*RCW 41.40.405 through 41.40.407. [1971 c 75 § 4.]
41.44.300
*Reviser’s note: RCW 41.40.405 through 41.40.407 were decodified
pursuant to 1991 c 35 § 4.
41.44.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
100.]
41.44.900
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Chapter 41.45
41.44.270
41.44.270 Agreements between board and cities
which accept social security act benefits. Should any member city of the statewide city employees retirement system
established pursuant to this chapter, hereafter take advantage
of any benefits lawfully available to its employees and their
survivors under the old age and survivors insurance system
embodied in the social security act, or should any city which
has lawfully taken advantage of such benefits desire to
become a member of the statewide city employees retirement
system, such city and the board shall have the power to enter
into an agreement mutually satisfactory to both parties
adjusting the contributions to be made by such city and by its
employees and the benefits to be paid by the statewide city
employees retirement system, in such a manner to permit the
participation of such city in the system as a member with
reduced benefits to its employees and reduced contributions
by the city and by its employees: PROVIDED, That such
adjustment shall be made upon an actuarially sound basis and
that as to all matters, other than those changed by such agreement, the provisions of the statewide city employees retirement system law shall apply: PROVIDED FURTHER, That
unless such an agreement is entered into by mutual consent of
(2010 Ed.)
Chapter 41.45
Chapter 41.45 RCW
ACTUARIAL FUNDING OF
STATE RETIREMENT SYSTEMS
Sections
41.45.010
41.45.020
41.45.030
41.45.035
41.45.050
41.45.060
41.45.0604
41.45.061
41.45.062
41.45.0621
41.45.0631
41.45.067
41.45.070
41.45.080
41.45.090
Intent—Goals.
Definitions.
State actuary to submit information on the experience and
financial condition of each retirement system—Adoption of
long-term economic assumptions.
Long-term economic assumptions—Asset value smoothing
technique.
Contributions to be based on rates established in this chapter—
Allocation formula for contributions.
Basic state and employer contribution rates—Methods used—
Role of council—Role of state actuary.
Contribution rates—Law enforcement officers’ and firefighters’ retirement system plan 2.
Required contribution rates for plan 2 members.
Annual contribution rate increases—Employer, state, and plan
2 members.
Plan 1 unfunded accrued actuarial liabilities—Contributions in
addition to RCW 41.45.062—Intent.
Washington state patrol retirement system—Contribution
rate—Allocation of costs.
Failure of state or employer to make required contribution—
Resulting increase in contribution rate borne in full by state
or employer—Members’ contribution deducted each payroll
period.
Supplemental rate.
Additional contributions may be required.
Collection of actuarial data.
[Title 41 RCW—page 291]
41.45.010
41.45.100
41.45.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
Pension funding council—Created.
Pension funding council—Audits required—Select committee
on pension policy.
Pension funding work group.
Public employees’ retirement system plan 2 assets divided—
Assets transferred to school employees’ retirement system.
Unfunded liabilities—Employer contribution rates.
Certain plans 2 and 3 normal costs—Minimum basic employer
contribution rates.
Certain plans 2 and 3 normal costs—Minimum member contribution rates.
Contribution rates for certain justices and judges—Public
employees’ retirement system.
Contribution rates for certain justices and judges—Teachers’
retirement system.
Contribution rates for certain district or municipal court
judges—Public employees’ retirement system.
Pension funding stabilization account—Creation.
Pension funding stabilization account—State investment
board.
Severability—1989 c 273.
Severability—2001 2nd sp.s. c 11.
Effective date—2005 c 370 §§ 1, 3, and 6: See note following RCW
41.45.060.
41.45.010 Intent—Goals. It is the intent of the legislature to provide a dependable and systematic process for funding the benefits provided to members and retirees of the public employees’ retirement system, chapter 41.40 RCW; the
teachers’ retirement system, chapter 41.32 RCW; the law
enforcement officers’ and firefighters’ retirement systems,
chapter 41.26 RCW; the school employees’ retirement system, chapter 41.35 RCW; the public safety employees’ retirement system, chapter 41.37 RCW; and the Washington state
patrol retirement system, chapter 43.43 RCW.
The funding process established by this chapter is
intended to achieve the following goals:
(1) To fully fund the public employees’ retirement system plans 2 and 3, the teachers’ retirement system plans 2 and
3, the school employees’ retirement system plans 2 and 3, the
public safety employees’ retirement system plan 2, and the
law enforcement officers’ and firefighters’ retirement system
plan 2 as provided by law;
(2) To fully amortize the total costs of the law enforcement officers’ and firefighters’ retirement system plan 1, not
later than June 30, 2024;
(3) To fully amortize the unfunded actuarial accrued liability in the public employees’ retirement system plan 1 and
the teachers’ retirement system plan 1 within a rolling tenyear period, using methods and assumptions that balance
needs for increased benefit security, decreased contribution
rate volatility, and affordability of pension contribution rates;
(4) To establish long-term employer contribution rates
which will remain a relatively predictable proportion of the
future state budgets; and
(5) To fund, to the extent feasible, all benefits for plan 2
and 3 members over the working lives of those members so
that the cost of those benefits are paid by the taxpayers who
receive the benefit of those members’ service. [2009 c 561 §
1; 2005 c 370 § 4; (2005 c 370 § 3 expired July 1, 2006); 2004
c 242 § 36; 2002 c 26 § 3; 2001 2nd sp.s. c 11 § 2; (2001 2nd
sp.s. c 11 § 1 expired March 1, 2002); 2000 c 247 § 501; 1998
c 341 § 401; 1995 c 239 § 305; 1989 c 273 § 1.]
41.45.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Council" means the pension funding council created
in RCW 41.45.100.
(2) "Department" means the department of retirement
systems.
(3) "Law enforcement officers’ and firefighters’ retirement system plan 1" and "law enforcement officers’ and firefighters’ retirement system plan 2" means the benefits and
funding provisions under chapter 41.26 RCW.
(4) "Public employees’ retirement system plan 1," "public employees’ retirement system plan 2," and "public
employees’ retirement system plan 3" mean the benefits and
funding provisions under chapter 41.40 RCW.
(5) "Teachers’ retirement system plan 1," "teachers’
retirement system plan 2," and "teachers’ retirement system
plan 3" mean the benefits and funding provisions under chapter 41.32 RCW.
(6) "School employees’ retirement system plan 2" and
"school employees’ retirement system plan 3" mean the benefits and funding provisions under chapter 41.35 RCW.
(7) "Washington state patrol retirement system" means
the retirement benefits provided under chapter 43.43 RCW.
(8) "Unfunded liability" means the unfunded actuarial
accrued liability of a retirement system.
(9) "Actuary" or "state actuary" means the state actuary
employed under chapter 44.44 RCW.
(10) "State retirement systems" means the retirement
systems listed in RCW 41.50.030.
(11) "Classified employee" means a member of the
Washington school employees’ retirement system plan 2 or
plan 3 as defined in RCW 41.35.010.
(12) "Teacher" means a member of the teachers’ retirement system as defined in *RCW 41.32.010(15).
(13) "Select committee" means the select committee on
pension policy created in RCW 41.04.276.
(14) "Actuarial value of assets" means the value of pension plan investments and other property used by the actuary
for the purpose of an actuarial valuation.
(15) "Public safety employees’ retirement system plan 2"
means the benefits and funding provisions established under
chapter 41.37 RCW.
41.45.120
41.45.130
41.45.150
41.45.155
41.45.158
41.45.200
41.45.203
41.45.207
41.45.230
41.45.233
41.45.900
41.45.902
41.45.010
Effective date—2009 c 561: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009."
[2009 c 561 § 9.]
Effective date—2005 c 370 §§ 2 and 4: See note following RCW
41.45.060.
[Title 41 RCW—page 292]
Expiration date—2005 c 370 §§ 1 and 3: See note following RCW
41.45.060.
Effective date—2004 c 242: See RCW 41.37.901.
Expiration date—2001 2nd sp.s. c 11 §§ 1 and 7: "Sections 1, 7, and
*18 of this act expire March 1, 2002." [2001 2nd sp.s. c 11 § 20.]
*Reviser’s note: Section 18 of this act was vetoed.
Effective date—2001 2nd sp.s. c 11: "Sections 2, 3, 4, 8, 13, 14, and
16 of this act take effect March 1, 2002." [2001 2nd sp.s. c 11 § 21.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.45.020
(2010 Ed.)
Actuarial Funding of State Retirement Systems
(16) "Normal cost" means the portion of the actuarial
present value of projected benefits and expenses that is allocated to a period, typically twelve months, under the actuarial
cost method. [2006 c 365 § 1. Prior: 2004 c 242 § 37; 2004
c 93 § 1; 2003 c 295 § 8; 2002 c 26 § 4; prior: 2001 2nd sp.s.
c 11 § 4; 2001 2nd sp.s. c 11 § 3; 2000 c 247 § 502; 1998 c
341 § 402; 1998 c 283 § 1; 1995 c 239 § 306; 1989 c 273 § 2.]
*Reviser’s note: RCW 41.32.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (15) to subsection (25).
Effective date—2006 c 365: "This act takes effect July 1, 2009." [2006
c 365 § 5.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.45.030 State actuary to submit information on the
experience and financial condition of each retirement system—Adoption of long-term economic assumptions. (1)
Beginning September 1, 2007, and every two years thereafter, the state actuary shall submit to the council information
regarding the experience and financial condition of each state
retirement system, and make recommendations regarding the
long-term economic assumptions set forth in RCW
41.45.035. The council shall review this and such other
information as it may require.
(2) By October 31, 2007, and every two years thereafter,
the council, by affirmative vote of four councilmembers, may
adopt changes to the long-term economic assumptions established in RCW 41.45.035. Any changes adopted by the council shall be subject to revision by the legislature.
The council shall consult with the economic and revenue
forecast supervisor and the executive director of the state
investment board, and shall consider long-term historical
averages, in reviewing possible changes to the economic
assumptions.
(3) The assumptions and the asset value smoothing technique established in RCW 41.45.035, as modified in the
future by the council or legislature, shall be used by the state
actuary in conducting all actuarial studies of the state retirement systems, including actuarial fiscal notes under RCW
44.44.040. The assumptions shall also be used for the administration of benefits under the retirement plans listed in RCW
41.45.020, pursuant to timelines and conditions established
by department rules. [2007 c 280 § 1; 2001 2nd sp.s. c 11 §
5; 1995 c 233 § 1; 1993 c 519 § 17; 1989 c 273 § 3.]
41.45.030
Effective date—2001 2nd sp.s. c 11: "Except under section 21 of this
act, this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect July 1, 2001." [2001 2nd sp.s. c 11 § 22.]
Additional notes found at www.leg.wa.gov
41.45.035 Long-term economic assumptions—Asset
value smoothing technique. (1) Beginning July 1, 2001, the
following long-term economic assumptions shall be used by
the state actuary for the purposes of RCW 41.45.030:
41.45.035
(2010 Ed.)
41.45.050
(a) The growth in inflation assumption shall be 3.5 percent;
(b) The growth in salaries assumption, exclusive of merit
or longevity increases, shall be 4.5 percent;
(c) The investment rate of return assumption shall be 8
percent; and
(d) The growth in system membership assumption shall
be 1.25 percent for the public employees’ retirement system,
the public safety employees’ retirement system, the school
employees’ retirement system, and the law enforcement
officers’ and firefighters’ retirement system. The assumption
shall be .90 percent for the teachers’ retirement system.
(2) Beginning July 1, 2009, the growth in salaries
assumption for the public employees’ retirement system, the
public safety employees’ retirement system, the teachers’
retirement system, the school employees’ retirement system,
plan 1 of the law enforcement officers’ and firefighters’
retirement system, and the Washington state patrol retirement
system, exclusive of merit or longevity increases, shall be the
sum of:
(a) The growth in inflation assumption in subsection
(1)(a) of this section; and
(b) The productivity growth assumption of 0.5 percent.
(3)(a) Beginning with actuarial studies done after July 1,
2003, changes to plan asset values that vary from the longterm investment rate of return assumption shall be recognized
in the actuarial value of assets over a period that varies up to
eight years depending on the magnitude of the deviation of
each year’s investment rate of return relative to the long-term
rate of return assumption. Beginning with actuarial studies
performed after July 1, 2004, the actuarial value of assets
shall not be greater than one hundred thirty percent of the
market value of assets as of the valuation date or less than
seventy percent of the market value of assets as of the valuation date. Beginning April 1, 2004, the council, by affirmative vote of four councilmembers, may adopt changes to this
asset value smoothing technique. Any changes adopted by
the council shall be subject to revision by the legislature.
(b) The state actuary shall periodically review the appropriateness of the asset smoothing method in this section and
recommend changes to the council as necessary. Any
changes adopted by the council shall be subject to revision by
the legislature. [2009 c 561 § 2; 2004 c 93 § 2; 2003 1st sp.s.
c 11 § 1; 2001 2nd sp.s. c 11 § 6.]
Effective date—2009 c 561: See note following RCW 41.45.010.
Effective date—2003 1st sp.s. c 11: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2003." [2003 1st sp.s. c 11 § 4.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
41.45.050 Contributions to be based on rates established in this chapter—Allocation formula for contributions. (1) Employers of members of the public employees’
retirement system, the teachers’ retirement system, the school
employees’ retirement system, the public safety employees’
retirement system, and the Washington state patrol retirement
system shall make contributions to those systems based on
the rates established in RCW 41.45.060 and 41.45.070.
41.45.050
[Title 41 RCW—page 293]
41.45.060
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) The state shall make contributions to the law enforcement officers’ and firefighters’ retirement system plan 2
based on the rates established in RCW 41.45.060 and
41.45.070. The state treasurer shall transfer the required contributions each month on the basis of salary data provided by
the department.
(3) The department shall bill employers, and the state
shall make contributions to the law enforcement officers’ and
firefighters’ retirement system plan 2, using the combined
rates established in RCW 41.45.060 and 41.45.070 regardless
of the level of appropriation provided in the biennial budget.
Any member of an affected retirement system may, by mandamus or other appropriate proceeding, require the transfer
and payment of funds as directed in this section.
(4) The contributions received for the public employees’
retirement system shall be allocated between the public
employees’ retirement system plan 1 fund and the public
employees’ retirement system combined plan 2 and plan 3
fund as follows: The contributions necessary to fully fund
the public employees’ retirement system combined plan 2
and plan 3 employer contribution shall first be deposited in
the public employees’ retirement system combined plan 2
and plan 3 fund. All remaining public employees’ retirement
system employer contributions shall be deposited in the public employees’ retirement system plan 1 fund.
(5) The contributions received for the teachers’ retirement system shall be allocated between the plan 1 fund and
the combined plan 2 and plan 3 fund as follows: The contributions necessary to fully fund the combined plan 2 and plan
3 employer contribution shall first be deposited in the combined plan 2 and plan 3 fund. All remaining teachers’ retirement system employer contributions shall be deposited in the
plan 1 fund.
(6) The contributions received for the school employees’
retirement system shall be allocated between the public
employees’ retirement system plan 1 fund and the school
employees’ retirement system combined plan 2 and plan 3
fund as follows: The contributions necessary to fully fund
the combined plan 2 and plan 3 employer contribution shall
first be deposited in the combined plan 2 and plan 3 fund. All
remaining school employees’ retirement system employer
contributions shall be deposited in the public employees’
retirement system plan 1 fund.
(7) The contributions received for the law enforcement
officers’ and firefighters’ retirement system plan 2 shall be
deposited in the law enforcement officers’ and firefighters’
retirement system plan 2 fund.
(8) The contributions received for the public safety
employees’ retirement system shall be allocated between the
public employees’ retirement system plan 1 fund and the
public safety employees’ retirement system plan 2 fund as
follows: The contributions necessary to fully fund the plan 2
employer contribution shall first be deposited in the plan 2
fund. All remaining public safety employees’ retirement system employer contributions shall be deposited in the public
employees’ retirement system plan 1 fund. [2004 c 242 § 38;
2002 c 26 § 5; 2001 2nd sp.s. c 11 § 8; (2001 2nd sp.s. c 11 §
7 expired March 1, 2002); 2000 c 247 § 503; 1998 c 341 §
403; 1995 c 239 § 308; 1989 c 273 § 5.]
Effective date—2004 c 242: See RCW 41.37.901.
[Title 41 RCW—page 294]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Expiration date—2001 2nd sp.s. c 11 §§ 1 and 7: See note following
RCW 41.45.010.
Effective date—2001 2nd sp. s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.45.060 Basic state and employer contribution
rates—Methods used—Role of council—Role of state
actuary. (1) The state actuary shall provide preliminary
actuarial valuation results based on the economic assumptions and asset value smoothing technique included in RCW
41.45.035 or adopted under RCW 41.45.030 or 41.45.035.
(2) Not later than July 31, 2008, and every two years
thereafter, consistent with the economic assumptions and
asset value smoothing technique included in RCW 41.45.035
or adopted under RCW 41.45.030 or 41.45.035, the council
shall adopt and may make changes to:
(a) A basic state contribution rate for the law enforcement officers’ and firefighters’ retirement system plan 1;
(b) Basic employer contribution rates for the public
employees’ retirement system, the teachers’ retirement system, and the Washington state patrol retirement system; and
(c) Basic employer contribution rates for the school
employees’ retirement system and the public safety employees’ retirement system for funding both those systems and the
public employees’ retirement system plan 1.
The council may adopt annual rate changes for any plan
for any rate-setting period. The contribution rates adopted by
the council shall be subject to revision by the legislature.
(3) The employer and state contribution rates adopted by
the council shall be the level percentages of pay that are
needed:
(a) To fully amortize the total costs of the law enforcement officers’ and firefighters’ retirement system plan 1 not
later than June 30, 2024;
(b) To fully fund the public employees’ retirement system plans 2 and 3, the teachers’ retirement system plans 2 and
3, the public safety employees’ retirement system plan 2, and
the school employees’ retirement system plans 2 and 3 in
accordance with RCW 41.45.061, 41.45.067, and this section; and
(c) To fully fund the public employees’ retirement system plan 1 and the teachers’ retirement system plan 1 in
accordance with RCW 41.45.070, 41.45.150, and this section.
(4) The aggregate actuarial cost method shall be used to
calculate a combined plan 2 and 3 normal cost, a Washington
state patrol retirement system normal cost, and a public safety
employees’ retirement system normal cost.
(5) A modified entry age normal cost method, as set forth
in this chapter, shall be used to calculate employer contributions to the public employees’ retirement system plan 1 and
the teachers’ retirement system plan 1.
41.45.060
(2010 Ed.)
Actuarial Funding of State Retirement Systems
(6) The employer contribution rate for the public
employees’ retirement system and the school employees’
retirement system shall equal the sum of:
(a) The amount required to pay the combined plan 2 and
plan 3 normal cost for the system, subject to any minimum
rates applied pursuant to RCW 41.45.155; plus
(b) The amount required to amortize the unfunded actuarial accrued liability in plan 1 of the public employees’
retirement system over a rolling ten-year period using projected future salary growth and growth in system membership, and subject to any minimum or maximum rates applied
pursuant to RCW 41.45.150; plus
(c) The amounts required to amortize the costs of any
benefit improvements in plan 1 of the public employees’
retirement system that become effective after June 30, 2009.
The cost of each benefit improvement shall be amortized
over a fixed ten-year period using projected future salary
growth and growth in system membership. The amounts
required under this subsection are not subject to, and are collected in addition to, any minimum or maximum rates applied
pursuant to RCW 41.45.150.
(7) The employer contribution rate for the public safety
employees’ retirement system shall equal the sum of:
(a) The amount required to pay the normal cost for the
system, subject to any minimum rates applied pursuant to
RCW 41.45.155; plus
(b) The amount required to amortize the unfunded actuarial accrued liability in plan 1 of the public employees’
retirement system over a rolling ten-year period using projected future salary growth and growth in system membership, and subject to any minimum or maximum rates applied
pursuant to RCW 41.45.150; plus
(c) The amounts required to amortize the costs of any
benefit improvements in plan 1 of the public employees’
retirement system that become effective after June 30, 2009.
The cost of each benefit improvement shall be amortized
over a fixed ten-year period using projected future salary
growth and growth in system membership. The amounts
required under this subsection are not subject to, and are collected in addition to, any minimum or maximum rates applied
pursuant to RCW 41.45.150.
(8) The employer contribution rate for the teachers’
retirement system shall equal the sum of:
(a) The amount required to pay the combined plan 2 and
plan 3 normal cost for the system, subject to any minimum
rates applied pursuant to RCW 41.45.155; plus
(b) The amount required to amortize the unfunded actuarial accrued liability in plan 1 of the teachers’ retirement
system over a rolling ten-year period using projected future
salary growth and growth in system membership, and subject
to any minimum or maximum rates applied pursuant to RCW
41.45.150; plus
(c) The amounts required to amortize the costs of any
benefit improvements in plan 1 of the teachers’ retirement
system that become effective after June 30, 2009. The cost of
each benefit improvement shall be amortized over a fixed
ten-year period using projected future salary growth and
growth in system membership. The amounts required under
this subsection are not subject to, and are collected in addition to, any minimum or maximum rates applied pursuant to
RCW 41.45.150.
(2010 Ed.)
41.45.0604
(9) The council shall immediately notify the directors of
the office of financial management and department of retirement systems of the state and employer contribution rates
adopted. The rates shall be effective for the ensuing biennial
period, subject to any legislative modifications.
(10) The director shall collect those rates adopted by the
council. The rates established in RCW 41.45.062, or by the
council, shall be subject to revision by the legislature.
(11) The state actuary shall prepare final actuarial valuation results based on the economic assumptions, asset value
smoothing technique, and contribution rates included in or
adopted under RCW 41.45.030, 41.45.035, and this section.
[2009 c 561 § 3; 2007 c 280 § 2; 2005 c 370 § 2; (2005 c 370
§ 1 expired July 1, 2006); 2004 c 242 § 39. Prior: 2003 c 294
§ 10; 2003 c 92 § 3; 2002 c 26 § 2; prior: 2001 2nd sp.s. c 11
§ 10; 2001 c 329 § 10; 2000 2nd sp.s. c 1 § 905; 2000 c 247 §
504; prior: 1998 c 341 § 404; 1998 c 340 § 11; 1998 c 283 §
6; 1995 c 239 § 309; 1993 c 519 § 19; 1992 c 239 § 2; 1990 c
18 § 1; 1989 c 273 § 6.]
Effective date—2009 c 561: See note following RCW 41.45.010.
Effective date—2005 c 370 §§ 2 and 4: "Sections 2 and 4 of this act
take effect July 1, 2006." [2005 c 370 § 8.]
Effective date—2005 c 370 §§ 1, 3, and 6: "Sections 1, 3, and 6 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005." [2005 c 370 § 7.]
Expiration date—2005 c 370 §§ 1 and 3: "Sections 1 and 3 of this act
expire July 1, 2006." [2005 c 370 § 9.]
Effective date—2004 c 242: See RCW 41.37.901.
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 c 329: See note following RCW 43.43.120.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.45.0604
41.45.0604 Contribution rates—Law enforcement
officers’ and firefighters’ retirement system plan 2. (1)
Not later than July 31, 2008, and every even-numbered year
thereafter, the law enforcement officers’ and firefighters’
plan 2 retirement board shall adopt contribution rates for the
law enforcement officers’ and firefighters’ retirement system
plan 2 as provided in RCW 41.26.720(1)(a).
(2) The law enforcement officers’ and firefighters’ plan
2 retirement board shall immediately notify the directors of
the office of financial management and department of retirement systems of the state, employer, and employee rates
adopted. Thereafter, the director shall collect those rates
adopted by the board. The rates shall be effective for the
ensuing biennial period, subject to any legislative modifications. [2007 c 280 § 3; 2003 c 92 § 4.]
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
[Title 41 RCW—page 295]
41.45.061
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.45.061 Required contribution rates for plan 2
members. (1) The required contribution rate for members of
the plan 2 teachers’ retirement system shall be fixed at the
rates in effect on July 1, 1996, subject to the following:
(a) Beginning September 1, 1997, except as provided in
(b) of this subsection, the employee contribution rate shall
not exceed the employer plan 2 and 3 rates adopted under
RCW 41.45.060, *41.45.054, and 41.45.070 for the teachers’
retirement system;
(b) In addition, the employee contribution rate for plan 2
shall be increased by fifty percent of the contribution rate
increase caused by any plan 2 benefit increase passed after
July 1, 1996;
(c) In addition, the employee contribution rate for plan 2
shall not be increased as a result of any distributions pursuant
to section 309, chapter 341, Laws of 1998 and **RCW
41.31A.020.
(2) The required contribution rate for members of the
school employees’ retirement system plan 2 shall equal the
school employees’ retirement system employer plan 2 and 3
contribution rate adopted under RCW 41.45.060, *41.45.054,
and 41.45.070, except as provided in subsection (3) of this
section.
(3) The member contribution rate for the school employees’ retirement system plan 2 shall be increased by fifty percent of the contribution rate increase caused by any plan 2
benefit increase passed after September 1, 2000.
(4) The required contribution rate for members of the
public employees’ retirement system plan 2 shall be set at the
same rate as the employer combined plan 2 and plan 3 rate.
(5) The required contribution rate for members of the
law enforcement officers’ and firefighters’ retirement system
plan 2 shall be set at fifty percent of the cost of the retirement
system.
(6) The employee contribution rates for plan 2 under
subsections (3) and (4) of this section shall not include any
increase as a result of any distributions pursuant to RCW
**41.31A.020 and ***41.31A.030.
(7) The required plan 2 and 3 contribution rates for
employers shall be adopted in the manner described in RCW
41.45.060, *41.45.054, and 41.45.070.
(8) The required contribution rate for members of the
public safety employees’ retirement system plan 2 shall be
set at fifty percent of the cost of the retirement system.
(9) Concurrently with the adoption of employer contribution rates, the state actuary shall calculate the required contribution rates for plan 2 members, which are fixed in accordance with this section. Upon adoption of employer contribution rates, the state actuary shall immediately notify the
directors of the office of financial management and department of retirement systems of the required contribution rates
for members, which shall be effective for the ensuing ratesetting period. [2007 c 280 § 4; 2004 c 242 § 40. Prior: 2001
2nd sp.s. c 11 § 13; 2001 2nd sp.s. c 11 § 12; 2001 c 180 § 1;
prior: 2000 c 247 § 506; 2000 c 230 § 2; 1998 c 341 § 405;
1997 c 10 § 2; 1995 c 239 § 311.]
41.45.061
Reviser’s note: *(1) RCW 41.45.054 was decodified pursuant to 2005
c 370 § 5, effective September 1, 2005.
**(2) RCW 41.31A.020 was repealed by 2007 c 491 § 13 without cognizance of its amendment by 2007 c 491 § 1. For rule of construction concerning sections amended and repealed in the same legislative session, see
RCW 1.12.025.
[Title 41 RCW—page 296]
***(3) RCW 41.31A.030 was repealed by 2007 c 491 § 13, effective
January 2, 2008.
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—2001 c 180 §§ 1 and 2: "Sections 1 and 2 of this act
take effect March 1, 2002." [2001 c 180 § 6.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—2000 c 230: See note following RCW 41.35.630.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Additional notes found at www.leg.wa.gov
41.45.062 Annual contribution rate increases—
Employer, state, and plan 2 members. The basic employer
and state contribution rates and required plan 2 member contribution rates are changed to reflect the 2003 actuarial valuation and actuarial projections of the 2005 actuarial valuation, both of which incorporate the 2002 actuarial experience
study conducted by the office of the state actuary for 19952000. This contribution rate schedule departs from the normal biennial process for setting contribution rates by requiring annual increases in rates during the 2005-2007 biennium,
and by requiring annual rates to be adopted by the pension
funding council for the 2007-2009 biennium. The rates are
lower in the 2005-2007 biennium than required by the 2003
actuarial valuation and will be higher in the 2007-2009 biennium than required by the projected 2005 actuarial valuation.
Upon completion of the 2005 actuarial valuation, the
pension funding council and the state actuary shall review the
appropriateness of the contribution rates for 2007-2008 and
2008-2009 and by September 30, 2006, the pension funding
council shall adopt contribution rates to complete the fouryear phase-in schedule, adjusted for any material changes in
benefits or actuarial assumptions, methods, or experience.
This contribution rate schedule also requires a departure from
the allocation formula for contributions in RCW 41.45.050,
suspension of payments on the unfunded liability in the public employees’ retirement system and the teachers’ retirement
system during the 2005-2007 biennium, and a delay in the
recognition of the cost of future gain-sharing benefits until
the 2007-2009 biennium.
(1) Beginning July 1, 2005, the following employer contribution rate shall be charged: 2.25 percent for the public
employees’ retirement system.
(2) Beginning September 1, 2005, the following
employer contribution rates shall be charged:
(a) 2.75 percent for the school employees’ retirement
system; and
(b) 2.73 percent for the teachers’ retirement system.
(3) Beginning July 1, 2005, the following member contribution rate shall be charged: 2.25 percent for the public
employees’ retirement system plan 2.
(4) Beginning September 1, 2005, the following member
contribution rates shall be charged:
(a) 2.75 percent for the school employees’ retirement
system plan 2; and
(b) 2.48 percent for the teachers’ retirement system plan
2.
41.45.062
(2010 Ed.)
Actuarial Funding of State Retirement Systems
(5) The contribution rates in subsections (1) through (4)
of this section shall be collected through June 30, 2006, for
the public employees’ retirement system, and August 31,
2006, for the school employees’ retirement system and the
teachers’ retirement system.
(6) Beginning July 1, 2006, the following employer contribution rate shall be charged: 3.50 percent for the public
employees’ retirement system.
(7) Beginning September 1, 2006, the following
employer contribution rates shall be charged:
(a) 3.75 percent for the school employees’ retirement
system; and
(b) 3.25 percent for the teachers’ retirement system.
(8) Beginning July 1, 2006, the following member contribution rate shall be charged: 3.50 percent for the public
employees’ retirement system plan 2.
(9) Beginning September 1, 2006, the following member
contribution rates shall be charged:
(a) 3.75 percent for the school employees’ retirement
system plan 2; and
(b) 3.00 percent for the teachers’ retirement system plan
2.
(10) During the 2005 interim, the select committee on
pension policy shall study the options available to the legislature for addressing the liability associated with future gainsharing benefits. These options may include, but shall not be
limited to, repealing, delaying, or suspending the gain-sharing provisions in law; making gain-sharing discretionary; or
replacing gain-sharing benefits with other benefits such as
plan choice, employer defined contributions, retirement eligibility enhancements, and postretirement adjustments. The
select committee on pension policy shall report the findings
and recommendations of its study to the legislative fiscal
committees by no later than December 15, 2005. [2005 c 370
§ 6.]
Effective date—2005 c 370 §§ 1, 3, and 6: See note following RCW
41.45.060.
41.45.0621 Plan 1 unfunded accrued actuarial liabilities—Contributions in addition to RCW 41.45.062—
Intent. (1) It is the intent of the legislature to provide for the
systematic funding of the plan 1 unfunded accrued actuarial
liabilities in a manner that promotes contribution rate adequacy and stability for the affected systems. The rates established in this section shall be collected in addition to the rates
established pursuant to RCW 41.45.062.
(2) Beginning September 1, 2006, a 1.29 percent contribution is established as part of the basic state and employer
contribution rate for the teachers’ retirement system, to be
used for the sole purpose of amortizing the unfunded accrued
actuarial liability in the teachers’ retirement system plan 1.
(3) Beginning September 1, 2006, a 0.87 percent contribution is established as part of the basic state and employer
contribution rate for the school employees’ retirement system, to be used for the sole purpose of amortizing the
unfunded accrued actuarial liability in the public employees’
retirement system plan 1.
(4) Beginning January 1, 2007, a 1.77 percent contribution is established as part of the basic state and employer contribution rate for the public employees’ retirement system
and the public safety employees’ retirement system, to be
41.45.0621
(2010 Ed.)
41.45.0631
used for the sole purpose of amortizing the unfunded accrued
actuarial liability in the public employees’ retirement system
plan 1.
(5) The contribution rates in this section shall be collected through June 30, 2007, for the public employees’
retirement system and the public safety employees’ retirement system and August 31, 2007, for the teachers’ retirement system and the school employees’ retirement system.
(6) Upon completion of the 2005 actuarial valuation, the
pension funding council and the state actuary shall review the
contribution rates for the plan 1 unfunded actuarial accrued
liability for fiscal year 2008 and fiscal year 2009 and by September 30, 2006, the pension funding council shall adopt
contribution rates to complete the three-year phase-in schedule, adjusted for any material changes in benefits or actuarial
assumptions, methods, and experience. The expected present
value of projected contributions during the three-year phasein period shall be the same as the expected present value of
projected contributions that would have been collected without the phase-in, as determined by the state actuary and
adjusted for any material changes in benefits or actuarial
assumptions, methods, or experience. [2006 c 56 § 3.]
Effective dates—2006 c 56: See note following RCW 41.45.230.
41.45.0631 Washington state patrol retirement system—Contribution rate—Allocation of costs. (1) The
allocation of costs between the employer and members of the
Washington state patrol retirement system shall be made only
after the application of any minimum total contribution rate
that may be in effect for the system under subsection (4) of
this section. For benefit improvements effective on or after
July 1, 2007, costs shall be shared equally by members and
the employer, and any cap on member contributions shall be
adjusted accordingly. The member contribution rate shall be
based on the adjusted total contribution rate described in subsection (2) of this section. Beginning July 1, 2007, the
required member contribution rate for members of the Washington state patrol retirement system shall be the lesser of the
following: (a) One-half of the adjusted total contribution rate
for the system; or (b) seven percent, plus fifty percent of the
contribution rate increase caused by any benefit improvements effective on or after July 1, 2007.
(2) The employer shall continue to pay for all costs
attributable to distributions under RCW 43.43.270(2) for survivors of members who became disabled under RCW
43.43.040(2) prior to July 1, 2006, until such costs are fully
paid. In order to avoid charging members for these costs, the
total required contribution rate shall be adjusted to exclude
these costs. The result of the adjustment shall be the adjusted
total contribution rate that is to be used to calculate the
required member contribution rate.
(3) The employer rate shall be the contribution rate
required to cover all total system costs that are not covered by
the member contribution rate.
(4) Beginning July 1, 2009, a minimum total contribution rate is established for the Washington state patrol retirement system. The total Washington state patrol retirement
system contribution rate may exceed, but may not drop
below, the established minimum total contribution rate.
From July 1, 2009, through June 30, 2011, the minimum total
41.45.0631
[Title 41 RCW—page 297]
41.45.067
Title 41 RCW: Public Employment, Civil Service, and Pensions
contribution rate shall equal the total contribution rate
required to fund fifty percent of the Washington state patrol
retirement system’s normal cost as calculated under the entry
age normal cost method. Beginning July 1, 2011, the minimum total contribution rate shall equal the total contribution
rate required to fund seventy percent of the Washington state
patrol retirement system’s normal cost as calculated under
the entry age normal cost method. This minimum rate, when
applicable, shall be collected in addition to any contribution
rate required to amortize any unfunded costs attributable to
distributions under RCW 43.43.270(2) for survivors of members who became disabled under RCW 43.43.040(2) prior to
July 1, 2006.
(5) Upon completion of each biennial actuarial valuation, the state actuary shall review the appropriateness of this
minimum total contribution rate and recommend to the council any adjustments as may be needed. Any changes adopted
by the council shall be subject to revision by the legislature.
[2009 c 561 § 7. Prior: 2007 c 300 § 1; 2007 c 280 § 5; 2006
c 94 § 2; 2001 c 329 § 11.]
Effective date—2009 c 561: See note following RCW 41.45.010.
Effective date—2007 c 300: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007."
[2007 c 300 § 3.]
Effective date—2001 c 329: See note following RCW 43.43.120.
41.45.067 Failure of state or employer to make
required contribution—Resulting increase in contribution rate borne in full by state or employer—Members’
contribution deducted each payroll period. (1) Any
increase in the contribution rate required as the result of a
failure of the state or of an employer to make any contribution required by this section shall be borne in full by the state
or by that employer not making the contribution.
(2) The director shall notify all employers of any pending adjustment in the required contribution rate and such
pending adjustment in the required contribution rate and any
increase shall be announced at least thirty days prior to the
effective date of the change.
(3) Members’ contributions required by RCW 41.45.060
and 41.45.061 shall be deducted from the members’ compensation each payroll period. The members’ contribution and
the employers’ contribution shall be remitted directly to the
department within fifteen days following the end of the calendar month during which the payroll period ends.
(4) The state’s contribution required for the law enforcement officers’ and firefighters’ retirement system plan 2 shall
be transferred to the appropriate fund from the total contributions transferred by the state treasurer under RCW 41.45.050.
[2001 2nd sp.s. c 11 § 14; 2000 c 247 § 507.]
41.45.067
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.45.070 Supplemental rate. (1) In addition to the
basic employer contribution rate established in RCW
41.45.060 or *41.45.054, the department shall also charge
employers of public employees’ retirement system, teachers’
retirement system, school employees’ retirement system,
41.45.070
[Title 41 RCW—page 298]
public safety employees’ retirement system, or Washington
state patrol retirement system members an additional supplemental rate to pay for the cost of additional benefits, if any,
granted to members of those systems. Except as provided in
subsections (6), (7), and (9) of this section, the supplemental
contribution rates required by this section shall be calculated
by the state actuary and shall be charged regardless of language to the contrary contained in the statute which authorizes additional benefits.
(2) In addition to the basic member, employer, and state
contribution rate established in RCW 41.45.0604 for the law
enforcement officers’ and firefighters’ retirement system
plan 2, the department shall also establish supplemental rates
to pay for the cost of additional benefits, if any, granted to
members of the law enforcement officers’ and firefighters’
retirement system plan 2. Except as provided in subsection
(6) of this section, these supplemental rates shall be calculated by the actuary retained by the law enforcement officers’
and firefighters’ board and the state actuary through the process provided in RCW 41.26.720(1)(a) and the state treasurer
shall transfer the additional required contributions regardless
of language to the contrary contained in the statute which
authorizes the additional benefits.
(3) Beginning July 1, 2009, the supplemental rate
charged under this section to fund benefit increases provided
to active members of the public employees’ retirement system plan 1 and the teachers’ retirement system plan 1 shall be
calculated as the level percentage of all system pay needed to
fund the cost of the benefit over a fixed ten-year period, using
projected future salary growth and growth in system membership. The supplemental rate to fund benefit increases provided to active members of the public employees’ retirement
system plan 1 shall be charged to all system employers in the
public employees’ retirement system, the school employees’
retirement system, and the public safety employees’ retirement system. The supplemental rate to fund benefit increases
provided to active members of the teachers’ retirement system plan 1 shall be charged to all system employers in the
teachers’ retirement system.
(4) The supplemental rate charged under this section to
fund benefit increases provided to active and retired members
of the public employees’ retirement system plan 2 and plan 3,
the teachers’ retirement system plan 2 and plan 3, the public
safety employees’ retirement system plan 2, the school
employees’ retirement system plan 2 and plan 3, or the Washington state patrol retirement system shall be calculated as
the level percentage of all members’ pay needed to fund the
cost of the benefit, as calculated under RCW 41.45.060,
41.45.061, 41.45.0631, or 41.45.067.
(5) The supplemental rate charged under this section to
fund postretirement adjustments which are provided on a
nonautomatic basis to current retirees shall be calculated as
the percentage of pay needed to fund the adjustments as they
are paid to the retirees. Beginning July 1, 2009, the supplemental rate charged under this section to fund increases in the
automatic postretirement adjustments for active or retired
members of the public employees’ retirement system plan 1
and the teachers’ retirement system plan 1 shall be calculated
as the level percentage of pay needed to fund the cost of the
automatic adjustments over a fixed ten-year period, using
projected future salary growth and growth in system mem(2010 Ed.)
Actuarial Funding of State Retirement Systems
bership. The supplemental rate to fund increases in the automatic postretirement adjustments for active members or
retired members of the public employees’ retirement system
plan 1 shall be charged to all system employers in the public
employees’ retirement system, the school employees’ retirement system, and the public safety employees’ retirement
system. The supplemental rate to fund increases in automatic
postretirement adjustments for active members or retired
members of the teachers’ retirement system plan 1 shall be
charged to all system employers in the teachers’ retirement
system.
(6) A supplemental rate shall not be charged to pay for
the cost of additional benefits granted to members pursuant to
chapter 340, Laws of 1998.
(7) A supplemental rate shall not be charged to pay for
the cost of additional benefits granted to members pursuant to
**chapter 41.31A RCW; section 309, chapter 341, Laws of
1998; or section 701, chapter 341, Laws of 1998.
(8) A supplemental rate shall not be charged to pay for
the cost of additional benefits granted to members and survivors pursuant to chapter 94, Laws of 2006.
(9) A supplemental rate shall not be charged to pay for
the cost of the additional benefits granted to members of the
teachers’ retirement system and the school employees’ retirement system plans 2 and 3 in sections 2, 4, 6, and 8, chapter
491, Laws of 2007 until September 1, 2008. A supplemental
rate shall not be charged to pay for the cost of the additional
benefits granted to members of the public employees’ retirement system plans 2 and 3 under sections 9 and 10, chapter
491, Laws of 2007 until July 1, 2008. [2009 c 561 § 4; 2007
c 491 § 12; 2006 c 94 § 3; (2005 c 327 § 10 expired July 1,
2006); 2004 c 242 § 41. Prior: (2003 1st sp.s. c 11 § 3
repealed by 2005 c 327 § 11); 2003 c 92 § 5; prior: 2001 2nd
sp.s. c 11 § 16; 2001 2nd sp.s. c 11 § 15; 2000 c 247 § 505;
1998 c 340 § 10; 1995 c 239 § 310; 1990 c 18 § 2; 1989 1st
ex.s. c 1 § 1; 1989 c 273 § 7.]
Reviser’s note: *(1) RCW 41.45.054 was decodified by 2005 c 370 §
5, effective September 1, 2005.
**(2) Chapter 41.31A RCW was repealed by 2007 c 491 § 13, effective
January 2, 2008, however, RCW 41.31A.020 was also amended by 2007 c
491 § 1 and 2007 c 492 § 10. For rule of construction, see RCW 1.12.025(1).
Effective date—2009 c 561: See note following RCW 41.45.010.
Severability—Conflict with federal requirements—2007 c 491: See
notes following RCW 41.32.765.
Effective date—2006 c 94 § 3: "Section 3 of this act takes effect July
1, 2006." [2006 c 94 § 4.]
Expiration date—2005 c 327 § 10: "Section 10 of this act expires July
1, 2006." [2005 c 327 § 13.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—2003 1st sp.s. c 11: See note following RCW
41.45.035.
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
41.45.110
41.45.080 Additional contributions may be required.
In addition to the basic and supplemental employer contributions required by RCW 41.45.060, *41.45.053, and
41.45.070, the department may also require additional
employer contributions as provided by law. [2001 2nd sp.s. c
11 § 17; 1989 c 273 § 8.]
41.45.080
*Reviser’s note: RCW 41.45.053 was repealed by 2002 c 7 § 2.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
41.45.090 Collection of actuarial data. The department shall collect and keep in convenient form such data as
shall be necessary for an actuarial valuation of the assets and
liabilities of the state retirement systems, and for making an
actuarial investigation into the mortality, service, compensation, and other experience of the members and beneficiaries
of those systems. The department and state actuary shall
enter into a memorandum of understanding regarding the
specific data the department will collect, when it will be collected, and how it will be maintained. The department shall
notify the state actuary of any changes it makes, or intends to
make, in the collection and maintenance of such data.
At least once in each six-year period, the state actuary
shall conduct an actuarial experience study of the mortality,
service, compensation and other experience of the members
and beneficiaries of each state retirement system, and into the
financial condition of each system. The results of each investigation shall be filed with the department, the office of financial management, the budget writing committees of the
Washington house of representatives and senate, the select
committee on pension policy, and the pension funding council. Upon the basis of such actuarial investigation the department shall adopt such tables, schedules, factors, and regulations as are deemed necessary in the light of the findings of
the actuary for the proper operation of the state retirement
systems. [2003 c 295 § 9; 1998 c 283 § 7; 1989 c 273 § 9.]
41.45.090
41.45.100 Pension funding council—Created. (1) The
pension funding council is hereby created. The council consists of the:
(a) Director of the department of retirement systems;
(b) Director of the office of financial management;
(c) Chair and ranking minority member of the house of
representatives appropriations committee; and
(d) Chair and ranking minority member of the senate
ways and means committee.
The council may select officers as the members deem
necessary.
(2) The pension funding council shall adopt changes to
economic assumptions and contribution rates by an affirmative vote of at least four members. [1998 c 283 § 2.]
41.45.100
41 . 45 .1 1 0 P en sio n fun ding c o unc il—Au dit s
required—Select committee on pension policy. The pension funding council shall solicit and administer a biennial
actuarial audit of the preliminary and final actuarial valuations used for employer and member rate-setting purposes.
This audit will be conducted concurrent with the actuarial
valuation performed by the state actuary. At least once in
each six-year period, the pension funding council shall solicit
and administer an actuarial audit of the results of the experi41.45.110
[Title 41 RCW—page 299]
41.45.120
Title 41 RCW: Public Employment, Civil Service, and Pensions
ence study required in RCW 41.45.090. Upon receipt of the
results of the preliminary actuarial audits required by this
section, and at least thirty days prior to adopting contribution
rates, the pension funding council shall submit the results to
the select committee on pension policy. [2007 c 280 § 6;
2003 c 295 § 10; 1998 c 283 § 3.]
41.45.120 Pension funding work group. (1) A pension
funding work group is hereby created. The work group shall
consist of one staff member selected by the executive head or
chairperson of each of the following agencies or committees:
(a) Department of retirement systems;
(b) Office of financial management;
(c) State investment board;
(d) Ways and means committee of the senate;
(e) Appropriations committee of the house of representatives; and
(f) Economic and revenue forecast council.
(2) The state actuary shall make available to the work
group information related to economic assumptions and contribution rates.
(3) The pension funding work group shall provide support to the pension funding council. Meetings of the pension
funding work group may be called by any member of the
group for the purpose of assisting the pension funding council, reviewing actuarial valuations of the state retirement systems, reviewing economic assumptions, or for any other purpose which may assist the pension funding council.
(4) Recommendations from both affected employee and
employer groups will be actively sought during the work
group process. The work group shall conduct an open public
meeting on these recommendations. [1998 c 283 § 4.]
41.45.120
41.45.130 Public employees’ retirement system plan
2 assets divided—Assets transferred to school employees’
retirement system. Upon the advice of the state actuary, the
state treasurer shall divide the assets in the public employees’
retirement system plan 2 as of September 1, 2000, in such a
manner that sufficient assets remain in plan 2 to maintain the
employee contribution rate calculated in the latest actuarial
valuation of the public employees’ retirement system plan 2.
The state actuary shall take into account changes in assets
that occur between the latest actuarial valuation and the date
of transfer. The balance of the assets shall be transferred to
the Washington school employees’ retirement system plan 2
and 3. [1998 c 341 § 407.]
41.45.130
Additional notes found at www.leg.wa.gov
41.45.150 Unfunded liabilities—Employer contribution rates. (1) Beginning July 1, 2009, and ending June 30,
2015, maximum annual contribution rates are established for
the portion of the employer contribution rate for the public
employees’ retirement system and the public safety employees’ retirement system that is used for the sole purpose of
amortizing that portion of the unfunded actuarial accrued liability in the public employees’ retirement system plan 1 that
excludes any amounts required to amortize plan 1 benefit
improvements effective after June 30, 2009. The maximum
rates are:
41.45.150
[Title 41 RCW—page 300]
Fiscal Year ending:
2010
2011
2012
1.25% 1.25% 3.75%
2013
4.50%
2014
5.25%
2015
6.00%
(2) Beginning September 1, 2009, and ending August 31,
2015, maximum annual contribution rates are established for
the portion of the employer contribution rate for the school
employees’ retirement system that is used for the sole purpose of amortizing that portion of the unfunded actuarial
accrued liability in the public employees’ retirement system
plan 1 that excludes any amounts required to amortize plan 1
benefit improvements effective after June 30, 2009. The
maximum rates are:
Fiscal Year ending:
2010
2011
2012
1.25% 1.25% 3.75%
2013
4.50%
2014
5.25%
2015
6.00%
(3) Beginning September 1, 2009, and ending August 31,
2015, maximum annual contribution rates are established for
the portion of the employer contribution rate for the teachers’
retirement system that is used for the sole purpose of amortizing that portion of the unfunded actuarial accrued liability in
the teachers’ retirement system plan 1 that excludes any
amounts required to amortize plan 1 benefit improvements
effective after June 30, 2009. The maximum rates are:
Fiscal Year ending:
2010
2011
2012
2.04% 2.04% 6.50%
2013
7.50%
2014
8.50%
2015
9.50%
(4) Beginning July 1, 2015, a minimum 5.25 percent
contribution is established as part of the basic employer contribution rate for the public employees’ retirement system
and the public safety employees’ retirement system, to be
used for the sole purpose of amortizing that portion of the
unfunded actuarial accrued liability in the public employees’
retirement system plan 1 that excludes any amounts required
to amortize plan 1 benefit improvements effective after June
30, 2009. This minimum contribution rate shall remain
effective until the actuarial value of assets in plan 1 of the
public employees’ retirement system equals one hundred percent of the actuarial accrued liability.
(5) Beginning September 1, 2015, a minimum 5.25 percent contribution is established as part of the basic employer
contribution rate for the school employees’ retirement system, to be used for the sole purpose of amortizing that portion
of the unfunded actuarial accrued liability in the public
employees’ retirement system plan 1 that excludes any
amounts required to amortize plan 1 benefit improvements
effective after June 30, 2009. This minimum contribution
rate shall remain effective until the actuarial value of assets in
plan 1 of the public employees’ retirement system equals one
hundred percent of the actuarial accrued liability.
(6) Beginning September 1, 2015, a minimum 8.00 percent contribution is established as part of the basic employer
contribution rate for the teachers’ retirement system, to be
used for the sole purpose of amortizing that portion of the
unfunded actuarial accrued liability in the teachers’ retirement system plan 1 that excludes any amounts required to
amortize plan 1 benefit improvements effective after June 30,
(2010 Ed.)
Actuarial Funding of State Retirement Systems
2009. This minimum contribution rate shall remain effective
until the actuarial value of assets in plan 1 of the teachers’
retirement system equals one hundred percent of the actuarial
accrued liability.
(7) Upon completion of each biennial actuarial valuation, the state actuary shall review the appropriateness of the
minimum contribution rates and recommend to the council
any adjustments as may be needed due to material changes in
benefits or actuarial assumptions, methods, or experience.
Any changes adopted by the council shall be subject to revision by the legislature. [2010 1st sp.s. c 26 § 7; 2009 c 561 §
5; 2006 c 365 § 2.]
Effective date—2009 c 561: See note following RCW 41.45.010.
Effective date—2006 c 365: See note following RCW 41.45.020.
41.45.155 Certain plans 2 and 3 normal costs—Minimum basic employer contribution rates. (1) Beginning
July 1, 2011, a minimum contribution rate is established for
the plans 2 and 3 normal cost as part of the basic employer
contribution rate for the public employees’ retirement system. The minimum contribution rate for the plans 2 and 3
employer normal cost shall equal the total contribution rate
required to fund eighty percent of the plans 2 and 3 employer
normal cost as calculated under the entry age normal cost
method. This minimum rate, when applicable, shall be collected in addition to any contribution rate required to amortize past gain-sharing distributions in plan 3.
(2) Beginning July 1, 2011, a minimum contribution rate
is established for the plan 2 normal cost as part of the basic
employer contribution rate for the public safety employees’
retirement system. The minimum contribution rate for the
plan 2 normal cost shall equal the total contribution rate
required to fund eighty percent of the plan 2 normal cost as
calculated under the entry age normal cost method.
(3) Beginning September 1, 2011, a minimum contribution rate is established for the plans 2 and 3 normal cost as
part of the basic employer contribution rate for the school
employees’ retirement system. The minimum contribution
rate for the plans 2 and 3 employer normal cost shall equal the
total contribution rate required to fund eighty percent of the
plans 2 and 3 employer normal cost as calculated under the
entry age normal cost method. This minimum rate, when
applicable, shall be collected in addition to any contribution
rate required to amortize past gain-sharing distributions in
plan 3.
(4) Beginning September 1, 2011, a minimum contribution rate is established for the plans 2 and 3 normal cost as
part of the basic employer contribution rate for the teachers’
retirement system. The minimum contribution rate for the
plans 2 and 3 employer normal cost shall equal the total contribution rate required to fund eighty percent of the plans 2
and 3 employer normal cost as calculated under the entry age
normal cost method. This minimum rate, when applicable,
shall be collected in addition to any contribution rate required
to amortize past gain-sharing distributions in plan 3.
(5) Upon completion of each biennial actuarial valuation, the state actuary shall review the appropriateness of
these minimum contribution rates and recommend to the
council any adjustments as may be needed due to material
changes in benefits or actuarial assumptions, methods, or
41.45.155
(2010 Ed.)
41.45.200
experience. Any changes adopted by the council shall be
subject to revision by the legislature. [2009 c 561 § 6; 2006
c 365 § 3.]
Effective date—2009 c 561: See note following RCW 41.45.010.
Effective date—2006 c 365: See note following RCW 41.45.020.
41.45.158 Certain plans 2 and 3 normal costs—Minimum member contribution rates. (1) Beginning July 1,
2009, a minimum contribution rate is established for the
plans 2 and 3 normal cost as part of the required contribution
rate for members of plan 2 of the public employees’ retirement system. The minimum contribution rate for the plans 2
and 3 employee normal cost shall equal the total contribution
rate required to fund eighty percent of the plans 2 and 3
employee normal cost as calculated under the entry age normal cost method.
(2) Beginning September 1, 2009, a minimum contribution rate is established for the plans 2 and 3 normal cost as
part of the required contribution rate for members of plan 2 of
the school employees’ retirement system. The minimum
contribution rate for the plans 2 and 3 employee normal cost
shall equal the total contribution rate required to fund eighty
percent of the plans 2 and 3 employee normal cost as calculated under the entry age normal cost method.
(3) Beginning September 1, 2009, a minimum contribution rate is established for the plans 2 and 3 normal cost as
part of the required contribution rate for members of plan 2 of
the teachers’ retirement system. The minimum contribution
rate for the plans 2 and 3 employee normal cost shall equal
the total contribution rate required to fund eighty percent of
the plans 2 and 3 employee normal cost as calculated under
the entry age normal cost method.
(4) Upon completion of each biennial actuarial valuation, the state actuary shall review the appropriateness of
these minimum contribution rates and recommend to the legislature any adjustments as may be needed due to material
changes in benefits or actuarial assumptions, methods, or
experience. [2006 c 365 § 4.]
41.45.158
Effective date—2006 c 365: See note following RCW 41.45.020.
41.45.200 Contribution rates for certain justices and
judges—Public employees’ retirement system. (1) The
required employer contribution rate in support of public
employees’ retirement system members employed as
supreme court justices, court of appeals judges, and superior
court judg es w ho elect to parti cipat e un der R CW
41.40.124(1) or 41.40.870(1), or who are newly elected or
appointed after January 1, 2007, shall consist of the public
employees’ retirement system employer contribution rate
established under this chapter plus two and one-half percent
of pay.
(2) The required contribution rate for members of the
public employees’ retirement system plan 2 employed as
supreme court justices, court of appeals judges, and superior
court judg es w ho elect to parti cipat e un der R CW
41.40.124(1) or 41.40.870(1), or who are newly elected or
appointed after January 1, 2007, shall be two hundred fifty
percent of the member contribution rate for the public
employees’ retirement system plan 2 established under this
chapter less two and one-half percent of pay.
41.45.200
[Title 41 RCW—page 301]
41.45.203
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) The required contribution rate for members of the
public employees’ retirement system plan 1 employed as
supreme court justices, court of appeals judges, and superior
court judg es w ho elect to parti cipate under R CW
41.40.124(1), or who are newly elected or appointed after
January 1, 2007, shall be the contribution rate established
under RCW 41.40.330 plus three and seventy-six one-hundredths percent of pay. [2006 c 189 § 17.]
Effective date—2006 c 189: See note following RCW 2.14.115.
41.45.203 Contribution rates for certain justices and
judges—Teachers’ retirement system. (1) The required
employer contribution rate in support of teachers’ retirement
system members employed as supreme court justices, court
of appeals judges, and superior court judges who elect to participate under RCW 41.32.584(1), or who are newly elected
or appointed after January 1, 2007, shall equal the teachers’
retirement system employer contribution rate established
under this chapter.
(2) The required contribution rate for members of the
teachers’ retirement system plan 1 employed as supreme
court justices, court of appeals judges, and superior court
judges who elect to participate under RCW 41.32.584(1), or
who are newly elected or appointed after January 1, 2007,
shall be the deductions established under RCW 41.50.235
plus three and seventy-six one-hundredths percent of pay.
[2007 c 492 § 12; 2006 c 189 § 18.]
41.45.203
Effective date—2006 c 189: See note following RCW 2.14.115.
41.45.207 Contribution rates for certain district or
municipal court judges—Public employees’ retirement
system. (1) The required employer contribution rate in support of public employees’ retirement system members
employed as district court judges and municipal court judges
who elect to participate under RCW 41.40.127(1) or
41.40.873(1), or who are newly elected or appointed after
January 1, 2007, shall equal the public employees’ retirement
system employer contribution rate established under this
chapter.
(2) The required contribution rate for members of the
public employees’ retirement system plan 2 employed as district court judges or municipal court judges who elect to participate under RCW 41.40.127(1) or 41.40.873(1), or who are
newly elected or appointed after January 1, 2007, shall be two
hundred fifty percent of the member contribution rate for the
public employees’ retirement system plan 2 established under
this chapter.
(3) The required contribution rate for members of the
public employees’ retirement system plan 1 employed as district court judges or municipal court judges who elect to participate under RCW 41.40.124(1), or who are newly elected
or appointed after January 1, 2007, shall be the contribution
rate established under RCW 41.40.330 plus six and twentysix one-hundredths percent of pay. [2006 c 189 § 19.]
41.45.207
account may be used only for payment of state government
employer contributions for members of the public employees’ retirement system, the teachers’ retirement system, the
school employees’ retirement system, and the public safety
employees’ retirement system. During the 2007-09 fiscal
biennium, expenditures from the account may also be used
for payment of the retirement and annuity plans for higher
education employees and for transfer into the general fund.
The account may not be used to pay for any new benefit or for
any benefit increase that takes effect after July 1, 2005. An
increase that is provided in accordance with a formula that is
in existence on July 1, 2005, is not considered a benefit
increase for this purpose. Moneys in the account shall be for
the exclusive use of the specified retirement systems and
invested by the state investment board pursuant to RCW
43.33A.030 and 43.33A.170. For purposes of RCW
43.135.035, expenditures from the pension funding stabilization account shall not be considered a state program cost shift
from the state general fund to another account. During the
2007-2009 fiscal biennium, the legislature may transfer from
the pension funding stabilization account to the state general
fund such amounts as reflect the excess fund balance of the
account. [2009 c 564 § 1808; 2008 c 329 § 910; 2006 c 56 §
1.]
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—Effective date—2008 c 329: See notes following RCW
28B.105.110.
Effective dates—2006 c 56: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 15, 2006], except section 10 of this act, which takes effect July 1,
2006." [2006 c 56 § 13.]
41.45.233 Pension funding stabilization account—
State investment board. (1) The state investment board has
the full power to invest, reinvest, manage, contract, sell, or
exchange investment moneys in the pension funding stabilization account. The pension funding stabilization account
shall be considered to be a public pension or retirement fund
within the meaning of Article XXIX, section 1 of the state
Constitution, for the purpose of determining eligible investments and deposits of the moneys therein. All investment
and operating costs associated with the investment of money
shall be paid pursuant to RCW 43.33A.160 and 43.84.160.
With the exception of these expenses, the earnings from the
investment of the money shall be retained by the account.
(2) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care pursuant to RCW 43.33A.140 and the investment
policies established by the state investment board.
(3) As deemed appropriate by the state investment board,
moneys in the account may be commingled for investment
with other funds subject to investment by the board. [2006 c
56 § 2.]
41.45.233
Effective dates—2006 c 56: See note following RCW 41.45.230.
Effective date—2006 c 189: See note following RCW 2.14.115.
41.45.900 Severability—1989 c 273. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 273 § 32.]
41.45.900
41.45.230 Pension funding stabilization account—
Creation. The pension funding stabilization account is created in the state treasury. Moneys in the account may be
spent only after appropriation. Expenditures from the
41.45.230
[Title 41 RCW—page 302]
(2010 Ed.)
Acceptance of Old Age and Survivors’ Insurance—1941 Act
41.48.010
41.45.902 Severability—2001 2nd sp.s. c 11. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [2001 2nd sp.s. c 11 § 19.]
group of officials or employees for any reason, such inapplicability shall not prevent the same from becoming applicable
as herein provided to the other officials and employees
embraced herein. [1941 c 205 § 4; Rem. Supp. 1941 §
9998-60. Formerly RCW 74.40.040.]
Chapter 41.47 RCW
ACCEPTANCE OF OLD AGE AND SURVIVORS’
INSURANCE—1941 ACT
41.47.050 Contingent effective date. This chapter
shall take effect at the time and in the manner provided by the
state Constitution unless at that time the federal social security act has not been amended to cover officials and employees of the state, county, city and other municipal corporations
and political subdivisions, in which event it shall take effect
and become operative on the first day of the second month
following the month when such federal act shall become
applicable to such state officials and employees. [1941 c 205
§ 5; Rem. Supp. 1941 § 9998-61. Formerly RCW 74.40.050.]
41.45.902
Chapter 41.47
Sections
41.47.010
41.47.020
41.47.030
41.47.040
41.47.050
Benefits of federal act accepted.
Wage deductions.
Operation of statute limited.
Severability as to coverage.
Contingent effective date.
Designation of agency to carry out federal social security disability program: RCW 43.17.120, 43.17.130.
41.47.050
Chapter 41.48
41.47.010 Benefits of federal act accepted. The state
of Washington in behalf of all its eligible officials and
employees and the eligible officials and employees of all its
counties, cities and towns, and of any and all other of its
municipal corporations and political subdivisions which levy
taxes and employ and pay salaries and wages to officials and
employees including public utility districts, hereby accepts
the benefits of the old age and survivors’ insurance benefit
provisions of the federal social security act, whenever the
provisions of such act are extended to embrace such officials
and employees. [1941 c 205 § 1; Rem. Supp. 1941 §
9998-57. Formerly RCW 74.40.010.]
41.47.010
41.47.020 Wage deductions. Any and all officials and
boards having charge of the preparation of payrolls and payment of salaries and wages to such eligible officials and
employees are hereby authorized and directed to make payroll and salary and wage deductions and to handle and dispose of the same as required by such federal act; and any official or board being authorized to disburse funds respectively
for the office, department or division of the state, county, city
or town, or other municipal corporation or political subdivision in which any such eligible official or employee is
employed is authorized to pay and disburse out of any funds
available for the operation and maintenance of such office,
department or division such sums and dispose of and handle
the same in such manner as is required and necessary to make
payments and benefits of said federal act available to such
eligible officials and employees. [1941 c 205 § 2; Rem.
Supp. 1941 § 9998-58. Formerly RCW 74.40.020.]
41.47.020
41.47.030 Operation of statute limited. Nothing contained in this chapter shall deprive any person of benefits
under any existing pension system, nor repeal, amend, modify or supersede any law, charter amendment or ordinance
establishing or pertaining to an existing pension system.
[1941 c 205 § 3; Rem. Supp. 1941 § 9998-59. Formerly RCW
74.40.030.]
41.47.030
41.47.040 Severability as to coverage. If it is found by
any judicial authority of competent jurisdiction that the provisions of this chapter may not become applicable to any
41.47.040
(2010 Ed.)
Chapter 41.48 RCW
FEDERAL SOCIAL SECURITY
FOR PUBLIC EMPLOYEES
Sections
41.48.010
41.48.020
41.48.030
41.48.040
41.48.050
41.48.060
41.48.065
41.48.070
41.48.080
41.48.090
41.48.100
41.48.110
41.48.120
41.48.130
41.48.140
41.48.150
41.48.160
41.48.170
41.48.180
Purpose—Construction.
Definitions.
Agreement with the federal secretary of health and human services.
Employees’ contributions.
Extension of social security benefits to employees of political
subdivisions—Termination, procedure.
OASI contribution account.
OASI revolving fund.
Employees may elect.
Administration costs—Allocation.
Rules and regulations.
Governor may delegate authority.
Legislative declaration—Payments to state employees on
account of sickness.
Sick leave account created—Payments to state employees on
account of sickness—Exclusion from wages.
Sick leave payments—Accounting plan and payroll procedures.
Establishment of sick leave rules by personnel authorities.
Definition—"Employee."
Political subdivisions—Sick leave payments—Adoption of
accounting plan and payroll procedures.
Sick leave payments—Transfers of moneys to sick leave
account.
Sick leave payments—Inclusion in reports to retirement system—Compensation for unused sick leave.
Acceptance of old age and survivors’ insurance: Chapter 41.47 RCW.
Application forms—Licenses—Mention of race or religion prohibited—Penalty: RCW 43.01.100.
Hours and wages of department of social and health services personnel:
RCW 72.01.042, 72.01.043.
Plan for OASI coverage of members of
state employees’ retirement system: Chapter 41.41 RCW.
teachers’ retirement system: Chapter 41.33 RCW.
Trusts for employee benefits: Chapter 49.64 RCW.
41.48.010 Purpose—Construction. In order to extend
to employees of the state and its political subdivisions and to
the dependents and survivors of such employees, the basic
protection accorded to others by the old age and survivors
insurance system embodied in the social security act, it is
hereby declared to be the policy of the legislature, subject to
the limitations of this chapter, that such steps be taken as to
provide such protection to employees of the state and its
political subdivisions on as broad a basis as is permitted
41.48.010
[Title 41 RCW—page 303]
41.48.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
under the social security act. Persons now members of or protected by any state or local pension or retirement plan or system may be covered under the federal social security act only
as provided by the federal social security act amendments of
1954. (Public Law No. 761.) It is hereby declared to be the
policy of the legislature in enacting the succeeding sections
of this title that the protection afforded the employees in positions covered by a retirement system on the date an agreement under this title is made applicable to service performed
in such positions, or receiving periodic benefits under such
retirement system at such time, will not be impaired as the
result of making the agreements so applicable whether the
agreement provides for supplementation, integration or coordination. [1955 ex.s. c 4 § 1; 1951 c 184 § 1.]
41.48.020
41.48.020 Definitions. For the purposes of this chapter:
(1) "Wages" means all remuneration for employment as
defined herein, including the cash value of all remuneration
paid in any medium other than cash, except that such term
shall not include that part of such remuneration which, even
if it were for "employment" within the meaning of the federal
insurance contributions act, would not constitute "wages"
within the meaning of that act;
(2) "Employment" means any service performed by an
employee in the employ of the state, or any political subdivision thereof, for such employer, except (a) service which in
the absence of an agreement entered into under this chapter
would constitute "employment" as defined in the social security act; or (b) service which under the social security act may
not be included in an agreement between the state and the
secretary of health, education, and welfare entered into under
this chapter;
(3) "Employee" includes all officers and employees of
the state or its political subdivisions except officials compensated on a fee basis;
(4) "Secretary of health, education, and welfare"
includes any individual to whom the secretary of health, education, and welfare has delegated any of his functions under
the social security act with respect to coverage under such act
of employees of states and their political subdivisions, and
with respect to any action taken prior to April 11, 1953,
includes the federal security administrator and any individual
to whom such administrator has delegated any such function;
(5) "Political subdivision" includes an instrumentality of
the state, of one or more of its political subdivisions, or of the
state and one or more of its political subdivisions. Such term
also includes a proprietary enterprise acquired, purchased or
originated by the state or any of its political subdivisions subsequent to December, 1950. Such a subdivision may elect to
accept federal OASI coverage under this chapter.
(6) "Federal insurance contributions act" means subchapter A of chapter 9 of the federal internal revenue code of
1939 and subchapters A and B of chapter 21 of the federal
internal revenue code of 1954, as such codes have been and
may from time to time be amended; and the term "employee
tax" means the tax imposed by section 1400 of such code of
1939 and section 3101 of such code of 1954. [1955 ex.s. c 4
§ 2; 1953 c 62 § 1; 1951 c 184 § 2.]
[Title 41 RCW—page 304]
41.48.030 Agreement with the federal secretary of
health and human services. (1) The governor is hereby
authorized to enter on behalf of the state into an agreement
with the federal secretary of health and human services consistent with the terms and provisions of this chapter, for the
purpose of extending the benefits of the federal old-age and
survivors insurance system to employees of the state or any
political subdivision not members of an existing retirement
system, or to members of a retirement system established by
the state or by a political subdivision thereof or by an institution of higher learning with respect to services specified in
such agreement which constitute "employment" as defined in
RCW 41.48.020. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective
date, modification and termination of the agreement, administration, and other appropriate provisions as the governor
and secretary of health and human services shall agree upon,
but, except as may be otherwise required by or under the
social security act as to the services to be covered, such
agreement shall provide in effect that:
(a) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and
survivors) on the same basis as though such services constituted employment within the meaning of Title II of the social
security act;
(b) The state will pay to the secretary of the treasury, at
such time or times as may be prescribed under the social
security act, contributions with respect to wages (as defined
in RCW 41.48.020), equal to the sum of the taxes which
would be imposed by the federal insurance contributions act
if the services covered by the agreement constituted employment within the meaning of that act;
(c) Such agreement shall be effective with respect to services in employment covered by the agreement or modification thereof performed after a date specified therein but in no
event may it be effective with respect to any such services
performed prior to the first day of the calendar year immediately preceding the calendar year in which such agreement or
modification of the agreement is accepted by the secretary of
health and human services;
(d) All services which constitute employment as defined
in RCW 41.48.020 and are performed in the employ of the
state by employees of the state, shall be covered by the agreement;
(e) All services which (i) constitute employment as
defined in RCW 41.48.020, (ii) are performed in the employ
of a political subdivision of the state, and (iii) are covered by
a plan which is in conformity with the terms of the agreement
and has been approved by the governor under RCW
41.48.050, shall be covered by the agreement;
(f) As modified, the agreement shall include all services
described in either (d) or (e) of this subsection and performed
by individuals to whom section 218(c)(3)(C) of the social
security act is applicable, and shall provide that the service of
any such individual shall continue to be covered by the agreement in case he or she thereafter becomes eligible to be a
member of a retirement system;
(g) As modified, the agreement shall include all services
described in either (d) or (e) of this subsection and performed
by individuals in positions covered by a retirement system
with respect to which the governor has issued a certificate to
41.48.030
(2010 Ed.)
Federal Social Security for Public Employees
the secretary of health and human services pursuant to subsection (5) of this section; and
(h) Law enforcement officers and firefighters of each
political subdivision of this state who are covered by the
Washington law enforcement officers’ and firefighters’
retirement system act, chapter 41.26 RCW, shall constitute a
separate "coverage group" for purposes of the agreement
entered into under this section and for purposes of section
218 of the social security act.
(2) Any instrumentality jointly created by this state and
any other state or states is hereby authorized, upon the granting of like authority by such other state or states, (a) to enter
into an agreement with the secretary of health and human services whereby the benefits of the federal old-age and survivors insurance system shall be extended to employees of such
instrumentality, (b) to require its employees to pay (and for
that purpose to deduct from their wages) contributions equal
to the amounts which they would be required to pay under
RCW 41.48.040(1) if they were covered by an agreement
made pursuant to subsection (1) of this section, and (c) to
make payments to the secretary of the treasury in accordance
with such agreement, including payments from its own funds,
and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, be consistent with the
terms and provisions of subsection (1) of this section and
other provisions of this chapter.
(3) The governor is empowered to authorize a referendum, and to designate an agency or individual to supervise its
conduct, in accordance with the requirements of section
218(d)(3) of the social security act, and subsection (4) of this
section on the question of whether service in all positions
covered by a retirement system established by the state or by
a political subdivision thereof should be excluded from or
included under an agreement under this chapter. If a retirement system covers positions of employees of the state of
Washington, of the institutions of higher learning, and positions of employees of one or more of the political subdivisions of the state, then for the purpose of the referendum as
provided in this section, there may be deemed to be a separate
retirement system with respect to employees of the state, or
any one or more of the political subdivisions, or institutions
of higher learning and the governor shall authorize a referendum upon request of the subdivisions’ or institutions’ of
higher learning governing body: PROVIDED HOWEVER,
That if a referendum of state employees generally fails to produce a favorable majority vote then the governor may authorize a referendum covering positions of employees in any
state department who are compensated in whole or in part
from grants made to this state under Title III of the federal
social security act: PROVIDED, That any city or town affiliated with the statewide city employees retirement system
organized under chapter 41.44 RCW may at its option agree
to a plan submitted by the board of trustees of that statewide
city employees retirement system for inclusion under an
agreement under this chapter if the referendum to be held as
provided in this section indicates a favorable result: PROVIDED FURTHER, That the teachers’ retirement system be
considered one system for the purpose of the referendum
except as applied to the several *colleges of education. The
notice of referendum required by section 218(d)(3)(C) of the
social security act to be given to employees shall contain or
(2010 Ed.)
41.48.030
shall be accompanied by a statement, in such form and such
detail as the agency or individual designated to supervise the
referendum shall deem necessary and sufficient, to inform the
employees of the rights which will accrue to them and their
dependents and survivors, and the liabilities to which they
will be subject, if their services are included under an agreement under this chapter.
(4) The governor, before authorizing a referendum, shall
require the following conditions to be met:
(a) The referendum shall be by secret written ballot on
the question of whether service in positions covered by such
retirement system shall be excluded from or included under
the agreement between the governor and the secretary of
health and human services provided for in subsection (1) of
this section;
(b) An opportunity to vote in such referendum shall be
given and shall be limited to eligible employees;
(c) Not less than ninety days’ notice of such referendum
shall be given to all such employees;
(d) Such referendum shall be conducted under the supervision of the governor or of an agency or individual designated by the governor;
(e)(i) The proposal for coverage shall be approved only
if a majority of the eligible employees vote in favor of including services in such positions under the agreement;
(ii) Coverage obtained through a divided referendum
process shall extend coverage to law enforcement officers,
firefighters, and employees of political subdivisions of this
state, who have membership in a qualified retirement system,
allowing them to obtain medicare coverage only (HI-only).
In such a divided referendum process, those members voting
in favor of medicare coverage constitute a separate coverage
group;
(f) The state legislature, in the case of a referendum
affecting the rights and liabilities of state employees covered
under the state employees’ retirement system and employees
under the teachers’ retirement system, and in all other cases
the local legislative authority or governing body, shall have
specifically approved the proposed plan and approved any
necessary structural adjustment to the existing system to conform with the proposed plan;
(g) In the case of a referendum authorized under section
218(d)(6) of the social security act and (e)(ii) of this subsection, the retirement system will be divided into two parts or
divisions. One part or division of the retirement system shall
be composed of positions of those members of the system
who desire coverage under the agreement as permitted by this
section. The remaining part or division of the retirement system shall be composed of positions of those members who do
not desire coverage under such an agreement. Each part or
division is a separate retirement system for the purposes of
section 218(d) of the social security act. The positions of
individuals who become members of the system after the
coverage is extended shall be included in the part or division
of the system composed of members desiring the coverage,
with the exception of positions that are excluded in the agreement.
(5) Upon receiving satisfactory evidence that with
respect to any such referendum the conditions specified in
subsection (4) of this section and section 218(d)(3) of the
[Title 41 RCW—page 305]
41.48.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
social security act have been met, the governor shall so certify to the secretary of health and human services.
(6) If the legislative body of any political subdivision of
this state certifies to the governor that a referendum has been
held under the terms of RCW 41.48.050(1)(i) and gives
notice to the governor of termination of social security for
any coverage group of the political subdivision, the governor
shall give two years advance notice in writing to the federal
department of health and human services of the termination
of the agreement entered into under this section with respect
to that coverage group. [2008 c 142 § 1; 2007 c 218 § 72;
1971 ex.s. c 257 § 19; 1967 c 5 § 1; 1957 c 170 § 1; 1955 ex.s.
c 4 § 3; 1951 c 184 § 3.]
*Reviser’s note: The "colleges of education" were redesignated state
colleges by 1961 c 62 § 1, formerly RCW 28.81.005, decodified in the 1969
education code. See also RCW 28B.10.016.
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.48.040 Employees’ contributions. (1) Every
employee of the state whose services are covered by an
agreement entered into under RCW 41.48.030 shall be
required to pay for the period of such coverage, into the *contribution fund established by RCW 41.48.060, contributions,
with respect to wages (as defined in RCW 41.48.020), equal
to the amount of employee tax which would be imposed by
the federal insurance contributions act if such services constituted employment within the meaning of that act. Such liability shall arise in consideration of the employees’ retention in
the service of the state, or his entry upon such service, after
the enactment of this chapter.
(2) The contribution imposed by this section shall be collected by deducting the amount of the contribution from
wages as and when paid, but failure to make such deduction
shall not relieve the employee from liability for such contribution.
(3) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with
respect to any remuneration, proper adjustments, or refund if
adjustment is impracticable, shall be made, without interest,
in such manner and at such times as the state agency shall
prescribe. [1955 ex.s. c 4 § 4; 1951 c 184 § 4.]
41.48.040
*Reviser’s note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
41.48.050 Extension of social security benefits to
employees of political subdivisions—Termination, procedure. (1) Each political subdivision of the state is hereby
authorized to submit for approval by the governor a plan for
extending the benefits of title II of the social security act, in
conformity with the applicable provisions of such act, to
those employees of such political subdivisions who are not
covered by an existing pension or retirement system. Each
pension or retirement system established by the state or a
political subdivision thereof is hereby authorized to submit
for approval by the governor a plan for extending the benefits
of title II of the social security act, in conformity with applicable provisions of such act, to members of such pension or
retirement system. Each such plan and any amendment
thereof shall be approved by the governor if he finds that such
41.48.050
[Title 41 RCW—page 306]
plan, or such plan as amended, is in conformity with such
requirements as are provided in regulations of the governor,
except that no such plan shall be approved unless—
(a) It is in conformity with the requirements of the social
security act and with the agreement entered into under RCW
41.48.030;
(b) It provides that all services which constitute employment as defined in RCW 41.48.020 and are performed in the
employ of the political subdivision by employees thereof,
shall be covered by the plan;
(c) It specifies the source or sources from which the
funds necessary to make the payments required by paragraph
(a) of subsection (3) and by subsection (4) of this section are
expected to be derived and contains reasonable assurance that
such sources will be adequate for such purposes;
(d) It provides that in the plan of coverage for members
of the state teachers’ retirement system or for state employee
members of the state employees’ retirement system, there
shall be no additional cost to or involvement of the state until
such plan has received prior approval by the legislature;
(e) It provides for such methods of administration of the
plan by the political subdivision as are found by the governor
to be necessary for the proper and efficient administration of
the plan;
(f) It provides that the political subdivision will make
such reports, in such form and containing such information,
as the governor may from time to time require and comply
with such provisions as the governor or the secretary of
health, education, and welfare may from time to time find
necessary to assure the correctness and verification of such
reports; and
(g) It authorizes the governor to terminate the plan in its
entirety, in his discretion, if he finds that there has been a failure to comply substantially with any provision contained in
such plan, such termination to take effect at the expiration of
such notice and on such conditions as may be provided by
regulations of the governor and may be consistent with the
provisions of the social security act.
(h) It provides that law enforcement officers and firefighters of each political subdivision of this state who are
covered by the Washington Law Enforcement Officers’ and
Firefighters’ Retirement System Act (chapter 209, Laws of
1969 ex. sess.) as now in existence or hereafter amended shall
constitute a separate "coverage group" for purposes of the
plan or agreement entered into under this section and for purposes of section 216 of the social security act. To the extent
that the plan or agreement entered into between the state and
any political subdivision of this state is inconsistent with this
subsection, the governor shall seek to modify the inconsistency.
(i) It provides that the plan or agreement may be terminated by any political subdivision as to any such coverage
group upon giving at least two years advance notice in writing to the governor, effective at the end of the calendar quarter specified in the notice. It shall specify that before notice of
such termination is given, a referendum shall be held among
the members of the coverage group under the following conditions:
(i) The referendum shall be conducted under the supervision of the legislative body of the political subdivision.
(2010 Ed.)
Federal Social Security for Public Employees
(ii) Not less than sixty days’ notice of such referendum
shall be given to members of the coverage group.
(iii) An opportunity to vote by secret ballot in such referendum shall be given and shall be limited to all members of
the coverage group.
(iv) The proposal for termination shall be approved only
if a majority of the coverage group vote in favor of termination.
(v) If a majority of the coverage group vote in favor of
termination, the legislative body of the political subdivision
shall certify the results of the referendum to the governor and
give notice of termination of such coverage group.
(2) The governor shall not finally refuse to approve a
plan submitted by a political subdivision under subsection
(1), and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby.
(3)(a) Each political subdivision as to which a plan has
been approved under this section shall pay into the *contribution fund, with respect to wages (as defined in RCW
41.48.020), at such time or times as the governor may by regulation prescribe, contributions in the amounts and at the
rates specified in the applicable agreement entered into by the
governor under RCW 41.48.030.
(b) Each political subdivision required to make payments under paragraph (a) of this subsection is authorized, in
consideration of the employee’s retention in, or entry upon,
employment after enactment of this chapter, to impose upon
each of its employees, as to services which are covered by an
approved plan, a contribution with respect to his wages (as
defined in RCW 41.48.020), not exceeding the amount of
employee tax which is imposed by the federal insurance contributions act, and to deduct the amount of such contribution
from his wages as and when paid. Contributions so collected
shall be paid into the *OASI contribution fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (a) of this subsection. Failure to
deduct such contribution shall not relieve the employee or
employer of liability therefor.
(4) Delinquent reports and payments due under paragraph (f) of subsection (1) and paragraph (a) of subsection (3)
of this section will be subject to an added interest charge of
six percent per year or, if higher, the rate chargeable to the
state by the secretary by virtue of federal law, if the late
report or payment contributes to any federal penalty for late
filing of reports or for late deposit of contributions. Delinquent contributions, interest and penalties may be recovered
by civil action or may, at the request of the governor, be
deducted from any other moneys payable to the political subdivision by any department or agency of the state. [1981 c
119 § 1; 1971 ex.s. c 257 § 20; 1955 ex.s. c 4 § 5; 1951 c 184
§ 5.]
*Reviser’s note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Law enforcement officers’ and firefighters’ retirement system: Chapter
41.26 RCW.
Public employees’ retirement system: Chapter 41.40 RCW.
Teachers’ retirement system: Chapter 41.32 RCW.
(2010 Ed.)
41.48.065
41.48.060 OASI contribution account. (1) There is
hereby established a special account in the state treasury to be
known as the OASI contribution account. Such account shall
consist of and there shall be deposited in such account: (a)
All contributions and penalties collected under RCW
41.48.040 and 41.48.050; (b) all moneys appropriated thereto
under this chapter; (c) any property or securities belonging to
the account; and (d) all sums recovered upon the bond of the
custodian or otherwise for losses sustained by the account
and all other moneys received for the account from any other
source. All moneys in the account shall be mingled and undivided. Subject to the provisions of this chapter, the governor
is vested with full power, authority and jurisdiction over the
account, including all moneys and property or securities
belonging thereto, and may perform any and all acts whether
or not specifically designated, which are necessary to the
administration thereof and are consistent with the provisions
of this chapter. During the 2009-2011 fiscal biennium, moneys in the OASI contribution account may also be transferred
into the OASI revolving fund.
(2) The OASI contribution account shall be established
and held separate and apart from any other funds of the state
and shall be used and administered exclusively for the purpose of this chapter. Withdrawals from such account shall be
made for, and solely for (a) payment of amounts required to
be paid to the secretary of the treasury pursuant to an agreement entered into under RCW 41.48.030; (b) payment of
refunds provided for in RCW 41.48.040(3); and (c) refunds
of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.
(3) From the OASI contribution account the custodian of
the fund [account] shall pay to the secretary of the treasury
such amounts and at such time or times as may be directed by
the governor in accordance with any agreement entered into
under RCW 41.48.030 and the social security act.
(4) The treasurer of the state shall be ex officio treasurer
and custodian of the OASI contribution account and shall
administer such account in accordance with the provisions of
this chapter and the directions of the governor and shall pay
all warrants drawn upon it in accordance with the provisions
of this section and with the regulations as the governor may
prescribe pursuant thereto. [2009 c 564 § 923; 1991 sp.s. c 13
§ 112; 1973 c 126 § 14; 1967 c 213 § 1; 1951 c 184 § 6.]
41.48.060
Effective date—2009 c 564: See note following RCW 2.68.020.
Additional notes found at www.leg.wa.gov
41.48.065 OASI revolving fund. (1) There is hereby
established a separate fund in the custody of the state treasurer to be known as the OASI revolving fund. The fund
shall consist of all moneys designated for deposit in the fund.
The OASI revolving fund shall be used exclusively for the
purpose of this section, including the costs of program
administration. Withdrawals from the fund may be made for
the payment of amounts the state may be obligated to pay or
forfeit by reason of any failure of any public agency to pay
assessments on contributions or interest assessments required
under the federal-state agreement under this chapter or federal regulations.
(2) All costs allocable to the administration of this chapter shall be charged to and paid to the OASI revolving fund
41.48.065
[Title 41 RCW—page 307]
41.48.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
by the participating divisions and instrumentalities of the
state pro rata according to their respective contributions.
(3) The treasurer of the state shall be ex officio treasurer
and custodian of the fund and shall administer the fund in
accordance with this chapter and the directions of the governor and shall pay all amounts drawn upon it in accordance
with this section and with the regulations the governor may
prescribe under this section. [2009 c 171 § 1; 1991 sp.s. c 13
§ 111; 1983 1st ex.s. c 6 § 1.]
Additional notes found at www.leg.wa.gov
41.48.070 Employees may elect. The governing body
of any political subdivision having any coverage group, as
the term is defined in title II of the social security act, not covered by a state or municipal retirement system may submit for
an advisory vote to the members of such coverage group the
question of whether they prefer coverage by federal old-age
and survivors insurance or coverage by a state or municipal
retirement system. [1951 c 184 § 7.]
41.48.070
41.48.080 Administration costs—Allocation. All
costs allocable to the administration of this chapter shall be
charged to and paid to the OASI revolving fund by the participating divisions and instrumentalities of the state pro rata
according to their respective contributions. [2009 c 171 § 2;
1951 c 184 § 9.]
41.48.080
41.48.090 Rules and regulations. The governor shall
make and publish such rules and regulations, not inconsistent
with the provisions of this chapter, as he finds necessary or
appropriate to the efficient administration of the functions
with which he is charged under this chapter. [1951 c 184 §
10.]
41.48.090
41.48.100 Governor may delegate authority. Any
authority conferred upon the governor by this chapter may be
exercised by an official or state agency designated by him.
[1951 c 184 § 11.]
41.48.100
41.48.110 Legislative declaration—Payments to state
employees on account of sickness. It is the policy of the
state of Washington to pay its employees on account of sickness or accident disability in accordance with applicable
leave regulations and in such a manner so such payments are
excluded from federal old age and survivors’ insurance contribution requirements. [1979 ex.s. c 247 § 3.]
cial management shall, by January 1, 1980, develop an
accounting plan and payroll procedures sufficient to meet the
requirements of federal statutes and regulations for the purpose of implementing RCW 41.48.120. [1979 c 152 § 2.]
Additional notes found at www.leg.wa.gov
41.48.140 Establishment of sick leave rules by personnel authorities. Nothing in RCW 41.48.120 or
41.48.130 shall affect the power of the Washington personnel
resources board or any other state personnel authority to
establish sick leave rules except as may be required under
RCW 41.48.120 or 41.48.130: PROVIDED, That each personnel board and personnel authority shall establish the maximum number of working days an employee under its jurisdiction may be absent on account of sickness or accident disability without a medical certificate.
"Personnel authority" as used in this section, means a
state agency, board, committee, or similar body having general authority to establish personnel rules. [1993 c 281 § 39;
1979 c 152 § 3.]
41.48.140
Additional notes found at www.leg.wa.gov
41.48.150 Definition—"Employee." "Employee," as
used in RCW 41.48.120 and 41.48.140, includes all officers
and employees of the state, except officials and employees
compensated on a fee basis, for whom contributions are made
to federal old age and survivors’ insurance. [1979 c 152 § 4.]
41.48.150
Additional notes found at www.leg.wa.gov
41.48.160 Political subdivisions—Sick leave payments—Adoption of accounting plan and payroll procedures. A political subdivision of the state may, pursuant to
ordinance or resolution, adopt an accounting plan and payroll
procedures sufficient to meet the requirements of federal statutes and regulations and the department of health, education,
and welfare for the purpose of excluding payments made on
account of sickness, from the meaning of "wages" under federal old age and survivors’ insurance. [1979 c 152 § 5.]
41.48.160
Additional notes found at www.leg.wa.gov
41.48.110
41.48.120 Sick leave account created—Payments to
state employees on account of sickness—Exclusion from
wages. There is created in the general fund a separate
account to be known as the sick leave account, to be used for
payments made after January 1, 1980, to state employees
made on account of sickness, for the purpose of excluding
such payments from the meaning of "wages" under federal
old age and survivors’ insurance. The legislature shall appropriate amounts necessary for the account. [1979 c 152 § 1.]
41.48.120
Additional notes found at www.leg.wa.gov
41.48.130 Sick leave payments—Accounting plan
and payroll procedures. The director of the office of finan41.48.130
[Title 41 RCW—page 308]
41.48.170 Sick leave payments—Transfers of moneys
to sick leave account. The office of financial management
shall direct the state treasurer to, and the state treasurer shall,
periodically transfer to the sick leave account in the general
fund moneys sufficient to reimburse the sick leave account
for payments on account of sickness. State agencies shall
place in allotment reserve status and cause to be lapsed at the
end of the biennium an amount equal to the sick leave pay
and the employer’s share of all federal old age and survivor’s
insurance payments rendered unnecessary by reason of RCW
41.48.120. When directing state agencies to place funds in
reserve status, the office of financial management shall promulgate allotment instructions which conserve, to the fullest
extent possible, state general fund appropriations. [1979
ex.s. c 247 § 2.]
41.48.170
41.48.180 Sick leave payments—Inclusion in reports
to retirement system—Compensation for unused sick
leave. Payments to employees pursuant to RCW 41.48.120
or 41.48.160 shall be included in compensation reported to
41.48.180
(2010 Ed.)
Department of Retirement Systems
the appropriate retirement system. Any compensation for
unused sick leave shall not be considered payment on
account of sickness and shall not be paid from the sick leave
account. [1979 c 152 § 6.]
Additional notes found at www.leg.wa.gov
41.50.265
41.50.270
41.50.500
41.50.510
41.50.520
Chapter 41.50 RCW
DEPARTMENT OF RETIREMENT SYSTEMS
Chapter 41.50
Sections
41.50.005
41.50.010
41.50.020
41.50.030
41.50.033
41.50.040
41.50.050
41.50.055
41.50.060
41.50.065
41.50.070
41.50.075
41.50.077
41.50.080
41.50.085
41.50.088
41.50.090
41.50.110
41.50.112
41.50.120
41.50.125
41.50.130
41.50.131
41.50.132
41.50.133
41.50.135
41.50.136
41.50.137
41.50.138
41.50.139
41.50.140
41.50.145
41.50.150
41.50.152
41.50.155
41.50.160
41.50.165
41.50.170
41.50.175
41.50.200
41.50.205
41.50.210
41.50.215
41.50.220
41.50.230
41.50.235
41.50.240
41.50.255
41.50.260
(2010 Ed.)
Policy and intent.
Definitions.
Department of retirement systems—Created—Director.
Transfer of powers, duties, and functions of certain systems,
administrators, and committees to department of retirement
systems.
Crediting interest to retirement system accounts.
Manner of selection and terms of transferred board members
not affected.
Powers, duties, and functions of director.
Director of retirement systems to administer Washington law
enforcement officers’ and firefighters’ retirement system—
Duties.
Delegation of powers, duties, and functions—Director’s
responsibilities.
Accumulated service credit—Annual notification to members.
Personnel.
Funds established.
State treasurer is custodian of funds.
Investment of funds of various systems.
Investments in accordance with established standards.
Duties of director—Retirement investments.
Department succeeds to and vested with transferred powers,
duties, and functions—Boards to be kept informed—
Approval of rules—Disability benefit applications.
Expenses of administration paid from department of retirement systems expense fund—Administrative expense fee.
Report of member data—Department-designed format.
Payment of moneys due department by employers—Interest.
Interest on contributions—Department may charge.
Correction of retirement systems’ records—Adjustment in
payment of benefits—Limitations.
Correction of errors in reporting compensation earnable.
Correction of erroneous deduction or pick-up of contributions.
Recovery of certain overpayments to surviving beneficiaries
under the teachers’ retirement system.
Collection of overpayments—Determination of liability—
Administrative process created.
Collection of overpayments—Issuance of warrant—Lien.
Collection of overpayments—Department may issue subpoenas.
Collection of overpayments—Waiver of overpayment.
Retirement status reports—Overpayments—Employer obligations.
Cooperation of employers in administration of systems—
Employer contributions for retroactive service credit—
Employee contributions paid by employer.
Plan 3—Loss of investment return due to error—Liability.
Retirement benefits based on excess compensation—
Employer liable for extra retirement costs.
Payment of excess compensation—Public notice requirements.
Erroneous withdrawals of contributions—Restoration.
Restoration of withdrawn contributions.
Establishing, restoring service credit—Conditions.
Notification of restoration rights.
Adoption of rules.
Subdivision of retirement system funds.
Records—Teachers’ retirement system annual report.
Medical director.
Teachers’ retirement system funds—Annual interest to be
credited.
Trustees, employees not to guarantee loans.
Employer reports to department.
Teachers’ retirement system salary deductions.
Duties of payroll officer.
Payment of legal and medical expenses of retirement systems.
Public employees’ retirement system funds created.
41.50.530
41.50.540
41.50.550
41.50.560
41.50.570
41.50.580
41.50.590
41.50.600
41.50.610
41.50.620
41.50.630
41.50.640
41.50.650
41.50.660
41.50.670
41.50.680
41.50.690
41.50.700
41.50.710
41.50.720
41.50.730
41.50.740
41.50.750
41.50.760
41.50.770
41.50.780
41.50.790
41.50.800
41.50.801
41.50.802
41.50.803
41.50.810
41.50.900
41.50.901
41.50.902
Chapter 41.50
Public employees’ retirement system funds—Report of the
state treasurer—Members may receive reports and statements.
Transmittal of total of public employees’ retirement system
members’ deductions.
Mandatory assignment of retirement benefits—Definitions.
Mandatory assignment of retirement benefits—Remedies—
Applicability.
Mandatory assignment of retirement benefits—Other remedies not limited.
Mandatory assignment of retirement benefits—Proceeding to
enforce spousal maintenance—Venue—Jurisdiction.
Mandatory assignment of retirement benefits—Notice to obligor.
Mandatory assignment of retirement benefits—Withdrawal of
accumulated contributions—Notice to obligee—Payment to
obligee.
Mandatory assignment of retirement benefits—Petition for
order.
Mandatory assignment of retirement benefits—Issuance of
order.
Mandatory assignment of retirement benefits—Order—Contents.
Mandatory assignment of retirement benefits—Order—Form.
Mandatory assignment of retirement benefits—Duties of
department.
Mandatory assignment of retirement benefits—Order—
Answer—Form.
Mandatory assignment of retirement benefits—Order—Service.
Mandatory assignment of retirement benefits—Hearing to
quash, modify, or terminate order.
Mandatory assignment of retirement benefits—Award of costs
to prevailing party.
Payments pursuant to court orders entered under prior law.
Mandatory assignment of retirement benefits—Rules.
Property division obligations—Direct payments pursuant to
court order.
Property division obligations—Processing fee.
Property division obligations—Obligee entitled to statement
of obligor’s retirement benefits—When.
Property division obligations—Cessation upon death of obligee or obligor—Payment treated as deduction from member’s periodic retirement payment.
Property division obligations—Remedies exclusive—Payment pursuant to court order defense against claims.
Payment of benefits—Restraining orders.
Retirement or termination agreement payments—Effect on
pension benefits calculation.
Retirement or termination agreement payments—Opportunity
to change payment options.
Retirement or termination agreement payments—Overpayments not required to be repaid.
Cost-of-living adjustments—Alternative calculation—Election.
Deferred compensation plans.
Deferred compensation principal and administrative accounts
created—Participation in deferred compensation plans—
Department’s duties.
Survivor benefits—Dissolution orders.
Apportionment of budgeted funds of affected agencies.
Continuation of rules, pending business, contracts, investments, etc.
Transfer of reports, documents, etc., property, funds, assets,
appropriations, etc.
Savings.
Blind mailings to retirees—Restrictions.
Severability—1975-’76 2nd ex.s. c 105.
Effective date—1987 c 326.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Director of retirement systems may obtain physician’s certificate relating to
the ability of an individual with a disability to drive a motor vehicle:
RCW 46.20.041.
Investment activities of state investment board, reports sent to: RCW
43.33A.150.
Investment board, director of retirement systems member of: RCW
43.33A.020.
Judicial retirement—Investment for supplemental retirement: RCW
2.14.080.
[Title 41 RCW—page 309]
41.50.005
Title 41 RCW: Public Employment, Civil Service, and Pensions
Judicial retirement board, director of retirement systems to exercise powers,
duties, and functions of: RCW 2.10.052.
Office of state actuary: Chapter 44.44 RCW.
State patrol retirement board, director of retirement systems to exercise
powers, duties, and functions of: RCW 43.43.142.
41.50.005 Policy and intent. The legislature sets forth
as retirement policy and intent:
(1) The retirement systems of the state shall provide similar benefits wherever possible.
(2) Persons hired into eligible positions shall accrue service credit for all service rendered.
(3) The calculation of benefits shall be done in such a
manner as to prevent the arithmetic lowering of benefits.
(4) Liberalization of the granting of service credit shall
not jeopardize part-time employment of retirees in ineligible
positions. [1991 c 343 § 2.]
41.50.005
Findings—1991 c 343: "The legislature finds:
(1) There is a dichotomy in the provision of service credit within the
major two retirement systems of the state. Within plan 1 of the public
employees’ retirement system, credit is given in whole months upon completing seventy hours per month. Within plan 1 of the teachers’ retirement
system, full annual service credit is given for full-time employment of fourfifths or more of a school year and partial annual service credit is given for
employment of less than four-fifths of a school year but more than twenty
days in a school year. Plan 2 of both the public employees’ and teachers’
retirement systems’ full monthly service credit is based on completing ninety
hours in each month.
(2) There is an expressed interest by public employers in encouraging
job-sharing or tandem positions wherein two persons perform one job. This
is seen as opening up job opportunities for those persons who have family
responsibilities prohibiting full-time employment." [1991 c 343 § 1.]
Additional notes found at www.leg.wa.gov
41.50.010 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Actuarial value" means the present value of a
change in actuarial liability;
(2) "Department" means the department of retirement
systems; and
(3) "Director" means the director of the department of
retirement systems. [1994 c 197 § 30; 1975-’76 2nd ex.s. c
105 § 3.]
41.50.030 Transfer of powers, duties, and functions
of certain systems, administrators, and committees to
department of retirement systems. (1) As soon as possible
but not more than one hundred and eighty days after March
19, 1976, there is transferred to the department of retirement
systems, except as otherwise provided in this chapter, all
powers, duties, and functions of:
(a) The Washington public employees’ retirement system;
(b) The Washington state teachers’ retirement system;
(c) The Washington law enforcement officers’ and firefighters’ retirement system;
(d) The Washington state patrol retirement system;
(e) The Washington judicial retirement system; and
(f) The state treasurer with respect to the administration
of the judges’ retirement fund imposed pursuant to chapter
2.12 RCW.
(2) On July 1, 1996, there is transferred to the department all powers, duties, and functions of the deferred compensation committee.
(3) The department shall administer chapter 41.34 RCW.
(4) The department shall administer the Washington
school employees’ retirement system created under chapter
41.35 RCW.
(5) The department shall administer the Washington
public safety employees’ retirement system created under
chapter 41.37 RCW. [2004 c 242 § 42; 1998 c 341 § 501;
1995 c 239 § 316; 1975-’76 2nd ex.s. c 105 § 5.]
41.50.030
Effective date—2004 c 242: See RCW 41.37.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.010
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.50.020 Department of retirement systems—Created—Director. There is created a department of state government to be known as the department of retirement systems. The executive and administrative head of the department shall be the director, who shall be appointed by the
governor with the consent of the senate. The director shall
serve at the pleasure of the governor and may be removed
upon written notification by the governor to the respective
retirement boards.
The director shall have complete charge of and supervisory powers over the department and shall be paid a salary
fixed by the governor in accordance with the provisions of
RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make
a temporary appointment until the next meeting of the senate
at which time he shall present to that body the name of the
person appointed to the position of director. [1975-’76 2nd
ex.s. c 105 § 4.]
41.50.020
[Title 41 RCW—page 310]
Additional notes found at www.leg.wa.gov
41.50.033 Crediting interest to retirement system
accounts. (1) The director shall determine when interest, if
provided by a plan, shall be credited to accounts in the public
employees’ retirement system, the teachers’ retirement system, the school employees’ retirement system, the public
safety employees’ retirement system, the law enforcement
officers’ and firefighters’ retirement system, or the Washington state patrol retirement system. The amounts to be credited and the methods of doing so shall be at the director’s discretion, except that if interest is credited, it shall be done at
least quarterly.
(2) Interest as determined by the director under this section is "regular interest" as defined in RCW *41.40.010(15),
**41.32.010(23), 41.35.010(12), ***41.37.010(12),
****41.26.030(23), and *****43.43.120(8).
(3) The legislature affirms that the authority of the director under RCW 41.40.020 and 41.50.030 includes the authority and responsibility to establish the amount and all conditions for regular interest, if any. The legislature intends chapter 493, Laws of 2007 to be curative, remedial, and
retrospectively applicable. [2007 c 493 § 1.]
41.50.033
Reviser’s note: *(1) RCW 41.40.010 was alphabetized pursuant to
RCW 1.08.015(2)(k), changing subsection (15) to subsection (31).
**(2) RCW 41.32.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (23) to subsection (38).
***(3) RCW 41.37.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (12) to subsection (23).
****(4) RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (23) to subsection (24).
(2010 Ed.)
Department of Retirement Systems
*****(5) RCW 43.43.120 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (8) to subsection (17).
41.50.040 Manner of selection and terms of transferred board members not affected. This chapter shall not
affect the manner for selecting members of the boards
affected by RCW 41.50.030, nor shall it affect the terms of
any members serving on such boards. [1975-’76 2nd ex.s. c
105 § 6.]
41.50.040
41.50.050 Powers, duties, and functions of director.
The director shall:
(1) Have the authority to organize the department into
not more than four divisions, each headed by an assistant
director;
(2) Have free access to all files and records of various
funds assigned to the department and inspect and audit the
files and records as deemed necessary;
(3) Employ personnel to carry out the general administration of the department;
(4) Submit an annual written report of the activities of
the department to the governor and the chairs of the appropriate legislative committees with one copy to the staff of each
of the committees, including recommendations for statutory
changes the director believes to be desirable;
(5) Adopt such rules and regulations as are necessary to
carry out the powers, duties, and functions of the department
pursuant to the provisions of chapter 34.05 RCW. [1995 c
239 § 317; 1993 c 61 § 1; 1987 c 505 § 24; 1981 c 3 § 33;
1977 ex.s. c 251 § 1; 1975-’76 2nd ex.s. c 105 § 7.]
41.50.050
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.50.055 Director of retirement systems to administer Washington law enforcement officers’ and firefighters’ retirement system—Duties. The administration of the
Washington law enforcement officers’ and firefighters’
retirement system is hereby vested in the director of retirement systems, and the director shall:
(1) Keep in convenient form such data as shall be
deemed necessary for actuarial evaluation purposes;
(2) As of March 1, 1970, and at least every two years
thereafter, through the state actuary, make an actuarial valuation as to the mortality and service experience of the beneficiaries under this chapter and the various accounts created for
the purpose of showing the financial status of the retirement
fund;
(3) Adopt for the Washington law enforcement officers’
and firefighters’ retirement system the mortality tables and
such other tables as shall be deemed necessary;
(4) Keep a record of all its proceedings, which shall be
open to inspection by the public;
(5) From time to time adopt such rules and regulations
not inconsistent with chapter 41.26 RCW, for the administration of the provisions of this chapter, for the administration of
the fund created by this chapter and the several accounts
thereof, and for the transaction of the business of the system;
(6) Prepare and publish annually a financial statement
showing the condition of the Washington law enforcement
officers’ and firefighters’ fund and the various accounts
41.50.055
(2010 Ed.)
41.50.065
thereof, and setting forth such other facts, recommendations
and data as may be of use in the advancement of knowledge
concerning the Washington law enforcement officers’ and
firefighters’ retirement system, and furnish a copy thereof to
each employer, and to such members as may request copies
thereof;
(7) Perform such other functions as are required for the
execution of the provisions of chapter 41.26 RCW;
(8) Fix the amount of interest to be credited at a rate
which shall be based upon the net annual earnings of the
Washington law enforcement officers’ and firefighters’ fund
for the preceding twelve-month period and from time to time
make any necessary changes in such rate;
(9) Pay from the department of retirement systems
expense fund the expenses incurred in administration of the
Washington law enforcement officers’ and firefighters’
retirement system from those funds appropriated for that purpose;
(10) Perform any other duties prescribed elsewhere in
chapter 41.26 RCW;
(11) Issue decisions relating to appeals initiated pursuant
to RCW 41.16.145 and 41.18.104 as now or hereafter
amended and shall be authorized to order increased benefits
pursuant to RCW 41.16.145 and 41.18.104 as now or hereafter amended. [1991 c 35 § 16; 1982 c 163 § 6; 1981 c 3 § 27;
1975-’76 2nd ex.s. c 44 § 3; 1971 ex.s. c 216 § 1; 1969 ex.s.
c 209 § 6. Formerly RCW 41.26.060.]
Intent—1991 c 35: See note following RCW 41.26.005.
Intent of amendment—1981 c 3: See note following RCW 2.10.080.
Additional notes found at www.leg.wa.gov
41.50.060 Delegation of powers, duties, and functions—Director’s responsibilities. The director may delegate the performance of such powers, duties, and functions,
other than those relating to rule making, to employees of the
department, but the director shall remain and be responsible
for the official acts of the employees of the department.
The director shall be responsible for the public employees’ retirement system, the teachers’ retirement system, the
school employees’ retirement system, the judicial retirement
system, the law enforcement officers’ and firefighters’ retirement system, the public safety employees’ retirement system,
and the Washington state patrol retirement system. The
director shall also be responsible for the deferred compensation program. [2004 c 242 § 43; 1998 c 341 § 502; 1995 c
239 § 318; 1975-’76 2nd ex.s. c 105 § 8.]
41.50.060
Effective date—2004 c 242: See RCW 41.37.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.50.065 Accumulated service credit—Annual notification to members. (1) The department shall annually
notify each member of each retirement system listed in RCW
41.50.030 of his or her:
(a) Service credit accumulated in the preceding calendar
year; and
(b) Total service credit accumulated.
(2) The department shall begin notifying members under
this section according to the following schedule:
41.50.065
[Title 41 RCW—page 311]
41.50.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
(a) All members of the teachers’ retirement system shall
begin receiving annual notification of accumulated service
credit and service credit earned within the preceding school
year or one school year, as appropriate, no later than January
1, 1991;
(b) All members, other than members of the teachers’
retirement system, shall begin receiving annual notification
of service credit accumulated within the preceding calendar
year or school year, as appropriate, no later than June 30,
1992;
(c) All members within five years of being eligible for
service retirement shall begin receiving annual notification of
total service credit accumulated no later than October 1,
1993;
(d) Members, other than members of the teachers’ retirement system, who are not within five years of being eligible
for service retirement shall begin receiving annual notification of total service credit accumulated according to the following schedule:
(i) For members of the law enforcement officers’ and
firefighters’ retirement system, Washington state patrol
retirement system, judicial retirement system, and judges’
retirement system, no later than August 30, 1993;
(ii) For employees of the state of Washington who are
members of the public employees’ retirement system, no later
than August 30, 1994;
(iii) For employees of political subdivisions of the state
of Washington, no later than January 31, 1995;
(iv) For employees of institutions of higher education as
defined in RCW 28B.10.016, no later than June 30, 1995; and
(v) For school district employees who are members of
the public employees’ retirement system, no later than April
30, 1996.
(3) The department shall adopt rules implementing this
section. [1991 c 282 § 1; 1990 c 8 § 2.]
Findings—1990 c 8: "The legislature recognizes that:
(1) It is important that members of the retirement system are informed
about the amount of service credit they have earned. Untimely and inaccurate reporting by employers hampers the department’s ability to inform
members of the service credit they have earned;
(2) Requiring a transfer of funds from the retirement accounts of members of the public employees’ retirement system and the law enforcement
officers’ and firefighters’ retirement system to the expense funds of those
systems does not represent added revenue to the systems but is instead a
transfer from the trust fund to the expense fund that causes administrative
costs and results in a loss to the system or to the member; and
(3) A standardized time period for school administrator contracts and a
prohibition against retroactive revision of those contracts is needed to prevent potential abuses of the average final compensation calculation process."
[1990 c 8 § 1.]
41.50.070 Personnel. In addition to the exemptions set
forth in RCW 41.06.070, the assistant directors, not to exceed
two, and an internal auditor shall also be exempt from the
application of the state civil service law, chapter 41.06 RCW.
The officers and exempt personnel appointed by the
director pursuant to this section shall be paid salaries fixed by
the governor in accordance with the procedure established by
law for fixing salaries for officers exempt from the operation
of the state civil service law.
All employees classified under chapter 41.06 RCW and
engaged in duties pertaining to the functions transferred by
this chapter shall be assigned to the department to perform
41.50.070
[Title 41 RCW—page 312]
their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing
the state merit system. [1975-’76 2nd ex.s. c 105 § 9.]
41.50.075 Funds established. (1) Two funds are
hereby created and established in the state treasury to be
known as the Washington law enforcement officers’ and firefighters’ system plan 1 retirement fund, and the Washington
law enforcement officers’ and firefighters’ system plan 2
retirement fund which shall consist of all moneys paid into
them in accordance with the provisions of this chapter and
chapter 41.26 RCW, whether such moneys take the form of
cash, securities, or other assets. The plan 1 fund shall consist
of all moneys paid to finance the benefits provided to members of the law enforcement officers’ and firefighters’ retirement system plan 1, and the plan 2 fund shall consist of all
moneys paid to finance the benefits provided to members of
the law enforcement officers’ and firefighters’ retirement
system plan 2.
(2) All of the assets of the Washington state teachers’
retirement system shall be credited according to the purposes
for which they are held, to two funds to be maintained in the
state treasury, namely, the teachers’ retirement system plan 1
fund and the teachers’ retirement system combined plan 2
and 3 fund. The plan 1 fund shall consist of all moneys paid
to finance the benefits provided to members of the Washington state teachers’ retirement system plan 1, and the combined plan 2 and 3 fund shall consist of all moneys paid to
finance the benefits provided to members of the Washington
state teachers’ retirement system plan 2 and 3.
(3) There is hereby established in the state treasury two
separate funds, namely the public employees’ retirement system plan 1 fund and the public employees’ retirement system
combined plan 2 and plan 3 fund. The plan 1 fund shall consist of all moneys paid to finance the benefits provided to
members of the public employees’ retirement system plan 1,
and the combined plan 2 and plan 3 fund shall consist of all
moneys paid to finance the benefits provided to members of
the public employees’ retirement system plans 2 and 3.
(4) There is hereby established in the state treasury the
school employees’ retirement system combined plan 2 and 3
fund. The combined plan 2 and 3 fund shall consist of all
moneys paid to finance the benefits provided to members of
the school employees’ retirement system plan 2 and plan 3.
(5) There is hereby established in the state treasury the
public safety employees’ retirement system plan 2 fund. The
plan 2 fund shall consist of all moneys paid to finance the
benefits provided to members of the public safety employees’
retirement system plan 2. [2004 c 242 § 44; 2000 c 247 §
601; 1998 c 341 § 503; 1996 c 39 § 16; 1995 c 239 § 312;
1991 c 35 § 108.]
41.50.075
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Intent—1991 c 35: See note following RCW 41.26.005.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Department of Retirement Systems
41.50.077 State treasurer is custodian of funds. The
state treasurer is the custodian of, and accountant for, all
funds and holdings of the retirement systems listed in RCW
41.50.030. [1991 c 35 § 109.]
41.50.077
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.080 Investment of funds of various systems.
The state investment board shall provide for the investment
of all funds of the Washington public employees’ retirement
system, the teachers’ retirement system, the school employees’ retirement system, the Washington law enforcement
officers’ and firefighters’ retirement system, the Washington
state patrol retirement system, the Washington judicial retirement system, the Washington public safety employees’
retirement system, and the judges’ retirement fund, pursuant
to RCW 43.84.150, and may sell or exchange investments
acquired in the exercise of that authority. [2004 c 242 § 45;
1998 c 341 § 504; 1981 c 3 § 34; 1977 ex.s. c 251 § 2; 1975’76 2nd ex.s. c 105 § 10.]
41.50.080
Effective date—2004 c 242: See RCW 41.37.901.
Additional notes found at www.leg.wa.gov
41.50.085 Investments in accordance with established standards. Any investments under RCW 43.84.150
by the state investment board shall be made in accordance
with the standards established in RCW 43.33A.140. [1998 c
14 § 2; 1977 ex.s. c 251 § 7.]
41.50.085
41.50.088 Duties of director—Retirement investments. (1) The director shall adopt rules as necessary and
exercise the following powers and duties:
(a) The director shall recommend to the state investment
board types of options for member self-directed investment
in the teachers’ retirement system plan 3, the school employees’ retirement system plan 3, and the public employees’
retirement system plan 3 as deemed by the director to be
reflective of the members’ preferences;
(b) By July 1, 2005, subject to favorable tax determination by the internal revenue service, the director shall make
optional actuarially equivalent life annuity benefit payment
schedules available to members and survivors that may be
purchased from the combined plan 2 and plan 3 funds under
RCW 41.50.075; and
(c) Determination of the basis for administrative charges
to the self-directed investment fund to offset self-directed
account expenses;
(2) The director shall recommend to the state investment
board types of options for participant self-directed investment in the state deferred compensation plan, as deemed by
the director to be reflective of the participants’ preferences.
[2010 1st sp.s. c 7 § 28; 2005 c 327 § 14; 2000 c 247 § 602.
Prior: 1998 c 341 § 507; 1998 c 116 § 10; 1995 c 239 § 302.]
41.50.088
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
41.50.110
41.50.090 Department succeeds to and vested with
transferred powers, duties, and functions—Boards to be
kept informed—Approval of rules—Disability benefit
applications. (1) Except as otherwise provided in this section, on the effective date of transfer as provided in RCW
41.50.030, the department shall succeed to and is vested with
all powers, duties, and functions now or by any concurrent
act of this 1976 legislature vested in the individual retirement
boards set forth in RCW 41.50.030 relating to the administration of their various retirement systems, including but not
limited to the power to appoint a staff and define the duties
thereof: PROVIDED, That actuarial services required by the
department shall be performed by the state actuary as provided in RCW 44.44.040.
(2) The department shall keep each retirement board
fully informed on the administration of the corresponding
retirement system, and shall furnish any information
requested by a retirement board.
(3) Rules proposed by the director under RCW 2.10.070,
41.50.055, 41.32.025, or 41.40.020 shall be submitted to the
appropriate retirement boards for review prior to adoption.
After receiving approval of the members of the appropriate
board, such rules shall become effective as provided by the
administrative procedure act, chapter 34.05 RCW.
(4) Each retirement board shall continue to perform all
functions as are vested in it by law with respect to applications for benefits paid upon either temporary or permanent
disability, with such staff assistance from the department as
may be required. The director shall perform those functions
with respect to disability benefits as are vested in him or her
by RCW 41.26.120, 41.26.125, and 41.26.200. [1985 c 102
§ 6; 1983 c 3 § 97; 1981 c 294 § 8; 1975-’76 2nd ex.s. c 105
§ 11.]
41.50.090
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
Additional notes found at www.leg.wa.gov
41.50.110 Expenses of administration paid from
department of retirement systems expense fund—Administrative expense fee. (1) Except as provided by RCW
41.50.255 and subsection (6) of this section, all expenses of
the administration of the department, the expenses of administration of the retirement systems, and the expenses of the
administration of the office of the state actuary created in
chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.35, 41.37,
43.43, and 44.44 RCW shall be paid from the department of
retirement systems expense fund.
(2) In order to reimburse the department of retirement
systems expense fund on an equitable basis the department
shall ascertain and report to each employer, as defined in
RCW 41.26.030, 41.32.010, 41.35.010, 41.37.010, or
41.40.010, the sum necessary to defray its proportional share
of the entire expense of the administration of the retirement
system that the employer participates in during the ensuing
biennium or fiscal year whichever may be required. Such
sum is to be computed in an amount directly proportional to
the estimated entire expense of the administration as the ratio
of monthly salaries of the employer’s members bears to the
total salaries of all members in the entire system. It shall then
be the duty of all such employers to include in their budgets
or otherwise provide the amounts so required.
41.50.110
[Title 41 RCW—page 313]
41.50.112
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) The department shall compute and bill each
employer, as defined in RCW 41.26.030, 41.32.010,
41.35.010, 41.37.010, or 41.40.010, at the end of each month
for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are
its other obligations. Such computation as to each employer
shall be made on a percentage rate of salary established by
the department. However, the department may at its discretion establish a system of billing based upon calendar year
quarters in which event the said billing shall be at the end of
each such quarter.
(4) The director may adjust the expense fund contribution rate for each system at any time when necessary to
reflect unanticipated costs or savings in administering the
department.
(5) An employer who fails to submit timely and accurate
reports to the department may be assessed an additional fee
related to the increased costs incurred by the department in
processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.
(a) Every six months the department shall determine the
amount of an employer’s fee by reviewing the timeliness and
accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and
accurate the department may prospectively assess an additional fee under this subsection.
(b) An additional fee assessed by the department under
this subsection shall not exceed fifty percent of the standard
fee.
(c) The department shall adopt rules implementing this
section.
(6) Expenses other than those under RCW 41.34.060(3)
shall be paid pursuant to subsection (1) of this section.
(7) During the 2007-2009 and 2009-2011 fiscal biennia,
the legislature may transfer from the department of retirement systems’ expense fund to the state general fund such
amounts as reflect the excess fund balance of the fund. [2009
c 564 § 924; 2008 c 329 § 911; 2005 c 518 § 923; 2004 c 242
§ 46; 2003 1st sp.s. c 25 § 914. Prior: 2003 c 295 § 3; 2003
c 294 § 11; 1998 c 341 § 508; 1996 c 39 § 17; 1995 c 239 §
313; 1990 c 8 § 3; 1979 ex.s. c 249 § 8.]
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—Effective date—2008 c 329: See notes following RCW
28B.105.110.
Effective date—2005 c 518 § 923: "Section 923 (RCW 41.50.110) of
this act takes effect July 1, 2006." [2005 c 518 § 1806.]
Severability—2005 c 518: See note following RCW 28A.500.030.
Effective date—2004 c 242: See RCW 41.37.901.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Findings—1990 c 8: See note following RCW 41.50.065.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.50.112 Report of member data—Departmentdesigned format. Employers, as defined in RCW 41.26.030,
41.32.010, 41.34.020, 41.35.010, and 41.40.010, must report
all member data to the department in a format designed and
communicated by the department. Employers failing to com41.50.112
[Title 41 RCW—page 314]
ply with this reporting requirement shall be assessed an additional fee as defined under RCW 41.50.110(5). [2000 c 247
§ 1107.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.50.120
41.50.120 Payment of moneys due department by
employers—Interest. Notwithstanding any provision of law
to the contrary, all employers of members of retirement systems administered by the department shall transmit by a warrant or check to the department within fifteen days following
the end of each calendar month the moneys due the department as determined by the statutes governing each system
together with such reports as the department may require.
The director may collect interest on any employer’s overdue
payments at the rate of one percent per month on the outstanding balance where necessary to secure adherence to
timeliness requirements. [1979 ex.s. c 249 § 9.]
41.50.125
41.50.125 Interest on contributions—Department
may charge. The department may charge interest, as determined by the director, on member or employer contributions
owing to any of the retirement systems listed in RCW
41.50.030. The department’s authority to charge interest shall
extend to all optional and mandatory billings for contributions where member or employer contributions are paid other
than immediately after service is rendered. Except as explicitly limited by statute, the director may delay the imposition
of interest charges on late contributions under this section if
the delay is necessary to implement required changes in the
department’s accounting and information systems. [1994 c
177 § 2.]
Findings—1994 c 177: "The legislature finds that:
(1) Whenever employer or member contributions are not made at the
time service is rendered, the state retirement system trust funds lose investment income which is a major source of pension funding. The department of
retirement systems has broad authority to charge interest to compensate for
the loss to the trust funds, subject only to explicit statutory provisions to the
contrary.
(2) The inherent authority of the department to recover all overpayments and unauthorized payments from the retirement trust funds, for the
benefit of members and taxpayers, should be established clearly in statute."
[1994 c 177 § 1.]
41.50.130
41.50.130 Correction of retirement systems’
records—Adjustment in payment of benefits—Limitations. (1) The director may at any time correct errors appearing in the records of the retirement systems listed in RCW
41.50.030. Should any error in such records result in any
member, beneficiary, or other person or entity receiving more
or less than he or she would have been entitled to had the
records been correct, the director, subject to the conditions
set forth in this section, shall adjust the payment in such a
manner that the benefit to which such member, beneficiary,
or other person or entity was correctly entitled shall be paid in
accordance with the following:
(a) In the case of underpayments to a member or beneficiary, the retirement system shall correct all future payments
from the point of error detection, and shall compute the additional payment due for the allowable prior period which shall
be paid in a lump sum by the appropriate retirement system.
(2010 Ed.)
Department of Retirement Systems
(b) In the case of overpayments to a retiree or other beneficiary, the retirement system shall adjust the payment so
that the retiree or beneficiary receives the benefit to which he
or she is correctly entitled. The retiree or beneficiary shall
either repay the overpayment in a lump sum within ninety
days of notification or, if he or she is entitled to a continuing
benefit, elect to have that benefit actuarially reduced by an
amount equal to the overpayment. The retiree or beneficiary
is not responsible for repaying the overpayment if the
employer is liable under RCW 41.50.139.
(c) In the case of overpayments to a person or entity
other than a member or beneficiary, the overpayment shall
constitute a debt from the person or entity to the department,
recovery of which shall not be barred by laches or statute of
limitations.
(2) Except in the case of actual fraud, in the case of overpayments to a member or beneficiary, the benefits shall be
adjusted to reflect only the amount of overpayments made
within three years of discovery of the error, notwithstanding
any provision to the contrary in chapter 4.16 RCW.
(3) Except in the case of actual fraud, no monthly benefit
shall be reduced by more than fifty percent of the member’s
or beneficiary’s corrected benefit. Any overpayment not
recovered due to the inability to actuarially reduce a member’s benefit due to: (a) The provisions of this subsection; or
(b) the fact that the retiree’s monthly retirement allowance is
less than the monthly payment required to effectuate an actuarial reduction, shall constitute a claim against the estate of a
member, beneficiary, or other person or entity in receipt of an
overpayment.
(4) Except as provided in subsection (2) of this section,
obligations of employers or members until paid to the department shall constitute a debt from the employer or member to
the department, recovery of which shall not be barred by
laches or statutes of limitation. [1997 c 254 § 15; 1994 c 177
§ 3; 1987 c 490 § 1; 1982 c 13 § 1.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Findings—1994 c 177: See note following RCW 41.50.125.
41.50.131 Correction of errors in reporting compensation earnable. (1) Notwithstanding RCW 41.50.130, the
department is not required to correct, nor to cause any
employer to correct the reporting error described in subsection (2) of this section.
(2) Standby pay and other similar forms of compensation
that are not pay for time worked were not salary or wages for
personal services within the meaning of RCW 41.40.010(8).
Contrary to RCW 41.40.010(8), some employers have been
reporting standby pay to the department as compensation
earnable. To avoid unduly impacting the retirement allowances of persons who have retired on or before June 9, 1994,
the department is not required to correct, nor cause to be corrected, any misreporting of amounts identified as standby pay
through June 9, 1994. Any erroneous reporting of amounts
identified as standby pay to the department on or after June 9,
1994, shall be corrected as an error under RCW 41.50.130.
(3) The forgiveness of past misreporting under subsection (2) of this section constitutes a benefit enhancement for
those individuals for whom amounts received as standby pay
were misreported to the department. Prior to June 9, 1994, no
41.50.131
(2010 Ed.)
41.50.133
retirement system member had any right, contractual or otherwise, to have amounts identified as standby pay included as
compensation earnable. [1994 c 177 § 9.]
Findings—1994 c 177: See note following RCW 41.50.125.
41.50.132 Correction of erroneous deduction or pickup of contributions. (1) By December 31, 1992, the department of retirement systems shall implement and complete the
following process for those members of the law enforcement
officers’ and firefighters’ retirement system plan 2, public
employees’ retirement system plans 1 and 2, and teachers’
retirement system plan 2 who erroneously had contributions
either deducted or picked-up from their earnings on and after
January 1, 1987:
(a) Create a list of transactions by employer for those
members whose employer either deducted or picked-up
employee contributions during a month where an employee
did not work sufficient hours to earn service credit;
(b) Provide the affected employers with direction and
guidance for the review of the transmitted lists from this subsection and the employers’ preparation of any necessary correcting transactions to the department’s records;
(c) Receive all correcting transactions submitted by the
employer.
(2) All debits and credits to all member accounts affected
by this remedial process shall be reconciled by the department.
(3) All moneys payable to an affected member, or any
moneys to be further deducted or picked-up from such member’s earnings, shall be determined and accomplished solely
by the employer.
(4) After December 31, 1992, no credit of employer contributions shall be made.
(5) Return of contributions to an employee by the department is limited solely to when such member retires or otherwise terminates his or her membership and chooses to withdraw them with any accumulated interest.
(6) Employer contributions forfeited under this section
shall be transferred to the department of retirement systems
expense account. [1991 c 343 § 13.]
41.50.132
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
41.50.133 Recovery of certain overpayments to surviving beneficiaries under the teachers’ retirement system. (1) The director of the department of retirement systems shall not recover from surviving beneficiaries of members who died in service any pension overpayment based on
the application of section 2, chapter 96, Laws of 1979 ex.
sess., nor shall such benefits be reduced.
(2) The director of the department of retirement systems
shall not recover from retirees any pension overpayments
made between July 1, 1990, and February 1, 1992, based
upon the application of *RCW 41.40.198, 41.40.1981,
41.40.325, 41.32.485, 41.32.487, or 41.32.575 due to the
incorrect calculation of the "age sixty-five allowance" as this
term is defined in *RCW 41.32.575(1)(a) and
41.40.325(1)(a). [1992 c 212 § 21; 1987 c 490 § 2.]
41.50.133
*Reviser’s note: RCW 41.40.198, 41.40.1981, 41.40.325, 41.32.487,
and 41.32.575 were repealed by 1995 c 345 § 11.
[Title 41 RCW—page 315]
41.50.135
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.50.135 Collection of overpayments—Determination of liability—Administrative process created. (1) If
the department finds that any member, beneficiary, or other
person or entity has been paid an amount of retirement benefits to which that person or entity is not entitled, and the person is not entitled to a continuing benefit from any of the
retirement systems listed in RCW 41.50.030, the department
may issue an order and notice of assessment specifying the
amount due, including interest, to be remitted to the department. The order and notice of assessment shall be served
upon any person or entity who may have received benefits to
which the person or entity is not entitled. The order and
notice of assessment shall be served by the department in the
manner prescribed for the service of a summons in a civil
action, or by certified mail to the last known address of the
obligor as shown by the records of the department.
(2) Any notice of assessment under subsection (1) of this
section shall constitute a determination of liability from
which the member, beneficiary, or other person or entity
served may appeal by filing a petition for adjudicative proceedings with the director personally or by mail within sixty
days from the date the assessment was served. If a petition for
adjudicative proceedings is not filed within sixty days of the
delivery of the notice of assessment, the determination that
was the basis for establishing the overpayment debt and the
assessment is conclusive and final.
(3) This section creates an administrative process for the
collection of overpayments from persons who are not entitled
to a continuing benefit from one of the retirement systems
listed in RCW 41.50.030. The collection of overpayments
from persons entitled to a continuing benefit from one of the
retirement systems listed in RCW 41.50.030 is governed by
RCW 41.50.130. [1996 c 56 § 1.]
41.50.135
any books, records, or documents necessary or relevant to the
department’s administration of duties under this chapter. It is
unlawful for any person or entity, without just cause, to fail to
comply with any subpoena issued under this section. [1996 c
56 § 3.]
41.50.136 Collection of overpayments—Issuance of
warrant—Lien. Whenever a notice of determination of liability becomes conclusive and final under RCW 41.50.135,
the director, upon giving at least twenty days notice by certified mail return receipt requested to the individual’s last
known address of the intended action, may file with the superior court clerk of any county within the state a warrant in the
amount of the notice of determination of liability plus a filing
fee under RCW 36.18.012(10). The clerk of the county where
the warrant is filed shall immediately designate a superior
court cause number for the warrant, and the clerk shall cause
to be entered in the judgment docket under the superior court
cause number assigned to the warrant, the name of the person
mentioned in the warrant, the amount of the notice of determination of liability, and the date when the warrant was filed.
The amount of the warrant as docketed shall become a lien
upon the title to, and any interest in, all real and personal
property of the person against whom the warrant is issued,
the same as a judgment in a civil case duly docketed in the
office of such clerk. A copy of the warrant shall be mailed to
the person mentioned in the warrant by certified mail to the
person’s last known address within five days of its filing with
the clerk. [2001 c 146 § 5; 1996 c 56 § 2.]
41.50.138 Collection of overpayments—Waiver of
overpayment. (1) The director may waive repayment of all
or part of a retirement allowance overpayment, under RCW
41.50.130 only, if:
(a) The overpayment was not the result of the retiree’s or
the beneficiary’s nondisclosure, fraud, misrepresentation, or
other fault; and
(b) The director finds in his or her sole discretion that
recovery of the overpayment would be a manifest injustice.
(2) The director may not waive an overpayment if the
member, retiree, or beneficiary:
(a) Provided incorrect information to the department or
the employer which caused the overpayment;
(b) Failed to provide information to the department or
the employer which was necessary to correctly calculate the
retirement allowance;
(c) Caused the employer to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that he or
she was in receipt of an overpayment.
(3) If the director waives an overpayment and the overpayment occurred because the member’s or retiree’s
employer:
(a) Provided incorrect information to the department
which caused the overpayment;
(b) Failed to provide information to the department
which was necessary to correctly calculate the retirement
allowance;
(c) Caused another party to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that the
information provided would cause the retiree or beneficiary
to be overpaid;
then the department shall bill the member’s or retiree’s
employer for the amount of the overpayment that would have
been recoverable under RCW 41.50.130 had the overpayment not been waived pursuant to this section.
(4) Nothing in this section authorizes the director to
waive the prospective correction of an overstated retirement
allowance.
(5) If the director waives an overpayment he or she must
state in writing:
(a) The nature of and reason for the overpayment;
(b) The reason for the waiver; and
(c) The amount of the overpayment that is waived.
The department will maintain a file containing documentation of all overpayments waived. The department will provide the file to any person upon request.
(6) This section applies to overpayments identified on or
after September 1, 1994. [1996 c 56 § 4.]
41.50.137 Collection of overpayments—Department
may issue subpoenas. The department may issue subpoenas
to compel the statement of witnesses and the production of
41.50.139 Retirement status reports—Overpayments—Employer obligations. (1) Retirement system
employers shall elicit on a written form from all new employ-
41.50.136
41.50.137
[Title 41 RCW—page 316]
41.50.138
41.50.139
(2010 Ed.)
Department of Retirement Systems
ees as to their having been retired from a retirement system
listed in RCW 41.50.030. Employers must report any retirees
in their employ to the department. If a retiree works in excess
of applicable postretirement employment restrictions and the
employer failed to report the employment of the retiree, that
employer is liable for the loss to the trust fund.
(2) If an employer erroneously reports to the department
that an employee has separated from service such that a person receives a retirement allowance in contravention of the
applicable retirement system statutes, the person’s retirement
status shall remain unaffected and the employer is liable for
the resulting overpayments.
(3) Upon receipt of a billing from the department, the
employer shall pay into the appropriate retirement system
trust fund the amount of the overpayment plus interest as
determined by the director. The employer’s liability under
this section shall not exceed the amount of overpayments
plus interest received by the retiree within three years of the
date of discovery, except in the case of fraud. In the case of
fraud, the employer is liable for the entire overpayment plus
interest. [1997 c 254 § 16.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.50.140 Cooperation of employers in administration of systems—Employer contributions for retroactive
service credit—Employee contributions paid by
employer. (1) Every employer participating in one or more
of the retirement systems listed in RCW 41.50.030 shall fully
cooperate in the administration of the systems in which its
employees participate, including the distribution of information to employees, and shall accept and carry out all other
duties as required by law, regulation, or administrative
instruction.
(2) If an employee is entitled to retroactive service credit
which was not previously established through no fault of the
employee, or through an employer error which has caused a
member’s compensation or contributions to be understated or
overstated so as to cause a loss to the retirement funds, the
director may bill the employer for the loss, to include interest,
if applicable. The employer contributions, with interest
thereon, will be treated as if in fact the interest was part of the
normal employer contribution and no distribution of interest
received shall be required.
(3) Employer-paid employee contributions will not be
credited to a member’s account until the employer notifies
the director in writing that the employer has been reimbursed
by the employee or beneficiary for the payment. The
employer shall have the right to collect from the employee
the amount of the employee’s obligation. Failure on the part
of the employer to collect all or any part of the sums which
may be due from the employee or beneficiary shall in no way
cause the employer obligation for the total liability to be lessened. [1982 1st ex.s. c 52 § 33.]
41.50.140
Additional notes found at www.leg.wa.gov
41.50.145 Plan 3—Loss of investment return due to
error—Liability. (1) If the department determines that due
to employer error a member of plan 3 has suffered a loss of
investment return, the employer shall pay the department for
41.50.145
(2010 Ed.)
41.50.150
credit to the member’s account the amount determined by the
department as necessary to correct the error.
(2) If the department determines that due to departmental
error a member of plan 3 has suffered a loss of investment
return, the department shall credit to the member’s account
from the appropriate retirement system combined plan 2 and
3 fund the amount determined by the department as necessary
to correct the error. [1999 c 223 § 2; 1998 c 341 § 515.]
Additional notes found at www.leg.wa.gov
41.50.150 Retirement benefits based on excess compensation—Employer liable for extra retirement costs.
(1) The employer of any employee whose retirement benefits
are based in part on excess compensation, as defined in this
section, shall, upon receipt of a billing from the department,
pay into the appropriate retirement system the present value
at the time of the employee’s retirement of the total estimated
cost of all present and future benefits from the retirement system attributable to the excess compensation. The state actuary shall determine the estimated cost using the same method
and procedure as is used in preparing fiscal note costs for the
legislature. However, the director may in the director’s discretion decline to bill the employer if the amount due is less
than fifty dollars. Accounts unsettled within thirty days of
the receipt of the billing shall be assessed an interest penalty
of one percent of the amount due for each month or fraction
thereof beyond the original thirty-day period.
(2) "Excess compensation," as used in this section,
includes the following payments, if used in the calculation of
the employee’s retirement allowance:
(a) A cash out of unused annual leave in excess of two
hundred forty hours of such leave. "Cash out" for purposes of
this subsection means:
(i) Any payment in lieu of an accrual of annual leave; or
(ii) Any payment added to salary or wages, concurrent
with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or
transportation allowance to the extent that payment qualifies
as reportable compensation in the member’s retirement system;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular daily or hourly rate of
pay; and
(e) Any termination or severance payment.
(3) This section applies to the retirement systems listed
in RCW 41.50.030 and to retirements occurring on or after
March 15, 1984. Nothing in this section is intended to amend
or determine the meaning of any definition in chapter 2.10,
2.12, 41.26, 41.32, 41.40, 41.35, 41.37, or 43.43 RCW or to
determine in any manner what payments are includable in the
calculation of a retirement allowance under such chapters.
(4) An employer is not relieved of liability under this
section because of the death of any person either before or
after the billing from the department. [2004 c 242 § 47; 1998
c 341 § 509; 1997 c 221 § 1; 1995 c 244 § 1; 1984 c 184 § 1.]
41.50.150
Effective date—2004 c 242: See RCW 41.37.901.
Intent—Application—1995 c 244 § 1: "The definition of "cash out"
added to RCW 41.50.150(2)(a) by this act is a clarification of the legislature’s original intent regarding the meaning of the term. The definition of
[Title 41 RCW—page 317]
41.50.152
Title 41 RCW: Public Employment, Civil Service, and Pensions
"cash out" applies retroactively to payments made before July 23, 1995."
[1995 c 244 § 2.]
Additional notes found at www.leg.wa.gov
41.50.152 Payment of excess compensation—Public
notice requirements. (1) Except as limited by subsection (3)
of this section, the governing body of an employer under
chapter 41.32, 41.35, 41.37, or 41.40 RCW shall comply with
the provisions of subsection (2) of this section prior to executing a contract or collective bargaining agreement with
members under chapter 41.32, 41.35, 41.37, or 41.40 RCW
which provides for:
(a) A cash out of unused annual leave in excess of two
hundred forty hours of such leave. "Cash out" for purposes of
this subsection means any payment in lieu of an accrual of
annual leave or any payment added to regular salary, concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or
transportation allowance;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular rate of pay; or
(e) Any other termination or severance payment.
(2) Any governing body entering into a contract that
includes a compensation provision listed in subsection (1) of
this section shall do so only after public notice in compliance
with the open public meetings act, chapter 42.30 RCW. This
notification requirement may be accomplished as part of the
approval process for adopting a contract in whole, and does
not require separate or additional open public meetings. At
the public meeting, full disclosure shall be made of the nature
of the proposed compensation provision, and the employer’s
estimate of the excess compensation billings under RCW
41.50.150 that the employing entity would have to pay as a
result of the proposed compensation provision. The
employer shall notify the department of its compliance with
this section at the time the department bills the employer
under RCW 41.50.150 for the pension impact of compensation provisions listed in subsection (1) of this section that are
adopted after July 23, 1995.
(3) The requirements of subsection (2) of this section
shall not apply to the adoption of a compensation provision
listed in subsection (1) of this section if the compensation
would not be includable in calculating benefits under chapter
41.32, 41.35, 41.37, or 41.40 RCW for the employees covered by the compensation provision. [2004 c 242 § 48; 1998
c 341 § 510; 1995 c 387 § 1.]
41.50.152
Effective date—2004 c 242: See RCW 41.37.901.
Additional notes found at www.leg.wa.gov
41.50.155 Erroneous withdrawals of contributions—
Restoration. (1) If a person receives a withdrawal of accumulated contributions from any of the retirement systems
listed in RCW 41.50.030 in contravention of the restrictions
on withdrawal for the particular system, the member shall no
longer be entitled to credit for the period of service represented by the withdrawn contributions. The erroneous withdrawal shall be treated as an authorized withdrawal, subject
to all conditions imposed by the member’s system for restoration of withdrawn contributions. Failure to restore the contributions within the time permitted by the system shall con41.50.155
[Title 41 RCW—page 318]
stitute a waiver by the member of any right to receive a retirement allowance based upon the period of service represented
by the withdrawn contributions.
(2) All erroneous withdrawals occurring prior to June 9,
1994, shall be subject to the provisions of this section. The
deadline for restoring the prior erroneous withdrawals shall
be five years from June 9, 1994, for members who are currently active members of a system. [1994 c 177 § 4.]
Findings—1994 c 177: See note following RCW 41.50.125.
41.50.160 Restoration of withdrawn contributions.
The department of retirement systems shall incorporate the
development of individual member accounts receivable into
its information systems projects for fiscal years 1993 and
1994, so that by January 1, 1994, members of state retirement
systems who are otherwise eligible to restore previously
withdrawn contributions have the option to make restoration
in a manner determined by the department. [1994 c 197 § 31;
1992 c 195 § 2.]
41.50.160
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.50.165 Establishing, restoring service credit—
Conditions. (1) Except for those affected by subsection (4)
of this section, a member of a retirement system specified by
RCW 41.50.030 or, one previously established by the state
but closed to new membership, may, as provided in each
retirement system:
(a) Establish allowable membership service not previously credited;
(b) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(c) Restore service credit represented by a lump sum
payment in lieu of benefits.
(2) Persons who previously have failed to:
(a) Establish service credit for service previously earned;
or
(b) Reestablish service credit by the restoration of withdrawn contributions or repayment of a lump sum payment in
lieu of a benefit, may now establish or reestablish such service credit by paying the actuarial value of the resulting
increase in their benefit in a manner defined by the department.
(3) Any establishment of service credit for service previously rendered, restoration of service credit destroyed, or
repayment of a lump sum received in lieu of benefit must be
completed prior to retirement.
(4) Service credit is established for or restored to the
period in which the service credit is earned. [1994 c 197 § 2.]
41.50.165
Intent—1994 c 197: "(1) This act removes the time limitations within
the state’s retirement systems for:
(a) The restoration of service credit represented by employee contributions withdrawn by a member of a state’s retirement systems; or
(b) The crediting of certain service that, under the provisions of the system, was not creditable at the time it was performed, such as a probationary
period or interrupted military service.
(2) This act expands the current procedures for establishing service
credit previously earned, restoring withdrawn contributions, or repaying
lump sums received in lieu of a benefit. In so doing, it allows the member of
one of the state’s retirement systems to obtain additional service credit by
paying the value of this added benefit that was previously unavailable."
[1994 c 197 § 1.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Department of Retirement Systems
41.50.235
41.50.170 Notification of restoration rights. Upon
termination for reasons other than retirement, the department
shall inform a member withdrawing his or her contributions,
and the member shall acknowledge in writing, of the right to
restore such contributions upon reestablishment of membership in the respective retirement system and the requirements
involved in such restoration. [1994 c 197 § 3.]
conclusions and recommendations upon all matters under
referral. [1992 c 72 § 10; 1991 c 35 § 34; 1947 c 80 § 13;
Rem. Supp. 1947 § 4995-32. Prior: 1941 c 97 § 2, part; 1937
c 221 § 3, part; Rem. Supp. 1941 § 4995-3, part. Formerly
RCW 41.32.130.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.50.215 Teachers’ retirement system funds—
Annual interest to be credited. From interest and other
earnings on the moneys of the Washington state teachers’
retirement system, and except as otherwise provided in
*RCW 41.32.499, at the close of each fiscal year the department shall make an allowance of regular interest on the balance which was on hand at the beginning of the fiscal year in
each of the teachers’ retirement system funds as they may
deem advisable; however, no interest shall be credited to the
expense fund. [1992 c 212 § 6; 1991 c 35 § 36; 1973 1st ex.s.
c 189 § 7; 1955 c 274 § 5; 1947 c 80 § 19; Rem. Supp. 1947
§ 4995-38. Prior: 1941 c 97 § 6, part; 1939 c 86 § 6, part;
1937 c 221 § 7, part; Rem. Supp. 1941 § 4995-7, part. Formerly RCW 41.32.190.]
41.50.170
41.50.175 Adoption of rules. The department shall
adopt rules under chapter 34.05 RCW implementing and
administering chapter 197, Laws of 1994. These rules are to
include, but are not limited to:
(1) The application and calculation of actuarial value,
with the agreement of the state actuary; and
(2) Establishing the minimum partial payment or the
minimum units of restored service, or both. [1994 c 197 § 4.]
41.50.175
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.50.200 Subdivision of retirement system funds. In
the records of the teachers’ retirement system the teachers’
retirement system plan 1 fund shall be subdivided into the
member reserve, the pension reserve, and other funds as may
from time to time be created by the director for the purpose of
the internal accounting record. The director may adopt rules
creating or deleting funds as he or she deems necessary.
[1992 c 212 § 2; 1991 c 35 § 32; 1989 c 273 § 16; 1982 1st
ex.s. c 52 § 7; 1969 ex.s. c 150 § 1; 1963 ex.s. c 14 § 2; 1955
c 274 § 2; 1947 c 80 § 3; Rem. Supp. 1947 § 4995-28. Prior:
1941 c 97 § 2, part; 1937 c 221 § 3, part; 1923 c 187 § 5, part;
Rem. Supp. 1941 § 4995-3, part. Formerly RCW 41.32.030.]
41.50.200
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.50.205 Records—Teachers’ retirement system
annual report. The department shall keep a record of all its
proceedings, which shall be open to public inspection. It shall
publish annually a report showing the fiscal transactions of
the Washington state teachers’ retirement system for the preceding school year; the amount of the accumulated cash and
securities of the system, and the last balance sheet showing
the financial condition of the system by means of an actuarial
valuation of the assets and liabilities of the retirement system.
[1991 c 35 § 33; 1969 ex.s. c 150 § 4; 1947 c 80 § 12; Rem.
Supp. 1947 § 4995-31. Prior: 1941 c 97 § 2, part; 1937 c 221
§ 3, part; Rem. Supp. 1941 § 4995-3, part. Formerly RCW
41.32.120.]
41.50.205
Intent—1991 c 35: See note following RCW 41.26.005.
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.215
*Reviser’s note: RCW 41.32.499 was repealed by 1995 c 345 § 11.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.50.220 Trustees, employees not to guarantee
loans. No trustee or employee of the department shall
become an endorser or surety or an obligor for moneys
loaned by the department. [1991 c 35 § 37; 1947 c 80 § 23;
Rem. Supp. 1947 § 4995-42. Prior: 1941 c 97 § 6, part; 1939
c 86 § 6, part; 1937 c 221 § 7, part; Rem. Supp. 1941 §
4995-7, part. Formerly RCW 41.32.230.]
41.50.220
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.230 Employer reports to department. On or
before a date specified by the department in each month
every employer shall file a report with the department on a
form provided, stating the name of the employer and with
respect to each employee who is a member or who is required
to become a member of the Washington state teachers’ retirement system: (1) The full name, (2) the earnable compensation paid, (3) the employee’s contribution to the retirement
system, and (4) other information as the department shall
require. [1991 c 35 § 51; 1983 c 56 § 14; 1975-’76 2nd ex.s.
c 16 § 1. Prior: 1975 1st ex.s. c 275 § 150; 1975 c 43 § 32;
1969 ex.s. c 176 § 96; 1967 c 50 § 4; 1963 ex.s. c 14 § 13;
1947 c 80 § 42; Rem. Supp. 1947 § 4995-61. Formerly RCW
41.32.420.]
41.50.230
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
41.50.235 Teachers’ retirement system salary deductions. Every officer authorized to issue salary warrants to
teachers shall deduct from the salary payments to any member of the Washington state teachers’ retirement system plan
1 regularly employed an amount which will result in total
deductions of six percent of the amount of earnable compensation paid in any fiscal year. These deductions shall be transmitted and reported to the retirement system as directed by
the department. [1991 c 35 § 52; 1967 c 50 § 5; 1963 ex.s. c
41.50.235
41.50.210 Medical director. The director shall designate a medical director. If required, other physicians may be
employed to report on special cases. The medical director
shall arrange for and pass upon all medical examinations
required under the provisions of chapter 41.32 RCW, investigate all essential statements and certificates by or on behalf of
a member in connection with an application for a disability
allowance, and report in writing to the board of trustees the
41.50.210
(2010 Ed.)
[Title 41 RCW—page 319]
41.50.240
Title 41 RCW: Public Employment, Civil Service, and Pensions
14 § 14; 1955 c 274 § 20; 1947 c 80 § 43; Rem. Supp. 1947 §
4995-62. Prior: 1941 c 97 § 5, part; 1939 c 86 § 5, part; 1937
c 221 § 6, part; Rem. Supp. 1941 § 4995-6, part. Formerly
RCW 41.32.430.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.50.240 Duties of payroll officer. The person
responsible for making up the payroll shall transmit promptly
to the department at the end of each and every payroll period
a copy of the original payroll voucher or such other payroll
report as the department may require showing thereon all
deductions for contributions for the teachers’ retirement system made from the earnable compensation of a member of
the teachers’ retirement system together with warrants or
checks covering the total of such deductions. The department
shall place such moneys into the proper funds established in
this chapter. [1977 ex.s. c 293 § 17. Formerly RCW
41.32.830.]
41.50.240
Additional notes found at www.leg.wa.gov
41.50.255 Payment of legal and medical expenses of
retirement systems. The director is authorized to pay from
the interest earnings of the trust funds of the public employees’ retirement system, the teachers’ retirement system, the
Washington state patrol retirement system, the Washington
judicial retirement system, the judges’ retirement system, the
school employees’ retirement system, the public safety
employees’ retirement system, or the law enforcement officers’ and firefighters’ retirement system lawful obligations of
the appropriate system for legal expenses and medical
expenses which expenses are primarily incurred for the purpose of protecting the appropriate trust fund or are incurred in
compliance with statutes governing such funds.
The term "legal expense" includes, but is not limited to,
legal services provided through the legal services revolving
fund, fees for expert witnesses, travel expenses, fees for court
reporters, cost of transcript preparation, and reproduction of
documents.
The term "medical costs" includes, but is not limited to,
expenses for the medical examination or reexamination of
members or retirees, the costs of preparation of medical
reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.
The director may also pay from the interest earnings of
the trust funds specified in this section costs incurred in
investigating fraud and collecting overpayments, including
expenses incurred to review and investigate cases of possible
fraud against the trust funds and collection agency fees and
other costs incurred in recovering overpayments. Recovered
funds must be returned to the appropriate trust funds. [2004
c 242 § 49; 1998 c 341 § 511; 1995 c 281 § 1; 1993 sp.s. c 24
§ 916; 1991 c 35 § 73; 1984 c 184 § 7. Formerly RCW
41.40.083.]
41.50.255
Effective date—2004 c 242: See RCW 41.37.901.
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.50.260 Public employees’ retirement system funds
created. For the purpose of the internal accounting record of
41.50.260
[Title 41 RCW—page 320]
the public employees’ retirement system and not the segregation of moneys on deposit with the state treasurer there are
hereby created the employees’ savings fund, the benefit
account fund, and such other funds as the director may from
time to time create.
(1) The employees’ savings fund shall be the fund in
which shall be accumulated the contributions from the compensation of public employees’ retirement system members.
The director shall provide for the maintenance of an individual account for each member of the public employees’ retirement system showing the amount of the member’s contributions together with interest accumulations thereon. The contributions of a member returned to the former employee upon
the individual’s withdrawal from service, or paid in event of
the employee’s or former employee’s death, as provided in
chapter 41.40 RCW, shall be paid from the employees’ savings fund. The accumulated contributions of a member, upon
the commencement of the individual’s retirement, shall be
transferred from the employees’ savings fund to the benefit
account fund.
(2) The benefit account fund shall be the fund in which
shall be accumulated the reserves for the payment of all public employees’ retirement system retirement allowances and
death benefits, if any, in respect of any beneficiary. The
amounts contributed by all public employees’ retirement system employers to provide pension benefits shall be credited
to the benefit account fund. The benefit account fund shall be
the fund from which shall be paid all public employees’
retirement system retirement allowances, or benefits in lieu
thereof because of which reserves have been transferred from
the employees’ savings fund to the benefit account fund. At
the time a recipient of a retirement allowance again becomes
a member of the public employees’ retirement system, the
department shall transfer from the benefit account fund to the
employees’ savings fund and credit to the individual account
of such a member a sum equal to the excess, if any, of the
individual’s account at the date of the member’s retirement
over any service retirement allowance received since that
date. [1992 c 212 § 11; 1991 c 35 § 74; 1982 1st ex.s. c 52 §
18; 1973 1st ex.s. c 190 § 4; 1972 ex.s. c 151 § 2; 1967 c 127
§ 2; 1963 c 174 § 7; 1953 c 200 § 4; 1949 c 240 § 6; 1947 c
274 § 11; Rem. Supp. 1949 § 11072-11. Formerly RCW
41.40.100.]
Intent—1991 c 35: See note following RCW 41.26.005.
Additional notes found at www.leg.wa.gov
41.50.265 Public employees’ retirement system
funds—Report of the state treasurer—Members may
receive reports and statements. The state treasurer shall
furnish annually to the department a statement of the amount
of the funds in the treasurer’s custody belonging to the public
employees’ retirement system. Copies of this annual report
shall be available to public employees’ retirement system
members upon request. The records of the department shall
be open to public inspection. Any member of the public
employees’ retirement system shall be furnished with a statement of the amount to the credit of his or her individual
account in the employees’ savings fund upon his or her written request, provided that the department shall not be
required to answer more than one such request of any mem41.50.265
(2010 Ed.)
Department of Retirement Systems
ber in any one year. [1991 c 35 § 75; 1947 c 274 § 12; Rem.
Supp. 1947 § 11072-12. Formerly RCW 41.40.110.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.270 Transmittal of total of public employees’
retirement system members’ deductions. The person
responsible for making up the payroll shall transmit promptly
to the department at the end of each and every payroll period
a copy of the original payroll voucher or any other payroll
report as the department may require showing thereon all
deductions for the public employees’ retirement system made
from the compensation earnable of each member, together
with warrants or checks covering the total of the deductions.
The department after making a record of all receipts shall pay
them to the state treasurer for use according to the provisions
of chapter 41.40 RCW. [1991 c 35 § 90; 1977 ex.s. c 295 §
19; 1947 c 274 § 36; Rem. Supp. 1947 § 11072-36. Formerly
RCW 41.40.350.]
41.50.270
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.500 Mandatory assignment of retirement benefits—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW
41.50.500 through 41.50.650, 41.50.670 through 41.50.720,
and 26.09.138.
(1) "Benefits" means periodic retirement payments or a
withdrawal of accumulated contributions.
(2) "Disposable benefits" means that part of the benefits
of an individual remaining after the deduction from those
benefits of any amount required by law to be withheld. The
term "required by law to be withheld" does not include any
deduction elective to the member.
(3) "Dissolution order" means any judgment, decree, or
order of spousal maintenance, property division, or courtapproved property settlement incident to a decree of divorce,
dissolution, invalidity, or legal separation issued by the superior court of the state of Washington or a judgment, decree, or
other order of spousal support issued by a court of competent
jurisdiction in another state or country, that has been registered or otherwise made enforceable in this state.
(4) "Mandatory benefits assignment order" means an
order issued to the department of retirement systems pursuant
to RCW 41.50.570 to withhold and deliver benefits payable
to an obligor under chapter 2.10, 2.12, 41.26, 41.32, 41.40,
41.35, 41.37, or 43.43 RCW.
(5) "Obligee" means an ex spouse or spouse to whom a
duty of spousal maintenance or property division obligation
is owed.
(6) "Obligor" means the spouse or ex spouse owing a
duty of spousal maintenance or a property division obligation.
(7) "Periodic retirement payments" means periodic payments of retirement allowances, including but not limited to
service retirement allowances, disability retirement allowances, and survivors’ allowances. The term does not include
a withdrawal of accumulated contributions.
(8) "Property division obligation" means any outstanding court-ordered property division or court-approved property settlement obligation incident to a decree of divorce, dissolution, or legal separation.
41.50.500
(2010 Ed.)
41.50.530
(9) "Standard allowance" means a benefit payment
option selected under RCW 2.10.146(1)(a), 41.26.460(1)(a),
41.32.785(1)(a), 41.40.188(1)(a), 41.40.660(1),
41.40.845(1)(a), 41.37.170, or 41.35.220 that ceases upon the
death of the retiree. Standard allowance also means the benefit allowance provided under RCW 2.10.110, 2.10.130,
43.43.260, 41.26.100, 41.26.130(1)(a), or chapter 2.12 RCW.
Standard allowance also means the maximum retirement
allowance available under RCW 41.32.530(1) following
member withdrawal of accumulated contributions, if any.
(10) "Withdrawal of accumulated contributions" means
a lump sum payment to a retirement system member of all or
a part of the member’s accumulated contributions, including
accrued interest, at the request of the member including any
lump sum amount paid upon the death of the member. [2004
c 242 § 50; 2000 c 247 § 603; 1998 c 341 § 512; 1991 c 365
§ 1; 1987 c 326 § 1.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Additional notes found at www.leg.wa.gov
41.50.510 Mandatory assignment of retirement benefits—Remedies—Applicability. (1) The remedies provided in RCW 41.50.530 through 41.50.650 and 26.09.138
are in addition to, and not in substitution for, any other remedies provided by law to enforce a dissolution order against an
obligor.
(2) The remedies provided in RCW 41.50.530 through
41.50.630 shall be the exclusive remedies enforceable against
the department of retirement systems or the retirement systems listed in RCW 41.50.030 to recover spousal maintenance pursuant to a dissolution, divorce, or legal separation
order.
(3) RCW 41.50.530 through 41.50.650 and 26.09.138
apply to all dissolution orders incident to a decree of divorce,
dissolution, or legal separation whether entered before or
after July 1, 1987. [1991 c 365 § 2; 1987 c 326 § 2.]
41.50.510
Additional notes found at www.leg.wa.gov
41.50.520 Mandatory assignment of retirement benefits—Other remedies not limited. Nothing in RCW
41.50.500 through 41.50.650 limits the use of any and all
civil and criminal remedies against an obligor to enforce the
obligations of a dissolution order. [1987 c 326 § 3.]
41.50.520
41.50.530 Mandatory assignment of retirement benefits—Proceeding to enforce spousal maintenance—
Venue—Jurisdiction. (1) A proceeding to enforce a duty of
spousal maintenance through a mandatory benefits assignment order may be commenced by an obligee:
(a) By filing a petition for an original action; or
(b) By motion in an existing action or under an existing
cause number.
(2) Venue for the action is in the superior court of the
county of the state of Washington where the obligee resides
or is present, where the obligor resides, or where the prior
dissolution order was entered.
(3) The court retains continuing jurisdiction under RCW
41.50.500 through 41.50.650 and 26.09.138 until the obligor
41.50.530
[Title 41 RCW—page 321]
41.50.540
Title 41 RCW: Public Employment, Civil Service, and Pensions
has satisfied all duties of spousal maintenance, including
arrearages, to the obligee. [1991 c 365 § 3; 1987 c 326 § 4.]
Additional notes found at www.leg.wa.gov
41.50.540 Mandatory assignment of retirement benefits—Notice to obligor. (1) Every court order or decree
establishing a spousal maintenance obligation may state that
if any such payment is more than fifteen days past due and the
total of such past due payments is equal to or greater than one
hundred dollars or if the obligor requests a withdrawal of
accumulated contributions from the department of retirement
systems, the obligee may seek a mandatory benefits assignment order without prior notice to the obligor. Failure to
include this provision does not affect the validity of the dissolution order.
(2) If the dissolution order under which the obligor owes
the duty of spousal maintenance is not in compliance with
subsection (1) of this section or if the obligee cannot show
that the obligor has approved or received a copy of the court
order or decree that complies with subsection (1) of this section, then notice shall be provided to the obligor at least fifteen days before the obligee seeks a mandatory benefits
assignment order. The notice shall state that, if a spousal
maintenance payment is more than fifteen days past due and
the total of such past due payments is equal to or greater than
one hundred dollars or if the obligor requests a withdrawal of
accumulated contributions from the department of retirement
systems, the obligee may seek a mandatory benefits assignment order without further notice to the obligor. Service of
the notice shall be by personal service, or by any form of mail
requiring a return receipt. The notice requirement under this
subsection is not jurisdictional. [1991 c 365 § 4; 1987 c 326
§ 5.]
41.50.540
Additional notes found at www.leg.wa.gov
41.50.550 Mandatory assignment of retirement benefits—Withdrawal of accumulated contributions—Notice
to obligee—Payment to obligee. (1) An obligee who wishes
to be notified by the department of retirement systems if the
obligor seeks a withdrawal of accumulated contributions
shall submit such a request to the department in writing on a
form supplied by the department. The request shall be filed
by certified or registered mail and shall include the obligee’s
address and a copy of the dissolution order requiring the
spousal maintenance owed.
(2) The department shall thereafter promptly send notice
to the obligee at the address provided in subsection (1) of this
section when the obligor applies for a withdrawal of accumulated contributions. The department shall not process the
obligor’s request for a withdrawal of accumulated contributions sooner than seventy-five days after sending the notice to
the obligee.
(3) The department shall pay directly to an obligee who
has not obtained a mandatory benefits assignment order all or
part of the accumulated contributions if the dissolution order
filed with the department pursuant to subsection (1) of this
section includes a provision that states:
"At such time as . . . . . . (the obligor) requests a withdrawal of accumulated contributions as defined in RCW
41.50.500, the department of retirement systems shall pay to
41.50.550
[Title 41 RCW—page 322]
. . . . . . (the obligee) . . . . . . dollars from such accumulated
contributions or . . . percentage of such accumulated contributions (whichever is provided by the court)." [1991 c 365 §
5; 1987 c 326 § 6.]
Additional notes found at www.leg.wa.gov
41.50.560
41.50.560 Mandatory assignment of retirement benefits—Petition for order. (1) A petition or motion seeking a
mandatory benefits assignment order in an action under
RCW 41.50.530 may be filed by an obligee if the obligor is
more than fifteen days past due in spousal maintenance payments and the total of such past due payments is equal to or
greater than one hundred dollars or if the obligor requests a
withdrawal of accumulated contributions from the department of retirement systems. The petition or motion shall
include a sworn statement by the obligee, stating the facts
authorizing the issuance of the mandatory benefits assignment order, including:
(a) That the obligor, stating his or her name, residence,
and social security number, (i) is more than fifteen days past
due in spousal maintenance payments and that the total of
such past due payments is equal to or greater than one hundred dollars, or (ii) has requested a withdrawal of accumulated contributions from the department of retirement systems;
(b) A description of the terms of the dissolution order
requiring payment of spousal maintenance and the amount, if
any, past due;
(c) The name of the public retirement system or systems
from which the obligor is currently receiving periodic retirement benefits or from which the obligor has requested a withdrawal of accumulated contributions; and
(d) That notice has been provided to the obligor as
required by RCW 41.50.540.
(2) If the court in which a mandatory benefits assignment
order is sought does not already have a copy of the dissolution order in the court file, then the obligee shall attach a copy
of the dissolution order to the petition or motion seeking the
mandatory benefits assignment order. [1991 c 365 § 6; 1987
c 326 § 7.]
Additional notes found at www.leg.wa.gov
41.50.570
41.50.570 Mandatory assignment of retirement benefits—Issuance of order. Upon receipt of a petition or
motion seeking a mandatory benefits assignment order that
complies with RCW 41.50.560, the court shall issue a mandatory benefits assignment order as provided in RCW
41.50.590, including the information required in RCW
41.50.580 (1)(a) or (2)(a), directed to the department of
retirement systems, and commanding the department to
answer the order on the forms served with the order that comply with RCW 41.50.610 within twenty days after service of
the order upon the department. [1987 c 326 § 8.]
41.50.580
41.50.580 Mandatory assignment of retirement benefits—Order—Contents. (1)(a) The mandatory benefits
assignment order issued pursuant to RCW 41.50.570 and
directed at periodic retirement benefits shall include:
(2010 Ed.)
Department of Retirement Systems
(i) The maximum amount of current spousal maintenance to be withheld from the obligor’s periodic retirement
benefits each month;
(ii) The total amount of the arrearage judgments previously entered by the court, if any, together with interest, if
any; and
(iii) The maximum amount to be withheld from the obligor’s periodic retirement payments each month to satisfy the
arrearage judgments specified in (a)(ii) of this subsection.
(b) The total amount to be withheld from the obligor’s
periodic retirement payments each month pursuant to a mandatory benefits assignment order shall not exceed fifty percent of the disposable benefits of the obligor. If the amounts
to be paid toward the arrearage are specified in the assignment order, then the maximum amount to be withheld is the
sum of the current maintenance ordered and the amount
ordered to be paid toward the arrearage, or fifty percent of the
disposable benefits of the obligor, whichever is less.
(c) Fifty percent of the disposable benefits of the obligor
are exempt from collection under the assignment order, and
may be disbursed by the department to the obligor. The provisions of RCW 6.27.150 do not apply to mandatory benefits
assignment orders under this chapter.
(2)(a) A mandatory benefits assignment order issued
pursuant to RCW 41.50.570 and directed at a withdrawal of
accumulated contributions shall include:
(i) The maximum amount of current spousal maintenance to be withheld from the obligor’s accumulated contributions;
(ii) The total amount of the arrearage judgments for
spousal maintenance payments entered by the court, if any,
together with interest, if any; and
(iii) The amount to be withheld from the obligor’s withdrawal of accumulated contributions to satisfy the current
maintenance obligation and the arrearage judgments specified in (a)(i) and (ii) of this subsection;
(b) The total amount to be withheld from the obligor’s
withdrawal of accumulated contributions may be up to one
hundred percent of the disposable benefits of the obligor.
(3) If an obligor is subject to two or more mandatory
benefits assignment orders on account of different obligees
and if the nonexempt portion of the obligor’s benefits is not
sufficient to respond fully to all the mandatory benefits
assignment orders, the department shall apportion the obligor’s nonexempt disposable benefits among the various obligees in proportionate shares to the extent permitted by federal
law. Any obligee may seek a court order directing the department to reapportion the obligor’s nonexempt disposable earnings upon notice to all interested obligees. The order must
specifically supersede the terms of previous mandatory benefits assignment orders the terms of which it alters. Notice
shall be by personal service, or in a manner provided by the
civil rules of superior court or applicable statute. [1991 c 365
§ 7; 1987 c 326 § 9.]
Additional notes found at www.leg.wa.gov
41.50.590 Mandatory assignment of retirement benefits—Order—Form. The mandatory benefits assignment
order shall be in the following form:
41.50.590
(2010 Ed.)
41.50.590
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON IN AND FOR THE COUNTY OF
....................
. . . . . . . . . . . . . . . . . . . .,
Obligee
vs.
. . . . . . . . . . . . . . . . . . . .,
Obligor
No. . . . .
MANDATORY
BENEFITS ASSIGNMENT
ORDER
. . . . . . . . . . . . . . . . . . . .,
The Department of Retirement Systems
of the State of Washington
THE STATE OF WASHINGTON TO: The Department of
Retirement Systems
AND TO:
..................................
Obligor
The above-named obligee claims that the above-named
obligor is more than fifteen days past due in spousal maintenance payments and that the total amount of such past due
payments is equal to or greater than one hundred dollars or
that the obligor has requested a withdrawal of accumulated
contributions from the department of retirement systems. The
amount of the accrued past due spousal maintenance debt as
of this date is . . . . . . dollars. If the obligor is receiving periodic retirement payments from the department, the amount to
be withheld from the obligor’s benefits to satisfy such
accrued spousal maintenance is . . . . . . dollars per month and
the amount to be withheld from the obligor’s benefits to satisfy current and continuing spousal maintenance is . . . . . .
per month. Upon satisfaction of the accrued past due spousal
maintenance debt, the department shall withhold only . . . . . .
dollars, the amount necessary to satisfy current and continuing spousal maintenance from the obligor’s benefits. If the
obligor has requested a withdrawal of accumulated contributions from the department, the amount to be withheld from
the obligor’s benefits to satisfy such accrued spousal maintenance is . . . . . . dollars.
You are hereby commanded to answer this order by filling in the attached form according to the instructions, and
you must mail or deliver the original of the answer to the
court, one copy to the obligee or obligee’s attorney, and one
copy to the obligor within twenty days after service of this
benefits assignment order upon you.
(1) If you are currently paying periodic retirement payments to the obligor, then you shall do as follows:
(a) Withhold from the obligor’s retirement payments
each month the lesser of:
(i) The sum of the specified arrearage payment amount
plus the specified current spousal maintenance amount; or
(ii) Fifty percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the
mandatory benefits assignment order, and all other sums may
be disbursed to the obligor.
You shall continue to withhold the ordered amounts
from nonexempt benefits of the obligor until notified by a
court order that the mandatory benefits assignment order has
been modified or terminated. You shall promptly notify the
court if and when the obligor is no longer receiving periodic
[Title 41 RCW—page 323]
41.50.600
Title 41 RCW: Public Employment, Civil Service, and Pensions
retirement payments from the department of retirement systems.
You shall deliver the withheld benefits to the clerk of the
court that issued this mandatory benefits assignment order
each month, but the first delivery shall occur no sooner than
twenty days after your receipt of this mandatory benefits
assignment order.
(2) If you are not currently paying periodic retirement
payments to the obligor but the obligor has requested a withdrawal of accumulated contributions, then you shall do as follows:
(a) Withhold from the obligor’s benefits the sum of the
specified arrearage payment amount plus the specified interest amount, up to one hundred percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the
mandatory benefits assignment order, and all other sums may
be disbursed to the obligor.
You shall mail a copy of this order and a copy of your
answer to the obligor at the mailing address in the department’s files as soon as is reasonably possible. This mandatory benefits assignment order has priority over any assignment or order of execution, garnishment, attachment, levy, or
similar legal process authorized by Washington law, except
for a wage assignment order for child support under chapter
26.18 RCW or order to withhold or deliver under chapter
74.20A RCW.
NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO
REQUEST A HEARING IN THE SUPERIOR COURT
THAT ISSUED THIS MANDATORY BENEFI TS
ASSIGNMENT ORDER, TO REQUEST THAT THE
COURT QUASH, MODIFY, OR TERMINATE THE
MANDATORY BENEFITS ASSIGNMENT ORDER.
DATED THIS . . . . day of . . . ., 19. . .
....................
Obligee,
or obligee’s attorney
......................
Judge/Court Commissioner
[1991 c 365 § 8; 1987 c 326 § 10.]
Additional notes found at www.leg.wa.gov
41.50.600 Mandatory assignment of retirement benefits—Duties of department. (1) The director or the director’s designee shall answer an order by sworn affidavit within
twenty days after the date of service. The answer shall state
whether the obligor receives periodic payments from the
department of retirement systems, whether the obligor has
requested a withdrawal of accumulated contributions from
the department, whether the department will honor the mandatory benefits assignment order and if not, the reasons why,
and whether there are other current court or administrative
orders on file with the department directing the department to
withhold all or a portion of the obligor’s benefits.
(2)(a) If any periodic retirement payments are currently
payable to the obligor, the funds subject to the mandatory
benefits assignment order shall be withheld from the next
periodic retirement payment due twenty days or more after
receipt of the mandatory benefits assignment order. The withheld amount shall be delivered to the clerk of the court that
issued the mandatory benefits assignment order each month,
41.50.600
[Title 41 RCW—page 324]
but the first delivery shall occur no sooner than twenty days
after receipt of the mandatory benefits assignment order.
(b) The department shall continue to withhold the
ordered amount from nonexempt benefits of the obligor until
notified by the court that the mandatory benefits assignment
order has been modified or terminated. If the department is
initially unable to comply, or able to comply only partially,
with the withholding obligation, the court’s order shall be
interpreted to require the department to comply to the greatest extent possible at the earliest possible date. The department shall notify the court of changes in withholding
amounts and the reason for the change. When the obligor is
no longer eligible to receive funds from one or more public
retirement systems the department shall promptly notify the
court.
(3)(a) If no periodic retirement payments are currently
payable to the obligor but the obligor has requested a withdrawal of accumulated contributions, the funds subject to the
mandatory benefits assignment order shall be withheld from
the withdrawal payment. The withheld amount shall be delivered to the clerk of the court that issued the mandatory benefits assignment order.
(b) If the department is unable to comply fully with the
withholding obligation, the court’s order shall be interpreted
to require the department to comply to the greatest extent
possible.
(4) The department may deduct a processing fee from the
remainder of the obligor’s funds after withholding under the
mandatory benefits assignment order, unless the remainder is
exempt under RCW 41.50.580. The processing fee may not
exceed (a) twenty-five dollars for the first disbursement made
by the department to the superior court clerk; and (b) six dollars for each subsequent disbursement to the clerk. Funds collected pursuant to this subsection shall be deposited in the
department of retirement systems expense fund.
(5) A court order for spousal maintenance governed by
RCW 41.50.500 through 41.50.650 or 26.09.138 shall have
priority over any other assignment or order of execution, garnishment, attachment, levy, or similar legal process authorized under Washington law, except for a mandatory wage
assignment for child support under chapter 26.18 RCW, or an
order to withhold and deliver under chapter 74.20A RCW.
(6) If the department, without good cause, fails to withhold funds as required by a mandatory benefits assignment
order issued under RCW 41.50.570, the department may be
held liable to the obligee for any amounts wrongfully disbursed to the obligor in violation of the mandatory benefits
assignment order. However, the department shall under no
circumstances be held liable for failing to withhold funds
from a withdrawal of accumulated contributions unless the
mandatory benefits assignment order was properly served on
the department at least thirty days before the department
made the withdrawal payment to the obligor. If the department is held liable to an obligee for failing to withhold funds
as required by a mandatory benefits assignment order, the
department may recover such amounts paid to an obligee by
thereafter either withholding such amounts from the available
nonexempt benefits of the obligor or filing a legal action
against the obligor.
(7) If the department complies with a court order pursuant to RCW 41.50.500 through 41.50.650, neither the depart(2010 Ed.)
Department of Retirement Systems
ment, its officers, its employees, nor any of the retirement
systems listed in RCW 41.50.030 may be liable to the obligor
or an obligee for wrongful withholding.
(8) The department may combine amounts withheld
from various obligors into a single payment to the superior
court clerk, if the payment includes a listing of the amounts
attributable to each obligor and other information as required
by the clerk.
(9) The department shall mail to the obligor at the obligor’s last known mailing address appearing in the department’s files copies of the mandatory benefits assignment
order and the department’s answer within twenty days after
receiving the mandatory benefits assignment order.
(10) The department shall not consider any withholding
allowance that is elective to the employee to be a mandatory
deduction for purposes of calculating the member’s disposable benefits subject to a mandatory benefits assignment
order. The department shall withhold elective withholdings
as elected by the employee after deducting from the benefit
the amount owing to an obligee pursuant to a mandatory benefits assignment order. [1991 c 365 § 9; 1987 c 326 § 11.]
Additional notes found at www.leg.wa.gov
41.50.610
41.50.610 Mandatory assignment of retirement benefits—Order—Answer—Form. The answer of the department shall be made on forms, served on the director with the
mandatory benefits assignment order, substantially as follows:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . . . .
...................
Obligee
vs.
No.
................
ANSWER TO
...................
MANDATORY BENEFITS
Obligor
ASSIGNMENT ORDER
...................
Department of Retirement Systems of
the State of Washington
1. At the time of the service of the mandatory benefits
assignment order on the department, was the above-named
obligor receiving periodic retirement payments from the
department of retirement systems?
Yes . . . . . . No . . . . . . (check one).
2. At the time of the service of the mandatory benefits
assignment order on the department, had the above-named
obligor requested a withdrawal of accumulated contributions from the department?
Yes . . . . . . No . . . . . . (check one).
3. Are there any other court or administrative orders on
file with the department currently in effect directing the
department to withhold all or a portion of the obligor’s benefits?
Yes . . . . . . No . . . . . . (check one).
4. If the answer to question one or two is yes and the
department cannot comply fully with the mandatory benefits assignment order, provide an explanation.
(2010 Ed.)
41.50.630
I declare under the laws of the state of Washington that
the foregoing is true and correct to the best of my knowledge.
................
Signature of director
or
................
Signature of person
answering for director
...................
Date and place
...................
...................
Place
................
Connection with director
[1987 c 326 § 12.]
41.50.620 Mandatory assignment of retirement benefits—Order—Service. (1) Service of the mandatory benefits assignment order on the department is invalid unless it is
served with four answer forms in conformance with RCW
41.50.610, together with stamped envelopes addressed to,
respectively, the clerk of the court where the order was
issued, the obligee’s attorney or the obligee, and the obligor
at the last mailing address known to the obligee. The obligee
shall also include an extra copy of the mandatory benefits
assignment order for the department to mail to the obligor.
Service on the department shall be in person or by any form
of mail requiring a return receipt.
(2) On or before the date of service of the mandatory
benefits assignment order on the department, the obligee
shall mail or cause to be mailed by certified or registered mail
a copy of the mandatory benefits assignment order to the
obligor at the obligor’s last mailing address known to the
obligee; or, in the alternative, a copy of the mandatory benefits assignment order shall be served on the obligor in the
same manner as a summons in a civil action on, before, or
within two days after the date of service of the order on the
department. This requirement is not jurisdictional, but if the
copy is not mailed or served as this subsection requires, or if
any irregularity appears with respect to the mailing or service, the superior court, in its discretion, may quash the mandatory benefits assignment order, upon motion of the obligor
promptly made and supported by an affidavit showing that
the obligor has been prejudiced due to the failure to mail or
serve the copy. [1991 c 365 § 10; 1987 c 326 § 13.]
41.50.620
Additional notes found at www.leg.wa.gov
41.50.630 Mandatory assignment of retirement benefits—Hearing to quash, modify, or terminate order. In a
hearing to quash, modify, or terminate the mandatory benefits assignment order, the court may grant relief only upon a
showing that the mandatory benefits assignment order causes
extreme hardship or substantial injustice. Satisfaction by the
obligor of all past due payments subsequent to the issuance of
the mandatory benefits assignment order is not grounds to
quash, modify, or terminate the mandatory benefits assignment order. If a mandatory benefits assignment order has
been in operation for twelve consecutive months and the obligor’s spousal maintenance is current, the court may terminate
the order upon motion of the obligor unless the obligee can
show good cause as to why the mandatory benefits assign41.50.630
[Title 41 RCW—page 325]
41.50.640
Title 41 RCW: Public Employment, Civil Service, and Pensions
ment order should remain in effect. [1991 c 365 § 11; 1987 c
326 § 14.]
Additional notes found at www.leg.wa.gov
conflicts with any applicable federal or state laws. [1987 c
326 § 27.]
41.50.670 Property division obligations—Direct payments pursuant to court order. (1) Nothing in this chapter
regarding mandatory assignment of benefits to enforce a
spousal maintenance obligation shall abridge the right of an
obligee to direct payments of retirement benefits to satisfy a
property division obligation ordered pursuant to a court
decree of dissolution or legal separation or any court order or
court-approved property settlement agreement incident to
any court decree of dissolution or legal separation as provided in RCW 2.10.180, 2.12.090, 41.26.053, 41.26.162,
41.32.052, 41.35.100, 41.34.070(4), 41.40.052, 43.43.310,
41.37.090, or 26.09.138, as those statutes existed before July
1, 1987, and as those statutes exist on and after July 28, 1991.
The department shall pay benefits under this chapter in a
lump sum or as a portion of periodic retirement payments as
expressly provided by the dissolution order. A dissolution
order may not order the department to pay a periodic retirement payment or lump sum unless that payment is specifically authorized under the provisions of chapter 2.10, 2.12,
41.26, 41.32, 41.35, 41.34, 41.40, 41.37, or 43.43 RCW, as
applicable.
(2) The department shall pay directly to an obligee the
amount of periodic retirement payments or lump sum payment, as appropriate, specified in the dissolution order if the
dissolution order filed with the department pursuant to subsection (1) of this section includes a provision that states in
the following form:
If . . . . . . (the obligor) receives periodic retirement payments as defined in RCW 41.50.500, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars
from such payments or . . . percent of such payments. If the
obligor’s debt is expressed as a percentage of his or her periodic retirement payment and the obligee does not have a survivorship interest in the obligor’s benefit, the amount
received by the obligee shall be the percentage of the periodic
retirement payment that the obligor would have received had
he or she selected a standard allowance.
If . . . . . . (the obligor) requests or has requested a withdrawal of accumulated contributions as defined in RCW
41.50.500, or becomes eligible for a lump sum death benefit,
the department of retirement systems shall pay to . . . . . . (the
obligee) . . . . . . dollars plus interest at the rate paid by the
department of retirement systems on member contributions.
Such interest to accrue from the date of this order’s entry with
the court of record.
(3) This section does not require a member to select a
standard allowance upon retirement nor does it require the
department to recalculate the amount of a retiree’s periodic
retirement payment based on a change in survivor option.
(4) A court order under this section may not order the
department to pay more than seventy-five percent of an obligor’s periodic retirement payment to an obligee.
(5) Persons whose court decrees were entered between
July 1, 1987, and July 28, 1991, shall also be entitled to
receive direct payments of retirement benefits to satisfy
court-ordered property divisions if the dissolution orders
comply or are modified to comply with this section and RCW
41.50.680 through 41.50.720 and, as applicable, RCW
41.50.670
41.50.640 Mandatory assignment of retirement benefits—Award of costs to prevailing party. In any action to
enforce a dissolution order by means of a mandatory benefits
assignment order pursuant to RCW 41.50.530 through
41.50.630 and 26.09.138, the court may award costs to the
prevailing party, including an award for reasonable attorneys’ fees consistent with RCW 26.09.140. An obligor shall
not be considered a prevailing party under this section unless
the obligee has acted in bad faith in connection with the proceeding in question. This section does not authorize an award
of attorneys’ fees against the department of retirement systems or any of the retirement systems listed in RCW
41.50.030. [1987 c 326 § 15.]
41.50.640
41.50.650 Payments pursuant to court orders
entered under prior law. (1) Notwithstanding RCW
2.10.180(1), 2.12.090(1), *41.26.180(1), 41.32.052(1),
41.40.052(1), and 43.43.310(1) as those sections existed
between July 1, 1987, and July 28, 1991, the department of
retirement systems shall make direct payments of benefits to
a spouse or ex spouse pursuant to court orders or decrees
entered before July 1, 1987, that complied with all the
requirements in RCW 2.10.180(1), 2.12.090(2),
*41.26.180(3), 41.32.052(3), 41.40.052(3), 43.43.310(2),
and **41.04.310 through 41.04.330, as such requirements
existed before July 1, 1987. The department shall be responsible for making direct payments only if the decree or court
order expressly orders the department to make direct payments to the spouse or ex spouse and specifies a sum certain
or percentage amount of the benefit payments to be made to
the spouse or ex spouse.
(2) The department of retirement systems shall notify a
spouse or ex spouse who, pursuant to a mandatory benefits
assignment order entered between July 1, 1987, and July 28,
1991, is receiving benefits in satisfaction of a court-ordered
property division, that he or she is entitled to receive direct
payments of a court-ordered property division pursuant to
RCW 41.50.670 if the dissolution order fully complies or is
modified to fully comply with the requirements of RCW
41.50.670 through 41.50.720 and, as applicable, RCW
2.10.180, 2.12.090, *41.26.180, 41.32.052, 41.40.052,
43.43.310, and 26.09.138. The department shall send notice
in writing as soon as reasonably feasible but no later than
ninety days after July 28, 1991. The department shall also
send notice to the obligor member spouse. [1991 c 365 § 12;
1987 c 326 § 16.]
41.50.650
Reviser’s note: *(1) RCW 41.26.180 was recodified as RCW
41.26.053 pursuant to 1994 c 298 § 5.
**(2) RCW 41.04.310 through 41.04.330 were repealed by 1987 c 326
§ 21, effective July 1, 1987.
Additional notes found at www.leg.wa.gov
41.50.660 Mandatory assignment of retirement benefits—Rules. The director shall adopt such rules under RCW
41.50.050 as the director may find necessary to carry out the
purposes of RCW 41.50.500 through 41.50.650 and to avoid
41.50.660
[Title 41 RCW—page 326]
(2010 Ed.)
Department of Retirement Systems
2.10.180, 2.12.090, 41.26.053, 41.32.052, 41.35.100,
41.34.070, 41.40.052, 43.43.310, 41.37.090, and 26.09.138.
(6) The obligee must file a copy of the dissolution order
with the department within ninety days of that order’s entry
with the court of record.
(7) A division of benefits pursuant to a dissolution order
under this section shall be based upon the obligor’s gross
benefit prior to any deductions. If the department is required
to withhold a portion of the member’s benefit pursuant to 26
U.S.C. Sec. 3402 and the sum of that amount plus the amount
owed to the obligee exceeds the total benefit, the department
shall satisfy the withholding requirements under 26 U.S.C.
Sec. 3402 and then pay the remainder to the obligee. The
provisions of this subsection do not apply to amounts withheld pursuant to 26 U.S.C. Sec. 3402(i). [2004 c 242 § 51;
2002 c 158 § 5; 1998 c 341 § 513; 1996 c 39 § 18; 1991 c 365
§ 13.]
Effective date—2004 c 242: See RCW 41.37.901.
Additional notes found at www.leg.wa.gov
41.50.680 Property division obligations—Processing
fee. The department may deduct a processing fee for administering direct payments under RCW 41.50.670 according to
the dissolution order. The fee may not exceed (1) seventyfive dollars or the actual average administrative costs, whichever is less, for the first disbursement made by the department; and (2) six dollars or the actual average administrative
costs, whichever is less for subsequent disbursements. The
department shall deduct the fee in equal dollar amounts from
the obligee’s and obligor’s payments. The funds collected
pursuant to this section shall be deposited in the department
of retirement systems expense account. [1991 c 365 § 14.]
41.50.680
Additional notes found at www.leg.wa.gov
41.50.690 Property division obligations—Obligee
entitled to statement of obligor’s retirement benefits—
When. Unless otherwise prohibited by federal law, following both the initial and final postretirement audit of an obligor’s retirement benefit, the department shall provide an obligee entitled to direct payment of retirement benefits pursuant
to a dissolution order under RCW 41.50.670 with a statement
of monthly retirement benefit allowance to be paid to the
obligor, and other retirement benefit information available to
the obligor including the average final compensation, total
years of service, retirement date, the amount of the employee
contributions made prior to implementation of employer
pickup under RCW 41.04.445 and 41.04.450, and savings
and interest. [1991 c 365 § 15.]
41.50.690
Additional notes found at www.leg.wa.gov
41.50.700 Property division obligations—Cessation
upon death of obligee or obligor—Payment treated as
deduction from member’s periodic retirement payment.
(1) Except under subsection (3) of this section and RCW
41.26.460(5), 41.32.530(5), 41.32.785(5), 41.32.851(4),
41.35.220(4), 41.40.188(5), 41.40.660(5), 41.40.845(4),
43.43.271(4), and 41.34.080, the department’s obligation to
provide direct payment of a property division obligation to an
obligee under RCW 41.50.670 shall cease upon the death of
the obligee or upon the death of the obligor, whichever comes
41.50.720
first. However, if an obligor dies and is eligible for a lump
sum death benefit, the department shall be obligated to provide direct payment to the obligee of all or a portion of the
withdrawal of accumulated contributions pursuant to a court
order that complies with RCW 41.50.670.
(2) The direct payment of a property division obligation
to an obligee under RCW 41.50.670 shall be paid as a deduction from the member’s periodic retirement payment. An
obligee may not direct the department to withhold any funds
from such payment.
(3) The department’s obligation to provide direct payment to a nonmember ex spouse from a preretirement divorce
meeting the criteria of RCW *41.26.162(2) or 43.43.270(2)
may continue for the life of the member’s surviving spouse
qualifying for benefits under RCW 41.26.160, 41.26.161, or
43.43.270(2). Upon the death of the member’s surviving
spouse qualifying for benefits under RCW 41.26.160,
41.26.161, or 43.43.270(2), the department’s obligation
under this subsection shall cease. The department’s obligation to provide direct payment to a nonmember ex spouse
qualifying for a continued split benefit payment under *RCW
41.26.162(3) shall continue for the life of that nonmember ex
spouse. [2003 c 294 § 12; 2002 c 158 § 6; 1991 c 365 § 16.]
*Reviser’s note: RCW 41.26.162 was amended by 2005 c 62 § 3, deleting subsections (2) and (3).
Additional notes found at www.leg.wa.gov
41.50.710 Property division obligations—Remedies
exclusive—Payment pursuant to court order defense
against claims. (1) The remedies provided in RCW
41.50.670 through 41.50.720 are the exclusive remedies
enforceable against the department or the retirement systems
listed in RCW 41.50.030 for the direct payment of retirement
benefits to satisfy a property division obligation pursuant to a
dissolution order. The department shall not be required to
make payments to an obligee of benefits accruing prior to (a)
thirty calendar days following service of the dissolution order
on the department; or (b) benefit payments restrained under
RCW 41.50.720.
(2) Whenever the department of retirement systems
makes direct payments of property division to a spouse or ex
spouse under RCW 41.50.670 to the extent expressly provided for in any court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to any court decree of dissolution or
legal separation, it shall be a sufficient answer to any claim of
a beneficiary against the department for the department to
show that the payments were made pursuant to court decree.
[1991 c 365 § 17.]
41.50.710
Additional notes found at www.leg.wa.gov
41.50.700
(2010 Ed.)
41.50.720 Payment of benefits—Restraining orders.
A party to a dissolution proceeding may file a motion with
the court requesting the court to enter an order restraining the
department from paying any benefits to a member until further order of the court. The department shall not initiate payment of benefits to a member from the time a restraining
order is served on the department until the court enters a further order disposing of the benefits. [1991 c 365 § 25.]
41.50.720
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 327]
41.50.730
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.50.730 Retirement or termination agreement payments—Effect on pension benefits calculation. Any payment made by an employer to a member of any retirement
system enumerated in RCW 41.50.030 based on either an
agreement of the employee to terminate or retire; or notification to the employer of intent to retire; shall affect retirement
as follows:
(1) If the agreement does not require the employee to
perform additional service, the payment shall not be used in
any way to calculate the pension benefit.
(2) If the agreement requires additional service and
results in payment at the same or a lower rate than that paid
for the same or similar service by other employees it may be
included in the pension benefit calculation but shall be
deemed excess compensation and is billable to the employer
as provided in RCW 41.50.150.
(3) If the agreement requires additional service and
results in payment at a rate higher than that paid for the same
or similar service by other employees, that portion of the payment which equals the payment for the same or similar service shall be treated as described in subsection (2) of this section, and the balance of the payment shall be treated as
described in subsection (1) of this section. [1993 c 270 § 1.]
41.50.730
41.50.740 Retirement or termination agreement payments—Opportunity to change payment options. Members of the teachers’ retirement system who retired prior to
January 1, 1993, from service with a community college district whose reported earnable compensation included payments made pursuant to an agreement to terminate or retire,
or to provide notice of intent to retire, and whose retirement
allowance has been reduced under RCW 41.50.150 or is
reduced after July 25, 1993, under RCW 41.50.730, shall
have an opportunity to change the retirement allowance payment option selected by the member under RCW 41.32.530.
Any request for a change shall be made in writing to the
department no later than October 31, 1993, and shall apply
prospectively only. [1993 c 270 § 2.]
41.50.740
41.50.750 Retirement or termination agreement payments—Overpayments not required to be repaid. (1)
Retirees whose reported earnable compensation included
payments made pursuant to an agreement to terminate or
retire, or to provide notice of intent to retire, shall not be
required to repay to the trust funds any overpayments resulting from the employer misreporting, subject to the conditions
provided in subsection (2) of this section. The retirees’ allowances shall be prospectively adjusted to reflect the benefits to
which the retirees are correctly entitled.
(2) Subsection (1) of this section shall apply only to
members of the teachers’ retirement system who retired prior
to January 1, 1993, from service with a community college
district.
(3) Any retirees under subsection (2) of this section who,
since January 1, 1990, have had their retirement allowances
reduced under RCW 41.50.130(1)(b) because of the inclusion
of retirement agreement payments in calculating their allowances, shall have their allowances adjusted to reflect the benefits to which the retirees are correctly entitled, but without a
reduction to recoup prior overpayments. The retirees shall be
reimbursed by the retirement system for the cumulative
41.50.750
[Title 41 RCW—page 328]
amount of the reduction in the retirement allowance that has
occurred since January 1, 1990, to recoup prior overpayments.
(4) Any retirees covered by subsection (2) of this section
who, after January 1, 1990, repaid a previous overpayment in
a lump sum under RCW 41.50.130(1)(b) because of the
inclusion of retirement agreement payments in calculating
their allowances, shall be reimbursed by the retirement system for the amount of the lump sum repayment. [1993 c 270
§ 3.]
41.50.760 Cost-of-living adjustments—Alternative
calculation—Election. The department of retirement systems may continue to pay cost-of-living adjustments consistent with the provisions of the statutes repealed by section 11,
chapter 345, Laws of 1995, in lieu of the benefits provided by
RCW 41.32.489, 41.32.4872, 41.40.197, and 41.40.1986, if
the department determines that: (1) A member earned service
credit under chapter 41.40 or 41.32 RCW on or after May 8,
1989; and (2) a retiree would receive greater increases in the
next ten years under the statutes repealed by section 11, chapter 345, Laws of 1995 than under the provisions of RCW
41.32.489, 41.32.4872, 41.40.197, and 41.40.1986; and (3)
the retiree does not elect the benefits provided by chapter
345, Laws of 1995 over the benefits provided under the statutes repealed by section 11, chapter 345, Laws of 1995. The
election must be made in a manner prescribed by the department. [1995 c 345 § 13.]
41.50.760
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.50.770 Deferred compensation plans. (1)
"Employee" as used in this section and RCW 41.50.780
includes all full-time, part-time, and career seasonal employees of the state, a county, a municipality, or other political
subdivision of the state, whether or not covered by civil service; elected and appointed officials of the executive branch
of the government, including full-time members of boards,
commissions, or committees; justices of the supreme court
and judges of the court of appeals and of the superior and district courts; and members of the state legislature or of the legislative authority of any county, city, or town.
(2) The state, through the department, and any county,
municipality, or other political subdivision of the state acting
through its principal supervising official or governing body is
authorized to contract with an employee to defer a portion of
that employee’s income, which deferred portion shall in no
event exceed the amount allowable under 26 U.S.C. Sec. 457,
and deposit or invest such deferred portion in a credit union,
savings and loan association, bank, or mutual savings bank or
purchase life insurance, shares of an investment company, or
fixed and/or variable annuity contracts from any insurance
company or any investment company licensed to contract
business in this state.
(3) Employees participating in the state deferred compensation plan administered by the department shall selfdirect the investment of the deferred portion of their income
through the selection of investment options as set forth in
subsection (4) of this section.
(4) The department can provide such plans as it deems
are in the interests of state employees. In addition to the
41.50.770
(2010 Ed.)
Department of Retirement Systems
types of investments described in this section, the state
investment board, with respect to the state deferred compensation plan, shall invest the deferred portion of an employee’s
income, without limitation as to amount, in accordance with
RCW 43.84.150, 43.33A.140, and 41.50.780, and pursuant to
investment policy established by the state investment board
for the state deferred compensation plans. The state investment board, after consultation with the director regarding any
recommendations made pursuant to RCW 41.50.088(2), shall
provide a set of options for participants to choose from for
investment of the deferred portion of their income. Any
income deferred under such a plan shall continue to be
included as regular compensation, for the purpose of computing the state or local retirement and pension benefits earned
by any employee.
(5) Coverage of an employee under a deferred compensation plan under this section shall not render such employee
ineligible for simultaneous membership and participation in
any pension system for public employees. [2010 1st sp.s. c 7
§ 29; 1998 c 116 § 11; 1995 c 239 § 314.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.50.780 Deferred compensation principal and
administrative accounts created—Participation in
deferred compensation plans—Department’s duties. (1)
The deferred compensation principal account is hereby created in the state treasury.
(2) The amount of compensation deferred by employees
under agreements entered into under the authority contained
in RCW 41.50.770 shall be paid into the deferred compensation principal account and shall be sufficient to cover costs of
administration and staffing in addition to such other amounts
as determined by the department. The deferred compensation
principal account shall be used to carry out the purposes of
RCW 41.50.770. All eligible state employees shall be given
the opportunity to participate in agreements entered into by
the department under RCW 41.50.770. State agencies shall
cooperate with the department in providing employees with
the opportunity to participate.
(3) Any county, municipality, or other subdivision of the
state may elect to participate in any agreements entered into
by the department under RCW 41.50.770, including the making of payments therefrom to the employees participating in a
deferred compensation plan upon their separation from state
or other qualifying service. Accordingly, the deferred compensation principal account shall be considered to be a public
pension or retirement fund within the meaning of Article
XXIX, section 1 of the state Constitution, for the purpose of
determining eligible investments and deposits of the moneys
therein.
(4) All moneys in the state deferred compensation principal account and the state deferred compensation administrative account, all property and rights purchased therewith,
and all income attributable thereto, shall be held in trust by
the state investment board, as set forth under RCW
43.33A.030, for the exclusive benefit of the state deferred
41.50.780
(2010 Ed.)
41.50.780
compensation plan’s participants and their beneficiaries.
Neither the participant, nor the participant’s beneficiary or
beneficiaries, nor any other designee, has any right to commute, sell, assign, transfer, or otherwise convey the right to
receive any payments under the plan. These payments and
right thereto are nonassignable and nontransferable. Unpaid
accumulated deferrals are not subject to attachment, garnishment, or execution and are not transferable by operation of
law in event of bankruptcy or insolvency, except to the extent
otherwise required by law.
(5) The state investment board has the full power to
invest moneys in the state deferred compensation principal
account and the state deferred compensation administrative
account in accordance with RCW 43.84.150, 43.33A.140,
and 41.50.770, and cumulative investment directions
received pursuant to RCW 41.50.770. All investment and
operating costs of the state investment board associated with
the investment of the deferred compensation plan assets shall
be paid pursuant to RCW 43.33A.160 and 43.84.160. With
the exception of these expenses, one hundred percent of all
earnings from these investments shall accrue directly to the
deferred compensation principal account.
(6)(a) No state board or commission, agency, or any
officer, employee, or member thereof is liable for any loss or
deficiency resulting from participant investments selected
pursuant to RCW 41.50.770(3).
(b) Neither the department, nor the director or any
employee, nor the state investment board, nor any officer,
employee, or member thereof is liable for any loss or deficiency resulting from reasonable efforts to implement investment directions pursuant to RCW 41.50.770(3).
(7) The deferred compensation administrative account is
hereby created in the state treasury. All expenses of the
department pertaining to the deferred compensation plan
including staffing and administrative expenses shall be paid
out of the deferred compensation administrative account.
Any excess balances credited to this account over administrative expenses disbursed from this account shall be transferred
to the deferred compensation principal account at such time
and in such amounts as may be determined by the department
with the approval of the office of financial management. Any
deficiency in the deferred compensation administrative
account caused by an excess of administrative expenses disbursed from this account shall be transferred to this account
from the deferred compensation principal account.
(8)(a)(i) The department shall keep or cause to be kept
full and adequate accounts and records of the assets of each
individual participant, obligations, transactions, and affairs of
any deferred compensation plans created under RCW
41.50.770 and this section. The department shall account for
and report on the investment of state deferred compensation
plan assets or may enter into an agreement with the state
investment board for such accounting and reporting.
(ii) The department’s duties related to individual participant accounts include conducting the activities of trade
instruction, settlement activities, and direction of cash movement and related wire transfers with the custodian bank and
outside investment firms.
(iii) The department has sole responsibility for contracting with any recordkeepers for individual participant
[Title 41 RCW—page 329]
41.50.790
Title 41 RCW: Public Employment, Civil Service, and Pensions
accounts and shall manage the performance of recordkeepers
under those contracts.
(b)(i) The department’s duties under (a)(ii) of this subsection do not limit the authority of the state investment
board to conduct its responsibilities for asset management
and balancing of the deferred compensation funds.
(ii) The state investment board has sole responsibility for
contracting with outside investment firms to provide investment management for the deferred compensation funds and
shall manage the performance of investment managers under
those contracts.
(c) The state treasurer shall designate and define the
terms of engagement for the custodial banks.
(9) The department may adopt rules necessary to carry
out its responsibilities under RCW 41.50.770 and this section. [2010 1st sp.s. c 7 § 30; 2008 c 229 § 12; 2001 c 181 §
2. Prior: 1998 c 245 § 42; 1998 c 116 § 12; 1995 c 239 §
315.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective date—2008 c 229: See note following RCW 41.05.295.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
Additional notes found at www.leg.wa.gov
41.50.790 Survivor benefits—Dissolution orders. (1)
The department shall designate an obligee as a survivor beneficiary of a member under RCW 2.10.146, 41.26.460,
41.32.530, 41.32.785, 41.32.851, 41.35.220, 41.40.188,
41.40.660, 41.37.170, or 41.40.845 if the department has
been served by registered or certified mail with a dissolution
order as defined in RCW 41.50.500 at least thirty days prior
to the member’s retirement. The department’s duty to comply with the dissolution order arises only if the order contains
a provision that states in substantially the following form:
41.50.790
When . . . . . . (the obligor) applies for retirement the
department shall designate . . . . . . (the obligee) as
survivor beneficiary with a . . . . . . survivor benefit.
The survivor benefit designated in the dissolution order must
be consistent with the survivor benefit options authorized by
statute or administrative rule.
(2) The obligee’s entitlement to a survivor benefit pursuant to a dissolution order filed with the department in compliance with subsection (1) of this section shall cease upon the
death of the obligee.
(3)(a) A subsequent dissolution order may order the
department to divide a survivor benefit between a survivor
beneficiary and an alternate payee. In order to divide a survivor benefit between more than one payee, the dissolution
order must:
(i) Be ordered by a court of competent jurisdiction following notice to the survivor beneficiary;
(ii) Contain a provision that complies with subsection (1)
of this section designating the survivor beneficiary;
(iii) Contain a provision clearly identifying the alternate
payee or payees; and
(iv) Specify the proportional division of the benefit
between the survivor beneficiary and the alternate payee or
payees.
[Title 41 RCW—page 330]
(b) The department will calculate actuarial adjustment
for the court-ordered survivor benefit based upon the life of
the survivor beneficiary.
(c) If the survivor beneficiary dies, the department shall
terminate the benefit. If the alternate payee predeceases the
survivor beneficiary, all entitlement of the alternate payee to
a benefit ceases and the entire benefit will revert to the survivor beneficiary.
(d) For purposes of this section, "survivor beneficiary"
means:
(i) The obligee designated in the provision of dissolution
filed in compliance with subsection (1) of this section; or
(ii) In the event of more than one dissolution order, the
obligee named in the first decree of dissolution received by
the department.
(e) For purposes of this section, "alternate payee" means
a person, other than the survivor beneficiary, who is granted
a percentage of a survivor benefit pursuant to a dissolution
order.
(4) The department shall under no circumstances be held
liable for not designating an obligee as a survivor beneficiary
under subsection (1) of this section if the dissolution order or
amendment thereto is not served on the department by registered or certified mail at least thirty days prior to the member’s retirement.
(5) If a dissolution order directing designation of a survivor beneficiary has been previously filed with the department
in compliance with this section, no additional obligation shall
arise on the part of the department upon filing of a subsequent
dissolution order unless the subsequent dissolution order:
(a) Specifically amends or supersedes the dissolution
order already on file with the department; and
(b) Is filed with the department by registered or certified
mail at least thirty days prior to the member’s retirement.
(6) The department shall designate a court-ordered survivor beneficiary pursuant to a dissolution order filed with the
department before June 6, 1996, only if the order:
(a) Specifically directs the member or department to
make such selection;
(b) Specifies the survivor option to be selected; and
(c) The member retires after June 6, 1996. [2004 c 242 §
52; 2002 c 26 § 8; 1998 c 341 § 514; 1996 c 175 § 1.]
Effective date—2004 c 242: See RCW 41.37.901.
Additional notes found at www.leg.wa.gov
41.50.800 Apportionment of budgeted funds of
affected agencies. If apportionments of budgeted funds are
required because of the transfers herein authorized, the director of financial management shall certify such apportionments to the agencies affected, the state auditor, and the state
treasurer. Each of these shall make the appropriate transfer
and adjustment in funds and appropriation accounts and
equipment records in accordance with such certification.
[1979 c 151 § 64; 1975-’76 2nd ex.s. c 105 § 13.]
41.50.800
41.50.801 Continuation of rules, pending business,
contracts, investments, etc. On the effective date of transfer
as provided in RCW 41.50.030, all rules and regulations, and
all pending business before any of the retirement boards
whose powers, duties, and functions are transferred to the
41.50.801
(2010 Ed.)
Department of Retirement Systems
department by this chapter shall be continued and acted upon
by the department.
All existing contracts and obligations pertaining to the
functions herein transferred shall remain in full force and
effect, and shall be performed by the department. None of the
transfers directed by this chapter shall affect the validity of
any act performed by a retirement board or by any official or
employee thereof prior to the effective date of transfer as provided in RCW 41.50.030.
None of the transfers involving investment of funds by
any of the retirement boards shall affect the validity of any
act performed by such boards or by any official or employee
thereof prior to the effective date of transfer as provided in
RCW 41.50.030. [1975-’76 2nd ex.s. c 105 § 14.]
41.50.802 Transfer of reports, documents, etc., property, funds, assets, appropriations, etc. All reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and
functions transferred by this chapter shall be made available
to the department and to the state actuary.
All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed in carrying out the
powers, duties, and functions transferred by this chapter shall
be made available to the department.
All funds, credits, or other assets held in connection with
powers, duties, and functions transferred by this chapter shall
be assigned to the department.
Any appropriations made to any committee, division,
board, or any other state agency for the purpose of carrying
out the powers, duties, and functions transferred by this chapter shall, in the manner prescribed by the director of financial
management, be transferred and credited to the department
for the purpose of carrying out such transferred powers,
duties, and functions. [1979 c 151 § 65; 1975-’76 2nd ex.s. c
105 § 15.]
41.50.802
41.50.803 Savings. Nothing in this chapter nor in the
amendment of RCW 43.17.010, 43.17.020, or *43.33.070
shall be construed to affect any existing rights acquired under
RCW 43.17.010, 43.17.020, or *43.33.070 except as to the
governmental agencies referred to and their officials and
employees, nor as affecting any actions, activities, or proceedings validated thereunder, nor as affecting any civil or
criminal proceedings instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken thereunder; and neither the abolition of any
agency or division thereof nor any transfer of powers, duties,
and functions as provided in this chapter shall affect the
validity of any act performed by such agency or division
thereof or any officer thereof prior to the effective date of
transfer as provided in RCW 41.50.030. [1975-’76 2nd ex.s.
c 105 § 16.]
41.50.803
*Reviser’s note: RCW 43.33.070 was repealed by 1981 c 3 § 48, effective July 1, 1981.
41.50.810 Blind mailings to retirees—Restrictions.
(1) Any organization that exclusively provides representation
or services to retired members of the Washington state retirement systems and has membership dues deducted through the
41.50.810
(2010 Ed.)
41.50.902
department of retirement systems has the right to request the
department to assist in doing blind mailings to retirees twice
each year. The mailings must provide information to members of the retirement systems eligible for membership in the
retiree organization regarding services offered by the retiree
organization. The mailings shall not be for the purpose of
supporting or opposing any political party, ballot measure, or
candidate. The retiree organization must provide all printed
materials to be mailed and envelopes to a mail processing
center and pay all costs for generating mailing labels, inserting materials into envelopes, sealing, labeling, and delivering
materials to be mailed to a bulk mail center or post office.
The organization must use its own bulk mail permit and pay
all postage costs.
(2) The department must provide requested retiree data
for addressing the envelopes to the mail center under a secure
data share agreement with the mail center under which neither the organizations nor any other entity has direct access to
any names or addresses. The department has no obligation to
approve or disapprove, or in any other way take any responsibility for, the content of the mailings. Only organizations
that meet the requirements under subsection (1) of this section and have legal authority to provide services to retirement
system retirees have the right to request assistance with blind
mailings. [2009 c 30 § 1.]
41.50.900
41.50.900 Severability—1975-’76 2nd ex.s. c 105.
See note following RCW 41.04.270.
41.50.901
41.50.901 Effective date—1987 c 326. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1987.
[1987 c 326 § 29.]
41.50.902
41.50.902 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
101.]
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
[Title 41 RCW—page 331]
Chapter 41.54
Chapter 41.54
Title 41 RCW: Public Employment, Civil Service, and Pensions
Chapter 41.54 RCW
PORTABILITY OF
PUBLIC RETIREMENT BENEFITS
Purpose—1993 c 517: See note following RCW 41.26.420.
Additional notes found at www.leg.wa.gov
41.54.020 Benefits under prior retirement systems—
Restoration of contributions. (1) Those persons who are
dual members on or after July 1, 1988, shall not receive a
retirement benefit from any prior system while dual members
without the loss of all benefits under this chapter. Retroactive
retirement in any prior system will cancel membership in any
subsequent systems except as allowed under RCW 41.04.270
and will result in the refund of all employee and employer
contributions made to such systems.
(2) If a member has withdrawn contributions from a
prior system, the member may restore the contributions,
together with interest since the date of withdrawal as determined by the system, and recover the service represented by
the contributions. Such restoration must be completed within
two years of establishing dual membership or prior to retirement, whichever occurs first.
(3) If a member does not meet the time limitation under
subsection (2) of this section, the member, prior to retirement, may restore the service credit destroyed by the withdrawn contributions by paying the amount required under
RCW 41.50.165(2).
(4) Any service accrued in one system by the member
shall not accrue in any other system. [1994 c 197 § 32; 1987
c 384 § 2; 1987 c 192 § 2.]
41.54.020
Sections
41.54.010
41.54.020
41.54.030
41.54.032
41.54.034
41.54.040
41.54.070
41.54.080
41.54.090
41.54.100
41.54.900
41.54.901
41.54.902
Definitions.
Benefits under prior retirement systems—Restoration of contributions.
Calculation of service retirement allowance.
Calculation of disability retirement allowance.
Calculation of surviving spouse’s death benefit.
Payment of retirement allowance and postretirement adjustments—Death benefit.
Benefits under chapter—Minimum and maximum.
Benefits under chapter—Contractual rights not established.
Benefits under chapter—Lump sum payment.
Transfer of membership under chapter 341, Laws of 1998—
Benefits not diminished.
Effective dates—1987 c 192.
Effective date—1988 c 195.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
41.54.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Base salary" means salaries or wages earned by a
member of a system during a payroll period for personal services and includes wages and salaries deferred under provisions of the United States internal revenue code, but shall
exclude overtime payments, nonmoney maintenance compensation, and lump sum payments for deferred annual sick
leave, unused accumulated vacation, unused accumulated
annual leave, any form of severance pay, any bonus for voluntary retirement, any other form of leave, or any similar
lump sum payment; except that forms of payment which are
excluded under this subsection shall be included in base salary when reportable to the department in all of a dual member’s retirement systems, and when none of the dual member’s retirement systems are the Washington state patrol
retirement system.
(2) "Department" means the department of retirement
systems.
(3) "Director" means the director of the department of
retirement systems.
(4) "Dual member" means a person who (a) is or
becomes a member of a system on or after July 1, 1988, (b)
has been a member of one or more other systems, and (c) has
never been retired for service from a retirement system and is
not receiving a disability retirement or disability leave benefit
from any retirement system listed in RCW 41.50.030 or subsection (6) of this section.
(5) "Service" means the same as it may be defined in
each respective system. For the purposes of RCW 41.54.030,
military service granted under RCW 41.40.170(3) or
43.43.260 may only be based on service accrued under chapter 41.40 or 43.43 RCW, respectively.
(6) "System" means the retirement systems established
under chapters 41.32, 41.40, 41.44, 41.35, 41.37, and 43.43
RCW; plan 2 of the system established under chapter 41.26
RCW; and the city employee retirement systems for Seattle,
Tacoma, and Spokane. [2007 c 207 § 1; 2004 c 242 § 58;
1998 c 341 § 702; 1993 c 517 § 8; 1990 c 192 § 1; 1988 c 195
§ 1; 1987 c 192 § 1.]
41.54.010
Effective date—2004 c 242: See RCW 41.37.901.
[Title 41 RCW—page 332]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Additional notes found at www.leg.wa.gov
41.54.030 Calculation of service retirement allowance. (1) A dual member may combine service in all systems
for the purpose of:
(a) Determining the member’s eligibility to receive a service retirement allowance; and
(b) Qualifying for a benefit under RCW 41.26.530(2),
41.32.840(2), 41.35.620, or 41.40.790.
(2) A dual member who is eligible to retire under any
system may elect to retire from all the member’s systems and
to receive service retirement allowances calculated as provided in this section. Each system shall calculate the allowance using its own criteria except that the member shall be
allowed to substitute the member’s base salary from any system as the compensation used in calculating the allowance.
(3) The service retirement allowances from a system
which, but for this section, would not be allowed to be paid at
this date based on the dual member’s age may be received
immediately or deferred to a later date. The allowances shall
be actuarially adjusted from the earliest age upon which the
combined service would have made such dual member eligible in that system.
(4) The service retirement eligibility requirements of
RCW 41.40.180 shall apply to any dual member whose prior
system is plan 1 of the public employees’ retirement system
established under chapter 41.40 RCW. [2007 c 207 § 2; 2003
c 294 § 13; 1998 c 341 § 703. Prior: 1996 c 55 § 4; 1996 c
55 § 3; 1996 c 39 § 19; 1995 c 239 § 319; 1990 c 192 § 2;
1988 c 195 § 2; 1987 c 192 § 3.]
41.54.030
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Benefits not contractual right until date specified: RCW 41.34.100.
(2010 Ed.)
Portability of Public Retirement Benefits
Additional notes found at www.leg.wa.gov
41.54.032 Calculation of disability retirement allowance. (1) If a dual member becomes disabled, the member’s
service in all systems may be combined for the sole purpose
of determining the member’s eligibility to receive a disability
retirement allowance from the member’s current system.
(2) The member’s current system shall use its own criteria to:
(a) Determine the member’s eligibility for a disability
retirement allowance; and
(b) Calculate the disability retirement allowance based
on service actually established in the current system. The
member shall be allowed to substitute the member’s base salary from any system as the compensation used in calculating
the allowance.
(3) Subsections (1) and (2) of this section shall not apply
to the member’s prior system.
(4) A dual member who is eligible to receive a disability
retirement under the current system may elect to receive a
service retirement from all prior systems and to receive service retirement allowances calculated as provided in this section. Each system shall calculate the service retirement allowance using its own criteria except that the member shall be
allowed to substitute the member’s base salary from any system as the compensation used in calculating the service
retirement allowance.
(5) The service retirement allowances from a system
which, but for this section, would not be allowed to be paid at
this date based on the dual member’s age, may be received
immediately or deferred to a later date. The allowances shall
be actuarially adjusted from the earliest age upon which the
combined service would have made such dual member eligible in that system.
(6) This section shall not apply to any disability benefit
under:
(a) RCW 41.40.220; or
(b) The Washington state patrol retirement system established under chapter 43.43 RCW. [1996 c 55 § 1.]
41.54.032
41.54.034 Calculation of surviving spouse’s death
benefit. (1) If a dual member dies in service in any system,
the member’s service in all systems may be combined for the
sole purpose of determining the surviving spouse’s eligibility
to receive a death benefit from each of the member’s current
and prior systems.
(2) Each system shall use its own criteria to:
(a) Determine the surviving spouse’s eligibility for a
death benefit; and
(b) Calculate the death benefit based on service actually
established in that system.
(3) The surviving spouse shall receive the same benefit
from each system that would have been received if the member were active in the system at the time of death. The spouse
shall be allowed to substitute the member’s base salary from
any system as the compensation used in calculating the
allowance.
(4) This section shall not apply to the Washington state
patrol retirement system established under chapter 43.43
RCW. [1996 c 55 § 2.]
41.54.034
(2010 Ed.)
41.54.090
41.54.040 Payment of retirement allowance and postretirement adjustments—Death benefit. (1) The allowances calculated under RCW 41.54.030, 41.54.032, and
41.54.034 shall be paid separately by each respective current
and prior system. Any deductions from such separate payments shall be according to the provisions of the respective
systems.
(2) Postretirement adjustments, if any, shall be applied
by the respective systems based on the payments made under
subsection (1) of this section.
(3) The department shall adopt rules under chapter 34.05
RCW to ensure that where a dual member has service in a
system established under chapter 41.32, 41.40, 41.44, 41.35,
41.37, or 43.43 RCW; service in plan 2 of the system established under chapter 41.26 RCW; and service under the city
employee retirement system for Seattle, Tacoma, or Spokane,
the additional cost incurred as a result of the dual member
receiving a benefit under this chapter shall be borne by the
retirement system incurring the additional cost. [2004 c 242
§ 59; 1998 c 341 § 704; 1996 c 55 § 5. Prior: 1993 c 519 §
16; 1993 c 517 § 9; 1990 c 192 § 5; 1988 c 195 § 3; 1987 c
192 § 4.]
41.54.040
Effective date—2004 c 242: See RCW 41.37.901.
Purpose—1993 c 517: See note following RCW 41.26.420.
Additional notes found at www.leg.wa.gov
41.54.070 Benefits under chapter—Minimum and
maximum. (1) The benefit granted by this chapter shall not
result in a total benefit less than would have been received
absent such benefit.
(2) The total sum of the retirement allowances received
under this chapter shall not exceed the largest amount the
dual member would receive if all the service had been rendered in any one system. When calculating the maximum
benefit a dual member would receive: (a) Military service
granted under RCW 41.40.170(3) or 43.43.260 shall be based
only on service accrued under chapter 41.40 or 43.43 RCW,
respectively; and (b) the calculation shall be made assuming
that the dual member did not defer any allowances pursuant
to RCW 41.54.030(3). When a dual member’s combined
retirement allowances would exceed the limitation imposed
by this subsection, the allowances shall be reduced by the
systems on a proportional basis, according to service. The
limitation imposed by this subsection shall not apply to a dual
member with:
(i) Less than fifteen years of service credit in a plan with
a retirement benefit cap as defined by the department; and
(ii) Service credit in a plan with no retirement benefit
cap. [2007 c 207 § 3; 1996 c 55 § 6; 1988 c 195 § 4; 1987 c
192 § 7.]
41.54.070
41.54.080 Benefits under chapter—Contractual
rights not established. The benefits provided under RCW
41.54.010 through 41.54.070 are not provided to employees
as a matter of contractual right and the legislature retains the
right to alter or abolish these benefits at any time prior to a
member’s retirement. [1987 c 192 § 8.]
41.54.080
41.54.090 Benefits under chapter—Lump sum payment. (1) The systems may pay a dual member a lump sum
41.54.090
[Title 41 RCW—page 333]
41.54.100
Title 41 RCW: Public Employment, Civil Service, and Pensions
payment in lieu of a monthly benefit if the initial monthly
benefit computed in accordance with RCW 41.54.030 would
be less than fifty dollars. The lump sum payment shall be the
greater of the actuarial equivalent of such monthly benefits or
an amount equal to the individual’s accumulated contributions plus accrued interest.
(2) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from the system making the lump sum payment.
[1988 c 195 § 6.]
41.56.022
41.54.100 Transfer of membership under chapter
341, Laws of 1998—Benefits not diminished. Persons who
were members of the public employees’ retirement system
plan 2 prior to September 1, 2000, and were transferred or
mandated into membership pursuant to chapter 341, Laws of
1998 shall suffer no diminution of benefits guaranteed to
public employees’ retirement system plan 2 members as of
the date of their change in membership. [1998 c 341 § 705.]
41.56.050
41.54.100
Additional notes found at www.leg.wa.gov
41.54.900 Effective dates—1987 c 192. (1) Section 5
of this act is necessary for the immediate preservation of the
public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect on July 1, 1987.
(2) The remainder of this act shall take effect on July 1,
1988. [1987 c 192 § 11.]
41.56.024
41.56.025
41.56.026
41.56.027
41.56.028
41.56.029
41.56.030
41.56.040
41.56.060
41.56.070
41.56.080
41.56.090
41.56.100
41.56.110
41.56.113
41.54.900
41.54.901 Effective date—1988 c 195. This act shall
take effect July 1, 1988. [1988 c 195 § 7.]
41.54.901
41.54.902 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
102.]
41.54.902
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Chapter 41.56 RCW
PUBLIC EMPLOYEES’ COLLECTIVE BARGAINING
41.56.120
41.56.122
41.56.123
41.56.125
41.56.130
41.56.140
41.56.150
41.56.160
41.56.165
41.56.203
41.56.205
41.56.210
41.56.220
41.56.430
41.56.440
41.56.450
41.56.452
41.56.465
41.56.470
41.56.473
41.56.475
41.56.480
41.56.490
41.56.492
41.56.496
Chapter 41.56
Sections
41.56.010
41.56.020
41.56.021
Declaration of purpose.
Application of chapter.
Application of chapter to employees of institutions of higher
education—Exceptions—Limitations on bargaining.
[Title 41 RCW—page 334]
41.56.500
41.56.510
41.56.900
41.56.905
41.56.906
Application of chapter to University of Washington printing
craft employees.
Application of chapter to classified employees of technical
colleges.
Application of chapter to education providers under chapter
28A.193 RCW.
Application of chapter to individual providers under chapter
74.39A RCW.
Application of chapter to passenger-only ferry employees.
Application of chapter to family child care providers—Governor as public employer—Procedure—Intent.
Application of chapter to adult family home providers—Governor as public employer—Procedure—Intent.
Definitions.
Right of employees to organize and designate representatives
without interference.
Disagreement in selection of bargaining representative—Intervention by commission.
Determination of bargaining unit—Bargaining representative.
Election to ascertain bargaining representative.
Certification of bargaining representative—Scope of representation.
Rules and regulations.
Authority and duty of employer to engage in collective bargaining—Limitations—Mediation, grievance procedures
upon failure to agree.
Dues—Deduction from pay.
Individual providers—Family child care providers—Adult
family home providers—Language access providers—
Deductions from payments for dues—State is payor, not
employer.
Right to strike not granted.
Collective bargaining agreements—Authorized provisions.
Collective bargaining agreements—Effect of termination—
Application of section.
Arbitrators—Selection—Additional method.
Rules and regulations of Washington state personnel resources
board—Mandatory subjects.
Unfair labor practices for public employer enumerated.
Unfair labor practices for bargaining representative enumerated.
Commission to prevent unfair labor practices and issue remedial orders and cease and desist orders.
Applicability of administrative procedure act to commission
action.
University of Washington—Certain employees enrolled in an
academic program—Scope of collective bargaining.
Washington State University—Certain employees enrolled in
an academic program—Scope of collective bargaining.
Department to prevent unfair labor practices and issue remedial orders—Application to state civil service employees.
Right of employee representing bargaining unit to be absent
from employment during legislative session—Replacement.
Uniformed personnel—Legislative declaration.
Uniformed personnel—Negotiations—Declaration of an
impasse—Appointment of mediator.
Uniformed personnel—Interest arbitration panel—Powers and
duties—Hearings—Findings and determination.
Interest arbitration panel a state agency.
Uniformed personnel—Interest arbitration panel—Determinations—Factors to be considered.
Uniformed personnel—Arbitration panel—Rights of parties.
Uniformed personnel—Application of chapter to Washington
state patrol—Bargaining subjects.
Uniformed personnel—Application of chapter to Washington
state patrol—Mediation and arbitration.
Uniformed personnel—Refusal to submit to procedures—
Invoking jurisdiction of superior court—Contempt.
Uniformed employees—Strikes prohibited—Violations—
Contempt of court.
Application of uniformed personnel collective bargaining provisions to employees of public passenger transportation systems—Conditions.
Commercial nuclear plants—Application of chapter to certain
employees.
School district collective bargaining agreements—Required
action districts.
Application of chapter to language access providers—Governor as public employer—Procedure—Intent.
Short title—Effective date—1967 ex.s. c 108.
Uniformed personnel—Provisions additional—Liberal construction.
Construction of chapter—Certain agreements subject to RCW
28A.400.320.
(2010 Ed.)
Public Employees’ Collective Bargaining
41.56.910
41.56.911
41.56.912
41.56.913
41.56.914
41.56.915
41.56.950
Severability—1973 c 131.
Part headings not law—2006 c 54.
Severability—2006 c 54.
Conflict with federal requirements—2006 c 54.
Short title—2006 c 54.
Effective date—2006 c 54.
Retroactive date in collective bargaining agreements allowable, when.
Reviser’s note: Throughout chapter 41.56 RCW, the phrase "this act"
has been changed to "this chapter." "This act" [1967 ex.s. c 108] is codified
as this chapter and RCW 41.06.150.
41.56.010 Declaration of purpose. The intent and purpose of this chapter is to promote the continued improvement
of the relationship between public employers and their
employees by providing a uniform basis for implementing
the right of public employees to join labor organizations of
their own choosing and to be represented by such organizations in matters concerning their employment relations with
public employers. [1967 ex.s. c 108 § 1.]
41.56.010
41.56.020 Application of chapter. This chapter shall
apply to any county or municipal corporation, or any political
subdivision of the state of Washington, including district
courts and superior courts, except as otherwise provided by
RCW 54.04.170, 54.04.180, and chapters 41.59, 47.64, and
53.18 RCW. [1999 c 217 § 1; 1994 c 297 § 1; 1993 c 76 § 2;
1992 c 36 § 1; 1989 c 275 § 1; 1987 c 135 § 1; 1985 c 7 § 107;
1983 c 3 § 98; 1967 ex.s. c 108 § 2.]
41.56.020
Additional notes found at www.leg.wa.gov
41.56.021 Application of chapter to employees of
institutions of higher education—Exceptions—Limitations on bargaining. (1) In addition to the entities listed in
RCW 41.56.020, this chapter applies to employees of institutions of higher education who are exempted from civil service pursuant to RCW 41.06.070(2), with the following
exceptions:
(a) Executive employees, including all members of the
governing board of each institution of higher education and
related boards; all presidents and vice presidents; deans,
directors, and chairs; and executive heads of major administrative or academic divisions;
(b) Managers who perform any of the following functions:
(i) Formulate, develop, or establish institutional policy,
or direct the work of an administrative unit;
(ii) Manage, administer, and control a program, including its physical, financial, or personnel resources;
(iii) Have substantial responsibility for human resources
administration, legislative relations, public information,
internal audits and investigations, or the preparation and
administration of budgets;
(iv) Functionally is above the first level of supervision
and exercises authority that is not merely routine or clerical in
nature and requires the consistent use of independent judgment;
(c) Employees who, in the regular course of their duties,
act as a principal assistant, administrative assistant, or personal assistant to employees as defined by (a) of this subsection;
(d) Confidential employees;
41.56.021
(2010 Ed.)
41.56.025
(e) Employees who assist assistant attorneys general
who advise and represent managers or confidential employees in personnel or labor relations matters, or who advise or
represent the state in tort actions.
(2) Employees subject to this section shall not be
included in any unit of employees certified under RCW
41.56.022, 41.56.024, or 41.56.203, chapter 41.76 RCW, or
chapter 41.80 RCW. Employees whose eligibility for collective bargaining is covered by chapter 28B.52, 41.76, or 41.80
RCW are exempt from the provisions of this chapter.
(3) Institutions of higher education and the exclusive
bargaining representatives shall not agree to any proposal
that would prevent the implementation of approved affirmative action plans or that would be inconsistent with the comparable worth agreement that provided the basis for the salary
changes implemented beginning with the 1983-1985 biennium to achieve comparable worth.
(4) Institutions of higher education and the exclusive
bargaining representative shall not bargain over rights of
management that, in addition to all powers, duties, and rights
established by constitutional provision or statute, shall
include but not be limited to the following:
(a) The functions and programs of the institution, the use
of technology, and the structure of the organization;
(b) The institution’s budget and the size of its workforce,
including determining the financial basis for layoffs;
(c) The right to direct and supervise employees;
(d) The right to take whatever actions are deemed necessary to carry out the mission of the state and the institutions
of higher education during emergencies;
(e) Retirement plans and retirement benefits; or
(f) Health care benefits or other employee insurance benefits, except as provided in RCW 41.80.020. [2007 c 136 §
1.]
41.56.022 Application of chapter to University of
Washington printing craft employees. In addition to the
entities listed in RCW 41.56.020, this chapter shall apply to
the University of Washington with respect to the printing
craft employees in the department of printing at the University of Washington. [1987 c 484 § 1.]
41.56.022
41.56.024 Application of chapter to classified
employees of technical colleges. In addition to the entities
listed in RCW 41.56.020, this chapter shall apply to classified
employees of technical colleges as provided for in RCW
28B.50.874. [1991 c 238 § 112.]
41.56.024
Additional notes found at www.leg.wa.gov
41.56.025 Application of chapter to education providers under chapter 28A.193 RCW. This chapter applies
to the bargaining unit of classified employees of school districts, educational service districts, or institutions of higher
education that are education providers under chapter
28A.193 RCW. Such bargaining units must be limited to the
employees working as education providers to juveniles in
each adult correctional facility maintained by the department
of corrections and must be separate from other bargaining
units in school districts, educational service districts, or institutions of higher education. [1998 c 244 § 12.]
41.56.025
[Title 41 RCW—page 335]
41.56.026
Title 41 RCW: Public Employment, Civil Service, and Pensions
Additional notes found at www.leg.wa.gov
41.56.026 Application of chapter to individual providers under chapter 74.39A RCW. In addition to the entities listed in RCW 41.56.020, this chapter applies to individual providers under RCW 74.39A.270 and 74.39A.300.
[2002 c 3 § 12 (Initiative Measure No. 775, approved
November 6, 2001).]
41.56.026
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
41.56.027 Application of chapter to passenger-only
ferry employees. In addition to the entities listed in RCW
41.56.020, this chapter does apply to:
(1) Public employees of public transportation benefit
areas providing passenger-only ferry service as provided in
RCW 47.64.090; and
(2) Public employees of ferry districts providing passenger-only ferry service as provided in RCW 47.64.090. [2003
c 91 § 2.]
41.56.027
Contingent effective date—2003 c 91: See note following RCW
47.64.090.
41.56.028 Application of chapter to family child care
providers—Governor as public employer—Procedure—
Intent. (1) In addition to the entities listed in RCW
41.56.020, this chapter applies to the governor with respect to
family child care providers. Solely for the purposes of collective bargaining and as expressly limited under subsections
(2) and (3) of this section, the governor is the public employer
of family child care providers who, solely for the purposes of
collective bargaining, are public employees. The public
employer shall be represented for bargaining purposes by the
governor or the governor’s designee appointed under chapter
41.80 RCW.
(2) This chapter governs the collective bargaining relationship between the governor and family child care providers, except as follows:
(a) A statewide unit of all family child care providers is
the only unit appropriate for purposes of collective bargaining under RCW 41.56.060.
(b) The exclusive bargaining representative of family
child care providers in the unit specified in (a) of this subsection shall be the representative chosen in an election conducted pursuant to RCW 41.56.070, except that in the initial
election conducted under chapter 54, Laws of 2006, if more
than one labor organization is on the ballot and none of the
choices receives a majority of the votes cast, a run-off election shall be held.
(c) Notwithstanding the definition of "collective bargaining" in RCW 41.56.030(4), the scope of collective bargaining for child care providers under this section shall be
limited solely to: (i) Economic compensation, such as manner and rate of subsidy and reimbursement, including tiered
reimbursements; (ii) health and welfare benefits; (iii) professional development and training; (iv) labor-management
committees; (v) grievance procedures; and (vi) other economic matters. Retirement benefits shall not be subject to
collective bargaining. By such obligation neither party shall
be compelled to agree to a proposal or be required to make a
concession unless otherwise provided in this chapter.
41.56.028
[Title 41 RCW—page 336]
(d) The mediation and interest arbitration provisions of
RCW 41.56.430 through 41.56.470 and 41.56.480 apply,
except that:
(i) With respect to commencement of negotiations
between the governor and the exclusive bargaining representative of family child care providers, negotiations shall be
commenced initially upon certification of an exclusive bargaining representative under (a) of this subsection and, thereafter, by February 1st of any even-numbered year; and
(ii) The decision of the arbitration panel is not binding on
the legislature and, if the legislature does not approve the
request for funds necessary to implement the compensation
and benefit provisions of the arbitrated collective bargaining
agreement, is not binding on the state.
(e) Family child care providers do not have the right to
strike.
(3) Family child care providers who are public employees solely for the purposes of collective bargaining under
subsection (1) of this section are not, for that reason, employees of the state for any purpose. This section applies only to
the governance of the collective bargaining relationship
between the employer and family child care providers as provided in subsections (1) and (2) of this section.
(4) This section does not create or modify:
(a) The parents’ or legal guardians’ right to choose and
terminate the services of any family child care provider that
provides care for their child or children;
(b) The secretary of the department of social and health
services’ right to adopt requirements under RCW 74.15.030,
except for requirements related to grievance procedures and
collective negotiations on personnel matters as specified in
subsection (2)(c) of this section;
(c) Chapter 26.44 RCW, RCW 43.43.832, 43.20A.205,
and 74.15.130; and
(d) The legislature’s right to make programmatic modifications to the delivery of state services through child care
subsidy programs, including standards of eligibility of parents, legal guardians, and family child care providers participating in child care subsidy programs, and the nature of services provided. The governor shall not enter into, extend, or
renew any agreement under this section that does not
expressly reserve the legislative rights described in this subsection (4)(d).
(5) Upon meeting the requirements of subsection (6) of
this section, the governor must submit, as a part of the proposed biennial or supplemental operating budget submitted to
the legislature under RCW 43.88.030, a request for funds
necessary to implement the compensation and benefit provisions of a collective bargaining agreement entered into under
this section or for legislation necessary to implement such
agreement.
(6) A request for funds necessary to implement the compensation and benefit provisions of a collective bargaining
agreement entered into under this section shall not be submitted by the governor to the legislature unless such request has
been:
(a) Submitted to the director of financial management by
October 1st before the legislative session at which the request
is to be considered, except that, for initial negotiations under
this section, the request must be submitted by November 15,
2006; and
(2010 Ed.)
Public Employees’ Collective Bargaining
(b) Certified by the director of financial management as
being feasible financially for the state or reflects the binding
decision of an arbitration panel reached under this section.
(7) The legislature must approve or reject the submission
of the request for funds as a whole. If the legislature rejects
or fails to act on the submission, any such agreement will be
reopened solely for the purpose of renegotiating the funds
necessary to implement the agreement.
(8) The governor shall periodically consult with the joint
committee on employment relations established by RCW
41.80.010 regarding appropriations necessary to implement
the compensation and benefit provisions of any collective
bargaining agreement and, upon completion of negotiations,
advise the committee on the elements of the agreement and
on any legislation necessary to implement such agreement.
(9) After the expiration date of any collective bargaining
agreement entered into under this section, all of the terms and
conditions specified in any such agreement remain in effect
until the effective date of a subsequent agreement, not to
exceed one year from the expiration date stated in the agreement, except as provided in subsection (4)(d) of this section.
(10) If, after the compensation and benefit provisions of
an agreement are approved by the legislature, a significant
revenue shortfall occurs resulting in reduced appropriations,
as declared by proclamation of the governor or by resolution
of the legislature, both parties shall immediately enter into
collective bargaining for a mutually agreed upon modification of the agreement.
(11) In enacting this section, the legislature intends to
provide state action immunity under federal and state antitrust laws for the joint activities of family child care providers
and their exclusive bargaining representative to the extent
such activities are authorized by this chapter. [2007 c 278 §
2; 2006 c 54 § 1.]
41.56.029 Application of chapter to adult family
home providers—Governor as public employer—Procedure—Intent. (1) In addition to the entities listed in RCW
41.56.020, this chapter applies to the governor with respect to
adult family home providers. Solely for the purposes of collective bargaining and as expressly limited under subsections
(2) and (3) of this section, the governor is the public employer
of adult family home providers who, solely for the purposes
of collective bargaining, are public employees. The public
employer shall be represented for bargaining purposes by the
governor or the governor’s designee.
(2) There shall be collective bargaining, as defined in
RCW 41.56.030, between the governor and adult family
home providers, except as follows:
(a) A statewide unit of all adult family home providers is
the only unit appropriate for purposes of collective bargaining under RCW 41.56.060.
(b) The exclusive bargaining representative of adult family home providers in the unit specified in (a) of this subsection shall be the representative chosen in an election conducted pursuant to RCW 41.56.070.
Bargaining authorization cards furnished as the showing
of interest in support of any representation petition or motion
for intervention filed under this section shall be exempt from
disclosure under chapter 42.56 RCW.
41.56.029
(2010 Ed.)
41.56.029
(c) Notwithstanding the definition of "collective bargaining" in RCW 41.56.030(4), the scope of collective bargaining for adult family home providers under this section
shall be limited solely to: (i) Economic compensation, such
as manner and rate of subsidy and reimbursement, including
tiered reimbursements; (ii) health and welfare benefits; (iii)
professional development and training; (iv) labor-management committees; (v) grievance procedures; and (vi) other
economic matters. Retirement benefits shall not be subject to
collective bargaining. By such obligation neither party shall
be compelled to agree to a proposal or be required to make a
concession unless otherwise provided in this chapter.
(d) In addition to the entities listed in the mediation and
interest arbitration provisions of RCW 41.56.430 through
41.56.470 and 41.56.480, the provisions apply to the governor or the governor’s designee and the exclusive bargaining
representative of adult family home providers, except that:
(i) In addition to the factors to be taken into consideration by an interest arbitration panel under RCW 41.56.465,
the panel shall consider the financial ability of the state to pay
for the compensation and benefit provisions of a collective
bargaining agreement.
(ii) The decision of the arbitration panel is not binding on
the legislature and, if the legislature does not approve the
request for funds necessary to implement the compensation
and benefit provisions of the arbitrated collective bargaining
agreement, the decision is not binding on the state.
(e) Adult family home providers do not have the right to
strike.
(3) Adult family home providers who are public employees solely for the purposes of collective bargaining under
subsection (1) of this section are not, for that reason, employees of the state for any other purpose. This section applies
only to the governance of the collective bargaining relationship between the employer and adult family home providers
as provided in subsections (1) and (2) of this section.
(4) This section does not create or modify:
(a) The department’s authority to establish a plan of care
for each consumer or its core responsibility to manage longterm care services under chapter 70.128 RCW, including
determination of the level of care that each consumer is eligible to receive. However, at the request of the exclusive bargaining representative, the governor or the governor’s designee appointed under chapter 41.80 RCW shall engage in collective bargaining, as defined in RCW 41.56.030(4), with the
exclusive bargaining representative over how the department’s core responsibility affects hours of work for adult
family home providers. This subsection shall not be interpreted to require collective bargaining over an individual
consumer’s plan of care;
(b) The department’s obligation to comply with the federal medicaid statute and regulations and the terms of any
community-based waiver granted by the federal department
of health and human services and to ensure federal financial
participation in the provision of the services;
(c) The legislature’s right to make programmatic modifications to the delivery of state services under chapter 70.128
RCW, including standards of eligibility of consumers and
adult family home providers participating in the programs
under chapter 70.128 RCW, and the nature of services provided. The governor shall not enter into, extend, or renew
[Title 41 RCW—page 337]
41.56.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
any agreement under this chapter that does not expressly
reserve the legislative rights described in this subsection
(4)(c);
(d) The residents’, parents’, or legal guardians’ right to
choose and terminate the services of any licensed adult family home provider; and
(e) RCW 43.43.832, 43.20A.205, or 74.15.130.
(5) Upon meeting the requirements of subsection (6) of
this section, the governor must submit, as a part of the proposed biennial or supplemental operating budget submitted to
the legislature under RCW 43.88.030, a request for funds
necessary to implement the compensation and benefit provisions of a collective bargaining agreement entered into under
this section or for legislation necessary to implement the
agreement.
(6) A request for funds necessary to implement the compensation and benefit provisions of a collective bargaining
agreement entered into under this section shall not be submitted by the governor to the legislature unless the request has
been:
(a) Submitted to the director of financial management by
October 1st prior to the legislative session at which the
requests are to be considered; and
(b) Certified by the director of financial management as
financially feasible for the state or reflective of a binding
decision of an arbitration panel reached under subsection
(2)(d) of this section.
(7) The legislature must approve or reject the submission
of the request for funds as a whole. If the legislature rejects
or fails to act on the submission, any collective bargaining
agreement must be reopened for the sole purpose of renegotiating the funds necessary to implement the agreement.
(8) If, after the compensation and benefit provisions of
an agreement are approved by the legislature, a significant
revenue shortfall occurs resulting in reduced appropriations,
as declared by proclamation of the governor or by resolution
of the legislature, both parties shall immediately enter into
collective bargaining for a mutually agreed upon modification of the agreement.
(9) After the expiration date of any collective bargaining
agreement entered into under this section, all of the terms and
conditions specified in the agreement remain in effect until
the effective date of a subsequent agreement, not to exceed
one year from the expiration date stated in the agreement.
(10) In enacting this section, the legislature intends to
provide state action immunity under federal and state antitrust laws for the joint activities of adult family home providers and their exclusive bargaining representative to the extent
the activities are authorized by this chapter. [2007 c 184 § 1.]
Part headings not law—2007 c 184: "Part headings used in this act are
not any part of the law." [2007 c 184 § 9.]
Severability—2007 c 184: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 184 § 10.]
Conflict with federal requirements—2007 c 184: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned.
Rules adopted under this act must meet federal requirements that are a nec[Title 41 RCW—page 338]
essary condition to the receipt of federal funds by the state." [2007 c 184 §
11.]
41.56.030 Definitions. As used in this chapter:
(1) "Adult family home provider" means a provider as
defined in RCW 70.128.010 who receives payments from the
medicaid and state-funded long-term care programs.
(2) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with
employers.
(3) "Child care subsidy" means a payment from the state
through a child care subsidy program established pursuant to
RCW 74.12.340 or 74.08A.340, 45 C.F.R. Sec. 98.1 through
98.17, or any successor program.
(4) "Collective bargaining" means the performance of
the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to
confer and negotiate in good faith, and to execute a written
agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages,
hours and working conditions, which may be peculiar to an
appropriate bargaining unit of such public employer, except
that by such obligation neither party shall be compelled to
agree to a proposal or be required to make a concession
unless otherwise provided in this chapter.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of
the commission.
(7) "Family child care provider" means a person who:
(a) Provides regularly scheduled care for a child or children
in the home of the provider or in the home of the child or children for periods of less than twenty-four hours or, if necessary due to the nature of the parent’s work, for periods equal
to or greater than twenty-four hours; (b) receives child care
subsidies; and (c) is either licensed by the state under RCW
74.15.030 or is exempt from licensing under chapter 74.15
RCW.
(8) "Home care quality authority" means the authority
under chapter 74.39A RCW.
(9) "Individual provider" means an individual provider
as defined in RCW 74.39A.240(4) who, solely for the purposes of collective bargaining, is a public employee as provided in RCW 74.39A.270.
(10) "Institution of higher education" means the University of Washington, Washington State University, Central
Washington University, Eastern Washington University,
Western Washington University, The Evergreen State College, and the various state community colleges.
(11)(a) "Language access provider" means any independent contractor who provides spoken language interpreter
services for department of social and health services appointments or medicaid enrollee appointments, or provided these
services on or after January 1, 2009, and before June 10,
2010, whether paid by a broker, language access agency, or
the department.
(b) "Language access provider" does not mean an owner,
manager, or employee of a broker or a language access
agency.
41.56.030
(2010 Ed.)
Public Employees’ Collective Bargaining
(12) "Public employee" means any employee of a public
employer except any person (a) elected by popular vote, or
(b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office as a member of a multimember board, commission, or committee, whether
appointed by the executive head or body of the public
employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship
to (i) the executive head or body of the applicable bargaining
unit, or (ii) any person elected by popular vote, or (iii) any
person appointed to office pursuant to statute, ordinance or
resolution for a specified term of office as a member of a multimember board, commission, or committee, whether
appointed by the executive head or body of the public
employer, or (d) who is a court commissioner or a court magistrate of superior court, district court, or a department of a
district court organized under chapter 3.46 RCW, or (e) who
is a personal assistant to a district court judge, superior court
judge, or court commissioner. For the purpose of (e) of this
subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.
(13) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of
any public body governed by this chapter, or any subdivision
of such public body. For the purposes of this section, the
public employer of district court or superior court employees
for wage-related matters is the respective county legislative
authority, or person or body acting on behalf of the legislative
authority, and the public employer for nonwage-related matters is the judge or judge’s designee of the respective district
court or superior court.
(14) "Uniformed personnel" means: (a) Law enforcement officers as defined in RCW 41.26.030 employed by the
governing body of any city or town with a population of two
thousand five hundred or more and law enforcement officers
employed by the governing body of any county with a population of ten thousand or more; (b) correctional employees
who are uniformed and nonuniformed, commissioned and
noncommissioned security personnel employed in a jail as
defined in RCW 70.48.020(9), by a county with a population
of seventy thousand or more, and who are trained for and
charged with the responsibility of controlling and maintaining custody of inmates in the jail and safeguarding inmates
from other inmates; (c) general authority Washington peace
officers as defined in RCW 10.93.020 employed by a port
district in a county with a population of one million or more;
(d) security forces established under RCW 43.52.520; (e)
firefighters as that term is defined in RCW 41.26.030; (f)
employees of a port district in a county with a population of
one million or more whose duties include crash fire rescue or
other firefighting duties; (g) employees of fire departments of
public employers who dispatch exclusively either fire or
emergency medical services, or both; or (h) employees in the
several classes of advanced life support technicians, as
defined in RCW 18.71.200, who are employed by a public
employer. [2010 c 296 § 3; 2007 c 184 § 2; 2006 c 54 § 2;
2004 c 3 § 6; 2002 c 99 § 2. Prior: 2000 c 23 § 1; 2000 c 19
§ 1; 1999 c 217 § 2; 1995 c 273 § 1; prior: 1993 c 398 § 1;
1993 c 397 § 1; 1993 c 379 § 302; 1992 c 36 § 2; 1991 c 363
§ 119; 1989 c 275 § 2; 1987 c 135 § 2; 1984 c 150 § 1; 1975
1st ex.s. c 296 § 15; 1973 c 131 § 2; 1967 ex.s. c 108 § 3.]
(2010 Ed.)
41.56.060
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Conflict with federal requirements—2010 c 296: See note following
RCW 41.56.510.
Part headings not law—Severability—Conflict with federal
requirements—2007 c 184: See notes following RCW 41.56.029.
Severability—Effective date—2004 c 3: See notes following RCW
74.39A.270.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Public employment relations commission: Chapter 41.58 RCW.
Additional notes found at www.leg.wa.gov
41.56.040 Right of employees to organize and designate representatives without interference. No public
employer, or other person, shall directly or indirectly, interfere with, restrain, coerce, or discriminate against any public
employee or group of public employees in the free exercise of
their right to organize and designate representatives of their
own choosing for the purpose of collective bargaining, or in
the free exercise of any other right under this chapter. [1967
ex.s. c 108 § 4.]
41.56.040
41.56.050 Disagreement in selection of bargaining
representative—Intervention by commission. In the event
that a public employer and public employees are in disagreement as to the selection of a bargaining representative the
commission shall be invited to intervene as is provided in
RCW 41.56.060 through 41.56.090. [1975 1st ex.s. c 296 §
16; 1967 ex.s. c 108 § 5.]
41.56.050
Additional notes found at www.leg.wa.gov
41.56.060 Determination of bargaining unit—Bargaining representative. (1) The commission, after hearing
upon reasonable notice, shall decide in each application for
certification as an exclusive bargaining representative, the
unit appropriate for the purpose of collective bargaining. In
determining, modifying, or combining the bargaining unit,
the commission shall consider the duties, skills, and working
conditions of the public employees; the history of collective
bargaining by the public employees and their bargaining representatives; the extent of organization among the public
employees; and the desire of the public employees. The commission shall determine the bargaining representative by: (a)
Examination of organization membership rolls; (b) comparison of signatures on organization bargaining authorization
cards; or (c) conducting an election specifically therefor.
(2) For classified employees of school districts and educational service districts:
(a) Appropriate bargaining units existing on July 24,
2005, may not be divided into more than one unit without the
agreement of the public employer and the certified bargaining representative of the unit; and
(b) In making bargaining unit determinations under this
section, the commission must consider, in addition to the factors listed in subsection (1) of this section, the avoidance of
excessive fragmentation. [2005 c 232 § 1; 1975 1st ex.s. c
296 § 17; 1967 ex.s. c 108 § 6.]
41.56.060
Additional notes found at www.leg.wa.gov
[Title 41 RCW—page 339]
41.56.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.56.070 Election to ascertain bargaining representative. In the event the commission elects to conduct an election to ascertain the exclusive bargaining representative, and
upon the request of a prospective bargaining representative
showing written proof of at least thirty percent representation
of the public employees within the unit, the commission shall
hold an election by secret ballot to determine the issue. The
ballot shall contain the name of such bargaining representative and of any other bargaining representative showing written proof of at least ten percent representation of the public
employees within the unit, together with a choice for any
public employee to designate that he does not desire to be
represented by any bargaining agent. Where more than one
organization is on the ballot and neither of the three or more
choices receives a majority vote of the public employees
within the bargaining unit, a run-off election shall be held.
The run-off ballot shall contain the two choices which
received the largest and second-largest number of votes. No
question concerning representation may be raised within one
year of a certification or attempted certification. Where there
is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period
not more than ninety nor less than sixty days prior to the expiration date of the agreement. Any agreement which contains
a provision for automatic renewal or extension of the agreement shall not be a valid agreement; nor shall any agreement
be valid if it provides for a term of existence for more than
three years, except that any agreement entered into between
school districts, cities, counties, or municipal corporations,
and their respective employees, may provide for a term of
existence of up to six years. [2007 c 75 § 2; 2007 c 75 § 1;
1975 1st ex.s. c 296 § 18; 1967 ex.s. c 108 § 7.]
41.56.070
Reviser’s note: This section was amended by 2007 c 75 § 1 and by
2007 c 75 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
of labor-management relations. [1975 1st ex.s. c 296 § 20;
1967 ex.s. c 108 § 9.]
Additional notes found at www.leg.wa.gov
41.56.100 Authority and duty of employer to engage
in collective bargaining—Limitations—Mediation, grievance procedures upon failure to agree. (1) A public
employer shall have the authority to engage in collective bargaining with the exclusive bargaining representative and no
public employer shall refuse to engage in collective bargaining with the exclusive bargaining representative. However, a
public employer is not required to bargain collectively with
any bargaining representative concerning any matter which
by ordinance, resolution, or charter of said public employer
has been delegated to any civil service commission or personnel board similar in scope, structure, and authority to the
board created by chapter 41.06 RCW.
(2) Upon the failure of the public employer and the
exclusive bargaining representative to conclude a collective
bargaining agreement, any matter in dispute may be submitted by either party to the commission. This subsection does
not apply to negotiations and mediations conducted between
a school district employer and an exclusive bargaining representative under RCW 28A.657.050.
(3) If a public employer implements its last and best
offer where there is no contract settlement, allegations that
either party is violating the terms of the implemented offer
shall be subject to grievance arbitration procedures if and as
such procedures are set forth in the implemented offer, or, if
not in the implemented offer, if and as such procedures are set
forth in the parties’ last contract. [2010 c 235 § 801; 1989 c
45 § 1; 1975 1st ex.s. c 296 § 21; 1967 ex.s. c 108 § 10.]
41.56.100
Finding—2010 c 235: See note following RCW 28A.405.245.
Arbitration of labor disputes: Chapter 49.08 RCW.
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
41.56.110 Dues—Deduction from pay. Upon the written authorization of any public employee within the bargaining unit and after the certification or recognition of such bargaining representative, the public employer shall deduct from
the pay of such public employee the monthly amount of dues
as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the
exclusive bargaining representative. [1973 c 59 § 1; 1967
ex.s. c 108 § 11.]
41.56.110
41.56.080 Certification of bargaining representative—Scope of representation. The bargaining representative which has been determined to represent a majority of the
employees in a bargaining unit shall be certified by the commission as the exclusive bargaining representative of, and
shall be required to represent, all the public employees within
the unit without regard to membership in said bargaining representative: PROVIDED, That any public employee at any
time may present his grievance to the public employer and
have such grievance adjusted without the intervention of the
exclusive bargaining representative, if the adjustment is not
inconsistent with the terms of a collective bargaining agreement then in effect, and if the exclusive bargaining representative has been given reasonable opportunity to be present at
any initial meeting called for the resolution of such grievance. [1975 1st ex.s. c 296 § 19; 1967 ex.s. c 108 § 8.]
41.56.080
Additional notes found at www.leg.wa.gov
41.56.090 Rules and regulations. The commission
shall promulgate, revise or rescind such rules and regulations
as it may deem necessary or appropriate to administer the
provisions of this chapter in conformity with the intent and
purpose of this chapter and consistent with the best standards
41.56.090
[Title 41 RCW—page 340]
41.56.113 Individual providers—Family child care
providers—Adult family home providers—Language
access providers—Deductions from payments for dues—
State is payor, not employer. (1) This subsection (1)
applies only if the state makes the payments directly to a provider.
(a) Upon the written authorization of an individual provider, a family child care provider, an adult family home provider, or a language access provider within the bargaining
unit and after the certification or recognition of the bargaining unit’s exclusive bargaining representative, the state as
payor, but not as the employer, shall, subject to (c) of this
subsection, deduct from the payments to an individual provider, a family child care provider, an adult family home pro41.56.113
(2010 Ed.)
Public Employees’ Collective Bargaining
vider, or a language access provider the monthly amount of
dues as certified by the secretary of the exclusive bargaining
representative and shall transmit the same to the treasurer of
the exclusive bargaining representative.
(b) If the governor and the exclusive bargaining representative of a bargaining unit of individual providers, family
child care providers, adult family home providers, or language access providers enter into a collective bargaining
agreement that:
(i) Includes a union security provision authorized in
RCW 41.56.122, the state as payor, but not as the employer,
shall, subject to (c) of this subsection, enforce the agreement
by deducting from the payments to bargaining unit members
the dues required for membership in the exclusive bargaining
representative, or, for nonmembers thereof, a fee equivalent
to the dues; or
(ii) Includes requirements for deductions of payments
other than the deduction under (a)(i) of this subsection, the
state, as payor, but not as the employer, shall, subject to (c) of
this subsection, make such deductions upon written authorization of the individual provider, family child care provider,
adult family home provider, or language access provider.
(c)(i) The initial additional costs to the state in making
deductions from the payments to individual providers, family
child care providers, adult family home providers, and language access providers under this section shall be negotiated,
agreed upon in advance, and reimbursed to the state by the
exclusive bargaining representative.
(ii) The allocation of ongoing additional costs to the state
in making deductions from the payments to individual providers, family child care providers, adult family home providers, or language access providers under this section shall
be an appropriate subject of collective bargaining between
the exclusive bargaining representative and the governor
unless prohibited by another statute. If no collective bargaining agreement containing a provision allocating the ongoing
additional cost is entered into between the exclusive bargaining representative and the governor, or if the legislature does
not approve funding for the collective bargaining agreement
as provided in RCW 74.39A.300, 41.56.028, 41.56.029, or
41.56.510, as applicable, the ongoing additional costs to the
state in making deductions from the payments to individual
providers, family child care providers, adult family home
providers, or language access providers under this section
shall be negotiated, agreed upon in advance, and reimbursed
to the state by the exclusive bargaining representative.
(d) The governor and the exclusive bargaining representative of a bargaining unit of family child care providers may
not enter into a collective bargaining agreement that contains
a union security provision unless the agreement contains a
process, to be administered by the exclusive bargaining representative of a bargaining unit of family child care providers, for hardship dispensation for license-exempt family child
care providers who are also temporary assistance for needy
families recipients or WorkFirst participants.
(2) This subsection (2) applies only if the state does not
make the payments directly to a provider.
(a) Upon the written authorization of a language access
provider within the bargaining unit and after the certification
or recognition of the bargaining unit’s exclusive bargaining
(2010 Ed.)
41.56.122
representative, the state shall require through its contracts
with third parties that:
(i) The monthly amount of dues as certified by the secretary of the exclusive bargaining representative be deducted
from the payments to the language access provider and transmitted to the treasurer of the exclusive bargaining representative; and
(ii) A record showing that dues have been deducted as
specified in (a)(i) of this subsection be provided to the state.
(b) If the governor and the exclusive bargaining representative of the bargaining unit of language access providers
enter into a collective bargaining agreement that includes a
union security provision authorized in RCW 41.56.122, the
state shall enforce the agreement by requiring through its
contracts with third parties that:
(i) The monthly amount of dues required for membership
in the exclusive bargaining representative as certified by the
secretary of the exclusive bargaining representative, or, for
nonmembers thereof, a fee equivalent to the dues, be
deducted from the payments to the language access provider
and transmitted to the treasurer of the exclusive bargaining
representative; and
(ii) A record showing that dues or fees have been
deducted as specified in (a)(i) of this subsection be provided
to the state. [2010 c 296 § 4; 2007 c 184 § 3; 2006 c 54 § 3;
2004 c 3 § 7; 2002 c 99 § 1.]
Conflict with federal requirements—2010 c 296: See note following
RCW 41.56.510.
Part headings not law—Severability—Conflict with federal
requirements—2007 c 184: See notes following RCW 41.56.029.
Severability—Effective date—2004 c 3: See notes following RCW
74.39A.270.
41.56.120 Right to strike not granted. Nothing contained in this chapter shall permit or grant any public
employee the right to strike or refuse to perform his official
duties. [1967 ex.s. c 108 § 12.]
41.56.120
41.56.122 Collective bargaining agreements—
Authorized provisions. A collective bargaining agreement
may:
(1) Contain union security provisions: PROVIDED,
That nothing in this section shall authorize a closed shop provision: PROVIDED FURTHER, That agreements involving
union security provisions must safeguard the right of nonassociation of public employees based on bona fide religious
tenets or teachings of a church or religious body of which
such public employee is a member. Such public employee
shall pay an amount of money equivalent to regular union
dues and initiation fee to a nonreligious charity or to another
charitable organization mutually agreed upon by the public
employee affected and the bargaining representative to which
such public employee would otherwise pay the dues and initiation fee. The public employee shall furnish written proof
that such payment has been made. If the public employee and
the bargaining representative do not reach agreement on such
matter, the commission shall designate the charitable organization. When there is a conflict between any collective bargaining agreement reached by a public employer and a bargaining representative on a union security provision and any
charter, ordinance, rule, or regulation adopted by the public
41.56.122
[Title 41 RCW—page 341]
41.56.123
Title 41 RCW: Public Employment, Civil Service, and Pensions
employer or its agents, including but not limited to, a civil
service commission, the terms of the collective bargaining
agreement shall prevail.
(2) Provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters
contained in a collective bargaining agreement. [1975 1st
ex.s. c 296 § 22; 1973 c 59 § 2.]
Additional notes found at www.leg.wa.gov
41.56.123 Collective bargaining agreements—Effect
of termination—Application of section. (1) After the termination date of a collective bargaining agreement, all of the
terms and conditions specified in the collective bargaining
agreement shall remain in effect until the effective date of a
subsequent agreement, not to exceed one year from the termination date stated in the agreement. Thereafter, the employer
may unilaterally implement according to law.
(2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to
exclude from the provisions of subsection (1) of this section
and to provisions within the collective bargaining agreement
with separate and specific termination dates.
(3) This section shall not apply to the following:
(a) Bargaining units covered by RCW 41.56.430 et seq.
for factfinding and interest arbitration;
(b) Collective bargaining agreements authorized by
chapter 53.18 RCW; or
(c) Collective bargaining agreements authorized by
chapter 54.04 RCW.
(4) This section shall not apply to collective bargaining
agreements in effect or being bargained on July 23, 1989.
[1993 c 398 § 4; 1989 c 46 § 1.]
41.56.123
Additional notes found at www.leg.wa.gov
41.56.125 Arbitrators—Selection—Additional
method. In addition to any other method for selecting arbitrators, the parties may request the public employment relations commission to, and the commission shall, appoint a
qualified person who may be an employee of the commission
to act as an arbitrator to assist in the resolution of a labor dispute between such public employer and such bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator
shall conduct such arbitration of such dispute in a manner as
provided for in the collective bargaining agreement: PROVIDED, That the commission shall not collect any fees or
charges from such public employer or such bargaining representative for services performed by the commission under the
provisions of this chapter: PROVIDED FURTHER, That the
provisions of chapter 49.08 RCW shall have no application to
this chapter. [1975 1st ex.s. 296 § 23; 1973 c 59 § 3.]
41.56.125
Additional notes found at www.leg.wa.gov
41.56.130 Rules and regulations of Washington state
personnel resources board—Mandatory subjects. See
RCW 41.06.150.
41.56.130
(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;
(2) To control, dominate or interfere with a bargaining
representative;
(3) To discriminate against a public employee who has
filed an unfair labor practice charge;
(4) To refuse to engage in collective bargaining. [1969
ex.s. c 215 § 1.]
41.56.150 Unfair labor practices for bargaining representative enumerated. It shall be an unfair labor practice
for a bargaining representative:
(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;
(2) To induce the public employer to commit an unfair
labor practice;
(3) To discriminate against a public employee who has
filed an unfair labor practice charge;
(4) To refuse to engage in collective bargaining. [1969
ex.s. c 215 § 2.]
41.56.150
41.56.160 Commission to prevent unfair labor practices and issue remedial orders and cease and desist
orders. (1) The commission is empowered and directed to
prevent any unfair labor practice and to issue appropriate
remedial orders: PROVIDED, That a complaint shall not be
processed for any unfair labor practice occurring more than
six months before the filing of the complaint with the commission. This power shall not be affected or impaired by any
means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law.
(2) If the commission determines that any person has
engaged in or is engaging in an unfair labor practice, the commission shall issue and cause to be served upon the person an
order requiring the person to cease and desist from such
unfair labor practice, and to take such affirmative action as
will effectuate the purposes and policy of this chapter, such
as the payment of damages and the reinstatement of employees.
(3) The commission may petition the superior court for
the county in which the main office of the employer is located
or in which the person who has engaged or is engaging in
such unfair labor practice resides or transacts business, for
the enforcement of its order and for appropriate temporary
relief. [1994 c 58 § 1; 1983 c 58 § 1; 1975 1st ex.s. c 296 §
24; 1969 ex.s. c 215 § 3.]
41.56.160
Additional notes found at www.leg.wa.gov
41.56.165 Applicability of administrative procedure
act to commission action. Actions taken by or on behalf of
the commission shall be pursuant to chapter 34.05 RCW, or
rules adopted in accordance with chapter 34.05 RCW, and
the right of judicial review provided by chapter 34.05 RCW
shall be applicable to all such actions and rules. [1994 c 58 §
2.]
41.56.165
41.56.203 University of Washington—Certain
employees enrolled in an academic program—Scope of
collective bargaining. (1) In addition to the entities listed in
RCW 41.56.020, this chapter applies to the University of
41.56.203
41.56.140 Unfair labor practices for public employer
enumerated. It shall be an unfair labor practice for a public
employer:
41.56.140
[Title 41 RCW—page 342]
(2010 Ed.)
Public Employees’ Collective Bargaining
Washington with respect to employees who are enrolled in an
academic program and are in a classification in (a) through (i)
of this subsection on any University of Washington campus.
The employees in (a) through (i) of this subsection constitute
an appropriate bargaining unit:
(a) Predoctoral instructor;
(b) Predoctoral lecturer;
(c) Predoctoral teaching assistant;
(d) Predoctoral teaching associates I and II;
(e) Tutors, readers, and graders in all academic units and
tutoring centers;
(f) Predoctoral staff assistant;
(g) Predoctoral staff associates I and II;
(h) Except as provided in this subsection (1)(h), predoctoral researcher, predoctoral research assistant, and predoctoral research associates I and II. The employees that constitute an appropriate bargaining unit under this subsection (1)
do not include predoctoral researchers, predoctoral research
assistants, and predoctoral research associates I and II who
are performing research primarily related to their dissertation
and who have incidental or no service expectations placed
upon them by the university; and
(i) All employees enrolled in an academic program
whose duties and responsibilities are substantially equivalent
to those employees in (a) through (h) of this subsection.
(2)(a) The scope of bargaining for employees at the University of Washington under this section excludes:
(i) The ability to terminate the employment of any individual if the individual is not meeting academic requirements
as determined by the University of Washington;
(ii) The amount of tuition or fees at the University of
Washington. However, tuition and fee remission and waiver
is within the scope of bargaining;
(iii) The academic calendar of the University of Washington; and
(iv) The number of students to be admitted to a particular
class or class section at the University of Washington.
(b)(i) Except as provided in (b)(ii) of this subsection,
provisions of collective bargaining agreements relating to
compensation must not exceed the amount or percentage
established by the legislature in the appropriations act. If any
compensation provision is affected by subsequent modification of the appropriations act by the legislature, both parties
must immediately enter into collective bargaining for the sole
purpose of arriving at a mutually agreed upon replacement
for the affected provision.
(ii) The University of Washington may provide additional compensation to student employees covered by this
section that exceeds that provided by the legislature. [2002 c
34 § 2.]
Intent—2002 c 34: "(1) This act is intended to promote cooperative
labor relations between the University of Washington and the employees
who provide instructional, research, and related academic services, and who
are enrolled as students at the university by extending collective bargaining
rights under chapter 41.56 RCW and using the orderly procedures administered by the public employment relations commission. To achieve this end,
the legislature intends that under chapter 41.56 RCW the university will
exclusively bargain in good faith over all matters within the scope of bargaining under RCW 41.56.203.
(2) The legislature recognizes the importance of the shared governance
practices developed at the University of Washington. The legislature does
not intend to restrict, limit, or prohibit the exercise of the functions of the faculty in any shared governance mechanisms or practices, including the faculty
(2010 Ed.)
41.56.205
senate, faculty councils, and faculty codes of the University of Washington;
nor does the legislature intend to restrict, limit, or prohibit the exercise of the
functions of the graduate and professional student senate, the associated students of the University of Washington, or any other student organization in
matters outside the scope of bargaining covered by chapter 41.56 RCW.
(3) The legislature intends that nothing in this act will restrict, limit, or
prohibit the University of Washington from consideration of the merits,
necessity, or organization of any program, activity, or service established by
the University of Washington, including, but not limited to, any decision to
establish, modify, or discontinue any such program, activity, or service. The
legislature further intends that nothing in this act will restrict, limit, or prohibit the University of Washington from having sole discretion over admission requirements for students, criterion for the award of certificates and
degrees to students, academic criterion for selection of employees covered
by this chapter, initial appointment of students, and the content, conduct, and
supervision of courses, curricula, grading requirements, and research programs.
(4) The legislature does not intend to limit the matters excluded from
collective bargaining to those items specified in this act." [2002 c 34 § 1.]
Effective date—2002 c 34: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 34 § 3.]
41.56.205 Washington State University—Certain
employees enrolled in an academic program—Scope of
collective bargaining. (1) In addition to the entities listed in
RCW 41.56.020, this chapter applies to Washington State
University with respect to employees who are enrolled in an
academic program and are in a classification in (a) through
(g) of this subsection on any Washington State University
campus. The employees in (a) through (g) of this subsection
constitute an appropriate bargaining unit:
(a) Graduate teaching assistant;
(b) Graduate staff assistant;
(c) Graduate project assistant;
(d) Graduate veterinary assistant;
(e) Tutor, reader, and graders in all academic units and
tutoring centers;
(f) Except as provided in this subsection (1)(f), graduate
research assistant. The employees that constitute an appropriate bargaining unit under this subsection (1) do not include
graduate research assistants who are performing research primarily related to their dissertation and who have incidental or
no service expectations placed upon them by the university;
and
(g) All employees enrolled in an academic program
whose duties and responsibilities are substantially equivalent
to those employees in (a) through (f) of this subsection.
(2)(a) The scope of bargaining for employees at Washington State University under this section excludes:
(i) The ability to terminate the employment of any individual if the individual is not meeting academic requirements
as determined by Washington State University;
(ii) The amount of tuition or fees at Washington State
University. However, tuition and fee remission and waiver is
within the scope of bargaining;
(iii) The academic calendar of Washington State University; and
(iv) The number of students to be admitted to a particular
class or class section at Washington State University.
(b)(i) Except as provided in (b)(ii) of this subsection,
provisions of collective bargaining agreements relating to
compensation must not exceed the amount or percentage
established by the legislature in the appropriations act. If any
41.56.205
[Title 41 RCW—page 343]
41.56.210
Title 41 RCW: Public Employment, Civil Service, and Pensions
compensation provision is affected by subsequent modification of the appropriations act by the legislature, both parties
must immediately enter into collective bargaining for the sole
purpose of arriving at a mutually agreed upon replacement
for the affected provision.
(ii) Washington State University may provide additional
compensation to student employees covered by this section
that exceeds that provided by the legislature. [2008 c 203 §
2.]
Intent—2008 c 203: "(1) The legislature acknowledges the ability of
student employees who provide instructional, research, and related academic
services at the University of Washington to collectively bargain and recognizes that student employees performing equivalent services at Washington
State University do not enjoy collective bargaining rights. The legislature
further recognizes that while the titles of the student employees may differ
between the two institutions, student employees at Washington State University should enjoy the same collective bargaining rights as their counterparts
at the University of Washington. The legislature therefore intends to grant
bargaining rights to student employees at Washington State University to the
same extent such rights are granted to student employees at the University of
Washington.
(2) This act is intended to promote cooperative labor relations between
Washington State University and the employees who provide instructional,
research, and related academic services, and who are enrolled as students at
the university by extending collective bargaining rights under chapter 41.56
RCW and using the orderly procedures administered by the public employment relations commission. To achieve this end, the legislature intends that
under chapter 41.56 RCW the university will exclusively bargain in good
faith over all matters within the scope of bargaining under section 2 of this
act.
(3) The legislature recognizes the importance of the shared governance
practices developed at Washington State University. The legislature does
not intend to restrict, limit, or prohibit the exercise of the functions of the faculty in any shared governance mechanisms or practices, including the faculty
senate, faculty councils, and faculty codes of Washington State University;
nor does the legislature intend to restrict, limit, or prohibit the exercise of the
functions of the graduate and professional student association, the associated
students of Washington State University, or any other student organization in
matters outside the scope of bargaining covered by chapter 41.56 RCW.
(4) The legislature intends that nothing in this act will restrict, limit, or
prohibit Washington State University from consideration of the merits,
necessity, or organization of any program, activity, or service established by
Washington State University, including, but not limited to, any decision to
establish, modify, or discontinue any such program, activity, or service. The
legislature further intends that nothing in this act will restrict, limit, or prohibit Washington State University from having sole discretion over admission requirements for students, criterion for the award of certificates and
degrees to students, academic criterion for selection of employees covered
by this act, initial appointment of students, and the content, conduct, and
supervision of courses, curricula, grading requirements, and research programs.
(5) The legislature does not intend to limit the matters excluded from
collective bargaining to those items specified in section 2 of this act." [2008
c 203 § 1.]
41.56.210 Department to prevent unfair labor practices and issue remedial orders—Application to state civil
service employees. See RCW 41.06.340.
41.56.210
41.56.220 Right of employee representing bargaining
unit to be absent from employment during legislative session—Replacement. Any public employee who represents
fifty percent or more of a bargaining unit or who represents
on a statewide basis a group of five or more bargaining units
shall have the right to absent himself from his employment
without pay and without suffering any discrimination in his
future employment and without losing benefits incident to his
employment while representing his bargaining unit at the legislature of the state of Washington during any regular or spe41.56.220
[Title 41 RCW—page 344]
cial session thereof: PROVIDED, That such employee is
replaced by his bargaining unit with an employee who shall
be paid by the employer and who shall be qualified to perform the duties and obligations of the absent member in
accordance with the rules of the civil service or other standards established by his employer for such absent employee.
[1980 c 87 § 17; 1969 ex.s. c 174 § 1.]
41.56.430 Uniformed personnel—Legislative declaration. The intent and purpose of chapter 131, Laws of 1973
is to recognize that there exists a public policy in the state of
Washington against strikes by uniformed personnel as a
means of settling their labor disputes; that the uninterrupted
and dedicated service of these classes of employees is vital to
the welfare and public safety of the state of Washington; that
to promote such dedicated and uninterrupted public service
there should exist an effective and adequate alternative
means of settling disputes. [1973 c 131 § 1.]
41.56.430
Additional notes found at www.leg.wa.gov
41.56.440 Uniformed personnel—Negotiations—
Declaration of an impasse—Appointment of mediator.
Negotiations between a public employer and the bargaining
representative in a unit of uniformed personnel shall be commenced at least five months prior to the submission of the
budget to the legislative body of the public employer. If no
agreement has been reached sixty days after the commencement of such negotiations then, at any time thereafter, either
party may declare that an impasse exists and may submit the
dispute to the commission for mediation, with or without the
concurrence of the other party. The commission shall appoint
a mediator, who shall forthwith meet with the representatives
of the parties, either jointly or separately, and shall take such
other steps as he or she may deem appropriate in order to persuade the parties to resolve their differences and effect an
agreement: PROVIDED, That a mediator does not have a
power of compulsion. [1979 ex.s. c 184 § 1; 1975-’76 2nd
ex.s. c 14 § 1; 1975 1st ex.s. c 296 § 28; 1973 c 131 § 3.]
41.56.440
Additional notes found at www.leg.wa.gov
41.56.450 Uniformed personnel—Interest arbitration panel—Powers and duties—Hearings—Findings and
determination. If an agreement has not been reached following a reasonable period of negotiations and mediation,
and the executive director, upon the recommendation of the
assigned mediator, finds that the parties remain at impasse,
then an interest arbitration panel shall be created to resolve
the dispute. The issues for determination by the arbitration
panel shall be limited to the issues certified by the executive
director. Within seven days following the issuance of the
determination of the executive director, each party shall name
one person to serve as its arbitrator on the arbitration panel.
The two members so appointed shall meet within seven days
following the appointment of the later appointed member to
attempt to choose a third member to act as the neutral chairman of the arbitration panel. Upon the failure of the arbitrators to select a neutral chairman within seven days, the two
appointed members shall use one of the two following
options in the appointment of the third member, who shall act
as chairman of the panel: (1) By mutual consent, the two
41.56.450
(2010 Ed.)
Public Employees’ Collective Bargaining
appointed members may jointly request the commission, and
the commission shall appoint a third member within two days
of such request. Costs of each party’s appointee shall be
borne by each party respectively; other costs of the arbitration proceedings shall be borne by the commission; or (2)
either party may apply to the commission, the federal mediation and conciliation service, or the American Arbitration
Association to provide a list of five qualified arbitrators from
which the neutral chairman shall be chosen. Each party shall
pay the fees and expenses of its arbitrator, and the fees and
expenses of the neutral chairman shall be shared equally
between the parties.
The arbitration panel so constituted shall promptly establish a date, time, and place for a hearing and shall provide reasonable notice thereof to the parties to the dispute. A hearing,
which shall be informal, shall be held, and each party shall
have the opportunity to present evidence and make argument.
No member of the arbitration panel may present the case for
a party to the proceedings. The rules of evidence prevailing in
judicial proceedings may be considered, but are not binding,
and any oral testimony or documentary evidence or other
data deemed relevant by the chairman of the arbitration panel
may be received in evidence. A recording of the proceedings
shall be taken. The arbitration panel has the power to administer oaths, require the attendance of witnesses, and require
the production of such books, papers, contracts, agreements,
and documents as may be deemed by the panel to be material
to a just determination of the issues in dispute. If any person
refuses to obey a subpoena issued by the arbitration panel, or
refuses to be sworn or to make an affirmation to testify, or
any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the
arbitration panel may invoke the jurisdiction of the superior
court in the county where the labor dispute exists, and the
court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt thereof. The hearing conducted by the arbitration panel
shall be concluded within twenty-five days following the
selection or designation of the neutral chairman of the arbitration panel, unless the parties agree to a longer period.
The neutral chairman shall consult with the other members of the arbitration panel, and, within thirty days following
the conclusion of the hearing, the neutral chairman shall
make written findings of fact and a written determination of
the issues in dispute, based on the evidence presented. A copy
thereof shall be served on the commission, on each of the
other members of the arbitration panel, and on each of the
parties to the dispute. That determination shall be final and
binding upon both parties, subject to review by the superior
court upon the application of either party solely upon the
question of whether the decision of the panel was arbitrary or
capricious. [1983 c 287 § 2; 1979 ex.s. c 184 § 2; 1975-’76
2nd ex.s. c 14 § 2; 1975 1st ex.s. c 296 § 29; 1973 c 131 § 4.]
Additional notes found at www.leg.wa.gov
41.56.452
41.56.452 Interest arbitration panel a state agency.
An interest arbitration panel created pursuant to RCW
41.56.450, in the performance of its duties under chapter
41.56 RCW, exercises a state function and is, for the purposes of this chapter, a state agency. Chapter 34.05 RCW
(2010 Ed.)
41.56.465
does not apply to proceedings before an interest arbitration
panel under this chapter. [1983 c 287 § 3; 1980 c 87 § 19.]
Additional notes found at www.leg.wa.gov
41.56.465 Uniformed personnel—Interest arbitration panel—Determinations—Factors to be considered.
(1) In making its determination, the panel shall be mindful of
the legislative purpose enumerated in RCW 41.56.430 and, as
additional standards or guidelines to aid it in reaching a decision, the panel shall consider:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c) The average consumer prices for goods and services,
commonly known as the cost of living;
(d) Changes in any of the circumstances under (a)
through (c) of this subsection during the pendency of the proceedings; and
(e) Such other factors, not confined to the factors under
(a) through (d) of this subsection, that are normally or traditionally taken into consideration in the determination of
wages, hours, and conditions of employment. For those
employees listed in *RCW 41.56.030(7)(a) who are
employed by the governing body of a city or town with a population of less than fifteen thousand, or a county with a population of less than seventy thousand, consideration must also
be given to regional differences in the cost of living.
(2) For employees listed in *RCW 41.56.030(7) (a)
through (d), the panel shall also consider a comparison of the
wages, hours, and conditions of employment of personnel
involved in the proceedings with the wages, hours, and conditions of employment of like personnel of like employers of
similar size on the west coast of the United States.
(3) For employees listed in *RCW 41.56.030(7) (e)
through (h), the panel shall also consider a comparison of the
wages, hours, and conditions of employment of personnel
involved in the proceedings with the wages, hours, and conditions of employment of like personnel of public fire departments of similar size on the west coast of the United States.
However, when an adequate number of comparable employers exists within the state of Washington, other west coast
employers may not be considered.
(4) For employees listed in RCW 41.56.028:
(a) The panel shall also consider:
(i) A comparison of child care provider subsidy rates and
reimbursement programs by public entities, including counties and municipalities, along the west coast of the United
States; and
(ii) The financial ability of the state to pay for the compensation and benefit provisions of a collective bargaining
agreement; and
(b) The panel may consider:
(i) The public’s interest in reducing turnover and increasing retention of child care providers;
(ii) The state’s interest in promoting, through education
and training, a stable child care workforce to provide quality
and reliable child care from all providers throughout the
state; and
(iii) In addition, for employees exempt from licensing
under chapter 74.15 RCW, the state’s fiscal interest in reduc41.56.465
[Title 41 RCW—page 345]
41.56.470
Title 41 RCW: Public Employment, Civil Service, and Pensions
ing reliance upon public benefit programs including but not
limited to medical coupons, food stamps, subsidized housing,
and emergency medical services.
(5) For employees listed in RCW 74.39A.270:
(a) The panel shall consider:
(i) A comparison of wages, hours, and conditions of
employment of publicly reimbursed personnel providing
similar services to similar clients, including clients who are
elderly, frail, or have developmental disabilities, both in the
state and across the United States; and
(ii) The financial ability of the state to pay for the compensation and fringe benefit provisions of a collective bargaining agreement; and
(b) The panel may consider:
(i) A comparison of wages, hours, and conditions of
employment of publicly employed personnel providing similar services to similar clients, including clients who are elderly, frail, or have developmental disabilities, both in the state
and across the United States;
(ii) The state’s interest in promoting a stable long-term
care workforce to provide quality and reliable care to vulnerable elderly and disabled recipients;
(iii) The state’s interest in ensuring access to affordable,
quality health care for all state citizens; and
(iv) The state’s fiscal interest in reducing reliance upon
public benefit programs including but not limited to medical
coupons, food stamps, subsidized housing, and emergency
medical services.
(6) Subsections (2) and (3) of this section may not be
construed to authorize the panel to require the employer to
pay, directly or indirectly, the increased employee contributions resulting from chapter 502, Laws of 1993 or chapter
517, Laws of 1993 as required under chapter 41.26 RCW.
[2007 c 278 § 1; 1995 c 273 § 2; 1993 c 398 § 3.]
*Reviser’s note: RCW 41.56.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (7) to subsection (14).
Additional notes found at www.leg.wa.gov
41.56.470 Uniformed personnel—Arbitration
panel—Rights of parties. During the pendency of the proceedings before the arbitration panel, existing wages, hours
and other conditions of employment shall not be changed by
action of either party without the consent of the other but a
party may so consent without prejudice to his rights or position under chapter 131, Laws of 1973. [1973 c 131 § 6.]
under this section shall be reimbursed as provided in RCW
41.80.140.
(3) The governor or the governor’s designee shall consult with the chief of the Washington state patrol regarding
collective bargaining.
(4) The negotiation of provisions pertaining to wages
and wage-related matters in a collective bargaining agreement between the state and the Washington state patrol officers is subject to the following:
(a) The state’s bargaining representative must periodically consult with a subcommittee of the joint committee on
employment relations created in RCW 41.80.010(5) which
shall consist of the four members appointed to the joint committee with leadership positions in the senate and the house of
representatives, and the chairs and ranking minority members
of the senate transportation committee and the house transportation committee, or their successor committees. The subcommittee must be consulted regarding the appropriations
necessary to implement these provisions in a collective bargaining agreement and, on completion of negotiations, must
be advised on the elements of these provisions.
(b) Provisions that are entered into before the legislature
approves the funds necessary to implement the provisions
must be conditioned upon the legislature’s subsequent
approval of the funds.
(5) The governor shall submit a request for funds necessary to implement the wage and wage-related matters in the
collective bargaining agreement or for legislation necessary
to implement the agreement. Requests for funds necessary to
implement the provisions of bargaining agreements may not
be submitted to the legislature by the governor unless such
requests:
(a) Have been submitted to the director of financial management by October 1st before the legislative session at
which the requests are to be considered; and
(b) Have been certified by the director of financial management as being feasible financially for the state or reflects
the decision of an arbitration panel reached under RCW
41.56.475. [2005 c 438 § 1; 1999 c 217 § 3.]
41.56.470
Additional notes found at www.leg.wa.gov
41.56.473 Uniformed personnel—Application of
chapter to Washington state patrol—Bargaining subjects. (1) In addition to the entities listed in RCW 41.56.020,
this chapter applies to the state with respect to the officers of
the Washington state patrol appointed under RCW
43.43.020, except that the state is prohibited from negotiating
any matters relating to retirement benefits or health care benefits or other employee insurance benefits.
(2) For the purposes of negotiating wages, wage-related
matters, and nonwage matters, the state shall be represented
by the governor or the governor’s designee who is appointed
under chapter 41.80 RCW, and costs of the negotiations
41.56.473
[Title 41 RCW—page 346]
41.56.475 Uniformed personnel—Application of
chapter to Washington state patrol—Mediation and arbitration. In addition to the classes of employees listed in
*RCW 41.56.030(7), the provisions of RCW 41.56.430
through 41.56.452 and 41.56.470, 41.56.480, and 41.56.490
also apply to Washington state patrol officers appointed
under RCW 43.43.020 as provided in this section, subject to
the following:
(1) Within ten working days after the first Monday in
September of every odd-numbered year, the state’s bargaining representative and the bargaining representative for the
appropriate bargaining unit shall attempt to agree on an interest arbitration panel consisting of three members to be used if
the parties are not successful in negotiating a comprehensive
collective bargaining agreement. Each party shall name one
person to serve as its arbitrator on the arbitration panel. The
two members so appointed shall meet within seven days following the appointment of the later appointed member to
attempt to choose a third member to act as the neutral chair of
the arbitration panel. Upon the failure of the arbitrators to
select a neutral chair within seven days, the two appointed
41.56.475
(2010 Ed.)
Public Employees’ Collective Bargaining
members shall use one of the two following options in the
appointment of the third member, who shall act as chair of the
panel: (a) By mutual consent, the two appointed members
may jointly request the commission to, and the commission
shall, appoint a third member within two days of such a
request. Costs of each party’s appointee shall be borne by
each party respectively; other costs of the arbitration proceedings shall be borne by the commission; or (b) either party
may apply to the commission, the federal mediation and conciliation service, or the American arbitration association to
provide a list of five qualified arbitrators from which the neutral chair shall be chosen. Each party shall pay the fees and
expenses of its arbitrator, and the fees and expenses of the
neutral chair shall be shared equally between the parties.
Immediately upon selecting an interest arbitration panel, the
parties shall cooperate to reserve dates with the arbitration
panel for potential arbitration between August 1st and September 15th of the following even-numbered year. The parties shall also prepare a schedule of at least five negotiation
dates for the following year, absent an agreement to the contrary. The parties shall execute a written agreement before
November 1st of each odd-numbered year setting forth the
names of the members of the arbitration panel and the dates
reserved for bargaining and arbitration. This subsection
imposes minimum obligations only and is not intended to
define or limit a party’s full, good faith bargaining obligation
under other sections of this chapter.
(2) The mediator or arbitration panel may consider only
matters that are subject to bargaining under RCW 41.56.473.
(3) The decision of an arbitration panel is not binding on
the legislature and, if the legislature does not approve the
funds necessary to implement provisions pertaining to wages
and wage-related matters of an arbitrated collective bargaining agreement, is not binding on the state or the Washington
state patrol.
(4) In making its determination, the arbitration panel
shall be mindful of the legislative purpose enumerated in
RCW 41.56.430 and, as additional standards or guidelines to
aid it in reaching a decision, shall take into consideration the
following factors:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c) Comparison of the hours and conditions of employment of personnel involved in the proceedings with the hours
and conditions of employment of like personnel of like
employers of similar size on the west coast of the United
States;
(d) Changes in any of the foregoing circumstances during the pendency of the proceedings; and
(e) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into consideration
in the determination of matters that are subject to bargaining
under RCW 41.56.473. [2008 c 149 § 1; 2005 c 438 § 2;
1999 c 217 § 4; 1993 c 351 § 1; 1988 c 110 § 2; 1987 c 135 §
3.]
*Reviser’s note: RCW 41.56.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (7) to subsection (14).
Additional notes found at www.leg.wa.gov
(2010 Ed.)
41.56.492
41.56.480 Uniformed personnel—Refusal to submit
to procedures—Invoking jurisdiction of superior court—
Contempt. If the representative of either or both the uniformed personnel and the public employer refuse to submit to
the procedures set forth in RCW 41.56.440 and 41.56.450,
the parties, or the commission on its own motion, may invoke
the jurisdiction of the superior court for the county in which
the labor dispute exists and such court shall have jurisdiction
to issue an appropriate order. A failure to obey such order
may be punished by the court as a contempt thereof. A decision of the arbitration panel shall be final and binding on the
parties, and may be enforced at the instance of either party,
the arbitration panel or the commission in the superior court
for the county where the dispute arose. [1975 1st ex.s. c 296
§ 30; 1973 c 131 § 7.]
41.56.480
Additional notes found at www.leg.wa.gov
41.56.490 Uniformed employees—Strikes prohibited—Violations—Contempt of court. The right of uniformed employees to engage in any strike, work slowdown,
or stoppage is not granted. An organization recognized as the
bargaining representative of uniformed employees subject to
this chapter that willfully disobeys a lawful order of enforcement by a superior court pursuant to RCW 41.56.480 and
41.56.490, or willfully offers resistance to such order,
whether by strike or otherwise, is in contempt of court as provided in chapter 7.21 RCW. An employer that willfully disobeys a lawful order of enforcement by a superior court pursuant to RCW 41.56.480 or willfully offers resistance to such
order is in contempt of court as provided in chapter 7.21
RCW. [1989 c 373 § 24; 1973 c 131 § 8.]
41.56.490
Additional notes found at www.leg.wa.gov
41.56.492 Application of uniformed personnel collective bargaining provisions to employees of public passenger transportation systems—Conditions. In addition to the
classes of employees listed in *RCW 41.56.030(7), the provisions of RCW 41.56.430 through 41.56.452, 41.56.470,
41.56.480, and 41.56.490 shall also be applicable to the
employees of a public passenger transportation system of a
metropolitan municipal corporation, county transportation
authority, public transportation benefit area, or city public
passenger transportation system, subject to the following:
(1) Negotiations between the public employer and the
bargaining representative may commence at any time agreed
to by the parties. If no agreement has been reached ninety
days after commencement of negotiations, either party may
demand that the issues in disagreement be submitted to a
mediator. The services of the mediator shall be provided by
the commission without cost to the parties, but nothing in this
section or RCW 41.56.440 shall be construed to prohibit the
public employer and the bargaining representative from
agreeing to substitute at their own expense some other mediator or mediation procedure; and
(2) If an agreement has not been reached following a reasonable period of negotiations and mediation, and the mediator finds that the parties remain at impasse, either party may
demand that the issues in disagreement be submitted to an
arbitration panel for a binding and final determination. In
making its determination, the arbitration panel shall be mind41.56.492
[Title 41 RCW—page 347]
41.56.496
Title 41 RCW: Public Employment, Civil Service, and Pensions
ful of the legislative purpose enumerated in RCW 41.56.430
and as additional standards or guidelines to aid it in reaching
a decisions [decision], shall take into consideration the following factors:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c) Compensation package comparisons, economic indices, fiscal constraints, and similar factors determined by the
arbitration panel to be pertinent to the case; and
(d) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into consideration
in the determination of wages, hours, and conditions of
employment. [1993 c 473 § 1.]
*Reviser’s note: RCW 41.56.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (7) to subsection (14).
41.56.496
41.56.496 Commercial nuclear plants—Application
of chapter to certain employees. (1) In order to assure the
uninterrupted and dedicated service of employees employed
by employees of operators of certain commercial nuclear
plants, the provisions of RCW 41.56.430 through 41.56.470,
41.56.480, and 41.56.490 shall apply to the operating and
maintenance employees of a joint operating agency as
defined in RCW 43.52.250 who are employed at a commercial nuclear power plant operating under a site certificate
issued under chapter 80.50 RCW, except as provided in subsection (2) of this section.
(2) In making its determination, the arbitration panel
shall take into consideration the following factors:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c) A comparison of the wages, benefits, hours of work,
and working conditions of the personnel involved in the proceeding with those of like personnel in relevant Washington
labor markets. For classifications not found in Washington,
the comparison shall be made with similar personnel in the
states of California and Arizona, taking into account the relative differences in the cost of living;
(d) Economic indices, fiscal constraints, relative differences in the cost of living, and similar factors determined by
the arbitration panel to be pertinent to the case;
(e) Other factors, not confined to the factors under (a)
through (d) of this subsection, that are normally or traditionally taken into consideration in the determination of wages,
benefits, hours of work, and working conditions. [2009 c 126
§ 1.]
41.56.500
41.56.500 School district collective bargaining agreements—Required action districts. All collective bargaining agreements entered into between a school district
employer and school district employees under this chapter
after June 10, 2010, as well as bargaining agreements existing on June 10, 2010, but renewed or extended after June 10,
2010, shall be consistent with RCW 28A.657.050. [2010 c
235 § 802.]
Finding—2010 c 235: See note following RCW 28A.405.245.
[Title 41 RCW—page 348]
41.56.510 Application of chapter to language access
providers—Governor as public employer—Procedure—
Intent. (1) In addition to the entities listed in RCW
41.56.020, this chapter applies to the governor with respect to
language access providers. Solely for the purposes of collective bargaining and as expressly limited under subsections (2)
and (3) of this section, the governor is the public employer of
language access providers who, solely for the purposes of
collective bargaining, are public employees. The governor or
the governor’s designee shall represent the public employer
for bargaining purposes.
(2) There shall be collective bargaining, as defined in
RCW 41.56.030, between the governor and language access
providers, except as follows:
(a) A statewide unit of all language access providers is
the only unit appropriate for purposes of collective bargaining under RCW 41.56.060;
(b) The exclusive bargaining representative of language
access providers in the unit specified in (a) of this subsection
shall be the representative chosen in an election conducted
pursuant to RCW 41.56.070.
Bargaining authorization cards furnished as the showing
of interest in support of any representation petition or motion
for intervention filed under this section are exempt from disclosure under chapter 42.56 RCW;
(c) Notwithstanding the definition of "collective bargaining" in RCW 41.56.030(4), the scope of collective bargaining for language access providers under this section is
limited solely to: (i) Economic compensation, such as the
manner and rate of payments; (ii) professional development
and training; (iii) labor-management committees; and (iv)
grievance procedures. Retirement benefits are not subject to
collective bargaining. By such obligation neither party may
be compelled to agree to a proposal or be required to make a
concession unless otherwise provided in this chapter;
(d) In addition to the entities listed in the mediation and
interest arbitration provisions of RCW 41.56.430 through
41.56.470 and 41.56.480, the provisions apply to the governor or the governor’s designee and the exclusive bargaining
representative of language access providers, except that:
(i) In addition to the factors to be taken into consideration by an interest arbitration panel under RCW 41.56.465,
the panel shall consider the financial ability of the state to pay
for the compensation and benefit provisions of a collective
bargaining agreement;
(ii) The decision of the arbitration panel is not binding on
the legislature and, if the legislature does not approve the
request for funds necessary to implement the compensation
and benefit provisions of the arbitrated collective bargaining
agreement, the decision is not binding on the state;
(e) Language access providers do not have the right to
strike.
(3) Language access providers who are public employees solely for the purposes of collective bargaining under
subsection (1) of this section are not, for that reason, employees of the state for any other purpose. This section applies
only to the governance of the collective bargaining relationship between the employer and language access providers as
provided in subsections (1) and (2) of this section.
(4) Each party with whom the department of social and
health services contracts for language access services and
41.56.510
(2010 Ed.)
Public Employees’ Collective Bargaining
each of their subcontractors shall provide to the department
an accurate list of language access providers, as defined in
RCW 41.56.030, including their names, addresses, and other
contact information, annually by January 30th, except that
initially the lists must be provided within thirty days of June
10, 2010. The department shall, upon request, provide a list
of all language access providers, including their names,
addresses, and other contact information, to a labor union
seeking to represent language access providers.
(5) This section does not create or modify:
(a) The department’s obligation to comply with the federal statute and regulations; and
(b) The legislature’s right to make programmatic modifications to the delivery of state services under chapter 74.04
RCW. The governor may not enter into, extend, or renew any
agreement under this chapter that does not expressly reserve
the legislative rights described in this subsection.
(6) Upon meeting the requirements of subsection (7) of
this section, the governor must submit, as a part of the proposed biennial or supplemental operating budget submitted to
the legislature under RCW 43.88.030, a request for funds
necessary to implement the compensation and benefit provisions of a collective bargaining agreement entered into under
this section or for legislation necessary to implement the
agreement.
(7) A request for funds necessary to implement the compensation and benefit provisions of a collective bargaining
agreement entered into under this section may not be submitted by the governor to the legislature unless the request has
been:
(a) Submitted to the director of financial management by
October 1st prior to the legislative session at which the
requests are to be considered, except that, for initial negotiations under this section, the request may not be submitted
before July 1, 2011; and
(b) Certified by the director of financial management as
financially feasible for the state or reflective of a binding
decision of an arbitration panel reached under subsection
(2)(d) of this section.
(8) The legislature must approve or reject the submission
of the request for funds as a whole. If the legislature rejects
or fails to act on the submission, any collective bargaining
agreement must be reopened for the sole purpose of renegotiating the funds necessary to implement the agreement.
(9) If, after the compensation and benefit provisions of
an agreement are approved by the legislature, a significant
revenue shortfall occurs resulting in reduced appropriations,
as declared by proclamation of the governor or by resolution
of the legislature, both parties shall immediately enter into
collective bargaining for a mutually agreed upon modification of the agreement.
(10) After the expiration date of any collective bargaining agreement entered into under this section, all of the terms
and conditions specified in the agreement remain in effect
until the effective date of a subsequent agreement, not to
exceed one year from the expiration date stated in the agreement.
(11) In enacting this section, the legislature intends to
provide state action immunity under federal and state antitrust laws for the joint activities of language access providers
(2010 Ed.)
41.56.913
and their exclusive bargaining representative to the extent the
activities are authorized by this chapter. [2010 c 296 § 2.]
Conflict with federal requirements—2010 c 296: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned.
Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2010 c 296 §
9.]
41.56.900 Short title—Effective date—1967 ex.s. c
108. RCW 41.56.010 through 41.56.900 and 41.06.150 shall
be known as the "Public Employees’ Collective Bargaining
Act" and shall take effect on July 1, 1967. [1967 ex.s. c 108
§ 14.]
41.56.900
41.56.905 Uniformed personnel—Provisions additional—Liberal construction. The provisions of this chapter are intended to be additional to other remedies and shall
be liberally construed to accomplish their purpose. Except as
provided in RCW 53.18.015, if any provision of this chapter
conflicts with any other statute, ordinance, rule or regulation
of any public employer, the provisions of this chapter shall
control. [1983 c 287 § 5; 1973 c 131 § 10.]
41.56.905
Additional notes found at www.leg.wa.gov
41.56.906 Construction of chapter—Certain agreements subject to RCW 28A.400.320. Nothing in this chapter may be construed to grant school district employers or
classified school district employees the right to reach agreements that are in conflict with the termination provisions of
RCW 28A.400.320. [2009 c 396 § 11.]
41.56.906
41.56.910 Severability—1973 c 131. If any provisions
of this 1973 amendatory act, or its application to any person
or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1973 c 131 § 11.]
41.56.910
41.56.911 Part headings not law—2006 c 54. Part
headings used in this act are not any part of the law. [2006 c
54 § 9.]
41.56.911
41.56.912 Severability—2006 c 54. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2006 c 54 § 10.]
41.56.912
41.56.913 Conflict with federal requirements—2006
c 54. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this
act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does
not affect the operation of the remainder of this act in its
application to the agencies concerned. Rules adopted under
this act must meet federal requirements that are a necessary
41.56.913
[Title 41 RCW—page 349]
41.56.914
Title 41 RCW: Public Employment, Civil Service, and Pensions
condition to the receipt of federal funds by the state. [2006 c
54 § 11.]
41.56.914 Short title—2006 c 54. This act may be
known and cited as the access to quality family child care act.
[2006 c 54 § 12.]
41.56.914
41.56.915 Effective date—2006 c 54. Sections 1
through 5 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and take
effect immediately [March 15, 2006]. [2006 c 54 § 13.]
41.56.915
(3) Nothing contained in chapter 296, Laws of 1975 1st
ex. sess. shall be construed to alter any power or authority
regarding the scope of collective bargaining in the employment areas affected by chapter 296, Laws of 1975 1st ex.
sess., but chapter 296, Laws of 1975 1st ex. sess. shall be construed as transferring existing jurisdiction and authority to the
public employment relations commission.
(4) Nothing contained in chapter 296, Laws of 1975 1st
ex. sess. shall be construed to prohibit the consideration or
adjustment of complaints or grievances by the public
employer. [1975 1st ex.s. c 296 § 1.]
41.58.010 Public employment relations commission—Created—Membership—Terms—Vacancies—
Quorum—Report. (1) There is hereby created the public
employment relations commission (hereafter called the
"commission") to administer the provisions of this chapter.
The commission shall consist of three members who shall be
citizens appointed by the governor by and with the advice and
consent of the senate. One of the original members shall be
appointed for a term of three years, one for a term of four
years, and one for a term of five years. Their successors shall
be appointed for terms of five years each, except that any person chosen to fill a vacancy shall be appointed only for the
unexpired term of the member whom he succeeds. Commission members shall be eligible for reappointment. The governor shall designate one member to serve as chairman of the
commission. Any member of the commission may be
removed by the governor, upon notice and hearing, for
neglect of duty or malfeasance in office, but for no other
cause. Commission members shall not be eligible for state
retirement under chapter 41.40 RCW by virtue of their service on the commission.
(2) In making citizen member appointments initially, and
subsequently thereafter, the governor shall be cognizant of
the desirability of appointing persons knowledgeable in the
area of labor relations in the state.
(3) A vacancy in the commission shall not impair the
right of the remaining members to exercise all of the powers
of the commission, and two members of the commission
shall, at all times, constitute a quorum of the commission.
(4) The commission shall at the close of each fiscal year
make a report in writing to the legislature and to the governor
stating the cases it has heard, the decisions it has rendered,
the names, salaries, and duties of all employees and officers
in the employ or under the supervision of the commission,
and an account of all moneys it has disbursed. [1981 c 338 §
21; 1975-’76 2nd ex.s. c 5 § 1.]
41.58.010
41.56.950 Retroactive date in collective bargaining
agreements allowable, when. Whenever a collective bargaining agreement between a public employer and a bargaining representative is concluded after the termination date of
the previous collective bargaining agreement between the
same parties, the effective date of such collective bargaining
agreement may be the day after the termination date of the
previous collective bargaining agreement and all benefits
included in the new collective bargaining agreement including wage increases may accrue beginning with such effective
date as established by this section. [1971 ex.s. c 187 § 1.]
41.56.950
Chapter 41.58 RCW
PUBLIC EMPLOYMENT LABOR RELATIONS
Chapter 41.58
Sections
41.58.005
41.58.010
41.58.015
41.58.020
41.58.030
41.58.040
41.58.050
41.58.060
41.58.800
41.58.801
41.58.802
41.58.803
41.58.900
41.58.901
Intent—Construction.
Public employment relations commission—Created—Membership—Terms—Vacancies—Quorum—Report.
Compensation and travel expenses of members—Executive
director—Employees.
Powers and duties of commission.
Office.
Duties of employers and employees.
Rules and regulations.
State ferry system—Chapter 47.64 RCW to govern.
Transfer of employees to commission.
Transfer of reports, documents, records, property, etc., funds,
appropriations, etc.
Procedure for transfer of budgeted fund or equipment.
Continuation and savings.
Effective dates—1975-’76 2nd ex.s. c 5.
Effective date—1975 1st ex.s. c 296 §§ 4, 6, and 8 through 39.
41.58.005 Intent—Construction. (1) It is the intent of
the legislature by the adoption of chapter 296, Laws of 1975
1st ex. sess. to provide, in the area of public employment, for
the more uniform and impartial (a) adjustment and settlement
of complaints, grievances, and disputes arising out of
employer-employee relations and, (b) selection and certification of bargaining representatives by transferring jurisdiction
of such matters to the public employment relations commission from other boards and commissions. It is further the
intent of the legislature, by such transfer, to achieve more
efficient and expert administration of public labor relations
administration and to thereby ensure the public of quality
public services.
(2) Nothing contained in chapter 296, Laws of 1975 1st
ex. sess. shall be construed to alter any existing collective
bargaining unit or the provisions of any existing bargaining
agreement.
41.58.005
[Title 41 RCW—page 350]
41.58.015 Compensation and travel expenses of
members—Executive director—Employees. (1) Each
member of the commission shall be compensated in accordance with RCW 43.03.250. Members of the commission
shall also be reimbursed for travel expenses incurred in the
discharge of their official duties on the same basis as is provided in RCW 43.03.050 and 43.03.060.
(2) The commission shall appoint an executive director
whose annual salary shall be determined under the provisions
of RCW 43.03.028. The executive director shall perform
such duties and have such powers as the commission shall
41.58.015
(2010 Ed.)
Public Employment Labor Relations
prescribe in order to implement and enforce the provisions of
this chapter. In addition to the performance of administrative
duties, the commission may delegate to the executive director
authority with respect to, but not limited to, representation
proceedings, unfair labor practice proceedings, mediation of
labor disputes, arbitration of disputes concerning the interpretation or application of a collective bargaining agreement,
and, in certain cases, fact-finding or arbitration of disputes
concerning the terms of a collective bargaining agreement.
Such delegation shall not eliminate a party’s right of appeal
to the commission. The executive director, with such assistance as may be provided by the attorney general and such
additional legal assistance consistent with chapter 43.10
RCW, shall have authority on behalf of the commission,
when necessary to carry out or enforce any action or decision
of the commission, to petition any court of competent jurisdiction for an order requiring compliance with the action or
decision.
(3) The commission shall employ such employees as it
may from time to time find necessary for the proper performance of its duties, consistent with the provisions of this
chapter.
(4) The payment of all of the expenses of the commission, including travel expenses incurred by the members or
employees of the commission under its orders, shall be subject to the provisions of RCW 43.03.050 and 43.03.060.
[1984 c 287 § 71; 1979 ex.s. c 146 § 2; 1975-’76 2nd ex.s. c
34 § 91; 1975-’76 2nd ex.s. c 5 § 2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
41.58.801
putes only as a last resort. [1993 c 379 § 303; 1975 1st ex.s.
c 296 § 4.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Additional notes found at www.leg.wa.gov
41.58.030 Office. The principal office of the commission shall be in the city of Olympia, but it may meet and exercise any or all of its powers at any other place in the state.
[1975 1st ex.s. c 296 § 5.]
41.58.030
41.58.040 Duties of employers and employees. In
order to prevent or minimize disruptions to the public welfare
growing out of labor disputes, employers and employees and
their representatives shall:
(1) Exert every reasonable effort to make and maintain
agreements concerning rates of pay, hours, and working conditions, including provision for adequate notice of any proposed change in the terms of such agreements;
(2) Whenever a dispute arises over the terms or application of a collective bargaining agreement and a conference is
requested by a party or prospective party thereto, arrange
promptly for such a conference to be held and endeavor in
such conference to settle such dispute expeditiously; and
(3) In case such dispute is not settled by conference, participate fully and promptly in such meetings as may be undertaken by the commission under this chapter for the purpose of
aiding in a settlement of the dispute. [1975 1st ex.s. c 296 §
6.]
41.58.040
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
41.58.050 Rules and regulations. The board shall have
authority from time to time to make, amend, and rescind, in
the manner prescribed by the administrative procedure act,
chapter 34.05 RCW, such rules and regulations as may be
necessary to carry out the provisions of this chapter. [1975
1st ex.s. c 296 § 7.]
41.58.050
41.58.020 Powers and duties of commission. (1) It
shall be the duty of the commission, in order to prevent or
minimize interruptions growing out of labor disputes, to
assist employers and employees to settle such disputes
through mediation and fact-finding.
(2) The commission, through the director, may proffer its
services in any labor dispute arising under a collective bargaining statute administered by the commission, either upon
its own motion or upon the request of one or more of the parties to the dispute, whenever in its judgment such dispute
threatens to cause a substantial disruption to the public welfare.
(3) If the director is not able to bring the parties to agreement by mediation within a reasonable time, the director shall
seek to induce the parties to voluntarily seek other means of
settling the dispute without resort to strike or other coercion,
including submission to the employees in the bargaining unit
of the employer’s last offer of settlement for approval or
rejection in a secret ballot. The failure or refusal of either
party to agree to any procedure suggested by the director
shall not be deemed a violation of any duty or obligation
imposed by this chapter.
(4) Final adjustment by a method agreed upon by the
parties is declared to be the desirable method for settlement
of grievance disputes arising over the application or interpretation of an existing collective bargaining agreement. The
commission is directed to make its mediation and fact-finding services available in the settlement of such grievance dis41.58.020
(2010 Ed.)
41.58.060 State ferry system—Chapter 47.64 RCW
to govern. For any matter concerning the state ferry system
and employee relations, collective bargaining, or labor disputes or stoppages, the provisions of chapter 47.64 RCW
shall govern. [1983 c 15 § 22.]
41.58.060
Additional notes found at www.leg.wa.gov
41.58.800 Transfer of employees to commission. All
employees of the department of labor and industries classified under the provisions of chapter 41.06 RCW, the state
civil service law, whose positions are entirely concerned with
functions transferred to the commission by chapter 296, Laws
of 1975 1st ex. sess. shall be transferred to the jurisdiction of
the commission. [1975-’76 2nd ex.s. c 5 § 3.]
41.58.800
41.58.801 Transfer of reports, documents, records,
property, etc., funds, appropriations, etc. All reports, documents, surveys, books, records, files, papers, or other writings in the possession of the marine employee commission,
the office of the superintendent of public instruction, the
*state board for community college education, and the
department of labor and industries and pertaining to the func41.58.801
[Title 41 RCW—page 351]
41.58.802
Title 41 RCW: Public Employment, Civil Service, and Pensions
tions transferred to the commission by chapter 296, Laws of
1975 1st ex. sess. shall by January 1, 1976, be delivered to the
custody of the commission. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property
employed in carrying out the functions transferred by chapter
296, Laws of 1975 1st ex. sess. shall by January 1, 1976, be
transferred to the commission.
Any appropriation or portion thereof remaining as of
January 1, 1976, and which is made to an agency for the purpose of carrying out functions transferred from such agency
pursuant to chapter 296, Laws of 1975 1st ex. sess., shall, by
January 1, 1976, be transferred and credited to the commission for the purpose of carrying out such functions. This paragraph shall not affect the transfer of moneys prior to January
1, 1976, pursuant to section 67, chapter 269, Laws of 1975
1st ex. sess.
Whenever any question arises as to the transfer of any
funds, including unexpended balances within any accounts,
books, documents, records, papers, files, equipment, or any
other tangible property used or held in the exercise of the performance of the functions transferred under chapter 296,
Laws of 1975 1st ex. sess., the director of financial management or his successor shall make a determination as to the
proper allocation and certify the same to the state agencies
concerned. [1979 c 151 § 66; 1975-’76 2nd ex.s. c 5 § 4.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
41.58.802 Procedure for transfer of budgeted fund or
equipment. Where transfers of budgeted funds or equipment
are required under *this act, the director of financial management shall certify such transfers to the agencies affected, the
state auditor and the state treasurer all of whom shall make
the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with
such certification. [1979 c 151 § 67; 1975-’76 2nd ex.s. c 5 §
5.]
41.58.802
*Reviser’s note: For codification of "this act" [1975-’76 2nd ex.s. c 5],
see Codification Tables, Volume 0.
41.58.803 Continuation and savings. On January 1,
1976, all rules and regulations, and all business pending
before the agencies or divisions thereof from whom functions
are transferred pursuant to chapter 296, Laws of 1975 1st ex.
sess. and which pertain to such functions shall be continued
and acted upon by the commission. All existing contracts and
obligations pertaining to such functions shall remain in full
force and effect, but shall be performed by the commission in
lieu of the agency from whom the functions are transferred.
The transfer of any functions shall not affect the validity of
any act performed by such agency or division thereof or any
officer or employee thereof prior to the effective date of the
transferral of such functions.
Notwithstanding any other provisions of *this act, contracts or agreements are authorized between the commission
and other agencies with respect to functions transferred from
other agencies pursuant to chapter 296, Laws of 1975 1st ex.
sess. Such contract or agreement may provide for an
employee or employees of such other agencies or other person or persons to continue to provide services relating to
41.58.803
[Title 41 RCW—page 352]
pending business which is transferred to the commission as
of January 1, 1976, until such pending business is completed.
[1975-’76 2nd ex.s. c 5 § 6.]
*Reviser’s note: For codification of "this act" [1975-’76 2nd ex.s. c 5],
see Codification Tables, Volume 0.
41.58.900 Effective dates—1975-’76 2nd ex.s. c 5.
This act is necessary for the immediate preservation of the
public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect on September 8, 1975, except for the provisions of sections 6 and 7 which shall be effective on January 1, 1976.
[1975-’76 2nd ex.s. c 5 § 9.]
41.58.900
41.58.901 Effective date—1975 1st ex.s. c 296 §§ 4, 6,
and 8 through 39. Sections 4, 6, and 8 through 39 of chapter
296, Laws of 1975 1st ex. sess. shall not be effective until
January 1, 1976. [1975-’76 2nd ex.s. c 5 § 8.]
41.58.901
Chapter 41.59 RCW
EDUCATIONAL EMPLOYMENT RELATIONS ACT
Chapter 41.59
Sections
41.59.010
41.59.020
41.59.060
41.59.070
41.59.080
41.59.090
41.59.100
41.59.105
41.59.110
41.59.120
41.59.130
41.59.140
41.59.150
41.59.160
41.59.170
41.59.180
41.59.900
41.59.910
41.59.920
41.59.930
41.59.935
41.59.936
41.59.940
41.59.950
Purpose.
Definitions.
Employee rights enumerated—Fees and dues, deduction from
pay.
Election to ascertain exclusive bargaining representative,
when—Run-off election—Decertification election.
Determination of bargaining unit—Standards.
Certification of exclusive bargaining representative—Scope of
representation.
Union security provisions—Scope—Agency shop provision,
collection of dues or fees.
School district collective bargaining agreements—Required
action districts.
Commission, rules and regulations of—Federal precedents as
standard.
Resolving impasses in collective bargaining—Mediation—
Fact-finding with recommendations—Other.
Binding arbitration procedures authorized.
Unfair labor practices for employer, employee organization,
enumerated.
Commission to prevent unfair labor practices—Scope.
Applicability of administrative procedure act provisions to
commission action.
Effective date of certain agreements—Increased benefits during agreement authorized, when.
Employees in specialized job category—Exclusion.
Short title.
Construction of chapter—Effect on existing agreements—
Collective bargaining agreement prevails where conflict.
Construction of chapter—Employee’s rights preserved.
Construction of chapter—Employer’s responsibilities and
rights preserved.
Construction of chapter—Certain agreements subject to RCW
28A.150.410 and 28A.400.200.
Construction of chapter—Certain agreements subject to RCW
28A.405.470.
Effective date—1975 1st ex.s. c 288.
Severability—1975 1st ex.s. c 288.
Reviser’s note: Phrase "the commission" is used throughout chapter
41.59 RCW; 1975 1st ex.s. c 288 § 4, wherein the commission was created,
was vetoed by the governor; reference to the proviso in RCW 41.59.020(3)
below, together with amendments and repeals in 1975-’76 2nd ex.s. c 5 (codified in chapter 41.58 RCW) suggests commission to be that created in RCW
41.58.010.
41.59.010 Purpose. It is the purpose of this chapter to
prescribe certain rights and obligations of the educational
employees of the school districts of the state of Washington,
41.59.010
(2010 Ed.)
Educational Employment Relations Act
and to establish procedures governing the relationship
between such employees and their employers which are
designed to meet the special requirements and needs of public employment in education. [1975 1st ex.s. c 288 § 2.]
41.59.020 Definitions. As used in this chapter:
(1) The term "employee organization" means any organization, union, association, agency, committee, council, or
group of any kind in which employees participate, and which
exists for the purpose, in whole or in part, of collective bargaining with employers.
(2) The term "collective bargaining" or "bargaining"
means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times in light of the time
limitations of the budget-making process, and to bargain in
good faith in an effort to reach agreement with respect to the
wages, hours, and terms and conditions of employment:
PROVIDED, That prior law, practice or interpretation shall
be neither restrictive, expansive, nor determinative with
respect to the scope of bargaining. A written contract incorporating any agreements reached shall be executed if
requested by either party. The obligation to bargain does not
compel either party to agree to a proposal or to make a concession.
In the event of a dispute between an employer and an
exclusive bargaining representative over the matters that are
terms and conditions of employment, the commission shall
decide which item(s) are mandatory subjects for bargaining
and which item(s) are nonmandatory.
(3) The term "commission" means the public employment relations commission established by RCW 41.58.010.
(4) The terms "employee" and "educational employee"
means any certificated employee of a school district, except:
(a) The chief executive officer of the employer.
(b) The chief administrative officers of the employer,
which shall mean the superintendent of the district, deputy
superintendents, administrative assistants to the superintendent, assistant superintendents, and business manager. Title
variation from all positions enumerated in this subsection (b)
may be appealed to the commission for determination of
inclusion in, or exclusion from, the term "educational
employee".
(c) Confidential employees, which shall mean:
(i) Any person who participates directly on behalf of an
employer in the formulation of labor relations policy, the
preparation for or conduct of collective bargaining, or the
administration of collective bargaining agreements, except
that the role of such person is not merely routine or clerical in
nature but calls for the consistent exercise of independent
judgment; and
(ii) Any person who assists and acts in a confidential
capacity to such person.
(d) Unless included within a bargaining unit pursuant to
RCW 41.59.080, any supervisor, which means any employee
having authority, in the interest of an employer, to hire,
assign, promote, transfer, layoff, recall, suspend, discipline,
or discharge other employees, or to adjust their grievances, or
to recommend effectively such action, if in connection with
the foregoing the exercise of such authority is not merely routine or clerical in nature but calls for the consistent exercise
41.59.020
(2010 Ed.)
41.59.070
of independent judgment, and shall not include any persons
solely by reason of their membership on a faculty tenure or
other governance committee or body. The term "supervisor"
shall include only those employees who perform a preponderance of the above-specified acts of authority.
(e) Unless included within a bargaining unit pursuant to
RCW 41.59.080, principals and assistant principals in school
districts.
(5) The term "employer" means any school district.
(6) The term "exclusive bargaining representative"
means any employee organization which has:
(a) Been selected or designated pursuant to the provisions of this chapter as the representative of the employees in
an appropriate collective bargaining unit; or
(b) Prior to January 1, 1976, been recognized under a
predecessor statute as the representative of the employees in
an appropriate collective bargaining or negotiations unit.
(7) The term "person" means one or more individuals,
organizations, unions, associations, partnerships, corporations, boards, committees, commissions, agencies, or other
entities, or their representatives.
(8) The term "nonsupervisory employee" means all educational employees other than principals, assistant principals
and supervisors. [1989 c 11 § 11; 1975 1st ex.s. c 288 § 3.]
Additional notes found at www.leg.wa.gov
41.59.060 Employee rights enumerated—Fees and
dues, deduction from pay. (1) Employees shall have the
right to self-organization, to form, join, or assist employee
organizations, to bargain collectively through representatives
of their own choosing, and shall also have the right to refrain
from any or all of such activities except to the extent that
employees may be required to pay a fee to any employee
organization under an agency shop agreement authorized in
this chapter.
(2) The exclusive bargaining representative shall have
the right to have deducted from the salary of employees, upon
receipt of an appropriate authorization form which shall not
be irrevocable for a period of more than one year, an amount
equal to the fees and dues required for membership. Such
fees and dues shall be deducted monthly from the pay of all
appropriate employees by the employer and transmitted as
provided for by agreement between the employer and the
exclusive bargaining representative, unless an automatic payroll deduction service is established pursuant to law, at which
time such fees and dues shall be transmitted as therein provided. If an agency shop provision is agreed to and becomes
effective pursuant to RCW 41.59.100, except as provided in
that section, the agency fee equal to the fees and dues
required of membership in the exclusive bargaining representative shall be deducted from the salary of employees in the
bargaining unit. [1975 1st ex.s. c 288 § 7.]
41.59.060
41.59.070 Election to ascertain exclusive bargaining
representative, when—Run-off election—Decertification
election. (1) Any employee organization may file a request
with the commission for recognition as the exclusive representative. Such request shall allege that a majority of the
employees in an appropriate collective bargaining unit wish
to be represented for the purpose of collective bargaining by
41.59.070
[Title 41 RCW—page 353]
41.59.080
Title 41 RCW: Public Employment, Civil Service, and Pensions
such organization, shall describe the grouping of jobs or positions which constitute the unit claimed to be appropriate,
shall be supported by credible evidence demonstrating that at
least thirty percent of the employees in the appropriate unit
desire the organization requesting recognition as their exclusive representative, and shall indicate the name, address, and
telephone number of any other interested employee organization, if known to the requesting organization.
(2) The commission shall determine the exclusive representative by conducting an election by secret ballot, except
under the following circumstances:
(a) In instances where a serious unfair labor practice has
been committed which interfered with the election process
and precluded the holding of a fair election, the commission
shall determine the exclusive bargaining representative by an
examination of organization membership rolls or a comparison of signatures on organization bargaining authorization
cards.
(b) In instances where there is then in effect a lawful
written collective bargaining agreement between the
employer and another employee organization covering any
employees included in the unit described in the request for
recognition, the request for recognition shall not be entertained unless it shall be filed within the time limits prescribed
in subsection (3) of this section for decertification or a new
recognition election.
(c) In instances where within the previous twelve months
another employee organization has been lawfully recognized
or certified as the exclusive bargaining representative of any
employees included in the unit described in the request for
recognition, the request for recognition shall not be entertained.
(d) In instances where the commission has within the
previous twelve months conducted a secret ballot election
involving any employees included in the unit described in the
request for recognition in which a majority of the valid ballots cast chose not to be represented by any employee organization, the request for recognition shall not be entertained.
(3) Whenever the commission conducts an election to
ascertain the exclusive bargaining representative, the ballot
shall contain the name of the proposed bargaining representative and of any other bargaining representative showing written proof of at least ten percent representation of the educational employees within the unit, together with a choice for
any educational employee to designate that he or she does not
desire to be represented by any bargaining agent. Where
more than one organization is on the ballot and neither of the
three or more choices receives a majority of the valid ballots
cast by the educational employees within the bargaining unit,
a run-off election shall be held. The run-off ballot shall contain the two choices which receive the largest and second
largest number of votes. No question concerning representation may be raised within one year of a certification or
attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation
may be raised except during the period not more than ninety
nor less than sixty days prior to the expiration date of the
agreement. In the event that a valid collective bargaining
agreement, together with any renewals or extensions thereof,
has been or will be in existence for three years, then the question of representation may be raised not more than ninety nor
[Title 41 RCW—page 354]
less than sixty days prior to the third anniversary date of the
agreement or any renewals or extensions thereof as long as
such renewals and extensions do not exceed three years; and
if the exclusive bargaining representative is removed as a
result of such procedure, the then existing collective bargaining agreement shall be terminable by the new exclusive bargaining representative so selected within sixty days after its
certification or terminated on its expiration date, whichever is
sooner, or if no exclusive bargaining representative is so
selected, then the agreement shall be deemed to be terminated
at its expiration date or as of such third anniversary date,
whichever is sooner.
(4) Within the time limits prescribed in subsection (3) of
this section, a petition may be filed signed by at least thirty
percent of the employees of a collective bargaining unit, then
represented by an exclusive bargaining representative, alleging that a majority of the employees in that unit do not wish
to be represented by an employee organization, requesting
that the exclusive bargaining representative be decertified,
and indicating the name, address and telephone number of the
exclusive bargaining representative and any other interested
employee organization, if known. Upon the verification of
the signatures on the petition, the commission shall conduct
an election by secret ballot as prescribed by subsection (3) of
this section. [1975 1st ex.s. c 288 § 8.]
41.59.080 Determination of bargaining unit—Standards. The commission, upon proper application for certification as an exclusive bargaining representative or upon petition for change of unit definition by the employer or any
employee organization within the time limits specified in
RCW 41.59.070(3), and after hearing upon reasonable notice,
shall determine the unit appropriate for the purpose of collective bargaining. In determining, modifying or combining the
bargaining unit, the commission shall consider the duties,
skills, and working conditions of the educational employees;
the history of collective bargaining; the extent of organization among the educational employees; and the desire of the
educational employees; except that:
(1) A unit including nonsupervisory educational employees shall not be considered appropriate unless it includes all
such nonsupervisory educational employees of the employer;
and
(2) A unit that includes only supervisors may be considered appropriate if a majority of the employees in such category indicate by vote that they desire to be included in such a
unit; and
(3) A unit that includes only principals and assistant
principals may be considered appropriate if a majority of
such employees indicate by vote that they desire to be
included in such a unit; and
(4) A unit that includes both principals and assistant
principals and other supervisory employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a
unit; and
(5) A unit that includes supervisors and/or principals and
assistant principals and nonsupervisory educational employees may be considered appropriate if a majority of the
employees in each category indicate by vote that they desire
to be included in such a unit; and
41.59.080
(2010 Ed.)
Educational Employment Relations Act
(6) A unit that includes only employees in vocationaltechnical institutes or occupational skill centers may be considered to constitute an appropriate bargaining unit if the history of bargaining in any such school district so justifies; and
(7) Notwithstanding the definition of collective bargaining, a unit that contains only supervisors and/or principals
and assistant principals shall be limited in scope of bargaining to compensation, hours of work, and the number of days
of work in the annual employment contracts; and
(8) The bargaining unit of certificated employees of
school districts, educational service districts, or institutions
of higher education that are education providers under chapter 28A.193 RCW must be limited to the employees working
as education providers to juveniles in each adult correctional
facility maintained by the department of corrections and must
be separate from other bargaining units in school districts,
educational service districts, or institutions of higher education. [1998 c 244 § 11; 1975 1st ex.s. c 288 § 9.]
Additional notes found at www.leg.wa.gov
41.59.090
41.59.090 Certification of exclusive bargaining representative—Scope of representation. The employee organization which has been determined to represent a majority of
the employees in a bargaining unit shall be certified by the
commission as the exclusive bargaining representative of,
and shall be required to represent all the employees within the
unit without regard to membership in that bargaining representative: PROVIDED, That any employee at any time may
present his grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, as long as such representative has
been given an opportunity to be present at that adjustment
and to make its views known, and as long as the adjustment is
not inconsistent with the terms of a collective bargaining
agreement then in effect. [1975 1st ex.s. c 288 § 10.]
41.59.100
41.59.100 Union security provisions—Scope—
Agency shop provision, collection of dues or fees. A collective bargaining agreement may include union security provisions including an agency shop, but not a union or closed
shop. If an agency shop provision is agreed to, the employer
shall enforce it by deducting from the salary payments to
members of the bargaining unit the dues required of membership in the bargaining representative, or, for nonmembers
thereof, a fee equivalent to such dues. All union security provisions must safeguard the right of nonassociation of employees based on bona fide religious tenets or teachings of a
church or religious body of which such employee is a member. Such employee shall pay an amount of money equivalent
to regular dues and fees to a nonreligious charity or to another
charitable organization mutually agreed upon by the
employee affected and the bargaining representative to which
such employee would otherwise pay the dues and fees. The
employee shall furnish written proof that such payment has
been made. If the employee and the bargaining representative
do not reach agreement on such matter, the commission shall
designate the charitable organization. [1975 1st ex.s. c 288 §
11.]
(2010 Ed.)
41.59.120
41.59.105 School district collective bargaining agreements—Required action districts. All collective bargaining agreements entered into between a school district
employer and school district employees under this chapter
after June 10, 2010, as well as bargaining agreements existing on June 10, 2010, but renewed or extended after June 10,
2010, shall be consistent with RCW 28A.657.050. [2010 c
235 § 803.]
41.59.105
Finding—2010 c 235: See note following RCW 28A.405.245.
41.59.110 Commission, rules and regulations of—
Federal precedents as standard. (1) The commission shall
promulgate, revise, or rescind, in the manner prescribed by
the administrative procedure act, chapter 34.05 RCW, such
rules and regulations as it may deem necessary and appropriate to administer the provisions of this chapter, in conformity
with the intent and purpose of this chapter, and consistent
with the best standards of labor-management relations.
(2) The rules, precedents, and practices of the national
labor relations board, provided they are consistent with this
chapter, shall be considered by the commission in its interpretation of this chapter, and prior to adoption of any aforesaid commission rules and regulations. [1975 1st ex.s. c 288
§ 12.]
41.59.110
41.59.120 Resolving impasses in collective bargaining—Mediation—Fact-finding with recommendations—
Other. (1) Either an employer or an exclusive bargaining
representative may declare that an impasse has been reached
between them in collective bargaining and may request the
commission to appoint a mediator for the purpose of assisting
them in reconciling their differences and resolving the controversy on terms which are mutually acceptable. If the commission determines that its assistance is needed, not later than
five days after the receipt of a request therefor, it shall
appoint a mediator in accordance with rules and regulations
for such appointment prescribed by the commission. The
mediator shall meet with the parties or their representatives,
or both, forthwith, either jointly or separately, and shall take
such other steps as he may deem appropriate in order to persuade the parties to resolve their differences and effect a
mutually acceptable agreement. The mediator, without the
consent of both parties, shall not make findings of fact or recommend terms of settlement. The services of the mediator,
including, if any, per diem expenses, shall be provided by the
commission without cost to the parties. Nothing in this subsection (1) shall be construed to prevent the parties from
mutually agreeing upon their own mediation procedure, and
in the event of such agreement, the commission shall not
appoint its own mediator unless failure to do so would be
inconsistent with the effectuation of the purposes and policy
of this chapter.
(2) If the mediator is unable to effect settlement of the
controversy within ten days after his or her appointment,
either party, by written notification to the other, may request
that their differences be submitted to fact-finding with recommendations, except that the time for mediation may be
extended by mutual agreement between the parties. Within
five days after receipt of the aforesaid written request for
fact-finding, the parties shall select a person to serve as fact
finder and obtain a commitment from that person to serve. If
41.59.120
[Title 41 RCW—page 355]
41.59.130
Title 41 RCW: Public Employment, Civil Service, and Pensions
they are unable to agree upon a fact finder or to obtain such a
commitment within that time, either party may request the
commission to designate a fact finder. The commission,
within five days after receipt of such request, shall designate
a fact finder in accordance with rules and regulations for such
designation prescribed by the commission. The fact finder so
designated shall not be the same person who was appointed
mediator pursuant to subsection (1) of this section without
the consent of both parties.
The fact finder, within five days after his appointment,
shall meet with the parties or their representatives, or both,
either jointly or separately, and make inquiries and investigations, hold hearings, and take such other steps as he may
deem appropriate. For the purpose of such hearings, investigations and inquiries, the fact finder shall have the power to
issue subpoenas requiring the attendance and testimony of
witnesses and the production of evidence. If the dispute is
not settled within ten days after his appointment, the fact
finder shall make findings of fact and recommend terms of
settlement within thirty days after his appointment, which
recommendations shall be advisory only.
(3) Such recommendations, together with the findings of
fact, shall be submitted in writing to the parties and the commission privately before they are made public. Either the
commission, the fact finder, the employer, or the exclusive
bargaining representative may make such findings and recommendations public if the dispute is not settled within five
days after their receipt from the fact finder.
(4) The costs for the services of the fact finder, including, if any, per diem expenses and actual and necessary travel
and subsistence expenses, and any other incurred costs, shall
be borne by the commission without cost to the parties.
(5) Nothing in this section shall be construed to prohibit
an employer and an exclusive bargaining representative from
agreeing to substitute, at their own expense, their own procedure for resolving impasses in collective bargaining for that
provided in this section or from agreeing to utilize for the
purposes of this section any other governmental or other
agency or person in lieu of the commission.
(6) Any fact finder designated by an employer and an
exclusive representative or the commission for the purposes
of this section shall be deemed an agent of the state.
(7) This section does not apply to negotiations and mediations conducted under RCW 28A.657.050. [2010 c 235 §
804; 1975 1st ex.s. c 288 § 13.]
Finding—2010 c 235: See note following RCW 28A.405.245.
41.59.130 Binding arbitration procedures authorized. An employer and an exclusive bargaining representative who enter into a collective bargaining agreement may
include in such agreement procedures for binding arbitration
of such disputes as may arise involving the interpretation or
application of such agreement. [1975 1st ex.s. c 288 § 14.]
41.59.130
41.59.140 Unfair labor practices for employer,
employee organization, enumerated. (1) It shall be an
unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed in RCW 41.59.060.
41.59.140
[Title 41 RCW—page 356]
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules and regulations made by the commission pursuant to
RCW 41.59.110, an employer shall not be prohibited from
permitting employees to confer with it or its representatives
or agents during working hours without loss of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment or any term or condition of employment, but nothing contained in this subsection shall prevent
an employer from requiring, as a condition of continued
employment, payment of periodic dues and fees uniformly
required to an exclusive bargaining representative pursuant to
RCW 41.59.100;
(d) To discharge or otherwise discriminate against an
employee because he has filed charges or given testimony
under *this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It shall be an unfair labor practice for an employee
organization:
(a) To restrain or coerce (i) employees in the exercise of
the rights guaranteed in RCW 41.59.060: PROVIDED, That
this paragraph shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein; or (ii) an employer in
the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of
this section;
(c) To refuse to bargain collectively with an employer,
provided it is the representative of its employees subject to
RCW 41.59.090.
(3) The expressing of any views, argument, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions
of *this chapter, if such expression contains no threat of
reprisal or force or promise of benefit. [1975 1st ex.s. c 288
§ 15.]
*Reviser’s note: Session law [1975 1st ex.s. c 288 § 15] language here
reads "this act" or "this 1975 act"; for codification of 1975 1st ex.s. c 288, see
Codification Tables, Volume 0.
41.59.150 Commission to prevent unfair labor practices—Scope. (1) The commission is empowered to prevent
any person from engaging in any unfair labor practice as
defined in RCW 41.59.140: PROVIDED, That a complaint
shall not be processed for any unfair labor practice occurring
more than six months before the filing of the complaint with
the commission. This power shall not be affected by any
other means of adjustment or prevention that has been or may
be established by agreement, law, equity or otherwise.
(2) If the commission determines that any person has
engaged in or is engaging in any such unfair labor practices
as defined in RCW 41.59.140, then the commission shall
issue and cause to be served upon such person an order
requiring such person to cease and desist from such unfair
labor practice, and to take such affirmative action as will
41.59.150
(2010 Ed.)
Educational Employment Relations Act
effectuate the purposes and policy of this chapter, such as the
payment of damages and/or the reinstatement of employees.
(3) The commission may petition the superior court for
the county in which the main office of the employer is located
or wherein the person who has engaged or is engaging in such
unfair labor practice resides or transacts business, for the
enforcement of its order and for appropriate temporary relief.
[1983 c 58 § 3; 1975 1st ex.s. c 288 § 16.]
41.59.160 Applicability of administrative procedure
act provisions to commission action. Actions taken by or
on behalf of the commission shall be pursuant to chapter
34.05 RCW, or rules and regulations adopted in accordance
therewith, and the right of judicial review provided by chapter 34.05 RCW shall be applicable to all such actions and
rules and regulations. [1975 1st ex.s. c 288 § 17.]
41.59.160
41.59.170 Effective date of certain agreements—
Increased benefits during agreement authorized, when.
(1) Whenever a collective bargaining agreement between an
employer and an exclusive bargaining representative is concluded after the termination date of the previous collective
bargaining agreement between the employer and an
employee organization representing the same employees, the
effective date of such collective bargaining agreement may
be the day after the termination date of the previous collective
bargaining agreement and all benefits included in the new
collective bargaining agreement, including wage or salary
increases, may accrue beginning with such effective date as
established by this subsection, and may also accrue beginning
with the effective date of any individual employee contracts
affected thereby.
(2) Any collective bargaining agreement may provide
for the increase of any wages, salaries and other benefits during the term of such agreement or the term of any individual
employee contracts concerned, in the event that the employer
receives by increased appropriation or from other sources,
additional moneys for such purposes. [1975 1st ex.s. c 288 §
18.]
41.59.170
41.59.180 Employees in specialized job category—
Exclusion. Notwithstanding the definition of "employee" in
RCW 41.59.020, the commission may exclude from the coverage of chapter 288, Laws of 1975 1st ex. sess. any specialized job category of an employer where a majority of the persons employed in that job category consists of classified
employees. At such time as a majority of such employees are
certificated, the job category may be considered an appropriate unit under chapter 288, Laws of 1975 1st ex. sess. [1997
c 13 § 14; 1975 1st ex.s. c 288 § 23.]
41.59.180
41.59.900 Short title. This chapter may be cited as the
educational employment relations act. [1975 1st ex.s. c 288
§ 1.]
41.59.900
41.59.910 Construction of chapter—Effect on existing agreements—Collective bargaining agreement prevails where conflict. This chapter shall supersede existing
statutes not expressly repealed to the extent that there is a
conflict between a provision of this chapter and those other
41.59.910
(2010 Ed.)
41.59.940
statutes. Except as otherwise expressly provided herein, nothing in this chapter shall be construed to annul, modify or preclude the renewal or continuation of any lawful agreement
entered into prior to January 1, 1976 between an employer
and an employee organization covering wages, hours, and
terms and conditions of employment. Where there is a conflict between any collective bargaining agreement and any
resolution, rule, policy or regulation of the employer or its
agents, the terms of the collective bargaining agreement shall
prevail. [1975 1st ex.s. c 288 § 19.]
41.59.920 Construction of chapter—Employee’s
rights preserved. Except as otherwise expressly provided
herein, nothing contained in this chapter shall be construed to
deny or otherwise abridge any rights, privileges or benefits
granted by law to employees. [1975 1st ex.s. c 288 § 20.]
41.59.920
41.59.930 Construction of chapter—Employer’s
responsibilities and rights preserved. Nothing in this chapter shall be construed to interfere with the responsibilities and
rights of the employer as specified by federal and state law,
including the employer’s responsibilities to students, the public, and other constituent elements of the institution. [1975
1st ex.s. c 288 § 24.]
41.59.930
41.59.935 Construction of chapter—Certain agreements subject to RCW 28A.150.410 and 28A.400.200.
Nothing in this chapter shall be construed to grant employers
or employees the right to reach agreements regarding salary
or compensation increases in excess of those authorized in
accordance with RCW 28A.150.410 and 28A.400.200.
[1990 c 33 § 571; (1997 c 431 § 22 expired June 30, 1999);
1987 1st ex.s. c 2 § 206; 1981 c 16 § 3.]
41.59.935
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Intent—Severability—Effective dates—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Additional notes found at www.leg.wa.gov
41.59.936 Construction of chapter—Certain agreements subject to RCW 28A.405.470. Nothing in this chapter may be construed to grant employers or employees the
right to reach agreements that are in conflict with the termination provisions of RCW 28A.405.470. [2009 c 396 § 10.]
41.59.936
41.59.940 Effective date—1975 1st ex.s. c 288. Except
for RCW 41.59.040, 41.59.050, 41.59.110 and 41.59.160
which shall take effect ninety days following enactment
h e r eo f , t h is c h a p te r a n d R C W * 2 8 A . 1 5 0 . 0 6 0 a n d
28A.405.100 as amended by chapter 288, Laws of 1975 1st
ex. sess. shall take effect on January 1, 1976. Where the term
"effective date of this chapter" is used elsewhere in this chapter it shall mean January 1, 1976. [1990 c 33 § 572; 1975 1st
ex.s. c 288 § 26.]
41.59.940
Reviser’s note: *(1) RCW 28A.150.060 was repealed by 2009 c 548 §
710, effective September 1, 2011.
(2) Engrossed Substitute Senate Bill No. 2500, which is chapter 288,
Laws of 1975 1st ex. sess., was passed by the senate May 28, 1975, passed
by the house of representatives June 2, 1975, and approved by the governor
July 2, 1975, with the exception of section 4 thereof, which was vetoed by
the governor; it includes the repeal of chapter 28A.72 RCW in section 28
thereof.
[Title 41 RCW—page 357]
41.59.950
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) RCW 41.59.040 and 41.59.050 were repealed by 1979 ex.s. c 146 §
3.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
c 387 § 1; 1983 c 54 § 1; 1982 c 167 § 6; 1977 ex.s. c 169 §
103; 1969 ex.s. c 152 § 3; 1965 ex.s. c 142 § 1.]
Additional notes found at www.leg.wa.gov
41.60.015 Productivity board created—Also known
as employee involvement and recognition board—Members—Terms—Compensation. (1) There is hereby created
the productivity board, which may also be known as the
employee involvement and recognition board. The board
shall administer the employee suggestion program and the
teamwork incentive program under this chapter.
(2) The board shall be composed of:
(a) The secretary of state who shall act as chairperson;
(b) The director of personnel appointed under the provisions of RCW 41.06.130 or the director’s designee;
(c) The director of financial management or the director’s designee;
(d) The director of general administration or the director’s designee;
(e) Three persons with experience in administering
incentives such as those used by industry, with the governor,
lieutenant governor, and speaker of the house of representatives each appointing one person. The governor’s appointee
shall be a representative of an employee organization certified as an exclusive representative of at least one bargaining
unit of classified employees;
(f) Two persons representing state agencies and institutions with employees subject to chapter 41.06 RCW, and one
person representing those subject to *chapter 28B.16 RCW,
both appointed by the governor; and
(g) In addition, the governor and board chairperson may
jointly appoint persons to the board on an ad hoc basis. Ad
hoc members shall serve in an advisory capacity and shall not
have the right to vote.
Members under subsection (2)(e) and (f) of this section
shall be appointed to serve three-year terms.
Members of the board appointed pursuant to subsection
(2)(e) of this section may be compensated in accordance with
RCW 43.03.240. Any board member who is not a state
employee may be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060. [2000 c 139 § 1; 1999 c 50 § 2;
1993 c 467 § 2; 1987 c 387 § 2; 1985 c 114 § 1; 1984 c 287 §
72; 1983 c 54 § 2; 1982 c 167 § 1.]
41.60.015
41.59.950 Severability—1975 1st ex.s. c 288. If any
provision of *this chapter, or its application to any person or
circumstance is held invalid, the remainder of *the chapter,
or the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 288 § 25.]
41.59.950
*Reviser’s note: Session law [1975 1st ex.s. c 288 § 25] language here
reads "this 1975 act" or "the act"; for codification of 1975 1st ex.s. c 288, see
Codification Tables, Volume 0.
Chapter 41.60 RCW
STATE EMPLOYEES’ SUGGESTION AWARDS
AND INCENTIVE PAY
Chapter 41.60
Sections
41.60.010
41.60.015
41.60.020
41.60.030
41.60.041
41.60.050
41.60.080
41.60.100
41.60.110
41.60.120
41.60.140
41.60.150
41.60.160
41.60.910
41.60.911
Definitions.
Productivity board created—Also known as employee
involvement and recognition board—Members—Terms—
Compensation.
Employee suggestion program—Rules for administration of
chapter.
Employee suggestion program—Determination of award.
Employee suggestion program—Amount and payment of
award—Transfer of funds to general fund.
Appropriations for administrative costs.
Employee suggestion program—Contests to encourage participation.
Employee teamwork incentive program—Applications.
Employee teamwork incentive program—Evaluation of savings.
Employee teamwork incentive program—Awards.
Incentive pay or awards not included in retirement calculations.
Recognition awards.
Persons ineligible for awards.
Severability—1975-’76 2nd ex.s. c 122.
Effective dates—1987 c 387.
41.60.010 Definitions. As used in this chapter:
(1) "Board" means the productivity board.
(2) "Delegated authority" means authority delegated to
an agency head by the board to design and implement an
agency unique employee suggestion program for the agency.
(3) "Board designee" means an agency head with delegated authority from the board.
(4) "Employee suggestion program" means the programs
developed by the board under RCW 41.60.020.
(5) "Statewide employee suggestion program" means an
employee suggestion program administered by the productivity board.
(6) "Agency unique suggestion program" means an
employee suggestion program designed and administered by
an agency head with delegated authority.
(7) "Teamwork incentive program" means the program
developed by the board under RCW 41.60.100 through
41.60.120.
(8) "State employees" means present employees in state
agencies and institutions of higher education except for
elected officials, directors of such agencies and institutions,
and their confidential secretaries and administrative assistants and others specifically ruled ineligible by the rules of
the productivity board. [1999 c 50 § 1; 1993 c 467 § 1; 1987
41.60.010
[Title 41 RCW—page 358]
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. For exemptions to higher education personnel law
see chapter 41.06 RCW. RCW 28B.16.015 and 41.06.382 were subsequently
repealed by 2002 c 354 § 403, effective July 1, 2005.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
41.60.020 Employee suggestion program—Rules for
administration of chapter. (1) The board shall formulate,
establish, and maintain a statewide employee suggestion program and adopt rules to allow for agency unique suggestion
programs. Employee suggestion programs are developed to
encourage and reward meritorious suggestions by state
employees that will promote efficiency and economy in the
performance of any function of state government: PROVIDED, That the program shall include provisions for the
41.60.020
(2010 Ed.)
State Employees’ Suggestion Awards and Incentive Pay
processing of suggestions having multi-agency impact and
post-implementation auditing of suggestions for fiscal
accountability.
(2) The board shall adopt rules necessary or appropriate
for the proper administration and for the accomplishment of
the purposes of this chapter. These rules shall include the
adoption of a payment award schedule that establishes the
criteria for determining the amounts of any financial or other
awards under this chapter. [1999 c 50 § 3; 1995 c 181 § 1;
1993 c 467 § 3; 1982 c 167 § 7; 1975-’76 2nd ex.s. c 122 § 1;
1969 ex.s. c 152 § 4; 1965 ex.s. c 142 § 2.]
Additional notes found at www.leg.wa.gov
41.60.030 Employee suggestion program—Determination of award. The board, or [the] board’s designee, shall
make the final determination as to whether an employee suggestion award will be made and shall determine the nature
and extent of the award based on the payment award scale.
No employee suggestion award may normally be made
to an employee for a suggestion which is within the scope of
the employee’s regularly assigned responsibilities. [1999 c
50 § 4; 1982 c 167 § 8; 1965 ex.s. c 142 § 3.]
41.60.030
Additional notes found at www.leg.wa.gov
41.60.041 Employee suggestion program—Amount
and payment of award—Transfer of funds to general
fund. (1) Cash awards for suggestions generating net savings, revenue, or both to the state shall be determined by the
board, or the board’s designee, based on the payment award
scale. No award may be granted in excess of ten thousand
dollars. Savings, revenue, or both, shall be calculated for the
first year of implementation.
(2) The board shall establish guidelines for making cash
awards for suggestions for which benefits to the state are
intangible or for which benefits cannot be calculated.
(3) Funds for the awards shall be drawn from the appropriation of the agency benefiting from the employee’s suggestion. If the suggestion reduces costs to a nonappropriated
fund or reduces costs paid without appropriation from a nonappropriated portion of an appropriated fund, an award may
be paid from the benefiting fund or account without appropriation.
(4) Awards may be paid to state employees for suggestions which generate new or additional money for the general
fund or any other funds of the state. The director of financial
management shall distribute moneys appropriated for this
purpose with the concurrence of the productivity board.
Transfers shall be made from other funds of the state to the
general fund, in amounts equal to award payments made by
the general fund, for suggestions generating new or additional money for those other funds. [1999 c 50 § 5; 1989 c 56
§ 1; 1987 c 387 § 3; 1985 c 114 § 2; 1982 c 167 § 9.]
41.60.041
Additional notes found at www.leg.wa.gov
41.60.050 Appropriations for administrative costs.
The legislature shall appropriate from the department of personnel service fund for the payment of administrative costs of
the productivity board. However, during the 1991-93 fiscal
biennium, the administrative costs of the productivity board
shall be appropriated from the savings recovery account.
41.60.050
(2010 Ed.)
41.60.120
[1991 sp.s. c 16 § 918; 1987 c 387 § 4; 1985 c 114 § 3; 1983
c 54 § 3; 1982 c 167 § 11; 1975-’76 2nd ex.s. c 122 § 3; 1969
ex.s. c 152 § 6; 1965 ex.s. c 142 § 5.]
Department of personnel service fund: RCW 41.06.280.
Additional notes found at www.leg.wa.gov
41.60.080 Employee suggestion program—Contests
to encourage participation. The board and agency heads
may design and initiate contests between agencies and
between agency suggestion evaluators to encourage participation in the suggestion program at management levels. Any
tokens of recognition offered during these contests shall be
nonmonetary and shall not be considered an award, or subject
to RCW 41.60.030. [1999 c 50 § 6; 1982 c 167 § 12; 1975’76 2nd ex.s. c 122 § 5.]
41.60.080
Additional notes found at www.leg.wa.gov
41.60.100 Employee teamwork incentive program—
Applications. (1) With the exception of agencies of the legislative and judicial branches, any organizational unit composed of employees in any agency or group of agencies of
state government with the ability to identify costs, revenues,
or both may apply to the board to participate in the teamwork
incentive program as a team. The application shall have the
approval of the heads of the agency or agencies within which
the team is located.
(2) Applications shall be in the form specified by the
board and contain such information as the board requires.
This may include, but is not limited to, quantitative measures
which establish a database of program output or performance
expectations, or both. This database is used to evaluate savings in accordance with RCW 41.60.110. [1999 c 50 § 7;
1993 c 467 § 4; 1989 c 56 § 2; 1987 c 387 § 5; 1985 c 114 §
4; 1982 c 167 § 2.]
41.60.100
Additional notes found at www.leg.wa.gov
41.60.110 Employee teamwork incentive program—
Evaluation of savings. To qualify for a teamwork incentive
program award for its employees, a team must identify the
net savings, revenue, or both, accomplished during the
project period. The calculations of net savings, revenue, or
both, are not final until approved by the agency head, who
may modify the team’s calculations. The board may by rule
establish criteria to be used in calculating net savings, revenue, or both. [1999 c 50 § 8; 1993 c 467 § 5; 1989 c 56 § 3;
1987 c 387 § 6; 1985 c 114 § 5; 1982 c 167 § 3.]
41.60.110
Additional notes found at www.leg.wa.gov
41.60.120 Employee teamwork incentive program—
Awards. The agency head may recommend an award
amount to the board. The board shall make the final determination as to whether an award will be made in accordance
with applicable rules governing the teamwork incentive program. Awards will be based on the payment award scale.
Funds for the teamwork incentive award shall be drawn from
the agencies in which the unit is located or from the benefiting fund or account without appropriation when additional
revenue is generated to the fund or account.
Awards may be paid to teams for process changes which
generate new or additional money for the general fund or any
41.60.120
[Title 41 RCW—page 359]
41.60.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
other funds of the state. The director of the office of financial
management shall distribute moneys appropriated for this
purpose with the concurrence of the productivity board.
Transfers shall be made from other funds of the state to the
general fund in amounts equal to award payments made by
the general fund, for innovations generating new or additional money for those other funds. [1999 c 50 § 9; 1993 c
467 § 6; 1989 c 56 § 4; 1987 c 387 § 7; 1985 c 114 § 6; 1982
c 167 § 4.]
Additional notes found at www.leg.wa.gov
Chapter 41.68 RCW
REPARATIONS TO STATE EMPLOYEES
TERMINATED DURING WORLD WAR II
Chapter 41.68
Sections
41.68.010
41.68.020
41.68.030
41.68.040
41.68.050
41.68.900
Legislative finding.
Eligibility for reparation.
Submittal of claim.
Determination of eligibility.
Payment of reparation.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Redress authorized for municipal employees dismissed during World War II:
RCW 41.04.580.
41.60.140
41.60.140 Incentive pay or awards not included in
retirement calculations. Incentive pay or awards provided
under this chapter shall not be included for the purpose of
computing a retirement allowance under any public retirement system of this state. [1982 c 167 § 10.]
Additional notes found at www.leg.wa.gov
41.60.150
41.60.150 Recognition awards. Other than suggestion
awards and incentive pay unit awards, agencies shall have the
authority to recognize employees, either individually or as a
class, for accomplishments including outstanding achievements, safety performance, longevity, outstanding public service, or service as employee suggestion evaluators and implementors. Recognition awards may not exceed two hundred
dollars in value per award. Such awards may include, but not
be limited to, cash or such items as pen and desk sets,
plaques, pins, framed certificates, clocks, and calculators.
Award costs shall be paid by the agency giving the award.
From February 15, 2010, through June 30, 2011, recognition
awards may not be given in the form of cash or cash equivalents such as gift certificates or gift cards. [2010 c 1 § 6; 2000
c 139 § 2; 1999 c 50 § 10; 1989 c 56 § 5; 1985 c 114 § 7.]
Effective date—2010 c 1: See note following RCW 41.06.070.
Additional notes found at www.leg.wa.gov
41.60.160
41.60.160 Persons ineligible for awards. No award
may be made under this chapter to any elected state official or
state agency director. [1993 c 467 § 7; 1987 c 387 § 8.]
Additional notes found at www.leg.wa.gov
41.60.910
41.60.910 Severability—1975-’76 2nd ex.s. c 122. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons
or circumstances is not affected. [1975-’76 2nd ex.s. c 122 §
9.]
41.60.911
41.60.911 Effective dates—1987 c 387. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1987,
except section 10 of this act which shall take effect immediately. [1987 c 387 § 11.]
[Title 41 RCW—page 360]
41.68.010 Legislative finding. The dismissal or termination of various state employees during World War II
resulted from the promulgation of federal Executive Order
9066 which was based mainly on fear and suspicion rather
than on factual justification. It is fair and just that reparations
be made to those employees who were terminated from state
employment during the wartime years because of these circumstances. The legislature therefore finds that equity and
fairness will be served by authorizing the filing of claims
with the state for salary losses suffered by the state employees directly affected, and by authorizing the payment thereof,
subject to the provisions of this chapter. [1983 1st ex.s. c 15
§ 1.]
41.68.010
41.68.020 Eligibility for reparation. Any state
employee or the living surviving spouse of a state employee
who, due to the promulgation of federal Executive Order
9066, was dismissed, terminated from a temporary position,
or rejected during the person’s probationary period, or who
voluntarily resigned in lieu of dismissal from state government employment, and who incurred salary losses as a result
thereof, is eligible to file a claim with the state for the reparation of those losses. [1983 1st ex.s. c 15 § 2.]
41.68.020
41.68.030 Submittal of claim. A claim under this chapter may be submitted to the department of personnel for the
reparation of salary losses suffered during the years 1942
through 1947. The claim shall be supported by appropriate
verification, such as the person’s name at the time of the dismissal, the name of the employing department, and a social
security number, or by evidence of official action of termination. The claimant shall also provide an address to which the
department shall mail notification of its determination
regarding the claimant’s eligibility. [1983 1st ex.s. c 15 § 3.]
41.68.030
41.68.040 Determination of eligibility. (1) The department of personnel shall determine the eligibility of a claimant
to receive reparations authorized by this chapter. The department shall then notify the claimant by mail of its determination regarding the claimant’s eligibility.
(2) The department may adopt rules that will assist in the
fair determination of eligibility and the processing of claims.
The department, however, has no obligation to directly notify
any person of possible eligibility for reparation of salary
losses under this chapter. [1983 1st ex.s. c 15 § 4.]
41.68.040
41.68.050 Payment of reparation. A claimant under
this chapter who is determined eligible by the department of
41.68.050
(2010 Ed.)
Law Enforcement Medal of Honor
personnel shall receive two thousand five hundred dollars
each year for two years. All claims which the department
determines are eligible for reparation shall be immediately
forwarded to the state treasurer, who shall issue warrants in
the appropriate amounts upon demand and verification of
identity. If a claimant dies after filing a claim but before
receiving full payment, payments shall be made to the claimant’s estate upon demand and verification of identity. [1983
1st ex.s. c 15 § 5.]
41.68.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
103.]
41.68.900
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Chapter 41.72 RCW
LAW ENFORCEMENT MEDAL OF HONOR
Chapter 41.72
Sections
41.72.010
41.72.020
41.72.030
41.72.040
41.72.050
Law enforcement medal of honor established.
Law enforcement medal of honor committee established—
Membership—Establishment of qualifications for award.
Law enforcement medal of honor awarded—When.
Law enforcement medal of honor may be awarded posthumously.
Law enforcement medal of honor—Design.
eral shall serve as chair of the committee and shall designate
a secretary for the committee. The committee shall meet not
less than semiannually to consider candidates for nomination.
The committee shall adopt rules establishing the qualifications for the state law enforcement medal of honor, the protocol governing the decoration, and the appurtenances necessary to the implementation of this chapter. [1994 c 89 § 2.]
41.72.030 Law enforcement medal of honor
awarded—When. The state law enforcement medal of
honor shall be awarded to recipients during the national law
enforcement recognition week. The governor may delegate
the awarding of the medal to the lieutenant governor or the
attorney general. [1994 c 89 § 3.]
41.72.030
41.72.040 Law enforcement medal of honor may be
awarded posthumously. The state law enforcement medal
of honor may be awarded posthumously to be presented to
the representative of the deceased as may be deemed appropriate by the governor or the designees specified in RCW
41.72.030. [1994 c 89 § 4.]
41.72.040
41.72.050 Law enforcement medal of honor—
Design. The decoration of the state law enforcement medal
of honor shall be bronze and shall consist of a police shield
overlaid by a sheriff’s star with the seal of the state of Washington in the center and the words "law enforcement medal of
honor" within the design and suspended from a ring attached
by either a navy blue ribbon with a gold edge or a green ribbon with a gold edge. Such color choice shall be the recipient’s. The reverse of the decoration shall be inscribed with
the words "For exceptionally honorable and meritorious conduct in performing services as a law enforcement officer."
[1994 c 89 § 5.]
41.72.050
Chapter 41.76 RCW
PUBLIC FOUR-YEAR INSTITUTIONS OF HIGHER
EDUCATION—FACULTY LABOR RELATIONS
Chapter 41.76
Sections
41.72.010 Law enforcement medal of honor established. There is established a decoration of the state law
enforcement medal of honor with accompanying ribbons and
appurtenances for award by the governor in the name of the
state to any law enforcement officer who has been seriously
injured or killed while in the performance of duty, or who has
been distinguished by exceptionally meritorious conduct,
upon nomination of the governor’s state law enforcement
medal of honor committee. [1994 c 89 § 1.]
41.76.001
41.76.005
41.76.010
41.76.015
41.76.020
41.72.020 Law enforcement medal of honor committee established—Membership—Establishment of qualifications for award. There is created the state law enforcement medal of honor committee for nominating candidates
for the award of the state law enforcement medal of honor.
The committee membership consists of a representative from
the governor’s office, the Washington state law enforcement
association, the Washington state council of police officers,
the Washington association of sheriffs and police chiefs, and
the Washington state troopers association. The attorney gen-
41.76.050
41.76.055
41.72.010
41.72.020
(2010 Ed.)
Chapter 41.76
41.76.025
41.76.030
41.76.035
41.76.040
41.76.045
41.76.060
41.76.065
41.76.070
41.76.075
41.76.080
41.76.085
41.76.900
41.76.901
41.76.902
Findings—Declarations—Intent.
Definitions.
Scope of bargaining.
Exclusive bargaining representatives—Duty of representation.
Exclusive bargaining representatives—Procedures for certification—Challenges—Elections.
Bargaining unit determination—Hearings.
Settlement of unresolved matters—Role of commission—
Mediation—Other procedures authorized.
Provisions relating to compensation—Restrictions.
Procedures for grievance arbitration—Subpoenas—Commission—Superior courts.
Exclusive bargaining representative—Union security provisions—Dues and fees.
Unfair labor practices.
Commission to prevent unfair labor practices—Scope—Remedies.
Rule making.
Strikes and lockouts prohibited—Violations—Remedies.
Certain contracts or agreements—Chapter 34.05 RCW does
not apply.
Retroactive accrual of benefits and salaries.
Existing agreements not affected.
Limitations on application of chapter.
Severability—2002 c 356.
Captions not law—2002 c 356.
Effective date—2002 c 356.
[Title 41 RCW—page 361]
41.76.001
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.76.001 Findings—Declarations—Intent. The legislature finds and declares that:
(1) The people of the state of Washington have a fundamental interest in developing harmonious and cooperative
labor relations within the public four-year institutions of
higher education.
(2) Teachers in the public school system and instructors
in the community colleges in the state have been granted the
opportunity to bargain collectively. It is desirable to expand
the jurisdiction of the public employment relations commission to cover faculty in the state’s public four-year institutions of higher education.
(3) It is the purpose of this chapter to provide the means
by which relations between the boards of regents and trustees
of the public four-year institutions of higher education of the
state of Washington and their faculty may assure that the
responsibilities and authorities granted to these institutions
are carried out in an atmosphere that permits the fullest participation by faculty in determining the conditions of employment which affect them. It is the intent of the legislature to
accomplish this purpose by providing a uniform structure for
recognizing the right of faculty of the public four-year institutions of higher education to engage in collective bargaining
as provided in this chapter, if they should so choose.
(4) It is the further purpose of this chapter to provide
orderly and clearly defined procedures for collective bargaining and dispute resolution, and to define and prohibit certain
practices that are contrary to the public interest. [2002 c 356
§ 1.]
41.76.001
41.76.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Faculty governance system" means the internal
organization that serves as the faculty advisory body and is
charged with the responsibility for recommending policies,
regulations, and rules for the college or university.
(2) "Grievance arbitration" means a method to resolve
disputes arising out of interpretations or application of the
terms of an agreement under which the parties to a controversy must accept the decision of an impartial person or persons.
(3) "Collective bargaining" and "bargaining" mean the
performance of the mutual obligation of the representatives
of the employer and the exclusive bargaining representative
to meet at reasonable times to bargain in good faith in an
effort to reach agreement with respect to wages, hours, and
other terms and conditions of employment. A written contract
incorporating any agreements reached must be executed if
requested by either party. The obligation to bargain does not
compel either party to agree to a proposal or to make a concession.
In the event of a dispute between an employer and an
exclusive bargaining representative over the matters that are
terms and conditions of employment, the commission shall
decide which items are mandatory subjects for bargaining,
subject to RCW 41.76.010.
(4) "Commission" means the public employment relations commission established pursuant to RCW 41.58.010.
(5) "Faculty" means employees who, at a public fouryear institution of higher education, are designated with fac41.76.005
[Title 41 RCW—page 362]
ulty status or who perform faculty duties as defined through
policies established by the faculty governance system,
excluding casual or temporary employees, administrators,
confidential employees, graduate student employees, postdoctoral and clinical employees, and employees subject to
chapter 41.06 or 41.56 RCW.
(6) "Employee organization" means any organization
that includes as its members faculty of the employer and that
has as one of its purposes representation of faculty under this
chapter. A faculty governance system is not an employee
organization as defined in this subsection.
(7) "Employer" means the board of regents or the board
of trustees of a public four-year institution of higher education.
(8) "Exclusive bargaining representative" means any
employee organization that has been determined by the commission to represent all of the faculty members of the bargaining unit as required in RCW 41.76.015.
(9) "Administrator" means deans, associate and assistant
deans, vice-provosts, vice-presidents, the provost, chancellors, vice-chancellors, the president, and faculty members
who exercise managerial or supervisory authority over other
faculty members.
(10) "Confidential employee" means (a) a person who
participates directly on behalf of an employer in the formulation of labor relations policy, the preparation for or conduct
of collective bargaining, or the administration of a collective
bargaining agreement, if the role of the person is not merely
routine or clerical in nature but calls for the consistent exercise of independent judgment; and (b) a person who assists
and acts in a confidential capacity to a person in (a) of this
subsection.
(11) "Bargaining unit" includes all faculty members of
all campuses of each of the colleges and universities. Only
one bargaining unit is allowable for faculty of each employer,
and that unit must contain all faculty members from all
schools, colleges, and campuses of the employer.
(12) "Public four-year institutions of higher education"
means the University of Washington, Washington State University, Eastern Washington University, Western Washington University, Central Washington University, and The
Evergreen State College. [2002 c 356 § 3.]
41.76.010 Scope of bargaining. (1) Prohibited subjects
of bargaining include but are not limited to the following:
(a) Consideration of the merits, necessity, or organization of any service, activity, or program established by law or
resolution of the employer, except for the terms and conditions of employment of faculty members who may be
affected by such service, activity, or program.
(b) The amount of any fees that are not a term or condition of employment.
(c) Admission requirements for students, conditions for
the award of certificates and degrees, and the content, methods, supervision, and evaluation of courses, curricula, and
research programs.
(2) Permissive subjects of bargaining include, but are not
limited to, criteria and standards to be used for the appointment, promotion, evaluation, and tenure of faculty.
41.76.010
(2010 Ed.)
Public Four-Year Institutions of Higher Education—Faculty Labor Relations
(3) Nothing in this section shall be construed to limit the
right of the employer to consult with any employee on any
matter outside the scope of bargaining. [2002 c 356 § 4.]
41.76.015 Exclusive bargaining representatives—
Duty of representation. The employee organization which
has been determined by the commission to be the exclusive
bargaining representative of a bargaining unit shall be
required to represent all the faculty members within the bargaining unit without regard to membership in that employee
organization: PROVIDED, That any faculty member may at
any time present his or her complaints or concerns to the
employer and have such complaints or concerns adjusted
without intervention of the exclusive bargaining representative, as long as the exclusive bargaining representative has
been given an opportunity to be present at the adjustment and
to make its views known, and as long as the adjustment is not
inconsistent with the terms of a collective bargaining agreement then in effect. [2002 c 356 § 6.]
41.76.015
41.76.020 Exclusive bargaining representatives—
Procedures for certification—Challenges—Elections.
The commission shall certify exclusive bargaining representatives in accordance with the procedures specified in this
section.
(1) No question concerning representation may be raised
within one year following issuance of a certification under
this section.
(2) If there is a valid collective bargaining agreement in
effect, no question concerning representation may be raised
except during the period not more than ninety nor less than
sixty days prior to the expiration date of the agreement:
PROVIDED, That in the event a valid collective bargaining
agreement, together with any renewals or extensions thereof,
has been or will be in existence for more than three years,
then a question concerning representation may be raised not
more than ninety nor less than sixty days prior to the third
anniversary date or any subsequent anniversary date of the
agreement; and if the exclusive bargaining representative is
removed as the result of such procedure, the collective bargaining agreement shall be deemed to be terminated as of the
date of the certification or the anniversary date following the
filing of the petition, whichever is later.
(3) An employee organization seeking certification as
exclusive bargaining representative of a bargaining unit, or
faculty members seeking decertification of their exclusive
bargaining representative, must make a confidential showing
to the commission of credible evidence demonstrating that at
least thirty percent of the faculty in the bargaining unit are in
support of the petition. The petition must indicate the name,
address, and telephone number of any employee organization
known to claim an interest in the bargaining unit.
(4) A petition filed by an employer must be supported by
credible evidence demonstrating the good faith basis on
which the employer claims the existence of a question concerning the representation of its faculty.
(5) Any employee organization which makes a confidential showing to the commission of credible evidence demonstrating that it has the support of at least ten percent of the
faculty in the bargaining unit involved is entitled to intervene
41.76.020
(2010 Ed.)
41.76.030
in proceedings under this section and to have its name listed
as a choice on the ballot in an election conducted by the commission.
(6) The commission shall determine any question concerning representation by conducting a secret ballot election
among the faculty members in the bargaining unit, except
under the following circumstances:
(a) If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining
unit for which there is no incumbent exclusive bargaining
representative, the commission may, upon the concurrence of
the employer and the employee organization, determine the
question concerning representation by conducting a crosscheck comparing the employee organization’s membership
records or bargaining authorization cards against the employment records of the employer; or
(b) If the commission determines that a serious unfair
labor practice has been committed which interfered with the
election process and precludes the holding of a fair election,
the commission may determine the question concerning representation by conducting a cross-check comparing the
employee organization’s membership records or bargaining
authorization cards against the employment records of the
employer.
(7) The representation election ballot must contain a
choice for each employee organization qualifying under subsection (3) or (5) of this section, together with a choice for no
representation. The representation election shall be determined by the majority of the valid ballots cast. If there are
three or more choices on the ballot and none of the three or
more choices receives a majority of the valid ballots cast, a
runoff election shall be conducted between the two choices
receiving the highest and second highest numbers of votes.
(8) The commission shall certify as the exclusive bargaining representative the employee organization that has
been determined to represent a majority of faculty members
in a bargaining unit. [2002 c 356 § 7.]
41.76.025
41.76.025 Bargaining unit determination—Hearings.
In any dispute concerning membership in the bargaining unit
or the allocation of employees or positions to a bargaining
unit, the commission, after a hearing or hearings, shall determine the dispute. [2002 c 356 § 8.]
41.76.030
41.76.030 Settlement of unresolved matters—Role of
commission—Mediation—Other procedures authorized. (1) The commission shall conduct mediation activities
upon the request of either party as a means of assisting in the
settlement of unresolved matters considered under this chapter.
(2) If any matter being jointly considered by the exclusive bargaining representative and the board of regents or
trustees is not settled by the means provided in this chapter,
either party may request the assistance and advice of the commission. Nothing in this section prohibits an employer and an
employee organization from agreeing to substitute, at their
own expense, some other impasse procedure or other means
of resolving matters considered under this chapter. [2002 c
356 § 9.]
[Title 41 RCW—page 363]
41.76.035
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.76.035 Provisions relating to compensation—
Restrictions. (1) Except as provided in subsection (2) of this
section, provisions of collective bargaining agreements relating to compensation shall not exceed the amount or percentage established by the legislature in the appropriations act. If
any compensation provision is affected by subsequent modification of the appropriations act by the legislature, both parties shall immediately enter into collective bargaining for the
sole purpose of arriving at a mutually agreed upon replacement for the affected provision.
(2) An employer may provide additional compensation
to faculty that exceeds that provided by the legislature. [2002
c 356 § 10.]
41.76.035
41.76.040 Procedures for grievance arbitration—
Subpoenas—Commission—Superior courts. A collective
bargaining agreement negotiated under this chapter may
include procedures for final and binding grievance arbitration
of the disputes arising about the interpretation or application
of the agreement.
(1) The parties to a collective bargaining agreement may
agree on one or more permanent umpires to serve as arbitrator, or may agree on any impartial person to serve as arbitrator, or may agree to select arbitrators from any source available to them, including federal and private agencies, in addition to the staff and dispute resolution panel maintained by
the commission.
(2) An arbitrator may require any person to attend as a
witness, and to bring with him or her any book, record, document, or other evidence. Subpoenas shall issue and be signed
by the arbitrator and shall be served in the same manner as
subpoenas to testify before a court of record in this state. The
fees for such attendance shall be paid by the party requesting
issuance of the subpoena and shall be the same as the fees of
witnesses in the superior court. If any person so summoned to
testify refuses or neglects to obey such subpoena, upon petition authorized by the arbitrator, the superior court may compel the attendance of such person before the arbitrator, or
punish the person for contempt in the same manner provided
for the attendance of witnesses or the punishment of them in
the courts of this state.
(3) The arbitrator shall appoint a time and place for the
hearing and notify the parties thereof, and may adjourn the
hearing from time to time as may be necessary, and, on application of either party and for good cause, may postpone the
hearing to a time not extending beyond a date fixed by the
collective bargaining agreement for making the award. The
arbitrator has the power to administer oaths. The arbitration
award shall be in writing and signed by the arbitrator or a
majority of the members of the arbitration panel. The arbitrator shall, promptly upon its rendition, serve a true copy of the
award on each of the parties or their attorneys.
(4) If a party to a collective bargaining agreement negotiated under this chapter refuses to submit a grievance for
arbitration, the other party to the collective bargaining agreement may invoke the jurisdiction of the superior court for any
county in which the labor dispute exists, and such court has
jurisdiction to issue an order compelling arbitration. The
commission, on its own motion, may invoke the jurisdiction
of the superior court where a strike or lockout is in existence.
Arbitration shall be ordered if the grievance states a claim
41.76.040
[Title 41 RCW—page 364]
which on its face is covered by the collective bargaining
agreement, and doubts as to the coverage of the arbitration
clause shall be resolved in favor of arbitration. Disputes concerning compliance with grievance procedures shall be
reserved for determination by the arbitrator.
(5) If a party to a collective bargaining agreement negotiated under this chapter refuses to comply with the award of
an arbitrator determining a grievance arising under such collective bargaining agreement, the other party to the collective
bargaining agreement, or any affected employee, may invoke
the jurisdiction of the superior court for any county in which
the labor dispute exists, and such court has jurisdiction to
issue an order enforcing the arbitration award. The commission, on its own motion, may invoke the jurisdiction of the
superior court where a strike or lockout is in existence. The
court shall not substitute its judgment for that of the arbitrator
and shall enforce any arbitration award which is based on the
collective bargaining agreement, except that an arbitration
award shall not be enforced and a new arbitration proceeding
may be ordered:
(a) If the arbitration award was procured by corruption,
fraud, or undue means;
(b) If there was evident partiality or corruption in the
arbitrator or arbitrators;
(c) If the arbitrator or arbitrators were guilty of misconduct, in refusing to postpone a hearing upon sufficient cause
shown, or in refusing to hear evidence pertinent and material
to the controversy, or of any other misbehavior by which the
rights of any party have been prejudiced; or
(d) If the arbitrator or arbitrators have exceeded their
powers, or so imperfectly executed them that a final and definite award on the subject matter was not made, in which
event the court also has discretion to remand the matter to the
arbitrator or arbitrators who issued the defective award.
[2002 c 356 § 11.]
41.76.045 Exclusive bargaining representative—
Union security provisions—Dues and fees. (1) Upon filing
with the employer the voluntary written authorization of a
bargaining unit faculty member under this chapter, the
employee organization which is the exclusive bargaining representative of the bargaining unit shall have the right to have
deducted from the salary of the bargaining unit faculty member the periodic dues and initiation fees uniformly required as
a condition of acquiring or retaining membership in the
exclusive bargaining representative. Such employee authorization shall not be irrevocable for a period of more than one
year. Such dues and fees shall be deducted from the pay of all
faculty members who have given authorization for such
deduction, and shall be transmitted by the employer to the
employee organization or to the depository designated by the
employee organization.
(2) A collective bargaining agreement may include
union security provisions, but not a closed shop. If an agency
shop or other union security provision is agreed to, the
employer shall enforce any such provision by deductions
from the salary of bargaining unit faculty members affected
thereby and shall transmit such funds to the employee organization or to the depository designated by the employee organization.
41.76.045
(2010 Ed.)
Public Four-Year Institutions of Higher Education—Faculty Labor Relations
(3) A faculty member who is covered by a union security
provision and who asserts a right of nonassociation based on
bona fide religious tenets or teachings of a church or religious
body of which such faculty member is a member shall pay to
a nonreligious charity or other charitable organization an
amount of money equivalent to the periodic dues and initiation fees uniformly required as a condition of acquiring or
retaining membership in the exclusive bargaining representative. The charity shall be agreed upon by the faculty member
and the employee organization to which such faculty member
would otherwise pay the dues and fees. The faculty member
shall furnish written proof that such payments have been
made. If the faculty member and the employee organization
do not reach agreement on such matter, the dispute shall be
submitted to the commission for determination. [2002 c 356
§ 12.]
41.76.050 Unfair labor practices. (1) It is an unfair
labor practice for an employer to:
(a) Interfere with, restrain, or coerce faculty members in
the exercise of the rights guaranteed by this chapter;
(b) Dominate or interfere with the formation or administration of any employee organization or contribute financial
or other support to it: PROVIDED, That subject to rules
adopted by the commission, an employer is not prohibited
from permitting faculty members to confer with it or its representatives or agents during working hours without loss of
time or pay;
(c) Encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment, or any term or condition of employment;
(d) Discharge or discriminate otherwise against a faculty
member because that faculty member has filed charges or
given testimony under this chapter;
(e) Refuse to bargain collectively with the exclusive bargaining representative of its faculty.
(2) It is an unfair labor practice for an employee organization to:
(a) Restrain or coerce a faculty member in the exercise of
the rights guaranteed by this chapter: PROVIDED, That this
subsection does not impair the rights of (i) an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization
or (ii) to the rights of an employer in the selection of its representatives for the purpose of bargaining or the adjustment
of grievances;
(b) Cause or attempt to cause an employer to discriminate against a faculty member in violation of subsection
(1)(c) of this section;
(c) Discriminate against a faculty member because that
faculty member has filed charges or given testimony under
this chapter;
(d) Refuse to bargain collectively with an employer.
(3) The expressing of any view, arguments, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such
expression contains no threat of reprisal or force or promise
of benefit. [2002 c 356 § 13.]
41.76.050
(2010 Ed.)
41.76.075
41.76.055 Commission to prevent unfair labor practices—Scope—Remedies. (1) The commission is empowered to prevent any person from engaging in any unfair labor
practice as defined in RCW 41.76.050: PROVIDED, That a
complaint shall not be processed for any unfair labor practice
occurring more than six months before the filing of the complaint with the commission. This power shall not be affected
by any other means of adjustment or prevention that has been
or may be established by agreement, law, equity or otherwise.
(2) If the commission determines that any person has
engaged in or is engaging in any such unfair labor practice as
defined in RCW 41.76.050, then the commission shall issue
and cause to be served upon such person an order requiring
such person to cease and desist from such unfair labor practice, and to take such affirmative action as will effectuate the
purposes and policy of this chapter, such as the payment of
damages and/or the reinstatement of faculty members.
(3) The commission may petition the superior court for
the county in which the main office of the employer is located
or wherein the person who has engaged or is engaging in such
unfair labor practice resides or transacts business, for the
enforcement of its order and for appropriate temporary relief.
[2002 c 356 § 14.]
41.76.055
41.76.060 Rule making. The commission is authorized
from time to time to make, amend, and rescind, in the manner
prescribed by the administrative procedure act, chapter 34.05
RCW, such rules and regulations as may be necessary to
carry out the provisions of this chapter. [2002 c 356 § 15.]
41.76.060
41.76.065 Strikes and lockouts prohibited—Violations—Remedies. The right of faculty to engage in any
strike is prohibited. The right of a board of regents or trustees
to engage in any lockout is prohibited. Should either a strike
or lockout occur, the representative of the faculty or board of
regents or trustees may invoke the jurisdiction of the superior
court in the county in which the labor dispute exists, and such
court has jurisdiction to issue an appropriate order against
either or both parties. In fashioning an order, the court shall
take into consideration not only the elements necessary for
injunctive relief but also the purpose and goals of this chapter
and any mitigating factors such as the commission of an
unfair labor practice by either party. [2002 c 356 § 16.]
41.76.065
41.76.070 Certain contracts or agreements—Chapter 34.05 RCW does not apply. Contracts or agreements, or
any provision thereof, entered into between boards of regents
or trustees and exclusive bargaining representatives pursuant
to this chapter are not affected by or subject to chapter 34.05
RCW. [2002 c 356 § 17.]
41.76.070
41.76.075 Retroactive accrual of benefits and salaries. Whenever a collective bargaining agreement between
an employer and an exclusive bargaining representative is
concluded after the termination date of the previous collective bargaining agreement between the same parties, the
effective date of the collective bargaining agreement may be
the day after the termination date of the previous collective
bargaining agreement, and all benefits included in the new
collective bargaining agreement, including wage or salary
41.76.075
[Title 41 RCW—page 365]
41.76.080
Title 41 RCW: Public Employment, Civil Service, and Pensions
increases, may accrue beginning with the effective date as
established by this section. [2002 c 356 § 19.]
41.76.080 Existing agreements not affected. Nothing
in this chapter shall be construed to annul, modify, or preclude the renewal or continuation of any lawful agreement
entered into before October 1, 2002, between an employer
and an employee organization covering wages, hours, and
terms and conditions of employment. [2002 c 356 § 20.]
41.76.080
41.76.085 Limitations on application of chapter.
Except as otherwise expressly provided in this chapter, this
chapter shall not be construed to deny or otherwise abridge
any rights, privileges, or benefits granted by law to employees. This chapter shall not be construed to interfere with the
responsibilities and rights of the board of regents or board of
trustees as specified by federal and state law. [2002 c 356 §
21.]
41.76.085
41.76.900 Severability—2002 c 356. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 356 § 18.]
41.76.900
41.76.901 Captions not law—2002 c 356. Section captions used in this act are not any part of the law. [2002 c 356
§ 22.]
41.76.901
41.76.902 Effective date—2002 c 356. This act takes
effect October 1, 2002. [2002 c 356 § 23.]
41.76.902
Chapter 41.80
Chapter 41.80 RCW
STATE COLLECTIVE BARGAINING
Sections
41.80.001
41.80.002
41.80.005
41.80.010
41.80.020
41.80.030
41.80.040
41.80.050
41.80.060
41.80.070
41.80.080
41.80.090
41.80.100
41.80.110
41.80.120
41.80.130
41.80.140
41.80.900
41.80.901
41.80.902
41.80.903
41.80.904
41.80.905
41.80.907
41.80.908
Application of chapter.
Reduction in state agency operating expenses—Application of
section 3, chapter 32, Laws of 2010 1st sp. sess.
Definitions.
Negotiation and ratification of collective bargaining agreements.
Scope of bargaining.
Contents of collective bargaining agreements—Execution.
Management rights—Not subject to bargaining.
Rights of employees.
Right to strike not granted.
Bargaining units—Certification.
Representation—Elections—Rules.
Failure to reach agreement—Third party involvement—Expiration of agreements during negotiation.
Union security—Fees and dues—Right of nonassociation.
Unfair labor practices enumerated.
Unfair labor practice procedures—Powers and duties of commission.
Enforcement of collective bargaining agreements—Arbitrators—Subpoenas—Superior court.
Office of financial management’s labor relations service
account—Created.
Powers, duties, and functions pertaining to collective bargaining—Transferred to public employment relations commission—Exceptions.
Transfer of assets—Appropriations.
Schedule for transfer of employees and property.
Pending business to be continued and acted upon.
Validity of actions not affected.
Apportionment of funds.
Short title—2002 c 354.
Headings, captions not law—2002 c 354.
[Title 41 RCW—page 366]
41.80.909
41.80.910
Severability—2002 c 354.
Effective dates—2002 c 354.
41.80.001
41.80.001 Application of chapter. Collective bargaining negotiations under this chapter shall commence no later
than July 1, 2004. A collective bargaining agreement entered
into under this chapter shall not be effective prior to July 1,
2005. However, any collective bargaining agreement entered
into before July 1, 2004, covering employees affected by this
section and RCW 41.80.010 through 41.80.130, that expires
after July 1, 2004, shall, unless a superseding agreement
complying with this section and RCW 41.80.010 through
41.80.130 is negotiated by the parties, remain in full force
during its duration, but the agreement may not be renewed or
extended beyond July 1, 2005, or until superseded by a collective bargaining agreement entered into under this section
and RCW 41.80.010 through 41.80.130, whichever is later.
The duration of any collective bargaining agreement under
this chapter shall not exceed one fiscal biennium. [2002 c
354 § 301.]
41.80.002
41.80.002 Reduction in state agency operating
expenses—Application of section 3, chapter 32, Laws of
2010 1st sp. sess. (Expires June 30, 2011.) (1) To the extent
that the implementation of section 3, chapter 32, Laws of
2010 1st sp. sess. is subject to collective bargaining:
(a) For institutions of higher education that have elected
to have negotiations conducted by the governor or governor’s
designee in accordance with RCW 41.80.010(4), and that
have an approved compensation reduction plan under section
3(1), chapter 32, Laws of 2010 1st sp. sess., negotiations
regarding impacts of the compensation reduction plan shall
be conducted between the governor or governor’s designee
and a coalition at each college, college district, or university
of all of the exclusive bargaining representatives subject to
chapter 41.80 RCW;
(b) For institutions of higher education that have elected
to have negotiations conducted by the governor or governor’s
designee in accordance with RCW 41.80.010(4), and that do
not have an approved compensation reduction plan under
section 3(1), chapter 32, Laws of 2010 1st sp. sess., negotiations regarding impacts of the temporary layoffs under section 3(2), chapter 32, Laws of 2010 1st sp. sess. shall be conducted between the governor or governor’s designee and one
coalition of all of the exclusive bargaining representatives
subject to chapter 41.80 RCW;
(c) For institutions of higher education that have not
elected to have negotiations conducted by the governor or
governor’s designee under RCW 41.80.010(4), negotiations
regarding impacts of section 3, chapter 32, Laws of 2010 1st
sp. sess. shall be conducted between each institution of
higher education and the exclusive bargaining representatives;
(d) For agencies that have an approved compensation
reduction plan under section 3(1), chapter 32, Laws of 2010
1st sp. sess., negotiations regarding impacts of the compensation reduction plan shall be conducted between the governor
or governor’s designee and a coalition at each agency of all of
the exclusive bargaining representatives subject to chapter
41.80 RCW; and
(2010 Ed.)
State Collective Bargaining
(e) For agencies that do not have an approved compensation reduction plan under section 3(1), chapter 32, Laws of
2010 1st sp. sess., negotiations regarding impacts of the temporary layoffs under section 3(2), chapter 32, Laws of 2010
1st sp. sess. shall be conducted between the governor or governor’s designee and the exclusive bargaining representatives
subject to chapter 41.80 RCW.
(2) This section expires June 30, 2011. [2010 1st sp.s. c
32 § 4.]
41.80.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means any agency as defined in RCW
41.06.020 and covered by chapter 41.06 RCW.
(2) "Collective bargaining" means the performance of
the mutual obligation of the representatives of the employer
and the exclusive bargaining representative to meet at reasonable times and to bargain in good faith in an effort to reach
agreement with respect to the subjects of bargaining specified
under RCW 41.80.020. The obligation to bargain does not
compel either party to agree to a proposal or to make a concession, except as otherwise provided in this chapter.
(3) "Commission" means the public employment relations commission.
(4) "Confidential employee" means an employee who, in
the regular course of his or her duties, assists in a confidential
capacity persons who formulate, determine, and effectuate
management policies with regard to labor relations or who, in
the regular course of his or her duties, has authorized access
to information relating to the effectuation or review of the
employer’s collective bargaining policies, or who assists or
aids a manager. "Confidential employee" also includes
employees who assist assistant attorneys general who advise
and represent managers or confidential employees in personnel or labor relations matters, or who advise or represent the
state in tort actions.
(5) "Director" means the director of the public employment relations commission.
(6) "Employee" means any employee, including employees whose work has ceased in connection with the pursuit of
lawful activities protected by this chapter, covered by chapter
41.06 RCW, except:
(a) Employees covered for collective bargaining by
chapter 41.56 RCW;
(b) Confidential employees;
(c) Members of the Washington management service;
(d) Internal auditors in any agency; or
(e) Any employee of the commission, the office of financial management, or the department of personnel.
(7) "Employee organization" means any organization,
union, or association in which employees participate and that
exists for the purpose, in whole or in part, of collective bargaining with employers.
(8) "Employer" means the state of Washington.
(9) "Exclusive bargaining representative" means any
employee organization that has been certified under this
chapter as the representative of the employees in an appropriate bargaining unit.
(10) "Institutions of higher education" means the University of Washington, Washington State University, Central
41.80.005
(2010 Ed.)
41.80.010
Washington University, Eastern Washington University,
Western Washington University, The Evergreen State College, and the various state community colleges.
(11) "Labor dispute" means any controversy concerning
terms, tenure, or conditions of employment, or concerning
the association or representation of persons in negotiating,
fixing, maintaining, changing, or seeking to arrange terms or
conditions of employment with respect to the subjects of bargaining provided in this chapter, regardless of whether the
disputants stand in the proximate relation of employer and
employee.
(12) "Manager" means "manager" as defined in RCW
41.06.022.
(13) "Supervisor" means an employee who has authority,
in the interest of the employer, to hire, transfer, suspend, lay
off, recall, promote, discharge, direct, reward, or discipline
employees, or to adjust employee grievances, or effectively
to recommend such action, if the exercise of the authority is
not of a merely routine nature but requires the consistent
exercise of individual judgment. However, no employee who
is a member of the Washington management service may be
included in a collective bargaining unit established under this
section.
(14) "Unfair labor practice" means any unfair labor practice listed in RCW 41.80.110. [2002 c 354 § 321.]
41.80.010 Negotiation and ratification of collective
bargaining agreements. (1) For the purpose of negotiating
collective bargaining agreements under this chapter, the
employer shall be represented by the governor or governor’s
designee, except as provided for institutions of higher education in subsection (4) of this section.
(2)(a) If an exclusive bargaining representative represents more than one bargaining unit, the exclusive bargaining
representative shall negotiate with each employer representative as designated in subsection (1) of this section one master
collective bargaining agreement on behalf of all the employees in bargaining units that the exclusive bargaining representative represents. For those exclusive bargaining representatives who represent fewer than a total of five hundred
employees each, negotiation shall be by a coalition of all
those exclusive bargaining representatives. The coalition
shall bargain for a master collective bargaining agreement
covering all of the employees represented by the coalition.
The governor’s designee and the exclusive bargaining representative or representatives are authorized to enter into supplemental bargaining of agency-specific issues for inclusion
in or as an addendum to the master collective bargaining
agreement, subject to the parties’ agreement regarding the
issues and procedures for supplemental bargaining. This section does not prohibit cooperation and coordination of bargaining between two or more exclusive bargaining representatives.
(b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education, except when the institution of
higher education has elected to exercise its option under subsection (4) of this section to have its negotiations conducted
by the governor or governor’s designee under the procedures
provided for general government agencies in subsections (1)
through (3) of this section.
41.80.010
[Title 41 RCW—page 367]
41.80.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
(c) If five hundred or more employees of an independent
state elected official listed in RCW 43.01.010 are organized
in a bargaining unit or bargaining units under RCW
41.80.070, the official shall be consulted by the governor or
the governor’s designee before any agreement is reached
under (a) of this subsection concerning supplemental bargaining of agency specific issues affecting the employees in
such bargaining unit.
(3) The governor shall submit a request for funds necessary to implement the compensation and fringe benefit provisions in the master collective bargaining agreement or for
legislation necessary to implement the agreement. Requests
for funds necessary to implement the provisions of bargaining agreements shall not be submitted to the legislature by the
governor unless such requests:
(a) Have been submitted to the director of the office of
financial management by October 1 prior to the legislative
session at which the requests are to be considered; and
(b) Have been certified by the director of the office of
financial management as being feasible financially for the
state.
The legislature shall approve or reject the submission of
the request for funds as a whole. The legislature shall not
consider a request for funds to implement a collective bargaining agreement unless the request is transmitted to the legislature as part of the governor’s budget document submitted
under RCW 43.88.030 and 43.88.060. If the legislature
rejects or fails to act on the submission, either party may
reopen all or part of the agreement or the exclusive bargaining representative may seek to implement the procedures provided for in RCW 41.80.090.
(4)(a)(i) For the purpose of negotiating agreements for
institutions of higher education, the employer shall be the
respective governing board of each of the universities, colleges, or community colleges or a designee chosen by the
board to negotiate on its behalf.
(ii) A governing board of a university or college may
elect to have its negotiations conducted by the governor or
governor’s designee under the procedures provided for general government agencies in subsections (1) through (3) of
this section, except that:
(A) The governor or the governor’s designee and an
exclusive bargaining representative shall negotiate one master collective bargaining agreement for all of the bargaining
units of employees of a university or college that the representative represents; or
(B) If the parties mutually agree, the governor or the
governor’s designee and an exclusive bargaining representative shall negotiate one master collective bargaining agreement for all of the bargaining units of employees of more
than one university or college that the representative represents.
(iii) A governing board of a community college may
elect to have its negotiations conducted by the governor or
governor’s designee under the procedures provided for general government agencies in subsections (1) through (3) of
this section.
(b) Prior to entering into negotiations under this chapter,
the institutions of higher education or their designees shall
consult with the director of the office of financial manage[Title 41 RCW—page 368]
ment regarding financial and budgetary issues that are likely
to arise in the impending negotiations.
(c)(i) If appropriations are necessary to implement the
compensation and fringe benefit provisions of the bargaining
agreements reached between institutions of higher education
and exclusive bargaining representatives agreed to under the
provisions of this chapter, the governor shall submit a request
for such funds to the legislature according to the provisions of
subsection (3) of this section, except as provided in (c)(ii) of
this subsection.
(ii) In the case of a bargaining unit of employees of institutions of higher education in which the exclusive bargaining
representative is certified during or after the conclusion of a
legislative session, the legislature may act upon the compensation and fringe benefit provisions of the unit’s initial collective bargaining agreement if those provisions are agreed
upon and submitted to the office of financial management
and legislative budget committees before final legislative
action on the biennial or supplemental operating budget by
the sitting legislature.
(5) There is hereby created a joint committee on employment relations, which consists of two members with leadership positions in the house of representatives, representing
each of the two largest caucuses; the chair and ranking minority member of the house appropriations committee, or its successor, representing each of the two largest caucuses; two
members with leadership positions in the senate, representing
each of the two largest caucuses; and the chair and ranking
minority member of the senate ways and means committee,
or its successor, representing each of the two largest caucuses. The governor shall periodically consult with the committee regarding appropriations necessary to implement the
compensation and fringe benefit provisions in the master collective bargaining agreements, and upon completion of negotiations, advise the committee on the elements of the agreements and on any legislation necessary to implement the
agreements.
(6) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by
resolution of the legislature, both parties shall immediately
enter into collective bargaining for a mutually agreed upon
modification of the agreement.
(7) After the expiration date of a collective bargaining
agreement negotiated under this chapter, all of the terms and
conditions specified in the collective bargaining agreement
remain in effect until the effective date of a subsequently
negotiated agreement, not to exceed one year from the expiration date stated in the agreement. Thereafter, the employer
may unilaterally implement according to law. [2010 c 104 §
1; 2002 c 354 § 302.]
41.80.020 Scope of bargaining. (1) Except as otherwise provided in this chapter, the matters subject to bargaining include wages, hours, and other terms and conditions of
employment, and the negotiation of any question arising
under a collective bargaining agreement.
(2) The employer is not required to bargain over matters
pertaining to:
41.80.020
(2010 Ed.)
State Collective Bargaining
(a) Health care benefits or other employee insurance
benefits, except as required in subsection (3) of this section;
(b) Any retirement system or retirement benefit; or
(c) Rules of the director of personnel or the Washington
personnel resources board adopted under section 203, chapter
354, Laws of 2002.
(3) Matters subject to bargaining include the number of
names to be certified for vacancies, promotional preferences,
and the dollar amount expended on behalf of each employee
for health care benefits. However, except as provided otherwise in this subsection for institutions of higher education,
negotiations regarding the number of names to be certified
for vacancies, promotional preferences, and the dollar
amount expended on behalf of each employee for health care
benefits shall be conducted between the employer and one
coalition of all the exclusive bargaining representatives subject to this chapter. The exclusive bargaining representatives
for employees that are subject to chapter 47.64 RCW shall
bargain the dollar amount expended on behalf of each
employee for health care benefits with the employer as part of
the coalition under this subsection. Any such provision
agreed to by the employer and the coalition shall be included
in all master collective bargaining agreements negotiated by
the parties. For institutions of higher education, promotional
preferences and the number of names to be certified for
vacancies shall be bargained under the provisions of RCW
41.80.010(4).
(4) The employer and the exclusive bargaining representative shall not agree to any proposal that would prevent the
implementation of approved affirmative action plans or that
would be inconsistent with the comparable worth agreement
that provided the basis for the salary changes implemented
beginning with the 1983-1985 biennium to achieve comparable worth.
(5) The employer and the exclusive bargaining representative shall not bargain over matters pertaining to management rights established in RCW 41.80.040.
(6) Except as otherwise provided in this chapter, if a conflict exists between an executive order, administrative rule, or
agency policy relating to wages, hours, and terms and conditions of employment and a collective bargaining agreement
negotiated under this chapter, the collective bargaining
agreement shall prevail. A provision of a collective bargaining agreement that conflicts with the terms of a statute is
invalid and unenforceable.
(7) This section does not prohibit bargaining that affects
contracts authorized by RCW 41.06.142. [2010 c 283 § 16;
2002 c 354 § 303.]
41.80.050
agreement and that is valid and enforceable under its terms
when entered into in accordance with this chapter; and
(b) Require processing of disciplinary actions or terminations of employment of employees covered by the collective bargaining agreement entirely under the procedures of
the collective bargaining agreement. Any employee, when
fully reinstated, shall be guaranteed all employee rights and
benefits, including back pay, sick leave, vacation accrual, and
retirement and federal old age, survivors, and disability insurance act credits, but without back pay for any period of suspension.
(3)(a) If a collective bargaining agreement between an
employer and an exclusive bargaining representative is concluded after the termination date of the previous collective
bargaining agreement between the employer and an
employee organization representing the same bargaining
units, the effective date of the collective bargaining agreement may be the day after the termination of the previous collective bargaining agreement, and all benefits included in the
new collective bargaining agreement, including wage or salary increases, may accrue beginning with that effective date.
(b) If a collective bargaining agreement between an
employer and an exclusive bargaining representative is concluded after the termination date of the previous collective
bargaining agreement between the employer and the exclusive bargaining representative representing different bargaining units, the effective date of the collective bargaining
agreement may be the day after the termination date of
whichever previous collective bargaining agreement covering one or more of the units terminated first, and all benefits
included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with that
effective date. [2002 c 354 § 304.]
Findings—Intent—Effective date—Management review of ferries
division—Assaults on Washington state ferries employees—2010 c 283:
See notes following RCW 47.60.355.
41.80.040 Management rights—Not subject to bargaining. The employer shall not bargain over rights of management which, in addition to all powers, duties, and rights
established by constitutional provision or statute, shall
include but not be limited to the following:
(1) The functions and programs of the employer, the use
of technology, and the structure of the organization;
(2) The employer’s budget and the size of the agency
workforce, including determining the financial basis for layoffs;
(3) The right to direct and supervise employees;
(4) The right to take whatever actions are deemed necessary to carry out the mission of the state and its agencies during emergencies; and
(5) Retirement plans and retirement benefits. [2002 c
354 § 305.]
41.80.030 Contents of collective bargaining agreements—Execution. (1) The parties to a collective bargaining agreement shall reduce the agreement to writing and both
shall execute it.
(2) A collective bargaining agreement shall contain provisions that:
(a) Provide for a grievance procedure that culminates
with final and binding arbitration of all disputes arising over
the interpretation or application of the collective bargaining
41.80.050 Rights of employees. Except as may be specifically limited by this chapter, employees shall have the
right to self-organization, to form, join, or assist employee
organizations, and to bargain collectively through representatives of their own choosing for the purpose of collective bargaining free from interference, restraint, or coercion.
Employees shall also have the right to refrain from any or all
such activities except to the extent that they may be required
to pay a fee to an exclusive bargaining representative under a
41.80.030
(2010 Ed.)
41.80.040
41.80.050
[Title 41 RCW—page 369]
41.80.060
Title 41 RCW: Public Employment, Civil Service, and Pensions
union security provision authorized by this chapter. [2002 c
354 § 306.]
41.80.060 Right to strike not granted. Nothing contained in chapter 354, Laws of 2002 permits or grants to any
employee the right to strike or refuse to perform his or her
official duties. [2002 c 354 § 307.]
41.80.060
41.80.070 Bargaining units—Certification. (1) A bargaining unit of employees covered by this chapter existing on
June 13, 2002, shall be considered an appropriate unit, unless
the unit does not meet the requirements of (a) and (b) of this
subsection. The commission, after hearing upon reasonable
notice to all interested parties, shall decide, in each application for certification as an exclusive bargaining representative, the unit appropriate for certification. In determining the
new units or modifications of existing units, the commission
shall consider: The duties, skills, and working conditions of
the employees; the history of collective bargaining; the extent
of organization among the employees; the desires of the
employees; and the avoidance of excessive fragmentation.
However, a unit is not appropriate if it includes:
(a) Both supervisors and nonsupervisory employees. A
unit that includes only supervisors may be considered appropriate if a majority of the supervisory employees indicates by
vote that they desire to be included in such a unit; or
(b) More than one institution of higher education. For the
purposes of this section, any branch or regional campus of an
institution of higher education is part of that institution of
higher education.
(2) The exclusive bargaining representatives certified to
represent the bargaining units existing on June 13, 2002, shall
continue as the exclusive bargaining representative without
the necessity of an election.
(3) If a single employee organization is the exclusive
bargaining representative for two or more units, upon petition
by the employee organization, the units may be consolidated
into a single larger unit if the commission considers the larger
unit to be appropriate. If consolidation is appropriate, the
commission shall certify the employee organization as the
exclusive bargaining representative of the new unit. [2002 c
354 § 308.]
41.80.070
41.80.080 Representation—Elections—Rules. (1)
The commission shall determine all questions pertaining to
representation and shall administer all elections and be
responsible for the processing and adjudication of all disputes
that arise as a consequence of elections. The commission
shall adopt rules that provide for at least the following:
(a) Secret balloting;
(b) Consulting with employee organizations;
(c) Access to lists of employees, job classification, work
locations, and home mailing addresses;
(d) Absentee voting;
(e) Procedures for the greatest possible participation in
voting;
(f) Campaigning on the employer’s property during
working hours; and
(g) Election observers.
41.80.080
[Title 41 RCW—page 370]
(2)(a) If an employee organization has been certified as
the exclusive bargaining representative of the employees of a
bargaining unit, the employee organization may act for and
negotiate master collective bargaining agreements that will
include within the coverage of the agreement all employees
in the bargaining unit as provided in RCW 41.80.010(2)(a).
However, if a master collective bargaining agreement is in
effect for the exclusive bargaining representative, it shall
apply to the bargaining unit for which the certification has
been issued. Nothing in this section requires the parties to
engage in new negotiations during the term of that agreement.
(b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education.
(3) The certified exclusive bargaining representative
shall be responsible for representing the interests of all the
employees in the bargaining unit. This section shall not be
construed to limit an exclusive representative’s right to exercise its discretion to refuse to process grievances of employees that are unmeritorious.
(4) No question concerning representation may be raised
if:
(a) Fewer than twelve months have elapsed since the last
certification or election; or
(b) A valid collective bargaining agreement exists covering the unit, except for that period of no more than one hundred twenty calendar days nor less than ninety calendar days
before the expiration of the contract. [2002 c 354 § 309.]
41.80.090 Failure to reach agreement—Third party
involvement—Expiration of agreements during negotiation. Should the parties fail to reach agreement in negotiating a collective bargaining agreement, either party may
request of the commission the assistance of an impartial third
party to mediate the negotiations.
If a collective bargaining agreement previously negotiated under this chapter should expire while negotiations are
underway, the terms and conditions specified in the collective
bargaining agreement shall remain in effect for a period not
to exceed one year from the expiration date stated in the
agreement. Thereafter, the employer may unilaterally implement according to law.
If resolution is not reached through mediation by one
hundred days beyond the expiration date of a contract previously negotiated under this chapter, or one hundred days
from the initiation of mediated negotiations if no such contract exists, an independent fact finder shall be appointed by
the commission.
The fact finder shall meet with the parties or their representatives, or both, and make inquiries and investigations,
hold hearings, and take such other steps as may be appropriate. If the dispute is not settled, the fact finder shall make
findings of fact and recommend terms of settlement within
thirty days.
Such recommendations, together with the findings of
fact, shall be submitted in writing to the parties and the commission privately before they are made public. The commission, the fact finder, the employer, or the exclusive bargaining representative may make such findings and recommenda41.80.090
(2010 Ed.)
State Collective Bargaining
tions public if the dispute is not settled within ten working
days after their receipt from the fact finder.
Nothing in this section shall be construed to prohibit an
employer and an exclusive bargaining representative from
agreeing to substitute, at their own expense, their own procedure for resolving impasses in collective bargaining for that
provided in this section or from agreeing to utilize for the
purposes of this section any other governmental or other
agency or person in lieu of the commission.
Costs for mediator services shall be borne by the commission, and costs for fact-finding shall be borne equally by
the negotiating parties. [2002 c 354 § 310.]
41.80.100 Union security—Fees and dues—Right of
nonassociation. (1) A collective bargaining agreement may
contain a union security provision requiring as a condition of
employment the payment, no later than the thirtieth day following the beginning of employment or July 1, 2004, whichever is later, of an agency shop fee to the employee organization that is the exclusive bargaining representative for the
bargaining unit in which the employee is employed. The
amount of the fee shall be equal to the amount required to
become a member in good standing of the employee organization. Each employee organization shall establish a procedure by which any employee so requesting may pay a representation fee no greater than the part of the membership fee
that represents a pro rata share of expenditures for purposes
germane to the collective bargaining process, to contract
administration, or to pursuing matters affecting wages, hours,
and other conditions of employment.
(2) An employee who is covered by a union security provision and who asserts a right of nonassociation based on
bona fide religious tenets, or teachings of a church or religious body of which the employee is a member, shall, as a
condition of employment, make payments to the employee
organization, for purposes within the program of the
employee organization as designated by the employee that
would be in harmony with his or her individual conscience.
The amount of the payments shall be equal to the periodic
dues and fees uniformly required as a condition of acquiring
or retaining membership in the employee organization minus
any included monthly premiums for insurance programs
sponsored by the employee organization. The employee shall
not be a member of the employee organization but is entitled
to all the representation rights of a member of the employee
organization.
(3) Upon filing with the employer the written authorization of a bargaining unit employee under this chapter, the
employee organization that is the exclusive bargaining representative of the bargaining unit shall have the exclusive right
to have deducted from the salary of the employee an amount
equal to the fees and dues uniformly required as a condition
of acquiring or retaining membership in the employee organization. The fees and dues shall be deducted each pay period
from the pay of all employees who have given authorization
for the deduction and shall be transmitted by the employer as
provided for by agreement between the employer and the
employee organization.
(4) Employee organizations that before July 1, 2004,
were entitled to the benefits of this section shall continue to
be entitled to these benefits. [2002 c 354 § 311.]
41.80.100
(2010 Ed.)
41.80.120
41.80.110 Unfair labor practices enumerated. (1) It is
an unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules adopted by the commission, an employer shall not be
prohibited from permitting employees to confer with it or its
representatives or agents during working hours without loss
of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment, or any term or condition of employment;
(d) To discharge or discriminate otherwise against an
employee because that employee has filed charges or given
testimony under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It is an unfair labor practice for an employee organization:
(a) To restrain or coerce an employee in the exercise of
the rights guaranteed by this chapter: PROVIDED, That this
subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization
or to an employer in the selection of its representatives for the
purpose of bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of
this section;
(c) To discriminate against an employee because that
employee has filed charges or given testimony under this
chapter;
(d) To refuse to bargain collectively with an employer.
(3) The expressing of any views, arguments, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such
expression contains no threat of reprisal or force or promise
of benefit. [2002 c 354 § 312.]
41.80.110
41.80.120 Unfair labor practice procedures—Powers
and duties of commission. (1) The commission is empowered and directed to prevent any unfair labor practice and to
issue appropriate remedial orders: PROVIDED, That a complaint shall not be processed for any unfair labor practice
occurring more than six months before the filing of the complaint with the commission. This power shall not be affected
or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be
established by law.
(2) If the commission determines that any person has
engaged in or is engaging in an unfair labor practice, the commission shall issue and cause to be served upon the person an
order requiring the person to cease and desist from such
unfair labor practice, and to take such affirmative action as
will effectuate the purposes and policy of this chapter, such
as the payment of damages and the reinstatement of employees.
41.80.120
[Title 41 RCW—page 371]
41.80.130
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) The commission may petition the superior court for
the county in which the main office of the employer is located
or in which the person who has engaged or is engaging in
such unfair labor practice resides or transacts business, for
the enforcement of its order and for appropriate temporary
relief. [2002 c 354 § 313.]
lective bargaining agreement, the other party to the collective
bargaining agreement may invoke the jurisdiction of the
superior court of Thurston county or of any county in which
the labor dispute exists and such court shall have jurisdiction
to issue an order enforcing the arbitration award. [2002 c 354
§ 314.]
41.80.130 Enforcement of collective bargaining
agreements—Arbitrators—Subpoenas—Superior court.
(1) For the purposes of implementing final and binding arbitration under grievance procedures required by RCW
41.80.030, the parties to a collective bargaining agreement
may agree on one or more permanent umpires to serve as
arbitrator, or may agree on any impartial person to serve as
arbitrator, or may agree to select arbitrators from any source
available to them, including federal and private agencies, in
addition to the staff and list of arbitrators maintained by the
commission. If the parties cannot agree to the selection of an
arbitrator, the commission shall supply a list of names in
accordance with the procedures established by the commission.
(2) An arbitrator may require any person to attend as a
witness and to bring with him or her any book, record, document, or other evidence. The fees for such attendance shall be
paid by the party requesting issuance of the subpoena and
shall be the same as the fees of witnesses in the superior
court. Arbitrators may administer oaths. Subpoenas shall
issue and be signed by the arbitrator and shall be served in the
same manner as subpoenas to testify before a court of record
in this state. If any person so summoned to testify refuses or
neglects to obey such subpoena, upon petition authorized by
the arbitrator, the superior court may compel the attendance
of the person before the arbitrator or punish the person for
contempt in the same manner provided for the attendance of
witnesses or the punishment of them in the courts of this
state.
(3) The arbitrator shall appoint a time and place for the
hearing and notify the parties thereof, and may adjourn the
hearing from time to time as may be necessary, and, on application of either party and for good cause, may postpone the
hearing to a time not extending beyond the date fixed by the
collective bargaining agreement for making the award. The
arbitration award shall be in writing and signed by the arbitrator. The arbitrator shall, promptly upon its rendition, serve a
true copy of the award on each of the parties or their attorneys
of record.
(4) If a party to a collective bargaining agreement negotiated under this chapter refuses to submit a grievance for
arbitration, the other party to the collective bargaining agreement may invoke the jurisdiction of the superior court of
Thurston county or of any county in which the labor dispute
exists and such court shall have jurisdiction to issue an order
compelling arbitration. Disputes concerning compliance with
grievance procedures shall be reserved for determination by
the arbitrator. Arbitration shall be ordered if the grievance
states a claim that on its face is covered by the collective bargaining agreement. Doubts as to the coverage of the arbitration clause shall be resolved in favor of arbitration.
(5) If a party to a collective bargaining agreement negotiated under this chapter refuses to comply with the award of
an arbitrator determining a grievance arising under the col-
41.80.140 Office of financial management’s labor
relations service account—Created. (1) The office of
financial management’s labor relations service account is
created in the custody of the state treasurer to be used as a
revolving fund for the payment of labor relations services
required for the negotiation of the collective bargaining
agreements entered into under this chapter. An amount not to
exceed one-tenth of one percent of the approved allotments of
salaries and wages for all bargaining unit positions in the
classified service in each of the agencies subject to this chapter, except the institutions of higher education, shall be
charged to the operations appropriations of each agency and
credited to the office of financial management’s labor relations service account as the allotments are approved pursuant
to chapter 43.88 RCW. Subject to the above limitations, the
amount shall be charged against the allotments pro rata, at a
rate to be fixed by the director of financial management from
time to time. Payment for services rendered under this chapter shall be made on a quarterly basis to the state treasurer and
deposited into the office of financial management’s labor
relations service account.
(2) Moneys from the office of financial management’s
labor relations service account shall be disbursed by the state
treasurer by warrants on vouchers authorized by the director
of financial management or the director’s designee. An
appropriation is not required. [2002 c 354 § 322.]
41.80.130
[Title 41 RCW—page 372]
41.80.140
41.80.900 Powers, duties, and functions pertaining to
collective bargaining—Transferred to public employment relations commission—Exceptions. All powers,
duties, and functions of the department of personnel pertaining to collective bargaining are transferred to the public
employment relations commission except mediation of grievances and contracts, arbitration of grievances and contracts,
and unfair labor practices, filed under a collective bargaining
agreement existing before July 1, 2004. Any mediation, arbitration, or unfair labor practice issue filed between July 1,
2004, and July 1, 2005, under a collective bargaining agreement existing before July 1, 2004, shall be resolved by the
Washington personnel resources board in accordance with
the authorities, rules, and procedures that were established
under RCW 41.06.150(11) as it existed before July 1, 2004.
[2002 c 354 § 315.]
41.80.900
41.80.901 Transfer of assets—Appropriations. All
reports, documents, surveys, books, records, files, papers, or
written material in the possession of the department of personnel pertaining to the powers, functions, and duties transferred in RCW 41.80.900 shall be delivered to the custody of
the public employment relations commission. All cabinets,
furniture, office equipment, motor vehicles, and other tangible property employed by the department of personnel in carrying out the powers, functions, and duties transferred in
41.80.901
(2010 Ed.)
State Collective Bargaining
RCW 41.80.900 shall be made available to the public
employment relations commission. All funds, credits, leases,
and other assets held in connection with the powers, functions, and duties transferred in RCW 41.80.900 shall be
assigned to the public employment relations commission.
Any appropriations made to the department of personnel
for carrying out the powers, functions, and duties transferred
in RCW 41.80.900 shall be deleted at the time that such powers, functions, and duties are transferred to the public
employment relations commission. All funding required to
perform these transferred powers, functions, and duties is to
be provided by the public employment relations commission
once the transfers occur.
Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and
functions transferred, the director of financial management
shall make a determination as to the proper allocation and
certify the same to the state agencies concerned. [2002 c 354
§ 316.]
41.80.902 Schedule for transfer of employees and
property. After June 13, 2002, the director of personnel and
the executive director of the public employment relations
commission shall meet and agree upon a schedule for the
transfer of department of personnel labor relation employees
and property to the commission. Whenever a question arises
as to the transfer of any personnel, funds, books, documents,
records, papers, files, equipment, or other tangible property
used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of
financial management shall make a determination as to the
proper allocation and certify the same to the state agencies
concerned. [2002 c 354 § 317.]
41.80.902
41.80.910
41.80.907 Short title—2002 c 354. This act may be
known and cited as the personnel system reform act of 2002.
[2002 c 354 § 101.]
41.80.907
41.80.908 Headings, captions not law—2002 c 354.
Part headings and section captions used in this act do not constitute part of the law. [2002 c 354 § 405.]
41.80.908
41.80.909 Severability—2002 c 354. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 354 § 410.]
41.80.909
41.80.910 Effective dates—2002 c 354. (1) Sections
203, 204, 213 through 223, 227, 229 through 231, 241, 243,
246, 248, 301 through 307, 309 through 316, 318, 319, and
402 of this act take effect July 1, 2004.
(2) Section 224 of this act takes effect March 15, 2005.
(3) Sections 208, 234 through 238, and 403 of this act
take effect July 1, 2005.
(4) Sections 225, 226, 233, and 404 of this act take effect
July 1, 2006. [2002 c 354 § 411.]
41.80.910
41.80.903 Pending business to be continued and
acted upon. All business pending before the department of
personnel pertaining to the powers, functions, and duties
transferred in RCW 41.80.900 shall be continued and acted
upon by the public employment relations commission. All
existing contracts and obligations of the department of personnel, pertaining to collective bargaining, shall remain in
full force and shall be performed by the public employment
relations commission. [2002 c 354 § 318.]
41.80.903
41.80.904 Validity of actions not affected. The transfer of the powers, duties, functions, and personnel of the
department of personnel shall not affect the validity of any
act performed before July 1, 2004. [2002 c 354 § 319.]
41.80.904
41.80.905 Apportionment of funds. If apportionments
of budgeted funds are required because of the transfers
directed by RCW 41.80.901 through 41.80.904, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification. [2002 c 354 §
320.]
41.80.905
(2010 Ed.)
[Title 41 RCW—page 373]
Title 42
Chapters
42.04
42.08
42.12
42.14
42.16
42.17
42.17A
42.20
42.23
42.24
42.26
42.30
42.32
42.36
42.40
42.41
42.44
42.48
42.52
42.56
Title 42
PUBLIC OFFICERS AND AGENCIES
General provisions.
Official bonds.
Vacancies.
Continuity of government act.
Salaries and fees.
Disclosure—Campaign finances—Lobbying.
Campaign disclosure and contribution.
Misconduct of public officers.
Code of ethics for municipal officers—Contract interests.
Payment of claims for expenses, material, purchases—Advancements.
Agency vendor payment revolving fund—
Petty cash accounts.
Open Public Meetings Act.
Meetings.
Appearance of fairness doctrine—Limitations.
State employee whistleblower protection.
Local government whistleblower protection.
Notaries public.
Release of records for research.
Ethics in public service.
Public records act.
Cities, council-manager plan, qualifications of city manager: RCW
35.18.040.
Cities and towns, residence qualifications of officials and employees: RCW
35.21.200.
County hospital board of trustees, eligibility: RCW 36.62.140.
Court administrator: RCW 2.56.010.
Court commissioners, qualifications: RCW 2.24.010.
Dairy products commission, members, qualifications: RCW 15.44.030.
Electors, qualifications: State Constitution Art. 6 § 1 (Amendment 5).
Engineers and land surveyors’ board of registration, qualifications: RCW
18.43.030.
Fire protection district commissioners, qualifications: RCW 52.14.010.
Fish and wildlife commission members, qualifications: RCW 77.04.040.
Flood control districts, qualifications of governing board: RCW 85.38.070.
Fruit commission, qualifications of members: RCW 15.28.030.
Hardwoods commission, qualifications: RCW 15.74.010.
Honey bee commission, qualifications: RCW 15.62.060.
Horse racing commission, qualifications: RCW 67.16.012.
Judges of superior court, eligibility: State Constitution Art. 4 § 17.
Judges of supreme court, eligibility: State Constitution Art. 4 § 17.
Legislators, eligibility: State Constitution Art. 2 § 7; Art. 2 § 14.
Collection agencies retained to collect public debts—Fees: RCW 19.16.500.
County officers, general provisions: Chapter 36.16 RCW.
Credit card use by local governments: RCW 43.09.2855.
Elections: Title 29A RCW.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Military leave for public employees: RCW 38.40.060.
Public employment, civil service and pensions: Title 41 RCW.
State officers, general provisions: Chapter 43.01 RCW.
Mosquito control district board members, qualifications: RCW 17.28.120.
Chapter 42.04 RCW
GENERAL PROVISIONS
State officers, eligibility: State Constitution Art. 3 § 25 (Amendment 31).
Chapter 42.04
Sections
42.04.020
42.04.040
42.04.060
42.04.070
Eligibility to hold office.
Proceedings to impeach, etc., preserved.
Business hours—Posting on web site.
Compensation for unofficial services.
Municipal court judges, qualifications: RCW 35.20.170.
Prosecuting attorney, eligibility: RCW 36.27.010.
Public utility district commissioners, qualifications: RCW 54.12.010.
Religious qualification to hold public office or employment prohibited: State
Constitution Art. 1 § 11 (Amendment 4).
Residence for eligibility to public office: State Constitution Art. 6 § 4.
School directors, qualifications: RCW 28A.343.340.
School teachers, qualifications: RCW 28A.410.025, 28A.405.040.
State hospitals for individuals with mental illness, superintendents’ powers:
RCW 72.23.030.
State schools for blind and deaf, qualifications of superintendents: RCW
72.40.020.
Subversive activities as disqualification from holding public office: Chapter
9.81 RCW.
Superior court reporters, qualifications: RCW 2.32.180.
Towns, eligibility of officers: RCW 35.27.080.
Utilities and transportation commission, qualifications: RCW 80.01.020.
42.04.020 Eligibility to hold office. That no person
shall be competent to qualify for or hold any elective public
office within the state of Washington, or any county, district,
precinct, school district, municipal corporation or other district or political subdivision, unless he be a citizen of the
United States and state of Washington and an elector of such
county, district, precinct, school district, municipality or
other district or political subdivision. [1919 c 139 § 1; RRS
§ 9929. FORMER PART OF SECTION: Code 1881 § 3050
codified as RCW 42.04.021.]
42.04.020
Apple commission, qualifications of members: RCW 15.24.020.
Attorney general, qualifications: RCW 43.10.010.
(2010 Ed.)
Veterinary board members, qualifications: RCW 18.92.021.
Weed district director and electors, qualifications: RCW 17.04.070.
Wine commission, qualifications: RCW 15.88.030.
42.04.040 Proceedings to impeach, etc., preserved.
The omission to specify or affirm in *this act any ground of
forfeiture of a public office or other trust or special authority
conferred by law, or any power conferred by law to impeach,
remove, depose or suspend any public officer or other person
holding any trust, appointment or other special authority conferred by law, shall not affect such forfeiture or power, or any
proceeding authorized by law to carry into effect such
42.04.040
[Title 42 RCW—page 1]
42.04.060
Title 42 RCW: Public Officers and Agencies
impeachment, removal, deposition or suspension. [1909 c
249 § 45; RRS § 2297.]
*Reviser’s note: The term "this act" relates to the criminal code of
1909. For disposition of sections, see note following RCW 9.01.120.
Forfeiture of office for conviction of felony or malfeasance: RCW 9.92.120.
Impeachment and removal: State Constitution Art. 5.
Recall of elective officers: State Constitution Art. 1 § 33 (Amendment 8);
chapter 29A.56 RCW.
42.04.060 Business hours—Posting on web site.
Except as provided in section 3, chapter 32, Laws of 2010 1st
sp. sess., all state elective and appointive officers shall keep
their offices open for the transaction of business for a minimum of forty hours per week, except weeks that include state
legal holidays. Customary business hours must be posted on
the agency or office’s web site and made known by other
means designed to provide the public with notice. [2010 1st
sp.s. c 32 § 5; 2009 c 428 § 1; 1973 2nd ex.s. c 1 § 2; 1955
ex.s. c 9 § 3. Prior: 1951 c 100 §§ 3, 4; 1941 c 113 § 1; Rem.
Supp. 1941 § 9963-1.]
42.04.060
Intent—2010 1st sp.s. c 32: "The legislature declares that unprecedented revenue shortfalls necessitate immediate action to reduce expenditures during the 2009-2011 fiscal biennium. From April 27, 2010, it is the
intent of the legislature that state agencies of the legislative branch, judicial
branch, and executive branch including institutions of higher education, shall
achieve a reduction in government operating expenses as provided in this
act. It is the legislature’s intent that, to the extent that the reductions in
expenditures reduce compensation costs, agencies and institutions shall
strive to preserve family wage jobs by reducing the impact of temporary layoffs on lower-wage jobs." [2010 1st sp.s. c 32 § 1.]
Conflict with federal requirements—2010 1st sp.s. c 32: "If any part
of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not affect the
operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are
a necessary condition to the receipt of federal funds by the state." [2010 1st
sp.s. c 32 § 11.]
Effective date—2010 1st sp.s. c 32: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [April 27, 2010]." [2010 1st sp.s. c 32 § 13.]
Office hours of city, county, precinct: RCW 35.21.175, 36.16.100.
42.04.070 Compensation for unofficial services. That
the directors, trustees and commissioners of state institutions
in this state, serving as such without any compensation, shall
not be precluded by reason of holding such offices from
receiving compensation for services not official rendered
without being procured or brought about by use of such official position, or by reason thereof, but such officers shall be
allowed to receive such reasonable compensation for services
not official or connected with their respective offices as they
would otherwise be allowed were they not such officers.
[1891 c 109 § 1; RRS § 10966.]
42.08.020
42.08.030
42.08.040
42.08.050
Who may maintain action.
Leave of court required.
Judgment no bar to further action.
Recoveries limited to amount of bond.
OFFICIAL BONDS—1890 ACT
42.08.060
42.08.070
42.08.080
42.08.090
42.08.100
42.08.110
42.08.120
42.08.130
42.08.140
42.08.150
42.08.160
42.08.170
42.08.180
Form of official bonds.
Effect of bonds.
Who may bring action on bond.
Defective bonds validated.
Approval and filing.
Procedure when bond of county or township officer is insufficient.
Additional bond.
Remedy when bond of state officer becomes insufficient.
Force of additional bond.
Number of sureties.
Justification of sureties.
Liability of sureties.
Release of sureties.
Adjutant general, official bond: RCW 38.12.010.
Apple commission treasurer, bond required: RCW 15.24.150.
Attorney general, official bonds: RCW 43.10.010, 43.10.020.
Cities, code city retaining second class form, bond of officers: RCW
35.23.835.
Cities, commission form, bonds required: RCW 35.17.100.
Cities, council-manager plan, bond of manager: RCW 35.18.050.
Cities, second class, bond required: RCW 35.23.081.
Commissioner of public lands, official bonds: RCW 43.12.041.
County clerk, new bond may be required: RCW 36.23.020.
County commissioners, official bond: RCW 36.32.060.
County officers, official bonds: RCW 36.16.050.
County sheriff, additional bond: RCW 36.28.030.
Dairy products commission treasurer, bond required: RCW 15.44.050.
Flood control districts, official bonds: RCW 86.09.301, 86.09.304,
86.09.307.
Fruit commission treasurer, bond required: RCW 15.28.190.
Horse racing commission, official bonds: RCW 67.16.012.
Insurance commissioner, official bond: RCW 48.02.030.
Irrigation districts, official bonds: RCW 87.03.082.
Liquor control board, official bond: RCW 66.08.014.
Municipal court judge, bond required: RCW 35.20.180.
Public printer, official bond: RCW 43.78.020.
42.04.070
Chapter 42.08
Chapter 42.08 RCW
OFFICIAL BONDS
Sections
42.08.005
Official bonds—Payment of premiums.
OFFICIAL BONDS—CODE OF 1881
42.08.010
Scope of coverage.
[Title 42 RCW—page 2]
Reclamation district directors, official bonds: RCW 89.30.259.
Reclamation districts, bond of secretary: RCW 89.30.262.
Secretary of state, official bond: RCW 43.07.010.
State administrative officers, official bonds: RCW 43.17.100.
State auditor, official bond: RCW 43.09.010.
State treasurer, official bond: RCW 43.08.020.
Superior court reporters, bond required: RCW 2.32.180.
Suretyship: Chapters 19.72, 48.28 RCW.
Towns, bond of officers: RCW 35.27.120.
University of Washington, board of regents, secretary to give bond: RCW
28B.30.135.
Utilities and transportation commission, official bonds: RCW 80.01.020.
Washington State University, board of regents, bonds required: RCW
28B.30.100, 28B.30.130.
Weed district officers, bond required: RCW 17.04.070.
42.08.005 Official bonds—Payment of premiums.
See RCW 48.28.040.
42.08.005
(2010 Ed.)
Official Bonds
OFFICIAL BONDS—CODE OF 1881
42.08.100
OFFICIAL BONDS—1890 ACT
42.08.060 Form of official bonds. All official bonds
required by law of officers shall be in form, joint and several,
and made payable to the state of Washington, in such penal
sum and with such conditions as may be required by law.
[1890 p 34 § 1; RRS § 9930.]
42.08.060
42.08.010
42.08.010 Scope of coverage. The official bond of a
public officer, to the state, or to any county, city, town or
other municipal or public corporation of like character
therein, shall be deemed a security to the state, or to such
county, city, town or other municipal or public corporation,
as the case may be, and also to all persons severally, for the
official delinquencies against which it is intended to provide.
[Code 1881 § 652; 1877 p 135 § 655; 1869 p 152 § 592; RRS
§ 958.]
Bonds payable to state: RCW 42.08.060.
42.08.020
42.08.020 Who may maintain action. When a public
officer by official misconduct or neglect of duty, shall forfeit
his official bond or render his sureties therein liable upon
such bond, any person injured by such misconduct or neglect,
or who is by law entitled to the benefit of the security, may
maintain an action at law thereon in his own name against the
officer and his sureties to recover the amount to which he
may by reason thereof be entitled. [Code 1881 § 653; 1877 p
135 § 656; 1869 p 152 § 593; RRS § 959.]
Bonds deemed security to state, county, city, town, etc.: RCW 42.08.010.
County commissioner bond is payable to county: RCW 36.32.060.
42.08.070 Effect of bonds. Every official bond executed by any officer pursuant to law shall be deemed and
taken to be in force, and shall be obligatory upon the principal
and sureties therein for any and all breach of the condition or
conditions thereof committed during the time such officer
shall continue to discharge any of the duties of, or hold such
office, and every such bond shall be deemed to be in force
and obligatory upon the principal and sureties therein for the
faithful discharge of all duties which may be required of such
officer by any law enacted subsequent to the execution of
such bond, and such condition shall be expressed therein.
[1890 p 34 § 2; RRS § 9931.]
42.08.070
42.08.080 Who may bring action on bond. Every official bond executed by any officer pursuant to law, shall be in
force and obligatory upon the principal and sureties therein,
to and for the state of Washington, and to and for the use and
benefit of all persons who may be injured or aggrieved by the
wrongful act or default of such officer, in his official capacity, and any person so injured or aggrieved may bring suit on
such bond in his or her own name without an assignment
thereof. [1890 p 34 § 3; RRS § 9932.]
42.08.080
Action on official bond: RCW 42.08.080.
42.08.030
42.08.030 Leave of court required. Before an action
can be commenced by a plaintiff, other than the state, or the
municipal or public corporation named in the bond, leave
shall be obtained of the court or judge thereof where the
action is triable. Such leave shall be granted upon the production of a certified copy of the bond and an affidavit of the
plaintiff, or some person in his behalf, showing the delinquency. But if the matter set forth in his affidavit be such that,
if true, the party applying would clearly not be entitled to
recover in the action, the leave shall not be granted. If it does
not appear from the complaint that the leave herein provided
for has been granted, the defendant, on motion, shall be entitled to judgment of nonsuit; if it does, the defendant may controvert the allegation, and if the issue be found in his favor,
judgment shall be given accordingly. [Code 1881 § 654;
1877 p 136 § 657; 1869 p 152 § 594; RRS § 960.]
42.08.040
42.08.040 Judgment no bar to further action. A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another
action on the same bond for another delinquency. [Code
1881 § 655; 1877 p 136 § 658; 1869 p 153 § 595; RRS § 961.]
42.08.050
42.08.050 Recoveries limited to amount of bond. In
an action upon an official bond, if judgments have been
recovered against the surety therein other than by confession,
equal in the aggregate to the penalty or any part thereof of
such bond, and if such recovery be established on the trial,
judgment shall not be given against such surety for an amount
exceeding such penalty, or such portion thereof as is not
already recovered against him. [Code 1881 § 656; 1877 p
136 § 659; 1869 p 153 § 596; RRS § 962.]
Liability of sureties: RCW 42.08.170.
(2010 Ed.)
Action on official bond: RCW 42.08.020.
42.08.090 Defective bonds validated. Whenever any
such official bond shall not contain the substantial matter or
condition or conditions required by law, or there shall be any
defect in the approval or filing thereof, such bond shall not be
void so as to discharge such officer and his sureties, but they
shall be bound to the state, or party interested, and the state or
such party may, by action instituted in any court of competent
jurisdiction, suggest the defect of such bond or such approval
or filing, and recover his proper and equitable demand or
damages from such officer, and the person or persons, who
intended to become, and were included in such bond as sureties. [1890 p 35 § 4; RRS § 9933.]
42.08.090
42.08.100 Approval and filing. The official bonds of
officers shall be approved and filed as follows, to wit: The
official bond of the secretary of state shall be approved by the
governor and filed in the office of the state auditor. The official bonds of all other state officers required by law to give
bonds, except as otherwise expressly provided by law, shall
be approved by the governor and filed in the office of the secretary of state.
The official bonds of all county and township officers,
except the county superintendent of schools, shall be
approved by the board of county commissioners, if in session, and if not in session, by the chairman of such board, and
filed and recorded in the office of the county clerk of their
42.08.100
[Title 42 RCW—page 3]
42.08.110
Title 42 RCW: Public Officers and Agencies
respective counties: PROVIDED, That the bond of the
county clerk shall be recorded in the office of the county
auditor and filed in the office of the county treasurer. [1955
c 157 § 11. Prior: 1890 p 35 § 5; RRS § 9934.]
Contractor’s bonds: Chapter 39.08 RCW.
Official bonds—Payment of premiums: RCW 48.28.040.
Surety insurance: Chapter 48.28 RCW.
42.08.110
42.08.110 Procedure when bond of county or township officer is insufficient. Whenever the sureties, or any
one of them, in the official bond of any county or township
officer shall die, remove from the state, become insolvent or
insufficient, or the penalty of such bond shall become insufficient, on account of recoveries had thereon, or otherwise, it
shall be the duty of the board of county commissioners of the
proper county, of their own motion, or on the showing of any
person, supported by affidavit, to summon any such officer to
appear before them at a stated time, not less than five days
after service of such summons, and show cause why he
should not execute an additional official bond with good and
sufficient sureties. [1890 p 35 § 6; RRS § 9935.]
42.08.120
42.08.120 Additional bond. Should such officer, after
due notice, fail to appear at the time appointed, the matter
may be heard and determined in his absence; if after examination the board of county commissioners shall be of opinion
that the bond of such officer has become insufficient from
any cause whatever, they shall require an additional bond
with such security as may be deemed necessary, which said
additional bond shall be executed and filed within such time
as the board of county commissioners may order; and if any
such officer shall fail to execute and file such additional bond
within the time prescribed by such order, his office shall
become vacant. [1890 p 36 § 7; RRS § 9936.]
Failure to give or renew official bond a cause for vacation of office: RCW
42.12.010.
42.08.160 Justification of sureties. In all cases where
official bonds are required or may be hereafter required, from
state, county, township or precinct officers, the officer or
officers whose duty it is or may be to approve such bonds,
shall not accept or approve any such bonds except such bond
be that of a surety company, unless the sureties thereon shall
severally justify before an officer authorized to administer
oaths as follows: (1) On a bond given by a state or county
officer that he is a resident and freeholder within this state,
and on a bond given by a township or precinct officer that he
is a resident and freeholder within the county in which such
township or precinct is situated. (2) That he is worth double
the amount for which he becomes surety over and above all
his debts and liabilities, in property situated within this state
which is not exempt from seizure and sale under execution.
[1901 c 14 § 1; 1890 p 36 § 11; RRS § 9940.]
42.08.160
Qualification of individual sureties: RCW 19.72.030.
42.08.170 Liability of sureties. When the penal sum of
any bond amounts to more than two thousand dollars, the
sureties may become severally liable for portions, not less
than five hundred dollars, of such penal sum, making in the
aggregate at least two sureties for the whole penal sum.
[1890 p 37 § 12; RRS § 9941.]
42.08.170
Recoveries limited to amount of bond: RCW 42.08.050.
42.08.180 Release of sureties.
(1937 act), see chapter 19.72 RCW.
42.08.180
Chapter 42.12
42.08.130 Remedy when bond of state officer
becomes insufficient. Whenever the official bond of any
state officer shall become insufficient from any cause whatever, the like proceedings may be had before the superior
court of the county in which said state officer holds his office
with reference thereto: PROVIDED, That such proceedings
may be commenced by a written motion supported by affidavit. [1890 p 36 § 8; RRS § 9937.]
42.08.140
42.08.140 Force of additional bond. Every such additional bond shall be of like force and obligation upon the
principal and sureties therein, and shall subject the officer
and his sureties to the same liabilities as are prescribed
respecting the original bonds of officers. [1890 p 36 § 9;
RRS § 9938.]
42.08.150
42.08.150 Number of sureties. Unless otherwise
expressly provided, there shall be at least two sureties upon
the official bond of every officer. [1890 p 36 § 10; RRS §
9939.]
Corporate sureties: Chapter 48.28 RCW.
[Title 42 RCW—page 4]
Chapter 42.12 RCW
VACANCIES
Sections
42.12.010
42.12.020
42.12.030
42.12.040
42.12.070
42.08.130
Release of sureties
Causes of vacancy.
Resignations, to whom made.
Term of person elected to fill vacancy.
Vacancy in partisan elective office—Successor elected—
When.
Filling nonpartisan vacancies.
Apple commission, vacancies, how filled: RCW 15.24.050.
Attorney general, removal from office: State Constitution Art. 4 § 9.
Bond, failure to file additional bond causes vacancy: RCW 42.08.120.
City offices, vacancies, how filled
commission plan: RCW 35.17.020.
council-manager plan
council: RCW 35.18.020.
optional municipal code: RCW 35A.13.020.
mayor-council plan, optional municipal code: RCW 35A.12.050.
second class: RCW 35.23.101.
Congress, vacancies, how filled: RCW 29A.28.050.
County, township, precinct, or road district offices, vacancies, how filled:
State Constitution Art. 11 § 6.
County annexation review board, vacancies: RCW 35A.14.170.
County clerk, failure to file new bond vacates office: RCW 36.23.020,
42.08.120.
County commissioners, vacancies, how filled: RCW 36.32.070.
County hospital board of trustees, vacancies, how filled: RCW 36.62.160.
County officers
conviction for taking illegal fees vacates office: RCW 36.18.180.
vacancies: RCW 29A.24.210, 36.16.110, 36.16.115, 42.12.040.
County treasurer, suspension for misconduct: RCW 36.29.090.
Educational service district superintendent: Chapter 28A.310 RCW.
(2010 Ed.)
Vacancies
Engineers and land surveyors’ board of registration, vacancies on: RCW
18.43.030.
Fire protection district commissioners, vacancies: RCW 52.14.050.
Flood control districts, vacancies in governing board: RCW 85.38.070.
Fruit commission, vacancies, how filled: RCW 15.28.080.
Governor
appointive state office, vacancies in, filled by: RCW 43.06.090.
vacancy in office of: State Constitution Art. 3 § 10 (Amendment 6).
Horse racing commission, vacancies: RCW 67.16.012.
Impeachment: State Constitution Art. 5.
Irrigation district directors, vacancies, how filled: RCW 87.03.081,
87.04.020.
Joint legislative audit and review committee, vacancies, how filled: RCW
44.28.020.
Judges
removal from office: State Constitution Art. 4 § 9.
vacancies, how filled
court of appeals: RCW 2.06.080.
district court: RCW 3.34.100.
superior court: State Constitution Art. 4 § 5; RCW 2.08.069, 2.08.120.
supreme court: State Constitution Art. 4 § 3; RCW 2.04.100.
Judicial officer’s absence from state as forfeiting office: State Constitution
Art. 4 § 8.
Legislators, expulsion of member: State Constitution Art. 2 § 9.
Legislators, vacancies, how filled: State Constitution Art. 2 § 15 (Amendment 52), RCW 42.12.040.
Liquor control board, vacancies, how filled: RCW 66.08.014.
Militia, vacancies, how filled: RCW 38.12.095 through 38.12.115.
Mosquito control districts, vacancies in board of trustees: RCW 17.28.130.
Partisan elective offices, vacancies, how filled: RCW 29A.24.210.
Prosecuting attorney, removal from office: State Constitution Art. 4 § 9.
Public utility district commissioners, vacancies: RCW 54.12.010.
Recall proceedings, grounds: RCW 29A.56.110.
Reclamation district directors, vacancies: RCW 89.30.256.
Regional universities—Trustees, appointment, terms, quorum, vacancies:
RCW 28B.35.100.
School directors in second and third-class districts, vacancies, how filled:
RCW 28A.343.370.
State appointive office, vacancy in, how filled: State Constitution Art. 3 §
13; RCW 43.06.090.
State elective officers
recall: State Constitution Art. 1 § 33 (Amendment 8).
vacancy, successor elected: RCW 42.12.040.
State officers, removal from office: State Constitution Art. 5.
Statute law committee, vacancies, how filled: RCW 1.08.003.
The Evergreen State College—Trustees, appointment, terms, quorum,
vacancies: RCW 28B.40.100.
United States senators, vacancies, how filled: RCW 29A.28.030.
University of Washington board of regents, vacancies, how filled: RCW
28B.20.100.
Utilities and transportation commission, vacancies, how filled: RCW
80.01.010.
Washington State University board of regents, vacancies: RCW 28B.30.100.
Water-sewer district commissioners, vacancies: RCW 57.12.020.
Weed district directors, vacancies, how filled: RCW 17.04.070.
42.12.010 Causes of vacancy. Every elective office
shall become vacant on the happening of any of the following
events:
(1) The death of the incumbent;
(2) His or her resignation. A vacancy caused by resignation shall be deemed to occur upon the effective date of the
resignation;
42.12.010
(2010 Ed.)
42.12.040
(3) His or her removal;
(4) Except as provided in RCW *3.46.067 and 3.50.057,
his or her ceasing to be a legally registered voter of the district, county, city, town, or other municipal or quasi municipal corporation from which he or she shall have been elected
or appointed, including where applicable the council district,
commissioner district, or ward from which he or she shall
have been elected or appointed;
(5) His or her conviction of a felony, or of any offense
involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of
office, or to give or renew his or her official bond, or to
deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal declaring void
his or her election or appointment; or
(8) Whenever a judgment shall be obtained against that
incumbent for breach of the condition of his or her official
bond. [1994 c 223 § 2; 1993 c 317 § 9; 1981 c 180 § 4; Code
1881 § 3063; 1866 p 28 § 2; RRS § 9950.]
*Reviser’s note: RCW 3.46.067 was repealed by 2008 c 227 § 12,
effective July 1, 2008.
*Reviser’s note: The governor vetoed 1994 c 233 § 20.
Additional notes found at www.leg.wa.gov
42.12.020 Resignations, to whom made. Resignations
shall be made as follows: By the state officers and members
of the legislature, to the governor; by all county officers, to
the county commissioners of their respective counties; by all
other officers, holding their offices by appointment, to the
body, board or officer that appointed them. [Code 1881 §
3062; 1865 p 28 § 1; RRS § 9949.]
42.12.020
Appointments to fill vacancies: State Constitution Art. 2 § 15 (Amendment
32).
42.12.030 Term of person elected to fill vacancy.
Whenever any officer resigns his office before the expiration
of his term, or the office becomes vacant from any other
cause, and at a subsequent special election such vacancy is
filled, the person so elected to fill such vacancy shall hold
office for the remainder of the unexpired term. [1981 c 180 §
5; Code 1881 § 3066; 1866 p 30 § 6; RRS § 9951.]
42.12.030
Additional notes found at www.leg.wa.gov
42.12.040
42.12.040 Vacancy in partisan elective office—Successor elected—
When. (1) If a vacancy occurs in any partisan elective office in the executive
or legislative branches of state government or in any partisan county elective
office before the ((sixth)) eleventh Tuesday prior to the primary for the next
general election following the occurrence of the vacancy, a successor shall
be elected to that office at that general election. Except during the last year
of the term of office, if such a vacancy occurs on or after the ((sixth)) eleventh Tuesday prior to the primary for that general election, the election of the
successor shall occur at the next succeeding general election. The elected
successor shall hold office for the remainder of the unexpired term. This section shall not apply to any vacancy occurring in a charter county which has
charter provisions inconsistent with this section.
(2) If a vacancy occurs in any legislative office or in any partisan
county office after the general election in a year that the position appears on
the ballot and before the start of the next term, the term of the successor who
is of the same party as the incumbent may commence once he or she has
qualified as defined in RCW ((29.01.135)) 29A.04.133 and shall continue
through the term for which he or she was elected. [2006 c 344 § 29; 2003 c
238 § 4; 2002 c 108 § 2; 1981 c 180 § 1.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
[Title 42 RCW—page 5]
42.12.040
Title 42 RCW: Public Officers and Agencies
42.12.040
42.12.040 Vacancy in partisan elective office—Successor elected—
When. (1) If a vacancy occurs in any partisan elective office in the executive
or legislative branches of state government or in any partisan county elective
office before the sixth Tuesday prior to the ((primary for the)) next general
election following the occurrence of the vacancy, a successor shall be elected
to that office at that general election. Except during the last year of the term
of office, if such a vacancy occurs on or after the sixth Tuesday prior to the
((primary for that)) general election, the election of the successor shall occur
at the next succeeding general election. The elected successor shall hold
office for the remainder of the unexpired term. This section shall not apply
to any vacancy occurring in a charter county ((which)) that has charter provisions inconsistent with this section.
(2) If a vacancy occurs in any legislative office or in any partisan
county office after the general election in a year that the position appears on
the ballot and before the start of the next term, the term of the successor who
is of the same party as the incumbent may commence once he or she has
qualified as defined in RCW ((29.01.135)) 29A.04.133 and shall continue
through the term for which he or she was elected. [2005 c 2 § 15 (Initiative
Measure No. 872, approved November 2, 2004); 2003 c 238 § 4; 2002 c 108
§ 2; 1981 c 180 § 1.]
Reviser’s note: (1) The constitutionality of Initiative Measure No. 872
was upheld in Washington State Grange v. Washington State Republican
Party, et al., 552 U.S. . . . . . (2008).
(2) RCW 42.12.040 was amended by 2006 c 344 § 29 without cognizance of its amendment by 2005 c 2 § 15 (Initiative Measure No. 872). For
rule of construction concerning sections amended more than once during the
same legislative session, see RCW 1.12.025.
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Contingent effective date—2003 c 238: See note following RCW
36.16.110.
County office, appointment of acting official: RCW 36.16.115.
Filing period, special: RCW 29A.24.210.
Additional notes found at www.leg.wa.gov
42.12.070 Filling nonpartisan vacancies. A vacancy
on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification
to vote, a town, or a city other than a first-class city or a charter code city, shall be filled as follows unless the provisions
of law relating to the special district, town, or city provide
otherwise:
(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to
fill the vacant position.
(2) Where two or more positions are vacant and two or
more members of the governing body remain in office, the
remaining members of the governing body shall appoint a
qualified person to fill one of the vacant positions, the
remaining members of the governing body and the newly
appointed person shall appoint another qualified person to fill
another vacant position, and so on until each of the vacant
positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain
in office, the county legislative authority of the county in
which all or the largest geographic portion of the city, town,
or special district is located shall appoint a qualified person or
persons to the governing body until the governing body has
two members.
(4) If a governing body fails to appoint a qualified person
to fill a vacancy within ninety days of the occurrence of the
vacancy, the authority of the governing body to fill the
vacancy shall cease and the county legislative authority of the
county in which all or the largest geographic portion of the
42.12.070
[Title 42 RCW—page 6]
city, town, or special district is located shall appoint a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails
to appoint a qualified person within one hundred eighty days
of the occurrence of the vacancy, the county legislative
authority or the remaining members of the governing body of
the city, town, or special district may petition the governor to
appoint a qualified person to fill the vacancy. The governor
may appoint a qualified person to fill the vacancy after being
petitioned if at the time the governor fills the vacancy the
county legislative authority has not appointed a qualified person to fill the vacancy.
(6) As provided in *RCW 29.15.190 and 29.21.410, each
person who is appointed shall serve until a qualified person is
elected at the next election at which a member of the governing body normally would be elected that occurs twenty-eight
or more days after the occurrence of the vacancy. If needed,
special filing periods shall be authorized as provided in
*RCW 29.15.170 and 29.15.180 for qualified persons to file
for the vacant office. A primary shall be held to nominate
candidates if sufficient time exists to hold a primary and more
than two candidates file for the vacant office. Otherwise, a
primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall
take office immediately and serve the remainder of the unexpired term.
If an election for the position that became vacant would
otherwise have been held at this general election date, only
one election to fill the position shall be held and the person
elected to fill the succeeding term for that position shall take
office immediately when qualified as defined in *RCW
29.01.135 and shall service both the remainder of the unexpired term and the succeeding term. [1994 c 223 § 1.]
*Reviser’s note: RCW 29.15.190, 29.21.410, 29.15.170, 29.15.180,
and 29.01.135 were recodified as RCW 29A.24.190, 29A.52.240,
29A.24.170, 29A.24.180, and 29A.04.133, respectively, pursuant to 2003 c
111 § 2401, effective July 1, 2004. RCW 29A.24.170, 29A.24.180, and
29A.24.190 were subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.24.170, 29A.24.180, and 29A.24.190, see RCW
29A.24.171, 29A.24.181, and 29A.24.191, respectively.
Chapter 42.14
Chapter 42.14 RCW
CONTINUITY OF GOVERNMENT ACT
Sections
42.14.010
42.14.020
42.14.030
42.14.035
42.14.040
42.14.050
42.14.060
42.14.070
42.14.075
42.14.900
42.14.910
Definitions.
Office of governor.
Legislature.
Convening legislature at locations other than usual seat of government.
County commissioners.
City or town officers.
Appointed officers of the state.
Officers of political subdivisions.
Meetings of governing bodies of political subdivisions at other
than usual places.
Short title.
Severability—1963 c 203.
Continuity of government: State Constitution Art. 2 § 42 (Amendment 39).
Microfilming of records to provide continuity of civil government: Chapter
40.10 RCW.
42.14.010 Definitions. Unless otherwise clearly
required by the context, the following definitions apply:
42.14.010
(2010 Ed.)
Continuity of Government Act
(1) "Unavailable" means either that a vacancy in the
office exists or that the lawful incumbent of the office is
absent or unable to exercise the powers and discharge the
duties of the office following an attack and a declaration of
existing emergency by the governor or his successor.
(2) "Attack" means any acts of warfare taken by an
enemy of the United States causing substantial damage or
injury to persons or property in the United States and in the
state of Washington. [1963 c 203 § 2.]
42.14.020 Office of governor. (1) In the event that all
successors to the office of governor as provided by Article 3,
section 10, as amended by amendment 6 of the Constitution
of the state of Washington are unavailable following an
enemy attack, the powers and duties of the office of governor
shall be exercised and discharged by the speaker of the house
of representatives.
(2) In the event the speaker of the house is unavailable,
the powers and duties of the office of governor shall be exercised and discharged by the president pro tem of the senate.
(3) In the event that neither the speaker nor the president
pro tem is available, the house of representatives and the senate in joint assembly shall elect an emergency interim governor. [1963 c 203 § 3.]
42.14.910
42.14.040
42.14.040 County commissioners. In the event enemy
attack reduces the number of county commissioners of any
county, then those commissioners available for duty shall
have full authority to act in all matters as a board of county
commissioners. In the event no county commissioner is available for duty, then those elected county officials, except for
the members of the county board of education, as are available for duty shall jointly act as the board of county commissioners and shall possess by majority vote the full authority of
the board of county commissioners. [1963 c 203 § 5.]
42.14.020
42.14.030 Legislature. In the event enemy attack
reduces the number of legislators available for duty, then
those legislators available for duty shall constitute the legislature and shall have full power to act in separate or joint
assembly by majority vote of those present. In the event of an
attack, (1) quorum requirements for the legislature shall be
suspended, and (2) where the affirmative vote of a specified
proportion of members for approval of a bill, resolution or
other action would otherwise be required, the same proportion of those voting thereon shall be sufficient. In the event of
an attack, the governor shall call the legislature into session
as soon as practicable, and in any case within thirty days following the inception of the attack. If the governor fails to
issue such call, the legislature shall, on the thirtieth day from
the date of inception of the attack, automatically convene at
the place where the governor then has his office. Each legislator shall proceed to the place of session as expeditiously as
practicable. At such session or at any session in operation at
the inception of the attack, and at any subsequent sessions,
limitations on the length of session and on the subjects which
may be acted upon shall be suspended. [1963 c 203 § 4.]
42.14.030
42.14.035 Convening legislature at locations other
than usual seat of government. Whenever, in the judgment
of the governor, it becomes impracticable, due to an emergency resulting from enemy attack or natural disaster, to convene the legislature in the usual seat of government at Olympia, the governor may call the legislature into emergency session in any location within this or an adjoining state. The first
order of business of any legislature so convened shall be the
establishment of temporary emergency seats of government
for the state. After any emergency relocation, the affairs of
state government shall be lawfully conducted at such emergency temporary location or locations for the duration of the
emergency. [1969 ex.s. c 106 § 1.]
42.14.035
(2010 Ed.)
42.14.050
42.14.050 City or town officers. In the event that the
executive head of any city or town is unavailable by reason of
enemy attack to exercise the powers and discharge the duties
of the office, then those members of the city or town council
or commission available for duty shall by majority vote select
one of their number to act as the executive head of such city
or town. In the event enemy attack reduces the number of city
or town councilmembers or commission members, then those
members available for duty shall have full power to act by
majority vote of those present. [1981 c 213 § 8; 1963 c 203 §
6.]
42.14.060
42.14.060 Appointed officers of the state. The governor shall, subject to such rules and regulations as he may
adopt, permit each appointed officer of the state to designate
temporary interim successors to the office of such officer.
[1963 c 203 § 7.]
42.14.070
42.14.070 Officers of political subdivisions. The legislative authority of each political subdivision, subject to the
provisions of this chapter, shall adopt rules and regulations
providing for appointment of temporary interim successors to
the elected and appointed offices of the political subdivisions.
[1963 c 203 § 8.]
42.14.075
42.14.075 Meetings of governing bodies of political
subdivisions at other than usual places. Whenever, due to
a natural disaster, an attack or an attack is imminent, it
becomes imprudent, inexpedient or impossible to conduct the
affairs of a political subdivision at the regular or usual place
or places, the governing body of the political subdivision may
meet at any place within or without the territorial limits of the
political subdivision on the call of the presiding official or
any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be
lawfully conducted at such emergency temporary location or
locations for the duration of the emergency. [1969 ex.s. c 106
§ 2.]
42.14.900
42.14.900 Short title. This act shall be known as the
"continuity of government act." [1963 c 203 § 1.]
42.14.910
42.14.910 Severability—1963 c 203. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1963 c 203 § 9.]
[Title 42 RCW—page 7]
Chapter 42.16
Chapter 42.16
Title 42 RCW: Public Officers and Agencies
Chapter 42.16 RCW
SALARIES AND FEES
Sections
42.16.010
42.16.011
42.16.012
42.16.013
42.16.014
42.16.015
42.16.016
42.16.017
42.16.020
42.16.030
42.16.040
Salaries paid twice each month—Policies and procedures to
assure full payment—Exceptions.
State payroll revolving account, agency payroll revolving
fund—Use.
State payroll revolving account, agency payroll revolving
fund—Disbursements—Sources.
Transfers to state payroll revolving account—Certification by
agencies or director of financial management.
Disbursements by warrants—Certifications.
Cancellation of warrants—Transfer of increased balance
amounts in state payroll revolving account.
Cancellation of warrants—Refund of increased balance
amounts in agency payroll revolving fund.
Payroll preparation and accounting—Establishment of policies, procedures, and paydates.
Salaried officers not to receive witness fees—Exceptions.
Disposition of fees.
Official fees payable in advance.
Boards and commissions, state, part-time, compensation: RCW 43.03.220
through 43.03.250.
Cities
commission form, salaries: RCW 35.17.108.
council-manager plan, salaries: RCW 35.18.220.
optional municipal code
council-manager plan, compensation: RCW 35A.13.040.
mayor-council plan, compensation: RCW 35A.12.070.
Commissioner of public lands
fees: RCW 79.02.240.
salary: State Constitution Art. 3 § 23; RCW 43.03.010.
Compensation not to be increased or diminished during term of office: State
Constitution Art. 2 § 13; Art. 2 § 25; Art. 3 § 25 (Amendment 31); Art.
4 § 13; Art. 11 § 8; Art. 28 § 1 (Amendment 20).
County officers, compensation: State Constitution Art. 11 § 8.
County officers, fees: Chapter 36.18 RCW.
County officers, salaries: Chapter 36.17 RCW.
County sheriff, fees payable in advance: RCW 36.28.040.
Court commissioners, salary: RCW 2.24.030.
Courts of limited jurisdiction, salaries and fees: State Constitution Art. 4 §
10 (Amendment 28).
Department of personnel: RCW 43.03.028.
Elected officials, executive branch, salaries: RCW 43.03.011.
Election officials, fees: RCW 29A.44.530.
Judges, salaries: RCW 43.03.012.
Judicial officers, salaries, how paid, etc.: State Constitution Art. 4 § 13.
Justices of supreme court, salaries: State Constitution Art. 4 § 14.
Legislators, salaries: RCW 43.03.013.
Militia, salaries and pay: RCW 38.24.050.
Municipal court judges, salaries: RCW 35.20.160.
Reformatory chief executive officer, salary: RCW 72.01.060.
Secretary of state, fees: RCW 43.07.120.
Secretary of transportation, salary: RCW 47.01.041.
State appointive officers, governor may fix salaries, maximum: RCW
43.03.040.
State boards and commissions, part-time, compensation: RCW 43.03.220
through 43.03.250.
State elective officers, salaries: RCW 43.03.011.
Superior court reporters, salaries: RCW 2.32.210.
Supreme court reporter, salary: State Constitution Art. 4 § 18; Rules of
court: SAR 17(1).
University of Washington, disposition of fees: RCW 28B.15.210,
28B.15.220.
Utilities and transportation commission, salaries: RCW 80.01.010.
Washington State University, disposition of fees: RCW 28B.15.310.
[Title 42 RCW—page 8]
42.16.010 Salaries paid twice each month—Policies
and procedures to assure full payment—Exceptions. (1)
Except as provided otherwise in subsections (2) and (3) of
this section, all state officers and employees shall be paid for
services rendered from the first day of the month through the
fifteenth day of the month and for services rendered from the
sixteenth day of the month through the last calendar day of
the month. Paydates for these two pay periods shall be established by the director of financial management through the
administrative hearing process and the official paydates shall
be established six months prior to the beginning of each subsequent calendar year. Under no circumstance shall the paydate be established more than ten days after the pay period in
which the wages are earned except when the designated paydate falls on Sunday, in which case the paydate shall not be
later than the following Monday. Payment shall be deemed
to have been made by the established paydates if: (a) The salary warrant is available at the geographic work location at
which the warrant is normally available to the employee; or
(b) the salary has been electronically transferred into the
employee’s account at the employee’s designated financial
institution; or (c) the salary warrants are mailed at least two
days before the established paydate for those employees
engaged in work in remote or varying locations from the geographic location at which the payroll is prepared, provided
that the employee has requested payment by mail.
The office of financial management shall develop the
necessary policies and operating procedures to assure that all
remuneration for services rendered including basic salary,
shift differential, standby pay, overtime, penalty pay, salary
due based on contractual agreements, and special pay provisions, as provided for by law, Washington personnel
resources board rules, agency policy or rule, or contract, shall
be available to the employee on the designated paydate.
Overtime, penalty pay, and special pay provisions may be
paid by the next following paydate if the postponement of
payment is attributable to: The employee’s not making a
timely or accurate report of the facts which are the basis for
the payment, or the employer’s lack of reasonable opportunity to verify the claim.
Compensable benefits payable because of separation
from state service shall be paid with the earnings for the final
period worked unless the employee separating has not provided the agency with the proper notification of intent to terminate.
One-half of the employee’s basic monthly salary shall be
paid in each pay period. Employees paid on an hourly basis
or employees who work less than a full pay period shall be
paid for actual salary earned.
(2) Subsection (1) of this section shall not apply in
instances where it would conflict with contractual rights or,
with the approval of the office of financial management, to
short-term, intermittent, noncareer state employees, to student employees of institutions of higher education, to
national or state guard members participating in state active
duty, and to liquor control agency managers who are paid a
percentage of monthly liquor sales.
(3) When a national or state guard member is called to
participate in state active duty, the paydate shall be no more
than seven days following completion of duty or the end of
the pay period, whichever is first. When the seventh day falls
42.16.010
(2010 Ed.)
Salaries and Fees
on Sunday, the paydate shall not be later than the following
Monday. This subsection shall apply only to the pay a
national or state guard member receives from the military
department for state active duty.
(4) Notwithstanding subsections (1) and (2) of this section, a bargained contract at an institution of higher education
may include a provision for paying part-time academic
employees on a pay schedule that coincides with all the paydays used for full-time academic employees. [2008 c 186 §
1; 2004 c 56 § 1; 1993 c 281 § 42; 1983 1st ex.s. c 28 § 1;
1979 c 151 § 68; 1969 c 59 § 1; 1967 ex.s. c 25 § 1; 1891 c
130 § 1; RRS § 10965.]
Additional notes found at www.leg.wa.gov
42.16.011 State payroll revolving account, agency
payroll revolving fund—Use. A state payroll revolving
account and an agency payroll revolving fund are created in
the state treasury, for the payment of compensation to
employees and officers of the state and distribution of all
amounts withheld therefrom pursuant to law and amounts
authorized by employees to be withheld pursuant to law; also
for the payment of the state’s contributions for retirement and
insurance and other employee benefits: PROVIDED, That
the utilization of the state payroll revolving account shall be
optional except for agencies whose payrolls are prepared
under a centralized system established pursuant to regulations of the director of financial management: PROVIDED
FURTHER, That the utilization of the agency payroll revolving fund shall be optional for agencies whose operations are
funded in whole or part other than by funds appropriated
from the state treasury. [1985 c 57 § 25; 1981 c 9 § 1; 1979 c
151 § 69; 1969 c 59 § 2; 1967 ex.s. c 25 § 2.]
42.16.011
Transfer from state payroll revolving fund: "All moneys in the state
treasury to the credit of the state payroll revolving fund shall be transferred
on the effective date of this act to the state payroll revolving account." [1981
c 9 § 7.] The effective date of 1981 c 9 was February 27, 1981.
Additional notes found at www.leg.wa.gov
42.16.012 State payroll revolving account, agency
payroll revolving fund—Disbursements—Sources. The
amounts to be disbursed from the state payroll revolving
account from time to time on behalf of agencies utilizing such
account shall be transferred thereto by the state treasurer from
appropriated funds properly chargeable with the disbursement for the purposes set forth in RCW 42.16.011, on or
before the day prior to scheduled disbursement. The amounts
to be disbursed from the agency payroll revolving fund from
time to time on behalf of agencies electing to utilize such
fund shall be deposited therein by such agencies from funds
held by the agency pursuant to law outside the state treasury
and properly chargeable with the disbursement for the purposes set forth in RCW 42.16.011, on or before the day prior
to scheduled disbursement. [1981 c 9 § 2; 1967 ex.s. c 25 §
3.]
42.16.012
42.16.013 Transfers to state payroll revolving
account—Certification by agencies or director of financial management. The state treasurer shall make such transfers to the state payroll revolving account in the amounts to
be disbursed as certified by the respective agencies: PROVIDED, That if the payroll is prepared on behalf of an agency
42.16.013
(2010 Ed.)
42.16.017
from data authenticated and certified by the agency under a
centralized system established pursuant to regulation of the
director of financial management, the state treasurer shall
make the transfer upon the certification of the head of the
agency preparing the centralized payroll or his designee.
[1981 c 9 § 3; 1979 c 151 § 70; 1969 c 59 § 3; 1967 ex.s. c 25
§ 4.]
42.16.014 Disbursements by warrants—Certifications. Disbursements from the revolving account and fund
created by RCW 42.16.010 through 42.16.017 shall be by
warrant in accordance with the provisions of RCW
43.88.160: PROVIDED, That when the payroll is prepared
under a centralized system established pursuant to regulations of the director of financial management, disbursements
on behalf of the agency shall be certified by the head of the
agency preparing the centralized payroll or his designee:
PROVIDED FURTHER, That disbursements from a centralized paying agency representing amounts withheld, and/or
contributions, for payment to any individual payee on behalf
of several agencies, may be by single warrant representing
the aggregate amounts payable by all such agencies to such
payee. The procedure for disbursement and certification of
these aggregate amounts shall be established by the director
of financial management.
All payments to employees or other payees, from the
revolving account and fund created by RCW 42.16.010
through 42.16.017, whether certified by an agency or by the
director of financial management on behalf of such agency,
shall be made wherever possible by a single warrant reflecting on its face the amount charged to each revolving account
and fund. [1981 c 9 § 4; 1979 c 151 § 71; 1969 c 59 § 4; 1967
ex.s. c 25 § 5.]
42.16.014
42.16.015 Cancellation of warrants—Transfer of
increased balance amounts in state payroll revolving
account. All amounts increasing the balance in the state payroll revolving account, as a result of the cancellation of warrants issued therefrom shall be transferred by the state treasurer to the fund from which the canceled warrant would
originally have been paid except for the provisions of RCW
42.16.010 through 42.16.017. [1981 c 9 § 5; 1967 ex.s. c 25
§ 6.]
42.16.015
42.16.016 Cancellation of warrants—Refund of
increased balance amounts in agency payroll revolving
fund. All amounts increasing the balance in the agency payroll revolving fund, as a result of the cancellation of warrants
issued therefrom shall be refunded by the state treasurer to
the appropriate state agency. The refund shall be deposited by
the agency to the fund from which such amount was originally withdrawn for deposit in the agency payroll revolving
fund. [1967 ex.s. c 25 § 7.]
42.16.016
42.16.017 Payroll preparation and accounting—
Establishment of policies, procedures, and paydates. The
director of financial management shall adopt the necessary
policies and procedures to implement RCW 42.16.010
through 42.16.017, including the establishment of paydates.
Such paydates shall conform to RCW 42.16.010. The director
42.16.017
[Title 42 RCW—page 9]
42.16.020
Title 42 RCW: Public Officers and Agencies
of financial management shall have approval over all agency
and state payroll systems and shall determine the payroll systems to be used by state agencies to ensure the implementation of RCW 42.16.010 and 41.04.232: PROVIDED, That
for purposes of the central personnel payroll system, the provisions of RCW 41.07.020 shall apply. [1998 c 245 § 45;
1983 1st ex.s. c 28 § 6; 1979 c 151 § 72; 1967 ex.s. c 25 § 8.]
not apply when the officer performs any official act for his
county or the state. [Code 1881 § 2099; 1869 p 374 § 21;
RRS § 505. Formerly codified as RCW 42.04.050.]
County officers, fees payable in advance: RCW 36.18.060.
County sheriff, demand of fees payable in advance: RCW 36.28.040.
Chapter 42.17
Additional notes found at www.leg.wa.gov
42.16.020 Salaried officers not to receive witness
fees—Exceptions. No state, county, municipal or other public officer within the state of Washington, who receives from
the state, or from any county or municipality therein, a fixed
and stated salary as compensation for services rendered as
such public officer shall be allowed or paid any per diem for
attending or testifying on behalf of the state of Washington,
or any county or municipality therein, at any trial or other
judicial proceeding, in any state, county or municipal court
within this state; nor shall such officer, in any case, be
allowed nor paid any per diem for attending or testifying in
any state or municipal court of this state, in regard to matters
and information that have come to his knowledge in connection with and as a result of the performance of his duties as a
public officer as aforesaid: Provided, This section shall not
apply when any deduction shall be made from the regular salary of such officer by reason of his being in attendance upon
the superior court, but in such cases regular witness fees shall
be paid; and further, that if a public officer be subpoenaed
and required to appear or testify in judicial proceedings in a
county other than that in which he resides, then said public
officer shall be entitled to receive per diem and mileage as
provided by statute in other cases; and, provided further, that
this section shall not apply to police officers when called as
witnesses in the superior courts during hours when they are
off duty as such officers. A law enforcement officer who has
issued a notice of traffic infraction is not entitled to receive
witness fees or mileage in a contested traffic infraction case.
[1981 c 19 § 3; 1903 c 10 § 1; 1901 c 101 § 1; RRS § 499.]
42.16.020
Additional notes found at www.leg.wa.gov
42.16.030 Disposition of fees. All officers enumerated
in *this section, who are paid a salary in lieu of fees, shall collect the fees herein prescribed for the use of the state or
county, as the case may be, and shall pay the same into the
state or county treasury, as the case may be, on the first Monday of each month. [1907 c 56 § 1, part; RRS § 4217. Prior:
1903 c 151 § 1, part; 1893 c 130 § 1, part.]
Chapter 42.17 RCW
DISCLOSURE—
CAMPAIGN FINANCES—LOBBYING
Sections
42.17.010
42.17.020
CAMPAIGN FINANCING
42.17.030
42.17.035
42.17.040
42.17.050
42.17.060
42.17.065
42.17.067
42.17.070
42.17.080
42.17.090
42.17.093
42.17.095
42.17.100
42.17.103
42.17.105
42.17.110
42.17.120
42.17.125
42.17.128
42.17.130
42.17.131
42.17.135
42.17.150
42.17.155
42.17.160
42.17.170
42.17.172
42.17.175
42.17.180
42.17.190
42.17.200
42.17.210
42.17.220
42.17.230
42.17.240
42.17.2401
42.17.241
42.17.242
Elected and appointed officials, candidates, and appointees—
Reports of financial affairs and gifts.
"Executive state officer" defined.
Contents of report.
Concealing identity of source of payment prohibited—
Exception.
REPORTING BY PUBLIC TREASURERS
42.17.245
42.16.040
[Title 42 RCW—page 10]
Registration of lobbyists.
Photograph and information—Booklet—Publication.
Exemption from registration.
Reporting by lobbyists.
Notification to person named in report.
Special reports—Lobbyists—Late contributions or large
totals.
Reports by employers of registered lobbyists, other persons.
Legislative activities of state agencies, other units of government, elective officials, employees.
Grass roots lobbying campaigns.
Employment of legislators, board or commission members,
or state employees—Statement, contents and filing.
Employment of unregistered persons.
Lobbyists’ duties, restrictions.
REPORTING OF PUBLIC OFFICIALS’ FINANCIAL AFFAIRS
Daily remittance of moneys to state treasury required: RCW 43.01.050.
42.16.040 Official fees payable in advance. All fees
are invariably due in advance where demanded by the officer
required to perform any official act, and no officer shall be
required to perform any official act unless his fees are paid
when he demands the same: PROVIDED, This section shall
Applicability—Exceptions.
Conservation district exception.
Statement of organization by political committees.
Treasurer—Depositories.
Deposit of contributions—Investment—Unidentified contributions—Cash contributions.
Filing and reporting by continuing political committee.
Fund-raising activities—Alternative reporting method.
Expenditures—Authorization of and restrictions on.
Reporting of contributions and expenditures—Public inspection of accounts.
Contents of report.
Out-of-state political committees—Reports.
Disposal of surplus funds.
Special reports—Independent expenditures.
Special reports—Political advertising.
Special reports—Late contributions or large totals—Certain
late contributions prohibited.
Commercial advertisers—Public inspection of documents—
Copies to commission.
Identification of contributions and communications.
Personal use of contributions—When permitted.
Use of public funds for political purposes.
Use of public office or agency facilities in campaigns—Prohibition—Exceptions.
Exemption from RCW 42.17.130.
Earmarked contributions.
LOBBYIST REPORTING
42.16.030
*Reviser’s note: The term "this section" refers to 1907 c 56 § 1, of
which RCW 42.16.030 is but a part. The other parts of 1907 c 56 § 1, as
amended, are codified as RCW 2.32.070 (supreme court clerk’s fees),
2.40.010 (witnesses’ fees), 36.18.020 (superior court clerks’ fees), 36.18.040
(sheriff’s fees), 36.18.010 (county auditor’s fees), 36.18.030 (county coroner’s fees), 2.36.150 (jurors’ fees), 3.16.100 (constables’ fees), and
42.28.090 (notaries’ fees).
Declaration of policy.
Definitions.
Public accounts of governmental entities held by financial
institutions—Statements and reports—Contents—Filing.
ADMINISTRATION AND ENFORCEMENT
42.17.350
42.17.360
Public disclosure commission—Established—Membership—Prohibited activities—Compensation, travel
expenses.
Commission—Duties.
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
42.17.362
42.17.365
42.17.367
42.17.369
42.17.3691
42.17.370
42.17.380
42.17.390
42.17.395
42.17.397
42.17.400
42.17.405
42.17.410
42.17.420
42.17.430
42.17.440
42.17.450
42.17.460
42.17.461
42.17.463
42.17.465
42.17.467
42.17.469
42.17.471
Toll-free telephone number.
Audits and investigations.
Web site for commission documents.
Electronic filing—Availability.
Electronic filing—When required.
Commission—Additional powers.
Duties of attorney general.
Civil remedies and sanctions.
Violations—Determination by commission—Procedure.
Procedure upon petition for enforcement of order of commission—Court’s order of enforcement.
Enforcement.
Suspension, reapplication of reporting requirements in small
political subdivisions.
Limitation on actions.
Date of mailing deemed date of receipt—Exceptions—Electronic filings.
Certification of reports.
Statements and reports public records.
Duty to preserve statements and reports.
Access to reports—Legislative intent.
Access goals.
Access performance measures.
Information technology plan—Contents.
Information technology plan—Consultation.
Information technology plan—Submission.
Access performance reports.
POLITICAL ADVERTISING AND
ELECTIONEERING COMMUNICATIONS
42.17.510
42.17.520
42.17.530
42.17.540
Identification of sponsor—Exemptions.
Picture of candidate.
Political advertising or electioneering communication—
Libel or defamation per se.
Responsibility for compliance.
REPORTING OF ELECTIONEERING COMMUNICATIONS
42.17.561
42.17.562
42.17.565
42.17.570
42.17.575
Findings.
Intent.
Report—Information required—Time—Method—By
whom—Penalty.
When a contribution.
Recordkeeping.
CAMPAIGN CONTRIBUTION LIMITATIONS
42.17.610
42.17.620
42.17.640
42.17.645
42.17.647
42.17.650
42.17.660
42.17.670
42.17.680
42.17.690
42.17.700
42.17.710
42.17.720
42.17.730
42.17.740
42.17.750
42.17.760
42.17.770
42.17.780
42.17.790
Findings.
Intent.
Limits specified—Exemptions.
Candidates for judicial office—Special elections to fill
vacancies—Contribution limits—Adjustments.
Rules.
Attribution and aggregation of family contributions.
Attribution of contributions by controlled entities.
Attribution of contributions generally—"Earmarking."
Limitations on employers or labor organizations.
Changing monetary limits.
Contributions.
Time limit for state official to solicit or accept contributions.
Restriction on loans.
Contributions on behalf of another.
Certain contributions required to be by written instrument.
Solicitation of contributions by public officials or employees.
Agency shop fees as contributions.
Solicitation of endorsement fees.
Reimbursement for contributions.
Prohibition on use of contributions for a different office.
42.17.900
42.17.910
42.17.911
42.17.912
42.17.920
42.17.930
42.17.940
42.17.945
42.17.950
42.17.955
42.17.960
42.17.961
42.17.962
42.17.963
Effective date—1973 c 1.
Severability—1973 c 1.
Severability—1975 1st ex.s. c 294.
Severability—1975-’76 2nd ex.s. c 112.
Construction—1973 c 1.
Chapter, section headings not part of law.
Repealer—1973 c 1.
Construction—1975-’76 2nd ex.s. c 112.
Captions.
Short title—1993 c 2.
Effective date—1995 c 397.
Captions—1995 c 397.
Severability—1995 c 397.
Part headings not law—2005 c 445.
TECHNICAL PROVISIONS
(2010 Ed.)
42.17.964
42.17.965
42.17.966
42.17.010
Severability—2005 c 445.
Effective dates—2005 c 445.
Severability—2006 c 348.
Basic health plan records: RCW 70.47.150.
Boundary changes, factual information on: RCW 35.21.890.
Family and children’s ombudsman: RCW 43.06A.050.
Heating oil pollution liability protection act, certain information exempt
from chapter 42.17 RCW: RCW 70.149.090.
Private and confidential information—Requests for disclosure: RCW
50.13.015.
Secretary of state, materials specifically authorized to be printed and distributed by: RCW 43.07.140.
42.17.010 Declaration of policy. (Effective until January 1, 2012.) It is hereby declared by the sovereign people
to be the public policy of the state of Washington:
(1) That political campaign and lobbying contributions
and expenditures be fully disclosed to the public and that
secrecy is to be avoided.
(2) That the people have the right to expect from their
elected representatives at all levels of government the utmost
of integrity, honesty, and fairness in their dealings.
(3) That the people shall be assured that the private
financial dealings of their public officials, and of candidates
for those offices, present no conflict of interest between the
public trust and private interest.
(4) That our representative form of government is
founded on a belief that those entrusted with the offices of
government have nothing to fear from full public disclosure
of their financial and business holdings, provided those officials deal honestly and fairly with the people.
(5) That public confidence in government at all levels is
essential and must be promoted by all possible means.
(6) That public confidence in government at all levels
can best be sustained by assuring the people of the impartiality and honesty of the officials in all public transactions and
decisions.
(7) That the concept of attempting to increase financial
participation of individual contributors in political campaigns
is encouraged by the passage of the Revenue Act of 1971 by
the Congress of the United States, and in consequence
thereof, it is desirable to have implementing legislation at the
state level.
(8) That the concepts of disclosure and limitation of election campaign financing are established by the passage of the
Federal Election Campaign Act of 1971 by the Congress of
the United States, and in consequence thereof it is desirable
to have implementing legislation at the state level.
(9) That small contributions by individual contributors
are to be encouraged, and that not requiring the reporting of
small contributions may tend to encourage such contributions.
(10) That the public’s right to know of the financing of
political campaigns and lobbying and the financial affairs of
elected officials and candidates far outweighs any right that
these matters remain secret and private.
(11) That, mindful of the right of individuals to privacy
and of the desirability of the efficient administration of government, full access to information concerning the conduct of
government on every level must be assured as a fundamental
and necessary precondition to the sound governance of a free
society.
42.17.010
[Title 42 RCW—page 11]
42.17.020
Title 42 RCW: Public Officers and Agencies
The provisions of this chapter shall be liberally construed to promote complete disclosure of all information
respecting the financing of political campaigns and lobbying,
and the financial affairs of elected officials and candidates,
and full access to public records so as to assure continuing
public confidence of fairness of elections and governmental
processes, and so as to assure that the public interest will be
fully protected. In promoting such complete disclosure, however, this chapter shall be enforced so as to insure that the
information disclosed will not be misused for arbitrary and
capricious purposes and to insure that all persons reporting
under this chapter will be protected from harassment and
unfounded allegations based on information they have freely
disclosed. [1975 1st ex.s. c 294 § 1; 1973 c 1 § 1 (Initiative
Measure No. 276, approved November 7, 1972).]
42.17.020 Definitions. (Effective until January 1,
2012.) The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local
agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state
agency. "Local agency" includes every county, city, town,
municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division,
bureau, board, commission, or agency thereof, or other local
public agency.
(3) "Authorized committee" means the political committee authorized by a candidate, or by the public official against
whom recall charges have been filed, to accept contributions
or make expenditures on behalf of the candidate or public
official.
(4) "Ballot proposition" means any "measure" as defined
by RCW 29A.04.091, or any initiative, recall, or referendum
proposition proposed to be submitted to the voters of the state
or any municipal corporation, political subdivision, or other
voting constituency from and after the time when the proposition has been initially filed with the appropriate election
officer of that constituency prior to its circulation for signatures.
(5) "Benefit" means a commercial, proprietary, financial,
economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
(6) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of
nomination with the secretary of state under chapter 29A.20
RCW;
(b) The governing body of the state organization of a
major political party, as defined in RCW 29A.04.086, that is
the body authorized by the charter or bylaws of the party to
exercise authority on behalf of the state party; or
(c) The county central committee or legislative district
committee of a major political party. There may be only one
legislative district committee for each party in each legislative district.
(7) "Depository" means a bank designated by a candidate
or political committee pursuant to RCW 42.17.050.
42.17.020
[Title 42 RCW—page 12]
(8) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that
section.
(9) "Candidate" means any individual who seeks nomination for election or election to public office. An individual
seeks nomination or election when he or she first:
(a) Receives contributions or makes expenditures or
reserves space or facilities with intent to promote his or her
candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast
time to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on
behalf of the individual any of the actions in (a) or (c) of this
subsection.
(10) "Caucus political committee" means a political
committee organized and maintained by the members of a
major political party in the state senate or state house of representatives.
(11) "Commercial advertiser" means any person who
sells the service of communicating messages or producing
printed material for broadcast or distribution to the general
public or segments of the general public whether through the
use of newspapers, magazines, television and radio stations,
billboard companies, direct mail advertising companies,
printing companies, or otherwise.
(12) "Commission" means the agency established under
RCW 42.17.350.
(13) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for
the purpose of compliance with RCW 42.17.241, the term
"compensation" shall not include per diem allowances or
other payments made by a governmental entity to reimburse
a public official for expenses incurred while the official is
engaged in the official business of the governmental entity.
(14) "Continuing political committee" means a political
committee that is an organization of continuing existence not
established in anticipation of any particular election campaign.
(15)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of
indebtedness, donation, advance, pledge, payment, transfer
of funds between political committees, or anything of value,
including personal and professional services for less than full
consideration;
(ii) An expenditure made by a person in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate, a political committee, the person or persons
named on the candidate’s or committee’s registration form
who direct expenditures on behalf of the candidate or committee, or their agents;
(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast,
written, graphic, or other form of political advertising or electioneering communication prepared by a candidate, a political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as
dinners and parties, except for the actual cost of the consumables furnished at the event.
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political
committee’s account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political
committee that is returned to the contributor within five business days of the date on which it is received by the candidate
or political committee;
(iv) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is of primary interest
to the general public, that is in a news medium controlled by
a person whose business is that news medium, and that is not
controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to the members of or contributors to a political party
organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar
enterprise, or to the members of a labor organization or other
membership organization;
(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign
workers not in excess of fifty dollars personally paid for by
the worker. "Volunteer services," for the purposes of this
section, means services or labor for which the individual is
not compensated by any person;
(vii) Messages in the form of reader boards, banners, or
yard or window signs displayed on a person’s own property
or property occupied by a person. However, a facility used
for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and
counts towards any applicable contribution limit of the person providing the facility;
(viii) Legal or accounting services rendered to or on
behalf of:
(A) A political party or caucus political committee if the
person paying for the services is the regular employer of the
person rendering such services; or
(B) A candidate or an authorized committee if the person
paying for the services is the regular employer of the individual rendering the services and if the services are solely for the
purpose of ensuring compliance with state election or public
disclosure laws; or
(ix) The performance of ministerial functions by a person on behalf of two or more candidates or political committees either as volunteer services defined in (b)(vi) of this subsection or for payment by the candidate or political committee for whom the services are performed as long as:
(A) The person performs solely ministerial functions;
(B) A person who is paid by two or more candidates or
political committees is identified by the candidates and political committees on whose behalf services are performed as
part of their respective statements of organization under
RCW 42.17.040; and
(C) The person does not disclose, except as required by
law, any information regarding a candidate’s or committee’s
plans, projects, activities, or needs, or regarding a candidate’s
or committee’s contributions or expenditures that is not
already publicly available from campaign reports filed with
the commission, or otherwise engage in activity that constitutes a contribution under (a)(ii) of this subsection.
(2010 Ed.)
42.17.020
A person who performs ministerial functions under this
subsection (15)(b)(ix) is not considered an agent of the candidate or committee as long as he or she has no authority to
authorize expenditures or make decisions on behalf of the
candidate or committee.
(c) Contributions other than money or its equivalent are
deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights
furnished at less than their fair market value for the purpose
of assisting any candidate or political committee are deemed
a contribution. Such a contribution must be reported as an inkind contribution at its fair market value and counts towards
any applicable contribution limit of the provider.
(16) "Elected official" means any person elected at a
general or special election to any public office, and any person appointed to fill a vacancy in any such office.
(17) "Election" includes any primary, general, or special
election for public office and any election in which a ballot
proposition is submitted to the voters: PROVIDED, That an
election in which the qualifications for voting include other
than those requirements set forth in Article VI, section 1
(Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this
chapter.
(18) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public
office and any campaign in support of, or in opposition to, a
ballot proposition.
(19) "Election cycle" means the period beginning on the
first day of January after the date of the last previous general
election for the office that the candidate seeks and ending on
December 31st after the next election for the office. In the
case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the
vacancy occurs and ending on December 31st after the special election.
(20) "Electioneering communication" means any broadcast, cable, or satellite television or radio transmission,
United States postal service mailing, billboard, newspaper, or
periodical that:
(a) Clearly identifies a candidate for a state, local, or
judicial office either by specifically naming the candidate, or
identifying the candidate without using the candidate’s name;
(b) Is broadcast, transmitted, mailed, erected, distributed, or otherwise published within sixty days before any
election for that office in the jurisdiction in which the candidate is seeking election; and
(c) Either alone, or in combination with one or more
communications identifying the candidate by the same sponsor during the sixty days before an election, has a fair market
value of five thousand dollars or more.
(21) "Electioneering communication" does not include:
(a) Usual and customary advertising of a business owned
by a candidate, even if the candidate is mentioned in the
advertising when the candidate has been regularly mentioned
in that advertising appearing at least twelve months preceding his or her becoming a candidate;
(b) Advertising for candidate debates or forums when the
advertising is paid for by or on behalf of the debate or forum
sponsor, so long as two or more candidates for the same position have been invited to participate in the debate or forum;
[Title 42 RCW—page 13]
42.17.020
Title 42 RCW: Public Officers and Agencies
(c) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is:
(i) Of primary interest to the general public;
(ii) In a news medium controlled by a person whose
business is that news medium; and
(iii) Not a medium controlled by a candidate or a political committee;
(d) Slate cards and sample ballots;
(e) Advertising for books, films, dissertations, or similar
works (i) written by a candidate when the candidate entered
into a contract for such publications or media at least twelve
months before becoming a candidate, or (ii) written about a
candidate;
(f) Public service announcements;
(g) A mailed internal political communication primarily
limited to the members of or contributors to a political party
organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar
enterprise, or to the members of a labor organization or other
membership organization;
(h) An expenditure by or contribution to the authorized
committee of a candidate for state, local, or judicial office; or
(i) Any other communication exempted by the commission through rule consistent with the intent of this chapter.
(22) "Expenditure" includes a payment, contribution,
subscription, distribution, loan, advance, deposit, or gift of
money or anything of value, and includes a contract, promise,
or agreement, whether or not legally enforceable, to make an
expenditure. The term "expenditure" also includes a promise
to pay, a payment, or a transfer of anything of value in
exchange for goods, services, property, facilities, or anything
of value for the purpose of assisting, benefiting, or honoring
any public official or candidate, or assisting in furthering or
opposing any election campaign. For the purposes of this
chapter, agreements to make expenditures, contracts, and
promises to pay may be reported as estimated obligations
until actual payment is made. The term "expenditure" shall
not include the partial or complete repayment by a candidate
or political committee of the principal of a loan, the receipt of
which loan has been properly reported.
(23) "Final report" means the report described as a final
report in RCW 42.17.080(2).
(24) "General election" for the purposes of RCW
42.17.640 means the election that results in the election of a
person to a state office. It does not include a primary.
(25) "Gift," is as defined in RCW 42.52.010.
(26) "Immediate family" includes the spouse or domestic
partner, dependent children, and other dependent relatives, if
living in the household. For the purposes of RCW 42.17.640
through 42.17.790, "immediate family" means an individual’s spouse or domestic partner, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother,
sister, or half sister of the individual and the spouse or the
domestic partner of any such person and a child, stepchild,
grandchild, parent, stepparent, grandparent, brother, half
brother, sister, or half sister of the individual’s spouse or
domestic partner and the spouse or the domestic partner of
any such person.
(27) "Incumbent" means a person who is in present possession of an elected office.
[Title 42 RCW—page 14]
(28) "Independent expenditure" means an expenditure
that has each of the following elements:
(a) It is made in support of or in opposition to a candidate
for office by a person who is not (i) a candidate for that office,
(ii) an authorized committee of that candidate for that office,
(iii) a person who has received the candidate’s encouragement or approval to make the expenditure, if the expenditure
pays in whole or in part for political advertising supporting
that candidate or promoting the defeat of any other candidate
or candidates for that office, or (iv) a person with whom the
candidate has collaborated for the purpose of making the
expenditure, if the expenditure pays in whole or in part for
political advertising supporting that candidate or promoting
the defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political
advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies
the candidate without using the candidate’s name; and
(c) The expenditure, alone or in conjunction with another
expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of *five
hundred dollars or more. A series of expenditures, each of
which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred
dollars or more.
(29)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another
person unless the contribution is from the individual’s
employer, immediate family as defined for purposes of RCW
42.17.640 through 42.17.790, or an association to which the
individual belongs.
(b) A treasurer or a candidate is not an intermediary for
purposes of the committee that the treasurer or candidate
serves.
(c) A professional fund-raiser is not an intermediary if
the fund-raiser is compensated for fund-raising services at the
usual and customary rate.
(d) A volunteer hosting a fund-raising event at the individual’s home is not an intermediary for purposes of that
event.
(30) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any
other matter that may be the subject of action by either house
or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval
by the governor.
(31) "Lobby" and "lobbying" each mean attempting to
influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment
of any state agency under the state Administrative Procedure
Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying"
includes an association’s or other organization’s act of communicating with the members of that association or organization.
(32) "Lobbyist" includes any person who lobbies either
in his or her own or another’s behalf.
(33) "Lobbyist’s employer" means the person or persons
by whom a lobbyist is employed and all persons by whom he
or she is compensated for acting as a lobbyist.
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
(34) "Ministerial functions" means an act or duty carried
out as part of the duties of an administrative office without
exercise of personal judgment or discretion.
(35) "Participate" means that, with respect to a particular
election, an entity:
(a) Makes either a monetary or in-kind contribution to a
candidate;
(b) Makes an independent expenditure or electioneering
communication in support of or opposition to a candidate;
(c) Endorses a candidate prior to contributions being
made by a subsidiary corporation or local unit with respect to
that candidate or that candidate’s opponent;
(d) Makes a recommendation regarding whether a candidate should be supported or opposed prior to a contribution
being made by a subsidiary corporation or local unit with
respect to that candidate or that candidate’s opponent; or
(e) Directly or indirectly collaborates or consults with a
subsidiary corporation or local unit on matters relating to the
support of or opposition to a candidate, including, but not
limited to, the amount of a contribution, when a contribution
should be given, and what assistance, services or independent
expenditures, or electioneering communications, if any, will
be made or should be made in support of or opposition to a
candidate.
(36) "Person" includes an individual, partnership, joint
venture, public or private corporation, association, federal,
state, or local governmental entity or agency however constituted, candidate, committee, political committee, political
party, executive committee thereof, or any other organization
or group of persons, however organized.
(37) "Person in interest" means the person who is the
subject of a record or any representative designated by that
person, except that if that person is under a legal disability,
the term "person in interest" means and includes the parent or
duly appointed legal representative.
(38) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles,
tabloids, flyers, letters, radio or television presentations, or
other means of mass communication, used for the purpose of
appealing, directly or indirectly, for votes or for financial or
other support or opposition in any election campaign.
(39) "Political committee" means any person (except a
candidate or an individual dealing with his or her own funds
or property) having the expectation of receiving contributions
or making expenditures in support of, or opposition to, any
candidate or any ballot proposition.
(40) "Primary" for the purposes of RCW 42.17.640
means the procedure for nominating a candidate to state
office under chapter 29A.52 RCW or any other primary for
an election that uses, in large measure, the procedures established in chapter 29A.52 RCW.
(41) "Public office" means any federal, state, judicial,
county, city, town, school district, port district, special district, or other state political subdivision elective office.
(42) "Public record" includes any writing containing
information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics. For the office
of the secretary of the senate and the office of the chief clerk
of the house of representatives, public records means legisla(2010 Ed.)
42.17.020
tive records as defined in RCW 40.14.100 and also means the
following: All budget and financial records; personnel leave,
travel, and payroll records; records of legislative sessions;
reports submitted to the legislature; and any other record designated a public record by any official action of the senate or
the house of representatives.
(43) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW
29A.56.120 and ending thirty days after the recall election.
(44) "Sponsor of an electioneering communications,
independent expenditures, or political advertising" means the
person paying for the electioneering communication, independent expenditure, or political advertising. If a person acts
as an agent for another or is reimbursed by another for the
payment, the original source of the payment is the sponsor.
(45) "State legislative office" means the office of a member of the state house of representatives or the office of a
member of the state senate.
(46) "State office" means state legislative office or the
office of governor, lieutenant governor, secretary of state,
attorney general, commissioner of public lands, insurance
commissioner, superintendent of public instruction, state
auditor, or state treasurer.
(47) "State official" means a person who holds a state
office.
(48) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain
in the possession or control of that committee or candidate
subsequent to the election for which the contributions were
received, and that are in excess of the amount necessary to
pay remaining debts incurred by the committee or candidate
prior to that election. In the case of a continuing political
committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in
excess of the amount necessary to pay all remaining debts
when it makes its final report under RCW 42.17.065.
(49) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of
recording any form of communication or representation,
including, but not limited to, letters, words, pictures, sounds,
or symbols, or combination thereof, and all papers, maps,
magnetic or paper tapes, photographic films and prints,
motion picture, film and video recordings, magnetic or
punched cards, discs, drums, diskettes, sound recordings, and
other documents including existing data compilations from
which information may be obtained or translated.
As used in this chapter, the singular shall take the plural
and any gender, the other, as the context requires. [2008 c 6
§ 201. Prior: 2007 c 358 § 1; 2007 c 180 § 1; 2005 c 445 §
6; 2002 c 75 § 1; 1995 c 397 § 1; 1992 c 139 § 1; 1991 sp.s. c
18 § 1; 1990 c 139 § 2; prior: 1989 c 280 § 1; 1989 c 175 §
89; 1984 c 34 § 5; 1979 ex.s. c 50 § 1; 1977 ex.s. c 313 § 1;
1975 1st ex.s. c 294 § 2; 1973 c 1 § 2 (Initiative Measure No.
276, approved November 7, 1972).]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17.690. For current dollar amounts, see chapter 390-05 of the Washington Administrative Code (WAC).
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
[Title 42 RCW—page 15]
42.17.030
Title 42 RCW: Public Officers and Agencies
Effective date—2007 c 358: "This act takes effect January 1, 2008."
[2007 c 358 § 4.]
Legislative intent—1990 c 139: "The provisions of this act which
repeal the reporting requirements established by chapter 423, Laws of 1987
for registered lobbyists and employers of lobbyists are not intended to alter,
expand, or restrict whatsoever the definition of "lobby" or "lobbying" contained in RCW 42.17.020 as it existed prior to the enactment of chapter 423,
Laws of 1987." [1990 c 139 § 1.]
Additional notes found at www.leg.wa.gov
CAMPAIGN FINANCING
42.17.030 Applicability—Exceptions. (Effective until
January 1, 2012.) The provisions of this chapter relating to
the financing of election campaigns shall apply in all election
campaigns other than (1) for precinct committee officer; (2)
for a federal elective office; and (3) for an office of a political
subdivision of the state that does not encompass a whole
county and that contains fewer than five thousand registered
voters as of the date of the most recent general election in the
subdivision, unless required by RCW 42.17.405 (2) through
(5) and (7). [2006 c 240 § 1; 1987 c 295 § 18; 1986 c 12 § 1;
1985 c 367 § 2; 1977 ex.s. c 313 § 2; 1973 c 1 § 3 (Initiative
Measure No. 276, approved November 7, 1972).]
42.17.030
Cemetery district commissioners exempt from chapter: RCW 68.52.140,
68.52.220.
Additional notes found at www.leg.wa.gov
42.17.035 Conservation district exception. (Effective
until January 1, 2012.) Elections of conservation district
supervisors held pursuant to chapter 89.08 RCW shall not be
considered general or special elections for purposes of the
campaign disclosure and personal financial affairs reporting
requirements of this chapter. Elected conservation district
supervisors are not considered elected officials for purposes
of the annual personal financial affairs reporting requirement
of this chapter. [2002 c 43 § 4.]
42.17.035
Intent—Effective date—2002 c 43: See notes following RCW
29A.04.330.
42.17.040 Statement of organization by political
committees. (Effective until January 1, 2012.) (1) Every
political committee, within two weeks after its organization
or, within two weeks after the date when it first has the expectation of receiving contributions or making expenditures in
any election campaign, whichever is earlier, shall file a statement of organization with the commission. A political committee organized within the last three weeks before an election and having the expectation of receiving contributions or
making expenditures during and for that election campaign
shall file a statement of organization within three business
days after its organization or when it first has the expectation
of receiving contributions or making expenditures in the election campaign.
(2) The statement of organization shall include but not be
limited to:
(a) The name and address of the committee;
(b) The names and addresses of all related or affiliated
committees or other persons, and the nature of the relationship or affiliation;
42.17.040
[Title 42 RCW—page 16]
(c) The names, addresses, and titles of its officers; or if it
has no officers, the names, addresses, and titles of its responsible leaders;
(d) The name and address of its treasurer and depository;
(e) A statement whether the committee is a continuing
one;
(f) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or opposing,
and, if the committee is supporting the entire ticket of any
party, the name of the party;
(g) The ballot proposition concerned, if any, and whether
the committee is in favor of or opposed to such proposition;
(h) What distribution of surplus funds will be made, in
accordance with RCW 42.17.095, in the event of dissolution;
(i) The street address of the place and the hours during
which the committee will make available for public inspection its books of account and all reports filed in accordance
with RCW 42.17.080;
(j) Such other information as the commission may by
regulation prescribe, in keeping with the policies and purposes of this chapter;
(k) The name, address, and title of any person who
authorizes expenditures or makes decisions on behalf of the
candidate or committee; and
(l) The name, address, and title of any person who is paid
by or is a volunteer for a candidate or political committee to
perform ministerial functions and who performs ministerial
functions on behalf of two or more candidates or committees.
(3) Any material change in information previously submitted in a statement of organization shall be reported to the
commission within the ten days following the change. [2010
c 205 § 1; 2007 c 358 § 2; 1989 c 280 § 2; 1982 c 147 § 1;
1977 ex.s. c 336 § 1; 1975 1st ex.s. c 294 § 3; 1973 c 1 § 4
(Initiative Measure No. 276, approved November 7, 1972).]
Effective date—2007 c 358: See note following RCW 42.17.020.
Additional notes found at www.leg.wa.gov
42.17.050 Treasurer—Depositories. (Effective until
January 1, 2012.) (1) Each candidate, within two weeks
after becoming a candidate, and each political committee, at
the time it is required to file a statement of organization, shall
designate and file with the commission the names and
addresses of:
(a) One legally competent individual, who may be the
candidate, to serve as a treasurer; and
(b) A bank, mutual savings bank, savings and loan association, or credit union doing business in this state to serve as
depository and the name of the account or accounts maintained in it.
(2) A candidate, a political committee, or a treasurer may
appoint as many deputy treasurers as is considered necessary
and may designate not more than one additional depository in
each other county in which the campaign is conducted. The
candidate or political committee shall file the names and
addresses of the deputy treasurers and additional depositories
with the commission.
(3) A candidate may not knowingly establish, use, direct,
or control more than one political committee for the purpose
of supporting that candidate during a particular election campaign. This does not prohibit: (a) In addition to a candidate’s
42.17.050
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
having his or her own political committee, the candidate’s
participation in a political committee established to support a
slate of candidates which includes the candidate; or (b) joint
fund-raising efforts by candidates when a separate political
committee is established for that purpose and all contributions are disbursed to and accounted for on a pro rata basis by
the benefiting candidates.
(4)(a) A candidate or political committee may at any
time remove a treasurer or deputy treasurer or change a designated depository.
(b) In the event of the death, resignation, removal, or
change of a treasurer, deputy treasurer, or depository, the
candidate or political committee shall designate and file with
the commission the name and address of any successor.
(5) No treasurer, deputy treasurer, or depository may be
deemed to be in compliance with the provisions of this chapter until his name and address is filed with the commission.
[2010 c 205 § 2; 1989 c 280 § 3; 1985 c 367 § 3; 1982 c 147
§ 2; 1973 c 1 § 5 (Initiative Measure No. 276, approved
November 7, 1972).]
Additional notes found at www.leg.wa.gov
42.17.060 Deposit of contributions—Investment—
Unidentified contributions—Cash contributions. (Effective until January 1, 2012.) (1) All monetary contributions
received by a candidate or political committee shall be deposited by the treasurer or deputy treasurer in a depository in an
account established and designated for that purpose. Such
deposits shall be made within five business days of receipt of
the contribution.
(2) Political committees which support or oppose more
than one candidate or ballot proposition, or exist for more
than one purpose, may maintain multiple separate bank
accounts within the same designated depository for such purpose: PROVIDED, That each such account shall bear the
same name followed by an appropriate designation which
accurately identifies its separate purpose: AND PROVIDED
FURTHER, That transfers of funds which must be reported
under RCW 42.17.090(1)(e) may not be made from more
than one such account.
(3) Nothing in this section prohibits a candidate or political committee from investing funds on hand in a depository
in bonds, certificates, tax-exempt securities, or savings
accounts or other similar instruments in financial institutions
or mutual funds other than the depository: PROVIDED, That
the commission is notified in writing of the initiation and the
termination of the investment: PROVIDED FURTHER,
That the principal of such investment when terminated
together with all interest, dividends, and income derived from
the investment are deposited in the depository in the account
from which the investment was made and properly reported
to the commission prior to any further disposition or expenditure thereof.
(4) Accumulated unidentified contributions, other than
those made by persons whose names must be maintained on
a separate and private list by a political committee’s treasurer
pursuant to RCW 42.17.090(1)(b), which total in excess of
one percent of the total accumulated contributions received in
the current calendar year or three hundred dollars (whichever
is more), may not be deposited, used, or expended, but shall
42.17.060
(2010 Ed.)
42.17.065
be returned to the donor, if his identity can be ascertained. If
the donor cannot be ascertained, the contribution shall
escheat to the state, and shall be paid to the state treasurer for
deposit in the state general fund.
(5) A contribution of more than fifty dollars in currency
may not be accepted unless a receipt, signed by the contributor and by the candidate, treasurer, or deputy treasurer, is prepared and made a part of the campaign’s or political committee’s financial records. [2010 c 205 § 3; 1989 c 280 § 4; 1987
c 268 § 1; 1985 c 367 § 4; 1982 c 147 § 3; 1977 ex.s. c 313 §
3; 1975 1st ex.s. c 294 § 4; 1973 c 1 § 6 (Initiative Measure
No. 276, approved November 7, 1972).]
Additional notes found at www.leg.wa.gov
42.17.065 Filing and reporting by continuing political committee. (Effective until January 1, 2012.) (1) In
addition to the provisions of this section, a continuing political committee shall file and report on the same conditions and
at the same times as any other committee in accordance with
the provisions of RCW 42.17.040, 42.17.050, and 42.17.060.
(2) A continuing political committee shall file with the
commission a report on the tenth day of the month detailing
its activities for the preceding calendar month in which the
committee has received a contribution or made an expenditure. However, such report shall only be filed if either the
total contributions received or total expenditures made since
the last such report exceed two hundred dollars. The report
shall be on a form supplied by the commission and shall
include the following information:
(a) The information required by RCW 42.17.090;
(b) Each expenditure made to retire previously accumulated debts of the committee; identified by recipient, amount,
and date of payments;
(c) Such other information as the commission shall by
rule prescribe.
(3) If a continuing political committee shall make a contribution in support of or in opposition to a candidate or ballot
proposition within sixty days prior to the date on which such
candidate or ballot proposition will be voted upon, such continuing political committee shall report pursuant to RCW
42.17.080.
(4) A continuing political committee shall file reports as
required by this chapter until it is dissolved, at which time a
final report shall be filed. Upon submitting a final report, the
duties of the treasurer shall cease and there shall be no obligation to make any further reports.
(5) The treasurer shall maintain books of account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt or expenditure.
During the eight days immediately preceding the date of any
election, for which the committee has received any contributions or made any expenditures, the books of account shall be
kept current within one business day and shall be open for
public inspection in the same manner as provided for candidates and other political committees in *RCW 42.17.080(5).
(6) All reports filed pursuant to this section shall be certified as correct by the treasurer.
(7) The treasurer shall preserve books of account, bills,
receipts, and all other financial records of the campaign or
political committee for not less than five calendar years fol42.17.065
[Title 42 RCW—page 17]
42.17.067
Title 42 RCW: Public Officers and Agencies
lowing the year during which the transaction occurred. [2010
c 205 § 4; 2000 c 237 § 1; 1989 c 280 § 5; 1982 c 147 § 4;
1975 1st ex.s. c 294 § 5.]
*Reviser’s note: RCW 42.17.080 was amended by 2010 c 205 § 6,
changing subsection (5) to subsection (4).
Additional notes found at www.leg.wa.gov
42.17.067 Fund-raising activities—Alternative
reporting method. (Effective until January 1, 2012.) (1)
Fund-raising activities which meet the standards of subsection (2) of this section may be reported in accordance with the
provisions of this section in lieu of reporting in accordance
with RCW 42.17.080.
(2) Standards:
(a) The activity consists of one or more of the following:
(i) The retail sale of goods or services at a reasonable
approximation of the fair market value of each item or service
sold at the activity; or
(ii) A gambling operation which is licensed, conducted,
or operated in accordance with the provisions of chapter 9.46
RCW; or
(iii) A gathering where food and beverages are purchased, where the price of admission or the food and beverages is no more than twenty-five dollars; or
(iv) A concert, dance, theater performance, or similar
entertainment event where the price of admission is no more
than twenty-five dollars; or
(v) An auction or similar sale where the total fair market
value of items donated by any person for sale is no more than
fifty dollars; and
(b) No person responsible for receiving money at such
activity knowingly accepts payments from a single person at
or from such an activity to the candidate or committee aggregating more than fifty dollars unless the name and address of
the person making such payment together with the amount
paid to the candidate or committee are disclosed in the report
filed pursuant to subsection (6) of this section; and
(c) Such other standards as shall be established by rule of
the commission to prevent frustration of the purposes of this
chapter.
(3) All funds received from a fund-raising activity which
conforms with subsection (2) of this section shall be deposited within five business days of receipt by the treasurer or
deputy treasurer in the depository.
(4) At the time reports are required under RCW
42.17.080, the treasurer or deputy treasurer making the
deposit shall file with the commission a report of the fundraising activity which shall contain the following information:
(a) The date of the activity;
(b) A precise description of the fund-raising methods
used in the activity; and
(c) The total amount of cash receipts from persons, each
of whom paid no more than fifty dollars.
(5) The treasurer or deputy treasurer shall certify the
report is correct.
(6) The treasurer shall report pursuant to RCW
42.17.080 and 42.17.090: (a) The name and address and the
amount contributed of each person who contributes goods or
services with a fair market value of more than fifty dollars to
a fund-raising activity reported under subsection (4) of this
section, and (b) the name and address of each person whose
identity can be ascertained, and the amount paid, from whom
were knowingly received payments to the candidate or committee aggregating more than fifty dollars at or from such a
fund-raising activity. [2010 c 205 § 5; 1989 c 280 § 6; 1982
c 147 § 5; 1975-’76 2nd ex.s. c 112 § 9.]
Additional notes found at www.leg.wa.gov
42.17.067
[Title 42 RCW—page 18]
42.17.070 Expenditures—Authorization of and
restrictions on. (Effective until January 1, 2012.) No
expenditures may be made or incurred by any candidate or
political committee except on the authority of the candidate
or the person or persons named on the candidate’s or committee’s registration form, and a record of all such expenditures
shall be maintained by the treasurer.
No expenditure of more than fifty dollars may be made
in currency unless a receipt, signed by the recipient and by
the candidate or treasurer, is prepared and made a part of the
campaign’s or political committee’s financial records. [2007
c 358 § 3; 1989 c 280 § 7; 1985 c 367 § 5; 1973 c 1 § 7 (Initiative Measure No. 276, approved November 7, 1972).]
42.17.070
Effective date—2007 c 358: See note following RCW 42.17.020.
Additional notes found at www.leg.wa.gov
42.17.080 Reporting of contributions and expenditures—Public inspection of accounts. (Effective until January 1, 2012.) (1) On the day the treasurer is designated,
each candidate or political committee shall file with the commission, in addition to any statement of organization required
under RCW 42.17.040 or 42.17.050, a report of all contributions received and expenditures made prior to that date, if
any.
(2) At the following intervals each treasurer shall file
with the commission a report containing the information
required by RCW 42.17.090:
(a) On the twenty-first day and the seventh day immediately preceding the date on which the election is held; and
(b) On the tenth day of the first month after the election;
and
(c) On the tenth day of each month in which no other
reports are required to be filed under this section. However,
such report shall only be filed if the committee has received a
contribution or made an expenditure in the preceding calendar month and either the total contributions received or total
expenditures made since the last such report exceed two hundred dollars.
When there is no outstanding debt or obligation, and the
campaign fund is closed, and the campaign is concluded in all
respects, and in the case of a political committee, the committee has ceased to function and has dissolved, the treasurer
shall file a final report. Upon submitting a final report, the
duties of the treasurer shall cease and there shall be no obligation to make any further reports.
The report filed twenty-one days before the election shall
report all contributions received and expenditures made as of
the end of one business day before the date of the report. The
report filed seven days before the election shall report all contributions received and expenditures made as of the end of
one business day before the date of the report. Reports filed
on the tenth day of the month shall report all contributions
42.17.080
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
received and expenditures made from the closing date of the
last report filed through the last day of the month preceding
the date of the current report.
(3) For the period beginning the first day of the fourth
month preceding the date on which the special election is
held, or for the period beginning the first day of the fifth
month before the date on which the general election is held,
and ending on the date of that special or general election,
each Monday the treasurer shall file with the commission a
report of each bank deposit made during the previous seven
calendar days. The report shall contain the name of each person contributing the funds so deposited and the amount contributed by each person. However, contributions of no more
than twenty-five dollars in the aggregate from any one person
may be deposited without identifying the contributor. A copy
of the report shall be retained by the treasurer for his or her
records. In the event of deposits made by a deputy treasurer,
the copy shall be forwarded to the treasurer for his or her
records. Each report shall be certified as correct by the treasurer or deputy treasurer making the deposit.
(4) The treasurer or candidate shall maintain books of
account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt or
expenditure. During the eight days immediately preceding
the date of the election the books of account shall be kept current within one business day. As specified in the committee’s
statement of organization filed under RCW 42.17.040, the
books of account must be open for public inspection by
appointment at the designated place for inspections between
8:00 a.m. and 8:00 p.m. on any day from the eighth day
immediately before the election through the day immediately
before the election, other than Saturday, Sunday, or a legal
holiday. It is a violation of this chapter for a candidate or
political committee to refuse to allow and keep an appointment for an inspection to be conducted during these authorized times and days. The appointment must be allowed at an
authorized time and day for such inspections that is within
twenty-four hours of the time and day that is requested for the
inspection.
(5) The treasurer or candidate shall preserve books of
account, bills, receipts, and all other financial records of the
campaign or political committee for not less than five calendar years following the year during which the transaction
occurred.
(6) All reports filed pursuant to subsection (1) or (2) of
this section shall be certified as correct by the candidate and
the treasurer.
(7) Copies of all reports filed pursuant to this section
shall be readily available for public inspection for at least two
consecutive hours Monday through Friday, excluding legal
holidays, between 8:00 a.m. and 8:00 p.m., as specified in the
committee’s statement of organization filed pursuant to
*RCW 42.17.040, at the principal headquarters or, if there is
no headquarters, at the address of the treasurer or such other
place as may be authorized by the commission.
(8) The commission shall adopt administrative rules
establishing requirements for filer participation in any system
designed and implemented by the commission for the electronic filing of reports. [2010 c 205 § 6; 2008 c 73 § 1; 2006
c 344 § 30; 2005 c 184 § 1; 2002 c 75 § 2; 2000 c 237 § 2;
1999 c 401 § 13; 1995 c 397 § 2; 1989 c 280 § 8; 1986 c 28 §
(2010 Ed.)
42.17.090
1; 1982 c 147 § 6; 1975 1st ex.s. c 294 § 6; 1973 c 1 § 8 (Initiative Measure No. 276, approved November 7, 1972).]
*Reviser’s note: RCW 42.17.040 was recodified as RCW 42.17A.205
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Additional notes found at www.leg.wa.gov
42.17.090 Contents of report. (Effective until January 1, 2012.) (1) Each report required under RCW 42.17.080
(1) and (2) shall disclose the following:
(a) The funds on hand at the beginning of the period;
(b) The name and address of each person who has made
one or more contributions during the period, together with the
money value and date of such contributions and the aggregate
value of all contributions received from each such person
during the campaign or in the case of a continuing political
committee, the current calendar year: PROVIDED, That
pledges in the aggregate of less than one hundred dollars
from any one person need not be reported: PROVIDED
FURTHER, That the income which results from a fund-raising activity conducted in accordance with RCW 42.17.067
may be reported as one lump sum, with the exception of that
portion of such income which was received from persons
whose names and addresses are required to be included in the
report required by RCW 42.17.067: PROVIDED FURTHER, That contributions of no more than twenty-five dollars in the aggregate from any one person during the election
campaign may be reported as one lump sum so long as the
campaign treasurer maintains a separate and private list of the
name, address, and amount of each such contributor: PROVIDED FURTHER, That the money value of contributions
of postage shall be the face value of such postage;
(c) Each loan, promissory note, or security instrument to
be used by or for the benefit of the candidate or political committee made by any person, together with the names and
addresses of the lender and each person liable directly, indirectly or contingently and the date and amount of each such
loan, promissory note, or security instrument;
(d) All other contributions not otherwise listed or
exempted;
(e) The name and address of each candidate or political
committee to which any transfer of funds was made, together
with the amounts and dates of such transfers;
(f) The name and address of each person to whom an
expenditure was made in the aggregate amount of more than
fifty dollars during the period covered by this report, and the
amount, date, and purpose of each such expenditure. A candidate for state executive or state legislative office or the
political committee of such a candidate shall report this information for an expenditure under one of the following categories, whichever is appropriate: (i) Expenditures for the election of the candidate; (ii) expenditures for nonreimbursed
public office-related expenses; (iii) expenditures required to
be reported under (e) of this subsection; or (iv) expenditures
of surplus funds and other expenditures. The report of such a
candidate or committee shall contain a separate total of
expenditures for each category and a total sum of all expenditures. Other candidates and political committees need not
report information regarding expenditures under the categories listed in (i) through (iv) of this subsection or under simi42.17.090
[Title 42 RCW—page 19]
42.17.093
Title 42 RCW: Public Officers and Agencies
lar such categories unless required to do so by the commission by rule. The report of such an other candidate or committee shall also contain the total sum of all expenditures;
(g) The name and address of each person to whom any
expenditure was made directly or indirectly to compensate
the person for soliciting or procuring signatures on an initiative or referendum petition, the amount of such compensation
to each such person, and the total of the expenditures made
for this purpose. Such expenditures shall be reported under
this subsection (1)(g) whether the expenditures are or are not
also required to be reported under (f) of this subsection;
(h) The name and address of any person and the amount
owed for any debt, obligation, note, unpaid loan, or other liability in the amount of more than two hundred fifty dollars or
in the amount of more than fifty dollars that has been outstanding for over thirty days;
(i) The surplus or deficit of contributions over expenditures;
(j) The disposition made in accordance with RCW
42.17.095 of any surplus funds; and
(k) Such other information as shall be required by the
commission by rule in conformance with the policies and
purposes of this chapter.
(2) The treasurer and the candidate shall certify the correctness of each report. [2003 c 123 § 1; 1993 c 256 § 6; 1989
c 280 § 9. Prior: 1986 c 228 § 1; 1986 c 12 § 2; 1983 c 96 §
1; 1982 c 147 § 7; 1977 ex.s. c 336 § 2; 1975-’76 2nd ex.s. c
112 § 3; 1975 1st ex.s. c 294 § 7; 1973 c 1 § 9 (Initiative Measure No. 276, approved November 7, 1972).]
Appearance of fairness doctrine—Application to candidates for public
office—Campaign contributions: RCW 42.36.040, 42.36.050.
Additional notes found at www.leg.wa.gov
year, together with the money value and date of such contributions;
(g) The name, address, and employer of each person or
corporation residing outside the state of Washington who has
made one or more contributions in the aggregate of more than
two thousand five hundred dollars to the out-of-state committee during the current calendar year, together with the money
value and date of such contributions. Annually, the commission must modify the two thousand five hundred dollar limit
in this subsection based on percentage change in the implicit
price deflator for personal consumption expenditures for the
United States as published for the most recent twelve-month
period by the bureau of economic analysis of the federal
department of commerce;
(h) The name and address of each person in the state of
Washington to whom an expenditure was made by the out-ofstate committee with respect to a candidate or political committee in the aggregate amount of more than fifty dollars, the
amount, date, and purpose of such expenditure, and the total
sum of such expenditures; and
(i) Such other information as the commission may prescribe by rule in keeping with the policies and purposes of
this chapter.
(2) Each statement shall be filed no later than the tenth
day of the month following any month in which a contribution or other expenditure reportable under subsection (1) of
this section is made. An out-of-state committee incurring an
obligation to file additional statements in a calendar year may
satisfy the obligation by timely filing reports that supplement
previously filed information. [2006 c 348 § 6; 2003 c 123 §
2.]
42.17.095 Disposal of surplus funds. (Effective until
January 1, 2012.) The surplus funds of a candidate, or of a
political committee supporting or opposing a candidate, may
only be disposed of in any one or more of the following ways:
(1) Return the surplus to a contributor in an amount not
to exceed that contributor’s original contribution;
(2) Transfer the surplus to the candidate’s personal
account as reimbursement for lost earnings incurred as a
result of that candidate’s election campaign. Such lost earnings shall be verifiable as unpaid salary or, when the candidate is not salaried, as an amount not to exceed income
received by the candidate for services rendered during an
appropriate, corresponding time period. All lost earnings
incurred shall be documented and a record thereof shall be
maintained by the candidate or the candidate’s political committee. The committee shall include a copy of such record
when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090;
(3) Transfer the surplus without limit to a political party
or to a caucus political committee;
(4) Donate the surplus to a charitable organization registered in accordance with chapter 19.09 RCW;
(5) Transmit the surplus to the state treasurer for deposit
in the general fund, the oral history, state library, and
archives account under *RCW 43.07.380, or the legislative
international trade account under **RCW 44.04.270, as specified by the candidate or political committee; or
(6) Hold the surplus in the campaign depository or
depositories designated in accordance with RCW 42.17.050
42.17.095
42.17.093 Out-of-state political committees—
Reports. (Effective until January 1, 2012.) (1) An out-ofstate political committee organized for the purpose of supporting or opposing candidates or ballot propositions in
another state that is not otherwise required to report under
RCW 42.17.040 through 42.17.090 shall report as required in
this section when it makes an expenditure supporting or
opposing a Washington state candidate or political committee. The committee shall file with the commission a statement disclosing:
(a) Its name and address;
(b) The purposes of the out-of-state committee;
(c) The names, addresses, and titles of its officers or, if it
has no officers, the names, addresses, and the titles of its
responsible leaders;
(d) The name, office sought, and party affiliation of each
candidate in the state of Washington whom the out-of-state
committee is supporting or opposing and, if such committee
is supporting or opposing the entire ticket of any party, the
name of the party;
(e) The ballot proposition supported or opposed in the
state of Washington, if any, and whether such committee is in
favor of or opposed to such proposition;
(f) The name and address of each person residing in the
state of Washington or corporation which has a place of business in the state of Washington who has made one or more
contributions in the aggregate of more than twenty-five dollars to the out-of-state committee during the current calendar
42.17.093
[Title 42 RCW—page 20]
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
for possible use in a future election campaign for the same
office last sought by the candidate and report any such disposition in accordance with RCW 42.17.090: PROVIDED,
That if the candidate subsequently announces or publicly
files for office, information as appropriate is reported to the
commission in accordance with RCW 42.17.040 through
42.17.090. If a subsequent office is not sought the surplus
held shall be disposed of in accordance with the requirements
of this section.
(7) Hold the surplus campaign funds in a separate
account for nonreimbursed public office-related expenses or
as provided in this section, and report any such disposition in
accordance with RCW 42.17.090. The separate account
required under this subsection shall not be used for deposits
of campaign funds that are not surplus.
(8) No candidate or authorized committee may transfer
funds to any other candidate or other political committee.
The disposal of surplus funds under this section shall not
be considered a contribution for purposes of this chapter.
[2005 c 467 § 1; 1995 c 397 § 31; 1993 c 2 § 20 (Initiative
Measure No. 134, approved November 3, 1992); 1982 c 147
§ 8; 1977 ex.s. c 336 § 3.]
Reviser’s note: *(1) RCW 43.07.380 was amended by 2008 c 222 § 13,
renaming the "oral history, state library, and archives account" to the "Washington state legacy project, state library, and archives account."
**(2) RCW 44.04.270 was recodified as RCW 43.15.050 pursuant to
2006 c 317 § 5.
Effective date—2005 c 467: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 2005]." [2005 c 467 § 2.]
Additional notes found at www.leg.wa.gov
42.17.100 Special reports—Independent expenditures. (Effective until January 1, 2012.) (1) For the purposes of this section the term "independent expenditure"
means any expenditure that is made in support of or in opposition to any candidate or ballot proposition and is not otherwise required to be reported pursuant to *RCW 42.17.060,
42.17.080, or 42.17.090. "Independent expenditure" does not
include: An internal political communication primarily limited to the contributors to a political party organization or
political action committee, or the officers, management staff,
and stockholders of a corporation or similar enterprise, or the
members of a labor organization or other membership organization; or the rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign
workers not in excess of fifty dollars personally paid for by
the worker. "Volunteer services," for the purposes of this
section, means services or labor for which the individual is
not compensated by any person.
(2) Within five days after the date of making an independent expenditure that by itself or when added to all other such
independent expenditures made during the same election
campaign by the same person equals one hundred dollars or
more, or within five days after the date of making an independent expenditure for which no reasonable estimate of monetary value is practicable, whichever occurs first, the person
who made the independent expenditure shall file with the
commission an initial report of all independent expenditures
made during the campaign prior to and including such date.
42.17.100
(2010 Ed.)
42.17.103
(3) At the following intervals each person who is
required to file an initial report pursuant to subsection (2) of
this section shall file with the commission a further report of
the independent expenditures made since the date of the last
report:
(a) On the twenty-first day and the seventh day preceding the date on which the election is held; and
(b) On the tenth day of the first month after the election;
and
(c) On the tenth day of each month in which no other
reports are required to be filed pursuant to this section. However, the further reports required by this subsection (3) shall
only be filed if the reporting person has made an independent
expenditure since the date of the last previous report filed.
The report filed pursuant to paragraph (a) of this subsection (3) shall be the final report, and upon submitting such
final report the duties of the reporting person shall cease, and
there shall be no obligation to make any further reports.
(4) All reports filed pursuant to this section shall be certified as correct by the reporting person.
(5) Each report required by subsections (2) and (3) of
this section shall disclose for the period beginning at the end
of the period for the last previous report filed or, in the case
of an initial report, beginning at the time of the first independent expenditure, and ending not more than one business day
before the date the report is due:
(a) The name and address of the person filing the report;
(b) The name and address of each person to whom an
independent expenditure was made in the aggregate amount
of more than fifty dollars, and the amount, date, and purpose
of each such expenditure. If no reasonable estimate of the
monetary value of a particular independent expenditure is
practicable, it is sufficient to report instead a precise description of services, property, or rights furnished through the
expenditure and where appropriate to attach a copy of the
item produced or distributed by the expenditure;
(c) The total sum of all independent expenditures made
during the campaign to date; and
(d) Such other information as shall be required by the
commission by rule in conformance with the policies and
purposes of this chapter. [2010 c 205 § 7; 1995 c 397 § 28;
1989 c 280 § 10; 1985 c 367 § 6; 1982 c 147 § 9; 1975-’76
2nd ex.s. c 112 § 4; 1973 c 1 § 10 (Initiative Measure No.
276, approved November 7, 1972).]
*Reviser’s note: RCW 42.17.060, 42.17.080, and 42.17.090 were
recodified as RCW 42.17A.220, 42.17A.235, and 42.17A.240, respectively,
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Additional notes found at www.leg.wa.gov
42.17.103 Special reports—Political advertising.
(Effective until January 1, 2012.) (1) The sponsor of political advertising who, within twenty-one days of an election,
publishes, mails, or otherwise presents to the public political
advertising supporting or opposing a candidate or ballot
proposition that qualifies as an independent expenditure with
a fair market value of one thousand dollars or more shall
deliver, either electronically or in written form, a special
report to the commission within twenty-four hours of, or on
the first working day after, the date the political advertising is
first published, mailed, or otherwise presented to the public.
42.17.103
[Title 42 RCW—page 21]
42.17.105
Title 42 RCW: Public Officers and Agencies
(2) If a sponsor is required to file a special report under
this section, the sponsor shall also deliver to the commission
within the delivery period established in subsection (1) of this
section a special report for each subsequent independent
expenditure of any size supporting or opposing the same candidate who was the subject of the previous independent
expenditure, supporting or opposing that candidate’s opponent, or supporting or opposing the same ballot proposition
that was the subject of the previous independent expenditure.
(3) The special report must include at least:
(a) The name and address of the person making the
expenditure;
(b) The name and address of the person to whom the
expenditure was made;
(c) A detailed description of the expenditure;
(d) The date the expenditure was made and the date the
political advertising was first published or otherwise presented to the public;
(e) The amount of the expenditure;
(f) The name of the candidate supported or opposed by
the expenditure, the office being sought by the candidate, and
whether the expenditure supports or opposes the candidate;
or the name of the ballot proposition supported or opposed by
the expenditure and whether the expenditure supports or
opposes the ballot proposition; and
(g) Any other information the commission may require
by rule.
(4) All persons required to report under RCW 42.17.065,
42.17.080, 42.17.090, 42.17.100, and 42.17.565 are subject
to the requirements of this section. The commission may
determine that reports filed pursuant to this section also satisfy the requirements of RCW 42.17.100.
(5) The sponsor of independent expenditures supporting
a candidate or opposing that candidate’s opponent required to
report under this section shall file with each required report
an affidavit or declaration of the person responsible for making the independent expenditure that the expenditure was not
made in cooperation, consultation, or concert with, or at the
request or suggestion of, the candidate, the candidate’s authorized committee, or the candidate’s agent, or with the encouragement or approval of the candidate, the candidate’s authorized committee, or the candidate’s agent. [2005 c 445 § 7;
2001 c 54 § 1.]
Effective date—2001 c 54: "This act takes effect January 1, 2002."
[2001 c 54 § 4.]
42.17.105 Special reports—Late contributions or
large totals—Certain late contributions prohibited.
(Effective until January 1, 2012.) (1) Campaign treasurers
shall prepare and deliver to the commission a special report
regarding any contribution or aggregate of contributions
which: Is one thousand dollars or more; is from a single person or entity; and is received during a special reporting
period.
Any political committee making a contribution or an
aggregate of contributions to a single entity which is one
thousand dollars or more shall also prepare and deliver to the
commission the special report if the contribution or aggregate
of contributions is made during a special reporting period.
For the purposes of subsections (1) through (7) of this
section:
42.17.105
[Title 42 RCW—page 22]
(a) Each of the following intervals is a special reporting
period: (i) The interval beginning after the period covered by
the last report required by RCW 42.17.080 and 42.17.090 to
be filed before a primary and concluding on the end of the
day before that primary; and (ii) the interval composed of the
twenty-one days preceding a general election; and
(b) An aggregate of contributions includes only those
contributions received from a single entity during any one
special reporting period or made by the contributing political
committee to a single entity during any one special reporting
period.
(2) If a campaign treasurer files a special report under
this section for one or more contributions received from a single entity during a special reporting period, the treasurer shall
also file a special report under this section for each subsequent contribution of any size which is received from that
entity during the special reporting period. If a political committee files a special report under this section for a contribution or contributions made to a single entity during a special
reporting period, the political committee shall also file a special report for each subsequent contribution of any size which
is made to that entity during the special reporting period.
(3) Except as provided in subsection (4) of this section,
the special report required by this section shall be delivered
electronically or in written form, including but not limited to
mailgram, telegram, or nightletter. The special report
required of a contribution recipient by subsection (1) of this
section shall be delivered to the commission within fortyeight hours of the time, or on the first working day after: The
contribution of one thousand dollars or more is received by
the candidate or treasurer; the aggregate received by the candidate or treasurer first equals one thousand dollars or more;
or the subsequent contribution that must be reported under
subsection (2) of this section is received by the candidate or
treasurer. The special report required of a contributor by subsection (1) of this section or RCW 42.17.175 shall be delivered to the commission, and the candidate or political committee to whom the contribution or contributions are made,
within twenty-four hours of the time, or on the first working
day after: The contribution is made; the aggregate of contributions made first equals one thousand dollars or more; or the
subsequent contribution that must be reported under subsection (2) of this section is made.
(4) The special report may be transmitted orally by telephone to the commission to satisfy the delivery period
required by subsection (3) of this section if the written form
of the report is also mailed to the commission and postmarked within the delivery period established in subsection
(3) of this section or the file transfer date of the electronic filing is within the delivery period established in subsection (3)
of this section.
(5) The special report shall include at least:
(a) The amount of the contribution or contributions;
(b) The date or dates of receipt;
(c) The name and address of the donor;
(d) The name and address of the recipient; and
(e) Any other information the commission may by rule
require.
(6) Contributions reported under this section shall also
be reported as required by other provisions of this chapter.
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
(7) The commission shall prepare daily a summary of the
special reports made under this section and RCW 42.17.175.
(8) It is a violation of this chapter for any person to make,
or for any candidate or political committee to accept from any
one person, contributions reportable under RCW 42.17.090
in the aggregate exceeding fifty thousand dollars for any
campaign for statewide office or exceeding five thousand
dollars for any other campaign subject to the provisions of
this chapter within twenty-one days of a general election.
This subsection does not apply to contributions made by, or
accepted from, a bona fide political party as defined in this
chapter, excluding the county central committee or legislative district committee.
(9) Contributions governed by this section include, but
are not limited to, contributions made or received indirectly
through a third party or entity whether the contributions are
or are not reported to the commission as earmarked contributions under RCW 42.17.135. [2001 c 54 § 2; 1995 c 397 § 4;
1991 c 157 § 1; 1989 c 280 § 11; 1986 c 228 § 2; 1985 c 359
§ 1; 1983 c 176 § 1.]
Effective date—2001 c 54: See note following RCW 42.17.103.
Additional notes found at www.leg.wa.gov
42.17.110 Commercial advertisers—Public inspection of documents—Copies to commission. (Effective
until January 1, 2012.) (1) Each commercial advertiser who
has accepted or provided political advertising or electioneering communications during the election campaign shall
maintain open for public inspection during the campaign and
for a period of no less than three years after the date of the
applicable election, during normal business hours, documents and books of account which shall specify:
(a) The names and addresses of persons from whom it
accepted political advertising or electioneering communications;
(b) The exact nature and extent of the services rendered;
and
(c) The consideration and the manner of paying that consideration for such services.
(2) Each commercial advertiser which must comply with
subsection (1) of this section shall deliver to the commission,
upon its request, copies of such information as must be maintained open for public inspection pursuant to subsection (1)
of this section. [2005 c 445 § 8; 1975-’76 2nd ex.s. c 112 §
5; 1973 c 1 § 11 (Initiative Measure No. 276, approved
November 7, 1972).]
42.17.110
42.17.120 Identification of contributions and communications. (Effective until January 1, 2012.) No contribution shall be made and no expenditure shall be incurred,
directly or indirectly, in a fictitious name, anonymously, or
by one person through an agent, relative, or other person in
such a manner as to conceal the identity of the source of the
contribution or in any other manner so as to effect concealment. [1975 1st ex.s. c 294 § 8; 1973 c 1 § 12 (Initiative Measure No. 276, approved November 7, 1972).]
42.17.120
42.17.125 Personal use of contributions—When permitted. (Effective until January 1, 2012.) Contributions
received and reported in accordance with RCW 42.17.060
42.17.125
(2010 Ed.)
42.17.130
through 42.17.090 may only be transferred to the personal
account of a candidate, or of a treasurer or other individual or
expended for such individual’s personal use under the following circumstances:
(1) Reimbursement for or loans to cover lost earnings
incurred as a result of campaigning or services performed for
the political committee. Such lost earnings shall be verifiable
as unpaid salary, or when the individual is not salaried, as an
amount not to exceed income received by the individual for
services rendered during an appropriate, corresponding time
period. All lost earnings incurred shall be documented and a
record thereof shall be maintained by the individual or the
individual’s political committee. The political committee
shall include a copy of such record when its expenditure for
such reimbursement is reported pursuant to RCW 42.17.090.
(2) Reimbursement for direct out-of-pocket election
campaign and postelection campaign related expenses made
by the individual. To receive reimbursement from the political committee, the individual shall provide the political committee with written documentation as to the amount, date, and
description of each expense, and the political committee shall
include a copy of such information when its expenditure for
such reimbursement is reported pursuant to RCW 42.17.090.
(3) Repayment of loans made by the individual to political committees, which repayment shall be reported pursuant
to RCW 42.17.090. However, contributions may not be used
to reimburse a candidate for loans totaling more than *three
thousand dollars made by the candidate to the candidate’s
own political committee or campaign. [1995 c 397 § 29;
1993 c 2 § 21 (Initiative Measure No. 134, approved November 3, 1992); 1989 c 280 § 12; 1985 c 367 § 7; 1977 ex.s. c
336 § 6.]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17.690. For current dollar amounts, see chapter 390-05 of the Washington
Administrative Code (WAC).
Additional notes found at www.leg.wa.gov
42.17.128 Use of public funds for political purposes.
(Effective until January 1, 2012.) Public funds, whether
derived through taxes, fees, penalties, or any other sources,
shall not be used to finance political campaigns for state or
school district office. A county, city, town, or district that
establishes a program to publicly finance local political campaigns may only use funds derived from local sources to fund
the program. A local government must submit any proposal
for public financing of local political campaigns to voters for
their adoption and approval or rejection. [2008 c 29 § 1; 1993
c 2 § 24 (Initiative Measure No. 134, approved November 3,
1992).]
42.17.128
42.17.130 Use of public office or agency facilities in
campaigns—Prohibition—Exceptions. (Effective until
January 1, 2012.) No elective official nor any employee of
his [or her] office nor any person appointed to or employed
by any public office or agency may use or authorize the use
of any of the facilities of a public office or agency, directly or
indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or
opposition to any ballot proposition. Facilities of a public
office or agency include, but are not limited to, use of statio42.17.130
[Title 42 RCW—page 23]
42.17.131
Title 42 RCW: Public Officers and Agencies
nery, postage, machines, and equipment, use of employees of
the office or agency during working hours, vehicles, office
space, publications of the office or agency, and clientele lists
of persons served by the office or agency. However, this
does not apply to the following activities:
(1) Action taken at an open public meeting by members
of an elected legislative body or by an elected board, council,
or commission of a special purpose district including, but not
limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts,
school districts, sewer districts, and water districts, to express
a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose
a ballot proposition so long as (a) any required notice of the
meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the
board, council, or commission of the special purpose district,
or members of the public are afforded an approximately equal
opportunity for the expression of an opposing view;
(2) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in response to a specific inquiry;
(3) Activities which are part of the normal and regular
conduct of the office or agency. [2006 c 215 § 2; 1979 ex.s.
c 265 § 2; 1975-’76 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative Measure No. 276, approved November 7, 1972).]
Finding—Intent—2006 c 215: "(1) The legislature finds that the public benefits from an open and inclusive discussion of proposed ballot measures by local elected leaders, and that for twenty-five years these discussions have included the opportunity for elected boards, councils, and commissions of special purpose districts to vote in open public meetings in order
to express their support of, or opposition to, ballot propositions affecting
their jurisdictions.
(2) The legislature intends to affirm and clarify the state’s long-standing policy of promoting informed public discussion and understanding of
ballot propositions by allowing elected boards, councils, and commissions of
special purpose districts to adopt resolutions supporting or opposing ballot
propositions." [2006 c 215 § 1.]
Disposition of violations before January 1, 1995: "Any violations
occurring prior to January 1, 1995, of any of the following laws shall be disposed of as if chapter 154, Laws of 1994 were not enacted and such laws
continued in full force and effect: RCW 42.17.130, chapter 42.18 RCW,
chapter 42.21 RCW, and chapter 42.22 RCW." [1994 c 154 § 226.]
42.17.131 Exemption from RCW 42.17.130. (Effective until January 1, 2012.) RCW 42.17.130 does not apply
to any person who is a state officer or state employee as
defined in RCW 42.52.010. [1994 c 154 § 317.]
42.17.131
Additional notes found at www.leg.wa.gov
42.17.135 Earmarked contributions. (Effective until
January 1, 2012.) A candidate or political committee receiving a contribution earmarked for the benefit of another candidate or political committee shall:
(1) Report the contribution as required in RCW
42.17.080 and 42.17.090;
(2) Complete a report, entitled "Earmarked contributions," on a form prescribed by the commission by rule,
which identifies the name and address of the person who
made the contribution, the candidate or political committee
for whose benefit the contribution is earmarked, the amount
of the contribution, and the date on which the contribution
was received; and
42.17.135
[Title 42 RCW—page 24]
(3) Notify the commission and the candidate or political
committee for whose benefit the contribution is earmarked
regarding the receipt of the contribution by mailing or delivering to the commission and to the candidate or committee a
copy of the "Earmarked contributions" report. Such notice
shall be given within two working days of receipt of the contribution.
A candidate or political committee receiving notification
of an earmarked contribution under subsection (3) of this section shall report the contribution, once the contribution is
received by the candidate or committee, in the same manner
as the receipt of any other contribution is disclosed in reports
required by RCW 42.17.080 and 42.17.090. [1989 c 280 §
13; 1986 c 228 § 3.]
Additional notes found at www.leg.wa.gov
LOBBYIST REPORTING
42.17.150 Registration of lobbyists. (Effective until
January 1, 2012.) (1) Before doing any lobbying, or within
thirty days after being employed as a lobbyist, whichever
occurs first, a lobbyist shall register by filing with the commission a lobbyist registration statement, in such detail as the
commission shall prescribe, showing:
(a) His name, permanent business address, and any temporary residential and business addresses in Thurston county
during the legislative session;
(b) The name, address and occupation or business of the
lobbyist’s employer;
(c) The duration of his employment;
(d) His compensation for lobbying; how much he is to be
paid for expenses, and what expenses are to be reimbursed;
(e) Whether the person from whom he receives said
compensation employs him solely as a lobbyist or whether he
is a regular employee performing services for his employer
which include but are not limited to the influencing of legislation;
(f) The general subject or subjects of his legislative interest;
(g) A written authorization from each of the lobbyist’s
employers confirming such employment;
(h) The name and address of the person who will have
custody of the accounts, bills, receipts, books, papers, and
documents required to be kept under this chapter;
(i) If the lobbyist’s employer is an entity (including, but
not limited to, business and trade associations) whose members include, or which as a representative entity undertakes
lobbying activities for, businesses, groups, associations, or
organizations, the name and address of each member of such
entity or person represented by such entity whose fees, dues,
payments, or other consideration paid to such entity during
either of the prior two years have exceeded five hundred dollars or who is obligated to or has agreed to pay fees, dues,
payments, or other consideration exceeding five hundred dollars to such entity during the current year.
(2) Any lobbyist who receives or is to receive compensation from more than one person for his services as a lobbyist
shall file a separate notice of representation with respect to
each such person; except that where a lobbyist whose fee for
acting as such in respect to the same legislation or type of legislation is, or is to be, paid or contributed to by more than one
42.17.150
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
person then such lobbyist may file a single statement, in
which he shall detail the name, business address and occupation of each person so paying or contributing, and the amount
of the respective payments or contributions made by each
such person.
(3) Whenever a change, modification, or termination of
the lobbyist’s employment occurs, the lobbyist shall, within
one week of such change, modification or termination, furnish full information regarding the same by filing with the
commission an amended registration statement.
(4) Each lobbyist who has registered shall file a new registration statement, revised as appropriate, on the second
Monday in January of each odd-numbered year, and failure to
do so shall terminate his registration. [1987 c 201 § 1; 1982
c 147 § 10; 1973 c 1 § 15 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.155 Photograph and information—Booklet—
Publication. (Effective until January 1, 2012.) Each lobbyist shall at the time he or she registers submit to the commission a recent photograph of himself or herself of a size and
format as determined by rule of the commission, together
with the name of the lobbyist’s employer, the length of his or
her employment as a lobbyist before the legislature, a brief
biographical description, and any other information he or she
may wish to submit not to exceed fifty words in length. Such
photograph and information shall be published at least biennially in a booklet form by the commission for distribution to
legislators and the public. [1995 c 397 § 6; 1985 c 367 § 8;
1982 c 147 § 11; 1975 1st ex.s. c 294 § 21.]
42.17.155
42.17.160 Exemption from registration. (Effective
until January 1, 2012.) The following persons and activities
shall be exempt from registration and reporting under RCW
42.17.150, 42.17.170, and 42.17.200:
(1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or
public hearings of state agencies;
(2) Activities by lobbyists or other persons whose participation has been solicited by an agency under RCW
34.05.310(2);
(3) News or feature reporting activities and editorial
comment by working members of the press, radio, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio
station, or television station;
(4) Persons who lobby without compensation or other
consideration for acting as a lobbyist: PROVIDED, Such
person makes no expenditure for or on behalf of any member
of the legislature or elected official or public officer or
employee of the state of Washington in connection with such
lobbying. The exemption contained in this subsection is
intended to permit and encourage citizens of this state to
lobby any legislator, public official, or state agency without
incurring any registration or reporting obligation provided
they do not exceed the limits stated above. Any person
exempt under this subsection (4) may at his or her option register and report under this chapter;
(5) Persons who restrict their lobbying activities to no
more than four days or parts thereof during any three-month
42.17.160
(2010 Ed.)
42.17.170
period and whose total expenditures during such three-month
period for or on behalf of any one or more members of the
legislature or state elected officials or public officers or
employees of the state of Washington in connection with
such lobbying do not exceed twenty-five dollars: PROVIDED, That the commission shall promulgate regulations to
require disclosure by persons exempt under this subsection or
their employers or entities which sponsor or coordinate the
lobbying activities of such persons if it determines that such
regulations are necessary to prevent frustration of the purposes of this chapter. Any person exempt under this subsection (5) may at his or her option register and report under this
chapter;
(6) The governor;
(7) The lieutenant governor;
(8) Except as provided by RCW 42.17.190(1), members
of the legislature;
(9) Except as provided by RCW 42.17.190(1), persons
employed by the legislature for the purpose of aiding in the
preparation or enactment of legislation or the performance of
legislative duties;
(10) Elected officials, and officers and employees of any
agency reporting under RCW 42.17.190(5). [1998 c 55 § 3;
1995 c 397 § 32; 1982 c 147 § 12; 1977 ex.s. c 313 § 4; 1975
1st ex.s. c 294 § 9; 1973 c 1 § 16 (Initiative Measure No. 276,
approved November 7, 1972).]
Additional notes found at www.leg.wa.gov
42.17.170 Reporting by lobbyists. (Effective until
January 1, 2012.) (1) Any lobbyist registered under RCW
42.17.150 and any person who lobbies shall file with the
commission periodic reports of his or her activities signed by
the lobbyist. The reports shall be made in the form and manner prescribed by the commission. They shall be due monthly
and shall be filed within fifteen days after the last day of the
calendar month covered by the report.
(2) Each such monthly periodic report shall contain:
(a) The totals of all expenditures for lobbying activities
made or incurred by such lobbyist or on behalf of such lobbyist by the lobbyist’s employer during the period covered by
the report. Such totals for lobbying activities shall be segregated according to financial category, including compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses or services.
Each individual expenditure of more than twenty-five dollars
for entertainment shall be identified by date, place, amount,
and the names of all persons in the group partaking in or of
such entertainment including any portion thereof attributable
to the lobbyist’s participation therein, and shall include
amounts actually expended on each person where calculable,
or allocating any portion of the expenditure to individual participants.
Notwithstanding the foregoing, lobbyists are not
required to report the following:
(i) Unreimbursed personal living and travel expenses not
incurred directly for lobbying;
(ii) Any expenses incurred for his or her own living
accommodations;
(iii) Any expenses incurred for his or her own travel to
and from hearings of the legislature;
42.17.170
[Title 42 RCW—page 25]
42.17.172
Title 42 RCW: Public Officers and Agencies
(iv) Any expenses incurred for telephone, and any office
expenses, including rent and salaries and wages paid for staff
and secretarial assistance.
(b) In the case of a lobbyist employed by more than one
employer, the proportionate amount of such expenditures in
each category incurred on behalf of each of his employers.
(c) An itemized listing of each such expenditure,
whether contributed by the lobbyist personally or delivered
or transmitted by the lobbyist, in the nature of a contribution
of money or of tangible or intangible personal property to any
candidate, elected official, or officer or employee of any
agency, or any political committee supporting or opposing
any ballot proposition, or for or on behalf of any candidate,
elected official, or officer or employee of any agency, or any
political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any
candidate, elected official, or officer or employee of any
agency, or any political committee supporting or opposing
any ballot proposition shall be identified by date, amount,
and the name of the candidate, elected official, or officer or
employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be
benefited by each such contribution.
(d) The subject matter of proposed legislation or other
legislative activity or rule-making under chapter 34.05 RCW,
the state Administrative Procedure Act, and the state agency
considering the same, which the lobbyist has been engaged in
supporting or opposing during the reporting period, unless
exempt under RCW 42.17.160(2).
(e) Such other information relevant to lobbying activities
as the commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject
to audit by the commission.
(f) A listing of each payment for an item specified in
RCW 42.52.150(5) in excess of fifty dollars and each item
specified in *RCW 42.52.010(9) (d) and (f) made to a state
elected official, state officer, or state employee. Each item
shall be identified by recipient, date, and approximate value
of the item.
(g) The total expenditures made during the reporting
period by the lobbyist for lobbying purposes, whether
through or on behalf of a lobbyist or otherwise. As used in
this subsection, "expenditures" includes amounts paid or
incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations,
telemarketing, polling, or similar activities if such activities,
directly or indirectly, are intended, designed, or calculated to
influence legislation or the adoption or rejection of a rule,
standard, or rate by an agency under the administrative procedure act. The report shall specify the amount, the person to
whom the amount was paid, and a brief description of the
activity.
(3) If a state elected official or a member of such an official’s immediate family is identified by a lobbyist in such a
report as having received from the lobbyist an item specified
in RCW 42.52.150(5) or *42.52.010(9) (d) or (f), the lobbyist
shall transmit to the official a copy of the completed form
used to identify the item in the report at the same time the
report is filed with the commission.
(4) The commission may adopt rules to vary the content
of lobbyist reports to address specific circumstances, consis[Title 42 RCW—page 26]
tent with this section. [1995 c 397 § 33; 1991 sp.s. c 18 § 2;
1990 c 139 § 3; 1989 c 175 § 90; 1987 c 423 § 1; 1985 c 367
§ 9; 1982 c 147 § 13; 1977 ex.s. c 313 § 5; 1975 1st ex.s. c
294 § 10; 1973 c 1 § 17 (Initiative Measure No. 276,
approved November 7, 1972).]
*Reviser’s note: RCW 42.52.010 was amended by 1996 c 213 § 1,
changing subsection (9)(d) and (f) to subsection (10)(d) and (f).
Legislative intent—1990 c 139: See note following RCW 42.17.020.
Additional notes found at www.leg.wa.gov
42.17.172 Notification to person named in report.
(Effective until January 1, 2012.) When a listing or a report
of contributions is made to the commission under RCW
42.17.170(2)(c), a copy of the listing or report must be given
to the candidate, elected official, professional staff member
of the legislature, or officer or employee of an agency, or a
political committee supporting or opposing a ballot proposition named in the listing or report. [1993 c 2 § 32 (Initiative
Measure No. 134, approved November 3, 1992).]
42.17.172
42.17.175 Special reports—Lobbyists—Late contributions or large totals. (Effective until January 1, 2012.)
Any lobbyist registered under RCW 42.17.150, any person
who lobbies, and any lobbyist’s employer making a contribution or an aggregate of contributions to a single entity that is
one thousand dollars or more during a special reporting
period before a primary or general election, as such period is
specified in RCW 42.17.105(1), shall file one or more special
reports for the contribution or aggregate of contributions and
for subsequent contributions made during that period under
the same circumstances and to the same extent that a contributing political committee must file such a report or reports
under RCW 42.17.105. Such a special report shall be filed in
the same manner provided under RCW 42.17.105 for a special report of a contributing political committee. [2001 c 54
§ 3; 1991 c 157 § 2; 1985 c 359 § 2.]
42.17.175
Effective date—2001 c 54: See note following RCW 42.17.103.
42.17.180 Reports by employers of registered lobbyists, other persons. (Effective until January 1, 2012.) (1)
Every employer of a lobbyist registered under this chapter
during the preceding calendar year and every person other
than an individual that made contributions aggregating to
more than *ten thousand dollars or independent expenditures
aggregating to more than *five hundred dollars during the
preceding calendar year shall file with the commission on or
before the last day of February of each year a statement disclosing for the preceding calendar year the following information:
(a) The name of each state elected official and the name
of each candidate for state office who was elected to the
office and any member of the immediate family of those persons to whom the person reporting has paid any compensation in the amount of five hundred dollars or more during the
preceding calendar year for personal employment or professional services, including professional services rendered by a
corporation, partnership, joint venture, association, union, or
other entity in which the person holds any office, directorship, or any general partnership interest, or an ownership
interest of ten percent or more, the value of the compensation
42.17.180
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
in accordance with the reporting provisions set out in RCW
42.17.241(2), and the consideration given or performed in
exchange for the compensation.
(b) The name of each state elected official, successful
candidate for state office, or members of his immediate family to whom the person reporting made expenditures, directly
or indirectly, either through a lobbyist or otherwise, the
amount of the expenditures and the purpose for the expenditures. For the purposes of this subsection, the term expenditure shall not include any expenditure made by the employer
in the ordinary course of business if the expenditure is not
made for the purpose of influencing, honoring, or benefiting
the elected official, successful candidate, or member of his
immediate family, as an elected official or candidate.
(c) The total expenditures made by the person reporting
for lobbying purposes, whether through or on behalf of a registered lobbyist or otherwise.
(d) All contributions made to a political committee supporting or opposing a candidate for state office, or to a political committee supporting or opposing a statewide ballot
proposition. Such contributions shall be identified by the
name and the address of the recipient and the aggregate
amount contributed to each such recipient.
(e) The name and address of each registered lobbyist
employed by the person reporting and the total expenditures
made by such person for each such lobbyist for lobbying purposes.
(f) The names, offices sought, and party affiliations of
candidates for state offices supported or opposed by independent expenditures of the person reporting and the amount of
each such expenditure.
(g) The identifying proposition number and a brief
description of any statewide ballot proposition supported or
opposed by expenditures not reported under (d) of this subsection and the amount of each such expenditure.
(h) Such other information as the commission prescribes
by rule.
(2)(a) Except as provided in (b) of this subsection, an
employer of a lobbyist registered under this chapter shall file
a special report with the commission if the employer makes a
contribution or contributions aggregating more than one hundred dollars in a calendar month to any one of the following:
A candidate, elected official, officer or employee of an
agency, or political committee. The report shall identify the
date and amount of each such contribution and the name of
the candidate, elected official, agency officer or employee, or
political committee receiving the contribution or to be benefited by the contribution. The report shall be filed on a form
prescribed by the commission and shall be filed within fifteen
days after the last day of the calendar month during which the
contribution was made.
(b) The provisions of (a) of this subsection do not apply
to a contribution which is made through a registered lobbyist
and reportable under RCW 42.17.170. [1993 c 2 § 27 (Initiative Measure No. 134, approved November 3, 1992); 1990 c
139 § 4; 1987 c 423 § 2; 1984 c 34 § 6; 1975 1st ex.s. c 294 §
11; 1973 c 1 § 18 (Initiative Measure No. 276, approved
November 7, 1972).]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
(2010 Ed.)
42.17.190
42.17.370 or 42.17.690. For current dollar amounts, see Title 390 of the
Washington Administrative Code (WAC).
Legislative intent—1990 c 139: See note following RCW 42.17.020.
42.17.190
42.17.190 Legislative activities of state agencies,
other units of government, elective officials, employees.
(Effective until January 1, 2012.) (1) The house of representatives and the senate shall report annually: The total budget;
the portion of the total attributed to staff; and the number of
full-time and part-time staff positions by assignment, with
dollar figures as well as number of positions.
(2) Unless authorized by subsection (3) of this section or
otherwise expressly authorized by law, no public funds may
be used directly or indirectly for lobbying: PROVIDED,
This does not prevent officers or employees of an agency
from communicating with a member of the legislature on the
request of that member; or communicating to the legislature,
through the proper official channels, requests for legislative
action or appropriations which are deemed necessary for the
efficient conduct of the public business or actually made in
the proper performance of their official duties: PROVIDED
FURTHER, That this subsection does not apply to the legislative branch.
(3) Any agency, not otherwise expressly authorized by
law, may expend public funds for lobbying, but such lobbying activity shall be limited to (a) providing information or
communicating on matters pertaining to official agency business to any elected official or officer or employee of any
agency or (b) advocating the official position or interests of
the agency to any elected official or officer or employee of
any agency: PROVIDED, That public funds may not be
expended as a direct or indirect gift or campaign contribution
to any elected official or officer or employee of any agency.
For the purposes of this subsection, the term "gift" means a
voluntary transfer of any thing of value without consideration
of equal or greater value, but does not include informational
material transferred for the sole purpose of informing the
recipient about matters pertaining to official agency business.
This section does not permit the printing of a state publication
which has been otherwise prohibited by law.
(4) No elective official or any employee of his or her
office or any person appointed to or employed by any public
office or agency may use or authorize the use of any of the
facilities of a public office or agency, directly or indirectly, in
any effort to support or oppose an initiative to the legislature.
"Facilities of a public office or agency" has the same meaning
as in RCW 42.17.130 and 42.52.180. The provisions of this
subsection shall not apply to the following activities:
(a) Action taken at an open public meeting by members
of an elected legislative body to express a collective decision,
or to actually vote upon a motion, proposal, resolution, order,
or ordinance, or to support or oppose an initiative to the legislature so long as (i) any required notice of the meeting
includes the title and number of the initiative to the legislature, and (ii) members of the legislative body or members of
the public are afforded an approximately equal opportunity
for the expression of an opposing view;
(b) A statement by an elected official in support of or in
opposition to any initiative to the legislature at an open press
conference or in response to a specific inquiry;
[Title 42 RCW—page 27]
42.17.200
Title 42 RCW: Public Officers and Agencies
(c) Activities which are part of the normal and regular
conduct of the office or agency;
(d) Activities conducted regarding an initiative to the
legislature that would be permitted under RCW 42.17.130
and 42.52.180 if conducted regarding other ballot measures.
(5) Each state agency, county, city, town, municipal corporation, quasi-municipal corporation, or special purpose
district which expends public funds for lobbying shall file
with the commission, except as exempted by (d) of this subsection, quarterly statements providing the following information for the quarter just completed:
(a) The name of the agency filing the statement;
(b) The name, title, and job description and salary of
each elected official, officer, or employee who lobbied, a
general description of the nature of the lobbying, and the proportionate amount of time spent on the lobbying;
(c) A listing of expenditures incurred by the agency for
lobbying including but not limited to travel, consultant or
other special contractual services, and brochures and other
publications, the principal purpose of which is to influence
legislation;
(d) For purposes of this subsection the term "lobbying"
does not include:
(i) Requests for appropriations by a state agency to the
office of financial management pursuant to chapter 43.88
RCW nor requests by the office of financial management to
the legislature for appropriations other than its own agency
budget requests;
(ii) Recommendations or reports to the legislature in
response to a legislative request expressly requesting or
directing a specific study, recommendation, or report by an
agency on a particular subject;
(iii) Official reports including recommendations submitted to the legislature on an annual or biennial basis by a state
agency as required by law;
(iv) Requests, recommendations, or other communication between or within state agencies or between or within
local agencies;
(v) Any other lobbying to the extent that it includes:
(A) Telephone conversations or preparation of written
correspondence;
(B) In-person lobbying on behalf of an agency of no
more than four days or parts thereof during any three-month
period by officers or employees of that agency and in-person
lobbying by any elected official of such agency on behalf of
such agency or in connection with the powers, duties, or compensation of such official: PROVIDED, That the total expenditures of nonpublic funds made in connection with such lobbying for or on behalf of any one or more members of the legislature or state elected officials or public officers or
employees of the state of Washington do not exceed fifteen
dollars for any three-month period: PROVIDED FURTHER,
That the exemption under this subsection is in addition to the
exemption provided in (A) of this subsection;
(C) Preparation or adoption of policy positions.
The statements shall be in the form and the manner prescribed by the commission and shall be filed within one
month after the end of the quarter covered by the report.
(6) In lieu of reporting under subsection (5) of this section any county, city, town, municipal corporation, quasi
municipal corporation, or special purpose district may deter[Title 42 RCW—page 28]
mine and so notify the public disclosure commission, that
elected officials, officers, or employees who on behalf of any
such local agency engage in lobbying reportable under subsection (5) of this section shall register and report such
reportable lobbying in the same manner as a lobbyist who is
required to register and report under RCW 42.17.150 and
42.17.170. Each such local agency shall report as a lobbyist
employer pursuant to RCW 42.17.180.
(7) The provisions of this section do not relieve any
elected official or officer or employee of an agency from
complying with other provisions of this chapter, if such
elected official, officer, or employee is not otherwise
exempted.
(8) The purpose of this section is to require each state
agency and certain local agencies to report the identities of
those persons who lobby on behalf of the agency for compensation, together with certain separately identifiable and measurable expenditures of an agency’s funds for that purpose.
This section shall be reasonably construed to accomplish that
purpose and not to require any agency to report any of its general overhead cost or any other costs which relate only indirectly or incidentally to lobbying or which are equally attributable to or inseparable from nonlobbying activities of the
agency.
The public disclosure commission may adopt rules clarifying and implementing this legislative interpretation and
policy. [1995 c 397 § 7; 1986 c 239 § 1; 1979 ex.s. c 265 § 1;
1977 ex.s. c 313 § 6; 1975 1st ex.s. c 294 § 12; 1973 c 1 § 19
(Initiative Measure No. 276, approved November 7, 1972).]
Additional notes found at www.leg.wa.gov
42.17.200 Grass roots lobbying campaigns. (Effective until January 1, 2012.) (1) Any person who has made
expenditures, not reported by a registered lobbyist under
RCW 42.17.170 or by a candidate or political committee
under RCW 42.17.065 or 42.17.080, exceeding *five hundred dollars in the aggregate within any three-month period
or exceeding *two hundred dollars in the aggregate within
any one-month period in presenting a program addressed to
the public, a substantial portion of which is intended,
designed, or calculated primarily to influence legislation
shall be required to register and report, as provided in subsection (2) of this section, as a sponsor of a grass roots lobbying
campaign.
(2) Within thirty days after becoming a sponsor of a
grass roots lobbying campaign, the sponsor shall register by
filing with the commission a registration statement, in such
detail as the commission shall prescribe, showing:
(a) The sponsor’s name, address, and business or occupation, and, if the sponsor is not an individual, the names,
addresses, and titles of the controlling persons responsible for
managing the sponsor’s affairs;
(b) The names, addresses, and business or occupation of
all persons organizing and managing the campaign, or hired
to assist the campaign, including any public relations or
advertising firms participating in the campaign, and the terms
of compensation for all such persons;
(c) The names and addresses of each person contributing
twenty-five dollars or more to the campaign, and the aggregate amount contributed;
42.17.200
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
(d) The purpose of the campaign, including the specific
legislation, rules, rates, standards, or proposals that are the
subject matter of the campaign;
(e) The totals of all expenditures made or incurred to
date on behalf of the campaign, which totals shall be segregated according to financial category, including but not limited to the following: Advertising, segregated by media, and
in the case of large expenditures (as provided by rule of the
commission), by outlet; contributions; entertainment, including food and refreshments; office expenses including rent and
the salaries and wages paid for staff and secretarial assistance, or the proportionate amount thereof paid or incurred
for lobbying campaign activities; consultants; and printing
and mailing expenses.
(3) Every sponsor who has registered under this section
shall file monthly reports with the commission, which reports
shall be filed by the tenth day of the month for the activity
during the preceding month. The reports shall update the
information contained in the sponsor’s registration statement
and in prior reports and shall show contributions received and
totals of expenditures made during the month, in the same
manner as provided for in the registration statement.
(4) When the campaign has been terminated, the sponsor
shall file a notice of termination with the final monthly
report, which notice shall state the totals of all contributions
and expenditures made on behalf of the campaign, in the
same manner as provided for in the registration statement.
[1990 c 139 § 5; 1985 c 367 § 10; 1973 c 1 § 20 (Initiative
Measure No. 276, approved November 7, 1972).]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17.370. For current dollar amounts, see chapter 390-20 of the Washington
Administrative Code (WAC).
Legislative intent—1990 c 139: See note following RCW 42.17.020.
42.17.210 Employment of legislators, board or commission members, or state employees—Statement, contents and filing. (Effective until January 1, 2012.) If any
person registered or required to be registered as a lobbyist
under this chapter employs, or if any employer of any person
registered or required to be registered as a lobbyist under this
chapter, employs any member of the legislature, or any member of any state board or commission, or any employee of the
legislature, or any full-time state employee, if such new
employee shall remain in the partial employ of the state or
any agency thereof, then the new employer shall file a statement under oath with the commission setting out the nature of
the employment, the name of the person to be paid thereunder, and the amount of pay or consideration to be paid thereunder. The statement shall be filed within fifteen days after
the commencement of such employment. [1973 c 1 § 21 (Initiative Measure No. 276, approved November 7, 1972).]
42.17.210
42.17.220 Employment of unregistered persons.
(Effective until January 1, 2012.) It shall be a violation of
this chapter for any person to employ for pay or any consideration, or pay or agree to pay any consideration to, a person
to lobby who is not registered under this chapter except upon
condition that such person register as a lobbyist as provided
by this chapter, and such person does in fact so register as
42.17.220
(2010 Ed.)
42.17.240
soon as practicable. [1973 c 1 § 22 (Initiative Measure No.
276, approved November 7, 1972).]
42.17.230 Lobbyists’ duties, restrictions. (Effective
until January 1, 2012.) A person required to register as a
lobbyist under this chapter shall also have the following obligations, the violation of which shall constitute cause for revocation of his registration, and may subject such person, and
such person’s employer, if such employer aids, abets, ratifies,
or confirms any such act, to other civil liabilities, as provided
by this chapter:
(1) Such persons shall obtain and preserve all accounts,
bills, receipts, books, papers, and documents necessary to
substantiate the financial reports required to be made under
this chapter for a period of at least five years from the date of
the filing of the statement containing such items, which
accounts, bills, receipts, books, papers, and documents shall
be made available for inspection by the commission at any
time: PROVIDED, That if a lobbyist is required under the
terms of his employment contract to turn any records over to
his employer, responsibility for the preservation of such
records under this subsection shall rest with such employer.
(2) In addition, a person required to register as a lobbyist
shall not:
(a) Engage in any activity as a lobbyist before registering
as such;
(b) Knowingly deceive or attempt to deceive any legislator as to any fact pertaining to any pending or proposed legislation;
(c) Cause or influence the introduction of any bill or
amendment thereto for the purpose of thereafter being
employed to secure its defeat;
(d) Knowingly represent an interest adverse to any of his
employers without first obtaining such employer’s written
consent thereto after full disclosure to such employer of such
adverse interest;
(e) Exercise any undue influence, extortion, or unlawful
retaliation upon any legislator by reason of such legislator’s
position with respect to, or his vote upon, any pending or proposed legislation;
(f) Enter into any agreement, arrangement, or understanding according to which his or her compensation, or any
portion thereof, is or will be contingent upon the success of
any attempt to influence legislation. [1987 c 201 § 2; 1982 c
147 § 14; 1973 c 1 § 23 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.230
REPORTING OF PUBLIC OFFICIALS’
FINANCIAL AFFAIRS
42.17.240 Elected and appointed officials, candidates, and appointees—Reports of financial affairs and
gifts. (Effective until January 1, 2012.) (1) Every elected
official and every executive state officer shall after January
1st and before April 15th of each year file with the commission a statement of financial affairs for the preceding calendar
year. However, any local elected official whose term of office
expires immediately after December 31st shall file the statement required to be filed by this section for the year that
ended on that December 31st.
42.17.240
[Title 42 RCW—page 29]
42.17.2401
Title 42 RCW: Public Officers and Agencies
(2) Every candidate shall within two weeks of becoming
a candidate file with the commission a statement of financial
affairs for the preceding twelve months.
(3) Every person appointed to a vacancy in an elective
office or executive state officer position shall within two
weeks of being so appointed file with the commission a statement of financial affairs for the preceding twelve months.
(4) A statement of a candidate or appointee filed during
the period from January 1st to April 15th shall cover the
period from January 1st of the preceding calendar year to the
time of candidacy or appointment if the filing of the statement would relieve the individual of a prior obligation to file
a statement covering the entire preceding calendar year.
(5) No individual may be required to file more than once
in any calendar year.
(6) Each statement of financial affairs filed under this
section shall be sworn as to its truth and accuracy.
(7) Every elected official and every executive state
officer shall file with their statement of financial affairs a
statement certifying that they have read and are familiar with
RCW 42.17.130 or 42.52.180, whichever is applicable.
(8) For the purposes of this section, the term "executive
state officer" includes those listed in RCW 42.17.2401.
(9) This section does not apply to incumbents or candidates for a federal office or the office of precinct committee
officer. [1995 c 397 § 8; 1993 c 2 § 31 (Initiative Measure
No. 134, approved November 3, 1992); 1989 c 158 § 1; 1987
c 295 § 19. Prior: 1984 c 125 § 14; 1984 c 34 § 1; 1983 c 161
§ 27; 1982 c 10 § 9; prior: 1981 c 311 § 20; 1981 c 67 § 15;
1979 ex.s. c 265 § 3; 1979 c 151 § 73; prior: 1975-’76 2nd
ex.s. c 112 § 7; 1975-’76 2nd ex.s. c 104 § 1 (Ref. Bill No.
36); 1975 1st ex.s. c 294 § 13; 1973 c 1 § 24 (Initiative Measure No. 276, approved November 7, 1972).]
Cemetery district commissioners exempt from chapter: RCW 68.52.140,
68.52.220.
Additional notes found at www.leg.wa.gov
42.17.2401 "Executive state officer" defined. (Effective until January 1, 2012.) For the purposes of RCW
42.17.240, the term "executive state officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health
plan, the director of the department of services for the blind,
the director of the state system of community and technical
colleges, the director of commerce, the secretary of corrections, the director of early learning, the director of ecology,
the commissioner of employment security, the chair of the
energy facility site evaluation council, the secretary of the
state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary
of the forest practices appeals board, the director of the gambling commission, the director of general administration, the
secretary of health, the administrator of the Washington state
health care authority, the executive secretary of the health
care facilities authority, the executive secretary of the higher
education facilities authority, the executive secretary of the
horse racing commission, the executive secretary of the
human rights commission, the executive secretary of the
indeterminate sentence review board, the director of the
department of information services, the executive director of
the state investment board, the director of labor and indus42.17.2401
[Title 42 RCW—page 30]
tries, the director of licensing, the director of the lottery commission, the director of the office of minority and women’s
business enterprises, the director of parks and recreation, the
director of personnel, the executive director of the public disclosure commission, the executive director of the Puget
Sound partnership, the director of the recreation and conservation office, the director of retirement systems, the director
of revenue, the secretary of social and health services, the
chief of the Washington state patrol, the executive secretary
of the board of tax appeals, the secretary of transportation, the
secretary of the utilities and transportation commission, the
director of veterans affairs, the president of each of the
regional and state universities and the president of The Evergreen State College, and each district and each campus president of each state community college;
(2) Each professional staff member of the office of the
governor;
(3) Each professional staff member of the legislature;
and
(4) Central Washington University board of trustees, the
boards of trustees of each community college and each technical college, each member of the state board for community
and technical colleges, state convention and trade center
board of directors, committee for deferred compensation,
Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen
State College board of trustees, executive ethics board, forest
practices appeals board, forest practices board, gambling
commission, life sciences discovery fund authority board of
trustees, Washington health care facilities authority, each
member of the Washington health services commission,
higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance
commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals,
information services board, recreation and conservation
funding board, state investment board, commission on judicial conduct, legislative ethics board, liquor control board,
lottery commission, marine oversight board, Pacific Northwest electric power and conservation planning council, parks
and recreation commission, board of pilotage commissioners,
pollution control hearings board, public disclosure commission, public pension commission, shorelines hearings board,
public employees’ benefits board, salmon recovery funding
board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission,
Washington personnel resources board, Washington public
power supply system executive board, Washington State
University board of regents, Western Washington University
board of trustees, and fish and wildlife commission. [2009 c
565 § 24. Prior: 2007 c 341 § 48; 2007 c 241 § 2; 2007 c 15
§ 1; 2006 c 265 § 113; 2005 c 424 § 17; prior: 2001 c 36 § 1;
2001 c 9 § 1; 1996 c 186 § 504; prior: 1995 c 399 § 60; 1995
c 397 § 10; prior: 1993 sp.s. c 2 § 18; 1993 c 492 § 488; 1993
c 281 § 43; 1991 c 200 § 404; 1991 c 3 § 293; prior: 1989 1st
ex.s. c 9 § 812; 1989 c 279 § 22; 1989 c 158 § 2; 1988 c 36 §
13; 1987 c 504 § 14; 1985 c 6 § 8; 1984 c 34 § 2.]
Severability—Effective date—2007 c 341: See RCW 90.71.906 and
90.71.907.
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
Intent—Effective date—2007 c 241: See notes following RCW
79A.25.005.
Part headings not law—Effective date—Severability—2006 c 265:
See RCW 43.215.904 through 43.215.906.
Captions not law—Liberal construction—Severability—Effective
dates—2005 c 424: See RCW 43.350.900 through 43.350.903.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
42.17.241 Contents of report. (Effective until January 1, 2012.) (1) The statement of financial affairs required
by RCW 42.17.240 shall disclose for the reporting individual
and each member of his or her immediate family:
(a) Occupation, name of employer, and business address;
and
(b) Each bank or savings account or insurance policy in
which any such person or persons owned a direct financial
interest that exceeded *five thousand dollars at any time during the reporting period; each other item of intangible personal property in which any such person or persons owned a
direct financial interest, the value of which exceeded *five
hundred dollars during the reporting period; the name,
address, and nature of the entity; and the nature and highest
value of each such direct financial interest during the reporting period; and
(c) The name and address of each creditor to whom the
value of *five hundred dollars or more was owed; the original
amount of each debt to each such creditor; the amount of each
debt owed to each creditor as of the date of filing; the terms
of repayment of each such debt; and the security given, if
any, for each such debt: PROVIDED, That debts arising out
of a "retail installment transaction" as defined in chapter
63.14 RCW (Retail Installment Sales Act) need not be
reported; and
(d) Every public or private office, directorship, and position held as trustee; and
(e) All persons for whom any legislation, rule, rate, or
standard has been prepared, promoted, or opposed for current
or deferred compensation: PROVIDED, That for the purposes of this subsection, "compensation" does not include
payments made to the person reporting by the governmental
entity for which such person serves as an elected official or
state executive officer or professional staff member for his
service in office; the description of such actual or proposed
legislation, rules, rates, or standards; and the amount of current or deferred compensation paid or promised to be paid;
and
(f) The name and address of each governmental entity,
corporation, partnership, joint venture, sole proprietorship,
association, union, or other business or commercial entity
from whom compensation has been received in any form of a
total value of five hundred dollars or more; the value of the
compensation; and the consideration given or performed in
exchange for the compensation; and
(g) The name of any corporation, partnership, joint venture, association, union, or other entity in which is held any
office, directorship, or any general partnership interest, or an
ownership interest of ten percent or more; the name or title of
that office, directorship, or partnership; the nature of owner42.17.241
(2010 Ed.)
42.17.241
ship interest; and with respect to each such entity: (i) With
respect to a governmental unit in which the official seeks or
holds any office or position, if the entity has received compensation in any form during the preceding twelve months
from the governmental unit, the value of the compensation
and the consideration given or performed in exchange for the
compensation; (ii) the name of each governmental unit, corporation, partnership, joint venture, sole proprietorship, association, union, or other business or commercial entity from
which the entity has received compensation in any form in
the amount of *two thousand five hundred dollars or more
during the preceding twelve months and the consideration
given or performed in exchange for the compensation: PROVIDED, That the term "compensation" for purposes of this
subsection (1)(g)(ii) does not include payment for water and
other utility services at rates approved by the Washington
state utilities and transportation commission or the legislative
authority of the public entity providing the service: PROVIDED, FURTHER, That with respect to any bank or commercial lending institution in which is held any office, directorship, partnership interest, or ownership interest, it shall
only be necessary to report either the name, address, and
occupation of every director and officer of the bank or commercial lending institution and the average monthly balance
of each account held during the preceding twelve months by
the bank or commercial lending institution from the governmental entity for which the individual is an official or candidate or professional staff member, or all interest paid by a
borrower on loans from and all interest paid to a depositor by
the bank or commercial lending institution if the interest
exceeds *six hundred dollars; and
(h) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*two thousand five hundred dollars in which any direct financial interest was acquired during the preceding calendar year,
and a statement of the amount and nature of the financial
interest and of the consideration given in exchange for that
interest; and
(i) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*two thousand five hundred dollars in which any direct financial interest was divested during the preceding calendar year,
and a statement of the amount and nature of the consideration
received in exchange for that interest, and the name and
address of the person furnishing the consideration; and
(j) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*two thousand five hundred dollars in which a direct financial interest was held: PROVIDED, That if a description of
the property has been included in a report previously filed,
the property may be listed, for purposes of this provision, by
reference to the previously filed report; and
(k) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*five thousand dollars, in which a corporation, partnership,
firm, enterprise, or other entity had a direct financial interest,
[Title 42 RCW—page 31]
42.17.242
Title 42 RCW: Public Officers and Agencies
in which corporation, partnership, firm, or enterprise a ten
percent or greater ownership interest was held; and
(l) A list of each occasion, specifying date, donor, and
amount, at which food and beverage in excess of fifty dollars
was accepted under RCW 42.52.150(5); and
(m) A list of each occasion, specifying date, donor, and
amount, at which items specified in RCW 42.52.010(10) (d)
and (f) were accepted; and
(n) Such other information as the commission may deem
necessary in order to properly carry out the purposes and policies of this chapter, as the commission shall prescribe by
rule.
(2) Where an amount is required to be reported under
subsection (1)(a) through (m) of this section, it shall be sufficient to comply with the requirement to report whether the
amount is less than *one thousand dollars, at least *one thousand dollars but less than *five thousand dollars, at least *five
thousand dollars but less than *ten thousand dollars, at least
*ten thousand dollars but less than *twenty-five thousand
dollars, or *twenty-five thousand dollars or more. An
amount of stock may be reported by number of shares instead
of by market value. No provision of this subsection may be
interpreted to prevent any person from filing more information or more detailed information than required.
(3) Items of value given to an official’s or employee’s
spouse, domestic partner, or family member are attributable
to the official or employee, except the item is not attributable
if an independent business, family, or social relationship
exists between the donor and the spouse, domestic partner, or
family member. [2008 c 6 § 202; 1995 c 397 § 9; 1984 c 34
§ 3; 1979 ex.s. c 126 § 42.]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17.370. For current dollar amounts, see chapter 390-24 of the Washington Administrative Code (WAC).
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
42.17.242 Concealing identity of source of payment
prohibited—Exception. (Effective until January 1, 2012.)
No payment shall be made to any person required to report
under RCW 42.17.240 and no payment shall be accepted by
any such person, directly or indirectly, in a fictitious name,
anonymously, or by one person through an agent, relative, or
other person in such a manner as to conceal the identity of the
source of the payment or in any other manner so as to effect
concealment except that the commission may issue categorical and specific exemptions to the reporting of the actual
source when there is an undisclosed principal for recognized
legitimate business purposes. [1977 ex.s. c 336 § 4.]
42.17.242
Additional notes found at www.leg.wa.gov
REPORTING BY PUBLIC TREASURERS
42.17.245 Public accounts of governmental entities
held by financial institutions—Statements and reports—
Contents—Filing. (Effective until January 1, 2012.) After
January 1st and before April 15th of each calendar year, the
state treasurer, each county, public utility district, and port
district treasurer, and each treasurer of an incorporated city or
42.17.245
[Title 42 RCW—page 32]
town whose population exceeds one thousand shall file with
the commission:
(1) A statement under oath that no public funds under
that treasurer’s control were invested in any institution where
the treasurer or, in the case of a county, a member of the
county finance committee, held during the reporting period
an office, directorship, partnership interest, or ownership
interest; or
(2) A report disclosing for the previous calendar year:
(a) The name and address of each financial institution in
which the treasurer or, in the case of a county, a member of
the county finance committee, held during the reporting
period an office, directorship, partnership interest, or ownership interest which holds or has held during the reporting
period public accounts of the governmental entity for which
the treasurer is responsible; (b) the aggregate sum of time and
demand deposits held in each such financial institution on
December 31; and (c) the highest balance held at any time
during such reporting period: PROVIDED, That the state
treasurer shall disclose the highest balance information only
upon request under chapter 42.56 RCW. The statement or
report required by this section shall be filed either with the
statement required under RCW 42.17.240 or separately.
[2005 c 274 § 282; 1983 c 213 § 1; 1981 c 102 § 1; 1975-’76
2nd ex.s. c 112 § 10.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
ADMINISTRATION AND ENFORCEMENT
42.17.350 Public disclosure commission—Established—Membership—Prohibited activities—Compensation, travel expenses. (Effective until January 1, 2012.) (1)
There is hereby established a "public disclosure commission"
which shall be composed of five members who shall be
appointed by the governor, with the consent of the senate. All
appointees shall be persons of the highest integrity and qualifications. No more than three members shall have an identification with the same political party.
(2) The term of each member shall be five years. No
member is eligible for appointment to more than one full
term. Any member may be removed by the governor, but
only upon grounds of neglect of duty or misconduct in office.
(3) During his or her tenure, a member of the commission is prohibited from engaging in any of the following
activities, either within or outside the state of Washington:
(a) Holding or campaigning for elective office;
(b) Serving as an officer of any political party or political
committee;
(c) Permitting his or her name to be used in support of or
in opposition to a candidate or proposition;
(d) Soliciting or making contributions to a candidate or
in support of or in opposition to any candidate or proposition;
(e) Participating in any way in any election campaign; or
(f) Lobbying, employing, or assisting a lobbyist, except
that a member or the staff of the commission may lobby to the
limited extent permitted by RCW 42.17.190 on matters
directly affecting this chapter.
(4) A vacancy on the commission shall be filled within
thirty days of the vacancy by the governor, with the consent
of the senate, and the appointee shall serve for the remaining
42.17.350
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
term of his or her predecessor. A vacancy shall not impair the
powers of the remaining members to exercise all of the powers of the commission.
(5) Three members of the commission shall constitute a
quorum. The commission shall elect its own chair and adopt
its own rules of procedure in the manner provided in chapter
34.05 RCW.
(6) Members shall be compensated in accordance with
RCW 43.03.250 and in addition shall be reimbursed for
travel expenses incurred while engaged in the business of the
commission as provided in RCW 43.03.050 and 43.03.060.
The compensation provided pursuant to this section shall not
be considered salary for purposes of the provisions of any
retirement system created pursuant to the general laws of this
state. [1998 c 30 § 1; 1984 c 287 § 74; 1982 c 147 § 15; 1975’76 2nd ex.s. c 112 § 8; 1975-’76 2nd ex.s. c 34 § 93; 1975 1st
ex.s. c 294 § 23; 1973 c 1 § 35 (Initiative Measure No. 276,
approved November 7, 1972).]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
42.17.360 Commission—Duties. (Effective until January 1, 2012.) The commission shall:
(1) Develop and provide forms for the reports and statements required to be made under this chapter;
(2) Prepare and publish a manual setting forth recommended uniform methods of bookkeeping and reporting for
use by persons required to make reports and statements under
this chapter;
(3) Compile and maintain a current list of all filed reports
and statements;
(4) Investigate whether properly completed statements
and reports have been filed within the times required by this
chapter;
(5) Upon complaint or upon its own motion, investigate
and report apparent violations of this chapter to the appropriate law enforcement authorities;
(6) Prepare and publish an annual report to the governor
as to the effectiveness of this chapter and its enforcement by
appropriate law enforcement authorities; and
(7) Enforce this chapter according to the powers granted
it by law. [1973 c 1 § 36 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.360
42.17.362 Toll-free telephone number. (Effective
until January 1, 2012.) In addition to its regular telephone
number, the commission shall offer political committees and
residents of this state the opportunity to contact the commission by a toll-free telephone number. [2000 c 237 § 6.]
42.17.362
42.17.365 Audits and investigations. (Effective until
January 1, 2012.) The commission shall conduct a sufficient
number of audits and field investigations so as to provide a
statistically valid finding regarding the degree of compliance
with the provisions of this chapter by all required filers. Any
documents, records, reports, computer files, papers, or materials provided to the commission for use in conducting audits
and investigations must be returned to the candidate, campaign, or political committee from which they were received
42.17.365
(2010 Ed.)
42.17.3691
within one week of the commission’s completion of an audit
or field investigation. [1999 c 401 § 8; 1993 c 2 § 29 (Initiative Measure No. 134, approved November 3, 1992).]
42.17.367 Web site for commission documents.
(Effective until January 1, 2012.) By February 1, 2000, the
commission shall operate a web site or contract for the operation of a web site that allows access to reports, copies of
reports, or copies of data and information submitted in
reports, filed with the commission under RCW 42.17.040,
42.17.065, 42.17.080, 42.17.100, and 42.17.105. By January
1, 2001, the web site shall allow access to reports, copies of
reports, or copies of data and information submitted in
reports, filed with the commission under RCW 42.17.150,
42.17.170, 42.17.175, and 42.17.180. In addition, the commission shall attempt to make available via the web site other
public records submitted to or generated by the commission
that are required by this chapter to be available for public use
or inspection. [1999 c 401 § 9; 1994 c 40 § 2.]
42.17.367
Findings—1994 c 40: "The legislature finds that government information is a strategic resource and needs to be managed as such and that broad
public access to nonrestricted public information and records must be guaranteed. The legislature further finds that reengineering government processes along with capitalizing on advancements made in digital technology
can build greater efficiencies in government service delivery. The legislature
further finds that providing citizen electronic access to presently available
public documents will allow increased citizen involvement in state policies
and empower citizens to participate in state policy decision making." [1994
c 40 § 1.]
Additional notes found at www.leg.wa.gov
42.17.369 Electronic filing—Availability. (Effective
until January 1, 2012.) (1) By July 1, 1999, the commission
shall make available to candidates, public officials, and political committees that are required to file reports under this
chapter an electronic filing alternative for submitting financial affairs reports, contribution reports, and expenditure
reports, including but not limited to filing by diskette,
modem, satellite, or the Internet.
(2) By January 1, 2002, the commission shall make
available to lobbyists and lobbyists’ employers required to
file reports under RCW 42.17.150, 42.17.170, 42.17.175, or
42.17.180 an electronic filing alternative for submitting these
reports including but not limited to filing by diskette, modem,
satellite, or the Internet.
(3) The commission shall make available to candidates,
public officials, political committees, lobbyists, and lobbyists’ employers an electronic copy of the appropriate reporting forms at no charge. [2000 c 237 § 3; 1999 c 401 § 11.]
42.17.369
42.17.3691 Electronic filing—When required.
(Effective until January 1, 2012.) (1) Beginning January 1,
2002, each candidate or political committee that expended
twenty-five thousand dollars or more in the preceding year or
expects to expend twenty-five thousand dollars or more in the
current year shall file all contribution reports and expenditure
reports required by this chapter by the electronic alternative
provided by the commission under RCW 42.17.369. The
commission may make exceptions on a case-by-case basis for
candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.
42.17.3691
[Title 42 RCW—page 33]
42.17.370
Title 42 RCW: Public Officers and Agencies
(2) Beginning January 1, 2004, each candidate or political committee that expended ten thousand dollars or more in
the preceding year or expects to expend ten thousand dollars
or more in the current year shall file all contribution reports
and expenditure reports required by this chapter by the electronic alternative provided by the commission under RCW
42.17.369. The commission may make exceptions on a caseby-case basis for candidates whose authorized committees
lack the technological ability to file reports using the electronic alternative provided by the commission.
(3) Failure by a candidate or political committee to comply with this section is a violation of this chapter. [2000 c 237
§ 4; 1999 c 401 § 12.]
42.17.370 Commission—Additional powers. (Effective until January 1, 2012.) The commission is empowered
to:
(1) Adopt, promulgate, amend, and rescind suitable
administrative rules to carry out the policies and purposes of
this chapter, which rules shall be adopted under chapter 34.05
RCW. Any rule relating to campaign finance, political
advertising, or related forms that would otherwise take effect
after June 30th of a general election year shall take effect no
earlier than the day following the general election in that
year;
(2) Appoint and set, within the limits established by the
department of personnel under RCW 43.03.028, the compensation of an executive director who shall perform such duties
and have such powers as the commission may prescribe and
delegate to implement and enforce this chapter efficiently
and effectively. The commission shall not delegate its
authority to adopt, amend, or rescind rules nor shall it delegate authority to determine whether an actual violation of this
chapter has occurred or to assess penalties for such violations;
(3) Prepare and publish such reports and technical studies as in its judgment will tend to promote the purposes of this
chapter, including reports and statistics concerning campaign
financing, lobbying, financial interests of elected officials,
and enforcement of this chapter;
(4) Make from time to time, on its own motion, audits
and field investigations;
(5) Make public the time and date of any formal hearing
set to determine whether a violation has occurred, the question or questions to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas,
and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or
other records relevant or material for the purpose of any
investigation authorized under this chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees
of obligations to comply with the provisions of this chapter
relating to election campaigns, if they have not received contributions nor made expenditures in connection with any
election campaign of more than *one thousand dollars;
(9) Adopt rules prescribing reasonable requirements for
keeping accounts of and reporting on a quarterly basis costs
incurred by state agencies, counties, cities, and other munici42.17.370
[Title 42 RCW—page 34]
palities and political subdivisions in preparing, publishing,
and distributing legislative information. The term "legislative information," for the purposes of this subsection, means
books, pamphlets, reports, and other materials prepared, published, or distributed at substantial cost, a substantial purpose
of which is to influence the passage or defeat of any legislation. The state auditor in his or her regular examination of
each agency under chapter 43.09 RCW shall review the rules,
accounts, and reports and make appropriate findings, comments, and recommendations in his or her examination
reports concerning those agencies;
(10) After hearing, by order approved and ratified by a
majority of the membership of the commission, suspend or
modify any of the reporting requirements of this chapter in a
particular case if it finds that literal application of this chapter
works a manifestly unreasonable hardship and if it also finds
that the suspension or modification will not frustrate the purposes of the chapter. The commission shall find that a manifestly unreasonable hardship exists if reporting the name of
an entity required to be reported under **RCW
42.17.241(1)(g)(ii) would be likely to adversely affect the
competitive position of any entity in which the person filing
the report or any member of his or her immediate family
holds any office, directorship, general partnership interest, or
an ownership interest of ten percent or more. Any suspension
or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to
suspend or modify any reporting requirements only if it
determines that facts exist that are clear and convincing proof
of the findings required under this section. Requests for
renewals of reporting modifications may be heard in a brief
adjudicative proceeding as set forth in RCW 34.05.482
through 34.05.494 and in accordance with the standards
established in this section. No initial request may be heard in
a brief adjudicative proceeding and no request for renewal
may be heard in a brief adjudicative proceeding if the initial
request was granted more than three years previously or if the
applicant is holding an office or position of employment different from the office or position held when the initial request
was granted. The commission shall adopt administrative
rules governing the proceedings. Any citizen has standing to
bring an action in Thurston county superior court to contest
the propriety of any order entered under this section within
one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more
often than every two years, the monetary reporting thresholds
and reporting code values of this chapter. The revisions shall
be only for the purpose of recognizing economic changes as
reflected by an inflationary index recommended by the office
of financial management. The revisions shall be guided by
the change in the index for the period commencing with the
month of December preceding the last revision and concluding with the month of December preceding the month the
revision is adopted. As to each of the three general categories
of this chapter (reports of campaign finance, reports of lobbyist activity, and reports of the financial affairs of elected and
appointed officials), the revisions shall equally affect all
thresholds within each category. Revisions shall be adopted
as rules under chapter 34.05 RCW. The first revision authorized by this subsection shall reflect economic changes from
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
the time of the last legislative enactment affecting the respective code or threshold through December 1985;
(12) Develop and provide to filers a system for certification of reports required under this chapter which are transmitted by facsimile or electronically to the commission. Implementation of the program is contingent on the availability of
funds. [2010 1st sp.s. c 7 § 4; 1995 c 397 § 17; 1994 c 40 §
3; 1986 c 155 § 11; 1985 c 367 § 11; 1984 c 34 § 7; 1977 ex.s.
c 336 § 7; 1975 1st ex.s. c 294 § 25; 1973 c 1 § 37 (Initiative
Measure No. 276, approved November 7, 1972).]
Reviser’s note: *(1) The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of subsection (11) of this section. For current dollar amounts, see chapter
390-16 of the Washington Administrative Code (WAC).
**(2) RCW 42.17.241 was recodified as RCW 42.17A.710 pursuant to
2010 c 204 § 1102, effective January 1, 2012.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Findings—Severability—Effective date—1994 c 40: See notes following RCW 42.17.367.
Additional notes found at www.leg.wa.gov
42.17.380 Duties of attorney general. (Effective until
January 1, 2012.) The attorney general, through his office,
shall supply such assistance as the commission may require
in order to carry out its responsibilities under this chapter.
The commission may employ attorneys who are neither the
attorney general nor an assistant attorney general to carry out
any function of the attorney general prescribed in this chapter. [2010 c 205 § 8; 1982 c 35 § 196; 1975 1st ex.s. c 294 §
26; 1973 c 1 § 38 (Initiative Measure No. 276, approved
November 7, 1972).]
42.17.380
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
42.17.390 Civil remedies and sanctions. (Effective
until January 1, 2012.) One or more of the following civil
remedies and sanctions may be imposed by court order in
addition to any other remedies provided by law:
(1) If the court finds that the violation of any provision of
this chapter by any candidate or political committee probably
affected the outcome of any election, the result of said election may be held void and a special election held within sixty
days of such finding. Any action to void an election shall be
commenced within one year of the date of the election in
question. It is intended that this remedy be imposed freely in
all appropriate cases to protect the right of the electorate to an
informed and knowledgeable vote.
(2) If any lobbyist or sponsor of any grass roots lobbying
campaign violates any of the provisions of this chapter, his or
her registration may be revoked or suspended and he or she
may be enjoined from receiving compensation or making
expenditures for lobbying: PROVIDED, HOWEVER, That
imposition of such sanction shall not excuse said lobbyist
from filing statements and reports required by this chapter.
(3) Any person who violates any of the provisions of this
chapter may be subject to a civil penalty of not more than ten
thousand dollars for each such violation. However, a person
or entity who violates RCW 42.17.640 may be subject to a
civil penalty of ten thousand dollars or three times the amount
of the contribution illegally made or accepted, whichever is
greater.
42.17.390
(2010 Ed.)
42.17.395
(4) Any person who fails to file a properly completed
statement or report within the time required by this chapter
may be subject to a civil penalty of ten dollars per day for
each day each such delinquency continues.
(5) Any person who fails to report a contribution or
expenditure as required by this chapter may be subject to a
civil penalty equivalent to the amount not reported as
required.
(6) The court may enjoin any person to prevent the doing
of any act herein prohibited, or to compel the performance of
any act required herein. [2006 c 315 § 2; 1993 c 2 § 28 (Initiative Measure No. 134, approved November 3, 1992); 1973
c 1 § 39 (Initiative Measure No. 276, approved November 7,
1972).]
Intent—2006 c 315: "It is the intent of the legislature to increase the
authority of the public disclosure commission to more effectively foster
compliance with our state’s public disclosure and fair campaign practices
act. It is the intent of the legislature to make the agency’s penalty authority
for violations of this chapter more consistent with other agencies that enforce
state ethics laws and more commensurate with the level of political spending
in the state of Washington." [2006 c 315 § 1.]
Severability—2006 c 315: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2006 c 315 § 4.]
42.17.395
42.17.395 Violations—Determination by commission—Procedure. (Effective until January 1, 2012.) (1)
The commission may (a) determine whether an actual violation of this chapter has occurred; and (b) issue and enforce an
appropriate order following such determination.
(2) The commission, in cases where it chooses to determine whether an actual violation has occurred, shall hold a
hearing pursuant to the Administrative Procedure Act, chapter 34.05 RCW, to make such determination. Any order that
the commission issues under this section shall be pursuant to
such hearing.
(3) In lieu of holding a hearing or issuing an order under
this section, the commission may refer the matter to the attorney general or other enforcement agency as provided in RCW
42.17.360.
(4) The person against whom an order is directed under
this section shall be designated as the respondent. The order
may require the respondent to cease and desist from the activity that constitutes a violation and in addition, or alternatively, may impose one or more of the remedies provided in
RCW 42.17.390 (2) through (5). No individual penalty
assessed by the commission may exceed one thousand seven
hundred dollars, and in any case where multiple violations
are involved in a single complaint or hearing, the maximum
aggregate penalty may not exceed four thousand two hundred
dollars.
(5) An order issued by the commission under this section
shall be subject to judicial review under the Administrative
Procedure Act, chapter 34.05 RCW. If the commission’s
order is not satisfied and no petition for review is filed within
thirty days as provided in RCW 34.05.542, the commission
may petition a court of competent jurisdiction of any county
in which a petition for review could be filed under that section, for an order of enforcement. Proceedings in connection
with the commission’s petition shall be in accordance with
[Title 42 RCW—page 35]
42.17.397
Title 42 RCW: Public Officers and Agencies
RCW 42.17.397. [2006 c 315 § 3; 1989 c 175 § 91; 1985 c
367 § 12; 1982 c 147 § 16; 1975-’76 2nd ex.s. c 112 § 12.]
Intent—Severability—2006 c 315: See notes following RCW
42.17.390.
Additional notes found at www.leg.wa.gov
42.17.397 Procedure upon petition for enforcement
of order of commission—Court’s order of enforcement.
(Effective until January 1, 2012.) The following procedure
shall apply in all cases where the commission has petitioned
a court of competent jurisdiction for enforcement of any
order it has issued pursuant to this chapter:
(1) A copy of the petition shall be served by certified
mail directed to the respondent at his last known address. The
court shall issue an order directing the respondent to appear at
a time designated in the order, not less than five days from the
date thereof, and show cause why the commission’s order
should not be enforced according to its terms.
(2) The commission’s order shall be enforced by the
court if the respondent does not appear, or if the respondent
appears and the court finds, pursuant to a hearing held for that
purpose:
(a) That the commission’s order is unsatisfied; and
(b) That the order is regular on its face; and
(c) That the respondent’s answer discloses no valid reason why the commission’s order should not be enforced or
that the respondent had an appropriate remedy by review
under RCW 34.05.570(3) and failed to avail himself of that
remedy without valid excuse.
(3) Upon appropriate application by the respondent, the
court may, after hearing and for good cause, alter, amend,
revise, suspend, or postpone all or part of the commission’s
order. In any case where the order is not enforced by the court
according to its terms, the reasons for the court’s actions shall
be clearly stated in writing, and such action shall be subject to
review by the appellate courts by certiorari or other appropriate proceeding.
(4) The court’s order of enforcement, when entered, shall
have the same force and effect as a civil judgment.
(5) Notwithstanding RCW 34.05.578 through 34.05.590,
this section is the exclusive method for enforcing an order of
the commission. [1989 c 175 § 92; 1982 c 147 § 17; 1975-’76
2nd ex.s. c 112 § 13.]
42.17.397
Additional notes found at www.leg.wa.gov
42.17.400 Enforcement. (Effective until January 1,
2012.) (1) The attorney general and the prosecuting authorities of political subdivisions of this state may bring civil
actions in the name of the state for any appropriate civil remedy, including but not limited to the special remedies provided in RCW 42.17.390.
(2) The attorney general and the prosecuting authorities
of political subdivisions of this state may investigate or cause
to be investigated the activities of any person who there is
reason to believe is or has been acting in violation of this
chapter, and may require any such person or any other person
reasonably believed to have information concerning the
activities of such person to appear at a time and place designated in the county in which such person resides or is found,
to give such information under oath and to produce all
42.17.400
[Title 42 RCW—page 36]
accounts, bills, receipts, books, paper and documents which
may be relevant or material to any investigation authorized
under this chapter.
(3) When the attorney general or the prosecuting authority of any political subdivision of this state requires the attendance of any person to obtain such information or the production of the accounts, bills, receipts, books, papers, and documents which may be relevant or material to any investigation
authorized under this chapter, he shall issue an order setting
forth the time when and the place where attendance is
required and shall cause the same to be delivered to or sent by
registered mail to the person at least fourteen days before the
date fixed for attendance. Such order shall have the same
force and effect as a subpoena, shall be effective statewide,
and, upon application of the attorney general or said prosecuting authority, obedience to the order may be enforced by
any superior court judge in the county where the person
receiving it resides or is found, in the same manner as though
the order were a subpoena. The court, after hearing, for good
cause, and upon application of any person aggrieved by the
order, shall have the right to alter, amend, revise, suspend, or
postpone all or any part of its provisions. In any case where
the order is not enforced by the court according to its terms,
the reasons for the court’s actions shall be clearly stated in
writing, and such action shall be subject to review by the
appellate courts by certiorari or other appropriate proceeding.
(4) Any person who has notified the attorney general and
the prosecuting attorney in the county in which the violation
occurred in writing that there is reason to believe that some
provision of this chapter is being or has been violated may
himself bring in the name of the state any of the actions (hereinafter referred to as a citizen’s action) authorized under this
chapter.
(a) This citizen action may be brought only if:
(i) The attorney general and the prosecuting attorney
have failed to commence an action hereunder within fortyfive days after such notice;
(ii) Such person has thereafter further notified the attorney general and prosecuting attorney that said person will
commence a citizen’s action within ten days upon their failure so to do;
(iii) The attorney general and the prosecuting attorney
have in fact failed to bring such action within ten days of
receipt of said second notice; and
(iv) The citizen’s action is filed within two years after
the date when the alleged violation occurred.
(b) If the person who brings the citizen’s action prevails,
the judgment awarded shall escheat to the state, but he shall
be entitled to be reimbursed by the state of Washington for
costs and attorney’s fees he has incurred: PROVIDED, That
in the case of a citizen’s action which is dismissed and which
the court also finds was brought without reasonable cause,
the court may order the person commencing the action to pay
all costs of trial and reasonable attorney’s fees incurred by the
defendant.
(5) In any action brought under this section, the court
may award to the state all costs of investigation and trial,
including a reasonable attorney’s fee to be fixed by the court.
If the violation is found to have been intentional, the amount
of the judgment, which shall for this purpose include the
costs, may be trebled as punitive damages. If damages or tre(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
bled damages are awarded in such an action brought against
a lobbyist, the judgment may be awarded against the lobbyist,
and the lobbyist’s employer or employers joined as defendants, jointly, severally, or both. If the defendant prevails, he
shall be awarded all costs of trial, and may be awarded a reasonable attorney’s fee to be fixed by the court to be paid by
the state of Washington. [2007 c 455 § 1; 1975 1st ex.s. c 294
§ 27; 1973 c 1 § 40 (Initiative Measure No. 276, approved
November 7, 1972).]
42.17.405
42.17.405 Suspension, reapplication of reporting
requirements in small political subdivisions. (Effective
until January 1, 2012.) (1) Except as provided in subsections (2), (3), and (7) of this section, the reporting provisions
of this chapter do not apply to candidates, elected officials,
and agencies in political subdivisions with less than one thousand registered voters as of the date of the most recent general election in the jurisdiction, to political committees
formed to support or oppose candidates or ballot propositions
in such political subdivisions, or to persons making independent expenditures in support of or opposition to such ballot
propositions.
(2) The reporting provisions of this chapter apply in any
exempt political subdivision from which a "petition for disclosure" containing the valid signatures of fifteen percent of
the number of registered voters, as of the date of the most
recent general election in the political subdivision, is filed
with the commission. The commission shall by rule prescribe the form of the petition. After the signatures are gathered, the petition shall be presented to the auditor or elections
officer of the county, or counties, in which the political subdivision is located. The auditor or elections officer shall verify the signatures and certify to the commission that the petition contains no less than the required number of valid signatures. The commission, upon receipt of a valid petition, shall
order every known affected person in the political subdivision to file the initially required statement and reports within
fourteen days of the date of the order.
(3) The reporting provisions of this chapter apply in any
exempt political subdivision that by ordinance, resolution, or
other official action has petitioned the commission to make
the provisions applicable to elected officials and candidates
of the exempt political subdivision. A copy of the action
shall be sent to the commission. If the commission finds the
petition to be a valid action of the appropriate governing body
or authority, the commission shall order every known
affected person in the political subdivision to file the initially
required statement and reports within fourteen days of the
date of the order.
(4) The commission shall void any order issued by it pursuant to subsection (2) or (3) of this section when, at least
four years after issuing the order, the commission is presented a petition or official action so requesting from the
affected political subdivision. Such petition or official action
shall meet the respective requirements of subsection (2) or
(3) of this section.
(5) Any petition for disclosure, ordinance, resolution, or
official action of an agency petitioning the commission to
void the exemption in RCW 42.17.030(3) shall not be considered unless it has been filed with the commission:
(2010 Ed.)
42.17.440
(a) In the case of a ballot measure, at least sixty days
before the date of any election in which campaign finance
reporting is to be required;
(b) In the case of a candidate, at least sixty days before
the first day on which a person may file a declaration of candidacy for any election in which campaign finance reporting
is to be required.
(6) Any person exempted from reporting under this
chapter may at his or her option file the statement and reports.
(7) The reporting provisions of this chapter apply to a
candidate in any political subdivision if the candidate
receives or expects to receive five thousand dollars or more in
contributions. [2006 c 240 § 2; 1986 c 12 § 3; 1985 c 367 §
13; 1982 c 60 § 1.]
42.17.410 Limitation on actions. (Effective until January 1, 2012.) Except as provided in RCW
42.17.400(4)(a)(iv), any action brought under the provisions
of this chapter must be commenced within five years after the
date when the violation occurred. [2007 c 455 § 2; 1982 c
147 § 18; 1973 c 1 § 41 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.410
42.17.420 Date of mailing deemed date of receipt—
Exceptions—Electronic filings. (Effective until January 1,
2012.) (1) Except as provided in subsection (2) of this section, when any application, report, statement, notice, or payment required to be made under the provisions of this chapter
has been deposited postpaid in the United States mail properly addressed, it shall be deemed to have been received on
the date of mailing. It shall be presumed that the date shown
by the post office cancellation mark on the envelope is the
date of mailing. The provisions of this section do not apply to
reports required to be delivered under RCW 42.17.105 and
42.17.175.
(2) When a report is filed electronically with the commission, it is deemed to have been received on the file transfer date. The commission shall notify the filer of receipt of
the electronically filed report. Such notification may be sent
by mail, facsimile, or electronic mail. If the notification of
receipt of the electronically filed report is not received by the
filer, the filer may offer his or her own proof of sending the
report, and such proof shall be treated as if it were a receipt
sent by the commission. Electronic filing may be used for
purposes of filing the special reports required to be delivered
under RCW 42.17.105 and 42.17.175. [1999 c 401 § 10;
1995 c 397 § 18; 1983 c 176 § 2; 1973 c 1 § 42 (Initiative
Measure No. 276, approved November 7, 1972).]
42.17.420
42.17.430 Certification of reports. (Effective until
January 1, 2012.) Every report and statement required to be
filed under this chapter shall identify the person preparing it,
and shall be certified as complete and correct, both by the
person preparing it and by the person on whose behalf it is
filed. [1973 c 1 § 43 (Initiative Measure No. 276, approved
November 7, 1972).]
42.17.430
42.17.440 Statements and reports public records.
(Effective until January 1, 2012.) All statements and reports
filed under this chapter shall be public records of the agency
42.17.440
[Title 42 RCW—page 37]
42.17.450
Title 42 RCW: Public Officers and Agencies
where they are filed, and shall be available for public inspection and copying during normal business hours at the expense
of the person requesting copies, provided that the charge for
such copies shall not exceed actual cost to the agency. [1973
c 1 § 44 (Initiative Measure No. 276, approved November 7,
1972).]
42.17.450 Duty to preserve statements and reports.
(Effective until January 1, 2012.) The commission must
preserve statements or reports required to be filed under this
chapter for not less than ten years. [2010 c 205 § 9; 1973 c 1
§ 45 (Initiative Measure No. 276, approved November 7,
1972).]
42.17.450
42.17.460 Access to reports—Legislative intent.
(Effective until January 1, 2012.) It is the intent of the legislature to ensure that the commission provide the general
public timely access to all contribution and expenditure
reports submitted by candidates, continuing political committees, bona fide political parties, lobbyists, and lobbyists’
employers. The legislature finds that failure to meet goals for
full and timely disclosure threatens to undermine our electoral process.
Furthermore, the legislature intends for the commission
to consult with the department of information services as it
seeks to implement chapter 401, Laws of 1999, and that the
commission follow the standards and procedures established
by the department of information services in chapter 43.105
RCW as they relate to information technology. [1999 c 401
§ 1.]
42.17.460
42.17.461 Access goals. (Effective until January 1,
2012.) (1) The commission shall establish goals that all
reports, copies of reports, or copies of the data or information
included in reports, filed under RCW 42.17.040, 42.17.065,
42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170,
42.17.175, and 42.17.180, that are:
(a) Submitted using the commission’s electronic filing
system shall be accessible in the commission’s office within
two business days of the commission’s receipt of the report
and shall be accessible on the commission’s web site within
seven business days of the commission’s receipt of the
report; and
(b) Submitted in any format or using any method other
than as described in (a) of this subsection, shall be accessible
in the commission’s office within four business days of the
actual physical receipt of the report, and not the technical
date of filing as provided under RCW 42.17.420, and shall be
accessible on the commission’s web site within fourteen
business days of the actual physical receipt of the report, and
not the technical date of filing as provided under RCW
42.17.420, as specified in rule adopted by the commission.
(2) On January 1, 2001, or shortly thereafter, the commission shall revise these goals to reflect that all reports, copies of reports, or copies of the data or information included in
reports, filed under RCW 42.17.040, 42.17.065, 42.17.080,
42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and
42.17.180, that are:
(a) Submitted using the commission’s electronic filing
system shall be accessible in the commission’s office within
42.17.461
[Title 42 RCW—page 38]
two business days of the commission’s receipt of the report
and on the commission’s web site within four business days
of the commission’s receipt of the report; and
(b) Submitted in any format or using any method other
than as described in (a) of this subsection, shall be accessible
in the commission’s office within four business days of the
actual physical receipt of the report, and not the technical
date of filing as provided under RCW 42.17.420, and on the
commission’s web site within seven business days of the
actual physical receipt of the report, and not the technical
date of filing as provided under RCW 42.17.420, as specified
in rule adopted by the commission.
(3) On January 1, 2002, or shortly thereafter, the commission shall revise these goals to reflect that all reports, copies of reports, or copies of the data or information included in
reports, filed under RCW 42.17.040, 42.17.065, 42.17.080,
42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and
42.17.180, that are:
(a) Submitted using the commission’s electronic filing
system must be accessible in the commission’s office and on
the commission’s web site within two business days of the
commission’s receipt of the report; and
(b) Submitted in any format or using any method other
than as described in (a) of this subsection, must be accessible
in the commission’s office and on the commission’s web site
within four business days of the actual physical receipt of the
report, and not the technical date of filing as provided under
RCW 42.17.420, as specified in rule adopted by the commission. [2000 c 237 § 5; 1999 c 401 § 2.]
42.17.463 Access performance measures. (Effective
until January 1, 2012.) By July 1st of each year beginning
in 2000, the commission shall calculate the following performance measures, provide a copy of the performance measures to the governor and appropriate legislative committees,
and make the performance measures available to the public:
(1) The average number of days that elapse between the
commission’s receipt of reports filed under RCW 42.17.040,
42.17.065, 42.17.080, and 42.17.100 and the time that the
report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the general
public (a) in the commission’s office, and (b) via the commission’s web site;
(2) The average number of days that elapse between the
commission’s receipt of reports filed under RCW 42.17.105
and the time that the report, a copy of the report, or a copy of
the data or information included in the report, is first accessible to the general public (a) in the commission’s office, and
(b) via the commission’s web site;
(3) The average number of days that elapse between the
commission’s receipt of reports filed under RCW 42.17.150,
42.17.170, 42.17.175, and 42.17.180 and the time that the
report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the general
public (a) in the commission’s office, and (b) via the commission’s web site;
(4) The percentage of candidates, categorized as statewide, state legislative, or local, that have used each of the following methods to file reports under RCW 42.17.080 or
42.17.105: (a) Hard copy paper format; (b) electronic format
via diskette; (c) electronic format via modem or satellite; (d)
42.17.463
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
electronic format via the Internet; and (e) any other format or
method;
(5) The percentage of continuing political committees
that have used each of the following methods to file reports
under RCW 42.17.065 or 42.17.105: (a) Hard copy paper
format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the
Internet; and (e) any other format or method; and
(6) The percentage of lobbyists and lobbyists’ employers
that have used each of the following methods to file reports
under RCW 42.17.150, 42.17.170, 42.17.175, or 42.17.180:
(a) Hard copy paper format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the Internet; and (e) any other format or
method. [1999 c 401 § 3.]
42.17.465 Information technology plan—Contents.
(Effective until January 1, 2012.) (1) The commission shall
develop an information technology plan consistent with plans
or portfolios required by chapter 43.105 RCW.
(2) The plan must include, but not be limited to, the following:
(a) A baseline assessment of the agency’s information
technology resources and capabilities that will serve as the
benchmark for subsequent planning and performance measures;
(b) A statement of the agency’s mission, goals, and
objectives for information technology, including goals and
objectives for achieving electronic access to agency records,
information, and services for at least the next five years;
(c) An explanation of how the agency’s mission, goals,
and objectives for information technology support and conform to the state strategic information technology plan;
(d) An implementation strategy to enhance electronic
access to public records and information required to be filed
with and disclosed by the commission. This implementation
strategy must be assembled to include:
(i) Adequate public notice and opportunity for comment;
(ii) Consideration of a variety of electronic technologies,
including those that help to transcend geographic locations,
standard business hours, economic conditions of users, and
disabilities;
(iii) Methods to educate agency employees, the public,
and the news media in the effective use of agency technology;
(iv) Ways to simplify and improve public access to information held by the commission through electronic means;
(e) Projects and resources required to meet the objectives
of the plan; and
(f) If feasible, estimated schedules and funding required
to implement identified projects. [1999 c 401 § 4.]
42.17.465
42.17.467 Information technology plan—Consultation. (Effective until January 1, 2012.) In preparing the
information technology plan, the commission shall consult
with affected state agencies, the department of information
services, and stakeholders in the commission’s work, including representatives of political committees, bona fide political parties, news media, and the general public. [1999 c 401
§ 5.]
42.17.467
(2010 Ed.)
42.17.510
42.17.469 Information technology plan—Submission. (Effective until January 1, 2012.) The commission
shall submit the information technology plan to the senate
and house of representatives fiscal committees, the governor,
the senate state and local government committee, the house
of representatives state government committee, and the
department of information services by February 1, 2000. It is
the intent of the legislature that the commission thereafter
comply with the requirements of chapter 43.105 RCW with
respect to preparation and submission of biennial performance reports on the commission’s information technology.
[1999 c 401 § 6.]
42.17.469
42.17.471 Access performance reports. (Effective
until January 1, 2012.) The commission shall prepare and
submit to the department of information services a biennial
performance report in accordance with chapter 43.105 RCW.
The report must include:
(1) An evaluation of the agency’s performance relating
to information technology;
(2) An assessment of progress made toward implementing the agency information technology plan;
(3) An analysis of the commission’s performance measures, set forth in RCW 42.17.463, that relate to the electronic
filing of reports and timely public access to those reports via
the commission’s web site;
(4) A comprehensive description of the methods by
which citizens may interact with the agency in order to obtain
information and services from the commission; and
(5) An inventory of agency information services, equipment, and proprietary software. [1999 c 401 § 7.]
42.17.471
POLITICAL ADVERTISING AND
ELECTIONEERING COMMUNICATIONS
42.17.510 Identification of sponsor—Exemptions.
(Effective until January 1, 2012.) (1) All written political
advertising, whether relating to candidates or ballot propositions, shall include the sponsor’s name and address. All radio
and television political advertising, whether relating to candidates or ballot propositions, shall include the sponsor’s name.
The use of an assumed name for the sponsor of electioneering
communications, independent expenditures, or political
advertising shall be unlawful. For partisan office, if a candidate has expressed a party or independent preference on the
declaration of candidacy, that party or independent designation shall be clearly identified in electioneering communications, independent expenditures, or political advertising.
(2) In addition to the information required by subsection
(1) of this section, except as specifically addressed in subsections (4) and (5) of this section, all political advertising
undertaken as an independent expenditure or an electioneering communication by a person or entity other than a bona
fide political party must include as part of the communication:
(a) The statement: "No candidate authorized this ad. It
is paid for by (name, address, city, state)";
(b) If the sponsor is a political committee, the statement:
"Top Five Contributors," followed by a listing of the names
of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this
42.17.510
[Title 42 RCW—page 39]
42.17.520
Title 42 RCW: Public Officers and Agencies
chapter during the twelve-month period before the date of the
advertisement or communication; and
(c) If the sponsor is a political committee established,
maintained, or controlled directly, or indirectly through the
formation of one or more political committees, by an individual, corporation, union, association, or other entity, the full
name of that individual or entity.
(3) The information required by subsections (1) and (2)
of this section shall:
(a) Appear on the first page or fold of the written advertisement or communication in at least ten-point type, or in
type at least ten percent of the largest size type used in a written advertisement or communication directed at more than
one voter, such as a billboard or poster, whichever is larger;
(b) Not be subject to the half-tone or screening process;
and
(c) Be set apart from any other printed matter.
(4) In an independent expenditure or electioneering communication transmitted via television or other medium that
includes a visual image, the following statement must either
be clearly spoken, or appear in print and be visible for at least
four seconds, appear in letters greater than four percent of the
visual screen height, and have a reasonable color contrast
with the background: "No candidate authorized this ad. Paid
for by (name, city, state)." If the advertisement or communication is undertaken by a nonindividual other than a party
organization, then the following notation must also be
included: "Top Five Contributors" followed by a listing of
the names of the five persons or entities making the largest
contributions in excess of seven hundred dollars reportable
under this chapter during the twelve-month period before the
date of the advertisement. Abbreviations may be used to
describe contributing entities if the full name of the entity has
been clearly spoken previously during the broadcast advertisement.
(5) The following statement shall be clearly spoken in an
independent expenditure or electioneering communication
transmitted by a method that does not include a visual image:
"No candidate authorized this ad. Paid for by (name, city,
state)." If the independent expenditure or electioneering
communication is undertaken by a nonindividual other than a
party organization, then the following statement must also be
included: "Top Five Contributors" followed by a listing of
the names of the five persons or entities making the largest
contributions in excess of seven hundred dollars reportable
under this chapter during the twelve-month period before the
date of the advertisement. Abbreviations may be used to
describe contributing entities if the full name of the entity has
been clearly spoken previously during the broadcast advertisement.
(6) Political yard signs are exempt from the requirement
of subsections (1) and (2) of this section that the name and
address of the sponsor of political advertising be listed on the
advertising. In addition, the public disclosure commission
shall, by rule, exempt from the identification requirements of
subsections (1) and (2) of this section forms of political
advertising such as campaign buttons, balloons, pens, pencils, sky-writing, inscriptions, and other forms of advertising
where identification is impractical.
(7) For the purposes of this section, "yard sign" means
any outdoor sign with dimensions no greater than eight feet
[Title 42 RCW—page 40]
by four feet. [2010 c 204 § 505; 2005 c 445 § 9; 1995 c 397
§ 19; 1993 c 2 § 22 (Initiative Measure No. 134, approved
November 3, 1992); 1984 c 216 § 1.]
Advertising rates for political candidates: RCW 65.16.095.
42.17.520 Picture of candidate. (Effective until January 1, 2012.) At least one picture of the candidate used in any
political advertising shall have been taken within the last five
years and shall be no smaller than the largest picture of the
same candidate used in the same advertisement. [1984 c 216
§ 2.]
42.17.520
42.17.530 Political advertising or electioneering communication—Libel or defamation per se. (Effective until
January 1, 2012.) (1) It is a violation of this chapter for a
person to sponsor with actual malice a statement constituting
libel or defamation per se under the following circumstances:
(a) Political advertising or an electioneering communication that contains a false statement of material fact about a
candidate for public office;
(b) Political advertising or an electioneering communication that falsely represents that a candidate is the incumbent for the office sought when in fact the candidate is not the
incumbent;
(c) Political advertising or an electioneering communication that makes either directly or indirectly, a false claim stating or implying the support or endorsement of any person or
organization when in fact the candidate does not have such
support or endorsement.
(2) For the purposes of this section, "libel or defamation
per se" means statements that tend (a) to expose a living person to hatred, contempt, ridicule, or obloquy, or to deprive
him or her of the benefit of public confidence or social intercourse, or to injure him or her in his or her business or occupation, or (b) to injure any person, corporation, or association
in his, her, or its business or occupation.
(3) It is not a violation of this section for a candidate or
his or her agent to make statements described in subsection
(1)(a) or (b) of this section about the candidate himself or herself because a person cannot defame himself or herself. It is
not a violation of this section for a person or organization referenced in subsection (1)(c) of this section to make a statement about that person or organization because such persons
and organizations cannot defame themselves.
(4) Any violation of this section shall be proven by clear
and convincing evidence. If a violation is proven, damages
are presumed and do not need to be proven. [2009 c 222 § 2;
2005 c 445 § 10; 1999 c 304 § 2; 1988 c 199 § 2; 1984 c 216
§ 3.]
42.17.530
Intent—Findings—2009 c 222: "(1) The concurring opinion of the
Washington state supreme court in Rickert v. State, Public Disclosure Commission, 161 Wn.2d 843, 168 P. 3d 826 (2007) found the statute that prohibits persons from sponsoring, with actual malice, political advertising and
electioneering communications about a candidate containing false statements of material fact to be invalid under the First Amendment to the United
States Constitution because it posed no requirement that the prohibited statements be defamatory.
(2) It is the intent of the legislature to amend *chapter 42.17 RCW to
find that a violation of state law occurs if a person sponsors false statements
about candidates in political advertising and electioneering communications
when the statements are made with actual malice and are defamatory.
(3) The legislature finds that in such circumstances damages are presumed and do not need to be established when such statements are made with
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
actual malice in political advertising and electioneering communications and
constitute libel or defamation per se. The legislature finds that incumbents,
challengers, voters, and the political process will benefit from vigorous political debate that is not made with actual malice and is not defamatory.
(4) The legislature finds that when such defamatory statements contain
a false statement of material fact about a candidate for public office they
expose the candidate to contempt, ridicule, or reproach and can deprive the
candidate of the benefit of public confidence, or prejudice him or her in his
or her profession, trade, or vocation. The legislature finds that when such
statements falsely represent that a candidate is the incumbent for the office
sought when in fact the candidate is not the incumbent they deprive the
actual incumbent and the candidates of the benefit of public confidence and
injure the actual incumbent in the ability to effectively serve as an elected
official. The legislature further finds that defamatory statements made by an
incumbent regarding the incumbent’s challenger may deter individuals from
seeking public office and harm the democratic process. Further, the legislature finds that when such statements make, either directly or indirectly, a
false claim stating or implying the support or endorsement of any person or
organization when in fact the candidate does not have such support or
endorsement, they deprive the person or organization of the benefit of public
confidence and/or will expose the person or organization to contempt, ridicule, or reproach, or injure the person or organization in their business or
occupation.
(5) The legislature finds that defamatory statements, made with actual
malice, damage the integrity of elections by distorting the electoral process.
Democracy is premised on an informed electorate. To the extent such defamatory statements misinform the voters, they interfere with the process upon
which democracy is based. Such defamatory statements also lower the quality of campaign discourse and debate, and lead or add to voter alienation by
fostering voter cynicism and distrust of the political process." [2009 c 222 §
1.]
*Reviser’s note: Provisions in chapter 42.17 RCW relating to campaign finance were recodified in chapter 42.17A RCW by 2010 c 204, effective January 1, 2012.
Finding—Intent—1999 c 304: "(1) The Washington supreme court in
a case involving a ballot measure, State v. 119 Vote No! Committee, 135
Wn.2d 618 (1998), found the statute that prohibits persons from sponsoring,
with actual malice, political advertising containing false statements of material fact to be invalid under the First Amendment to the United States Constitution.
(2) The legislature finds that a review of the opinions indicates that a
majority of the supreme court may find valid a statute that limited such a prohibition on sponsoring with actual malice false statements of material fact in
a political campaign to statements about a candidate in an election for public
office.
(3) It is the intent of the legislature to amend the current law to provide
protection for candidates for public office against false statements of material fact sponsored with actual malice." [1999 c 304 § 1.]
42.17.540 Responsibility for compliance. (Effective
until January 1, 2012.) (1) Except as provided in subsection
(2) of this section, the responsibility for compliance with
RCW 42.17.510 through 42.17.530 shall rest with the sponsor of the political advertising and not with the broadcasting
station or other medium.
(2) If a broadcasting station or other medium changes the
content of a political advertisement, the station or medium
shall be responsible for any failure of the advertisement to
comply with RCW 42.17.510 through 42.17.530 that results
from that change. [1984 c 216 § 4.]
42.17.540
REPORTING OF
ELECTIONEERING COMMUNICATIONS
42.17.561 Findings. (Effective until January 1, 2012.)
The legislature finds that:
(1) Timely disclosure to voters of the identity and
sources of funding for electioneering communications is
vitally important to the integrity of state, local, and judicial
elections.
42.17.561
(2010 Ed.)
42.17.562
(2) Electioneering communications that identify political
candidates for state, local, or judicial office and that are distributed sixty days before an election for those offices are
intended to influence voters and the outcome of those elections.
(3) The state has a compelling interest in providing voters information about electioneering communications in
political campaigns concerning candidates for state, local, or
judicial office so that voters can be fully informed as to the:
(a) Source of support or opposition to those candidates; and
(b) identity of persons attempting to influence the outcome of
state, local, and judicial candidate elections.
(4) Nondisclosure of financial information about advertising that masquerades as relating only to issues and not to
candidate campaigns fosters corruption or the appearance of
corruption. These consequences can be substantially avoided
by full disclosure of the identity and funding of those persons
paying for such advertising.
(5) The United States supreme court held in McConnell
et al. v. Federal Elections Commission, 540 U.S. 93, 124
S.Ct. 619, 157 L.Ed.2d 491 (2003) that speakers seeking to
influence elections do not possess an inviolable free speech
right to engage in electioneering communications regarding
elections, including when issue advocacy is the functional
equivalent of express advocacy. Therefore, such election
campaign communications can be regulated and the source of
funding disclosed.
(6) The state also has a sufficiently compelling interest in
preventing corruption in political campaigns to justify and
restore contribution limits and restrictions on the use of soft
money in RCW 42.17.640. Those interests include restoring
restrictions on the use of such funds for electioneering communications, as well as the laws preventing circumvention of
those limits and restrictions. [2005 c 445 § 1.]
42.17.562 Intent. (Effective until January 1, 2012.)
Based upon the findings in RCW 42.17.561, chapter 445,
Laws of 2005 is narrowly tailored to accomplish the following and is intended to:
(1) Improve the disclosure to voters of information concerning persons and entities seeking to influence state, local,
and judicial campaigns through reasonable and effective
mechanisms, including improving disclosure of the source,
identity, and funding of electioneering communications concerning state, local, and judicial candidate campaigns;
(2) Regulate electioneering communications that mention state, local, and judicial candidates and that are broadcast, mailed, erected, distributed, or otherwise published right
before the election so that the public knows who is paying for
such communications;
(3) Reenact and amend the contribution limits in *RCW
42.17.640 (6) and (14) and the restrictions on the use of soft
money, including as applied to electioneering communications, as those limits and restrictions were in effect following
the passage of chapter 2, Laws of 1993 (Initiative No. 134)
and before the state supreme court decision in Washington
State Republican Party v. Washington State Public Disclosure Commission, 141 Wn.2d 245, 4 P.3d 808 (2000). The
commission is authorized to fully restore the implementation
of the limits and restrictions of *RCW 42.17.640 (6) and (14)
in light of McConnell et al. v. Federal Elections Commission,
42.17.562
[Title 42 RCW—page 41]
42.17.565
Title 42 RCW: Public Officers and Agencies
540 U.S. 93, 124 S.Ct. 619, 157 L.Ed.2d 491 (2003). The
United States supreme court upheld the disclosure and regulation of electioneering communications in political campaigns, including but not limited to issue advocacy that is the
functional equivalent of express advocacy;
(4) Authorize the commission to adopt rules to implement chapter 445, Laws of 2005. [2005 c 445 § 2.]
*Reviser’s note: RCW 42.17.640 was amended by 2006 c 348 § 1,
changing subsections (6) and (14) to subsections (7) and (15).
42.17.565 Report—Information required—Time—
Method—By whom—Penalty. (Effective until January 1,
2012.) (1) A payment for or promise to pay for any electioneering communication shall be reported to the commission by
the sponsor on forms the commission shall develop by rule to
include, at a minimum, the following information:
(a) Name and address of the sponsor;
(b) Source of funds for the communication, including:
(i) General treasury funds. The name and address of
businesses, unions, groups, associations, or other organizations using general treasury funds for the communication,
however, if a business, union, group, association, or other
organization undertakes a special solicitation of its members
or other persons for an electioneering communication, or it
otherwise receives funds for an electioneering communication, that entity shall report pursuant to (b)(ii) of this subsection;
(ii) Special solicitations and other funds. The name,
address, and, for individuals, occupation and employer, of a
person whose funds were used to pay for the electioneering
communication, along with the amount, if such funds from
the person have exceeded two hundred fifty dollars in the
aggregate for the electioneering communication; and
(iii) Any other source information required or exempted
by the commission by rule;
(c) Name and address of the person to whom an electioneering communication related expenditure was made;
(d) A detailed description of each expenditure of more
than one hundred dollars;
(e) The date the expenditure was made and the date the
electioneering communication was first broadcast, transmitted, mailed, erected, distributed, or otherwise published;
(f) The amount of the expenditure;
(g) The name of each candidate clearly identified in the
electioneering communication, the office being sought by
each candidate, and the amount of the expenditure attributable to each candidate; and
(h) Any other information the commission may require
or exempt by rule.
(2) Electioneering communications shall be reported as
follows: The sponsor of an electioneering communication
shall report to the commission within twenty-four hours of, or
on the first working day after, the date the electioneering
communication is broadcast, transmitted, mailed, erected,
distributed, or otherwise published.
(3) Electioneering communications shall be reported
electronically by the sponsor using software provided or
approved by the commission. The commission may make
exceptions on a case-by-case basis for a sponsor who lacks
the technological ability to file reports using the electronic
means provided or approved by the commission.
42.17.565
[Title 42 RCW—page 42]
(4) All persons required to report under RCW 42.17.065,
42.17.080, 42.17.090, and 42.17.100 are subject to the
requirements of this section, although the commission may
determine by rule that persons filing according to those sections may be exempt from reporting some of the information
otherwise required by this section. The commission may
determine that reports filed pursuant to this section also satisfy the requirements of RCW 42.17.100 and 42.17.103.
(5) Failure of any sponsor to report electronically under
this section shall be a violation of this chapter. [2005 c 445 §
3.]
42.17.570 When a contribution. (Effective until January 1, 2012.) (1) An electioneering communication made
by a person in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, a candidate’s
authorized committee, or their agents is a contribution to the
candidate.
(2) An electioneering communication made by a person
in cooperation, consultation, or concert with, or at the request
or suggestion of, a political committee or its agents is a contribution to the political committee.
(3) If an electioneering communication is not a contribution pursuant to subsection (1) or (2) of this section, the sponsor shall file an affidavit or declaration so stating at the time
the sponsor is required to report the electioneering communication expense under RCW 42.17.565. [2005 c 445 § 4.]
42.17.570
42.17.575 Recordkeeping. (Effective until January 1,
2012.) (1) The sponsor of an electioneering communication
shall preserve all financial records relating to the communication, including books of account, bills, receipts, contributor
information, and ledgers, for not less than five calendar years
following the year in which the communication was broadcast, transmitted, mailed, erected, or otherwise published.
(2) All reports filed under RCW 42.17.565 shall be certified as correct by the sponsor. If the sponsor is an individual
using his or her own funds to pay for the communication, the
certification shall be signed by the individual. If the sponsor
is a political committee, the certification shall be signed by
the committee treasurer. If the sponsor is another entity, the
certification shall be signed by the individual responsible for
authorizing the expenditure on the entity’s behalf. [2005 c
445 § 5.]
42.17.575
CAMPAIGN CONTRIBUTION LIMITATIONS
42.17.610 Findings. (Effective until January 1, 2012.)
The people of the state of Washington find and declare that:
(1) The financial strength of certain individuals or organizations should not permit them to exercise a disproportionate or controlling influence on the election of candidates.
(2) Rapidly increasing political campaign costs have led
many candidates to raise larger percentages of money from
special interests with a specific financial stake in matters
before state government. This has caused the public perception that decisions of elected officials are being improperly
influenced by monetary contributions.
(3) Candidates are raising less money in small contributions from individuals and more money from special inter42.17.610
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
ests. This has created the public perception that individuals
have an insignificant role to play in the political process.
[1993 c 2 § 1 (Initiative Measure No. 134, approved November 3, 1992).]
42.17.620 Intent. (Effective until January 1, 2012.)
By limiting campaign contributions, the people intend to:
(1) Ensure that individuals and interest groups have fair
and equal opportunity to influence elective and governmental
processes;
(2) Reduce the influence of large organizational contributors; and
(3) Restore public trust in governmental institutions and
the electoral process. [1993 c 2 § 2 (Initiative Measure No.
134, approved November 3, 1992).]
42.17.620
42.17.640 Limits specified—Exemptions. (Effective
until January 1, 2012.) (1) The contribution limits in this
section apply to:
(a) Candidates for legislative office;
(b) Candidates for state office other than legislative
office;
(c) Candidates for county office;
(d) Candidates for special purpose district office if that
district is authorized to provide freight and passenger transfer
and terminal facilities and that district has over two hundred
thousand registered voters;
(e) Candidates for city council office;
(f) Candidates for mayoral office;
(g) Persons holding an office in (a) through (f) of this
subsection against whom recall charges have been filed or to
a political committee having the expectation of making
expenditures in support of the recall of a person holding the
office;
(h) Caucus political committees;
(i) Bona fide political parties.
(2) No person, other than a bona fide political party or a
caucus political committee, may make contributions to a candidate for a legislative office, county office, city council
office, or mayoral office that in the aggregate exceed eight
hundred dollars or to a candidate for a public office in a special purpose district or a state office other than a legislative
office that in the aggregate exceed one thousand six hundred
dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions to candidates subject to the limits in this section made with respect
to a primary may not be made after the date of the primary.
However, contributions to a candidate or a candidate’s authorized committee may be made with respect to a primary until
thirty days after the primary, subject to the following limitations: (a) The candidate lost the primary; (b) the candidate’s
authorized committee has insufficient funds to pay debts outstanding as of the date of the primary; and (c) the contributions may only be raised and spent to satisfy the outstanding
debt. Contributions to candidates subject to the limits in this
section made with respect to a general election may not be
made after the final day of the applicable election cycle.
(3) No person, other than a bona fide political party or a
caucus political committee, may make contributions to a state
official, a county official, a city official, or a public official in
42.17.640
(2010 Ed.)
42.17.640
a special purpose district against whom recall charges have
been filed, or to a political committee having the expectation
of making expenditures in support of the recall of the state
official, county official, city official, or public official in a
special purpose district during a recall campaign that in the
aggregate exceed eight hundred dollars if for a legislative
office, county office, or city office, or one thousand six hundred dollars if for a special purpose district office or a state
office other than a legislative office.
(4)(a) Notwithstanding subsection (2) of this section, no
bona fide political party or caucus political committee may
make contributions to a candidate during an election cycle
that in the aggregate exceed (i) eighty cents multiplied by the
number of eligible registered voters in the jurisdiction from
which the candidate is elected if the contributor is a caucus
political committee or the governing body of a state organization, or (ii) forty cents multiplied by the number of registered
voters in the jurisdiction from which the candidate is elected
if the contributor is a county central committee or a legislative district committee.
(b) No candidate may accept contributions from a county
central committee or a legislative district committee during
an election cycle that when combined with contributions
from other county central committees or legislative district
committees would in the aggregate exceed forty cents times
the number of registered voters in the jurisdiction from which
the candidate is elected.
(5)(a) Notwithstanding subsection (3) of this section, no
bona fide political party or caucus political committee may
make contributions to a state official, county official, city
official, or a public official in a special purpose district
against whom recall charges have been filed, or to a political
committee having the expectation of making expenditures in
support of the state official, county official, city official, or a
public official in a special purpose district during a recall
campaign that in the aggregate exceed (i) eighty cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is
a caucus political committee or the governing body of a state
organization, or (ii) forty cents multiplied by the number of
registered voters in the jurisdiction from which the candidate
is elected if the contributor is a county central committee or a
legislative district committee.
(b) No official holding an office specified in subsection
(1) of this section against whom recall charges have been
filed, no authorized committee of the official, and no political
committee having the expectation of making expenditures in
support of the recall of the official may accept contributions
from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative
district committees would in the aggregate exceed forty cents
multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.
(6) For purposes of determining contribution limits
under subsections (4) and (5) of this section, the number of
eligible registered voters in a jurisdiction is the number at the
time of the most recent general election in the jurisdiction.
(7) Notwithstanding subsections (2) through (5) of this
section, no person other than an individual, bona fide political party, or caucus political committee may make contribu[Title 42 RCW—page 43]
42.17.645
Title 42 RCW: Public Officers and Agencies
tions reportable under this chapter to a caucus political committee that in the aggregate exceed eight hundred dollars in a
calendar year or to a bona fide political party that in the
aggregate exceed four thousand dollars in a calendar year.
This subsection does not apply to loans made in the ordinary
course of business.
(8) For the purposes of RCW 42.17.640 through
42.17.790, a contribution to the authorized political committee of a candidate or of an official specified in subsection (1)
of this section against whom recall charges have been filed is
considered to be a contribution to the candidate or official.
(9) A contribution received within the twelve-month
period after a recall election concerning an office specified in
subsection (1) of this section is considered to be a contribution during that recall campaign if the contribution is used to
pay a debt or obligation incurred to influence the outcome of
that recall campaign.
(10) The contributions allowed by subsection (3) of this
section are in addition to those allowed by subsection (2) of
this section, and the contributions allowed by subsection (5)
of this section are in addition to those allowed by subsection
(4) of this section.
(11) RCW 42.17.640 through 42.17.790 apply to a special election conducted to fill a vacancy in an office specified
in subsection (1) of this section. However, the contributions
made to a candidate or received by a candidate for a primary
or special election conducted to fill such a vacancy shall not
be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other
primary or election.
(12) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in
Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or
more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may
make contributions reportable under this chapter to a state
office candidate, to a state official against whom recall
charges have been filed, or to a political committee having
the expectation of making expenditures in support of the
recall of the official. This subsection does not apply to loans
made in the ordinary course of business.
(13) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter
to a candidate specified in subsection (1) of this section, or an
official specified in subsection (1) of this section against
whom recall charges have been filed, or political committee
having the expectation of making expenditures in support of
the recall of an official specified in subsection (1) of this section if the county central committee or legislative district
committee is outside of the jurisdiction entitled to elect the
candidate or recall the official.
(14) No person may accept contributions that exceed the
contribution limitations provided in this section.
(15) The following contributions are exempt from the
contribution limits of this section:
(a) An expenditure or contribution earmarked for voter
registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or
[Title 42 RCW—page 44]
inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates;
(b) An expenditure by a political committee for its own
internal organization or fund-raising without direct association with individual candidates; or
(c) An expenditure or contribution for independent
expenditures as defined in RCW 42.17.020 or electioneering
communications as defined in RCW 42.17.020. [2010 c 206
§ 1; 2010 c 204 § 602; 2006 c 348 § 1; 2005 c 445 § 11. Prior:
2001 c 208 § 1; 1995 c 397 § 20; 1993 c 2 § 4 (Initiative Measure No. 134, approved November 3, 1992).]
Reviser’s note: This section was amended by 2010 c 204 § 602 and by
2010 c 206 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
42.17.645 Candidates for judicial office—Special
elections to fill vacancies—Contribution limits—Adjustments. (Effective until January 1, 2012.) (1) No person
may make contributions to a candidate for judicial office that
in the aggregate exceed one thousand four hundred dollars for
each election in which the candidate is on the ballot or
appears as a write-in candidate. Contributions made with
respect to a primary may not be made after the date of the primary. However, contributions to a candidate or a candidate’s
authorized committee may be made with respect to a primary
until thirty days after the primary, subject to the following
limitations: (a) The candidate lost the primary; (b) the candidate’s authorized committee has insufficient funds to pay
debts outstanding as of the date of the primary; and (c) the
contributions may only be raised and spent to satisfy the outstanding debt. Contributions made with respect to a general
election may not be made after the final day of the applicable
election cycle.
(2) This section through RCW 42.17.790 apply to a special election conducted to fill a vacancy in an office. However, the contributions made to a candidate or received by a
candidate for a primary or special election conducted to fill
such a vacancy will not be counted toward any of the limitations that apply to the candidate or to contributions made to
the candidate for any other primary or election.
(3) No person may accept contributions that exceed the
contribution limitations provided in this section.
(4) The dollar limits in this section must be adjusted
according to RCW 42.17.690. [2006 c 348 § 2.]
42.17.645
42.17.647 Rules. (Effective until January 1, 2012.)
The commission shall adopt rules to carry out the policies of
chapter 348, Laws of 2006 and is not subject to the time
restrictions of RCW 42.17.370(1). [2006 c 348 § 3.]
42.17.647
42.17.650 Attribution and aggregation of family contributions. (Effective until January 1, 2012.) (1) Contributions by a husband and wife are considered separate contributions.
(2) Contributions by unemancipated children under eighteen years of age are considered contributions by their parents
and are attributed proportionately to each parent. Fifty percent of the contributions are attributed to each parent or, in
the case of a single custodial parent, the total amount is attrib42.17.650
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
uted to the parent. [1993 c 2 § 5 (Initiative Measure No. 134,
approved November 3, 1992).]
42.17.660
42.17.660 Attribution of contributions by controlled
entities. (Effective until January 1, 2012.) For purposes of
this chapter:
(1) A contribution by a political committee with funds
that have all been contributed by one person who exercises
exclusive control over the distribution of the funds of the
political committee is a contribution by the controlling person.
(2) Two or more entities are treated as a single entity if
one of the two or more entities is a subsidiary, branch, or
department of a corporation that is participating in an election
campaign or making contributions, or a local unit or branch
of a trade association, labor union, or collective bargaining
association that is participating in an election campaign or
making contributions. All contributions made by a person or
political committee whose contribution or expenditure activity is financed, maintained, or controlled by a trade association, labor union, collective bargaining organization, or the
local unit of a trade association, labor union, or collective
bargaining organization are considered made by the trade
association, labor union, collective bargaining organization,
or local unit of a trade association, labor union, or collective
bargaining organization.
(3) The commission shall adopt rules to carry out this
section and is not subject to the time restrictions of RCW
42.17.370(1). [2005 c 445 § 12; 1993 c 2 § 6 (Initiative Measure No. 134, approved November 3, 1992).]
42.17.670
42.17.670 Attribution of contributions generally—
"Earmarking." (Effective until January 1, 2012.) All contributions made by a person or entity, either directly or indirectly, to a candidate, to a state official against whom recall
charges have been filed, or to a political committee, are considered to be contributions from that person or entity to the
candidate, state official, or political committee, as are contributions that are in any way earmarked or otherwise directed
through an intermediary or conduit to the candidate, state
official, or political committee. For the purposes of this section, "earmarked" means a designation, instruction, or
encumbrance, whether direct or indirect, expressed or
implied, or oral or written, that is intended to result in or does
result in all or any part of a contribution being made to a certain candidate or state official. If a conduit or intermediary
exercises any direction or control over the choice of the recipient candidate or state official, the contribution is considered
to be by both the original contributor and the conduit or intermediary. [1993 c 2 § 7 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.680
42.17.680 Limitations on employers or labor organizations. (Effective until January 1, 2012.) (1) No employer
or labor organization may increase the salary of an officer or
employee, or give an emolument to an officer, employee, or
other person or entity, with the intention that the increase in
salary, or the emolument, or a part of it, be contributed or
spent to support or oppose a candidate, state official against
(2010 Ed.)
42.17.700
whom recall charges have been filed, political party, or political committee.
(2) No employer or labor organization may discriminate
against an officer or employee in the terms or conditions of
employment for (a) the failure to contribute to, (b) the failure
in any way to support or oppose, or (c) in any way supporting
or opposing a candidate, ballot proposition, political party, or
political committee. At least annually, an employee from
whom wages or salary are withheld under subsection (3) of
this section shall be notified of the provisions of this subsection.
(3) No employer or other person or entity responsible for
the disbursement of funds in payment of wages or salaries
may withhold or divert a portion of an employee’s wages or
salaries for contributions to political committees or for use as
political contributions except upon the written request of the
employee. The request must be made on a form prescribed by
the commission informing the employee of the prohibition
against employer and labor organization discrimination
described in subsection (2) of this section. The employee may
revoke the request at any time. At least annually, the
employee shall be notified about the right to revoke the
request.
(4) Each person or entity who withholds contributions
under subsection (3) of this section shall maintain open for
public inspection for a period of no less than three years, during normal business hours, documents and books of accounts
that shall include a copy of each employee’s request, the
amounts and dates funds were actually withheld, and the
amounts and dates funds were transferred to a political committee. Copies of such information shall be delivered to the
commission upon request. [2002 c 156 § 1; 1993 c 2 § 8 (Initiative Measure No. 134, approved November 3, 1992).]
Effective date—2002 c 156: "This act takes effect July 1, 2002." [2002
c 156 § 2.]
42.17.690 Changing monetary limits. (Effective until
January 1, 2012.) At the beginning of each even-numbered
calendar year, the commission shall increase or decrease all
dollar amounts in this chapter based on changes in economic
conditions as reflected in the inflationary index used by the
commission under RCW 42.17.370. The new dollar amounts
established by the commission under this section shall be
rounded off by the commission to amounts as judged most
convenient for public understanding and so as to be within
ten percent of the target amount equal to the base amount provided in this chapter multiplied by the increase in the inflationary index since December 3, 1992. [1993 c 2 § 9 (Initiative Measure No. 134, approved November 3, 1992).]
42.17.690
42.17.700 Contributions. (Effective until January 1,
2012.) (1) Contributions to candidates for state office made
and received before December 3, 1992, are considered to be
contributions under RCW 42.17.640 through 42.17.790.
Monetary contributions that exceed the contribution limitations and that have not been spent by the recipient of the contribution by December 3, 1992, must be disposed of in accordance with RCW 42.17.095.
(2) Contributions to other candidates subject to the contribution limits of this chapter made and received before June
7, 2006, are considered to be contributions under RCW
42.17.700
[Title 42 RCW—page 45]
42.17.710
Title 42 RCW: Public Officers and Agencies
42.17.640 through 42.17.790. Contributions that exceed the
contribution limitations and that have not been spent by the
recipient of the contribution by June 7, 2006, must be disposed of in accordance with RCW 42.17.095 except for subsections (6) and (7) of that section. [2006 c 348 § 4; 1993 c 2
§ 10 (Initiative Measure No. 134, approved November 3,
1992).]
42.17.710 Time limit for state official to solicit or
accept contributions. (Effective until January 1, 2012.)
(1) During the period beginning on the thirtieth day before
the date a regular legislative session convenes and continuing
through the date of final adjournment, and during the period
beginning on the date a special legislative session convenes
and continuing through the date that session adjourns, no
state official or a person employed by or acting on behalf of a
state official or state legislator may solicit or accept contributions to a public office fund, to a candidate or authorized
committee, or to retire a campaign debt. Contributions
received through the mail after the thirtieth day before a regular legislative session may be accepted if the contribution is
postmarked prior to the thirtieth day before the session.
(2) This section does not apply to activities authorized in
RCW 43.07.370. [2006 c 348 § 5; 2006 c 344 § 31; 2003 c
164 § 3; 1993 c 2 § 11 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.710
Reviser’s note: This section was amended by 2006 c 344 § 31 and by
2006 c 348 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
42.17.720 Restriction on loans. (Effective until January 1, 2012.) (1) A loan is considered to be a contribution
from the lender and any guarantor of the loan and is subject
to the contribution limitations of this chapter. The full
amount of the loan shall be attributed to the lender and to
each guarantor.
(2) A loan to a candidate for public office or the candidate’s political committee must be by written agreement.
(3) The proceeds of a loan made to a candidate for public
office:
(a) By a commercial lending institution;
(b) Made in the regular course of business; and
(c) On the same terms ordinarily available to members of
the public, are not subject to the contribution limits of this
chapter. [1995 c 397 § 22; 1993 c 2 § 12 (Initiative Measure
No. 134, approved November 3, 1992).]
42.17.720
42.17.730 Contributions on behalf of another.
(Effective until January 1, 2012.) (1) A person, other than
an individual, may not be an intermediary or an agent for a
contribution.
(2) An individual may not make a contribution on behalf
of another person or entity, or while acting as the intermediary or agent of another person or entity, without disclosing to
the recipient of the contribution both his or her full name,
street address, occupation, name of employer, if any, or place
of business if self-employed, and the same information for
each contributor for whom the individual serves as intermedi42.17.730
[Title 42 RCW—page 46]
ary or agent. [1993 c 2 § 13 (Initiative Measure No. 134,
approved November 3, 1992).]
42.17.740 Certain contributions required to be by
written instrument. (Effective until January 1, 2012.) (1)
A person may not make a contribution of more than *fifty
dollars, other than an in-kind contribution, except by a written instrument containing the name of the donor and the name
of the payee.
(2) A political committee may not make a contribution,
other than in-kind, except by a written instrument containing
the name of the donor and the name of the payee. [1995 c 397
§ 23; 1993 c 2 § 14 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.740
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17.690. For current dollar amounts, see chapter 390-05 of the Washington
Administrative Code (WAC).
42.17.750 Solicitation of contributions by public officials or employees. (Effective until January 1, 2012.) (1)
No state or local official or state or local official’s agent may
knowingly solicit, directly or indirectly, a contribution to a
candidate for public office, political party, or political committee from an employee in the state or local official’s
agency.
(2) No state or local official or public employee may provide an advantage or disadvantage to an employee or applicant for employment in the classified civil service concerning
the applicant’s or employee’s:
(a) Employment;
(b) Conditions of employment; or
(c) Application for employment,
based on the employee’s or applicant’s contribution or promise to contribute or failure to make a contribution or contribute to a political party or political committee. [1995 c 397 §
24; 1993 c 2 § 15 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.750
42.17.760 Agency shop fees as contributions. (Effective until January 1, 2012.) (1) A labor organization may not
use agency shop fees paid by an individual who is not a member of the organization to make contributions or expenditures
to influence an election or to operate a political committee,
unless affirmatively authorized by the individual.
(2) A labor organization does not use agency shop fees
when it uses its general treasury funds to make such contributions or expenditures if it has sufficient revenues from
sources other than agency shop fees in its general treasury to
fund such contributions or expenditures. [2007 c 438 § 1;
1993 c 2 § 16 (Initiative Measure No. 134, approved November 3, 1992).]
42.17.760
Effective date—2007 c 438: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 11, 2007]." [2007 c 438 § 2.]
42.17.770 Solicitation of endorsement fees. (Effective
until January 1, 2012.) A person may not solicit from a candidate for public office, political committee, political party,
or other person money or other property as a condition or
42.17.770
(2010 Ed.)
Disclosure—Campaign Finances—Lobbying
consideration for an endorsement, article, or other communication in the news media promoting or opposing a candidate
for public office, political committee, or political party.
[1995 c 397 § 25; 1993 c 2 § 17 (Initiative Measure No. 134,
approved November 3, 1992).]
42.17.780 Reimbursement for contributions. (Effective until January 1, 2012.) A person may not, directly or
indirectly, reimburse another person for a contribution to a
candidate for public office, political committee, or political
party. [1995 c 397 § 26; 1993 c 2 § 18 (Initiative Measure
No. 134, approved November 3, 1992).]
42.17.780
42.17.790 Prohibition on use of contributions for a
different office. (Effective until January 1, 2012.) (1)
Except as provided in subsection (2) of this section, a candidate for public office or the candidate’s political committee
may not use or permit the use of contributions, whether or not
surplus, solicited for or received by the candidate for public
office or the candidate’s political committee to further the
candidacy of the individual for an office other than the office
designated on the statement of organization. A contribution
solicited for or received on behalf of the candidate for public
office is considered solicited or received for the candidacy for
which the individual is then a candidate if the contribution is
solicited or received before the general elections for which
the candidate for public office is a nominee or is unopposed.
(2) With the written approval of the contributor, a candidate for public office or the candidate’s political committee
may use or permit the use of contributions, whether or not
surplus, solicited for or received by the candidate for public
office or the candidate’s political committee from that contributor to further the candidacy of the individual for an office
other than the office designated on the statement of organization. If the contributor does not approve the use of his or her
contribution to further the candidacy of the individual for an
office other than the office designated on the statement of
organization at the time of the contribution, the contribution
must be considered surplus funds and disposed of in accordance with RCW 42.17.095. [1995 c 397 § 27; 1993 c 2 § 19
(Initiative Measure No. 134, approved November 3, 1992).]
42.17.790
TECHNICAL PROVISIONS
42.17.960
tion of the provision to other persons or circumstances is not
affected. [1975 1st ex.s. c 294 § 29.]
42.17.912 Severability—1975-’76 2nd ex.s. c 112.
(Effective until January 1, 2012.) If any provision of this
1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1975-’76 2nd ex.s. c 112 § 16.]
42.17.912
42.17.920 Construction—1973 c 1. (Effective until
January 1, 2012.) The provisions of this act are to be liberally construed to effectuate the policies and purposes of this
act. In the event of conflict between the provisions of this act
and any other act, the provisions of this act shall govern.
[1973 c 1 § 47 (Initiative Measure No. 276, approved
November 7, 1972).]
42.17.920
42.17.930 Chapter, section headings not part of law.
(Effective until January 1, 2012.) Chapter and section captions or headings as used in this act do not constitute any part
of the law. [1973 c 1 § 48 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.930
42.17.940 Repealer—1973 c 1. (Effective until January 1, 2012.) Chapter 9, Laws of 1965, as amended by section 9, chapter 150, Laws of 1965 ex. sess., and RCW
29.18.140; and chapter 131, Laws of 1967 ex. sess. and RCW
44.64 [chapter 44.64 RCW]; and chapter 82, Laws of 1972
(42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 24; and
chapter 98, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 25 are each hereby repealed. [1973 c 1 § 50
(Initiative Measure No. 276, approved November 7, 1972).]
42.17.940
42.17.945 Construction—1975-’76 2nd ex.s. c 112.
(Effective until January 1, 2012.) The provisions of this
1976 amendatory act are intended to be remedial and shall be
liberally construed, and nothing in this 1976 amendatory act
shall be construed to limit the power of the commission under
any other provision of chapter 42.17 RCW. [1975-’76 2nd
ex.s. c 112 § 15.]
42.17.945
42.17.900 Effective date—1973 c 1. (Effective until
January 1, 2012.) The effective date of this act shall be January 1, 1973. [1973 c 1 § 49 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.950 Captions. (Effective until January 1, 2012.)
Section captions and part headings used in this act do not
constitute any part of the law. [1993 c 2 § 34 (Initiative Measure No. 134, approved November 3, 1992).]
42.17.910 Severability—1973 c 1. (Effective until
January 1, 2012.) If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1973 c 1 § 46 (Initiative Measure No. 276, approved November 7, 1972).]
42.17.955 Short title—1993 c 2. (Effective until January 1, 2012.) This act may be known and cited as the Fair
Campaign Practices Act. [1993 c 2 § 36 (Initiative Measure
No. 134, approved November 3, 1992).]
42.17.950
42.17.900
42.17.910
42.17.911 Severability—1975 1st ex.s. c 294. (Effective until January 1, 2012.) If any provision of this 1975
amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the applica42.17.911
(2010 Ed.)
42.17.955
42.17.960 Effective date—1995 c 397. (Effective until
January 1, 2012.) Sections 1 through 32, 34, and 37 of this
act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July
1, 1995. [1995 c 397 § 35.]
42.17.960
[Title 42 RCW—page 47]
42.17.961
Title 42 RCW: Public Officers and Agencies
42.17.961 Captions—1995 c 397. (Effective until January 1, 2012.) Captions as used in chapter 397, Laws of 1995
constitute no part of the law. [1995 c 397 § 37.]
42.17.961
42.17.962 Severability—1995 c 397. (Effective until
January 1, 2012.) If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1995 c 397 § 38.]
42.17.962
42.17.963 Part headings not law—2005 c 445. (Effective until January 1, 2012.) Part headings used in this act are
not any part of the law. [2005 c 445 § 14.]
42.17.963
42.17.964 Severability—2005 c 445. (Effective until
January 1, 2012.) If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2005 c 445 § 16.]
42.17.964
42.17.965 Effective dates—2005 c 445. (Effective
until January 1, 2012.) Sections 6 and 12 of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and take effect July 1, 2005. The
remainder of this act takes effect January 1, 2006. [2005 c
445 § 17.]
42.17A.150 Duty to preserve statements and reports.
CAMPAIGN FINANCE REPORTING
42.17A.200
42.17A.205
42.17A.210
42.17A.215
42.17A.220
42.17A.225
42.17A.225
42.17A.230
42.17A.235
42.17A.235
42.17A.240
42.17A.245
42.17A.250
42.17A.255
42.17A.260
42.17A.265
42.17A.270
POLITICAL ADVERTISING AND
ELECTIONEERING COMMUNICATIONS
42.17.965
42.17.966 Severability—2006 c 348. (Effective until
January 1, 2012.) If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2006 c 348 § 7.]
42.17.966
Chapter 42.17A RCW
CAMPAIGN DISCLOSURE AND CONTRIBUTION
Chapter 42.17A
Sections
42.17A.001 Declaration of policy.
GENERAL PROVISIONS
42.17A.005 Definitions.
42.17A.010 Conservation district exception.
42.17A.020 Statements and reports public records.
ELECTRONIC ACCESS
42.17A.050
42.17A.055
42.17A.060
42.17A.061
42.17A.065
Web site for commission documents.
Electronic filing—Availability.
Access to reports—Legislative intent.
Access goals.
Access performance measures.
ADMINISTRATION
42.17A.100 Public disclosure commission—Established—Membership—
Prohibited activities—Compensation, travel expenses.
42.17A.105 Commission—Duties.
42.17A.110 Commission—Additional powers (as amended by 2010 c
204).
42.17A.110 Commission—Additional powers (as amended by 2010 1st
sp.s. c 7).
42.17A.120 Suspension or modification of reporting requirements.
42.17A.125 Changing monetary limits.
42.17A.130 Duties of attorney general.
42.17A.135 Application of reporting requirements in small political subdivisions.
42.17A.140 Date of receipt—Exceptions—Electronic filings.
42.17A.145 Certification of reports.
[Title 42 RCW—page 48]
Application of chapter—Exceptions.
Statement of organization by political committees.
Treasurer.
Depositories.
Deposit of contributions—Investment—Unidentified contributions.
Filing and reporting by continuing political committee (as
amended by 2010 c 204).
Filing and reporting by continuing political committee (as
amended by 2010 c 205).
Fund-raising activities—Alternative reporting method.
Reporting of contributions and expenditures—Public inspection of accounts (as amended by 2010 c 204).
Reporting of contributions and expenditures—Public inspection of accounts (as amended by 2010 c 205).
Contents of report.
Electronic filing—When required.
Out-of-state political committees—Reports.
Special reports—Independent expenditures.
Special reports—Political advertising.
Special reports—Late contributions or large totals—Certain
late contributions prohibited.
Earmarked contributions.
42.17A.300 Findings—Intent—Rule-making authority.
42.17A.305 Report—Information required—Time—Method—By
whom—Penalty.
42.17A.310 When a contribution.
42.17A.315 Recordkeeping.
42.17A.320 Identification of sponsor—Exemptions.
42.17A.330 Picture of candidate.
42.17A.335 Political advertising or electioneering communication—Libel
or defamation per se.
42.17A.340 Responsibility for compliance.
42.17A.345 Commercial advertisers—Public inspection of documents—
Copies to commission.
CAMPAIGN CONTRIBUTION LIMITS AND OTHER RESTRICTIONS
42.17A.400 Findings—Intent.
42.17A.405 Limits specified—Exemptions.
42.17A.410 Candidates for judicial office—Special elections to fill vacancies—Contribution limits—Adjustments.
42.17A.415 Contributions.
42.17A.420 Reportable contributions—Preelection limitations.
42.17A.425 Expenditures—Authorization of and restrictions on.
42.17A.430 Disposal of surplus funds.
42.17A.435 Identification of contributions and communications.
42.17A.440 Candidates’ political committees—Limitations.
42.17A.445 Personal use of contributions—When permitted.
42.17A.450 Attribution and aggregation of family contributions.
42.17A.455 Attribution of contributions by controlled entities.
42.17A.460 Attribution of contributions generally—"Earmarking."
42.17A.465 Restriction on loans.
42.17A.470 Contributions on behalf of another.
42.17A.475 Certain contributions required to be by written instrument.
42.17A.480 Solicitation of endorsement fees.
42.17A.485 Reimbursement for contributions.
42.17A.490 Prohibition on use of contributions for a different office.
42.17A.495 Limitations on employers or labor organizations.
42.17A.500 Agency shop fees as contributions.
42.17A.550 Use of public funds for political purposes.
PUBLIC OFFICIALS’, EMPLOYEES’, AND AGENCIES’ CAMPAIGN
RESTRICTIONS AND PROHIBITIONS—REPORTING
42.17A.555 Use of public office or agency facilities in campaigns—Prohibition—Exceptions.
42.17A.560 Time limit for state official to solicit or accept contributions.
42.17A.565 Solicitation of contributions by public officials or employees.
42.17A.570 Public accounts of governmental entities held by financial
institutions—Statements and reports—Contents—Filing.
42.17A.575 Public service announcements.
LOBBYING DISCLOSURE AND RESTRICTIONS
42.17A.600
42.17A.605
42.17A.610
42.17A.615
Registration of lobbyists.
Photograph and information—Booklet—Publication.
Exemption from registration.
Reporting by lobbyists—Rules.
(2010 Ed.)
Campaign Disclosure and Contribution
42.17A.620 Notification to person named in report.
42.17A.625 Special reports—Lobbyists—Late contributions or large
totals.
42.17A.630 Reports by employers of registered lobbyists, other persons.
42.17A.635 Legislative activities of state agencies, other units of government, elective officials, employees.
42.17A.640 Grass roots lobbying campaigns.
42.17A.645 Employment of legislators, board or commission members, or
state employees—Statement, contents.
42.17A.650 Employment of unregistered persons.
42.17A.655 Lobbyists’ duties, restrictions—Penalties for violations.
PERSONAL FINANCIAL AFFAIRS REPORTING BY CANDIDATES
AND PUBLIC OFFICIALS
42.17A.700 Elected and appointed officials, candidates, and appointees—
Reports of financial affairs and gifts.
42.17A.705 "Executive state officer" defined.
42.17A.710 Contents of report.
42.17A.715 Concealing identity of source of payment prohibited—Exception.
ENFORCEMENT
42.17A.750 Civil remedies and sanctions.
42.17A.755 Violations—Determination by commission—Procedure.
42.17A.760 Procedure upon petition for enforcement of order of commission—Court’s order of enforcement.
42.17A.765 Enforcement.
42.17A.770 Limitation on actions.
CONSTRUCTION
42.17A.900
42.17A.901
42.17A.902
42.17A.903
42.17A.904
42.17A.905
42.17A.906
42.17A.907
42.17A.908
42.17A.909
42.17A.910
42.17A.911
42.17A.912
42.17A.913
42.17A.914
42.17A.915
42.17A.916
42.17A.917
42.17A.918
Effective date—1973 c 1.
Severability—1973 c 1.
Severability—1975 1st ex.s. c 294.
Severability—1975-’76 2nd ex.s. c 112.
Construction—1973 c 1.
Chapter, section headings not part of law.
Repealer—1973 c 1.
Construction—1975-’76 2nd ex.s. c 112.
Captions.
Short title—1993 c 2.
Effective date—1995 c 397.
Captions—1995 c 397.
Severability—1995 c 397.
Part headings not law—2005 c 445.
Severability—2005 c 445.
Effective dates—2005 c 445.
Severability—2006 c 348.
Effective date—2010 c 204 §§ 505, 602, and 703.
2010 c 204.
42.17A.001 Declaration of policy. (Effective January
1, 2012.) It is hereby declared by the sovereign people to be
the public policy of the state of Washington:
(1) That political campaign and lobbying contributions
and expenditures be fully disclosed to the public and that
secrecy is to be avoided.
(2) That the people have the right to expect from their
elected representatives at all levels of government the utmost
of integrity, honesty, and fairness in their dealings.
(3) That the people shall be assured that the private
financial dealings of their public officials, and of candidates
for those offices, present no conflict of interest between the
public trust and private interest.
(4) That our representative form of government is
founded on a belief that those entrusted with the offices of
government have nothing to fear from full public disclosure
of their financial and business holdings, provided those officials deal honestly and fairly with the people.
(5) That public confidence in government at all levels is
essential and must be promoted by all possible means.
(6) That public confidence in government at all levels
can best be sustained by assuring the people of the impartial42.17A.001
(2010 Ed.)
42.17A.005
ity and honesty of the officials in all public transactions and
decisions.
(7) That the concept of attempting to increase financial
participation of individual contributors in political campaigns
is encouraged by the passage of the Revenue Act of 1971 by
the Congress of the United States, and in consequence
thereof, it is desirable to have implementing legislation at the
state level.
(8) That the concepts of disclosure and limitation of election campaign financing are established by the passage of the
Federal Election Campaign Act of 1971 by the Congress of
the United States, and in consequence thereof it is desirable
to have implementing legislation at the state level.
(9) That small contributions by individual contributors
are to be encouraged, and that not requiring the reporting of
small contributions may tend to encourage such contributions.
(10) That the public’s right to know of the financing of
political campaigns and lobbying and the financial affairs of
elected officials and candidates far outweighs any right that
these matters remain secret and private.
(11) That, mindful of the right of individuals to privacy
and of the desirability of the efficient administration of government, full access to information concerning the conduct of
government on every level must be assured as a fundamental
and necessary precondition to the sound governance of a free
society.
The provisions of this chapter shall be liberally construed to promote complete disclosure of all information
respecting the financing of political campaigns and lobbying,
and the financial affairs of elected officials and candidates,
and full access to public records so as to assure continuing
public confidence of fairness of elections and governmental
processes, and so as to assure that the public interest will be
fully protected. In promoting such complete disclosure, however, this chapter shall be enforced so as to insure that the
information disclosed will not be misused for arbitrary and
capricious purposes and to insure that all persons reporting
under this chapter will be protected from harassment and
unfounded allegations based on information they have freely
disclosed. [1975 1st ex.s. c 294 § 1; 1973 c 1 § 1 (Initiative
Measure No. 276, approved November 7, 1972). Formerly
RCW 42.17.010.]
GENERAL PROVISIONS
42.17A.005 Definitions. (Effective January 1, 2012.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local
agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state
agency. "Local agency" includes every county, city, town,
municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division,
bureau, board, commission, or agency thereof, or other local
public agency.
(3) "Authorized committee" means the political committee authorized by a candidate, or by the public official against
42.17A.005
[Title 42 RCW—page 49]
42.17A.005
Title 42 RCW: Public Officers and Agencies
whom recall charges have been filed, to accept contributions
or make expenditures on behalf of the candidate or public
official.
(4) "Ballot proposition" means any "measure" as defined
by RCW 29A.04.091, or any initiative, recall, or referendum
proposition proposed to be submitted to the voters of the state
or any municipal corporation, political subdivision, or other
voting constituency from and after the time when the proposition has been initially filed with the appropriate election
officer of that constituency before its circulation for signatures.
(5) "Benefit" means a commercial, proprietary, financial,
economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
(6) "Bona fide political party" means:
(a) An organization that has been recognized as a minor
political party by the secretary of state;
(b) The governing body of the state organization of a
major political party, as defined in RCW 29A.04.086, that is
the body authorized by the charter or bylaws of the party to
exercise authority on behalf of the state party; or
(c) The county central committee or legislative district
committee of a major political party. There may be only one
legislative district committee for each party in each legislative district.
(7) "Candidate" means any individual who seeks nomination for election or election to public office. An individual
seeks nomination or election when he or she first:
(a) Receives contributions or makes expenditures or
reserves space or facilities with intent to promote his or her
candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast
time to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on
behalf of the individual any of the actions in (a) or (c) of this
subsection.
(8) "Caucus political committee" means a political committee organized and maintained by the members of a major
political party in the state senate or state house of representatives.
(9) "Commercial advertiser" means any person who sells
the service of communicating messages or producing printed
material for broadcast or distribution to the general public or
segments of the general public whether through the use of
newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing
companies, or otherwise.
(10) "Commission" means the agency established under
RCW 42.17A.100.
(11) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind. For the purpose of
compliance with RCW 42.17A.710, "compensation" does not
include per diem allowances or other payments made by a
governmental entity to reimburse a public official for
expenses incurred while the official is engaged in the official
business of the governmental entity.
(12) "Continuing political committee" means a political
committee that is an organization of continuing existence not
[Title 42 RCW—page 50]
established in anticipation of any particular election campaign.
(13)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of
indebtedness, donation, advance, pledge, payment, transfer
of funds between political committees, or anything of value,
including personal and professional services for less than full
consideration;
(ii) An expenditure made by a person in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate, a political committee, the person or persons
named on the candidate’s or committee’s registration form
who direct expenditures on behalf of the candidate or committee, or their agents;
(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast,
written, graphic, or other form of political advertising or electioneering communication prepared by a candidate, a political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as
dinners and parties, except for the actual cost of the consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political
committee’s account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political
committee that is returned to the contributor within five business days of the date on which it is received by the candidate
or political committee;
(iv) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is of primary interest
to the general public, that is in a news medium controlled by
a person whose business is that news medium, and that is not
controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to the members of or contributors to a political party
organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar
enterprise, or to the members of a labor organization or other
membership organization;
(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign
workers not in excess of fifty dollars personally paid for by
the worker. "Volunteer services," for the purposes of this
subsection, means services or labor for which the individual
is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or
yard or window signs displayed on a person’s own property
or property occupied by a person. However, a facility used
for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and
counts towards any applicable contribution limit of the person providing the facility;
(viii) Legal or accounting services rendered to or on
behalf of:
(A) A political party or caucus political committee if the
person paying for the services is the regular employer of the
person rendering such services; or
(2010 Ed.)
Campaign Disclosure and Contribution
(B) A candidate or an authorized committee if the person
paying for the services is the regular employer of the individual rendering the services and if the services are solely for the
purpose of ensuring compliance with state election or public
disclosure laws; or
(ix) The performance of ministerial functions by a person on behalf of two or more candidates or political committees either as volunteer services defined in (b)(vi) of this subsection or for payment by the candidate or political committee for whom the services are performed as long as:
(A) The person performs solely ministerial functions;
(B) A person who is paid by two or more candidates or
political committees is identified by the candidates and political committees on whose behalf services are performed as
part of their respective statements of organization under
RCW 42.17A.205; and
(C) The person does not disclose, except as required by
law, any information regarding a candidate’s or committee’s
plans, projects, activities, or needs, or regarding a candidate’s
or committee’s contributions or expenditures that is not
already publicly available from campaign reports filed with
the commission, or otherwise engage in activity that constitutes a contribution under (a)(ii) of this subsection.
A person who performs ministerial functions under this
subsection (13)(b)(ix) is not considered an agent of the candidate or committee as long as he or she has no authority to
authorize expenditures or make decisions on behalf of the
candidate or committee.
(c) Contributions other than money or its equivalent are
deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights
furnished at less than their fair market value for the purpose
of assisting any candidate or political committee are deemed
a contribution. Such a contribution must be reported as an inkind contribution at its fair market value and counts towards
any applicable contribution limit of the provider.
(14) "Depository" means a bank, mutual savings bank,
savings and loan association, or credit union doing business
in this state.
(15) "Elected official" means any person elected at a
general or special election to any public office, and any person appointed to fill a vacancy in any such office.
(16) "Election" includes any primary, general, or special
election for public office and any election in which a ballot
proposition is submitted to the voters. An election in which
the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of
the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.
(17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public
office and any campaign in support of, or in opposition to, a
ballot proposition.
(18) "Election cycle" means the period beginning on the
first day of January after the date of the last previous general
election for the office that the candidate seeks and ending on
December 31st after the next election for the office. In the
case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the
vacancy occurs and ending on December 31st after the special election.
(2010 Ed.)
42.17A.005
(19) "Electioneering communication" means any broadcast, cable, or satellite television or radio transmission,
United States postal service mailing, billboard, newspaper, or
periodical that:
(a) Clearly identifies a candidate for a state, local, or
judicial office either by specifically naming the candidate, or
identifying the candidate without using the candidate’s name;
(b) Is broadcast, transmitted, mailed, erected, distributed, or otherwise published within sixty days before any
election for that office in the jurisdiction in which the candidate is seeking election; and
(c) Either alone, or in combination with one or more
communications identifying the candidate by the same sponsor during the sixty days before an election, has a fair market
value of five thousand dollars or more.
(20) "Electioneering communication" does not include:
(a) Usual and customary advertising of a business owned
by a candidate, even if the candidate is mentioned in the
advertising when the candidate has been regularly mentioned
in that advertising appearing at least twelve months preceding his or her becoming a candidate;
(b) Advertising for candidate debates or forums when the
advertising is paid for by or on behalf of the debate or forum
sponsor, so long as two or more candidates for the same position have been invited to participate in the debate or forum;
(c) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is:
(i) Of primary interest to the general public;
(ii) In a news medium controlled by a person whose
business is that news medium; and
(iii) Not a medium controlled by a candidate or a political committee;
(d) Slate cards and sample ballots;
(e) Advertising for books, films, dissertations, or similar
works (i) written by a candidate when the candidate entered
into a contract for such publications or media at least twelve
months before becoming a candidate, or (ii) written about a
candidate;
(f) Public service announcements;
(g) A mailed internal political communication primarily
limited to the members of or contributors to a political party
organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar
enterprise, or to the members of a labor organization or other
membership organization;
(h) An expenditure by or contribution to the authorized
committee of a candidate for state, local, or judicial office; or
(i) Any other communication exempted by the commission through rule consistent with the intent of this chapter.
(21) "Expenditure" includes a payment, contribution,
subscription, distribution, loan, advance, deposit, or gift of
money or anything of value, and includes a contract, promise,
or agreement, whether or not legally enforceable, to make an
expenditure. "Expenditure" also includes a promise to pay, a
payment, or a transfer of anything of value in exchange for
goods, services, property, facilities, or anything of value for
the purpose of assisting, benefiting, or honoring any public
official or candidate, or assisting in furthering or opposing
any election campaign. For the purposes of this chapter,
agreements to make expenditures, contracts, and promises to
pay may be reported as estimated obligations until actual
[Title 42 RCW—page 51]
42.17A.005
Title 42 RCW: Public Officers and Agencies
payment is made. "Expenditure" shall not include the partial
or complete repayment by a candidate or political committee
of the principal of a loan, the receipt of which loan has been
properly reported.
(22) "Final report" means the report described as a final
report in RCW 42.17A.235(2).
(23) "General election" for the purposes of RCW
42.17A.405 means the election that results in the election of
a person to a state or local office. It does not include a primary.
(24) "Gift" has the definition in RCW 42.52.010.
(25) "Immediate family" includes the spouse or domestic
partner, dependent children, and other dependent relatives, if
living in the household. For the purposes of the definition of
"intermediary" in this section, "immediate family" means an
individual’s spouse or domestic partner, and child, stepchild,
grandchild, parent, stepparent, grandparent, brother, half
brother, sister, or half sister of the individual and the spouse
or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother,
half brother, sister, or half sister of the individual’s spouse or
domestic partner and the spouse or the domestic partner of
any such person.
(26) "Incumbent" means a person who is in present possession of an elected office.
(27) "Independent expenditure" means an expenditure
that has each of the following elements:
(a) It is made in support of or in opposition to a candidate
for office by a person who is not (i) a candidate for that office,
(ii) an authorized committee of that candidate for that office,
(iii) a person who has received the candidate’s encouragement or approval to make the expenditure, if the expenditure
pays in whole or in part for political advertising supporting
that candidate or promoting the defeat of any other candidate
or candidates for that office, or (iv) a person with whom the
candidate has collaborated for the purpose of making the
expenditure, if the expenditure pays in whole or in part for
political advertising supporting that candidate or promoting
the defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political
advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies
the candidate without using the candidate’s name; and
(c) The expenditure, alone or in conjunction with another
expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of *eight
hundred dollars or more. A series of expenditures, each of
which is under eight hundred dollars, constitutes one independent expenditure if their cumulative value is eight hundred dollars or more.
(28)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another
person unless the contribution is from the individual’s
employer, immediate family, or an association to which the
individual belongs.
(b) A treasurer or a candidate is not an intermediary for
purposes of the committee that the treasurer or candidate
serves.
(c) A professional fund-raiser is not an intermediary if
the fund-raiser is compensated for fund-raising services at the
usual and customary rate.
[Title 42 RCW—page 52]
(d) A volunteer hosting a fund-raising event at the individual’s home is not an intermediary for purposes of that
event.
(29) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any
other matter that may be the subject of action by either house
or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval
by the governor.
(30) "Legislative office" means the office of a member
of the state house of representatives or the office of a member
of the state senate.
(31) "Lobby" and "lobbying" each mean attempting to
influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment
of any state agency under the state administrative procedure
act, chapter 34.05 RCW. Neither "lobby" nor "lobbying"
includes an association’s or other organization’s act of communicating with the members of that association or organization.
(32) "Lobbyist" includes any person who lobbies either
in his or her own or another’s behalf.
(33) "Lobbyist’s employer" means the person or persons
by whom a lobbyist is employed and all persons by whom he
or she is compensated for acting as a lobbyist.
(34) "Ministerial functions" means an act or duty carried
out as part of the duties of an administrative office without
exercise of personal judgment or discretion.
(35) "Participate" means that, with respect to a particular
election, an entity:
(a) Makes either a monetary or in-kind contribution to a
candidate;
(b) Makes an independent expenditure or electioneering
communication in support of or opposition to a candidate;
(c) Endorses a candidate before contributions are made
by a subsidiary corporation or local unit with respect to that
candidate or that candidate’s opponent;
(d) Makes a recommendation regarding whether a candidate should be supported or opposed before a contribution is
made by a subsidiary corporation or local unit with respect to
that candidate or that candidate’s opponent; or
(e) Directly or indirectly collaborates or consults with a
subsidiary corporation or local unit on matters relating to the
support of or opposition to a candidate, including, but not
limited to, the amount of a contribution, when a contribution
should be given, and what assistance, services or independent
expenditures, or electioneering communications, if any, will
be made or should be made in support of or opposition to a
candidate.
(36) "Person" includes an individual, partnership, joint
venture, public or private corporation, association, federal,
state, or local governmental entity or agency however constituted, candidate, committee, political committee, political
party, executive committee thereof, or any other organization
or group of persons, however organized.
(37) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles,
tabloids, flyers, letters, radio or television presentations, or
other means of mass communication, used for the purpose of
(2010 Ed.)
Campaign Disclosure and Contribution
appealing, directly or indirectly, for votes or for financial or
other support or opposition in any election campaign.
(38) "Political committee" means any person (except a
candidate or an individual dealing with his or her own funds
or property) having the expectation of receiving contributions
or making expenditures in support of, or opposition to, any
candidate or any ballot proposition.
(39) "Primary" for the purposes of RCW 42.17A.405
means the procedure for nominating a candidate to state or
local office under chapter 29A.52 RCW or any other primary
for an election that uses, in large measure, the procedures
established in chapter 29A.52 RCW.
(40) "Public office" means any federal, state, judicial,
county, city, town, school district, port district, special district, or other state political subdivision elective office.
(41) "Public record" has the definition in RCW
42.56.010.
(42) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW
29A.56.120 and ending thirty days after the recall election.
(43) "Sponsor of an electioneering communications,
independent expenditures, or political advertising" means the
person paying for the electioneering communication, independent expenditure, or political advertising. If a person acts
as an agent for another or is reimbursed by another for the
payment, the original source of the payment is the sponsor.
(44) "State office" means state legislative office or the
office of governor, lieutenant governor, secretary of state,
attorney general, commissioner of public lands, insurance
commissioner, superintendent of public instruction, state
auditor, or state treasurer.
(45) "State official" means a person who holds a state
office.
(46) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain
in the possession or control of that committee or candidate
subsequent to the election for which the contributions were
received, and that are in excess of the amount necessary to
pay remaining debts incurred by the committee or candidate
with respect to that election. In the case of a continuing political committee, "surplus funds" mean those contributions
remaining in the possession or control of the committee that
are in excess of the amount necessary to pay all remaining
debts when it makes its final report under RCW 42.17A.255.
(47) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17A.210, to perform the duties specified in
that section. [2010 c 204 § 101; 2008 c 6 § 201. Prior: 2007
c 358 § 1; 2007 c 180 § 1; 2005 c 445 § 6; 2002 c 75 § 1; 1995
c 397 § 1; 1992 c 139 § 1; 1991 sp.s. c 18 § 1; 1990 c 139 §
2; prior: 1989 c 280 § 1; 1989 c 175 § 89; 1984 c 34 § 5; 1979
ex.s. c 50 § 1; 1977 ex.s. c 313 § 1; 1975 1st ex.s. c 294 § 2;
1973 c 1 § 2 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.020.]
Reviser’s note: *(1) The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17A.125. For current dollar amounts, see chapter 390-05 of the
Washington Administrative Code (WAC).
(2) The definitions in this section have been alphabetized pursuant to
RCW 1.08.015(2)(k).
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
(2010 Ed.)
42.17A.055
Effective date—2007 c 358: "This act takes effect January 1, 2008."
[2007 c 358 § 4.]
Legislative intent—1990 c 139: "The provisions of this act which
repeal the reporting requirements established by chapter 423, Laws of 1987
for registered lobbyists and employers of lobbyists are not intended to alter,
expand, or restrict whatsoever the definition of "lobby" or "lobbying" contained in RCW 42.17.020 as it existed prior to the enactment of chapter 423,
Laws of 1987." [1990 c 139 § 1.]
Additional notes found at www.leg.wa.gov
42.17A.010 Conservation district exception. (Effective January 1, 2012.) Elections of conservation district
supervisors held pursuant to chapter 89.08 RCW shall not be
considered general or special elections for purposes of the
campaign disclosure and personal financial affairs reporting
requirements of this chapter. Elected conservation district
supervisors are not considered elected officials for purposes
of the annual personal financial affairs reporting requirement
of this chapter. [2002 c 43 § 4. Formerly RCW 42.17.035.]
42.17A.010
Intent—Effective date—2002 c 43: See notes following RCW
29A.04.330.
42.17A.020 Statements and reports public records.
(Effective January 1, 2012.) All statements and reports filed
under this chapter shall be public records of the agency where
they are filed, and shall be available for public inspection and
copying during normal business hours at the expense of the
person requesting copies, provided that the charge for such
copies shall not exceed actual cost to the agency. [1973 c 1 §
44 (Initiative Measure No. 276, approved November 7,
1972). Formerly RCW 42.17.440.]
42.17A.020
ELECTRONIC ACCESS
42.17A.050 Web site for commission documents.
(Effective January 1, 2012.) The commission shall operate a
web site or contract for the operation of a web site that allows
access to reports, copies of reports, or copies of data and
information submitted in reports, filed with the commission
under RCW 42.17A.205, 42.17A.225, 42.17A.235,
42.17A.255, 42.17A.265, 42.17A.600, 42.17A.615,
42.17A.625, and 42.17A.630. In addition, the commission
shall attempt to make available via the web site other public
records submitted to or generated by the commission that are
required by this chapter to be available for public use or
inspection. [2010 c 204 § 201; 1999 c 401 § 9; 1994 c 40 § 2.
Formerly RCW 42.17.367.]
42.17A.050
Findings—1994 c 40: "The legislature finds that government information is a strategic resource and needs to be managed as such and that broad
public access to nonrestricted public information and records must be guaranteed. The legislature further finds that reengineering government processes along with capitalizing on advancements made in digital technology
can build greater efficiencies in government service delivery. The legislature further finds that providing citizen electronic access to presently available public documents will allow increased citizen involvement in state policies and empower citizens to participate in state policy decision making."
[1994 c 40 § 1.]
Additional notes found at www.leg.wa.gov
42.17A.055 Electronic filing—Availability. (Effective January 1, 2012.) (1) The commission shall make available to candidates, public officials, and political committees
that are required to file reports under this chapter an elec42.17A.055
[Title 42 RCW—page 53]
42.17A.060
Title 42 RCW: Public Officers and Agencies
tronic filing alternative for submitting financial affairs
reports, contribution reports, and expenditure reports.
(2) The commission shall make available to lobbyists
and lobbyists’ employers required to file reports under RCW
42.17A.600, 42.17A.615, 42.17A.625, or 42.17A.630 an
electronic filing alternative for submitting these reports.
(3) The commission shall make available to candidates,
public officials, political committees, lobbyists, and lobbyists’ employers an electronic copy of the appropriate reporting forms at no charge. [2010 c 204 § 202; 2000 c 237 § 3;
1999 c 401 § 11. Formerly RCW 42.17.369.]
42.17A.060 Access to reports—Legislative intent.
(Effective January 1, 2012.) It is the intent of the legislature
to ensure that the commission provide the general public
timely access to all contribution and expenditure reports submitted by candidates, continuing political committees, bona
fide political parties, lobbyists, and lobbyists’ employers.
The legislature finds that failure to meet goals for full and
timely disclosure threatens to undermine our electoral process.
Furthermore, the legislature intends for the commission
to consult with the department of information services as it
seeks to implement chapter 401, Laws of 1999, and that the
commission follow the standards and procedures established
by the department of information services in chapter 43.105
RCW as they relate to information technology. [1999 c 401
§ 1. Formerly RCW 42.17.460.]
42.17A.060
42.17A.061 Access goals. (Effective January 1, 2012.)
The commission shall establish goals that all reports, copies
of reports, or copies of the data or information included in
reports, filed under RCW 42.17A.205, 42.17A.225,
42.17A.235, 42.17A.255, 42.17A.265, 42.17A.600,
42.17A.615, 42.17A.625, and 42.17A.630, that are:
(1) Submitted using the commission’s electronic filing
system must be accessible in the commission’s office and on
the commission’s web site within two business days of the
commission’s receipt of the report; and
(2) Submitted on paper must be accessible in the commission’s office and on the commission’s web site within
four business days of the actual physical receipt of the report,
and not the technical date of filing as provided under RCW
42.17A.140, as specified in rule adopted by the commission.
[2010 c 204 § 203; 2000 c 237 § 5; 1999 c 401 § 2. Formerly
RCW 42.17.461.]
(2) The average number of days that elapse between the
com mission ’s r eceipt of r epor ts filed und er RCW
42.17A.265 and the time that the report, a copy of the report,
or a copy of the data or information included in the report, is
first accessible to the general public (a) in the commission’s
office, and (b) via the commission’s web site;
(3) The average number of days that elapse between the
com mission ’s r eceipt of r epor ts filed und er RCW
42.17A.600, 42.17A.615, 42.17A.625, and 42.17A.630 and
the time that the report, a copy of the report, or a copy of the
data or information included in the report, is first accessible
to the general public (a) in the commission’s office, and (b)
via the commission’s web site;
(4) The percentage of candidates, categorized as statewide, legislative, or local, that have used each of the following methods to file reports under RCW 42.17A.235 or
42.17A.265: (a) Hard copy paper format; or (b) electronic
format via the Internet;
(5) The percentage of continuing political committees
that have used each of the following methods to file reports
under RCW 42.17A.225 or 42.17A.265: (a) Hard copy paper
format; or (b) electronic format via the Internet; and
(6) The percentage of lobbyists and lobbyists’ employers
that have used each of the following methods to file reports
under RCW 42.17A.600, 42.17A.615, 42.17A.625, or
42.17A.630: (a) Hard copy paper format; or (b) electronic
format via the Internet. [2010 c 204 § 204; 1999 c 401 § 3.
Formerly RCW 42.17.463.]
ADMINISTRATION
42.17A.061
42.17A.065 Access performance measures. (Effective
January 1, 2012.) By July 1st of each year, the commission
shall calculate the following performance measures, provide
a copy of the performance measures to the governor and
appropriate legislative committees, and make the performance measures available to the public:
(1) The average number of days that elapse between the
co mm ission ’s r eceipt of r ep or ts f iled und er RCW
42.17A.205, 42.17A.225, 42.17A.235, and 42.17A.255 and
the time that the report, a copy of the report, or a copy of the
data or information included in the report, is first accessible
to the general public (a) in the commission’s office, and (b)
via the commission’s web site;
42.17A.065
[Title 42 RCW—page 54]
42.17A.100 Public disclosure commission—Established—Membership—Prohibited activities—Compensation, travel expenses. (Effective January 1, 2012.) (1) The
public disclosure commission is established. The commission shall be composed of five members appointed by the
governor, with the consent of the senate. All appointees shall
be persons of the highest integrity and qualifications. No
more than three members shall have an identification with the
same political party.
(2) The term of each member shall be five years. No
member is eligible for appointment to more than one full
term. Any member may be removed by the governor, but
only upon grounds of neglect of duty or misconduct in office.
(3) During his or her tenure, a member of the commission is prohibited from engaging in any of the following
activities, either within or outside the state of Washington:
(a) Holding or campaigning for elective office;
(b) Serving as an officer of any political party or political
committee;
(c) Permitting his or her name to be used in support of or
in opposition to a candidate or proposition;
(d) Soliciting or making contributions to a candidate or
in support of or in opposition to any candidate or proposition;
(e) Participating in any way in any election campaign; or
(f) Lobbying, employing, or assisting a lobbyist, except
that a member or the staff of the commission may lobby to the
limited extent permitted by RCW 42.17A.635 on matters
directly affecting this chapter.
(4) A vacancy on the commission shall be filled within
thirty days of the vacancy by the governor, with the consent
42.17A.100
(2010 Ed.)
Campaign Disclosure and Contribution
of the senate, and the appointee shall serve for the remaining
term of his or her predecessor. A vacancy shall not impair the
powers of the remaining members to exercise all of the powers of the commission.
(5) Three members of the commission shall constitute a
quorum. The commission shall elect its own chair and adopt
its own rules of procedure in the manner provided in chapter
34.05 RCW.
(6) Members shall be compensated in accordance with
RCW 43.03.250 and shall be reimbursed for travel expenses
incurred while engaged in the business of the commission as
provided in RCW 43.03.050 and 43.03.060. The compensation provided pursuant to this section shall not be considered
salary for purposes of the provisions of any retirement system
created under the laws of this state. [2010 c 204 § 301; 1998
c 30 § 1; 1984 c 287 § 74; 1982 c 147 § 15; 1975-’76 2nd
ex.s. c 112 § 8; 1975-’76 2nd ex.s. c 34 § 93; 1975 1st ex.s. c
294 § 23; 1973 c 1 § 35 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.350.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
42.17A.105 Commission—Duties. (Effective January
1, 2012.) The commission shall:
(1) Develop and provide forms for the reports and statements required to be made under this chapter;
(2) Prepare and publish a manual setting forth recommended uniform methods of bookkeeping and reporting for
use by persons required to make reports and statements under
this chapter;
(3) Compile and maintain a current list of all filed reports
and statements;
(4) Investigate whether properly completed statements
and reports have been filed within the times required by this
chapter;
(5) Upon complaint or upon its own motion, investigate
and report apparent violations of this chapter to the appropriate law enforcement authorities;
(6) Conduct a sufficient number of audits and field
investigations to provide a statistically valid finding regarding the degree of compliance with the provisions of this chapter by all required filers. Any documents, records, reports,
computer files, papers, or materials provided to the commission for use in conducting audits and investigations must be
returned to the candidate, campaign, or political committee
from which they were received within one week of the commission’s completion of an audit or field investigation;
(7) Prepare and publish an annual report to the governor
as to the effectiveness of this chapter and its enforcement by
appropriate law enforcement authorities;
(8) Enforce this chapter according to the powers granted
it by law;
(9) Adopt rules governing the arrangement, handling,
indexing, and disclosing of those reports required by this
chapter to be filed with a county auditor or county elections
official. The rules shall:
(a) Ensure ease of access by the public to the reports; and
(b) Include, but not be limited to, requirements for indexing the reports by the names of candidates or political committees and by the ballot proposition for or against which a
42.17A.105
(2010 Ed.)
42.17A.110
political committee is receiving contributions or making
expenditures;
(10) Adopt rules to carry out the policies of chapter 348,
Laws of 2006. The adoption of these rules is not subject to
the time restrictions of RCW 42.17A.110(1);
(11) Adopt administrative rules establishing requirements for filer participation in any system designed and
implemented by the commission for the electronic filing of
reports; and
(12) Maintain and make available to the public and political committees of this state a toll-free telephone number.
[2010 c 204 § 302; 1973 c 1 § 36 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.360.]
42.17A.110
42.17A.110 Commission—Additional powers (as amended by 2010
c 204). (Effective January 1, 2012.) The commission ((is empowered to))
may:
(1) Adopt, ((promulgate,)) amend, and rescind suitable administrative
rules to carry out the policies and purposes of this chapter, which rules shall
be adopted under chapter 34.05 RCW. Any rule relating to campaign
finance, political advertising, or related forms that would otherwise take
effect after June 30th of a general election year shall take effect no earlier
than the day following the general election in that year;
(2) Appoint an executive director and set, within the limits established
by the state committee on agency officials’ salaries under RCW 43.03.028,
the executive director’s compensation ((of an executive director who)). The
executive director shall perform such duties and have such powers as the
commission may prescribe and delegate to implement and enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or rescind rules nor ((shall)) may it delegate authority to
determine whether an actual violation of this chapter has occurred or to
assess penalties for such violations;
(3) Prepare and publish ((such)) reports and technical studies as in its
judgment will tend to promote the purposes of this chapter, including reports
and statistics concerning campaign financing, lobbying, financial interests of
elected officials, and enforcement of this chapter;
(4) ((Make from time to time, on its own motion)) Conduct, as it deems
appropriate, audits and field investigations;
(5) Make public the time and date of any formal hearing set to determine whether a violation has occurred, the question or questions to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel
attendance, take evidence, and require the production of any ((books, papers,
correspondence, memorandums, or other)) records relevant ((or material for
the purpose of)) to any investigation authorized under this chapter, or any
other proceeding under this chapter;
(7) Adopt ((and promulgate)) a code of fair campaign practices;
(8) ((Relieve, by rule,)) Adopt rules relieving candidates or political
committees of obligations to comply with the election campaign provisions
of this chapter ((relating to election campaigns)), if they have not received
contributions nor made expenditures in connection with any election campaign of more than ((one)) *five thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping
accounts of, and reporting on a quarterly basis, costs incurred by state agencies, counties, cities, and other municipalities and political subdivisions in
preparing, publishing, and distributing legislative information. ((The term))
For the purposes of this subsection, "legislative information((,))" ((for the
purposes of this subsection,)) means books, pamphlets, reports, and other
materials prepared, published, or distributed at substantial cost, a substantial
purpose of which is to influence the passage or defeat of any legislation. The
state auditor in his or her regular examination of each agency under chapter
43.09 RCW shall review the rules, accounts, and reports and make appropriate findings, comments, and recommendations ((in his or her examination
reports)) concerning those agencies; and
(10) ((After hearing, by order approved and ratified by a majority of the
membership of the commission, suspend or modify any of the reporting
requirements of this chapter in a particular case if it finds that literal application of this chapter works a manifestly unreasonable hardship and if it also
finds that the suspension or modification will not frustrate the purposes of
the chapter. The commission shall find that a manifestly unreasonable hardship exists if reporting the name of an entity required to be reported under
RCW 42.17.241(1)(g)(ii) would be likely to adversely affect the competitive
[Title 42 RCW—page 55]
42.17A.110
Title 42 RCW: Public Officers and Agencies
position of any entity in which the person filing the report or any member of
his or her immediate family holds any office, directorship, general partnership interest, or an ownership interest of ten percent or more. Any suspension or modification shall be only to the extent necessary to substantially
relieve the hardship. The commission shall act to suspend or modify any
reporting requirements only if it determines that facts exist that are clear and
convincing proof of the findings required under this section. Requests for
renewals of reporting modifications may be heard in a brief adjudicative proceeding as set forth in RCW 34.05.482 through 34.05.494 and in accordance
with the standards established in this section. No initial request may be
heard in a brief adjudicative proceeding and no request for renewal may be
heard in a brief adjudicative proceeding if the initial request was granted
more than three years previously or if the applicant is holding an office or
position of employment different from the office or position held when the
initial request was granted. The commission shall adopt administrative rules
governing the proceedings. Any citizen has standing to bring an action in
Thurston county superior court to contest the propriety of any order entered
under this section within one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more often than every
two years, the monetary reporting thresholds and reporting code values of
this chapter. The revisions shall be only for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the
office of financial management. The revisions shall be guided by the change
in the index for the period commencing with the month of December preceding the last revision and concluding with the month of December preceding
the month the revision is adopted. As to each of the three general categories
of this chapter (reports of campaign finance, reports of lobbyist activity, and
reports of the financial affairs of elected and appointed officials), the revisions shall equally affect all thresholds within each category. Revisions shall
be adopted as rules under chapter 34.05 RCW. The first revision authorized
by this subsection shall reflect economic changes from the time of the last
legislative enactment affecting the respective code or threshold through
December 1985;
(12))) Develop and provide to filers a system for certification of reports
required under this chapter which are transmitted by facsimile or electronically to the commission. Implementation of the program is contingent on the
availability of funds. [2010 c 204 § 303; 1995 c 397 § 17; 1994 c 40 § 3;
1986 c 155 § 11; 1985 c 367 § 11; 1984 c 34 § 7; 1977 ex.s. c 336 § 7; 1975
1st ex.s. c 294 § 25; 1973 c 1 § 37 (Initiative Measure No. 276, approved
November 7, 1972). Formerly RCW 42.17.370.]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of this
section. For current dollar amounts, see chapter 390-16 of the Washington
Administrative Code (WAC).
42.17A.110
42.17A.110 Commission—Additional powers (as amended by 2010
1st sp.s. c 7). (Effective January 1, 2012.) The commission is empowered
to:
(1) Adopt, promulgate, amend, and rescind suitable administrative
rules to carry out the policies and purposes of this chapter, which rules shall
be adopted under chapter 34.05 RCW. Any rule relating to campaign
finance, political advertising, or related forms that would otherwise take
effect after June 30th of a general election year shall take effect no earlier
than the day following the general election in that year;
(2) Appoint and set, within the limits established by the ((committee on
agency officials’ salaries)) department of personnel under RCW 43.03.028,
the compensation of an executive director who shall perform such duties and
have such powers as the commission may prescribe and delegate to implement and enforce this chapter efficiently and effectively. The commission
shall not delegate its authority to adopt, amend, or rescind rules nor shall it
delegate authority to determine whether an actual violation of this chapter
has occurred or to assess penalties for such violations;
(3) Prepare and publish such reports and technical studies as in its judgment will tend to promote the purposes of this chapter, including reports and
statistics concerning campaign financing, lobbying, financial interests of
elected officials, and enforcement of this chapter;
(4) Make from time to time, on its own motion, audits and field investigations;
(5) Make public the time and date of any formal hearing set to determine whether a violation has occurred, the question or questions to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel
attendance, take evidence and require the production of any books, papers,
correspondence, memorandums, or other records relevant or material for the
[Title 42 RCW—page 56]
purpose of any investigation authorized under this chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees of obligations
to comply with the provisions of this chapter relating to election campaigns,
if they have not received contributions nor made expenditures in connection
with any election campaign of more than *one thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping
accounts of and reporting on a quarterly basis costs incurred by state agencies, counties, cities, and other municipalities and political subdivisions in
preparing, publishing, and distributing legislative information. The term
"legislative information," for the purposes of this subsection, means books,
pamphlets, reports, and other materials prepared, published, or distributed at
substantial cost, a substantial purpose of which is to influence the passage or
defeat of any legislation. The state auditor in his or her regular examination
of each agency under chapter 43.09 RCW shall review the rules, accounts,
and reports and make appropriate findings, comments, and recommendations
in his or her examination reports concerning those agencies;
(10) After hearing, by order approved and ratified by a majority of the
membership of the commission, suspend or modify any of the reporting
requirements of this chapter in a particular case if it finds that literal application of this chapter works a manifestly unreasonable hardship and if it also
finds that the suspension or modification will not frustrate the purposes of
the chapter. The commission shall find that a manifestly unreasonable hardship exists if reporting the name of an entity required to be reported under
**RCW 42.17.241(1)(g)(ii) would be likely to adversely affect the competitive position of any entity in which the person filing the report or any member of his or her immediate family holds any office, directorship, general
partnership interest, or an ownership interest of ten percent or more. Any
suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to suspend or modify
any reporting requirements only if it determines that facts exist that are clear
and convincing proof of the findings required under this section. Requests
for renewals of reporting modifications may be heard in a brief adjudicative
proceeding as set forth in RCW 34.05.482 through 34.05.494 and in accordance with the standards established in this section. No initial request may
be heard in a brief adjudicative proceeding and no request for renewal may
be heard in a brief adjudicative proceeding if the initial request was granted
more than three years previously or if the applicant is holding an office or
position of employment different from the office or position held when the
initial request was granted. The commission shall adopt administrative rules
governing the proceedings. Any citizen has standing to bring an action in
Thurston county superior court to contest the propriety of any order entered
under this section within one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more often than every
two years, the monetary reporting thresholds and reporting code values of
this chapter. The revisions shall be only for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the
office of financial management. The revisions shall be guided by the change
in the index for the period commencing with the month of December preceding the last revision and concluding with the month of December preceding
the month the revision is adopted. As to each of the three general categories
of this chapter (reports of campaign finance, reports of lobbyist activity, and
reports of the financial affairs of elected and appointed officials), the revisions shall equally affect all thresholds within each category. Revisions shall
be adopted as rules under chapter 34.05 RCW. The first revision authorized
by this subsection shall reflect economic changes from the time of the last
legislative enactment affecting the respective code or threshold through
December 1985;
(12) Develop and provide to filers a system for certification of reports
required under this chapter which are transmitted by facsimile or electronically to the commission. Implementation of the program is contingent on the
availability of funds. [2010 1st sp.s. c 7 § 4; 1995 c 397 § 17; 1994 c 40 § 3;
1986 c 155 § 11; 1985 c 367 § 11; 1984 c 34 § 7; 1977 ex.s. c 336 § 7; 1975
1st ex.s. c 294 § 25; 1973 c 1 § 37 (Initiative Measure No. 276, approved
November 7, 1972). Formerly RCW 42.17.370.]
Reviser’s note: *(1) The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of subsection (11) of this section. For current dollar amounts, see chapter
390-16 of the Washington Administrative Code (WAC).
**(2) RCW 42.17.241 was recodified as RCW 42.17A.710 pursuant to
2010 c 204 § 1102, effective January 1, 2012.
(3) RCW 42.17A.110 was amended twice during the 2010 legislative
session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
(2010 Ed.)
Campaign Disclosure and Contribution
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Findings—Severability—Effective date—1994 c 40: See notes following RCW 42.17A.050.
Additional notes found at www.leg.wa.gov
42.17A.120 Suspension or modification of reporting
requirements. (Effective January 1, 2012.) (1) The commission may suspend or modify any of the reporting requirements of this chapter if it finds that literal application of this
chapter works a manifestly unreasonable hardship in a particular case and the suspension or modification will not frustrate
the purposes of this chapter. The commission may suspend
or modify reporting requirements only after a hearing is held
and the suspension or modification receives approval from a
majority of the commission. The commission shall act to
suspend or modify any reporting requirements:
(a) Only if it determines that facts exist that are clear and
convincing proof of the findings required under this section;
and
(b) Only to the extent necessary to substantially relieve
the hardship.
(2) A manifestly unreasonable hardship exists if reporting the name of an entity required to be reported under RCW
42.17A.710(1)(g)(ii) would be likely to adversely affect the
competitive position of any entity in which the person filing
the report, or any member of his or her immediate family,
holds any office, directorship, general partnership interest, or
an ownership interest of ten percent or more.
(3) Requests for renewals of reporting modifications
may be heard in a brief adjudicative proceeding as set forth in
RCW 34.05.482 through 34.05.494 and in accordance with
the standards established in this section. No initial request
may be heard in a brief adjudicative proceeding. No request
for renewal may be heard in a brief adjudicative proceeding if
the initial request was granted more than three years previously or if the applicant is holding an office or position of
employment different from the office or position held when
the initial request was granted.
(4) Any citizen has standing to bring an action in Thurston county superior court to contest the propriety of any
order entered under this section within one year from the date
of the entry of the order.
(5) The commission shall adopt rules governing the proceedings. [2010 c 204 § 304.]
42.17A.120
42.17A.125 Changing monetary limits. (Effective
January 1, 2012.) (1) At the beginning of each even-numbered calendar year, the commission shall increase or
decrease the dollar amounts in RCW *42.17A.005(28),
42.17A.405, 42.17A.410, 42.17A.445(3), 42.17A.475, and
42.17A.630(1) based on changes in economic conditions as
reflected in the inflationary index recommended by the office
of financial management. The new dollar amounts established by the commission under this section shall be rounded
off to amounts as judged most convenient for public understanding and so as to be within ten percent of the target
amount equal to the base amount provided in this chapter
multiplied by the increase in the inflationary index since July
2008.
42.17A.125
(2010 Ed.)
42.17A.135
(2) The commission may revise, at least once every five
years but no more often than every two years, the monetary
reporting thresholds and reporting code values of this chapter. The revisions shall be only for the purpose of recognizing economic changes as reflected by an inflationary index
recommended by the office of financial management. The
revisions shall be guided by the change in the index for the
period commencing with the month of December preceding
the last revision and concluding with the month of December
preceding the month the revision is adopted. As to each of
the three general categories of this chapter, reports of campaign finance, reports of lobbyist activity, and reports of the
financial affairs of elected and appointed officials, the revisions shall equally affect all thresholds within each category.
The revisions authorized by this subsection shall reflect economic changes from the time of the last legislative enactment
affecting the respective code or threshold.
(3) Revisions made in accordance with subsections (1)
and (2) of this section shall be adopted as rules under chapter
34.05 RCW. [2010 c 204 § 305; 1993 c 2 § 9 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW
42.17.690.]
*Reviser’s note: RCW 42.17A.005 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (28) to subsection (27).
42.17A.130 Duties of attorney general. (Effective
January 1, 2012.) The attorney general, through his or her
office, shall provide assistance as required by the commission
to carry out its responsibilities under this chapter. The commission may employ attorneys who are neither the attorney
general nor an assistant attorney general to carry out any
function of the attorney general prescribed in this chapter.
[2010 c 205 § 8; 2010 c 204 § 306; 1982 c 35 § 196; 1975 1st
ex.s. c 294 § 26; 1973 c 1 § 38 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.380.]
42.17A.130
Reviser’s note: This section was amended by 2010 c 204 § 306 and by
2010 c 205 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
42.17A.135 Application of reporting requirements in
small political subdivisions. (Effective January 1, 2012.)
(1) Except as provided in subsections (2), (3), and (7) of this
section, the reporting provisions of this chapter do not apply
to:
(a) Candidates, elected officials, and agencies in political
subdivisions with less than one thousand registered voters as
of the date of the most recent general election in the jurisdiction;
(b) Political committees formed to support or oppose
candidates or ballot propositions in such political subdivisions; or
(c) Persons making independent expenditures in support
of or opposition to such ballot propositions.
(2) The reporting provisions of this chapter apply in any
exempt political subdivision from which a "petition for disclosure" containing the valid signatures of fifteen percent of
the number of registered voters, as of the date of the most
recent general election in the political subdivision, is filed
42.17A.135
[Title 42 RCW—page 57]
42.17A.140
Title 42 RCW: Public Officers and Agencies
with the commission. The commission shall by rule prescribe the form of the petition. After the signatures are gathered, the petition shall be presented to the auditor or elections
officer of the county, or counties, in which the political subdivision is located. The auditor or elections officer shall verify the signatures and certify to the commission that the petition contains no less than the required number of valid signatures. The commission, upon receipt of a valid petition, shall
order every known affected person in the political subdivision to file the initially required statement and reports within
fourteen days of the date of the order.
(3) The reporting provisions of this chapter apply in any
exempt political subdivision that by ordinance, resolution, or
other official action has petitioned the commission to make
the provisions applicable to elected officials and candidates
of the exempt political subdivision. A copy of the action
shall be sent to the commission. If the commission finds the
petition to be a valid action of the appropriate governing body
or authority, the commission shall order every known
affected person in the political subdivision to file the initially
required statement and reports within fourteen days of the
date of the order.
(4) The commission shall void any order issued by it pursuant to subsection (2) or (3) of this section when, at least
four years after issuing the order, the commission is presented a petition or official action so requesting from the
affected political subdivision. Such petition or official action
shall meet the respective requirements of subsection (2) or
(3) of this section.
(5) Any petition for disclosure, ordinance, resolution, or
official action of an agency petitioning the commission to
void the exemption in RCW 42.17A.200(3) shall not be considered unless it has been filed with the commission:
(a) In the case of a ballot measure, at least sixty days
before the date of any election in which campaign finance
reporting is to be required;
(b) In the case of a candidate, at least sixty days before
the first day on which a person may file a declaration of candidacy for any election in which campaign finance reporting
is to be required.
(6) Any person exempted from reporting under this
chapter may at his or her option file the statement and reports.
(7) The reporting provisions of this chapter apply to a
candidate in any political subdivision if the candidate
receives or expects to receive five thousand dollars or more in
contributions. [2010 c 204 § 307; 2006 c 240 § 2; 1986 c 12
§ 3; 1985 c 367 § 13; 1982 c 60 § 1. Formerly RCW
42.17.405.]
42.17A.140 Date of receipt—Exceptions—Electronic
filings. (Effective January 1, 2012.) (1) Except as provided
in subsection (2) of this section, the date of receipt of any
properly addressed application, report, statement, notice, or
payment required to be made under the provisions of this
chapter is the date shown by the post office cancellation mark
on the envelope of the submitted material. The provisions of
this section do not apply to reports required to be delivered
under RCW 42.17A.265 and 42.17A.625.
(2) When a report is filed electronically with the commission, it is deemed to have been received on the file transfer date. The commission shall notify the filer of receipt of
42.17A.140
[Title 42 RCW—page 58]
the electronically filed report. Such notification may be sent
by mail, facsimile, or electronic mail. If the notification of
receipt of the electronically filed report is not received by the
filer, the filer may offer his or her own proof of sending the
report, and such proof shall be treated as if it were a receipt
sent by the commission. Electronic filing may be used for
purposes of filing the special reports required to be delivered
under RCW 42.17A.265 and 42.17A.625. [2010 c 204 § 308;
1999 c 401 § 10; 1995 c 397 § 18; 1983 c 176 § 2; 1973 c 1 §
42 (Initiative Measure No. 276, approved November 7,
1972). Formerly RCW 42.17.420.]
42.17A.145
42.17A.145 Certification of reports. (Effective January 1, 2012.) Every report and statement required to be filed
under this chapter shall identify the person preparing it, and
shall be certified as complete and correct, both by the person
preparing it and by the person on whose behalf it is filed.
[1973 c 1 § 43 (Initiative Measure No. 276, approved
November 7, 1972). Formerly RCW 42.17.430.]
42.17A.150
42.17A.150 Duty to preserve statements and reports.
(Effective January 1, 2012.) The commission must preserve
statements or reports required to be filed under this chapter
for not less than ten years. [2010 c 205 § 9; 1973 c 1 § 45
(Initiative Measure No. 276, approved November 7, 1972).
Formerly RCW 42.17.450.]
CAMPAIGN FINANCE REPORTING
42.17A.200
42.17A.200 Application of chapter—Exceptions.
(Effective January 1, 2012.) The provisions of this chapter
relating to the financing of election campaigns shall apply in
all election campaigns other than (1) for precinct committee
officer; (2) for a federal elective office; and (3) for an office
of a political subdivision of the state that does not encompass
a whole county and that contains fewer than five thousand
registered voters as of the date of the most recent general
election in the subdivision, unless required by RCW
42.17A.135 (2) through (5) and (7). [2010 c 204 § 401; 2006
c 240 § 1; 1987 c 295 § 18; 1986 c 12 § 1; 1985 c 367 § 2;
1977 ex.s. c 313 § 2; 1973 c 1 § 3 (Initiative Measure No.
276, approved November 7, 1972). Formerly RCW
42.17.030.]
Cemetery district commissioners exempt from chapter: RCW 68.52.140,
68.52.220.
Additional notes found at www.leg.wa.gov
42.17A.205
42.17A.205 Statement of organization by political
committees. (Effective January 1, 2012.) (1) Every political committee shall file a statement of organization with the
commission. The statement must be filed within two weeks
after organization or within two weeks after the date the committee first has the expectation of receiving contributions or
making expenditures in any election campaign, whichever is
earlier. A political committee organized within the last three
weeks before an election and having the expectation of
receiving contributions or making expenditures during and
for that election campaign shall file a statement of organization within three business days after its organization or when
(2010 Ed.)
Campaign Disclosure and Contribution
it first has the expectation of receiving contributions or making expenditures in the election campaign.
(2) The statement of organization shall include but not be
limited to:
(a) The name and address of the committee;
(b) The names and addresses of all related or affiliated
committees or other persons, and the nature of the relationship or affiliation;
(c) The names, addresses, and titles of its officers; or if it
has no officers, the names, addresses, and titles of its responsible leaders;
(d) The name and address of its treasurer and depository;
(e) A statement whether the committee is a continuing
one;
(f) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or opposing,
and, if the committee is supporting the entire ticket of any
party, the name of the party;
(g) The ballot proposition concerned, if any, and whether
the committee is in favor of or opposed to such proposition;
(h) What distribution of surplus funds will be made, in
accordance with RCW 42.17A.430, in the event of dissolution;
(i) The street address of the place and the hours during
which the committee will make available for public inspection its books of account and all reports filed in accordance
with RCW 42.17A.235;
(j) Such other information as the commission may by
regulation prescribe, in keeping with the policies and purposes of this chapter;
(k) The name, address, and title of any person who
authorizes expenditures or makes decisions on behalf of the
candidate or committee; and
(l) The name, address, and title of any person who is paid
by or is a volunteer for a candidate or political committee to
perform ministerial functions and who performs ministerial
functions on behalf of two or more candidates or committees.
(3) Any material change in information previously submitted in a statement of organization shall be reported to the
commission within the ten days following the change. [2010
c 205 § 1; 2010 c 204 § 402; 2007 c 358 § 2; 1989 c 280 § 2;
1982 c 147 § 1; 1977 ex.s. c 336 § 1; 1975 1st ex.s. c 294 § 3;
1973 c 1 § 4 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.040.]
Reviser’s note: This section was amended by 2010 c 204 § 402 and by
2010 c 205 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2007 c 358: See note following RCW 42.17A.005.
Additional notes found at www.leg.wa.gov
42.17A.210 Treasurer. (Effective January 1, 2012.)
(1) Each candidate, within two weeks after becoming a candidate, and each political committee, at the time it is required
to file a statement of organization, shall designate and file
with the commission the name and address of one legally
competent individual, who may be the candidate, to serve as
a treasurer.
(2) A candidate, a political committee, or a treasurer may
appoint as many deputy treasurers as is considered necessary
42.17A.210
(2010 Ed.)
42.17A.220
and shall file the names and addresses of the deputy treasurers with the commission.
(3)(a) A candidate or political committee may at any
time remove a treasurer or deputy treasurer.
(b) In the event of the death, resignation, removal, or
change of a treasurer or deputy treasurer, the candidate or
political committee shall designate and file with the commission the name and address of any successor.
(4) No treasurer or deputy treasurer may be deemed to be
in compliance with the provisions of this chapter until his or
her name and address is filed with the commission. [2010 c
205 § 2; 2010 c 204 § 403; 1989 c 280 § 3; 1985 c 367 § 3;
1982 c 147 § 2; 1973 c 1 § 5 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.050.]
Reviser’s note: This section was amended by 2010 c 204 § 403 and by
2010 c 205 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
42.17A.215 Depositories. (Effective January 1, 2012.)
Each candidate and each political committee shall designate
and file with the commission and the appropriate county elections officer the name and address of not more than one
depository for each county in which the campaign is conducted in which the candidate’s or political committee’s
accounts are maintained and the name of the account or
accounts maintained in that depository on behalf of the candidate or political committee. The candidate or political
committee may at any time change the designated depository
and shall file with the commission and the appropriate county
elections officer the same information for the successor
depository as for the original depository. The candidate or
political committee may not be deemed in compliance with
the provisions of this chapter until the information required
for the depository is filed with the commission and the appropriate county elections officer. [2010 c 204 § 404.]
42.17A.215
42.17A.220 Deposit of contributions—Investment—
Unidentified contributions. (Effective January 1, 2012.)
(1) All monetary contributions received by a candidate or
political committee shall be deposited by the treasurer or deputy treasurer in a depository in an account established and
designated for that purpose. Such deposits shall be made
within five business days of receipt of the contribution.
(2) Political committees that support or oppose more
than one candidate or ballot proposition, or exist for more
than one purpose, may maintain multiple separate bank
accounts within the same designated depository for such purpose only if:
(a) Each such account bears the same name;
(b) Each such account is followed by an appropriate designation that accurately identifies its separate purpose; and
(c) Transfers of funds that must be reported under RCW
42.17A.240(1)(e) are not made from more than one such
account.
(3) Nothing in this section prohibits a candidate or political committee from investing funds on hand in a depository
in bonds, certificates, or tax-exempt securities, or in savings
accounts or other similar instruments in financial institutions,
or in mutual funds other than the depository but only if:
42.17A.220
[Title 42 RCW—page 59]
42.17A.225
Title 42 RCW: Public Officers and Agencies
(a) The commission are [is] notified in writing of the initiation and the termination of the investment; and
(b) The principal of such investment, when terminated
together with all interest, dividends, and income derived from
the investment, is deposited in the depository in the account
from which the investment was made and properly reported
to the commission before any further disposition or expenditure.
(4) Accumulated unidentified contributions, other than
those made by persons whose names must be maintained on
a separate and private list by a political committee’s treasurer
pursuant to RCW 42.17A.240(1)(b), in excess of one percent
of the total accumulated contributions received in the current
calendar year, or three hundred dollars, whichever is more,
may not be deposited, used, or expended, but shall be
returned to the donor if his or her identity can be ascertained.
If the donor cannot be ascertained, the contribution shall
escheat to the state and shall be paid to the state treasurer for
deposit in the state general fund. [2010 c 205 § 3; 2010 c 204
§ 405; 1989 c 280 § 4; 1987 c 268 § 1; 1985 c 367 § 4; 1982
c 147 § 3; 1977 ex.s. c 313 § 3; 1975 1st ex.s. c 294 § 4; 1973
c 1 § 6 (Initiative Measure No. 276, approved November 7,
1972). Formerly RCW 42.17.060.]
Reviser’s note: This section was amended by 2010 c 204 § 405 and by
2010 c 205 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
42.17A.225
42.17A.225 Filing and reporting by continuing political committee
(as amended by 2010 c 204). (Effective January 1, 2012.) (1) In addition
to the provisions of this section, a continuing political committee shall file
and report on the same conditions and at the same times as any other committee in accordance with the provisions of RCW 42.17A.205, 42.17A.210,
and 42.17A.220.
(2) A continuing political committee shall file ((with the commission
and the auditor or elections officer of the county in which the committee
maintains its office or headquarters and if there is no such office or headquarters then in the county in which the committee treasurer resides)) a report on
the tenth day of ((the)) each month detailing ((its activities)) expenditures
made and contributions received for the preceding calendar month ((in
which the committee has received a contribution or made an expenditure:
PROVIDED, That such)). This report ((shall)) need only be filed if either the
total contributions received or total expenditures made since the last such
report exceed two hundred dollars((: PROVIDED FURTHER, That after
January 1, 2002, if the committee files with the commission electronically, it
need not also file with the county auditor or elections officer)). The report
must be filed with the commission and the auditor or elections officer of the
county in which the committee maintains its office or headquarters. If the
committee does not have an office or headquarters, the report must be filed
in the county where the committee treasurer resides. However, if the committee files with the commission electronically, it need not also file with the
county auditor or elections officer. The report shall be on a form supplied by
the commission and shall include the following information:
(a) The information required by RCW 42.17A.240;
(b) Each expenditure made to retire previously accumulated debts of
the committee((;)) identified by recipient, amount, and date of payments;
(c) ((Such)) Other information ((as)) the commission shall prescribe by
rule ((prescribe)).
(3) If a continuing political committee ((shall)) makes a contribution in
support of or in opposition to a candidate or ballot proposition within sixty
days ((prior to)) before the date ((on which such)) that the candidate or ballot
proposition will be voted upon, ((such continuing political)) the committee
shall report pursuant to RCW 42.17A.235.
(4) A continuing political committee shall file reports as required by
this chapter until it is dissolved, at which time a final report shall be filed.
Upon submitting a final report, the duties of the ((campaign)) treasurer shall
cease and there shall be no obligation to make any further reports.
[Title 42 RCW—page 60]
(5) The ((campaign)) treasurer shall maintain books of account, current
within five business days, that accurately ((reflecting)) reflect all contributions and expenditures ((on a current basis within five business days of
receipt or expenditure)). During the eight days immediately preceding the
date of any election((, for which)) that the committee has received any contributions or made any expenditures, the books of account shall be kept current within one business day and shall be open for public inspection in the
same manner as provided for candidates and other political committees in
*RCW 42.17A.235(5).
(6) All reports filed pursuant to this section shall be certified as correct
by the ((campaign)) treasurer.
(7) The ((campaign)) treasurer shall preserve books of account, bills,
receipts, and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the
transaction occurred. [2010 c 204 § 406; 2000 c 237 § 1; 1989 c 280 § 5;
1982 c 147 § 4; 1975 1st ex.s. c 294 § 5. Formerly RCW 42.17.065.]
*Reviser’s note: RCW 42.17A.235 was amended by 2010 c 205 § 6,
changing subsection (5) to subsection (4).
42.17A.225
42.17A.225 Filing and reporting by continuing political committee
(as amended by 2010 c 205). (Effective January 1, 2012.) (1) In addition
to the provisions of this section, a continuing political committee shall file
and report on the same conditions and at the same times as any other committee in accordance with the provisions of *RCW 42.17.040, 42.17.050,
and 42.17.060.
(2) A continuing political committee shall file with the commission
((and the auditor or elections officer of the county in which the committee
maintains its office or headquarters and if there is no such office or headquarters then in the county in which the committee treasurer resides)) a report on
the tenth day of the month detailing its activities for the preceding calendar
month in which the committee has received a contribution or made an expenditure((: PROVIDED, That)). However, such report shall only be filed if
either the total contributions received or total expenditures made since the
last such report exceed two hundred dollars((: PROVIDED FURTHER,
That after January 1, 2002, if the committee files with the commission electronically, it need not also file with the county auditor or elections officer)).
The report shall be on a form supplied by the commission and shall include
the following information:
(a) The information required by *RCW 42.17.090;
(b) Each expenditure made to retire previously accumulated debts of
the committee; identified by recipient, amount, and date of payments;
(c) Such other information as the commission shall by rule prescribe.
(3) If a continuing political committee shall make a contribution in support of or in opposition to a candidate or ballot proposition within sixty days
prior to the date on which such candidate or ballot proposition will be voted
upon, such continuing political committee shall report pursuant to *RCW
42.17.080.
(4) A continuing political committee shall file reports as required by
this chapter until it is dissolved, at which time a final report shall be filed.
Upon submitting a final report, the duties of the ((campaign)) treasurer shall
cease and there shall be no obligation to make any further reports.
(5) The ((campaign)) treasurer shall maintain books of account accurately reflecting all contributions and expenditures on a current basis within
five business days of receipt or expenditure. During the eight days immediately preceding the date of any election, for which the committee has
received any contributions or made any expenditures, the books of account
shall be kept current within one business day and shall be open for public
inspection in the same manner as provided for candidates and other political
committees in *RCW 42.17.080(5).
(6) All reports filed pursuant to this section shall be certified as correct
by the ((campaign)) treasurer.
(7) The ((campaign)) treasurer shall preserve books of account, bills,
receipts, and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the
transaction occurred. [2010 c 205 § 4; 2000 c 237 § 1; 1989 c 280 § 5; 1982
c 147 § 4; 1975 1st ex.s. c 294 § 5.]
Reviser’s note: *(1) RCW 42.17.040, 42.17.050, 42.17.060,
42.17.090, and 42.17.080 were recodified as RCW 42.17A.205, 42.17A.210,
42.17A.220, 42.17A.240, and 42.17A.235, respectively, pursuant to 2010 c
204 § 1102, effective January 1, 2012. RCW 42.17.080 was also amended
by 2010 c 205 § 6, changing subsection (5) to subsection (4).
(2) RCW 42.17A.225 was amended twice during the 2010 legislative
session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
(2010 Ed.)
Campaign Disclosure and Contribution
Additional notes found at www.leg.wa.gov
42.17A.230 Fund-raising activities—Alternative
reporting method. (Effective January 1, 2012.) (1) Fundraising activities meeting the standards of subsection (2) of
this section may be reported in accordance with the provisions of this section in lieu of reporting in accordance with
RCW 42.17A.235.
(2) Standards:
(a) The activity consists of one or more of the following:
(i) A sale of goods or services sold at a reasonable
approximation of the fair market value of each item or service; or
(ii) A gambling operation that is licensed, conducted, or
operated in accordance with the provisions of chapter 9.46
RCW; or
(iii) A gathering where food and beverages are purchased and the price of admission or the per person charge for
the food and beverages is no more than twenty-five dollars;
or
(iv) A concert, dance, theater performance, or similar
entertainment event and the price of admission is no more
than twenty-five dollars; or
(v) An auction or similar sale for which the total fair
market value of items donated by any person is no more than
fifty dollars; and
(b) No person responsible for receiving money at the
fund-raising activity knowingly accepts payments from a single person at or from such an activity to the candidate or committee aggregating more than fifty dollars unless the name
and address of the person making the payment, together with
the amount paid to the candidate or committee, are disclosed
in the report filed pursuant to subsection (6) of this section;
and
(c) Any other standards established by rule of the commission to prevent frustration of the purposes of this chapter.
(3) All funds received from a fund-raising activity that
conforms with subsection (2) of this section must be deposited in the depository within five business days of receipt by
the treasurer or deputy treasurer.
(4) At the time reports are required under RCW
42.17A.235, the treasurer or deputy treasurer making the
deposit shall file with the commission a report of the fundraising activity which must contain the following information:
(a) The date of the activity;
(b) A precise description of the fund-raising methods
used in the activity; and
(c) The total amount of cash receipts from persons, each
of whom paid no more than fifty dollars.
(5) The treasurer or deputy treasurer shall certify the
report is correct.
(6) The treasurer shall report pursuant to RCW
42.17A.235 and 42.17A.240:
(a) The name and address and the amount contributed by
each person contributing goods or services with a fair market
value of more than fifty dollars to a fund-raising activity
reported under subsection (4) of this section; and
(b) The name and address and the amount paid by each
person whose identity can be ascertained, who made a contribution to the candidate or committee aggregating more than
42.17A.230
(2010 Ed.)
42.17A.235
fifty dollars at or from such a fund-raising activity. [2010 c
205 § 5; 2010 c 204 § 407; 1989 c 280 § 6; 1982 c 147 § 5;
1975-’76 2nd ex.s. c 112 § 9. Formerly RCW 42.17.067.]
Reviser’s note: This section was amended by 2010 c 204 § 407 and by
2010 c 205 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
42.17A.235
42.17A.235 Reporting of contributions and expenditures—Public
inspection of accounts (as amended by 2010 c 204). (Effective January 1,
2012.) (1) In addition to the information required under RCW 42.17A.205
and 42.17A.210, on the day the treasurer is designated, each candidate or
political committee ((shall)) must file with the commission and the county
auditor or elections officer of the county in which the candidate resides, or in
the case of a political committee, the county in which the treasurer resides,
((in addition to any statement of organization required under RCW
42.17.040 or 42.17.050,)) a report of all contributions received and expenditures made prior to that date, if any.
(2) ((At the following intervals)) Each treasurer shall file with the commission and the county auditor or elections officer of the county in which the
candidate resides, or in the case of a political committee, the county in which
the committee maintains its office or headquarters, ((and if there is no office
or headquarters then)) or in the county in which the treasurer resides if there
is no office or headquarters, a report containing the information required by
RCW 42.17A.240 at the following intervals:
(a) On the twenty-first day and the seventh day immediately preceding
the date on which the election is held; ((and))
(b) On the tenth day of the first month after the election; and
(c) On the tenth day of each month in which no other reports are
required to be filed under this section((: PROVIDED, That such report shall
only be filed)) only if the committee has received a contribution or made an
expenditure in the preceding calendar month and either the total contributions received or total expenditures made since the last such report exceed
two hundred dollars.
((When there is no outstanding debt or obligation, and the campaign
fund is closed, and the campaign is concluded in all respects, and in the case
of a political committee, the committee has ceased to function and has dissolved, the treasurer shall file a final report. Upon submitting a final report,
the duties of the treasurer shall cease and there shall be no obligation to make
any further reports.))
The report filed twenty-one days before the election shall report all
contributions received and expenditures made as of the end of the one business day before the date of the report. The report filed seven days before the
election shall report all contributions received and expenditures made as of
the end of the one business day before the date of the report. Reports filed
on the tenth day of the month shall report all contributions received and
expenditures made from the closing date of the last report filed through the
last day of the month preceding the date of the current report.
(3) For the period beginning the first day of the fourth month preceding
the date ((on which)) of the special election ((is held)), or for the period
beginning the first day of the fifth month before the date ((on which)) of the
general election ((is held)), and ending on the date of that special or general
election, each Monday the treasurer shall file with the commission and the
appropriate county elections officer a report of each bank deposit made during the previous seven calendar days. The report shall contain the name of
each person contributing the funds ((so deposited)) and the amount contributed by each person. However, ((contributions of)) persons who contribute
no more than twenty-five dollars in the aggregate ((from any one person may
be deposited without identifying the contributor)) are not required to be identified in the report. A copy of the report shall be retained by the treasurer for
his or her records. In the event of deposits made by a deputy treasurer, the
copy shall be forwarded to the treasurer for his or her records. Each report
shall be certified as correct by the treasurer or deputy treasurer making the
deposit.
(4) If a city requires that candidates or committees for city offices file
reports with a city agency, the candidate or treasurer ((so filing need not
also)) complying with the requirement does not need to file the report with
the county auditor or elections officer.
(5) The treasurer or candidate shall maintain books of account accurately reflecting all contributions and expenditures on a current basis within
five business days of receipt or expenditure. During the eight days immediately preceding the date of the election the books of account shall be kept
current within one business day. As specified in the committee’s statement
[Title 42 RCW—page 61]
42.17A.235
Title 42 RCW: Public Officers and Agencies
of organization filed under RCW 42.17A.205, the books of account must be
open for public inspection by appointment at the designated place for inspections between 8:00 a.m. and 8:00 p.m. on any day from the eighth day immediately before the election through the day immediately before the election,
other than Saturday, Sunday, or a legal holiday. It is a violation of this chapter for a candidate or political committee to refuse to allow and keep an
appointment for an inspection to be conducted during these authorized times
and days. The appointment must be allowed at an authorized time and day
for such inspections that is within twenty-four hours of the time and day that
is requested for the inspection.
(6) ((The treasurer or candidate shall preserve books of account, bills,
receipts, and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the
transaction occurred.
(7) All reports filed pursuant to subsection (1) or (2) of this section
shall be certified as correct by the candidate and the treasurer.
(8))) Copies of all reports filed pursuant to this section shall be readily
available for public inspection ((for at least two consecutive hours Monday
through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m.,
as specified in the committee’s statement of organization filed pursuant to
RCW 42.17.040)) by appointment, pursuant to subsection (5) of this section,
at the principal headquarters or, if there is no headquarters, at the address of
the treasurer or such other place as may be authorized by the commission.
(((9) After January 1, 2002,)) (7) A report that is filed with the commission electronically need not also be filed with the county auditor or elections
officer.
(((10) The commission shall adopt administrative rules establishing
requirements for filer participation in any system designed and implemented
by the commission for the electronic filing of reports.))
(8) The treasurer or candidate shall preserve books of account, bills,
receipts, and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the
transaction occurred.
(9) All reports filed pursuant to subsection (1) or (2) of this section
shall be certified as correct by the candidate and the treasurer.
(10) When there is no outstanding debt or obligation, the campaign
fund is closed, and the campaign is concluded in all respects or in the case of
a political committee, the committee has ceased to function and has dissolved, the treasurer shall file a final report. Upon submitting a final report,
the duties of the treasurer shall cease and there is no obligation to make any
further reports. [2010 c 204 § 408; 2008 c 73 § 1; 2006 c 344 § 30; 2005 c
184 § 1; 2002 c 75 § 2; 2000 c 237 § 2; 1999 c 401 § 13; 1995 c 397 § 2; 1989
c 280 § 8; 1986 c 28 § 1; 1982 c 147 § 6; 1975 1st ex.s. c 294 § 6; 1973 c 1
§ 8 (Initiative Measure No. 276, approved November 7, 1972). Formerly
RCW 42.17.080.]
42.17A.235
42.17A.235 Reporting of contributions and expenditures—Public
inspection of accounts (as amended by 2010 c 205). (Effective January 1,
2012.) (1) On the day the treasurer is designated, each candidate or political
committee shall file with the commission ((and the county auditor or elections officer of the county in which the candidate resides, or in the case of a
political committee, the county in which the treasurer resides)), in addition to
any statement of organization required under *RCW 42.17.040 or 42.17.050,
a report of all contributions received and expenditures made prior to that
date, if any.
(2) At the following intervals each treasurer shall file with the commission ((and the county auditor or elections officer of the county in which the
candidate resides, or in the case of a political committee, the county in which
the committee maintains its office or headquarters, and if there is no office or
headquarters then in the county in which the treasurer resides,)) a report containing the information required by *RCW 42.17.090:
(a) On the twenty-first day and the seventh day immediately preceding
the date on which the election is held; and
(b) On the tenth day of the first month after the election; and
(c) On the tenth day of each month in which no other reports are
required to be filed under this section((: PROVIDED, That)). However,
such report shall only be filed if the committee has received a contribution or
made an expenditure in the preceding calendar month and either the total
contributions received or total expenditures made since the last such report
exceed two hundred dollars.
When there is no outstanding debt or obligation, and the campaign fund
is closed, and the campaign is concluded in all respects, and in the case of a
political committee, the committee has ceased to function and has dissolved,
the treasurer shall file a final report. Upon submitting a final report, the
[Title 42 RCW—page 62]
duties of the treasurer shall cease and there shall be no obligation to make
any further reports.
The report filed twenty-one days before the election shall report all
contributions received and expenditures made as of the end of ((the)) one
business day before the date of the report. The report filed seven days before
the election shall report all contributions received and expenditures made as
of the end of ((the)) one business day before the date of the report. Reports
filed on the tenth day of the month shall report all contributions received and
expenditures made from the closing date of the last report filed through the
last day of the month preceding the date of the current report.
(3) For the period beginning the first day of the fourth month preceding
the date on which the special election is held, or for the period beginning the
first day of the fifth month before the date on which the general election is
held, and ending on the date of that special or general election, each Monday
the treasurer shall file with the commission ((and the appropriate county
elections officer)) a report of each bank deposit made during the previous
seven calendar days. The report shall contain the name of each person contributing the funds so deposited and the amount contributed by each person.
However, contributions of no more than twenty-five dollars in the aggregate
from any one person may be deposited without identifying the contributor.
A copy of the report shall be retained by the treasurer for his or her records.
In the event of deposits made by a deputy treasurer, the copy shall be forwarded to the treasurer for his or her records. Each report shall be certified
as correct by the treasurer or deputy treasurer making the deposit.
(4) ((If a city requires that candidates or committees for city offices file
reports with a city agency, the candidate or treasurer so filing need not also
file the report with the county auditor or elections officer.
(5))) The treasurer or candidate shall maintain books of account accurately reflecting all contributions and expenditures on a current basis within
five business days of receipt or expenditure. During the eight days immediately preceding the date of the election the books of account shall be kept
current within one business day. As specified in the committee’s statement
of organization filed under *RCW 42.17.040, the books of account must be
open for public inspection by appointment at the designated place for inspections between 8:00 a.m. and 8:00 p.m. on any day from the eighth day immediately before the election through the day immediately before the election,
other than Saturday, Sunday, or a legal holiday. It is a violation of this chapter for a candidate or political committee to refuse to allow and keep an
appointment for an inspection to be conducted during these authorized times
and days. The appointment must be allowed at an authorized time and day
for such inspections that is within twenty-four hours of the time and day that
is requested for the inspection.
(((6))) (5) The treasurer or candidate shall preserve books of account,
bills, receipts, and all other financial records of the campaign or political
committee for not less than five calendar years following the year during
which the transaction occurred.
(((7))) (6) All reports filed pursuant to subsection (1) or (2) of this section shall be certified as correct by the candidate and the treasurer.
(((8))) (7) Copies of all reports filed pursuant to this section shall be
readily available for public inspection for at least two consecutive hours
Monday through Friday, excluding legal holidays, between 8:00 a.m. and
8:00 p.m., as specified in the committee’s statement of organization filed
pursuant to *RCW 42.17.040, at the principal headquarters or, if there is no
headquarters, at the address of the treasurer or such other place as may be
authorized by the commission.
(((9) After January 1, 2002, a report that is filed with the commission
electronically need not also be filed with the county auditor or elections
officer.
(10))) (8) The commission shall adopt administrative rules establishing
requirements for filer participation in any system designed and implemented
by the commission for the electronic filing of reports. [2010 c 205 § 6; 2008
c 73 § 1; 2006 c 344 § 30; 2005 c 184 § 1; 2002 c 75 § 2; 2000 c 237 § 2;
1999 c 401 § 13; 1995 c 397 § 2; 1989 c 280 § 8; 1986 c 28 § 1; 1982 c 147
§ 6; 1975 1st ex.s. c 294 § 6; 1973 c 1 § 8 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.080.]
Reviser’s note: *(1) RCW 42.17.040, 42.17.050, and 42.17.090 were
recodified as RCW 42.17A.205, 42.17A.210, and 42.17A.240, respectively,
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
(2) RCW 42.17A.235 was amended twice during the 2010 legislative
session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Campaign Disclosure and Contribution
42.17A.240 Contents of report. (Effective January 1,
2012.) Each report required under RCW 42.17A.235 (1) and
(2) must be certified as correct by the treasurer and the candidate and shall disclose the following:
(1) The funds on hand at the beginning of the period;
(2) The name and address of each person who has made
one or more contributions during the period, together with the
money value and date of each contribution and the aggregate
value of all contributions received from each person during
the campaign, or in the case of a continuing political committee, the current calendar year, with the following exceptions:
(a) Pledges in the aggregate of less than one hundred dollars from any one person need not be reported;
(b) Income that results from a fund-raising activity conducted in accordance with RCW 42.17A.230 may be reported
as one lump sum, with the exception of that portion received
from persons whose names and addresses are required to be
included in the report required by RCW 42.17A.230;
(c) Contributions of no more than twenty-five dollars in
the aggregate from any one person during the election campaign may be reported as one lump sum if the treasurer maintains a separate and private list of the name, address, and
amount of each such contributor; and
(d) The money value of contributions of postage shall be
the face value of the postage;
(3) Each loan, promissory note, or security instrument to
be used by or for the benefit of the candidate or political committee made by any person, including the names and
addresses of the lender and each person liable directly, indirectly or contingently and the date and amount of each such
loan, promissory note, or security instrument;
(4) All other contributions not otherwise listed or
exempted;
(5) The name and address of each candidate or political
committee to which any transfer of funds was made, including the amounts and dates of the transfers;
(6) The name and address of each person to whom an
expenditure was made in the aggregate amount of more than
fifty dollars during the period covered by this report, the
amount, date, and purpose of each expenditure, and the total
sum of all expenditures;
(7) The name and address of each person directly compensated for soliciting or procuring signatures on an initiative
or referendum petition, the amount of the compensation to
each person, and the total expenditures made for this purpose.
Such expenditures shall be reported under this subsection in
addition to what is required to be reported under subsection
(6) of this section;
(8) The name and address of any person and the amount
owed for any debt, obligation, note, unpaid loan, or other liability in the amount of more than two hundred fifty dollars or
in the amount of more than fifty dollars that has been outstanding for over thirty days;
(9) The surplus or deficit of contributions over expenditures;
(10) The disposition made in accordance with RCW
42.17A.430 of any surplus funds; and
(11) Any other information required by the commission
by rule in conformance with the policies and purposes of this
chapter. [2010 c 204 § 409; 2003 c 123 § 1; 1993 c 256 § 6;
1989 c 280 § 9. Prior: 1986 c 228 § 1; 1986 c 12 § 2; 1983 c
42.17A.240
(2010 Ed.)
42.17A.250
96 § 1; 1982 c 147 § 7; 1977 ex.s. c 336 § 2; 1975-’76 2nd
ex.s. c 112 § 3; 1975 1st ex.s. c 294 § 7; 1973 c 1 § 9 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.090.]
Appearance of fairness doctrine—Application to candidates for public
office—Campaign contributions: RCW 42.36.040, 42.36.050.
Additional notes found at www.leg.wa.gov
42.17A.245 Electronic filing—When required.
(Effective January 1, 2012.) (1) Each candidate or political
committee that expended ten thousand dollars or more in the
preceding year or expects to expend ten thousand dollars or
more in the current year shall file all contribution reports and
expenditure reports required by this chapter by the electronic
alternative provided by the commission under RCW
42.17A.055. The commission may make exceptions on a
case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the
electronic alternative provided by the commission.
(2) Failure by a candidate or political committee to comply with this section is a violation of this chapter. [2010 c 204
§ 410; 2000 c 237 § 4; 1999 c 401 § 12. Formerly RCW
42.17.3691.]
42.17A.245
42.17A.250 Out-of-state political committees—
Reports. (Effective January 1, 2012.) (1) An out-of-state
political committee organized for the purpose of supporting
or opposing candidates or ballot propositions in another state
that is not otherwise required to report under RCW
42.17A.205 through 42.17A.240 shall report as required in
this section when it makes an expenditure supporting or
opposing a Washington state candidate or political committee. The committee shall file with the commission a statement disclosing:
(a) Its name and address;
(b) The purposes of the out-of-state committee;
(c) The names, addresses, and titles of its officers or, if it
has no officers, the names, addresses, and the titles of its
responsible leaders;
(d) The name, office sought, and party affiliation of each
candidate in the state of Washington whom the out-of-state
committee is supporting or opposing and, if the committee is
supporting or opposing the entire ticket of any party, the
name of the party;
(e) The ballot proposition supported or opposed in the
state of Washington, if any, and whether the committee is in
favor of or opposed to that proposition;
(f) The name and address of each person residing in the
state of Washington or corporation that has a place of business in the state of Washington who has made one or more
contributions in the aggregate of more than twenty-five dollars to the out-of-state committee during the current calendar
year, together with the money value and date of the contributions;
(g) The name, address, and employer of each person or
corporation residing outside the state of Washington who has
made one or more contributions in the aggregate of more than
two thousand five hundred fifty dollars to the out-of-state
committee during the current calendar year, together with the
money value and date of the contributions. Annually, the
commission must modify the two thousand five hundred fifty
42.17A.250
[Title 42 RCW—page 63]
42.17A.255
Title 42 RCW: Public Officers and Agencies
dollar limit in this subsection based on percentage change in
the implicit price deflator for personal consumption expenditures for the United States as published for the most recent
twelve-month period by the bureau of economic analysis of
the federal department of commerce;
(h) The name and address of each person in the state of
Washington to whom an expenditure was made by the out-ofstate committee with respect to a candidate or political committee in the aggregate amount of more than fifty dollars, the
amount, date, and purpose of the expenditure, and the total
sum of the expenditures; and
(i) Any other information as the commission may prescribe by rule in keeping with the policies and purposes of
this chapter.
(2) Each statement shall be filed no later than the tenth
day of the month following any month in which a contribution or other expenditure reportable under subsection (1) of
this section is made. An out-of-state committee incurring an
obligation to file additional statements in a calendar year may
satisfy the obligation by timely filing reports that supplement
previously filed information. [2010 c 204 § 411; 2006 c 348
§ 6; 2003 c 123 § 2. Formerly RCW 42.17.093.]
42.17A.255 Special reports—Independent expenditures. (Effective January 1, 2012.) (1) For the purposes of
this section the term "independent expenditure" means any
expenditure that is made in support of or in opposition to any
candidate or ballot proposition and is not otherwise required
to be reported pursuant to *RCW 42.17.060, 42.17.080, or
42.17.090. "Independent expenditure" does not include: An
internal political communication primarily limited to the contributors to a political party organization or political action
committee, or the officers, management staff, and stockholders of a corporation or similar enterprise, or the members of a
labor organization or other membership organization; or the
rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental
expenses personally incurred by volunteer campaign workers
not in excess of fifty dollars personally paid for by the
worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not
compensated by any person.
(2) Within five days after the date of making an independent expenditure that by itself or when added to all other such
independent expenditures made during the same election
campaign by the same person equals one hundred dollars or
more, or within five days after the date of making an independent expenditure for which no reasonable estimate of monetary value is practicable, whichever occurs first, the person
who made the independent expenditure shall file with the
commission an initial report of all independent expenditures
made during the campaign prior to and including such date.
(3) At the following intervals each person who is
required to file an initial report pursuant to subsection (2) of
this section shall file with the commission a further report of
the independent expenditures made since the date of the last
report:
(a) On the twenty-first day and the seventh day preceding the date on which the election is held; and
(b) On the tenth day of the first month after the election;
and
42.17A.255
[Title 42 RCW—page 64]
(c) On the tenth day of each month in which no other
reports are required to be filed pursuant to this section. However, the further reports required by this subsection (3) shall
only be filed if the reporting person has made an independent
expenditure since the date of the last previous report filed.
The report filed pursuant to paragraph (a) of this subsection (3) shall be the final report, and upon submitting such
final report the duties of the reporting person shall cease, and
there shall be no obligation to make any further reports.
(4) All reports filed pursuant to this section shall be certified as correct by the reporting person.
(5) Each report required by subsections (2) and (3) of
this section shall disclose for the period beginning at the end
of the period for the last previous report filed or, in the case
of an initial report, beginning at the time of the first independent expenditure, and ending not more than one business day
before the date the report is due:
(a) The name and address of the person filing the report;
(b) The name and address of each person to whom an
independent expenditure was made in the aggregate amount
of more than fifty dollars, and the amount, date, and purpose
of each such expenditure. If no reasonable estimate of the
monetary value of a particular independent expenditure is
practicable, it is sufficient to report instead a precise description of services, property, or rights furnished through the
expenditure and where appropriate to attach a copy of the
item produced or distributed by the expenditure;
(c) The total sum of all independent expenditures made
during the campaign to date; and
(d) Such other information as shall be required by the
commission by rule in conformance with the policies and
purposes of this chapter. [2010 c 205 § 7; 1995 c 397 § 28;
1989 c 280 § 10; 1985 c 367 § 6; 1982 c 147 § 9; 1975-’76
2nd ex.s. c 112 § 4; 1973 c 1 § 10 (Initiative Measure No.
276, approved November 7, 1972). Formerly RCW
42.17.100.]
*Reviser’s note: RCW 42.17.060, 42.17.080, and 42.17.090 were
recodified as RCW 42.17A.220, 42.17A.235, and 42.17A.240, respectively,
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Additional notes found at www.leg.wa.gov
42.17A.260 Special reports—Political advertising.
(Effective January 1, 2012.) (1) The sponsor of political
advertising who, within twenty-one days of an election, publishes, mails, or otherwise presents to the public political
advertising supporting or opposing a candidate or ballot
proposition that qualifies as an independent expenditure with
a fair market value of one thousand dollars or more shall
deliver, either electronically or in written form, a special
report to the commission within twenty-four hours of, or on
the first working day after, the date the political advertising is
first published, mailed, or otherwise presented to the public.
(2) If a sponsor is required to file a special report under
this section, the sponsor shall also deliver to the commission
within the delivery period established in subsection (1) of this
section a special report for each subsequent independent
expenditure of any size supporting or opposing the same candidate who was the subject of the previous independent
expenditure, supporting or opposing that candidate’s opponent, or supporting or opposing the same ballot proposition
that was the subject of the previous independent expenditure.
42.17A.260
(2010 Ed.)
Campaign Disclosure and Contribution
(3) The special report must include:
(a) The name and address of the person making the
expenditure;
(b) The name and address of the person to whom the
expenditure was made;
(c) A detailed description of the expenditure;
(d) The date the expenditure was made and the date the
political advertising was first published or otherwise presented to the public;
(e) The amount of the expenditure;
(f) The name of the candidate supported or opposed by
the expenditure, the office being sought by the candidate, and
whether the expenditure supports or opposes the candidate;
or the name of the ballot proposition supported or opposed by
the expenditure and whether the expenditure supports or
opposes the ballot proposition; and
(g) Any other information the commission may require
by rule.
(4) All persons required to report under RCW
42.17A.225, 42.17A.235, 42.17A.240, 42.17A.255, and
42.17A.305 are subject to the requirements of this section.
The commission may determine that reports filed pursuant to
this section also satisfy the requirements of RCW
42.17A.255.
(5) The sponsor of independent expenditures supporting
a candidate or opposing that candidate’s opponent required to
report under this section shall file with each required report
an affidavit or declaration of the person responsible for making the independent expenditure that the expenditure was not
made in cooperation, consultation, or concert with, or at the
request or suggestion of, the candidate, the candidate’s authorized committee, or the candidate’s agent, or with the encouragement or approval of the candidate, the candidate’s authorized committee, or the candidate’s agent. [2010 c 204 § 413;
2005 c 445 § 7; 2001 c 54 § 1. Formerly RCW 42.17.103.]
Effective date—2001 c 54: "This act takes effect January 1, 2002."
[2001 c 54 § 4.]
42.17A.265 Special reports—Late contributions or
large totals—Certain late contributions prohibited.
(Effective January 1, 2012.) (1) Treasurers shall prepare and
deliver to the commission a special report when a contribution or aggregate of contributions totals one thousand dollars
or more, is from a single person or entity, and is received during a special reporting period.
(2) A political committee shall prepare and deliver to the
commission a special report when it makes a contribution or
an aggregate of contributions to a single entity that totals one
thousand dollars or more during a special reporting period.
(3) An aggregate of contributions includes only those
contributions made to or received from a single entity during
any one special reporting period. Any subsequent contribution of any size made to or received from the same person or
entity during the special reporting period must also be
reported.
(4) Special reporting periods, for purposes of this section, include:
(a) The period beginning on the day after the last report
required by RCW 42.17A.235 and 42.17A.240 to be filed
before a primary and concluding on the end of the day before
that primary;
42.17A.265
(2010 Ed.)
42.17A.265
(b) The period twenty-one days preceding a general election; and
(c) An aggregate of contributions includes only those
contributions received from a single entity during any one
special reporting period or made by the contributing political
committee to a single entity during any one special reporting
period.
(5) If a campaign treasurer files a special report under
this section for one or more contributions received from a single entity during a special reporting period, the treasurer shall
also file a special report under this section for each subsequent contribution of any size which is received from that
entity during the special reporting period. If a political committee files a special report under this section for a contribution or contributions made to a single entity during a special
reporting period, the political committee shall also file a special report for each subsequent contribution of any size which
is made to that entity during the special reporting period.
(6) Special reports required by this section shall be delivered electronically or in written form, including but not limited to mailgram, telegram, or nightletter. The special report
may be transmitted orally by telephone to the commission if
the written form of the report is postmarked and mailed to the
commission or the electronic filing is transferred to the commission within the delivery periods established in (a) and (b)
of this subsection.
(a) The special report required of a contribution recipient
under subsection (1) of this section shall be delivered to the
commission within forty-eight hours of the time, or on the
first working day after: The contribution of one thousand
dollars or more is received by the candidate or treasurer; the
aggregate received by the candidate or treasurer first equals
one thousand dollars or more; or any subsequent contribution
from the same source is received by the candidate or treasurer.
(b) The special report required of a contributor under
subsection (2) of this section or RCW 42.17A.625 shall be
delivered to the commission, and the candidate or political
committee to whom the contribution or contributions are
made, within twenty-four hours of the time, or on the first
working day after: The contribution is made; the aggregate
of contributions made first equals one thousand dollars or
more; or any subsequent contribution to the same person or
entity is made.
(7) The special report shall include:
(a) The amount of the contribution or contributions;
(b) The date or dates of receipt;
(c) The name and address of the donor;
(d) The name and address of the recipient; and
(e) Any other information the commission may by rule
require.
(8) Contributions reported under this section shall also
be reported as required by other provisions of this chapter.
(9) The commission shall prepare daily a summary of the
special repo rts made und er th is sectio n an d RCW
42.17A.625.
(10) Contributions governed by this section include, but
are not limited to, contributions made or received indirectly
through a third party or entity whether the contributions are
or are not reported to the commission as earmarked contributions under RCW 42.17A.270. [2010 c 204 § 414; 2001 c 54
[Title 42 RCW—page 65]
42.17A.270
Title 42 RCW: Public Officers and Agencies
§ 2; 1995 c 397 § 4; 1991 c 157 § 1; 1989 c 280 § 11; 1986 c
228 § 2; 1985 c 359 § 1; 1983 c 176 § 1. Formerly RCW
42.17.105.]
Effective date—2001 c 54: See note following RCW 42.17A.260.
Additional notes found at www.leg.wa.gov
42.17A.270 Earmarked contributions. (Effective
January 1, 2012.) A political committee receiving a contribution earmarked for the benefit of a candidate or another
political committee shall:
(1) Report the contribution as required in RCW
42.17A.235 and 42.17A.240;
(2) Complete a report, entitled "Earmarked contributions," on a form prescribed by the commission that identifies
the name and address of the person who made the contribution, the candidate or political committee for whose benefit
the contribution is earmarked, the amount of the contribution,
and the date that the contribution was received; and
(3) Mail or deliver to the commission and the candidate
or political committee benefiting from the contribution a
copy of the "Earmarked contributions" report within two
working days of receipt of the contribution.
(4) A candidate or political committee receiving notification of an earmarked contribution under subsection (3) of
this section shall report the contribution, once notification of
the contribution is received by the candidate or committee, in
the same manner as any other contribution, as required by
RCW 42.17A.235 and 42.17A.240. [2010 c 204 § 416; 1989
c 280 § 13; 1986 c 228 § 3. Formerly RCW 42.17.135.]
42.17A.270
Additional notes found at www.leg.wa.gov
POLITICAL ADVERTISING AND
ELECTIONEERING COMMUNICATIONS
42.17A.300 Findings—Intent—Rule-making authority. (Effective January 1, 2012.) (1) The legislature finds
that:
(a) Timely disclosure to voters of the identity and
sources of funding for electioneering communications is
vitally important to the integrity of state, local, and judicial
elections.
(b) Electioneering communications that identify political
candidates for state, local, or judicial office and that are distributed sixty days before an election for those offices are
intended to influence voters and the outcome of those elections.
(c) The state has a compelling interest in providing voters information about electioneering communications in
political campaigns concerning candidates for state, local, or
judicial office so that voters can be fully informed as to the:
(i) Source of support or opposition to those candidates; and
(ii) identity of persons attempting to influence the outcome of
state, local, and judicial candidate elections.
(d) Nondisclosure of financial information about advertising that masquerades as relating only to issues and not to
candidate campaigns fosters corruption or the appearance of
corruption. These consequences can be substantially avoided
by full disclosure of the identity and funding of those persons
paying for such advertising.
42.17A.300
[Title 42 RCW—page 66]
(e) The United States supreme court held in McConnell
et al. v. Federal Elections Commission, 540 U.S. 93, 124
S.Ct. 619, 157 L.Ed.2d 491 (2003) that speakers seeking to
influence elections do not possess an inviolable free speech
right to engage in electioneering communications regarding
elections, including when issue advocacy is the functional
equivalent of express advocacy. Therefore, such election
campaign communications can be regulated and the source of
funding disclosed.
(f) The state has a sufficiently compelling interest in preventing corruption in political campaigns to justify and
restore contribution limits and restrictions on the use of soft
money in RCW 42.17A.405. Those interests include restoring restrictions on the use of such funds for electioneering
communications, as well as the laws preventing circumvention of those limits and restrictions.
(2) Based upon the findings in this section, chapter 445,
Laws of 2005 is narrowly tailored to accomplish the following and is intended to:
(a) Improve the disclosure to voters of information concerning persons and entities seeking to influence state, local,
and judicial campaigns through reasonable and effective
mechanisms, including improving disclosure of the source,
identity, and funding of electioneering communications concerning state, local, and judicial candidate campaigns;
(b) Regulate electioneering communications that mention state, local, and judicial candidates and that are broadcast, mailed, erected, distributed, or otherwise published right
before the election so that the public knows who is paying for
such communications;
(c) Reenact and amend the contribution limits in RCW
42.17A.405 (7) and (15) and the restrictions on the use of soft
money, including as applied to electioneering communications, as those limits and restrictions were in effect following
the passage of chapter 2, Laws of 1993 (Initiative Measure
No. 134) and before the state supreme court decision in
Washington State Republican Party v. Washington State
Public Disclosure Commission, 141 Wn.2d 245, 4 P.3d 808
(2000). The commission is authorized to fully restore the
implementation of the limits and restrictions of RCW
42.17A.405 (7) and (15) in light of McConnell et al. v. Federal Elections Commission, 540 U.S. 93, 124 S.Ct. 619, 157
L.Ed.2d 491 (2003). The United States supreme court upheld
the disclosure and regulation of electioneering communications in political campaigns, including but not limited to issue
advocacy that is the functional equivalent of express advocacy; and
(d) Authorize the commission to adopt rules to implement chapter 445, Laws of 2005. [2010 c 204 § 501; 2005 c
445 § 1. Formerly RCW 42.17.561.]
42.17A.305 Report—Information required—Time—
Method—By whom—Penalty. (Effective January 1,
2012.) (1) A payment for or promise to pay for any electioneering communication shall be reported to the commission by
the sponsor on forms the commission shall develop by rule to
include, at a minimum, the following information:
(a) Name and address of the sponsor;
(b) Source of funds for the communication, including:
(i) General treasury funds. The name and address of
businesses, unions, groups, associations, or other organiza42.17A.305
(2010 Ed.)
Campaign Disclosure and Contribution
tions using general treasury funds for the communication,
however, if a business, union, group, association, or other
organization undertakes a special solicitation of its members
or other persons for an electioneering communication, or it
otherwise receives funds for an electioneering communication, that entity shall report pursuant to (b)(ii) of this subsection;
(ii) Special solicitations and other funds. The name,
address, and, for individuals, occupation and employer, of a
person whose funds were used to pay for the electioneering
communication, along with the amount, if such funds from
the person have exceeded two hundred fifty dollars in the
aggregate for the electioneering communication; and
(iii) Any other source information required or exempted
by the commission by rule;
(c) Name and address of the person to whom an electioneering communication related expenditure was made;
(d) A detailed description of each expenditure of more
than one hundred dollars;
(e) The date the expenditure was made and the date the
electioneering communication was first broadcast, transmitted, mailed, erected, distributed, or otherwise published;
(f) The amount of the expenditure;
(g) The name of each candidate clearly identified in the
electioneering communication, the office being sought by
each candidate, and the amount of the expenditure attributable to each candidate; and
(h) Any other information the commission may require
or exempt by rule.
(2) Electioneering communications shall be reported as
follows: The sponsor of an electioneering communication
shall report to the commission within twenty-four hours of, or
on the first working day after, the date the electioneering
communication is broadcast, transmitted, mailed, erected,
distributed, or otherwise published.
(3) Electioneering communications shall be reported
electronically by the sponsor using software provided or
approved by the commission. The commission may make
exceptions on a case-by-case basis for a sponsor who lacks
the technological ability to file reports using the electronic
means provided or approved by the commission.
(4) All persons required to report under RCW
42.17A.225, 42.17A.235, 42.17A.240, and 42.17A.255 are
subject to the requirements of this section, although the commission may determine by rule that persons filing according
to those sections may be exempt from reporting some of the
information otherwise required by this section. The commission may determine that reports filed pursuant to this section
also satisfy the requirements of RCW 42.17A.255 and
42.17A.260.
(5) Failure of any sponsor to report electronically under
this section shall be a violation of this chapter. [2010 c 204 §
502; 2005 c 445 § 3. Formerly RCW 42.17.565.]
42.17A.310 When a contribution. (Effective January
1, 2012.) (1) An electioneering communication made by a
person in cooperation, consultation, or concert with, or at the
request or suggestion of, a candidate, a candidate’s authorized committee, or their agents is a contribution to the candidate.
42.17A.310
(2010 Ed.)
42.17A.320
(2) An electioneering communication made by a person
in cooperation, consultation, or concert with, or at the request
or suggestion of, a political committee or its agents is a contribution to the political committee.
(3) If an electioneering communication is not a contribution pursuant to subsection (1) or (2) of this section, the sponsor shall file an affidavit or declaration so stating at the time
the sponsor is required to report the electioneering communication expense under RCW 42.17A.305. [2010 c 204 § 503;
2005 c 445 § 4. Formerly RCW 42.17.570.]
42.17A.315
42.17A.315 Recordkeeping. (Effective January 1,
2012.) (1) The sponsor of an electioneering communication
shall preserve all financial records relating to the communication, including books of account, bills, receipts, contributor
information, and ledgers, for not less than five calendar years
following the year in which the communication was broadcast, transmitted, mailed, erected, or otherwise published.
(2) All reports filed under RCW 42.17A.305 shall be certified as correct by the sponsor. If the sponsor is an individual using his or her own funds to pay for the communication,
the certification shall be signed by the individual. If the sponsor is a political committee, the certification shall be signed
by the committee treasurer. If the sponsor is another entity,
the certification shall be signed by the individual responsible
for authorizing the expenditure on the entity’s behalf. [2010
c 204 § 504; 2005 c 445 § 5. Formerly RCW 42.17.575.]
42.17A.320
42.17A.320 Identification of sponsor—Exemptions.
(Effective January 1, 2012.) (1) All written political advertising, whether relating to candidates or ballot propositions,
shall include the sponsor’s name and address. All radio and
television political advertising, whether relating to candidates
or ballot propositions, shall include the sponsor’s name. The
use of an assumed name for the sponsor of electioneering
communications, independent expenditures, or political
advertising shall be unlawful. For partisan office, if a candidate has expressed a party or independent preference on the
declaration of candidacy, that party or independent designation shall be clearly identified in electioneering communications, independent expenditures, or political advertising.
(2) In addition to the information required by subsection
(1) of this section, except as specifically addressed in subsections (4) and (5) of this section, all political advertising
undertaken as an independent expenditure or an electioneering communication by a person or entity other than a bona
fide political party must include as part of the communication:
(a) The statement: "No candidate authorized this ad. It
is paid for by (name, address, city, state)";
(b) If the sponsor is a political committee, the statement:
"Top Five Contributors," followed by a listing of the names
of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this
chapter during the twelve-month period before the date of the
advertisement or communication; and
(c) If the sponsor is a political committee established,
maintained, or controlled directly, or indirectly through the
formation of one or more political committees, by an individ[Title 42 RCW—page 67]
42.17A.330
Title 42 RCW: Public Officers and Agencies
ual, corporation, union, association, or other entity, the full
name of that individual or entity.
(3) The information required by subsections (1) and (2)
of this section shall:
(a) Appear on the first page or fold of the written advertisement or communication in at least ten-point type, or in
type at least ten percent of the largest size type used in a written advertisement or communication directed at more than
one voter, such as a billboard or poster, whichever is larger;
(b) Not be subject to the half-tone or screening process;
and
(c) Be set apart from any other printed matter.
(4) In an independent expenditure or electioneering communication transmitted via television or other medium that
includes a visual image, the following statement must either
be clearly spoken, or appear in print and be visible for at least
four seconds, appear in letters greater than four percent of the
visual screen height, and have a reasonable color contrast
with the background: "No candidate authorized this ad. Paid
for by (name, city, state)." If the advertisement or communication is undertaken by a nonindividual other than a party
organization, then the following notation must also be
included: "Top Five Contributors" followed by a listing of
the names of the five persons or entities making the largest
contributions in excess of seven hundred dollars reportable
under this chapter during the twelve-month period before the
date of the advertisement. Abbreviations may be used to
describe contributing entities if the full name of the entity has
been clearly spoken previously during the broadcast advertisement.
(5) The following statement shall be clearly spoken in an
independent expenditure or electioneering communication
transmitted by a method that does not include a visual image:
"No candidate authorized this ad. Paid for by (name, city,
state)." If the independent expenditure or electioneering
communication is undertaken by a nonindividual other than a
party organization, then the following statement must also be
included: "Top Five Contributors" followed by a listing of
the names of the five persons or entities making the largest
contributions in excess of seven hundred dollars reportable
under this chapter during the twelve-month period before the
date of the advertisement. Abbreviations may be used to
describe contributing entities if the full name of the entity has
been clearly spoken previously during the broadcast advertisement.
(6) Political yard signs are exempt from the requirement
of subsections (1) and (2) of this section that the name and
address of the sponsor of political advertising be listed on the
advertising. In addition, the public disclosure commission
shall, by rule, exempt from the identification requirements of
subsections (1) and (2) of this section forms of political
advertising such as campaign buttons, balloons, pens, pencils, sky-writing, inscriptions, and other forms of advertising
where identification is impractical.
(7) For the purposes of this section, "yard sign" means
any outdoor sign with dimensions no greater than eight feet
by four feet. [2010 c 204 § 505; 2005 c 445 § 9; 1995 c 397
§ 19; 1993 c 2 § 22 (Initiative Measure No. 134, approved
November 3, 1992); 1984 c 216 § 1. Formerly RCW
42.17.510.]
Advertising rates for political candidates: RCW 65.16.095.
[Title 42 RCW—page 68]
42.17A.330 Picture of candidate. (Effective January
1, 2012.) At least one picture of the candidate used in any
political advertising shall have been taken within the last five
years and shall be no smaller than any other picture of the
same candidate used in the same advertisement. [2010 c 204
§ 506; 1984 c 216 § 2. Formerly RCW 42.17.520.]
42.17A.330
42.17A.335 Political advertising or electioneering
communication—Libel or defamation per se. (Effective
January 1, 2012.) (1) It is a violation of this chapter for a
person to sponsor with actual malice a statement constituting
libel or defamation per se under the following circumstances:
(a) Political advertising or an electioneering communication that contains a false statement of material fact about a
candidate for public office;
(b) Political advertising or an electioneering communication that falsely represents that a candidate is the incumbent for the office sought when in fact the candidate is not the
incumbent;
(c) Political advertising or an electioneering communication that makes either directly or indirectly, a false claim stating or implying the support or endorsement of any person or
organization when in fact the candidate does not have such
support or endorsement.
(2) For the purposes of this section, "libel or defamation
per se" means statements that tend (a) to expose a living person to hatred, contempt, ridicule, or obloquy, or to deprive
him or her of the benefit of public confidence or social intercourse, or to injure him or her in his or her business or occupation, or (b) to injure any person, corporation, or association
in his, her, or its business or occupation.
(3) It is not a violation of this section for a candidate or
his or her agent to make statements described in subsection
(1)(a) or (b) of this section about the candidate himself or herself because a person cannot defame himself or herself. It is
not a violation of this section for a person or organization referenced in subsection (1)(c) of this section to make a statement about that person or organization because such persons
and organizations cannot defame themselves.
(4) Any violation of this section shall be proven by clear
and convincing evidence. If a violation is proven, damages
are presumed and do not need to be proven. [2009 c 222 § 2;
2005 c 445 § 10; 1999 c 304 § 2; 1988 c 199 § 2; 1984 c 216
§ 3. Formerly RCW 42.17.530.]
42.17A.335
Intent—Findings—2009 c 222: "(1) The concurring opinion of the
Washington state supreme court in Rickert v. State, Public Disclosure Commission, 161 Wn.2d 843, 168 P. 3d 826 (2007) found the statute that prohibits persons from sponsoring, with actual malice, political advertising and
electioneering communications about a candidate containing false statements of material fact to be invalid under the First Amendment to the United
States Constitution because it posed no requirement that the prohibited statements be defamatory.
(2) It is the intent of the legislature to amend *chapter 42.17 RCW to
find that a violation of state law occurs if a person sponsors false statements
about candidates in political advertising and electioneering communications
when the statements are made with actual malice and are defamatory.
(3) The legislature finds that in such circumstances damages are presumed and do not need to be established when such statements are made with
actual malice in political advertising and electioneering communications and
constitute libel or defamation per se. The legislature finds that incumbents,
challengers, voters, and the political process will benefit from vigorous political debate that is not made with actual malice and is not defamatory.
(4) The legislature finds that when such defamatory statements contain
a false statement of material fact about a candidate for public office they
expose the candidate to contempt, ridicule, or reproach and can deprive the
(2010 Ed.)
Campaign Disclosure and Contribution
candidate of the benefit of public confidence, or prejudice him or her in his
or her profession, trade, or vocation. The legislature finds that when such
statements falsely represent that a candidate is the incumbent for the office
sought when in fact the candidate is not the incumbent they deprive the
actual incumbent and the candidates of the benefit of public confidence and
injure the actual incumbent in the ability to effectively serve as an elected
official. The legislature further finds that defamatory statements made by an
incumbent regarding the incumbent’s challenger may deter individuals from
seeking public office and harm the democratic process. Further, the legislature finds that when such statements make, either directly or indirectly, a
false claim stating or implying the support or endorsement of any person or
organization when in fact the candidate does not have such support or
endorsement, they deprive the person or organization of the benefit of public
confidence and/or will expose the person or organization to contempt, ridicule, or reproach, or injure the person or organization in their business or
occupation.
(5) The legislature finds that defamatory statements, made with actual
malice, damage the integrity of elections by distorting the electoral process.
Democracy is premised on an informed electorate. To the extent such defamatory statements misinform the voters, they interfere with the process upon
which democracy is based. Such defamatory statements also lower the quality of campaign discourse and debate, and lead or add to voter alienation by
fostering voter cynicism and distrust of the political process." [2009 c 222 §
1.]
*Reviser’s note: Provisions in chapter 42.17 RCW, relating to campaign finance were recodified in chapter 42.17A RCW by 2010 c 204, effective January 1, 2012.
Finding—Intent—1999 c 304: "(1) The Washington supreme court in
a case involving a ballot measure, State v. 119 Vote No! Committee, 135
Wn.2d 618 (1998), found the statute that prohibits persons from sponsoring,
with actual malice, political advertising containing false statements of material fact to be invalid under the First Amendment to the United States Constitution.
(2) The legislature finds that a review of the opinions indicates that a
majority of the supreme court may find valid a statute that limited such a prohibition on sponsoring with actual malice false statements of material fact in
a political campaign to statements about a candidate in an election for public
office.
(3) It is the intent of the legislature to amend the current law to provide
protection for candidates for public office against false statements of material fact sponsored with actual malice." [1999 c 304 § 1.]
42.17A.340 Responsibility for compliance. (Effective
January 1, 2012.) (1) Except as provided in subsection (2) of
this section, the responsibility for compliance with RCW
42.17A.320 through 42.17A.335 shall be with the sponsor of
the political advertising and not with the broadcasting station
or other medium.
(2) If a broadcasting station or other medium changes the
content of a political advertisement, the station or medium
shall be responsible for any failure of the advertisement to
comply with RCW 42.17A.320 through 42.17A.335 that
results from that change. [2010 c 204 § 507; 1984 c 216 § 4.
Formerly RCW 42.17.540.]
42.17A.340
42.17A.345 Commercial advertisers—Public inspection of documents—Copies to commission. (Effective
January 1, 2012.) (1) Each commercial advertiser who has
accepted or provided political advertising or electioneering
communications during the election campaign shall maintain
documents and books of account that shall be open for public
inspection during normal business hours during the campaign
and for a period of no less than three years after the date of the
applicable election. The documents and books of account
shall specify:
(a) The names and addresses of persons from whom it
accepted political advertising or electioneering communications;
42.17A.345
(2010 Ed.)
42.17A.405
(b) The exact nature and extent of the services rendered;
and
(c) The total cost and the manner of payment for the services.
(2) At the request of the commission, each commercial
advertiser required to comply with subsection (1) of this section shall deliver to the commission copies of the information
that must be maintained and be open for public inspection
pursuant to subsection (1) of this section. [2010 c 204 § 508;
2005 c 445 § 8; 1975-’76 2nd ex.s. c 112 § 5; 1973 c 1 § 11
(Initiative Measure No. 276, approved November 7, 1972).
Formerly RCW 42.17.110.]
CAMPAIGN CONTRIBUTION LIMITS
AND OTHER RESTRICTIONS
42.17A.400 Findings—Intent. (Effective January 1,
2012.) (1) The people of the state of Washington find and
declare that:
(a) The financial strength of certain individuals or organizations should not permit them to exercise a disproportionate or controlling influence on the election of candidates.
(b) Rapidly increasing political campaign costs have led
many candidates to raise larger percentages of money from
special interests with a specific financial stake in matters
before state government. This has caused the public perception that decisions of elected officials are being improperly
influenced by monetary contributions.
(c) Candidates are raising less money in small contributions from individuals and more money from special interests. This has created the public perception that individuals
have an insignificant role to play in the political process.
(2) By limiting campaign contributions, the people
intend to:
(a) Ensure that individuals and interest groups have fair
and equal opportunity to influence elective and governmental
processes;
(b) Reduce the influence of large organizational contributors; and
(c) Restore public trust in governmental institutions and
the electoral process. [2010 c 204 § 601; 1993 c 2 § 1 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.610.]
42.17A.400
42.17A.405 Limits specified—Exemptions. (Effective
January 1, 2012.) (1) The contribution limits in this section
apply to:
(a) Candidates for legislative office;
(b) Candidates for state office other than legislative
office;
(c) Candidates for county office;
(d) Candidates for special purpose district office if that
district is authorized to provide freight and passenger transfer
and terminal facilities and that district has over two hundred
thousand registered voters;
(e) Candidates for city council office;
(f) Candidates for mayoral office;
(g) Persons holding an office in (a) through (f) of this
subsection against whom recall charges have been filed or to
a political committee having the expectation of making
42.17A.405
[Title 42 RCW—page 69]
42.17A.405
Title 42 RCW: Public Officers and Agencies
expenditures in support of the recall of a person holding the
office;
(h) Caucus political committees;
(i) Bona fide political parties.
(2) No person, other than a bona fide political party or a
caucus political committee, may make contributions to a candidate for a legislative office, county office, city council
office, or mayoral office that in the aggregate exceed eight
hundred dollars or to a candidate for a public office in a special purpose district or a state office other than a legislative
office that in the aggregate exceed one thousand six hundred
dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions to candidates subject to the limits in this section made with respect
to a primary may not be made after the date of the primary.
However, contributions to a candidate or a candidate’s authorized committee may be made with respect to a primary until
thirty days after the primary, subject to the following limitations: (a) The candidate lost the primary; (b) the candidate’s
authorized committee has insufficient funds to pay debts outstanding as of the date of the primary; and (c) the contributions may only be raised and spent to satisfy the outstanding
debt. Contributions to candidates subject to the limits in this
section made with respect to a general election may not be
made after the final day of the applicable election cycle.
(3) No person, other than a bona fide political party or a
caucus political committee, may make contributions to a state
official, a county official, a city official, or a public official in
a special purpose district against whom recall charges have
been filed, or to a political committee having the expectation
of making expenditures in support of the recall of the state
official, county official, city official, or public official in a
special purpose district during a recall campaign that in the
aggregate exceed eight hundred dollars if for a legislative
office, county office, or city office, or one thousand six hundred dollars if for a special purpose district office or a state
office other than a legislative office.
(4)(a) Notwithstanding subsection (2) of this section, no
bona fide political party or caucus political committee may
make contributions to a candidate during an election cycle
that in the aggregate exceed (i) eighty cents multiplied by the
number of eligible registered voters in the jurisdiction from
which the candidate is elected if the contributor is a caucus
political committee or the governing body of a state organization, or (ii) forty cents multiplied by the number of registered
voters in the jurisdiction from which the candidate is elected
if the contributor is a county central committee or a legislative district committee.
(b) No candidate may accept contributions from a county
central committee or a legislative district committee during
an election cycle that when combined with contributions
from other county central committees or legislative district
committees would in the aggregate exceed forty cents times
the number of registered voters in the jurisdiction from which
the candidate is elected.
(5)(a) Notwithstanding subsection (3) of this section, no
bona fide political party or caucus political committee may
make contributions to a state official, county official, city
official, or a public official in a special purpose district
against whom recall charges have been filed, or to a political
committee having the expectation of making expenditures in
[Title 42 RCW—page 70]
support of the state official, county official, city official, or a
public official in a special purpose district during a recall
campaign that in the aggregate exceed (i) eighty cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is
a caucus political committee or the governing body of a state
organization, or (ii) forty cents multiplied by the number of
registered voters in the jurisdiction from which the candidate
is elected if the contributor is a county central committee or a
legislative district committee.
(b) No official holding an office specified in subsection
(1) of this section against whom recall charges have been
filed, no authorized committee of the official, and no political
committee having the expectation of making expenditures in
support of the recall of the official may accept contributions
from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative
district committees would in the aggregate exceed forty cents
multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.
(6) For purposes of determining contribution limits
under subsections (4) and (5) of this section, the number of
eligible registered voters in a jurisdiction is the number at the
time of the most recent general election in the jurisdiction.
(7) Notwithstanding subsections (2) through (5) of this
section, no person other than an individual, bona fide political party, or caucus political committee may make contributions reportable under this chapter to a caucus political committee that in the aggregate exceed eight hundred dollars in a
calendar year or to a bona fide political party that in the
aggregate exceed four thousand dollars in a calendar year.
This subsection does not apply to loans made in the ordinary
course of business.
(8) For the purposes of RCW 42.17A.125, 42.17A.405
through 42.17A.415, 42.17A.450 through 42.17A.495,
42.17A.500, 42.17A.560, and 42.17A.565, a contribution to
the authorized political committee of a candidate or of an
official specified in subsection (1) of this section against
whom recall charges have been filed is considered to be a
contribution to the candidate or official.
(9) A contribution received within the twelve-month
period after a recall election concerning an office specified in
subsection (1) of this section is considered to be a contribution during that recall campaign if the contribution is used to
pay a debt or obligation incurred to influence the outcome of
that recall campaign.
(10) The contributions allowed by subsection (3) of this
section are in addition to those allowed by subsection (2) of
this section, and the contributions allowed by subsection (5)
of this section are in addition to those allowed by subsection
(4) of this section.
(11) RCW 42.17A.125, 42.17A.405 through
42.17A.415, 42.17A.450 through 42.17A.495, 42.17A.500,
42.17A.560, and 42.17A.565 apply to a special election conducted to fill a vacancy in an office specified in subsection
(1) of this section. However, the contributions made to a candidate or received by a candidate for a primary or special
election conducted to fill such a vacancy shall not be counted
toward any of the limitations that apply to the candidate or to
(2010 Ed.)
Campaign Disclosure and Contribution
contributions made to the candidate for any other primary or
election.
(12) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in
Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or
more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may
make contributions reportable under this chapter to a state
office candidate, to a state official against whom recall
charges have been filed, or to a political committee having
the expectation of making expenditures in support of the
recall of the official. This subsection does not apply to loans
made in the ordinary course of business.
(13) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter
to a candidate specified in subsection (1) of this section, or an
official specified in subsection (1) of this section against
whom recall charges have been filed, or political committee
having the expectation of making expenditures in support of
the recall of an official specified in subsection (1) of this section if the county central committee or legislative district
committee is outside of the jurisdiction entitled to elect the
candidate or recall the official.
(14) No person may accept contributions that exceed the
contribution limitations provided in this section.
(15) The following contributions are exempt from the
contribution limits of this section:
(a) An expenditure or contribution earmarked for voter
registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or
inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates;
(b) An expenditure by a political committee for its own
internal organization or fund-raising without direct association with individual candidates; or
(c) An expenditure or contribution for independent
expenditures as defined in RCW 42.17A.005 or electioneering communications as defined in RCW 42.17A.005. [2010
c 206 § 1; 2010 c 204 § 602; 2006 c 348 § 1; 2005 c 445 § 11.
Prior: 2001 c 208 § 1; 1995 c 397 § 20; 1993 c 2 § 4 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.640.]
Reviser’s note: This section was amended by 2010 c 204 § 602 and by
2010 c 206 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
42.17A.410 Candidates for judicial office—Special
elections to fill vacancies—Contribution limits—Adjustments. (Effective January 1, 2012.) (1) No person may
make contributions to a candidate for judicial office that in
the aggregate exceed one thousand six hundred dollars for
each election in which the candidate is on the ballot or
appears as a write-in candidate. Contributions made with
respect to a primary may not be made after the date of the primary. However, contributions to a candidate or a candidate’s
authorized committee may be made with respect to a primary
42.17A.410
(2010 Ed.)
42.17A.420
until thirty days after the primary, subject to the following
limitations: (a) The candidate lost the primary; (b) the candidate’s authorized committee has insufficient funds to pay
debts outstanding as of the date of the primary; and (c) the
contributions may only be raised and spent to satisfy the outstanding debt. Contributions made with respect to a general
election may not be made after the final day of the applicable
election cycle.
(2) This section through RCW 42.17A.490 apply to a
special election conducted to fill a vacancy in an office.
However, the contributions made to a candidate or received
by a candidate for a primary or special election conducted to
fill such a vacancy will not be counted toward any of the limitations that apply to the candidate or to contributions made to
the candidate for any other primary or election.
(3) No person may accept contributions that exceed the
contribution limitations provided in this section.
(4) The dollar limits in this section must be adjusted
according to RCW 42.17A.125. [2010 c 204 § 603; 2006 c
348 § 2. Formerly RCW 42.17.645.]
42.17A.415 Contributions. (Effective January 1,
2012.) (1) Contributions to candidates for state office made
and received before December 3, 1992, are considered to be
contributions under *RCW 42.17.640 through 42.17.790.
Monetary contributions that exceed the contribution limitations and that have not been spent by the recipient of the contribution by December 3, 1992, must be disposed of in accordance with **RCW 42.17.095.
(2) Contributions to other candidates subject to the contribution limits of this chapter made and received before June
7, 2006, are considered to be contributions under *RCW
42.17.640 through 42.17.790. Contributions that exceed the
contribution limitations and that have not been spent by the
recipient of the contribution by June 7, 2006, must be disposed of in accordance with **RCW 42.17.095 except for
subsections (6) and (7) of that section. [2006 c 348 § 4; 1993
c 2 § 10 (Initiative Measure No. 134, approved November 3,
1992). Formerly RCW 42.17.700.]
42.17A.415
Reviser’s note: *(1) RCW 42.17.640 through 42.17.790 were recodified as RCW 42.17A.125, 42.17A.405 through 42.17A.415, 42.17A.450
through 42.17A.495, 42.17A.500, 42.17A.560, and 42.17A.565 pursuant to
2010 c 204 § 1102, effective January 1, 2012.
**(2) RCW 42.17.095 was recodified as RCW 42.17A.430 pursuant to
2010 c 204 § 1102, effective January 1, 2012.
42.17A.420 Reportable contributions—Preelection
limitations. (Effective January 1, 2012.) (1) It is a violation
of this chapter for any person to make, or for any candidate or
political committee to accept from any one person, contributions reportable under RCW 42.17A.240 in the aggregate
exceeding fifty thousand dollars for any campaign for statewide office or exceeding five thousand dollars for any other
campaign subject to the provisions of this chapter within
twenty-one days of a general election. This subsection does
not apply to contributions made by, or accepted from, a bona
fide political party as defined in this chapter, excluding the
county central committee or legislative district committee.
(2) Contributions governed by this section include, but
are not limited to, contributions made or received indirectly
through a third party or entity whether the contributions are
42.17A.420
[Title 42 RCW—page 71]
42.17A.425
Title 42 RCW: Public Officers and Agencies
or are not reported to the commission as earmarked contributions under RCW 42.17A.270. [2010 c 204 § 604.]
42.17A.425 Expenditures—Authorization of and
restrictions on. (Effective January 1, 2012.) No expenditures may be made or incurred by any candidate or political
committee unless authorized by the candidate or the person
or persons named on the candidate’s or committee’s registration form. A record of all such expenditures shall be maintained by the treasurer.
No expenditure of more than fifty dollars may be made
in currency unless a receipt, signed by the recipient and by
the candidate or treasurer, is prepared and made a part of the
campaign’s or political committee’s financial records. [2010
c 204 § 605; 2007 c 358 § 3; 1989 c 280 § 7; 1985 c 367 § 5;
1973 c 1 § 7 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.070.]
42.17A.425
required under this subsection shall not be used for deposits
of campaign funds that are not surplus.
(8) No candidate or authorized committee may transfer
funds to any other candidate or other political committee.
The disposal of surplus funds under this section shall not
be considered a contribution for purposes of this chapter.
[2010 c 204 § 606; 2005 c 467 § 1; 1995 c 397 § 31; 1993 c 2
§ 20 (Initiative Measure No. 134, approved November 3,
1992); 1982 c 147 § 8; 1977 ex.s. c 336 § 3. Formerly RCW
42.17.095.]
*Reviser’s note: RCW 42.17.080(6) was recodified as RCW
42.17.235(6) pursuant to 2010 c 204 § 1102. However, RCW 42.17.080 was
also amended by 2010 c 205 § 6, changing subsection (6) to subsection (5).
Effective date—2005 c 467: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 2005]." [2005 c 467 § 2.]
Additional notes found at www.leg.wa.gov
Effective date—2007 c 358: See note following RCW 42.17A.005.
42.17A.435 Identification of contributions and communications. (Effective January 1, 2012.) No contribution
shall be made and no expenditure shall be incurred, directly
or indirectly, in a fictitious name, anonymously, or by one
person through an agent, relative, or other person in such a
manner as to conceal the identity of the source of the contribution or in any other manner so as to effect concealment.
[1975 1st ex.s. c 294 § 8; 1973 c 1 § 12 (Initiative Measure
No. 276, approved November 7, 1972). Formerly RCW
42.17.120.]
42.17A.435
Additional notes found at www.leg.wa.gov
42.17A.430 Disposal of surplus funds. (Effective January 1, 2012.) The surplus funds of a candidate or a candidate’s authorized committee may only be disposed of in any
one or more of the following ways:
(1) Return the surplus to a contributor in an amount not
to exceed that contributor’s original contribution;
(2) Using surplus, reimburse the candidate for lost earnings incurred as a result of that candidate’s election campaign. Lost earnings shall be verifiable as unpaid salary or,
when the candidate is not salaried, as an amount not to exceed
income received by the candidate for services rendered during an appropriate, corresponding time period. All lost earnings incurred shall be documented and a record thereof shall
be maintained by the candidate or the candidate’s authorized
committee. The committee shall maintain a copy of this
record in accordance with *RCW 42.17A.235(6);
(3) Transfer the surplus without limit to a political party
or to a caucus political committee;
(4) Donate the surplus to a charitable organization registered in accordance with chapter 19.09 RCW;
(5) Transmit the surplus to the state treasurer for deposit
in the general fund, the Washington state legacy project, state
library, and archives account under RCW 43.07.380, or the
legislative international trade account under RCW 43.15.050,
as specified by the candidate or political committee; or
(6) Hold the surplus in the depository or depositories
designated in accordance with RCW 42.17A.215 for possible
use in a future election campaign for the same office last
sought by the candidate and report any such disposition in
accordance with RCW 42.17A.240. If the candidate subsequently announces or publicly files for office, the appropriate
information must be reported to the commission in accordance with RCW 42.17A.205 through 42.17A.240. If a subsequent office is not sought the surplus held shall be disposed
of in accordance with the requirements of this section.
(7) Hold the surplus campaign funds in a separate
account for nonreimbursed public office-related expenses or
as provided in this section, and report any such disposition in
accordance with RCW 42.17A.240. The separate account
42.17A.430
[Title 42 RCW—page 72]
42.17A.440 Candidates’ political committees—Limitations. (Effective January 1, 2012.) A candidate may not
knowingly establish, use, direct, or control more than one
political committee for the purpose of supporting that candidate during a particular election campaign. This does not
prohibit: (1) In addition to a candidate’s having his or her
own political committee, the candidate’s participation in a
political committee established to support a slate of candidates that includes the candidate; or (2) joint fund-raising
efforts by candidates when a separate political committee is
established for that purpose and all contributions are disbursed to and accounted for on a pro rata basis by the benefiting candidates. [2010 c 204 § 607.]
42.17A.440
42.17A.445 Personal use of contributions—When
permitted. (Effective January 1, 2012.) Contributions
received and reported in accordance with RCW 42.17A.220
through 42.17A.240 and 42.17A.425 may only be paid to a
candidate, or a treasurer or other individual or expended for
such individual’s personal use under the following circumstances:
(1) Reimbursement for or payments to cover lost earnings incurred as a result of campaigning or services performed for the political committee. Lost earnings shall be
verifiable as unpaid salary, or when the individual is not salaried, as an amount not to exceed income received by the
individual for services rendered during an appropriate, corresponding time period. All lost earnings incurred shall be documented and a record shall be maintained by the candidate or
the candidate’s authorized committee in accordance with
RCW 42.17A.235.
42.17A.445
(2010 Ed.)
Campaign Disclosure and Contribution
(2) Reimbursement for direct out-of-pocket election
campaign and postelection campaign related expenses made
by the individual. To receive reimbursement from the political committee, the individual shall provide the political committee with written documentation as to the amount, date, and
description of each expense, and the political committee shall
include a copy of such information when its expenditure for
such reimbursement is repo rted pursuant to R CW
42.17A.240.
(3) Repayment of loans made by the individual to political committees shall be reported pursuant to RCW
42.17A.240. However, contributions may not be used to
reimburse a candidate for loans totaling more than *four
thousand seven hundred dollars made by the candidate to the
candidate’s own authorized committee. [2010 c 204 § 608;
1995 c 397 § 29; 1993 c 2 § 21 (Initiative Measure No. 134,
approved November 3, 1992); 1989 c 280 § 12; 1985 c 367 §
7; 1977 ex.s. c 336 § 6. Formerly RCW 42.17.125.]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17A.125. For current dollar amounts, see chapter 390-05 of the Washington Administrative Code (WAC).
Additional notes found at www.leg.wa.gov
42.17A.450 Attribution and aggregation of family
contributions. (Effective January 1, 2012.) (1) Contributions by a husband and wife are considered separate contributions.
(2) Contributions by unemancipated children under eighteen years of age are considered contributions by their parents
and are attributed proportionately to each parent. Fifty percent of the contributions are attributed to each parent or, in
the case of a single custodial parent, the total amount is attributed to the parent. [1993 c 2 § 5 (Initiative Measure No. 134,
approved November 3, 1992). Formerly RCW 42.17.650.]
42.17A.450
42.17A.455 Attribution of contributions by controlled entities. (Effective January 1, 2012.) For purposes
of this chapter:
(1) A contribution by a political committee with funds
that have all been contributed by one person who exercises
exclusive control over the distribution of the funds of the
political committee is a contribution by the controlling person.
(2) Two or more entities are treated as a single entity if
one of the two or more entities is a subsidiary, branch, or
department of a corporation that is participating in an election
campaign or making contributions, or a local unit or branch
of a trade association, labor union, or collective bargaining
association that is participating in an election campaign or
making contributions. All contributions made by a person or
political committee whose contribution or expenditure activity is financed, maintained, or controlled by a trade association, labor union, collective bargaining organization, or the
local unit of a trade association, labor union, or collective
bargaining organization are considered made by the trade
association, labor union, collective bargaining organization,
or local unit of a trade association, labor union, or collective
bargaining organization.
(3) The commission shall adopt rules to carry out this
section and is not subject to the time restrictions of RCW
42.17A.455
(2010 Ed.)
42.17A.475
42.17A.110(1). [2010 c 204 § 609; 2005 c 445 § 12; 1993 c
2 § 6 (Initiative Measure No. 134, approved November 3,
1992). Formerly RCW 42.17.660.]
42.17A.460 Attribution of contributions generally—
"Earmarking." (Effective January 1, 2012.) All contributions made by a person or entity, either directly or indirectly,
to a candidate, to a state official against whom recall charges
have been filed, or to a political committee, are considered to
be contributions from that person or entity to the candidate,
state official, or political committee, as are contributions that
are in any way earmarked or otherwise directed through an
intermediary or conduit to the candidate, state official, or
political committee. For the purposes of this section, "earmarked" means a designation, instruction, or encumbrance,
whether direct or indirect, expressed or implied, or oral or
written, that is intended to result in or does result in all or any
part of a contribution being made to a certain candidate or
state official. If a conduit or intermediary exercises any direction or control over the choice of the recipient candidate or
state official, the contribution is considered to be by both the
original contributor and the conduit or intermediary. [1993 c
2 § 7 (Initiative Measure No. 134, approved November 3,
1992). Formerly RCW 42.17.670.]
42.17A.460
42.17A.465 Restriction on loans. (Effective January
1, 2012.) (1) A loan is considered to be a contribution from
the lender and any guarantor of the loan and is subject to the
contribution limitations of this chapter. The full amount of
the loan shall be attributed to the lender and to each guarantor.
(2) A loan to a candidate for public office or the candidate’s authorized committee must be by written agreement.
(3) The proceeds of a loan made to a candidate for public
office:
(a) By a commercial lending institution;
(b) Made in the regular course of business; and
(c) On the same terms ordinarily available to members of
the public, are not subject to the contribution limits of this
chapter. [2010 c 204 § 610; 1995 c 397 § 22; 1993 c 2 § 12
(Initiative Measure No. 134, approved November 3, 1992).
Formerly RCW 42.17.720.]
42.17A.465
42.17A.470 Contributions on behalf of another.
(Effective January 1, 2012.) (1) A person, other than an
individual, may not be an intermediary or an agent for a contribution.
(2) An individual may not make a contribution on behalf
of another person or entity, or while acting as the intermediary or agent of another person or entity, without disclosing to
the recipient of the contribution both his or her full name,
street address, occupation, name of employer, if any, or place
of business if self-employed, and the same information for
each contributor for whom the individual serves as intermediary or agent. [1993 c 2 § 13 (Initiative Measure No. 134,
approved November 3, 1992). Formerly RCW 42.17.730.]
42.17A.470
42.17A.475 Certain contributions required to be by
written instrument. (Effective January 1, 2012.) (1) A
person may not make a contribution of more than *eighty
42.17A.475
[Title 42 RCW—page 73]
42.17A.480
Title 42 RCW: Public Officers and Agencies
dollars, other than an in-kind contribution, except by a written instrument containing the name of the donor and the name
of the payee.
(2) A political committee may not make a contribution,
other than in-kind, except by a written instrument containing
the name of the donor and the name of the payee. [2010 c 204
§ 611; 1995 c 397 § 23; 1993 c 2 § 14 (Initiative Measure No.
134, approved November 3, 1992). Formerly RCW
42.17.740.]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17A.125. For current dollar amounts, see chapter 390-05 of the Washington Administrative Code (WAC).
42.17A.480 Solicitation of endorsement fees. (Effective January 1, 2012.) A person may not solicit from a candidate for public office, political committee, political party,
or other person money or other property as a condition or
consideration for an endorsement, article, or other communication in the news media promoting or opposing a candidate
for public office, political committee, or political party.
[1995 c 397 § 25; 1993 c 2 § 17 (Initiative Measure No. 134,
approved November 3, 1992). Formerly RCW 42.17.770.]
42.17A.480
42.17A.485 Reimbursement for contributions.
(Effective January 1, 2012.) A person may not, directly or
indirectly, reimburse another person for a contribution to a
candidate for public office, political committee, or political
party. [1995 c 397 § 26; 1993 c 2 § 18 (Initiative Measure
No. 134, approved November 3, 1992). Formerly RCW
42.17.780.]
42.17A.485
42.17A.490 Prohibition on use of contributions for a
different office. (Effective January 1, 2012.) (1) Except as
provided in subsection (2) of this section, a candidate for
public office or the candidate’s authorized committee may
not use or permit the use of contributions, whether or not surplus, solicited for or received by the candidate or the candidate’s authorized committee to further the candidacy of the
individual for an office other than the office designated on the
statement of organization. A contribution solicited for or
received on behalf of the candidate is considered solicited or
received for the candidacy for which the individual is then a
candidate if the contribution is solicited or received before
the general election for which the candidate is a nominee or is
unopposed.
(2) With the written approval of the contributor, a candidate or the candidate’s authorized committee may use or permit the use of contributions, whether or not surplus, solicited
for or received by the candidate or the candidate’s authorized
committee from that contributor to further the candidacy of
the individual for an office other than the office designated on
the statement of organization. If the contributor does not
approve the use of his or her contribution to further the candidacy of the individual for an office other than the office
designated on the statement of organization at the time of the
contribution, the contribution must be considered surplus
funds and disposed of in accordance with RCW 42.17A.430.
[2010 c 204 § 612; 1995 c 397 § 27; 1993 c 2 § 19 (Initiative
Measure No. 134, approved November 3, 1992). Formerly
RCW 42.17.790.]
42.17A.490
[Title 42 RCW—page 74]
42.17A.495 Limitations on employers or labor organizations. (Effective January 1, 2012.) (1) No employer or
labor organization may increase the salary of an officer or
employee, or compensate an officer, employee, or other person or entity, with the intention that the increase in salary, or
the compensation, or a part of it, be contributed or spent to
support or oppose a candidate, state official against whom
recall charges have been filed, political party, or political
committee.
(2) No employer or labor organization may discriminate
against an officer or employee in the terms or conditions of
employment for (a) the failure to contribute to, (b) the failure
in any way to support or oppose, or (c) in any way supporting
or opposing a candidate, ballot proposition, political party, or
political committee. At least annually, an employee from
whom wages or salary are withheld under subsection (3) of
this section shall be notified of the provisions of this subsection.
(3) No employer or other person or entity responsible for
the disbursement of funds in payment of wages or salaries
may withhold or divert a portion of an employee’s wages or
salaries for contributions to political committees or for use as
political contributions except upon the written request of the
employee. The request must be made on a form prescribed
by the commission informing the employee of the prohibition
against employer and labor organization discrimination
described in subsection (2) of this section. The employee
may revoke the request at any time. At least annually, the
employee shall be notified about the right to revoke the
request.
(4) Each person or entity who withholds contributions
under subsection (3) of this section shall maintain open for
public inspection for a period of no less than three years, during normal business hours, documents and books of accounts
that shall include a copy of each employee’s request, the
amounts and dates funds were actually withheld, and the
amounts and dates funds were transferred to a political committee. Copies of such information shall be delivered to the
commission upon request. [2010 c 204 § 613; 2002 c 156 §
1; 1993 c 2 § 8 (Initiative Measure No. 134, approved
November 3, 1992). Formerly RCW 42.17.680.]
42.17A.495
Effective date—2002 c 156: "This act takes effect July 1, 2002." [2002
c 156 § 2.]
42.17A.500 Agency shop fees as contributions.
(Effective January 1, 2012.) (1) A labor organization may
not use agency shop fees paid by an individual who is not a
member of the organization to make contributions or expenditures to influence an election or to operate a political committee, unless affirmatively authorized by the individual.
(2) A labor organization does not use agency shop fees
when it uses its general treasury funds to make such contributions or expenditures if it has sufficient revenues from
sources other than agency shop fees in its general treasury to
fund such contributions or expenditures. [2007 c 438 § 1;
1993 c 2 § 16 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.760.]
42.17A.500
Effective date—2007 c 438: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 11, 2007]." [2007 c 438 § 2.]
(2010 Ed.)
Campaign Disclosure and Contribution
42.17A.550 Use of public funds for political purposes. (Effective January 1, 2012.) Public funds, whether
derived through taxes, fees, penalties, or any other sources,
shall not be used to finance political campaigns for state or
school district office. A county, city, town, or district that
establishes a program to publicly finance local political campaigns may only use funds derived from local sources to fund
the program. A local government must submit any proposal
for public financing of local political campaigns to voters for
their adoption and approval or rejection. [2008 c 29 § 1; 1993
c 2 § 24 (Initiative Measure No. 134, approved November 3,
1992). Formerly RCW 42.17.128.]
42.17A.550
PUBLIC OFFICIALS’, EMPLOYEES’, AND AGENCIES’
CAMPAIGN RESTRICTIONS AND
PROHIBITIONS--REPORTING
42.17A.555 Use of public office or agency facilities in
campaigns—Prohibition—Exceptions. (Effective January 1, 2012.) No elective official nor any employee of his or
her office nor any person appointed to or employed by any
public office or agency may use or authorize the use of any of
the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of
any person to any office or for the promotion of or opposition
to any ballot proposition. Facilities of a public office or
agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office
or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons
served by the office or agency. However, this does not apply
to the following activities:
(1) Action taken at an open public meeting by members
of an elected legislative body or by an elected board, council,
or commission of a special purpose district including, but not
limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts,
school districts, sewer districts, and water districts, to express
a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose
a ballot proposition so long as (a) any required notice of the
meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the
board, council, or commission of the special purpose district,
or members of the public are afforded an approximately equal
opportunity for the expression of an opposing view;
(2) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in response to a specific inquiry;
(3) Activities which are part of the normal and regular
conduct of the office or agency.
(4) This section does not apply to any person who is a
state officer or state employee as defined in RCW 42.52.010.
[2010 c 204 § 701; 2006 c 215 § 2; 1979 ex.s. c 265 § 2;
1975-’76 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW
42.17.130.]
42.17A.555
Finding—Intent—2006 c 215: "(1) The legislature finds that the public benefits from an open and inclusive discussion of proposed ballot measures by local elected leaders, and that for twenty-five years these discussions have included the opportunity for elected boards, councils, and commissions of special purpose districts to vote in open public meetings in order
(2010 Ed.)
42.17A.570
to express their support of, or opposition to, ballot propositions affecting
their jurisdictions.
(2) The legislature intends to affirm and clarify the state’s long-standing policy of promoting informed public discussion and understanding of
ballot propositions by allowing elected boards, councils, and commissions of
special purpose districts to adopt resolutions supporting or opposing ballot
propositions." [2006 c 215 § 1.]
Disposition of violations before January 1, 1995: "Any violations
occurring prior to January 1, 1995, of any of the following laws shall be disposed of as if chapter 154, Laws of 1994 were not enacted and such laws
continued in full force and effect: *RCW 42.17.130, chapter 42.18 RCW,
chapter 42.21 RCW, and chapter 42.22 RCW." [1994 c 154 § 226.]
*Reviser’s note: RCW 42.17.130 was recodified as RCW 42.17A.555
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
42.17A.560 Time limit for state official to solicit or
accept contributions. (Effective January 1, 2012.) (1) During the period beginning on the thirtieth day before the date a
regular legislative session convenes and continuing through
the date of final adjournment, and during the period beginning on the date a special legislative session convenes and
continuing through the date that session adjourns, no state
official or a person employed by or acting on behalf of a state
official or state legislator may solicit or accept contributions
to a public office fund, to a candidate or authorized committee, or to retire a campaign debt. Contributions received
through the mail after the thirtieth day before a regular legislative session may be accepted if the contribution is postmarked prior to the thirtieth day before the session.
(2) This section does not apply to activities authorized in
RCW 43.07.370. [2006 c 348 § 5; 2006 c 344 § 31; 2003 c
164 § 3; 1993 c 2 § 11 (Initiative Measure No. 134, approved
November 3, 1992). Formerly RCW 42.17.710.]
42.17A.560
Reviser’s note: This section was amended by 2006 c 344 § 31 and by
2006 c 348 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
42.17A.565 Solicitation of contributions by public
officials or employees. (Effective January 1, 2012.) (1) No
state or local official or state or local official’s agent may
knowingly solicit, directly or indirectly, a contribution to a
candidate for public office, political party, or political committee from an employee in the state or local official’s
agency.
(2) No state or local official or public employee may provide an advantage or disadvantage to an employee or applicant for employment in the classified civil service concerning
the applicant’s or employee’s:
(a) Employment;
(b) Conditions of employment; or
(c) Application for employment,
based on the employee’s or applicant’s contribution or promise to contribute or failure to make a contribution or contribute to a political party or political committee. [1995 c 397 §
24; 1993 c 2 § 15 (Initiative Measure No. 134, approved
November 3, 1992). Formerly RCW 42.17.750.]
42.17A.565
42.17A.570 Public accounts of governmental entities
held by financial institutions—Statements and reports—
Contents—Filing. (Effective January 1, 2012.) After Jan42.17A.570
[Title 42 RCW—page 75]
42.17A.575
Title 42 RCW: Public Officers and Agencies
uary 1st and before April 15th of each calendar year, the state
treasurer, each county, public utility district, and port district
treasurer, and each treasurer of an incorporated city or town
whose population exceeds one thousand shall file with the
commission:
(1) A statement under oath that no public funds under
that treasurer’s control were invested in any institution where
the treasurer or, in the case of a county, a member of the
county finance committee, held during the reporting period
an office, directorship, partnership interest, or ownership
interest; or
(2) A report disclosing for the previous calendar year:
(a) The name and address of each financial institution in
which the treasurer or, in the case of a county, a member of
the county finance committee, held during the reporting
period an office, directorship, partnership interest, or ownership interest which holds or has held during the reporting
period public accounts of the governmental entity for which
the treasurer is responsible; (b) the aggregate sum of time and
demand deposits held in each such financial institution on
December 31; and (c) the highest balance held at any time
during such reporting period. The state treasurer shall disclose the highest balance information only upon a public
records request under chapter 42.56 RCW. The statement or
report required by this section shall be filed either with the
statement required under RCW 42.17A.700 or separately.
[2010 c 204 § 702; 2005 c 274 § 282; 1983 c 213 § 1; 1981 c
102 § 1; 1975-’76 2nd ex.s. c 112 § 10. Formerly RCW
42.17.245.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
42.17A.575 Public service announcements. No stateelected official or municipal officer may speak or appear in a
public service announcement that is broadcast, shown, or distributed in any form whatsoever during the period beginning
January 1st and continuing through the general election if
that official or officer is a candidate. If the official or officer
does not control the broadcast, showing, or distribution of a
public service announcement in which he or she speaks or
appears, then the official or officer shall contractually limit
the use of the public service announcement to be consistent
with this section prior to participating in the public service
announcement. This section does not apply to public service
announcements that are part of the regular duties of the office
that only mention or visually display the office or office seal
or logo and do not mention or visually display the name of the
official or officer in the announcement. [2010 c 204 § 703.]
42.17A.575
LOBBYING DISCLOSURE AND RESTRICTIONS
42.17A.600 Registration of lobbyists. (Effective January 1, 2012.) (1) Before lobbying, or within thirty days after
being employed as a lobbyist, whichever occurs first, a lobbyist shall register by filing with the commission a lobbyist
registration statement, in such detail as the commission shall
prescribe, that includes the following information:
(a) The lobbyist’s name, permanent business address,
and any temporary residential and business addresses in
Thurston county during the legislative session;
42.17A.600
[Title 42 RCW—page 76]
(b) The name, address and occupation or business of the
lobbyist’s employer;
(c) The duration of the lobbyist’s employment;
(d) The compensation to be received for lobbying, the
amount to be paid for expenses, and what expenses are to be
reimbursed;
(e) Whether the lobbyist is employed solely as a lobbyist
or whether the lobbyist is a regular employee performing services for his or her employer which include but are not limited to the influencing of legislation;
(f) The general subject or subjects to be lobbied;
(g) A written authorization from each of the lobbyist’s
employers confirming such employment;
(h) The name and address of the person who will have
custody of the accounts, bills, receipts, books, papers, and
documents required to be kept under this chapter;
(i) If the lobbyist’s employer is an entity (including, but
not limited to, business and trade associations) whose members include, or which as a representative entity undertakes
lobbying activities for, businesses, groups, associations, or
organizations, the name and address of each member of such
entity or person represented by such entity whose fees, dues,
payments, or other consideration paid to such entity during
either of the prior two years have exceeded five hundred dollars or who is obligated to or has agreed to pay fees, dues,
payments, or other consideration exceeding five hundred dollars to such entity during the current year.
(2) Any lobbyist who receives or is to receive compensation from more than one person for lobbying shall file a separate notice of representation for each person. However, if
two or more persons are jointly paying or contributing to the
payment of the lobbyist, the lobbyist may file a single statement detailing the name, business address, and occupation of
each person paying or contributing and the respective
amounts to be paid or contributed.
(3) Whenever a change, modification, or termination of
the lobbyist’s employment occurs, the lobbyist shall file with
the commission an amended registration statement within
one week of the change, modification, or termination.
(4) Each registered lobbyist shall file a new registration
statement, revised as appropriate, on the second Monday in
January of each odd-numbered year. Failure to do so terminates the lobbyist’s registration. [2010 c 204 § 801; 1987 c
201 § 1; 1982 c 147 § 10; 1973 c 1 § 15 (Initiative Measure
No. 276, approved November 7, 1972). Formerly RCW
42.17.150.]
42.17A.605 Photograph and information—Booklet—Publication. (Effective January 1, 2012.) Each lobbyist shall at the time he or she registers submit to the commission a recent photograph of himself or herself of a size and
format as determined by rule of the commission, together
with the name of the lobbyist’s employer, the length of his or
her employment as a lobbyist before the legislature, a brief
biographical description, and any other information he or she
may wish to submit not to exceed fifty words in length. The
photograph and information shall be published by the commission at least biennially in a booklet form for distribution
to legislators and the public. [2010 c 204 § 802; 1995 c 397
§ 6; 1985 c 367 § 8; 1982 c 147 § 11; 1975 1st ex.s. c 294 §
21. Formerly RCW 42.17.155.]
42.17A.605
(2010 Ed.)
Campaign Disclosure and Contribution
42.17A.610 Exemption from registration. (Effective
January 1, 2012.) The following persons and activities are
exempt from registration and reporting under RCW
42.17A.600, 42.17A.615, and 42.17A.640:
(1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or
public hearings of state agencies;
(2) Activities by lobbyists or other persons whose participation has been solicited by an agency under RCW
34.05.310(2);
(3) News or feature reporting activities and editorial
comment by working members of the press, radio, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio
station, or television station;
(4) Persons who lobby without compensation or other
consideration for acting as a lobbyist, if the person makes no
expenditure for or on behalf of any member of the legislature
or elected official or public officer or employee of the state of
Washington in connection with such lobbying. The exemption contained in this subsection is intended to permit and
encourage citizens of this state to lobby any legislator, public
official, or state agency without incurring any registration or
reporting obligation provided they do not exceed the limits
stated above. Any person exempt under this subsection (4)
may at his or her option register and report under this chapter;
(5) Persons who restrict their lobbying activities to no
more than four days or parts of four days during any threemonth period and whose total expenditures during such
three-month period for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington in connection
with such lobbying do not exceed twenty-five dollars. The
commission shall adopt rules to require disclosure by persons
exempt under this subsection or their employers or entities
which sponsor or coordinate the lobbying activities of such
persons if it determines that such regulations are necessary to
prevent frustration of the purposes of this chapter. Any person exempt under this subsection (5) may at his or her option
register and report under this chapter;
(6) The governor;
(7) The lieutenant governor;
(8) Except as provided by RCW 42.17A.635(1), members of the legislature;
(9) Except as provided by RCW 42.17A.635(1), persons
employed by the legislature for the purpose of aiding in the
preparation or enactment of legislation or the performance of
legislative duties;
(10) Elected officials, and officers and employees of any
agency reporting under RCW 42.17A.635(5). [2010 c 204 §
803; 1998 c 55 § 3; 1995 c 397 § 32; 1982 c 147 § 12; 1977
ex.s. c 313 § 4; 1975 1st ex.s. c 294 § 9; 1973 c 1 § 16 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.160.]
42.17A.610
Additional notes found at www.leg.wa.gov
42.17A.615 Reporting by lobbyists—Rules. (Effective January 1, 2012.) (1) Any lobbyist registered under
RCW 42.17A.600 and any person who lobbies shall file with
the commission monthly reports of his or her lobbying activities. The reports shall be made in the form and manner pre42.17A.615
(2010 Ed.)
42.17A.615
scribed by the commission and must be signed by the lobbyist. The monthly report shall be filed within fifteen days after
the last day of the calendar month covered by the report.
(2) The monthly report shall contain:
(a) The totals of all expenditures for lobbying activities
made or incurred by the lobbyist or on behalf of the lobbyist
by the lobbyist’s employer during the period covered by the
report. Expenditure totals for lobbying activities shall be segregated according to financial category, including compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses or services.
Each individual expenditure of more than twenty-five dollars
for entertainment shall be identified by date, place, amount,
and the names of all persons taking part in the entertainment,
along with the dollar amount attributable to each person,
including the lobbyist’s portion.
(b) In the case of a lobbyist employed by more than one
employer, the proportionate amount of expenditures in each
category incurred on behalf of each of the lobbyist’s employers.
(c) An itemized listing of each contribution of money or
of tangible or intangible personal property, whether contributed by the lobbyist personally or delivered or transmitted by
the lobbyist, to any candidate, elected official, or officer or
employee of any agency, or any political committee supporting or opposing any ballot proposition, or for or on behalf of
any candidate, elected official, or officer or employee of any
agency, or any political committee supporting or opposing
any ballot proposition. All contributions made to, or for the
benefit of, any candidate, elected official, or officer or
employee of any agency, or any political committee supporting or opposing any ballot proposition shall be identified by
date, amount, and the name of the candidate, elected official,
or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be benefited by each such contribution.
(d) The subject matter of proposed legislation or other
legislative activity or rule making under chapter 34.05 RCW,
the state administrative procedure act, and the state agency
considering the same, which the lobbyist has been engaged in
supporting or opposing during the reporting period, unless
exempt under RCW 42.17A.610(2).
(e) A listing of each payment for an item specified in
RCW 42.52.150(5) in excess of fifty dollars and each item
specified in RCW 42.52.010(10) (d) and (f) made to a state
elected official, state officer, or state employee. Each item
shall be identified by recipient, date, and approximate value
of the item.
(f) The total expenditures paid or incurred during the
reporting period by the lobbyist for lobbying purposes,
whether through or on behalf of a lobbyist or otherwise, for
(i) political advertising as defined in RCW 42.17A.005; and
(ii) public relations, telemarketing, polling, or similar activities if the activities, directly or indirectly, are intended,
designed, or calculated to influence legislation or the adoption or rejection of a rule, standard, or rate by an agency
under the administrative procedure act. The report shall
specify the amount, the person to whom the amount was paid,
and a brief description of the activity.
(3) Lobbyists are not required to report the following:
[Title 42 RCW—page 77]
42.17A.620
Title 42 RCW: Public Officers and Agencies
(a) Unreimbursed personal living and travel expenses
not incurred directly for lobbying;
(b) Any expenses incurred for his or her own living
accommodations;
(c) Any expenses incurred for his or her own travel to
and from hearings of the legislature;
(d) Any expenses incurred for telephone, and any office
expenses, including rent and salaries and wages paid for staff
and secretarial assistance.
(4) The commission may adopt rules to vary the content
of lobbyist reports to address specific circumstances, consistent with this section. Lobbyist reports are subject to audit by
the commission. [2010 c 204 § 804; 1995 c 397 § 33; 1991
sp.s. c 18 § 2; 1990 c 139 § 3; 1989 c 175 § 90; 1987 c 423 §
1; 1985 c 367 § 9; 1982 c 147 § 13; 1977 ex.s. c 313 § 5; 1975
1st ex.s. c 294 § 10; 1973 c 1 § 17 (Initiative Measure No.
276, approved November 7, 1972). Formerly RCW
42.17.170.]
Legislative intent—1990 c 139: See note following RCW 42.17A.005.
Additional notes found at www.leg.wa.gov
42.17A.620 Notification to person named in report.
(Effective January 1, 2012.) (1) When a listing or a report of
contributions is made to the commission under RCW
42.17A.615(2)(c), a copy of the listing or report must be
given to the candidate, elected official, professional staff
member of the legislature, or officer or employee of an
agency, or a political committee supporting or opposing a
ballot proposition named in the listing or report.
(2) If a state elected official or a member of the official’s
immediate family is identified by a lobbyist in a lobbyist
report as having received from the lobbyist an item specified
in RCW 42.52.150(5) or 42.52.010(10) (d) or (f), the lobbyist
shall transmit to the official a copy of the completed form
used to identify the item in the report at the same time the
report is filed with the commission. [2010 c 204 § 805; 1993
c 2 § 32 (Initiative Measure No. 134, approved November 3,
1992). Formerly RCW 42.17.172.]
42.17A.620
42.17A.625 Special reports—Lobbyists—Late contributions or large totals. (Effective January 1, 2012.)
Any lobbyist registered under RCW 42.17A.600, any person
who lobbies, and any lobbyist’s employer making a contribution or an aggregate of contributions to a single entity that is
one thousand dollars or more during a special reporting
period, as specified in RCW 42.17A.265, before a primary or
general election shall file one or more special reports in the
same manner and to the same extent that a contributing political committee must file under RCW 42.17A.265. [2010 c
204 § 806; 2001 c 54 § 3; 1991 c 157 § 2; 1985 c 359 § 2.
Formerly RCW 42.17.175.]
42.17A.625
Effective date—2001 c 54: See note following RCW 42.17A.260.
42.17A.630 Reports by employers of registered lobbyists, other persons. (Effective January 1, 2012.) (1)
Every employer of a lobbyist registered under this chapter
during the preceding calendar year and every person other
than an individual that made contributions aggregating to
more than *sixteen thousand dollars or independent expenditures aggregating to more than *eight hundred dollars during
42.17A.630
[Title 42 RCW—page 78]
the preceding calendar year shall file with the commission on
or before the last day of February of each year a statement
disclosing for the preceding calendar year the following
information:
(a) The name of each state elected official and the name
of each candidate for state office who was elected to the
office and any member of the immediate family of those persons to whom the person reporting has paid any compensation in the amount of eight hundred dollars or more during the
preceding calendar year for personal employment or professional services, including professional services rendered by a
corporation, partnership, joint venture, association, union, or
other entity in which the person holds any office, directorship, or any general partnership interest, or an ownership
interest of ten percent or more, the value of the compensation
in accordance with the reporting provisions set out in RCW
42.17A.710(2), and the consideration given or performed in
exchange for the compensation.
(b) The name of each state elected official, successful
candidate for state office, or members of his or her immediate
family to whom the person reporting made expenditures,
directly or indirectly, either through a lobbyist or otherwise,
the amount of the expenditures and the purpose for the expenditures. For the purposes of this subsection, "expenditure"
shall not include any expenditure made by the employer in
the ordinary course of business if the expenditure is not made
for the purpose of influencing, honoring, or benefiting the
elected official, successful candidate, or member of his
immediate family, as an elected official or candidate.
(c) The total expenditures made by the person reporting
for lobbying purposes, whether through or on behalf of a registered lobbyist or otherwise.
(d) All contributions made to a political committee supporting or opposing a candidate for state office, or to a political committee supporting or opposing a statewide ballot
proposition. Such contributions shall be identified by the
name and the address of the recipient and the aggregate
amount contributed to each such recipient.
(e) The name and address of each registered lobbyist
employed by the person reporting and the total expenditures
made by the person reporting for each lobbyist for lobbying
purposes.
(f) The names, offices sought, and party affiliations of
candidates for state offices supported or opposed by independent expenditures of the person reporting and the amount of
each such expenditure.
(g) The identifying proposition number and a brief
description of any statewide ballot proposition supported or
opposed by expenditures not reported under (d) of this subsection and the amount of each such expenditure.
(h) Any other information the commission prescribes by
rule.
(2)(a) Except as provided in (b) of this subsection, an
employer of a lobbyist registered under this chapter shall file
a special report with the commission if the employer makes a
contribution or contributions aggregating more than one hundred dollars in a calendar month to any one of the following:
A candidate, elected official, officer or employee of an
agency, or political committee. The report shall identify the
date and amount of each such contribution and the name of
the candidate, elected official, agency officer or employee, or
(2010 Ed.)
Campaign Disclosure and Contribution
political committee receiving the contribution or to be benefited by the contribution. The report shall be filed on a form
prescribed by the commission and shall be filed within fifteen
days after the last day of the calendar month during which the
contribution was made.
(b) The provisions of (a) of this subsection do not apply
to a contribution that is made through a registered lobbyist
and reportable under RCW 42.17A.425. [2010 c 204 § 807;
1993 c 2 § 27 (Initiative Measure No. 134, approved November 3, 1992); 1990 c 139 § 4; 1987 c 423 § 2; 1984 c 34 § 6;
1975 1st ex.s. c 294 § 11; 1973 c 1 § 18 (Initiative Measure
No. 276, approved November 7, 1972). Formerly RCW
42.17.180.]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17A.110 or 42.17A.125. For current dollar amounts, see Title 390 of the
Washington Administrative Code (WAC).
Legislative intent—1990 c 139: See note following RCW 42.17A.005.
42.17A.635
42.17A.635 Legislative activities of state agencies,
other units of government, elective officials, employees.
(Effective January 1, 2012.) (1) The house of representatives and the senate shall report annually: The total budget;
the portion of the total attributed to staff; and the number of
full-time and part-time staff positions by assignment, with
dollar figures as well as number of positions.
(2) Unless authorized by subsection (3) of this section or
otherwise expressly authorized by law, no public funds may
be used directly or indirectly for lobbying. However, this
does not prevent officers or employees of an agency from
communicating with a member of the legislature on the
request of that member; or communicating to the legislature,
through the proper official channels, requests for legislative
action or appropriations that are deemed necessary for the
efficient conduct of the public business or actually made in
the proper performance of their official duties. This subsection does not apply to the legislative branch.
(3) Any agency, not otherwise expressly authorized by
law, may expend public funds for lobbying, but such lobbying activity shall be limited to (a) providing information or
communicating on matters pertaining to official agency business to any elected official or officer or employee of any
agency or (b) advocating the official position or interests of
the agency to any elected official or officer or employee of
any agency. Public funds may not be expended as a direct or
indirect gift or campaign contribution to any elected official
or officer or employee of any agency. For the purposes of
this subsection, "gift" means a voluntary transfer of any thing
of value without consideration of equal or greater value, but
does not include informational material transferred for the
sole purpose of informing the recipient about matters pertaining to official agency business. This section does not permit
the printing of a state publication that has been otherwise prohibited by law.
(4) No elective official or any employee of his or her
office or any person appointed to or employed by any public
office or agency may use or authorize the use of any of the
facilities of a public office or agency, directly or indirectly, in
any effort to support or oppose an initiative to the legislature.
"Facilities of a public office or agency" has the same meaning
(2010 Ed.)
42.17A.635
as in RCW 42.17A.555 and 42.52.180. The provisions of this
subsection shall not apply to the following activities:
(a) Action taken at an open public meeting by members
of an elected legislative body to express a collective decision,
or to actually vote upon a motion, proposal, resolution, order,
or ordinance, or to support or oppose an initiative to the legislature so long as (i) any required notice of the meeting
includes the title and number of the initiative to the legislature, and (ii) members of the legislative body or members of
the public are afforded an approximately equal opportunity
for the expression of an opposing view;
(b) A statement by an elected official in support of or in
opposition to any initiative to the legislature at an open press
conference or in response to a specific inquiry;
(c) Activities that are part of the normal and regular conduct of the office or agency;
(d) Activities conducted regarding an initiative to the
legislature that would be permitted under RCW 42.17A.555
and 42.52.180 if conducted regarding other ballot measures.
(5) Each state agency, county, city, town, municipal corporation, quasi-municipal corporation, or special purpose
district that expends public funds for lobbying shall file with
the commission, except as exempted by (d) of this subsection, quarterly statements providing the following information for the quarter just completed:
(a) The name of the agency filing the statement;
(b) The name, title, and job description and salary of
each elected official, officer, or employee who lobbied, a
general description of the nature of the lobbying, and the proportionate amount of time spent on the lobbying;
(c) A listing of expenditures incurred by the agency for
lobbying including but not limited to travel, consultant or
other special contractual services, and brochures and other
publications, the principal purpose of which is to influence
legislation;
(d) For purposes of this subsection, "lobbying" does not
include:
(i) Requests for appropriations by a state agency to the
office of financial management pursuant to chapter 43.88
RCW nor requests by the office of financial management to
the legislature for appropriations other than its own agency
budget requests;
(ii) Recommendations or reports to the legislature in
response to a legislative request expressly requesting or
directing a specific study, recommendation, or report by an
agency on a particular subject;
(iii) Official reports including recommendations submitted to the legislature on an annual or biennial basis by a state
agency as required by law;
(iv) Requests, recommendations, or other communication between or within state agencies or between or within
local agencies;
(v) Any other lobbying to the extent that it includes:
(A) Telephone conversations or preparation of written
correspondence;
(B) In-person lobbying on behalf of an agency of no
more than four days or parts thereof during any three-month
period by officers or employees of that agency and in-person
lobbying by any elected official of such agency on behalf of
such agency or in connection with the powers, duties, or compensation of such official. The total expenditures of nonpub[Title 42 RCW—page 79]
42.17A.640
Title 42 RCW: Public Officers and Agencies
lic funds made in connection with such lobbying for or on
behalf of any one or more members of the legislature or state
elected officials or public officers or employees of the state of
Washington may not exceed fifteen dollars for any threemonth period. The exemption under this subsection
(5)(d)(v)(B) is in addition to the exemption provided in
(d)(v)(A) of this subsection;
(C) Preparation or adoption of policy positions.
The statements shall be in the form and the manner prescribed by the commission and shall be filed within one
month after the end of the quarter covered by the report.
(6) In lieu of reporting under subsection (5) of this section, any county, city, town, municipal corporation, quasi
municipal corporation, or special purpose district may determine and so notify the public disclosure commission that
elected officials, officers, or employees who, on behalf of any
such local agency, engage in lobbying reportable under subsection (5) of this section shall register and report such
reportable lobbying in the same manner as a lobbyist who is
required to register and report under RCW 42.17A.600 and
42.17A.615. Each such local agency shall report as a lobbyist employer pursuant to RCW 42.17A.630.
(7) The provisions of this section do not relieve any
elected official or officer or employee of an agency from
complying with other provisions of this chapter, if such
elected official, officer, or employee is not otherwise
exempted.
(8) The purpose of this section is to require each state
agency and certain local agencies to report the identities of
those persons who lobby on behalf of the agency for compensation, together with certain separately identifiable and measurable expenditures of an agency’s funds for that purpose.
This section shall be reasonably construed to accomplish that
purpose and not to require any agency to report any of its general overhead cost or any other costs that relate only indirectly or incidentally to lobbying or that are equally attributable to or inseparable from nonlobbying activities of the
agency.
The public disclosure commission may adopt rules clarifying and implementing this legislative interpretation and
policy. [2010 c 204 § 808; 1995 c 397 § 7; 1986 c 239 § 1;
1979 ex.s. c 265 § 1; 1977 ex.s. c 313 § 6; 1975 1st ex.s. c 294
§ 12; 1973 c 1 § 19 (Initiative Measure No. 276, approved
November 7, 1972). Formerly RCW 42.17.190.]
Additional notes found at www.leg.wa.gov
42.17A.640 Grass roots lobbying campaigns. (Effective January 1, 2012.) (1) Any person who has made expenditures, not reported by a registered lobbyist under RCW
42.17A.615 or by a candidate or political committee under
RCW 42.17A.225 or 42.17A.235, exceeding *one thousand
dollars in the aggregate within any three-month period or
exceeding *five hundred dollars in the aggregate within any
one-month period in presenting a program to the public, a
substantial portion of which is intended, designed, or calculated primarily to influence legislation shall register and
report, as provided in subsection (2) of this section, as a sponsor of a grass roots lobbying campaign.
(2) Within thirty days after becoming a sponsor of a
grass roots lobbying campaign, the sponsor shall register by
42.17A.640
[Title 42 RCW—page 80]
filing with the commission a registration statement, in such
detail as the commission shall prescribe, showing:
(a) The sponsor’s name, address, and business or occupation, and, if the sponsor is not an individual, the names,
addresses, and titles of the controlling persons responsible for
managing the sponsor’s affairs;
(b) The names, addresses, and business or occupation of
all persons organizing and managing the campaign, or hired
to assist the campaign, including any public relations or
advertising firms participating in the campaign, and the terms
of compensation for all such persons;
(c) The names and addresses of each person contributing
twenty-five dollars or more to the campaign, and the aggregate amount contributed;
(d) The purpose of the campaign, including the specific
legislation, rules, rates, standards, or proposals that are the
subject matter of the campaign;
(e) The totals of all expenditures made or incurred to
date on behalf of the campaign segregated according to financial category, including but not limited to the following:
Advertising, segregated by media, and in the case of large
expenditures (as provided by rule of the commission), by outlet; contributions; entertainment, including food and refreshments; office expenses including rent and the salaries and
wages paid for staff and secretarial assistance, or the proportionate amount paid or incurred for lobbying campaign activities; consultants; and printing and mailing expenses.
(3) Every sponsor who has registered under this section
shall file monthly reports with the commission by the tenth
day of the month for the activity during the preceding month.
The reports shall update the information contained in the
sponsor’s registration statement and in prior reports and shall
show contributions received and totals of expenditures made
during the month, in the same manner as provided for in the
registration statement.
(4) When the campaign has been terminated, the sponsor
shall file a notice of termination with the final monthly
report. The final report shall state the totals of all contributions and expenditures made on behalf of the campaign, in
the same manner as provided for in the registration statement.
[2010 c 204 § 809; 1990 c 139 § 5; 1985 c 367 § 10; 1973 c 1
§ 20 (Initiative Measure No. 276, approved November 7,
1972). Formerly RCW 42.17.200.]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17A.110. For current dollar amounts, see chapter 390-20 of the Washington Administrative Code (WAC).
Legislative intent—1990 c 139: See note following RCW 42.17A.005.
42.17A.645 Employment of legislators, board or
commission members, or state employees—Statement,
contents. (Effective January 1, 2012.) If any person registered or required to be registered as a lobbyist, or any
employer of any person registered or required to be registered
as a lobbyist, employs a member or an employee of the legislature, a member of a state board or commission, or a fulltime state employee, and that new employee remains in the
partial employ of the state, the new employer must file within
fifteen days after employment a statement with the commission, signed under oath, setting out the nature of the employment, the name of the person employed, and the amount of
42.17A.645
(2010 Ed.)
Campaign Disclosure and Contribution
pay or consideration. [2010 c 204 § 810; 1973 c 1 § 21 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.210.]
42.17A.705
PERSONAL FINANCIAL AFFAIRS REPORTING BY
CANDIDATES AND PUBLIC OFFICIALS
42.17A.700 Elected and appointed officials, candidates, and appointees—Reports of financial affairs and
gifts. (Effective January 1, 2012.) (1) After January 1st and
before April 15th of each year, every elected official and
every executive state officer shall file with the commission a
statement of financial affairs for the preceding calendar year.
However, any local elected official whose term of office ends
on December 31st shall file the statement required to be filed
by this section for the final year of his or her term.
(2) Within two weeks of becoming a candidate, every
candidate shall file with the commission a statement of financial affairs for the preceding twelve months.
(3) Within two weeks of appointment, every person
appointed to a vacancy in an elective office or executive state
officer position shall file with the commission a statement of
financial affairs for the preceding twelve months.
(4) A statement of a candidate or appointee filed during
the period from January 1st to April 15th shall cover the
period from January 1st of the preceding calendar year to the
time of candidacy or appointment if the filing of the statement would relieve the individual of a prior obligation to file
a statement covering the entire preceding calendar year.
(5) No individual may be required to file more than once
in any calendar year.
(6) Each statement of financial affairs filed under this
section shall be sworn as to its truth and accuracy.
(7) Every elected official and every executive state
officer shall file with their statement of financial affairs a
statement certifying that they have read and are familiar with
RCW 42.17A.555 or 42.52.180, whichever is applicable.
(8) For the purposes of this section, the term "executive
state officer" includes those listed in RCW 42.17A.705.
(9) This section does not apply to incumbents or candidates for a federal office or the office of precinct committee
officer. [2010 c 204 § 901; 1995 c 397 § 8; 1993 c 2 § 31 (Initiative Measure No. 134, approved November 3, 1992); 1989
c 158 § 1; 1987 c 295 § 19. Prior: 1984 c 125 § 14; 1984 c
34 § 1; 1983 c 161 § 27; 1982 c 10 § 9; prior: 1981 c 311 §
20; 1981 c 67 § 15; 1979 ex.s. c 265 § 3; 1979 c 151 § 73;
prior: 1975-’76 2nd ex.s. c 112 § 7; 1975-’76 2nd ex.s. c 104
§ 1 (Ref. Bill No. 36); 1975 1st ex.s. c 294 § 13; 1973 c 1 §
24 (Initiative Measure No. 276, approved November 7,
1972). Formerly RCW 42.17.240.]
42.17A.700
42.17A.650
42.17A.650 Employment of unregistered persons.
(Effective January 1, 2012.) It is a violation of this chapter
for any person to employ for pay or any consideration, or pay
or agree to pay any consideration to, a person to lobby who is
not registered under this chapter except upon the condition
that such a person must register as a lobbyist as provided by
this chapter. [2010 c 204 § 811; 1973 c 1 § 22 (Initiative
Measure No. 276, approved November 7, 1972). Formerly
RCW 42.17.220.]
42.17A.655
42.17A.655 Lobbyists’ duties, restrictions—Penalties
for violations. (Effective January 1, 2012.) (1) A person
required to register as a lobbyist under RCW 42.17A.600
shall substantiate financial reports required to be made under
this chapter with accounts, bills, receipts, books, papers, and
other necessary documents. All such documents must be
obtained and preserved for a period of at least five years from
the date of filing the statement containing such items and
shall be made available for inspection by the commission at
any time. If the terms of the lobbyist’s employment contract
require that these records be turned over to his or her
employer, responsibility for the preservation and inspection
of these records under this subsection shall be with such
employer.
(2) A person required to register as a lobbyist under
RCW 42.17A.600 shall not:
(a) Engage in any lobbying activity before registering as
a lobbyist;
(b) Knowingly deceive or attempt to deceive a legislator
regarding the facts pertaining to any pending or proposed legislation;
(c) Cause or influence the introduction of a bill or
amendment to that bill for the purpose of later being
employed to secure its defeat;
(d) Knowingly represent an interest adverse to his or her
employer without full disclosure of the adverse interest to the
employer and obtaining the employer’s written consent;
(e) Exercise any undue influence, extortion, or unlawful
retaliation upon any legislator due to the legislator’s position
or vote on any pending or proposed legislation;
(f) Enter into any agreement, arrangement, or understanding in which any portion of his or her compensation is or
will be contingent upon his or her success in influencing legislation.
(3) A violation by a lobbyist of this section shall be cause
for revocation of his or her registration, and may subject the
lobbyist and the lobbyist’s employer, if the employer aids,
abets, ratifies, or confirms the violation, to other civil liabilities as provided by this chapter. [2010 c 204 § 812; 1987 c
201 § 2; 1982 c 147 § 14; 1973 c 1 § 23 (Initiative Measure
No. 276, approved November 7, 1972). Formerly RCW
42.17.230.]
(2010 Ed.)
Cemetery district commissioners exempt from chapter: RCW 68.52.140,
68.52.220.
Additional notes found at www.leg.wa.gov
42.17A.705 "Executive state officer" defined. (Effective January 1, 2012.) For th e purposes of RCW
42.17A.700, "executive state officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the director of the department of services for the
blind, the director of the state system of community and technical colleges, the director of commerce, the secretary of corrections, the director of early learning, the director of ecology, the commissioner of employment security, the chair of
the energy facility site evaluation council, the secretary of the
state finance committee, the director of financial manage42.17A.705
[Title 42 RCW—page 81]
42.17A.710
Title 42 RCW: Public Officers and Agencies
ment, the director of fish and wildlife, the executive secretary
of the forest practices appeals board, the director of the gambling commission, the director of general administration, the
secretary of health, the administrator of the Washington state
health care authority, the executive secretary of the health
care facilities authority, the executive secretary of the higher
education facilities authority, the executive secretary of the
horse racing commission, the executive secretary of the
human rights commission, the executive secretary of the
indeterminate sentence review board, the director of the
department of information services, the executive director of
the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women’s
business enterprises, the director of parks and recreation, the
director of personnel, the executive director of the public disclosure commission, the executive director of the Puget
Sound partnership, the director of the recreation and conservation office, the director of retirement systems, the director
of revenue, the secretary of social and health services, the
chief of the Washington state patrol, the executive secretary
of the board of tax appeals, the secretary of transportation, the
secretary of the utilities and transportation commission, the
director of veterans affairs, the president of each of the
regional and state universities and the president of The Evergreen State College, and each district and each campus president of each state community college;
(2) Each professional staff member of the office of the
governor;
(3) Each professional staff member of the legislature;
and
(4) Central Washington University board of trustees, the
boards of trustees of each community college and each technical college, each member of the state board for community
and technical colleges, state convention and trade center
board of directors, Eastern Washington University board of
trustees, Washington economic development finance authority, Washington energy northwest executive board, The Evergreen State College board of trustees, executive ethics board,
fish and wildlife commission, forest practices appeals board,
forest practices board, gambling commission, Washington
health care facilities authority, higher education coordinating
board, higher education facilities authority, horse racing
commission, state housing finance commission, human rights
commission, indeterminate sentence review board, board of
industrial insurance appeals, information services board,
state investment board, commission on judicial conduct, legislative ethics board, life sciences discovery fund authority
board of trustees, liquor control board, lottery commission,
Pacific Northwest electric power and conservation planning
council, parks and recreation commission, Washington personnel resources board, board of pilotage commissioners,
pollution control hearings board, public disclosure commission, public employees’ benefits board, recreation and conservation funding board, salmon recovery funding board,
shorelines hearings board, board of tax appeals, transportation commission, University of Washington board of regents,
utilities and transportation commission, Washington State
University board of regents, and Western Washington University board of trustees. [2010 c 204 § 902; 2009 c 565 § 24.
Prior: 2007 c 341 § 48; 2007 c 241 § 2; 2007 c 15 § 1; 2006
[Title 42 RCW—page 82]
c 265 § 113; 2005 c 424 § 17; prior: 2001 c 36 § 1; 2001 c 9
§ 1; 1996 c 186 § 504; prior: 1995 c 399 § 60; 1995 c 397 §
10; prior: 1993 sp.s. c 2 § 18; 1993 c 492 § 488; 1993 c 281
§ 43; 1991 c 200 § 404; 1991 c 3 § 293; prior: 1989 1st ex.s.
c 9 § 812; 1989 c 279 § 22; 1989 c 158 § 2; 1988 c 36 § 13;
1987 c 504 § 14; 1985 c 6 § 8; 1984 c 34 § 2. Formerly RCW
42.17.2401.]
Alphabetization—2010 c 204 § 902: "When RCW 42.17A.705 is codified, the code reviser shall arrange the names of the agencies in each subsection in alphabetical order, arranged according to the first distinctive word of
each agency’s name." [2010 c 204 § 1101.]
Severability—Effective date—2007 c 341: See RCW 90.71.906 and
90.71.907.
Intent—Effective date—2007 c 241: See notes following RCW
79A.25.005.
Part headings not law—Effective date—Severability—2006 c 265:
See RCW 43.215.904 through 43.215.906.
Captions not law—Liberal construction—Severability—Effective
dates—2005 c 424: See RCW 43.350.900 through 43.350.903.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
42.17A.710 Contents of report. (Effective January 1,
2012.) (1) The statement of financial affairs required by
RCW 42.17A.700 shall disclose the following information
for the reporting individual and each member of his or her
immediate family:
(a) Occupation, name of employer, and business address;
(b) Each bank account, savings account, and insurance
policy in which a direct financial interest was held that
exceeds *twenty thousand dollars at any time during the
reporting period; each other item of intangible personal property in which a direct financial interest was held that exceeds
*two thousand dollars during the reporting period; the name,
address, and nature of the entity; and the nature and highest
value of each direct financial interest during the reporting
period;
(c) The name and address of each creditor to whom the
value of *two thousand dollars or more was owed; the original amount of each debt to each creditor; the amount of each
debt owed to each creditor as of the date of filing; the terms
of repayment of each debt; and the security given, if any, for
each such debt. Debts arising from a "retail installment transaction" as defined in chapter 63.14 RCW (retail installment
sales act) need not be reported;
(d) Every public or private office, directorship, and position held as trustee;
(e) All persons for whom any legislation, rule, rate, or
standard has been prepared, promoted, or opposed for current
or deferred compensation. For the purposes of this subsection, "compensation" does not include payments made to the
person reporting by the governmental entity for which the
person serves as an elected official or state executive officer
or professional staff member for his or her service in office;
the description of such actual or proposed legislation, rules,
rates, or standards; and the amount of current or deferred
compensation paid or promised to be paid;
(f) The name and address of each governmental entity,
corporation, partnership, joint venture, sole proprietorship,
association, union, or other business or commercial entity
42.17A.710
(2010 Ed.)
Campaign Disclosure and Contribution
from whom compensation has been received in any form of a
total value of two thousand dollars or more; the value of the
compensation; and the consideration given or performed in
exchange for the compensation;
(g) The name of any corporation, partnership, joint venture, association, union, or other entity in which is held any
office, directorship, or any general partnership interest, or an
ownership interest of ten percent or more; the name or title of
that office, directorship, or partnership; the nature of ownership interest; and: (i) With respect to a governmental unit in
which the official seeks or holds any office or position, if the
entity has received compensation in any form during the preceding twelve months from the governmental unit, the value
of the compensation and the consideration given or performed in exchange for the compensation; and (ii) the name
of each governmental unit, corporation, partnership, joint
venture, sole proprietorship, association, union, or other business or commercial entity from which the entity has received
compensation in any form in the amount of *ten thousand
dollars or more during the preceding twelve months and the
consideration given or performed in exchange for the compensation. As used in (g)(ii) of this subsection, "compensation" does not include payment for water and other utility services at rates approved by the Washington state utilities and
transportation commission or the legislative authority of the
public entity providing the service. With respect to any bank
or commercial lending institution in which is held any office,
directorship, partnership interest, or ownership interest, it
shall only be necessary to report either the name, address, and
occupation of every director and officer of the bank or commercial lending institution and the average monthly balance
of each account held during the preceding twelve months by
the bank or commercial lending institution from the governmental entity for which the individual is an official or candidate or professional staff member, or all interest paid by a
borrower on loans from and all interest paid to a depositor by
the bank or commercial lending institution if the interest
exceeds *two thousand four hundred dollars;
(h) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*ten thousand dollars in which any direct financial interest
was acquired during the preceding calendar year, and a statement of the amount and nature of the financial interest and of
the consideration given in exchange for that interest;
(i) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*ten thousand dollars in which any direct financial interest
was divested during the preceding calendar year, and a statement of the amount and nature of the consideration received
in exchange for that interest, and the name and address of the
person furnishing the consideration;
(j) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*ten thousand dollars in which a direct financial interest was
held. If a description of the property has been included in a
report previously filed, the property may be listed, for purposes of this subsection (1)(j), by reference to the previously
filed report;
(2010 Ed.)
42.17A.715
(k) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*twenty thousand dollars, in which a corporation, partnership, firm, enterprise, or other entity had a direct financial
interest, in which corporation, partnership, firm, or enterprise
a ten percent or greater ownership interest was held;
(l) A list of each occasion, specifying date, donor, and
amount, at which food and beverage in excess of fifty dollars
was accepted under RCW 42.52.150(5);
(m) A list of each occasion, specifying date, donor, and
amount, at which items specified in RCW 42.52.010(10) (d)
and (f) were accepted; and
(n) Such other information as the commission may deem
necessary in order to properly carry out the purposes and policies of this chapter, as the commission shall prescribe by
rule.
(2) Where an amount is required to be reported under
subsection (1)(a) through (m) of this section, it shall be sufficient to comply with the requirement to report whether the
amount is less than *four thousand dollars, at least *four
thousand dollars but less than *twenty thousand dollars, at
least *twenty thousand dollars but less than *forty thousand
dollars, at least *forty thousand dollars but less than *one
hundred thousand dollars, or *one hundred thousand dollars
or more. An amount of stock may be reported by number of
shares instead of by market value. No provision of this subsection may be interpreted to prevent any person from filing
more information or more detailed information than required.
(3) Items of value given to an official’s or employee’s
spouse, domestic partner, or family member are attributable
to the official or employee, except the item is not attributable
if an independent business, family, or social relationship
exists between the donor and the spouse, domestic partner, or
family member. [2010 c 204 § 903; 2008 c 6 § 202; 1995 c
397 § 9; 1984 c 34 § 3; 1979 ex.s. c 126 § 42. Formerly RCW
42.17.241.]
*Reviser’s note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17A.110. For current dollar amounts, see chapter 390-24 of the Washington Administrative Code (WAC).
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
42.17A.715
42.17A.715 Concealing identity of source of payment
prohibited—Exception. (Effective January 1, 2012.) No
payment shall be made to any person required to report under
RCW 42.17A.700 and no payment shall be accepted by any
such person, directly or indirectly, in a fictitious name, anonymously, or by one person through an agent, relative, or other
person in such a manner as to conceal the identity of the
source of the payment or in any other manner so as to effect
concealment. The commission may issue categorical and
specific exemptions to the reporting of the actual source
when there is an undisclosed principal for recognized legitimate business purposes. [2010 c 204 § 904; 1977 ex.s. c 336
§ 4. Formerly RCW 42.17.242.]
Additional notes found at www.leg.wa.gov
[Title 42 RCW—page 83]
42.17A.750
Title 42 RCW: Public Officers and Agencies
ENFORCEMENT
42.17A.750 Civil remedies and sanctions. (Effective
January 1, 2012.) One or more of the following civil remedies and sanctions may be imposed by court order in addition
to any other remedies provided by law:
(1) If the court finds that the violation of any provision of
this chapter by any candidate or political committee probably
affected the outcome of any election, the result of that election may be held void and a special election held within sixty
days of the finding. Any action to void an election shall be
commenced within one year of the date of the election in
question. It is intended that this remedy be imposed freely in
all appropriate cases to protect the right of the electorate to an
informed and knowledgeable vote.
(2) If any lobbyist or sponsor of any grass roots lobbying
campaign violates any of the provisions of this chapter, his or
her registration may be revoked or suspended and he or she
may be enjoined from receiving compensation or making
expenditures for lobbying. The imposition of a sanction shall
not excuse the lobbyist from filing statements and reports
required by this chapter.
(3) A person who violates any of the provisions of this
chapter may be subject to a civil penalty of not more than ten
thousand dollars for each violation. However, a person or
entity who violates RCW 42.17A.405 may be subject to a
civil penalty of ten thousand dollars or three times the amount
of the contribution illegally made or accepted, whichever is
greater.
(4) A person who fails to file a properly completed statement or report within the time required by this chapter may
be subject to a civil penalty of ten dollars per day for each day
each delinquency continues.
(5) A person who fails to report a contribution or expenditure as required by this chapter may be subject to a civil
penalty equivalent to the amount not reported as required.
(6) The court may enjoin any person to prevent the doing
of any act herein prohibited, or to compel the performance of
any act required herein. [2010 c 204 § 1001; 2006 c 315 § 2;
1993 c 2 § 28 (Initiative Measure No. 134, approved November 3, 1992); 1973 c 1 § 39 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.390.]
42.17A.750
Intent—2006 c 315: "It is the intent of the legislature to increase the
authority of the public disclosure commission to more effectively foster
compliance with our state’s public disclosure and fair campaign practices
act. It is the intent of the legislature to make the agency’s penalty authority
for violations of this chapter more consistent with other agencies that enforce
state ethics laws and more commensurate with the level of political spending
in the state of Washington." [2006 c 315 § 1.]
Severability—2006 c 315: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2006 c 315 § 4.]
42.17A.755 Violations—Determination by commission—Procedure. (Effective January 1, 2012.) (1) The
commission may (a) determine whether an actual violation of
this chapter has occurred; and (b) issue and enforce an appropriate order following such a determination.
(2) The commission, in cases where it chooses to determine whether an actual violation has occurred, shall hold a
hearing pursuant to the administrative procedure act, chapter
42.17A.755
[Title 42 RCW—page 84]
34.05 RCW, to make a determination. Any order that the
commission issues under this section shall be pursuant to
such a hearing.
(3) In lieu of holding a hearing or issuing an order under
this section, the commission may refer the matter to the attorney general or other enforcement agency as provided in RCW
42.17A.105.
(4) The person against whom an order is directed under
this section shall be designated as the respondent. The order
may require the respondent to cease and desist from the activity that constitutes a violation and in addition, or alternatively, may impose one or more of the remedies provided in
RCW 42.17A.750 (2) through (5). No individual penalty
assessed by the commission may exceed one thousand seven
hundred dollars, and in any case where multiple violations
are involved in a single complaint or hearing, the maximum
aggregate penalty may not exceed four thousand two hundred
dollars.
(5) An order issued by the commission under this section
shall be subject to judicial review under the administrative
procedure act, chapter 34.05 RCW. If the commission’s
order is not satisfied and no petition for review is filed within
thirty days, the commission may petition a court of competent jurisdiction of any county in which a petition for review
could be filed under that section, for an order of enforcement.
Proceedings in connection with the commission’s petition
shall be in accordance with RCW 42.17A.760. [2010 c 204 §
1002; 2006 c 315 § 3; 1989 c 175 § 91; 1985 c 367 § 12; 1982
c 147 § 16; 1975-’76 2nd ex.s. c 112 § 12. Formerly RCW
42.17.395.]
Intent—Severability—2006 c 315: See notes following RCW
42.17A.750.
Additional notes found at www.leg.wa.gov
42.17A.760 Procedure upon petition for enforcement
of order of commission—Court’s order of enforcement.
(Effective January 1, 2012.) The following procedure shall
apply in all cases where the commission has petitioned a
court of competent jurisdiction for enforcement of any order
it has issued pursuant to this chapter:
(1) A copy of the petition shall be served by certified
mail directed to the respondent at his or her last known
address. The court shall issue an order directing the respondent to appear at a time designated in the order, not less than
five days from the date thereof, and show cause why the commission’s order should not be enforced according to its terms.
(2) The commission’s order shall be enforced by the
court if the respondent does not appear, or if the respondent
appears and the court finds, pursuant to a hearing held for that
purpose:
(a) That the commission’s order is unsatisfied;
(b) That the order is regular on its face; and
(c) That the respondent’s answer discloses no valid reason why the commission’s order should not be enforced or
that the respondent had an appropriate remedy by review
under RCW 34.05.570(3) and failed to avail himself or herself of that remedy without valid excuse.
(3) Upon appropriate application by the respondent, the
court may, after hearing and for good cause, alter, amend,
revise, suspend, or postpone all or part of the commission’s
order. In any case where the order is not enforced by the
42.17A.760
(2010 Ed.)
Campaign Disclosure and Contribution
court according to its terms, the reasons for the court’s
actions shall be clearly stated in writing, and the action shall
be subject to review by the appellate courts by certiorari or
other appropriate proceeding.
(4) The court’s order of enforcement, when entered, shall
have the same force and effect as a civil judgment.
(5) Notwithstanding RCW 34.05.578 through 34.05.590,
this section is the exclusive method for enforcing an order of
the commission. [2010 c 204 § 1003; 1989 c 175 § 92; 1982
c 147 § 17; 1975-’76 2nd ex.s. c 112 § 13. Formerly RCW
42.17.397.]
Additional notes found at www.leg.wa.gov
42.17A.765
42.17A.765 Enforcement. (Effective January 1,
2012.) (1) The attorney general and the prosecuting authorities of political subdivisions of this state may bring civil
actions in the name of the state for any appropriate civil remedy, including but not limited to the special remedies provided in RCW 42.17A.750.
(2) The attorney general and the prosecuting authorities
of political subdivisions of this state may investigate or cause
to be investigated the activities of any person who there is
reason to believe is or has been acting in violation of this
chapter, and may require any such person or any other person
reasonably believed to have information concerning the
activities of such person to appear at a time and place designated in the county in which such person resides or is found,
to give such information under oath and to produce all
accounts, bills, receipts, books, paper and documents which
may be relevant or material to any investigation authorized
under this chapter.
(3) When the attorney general or the prosecuting authority of any political subdivision of this state requires the attendance of any person to obtain such information or produce
the accounts, bills, receipts, books, papers, and documents
that may be relevant or material to any investigation authorized under this chapter, he or she shall issue an order setting
forth the time when and the place where attendance is
required and shall cause the same to be delivered to or sent by
registered mail to the person at least fourteen days before the
date fixed for attendance. The order shall have the same
force and effect as a subpoena, shall be effective statewide,
and, upon application of the attorney general or the prosecuting authority, obedience to the order may be enforced by any
superior court judge in the county where the person receiving
it resides or is found, in the same manner as though the order
were a subpoena. The court, after hearing, for good cause,
and upon application of any person aggrieved by the order,
shall have the right to alter, amend, revise, suspend, or postpone all or any part of its provisions. In any case where the
order is not enforced by the court according to its terms, the
reasons for the court’s actions shall be clearly stated in writing, and the action shall be subject to review by the appellate
courts by certiorari or other appropriate proceeding.
(4) A person who has notified the attorney general and
the prosecuting attorney in the county in which the violation
occurred in writing that there is reason to believe that some
provision of this chapter is being or has been violated may
himself or herself bring in the name of the state any of the
(2010 Ed.)
42.17A.901
actions (hereinafter referred to as a citizen’s action) authorized under this chapter.
(a) This citizen action may be brought only if:
(i) The attorney general and the prosecuting attorney
have failed to commence an action hereunder within fortyfive days after the notice;
(ii) The person has thereafter further notified the attorney
general and prosecuting attorney that the person will commence a citizen’s action within ten days upon their failure to
do so;
(iii) The attorney general and the prosecuting attorney
have in fact failed to bring such action within ten days of
receipt of said second notice; and
(iv) The citizen’s action is filed within two years after
the date when the alleged violation occurred.
(b) If the person who brings the citizen’s action prevails,
the judgment awarded shall escheat to the state, but he or she
shall be entitled to be reimbursed by the state of Washington
for costs and attorneys’ fees he or she has incurred. In the
case of a citizen’s action that is dismissed and that the court
also finds was brought without reasonable cause, the court
may order the person commencing the action to pay all costs
of trial and reasonable attorneys’ fees incurred by the defendant.
(5) In any action brought under this section, the court
may award to the state all costs of investigation and trial,
including reasonable attorneys’ fees to be fixed by the court.
If the violation is found to have been intentional, the amount
of the judgment, which shall for this purpose include the
costs, may be trebled as punitive damages. If damages or trebled damages are awarded in such an action brought against
a lobbyist, the judgment may be awarded against the lobbyist,
and the lobbyist’s employer or employers joined as defendants, jointly, severally, or both. If the defendant prevails, he
or she shall be awarded all costs of trial, and may be awarded
reasonable attorneys’ fees to be fixed by the court to be paid
by the state of Washington. [2010 c 204 § 1004; 2007 c 455
§ 1; 1975 1st ex.s. c 294 § 27; 1973 c 1 § 40 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW
42.17.400.]
42.17A.770 Limitation on actions. (Effective January
1, 2012.) Except as provided in *RCW 42.17.400(4)(a)(iv),
any action brought under the provisions of this chapter must
be commenced within five years after the date when the violation occurred. [2007 c 455 § 2; 1982 c 147 § 18; 1973 c 1
§ 41 (Initiative Measure No. 276, approved November 7,
1972). Formerly RCW 42.17.410.]
42.17A.770
*Reviser’s note: RCW 42.17.400(4)(a)(iv) was recodified as RCW
42.17A.765(4)(a)(iv) pursuant to 2010 c 204 § 1102, effective January 1,
2012.
42.17A.900 Effective date—1973 c 1. (Effective January 1, 2012.) The effective date of this act shall be January
1, 1973. [1973 c 1 § 49 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.900.]
42.17A.900
42.17A.901 Severability—1973 c 1. (Effective January 1, 2012.) If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
42.17A.901
[Title 42 RCW—page 85]
42.17A.902
Title 42 RCW: Public Officers and Agencies
circumstances is not affected. [1973 c 1 § 46 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW
42.17.910.]
42.17A.902
42.17A.902 Severability—1975 1st ex.s. c 294.
(Effective January 1, 2012.) If any provision of this 1975
amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1975 1st ex.s. c 294 § 29. Formerly RCW
42.17.911.]
42.17A.909 Short title—1993 c 2. (Effective January
1, 2012.) This act may be known and cited as the Fair Campaign Practices Act. [1993 c 2 § 36 (Initiative Measure No.
134, approved November 3, 1992). Formerly RCW
42.17.955.]
42.17A.909
42.17A.910 Effective date—1995 c 397. (Effective
January 1, 2012.) Sections 1 through 32, 34, and 37 of this
act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July
1, 1995. [1995 c 397 § 35. Formerly RCW 42.17.960.]
42.17A.910
42.17A.903
42.17A.903 Severability—1975-’76 2nd ex.s. c 112.
(Effective January 1, 2012.) If any provision of this 1976
amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1975-’76 2nd ex.s. c 112 § 16. Formerly RCW
42.17.912.]
42.17A.904
42.17A.904 Construction—1973 c 1. (Effective January 1, 2012.) The provisions of this act are to be liberally
construed to effectuate the policies and purposes of this act.
In the event of conflict between the provisions of this act and
any other act, the provisions of this act shall govern. [1973 c
1 § 47 (Initiative Measure No. 276, approved November 7,
1972). Formerly RCW 42.17.920.]
42.17A.905
42.17A.905 Chapter, section headings not part of
law. (Effective January 1, 2012.) Chapter and section captions or headings as used in this act do not constitute any part
of the law. [1973 c 1 § 48 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.930.]
42.17A.906
42.17A.906 Repealer—1973 c 1. (Effective January 1,
2012.) Chapter 9, Laws of 1965, as amended by section 9,
chapter 150, Laws of 1965 ex. sess., and RCW 29.18.140;
and chapter 131, Laws of 1967 ex. sess. and RCW 44.64
[chapter 44.64 RCW]; and chapter 82, Laws of 1972 (42nd
Leg. 2nd Ex. Sess.) and Referendum Bill No. 24; and chapter
98, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and Referendum
Bill No. 25 are each hereby repealed. [1973 c 1 § 50 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.940.]
42.17A.907
42.17A.907 Construction—1975-’76 2nd ex.s. c 112.
(Effective January 1, 2012.) The provisions of this 1976
amendatory act are intended to be remedial and shall be liberally construed, and nothing in this 1976 amendatory act shall
be construed to limit the power of the commission under any
other provision of chapter 42.17 RCW. [1975-’76 2nd ex.s. c
112 § 15. Formerly RCW 42.17.945.]
42.17A.911 Captions—1995 c 397. (Effective January 1, 2012.) Captions as used in chapter 397, Laws of 1995
constitute no part of the law. [1995 c 397 § 37. Formerly
RCW 42.17.961.]
42.17A.911
42.17A.912 Severability—1995 c 397. (Effective January 1, 2012.) If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. [1995 c 397 § 38. Formerly
RCW 42.17.962.]
42.17A.912
42.17A.913 Part headings not law—2005 c 445.
(Effective January 1, 2012.) Part headings used in this act
are not any part of the law. [2005 c 445 § 14. Formerly RCW
42.17.963.]
42.17A.913
42.17A.914 Severability—2005 c 445. (Effective January 1, 2012.) If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. [2005 c 445 § 16. Formerly
RCW 42.17.964.]
42.17A.914
42.17A.915 Effective dates—2005 c 445. (Effective
January 1, 2012.) Sections 6 and 12 of this act are necessary
for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing
public institutions, and take effect July 1, 2005. The remainder of this act takes effect January 1, 2006. [2005 c 445 § 17.
Formerly RCW 42.17.965.]
42.17A.915
42.17A.916 Severability—2006 c 348. (Effective January 1, 2012.) If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. [2006 c 348 § 7. Formerly
RCW 42.17.966.]
42.17A.916
42.17A.917 Effective date—2010 c 204 §§ 505, 602,
and 703. Sections 505, 602, and 703 of this act are necessary
for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing
public institutions, and take effect immediately [March 25,
2010]. [2010 c 204 § 1104.]
42.17A.917
42.17A.908
42.17A.908 Captions. (Effective January 1, 2012.)
Section captions and part headings used in this act do not
constitute any part of the law. [1993 c 2 § 34 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW
42.17.950.]
[Title 42 RCW—page 86]
(2010 Ed.)
Misconduct of Public Officers
42.17A.918 2010 c 204. Sections 101 through 504, 506
through 601, 603 through 702, and 801 through 1103 of chapter 204, Laws of 2010 take effect January 1, 2012. [2010 1st
sp.s. c 26 § 10; 2010 c 204 § 1105.]
42.17A.918
Chapter 42.20
Chapter 42.20 RCW
MISCONDUCT OF PUBLIC OFFICERS
Sections
42.20.020
42.20.030
42.20.040
42.20.050
42.20.060
42.20.070
42.20.080
42.20.090
42.20.100
42.20.110
Powers may not be delegated for profit.
Intrusion into and refusal to surrender public office.
False report.
Public officer making false certificate.
Falsely auditing and paying claims.
Misappropriation and falsification of accounts by public
officer.
Other violations by officers.
Misappropriation, etc., by treasurer.
Failure of duty by public officer a misdemeanor.
Improper conduct by certain justices.
Bidding offenses: Chapter 9.18 RCW.
Bribery or corrupt solicitation prohibited: State Constitution Art. 2 § 30.
Cities
optional municipal code, council-manager plan, forfeiture of office for
misconduct: RCW 35A.13.020.
optional municipal code, mayor-council plan, forfeiture of office for misconduct: RCW 35A.12.060.
Cities and towns, commission form, misconduct of officers and employees:
RCW 35.17.150.
County officers, misconduct: RCW 36.18.160, 36.18.170.
County treasurer, suspension for misconduct: RCW 36.29.090.
Election officials, misconduct: Chapter 29A.84 RCW.
Flood control district officers, interest in contracts prohibited: RCW
86.09.286.
Forfeiture of office upon conviction of felony or malfeasance: RCW
9.92.120.
Free transportation for public officers prohibited: State Constitution Art. 2
§ 39, Art. 12 § 20.
Impersonating public officer: RCW 9A.60.045.
Juries, misconduct of public officers concerning: Chapter 9.51 RCW.
Militia, misconduct: Chapter 38.32 RCW.
Official misconduct: RCW 9A.80.010.
42.20.070
tion of his office, or permit another to perform any of his
duties, shall be guilty of a gross misdemeanor. [1909 c 249 §
83; RRS § 2335.]
Reviser’s note: Caption for 1909 c 249 § 83 reads as follows: "Sec. 83.
Grant of Official Powers."
42.20.030 Intrusion into and refusal to surrender
public office. Every person who shall falsely personate or
represent any public officer, or who shall wilfully intrude
himself into a public office to which he has not been duly
elected or appointed, or who shall wilfully exercise any of the
functions or perform any of the duties of such officer, without
having duly qualified therefor, as required by law, or who,
having been an executive or administrative officer, shall wilfully exercise any of the functions of his office after his right
to do so has ceased, or wrongfully refuse to surrender the
official seal or any books or papers appertaining to such
office, upon the demand of his lawful successor, shall be
guilty of a gross misdemeanor. [1909 c 249 § 84; RRS §
2336.]
42.20.030
Impersonating a public officer: RCW 9A.60.045.
Quo warranto: Chapter 7.56 RCW.
42.20.040 False report. Every public officer who shall
knowingly make any false or misleading statement in any
official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor. [1909 c 249 § 98; RRS § 2350.]
42.20.040
42.20.050 Public officer making false certificate.
Every public officer who, being authorized by law to make or
give a certificate or other writing, shall knowingly make and
deliver as true such a certificate or writing containing any
statement which he knows to be false, in a case where the
punishment thereof is not expressly prescribed by law, shall
be guilty of a gross misdemeanor. [1909 c 249 § 128; RRS §
2380.]
42.20.050
42.20.060 Falsely auditing and paying claims. Every
public officer, or person holding or discharging the duties of
any public office or place of trust under the state or in any
county, town or city, a part of whose duty it is to audit, allow
or pay, or take part in auditing, allowing or paying, claims or
demands upon the state or such county, town or city, who
shall knowingly audit, allow or pay, or, directly or indirectly,
consent to or in any way connive at the auditing, allowance or
payment of any claim or demand against the state or such
county, town or city, which is false or fraudulent or contains
any charge, item or claim which is false or fraudulent, shall
be guilty of a gross misdemeanor. [1909 c 249 § 129; RRS §
2381.]
42.20.060
Penitentiary employees, misconduct: RCW 72.01.060.
Private use of public funds, penalty: State Constitution Art. 11 § 14.
School funds, failure to turn over: RCW 28A.635.070.
School officials
disclosing examination questions: RCW 28A.635.040.
grafting: RCW 28A.635.050.
School teachers
failure to display flag: RCW 28A.230.140.
failure to enforce rules: RCW 28A.405.060.
revocation or suspension of certificate or permit to teach—investigation
by superintendent of public instruction—mandatory revocation for
crimes against children: RCW 28A.410.090.
State and judicial officers, impeachment: State Constitution Art. 5.
State treasurer, embezzlement: RCW 43.08.140.
Subversive activities, disqualification from holding public office: RCW
9.81.040.
Utilities and transportation commission members and employees, interest in
regulated companies prohibited: RCW 80.01.020.
42.20.020 Powers may not be delegated for profit.
Every public officer who, for any reward, consideration or
gratuity paid or agreed to be paid, shall, directly or indirectly,
grant to another the right or authority to discharge any func42.20.020
(2010 Ed.)
42.20.070 Misappropriation and falsification of
accounts by public officer. Every public officer, and every
other person receiving money on behalf or for or on account
of the people of the state or of any department of the state
government or of any bureau or fund created by law in which
the people are directly or indirectly interested, or for or on
account of any county, city, town, or any school, diking,
drainage, or irrigation district, who:
42.20.070
[Title 42 RCW—page 87]
42.20.080
Title 42 RCW: Public Officers and Agencies
(1) Appropriates to his or her own use or the use of any
person not entitled thereto, without authority of law, any
money so received by him or her as such officer or otherwise;
or
(2) Knowingly keeps any false account, or makes any
false entry or erasure in any account, of or relating to any
money so received by him or her; or
(3) Fraudulently alters, falsifies, conceals, destroys, or
obliterates any such account; or
(4) Willfully omits or refuses to pay over to the state, its
officer or agent authorized by law to receive the same, or to
such county, city, town, or such school, diking, drainage, or
irrigation district or to the proper officer or authority empowered to demand and receive the same, any money received by
him or her as such officer when it is a duty imposed upon him
or her by law to pay over and account for the same,
is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than fifteen years. [2003 c 53 § 219; 1992 c 7 § 37; 1909 c 249 §
317; RRS § 2569. Prior: Code 1881 § 890; 1873 p 202 § 92;
1854 p 91 § 83.]
unseemly or improper language. [1911 c 115 § 1; RRS §
2696-1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
42.23.010 Declaration of purpose. It is the purpose
and intent of this chapter to revise and make uniform the laws
of this state concerning the transaction of business by municipal officers, as defined in chapter 268, Laws of 1961, in conflict with the proper performance of their duties in the public
interest; and to promote the efficiency of local government
by prohibiting certain instances and areas of conflict while at
the same time sanctioning, under sufficient controls, certain
other instances and areas of conflict wherein the private interest of the municipal officer is deemed to be only remote, to
the end that, without sacrificing necessary public responsibility and enforceability in areas of significant and clearly conflicting interests, the selection of municipal officers may be
made from a wider group of responsible citizens of the communities which they are called upon to serve. [1961 c 268 §
2.]
42.20.080 Other violations by officers. Every officer
or other person mentioned in RCW 42.20.070, who shall wilfully disobey any provision of law regulating his official conduct in cases other than those specified in said section, shall
be guilty of a gross misdemeanor. [1909 c 249 § 318; RRS §
2570.]
42.20.080
42.20.090 Misappropriation, etc., by treasurer.
Every state, county, city, or town treasurer who willfully misappropriates any moneys, funds, or securities received by or
deposited with him or her as such treasurer, or who shall be
guilty of any other malfeasance or willful neglect of duty in
his or her office, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not
more than five years or by a fine of not more than five thousand dollars. [2003 c 53 § 220; 1992 c 7 § 38; 1909 c 249 §
319; RRS § 2571.]
42.20.090
Chapter 42.23 RCW
CODE OF ETHICS FOR MUNICIPAL OFFICERS—
CONTRACT INTERESTS
Chapter 42.23
Sections
42.23.010
42.23.020
42.23.030
42.23.040
42.23.050
42.23.060
42.23.070
42.23.900
Declaration of purpose.
Definitions.
Interest in contracts prohibited—Exceptions.
Remote interests.
Prohibited contracts void—Penalties for violation of chapter.
Local charter controls chapter.
Prohibited acts.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Cities, free passes, services prohibited: RCW 35.17.150.
County officers, general provisions: Chapter 36.16 RCW.
Ethics in public service act: Chapter 42.52 RCW.
Public employment, civil service: Title 41 RCW.
State officers, general provisions: Chapter 43.01 RCW.
42.23.010
Official misconduct by public servant: RCW 9A.80.010.
42.23.020 Definitions. For the purpose of chapter 268,
Laws of 1961:
(1) "Municipality" shall include all counties, cities,
towns, districts, and other municipal corporations and quasi
municipal corporations organized under the laws of the state
of Washington;
(2) "Municipal officer" and "officer" shall each include
all elected and appointed officers of a municipality, together
with all deputies and assistants of such an officer, and all persons exercising or undertaking to exercise any of the powers
or functions of a municipal officer;
(3) "Contract" shall include any contract, sale, lease or
purchase;
(4) "Contracting party" shall include any person, partnership, association, cooperative, corporation, or other business
entity which is a party to a contract with a municipality.
[1961 c 268 § 3.]
42.20.110 Improper conduct by certain justices. It
shall be a misdemeanor for any judge or justice of any court
not of record, during the hearing of any cause or proceeding
therein, to address any person in his presence in unfit,
42.23.030 Interest in contracts prohibited—Exceptions. No municipal officer shall be beneficially interested,
directly or indirectly, in any contract which may be made by,
through or under the supervision of such officer, in whole or
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
County treasurer, suspension for misconduct: RCW 36.29.090.
State treasurer, embezzlement: RCW 43.08.140.
42.20.100 Failure of duty by public officer a misdemeanor. Whenever any duty is enjoined by law upon any
public officer or other person holding any public trust or
employment, their wilful neglect to perform such duty,
except where otherwise specially provided for, shall be a misdemeanor. [1909 c 249 § 16; RRS § 2268. Prior: Code 1881
§ 889; 1854 p 90 § 82.]
42.20.100
42.20.110
[Title 42 RCW—page 88]
42.23.020
42.23.030
(2010 Ed.)
Code of Ethics for Municipal Officers—Contract Interests
in part, or which may be made for the benefit of his or her
office, or accept, directly or indirectly, any compensation,
gratuity or reward in connection with such contract from any
other person beneficially interested therein. This section
shall not apply in the following cases:
(1) The furnishing of electrical, water or other utility services by a municipality engaged in the business of furnishing
such services, at the same rates and on the same terms as are
available to the public generally;
(2) The designation of public depositaries for municipal
funds;
(3) The publication of legal notices required by law to be
published by any municipality, upon competitive bidding or
at rates not higher than prescribed by law for members of the
general public;
(4) The designation of a school director as clerk or as
both clerk and purchasing agent of a school district;
(5) The employment of any person by a municipality for
unskilled day labor at wages not exceeding two hundred dollars in any calendar month. The exception provided in this
subsection does not apply to a county with a population of
one hundred twenty-five thousand or more, a city with a population of more than one thousand five hundred, an irrigation
district encompassing more than fifty thousand acres, or a
first-class school district;
(6)(a) The letting of any other contract in which the total
amount received under the contract or contracts by the
municipal officer or the municipal officer’s business does not
exceed one thousand five hundred dollars in any calendar
month.
(b) However, in the case of a particular officer of a second-class city or town, or a noncharter optional code city, or
a member of any county fair board in a county which has not
established a county purchasing department pursuant to
RCW 36.32.240, the total amount of such contract or contracts authorized in this subsection (6) may exceed one thousand five hundred dollars in any calendar month but shall not
exceed eighteen thousand dollars in any calendar year.
(c)(i) In the case of a particular officer of a rural public
hospital district, as defined in RCW 70.44.460, the total
amount of such contract or contracts authorized in this subsection (6) may exceed one thousand five hundred dollars in
any calendar month, but shall not exceed twenty-four thousand dollars in any calendar year.
(ii) At the beginning of each calendar year, beginning
with the 2006 calendar year, the legislative authority of the
rural public hospital district shall increase the calendar year
limitation described in this subsection (6)(c) by an amount
equal to the dollar amount for the previous calendar year multiplied by the change in the consumer price index as of the
close of the twelve-month period ending December 31st of
that previous calendar year. If the new dollar amount established under this subsection is not a multiple of ten dollars,
the increase shall be rounded to the next lowest multiple of
ten dollars. As used in this subsection, "consumer price
index" means the consumer price index compiled by the
bureau of labor statistics, United States department of labor
for the state of Washington. If the bureau of labor statistics
develops more than one consumer price index for areas
within the state, the index covering the greatest number of
(2010 Ed.)
42.23.030
people, covering areas exclusively within the boundaries of
the state, and including all items shall be used.
(d) The exceptions provided in this subsection (6) do not
apply to:
(i) A sale or lease by the municipality as the seller or lessor;
(ii) The letting of any contract by a county with a population of one hundred twenty-five thousand or more, a city
with a population of ten thousand or more, or an irrigation
district encompassing more than fifty thousand acres; or
(iii) Contracts for legal services, except for reimbursement of expenditures.
(e) The municipality shall maintain a list of all contracts
that are awarded under this subsection (6). The list must be
made available for public inspection and copying;
(7) The leasing by a port district as lessor of port district
property to a municipal officer or to a contracting party in
which a municipal officer may be beneficially interested, if in
addition to all other legal requirements, a board of three disinterested appraisers and the superior court in the county
where the property is situated finds that all terms and conditions of such lease are fair to the port district and are in the
public interest. The appraisers must be appointed from members of the American Institute of Real Estate Appraisers by
the presiding judge of the superior court;
(8) The letting of any employment contract for the driving of a school bus in a second-class school district if the
terms of such contract are commensurate with the pay plan or
collective bargaining agreement operating in the district;
(9) The letting of an employment contract as a substitute
teacher or substitute educational aide to an officer of a second-class school district that has two hundred or fewer fulltime equivalent students, if the terms of the contract are commensurate with the pay plan or collective bargaining agreement operating in the district and the board of directors has
found, consistent with the written policy under RCW
28A.330.240, that there is a shortage of substitute teachers in
the school district;
(10) The letting of any employment contract to the
spouse of an officer of a school district, when such contract is
solely for employment as a substitute teacher for the school
district. This exception applies only if the terms of the contract are commensurate with the pay plan or collective bargaining agreement applicable to all district employees and
the board of directors has found, consistent with the written
policy under RCW 28A.330.240, that there is a shortage of
substitute teachers in the school district;
(11) The letting of any employment contract to the
spouse of an officer of a school district if the spouse was
under contract as a certificated or classified employee with
the school district before the date in which the officer
assumes office and the terms of the contract are commensurate with the pay plan or collective bargaining agreement
operating in the district. However, in a second-class school
district that has less than two hundred full-time equivalent
students enrolled at the start of the school year as defined in
*RCW 28A.150.040, the spouse is not required to be under
contract as a certificated or classified employee before the
date on which the officer assumes office;
(12) The authorization, approval, or ratification of any
employment contract with the spouse of a public hospital dis[Title 42 RCW—page 89]
42.23.040
Title 42 RCW: Public Officers and Agencies
trict commissioner if: (a) The spouse was employed by the
public hospital district before the date the commissioner was
initially elected; (b) the terms of the contract are commensurate with the pay plan or collective bargaining agreement
operating in the district for similar employees; (c) the interest
of the commissioner is disclosed to the board of commissioners and noted in the official minutes or similar records of the
public hospital district prior to the letting or continuation of
the contract; and (d) and the commissioner does not vote on
the authorization, approval, or ratification of the contract or
any conditions in the contract.
A municipal officer may not vote in the authorization,
approval, or ratification of a contract in which he or she is
beneficially interested even though one of the exemptions
allowing the awarding of such a contract applies. The interest of the municipal officer must be disclosed to the governing body of the municipality and noted in the official minutes
or similar records of the municipality before the formation of
the contract. [2007 c 298 § 1; 2006 c 121 § 1; 2005 c 114 §
1; 1999 c 261 § 2; 1997 c 98 § 1; 1996 c 246 § 1. Prior: 1994
c 81 § 77; 1994 c 20 § 1; 1993 c 308 § 1; 1991 c 363 § 120;
1990 c 33 § 573; 1989 c 263 § 1; 1983 1st ex.s. c 44 § 1; prior:
1980 c 39 § 1; 1979 ex.s. c 4 § 1; 1971 ex.s. c 242 § 1; 1961
c 268 § 4.]
*Reviser’s note: RCW 28A.150.040 was repealed by 2009 c 548 §
710, effective September 1, 2011.
Findings—Intent—1999 c 261: "The legislature finds that:
(1) The current statutes pertaining to municipal officers’ beneficial
interest in contracts are quite confusing and have resulted in some inadvertent violations of the law.
(2) The dollar thresholds for many of the exemptions have not been
changed in over thirty-five years, and the restrictions apply to the total
amount of the contract instead of the portion of the contract that pertains to
the business operated by the municipal officer.
(3) The confusion existing over these current statutes discourages some
municipalities from accessing some efficiencies available to them.
Therefore, it is the intent of the legislature to clarify the statutes pertaining to municipal officers and contracts and to enact reasonable protections against inappropriate conflicts of interest." [1999 c 261 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Additional notes found at www.leg.wa.gov
42.23.040 Remote interests. A municipal officer is not
interested in a contract, within the meaning of RCW
42.23.030, if the officer has only a remote interest in the contract and the extent of the interest is disclosed to the governing body of the municipality of which the officer is an officer
and noted in the official minutes or similar records of the
municipality prior to the formation of the contract, and thereafter the governing body authorizes, approves, or ratifies the
contract in good faith by a vote of its membership sufficient
for the purpose without counting the vote or votes of the
officer having the remote interest. As used in this section
"remote interest" means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party
where the compensation of such employee or agent consists
entirely of fixed wages or salary;
(3) That of a landlord or tenant of a contracting party;
42.23.040
[Title 42 RCW—page 90]
(4) That of a holder of less than one percent of the shares
of a corporation or cooperative which is a contracting party.
None of the provisions of this section are applicable to
any officer interested in a contract, even if the officer’s interest is only remote, if the officer influences or attempts to
influence any other officer of the municipality of which he or
she is an officer to enter into the contract. [1999 c 261 § 3;
1961 c 268 § 5.]
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
42.23.050 Prohibited contracts void—Penalties for
violation of chapter. Any contract made in violation of the
provisions of this chapter is void and the performance
thereof, in full or in part, by a contracting party shall not be
the basis of any claim against the municipality. Any officer
violating the provisions of this chapter is liable to the municipality of which he or she is an officer for a penalty in the
amount of five hundred dollars, in addition to such other civil
or criminal liability or penalty as may otherwise be imposed
upon the officer by law.
In addition to all other penalties, civil or criminal, the
violation by any officer of the provisions of this chapter may
be grounds for forfeiture of his or her office. [1999 c 261 § 4;
1961 c 268 § 6.]
42.23.050
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
42.23.060 Local charter controls chapter. If any provision of this chapter conflicts with any provision of a city or
county charter, or with any provision of a city-county charter,
the charter shall control if it contains stricter requirements
than this chapter. The provisions of this chapter shall be considered as minimum standards to be enforced by municipalities. [1999 c 261 § 5; 1961 c 268 § 16.]
42.23.060
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
42.23.070 Prohibited acts. (1) No municipal officer
may use his or her position to secure special privileges or
exemptions for himself, herself, or others.
(2) No municipal officer may, directly or indirectly, give
or receive or agree to receive any compensation, gift, reward,
or gratuity from a source except the employing municipality,
for a matter connected with or related to the officer’s services
as such an officer unless otherwise provided for by law.
(3) No municipal officer may accept employment or
engage in business or professional activity that the officer
might reasonably expect would require or induce him or her
by reason of his or her official position to disclose confidential information acquired by reason of his or her official position.
(4) No municipal officer may disclose confidential information gained by reason of the officer’s position, nor may the
officer otherwise use such information for his or her personal
gain or benefit. [1994 c 154 § 121.]
42.23.070
Additional notes found at www.leg.wa.gov
42.23.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
42.23.900
(2010 Ed.)
Payment of Claims for Expenses, Material, Purchases—Advancements
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 104.]
Chapter 42.24 RCW
PAYMENT OF CLAIMS FOR EXPENSES,
MATERIAL, PURCHASES—ADVANCEMENTS
Chapter 42.24
Sections
42.24.035
42.24.070
42.24.080
42.24.090
42.24.100
42.24.110
42.24.115
42.24.120
42.24.130
42.24.140
42.24.150
42.24.160
42.24.170
42.24.180
Payment for postage, books, and periodicals.
State agencies—Budget and accounting system.
Municipal corporations and political subdivisions—Claims
against for contractual purposes—Auditing and payment—
Forms—Authentication and certification.
Municipal corporations and political subdivisions—Reimbursement claims by officers and employees.
Municipal corporations and political subdivisions—Certificates need not be sworn—Penalty for false claim.
Municipal corporations and political subdivisions—Approving or paying false claim—Penalties.
Municipal corporations and political subdivisions—Charge
cards for officers’ and employees’ travel expenses.
Advancements for travel expenses—Municipal corporation or
political subdivision officers and employees.
Advancements for travel expenses—Revolving fund.
Advancements for travel expenses—Provision to assure
repayment.
Advancements for travel expenses—Travel expense voucher.
Advancements for travel expenses—Purpose—Not personal
loan.
Expenditures by special purpose districts to recruit job candidates—Reimbursement for travel expenses.
Taxing district—Issuance of warrants or checks before
approval by legislative body—Conditions.
County auditor: Chapter 36.22 RCW.
State auditor: Chapter 43.09 RCW.
42.24.035 Payment for postage, books, and periodicals. Notwithstanding the provisions of chapter 42.24 RCW
or any other existing statute, school districts and other public
agencies including but not limited to state agencies and
municipal corporations which are expressly or by necessary
implication authorized to subscribe to magazines or other
periodical publications or books or to purchase postage or
publications from the United States government or any other
publisher may make payment of the costs of such purchases
in a manner as consistent as possible and practicable with
normal and usual business methods, and in the case of subscriptions, for periods not in excess of three years. [1975 1st
ex.s. c 72 § 1; 1963 c 116 § 1.]
42.24.035
42.24.070 State agencies—Budget and accounting
system. See chapter 43.88 RCW.
42.24.070
42.24.080 Municipal corporations and political subdivisions—Claims against for contractual purposes—
Auditing and payment—Forms—Authentication and
certification. (1) All claims presented against any county,
city, district or other municipal corporation or political subdi42.24.080
(2010 Ed.)
42.24.100
vision by persons furnishing materials, rendering services or
performing labor, or for any other contractual purpose, shall
be audited, before payment, by an auditing officer elected or
appointed pursuant to statute or, in the absence of statute, an
appropriate charter provision, ordinance or resolution of the
municipal corporation or political subdivision. Such claims
shall be prepared for audit and payment on a form and in the
manner prescribed by the state auditor. The form shall provide for the authentication and certification by such auditing
officer that the materials have been furnished, the services
rendered, the labor performed as described, or that any
advance payment is due and payable pursuant to a contract or
is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid
obligation against the municipal corporation or political subdivision. No claim shall be paid without such authentication
and certification.
(2) Certification as to claims of officers and employees
of a county, city, district or other municipal corporation or
political subdivision, for services rendered, shall be made by
the person charged with preparing and submitting vouchers
for payment of services. He or she shall certify that the claim
is just, true and unpaid, and that certification shall be part of
the voucher. [2008 c 198 § 6; 1995 c 301 § 72; 1965 c 116 §
1.]
Finding—2008 c 198: See note following RCW 39.34.030.
42.24.090 Municipal corporations and political subdivisions—Reimbursement claims by officers and
employees. No claim for reimbursement of any expenditures
by officers or employees of any municipal corporation or
political subdivision of the state for transportation, lodging,
meals or any other purpose shall be allowed by any officer,
employee or board charged with auditing accounts unless the
same shall be presented in a detailed account: PROVIDED,
That, unless otherwise authorized by law, the legislative body
of any municipal corporation or political subdivision of the
state may prescribe by ordinance or resolution the amounts to
be paid officers or employees thereof as reimbursement for
the use of their personal automobiles or other transportation
equipment in connection with officially assigned duties and
other travel for approved public purposes, or as reimbursement to such officers or employees in lieu of actual expenses
incurred for lodging, meals or other purposes. The rates for
such reimbursements may be computed on a mileage, hourly,
per diem, monthly, or other basis as the respective legislative
bodies shall determine to be proper in each instance: PROVIDED, That in lieu of such reimbursements, payments for
the use of personal automobiles for official travel may be
established if the legislative body determines that these payments would be less costly to the municipal corporation or
political subdivision of the state than providing automobiles
for official travel.
All claims authorized under this section shall be duly
certified by the officer or employee submitting such claims
on forms and in the manner prescribed by the state auditor.
[1995 c 301 § 73; 1981 c 56 § 1; 1965 c 116 § 2.]
42.24.090
42.24.100 Municipal corporations and political subdivisions—Certificates need not be sworn—Penalty for
42.24.100
[Title 42 RCW—page 91]
42.24.110
Title 42 RCW: Public Officers and Agencies
false claim. The certificates required by RCW 42.24.080
through 42.24.110 need not be sworn, but any person certifying a claim or making a claim knowing the same to be false
or untrue shall be guilty of perjury in the second degree.
[1965 c 116 § 3.]
42.24.110 Municipal corporations and political subdivisions—Approving or paying false claim—Penalties.
Any person who knowingly approves or pays or causes to be
approved or paid a false or untrue claim shall be guilty of a
gross misdemeanor and, in addition, he shall be civilly liable
on his bond to the municipal corporation or political subdivision, as the case may be, for the amount so paid or for three
hundred dollars whichever is the greater. [1965 c 116 § 4.]
42.24.110
42.24.115 Municipal corporations and political subdivisions—Charge cards for officers’ and employees’
travel expenses. (1) Any municipal corporation or political
subdivision may provide for the issuance of charge cards to
officers and employees for the purpose of covering expenses
incident to authorized travel.
(2) If a charge card is issued for the purpose of covering
expenses relating to authorized travel, upon billing or no later
than thirty days of the billing date, the officer or employee
using a charge card issued under this section shall submit a
fully itemized travel expense voucher. Any charges against
the charge card not properly identified on the travel expense
voucher or not allowed following the audit required under
RCW 42.24.080 shall be paid by the official or employee by
check, United States currency, or salary deduction.
(3) If, for any reason, disallowed charges are not repaid
before the charge card billing is due and payable, the municipal corporation or political subdivision shall have a prior lien
against and a right to withhold any and all funds payable or to
become payable to the official or employee up to an amount
of the disallowed charges and interest at the same rate as
charged by the company which issued the charge card. Any
official or employee who has been issued a charge card by a
municipal corporation or political subdivision shall not use
the card if any disallowed charges are outstanding and shall
surrender the card upon demand of the auditing officer. The
municipal corporation or political subdivision shall have
unlimited authority to revoke use of any charge card issued
under this section, and, upon such revocation order being
delivered to the charge card company, shall not be liable for
any costs. [1995 c 30 § 3; 1984 c 203 § 5.]
42.24.115
Findings—1995 c 30: See note following RCW 43.09.2855.
Additional notes found at www.leg.wa.gov
42.24.120 Advancements for travel expenses—
Municipal corporation or political subdivision officers
and employees. Whenever it becomes necessary for an
elected or appointed official or employee of the municipal
corporation or political subdivision to travel and incur
expenses, the legislative body of such municipal corporation
or political subdivision may provide, in the manner that local
legislation is officially enacted, reasonable allowances to
such officers and employees in advance of expenditure. Such
advance shall be made under appropriate rules and regulations to be prescribed by the state auditor. [1969 c 74 § 1.]
42.24.120
[Title 42 RCW—page 92]
42.24.130 Advancements for travel expenses—
Revolving fund. The legislative body of a municipal corporation or political subdivision wishing to make advance payments of travel expenses to officials and employees, as provided in RCW 42.24.120 through 42.24.160, will establish, in
the manner that local legislation is officially enacted, a
revolving fund to be used solely for the purpose of making
advance payments of travel expenses. The revolving fund
will be maintained in a bank as a checking account and
advances to officials or employees will be by check. The fund
will be replenished by warrant. [1969 c 74 § 2.]
42.24.130
42.24.140 Advancements for travel expenses—Provision to assure repayment. To protect the municipal corporation or political subdivision from any losses on account of
advances made as provided in RCW 42.24.120 through
42.24.160, the municipal corporation or political subdivision
shall have a prior lien against and a right to withhold any and
all funds payable or to become payable by the municipal corporation or political subdivision to such officer or employee
to whom such advance has been given, as provided in RCW
42.24.120 through 42.24.160, up to the amount of such
advance and interest at the rate of ten percent per annum,
until such time as repayment or justification has been made.
No advance of any kind may be made to any officer or
employee under RCW 42.24.120 through 42.24.160, at any
time when he is delinquent in accounting for or repaying a
prior advance under RCW 42.24.120 through 42.24.160.
[1969 c 74 § 3.]
42.24.140
42.24.150 Advancements for travel expenses—
Travel expense voucher. On or before the fifteenth day following the close of the authorized travel period for which
expenses have been advanced to any officer or employee, he
shall submit to the appropriate official a fully itemized travel
expense voucher, for all reimbursable items legally
expended, accompanied by the unexpended portion of such
advance, if any.
Any advance made for this purpose, or any portion
thereof, not repaid or accounted for in the time and manner
specified herein, shall bear interest at the rate of ten percent
per annum from the date of default until paid. [1995 c 194 §
9; 1969 c 74 § 4.]
42.24.150
42.24.160 Advancements for travel expenses—Purpose—Not personal loan. An advance made under RCW
42.24.120 through 42.24.160 shall be considered as having
been made to such officer or employee to be expended by
him as an agent of the municipal corporation or political subdivision for the municipal corporation’s or political subdivision’s purposes only, and specifically to defray necessary
costs while performing his official duties.
No such advance shall be considered as a personal loan
to such officer or employee and any expenditure thereof,
other than for official business purposes, shall be considered
a misappropriation of public funds. [1969 c 74 § 5.]
42.24.160
42.24.170 Expenditures by special purpose districts
to recruit job candidates—Reimbursement for travel
expenses. Special purpose districts may expend funds to
42.24.170
(2010 Ed.)
Agency Vendor Payment Revolving Fund—Petty Cash Accounts
recruit job candidates and reimburse candidates for reasonable and necessary travel expenses, including transportation,
subsistence, and lodging. [1981 c 190 § 1.]
42.24.180 *Taxing district—Issuance of warrants or
checks before approval by legislative body—Conditions.
In order to expedite the payment of claims, the legislative
body of any *taxing district, as defined in RCW 43.09.260,
may authorize the issuance of warrants or checks in payment
of claims after the provisions of this chapter have been met
and after the officer designated by statute, or, in the absence
of statute, an appropriate charter provision, ordinance, or resolution of the *taxing district, has signed the checks or warrants, but before the legislative body has acted to approve the
claims. The legislative body may stipulate that certain kinds
or amounts of claims shall not be paid before the board has
reviewed the supporting documentation and approved the
issue of checks or warrants in payment of those claims. However, all of the following conditions shall be met before the
payment:
(1) The auditing officer and the officer designated to sign
the checks or warrants shall each be required to furnish an
official bond for the faithful discharge of his or her duties in
an amount determined by the legislative body but not less
than fifty thousand dollars;
(2) The legislative body shall adopt contracting, hiring,
purchasing, and disbursing policies that implement effective
internal control;
(3) The legislative body shall provide for its review of
the documentation supporting claims paid and for its
approval of all checks or warrants issued in payment of
claims at its next regularly scheduled public meeting or, for
cities and towns, at a regularly scheduled public meeting
within one month of issuance; and
(4) The legislative body shall require that if, upon
review, it disapproves some claims, the auditing officer and
the officer designated to sign the checks or warrants shall
jointly cause the disapproved claims to be recognized as
receivables of the *taxing district and to pursue collection
diligently until the amounts disapproved are collected or until
the legislative body is satisfied and approves the claims.
[1994 c 273 § 18; 1984 c 128 § 11.]
42.24.180
*Reviser’s note: "Taxing district" redesignated "local government" by
1995 c 301 § 15.
Chapter 42.26
Chapter 42.26 RCW
AGENCY VENDOR PAYMENT REVOLVING
FUND—PETTY CASH ACCOUNTS
Sections
42.26.010
42.26.020
42.26.030
42.26.040
42.26.050
42.26.060
42.26.070
42.26.080
42.26.090
42.26.900
(2010 Ed.)
Agency vendor payment revolving fund—Created—Use.
Disbursements—Deposits to cover.
Regulations.
Petty cash accounts—Authorized—Advancements.
Request for petty cash advancement—Approval.
Restrictions on use of petty cash account—Expenditures—
Reimbursement.
Custodian of petty cash account—Bond.
Violation of petty cash account requirements.
Regulations for petty cash and accounts.
Effective date—1969 ex.s. c 60.
42.26.060
42.26.010 Agency vendor payment revolving fund—
Created—Use. An agency vendor payment revolving fund
is hereby created in the state treasury. This fund is to be used
for payment for services rendered or materials furnished to
the state, which are properly payable from funds other than
those appropriated from the state treasury: PROVIDED,
That the use of this revolving fund by a state agency shall be
optional: AND PROVIDED FURTHER, That payment of
salaries and wages shall be subject to the provisions of chapter 42.16 RCW. [1969 ex.s. c 60 § 1.]
42.26.010
42.26.020 Disbursements—Deposits to cover. The
amount to be disbursed from the vendor payment revolving
fund on behalf of an agency electing to utilize such fund shall
be deposited therein by the agency on or before the day prior
to scheduled disbursement. The deposit shall be made from
funds held by the agency outside the state treasury pursuant
to law and which are properly chargeable for the disbursement. Disbursements from the revolving fund created by this
chapter shall be by warrant in accordance with the provisions
of RCW 43.88.160. [1969 ex.s. c 60 § 2.]
42.26.020
42.26.030 Regulations. The director of financial management shall adopt such regulations as may be necessary or
desirable to implement the provisions of this chapter relating
to the establishment of an agency vendor payment revolving
fund. [1979 c 151 § 74; 1969 ex.s. c 60 § 3.]
42.26.030
42.26.040 Petty cash accounts—Authorized—
Advancements. The state treasurer is authorized to advance
moneys from treasury funds to state agencies for the purpose
of establishing petty cash accounts. Any agency may petition
the office of financial management for the establishment of a
petty cash account. The maximum amount of such accounts
shall be based on the special needs of the petitioning agency
and shall be subject to approval by the office of financial
management. The amount so advanced shall be reflected in
the state treasurer’s accounts as an amount due from the
agency to the fund or account from which the advance was
made. [1979 c 151 § 75; 1977 c 40 § 1; 1969 ex.s. c 60 § 4.]
42.26.040
42.26.050 Request for petty cash advancement—
Approval. The agency requesting a petty cash account or an
increase in the amount of petty cash advanced under the provisions of this chapter shall submit its request to the director
of financial management in the form and detail prescribed by
him. The agency’s written request and the approval authorized by this chapter shall be the only documentation or certification required as a condition precedent to the issuance of
such warrant. A copy of his approval shall be forwarded by
the director of financial management to the state treasurer.
[1979 c 151 § 76; 1969 ex.s. c 60 § 5.]
42.26.050
42.26.060 Restrictions on use of petty cash account—
Expenditures—Reimbursement. The use of the petty cash
account shall be restricted to miscellaneous petty or emergency expenditures, refunds legally payable by an agency,
and for cash change to be used in the transaction of the
agency’s official business. All expenditures made from petty
cash shall be charged to an existing appropriation for such
42.26.060
[Title 42 RCW—page 93]
42.26.070
Title 42 RCW: Public Officers and Agencies
purpose, except expenditures chargeable against funds for
which no appropriation is required by law. All expenditures
or refunds made from petty cash shall be reimbursed out of
and charged to the proper appropriation or fund at the close of
each month and such other times as may be necessary. [1969
ex.s. c 60 § 6.]
42.26.070 Custodian of petty cash account—Bond.
The head of the agency or an employee designated by him
shall have full responsibility as custodian for the petty cash
account and its proper use under this chapter and applicable
regulations of the director of financial management. The custodian of the petty cash account shall be covered by a surety
bond in the full amount of the account at all times and all
advances to it, conditioned upon the proper accounting for
and legal expenditure of all such funds, in addition to other
conditions required by law. [1979 c 151 § 77; 1969 ex.s. c 60
§ 7.]
42.26.070
42.26.080 Violation of petty cash account requirements. If a post audit by the state auditor discloses the
amount of the petty cash account of any agency under this
chapter to be excessive or the use of the account to be in violation of requirements governing its operation, the director of
financial management may require the return of the account
or of the excessive amount to the state treasury for credit to
the fund from which the advance was made. [1979 c 151 §
78; 1969 ex.s. c 60 § 8.]
42.26.080
42.26.090 Regulations for petty cash and accounts.
The director of financial management shall adopt such regulations as may be necessary or desirable to implement the
provisions of this chapter. Such regulation shall include but
not be limited to, (1) defining limitations on the use of petty
cash, and (2) providing accounting and reporting procedures
for operation of the petty cash account. [1979 c 151 § 79;
1969 ex.s. c 60 § 9.]
42.26.090
42.26.900 Effective date—1969 ex.s. c 60. This chapter shall take effect July 1, 1969. [1969 ex.s. c 60 § 12.]
42.26.900
Chapter 42.30
Chapter 42.30 RCW
OPEN PUBLIC MEETINGS ACT
Sections
42.30.010
42.30.020
42.30.030
42.30.040
42.30.050
42.30.060
42.30.070
42.30.075
42.30.080
42.30.090
42.30.100
42.30.110
42.30.120
42.30.130
42.30.140
42.30.200
Legislative declaration.
Definitions.
Meetings declared open and public.
Conditions to attendance not to be required.
Interruptions—Procedure.
Ordinances, rules, resolutions, regulations, etc., adopted at
public meetings—Notice—Secret voting prohibited.
Times and places for meetings—Emergencies—Exception.
Schedule of regular meetings—Publication in state register—
Notice of change—"Regular" meetings defined.
Special meetings.
Adjournments.
Continuances.
Executive sessions.
Violations—Personal liability—Penalty—Attorney fees and
costs.
Violations—Mandamus or injunction.
Chapter controlling—Application.
Governing body of recognized student association at college
or university—Chapter applicability to.
[Title 42 RCW—page 94]
42.30.210
42.30.900
42.30.910
42.30.920
Assistance by attorney general.
Short title.
Construction—1971 ex.s. c 250.
Severability—1971 ex.s. c 250.
Drug reimbursement policy recommendations: RCW 43.20A.365.
42.30.010 Legislative declaration. The legislature
finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions,
offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people’s
business. It is the intent of this chapter that their actions be
taken openly and that their deliberations be conducted
openly.
The people of this state do not yield their sovereignty to
the agencies which serve them. The people, in delegating
authority, do not give their public servants the right to decide
what is good for the people to know and what is not good for
them to know. The people insist on remaining informed so
that they may retain control over the instruments they have
created. [1971 ex.s. c 250 § 1.]
42.30.010
Reviser’s note: Throughout this chapter, the phrases "this act" and "this
1971 amendatory act" have been changed to "this chapter." "This act" [1971
ex.s. c 250] consists of this chapter, the amendment to RCW 34.04.025, and
the repeal of RCW 42.32.010 and 42.32.020.
42.30.020 Definitions. As used in this chapter unless
the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, department, educational institution, or other state agency which is
created by or pursuant to statute, other than courts and the
legislature;
(b) Any county, city, school district, special purpose district, or other municipal corporation or political subdivision
of the state of Washington;
(c) Any subagency of a public agency which is created
by or pursuant to statute, ordinance, or other legislative act,
including but not limited to planning commissions, library or
park boards, commissions, and agencies;
(d) Any policy group whose membership includes representatives of publicly owned utilities formed by or pursuant
to the laws of this state when meeting together as or on behalf
of participants who have contracted for the output of generating plants being planned or built by an operating agency.
(2) "Governing body" means the multimember board,
commission, committee, council, or other policy or rule-making body of a public agency, or any committee thereof when
the committee acts on behalf of the governing body, conducts
hearings, or takes testimony or public comment.
(3) "Action" means the transaction of the official business of a public agency by a governing body including but
not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final
actions. "Final action" means a collective positive or negative
decision, or an actual vote by a majority of the members of a
governing body when sitting as a body or entity, upon a
motion, proposal, resolution, order, or ordinance.
(4) "Meeting" means meetings at which action is taken.
[1985 c 366 § 1; 1983 c 155 § 1; 1982 1st ex.s. c 43 § 10;
1971 ex.s. c 250 § 2.]
42.30.020
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Open Public Meetings Act
42.30.030 Meetings declared open and public. All
meetings of the governing body of a public agency shall be
open and public and all persons shall be permitted to attend
any meeting of the governing body of a public agency, except
as otherwise provided in this chapter. [1971 ex.s. c 250 § 3.]
42.30.030
42.30.040 Conditions to attendance not to be
required. A member of the public shall not be required, as a
condition to attendance at a meeting of a governing body, to
register his name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to
his attendance. [1971 ex.s. c 250 § 4.]
42.30.040
42.30.050 Interruptions—Procedure. In the event
that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting
unfeasible and order cannot be restored by the removal of
individuals who are interrupting the meeting, the members of
the governing body conducting the meeting may order the
meeting room cleared and continue in session or may adjourn
the meeting and reconvene at another location selected by
majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda.
Representatives of the press or other news media, except
those participating in the disturbance, shall be allowed to
attend any session held pursuant to this section. Nothing in
this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals
not responsible for disturbing the orderly conduct of the
meeting. [1971 ex.s. c 250 § 5.]
42.30.050
42.30.060 Ordinances, rules, resolutions, regulations,
etc., adopted at public meetings—Notice—Secret voting
prohibited. (1) No governing body of a public agency shall
adopt any ordinance, resolution, rule, regulation, order, or
directive, except in a meeting open to the public and then
only at a meeting, the date of which is fixed by law or rule, or
at a meeting of which notice has been given according to the
provisions of this chapter. Any action taken at meetings failing to comply with the provisions of this subsection shall be
null and void.
(2) No governing body of a public agency at any meeting
required to be open to the public shall vote by secret ballot.
Any vote taken in violation of this subsection shall be null
and void, and shall be considered an "action" under this chapter. [1989 c 42 § 1; 1971 ex.s. c 250 § 6.]
42.30.060
42.30.070 Times and places for meetings—Emergencies—Exception. The governing body of a public agency
shall provide the time for holding regular meetings by ordinance, resolution, bylaws, or by whatever other rule is
required for the conduct of business by that body. Unless otherwise provided for in the act under which the public agency
was formed, meetings of the governing body need not be held
within the boundaries of the territory over which the public
agency exercises jurisdiction. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on
the next business day. If, by reason of fire, flood, earthquake,
or other emergency, there is a need for expedited action by a
governing body to meet the emergency, the presiding officer
42.30.070
(2010 Ed.)
42.30.090
of the governing body may provide for a meeting site other
than the regular meeting site and the notice requirements of
this chapter shall be suspended during such emergency. It
shall not be a violation of the requirements of this chapter for
a majority of the members of a governing body to travel
together or gather for purposes other than a regular meeting
or a special meeting as these terms are used in this chapter:
PROVIDED, That they take no action as defined in this chapter. [1983 c 155 § 2; 1973 c 66 § 1; 1971 ex.s. c 250 § 7.]
42.30.075 Schedule of regular meetings—Publication
in state register—Notice of change—"Regular" meetings
defined. State agencies which hold regular meetings shall
file with the code reviser a schedule of the time and place of
such meetings on or before January of each year for publication in the Washington state register. Notice of any change
from such meeting schedule shall be published in the state
register for distribution at least twenty days prior to the
rescheduled meeting date.
For the purposes of this section "regular" meetings shall
mean recurring meetings held in accordance with a periodic
schedule declared by statute or rule. [1977 ex.s. c 240 § 12.]
42.30.075
Public meeting notices in state register: RCW 34.08.020.
Additional notes found at www.leg.wa.gov
42.30.080 Special meetings. A special meeting may be
called at any time by the presiding officer of the governing
body of a public agency or by a majority of the members of
the governing body by delivering written notice personally,
by mail, by fax, or by electronic mail to each member of the
governing body; and to each local newspaper of general circulation and to each local radio or television station which
has on file with the governing body a written request to be
notified of such special meeting or of all special meetings.
Such notice must be delivered personally, by mail, by fax, or
by electronic mail at least twenty-four hours before the time
of such meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting and the
business to be transacted. Final disposition shall not be taken
on any other matter at such meetings by the governing body.
Such written notice may be dispensed with as to any member
who at or prior to the time the meeting convenes files with the
clerk or secretary of the governing body a written waiver of
notice. Such waiver may be given by telegram, by fax, or
electronic mail. Such written notice may also be dispensed
with as to any member who is actually present at the meeting
at the time it convenes. The notices provided in this section
may be dispensed with in the event a special meeting is called
to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage,
when time requirements of such notice would make notice
impractical and increase the likelihood of such injury or damage. [2005 c 273 § 1; 1971 ex.s. c 250 § 8.]
42.30.080
42.30.090 Adjournments. The governing body of a
public agency may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so
adjourn from time to time. If all members are absent from any
regular or adjourned regular meeting the clerk or secretary of
42.30.090
[Title 42 RCW—page 95]
42.30.100
Title 42 RCW: Public Officers and Agencies
the governing body may declare the meeting adjourned to a
stated time and place. He shall cause a written notice of the
adjournment to be given in the same manner as provided in
RCW 42.30.080 for special meetings, unless such notice is
waived as provided for special meetings. Whenever any
meeting is adjourned a copy of the order or notice of adjournment shall be conspicuously posted immediately after the
time of the adjournment on or near the door of the place
where the regular, adjourned regular, special or adjourned
special meeting was held. When a regular or adjourned regular meeting is adjourned as provided in this section, the
resulting adjourned regular meeting is a regular meeting for
all purposes. When an order of adjournment of any meeting
fails to state the hour at which the adjourned meeting is to be
held, it shall be held at the hour specified for regular meetings
by ordinance, resolution, bylaw, or other rule. [1971 ex.s. c
250 § 9.]
42.30.100
42.30.100 Continuances. Any hearing being held,
noticed, or ordered to be held by a governing body at any
meeting may by order or notice of continuance be continued
or recontinued to any subsequent meeting of the governing
body in the same manner and to the same extent set forth in
RCW 42.30.090 for the adjournment of meetings. [1971
ex.s. c 250 § 10.]
42.30.110
42.30.110 Executive sessions. (1) Nothing contained in
this chapter may be construed to prevent a governing body
from holding an executive session during a regular or special
meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge
regarding such consideration would cause a likelihood of
increased price;
(c) To consider the minimum price at which real estate
will be offered for sale or lease when public knowledge
regarding such consideration would cause a likelihood of
decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;
(d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such
consideration would cause a likelihood of increased costs;
(e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;
(f) To receive and evaluate complaints or charges
brought against a public officer or employee. However, upon
the request of such officer or employee, a public hearing or a
meeting open to the public shall be conducted upon such
complaint or charge;
(g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public
employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the
agency shall occur in a meeting open to the public, and when
a governing body elects to take final action hiring, setting the
salary of an individual employee or class of employees, or
[Title 42 RCW—page 96]
discharging or disciplining an employee, that action shall be
taken in a meeting open to the public;
(h) To evaluate the qualifications of a candidate for
appointment to elective office. However, any interview of
such candidate and final action appointing a candidate to
elective office shall be in a meeting open to the public;
(i) To discuss with legal counsel representing the agency
matters relating to agency enforcement actions, or to discuss
with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body,
or a member acting in an official capacity is, or is likely to
become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.
This subsection (1)(i) does not permit a governing body
to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection
(1)(i), "potential litigation" means matters protected by RPC
1.6 or RCW 5.60.060(2)(a) concerning:
(i) Litigation that has been specifically threatened to
which the agency, the governing body, or a member acting in
an official capacity is, or is likely to become, a party;
(ii) Litigation that the agency reasonably believes may
be commenced by or against the agency, the governing body,
or a member acting in an official capacity; or
(iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an
adverse legal or financial consequence to the agency;
(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices,
products, equipment, and services, when such discussion
would be likely to adversely affect the network’s ability to
conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting
open to the public;
(k) To consider, in the case of the state investment board,
financial and commercial information when the information
relates to the investment of public trust or retirement funds
and when public knowledge regarding the discussion would
result in loss to such funds or in private loss to the providers
of this information;
(l) To consider proprietary or confidential nonpublished
information related to the development, acquisition, or implementation of state purchased health care services as provided
in RCW 41.05.026;
(m) To consider in the case of the life sciences discovery
fund authority, the substance of grant applications and grant
awards when public knowledge regarding the discussion
would reasonably be expected to result in private loss to the
providers of this information;
(n) To consider in the case of a health sciences and services authority, the substance of grant applications and grant
awards when public knowledge regarding the discussion
would reasonably be expected to result in private loss to the
providers of this information.
(2) Before convening in executive session, the presiding
officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the
time when the executive session will be concluded. The
executive session may be extended to a stated later time by
(2010 Ed.)
Meetings
announcement of the presiding officer. [2010 1st sp.s. c 33 §
5; 2005 c 424 § 13; 2003 c 277 § 1; 2001 c 216 § 1; 1989 c
238 § 2; 1987 c 389 § 3; 1986 c 276 § 8; 1985 c 366 § 2; 1983
c 155 § 3; 1979 c 42 § 1; 1973 c 66 § 2; 1971 ex.s. c 250 § 11.]
Captions not law—Liberal construction—Severability—Effective
dates—2005 c 424: See RCW 43.350.900 through 43.350.903.
Additional notes found at www.leg.wa.gov
Chapter 42.32
meeting during which the governing body is planning or
adopting the strategy or position to be taken by the governing
body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings,
or reviewing the proposals made in the negotiations or proceedings while in progress. [1990 c 98 § 1; 1989 c 175 § 94;
1973 c 66 § 4; 1971 ex.s. c 250 § 14.]
Drug reimbursement policy recommendations: RCW 43.20A.365.
42.30.120 Violations—Personal liability—Penalty—
Attorney fees and costs. (1) Each member of the governing
body who attends a meeting of such governing body where
action is taken in violation of any provision of this chapter
applicable to him, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability
in the form of a civil penalty in the amount of one hundred
dollars. The civil penalty shall be assessed by a judge of the
superior court and an action to enforce this penalty may be
brought by any person. A violation of this chapter does not
constitute a crime and assessment of the civil penalty by a
judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(2) Any person who prevails against a public agency in
any action in the courts for a violation of this chapter shall be
awarded all costs, including reasonable attorney fees,
incurred in connection with such legal action. Pursuant to
RCW 4.84.185, any public agency who prevails in any action
in the courts for a violation of this chapter may be awarded
reasonable expenses and attorney fees upon final judgment
and written findings by the trial judge that the action was frivolous and advanced without reasonable cause. [1985 c 69 §
1; 1973 c 66 § 3; 1971 ex.s. c 250 § 12.]
42.30.120
42.30.130 Violations—Mandamus or injunction.
Any person may commence an action either by mandamus or
injunction for the purpose of stopping violations or preventing threatened violations of this chapter by members of a
governing body. [1971 ex.s. c 250 § 13.]
Mediation testimony competency: RCW 5.60.070 and 5.60.072.
Additional notes found at www.leg.wa.gov
42.30.200 Governing body of recognized student
association at college or university—Chapter applicability to. The multimember student board which is the governing body of the recognized student association at a given
campus of a public institution of higher education is hereby
declared to be subject to the provisions of the open public
meetings act as contained in this chapter, as now or hereafter
amended. For the purposes of this section, "recognized student association" shall mean any body at any of the state’s
colleges and universities which selects officers through a process approved by the student body and which represents the
interests of students. Any such body so selected shall be recognized by and registered with the respective boards of trustees and regents of the state’s colleges and universities: PROVIDED, That there be no more than one such association representing undergraduate students, no more than one such
association representing graduate students, and no more than
one such association representing each group of professional
students so recognized and registered at any of the state’s colleges or universities. [1980 c 49 § 1.]
42.30.200
42.30.130
42.30.210 Assistance by attorney general. The attorney general’s office may provide information, technical
assistance, and training on the provisions of this chapter.
[2001 c 216 § 2.]
42.30.210
42.30.900 Short title. This chapter may be cited as the
"Open Public Meetings Act of 1971". [1971 ex.s. c 250 §
16.]
42.30.900
42.30.140 Chapter controlling—Application. If any
provision of this chapter conflicts with the provisions of any
other statute, the provisions of this chapter shall control:
PROVIDED, That this chapter shall not apply to:
(1) The proceedings concerned with the formal issuance
of an order granting, suspending, revoking, or denying any
license, permit, or certificate to engage in any business, occupation, or profession or to any disciplinary proceedings
involving a member of such business, occupation, or profession, or to receive a license for a sports activity or to operate
any mechanical device or motor vehicle where a license or
registration is necessary; or
(2) That portion of a meeting of a quasi-judicial body
which relates to a quasi-judicial matter between named parties as distinguished from a matter having general effect on
the public or on a class or group; or
(3) Matters governed by chapter 34.05 RCW, the
Administrative Procedure Act; or
(4)(a) Collective bargaining sessions with employee
organizations, including contract negotiations, grievance
meetings, and discussions relating to the interpretation or
application of a labor agreement; or (b) that portion of a
42.30.140
(2010 Ed.)
42.30.910 Construction—1971 ex.s. c 250. The purposes of this chapter are hereby declared remedial and shall
be liberally construed. [1971 ex.s. c 250 § 18.]
42.30.910
42.30.920 Severability—1971 ex.s. c 250. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 250 § 19.]
42.30.920
Chapter 42.32 RCW
Chapter 42.32
MEETINGS
Sections
42.32.030
Minutes.
Drug reimbursement policy recommendations: RCW 43.20A.365.
Open Public Meetings Act: Chapter 42.30 RCW.
[Title 42 RCW—page 97]
42.32.030
Title 42 RCW: Public Officers and Agencies
42.32.030 Minutes. The minutes of all regular and special meetings except executive sessions of such boards, commissions, agencies or authorities shall be promptly recorded
and such records shall be open to public inspection. [1953 c
216 § 3.]
42.32.030
Reviser’s note: RCW 42.32.010 and 42.32.020 were repealed by 1971
ex.s. c 250 § 15; later enactment, see chapter 42.30 RCW.
Chapter 42.36
Chapter 42.36 RCW
APPEARANCE OF FAIRNESS
DOCTRINE—LIMITATIONS
42.36.070
42.36.080
42.36.090
42.36.100
42.36.110
42.36.900
*Reviser’s note: RCW 42.17.020 was amended by 1991 sp.s. c 18 § 1,
changing subsection (25) to subsection (26). The section was subsequently
amended by 1995 c 397 § 1, changing subsections (5) and (26) to subsections
(8) and (35), respectively. Further amendment by 2005 c 445 § 6, changed
subsections (8) and (35) to subsections (9) and (40), respectively. Further
amendment by 2007 c 358 § 1, changed subsection (40) to subsection (41),
effective January 1, 2008. RCW 42.17.020 was recodified as RCW
42.17A.005 pursuant to 2010 c 204 § 1102, effective January 1, 2012. Further amendment by 2010 c 204 § 101, renumbered subsections (9) and (41)
to subsections (7) and (40), respectively, effective January 1, 2012.
42.36.050 Campaign contributions. A candidate for
public office who complies with all provisions of applicable
public disclosure and ethics laws shall not be limited from
accepting campaign contributions to finance the campaign,
including outstanding debts; nor shall it be a violation of the
appearance of fairness doctrine to accept such campaign contributions. [1982 c 229 § 5.]
42.36.050
Sections
42.36.010
42.36.020
42.36.030
42.36.040
42.36.050
42.36.060
shall be a violation of the appearance of fairness doctrine.
[1982 c 229 § 4.]
Local land use decisions.
Members of local decision-making bodies.
Legislative action of local executive or legislative officials.
Public discussion by candidate for public office.
Campaign contributions.
Quasi-judicial proceedings—Ex parte communications prohibited, exceptions.
Quasi-judicial proceedings—Prior advisory proceedings.
Disqualification based on doctrine—Time limitation for raising challenge.
Participation of challenged member of decision-making body.
Judicial restriction of doctrine not prohibited—Construction
of chapter.
Right to fair hearing not impaired.
Severability—1982 c 229.
42.36.010 Local land use decisions. Application of the
appearance of fairness doctrine to local land use decisions
shall be limited to the quasi-judicial actions of local decisionmaking bodies as defined in this section. Quasi-judicial
actions of local decision-making bodies are those actions of
the legislative body, planning commission, hearing examiner,
zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties
in a hearing or other contested case proceeding. Quasi-judicial actions do not include the legislative actions adopting,
amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the
adoption of area-wide zoning ordinances or the adoption of a
zoning amendment that is of area-wide significance. [1982 c
229 § 1.]
42.36.010
42.36.020 Members of local decision-making bodies.
No member of a local decision-making body may be disqualified by the appearance of fairness doctrine for conducting
the business of his or her office with any constituent on any
matter other than a quasi-judicial action then pending before
the local legislative body. [1982 c 229 § 2.]
42.36.020
42.36.030 Legislative action of local executive or legislative officials. No legislative action taken by a local legislative body, its members, or local executive officials shall be
invalidated by an application of the appearance of fairness
doctrine. [1982 c 229 § 3.]
42.36.030
42.36.040 Public discussion by candidate for public
office. Prior to declaring as a candidate for public office or
while campaigning for public office as defined by *RCW
42.17.020 (5) and (25) no public discussion or expression of
an opinion by a person subsequently elected to a public
office, on any pending or proposed quasi-judicial actions,
42.36.040
[Title 42 RCW—page 98]
Public disclosure of campaign finances: Chapter 42.17 RCW.
42.36.060 Quasi-judicial proceedings—Ex parte
communications prohibited, exceptions. During the pendency of any quasi-judicial proceeding, no member of a decision-making body may engage in ex parte communications
with opponents or proponents with respect to the proposal
which is the subject of the proceeding unless that person:
(1) Places on the record the substance of any written or
oral ex parte communications concerning the decision of
action; and
(2) Provides that a public announcement of the content
of the communication and of the parties’ rights to rebut the
substance of the communication shall be made at each hearing where action is considered or taken on the subject to
which the communication related. This prohibition does not
preclude a member of a decision-making body from seeking
in a public hearing specific information or data from such
parties relative to the decision if both the request and the
results are a part of the record. Nor does such prohibition preclude correspondence between a citizen and his or her elected
official if any such correspondence is made a part of the
record when it pertains to the subject matter of a quasi-judicial proceeding. [1984 c 191 § 1; 1982 c 229 § 6.]
42.36.060
42.36.070 Quasi-judicial proceedings—Prior advisory proceedings. Participation by a member of a decisionmaking body in earlier proceedings that result in an advisory
recommendation to a decision-making body shall not disqualify that person from participating in any subsequent
quasi-judicial proceeding. [1982 c 229 § 7.]
42.36.070
42.36.080 Disqualification based on doctrine—Time
limitation for raising challenge. Anyone seeking to rely on
the appearance of fairness doctrine to disqualify a member of
a decision-making body from participating in a decision must
raise the challenge as soon as the basis for disqualification is
made known to the individual. Where the basis is known or
should reasonably have been known prior to the issuance of a
decision and is not raised, it may not be relied on to invalidate
the decision. [1982 c 229 § 8.]
42.36.080
(2010 Ed.)
State Employee Whistleblower Protection
42.36.090 Participation of challenged member of
decision-making body. In the event of a challenge to a
member or members of a decision-making body which would
cause a lack of a quorum or would result in a failure to obtain
a majority vote as required by law, any such challenged
member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if
the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation
shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine. [1982 c 229 §
9.]
42.36.090
42.36.100 Judicial restriction of doctrine not prohibited—Construction of chapter. Nothing in this chapter prohibits the restriction or elimination of the appearance of fairness doctrine by the appellate courts. Nothing in this chapter
may be construed to expand the appearance of fairness doctrine. [1982 c 229 § 10.]
42.36.100
42.36.110 Right to fair hearing not impaired. Nothing in this chapter prohibits challenges to local land use decisions where actual violations of an individual’s right to a fair
hearing can be demonstrated. [1982 c 229 § 11.]
42.36.110
42.36.900 Severability—1982 c 229. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 229 § 12.]
42.36.900
Chapter 42.40
Chapter 42.40 RCW
STATE EMPLOYEE
WHISTLEBLOWER PROTECTION
Sections
42.40.010
42.40.020
42.40.030
42.40.035
42.40.040
42.40.050
42.40.070
42.40.080
42.40.090
42.40.100
42.40.110
42.40.900
42.40.901
42.40.910
Policy.
Definitions.
Right to disclose improper governmental actions—Interference prohibited.
Duty of correctness—Penalties for false information.
Report of improper governmental action—Investigations and
reports by auditor, agency.
Retaliatory action against whistleblower—Remedies.
Summary of chapter available to employees.
Contracting for assistance.
Administrative costs.
Assertions against auditor.
Performance audit.
Severability—1982 c 208.
Severability—2008 c 266.
Application of chapter.
42.40.010 Policy. It is the policy of the legislature that
employees should be encouraged to disclose, to the extent not
expressly prohibited by law, improper governmental actions,
and it is the intent of the legislature to protect the rights of
state employees making these disclosures. It is also the policy
of the legislature that employees should be encouraged to
identify rules warranting review or provide information to the
rules review committee, and it is the intent of the legislature
to protect the rights of these employees. [1995 c 403 § 508;
1982 c 208 § 1.]
42.40.010
(2010 Ed.)
42.40.020
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
42.40.020 Definitions. As used in this chapter, the
terms defined in this section shall have the meanings indicated unless the context clearly requires otherwise.
(1) "Auditor" means the office of the state auditor.
(2) "Employee" means any individual employed or holding office in any department or agency of state government.
(3) "Good faith" means the individual providing the
information or report of improper governmental activity has
a reasonable basis in fact for reporting or providing the information. An individual who knowingly provides or reports, or
who reasonably ought to know he or she is providing or
reporting, malicious, false, or frivolous information, or information that is provided with reckless disregard for the truth,
or who knowingly omits relevant information is not acting in
good faith.
(4) "Gross mismanagement" means the exercise of management responsibilities in a manner grossly deviating from
the standard of care or competence that a reasonable person
would observe in the same situation.
(5) "Gross waste of funds" means to spend or use funds
or to allow funds to be used without valuable result in a manner grossly deviating from the standard of care or competence
that a reasonable person would observe in the same situation.
(6)(a) "Improper governmental action" means any action
by an employee undertaken in the performance of the
employee’s official duties:
(i) Which is a gross waste of public funds or resources as
defined in this section;
(ii) Which is in violation of federal or state law or rule, if
the violation is not merely technical or of a minimum nature;
(iii) Which is of substantial and specific danger to the
public health or safety;
(iv) Which is gross mismanagement; or
(v) Which prevents the dissemination of scientific opinion or alters technical findings without scientifically valid
justification, unless state law or a common law privilege prohibits disclosure. This provision is not meant to preclude the
discretion of agency management to adopt a particular scientific opinion or technical finding from among differing opinions or technical findings to the exclusion of other scientific
opinions or technical findings. Nothing in this subsection
prevents or impairs a state agency’s or public official’s ability to manage its public resources or its employees in the performance of their official job duties. This subsection does
not apply to de minimis, technical disagreements that are not
relevant for otherwise improper governmental activity.
Nothing in this provision requires the auditor to contract or
consult with external experts regarding the scientific validity,
invalidity, or justification of a finding or opinion.
(b) "Improper governmental action" does not include
personnel actions, for which other remedies exist, including
but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments,
reinstatements, restorations, reemployments, performance
evaluations, reductions in pay, dismissals, suspensions,
demotions, violations of the state civil service law, alleged
labor agreement violations, reprimands, claims of discrimi42.40.020
[Title 42 RCW—page 99]
42.40.030
Title 42 RCW: Public Officers and Agencies
natory treatment, or any action which may be taken under
chapter 41.06 RCW, or other disciplinary action except as
provided in RCW 42.40.030.
(7) "Public official" means the attorney general’s designee or designees; the director, or equivalent thereof in the
agency where the employee works; an appropriate number of
individuals designated to receive whistleblower reports by
the head of each agency; or the executive ethics board.
(8) "Substantial and specific danger" means a risk of
serious injury, illness, peril, or loss, to which the exposure of
the public is a gross deviation from the standard of care or
competence which a reasonable person would observe in the
same situation.
(9) "Use of official authority or influence" includes
threatening, taking, directing others to take, recommending,
processing, or approving any personnel action such as an
appointment, promotion, transfer, assignment including but
not limited to duties and office location, reassignment, reinstatement, restoration, reemployment, performance evaluation, determining any material changes in pay, provision of
training or benefits, tolerance of a hostile work environment,
or any adverse action under chapter 41.06 RCW, or other disciplinary action.
(10)(a) "Whistleblower" means:
(i) An employee who in good faith reports alleged
improper governmental action to the auditor or other public
official, as defined in subsection (7) of this section, initiating
an investigation by the auditor under RCW 42.40.040; or
(ii) An employee who is perceived by the employer as
reporting, whether they did or not, alleged improper governmental action to the auditor or other public official, as
defined in subsection (7) of this section, initiating an investigation by the auditor under RCW 42.40.040.
(b) For purposes of the provisions of this chapter and
chapter 49.60 RCW relating to reprisals and retaliatory
action, the term "whistleblower" also means:
(i) An employee who in good faith provides information
to the auditor or other public official, as defined in subsection
(7) of this section, in connection with an investigation under
RCW 42.40.040 and an employee who is believed to have
reported asserted improper governmental action to the auditor or other public official, as defined in subsection (7) of this
section, or to have provided information to the auditor or
other public official, as defined in subsection (7) of this section, in connection with an investigation under RCW
42.40.040 but who, in fact, has not reported such action or
provided such information; or
(ii) An employee who in good faith identifies rules warranting review or provides information to the rules review
committee, and an employee who is believed to have identified rules warranting review or provided information to the
rules review committee but who, in fact, has not done so.
[2008 c 266 § 2; 1999 c 361 § 1; 1995 c 403 § 509; 1992 c 118
§ 1; 1989 c 284 § 1; 1982 c 208 § 2.]
Findings—Intent—2008 c 266: "The legislature finds and declares
that government exists to conduct the people’s business, and the people
remaining informed about the actions of government contributes to the oversight of how the people’s business is conducted. The legislature further finds
that many public servants who expose actions of their government that are
contrary to the law or public interest face the potential loss of their careers
and livelihoods.
It is the policy of the legislature that employees should be encouraged
[Title 42 RCW—page 100]
to disclose, to the extent not expressly prohibited by law, improper governmental actions, and it is the intent of the legislature to protect the rights of
state employees making these disclosures. It is also the policy of the legislature that employees should be encouraged to identify rules warranting
review or provide information to the rules review committee, and it is the
intent of the legislature to protect the rights of these employees.
This act shall be broadly construed in order to effectuate the purpose of
this act." [2008 c 266 § 1.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
42.40.030 Right to disclose improper governmental
actions—Interference prohibited. (1) An employee shall
not directly or indirectly use or attempt to use the employee’s
official authority or influence for the purpose of intimidating,
threatening, coercing, commanding, influencing, or attempting to intimidate, threaten, coerce, command, or influence
any individual for the purpose of interfering with the right of
the individual to: (a) Disclose to the auditor (or representative thereof) or other public official, as defined in RCW
42.40.020, information concerning improper governmental
action; or (b) identify rules warranting review or provide
information to the rules review committee.
(2) Nothing in this section authorizes an individual to
disclose information otherwise prohibited by law, except to
the extent that information is necessary to substantiate the
whistleblower complaint, in which case information may be
disclosed to the auditor or public official, as defined in RCW
42.40.020, by the whistleblower for the limited purpose of
providing information related to the complaint. Any information provided to the auditor or public official under the
authority of this subsection may not be further disclosed.
[2008 c 266 § 3; 1995 c 403 § 510; 1989 c 284 § 2; 1982 c 208
§ 3.]
42.40.030
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
42.40.035 Duty of correctness—Penalties for false
information. An employee must make a reasonable attempt
to ascertain the correctness of the information furnished and
may be subject to disciplinary actions, including, but not limited to, suspension or termination, for knowingly furnishing
false information as determined by the employee’s appointing authority. [1999 c 361 § 2.]
42.40.035
42.40.040 Report of improper governmental
action—Investigations and reports by auditor, agency.
(1)(a) In order to be investigated, an assertion of improper
governmental action must be provided to the auditor or other
public official within one year after the occurrence of the
asserted improper governmental action. The public official,
as defined in RCW 42.40.020, receiving an assertion of
improper governmental action must report the assertion to the
auditor within fifteen calendar days of receipt of the assertion. The auditor retains sole authority to investigate an
assertion of improper governmental action including those
made to a public official. A failure of the public official to
report the assertion to the auditor within fifteen days does not
impair the rights of the whistleblower.
42.40.040
(2010 Ed.)
State Employee Whistleblower Protection
(b) Except as provided under RCW 42.40.910 for legislative and judicial branches of government, the auditor has
the authority to determine whether to investigate any assertions received. In determining whether to conduct either a
preliminary or further investigation, the auditor shall consider factors including, but not limited to: The nature and
quality of evidence and the existence of relevant laws and
rules; whether the action was isolated or systematic; the history of previous assertions regarding the same subject or subjects or subject matter; whether other avenues are available
for addressing the matter; whether the matter has already
been investigated or is in litigation; the seriousness or significance of the asserted improper governmental action; and the
cost and benefit of the investigation. The auditor has the sole
discretion to determine the priority and weight given to these
and other relevant factors and to decide whether a matter is to
be investigated. The auditor shall document the factors considered and the analysis applied.
(c) The auditor also has the authority to investigate assertions of improper governmental actions as part of an audit
conducted under chapter 43.09 RCW. The auditor shall document the reasons for handling the matter as part of such an
audit.
(2) Subject to subsection (5)(c) of this section, the identity or identifying characteristics of a whistleblower is confidential at all times unless the whistleblower consents to disclosure by written waiver or by acknowledging his or her
identity in a claim against the state for retaliation. In addition, the identity or identifying characteristics of any person
who in good faith provides information in an investigation
under this section is confidential at all times, unless the person consents to disclosure by written waiver or by acknowledging his or her identity as a witness who provides information in an investigation.
(3) Upon receiving specific information that an
employee has engaged in improper governmental action, the
auditor shall, within fifteen working days of receipt of the
information, mail written acknowledgement to the whistleblower at the address provided stating whether a preliminary
investigation will be conducted. For a period not to exceed
sixty working days from receipt of the assertion, the auditor
shall conduct such preliminary investigation of the matter as
the auditor deems appropriate.
(4) In addition to the authority under subsection (3) of
this section, the auditor may, on its own initiative, investigate
incidents of improper state governmental action.
(5)(a) If it appears to the auditor, upon completion of the
preliminary investigation, that the matter is so unsubstantiated that no further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the
whistleblower summarizing where the allegations are deficient, and provide a reasonable opportunity to reply. Such
notification may be by electronic means.
(b) The written notification shall contain a summary of
the information received and of the results of the preliminary
investigation with regard to each assertion of improper governmental action.
(c) In any case to which this section applies, the identity
or identifying characteristics of the whistleblower shall be
kept confidential unless the auditor determines that the information has been provided other than in good faith. If the
(2010 Ed.)
42.40.040
auditor makes such a determination, the auditor shall provide
reasonable advance notice to the employee.
(d) With the agency’s consent, the auditor may forward
the assertions to an appropriate agency to investigate and
report back to the auditor no later than sixty working days
after the assertions are received from the auditor. The auditor
is entitled to all investigative records resulting from such a
referral. All procedural and confidentiality provisions of this
chapter apply to investigations conducted under this subsection. The auditor shall document the reasons the assertions
were referred.
(6) During the preliminary investigation, the auditor
shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the
agency head. The notification shall include the relevant facts
and laws known at the time and the procedure for the subject
or subjects of the investigation and the agency head to
respond to the assertions and information obtained during the
investigation. This notification does not limit the auditor
from considering additional facts or laws which become
known during further investigation.
(a) If it appears to the auditor after completion of the preliminary investigation that further investigation, prosecution,
or administrative action is warranted, the auditor shall so
notify the whistleblower, the subject or subjects of the investigation, and the agency head and either conduct a further
investigation or issue a report under subsection (9) of this
section.
(b) If the preliminary investigation resulted from an
anonymous assertion, a decision to conduct further investigation shall be subject to review by a three-person panel convened as necessary by the auditor prior to the commencement
of any additional investigation. The panel shall include a
state auditor representative knowledgeable of the subject
agency operations, a citizen volunteer, and a representative of
the attorney general’s office. This group shall be briefed on
the preliminary investigation and shall recommend whether
the auditor should proceed with further investigation.
(c) If further investigation is to occur, the auditor shall
provide written notification of the nature of the assertions to
the subject or subjects of the investigation and the agency
head. The notification shall include the relevant facts known
at the time and the procedure to be used by the subject or subjects of the investigation and the agency head to respond to
the assertions and information obtained during the investigation.
(7) Within sixty working days after the preliminary
investigation period in subsection (3) of this section, the auditor shall complete the investigation and report its findings to
the whistleblower unless written justification for the delay is
furnished to the whistleblower, agency head, and subject or
subjects of the investigation. In all such cases, the report of
the auditor’s investigation and findings shall be sent to the
whistleblower within one year after the information was filed
under subsection (3) of this section.
(8)(a) At any stage of an investigation under this section
the auditor may require by subpoena the attendance and testimony of witnesses and the production of documentary or
other evidence relating to the investigation at any designated
place in the state. The auditor may issue subpoenas, administer oaths, examine witnesses, and receive evidence. In the
[Title 42 RCW—page 101]
42.40.050
Title 42 RCW: Public Officers and Agencies
case of contumacy or failure to obey a subpoena, the superior
court for the county in which the person to whom the subpoena is addressed resides or is served may issue an order
requiring the person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the
court as a contempt thereof.
(b) The auditor may order the taking of depositions at
any stage of a proceeding or investigation under this chapter.
Depositions shall be taken before an individual designated by
the auditor and having the power to administer oaths. Testimony shall be reduced to writing by or under the direction of
the individual taking the deposition and shall be subscribed
by the deponent.
(c) Agencies shall cooperate fully in the investigation
and shall take appropriate action to preclude the destruction
of any evidence during the course of the investigation.
(d) During the investigation the auditor shall interview
each subject of the investigation. If it is determined there is
reasonable cause to believe improper governmental action
has occurred, the subject or subjects and the agency head
shall be given fifteen working days to respond to the assertions prior to the issuance of the final report.
(9)(a) If the auditor determines there is reasonable cause
to believe an employee has engaged in improper governmental action, the auditor shall report, to the extent allowable
under existing public disclosure laws, the nature and details
of the activity to:
(i) The subject or subjects of the investigation and the
head of the employing agency;
(ii) If appropriate, the attorney general or such other
authority as the auditor determines appropriate;
(iii) Electronically to the governor, secretary of the senate, and chief clerk of the house of representatives; and
(iv) Except for information whose release is specifically
prohibited by statute or executive order, the public through
the public file of whistleblower reports maintained by the
auditor.
(b) The auditor has no enforcement power except that in
any case in which the auditor submits an investigative report
containing reasonable cause determinations to the agency,
the agency shall send its plan for resolution to the auditor
within fifteen working days of having received the report.
The agency is encouraged to consult with the subject or subjects of the investigation in establishing the resolution plan.
The auditor may require periodic reports of agency action
until all resolution has occurred. If the auditor determines
that appropriate action has not been taken, the auditor shall
report the determination to the governor and to the legislature
and may include this determination in the agency audit under
chapter 43.09 RCW.
(10) Once the auditor concludes that appropriate action
has been taken to resolve the matter, the auditor shall so
notify the whistleblower, the agency head, and the subject or
subjects of the investigation. If the resolution takes more
than one year, the auditor shall provide annual notification of
its status to the whistleblower, agency head, and subject or
subjects of the investigation.
(11) Failure to cooperate with such audit or investigation, or retaliation against anyone who assists the auditor by
engaging in activity protected by this chapter shall be
[Title 42 RCW—page 102]
reported as a separate finding with recommendations for corrective action in the associated report whenever it occurs.
(12) This section does not limit any authority conferred
upon the attorney general or any other agency of government
to investigate any matter. [2008 c 266 § 4; 1999 c 361 § 3;
1992 c 118 § 2; 1989 c 284 § 3; 1982 c 208 § 4.]
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
42.40.050 Retaliatory action against whistleblower—
Remedies. (1)(a) Any person who is a whistleblower, as
defined in RCW 42.40.020, and who has been subjected to
workplace reprisal or retaliatory action is presumed to have
established a cause of action for the remedies provided under
chapter 49.60 RCW.
(b) For the purpose of this section, "reprisal or retaliatory
action" means, but is not limited to, any of the following:
(i) Denial of adequate staff to perform duties;
(ii) Frequent staff changes;
(iii) Frequent and undesirable office changes;
(iv) Refusal to assign meaningful work;
(v) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;
(vi) Demotion;
(vii) Reduction in pay;
(viii) Denial of promotion;
(ix) Suspension;
(x) Dismissal;
(xi) Denial of employment;
(xii) A supervisor or superior behaving in or encouraging
coworkers to behave in a hostile manner toward the whistleblower;
(xiii) A change in the physical location of the
employee’s workplace or a change in the basic nature of the
employee’s job, if either are in opposition to the employee’s
expressed wish;
(xiv) Issuance of or attempt to enforce any nondisclosure
policy or agreement in a manner inconsistent with prior practice; or
(xv) Any other action that is inconsistent compared to
actions taken before the employee engaged in conduct protected by this chapter, or compared to other employees who
have not engaged in conduct protected by this chapter.
(2) The agency presumed to have taken retaliatory action
under subsection (1) of this section may rebut that presumption by proving by a preponderance of the evidence that there
have been a series of documented personnel problems or a
single, egregious event, or that the agency action or actions
were justified by reasons unrelated to the employee’s status
as a whistleblower and that improper motive was not a substantial factor.
(3) Nothing in this section prohibits an agency from
making any decision exercising its authority to terminate,
suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower.
However, the agency also shall implement any order under
chapter 49.60 RCW (other than an order of suspension if the
agency has terminated the retaliator). [2008 c 266 § 6; 1999
c 283 § 1; 1992 c 118 § 3; 1989 c 284 § 4; 1982 c 208 § 5.]
42.40.050
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
(2010 Ed.)
Local Government Whistleblower Protection
42.40.070 Summary of chapter available to employees. A written summary of this chapter and procedures for
reporting improper governmental actions established by the
auditor’s office shall be made available by each department
or agency of state government to each employee upon entering public employment. Such notices may be in agency internal newsletters, included with paychecks or stubs, sent via
electronic mail to all employees, or sent by other means that
are cost-effective and reach all employees of the government
level, division, or subdivision. Employees shall be notified
by each department or agency of state government each year
of the procedures and protections under this chapter. The
annual notices shall include a list of public officials, as
defined in RCW 42.40.020, authorized to receive whistleblower reports. The list of public officials authorized to
receive whistleblower reports shall also be prominently displayed in all agency offices. [2008 c 266 § 5; 1989 c 284 § 5;
1982 c 208 § 7.]
42.40.070
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
42.40.080 Contracting for assistance. The auditor has
the authority to contract for any assistance necessary to carry
out the provisions of this chapter. [1999 c 361 § 4.]
42.40.080
42.40.090 Administrative costs. The cost of administering this chapter is funded through the auditing services
revolving account created in RCW 43.09.410. [1999 c 361 §
5.]
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 208 § 14.]
42.40.901 Severability—2008 c 266. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2008 c 266 § 10.]
42.40.901
42.40.910 Application of chapter. Chapter 266, Laws
of 2008 and chapter 361, Laws of 1999 do not affect the jurisdiction of the legislative ethics board, the executive ethics
board, or the commission on judicial conduct, as set forth in
chapter 42.52 RCW. The senate, the house of representatives, and the supreme court shall adopt policies regarding the
applicability of chapter 42.40 RCW to the senate, house of
representatives, and judicial branch. [2008 c 266 § 9; 1999 c
361 § 7.]
42.40.910
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Chapter 42.41
42.40.090
42.40.100 Assertions against auditor. A whistleblower wishing to provide information under this chapter
regarding asserted improper governmental action against the
state auditor or an employee of that office shall provide the
information to the attorney general who shall act in place of
the auditor in investigating and reporting the matter. [1999 c
361 § 6.]
Chapter 42.41 RCW
LOCAL GOVERNMENT
WHISTLEBLOWER PROTECTION
Sections
42.41.010
42.41.020
42.41.030
42.40.100
42.40.110 Performance audit. The office of financial
management shall contract for a performance audit of the
state employee whistleblower program on a cycle to be determined by the office of financial management. The audit shall
be done in accordance with generally accepted government
auditing standards beginning with the fiscal year ending June
30, 2001. The audit shall determine at a minimum: Whether
the program is acquiring, protecting, and using its resources
such as personnel, property, and space economically and efficiently; the causes of inefficiencies or uneconomical practices; and whether the program has complied with laws and
rules on matters of economy and efficiency. The audit shall
also at a minimum determine the extent to which the desired
results or benefits established by the legislature are being
achieved, the effectiveness of the program, and whether the
auditor has complied with significant laws and rules applicable to the program.
The cost of the audit is a cost of operating the program
and shall be funded by the auditing services revolving
account created by RCW 43.09.410. [1999 c 361 § 8.]
42.41.020
42.41.040
42.41.045
42.41.050
42.41.060
42.41.900
42.41.901
42.41.902
Policy.
Definitions.
Right to report improper governmental action—Policies and
procedures.
Retaliatory action unlawful—Relief by whistleblower—Penalty.
Prohibition on intimidation of whistleblower—Nondisclosure
of protected information.
Exemptions.
Local government administrative hearings account.
Construction.
Effective dates—1992 c 44.
Severability—1992 c 44.
42.40.110
42.40.900 Severability—1982 c 208. If any provision
of this act or its application to any person or circumstance is
42.40.900
(2010 Ed.)
42.41.010 Policy. It is the policy of the legislature that
local government employees should be encouraged to disclose, to the extent not expressly prohibited by law, improper
governmental actions of local government officials and
employees. The purpose of this chapter is to protect local
government employees who make good-faith reports to
appropriate governmental bodies and to provide remedies for
such individuals who are subjected to retaliation for having
made such reports. [1992 c 44 § 1.]
42.41.010
42.41.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1)(a) "Improper governmental action" means any action
by a local government officer or employee:
(i) That is undertaken in the performance of the officer’s
or employee’s official duties, whether or not the action is
within the scope of the employee’s employment; and
(ii) That is in violation of any federal, state, or local law
or rule, is an abuse of authority, is of substantial and specific
danger to the public health or safety, or is a gross waste of
public funds.
42.41.020
[Title 42 RCW—page 103]
42.41.030
Title 42 RCW: Public Officers and Agencies
(b) "Improper governmental action" does not include
personnel actions including but not limited to employee
grievances, complaints, appointments, promotions, transfers,
assignments, reassignments, reinstatements, restorations,
reemployments, performance evaluations, reductions in pay,
dismissals, suspensions, demotions, violations of the local
government collective bargaining and civil service laws,
alleged labor agreement violations, reprimands, or any action
that may be taken under chapter 41.08, 41.12, 41.14, 41.56,
41.59, or 53.18 RCW or RCW 54.04.170 and 54.04.180.
(2) "Local government" means any governmental entity
other than the state, federal agencies, or an operating system
established under chapter 43.52 RCW. It includes, but is not
limited to cities, counties, school districts, and special purpose districts.
(3) "Retaliatory action" means: (a) Any adverse change
in a local government employee’s employment status, or the
terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent
and undesirable office changes, refusal to assign meaningful
work, unwarranted and unsubstantiated letters of reprimand
or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal, or any other disciplinary action; or (b)
hostile actions by another employee towards a local government employee that were encouraged by a supervisor or
senior manager or official.
(4) "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property.
[1994 c 210 § 1; 1992 c 44 § 2.]
42.41.030 Right to report improper governmental
action—Policies and procedures. (1) Every local government employee has the right to report to the appropriate person or persons information concerning an alleged improper
governmental action.
(2) The governing body or chief administrative officer of
each local government shall adopt a policy on the appropriate
procedures to follow for reporting such information and shall
provide information to their employees on the policy. Local
governments are encouraged to consult with their employees
on the policy.
(3) The policy shall describe the appropriate person or
persons within the local government to whom to report information and a list of appropriate person or persons outside the
local government to whom to report. The list shall include the
county prosecuting attorney.
(4) Each local government shall permanently post a summary of the procedures for reporting information on an
alleged improper governmental action and the procedures for
protection against retaliatory actions described in RCW
42.41.040 in a place where all employees will have reasonable access to it. A copy of the summary shall be made available to any employee upon request.
(5) A local government may require as part of its policy
that, except in the case of an emergency, before an employee
provides information of an improper governmental action to
a person or an entity who is not a public official or a person
listed pursuant to subsection (3) of this section, the employee
shall submit a written report to the local government. Where
a local government has adopted such a policy under this sec42.41.030
[Title 42 RCW—page 104]
tion, an employee who fails to make a good faith attempt to
follow the policy shall not receive the protections of this
chapter.
(6) If a local government has failed to adopt a policy as
required by subsection (2) of this section, an employee may
report alleged improper government action directly to the
county prosecuting attorney or, if the prosecuting attorney or
an employee of the prosecuting attorney participated in the
alleged improper government action, to the state auditor. The
cost incurred by the state auditor in such investigations shall
be paid by the local government through the municipal
revolving account authorized in RCW 43.09.282.
(7) The identity of a reporting employee shall be kept
confidential to the extent possible under law, unless the
employee authorizes the disclosure of his or her identity in
writing. [1995 c 213 § 1; 1992 c 44 § 3.]
42.41.040 Retaliatory action unlawful—Relief by
whistleblower—Penalty. (1) It is unlawful for any local
government official or employee to take retaliatory action
against a local government employee because the employee
provided information in good faith in accordance with the
provisions of this chapter that an improper governmental
action occurred.
(2) In order to seek relief under this chapter, a local government employee shall provide a written notice of the
charge of retaliatory action to the governing body of the local
government that:
(a) Specifies the alleged retaliatory action; and
(b) Specifies the relief requested.
(3) The charge shall be delivered to the local government
no later than thirty days after the occurrence of the alleged
retaliatory action. The local government has thirty days to
respond to the charge of retaliatory action and request for
relief.
(4) Upon receipt of either the response of the local government or after the last day upon which the local government could respond, the local government employee may
request a hearing to establish that a retaliatory action
occurred and to obtain appropriate relief as defined in this
section. The request for a hearing shall be delivered to the
local government within fifteen days of delivery of the
response from the local government, or within fifteen days of
the last day on which the local government could respond.
(5) Within five working days of receipt of the request for
hearing, the local government shall apply to the state office of
administrative hearings for an adjudicative proceeding before
an administrative law judge. Except as otherwise provided in
this section, the proceedings shall comply with RCW
34.05.410 through 34.05.598.
(6) The employee, as the initiating party, must prove his
or her claim by a preponderance of the evidence. The administrative law judge shall issue a final decision consisting of
findings of fact, conclusions of law, and judgment no later
than forty-five days after the date the request for hearing was
delivered to the local government. The administrative law
judge may grant specific extensions of time beyond this
period of time for rendering a decision at the request of either
party upon a showing of good cause, or upon his or her own
motion.
42.41.040
(2010 Ed.)
Notaries Public
(7) Relief that may be granted by the administrative law
judge consists of reinstatement, with or without back pay,
and such injunctive relief as may be found to be necessary in
order to return the employee to the position he or she held
before the retaliatory action and to prevent any recurrence of
retaliatory action. The administrative law judge may award
costs and reasonable attorneys’ fees to the prevailing party.
(8) If a determination is made that retaliatory action has
been taken against the employee, the administrative law
judge may, in addition to any other remedy, impose a civil
penalty personally upon the retaliator of up to three thousand
dollars payable by each person found to have retaliated
against the employee and recommend to the local government that any person found to have retaliated against the
employee be suspended with or without pay or dismissed. All
penalties recovered shall be paid to the local government
administrative hearings account created in RCW 42.41.060.
(9) The final decision of the administrative law judge is
subject to judicial review under the arbitrary and capricious
standard. Relief ordered by the administrative law judge may
be enforced by petition to superior court. [1992 c 44 § 4.]
42.41.045 Prohibition on intimidation of whistleblower—Nondisclosure of protected information. (1) A
local government official or employee may not use his or her
official authority or influence, directly or indirectly, to
threaten, intimidate, or coerce an employee for the purpose of
interfering with that employee’s right to disclose information
concerning an improper governmental action in accordance
with the provisions of this chapter.
(2) Nothing in this section authorizes an individual to
disclose information prohibited by law. [1994 c 210 § 2.]
42.41.045
42.41.050 Exemptions. Any local government that has
adopted or adopts a program for reporting alleged improper
governmental actions and adjudicating retaliation resulting
from such reporting shall be exempt from this chapter if the
program meets the intent of this chapter. [1992 c 44 § 6.]
42.41.050
42.41.060 Local government administrative hearings
account. The local government administrative hearings
account is created in the custody of the state treasurer. All
receipts from penalties in RCW 42.41.040 and the surcharges
under RCW 43.09.2801 shall be deposited into the account.
Expenditures from the account may be used only for administrative hearings under this chapter. Only the chief administrative law judge or his or her designee may authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures. [1992 c 44 § 7.]
42.41.060
42.41.900 Construction. This chapter shall not be construed to permit disclosures that would diminish the rights of
any person to the continued protection of confidentiality of
communications where statute or common law provides such
protection. [1992 c 44 § 5.]
42.41.900
42.41.901 Effective dates—1992 c 44. Sections 1
through 10 of this act shall take effect January 1, 1993. Sec42.41.901
(2010 Ed.)
42.44.010
tion 11 of this act shall take effect July 1, 1992. [1992 c 44 §
13.]
42.41.902 Severability—1992 c 44. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 44 § 14.]
42.41.902
Chapter 42.44
Chapter 42.44 RCW
NOTARIES PUBLIC
Sections
42.44.010
42.44.020
42.44.030
42.44.050
42.44.060
42.44.070
42.44.080
42.44.090
42.44.100
42.44.110
42.44.120
42.44.130
42.44.140
42.44.150
42.44.160
42.44.170
42.44.180
42.44.190
42.44.200
42.44.210
42.44.900
42.44.901
42.44.902
42.44.903
Definitions.
Qualifications—Application—Bond.
Appointment—Denial for unprofessional conduct—Certificate of appointment.
Seal or stamp.
Term.
Reappointment without endorsements.
Standards for notarial acts.
Form of certificate—General—Seal or stamp as exclusive
property.
Short forms of certificate.
Illegible writing.
Fees.
Notarial acts by officials of other jurisdictions.
Notarial acts by federal authorities.
Notarial acts by foreign authorities.
Official misconduct—Penalty.
Revocation of appointment—Resignation.
Evidence of authenticity of notarial seal and signature.
Rules.
Transfer of records.
Uniform regulation of business and professions act.
Savings—1985 c 156.
Construction.
Severability—1985 c 156.
Effective date—1985 c 156.
42.44.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Director" means the director of licensing of the state
of Washington or the director’s designee.
(2) "Notarial act" and "notarization" mean: (a) Taking
an acknowledgment; (b) administering an oath or affirmation; (c) taking a verification upon oath or affirmation; (d)
witnessing or attesting a signature; (e) certifying or attesting
a copy; (f) receiving a protest of a negotiable instrument; (g)
certifying that an event has occurred or an act has been performed; and (h) any other act that a notary public of this state
is authorized to perform.
(3) "Notary public" and "notary" mean any person
appointed to perform notarial acts in this state.
(4) "Acknowledgment" means a statement by a person
that the person has executed an instrument as the person’s
free and voluntary act for the uses and purposes stated therein
and, if the instrument is executed in a representative capacity,
a statement that the person signed the document with proper
authority and executed it as the act of the person or entity represented and identified therein.
(5) "Verification upon oath or affirmation" means a
statement by a person who asserts it to be true and makes the
assertion upon oath or affirmation administered in accordance with chapter 5.28 RCW.
(6) "In a representative capacity" means:
42.44.010
[Title 42 RCW—page 105]
42.44.020
Title 42 RCW: Public Officers and Agencies
(a) For and on behalf of a corporation, partnership, trust,
or other entity, as an authorized officer, agent, partner,
trustee, or other representative;
(b) As a public officer, personal representative, guardian,
or other representative, in the capacity recited in the instrument;
(c) As an attorney-in-fact for a principal; or
(d) In any other capacity as an authorized representative
of another.
(7) "Serious crime" means any felony or any lesser
crime, a necessary element of which, as determined by the
statutory or common law definition of such crime, involves
interference with the administration of justice, false swearing, misrepresentation, fraud, the unauthorized practice of
law, deceit, bribery, extortion, misappropriation, theft, or an
attempt, a conspiracy, or the solicitation of another to commit
a serious crime. [1985 c 156 § 1.]
42.44.020 Qualifications—Application—Bond. (1)
The director may, upon application, appoint to be a notary
public in this state, any person who:
(a) Is at least eighteen years of age;
(b) Resides in Washington state, or resides in an adjoining state and is regularly employed in Washington state or
carries on business in Washington state; and
(c) Can read and write English.
(2) Each application shall be accompanied by endorsements by at least three residents of this state of the age of
eighteen or more, who are not relatives of the applicant, in the
following form:
On this day . . . . . . . . . appeared before me, signed this
Declaration of Application, and swore (or affirmed) that
(he/she) understood its contents and that its contents are
truthful.
Dated: . . . . . .
.....................
Signature of notary public
(Seal or stamp)
Residing at . . . . . . . . . . .
(5) Every applicant shall submit to the director proof
from a surety company that a ten thousand dollar surety bond,
insuring the proper performance of notarial acts by the applicant, will be effective for a term commencing on the date the
person is appointed, and expiring on the date the applicant’s
notary appointment expires. The surety for the bond shall be
a company qualified to write surety bonds in this state. [1985
c 156 § 2.]
42.44.020
I, (name of endorser) , being a person eligible to
vote in the state of Washington, believe the applicant for a
notary public appointment, (applicant’s name) , who is
not related to me, to be a person of integrity and good moral
character and capable of performing notarial acts.
.............................................
(Endorser’s signature and address, with date of signing)
(3) Every application for appointment as a notary public shall be accompanied by a fee established by the director by rule.
(4) Every applicant for appointment as a notary public
shall submit an application in a form prescribed by the
director, and shall sign the following declaration in the
presence of a notary public of this state:
Declaration of Applicant
I, (name of applicant) , solemnly swear or affirm
under penalty of perjury that the personal information I
have provided in this application is true, complete, and correct; that I carefully have read the materials provided with
the application describing the duties of a notary public in
and for the state of Washington; and, that I will perform, to
the best of my ability, all notarial acts in accordance with
the law.
.....................
(Signature of applicant)
State of Washington
County of . . . . . . . . . . . . .
[Title 42 RCW—page 106]
42.44.030 Appointment—Denial for unprofessional
conduct—Certificate of appointment. In addition to the
unprofessional conduct specified in RCW 18.235.130, the
director may deny appointment as a notary public to any person based on the following conduct, acts, or conditions:
(1) Has had disciplinary action taken against any professional license in this or any other state; or
(2) Has engaged in official misconduct as defined in
RCW 42.44.160(1), whether or not criminal penalties
resulted.
The director shall deliver a certificate evidencing the
appointment to each person appointed as a notary public. The
certificate may be signed in facsimile by the governor, the
secretary of state, and the director or the director’s designee.
The certificate must bear a printed seal of the state of Washington. [2002 c 86 § 287; 1985 c 156 § 3.]
42.44.030
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.050 Seal or stamp. Every person appointed as a
notary public in this state shall procure a seal or stamp, on
which shall be engraved or impressed the words "Notary
Public" and "State of Washington," the date the appointment
expires, the person’s surname, and at least the initials of the
person’s first and middle names. The director shall prescribe
by rule the size and form or forms of the seal or stamp. It is
unlawful for any person intentionally to manufacture, give,
sell, procure or possess a seal or stamp evidencing the current
appointment of a person as a notary public until the director
has delivered a certificate evidencing the appointment as provided for in *RCW 42.44.040. [1985 c 156 § 5.]
42.44.050
*Reviser’s note: RCW 42.44.040 was repealed by 2003 c 199 § 1.
42.44.060 Term. A person appointed as a notary public
by the director may perform notarial acts in this state for a
term of four years, unless:
(1) Disciplinary action has been taken against the notarial appointment, including a shorter term, suspension, or
revocation; or
42.44.060
(2010 Ed.)
Notaries Public
(2) The notarial appointment has been resigned. [2002 c
86 § 288; 1985 c 156 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.070 Reappointment without endorsements. A
person who has received an appointment as a notary public
may be reappointed without the endorsements required in
RCW 42.44.020(2) if the person submits a new application
before the expiration date of the current appointment. [1985
c 156 § 7.]
42.44.100
(9) The signature and seal or stamp of a notary public are
prima facie evidence that the signature of the notary is genuine and that the person is a notary public.
(10) A notary public is disqualified from performing a
notarial act when the notary is a signer of the document
which is to be notarized. [1987 c 76 § 3; 1985 c 156 § 8.]
42.44.070
42.44.080 Standards for notarial acts. A notary public is authorized to perform notarial acts in this state. Notarial
acts shall be performed in accordance with the following, as
applicable:
(1) In taking an acknowledgment, a notary public must
determine and certify, either from personal knowledge or
from satisfactory evidence, that the person appearing before
the notary public and making the acknowledgement is the
person whose true signature is on the document.
(2) In taking an acknowledgment authorized by RCW
64.08.100 from a person physically unable to sign his or her
name or make a mark, a notary public shall, in addition to
other requirements for taking an acknowledgment, determine
and certify from personal knowledge or satisfactory evidence
that the person appearing before the notary public is physically unable to sign his or her name or make a mark and is
otherwise competent. The notary public shall include in the
acknowledgment a statement that the signature in the
acknowledgment was obtained under the authority of RCW
64.08.100.
(3) In taking a verification upon oath or affirmation, a
notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing
before the notary public and making the verification is the
person whose true signature is on the statement verified.
(4) In witnessing or attesting a signature, a notary public
must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person
appearing before the notary public and named in the document.
(5) In certifying or attesting a copy of a document or
other item, a notary public must determine that the proffered
copy is a full, true, and accurate transcription or reproduction
of that which was copied.
(6) In making or noting a protest of a negotiable instrument, a notary public must determine the matters set forth in
*RCW 62A.3-509.
(7) In certifying that an event has occurred or an act has
been performed, a notary public must determine the occurrence or performance either from personal knowledge or
from satisfactory evidence based upon the oath or affirmation
of a credible witness personally known to the notary public.
(8) A notary public has satisfactory evidence that a person is the person described in a document if that person: (a)
Is personally known to the notary public; (b) is identified
upon the oath or affirmation of a credible witness personally
known to the notary public; or (c) is identified on the basis of
identification documents.
42.44.080
(2010 Ed.)
*Reviser’s note: RCW 62A.3-509 was repealed by 1993 c 229 § 76,
effective July 1, 1994.
42.44.090 Form of certificate—General—Seal or
stamp as exclusive property. (1) A notarial act by a notary
public must be evidenced by a certificate signed and dated by
a notary public. The certificate must include the name of the
jurisdiction in which the notarial act is performed and the title
of the notary public or other notarial officer and shall be
accompanied by an impression of the official seal or stamp. It
shall not be necessary for a notary public in certifying an oath
to be used in any of the courts in this state, to append an
impression of the official seal or stamp. If the notarial officer
is a notary public, the certificate shall also indicate the date of
expiration of such notary public’s appointment, but omission
of that information may subsequently be corrected.
(2) A certificate of a notarial act is sufficient if it meets
the requirements of subsection (1) of this section and it:
(a) Is in the short form set forth in RCW 42.44.100;
(b) Is in a form otherwise permitted or prescribed by the
laws of this state;
(c) Is in a form prescribed by the laws or regulations
applicable in the place in which the notarial act was performed; or
(d) Is in a form that sets forth the actions of the notary
public and the described actions are sufficient to meet the
requirements of the designated notarial act.
If any law of this state specifically requires a certificate
in a form other than that set forth in RCW 42.44.100 in connection with a form of document or transaction, the certificate required by such law shall be used for such document or
transaction.
(3) By executing a certificate of a notarial act, the notary
public certifies that he or she has made the determinations
required by RCW 42.44.080.
(4) A notary public’s seal or stamp shall be the exclusive
property of the notary public, shall not be used by any other
person, and shall not be surrendered to an employer upon termination of employment, regardless of whether the employer
paid for the seal or for the notary’s bond or appointment fees.
[1985 c 156 § 9.]
42.44.090
42.44.100 Short forms of certificate. The following
short forms of notarial certificates are sufficient for the purposes indicated, if completed with the information required
by this section:
(1) For an acknowledgment in an individual capacity:
42.44.100
State of Washington
County of . . . . . . . .
I certify that I know or have satisfactory evidence that
(name of person) is the person who appeared before me,
and said person acknowledged that (he/she) signed this
instrument and acknowledged it to be (his/her) free and vol[Title 42 RCW—page 107]
42.44.110
Title 42 RCW: Public Officers and Agencies
untary act for the uses and purposes mentioned in the instrument.
Dated: . . . . . . . . . . .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(5) For attestation of a copy of a document:
State of Washington
County of . . . . . . . .
I certify that this is a true and correct copy of a document
in the possession of . . . . . . as of this date.
Dated: . . . . . . . . . . .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(2) For an acknowledgment in a representative capacity:
State of Washington
County of . . . . . . . .
I certify that I know or have satisfactory evidence that
(name of person) is the person who appeared before me,
and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to
execute the instrument and acknowledged it as the (type of
authority, e.g., officer, trustee, etc.) of (name of party on
behalf of whom instrument was executed) to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
(6) For certifying the occurrence of an event or the performance of an act:
State of Washington
County of . . . . . . . .
I certify that the event or act described in this document
has occurred or been performed.
Dated: . . . . . . . . . . .
.....................
(Signature)
Dated: . . . . . . . . . . .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(3) For a verification upon oath or affirmation:
State of Washington
County of . . . . . . . .
Signed and sworn to (or affirmed) before me on
(date) by (name of person making statement) .
[1988 c 69 § 4; 1985 c 156 § 10.]
42.44.110 Illegible writing. The illegibility of any
wording, writing, or marking required under this chapter does
not in and of itself affect the validity of a document or transaction. [1985 c 156 § 11.]
42.44.110
42.44.120 Fees. (1) The director shall establish by rule
the maximum fees that may be charged by notaries public for
various notarial services.
(2) A notary public need not charge fees for notarial acts.
[1985 c 156 § 12.]
42.44.120
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(4) For witnessing or attesting a signature:
State of Washington
County of . . . . . . . .
Signed or attested before me on . . . . by . . . . . . . . .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
[Title 42 RCW—page 108]
42.44.130 Notarial acts by officials of other jurisdictions. (1) A notarial act has the same effect under the law of
this state as if performed by a notary public of this state, if
performed in another state, commonwealth, territory, district,
or possession of the United States by any of the following
persons:
(a) A notary public of that jurisdiction;
(b) A judge, clerk, or deputy clerk of a court of that jurisdiction; or
(c) Any other person authorized by the law of that jurisdiction to perform notarial acts.
Notarial acts performed in other jurisdictions of the
United States under federal authority as provided in RCW
42.44.140 have the same effect as if performed by a notarial
officer of this state.
42.44.130
(2010 Ed.)
Notaries Public
(2) The signature and title of a person performing a
notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
(3) The signature and title of an officer listed in subsection (1)(a) and (b) of this section conclusively establish the
authority of a holder of that title to perform a notarial act.
[1985 c 156 § 13.]
42.44.140 Notarial acts by federal authorities. (1) A
notarial act has the same effect under the law of this state as
if performed by a notary public of this state if performed by
any of the following persons under authority granted by the
law of the United States:
(a) A judge, clerk, or deputy clerk of a court;
(b) A commissioned officer in active service with the
military forces of the United States;
(c) An officer of the foreign service or consular agent of
the United States; or
(d) Any other person authorized by federal law to perform notarial acts.
(2) The signature and title of a person performing a
notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
(3) The signature and title or rank of an officer listed in
subsection (1)(a), (b), and (c) of this section conclusively
establish the authority of a holder of that title to perform a
notarial act. [1985 c 156 § 14.]
42.44.140
42.44.150 Notarial acts by foreign authorities. (1) A
notarial act has the same effect under the law of this state as
if performed by a notary public of this state if performed
within the jurisdiction of and under authority of a foreign
nation or its constituent units or a multinational or international organization by any of the following persons:
(a) A notary public or notary;
(b) A judge, clerk, or deputy clerk of a court of record; or
(c) Any other person authorized by the law of that jurisdiction to perform notarial acts.
(2) An "apostille" in the form prescribed by the Hague
Convention of October 5, 1961, conclusively establishes that
the signature of the notarial officer is genuine and that the
officer holds the designated office.
(3) A certificate by a foreign service or consular officer
of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate
by a foreign service or consular officer of that nation stationed in the United States, is prima facie evidence of the
authenticity or validity of the notarial act set forth in the certificate.
(4) A stamp or seal of the person performing the notarial
act is prima facie evidence that the signature is genuine and
that the person holds that designated title.
(5) A stamp or seal of an officer listed in subsection
(1)(a) or (b) of this section is prima facie evidence that a person with that title has authority to perform notarial acts.
(6) If the title of officer and indication of authority to
perform notarial acts appears either in a digest of foreign law
or in a list customarily used as a source for that information,
the authority of an officer with that title to perform notarial
acts is conclusively established. [1985 c 156 § 15.]
42.44.200
42.44.160 Official misconduct—Penalty. (1) A notary
public commits official misconduct when he or she signs a
certificate evidencing a notarial act, knowing that the contents of the certificate are false. Official misconduct also constitutes unprofessional conduct for which disciplinary action
may be taken.
(2) A notary public who commits an act of official misconduct shall be guilty of a gross misdemeanor.
(3) Any person not appointed as a notary public who acts
as or otherwise impersonates a notary public shall be guilty of
a gross misdemeanor. [2002 c 86 § 289; 1985 c 156 § 16.]
42.44.160
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.170 Revocation of appointment—Resignation.
(1) The director shall revoke the appointment of a notary public upon a judicial finding of incompetency of the notary public. If a notary public is found to be incompetent, his or her
guardian or conservator shall within thirty days of such finding mail or deliver to the director a letter of resignation on
behalf of the notary public.
(2) A notary public may voluntarily resign by mailing or
delivering to the director a letter of resignation. [2002 c 86 §
290; 1985 c 156 § 17.]
42.44.170
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.150
(2010 Ed.)
42.44.180 Evidence of authenticity of notarial seal
and signature. (1) The authenticity of the notarial seal and
official signature of a notary public of this state may be evidenced by:
(a) A certificate of authority from the director or the secretary of state; or
(b) An apostille in the form prescribed by the Hague
Convention Abolishing the Requirement of Legalization for
Foreign Public Documents of October 5, 1961.
(2) An apostille as specified by the Hague Convention
shall be attached to any document requiring authentication
that is sent to a nation that has signed and ratified the Hague
Convention Abolishing the Requirement of Legalization for
Foreign Public Documents. [1985 c 156 § 18.]
42.44.180
42.44.190 Rules. The director may adopt rules consistent with this chapter. Such rules shall include but shall not be
limited to rules concerning applications for appointment,
application and renewal fees, fees chargeable for notarial services, the replacement of lost or stolen seals or stamps,
changes of names or addresses of notaries, resignations of
notaries, and issuance of evidences of authenticity of notarial
seals and signatures. [2002 c 86 § 291; 1985 c 156 § 20.]
42.44.190
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.200 Transfer of records. Records relating to the
appointment and commissioning of notaries public that are in
the custody of county clerks of this state on *the effective
date of this act shall be transferred to the director of licensing
42.44.200
[Title 42 RCW—page 109]
42.44.210
Title 42 RCW: Public Officers and Agencies
on or before December 31, 1985. Such records may be
archived by the director. [1985 c 156 § 22.]
*Reviser’s note: As used in this section, the phrase "the effective date
of this act," is ambiguous; see RCW 42.44.903.
42.44.210 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 292.]
42.44.210
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.900 Savings—1985 c 156. Nothing in this act
may be interpreted to revoke any notary public appointment
or commission existing on January 1, 1986. This act does not
terminate, or in any way modify, any liability, civil or criminal, which exists on January 1, 1986. A notarial act performed before January 1, 1986, is not affected by this act.
[1985 c 156 § 21.]
42.44.900
42.44.901 Construction. RCW 42.44.010, 42.44.080,
42.44.090, 42.44.100, 42.44.130, 42.44.140, and 42.44.150
shall be applied and construed to effectuate their general purpose to make the law uniform with respect to the subject of
this chapter among states enacting such sections of this chapter. [1985 c 156 § 23.]
42.44.901
42.44.902 Severability—1985 c 156. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 156 § 24.]
42.44.902
42.44.903 Effective date—1985 c 156. Sections 1
through 19, 21, and 23 through 26 shall take effect on January
1, 1986. [1985 c 156 § 27.]
42.44.903
Chapter 42.48 RCW
RELEASE OF RECORDS FOR RESEARCH
Chapter 42.48
Sections
42.48.010
42.48.020
42.48.030
42.48.040
42.48.050
42.48.060
42.48.900
Definitions.
Access to personal records.
Charge for costs of assistance.
Disclosure by research professional.
Unauthorized disclosure—Penalties.
Exclusions from chapter.
Severability—1985 c 334.
42.48.010 Definitions. For the purposes of this chapter,
the following definitions apply:
(1) "Individually identifiable" means that a record contains information which reveals or can likely be associated
with the identity of the person or persons to whom the record
pertains.
(2) "Legally authorized representative" means a person
legally authorized to give consent for the disclosure of personal records on behalf of a minor or a legally incompetent
adult.
42.48.010
[Title 42 RCW—page 110]
(3) "Personal record" means any information obtained or
maintained by a state agency which refers to a person and
which is declared exempt from public disclosure, confidential, or privileged under state or federal law.
(4) "Research" means a planned and systematic sociological, psychological, epidemiological, biomedical, or other
scientific investigation carried out by a state agency, by a scientific research professional associated with a bona fide scientific research organization, or by a graduate student currently enrolled in an advanced academic degree curriculum,
with an objective to contribute to scientific knowledge, the
solution of social and health problems, or the evaluation of
public benefit and service programs. This definition excludes
methods of record analysis and data collection that are subjective, do not permit replication, and are not designed to
yield reliable and valid results.
(5) "Research record" means an item or grouping of
information obtained for the purpose of research from or
about a person or extracted for the purpose of research from a
personal record.
(6) "State agency" means: (a) The department of social
and health services; (b) the department of corrections; (c) an
institution of higher education as defined in RCW
28B.10.016; (d) the department of health; or (e) the department of early learning. [2007 c 17 § 6; 1989 1st ex.s. c 9 §
207; 1985 c 334 § 1.]
Additional notes found at www.leg.wa.gov
42.48.020
42.48.020 Access to personal records. (1) A state
agency may authorize or provide access to or provide copies
of an individually identifiable personal record for research
purposes if informed written consent for the disclosure has
been given to the appropriate department secretary, or the
president of the institution, as applicable, or his or her designee, by the person to whom the record pertains or, in the case
of minors and legally incompetent adults, the person’s legally
authorized representative.
(2) A state agency may authorize or provide access to or
provide copies of an individually identifiable personal record
for research purposes without the informed consent of the
person to whom the record pertains or the person’s legally
authorized representative, only if:
(a) The state agency adopts research review and approval
rules including, but not limited to, the requirement that the
appropriate department secretary, or the president of the institution, as applicable, appoint a standing human research
review board competent to review research proposals as to
ethical and scientific soundness; and the review board determines that the disclosure request has scientific merit and is of
importance in terms of the agency’s program concerns, that
the research purposes cannot be reasonably accomplished
without disclosure of the information in individually identifiable form and without waiver of the informed consent of the
person to whom the record pertains or the person’s legally
authorized representative, that disclosure risks have been
minimized, and that remaining risks are outweighed by anticipated health, safety, or scientific benefits; and
(b) The disclosure does not violate federal law or regulations; and
(2010 Ed.)
Release of Records for Research
(c) The state agency negotiates with the research professional receiving the records or record information a written
and legally binding confidentiality agreement prior to disclosure. The agreement shall:
(i) Establish specific safeguards to assure the continued
confidentiality and security of individually identifiable
records or record information;
(ii) Ensure that the research professional will report or
publish research findings and conclusions in a manner that
does not permit identification of the person whose record was
used for the research. Final research reports or publications
shall not include photographs or other visual representations
contained in personal records;
(iii) Establish that the research professional will destroy
the individual identifiers associated with the records or
record information as soon as the purposes of the research
project have been accomplished and notify the agency to this
effect in writing;
(iv) Prohibit any subsequent disclosure of the records or
record information in individually identifiable form except as
provided in RCW 42.48.040; and
(v) Provide for the signature of the research professional,
of any of the research professional’s team members who
require access to the information in identified form, and of
the agency official authorized to approve disclosure of identifiable records or record information for research purposes.
[1985 c 334 § 2.]
42.48.030 Charge for costs of assistance. In addition
to the copying charges provided in RCW 42.56.120, a state
agency may impose a reasonable charge for costs incurred in
providing assistance in the following research activities
involving personal records:
(1) Manual or computer screening of personal records
for scientific sampling purposes according to specifications
provided by the research professional;
(2) Manual or computer extraction of information from a
universe or sample of personal records according to specifications provided by the research professional;
(3) Statistical manipulation or analysis of personal
record information, whether manually or by computer,
according to specifications provided by the research professional.
The charges imposed by the agency may not exceed the
amount necessary to reimburse the agency for its actual costs
in providing requested research assistance. [2005 c 274 §
291; 1985 c 334 § 3.]
42.48.030
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
42.48.040 Disclosure by research professional. No
research professional who has established an individually
identifiable research record from personal record information
pursuant to RCW 42.48.020(2), or who has established a
research record from data or information voluntarily provided by an agency client or employee under a written confidentiality assurance for the explicit purpose of research, may
disclose such a record in individually identifiable form
unless:
42.48.040
(2010 Ed.)
42.48.900
(1) The person to whom the research record pertains or
the person’s legally authorized representative has given prior
informed written consent for the disclosure; or
(2) The research professional reasonably believes that
disclosure will prevent or minimize injury to a person and the
disclosure is limited to information necessary to protect the
person who has been or may be injured, and the research professional reports the disclosure only to the person involved or
the person’s guardian, the person’s physician, and the
agency; or
(3)(a) The research record is disclosed in individually
identifiable form for the purposes of auditing or evaluating a
research program; and
(b) The audit or evaluation is authorized or required by
federal or state law or regulation or is based upon an explicit
provision in a research contract, grant, or other written
research agreement; and
(c) No subsequent disclosure of the research record in
individually identifiable form will be made by the auditor or
evaluator except as provided in this section; or
(4) The research record is furnished in compliance with
a search warrant or court order: PROVIDED, That:
(a) The court issues the search warrant or judicial subpoena concerning the research record solely for the purpose
of facilitating inquiry into an alleged violation of law by the
research professional using the record for a research purpose
or by the agency; and
(b) Any research record obtained pursuant to (a) of this
subsection and any information directly or indirectly derived
from the research record shall remain confidential to the
extent possible and shall not be used as evidence in an administrative, judicial, or legislative proceeding except against the
research professional using the record for a research purpose
or against the state agency. [1985 c 334 § 4.]
42.48.050
42.48.050 Unauthorized disclosure—Penalties.
Unauthorized disclosure, whether wilful or negligent, by a
research professional who has obtained an individually identifiable personal record or record information from a state
agency pursuant to RCW 42.48.020(2) is a gross misdemeanor. In addition, violation of any provision of this chapter
by the research professional or the state agency may subject
the research professional or the agency to a civil penalty of
not more than ten thousand dollars for each such violation.
[1985 c 334 § 5.]
42.48.060
42.48.060 Exclusions from chapter. Nothing in this
chapter is applicable to, or in any way affects, the powers and
duties of the state auditor or the joint legislative audit and
review committee. [1996 c 288 § 34; 1985 c 334 § 6.]
42.48.900
42.48.900 Severability—1985 c 334. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 334 § 8.]
[Title 42 RCW—page 111]
Chapter 42.52
Chapter 42.52
Title 42 RCW: Public Officers and Agencies
Chapter 42.52 RCW
ETHICS IN PUBLIC SERVICE
Sections
42.52.010
42.52.020
42.52.030
42.52.040
42.52.050
42.52.060
42.52.070
42.52.080
42.52.090
42.52.100
42.52.110
42.52.120
42.52.130
42.52.140
42.52.150
42.52.160
42.52.170
42.52.180
42.52.185
42.52.190
42.52.200
42.52.220
42.52.310
42.52.320
42.52.330
42.52.340
42.52.350
42.52.360
42.52.370
42.52.380
42.52.390
42.52.400
42.52.410
42.52.420
42.52.425
42.52.430
42.52.440
42.52.450
42.52.460
42.52.470
42.52.480
42.52.490
42.52.500
42.52.510
42.52.520
42.52.530
42.52.540
42.52.550
42.52.560
42.52.570
42.52.800
42.52.801
42.52.802
42.52.8021
42.52.803
42.52.804
42.52.805
42.52.810
42.52.820
42.52.900
42.52.901
42.52.902
42.52.903
42.52.904
42.52.905
42.52.906
Definitions.
Activities incompatible with public duties.
Financial interests in transactions.
Assisting in transactions.
Confidential information—Improperly concealed records.
Testimony of state officers and state employees.
Special privileges.
Employment after public service.
Limited assistance by former state officers and employees.
Conditions on appearance before state agencies or doing business with the state—Hearing—Judicial review.
Compensation for official duties or nonperformance.
Compensation for outside activities.
Honoraria.
Gifts.
Limitations on gifts.
Use of persons, money, or property for private gain.
Giving, paying, loaning, etc., any thing of economic value to
state employee.
Use of public resources for political campaigns.
Restrictions on mailings by legislators.
Investments.
Agency rules.
Universities—Administrative processes.
Legislative ethics board.
Authority of legislative ethics board.
Interpretation.
Transfer of jurisdiction.
Executive ethics board.
Authority of executive ethics board.
Authority of commission on judicial conduct.
Political activities of board members.
Hearing and subpoena authority.
Enforcement of subpoena authority.
Filing complaint.
Investigation.
Dismissal of complaint.
Public hearing—Findings.
Review of order.
Complaint against legislator or statewide elected official.
Citizen actions.
Referral for enforcement.
Action by boards.
Action by attorney general.
Optional hearings by administrative law judge.
Rescission of state action.
Disciplinary action.
Additional investigative authority.
Limitations period.
Compensation of ethics boards.
Communications from an employee organization or charitable
organization—Distribution by state employee.
Private business activity policy—Department of fish and wildlife—Parks and recreation commission.
Exemptions—Solicitation for state capitol historic furnishings
and preservation and restoration of state legislative building.
Exemption—Solicitation to promote tourism.
Exemption—Solicitation for Washington state legacy project,
state library, and archives account.
Exemption—Solicitation for Washington state flag account.
Exemption—Solicitation for legislative oral history account.
Exemption—Health profession board or commission—Professional opinions.
Solicitation for charitable activities of executive branch state
employees—Limitations—Definitions.
Solicitation for the legislative international trade account—
Report.
Solicitation for hosting national legislative association conference.
Legislative declaration.
Liberal construction.
Parts and captions not law—1994 c 154.
Serving on board, committee, or commission not prevented.
Effective date—1994 c 154.
Severability—1994 c 154.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
[Title 42 RCW—page 112]
42.52.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means any state board, commission,
bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch of state
government. "Agency" includes all elective offices, the state
legislature, those institutions of higher education created and
supported by the state government, and those courts that are
parts of state government.
(2) "Head of agency" means the chief executive officer
of an agency. In the case of an agency headed by a commission, board, committee, or other body consisting of more than
one natural person, agency head means the person or board
authorized to appoint agency employees and regulate their
conduct.
(3) "Assist" means to act, or offer or agree to act, in such
a way as to help, aid, advise, furnish information to, or otherwise provide assistance to another person, believing that the
action is of help, aid, advice, or assistance to the person and
with intent so to assist such person.
(4) "Beneficial interest" has the meaning ascribed to it
under the Washington case law. However, an ownership
interest in a mutual fund or similar investment pooling fund
in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or
pool invests.
(5) "Compensation" means anything of economic value,
however designated, that is paid, loaned, granted, or transferred, or to be paid, loaned, granted, or transferred for, or in
consideration of, personal services to any person.
(6) "Confidential information" means (a) specific information, rather than generalized knowledge, that is not available to the general public on request or (b) information made
confidential by law.
(7) "Contract" or "grant" means an agreement between
two or more persons that creates an obligation to do or not to
do a particular thing. "Contract" or "grant" includes, but is
not limited to, an employment contract, a lease, a license, a
purchase agreement, or a sales agreement.
(8) "Ethics boards" means the commission on judicial
conduct, the legislative ethics board, and the executive ethics
board.
(9) "Family" has the same meaning as "immediate family" in *RCW 42.17.020.
(10) "Gift" means anything of economic value for which
no consideration is given. "Gift" does not include:
(a) Items from family members or friends where it is
clear beyond a reasonable doubt that the gift was not made as
part of any design to gain or maintain influence in the agency
of which the recipient is an officer or employee;
(b) Items related to the outside business of the recipient
that are customary and not related to the recipient’s performance of official duties;
(c) Items exchanged among officials and employees or a
social event hosted or sponsored by a state officer or state
employee for coworkers;
(d) Payments by a governmental or nongovernmental
entity of reasonable expenses incurred in connection with a
speech, presentation, appearance, or trade mission made in an
official capacity. As used in this subsection, "reasonable
42.52.010
(2010 Ed.)
Ethics in Public Service
expenses" are limited to travel, lodging, and subsistence
expenses incurred the day before through the day after the
event;
(e) Items a state officer or state employee is authorized
by law to accept;
(f) Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and
educational programs sponsored by a bona fide governmental
or nonprofit professional, educational, trade, or charitable
association or institution. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after
the event;
(g) Items returned by the recipient to the donor within
thirty days of receipt or donated to a charitable organization
within thirty days of receipt;
(h) Campaign contributions reported under **chapter
42.17 RCW;
(i) Discounts available to an individual as a member of
an employee group, occupation, or similar broad-based
group; and
(j) Awards, prizes, scholarships, or other items provided
in recognition of academic or scientific achievement.
(11) "Honorarium" means money or thing of value
offered to a state officer or state employee for a speech,
appearance, article, or similar item or activity in connection
with the state officer’s or state employee’s official role.
(12) "Official duty" means those duties within the specific scope of employment of the state officer or state
employee as defined by the officer’s or employee’s agency or
by statute or the state Constitution.
(13) "Participate" means to participate in state action or a
proceeding personally and substantially as a state officer or
state employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise but does not include preparation, consideration, or
enactment of legislation or the performance of legislative
duties.
(14) "Person" means any individual, partnership, association, corporation, firm, institution, or other entity, whether
or not operated for profit.
(15) "Regulatory agency" means any state board, commission, department, or officer, except those in the legislative
or judicial branches, authorized by law to conduct adjudicative proceedings, issue permits or licenses, or to control or
affect interests of identified persons.
(16) "Responsibility" in connection with a transaction
involving the state, means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or through subordinates, effectively to approve,
disapprove, or otherwise direct state action in respect of such
transaction.
(17) "State action" means any action on the part of an
agency, including, but not limited to:
(a) A decision, determination, finding, ruling, or order;
and
(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to
act with respect to a decision, determination, finding, ruling,
or order.
(2010 Ed.)
42.52.010
(18) "State officer" means every person holding a position of public trust in or under an executive, legislative, or
judicial office of the state. "State officer" includes judges of
the superior court, judges of the court of appeals, justices of
the supreme court, members of the legislature together with
the secretary of the senate and the chief clerk of the house of
representatives, holders of elective offices in the executive
branch of state government, chief executive officers of state
agencies, members of boards, commissions, or committees
with authority over one or more state agencies or institutions,
and employees of the state who are engaged in supervisory,
policy-making, or policy-enforcing work. For the purposes
of this chapter, "state officer" also includes any person exercising or undertaking to exercise the powers or functions of a
state officer.
(19) "State employee" means an individual who is
employed by an agency in any branch of state government.
For purposes of this chapter, employees of the superior courts
are not state officers or state employees.
(20) "University" includes "state universities" and
"regional universities" as defined in RCW 28B.10.016 and
also includes any research or technology institute affiliated
with a university, including without limitation, the Spokane
Intercollegiate Research and Technology Institute and the
Washington Technology Center.
(21) "University research employee" means a state
officer or state employee employed by a university, but only
to the extent the state officer or state employee is engaged in
research, technology transfer, approved consulting activities
related to research and technology transfer, or other incidental activities.
(22) "Thing of economic value," in addition to its ordinary meaning, includes:
(a) A loan, property interest, interest in a contract or
other chose in action, and employment or another arrangement involving a right to compensation;
(b) An option, irrespective of the conditions to the exercise of the option; and
(c) A promise or undertaking for the present or future
delivery or procurement.
(23)(a) "Transaction involving the state" means a proceeding, application, submission, request for a ruling or other
determination, contract, claim, case, or other similar matter
that the state officer, state employee, or former state officer or
state employee in question believes, or has reason to believe:
(i) Is, or will be, the subject of state action; or
(ii) Is one to which the state is or will be a party; or
(iii) Is one in which the state has a direct and substantial
proprietary interest.
(b) "Transaction involving the state" does not include the
following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the
performance of legislative duties by an officer or employee;
or a claim, case, lawsuit, or similar matter if the officer or
employee did not participate in the underlying transaction
involving the state that is the basis for the claim, case, or lawsuit. [2005 c 106 § 1; 1998 c 7 § 1; 1996 c 213 § 1; 1994 c
154 § 101.]
Reviser’s note: *(1) RCW 42.17.020 was recodified as RCW
42.17A.005 pursuant to 2010 c 204 § 1102, effective January 1, 2012.
**(2) Provisions in chapter 42.17 RCW relating to campaign finance
[Title 42 RCW—page 113]
42.52.020
Title 42 RCW: Public Officers and Agencies
were recodified in chapter 42.17A RCW by 2010 c 204, effective January 1,
2012.
42.52.020 Activities incompatible with public duties.
No state officer or state employee may have an interest,
financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer’s or state employee’s official
duties. [1996 c 213 § 2; 1994 c 154 § 102.]
42.52.020
42.52.030 Financial interests in transactions. (1) No
state officer or state employee, except as provided in subsection (2) of this section, may be beneficially interested,
directly or indirectly, in a contract, sale, lease, purchase, or
grant that may be made by, through, or is under the supervision of the officer or employee, in whole or in part, or accept,
directly or indirectly, any compensation, gratuity, or reward
from any other person beneficially interested in the contract,
sale, lease, purchase, or grant.
(2) No state officer or state employee may participate in
a transaction involving the state in his or her official capacity
with a person of which the officer or employee is an officer,
agent, employee, or member, or in which the officer or
employee owns a beneficial interest, except that an officer or
employee of an institution of higher education or the Spokane
intercollegiate research and technology institute may serve as
an officer, agent, employee, or member, or on the board of
directors, board of trustees, advisory board, or committee or
review panel for any nonprofit institute, foundation, or fundraising entity; and may serve as a member of an advisory
board, committee, or review panel for a governmental or
other nonprofit entity. [2005 c 106 § 2; 1996 c 213 § 3; 1994
c 154 § 103.]
42.52.030
42.52.040 Assisting in transactions. (1) Except in the
course of official duties or incident to official duties, no state
officer or state employee may assist another person, directly
or indirectly, whether or not for compensation, in a transaction involving the state:
(a) In which the state officer or state employee has at any
time participated; or
(b) If the transaction involving the state is or has been
under the official responsibility of the state officer or state
employee within a period of two years preceding such assistance.
(2) No state officer or state employee may share in compensation received by another for assistance that the officer
or employee is prohibited from providing under subsection
(1) or (3) of this section.
(3) A business entity of which a state officer or state
employee is a partner, managing officer, or employee shall
not assist another person in a transaction involving the state if
the state officer or state employee is prohibited from doing so
by subsection (1) of this section.
(4) This chapter does not prevent a state officer or state
employee from assisting, in a transaction involving the state:
(a) The state officer’s or state employee’s parent, spouse
or domestic partner, or child, or a child thereof for whom the
officer or employee is serving as guardian, executor, admin42.52.040
[Title 42 RCW—page 114]
istrator, trustee, or other personal fiduciary, if the state officer
or state employee did not participate in the transaction; or
(b) Another state employee involved in disciplinary or
other personnel administration proceedings. [2008 c 6 § 203;
1994 c 154 § 104.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
42.52.050 Confidential information—Improperly
concealed records. (1) No state officer or state employee
may accept employment or engage in any business or professional activity that the officer or employee might reasonably
expect would require or induce him or her to make an unauthorized disclosure of confidential information acquired by
the official or employee by reason of the official’s or
employee’s official position.
(2) No state officer or state employee may make a disclosure of confidential information gained by reason of the
officer’s or employee’s official position or otherwise use the
information for his or her personal gain or benefit or the gain
or benefit of another, unless the disclosure has been authorized by statute or by the terms of a contract involving (a) the
state officer’s or state employee’s agency and (b) the person
or persons who have authority to waive the confidentiality of
the information.
(3) No state officer or state employee may disclose confidential information to any person not entitled or authorized
to receive the information.
(4) No state officer or state employee may intentionally
conceal a record if the officer or employee knew the record
was required to be released under chapter 42.56 RCW, was
under a personal obligation to release the record, and failed to
do so. This subsection does not apply where the decision to
withhold the record was made in good faith. [2005 c 274 §
292; 1996 c 213 § 4; 1994 c 154 § 105.]
42.52.050
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
42.52.060 Testimony of state officers and state
employees. This chapter does not prevent a state officer or
state employee from giving testimony under oath or from
making statements required to be made under penalty of perjury or contempt. [1994 c 154 § 106.]
42.52.060
42.52.070 Special privileges. Except as required to perform duties within the scope of employment, no state officer
or state employee may use his or her position to secure special privileges or exemptions for himself or herself, or his or
her spouse, child, parents, or other persons. [1994 c 154 §
107.]
42.52.070
42.52.080 Employment after public service. (1) No
former state officer or state employee may, within a period of
one year from the date of termination of state employment,
accept employment or receive compensation from an
employer if:
(a) The officer or employee, during the two years immediately preceding termination of state employment, was
engaged in the negotiation or administration on behalf of the
state or agency of one or more contracts with that employer
and was in a position to make discretionary decisions affect42.52.080
(2010 Ed.)
Ethics in Public Service
ing the outcome of such negotiation or the nature of such
administration;
(b) Such a contract or contracts have a total value of
more than ten thousand dollars; and
(c) The duties of the employment with the employer or
the activities for which the compensation would be received
include fulfilling or implementing, in whole or in part, the
provisions of such a contract or contracts or include the
supervision or control of actions taken to fulfill or implement,
in whole or in part, the provisions of such a contract or contracts. This subsection shall not be construed to prohibit a
state officer or state employee from accepting employment
with a state employee organization.
(2) No person who has served as a state officer or state
employee may, within a period of two years following the
termination of state employment, have a direct or indirect
beneficial interest in a contract or grant that was expressly
authorized or funded by specific legislative or executive
action in which the former state officer or state employee participated.
(3) No former state officer or state employee may accept
an offer of employment or receive compensation from an
employer if the officer or employee knows or has reason to
believe that the offer of employment or compensation was
intended, in whole or in part, directly or indirectly, to influence the officer or employee or as compensation or reward
for the performance or nonperformance of a duty by the
officer or employee during the course of state employment.
(4) No former state officer or state employee may accept
an offer of employment or receive compensation from an
employer if the circumstances would lead a reasonable person to believe the offer has been made, or compensation
given, for the purpose of influencing the performance or nonperformance of duties by the officer or employee during the
course of state employment.
(5) No former state officer or state employee may at any
time subsequent to his or her state employment assist another
person, whether or not for compensation, in any transaction
involving the state in which the former state officer or state
employee at any time participated during state employment.
This subsection shall not be construed to prohibit any
employee or officer of a state employee organization from
rendering assistance to state officers or state employees in the
course of employee organization business.
(6) As used in this section, "employer" means a person as
defined in RCW 42.52.010 or any other entity or business
that the person owns or in which the person has a controlling
interest. For purposes of subsection (1) of this section, the
term "employer" does not include a successor organization to
the rural development council under chapter 43.31 RCW.
[1999 c 299 § 3; 1994 c 154 § 108.]
42.52.090 Limited assistance by former state officers
and employees. This chapter shall not be construed to prevent a former state officer or state employee from rendering
assistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following:
(1) Providing the names, addresses, and telephone numbers of state agencies or state employees;
42.52.090
(2010 Ed.)
42.52.120
(2) Providing free transportation to another for the purpose of conducting business with a state agency;
(3) Assisting a natural person or nonprofit corporation in
obtaining or completing application forms or other forms
required by a state agency for the conduct of a state business;
or
(4) Providing assistance to the poor and infirm. [1994 c
154 § 109.]
42.52.100 Conditions on appearance before state
agencies or doing business with the state—Hearing—
Judicial review. (1) The head of an agency, upon finding
that any former state officer or state employee of such agency
or any other person has violated any provision of this chapter
or rules adopted under it, may, in addition to any other powers the head of such agency may have, bar or impose reasonable conditions upon:
(a) The appearance before such agency of such former
state officer or state employee or other person; and
(b) The conduct of, or negotiation or competition for,
business with such agency by such former state officer or
state employee or other person, such period of time as may
reasonably be necessary or appropriate to effectuate the purposes of this chapter.
(2) Findings of violations referred to in subsection (1)(b)
of this section shall be made on record after notice and hearing, conducted in accordance with the Washington Administrative Procedure Act, chapter 34.05 RCW. Such findings and
orders are subject to judicial review.
(3) This section does not apply to the legislative or judicial branches of government. [1994 c 154 § 110; 1969 ex.s. c
234 § 27. Formerly RCW 42.18.270.]
42.52.100
42.52.110 Compensation for official duties or nonperformance. No state officer or state employee may,
directly or indirectly, ask for or give or receive or agree to
receive any compensation, gift, reward, or gratuity from a
source for performing or omitting or deferring the performance of any official duty, unless otherwise authorized by
law except: (1) The state of Washington; or (2) in the case of
officers or employees of institutions of higher education or of
the Spokane intercollegiate research and technology institute,
a governmental entity, an agency or instrumentality of a governmental entity, or a nonprofit corporation organized for the
benefit and support of the state employee’s agency or other
state agencies pursuant to an agreement with the state
employee’s agency. [1996 c 213 § 5; 1994 c 154 § 111.]
42.52.110
42.52.120 Compensation for outside activities. (1) No
state officer or state employee may receive any thing of economic value under any contract or grant outside of his or her
official duties. The prohibition in this subsection does not
apply where the state officer or state employee has complied
with *RCW 42.52.030(2) or each of the following conditions
are met:
(a) The contract or grant is bona fide and actually performed;
(b) The performance or administration of the contract or
grant is not within the course of the officer’s or employee’s
42.52.120
[Title 42 RCW—page 115]
42.52.130
Title 42 RCW: Public Officers and Agencies
official duties, or is not under the officer’s or employee’s
official supervision;
(c) The performance of the contract or grant is not prohibited by RCW 42.52.040 or by applicable laws or rules
governing outside employment for the officer or employee;
(d) The contract or grant is neither performed for nor
compensated by any person from whom such officer or
employee would be prohibited by RCW 42.52.150(4) from
receiving a gift;
(e) The contract or grant is not one expressly created or
authorized by the officer or employee in his or her official
capacity;
(f) The contract or grant would not require unauthorized
disclosure of confidential information.
(2) In addition to satisfying the requirements of subsection (1) of this section, a state officer or state employee may
have a beneficial interest in a grant or contract or a series of
substantially identical contracts or grants with a state agency
only if:
(a) The contract or grant is awarded or issued as a result
of an open and competitive bidding process in which more
than one bid or grant application was received; or
(b) The contract or grant is awarded or issued as a result
of an open and competitive bidding or selection process in
which the officer’s or employee’s bid or proposal was the
only bid or proposal received and the officer or employee has
been advised by the appropriate ethics board, before execution of the contract or grant, that the contract or grant would
not be in conflict with the proper discharge of the officer’s or
employee’s official duties; or
(c) The process for awarding the contract or issuing the
grant is not open and competitive, but the officer or employee
has been advised by the appropriate ethics board that the contract or grant would not be in conflict with the proper discharge of the officer’s or employee’s official duties.
(3) A state officer or state employee awarded a contract
or issued a grant in compliance with subsection (2) of this
section shall file the contract or grant with the appropriate
ethics board within thirty days after the date of execution;
however, if proprietary formulae, designs, drawings, or
research are included in the contract or grant, the proprietary
formulae, designs, drawings, or research may be deleted from
the contract or grant filed with the appropriate ethics board.
(4) This section does not prevent a state officer or state
employee from receiving compensation contributed from the
treasury of the United States, another state, county, or municipality if the compensation is received pursuant to arrangements entered into between such state, county, municipality,
or the United States and the officer’s or employee’s agency.
This section does not prohibit a state officer or state
employee from serving or performing any duties under an
employment contract with a governmental entity.
(5) As used in this section, "officer" and "employee" do
not include officers and employees who, in accordance with
the terms of their employment or appointment, are serving
without compensation from the state of Washington or are
receiving from the state only reimbursement of expenses
incurred or a predetermined allowance for such expenses.
[1997 c 318 § 1; 1996 c 213 § 6; 1994 c 154 § 112.]
*Reviser’s note: RCW 42.52.030 was amended by 2005 c 106 § 2,
deleting subsection (2).
[Title 42 RCW—page 116]
42.52.130 Honoraria. (1) No state officer or state
employee may receive honoraria unless specifically authorized by the agency where they serve as state officer or state
employee.
(2) An agency may not permit honoraria under the following circumstances:
(a) The person offering the honorarium is seeking or is
reasonably expected to seek contractual relations with or a
grant from the employer of the state officer or state
employee, and the officer or employee is in a position to participate in the terms or the award of the contract or grant;
(b) The person offering the honorarium is regulated by
the employer of the state officer or state employee and the
officer or employee is in a position to participate in the regulation; or
(c) The person offering the honorarium (i) is seeking or
opposing or is reasonably likely to seek or oppose enactment
of legislation or adoption of administrative rules or actions,
or policy changes by the state officer’s or state employee’s
agency; and (ii) the officer or employee may participate in the
enactment or adoption. [1994 c 154 § 113.]
42.52.130
42.52.140 Gifts. No state officer or state employee may
receive, accept, take, seek, or solicit, directly or indirectly,
any thing of economic value as a gift, gratuity, or favor from
a person if it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment
of the officer or employee, or be considered as part of a
reward for action or inaction. [1994 c 154 § 114.]
42.52.140
42.52.150 Limitations on gifts. (1) No state officer or
state employee may accept gifts, other than those specified in
subsections (2) and (5) of this section, with an aggregate
value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value
in excess of fifty dollars. For purposes of this section, "single
source" means any person, as defined in RCW 42.52.010,
whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group
of items used in conjunction with each other or any trip
including transportation, lodging, and attendant costs, not
excluded from the definition of gift under RCW 42.52.010.
The value of gifts given to an officer’s or employee’s family
member or guest shall be attributed to the official or
employee for the purpose of determining whether the limit
has been exceeded, unless an independent business, family,
or social relationship exists between the donor and the family
member or guest.
(2) Except as provided in subsection (4) of this section,
the following items are presumed not to influence under
RCW 42.52.140, and may be accepted without regard to the
limit established by subsection (1) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the
form of a plaque, trophy, desk item, wall memento, or similar
item;
(d) Unsolicited items received by a state officer or state
employee for the purpose of evaluation or review, if the
officer or employee has no personal beneficial interest in the
42.52.150
(2010 Ed.)
Ethics in Public Service
eventual use or acquisition of the item by the officer’s or
employee’s agency;
(e) Informational material, publications, or subscriptions
related to the recipient’s performance of official duties;
(f) Food and beverages consumed at hosted receptions
where attendance is related to the state officer’s or state
employee’s official duties;
(g) Gifts, grants, conveyances, bequests, and devises of
real or personal property, or both, in trust or otherwise
accepted and solicited for deposit in the legislative international trade account created in *RCW 44.04.270;
(h) Gifts, grants, conveyances, bequests, and devises of
real or personal property, or both, in trust or otherwise
accepted and solicited for the purpose of promoting the
**expansion of tourism as provided for in RCW 43.330.090;
(i) Gifts, grants, conveyances, bequests, and devises of
real or personal property, or both, solicited on behalf of a
national legislative association, 2006 official conference of
the national lieutenant governors’ association, or host committee for the purpose of hosting an official conference under
the circumstances specified in RCW 42.52.820 and section 2,
chapter 5, Laws of 2006. Anything solicited or accepted may
only be received by the national association or host committee and may not be commingled with any funds or accounts
that are the property of any person;
(j) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic,
charitable, governmental, or community organization; and
(k) Unsolicited gifts from dignitaries from another state
or a foreign country that are intended to be personal in nature.
(3) The presumption in subsection (2) of this section is
rebuttable and may be overcome based on the circumstances
surrounding the giving and acceptance of the item.
(4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency
or of an agency that seeks to acquire goods or services who
participates in those regulatory or contractual matters may
receive, accept, take, or seek, directly or indirectly, only the
following items from a person regulated by the agency or
from a person who seeks to provide goods or services to the
agency:
(a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(b) Unsolicited tokens or awards of appreciation in the
form of a plaque, trophy, desk item, wall memento, or similar
item;
(c) Unsolicited items received by a state officer or state
employee for the purpose of evaluation or review, if the
officer or employee has no personal beneficial interest in the
eventual use or acquisition of the item by the officer’s or
employee’s agency;
(d) Informational material, publications, or subscriptions
related to the recipient’s performance of official duties;
(e) Food and beverages consumed at hosted receptions
where attendance is related to the state officer’s or state
employee’s official duties;
(f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic,
charitable, governmental, or community organization; and
(g) Those items excluded from the definition of gift in
RCW 42.52.010 except:
(2010 Ed.)
42.52.170
(i) Payments by a governmental or nongovernmental
entity of reasonable expenses incurred in connection with a
speech, presentation, appearance, or trade mission made in an
official capacity;
(ii) Payments for seminars and educational programs
sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and
(iii) Flowers, plants, and floral arrangements.
(5) A state officer or state employee may accept gifts in
the form of food and beverage on infrequent occasions in the
ordinary course of meals where attendance by the officer or
employee is related to the performance of official duties.
Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in
***chapter 42.17 RCW. [2006 c 5 § 3; 2003 1st sp.s. c 23 §
2. Prior: 2003 c 265 § 3; 2003 c 153 § 6; 1998 c 7 § 2; 1994
c 154 § 115.]
Reviser’s note: *(1) RCW 44.04.270 was recodified as RCW
43.15.050 pursuant to 2006 c 317 § 5.
**(2) RCW 43.330.090 was amended by 2007 c 228 § 201, deleting
subsection (2) which directly related to "expansion of tourism."
***(3) Provisions in chapter 42.17 RCW relating to campaign finance
were recodified in chapter 42.17A RCW by 2010 c 204, effective January 1,
2012.
Findings—2006 c 5: "The legislature finds that due to the massive devastation inflicted on the city of New Orleans by hurricane Katrina on August
29, 2005, the city of New Orleans will not be able to meet its obligation to
host the national lieutenant governors’ association’s annual conference
scheduled for July 17 through July 19, 2006. As a result of this unfortunate
situation, the members of the national lieutenant governors’ association officially pressed to have Washington state host the next annual conference in
Seattle, Washington, and lieutenant governor Brad Owen has agreed to do
so. The legislature further finds, in recognition of the unprecedented situation created by this natural disaster, the high national visibility of this important event, and due to the limited amount of time remaining for planning and
fund-raising, it is necessary to initiate fund-raising activities for this national
conference as soon as possible." [2006 c 5 § 1.]
Effective date—2006 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 7, 2006]." [2006 c 5 § 4.]
Findings—2003 c 153: See note following RCW 43.330.090.
42.52.160 Use of persons, money, or property for private gain. (1) No state officer or state employee may employ
or use any person, money, or property under the officer’s or
employee’s official control or direction, or in his or her official custody, for the private benefit or gain of the officer,
employee, or another.
(2) This section does not prohibit the use of public
resources to benefit others as part of a state officer’s or state
employee’s official duties.
(3) The appropriate ethics boards may adopt rules providing exceptions to this section for occasional use of the
state officer or state employee, of de minimis cost and value,
if the activity does not result in interference with the proper
performance of public duties. [1996 c 213 § 7; 1994 c 154 §
116; 1987 c 426 § 3. Formerly RCW 42.18.217.]
42.52.160
42.52.170 Giving, paying, loaning, etc., any thing of
economic value to state employee. No person shall give,
pay, loan, transfer, or deliver, directly or indirectly, to any
other person any thing of economic value believing or having
42.52.170
[Title 42 RCW—page 117]
42.52.180
Title 42 RCW: Public Officers and Agencies
reason to believe that there exist circumstances making the
receipt thereof a violation of RCW 42.52.040, 42.52.110,
42.52.120, 42.52.140, or 42.52.150. [1994 c 154 § 117; 1987
c 426 § 5; 1969 ex.s. c 234 § 23. Formerly RCW 42.18.230.]
*Reviser’s note: RCW 42.17.130 was recodified as RCW 42.17A.555
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Additional notes found at www.leg.wa.gov
42.52.185 Restrictions on mailings by legislators. (1)
During the twelve-month period beginning on December 1st
of the year before a general election for a state legislator’s
election to office and continuing through November 30th
immediately after the general election, the legislator may not
mail, either by regular mail or electronic mail, to a constituent
at public expense a letter, newsletter, brochure, or other piece
of literature, except as follows:
(a) The legislator may mail two mailings of newsletters
to constituents. All newsletters within each mailing of newsletters must be identical as to their content but not as to the
constituent name or address. One such mailing may be
mailed no later than thirty days after the start of a regular legislative session, except that a legislator appointed during a
regular legislative session to fill a vacant seat may have up to
thirty days from the date of appointment to send out the first
mailing. The other mailing may be mailed no later than sixty
days after the end of a regular legislative session.
(b) The legislator may mail an individual letter to (i) an
individual constituent who has contacted the legislator
regarding the subject matter of the letter during the legislator’s current term of office; (ii) an individual constituent who
holds a governmental office with jurisdiction over the subject
matter of the letter; or (iii) an individual constituent who has
received an award or honor of extraordinary distinction of a
type that is sufficiently infrequent to be noteworthy to a reasonable person, including, but not limited to: (A) An international or national award such as the Nobel prize or the
Pulitzer prize; (B) a state award such as Washington scholar;
(C) an Eagle Scout award; and (D) a Medal of Honor.
(c) In those cases where constituents have specifically
indicated that they would like to be contacted to receive regular or periodic updates on legislative matters, legislators
may provide such updates by electronic mail throughout the
legislative session and up until thirty days from the conclusion of a legislative session.
(2) For purposes of subsection (1) of this section, "legislator" means a legislator who is a "candidate," as defined by
*RCW 42.17.020, for any public office.
(3) A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign
under RCW 42.52.180.
(4) The house of representatives and senate shall specifically limit expenditures per member for the total cost of
mailings. Those costs include, but are not limited to, production costs, printing costs, and postage costs. The limits
imposed under this subsection apply only to the total expenditures on mailings per member and not to any categorical
cost within the total.
(5) For purposes of this section, persons residing outside
the legislative district represented by the legislator are not
considered to be constituents, but students, military personnel, or others temporarily employed outside of the district
who normally reside in the district are considered to be constituents. [2008 c 39 § 2; 1997 c 320 § 1; 1995 c 397 § 5;
1993 c 2 § 25 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.132.]
42.52.185
42.52.180 Use of public resources for political campaigns. (1) No state officer or state employee may use or
authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of
a person to an office or for the promotion of or opposition to
a ballot proposition. Knowing acquiescence by a person with
authority to direct, control, or influence the actions of the
state officer or state employee using public resources in violation of this section constitutes a violation of this section.
Facilities of an agency include, but are not limited to, use of
stationery, postage, machines, and equipment, use of state
employees of the agency during working hours, vehicles,
office space, publications of the agency, and clientele lists of
persons served by the agency.
(2) This section shall not apply to the following activities:
(a) Action taken at an open public meeting by members
of an elected legislative body to express a collective decision,
or to actually vote upon a motion, proposal, resolution, order,
or ordinance, or to support or oppose a ballot proposition as
long as (i) required notice of the meeting includes the title
and number of the ballot proposition, and (ii) members of the
legislative body or members of the public are afforded an
approximately equal opportunity for the expression of an
opposing view;
(b) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of
this subsection, it is not a violation of this section for an
elected official to respond to an inquiry regarding a ballot
proposition, to make incidental remarks concerning a ballot
proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable
expenditure of public funds. The ethics boards shall adopt by
rule a definition of measurable expenditure;
(c) The maintenance of official legislative web sites
throughout the year, regardless of pending elections. The
web sites may contain any discretionary material which was
also specifically prepared for the legislator in the course of
his or her duties as a legislator, including newsletters and
press releases. The official legislative web sites of legislators
seeking reelection shall not be altered between June 30th and
November 15th of the election year. The web site shall not be
used for campaign purposes;
(d) Activities that are part of the normal and regular conduct of the office or agency; and
(e) De minimis use of public facilities by statewide
elected officials and legislators incidental to the preparation
or delivery of permissible communications, including written
and verbal communications initiated by them of their views
on ballot propositions that foreseeably may affect a matter
that falls within their constitutional or statutory responsibilities.
(3) As to state officers and employees, this section operates to the exclusion of *RCW 42.17.130. [2010 c 185 § 1;
1995 c 397 § 30; 1994 c 154 § 118.]
42.52.180
[Title 42 RCW—page 118]
(2010 Ed.)
Ethics in Public Service
*Reviser’s note: RCW 42.17.020 was recodified as RCW 42.17A.005
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Findings—Intent—2008 c 39: "The legislature finds that the legislature’s ability to communicate with its constituency is of the utmost importance in having a healthy representative democracy. It is the intent of the legislature to provide important information to constituents on an ongoing basis
in order to truly be a government of the people and for the people. The legislature finds that this communication will only increase citizen access to
legislative issues." [2008 c 39 § 1.]
42.52.190 Investments. (1) Except for permissible
investments as defined in this section, no state officer or state
employee of any agency responsible for the investment of
funds, who acts in a decision-making, advisory, or policyinfluencing capacity with respect to investments, may have a
direct or indirect interest in any property, security, equity, or
debt instrument of a person, without prior written approval of
the agency.
(2) Agencies responsible for the investment of funds
shall adopt policies governing approval of investments and
establishing criteria to be considered in the approval process.
Criteria shall include the relationship between the proposed
investment and investments held or under consideration by
the state, the size and timing of the proposed investment,
access by the state officer or state employee to nonpublic
information relative to the proposed investment, and the
availability of the investment in the public market. Agencies
responsible for the investment of funds also shall adopt policies consistent with this chapter governing use by their officers and employees of financial information acquired by virtue
of their state positions. A violation of such policies adopted
to implement this subsection shall constitute a violation of
this chapter.
(3) As used in this section, "permissible investments"
means any mutual fund, deposit account, certificate of
deposit, or money market fund maintained with a bank, broker, or other financial institution, a security publicly traded in
an organized market if the interest in the security at acquisition is ten thousand dollars or less, or an interest in real estate,
except if the real estate interest is in or with a party in whom
the agency holds an investment. [1994 c 154 § 119.]
42.52.190
42.52.200 Agency rules. (1) Each agency may adopt
rules consistent with law, for use within the agency to protect
against violations of this chapter.
(2) Each agency proposing to adopt rules under this section shall forward the rules to the appropriate ethics board
before they may take effect. The board may submit comments to the agency regarding the proposed rules.
(3) This section applies to universities only to the extent
their activities are not subject to RCW 42.52.220. [2005 c
106 § 3; 1994 c 154 § 120.]
42.52.200
42.52.220 Universities—Administrative processes.
(1) Consistent with the state policy to encourage basic and
applied scientific research by the state’s research universities
as stated in RCW 28B.140.005, each university may develop,
adopt, and implement one or more written administrative processes that shall, upon approval by the governor, apply in
place of the obligations imposed on universities and university research employees under RCW 42.52.030, 42.52.040,
42.52.080, 42.52.110, 42.52.120, 42.52.130, 42.52.140,
42.52.220
(2010 Ed.)
42.52.320
42.52.150, and 42.52.160. The universities shall coordinate
on the development of administrative processes to ensure the
processes are comparable. A university research employee in
compliance with the processes authorized in this section shall
be deemed to be in compliance with RCW 42.52.030,
42.52.040, 42.52.080, 42.52.110, 42.52.120, 42.52.130,
42.52.140, 42.52.150, and 42.52.160.
(2) The executive ethics board shall enforce activity subject to the written approval processes under this section, as
provided in RCW 42.52.360. [2005 c 106 § 4.]
42.52.310 Legislative ethics board. (1) The legislative
ethics board is created, composed of nine members, selected
as follows:
(a) Two senators, one from each of the two largest caucuses, appointed by the president of the senate;
(b) Two members of the house of representatives, one
from each of the two largest caucuses, appointed by the
speaker of the house of representatives;
(c) Five citizen members:
(i) One citizen member chosen by the governor from a
list of three individuals submitted by each of the four legislative caucuses; and
(ii) One citizen member selected by three of the four
other citizen members of the legislative ethics board.
(2) Except for initial members and members completing
partial terms, nonlegislative members shall serve a single
five-year term.
(3) No more than three of the public members may be
identified with the same political party.
(4) Terms of initial nonlegislative board members shall
be staggered as follows: One member shall be appointed to a
one-year term; one member shall be appointed to a two-year
term; one member shall be appointed to a three-year term;
one member shall be appointed to a four-year term; and one
member shall be appointed for a five-year term.
(5) A vacancy on the board shall be filled in the same
manner as the original appointment.
(6) Legislative members shall serve two-year terms,
from January 31st of an odd-numbered year until January
31st of the next odd-numbered year.
(7) Each member shall serve for the term of his or her
appointment and until his or her successor is appointed.
(8) The citizen members shall annually select a chair
from among themselves. [1994 c 154 § 201.]
42.52.310
42.52.320 Authority of legislative ethics board. (1)
The legislative ethics board shall enforce this chapter and
rules adopted under it with respect to members and employees of the legislature.
(2) The legislative ethics board shall:
(a) Develop educational materials and training with
regard to legislative ethics for legislators and legislative
employees;
(b) Issue advisory opinions;
(c) Adopt rules or policies governing the conduct of
business by the board, and adopt rules defining working
hours for purposes of RCW 42.52.180 and where otherwise
authorized under chapter 154, Laws of 1994;
42.52.320
[Title 42 RCW—page 119]
42.52.330
Title 42 RCW: Public Officers and Agencies
(d) Investigate, hear, and determine complaints by any
person or on its own motion;
(e) Impose sanctions including reprimands and monetary
penalties;
(f) Recommend suspension or removal to the appropriate
legislative entity, or recommend prosecution to the appropriate authority; and
(g) Establish criteria regarding the levels of civil penalties appropriate for different types of violations of this chapter and rules adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of
witnesses and the production of documentary evidence relating to any matter under examination by the board or involved
in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) Subject to RCW 42.52.540, the board has jurisdiction
over any alleged violation that occurred before January 1,
1995, and that was within the jurisdiction of any of the boards
established under *chapter 44.60 RCW. The board’s jurisdiction with respect to any such alleged violation shall be based
on the statutes and rules in effect at [the] time of the violation.
[1994 c 154 § 202.]
*Reviser’s note: Chapter 44.60 RCW was repealed by 1994 c 154 §
304, effective January 1, 1995.
42.52.330 Interpretation. By constitutional design, the
legislature consists of citizen-legislators who bring to bear on
the legislative process their individual experience and expertise. The provisions of this chapter shall be interpreted in
light of this constitutional principle. [1994 c 154 § 203.]
42.52.330
42.52.340 Transfer of jurisdiction. On January 1,
1995, any complaints or other matters under investigation or
consideration by the boards of legislative ethics in the house
of representatives and the senate operating pursuant to *chapter 44.60 RCW shall be transferred to the legislative ethics
board created by RCW 42.52.310. All files, including but not
limited to minutes of meetings, investigative files, records of
proceedings, exhibits, and expense records, shall be transferred to the legislative ethics board created in RCW
42.52.310 pursuant to their direction and the legislative ethics
board created in RCW 42.52.310 shall assume full jurisdiction over all pending complaints, investigations, and proceedings. [1994 c 154 § 204.]
42.52.340
*Reviser’s note: Chapter 44.60 RCW was repealed by 1994 c 154 §
304, effective January 1, 1995.
42.52.350 Executive ethics board. (1) The executive
ethics board is created, composed of five members, appointed
by the governor as follows:
(a) One member shall be a classified service employee as
defined in chapter 41.06 RCW;
(b) One member shall be a state officer or state employee
in an exempt position;
(c) One member shall be a citizen selected from a list of
three names submitted by the attorney general;
(d) One member shall be a citizen selected from a list of
three names submitted by the state auditor; and
42.52.350
[Title 42 RCW—page 120]
(e) One member shall be a citizen selected at large by the
governor.
(2) Except for initial members and members completing
partial terms, members shall serve a single five-year term.
(3) No more than three members may be identified with
the same political party.
(4) Terms of initial board members shall be staggered as
follows: One member shall be appointed to a one-year term;
one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; one member shall
be appointed to a four-year term; and one member shall be
appointed to a five-year term.
(5) A vacancy on the board shall be filled in the same
manner as the original appointment.
(6) Each member shall serve for the term of his or her
appointment and until his or her successor is appointed.
(7) The members shall annually select a chair from
among themselves.
(8) Staff shall be provided by the office of the attorney
general. [1994 c 154 § 205.]
42.52.360 Authority of executive ethics board. (1)
The executive ethics board shall enforce this chapter and
rules adopted under it with respect to statewide elected officers and all other officers and employees in the executive
branch, boards and commissions, and institutions of higher
education.
(2) The executive ethics board shall enforce this chapter
with regard to the activities of university research employees
as provided in this subsection.
(a) With respect to compliance with RCW 42.52.030,
42.52.110, 42.52.130, 42.52.140, and 42.52.150, the administrative process shall be consistent with and adhere to no less
than the current standards in regulations of the United States
public health service and the office of the secretary of the
department of health and human services in Title 42 C.F.R.
Part 50, Subpart F relating to promotion of objectivity in
research.
(b) With respect to compliance with RCW 42.52.040,
42.52.080, and 42.52.120, the administrative process shall
include a comprehensive system for the disclosure, review,
and approval of outside work activities by university research
employees while assuring that such employees are fulfilling
their employment obligations to the university.
(c) With respect to compliance with RCW 42.52.160, the
administrative process shall include a reasonable determination by the university of acceptable private uses having de
minimis costs to the university and a method for establishing
fair and reasonable reimbursement charges for private uses
the costs of which are in excess of de minimis.
(3) The executive ethics board shall:
(a) Develop educational materials and training;
(b) Adopt rules and policies governing the conduct of
business by the board, and adopt rules defining working
hours for purposes of RCW 42.52.180 and where otherwise
authorized under chapter 154, Laws of 1994;
(c) Issue advisory opinions;
(d) Investigate, hear, and determine complaints by any
person or on its own motion;
(e) Impose sanctions including reprimands and monetary
penalties;
42.52.360
(2010 Ed.)
Ethics in Public Service
(f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and
(g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules
adopted under it.
(4) The board may:
(a) Issue subpoenas for the attendance and testimony of
witnesses and the production of documentary evidence relating to any matter under examination by the board or involved
in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(5) Except as provided in RCW 42.52.220, the executive
ethics board may review and approve agency policies as provided for in this chapter.
(6) This section does not apply to state officers and state
employees of the judicial branch. [2005 c 106 § 5; 1994 c
154 § 206.]
42.52.420
the board if the citizen member opposes an incumbent who
has been the respondent in a complaint before the board.
[1997 c 11 § 1; 1994 c 154 § 208.]
Reviser’s note: *(1) Provisions in chapter 42.17 RCW relating to campaign finance were recodified in chapter 42.17A RCW by 2010 c 204, effective January 1, 2012.
**(2) RCW 42.17.160 was recodified as RCW 42.17A.610 pursuant to
2010 c 204 § 1102, effective January 1, 2012.
42.52.390 Hearing and subpoena authority. Except
as otherwise provided by law, the ethics boards may hold
hearings, subpoena witnesses, compel their attendance,
administer oaths, take the testimony of a person under oath,
and in connection therewith, to require the production for
examination of any books or papers relating to any matter
under investigation or in question before the ethics board.
The ethics board may make rules as to the issuance of subpoenas by individual members, as to service of complaints,
decisions, orders, recommendations, and other process or
papers of the ethics board. [1994 c 154 § 209.]
42.52.390
42.52.400 Enforcement of subpoena authority. In
case of refusal to obey a subpoena issued to a person, the
superior court of a county within the jurisdiction of which the
investigation, proceeding, or hearing under this chapter is
carried on or within the jurisdiction of which the person
refusing to obey is found or resides or transacts business,
upon application by the appropriate ethics board shall have
jurisdiction to issue to the person an order requiring the person to appear before the ethics board or its member to produce evidence if so ordered, or to give testimony touching the
matter under investigation or in question. Failure to obey
such order of the court may be punished by the court as contempt. [1994 c 154 § 210.]
42.52.400
42.52.370 Authority of commission on judicial conduct. The commission on judicial conduct shall enforce this
chapter and rules adopted under it with respect to state officers and employees of the judicial branch and may do so
according to procedures prescribed in Article IV, section 31
of the state Constitution. In addition to the sanctions authorized in Article IV, section 31 of the state Constitution, the
commission may impose sanctions authorized by this chapter. [1994 c 154 § 207.]
42.52.370
42.52.380 Political activities of board members. (1)
No member of the executive ethics board may (a) hold or
campaign for partisan elective office other than the position
of precinct committeeperson, or any full-time nonpartisan
office; (b) be an officer of any political party or political committee as defined in *chapter 42.17 RCW other than the position of precinct committeeperson; (c) permit his or her name
to be used, or make contributions, in support of or in opposition to any state candidate or state ballot measure; or (d)
lobby or control, direct, or assist a lobbyist except that such
member may appear before any committee of the legislature
on matters pertaining to this chapter.
(2) No citizen member of the legislative ethics board
may (a) hold or campaign for partisan elective office other
than the position of precinct committeeperson, or any fulltime nonpartisan office; (b) be an officer of any political
party or political committee as defined in *chapter 42.17
RCW, other than the position of precinct committeeperson;
(c) permit his or her name to be used, or make contributions,
in support of or in opposition to any legislative candidate, any
legislative caucus campaign committee that supports or
opposes legislative candidates, or any political action committee that supports or opposes legislative candidates; or (d)
engage in lobbying in the legislative branch under circumstances not exempt, under **RCW 42.17.160, from lobbyist
registration and reporting.
(3) No citizen member of the legislative ethics board
may hold or campaign for a seat in the state house of representatives or the state senate within two years of serving on
42.52.380
(2010 Ed.)
42.52.410 Filing complaint. (1) A person may, personally or by his or her attorney, make, sign, and file with the
appropriate ethics board a complaint on a form provided by
the appropriate ethics board. The complaint shall state the
name of the person alleged to have violated this chapter or
rules adopted under it and the particulars thereof, and contain
such other information as may be required by the appropriate
ethics board.
(2) If it has reason to believe that any person has been
engaged or is engaging in a violation of this chapter or rules
adopted under it, an ethics board may issue a complaint.
[1994 c 154 § 211.]
42.52.410
42.52.420 Investigation. (1) After the filing of any
complaint, except as provided in RCW 42.52.450, the staff of
the appropriate ethics board shall investigate the complaint.
The investigation shall be limited to the allegations contained
in the complaint.
(2) The results of the investigation shall be reduced to
writing and the staff shall either make a determination that
the complaint should be dismissed pursuant to RCW
42.52.425, or recommend to the board that there is or that
there is not reasonable cause to believe that a violation of this
chapter or rules adopted under it has been or is being committed.
42.52.420
[Title 42 RCW—page 121]
42.52.425
Title 42 RCW: Public Officers and Agencies
(3) The board’s determination on reasonable cause shall
be provided to the complainant and to the person named in
such complaint. [2000 c 211 § 1; 1994 c 154 § 212.]
42.52.425 Dismissal of complaint. (1) Based on the
investigation conducted under RCW 42.52.420 or 42.52.450,
and subject to rules issued by each board, the board or the
staff of the appropriate ethics board may issue an order of dismissal based on any of the following findings:
(a) Any violation that may have occurred is not within
the jurisdiction of the board;
(b) The complaint is obviously unfounded or frivolous;
or
(c) Any violation that may have occurred does not constitute a material violation because it was inadvertent and
minor, or has been cured, and, after consideration of all of the
circumstances, further proceedings would not serve the purposes of this chapter.
(2) Written notice of the determination under subsection
(1) of this section shall be provided to the complainant,
respondent, and the board. The written notice to the complainant shall include a statement of the complainant’s right
to appeal to the board under subsection (3) of this section if
the dismissal order was issued by staff.
(3) In the event that a complaint is dismissed by staff
under this section, the complainant may request that the
board review the action. Following review, the board shall:
(a) Affirm the staff dismissal;
(b) Direct the staff to conduct further investigation; or
(c) Issue a determination that there is reasonable cause to
believe that a violation has been or is being committed.
(4) The board’s decision under subsection (3) of this section shall be reduced to writing and provided to the complainant and the respondent. [2005 c 116 § 1; 2000 c 211 § 2.]
42.52.425
42.52.430 Public hearing—Findings. (1) If the ethics
board determines there is reasonable cause under RCW
42.52.420 that a violation of this chapter or rules adopted
under it occurred, a public hearing on the merits of the complaint shall be held.
(2) The ethics board shall designate the location of the
hearing. The case in support of the complaint shall be presented at the hearing by staff of the ethics board.
(3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with
or without counsel, and submit testimony and be fully heard.
The respondent has the right to cross-examine witnesses.
(4) Testimony taken at the hearing shall be under oath
and recorded.
(5) If, based upon a preponderance of the evidence, the
ethics board finds that the respondent has violated this chapter or rules adopted under it, the board shall file an order stating findings of fact and enforcement action as authorized
under this chapter.
(6) If, upon all the evidence, the ethics board finds that
the respondent has not engaged in an alleged violation of this
chapter or rules adopted under it, the ethics board shall state
findings of fact and shall similarly issue and file an order dismissing the complaint.
42.52.430
[Title 42 RCW—page 122]
(7) If the board makes a determination that there is not
reasonable cause to believe that a violation has been or is
being committed or has made a finding under subsection (6)
of this section, the attorney general shall represent the officer
or employee in any action subsequently commenced based on
the alleged facts in the complaint. [1994 c 154 § 213.]
42.52.440 Review of order. Except as otherwise provided by law, reconsideration or judicial review of an ethics
board’s order that a violation of this chapter or rules adopted
under it has occurred shall be governed by the provisions of
chapter 34.05 RCW applicable to review of adjudicative proceedings. [1994 c 154 § 214.]
42.52.440
42.52.450 Complaint against legislator or statewide
elected official. (1) If a complaint alleges a violation of
RCW 42.52.180 by a legislator or statewide elected official
other than the attorney general, the attorney general shall, if
requested by the appropriate ethics board, conduct the investigation under RCW 42.52.420 and recommend action.
(2) If a complaint alleges a violation of RCW 42.52.180
by the attorney general, the state auditor shall conduct the
investigation under RCW 42.52.420 and recommend action
to the appropriate ethics board. [2005 c 116 § 2; 1994 c 154
§ 215.]
42.52.450
42.52.460 Citizen actions. Any person who has notified the appropriate ethics board and the attorney general in
writing that there is reason to believe that RCW 42.52.180 is
being or has been violated may, in the name of the state, bring
a citizen action for any of the actions authorized under this
chapter. A citizen action may be brought only if the appropriate ethics board or the attorney general have failed to commence an action under this chapter within forty-five days
after notice from the person, the person has thereafter notified
the appropriate ethics board and the attorney general that the
person will commence a citizen’s action within ten days upon
their failure to commence an action, and the appropriate ethics board and the attorney general have in fact failed to bring
an action within ten days of receipt of the second notice.
If the person who brings the citizen’s action prevails, the
judgment awarded shall escheat to the state, but the person
shall be entitled to be reimbursed by the state of Washington
for costs and attorneys’ fees incurred. If a citizen’s action that
the court finds was brought without reasonable cause is dismissed, the court may order the person commencing the
action to pay all costs of trial and reasonable attorneys’ fees
incurred by the defendant.
Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is
a defendant, the office of the attorney general shall represent
the defendant if the attorney general finds that the defendant’s conduct complied with this chapter and was within the
scope of employment. [1994 c 154 § 216.]
42.52.460
42.52.470 Referral for enforcement. As appropriate,
an ethics board may refer a complaint:
(1) To an agency for initial investigation and proposed
resolution which shall be referred back to the appropriate ethics board for action; or
42.52.470
(2010 Ed.)
Ethics in Public Service
(2) To the attorney general’s office or prosecutor for
appropriate action. [1994 c 154 § 217.]
42.52.480 Action by boards. (1) Except as otherwise
provided by law, an ethics board may order payment of the
following amounts if it finds a violation of this chapter or
rules adopted under it after a hearing under RCW 42.52.370
or other applicable law:
(a) Any damages sustained by the state that are caused
by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five
thousand dollars per violation or three times the economic
value of any thing received or sought in violation of this
chapter or rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative costs,
which shall be included as part of the limit under (b) of this
subsection. The costs may not exceed the penalty imposed.
The payment owed on the penalty shall be reduced by the
amount of the costs paid.
(2) Damages under this section may be enforced in the
same manner as a judgment in a civil case. [1994 c 154 §
218.]
42.52.480
42.52.490 Action by attorney general. (1) Upon a
written determination by the attorney general that the action
of an ethics board was clearly erroneous or if requested by an
ethics board, the attorney general may bring a civil action in
the superior court of the county in which the violation is
alleged to have occurred against a state officer, state
employee, former state officer, former state employee, or
other person who has violated or knowingly assisted another
person in violating any of the provisions of this chapter or the
rules adopted under it. In such action the attorney general
may recover the following amounts on behalf of the state of
Washington:
(a) Any damages sustained by the state that are caused
by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five
thousand dollars per violation or three times the economic
value of any thing received or sought in violation of this
chapter or the rules adopted under it, whichever is greater;
and
(c) Costs, including reasonable investigative costs,
which shall be included as part of the limit under (b) of this
subsection. The costs may not exceed the penalty imposed.
The payment owed on the penalty shall be reduced by the
amount of the costs paid.
(2) In any civil action brought by the attorney general
upon the basis that the attorney general has determined that
the board’s action was clearly erroneous, the court shall not
proceed with the action unless the attorney general has first
shown, and the court has found, that the action of the board
was clearly erroneous. [1994 c 154 § 219.]
42.52.490
42.52.500 Optional hearings by administrative law
judge. If an ethics board finds that there is reasonable cause
to believe that a violation has occurred, the board shall consider the possibility of the alleged violator having to pay a
total amount of penalty and costs of more than five hundred
dollars. Based on such consideration, the board may give the
42.52.500
(2010 Ed.)
42.52.540
person who is the subject of the complaint the option to have
an administrative law judge conduct the hearing and rule on
procedural and evidentiary matters. The board may also, on
its own initiative, provide for retaining an administrative law
judge. An ethics board may not require total payment of more
than five hundred dollars in penalty and costs in any case
where an administrative law judge is not used and the board
did not give such option to the person who is the subject of
the complaint. [1994 c 154 § 220.]
42.52.510 Rescission of state action. (1) The attorney
general may, on request of the governor or the appropriate
agency, and in addition to other available rights of rescission,
bring an action in the superior court of Thurston county to
cancel or rescind state action taken by a state officer or state
employee, without liability to the state of Washington, contractual or otherwise, if the governor or ethics board has reason to believe that: (a) A violation of this chapter or rules
adopted under it has substantially influenced the state action,
and (b) the interest of the state requires the cancellation or
rescission. The governor may suspend state action pending
the determination of the merits of the controversy under this
section. The court may permit persons affected by the governor’s actions to post an adequate bond pending such resolution to ensure compliance by the defendant with the final
judgment, decree, or other order of the court.
(2) This section does not limit other available remedies.
[1994 c 154 § 221.]
42.52.510
42.52.520 Disciplinary action. (1) A violation of this
chapter or rules adopted under it is grounds for disciplinary
action.
(2) The procedures for any such action shall correspond
to those applicable for disciplinary action for employee misconduct generally; for those state officers and state employees not specifically exempted in chapter 41.06 RCW, the
rules set forth in chapter 41.06 RCW shall apply. Any action
against the state officer or state employee shall be subject to
judicial review to the extent provided by law for disciplinary
action for misconduct of state officers and state employees of
the same category and grade. [1994 c 154 § 222; 1969 ex.s.
c 234 § 26. Formerly RCW 42.18.260.]
42.52.520
42.52.530 Additional investigative authority. In addition to other authority under this chapter, the attorney general
may investigate persons not under the jurisdiction of an ethics board whom the attorney general has reason to believe
were involved in transactions in violation of this chapter or
rules adopted under it. [1994 c 154 § 223.]
42.52.530
42.52.540 Limitations period. Any action taken under
this chapter must be commenced within five years from the
date of the violation. However, if it is shown that the violation was not discovered because of concealment by the person charged, then the action must be commenced within two
years from the date the violation was discovered or reasonably should have been discovered: (1) By any person with
direct or indirect supervisory responsibilities over the person
who allegedly committed the violation; or (2) if no person has
direct or indirect supervisory authority over the person who
42.52.540
[Title 42 RCW—page 123]
42.52.550
Title 42 RCW: Public Officers and Agencies
committed the violation, by the appropriate ethics board.
[1994 c 154 § 224.]
42.52.550
42.52.550 Compensation of ethics boards. The citizen
members of the legislative ethics board and the members of
the executive ethics board shall be compensated as provided
in RCW 43.03.250 and reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060. Legislator members of the legislative ethics board shall be reimbursed as provided in RCW 44.04.120. [1994 c 154 § 227.]
42.52.560
42.52.560 Communications from an employee organization or charitable organization—Distribution by
state employee. (1) Nothing in this chapter prohibits a state
employee from distributing communications from an
employee organization or charitable organization to other
state employees if the communications do not support or
oppose a ballot proposition or candidate for federal, state, or
local public office. Nothing in this section shall be construed
to authorize any lobbying activity with public funds beyond
the activity permitted by *RCW 42.17.190.
(2) "Employee organization," for purposes of this section, means any organization, union, or association in which
employees participate and that exists for the purpose of collective bargaining with employers or for the purpose of
opposing collective bargaining or certification of a union.
[2006 c 217 § 1.]
*Reviser’s note: RCW 42.17.190 was recodified as RCW 42.17A.635
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
42.52.570
42.52.570 Private business activity policy—Department of fish and wildlife—Parks and recreation commission. (1) The department of fish and wildlife and the parks
and recreation commission may approve private business
activity in state-owned housing provided under Title 77
RCW or chapter 79A.05 RCW.
(2) Prior to granting approval of private business activity
in state-owned housing, the department of fish and wildlife
and the parks and recreation commission must adopt a private
business activity policy that is approved by the executive ethics board.
(a) The private business activity policy may only authorize private business activity by the resident state employee
while the employee is off duty or the employee’s spouse who
is approved for residency in the agency housing or the
employee’s children.
(b) The private business activity policy may not allow
private business activity that negatively impacts the agency’s
operations. For the purposes of this section, "negatively
impacts" includes but is not limited to: (i) Negative impacts
to visitors’ services or access; (ii) in-person visits to stateowned housing for the purpose of transacting business that
negatively impacts agency operations; (iii) the incurrence of
additional expenses by the state; (iv) the use of signage in the
state-owned residence; (v) advertising on state-owned property; or (vi) an appearance of state endorsement of the private
business activity.
(3) The private business activity must comply with all
other local, state, and federal laws.
[Title 42 RCW—page 124]
(4) All approvals of a private business activity in stateowned housing must be by the agency director or designee in
writing.
(5) A state employee is presumed not to be in violation of
RCW 42.52.070 or 42.52.160 if the employee or the
employee’s spouse or child complies with this section. [2008
c 247 § 1.]
42.52.800 Exemptions—Solicitation for state capitol
historic furnishings and preservation and restoration of
state legislative building. (1) When soliciting charitable
gifts, grants, or donations solely for the limited purposes of
RCW 27.48.040, members of the capitol furnishings preservation committee are exempt from the laws of this chapter.
(2) When soliciting charitable gifts, grants, or donations
solely for the limited purposes of RCW 27.48.050 or when
assisting a nonprofit foundation established for the purposes
of RCW 27.48.050, state officers and state employees are
exempt from the laws of this chapter. [2002 c 167 § 3; 1999
c 343 § 4.]
42.52.800
Findings—Effective date—2002 c 167: See notes following RCW
27.48.050.
Findings—Purpose—1999 c 343: See note following RCW
27.48.040.
42.52.801 Exemption—Solicitation to promote tourism. When soliciting charitable gifts, grants, or donations
solely for the purposes of promoting the *expansion of tourism as provided for in RCW 43.330.090, state officers and
state employees are presumed not to be in violation of the
solicitation and receipt of gift provisions in RCW 42.52.140.
[2003 c 153 § 5.]
42.52.801
*Reviser’s note: RCW 43.330.090 was amended by 2007 c 228 § 201,
deleting subsection (2) which directly related to "expansion of tourism."
Findings—2003 c 153: See note following RCW 43.330.090.
42.52.802 Exemption—Solicitation for Washington
state legacy project, state library, and archives account.
This chapter does not prohibit the secretary of state or a designee from soliciting and accepting contributions to the
Washington state legacy project, state library, and archives
account created in RCW 43.07.380. [2008 c 222 § 14; 2003
c 164 § 4.]
42.52.802
Purpose—2008 c 222: See note following RCW 44.04.320.
42.52.8021 Exemption—Solicitation for Washington
state flag account. This chapter does not prohibit the secretary of state or the secretary of state’s designee from soliciting and accepting contributions to the Washington state flag
account created in RCW 43.07.388. [2009 c 71 § 3.]
42.52.8021
42.52.803 Exemption—Solicitation for legislative
oral history account. This chapter does not prohibit the secretary of the senate, the chief clerk of the house of representatives, or their designee from soliciting and accepting contributions to the legislative oral history account created in RCW
44.04.345. [2008 c 222 § 2.]
42.52.803
Purpose—2008 c 222: See note following RCW 44.04.320.
(2010 Ed.)
Ethics in Public Service
42.52.804 Exemption—Health profession board or
commission—Professional opinions. Members of a health
profession board or commission as identified in RCW
18.130.040(2)(b) may express their professional opinions to
an elected official about the work of the board or commission
on which the member serves, even if those opinions differ
from the department of health’s official position. Such communication shall be to inform the elected official and not to
lobby in support or opposition to any initiative to the legislature. [2008 c 134 § 15.]
42.52.804
Finding—Intent—Severability—2008 c 134: See notes following
RCW 18.130.020.
42.52.805 Solicitation for charitable activities of
executive branch state employees—Limitations—Definitions. (1) When soliciting gifts, grants, or donations solely to
support the charitable activities of executive branch state
employees conducted pursuant to RCW 9.46.0209, the executive branch state officers and executive branch state
employees are presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.140. However, the gifts, grants, or donations must only be solicited
from state employees or businesses and organizations that
have no business dealings with the soliciting employee’s
agency. For the purposes of this subsection, "business dealings" includes being subject to regulation by the agency, having a contractual relationship with the agency, and purchasing goods or services from the agency.
(2) For purposes of this section, activities are deemed to
be charitable if the activities are devoted to the purposes
authorized under RCW 9.46.0209 for charitable and nonprofit organizations listed in that section, or are in support of
the activities of those charitable or nonprofit organizations.
[2007 c 452 § 2.]
42.52.805
42.52.810 Solicitation for the legislative international
trade account—Report. (1) When soliciting charitable
gifts, grants, or donations solely for the legislative international trade account created in *RCW 44.04.270, the president of the senate is presumed not to be in violation of the
solicitation and receipt of gift provisions in RCW 42.52.140.
(2) When soliciting charitable gifts, grants, or donations
solely for the legislative international trade account created in
*RCW 44.04.270, state officers and state employees are presumed not to be in violation of the solicitation and receipt of
gift provisions in RCW 42.52.140.
(3) An annual report of the legislative international trade
account activities, including a list of receipts and expenditures, shall be published by the president of the senate and
submitted to the house of representatives and the senate and
be a public record for the purposes of RCW 42.56.070. [2005
c 274 § 293; 2003 c 265 § 2.]
42.52.810
*Reviser’s note: RCW 44.04.270 was recodified as RCW 43.15.050
pursuant to 2006 c 317 § 5.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
42.52.820 Solicitation for hosting national legislative
association conference. When soliciting gifts, grants, or
donations to host an official conference within the state of
Washington of a national legislative association as approved
42.52.820
(2010 Ed.)
42.52.903
by both the chief clerk and the secretary of the senate, designated legislative officials and designated legislative employees are presumed not to be in violation of the solicitation and
receipt of gift provisions in this chapter. For the purposes of
this section, any legislative association must include among
its membership the Washington state legislature or individual
legislators or legislative staff. [2003 1st sp.s. c 23 § 1.]
42.52.900 Legislative declaration. Government
derives its powers from the people. Ethics in government are
the foundation on which the structure of government rests.
State officials and employees of government hold a public
trust that obligates them, in a special way, to honesty and
integrity in fulfilling the responsibilities to which they are
elected and appointed. Paramount in that trust is the principle
that public office, whether elected or appointed, may not be
used for personal gain or private advantage.
The citizens of the state expect all state officials and
employees to perform their public responsibilities in accordance with the highest ethical and moral standards and to
conduct the business of the state only in a manner that
advances the public’s interest. State officials and employees
are subject to the sanctions of law and scrutiny of the media;
ultimately, however, they are accountable to the people and
must consider this public accountability as a particular obligation of the public service. Only when affairs of government
are conducted, at all levels, with openness as provided by law
and an unswerving commitment to the public good does government work as it should.
The obligations of government rest equally on the state’s
citizenry. The effectiveness of government depends, fundamentally, on the confidence citizens can have in the judgments and decisions of their elected representatives. Citizens,
therefore, should honor and respect the principles and the
spirit of representative democracy, recognizing that both
elected and appointed officials, together with state employees, seek to carry out their public duties with professional
skill and dedication to the public interest. Such service merits
public recognition and support.
All who have the privilege of working for the people of
Washington state can have but one aim: To give the highest
public service to its citizens. [1994 c 154 § 1.]
42.52.900
42.52.901 Liberal construction. This chapter shall be
construed liberally to effectuate its purposes and policy and
to supplement existing laws as may relate to the same subject.
[1994 c 154 § 301.]
42.52.901
42.52.902 Parts and captions not law—1994 c 154.
Parts and captions used in this act do not constitute any part
of the law. [1994 c 154 § 302.]
42.52.902
42.52.903 Serving on board, committee, or commission not prevented. Nothing in this chapter shall be interpreted to prevent a member of a board, committee, advisory
commission, or other body required or permitted by statute to
be appointed from any identifiable group or interest, from
serving on such body in accordance with the intent of the legislature in establishing such body. [1969 ex.s. c 234 § 33.
Formerly RCW 42.18.330.]
42.52.903
[Title 42 RCW—page 125]
42.52.904
Title 42 RCW: Public Officers and Agencies
42.52.904 Effective date—1994 c 154. Sections 101
through 121, 203, 204, 207 through 224, and 301 through 317
of this act shall take effect January 1, 1995. [1994 c 154 §
319.]
42.52.904
42.52.905 Severability—1994 c 154. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 154 § 320.]
42.52.905
42.52.906 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 105.]
42.52.906
Chapter 42.56
Chapter 42.56 RCW
PUBLIC RECORDS ACT
Sections
42.56.001
42.56.010
42.56.020
42.56.030
42.56.040
42.56.050
42.56.060
42.56.070
42.56.080
42.56.090
42.56.100
42.56.110
42.56.120
42.56.130
42.56.140
42.56.210
42.56.230
42.56.240
42.56.250
42.56.260
42.56.270
42.56.280
42.56.290
42.56.300
42.56.310
42.56.320
42.56.330
42.56.335
42.56.340
42.56.350
42.56.360
42.56.370
42.56.380
42.56.390
42.56.400
42.56.403
Finding, purpose.
Definitions.
Short title.
Construction.
Duty to publish procedures.
Invasion of privacy, when.
Disclaimer of public liability.
Documents and indexes to be made public.
Facilities for copying—Availability of public records.
Times for inspection and copying—Posting on web site.
Protection of public records—Public access.
Destruction of information relating to employee misconduct.
Charges for copying.
Other provisions not superseded.
Public records exemptions accountability committee.
Certain personal and other records exempt.
Personal information.
Investigative, law enforcement, and crime victims.
Employment and licensing.
Real estate appraisals.
Financial, commercial, and proprietary information.
Preliminary drafts, notes, recommendations, intra-agency
memorandums.
Agency party to controversy.
Archaeological sites.
Library records.
Educational information.
Public utilities and transportation.
Public utility districts and municipally owned electrical utilities—Restrictions on access by law enforcement authorities.
Timeshare, condominium, etc. owner lists.
Health professionals.
Health care.
Domestic violence program, rape crisis center clients.
Agriculture and livestock.
Emergency or transitional housing.
Insurance and financial institutions.
Property and casualty insurance statements of actuarial opinion.
[Title 42 RCW—page 126]
42.56.410
42.56.420
42.56.430
42.56.440
42.56.450
42.56.460
42.56.470
42.56.480
42.56.510
42.56.520
42.56.530
42.56.540
42.56.550
42.56.560
42.56.565
42.56.570
42.56.580
42.56.590
42.56.600
42.56.610
42.56.900
42.56.901
42.56.902
42.56.903
42.56.904
Employment security department records, certain purposes.
Security.
Fish and wildlife.
Veterans’ discharge papers—Exceptions.
Check cashers and sellers licensing applications.
Fireworks.
Correctional industries workers.
Inactive programs.
Duty to disclose or withhold information—Otherwise provided.
Prompt responses required.
Review of agency denial.
Court protection of public records.
Judicial review of agency actions.
Application of RCW 42.56.550.
Inspection or copying by persons serving criminal sentences—
Injunction.
Explanatory pamphlet.
Public records officers.
Personal information—Notice of security breaches.
Mediation communications.
Certain information from dairies and feedlots limited—Rules.
Purpose—2005 c 274 §§ 402-429.
Part headings not law—2005 c 274.
Effective date—2005 c 274.
Effective date—2006 c 209.
Intent—2007 c 391.
Criminal records privacy: Chapter 10.97 RCW.
42.56.001 Finding, purpose. The legislature finds that
chapter 42.17 RCW contains laws relating to several discrete
subjects. Therefore, the purpose of chapter 274, Laws of
2005 is to recodify some of those laws and create a new chapter in the Revised Code of Washington that contains laws pertaining to public records. [2005 c 274 § 1.]
42.56.001
42.56.010 Definitions. (Effective until January 1,
2012.) The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Agency" includes all state agencies and all local
agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state
agency. "Local agency" includes every county, city, town,
municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division,
bureau, board, commission, or agency thereof, or other local
public agency.
(2) "Public record" includes any writing containing
information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics. For the office
of the secretary of the senate and the office of the chief clerk
of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the
following: All budget and financial records; personnel leave,
travel, and payroll records; records of legislative sessions;
reports submitted to the legislature; and any other record designated a public record by any official action of the senate or
the house of representatives.
(3) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of
recording any form of communication or representation
including, but not limited to, letters, words, pictures, sounds,
or symbols, or combination thereof, and all papers, maps,
magnetic or paper tapes, photographic films and prints,
motion picture, film and video recordings, magnetic or
punched cards, discs, drums, diskettes, sound recordings, and
42.56.010
(2010 Ed.)
Public Records Act
other documents including existing data compilations from
which information may be obtained or translated. [2007 c
197 § 1; 2005 c 274 § 101.]
42.56.060
sions of this chapter shall govern. [2007 c 197 § 2; 2005 c
274 § 283; 1992 c 139 § 2. Formerly RCW 42.17.251.]
42.56.040 Duty to publish procedures. (1) Each state
agency shall separately state and currently publish in the
Washington Administrative Code and each local agency shall
prominently display and make available for inspection and
copying at the central office of such local agency, for guidance of the public:
(a) Descriptions of its central and field organization and
the established places at which, the employees from whom,
and the methods whereby, the public may obtain information,
make submittals or requests, or obtain copies of agency decisions;
(b) Statements of the general course and method by
which its operations are channeled and determined, including
the nature and requirements of all formal and informal procedures available;
(c) Rules of procedure;
(d) Substantive rules of general applicability adopted as
authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by
the agency; and
(e) Each amendment or revision to, or repeal of any of
the foregoing.
(2) Except to the extent that he has actual and timely
notice of the terms thereof, a person may not in any manner
be required to resort to, or be adversely affected by, a matter
required to be published or displayed and not so published or
displayed. [1973 c 1 § 25 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.250.]
42.56.040
42.56.010
42.56.010 Definitions. (Effective January 1, 2012.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" includes all state agencies and all local
agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state
agency. "Local agency" includes every county, city, town,
municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division,
bureau, board, commission, or agency thereof, or other local
public agency.
(2) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, "person in interest" means and includes the parent or duly
appointed legal representative.
(3) "Public record" includes any writing containing
information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics. For the office
of the secretary of the senate and the office of the chief clerk
of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the
following: All budget and financial records; personnel leave,
travel, and payroll records; records of legislative sessions;
reports submitted to the legislature; and any other record designated a public record by any official action of the senate or
the house of representatives.
(4) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of
recording any form of communication or representation
including, but not limited to, letters, words, pictures, sounds,
or symbols, or combination thereof, and all papers, maps,
magnetic or paper tapes, photographic films and prints,
motion picture, film and video recordings, magnetic or
punched cards, discs, drums, diskettes, sound recordings, and
other documents including existing data compilations from
which information may be obtained or translated. [2010 c
204 § 1005; 2007 c 197 § 1; 2005 c 274 § 101.]
42.56.020
42.56.020 Short title. This chapter may be known and
cited as the public records act. [2005 c 274 § 102.]
42.56.030
42.56.030 Construction. The people of this state do not
yield their sovereignty to the agencies that serve them. The
people, in delegating authority, do not give their public servants the right to decide what is good for the people to know
and what is not good for them to know. The people insist on
remaining informed so that they may maintain control over
the instruments that they have created. This chapter shall be
liberally construed and its exemptions narrowly construed to
promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between
the provisions of this chapter and any other act, the provi(2010 Ed.)
42.56.050 Invasion of privacy, when. A person’s
"right to privacy," "right of privacy," "privacy," or "personal
privacy," as these terms are used in this chapter, is invaded or
violated only if disclosure of information about the person:
(1) Would be highly offensive to a reasonable person, and (2)
is not of legitimate concern to the public. The provisions of
this chapter dealing with the right to privacy in certain public
records do not create any right of privacy beyond those rights
that are specified in this chapter as express exemptions from
the public’s right to inspect, examine, or copy public records.
[1987 c 403 § 2. Formerly RCW 42.17.255.]
42.56.050
Intent—1987 c 403: "The legislature intends to restore the law relating
to the release of public records largely to that which existed prior to the
Washington Supreme Court decision in "In Re Rosier," 105 Wn.2d 606
(1986). The intent of this legislation is to make clear that: (1) Absent statutory provisions to the contrary, agencies possessing records should in
responding to requests for disclosure not make any distinctions in releasing
or not releasing records based upon the identity of the person or agency
which requested the records, and (2) agencies having public records should
rely only upon statutory exemptions or prohibitions for refusal to provide
public records. Further, to avoid unnecessary confusion, "privacy" as used in
RCW 42.17.255 is intended to have the same meaning as the definition given
that word by the Supreme Court in "Hearst v. Hoppe," 90 Wn.2d 123, 135
(1978)." [1987 c 403 § 1.]
Additional notes found at www.leg.wa.gov
42.56.060 Disclaimer of public liability. No public
agency, public official, public employee, or custodian shall
be liable, nor shall a cause of action exist, for any loss or
damage based upon the release of a public record if the public
agency, public official, public employee, or custodian acted
42.56.060
[Title 42 RCW—page 127]
42.56.070
Title 42 RCW: Public Officers and Agencies
in good faith in attempting to comply with the provisions of
this chapter. [1992 c 139 § 11. Formerly RCW 42.17.258]
42.56.070 Documents and indexes to be made public.
(1) Each agency, in accordance with published rules, shall
make available for public inspection and copying all public
records, unless the record falls within the specific exemptions
of *subsection (6) of this section, this chapter, or other statute
which exempts or prohibits disclosure of specific information
or records. To the extent required to prevent an unreasonable
invasion of personal privacy interests protected by this chapter, an agency shall delete identifying details in a manner
consistent with this chapter when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing.
(2) For informational purposes, each agency shall publish and maintain a current list containing every law, other
than those listed in this chapter, that the agency believes
exempts or prohibits disclosure of specific information or
records of the agency. An agency’s failure to list an exemption shall not affect the efficacy of any exemption.
(3) Each local agency shall maintain and make available
for public inspection and copying a current index providing
identifying information as to the following records issued,
adopted, or promulgated after January 1, 1973:
(a) Final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by
the agency;
(c) Administrative staff manuals and instructions to staff
that affect a member of the public;
(d) Planning policies and goals, and interim and final
planning decisions;
(e) Factual staff reports and studies, factual consultant’s
reports and studies, scientific reports and studies, and any
other factual information derived from tests, studies, reports,
or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by
and with the agency relating to any regulatory, supervisory,
or enforcement responsibilities of the agency, whereby the
agency determines, or opines upon, or is asked to determine
or opine upon, the rights of the state, the public, a subdivision
of state government, or of any private party.
(4) A local agency need not maintain such an index, if to
do so would be unduly burdensome, but it shall in that event:
(a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly
burden or interfere with agency operations; and
(b) Make available for public inspection and copying all
indexes maintained for agency use.
(5) Each state agency shall, by rule, establish and implement a system of indexing for the identification and location
of the following records:
(a) All records issued before July 1, 1990, for which the
agency has maintained an index;
(b) Final orders entered after June 30, 1990, that are
issued in adjudicative proceedings as defined in RCW
34.05.010 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;
42.56.070
[Title 42 RCW—page 128]
(c) Declaratory orders entered after June 30, 1990, that
are issued pursuant to RCW 34.05.240 and that contain an
analysis or decision of substantial importance to the agency
in carrying out its duties;
(d) Interpretive statements as defined in RCW 34.05.010
that were entered after June 30, 1990; and
(e) Policy statements as defined in RCW 34.05.010 that
were entered after June 30, 1990.
Rules establishing systems of indexing shall include, but
not be limited to, requirements for the form and content of the
index, its location and availability to the public, and the
schedule for revising or updating the index. State agencies
that have maintained indexes for records issued before July 1,
1990, shall continue to make such indexes available for public inspection and copying. Information in such indexes may
be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this
subsection by making available to the public indexes prepared by other parties but actually used by the agency in its
operations. State agencies shall make indexes available for
public inspection and copying. State agencies may charge a
fee to cover the actual costs of providing individual mailed
copies of indexes.
(6) A public record may be relied on, used, or cited as
precedent by an agency against a party other than an agency
and it may be invoked by the agency for any other purpose
only if:
(a) It has been indexed in an index available to the public; or
(b) Parties affected have timely notice (actual or constructive) of the terms thereof.
(7) Each agency shall establish, maintain, and make
available for public inspection and copying a statement of the
actual per page cost or other costs, if any, that it charges for
providing photocopies of public records and a statement of
the factors and manner used to determine the actual per page
cost or other costs, if any.
(a) In determining the actual per page cost for providing
photocopies of public records, an agency may include all
costs directly incident to copying such public records including the actual cost of the paper and the per page cost for use
of agency copying equipment. In determining other actual
costs for providing photocopies of public records, an agency
may include all costs directly incident to shipping such public
records, including the cost of postage or delivery charges and
the cost of any container or envelope used.
(b) In determining the actual per page cost or other costs
for providing copies of public records, an agency may not
include staff salaries, benefits, or other general administrative
or overhead charges, unless those costs are directly related to
the actual cost of copying the public records. Staff time to
copy and mail the requested public records may be included
in an agency’s costs.
(8) An agency need not calculate the actual per page cost
or other costs it charges for providing photocopies of public
records if to do so would be unduly burdensome, but in that
event: The agency may not charge in excess of fifteen cents
per page for photocopies of public records or for the use of
agency equipment to photocopy public records and the actual
postage or delivery charge and the cost of any container or
envelope used to mail the public records to the requestor.
(2010 Ed.)
Public Records Act
(9) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or
the office of the chief clerk of the house of representatives to
give, sell or provide access to lists of individuals requested
for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the
house of representatives shall not do so unless specifically
authorized or directed by law: PROVIDED, HOWEVER,
That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized
by their professional licensing or examination board, upon
payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good
cause pursuant to a hearing under the provisions of chapter
34.05 RCW, the Administrative Procedure Act. [2005 c 274
§ 284; 1997 c 409 § 601. Prior: 1995 c 397 § 11; 1995 c 341
§ 1; 1992 c 139 § 3; 1989 c 175 § 36; 1987 c 403 § 3; 1975
1st ex.s. c 294 § 14; 1973 c 1 § 26 (Initiative Measure No.
276, approved November 7, 1972). Formerly RCW
42.17.260.]
*Reviser’s note: Subsection (6) of this section was renumbered as subsection (7) by 1992 c 139 § 3; and subsection (7) was subsequently renumbered as subsection (9) by 1995 c 341 § 1.
Intent—Severability—1987 c 403: See notes following RCW
42.56.050.
Exemption for registered trade names: RCW 19.80.065.
Additional notes found at www.leg.wa.gov
42.56.080 Facilities for copying—Availability of public records. Public records shall be available for inspection
and copying, and agencies shall, upon request for identifiable
public records, make them promptly available to any person
including, if applicable, on a partial or installment basis as
records that are part of a larger set of requested records are
assembled or made ready for inspection or disclosure. Agencies shall not deny a request for identifiable public records
solely on the basis that the request is overbroad. Agencies
shall not distinguish among persons requesting records, and
such persons shall not be required to provide information as
to the purpose for the request except to establish whether
inspection and copying would violate RCW 42.56.070(9) or
other statute which exempts or prohibits disclosure of specific information or records to certain persons. Agency facilities shall be made available to any person for the copying of
public records except when and to the extent that this would
unreasonably disrupt the operations of the agency. Agencies
shall honor requests received by mail for identifiable public
records unless exempted by provisions of this chapter. [2005
c 483 § 1; 2005 c 274 § 285; 1987 c 403 § 4; 1975 1st ex.s. c
294 § 15; 1973 c 1 § 27 (Initiative Measure No. 276,
approved November 7, 1972). Formerly RCW 42.17.270.]
42.56.080
Reviser’s note: This section was amended by 2005 c 274 § 285 and by
2005 c 483 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Severability—1987 c 403: See notes following RCW
42.56.050.
42.56.090 Times for inspection and copying—Posting
on web site. Public records shall be available for inspection
42.56.090
(2010 Ed.)
42.56.120
and copying during the customary office hours of the agency,
the office of the secretary of the senate, and the office of the
chief clerk of the house of representatives for a minimum of
thirty hours per week, except weeks that include state legal
holidays, unless the person making the request and the
agency, the office of the secretary of the senate, or the office
of the chief clerk of the house of representatives or its representative agree on a different time. Customary business
hours must be posted on the agency or office’s web site and
made known by other means designed to provide the public
with notice. [2009 c 428 § 2; 1995 c 397 § 12; 1973 c 1 § 28
(Initiative Measure No. 276, approved November 7, 1972).
Formerly RCW 42.17.280.]
42.56.100 Protection of public records—Public
access. Agencies shall adopt and enforce reasonable rules
and regulations, and the office of the secretary of the senate
and the office of the chief clerk of the house of representatives shall adopt reasonable procedures allowing for the time,
resource, and personnel constraints associated with legislative sessions, consonant with the intent of this chapter to provide full public access to public records, to protect public
records from damage or disorganization, and to prevent
excessive interference with other essential functions of the
agency, the office of the secretary of the senate, or the office
of the chief clerk of the house of representatives. Such rules
and regulations shall provide for the fullest assistance to
inquirers and the most timely possible action on requests for
information. Nothing in this section shall relieve agencies,
the office of the secretary of the senate, and the office of the
chief clerk of the house of representatives from honoring
requests received by mail for copies of identifiable public
records.
If a public record request is made at a time when such
record exists but is scheduled for destruction in the near
future, the agency, the office of the secretary of the senate, or
the office of the chief clerk of the house of representatives
shall retain possession of the record, and may not destroy or
erase the record until the request is resolved. [1995 c 397 §
13; 1992 c 139 § 4; 1975 1st ex.s. c 294 § 16; 1973 c 1 § 29
(Initiative Measure No. 276, approved November 7, 1972).
Formerly RCW 42.17.290.]
42.56.100
42.56.110 Destruction of information relating to
employee misconduct. Nothing in this chapter prevents an
agency from destroying information relating to employee
misconduct or alleged misconduct, in accordance with RCW
41.06.450, to the extent necessary to ensure fairness to the
employee. [1982 c 208 § 13. Formerly RCW 42.17.295.]
42.56.110
Additional notes found at www.leg.wa.gov
42.56.120 Charges for copying. No fee shall be
charged for the inspection of public records. No fee shall be
charged for locating public documents and making them
available for copying. A reasonable charge may be imposed
for providing copies of public records and for the use by any
person of agency equipment or equipment of the office of the
secretary of the senate or the office of the chief clerk of the
house of representatives to copy public records, which
charges shall not exceed the amount necessary to reimburse
42.56.120
[Title 42 RCW—page 129]
42.56.130
Title 42 RCW: Public Officers and Agencies
the agency, the office of the secretary of the senate, or the
office of the chief clerk of the house of representatives for its
actual costs directly incident to such copying. Agency
charges for photocopies shall be imposed in accordance with
the actual per page cost or other costs established and published by the agency. In no event may an agency charge a per
page cost greater than the actual per page cost as established
and published by the agency. To the extent the agency has not
determined the actual per page cost for photocopies of public
records, the agency may not charge in excess of fifteen cents
per page. An agency may require a deposit in an amount not
to exceed ten percent of the estimated cost of providing copies for a request. If an agency makes a request available on a
partial or installment basis, the agency may charge for each
part of the request as it is provided. If an installment of a
records request is not claimed or reviewed, the agency is not
obligated to fulfill the balance of the request. [2005 c 483 §
2. Prior: 1995 c 397 § 14; 1995 c 341 § 2; 1973 c 1 § 30 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.300.]
42.56.130 Other provisions not superseded. The provisions of RCW 42.56.070(7) and (8) and 42.56.120 that
establish or allow agencies to establish the costs charged for
photocopies of public records do not supersede other statutory provisions, other than in this chapter, authorizing or governing fees for copying public records. [2005 c 274 § 286;
1995 c 341 § 3. Formerly RCW 42.17.305.]
42.56.130
42.56.140 Public records exemptions accountability
committee. (1)(a) The public records exemptions accountability committee is created to review exemptions from public disclosure, with thirteen members as provided in this subsection.
(i) The governor shall appoint two members, one of
whom represents the governor and one of whom represents
local government.
(ii) The attorney general shall appoint two members, one
of whom represents the attorney general and one of whom
represents a statewide media association.
(iii) The state auditor shall appoint one member.
(iv) The president of the senate shall appoint one member from each of the two largest caucuses of the senate.
(v) The speaker of the house of representatives shall
appoint one member from each of the two largest caucuses of
the house of representatives.
(vi) The governor shall appoint four members of the public, with consideration given to diversity of viewpoint and
geography.
(b) The governor shall select the chair of the committee
from among its membership.
(c) Terms of the members shall be four years and shall be
staggered, beginning August 1, 2007.
(2) The purpose of the public records exemptions
accountability committee is to review public disclosure
exemptions and provide recommendations pursuant to subsection (7)(d) of this section. The committee shall develop
and publish criteria for review of public exemptions.
(3) All meetings of the committee shall be open to the
public.
42.56.140
[Title 42 RCW—page 130]
(4) The committee must consider input from interested
parties.
(5) The office of the attorney general and the office of
financial management shall provide staff support to the committee.
(6) Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW
44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed
for travel expenses in accordance with RCW 43.03.050 and
43.03.060.
(7)(a) Beginning August 1, 2007, the code reviser shall
provide the committee by August 1st of each year with a list
of all public disclosure exemptions in the Revised Code of
Washington.
(b) The committee shall develop a schedule to accomplish a review of each public disclosure exemption. The
committee shall publish the schedule and publish any revisions made to the schedule.
(c) The chair shall convene an initial meeting of the committee by September 1, 2007. The committee shall meet at
least once a quarter and may hold additional meetings at the
call of the chair or by a majority vote of the members of the
committee.
(d) For each public disclosure exemption, the committee
shall provide a recommendation as to whether the exemption
should be continued without modification, modified, scheduled for sunset review at a future date, or terminated. By
November 15th of each year, the committee shall transmit its
recommendations to the governor, the attorney general, and
the appropriate committees of the house of representatives
and the senate. [2007 c 198 § 2.]
Finding—2007 c 198: "The legislature recognizes that public disclosure exemptions are enacted to meet objectives that are determined to be in
the public interest. Given the changing nature of information technology and
management, recordkeeping, and the increasing number of public disclosure
exemptions, the legislature finds that periodic reviews of public disclosure
exemptions are needed to determine if each exemption serves the public
interest." [2007 c 198 § 1.]
42.56.210 Certain personal and other records
exempt. (1) Except for information described in RCW
42.56.230(3)(a) and confidential income data exempted from
public inspection pursuant to RCW 84.40.020, the exemptions of this chapter are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the
specific records sought. No exemption may be construed to
permit the nondisclosure of statistical information not
descriptive of any readily identifiable person or persons.
(2) Inspection or copying of any specific records exempt
under the provisions of this chapter may be permitted if the
superior court in the county in which the record is maintained
finds, after a hearing with notice thereof to every person in
interest and the agency, that the exemption of such records is
clearly unnecessary to protect any individual’s right of privacy or any vital governmental function.
(3) Agency responses refusing, in whole or in part,
inspection of any public record shall include a statement of
the specific exemption authorizing the withholding of the
record (or part) and a brief explanation of how the exemption
applies to the record withheld. [2005 c 274 § 402. Prior:
42.56.210
(2010 Ed.)
Public Records Act
(2006 c 302 § 11 expired July 1, 2006); (2006 c 75 § 2
expired July 1, 2006); (2006 c 8 § 111 expired July 1, 2006);
(2003 1st sp.s. c 26 § 926 expired June 30, 2005); 2003 c 277
§ 3; 2003 c 124 § 1; prior: 2002 c 335 § 1; 2002 c 224 § 2;
2002 c 205 § 4; 2002 c 172 § 1; prior: 2001 c 278 § 1; 2001
c 98 § 2; 2001 c 70 § 1; prior: 2000 c 134 § 3; 2000 c 56 § 1;
2000 c 6 § 5; prior: 1999 c 326 § 3; 1999 c 290 § 1; 1999 c
215 § 1; 1998 c 69 § 1; prior: 1997 c 310 § 2; 1997 c 274 §
8; 1997 c 250 § 7; 1997 c 239 § 4; 1997 c 220 § 120 (Referendum Bill No. 48, approved June 17, 1997); 1997 c 58 §
900; prior: 1996 c 305 § 2; 1996 c 253 § 302; 1996 c 191 §
88; 1996 c 80 § 1; 1995 c 267 § 6; prior: 1994 c 233 § 2; 1994
c 182 § 1; prior: 1993 c 360 § 2; 1993 c 320 § 9; 1993 c 280
§ 35; prior: 1992 c 139 § 5; 1992 c 71 § 12; 1991 c 301 § 13;
1991 c 87 § 13; 1991 c 23 § 10; 1991 c 1 § 1; 1990 2nd ex.s.
c 1 § 1103; 1990 c 256 § 1; prior: 1989 1st ex.s. c 9 § 407;
1989 c 352 § 7; 1989 c 279 § 23; 1989 c 238 § 1; 1989 c 205
§ 20; 1989 c 189 § 3; 1989 c 11 § 12; prior: 1987 c 411 § 10;
1987 c 404 § 1; 1987 c 370 § 16; 1987 c 337 § 1; 1987 c 107
§ 2; prior: 1986 c 299 § 25; 1986 c 276 § 7; 1985 c 414 § 8;
1984 c 143 § 21; 1983 c 133 § 10; 1982 c 64 § 1; 1977 ex.s. c
314 § 13; 1975-’76 2nd ex.s. c 82 § 5; 1975 1st ex.s. c 294 §
17; 1973 c 1 § 31 (Initiative Measure No. 276, approved
November 7, 1972). Formerly RCW 42.17.310.]
Expiration date—2006 c 302 §§ 9 and 11: See note following RCW
66.28.180.
Expiration date—2006 c 75 § 2: "Section 2 of this act expires July 1,
2006." [2006 c 75 § 4.]
Expiration date—2006 c 8 § 111: "Section 111 of this act expires July
1, 2006." [2006 c 8 § 404.]
Expiration date—Severability—Effective dates—2003 1st sp.s. c 26:
See notes following RCW 43.135.045.
Working group on veterans’ records: "The protection from identity
theft for veterans who choose to file their discharge papers with the county
auditor is a matter of gravest concern. At the same time, the integrity of the
public record of each county is a matter of utmost importance to the economic life of this state and to the right of each citizen to be secure in his or
her ownership of real property and other rights and obligations of our citizens that rely upon the public record for their proof. Likewise the integrity
of the public record is essential for the establishment of ancestral ties that
may be of interest to this and future generations. While the public record as
now kept by the county auditors is sufficient by itself for the accomplishment
of these and many other public and private purposes, the proposed use of the
public record for purposes that in their nature and intent are not public, so as
to keep the veterans’ discharge papers from disclosure to those of ill intent,
causes concern among many segments of the population of this state.
In order to voice these concerns effectively and thoroughly, a working
group may be convened by the joint committee on veterans’ and military
affairs to develop a means to preserve the integrity of the public record while
protecting those veterans from identity theft." [2002 c 224 § 1.]
Effective date—2002 c 224 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 28, 2002]." [2002 c 224 § 4.]
Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and 4:
See notes following RCW 28A.320.125.
Finding—2001 c 98: "The legislature finds that public health and
safety is promoted when the public has knowledge that enables them to make
informed choices about their health and safety. Therefore, the legislature
declares, as a matter of public policy, that the public has a right to information necessary to protect members of the public from harm caused by alleged
hazards or threats to the public.
The legislature also recognizes that the public disclosure of those portions of records containing specific and unique vulnerability assessments or
specific and unique response plans, either of which is intended to prevent or
mitigate criminal terrorist acts as defined in RCW 70.74.285, could have a
substantial likelihood of threatening public safety. Therefore, the legislature
(2010 Ed.)
42.56.240
declares, as a matter of public policy, that such specific and unique information should be protected from unnecessary disclosure." [2001 c 98 § 1.]
Findings—Conflict with federal requirements—Severability—2000
c 134: See notes following RCW 50.13.060.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
Finding—1991 c 301: See note following RCW 10.99.020.
Exemptions from public inspection
basic health plan records: RCW 70.47.150.
bill drafting service of code reviser’s office: RCW 1.08.027, 44.68.060.
certificate submitted by individual with physical or mental disability seeking a driver’s license: RCW 46.20.041.
commercial fertilizers, sales reports: RCW 15.54.362.
criminal records: Chapter 10.97 RCW.
employer information: RCW 50.13.060.
family and children’s ombudsman: RCW 43.06A.050.
legislative service center, information: RCW 44.68.060.
medical quality assurance commission, reports required to be filed with:
RCW 18.71.0195.
organized crime investigative information: RCW 43.43.856.
public transportation information: RCW 47.04.240.
salary and fringe benefit survey information: RCW 41.06.160.
Additional notes found at www.leg.wa.gov
42.56.230 Personal information. The following personal information is exempt from public inspection and copying under this chapter:
(1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients;
(2) Personal information in files maintained for employees, appointees, or elected officials of any public agency to
the extent that disclosure would violate their right to privacy;
(3) Information required of any taxpayer in connection
with the assessment or collection of any tax if the disclosure
of the information to other persons would: (a) Be prohibited
to such persons by RCW 84.08.210, 82.32.330, 84.40.020,
84.40.340, or any ordinance authorized under RCW
35.102.145; or (b) violate the taxpayer’s right to privacy or
result in unfair competitive disadvantage to the taxpayer;
(4) Credit card numbers, debit card numbers, electronic
check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly
required by or governed by other law;
(5) Personal and financial information related to a small
loan or any system of authorizing a small loan in RCW
31.45.093; and
(6) Documents and related materials and scanned images
of documents and related materials used to prove identity,
age, residential address, social security number, or other personal information required to apply for a driver’s license or
identicard. [2010 c 106 § 102; 2009 c 510 § 8; 2008 c 200 §
5; 2005 c 274 § 403.]
42.56.230
Effective date—2010 c 106: See note following RCW 35.102.145.
Effective date—2009 c 510: See RCW 31.45.901.
Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.
42.56.240 Investigative, law enforcement, and crime
victims. The following investigative, law enforcement, and
42.56.240
[Title 42 RCW—page 131]
42.56.250
Title 42 RCW: Public Officers and Agencies
crime victim information is exempt from public inspection
and copying under this chapter:
(1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement,
and penology agencies, and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy;
(2) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, or penology agencies, other
than the commission, if disclosure would endanger any person’s life, physical safety, or property. If at the time a complaint is filed the complainant, victim, or witness indicates a
desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the commission
about any elected official or candidate for public office must
be made in writing and signed by the complainant under oath;
(3) Any records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenses contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020,
which have been transferred to the Washington association of
sheriffs and police chiefs for permanent electronic retention
and retrieval pursuant to RCW 40.14.070(2)(b);
(4) License applications under RCW 9.41.070; copies of
license applications or information on the applications may
be released to law enforcement or corrections agencies;
(5) Information revealing the identity of child victims of
sexual assault who are under age eighteen. Identifying information means the child victim’s name, address, location,
photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of
the relationship between the child and the alleged perpetrator;
(6) The statewide gang database referenced in RCW
43.43.762;
(7) Data from the electronic sales tracking system established in RCW 69.43.165; and
(8) Information submitted to the statewide unified sex
offender notification and registration program under RCW
36.28A.040(6) by a person for the purpose of receiving notification regarding a registered sex offender, including the
person’s name, residential address, and e-mail address.
[2010 c 266 § 2; 2010 c 182 § 5; 2008 c 276 § 202; 2005 c 274
§ 404.]
Reviser’s note: This section was amended by 2010 c 182 § 5 and by
2010 c 266 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
42.56.250 Employment and licensing. The following
employment and licensing information is exempt from public
inspection and copying under this chapter:
(1) Test questions, scoring keys, and other examination
data used to administer a license, employment, or academic
examination;
(2) All applications for public employment, including
the names of applicants, resumes, and other related materials
submitted with respect to an applicant;
42.56.250
[Title 42 RCW—page 132]
(3) The residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of employees or volunteers of a
public agency, and the names, dates of birth, residential
addresses, residential telephone numbers, personal wireless
telephone numbers, personal electronic mail addresses, social
security numbers, and emergency contact information of
dependents of employees or volunteers of a public agency
that are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are
included in any mailing list of employees or volunteers of any
public agency. For purposes of this subsection, "employees"
includes independent provider home care workers as defined
in RCW 74.39A.240;
(4) Information that identifies a person who, while an
agency employee: (a) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair
practice under chapter 49.60 RCW against the person; and (b)
requests his or her identity or any identifying information not
be disclosed;
(5) Investigative records compiled by an employing
agency conducting an active and ongoing investigation of a
possible unfair practice under chapter 49.60 RCW or of a
possible violation of other federal, state, or local laws prohibiting discrimination in employment;
(6) Criminal history records checks for board staff finalist candidates conducted pursuant to RCW 43.33A.025;
(7) Except as provided in *RCW 47.64.220, salary and
benefit information for maritime employees collected from
private employers under *RCW 47.64.220(1) and described
in *RCW 47.64.220(2); and
(8) Photographs and month and year of birth in the personnel files of employees and workers of criminal justice
agencies as defined in RCW 10.97.030. The news media, as
defined in RCW 5.68.010(5), shall have access to the photographs and full date of birth. For the purposes of this subsection, news media does not include any person or organization
of persons in the custody of a criminal justice agency as
defined in RCW 10.97.030. [2010 c 257 § 1; 2010 c 128 § 9;
2006 c 209 § 6; 2005 c 274 § 405.]
Reviser’s note: *(1) RCW 47.64.220 was repealed by 2010 c 283 § 20.
(2) This section was amended by 2010 c 128 § 9 and by 2010 c 257 §
1, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
42.56.260
42.56.260 Real estate appraisals. Except as provided
by chapter 8.26 RCW, the contents of real estate appraisals,
made for or by any agency relative to the acquisition or sale
of property, until the project or prospective sale is abandoned
or until such time as all of the property has been acquired or
the property to which the sale appraisal relates is sold, are
exempt from disclosure under this chapter. In no event may
disclosure be denied for more than three years after the
appraisal. [2005 c 274 § 406.]
42.56.270
42.56.270 Financial, commercial, and proprietary
information. The following financial, commercial, and pro(2010 Ed.)
Public Records Act
prietary information is exempt from disclosure under this
chapter:
(1) Valuable formulae, designs, drawings, computer
source code or object code, and research data obtained by any
agency within five years of the request for disclosure when
disclosure would produce private gain and public loss;
(2) Financial information supplied by or on behalf of a
person, firm, or corporation for the purpose of qualifying to
submit a bid or proposal for (a) a ferry system construction or
repair contract as required by RCW 47.60.680 through
47.60.750 or (b) highway construction or improvement as
required by RCW 47.28.070;
(3) Financial and commercial information and records
supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons
pertaining to export projects under RCW 43.23.035;
(4) Financial and commercial information and records
supplied by businesses or individuals during application for
loans or program services provided by chapters 43.325,
43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services
provided by any local agency;
(5) Financial information, business plans, examination
reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter
31.24 RCW;
(6) Financial and commercial information supplied to
the state investment board by any person when the information relates to the investment of public trust or retirement
funds and when disclosure would result in loss to such funds
or in private loss to the providers of this information;
(7) Financial and valuable trade information under RCW
51.36.120;
(8) Financial, commercial, operations, and technical and
research information and data submitted to or obtained by the
clean Washington center in applications for, or delivery of,
program services under chapter 70.95H RCW;
(9) Financial and commercial information requested by
the public stadium authority from any person or organization
that leases or uses the stadium and exhibition center as
defined in RCW 36.102.010;
(10)(a) Financial information, including but not limited
to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation,
limited liability company, partnership, or other entity related
to an application for a horse racing license submitted pursuant to RCW 67.16.260(1)(b), liquor license, gambling
license, or lottery retail license;
(b) Internal control documents, independent auditors’
reports and financial statements, and supporting documents:
(i) Of house-banked social card game licensees required by
the gambling commission pursuant to rules adopted under
chapter 9.46 RCW; or (ii) submitted by tribes with an
approved tribal/state compact for class III gaming;
(11) Proprietary data, trade secrets, or other information
that relates to: (a) A vendor’s unique methods of conducting
business; (b) data unique to the product or services of the
vendor; or (c) determining prices or rates to be charged for
services, submitted by any vendor to the department of social
and health services for purposes of the development, acquisi(2010 Ed.)
42.56.270
tion, or implementation of state purchased health care as
defined in RCW 41.05.011;
(12)(a) When supplied to and in the records of the
*department of community, trade, and economic development:
(i) Financial and proprietary information collected from
any person and provided to the *department of community,
trade, and economic development pursuant to RCW
43.330.050(8); and
(ii) Financial or proprietary information collected from
any person and provided to the *department of community,
trade, and economic development or the office of the governor in connection with the siting, recruitment, expansion,
retention, or relocation of that person’s business and until a
siting decision is made, identifying information of any person
supplying information under this subsection and the locations
being considered for siting, relocation, or expansion of a
business;
(b) When developed by the *department of community,
trade, and economic development based on information as
described in (a)(i) of this subsection, any work product is not
exempt from disclosure;
(c) For the purposes of this subsection, "siting decision"
means the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days
to the *department of community, trade, and economic development from a person connected with siting, recruitment,
expansion, retention, or relocation of that person’s business,
information described in (a)(ii) of this subsection will be
available to the public under this chapter;
(13) Financial and proprietary information submitted to
or obtained by the department of ecology or the authority created under chapter 70.95N RCW to implement chapter
70.95N RCW;
(14) Financial, commercial, operations, and technical
and research information and data submitted to or obtained
by the life sciences discovery fund authority in applications
for, or delivery of, grants under chapter 43.350 RCW, to the
extent that such information, if revealed, would reasonably
be expected to result in private loss to the providers of this
information;
(15) Financial and commercial information provided as
evidence to the department of licensing as required by RCW
19.112.110 or 19.112.120, except information disclosed in
aggregate form that does not permit the identification of
information related to individual fuel licensees;
(16) Any production records, mineral assessments, and
trade secrets submitted by a permit holder, mine operator, or
landowner to the department of natural resources under RCW
78.44.085;
(17)(a) Farm plans developed by conservation districts,
unless permission to release the farm plan is granted by the
landowner or operator who requested the plan, or the farm
plan is used for the application or issuance of a permit;
(b) Farm plans developed under chapter 90.48 RCW and
not under the federal clean water act, 33 U.S.C. Sec. 1251 et
seq., are subject to RCW 42.56.610 and 90.64.190;
(18) Financial, commercial, operations, and technical
and research information and data submitted to or obtained
by a health sciences and services authority in applications for,
or delivery of, grants under RCW 35.104.010 through
[Title 42 RCW—page 133]
42.56.280
Title 42 RCW: Public Officers and Agencies
35.104.060, to the extent that such information, if revealed,
would reasonably be expected to result in private loss to providers of this information;
(19) Information gathered under chapter 19.85 RCW or
RCW 34.05.328 that can be identified to a particular business; and
(20) Financial and commercial information submitted to
or obtained by the University of Washington, other than
information the university is required to disclose under RCW
28B.20.150, when the information relates to investments in
private funds, to the extent that such information, if revealed,
would reasonably be expected to result in loss to the University of Washington consolidated endowment fund or to result
in private loss to the providers of this information. [2009 c
394 § 3; 2008 c 306 § 1. Prior: 2007 c 470 § 2; (2007 c 470
§ 1 expired June 30, 2008); 2007 c 251 § 13; (2007 c 251 § 12
expired June 30, 2008); 2007 c 197 § 4; (2007 c 197 § 3
expired June 30, 2008); prior: 2006 c 369 § 2; 2006 c 341 §
6; 2006 c 338 § 5; 2006 c 302 § 12; 2006 c 209 § 7; 2006 c
183 § 37; 2006 c 171 § 8; 2005 c 274 § 407.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
42.56.290 Agency party to controversy. Records that
are relevant to a controversy to which an agency is a party but
which records would not be available to another party under
the rules of pretrial discovery for causes pending in the superior courts are exempt from disclosure under this chapter.
[2005 c 274 § 409.]
42.56.290
42.56.300 Archaeological sites. (1) Records, maps, or
other information identifying the location of archaeological
sites in order to avoid the looting or depredation of such sites
are exempt from disclosure under this chapter.
(2) Records, maps, and other information, acquired during watershed analysis pursuant to the forests and fish report
under RCW 76.09.370, that identify the location of archaeological sites, historic sites, artifacts, or the sites of traditional
religious, ceremonial, or social uses and activities of affected
Indian tribes, are exempt from disclosure under this chapter
in order to prevent the looting or depredation of such sites.
[2006 c 86 § 1; 2005 c 274 § 410.]
42.56.300
Effective date—2006 c 86: "This act takes effect July 1, 2006." [2006
c 86 § 2.]
42.56.310 Library records. Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, that discloses or could
be used to disclose the identity of a library user is exempt
from disclosure under this chapter. [2005 c 274 § 411.]
42.56.310
Intent—2009 c 394: See note following RCW 28B.20.150.
Effective date—2008 c 306 § 1: "Section 1 of this act takes effect June
30, 2008." [2008 c 306 § 2.]
Effective date—2007 c 470 § 2: "Section 2 of this act takes effect June
30, 2008." [2007 c 470 § 4.]
Expiration date—2007 c 470 § 1: "Section 1 of this act expires June
30, 2008." [2007 c 470 § 3.]
Effective date—2007 c 251 § 13: "Section 13 of this act takes effect
June 30, 2008." [2007 c 251 § 18.]
Expiration date—2007 c 251 § 12: "Section 12 of this act expires June
30, 2008." [2007 c 251 § 17.]
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
Effective date—2007 c 197 § 4: "Section 4 of this act takes effect June
30, 2008." [2007 c 197 § 11.]
Expiration date—2007 c 197 § 3: "Section 3 of this act expires June
30, 2008." [2007 c 197 § 10.]
Effective date—2006 c 369 § 2: "Section 2 of this act takes effect July
1, 2006." [2006 c 369 § 3.]
Effective date—2006 c 341 § 6: "Section 6 of this act takes effect July
1, 2006." [2006 c 341 § 7.]
Findings—Intent—2006 c 338: See note following RCW 19.112.110.
Effective date—Severability—2006 c 338: See RCW 19.112.903 and
19.112.904.
Effective date—2006 c 302 §§ 10 and 12: See note following RCW
66.28.180.
Construction—Severability—Effective date—2006 c 183: See RCW
70.95N.900 through 70.95N.902.
Effective date—2006 c 171 §§ 8 and 10: "Sections 8 and 10 of this act
take effect July 1, 2006." [2006 c 171 § 13.]
Findings—Severability—2006 c 171: See RCW 43.325.001 and
43.325.901.
42.56.280 Preliminary drafts, notes, recommendations, intra-agency memorandums. Preliminary drafts,
notes, recommendations, and intra-agency memorandums in
which opinions are expressed or policies formulated or recommended are exempt under this chapter, except that a specific record is not exempt when publicly cited by an agency
in connection with any agency action. [2005 c 274 § 408.]
42.56.280
[Title 42 RCW—page 134]
42.56.320 Educational information. The following
educational information is exempt from disclosure under this
chapter:
(1) Financial disclosures filed by private vocational
schools under chapters 28B.85 and 28C.10 RCW;
(2) Financial and commercial information supplied by or
on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition
units and contracts for the purchase of multiple tuition units;
(3) Individually identifiable information received by the
workforce training and education coordinating board for
research or evaluation purposes;
(4) Except for public records as defined in RCW
40.14.010, any records or documents obtained by a state college, university, library, or archive through or concerning any
gift, grant, conveyance, bequest, or devise, the terms of
which restrict or regulate public access to those records or
documents; and
(5) The annual declaration of intent filed by parents
under RCW 28A.200.010 for a child to receive home-based
instruction. [2009 c 191 § 1; 2005 c 274 § 412.]
42.56.320
42.56.330 Public utilities and transportation. The
following information relating to public utilities and transportation is exempt from disclosure under this chapter:
(1) Records filed with the utilities and transportation
commission or attorney general under RCW 80.04.095 that a
court has determined are confidential under RCW 80.04.095;
(2) The residential addresses and residential telephone
numbers of the customers of a public utility contained in the
records or lists held by the public utility of which they are
customers, except that this information may be released to the
division of child support or the agency or firm providing
42.56.330
(2010 Ed.)
Public Records Act
child support enforcement for another state under Title IV-D
of the federal social security act, for the establishment,
enforcement, or modification of a support order;
(3) The names, residential addresses, residential telephone numbers, and other individually identifiable records
held by an agency in relation to a vanpool, carpool, or other
ride-sharing program or service; however, these records may
be disclosed to other persons who apply for ride-matching
services and who need that information in order to identify
potential riders or drivers with whom to share rides;
(4) The personally identifying information of current or
former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities
or elderly persons;
(5) The personally identifying information of persons
who acquire and use transit passes and other fare payment
media including, but not limited to, stored value smart cards
and magnetic strip cards, except that an agency may disclose
this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for
payment of the cost of acquiring or using a transit pass or
other fare payment media for the purpose of preventing fraud,
or to the news media when reporting on public transportation
or public safety.
(a) This information may be disclosed in aggregate form
if the data does not contain any personally identifying information.
(b) Personally identifying information may be released
to law enforcement agencies if the request is accompanied by
a court order;
(6) Any information obtained by governmental agencies
that is collected by the use of a motor carrier intelligent transportation system or any comparable information equipment
attached to a truck, tractor, or trailer; however, the information may be given to other governmental agencies or the owners of the truck, tractor, or trailer from which the information
is obtained. As used in this subsection, "motor carrier" has
the same definition as provided in RCW 81.80.010;
(7) The personally identifying information of persons
who acquire and use transponders or other technology to
facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain
any personally identifying information. For these purposes
aggregate data may include the census tract of the account
holder as long as any individual personally identifying information is not released. Personally identifying information
may be released to law enforcement agencies only for toll
enforcement purposes. Personally identifying information
may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order; and
(8) The personally identifying information of persons
who acquire and use a driver’s license or identicard that
includes a radio frequency identification chip or similar technology to facilitate border crossing. This information may be
disclosed in aggregate form as long as the data does not contain any personally identifying information. Personally identifying information may be released to law enforcement
agencies only for United States customs and border protection enforcement purposes. Personally identifying information may be released to law enforcement agencies for other
purposes only if the request is accompanied by a court order.
(2010 Ed.)
42.56.360
[2010 c 128 § 8; 2008 c 200 § 6; 2007 c 197 § 5; 2006 c 209
§ 8; 2005 c 274 § 413.]
42.56.335 Public utility districts and municipally
owned electrical utilities—Restrictions on access by law
enforcement authorities. A law enforcement authority may
not request inspection or copying of records of any person
who belongs to a public utility district or a municipally
owned electrical utility unless the authority provides the public utility district or municipally owned electrical utility with
a written statement in which the authority states that it suspects that the particular person to whom the records pertain
has committed a crime and the authority has a reasonable
belief that the records could determine or help determine
whether the suspicion might be true. Information obtained in
violation of this section is inadmissible in any criminal proceeding. [2007 c 197 § 6.]
42.56.335
42.56.340 Timeshare, condominium, etc. owner lists.
Membership lists or lists of members or owners of interests of
units in timeshare projects, subdivisions, camping resorts,
condominiums, land developments, or common-interest
communities affiliated with such projects, regulated by the
department of licensing, in the files or possession of the
department are exempt from disclosure under this chapter.
[2005 c 274 § 414.]
42.56.340
42.56.350 Health professionals. (1) The federal social
security number of individuals governed under chapter
18.130 RCW maintained in the files of the department of
health is exempt from disclosure under this chapter. The
exemption in this section does not apply to requests made
directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations.
(2) The current residential address and current residential telephone number of a health care provider governed
under chapter 18.130 RCW maintained in the files of the
department are exempt from disclosure under this chapter, if
the provider requests that this information be withheld from
public inspection and copying, and provides to the department of health an accurate alternate or business address and
business telephone number. The current residential address
and residential telephone number of a health care provider
governed under RCW 18.130.040 maintained in the files of
the department of health shall automatically be withheld from
public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.56.070(9). [2005 c 274 § 415.]
42.56.350
42.56.360 Health care. (1) The following health care
information is exempt from disclosure under this chapter:
(a) Information obtained by the board of pharmacy as
provided in RCW 69.45.090;
(b) Information obtained by the board of pharmacy or the
department of health and its representatives as provided in
RCW 69.41.044, 69.41.280, and 18.64.420;
(c) Information and documents created specifically for,
and collected and maintained by a quality improvement com42.56.360
[Title 42 RCW—page 135]
42.56.370
Title 42 RCW: Public Officers and Agencies
mittee under RCW 43.70.510, 70.230.080, or 70.41.200, or
by a peer review committee under RCW 4.24.250, or by a
quality assurance committee pursuant to RCW 74.42.640 or
18.20.390, or by a hospital, as defined in RCW 43.70.056, for
reporting of health care-associated infections under RCW
43.70.056, a notification of an incident under RCW
70.56.040(5), and reports regarding adverse events under
RCW 70.56.020(2)(b), regardless of which agency is in possession of the information and documents;
(d)(i) Proprietary financial and commercial information
that the submitting entity, with review by the department of
health, specifically identifies at the time it is submitted and
that is provided to or obtained by the department of health in
connection with an application for, or the supervision of, an
antitrust exemption sought by the submitting entity under
RCW 43.72.310;
(ii) If a request for such information is received, the submitting entity must be notified of the request. Within ten
business days of receipt of the notice, the submitting entity
shall provide a written statement of the continuing need for
confidentiality, which shall be provided to the requester.
Upon receipt of such notice, the department of health shall
continue to treat information designated under this subsection
(1)(d) as exempt from disclosure;
(iii) If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined
as a party to demonstrate the continuing need for confidentiality;
(e) Records of the entity obtained in an action under
RCW 18.71.300 through 18.71.340;
(f) Complaints filed under chapter 18.130 RCW after
July 27, 1997, to the extent provided in RCW 18.130.095(1);
(g) Information obtained by the department of health
under chapter 70.225 RCW;
(h) Information collected by the department of health
under chapter 70.245 RCW except as provided in RCW
70.245.150;
(i) Cardiac and stroke system performance data submitted to national, state, or local data collection systems under
RCW 70.168.150(2)(b); and
(j) All documents, including completed forms, received
pursuant to a wellness program under RCW 41.04.362, but
not statistical reports that do not identify an individual.
(2) Chapter 70.02 RCW applies to public inspection and
copying of health care information of patients.
(3)(a) Documents related to infant mortality reviews
conducted pursuant to RCW 70.05.170 are exempt from disclosure as provided for in RCW 70.05.170(3).
(b)(i) If an agency provides copies of public records to
another agency that are exempt from public disclosure under
this subsection (3), those records remain exempt to the same
extent the records were exempt in the possession of the originating entity.
(ii) For notice purposes only, agencies providing exempt
records under this subsection (3) to other agencies may mark
any exempt records as "exempt" so that the receiving agency
is aware of the exemption, however whether or not a record is
marked exempt does not affect whether the record is actually
exempt from disclosure. [2010 c 128 § 3; 2010 c 52 § 6.
Prior: 2009 c 1 § 24 (Initiative Measure No. 1000, approved
November 4, 2008); (2009 c 1 § 23 (Initiative Measure No.
[Title 42 RCW—page 136]
1000), approved November 4, 2008) expired July 1, 2009);
2008 c 136 § 5; (2008 c 136 § 4 expired July 1, 2009); prior:
2007 c 273 § 25; 2007 c 261 § 4; 2007 c 259 § 49; prior: 2006
c 209 § 9; 2006 c 8 § 112; 2005 c 274 § 416.]
Reviser’s note: This section was amended by 2010 c 52 § 6 and by
2010 c 128 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—2010 c 52: See note following RCW 70.168.015.
Expiration date—2009 c 1 (Initiative Measure No. 1000) § 23: "Section 23 of this act expires July 1, 2009." [2009 c 1 § 31 (Initiative Measure
No. 1000, approved November 4, 2008).]
Short title—Severability—Effective dates—Captions, part headings, and subpart headings not law—2009 c 1 (Initiative Measure No.
1000): See RCW 70.245.901 through 70.245.904.
Effective date—2008 c 136 § 5: "Section 5 of this act takes effect July
1, 2009." [2008 c 136 § 7.]
Expiration date—2008 c 136 § 4: "Section 4 of this act expires July 1,
2009." [2008 c 136 § 6.]
Effective date—Implementation—2007 c 273: See RCW 70.230.900
and 70.230.901.
Findings—2007 c 261: See note following RCW 43.70.056.
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Effective date—2006 c 8 §§ 112 and 210: "Sections 112 and 210 of
this act take effect July 1, 2006." [2006 c 8 § 405.]
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Basic health plan—Confidentiality: RCW 70.47.150.
42.56.370 Domestic violence program, rape crisis
center clients. Client records maintained by an agency that
is a domestic violence program as defined in RCW
70.123.020 or 70.123.075 or a rape crisis center as defined in
RCW 70.125.030 are exempt from disclosure under this
chapter. [2005 c 274 § 417.]
42.56.370
42.56.380 Agriculture and livestock. The following
information relating to agriculture and livestock is exempt
from disclosure under this chapter:
(1) Business-related information under RCW 15.86.110;
(2) Information provided under RCW 15.54.362;
(3) Production or sales records required to determine
assessment levels and actual assessment payments to commodity boards and commissions formed under chapters
15.24, 15.26, 15.28, 15.44, 15.65, 15.66, 15.74, 15.88,
15.115, 15.100, 15.89, and 16.67 RCW or required by the
department of agriculture to administer these chapters or the
department’s programs;
(4) Consignment information contained on phytosanitary certificates issued by the department of agriculture under
chapters 15.13, 15.49, and 15.17 RCW or federal phytosanitary certificates issued under 7 C.F.R. 353 through cooperative agreements with the animal and plant health inspection
service, United States department of agriculture, or on applications for phytosanitary certification required by the department of agriculture;
(5) Financial and commercial information and records
supplied by persons (a) to the department of agriculture for
the purpose of conducting a referendum for the potential
establishment of a commodity board or commission; or (b) to
the department of agriculture or commodity boards or com42.56.380
(2010 Ed.)
Public Records Act
missions formed under chapter 15.24, 15.28, 15.44, 15.65,
15.66, 15.74, 15.88, 15.115, 15.100, 15.89, or 16.67 RCW
with respect to domestic or export marketing activities or
individual producer’s production information;
(6) Information obtained regarding the purchases, sales,
or production of an individual American ginseng grower or
dealer, except for providing reports to the United States fish
and wildlife service under RCW 15.19.080;
(7) Information collected regarding packers and shippers
of fruits and vegetables for the issuance of certificates of
compliance under RCW 15.17.140(2) and 15.17.143;
(8) Financial statements obtained under RCW
16.65.030(1)(d) for the purposes of determining whether or
not the applicant meets the minimum net worth requirements
to construct or operate a public livestock market;
(9) Information submitted by an individual or business
for the purpose of participating in a state or national animal
identification system. Disclosure to local, state, and federal
officials is not public disclosure. This exemption does not
affect the disclosure of information used in reportable animal
health investigations under chapter 16.36 RCW once they are
complete; and
(10) Results of testing for animal diseases not required to
be reported under chapter 16.36 RCW that is done at the
request of the animal owner or his or her designee that can be
identified to a particular business or individual. [2010 c 128
§ 2; 2009 c 33 § 37; 2007 c 177 § 1. Prior: 2006 c 330 § 26;
2006 c 75 § 3; 2005 c 274 § 418.]
Effective date—2006 c 330 § 26: "Section 26 of this act takes effect
July 1, 2006." [2006 c 330 § 32.]
Construction—Severability—2006 c 330: See RCW 15.89.900 and
15.89.901.
Effective date—2006 c 75 § 3: "Section 3 of this act takes effect July
1, 2006." [2006 c 75 § 5.]
Findings—2006 c 75: "The legislature finds that livestock identification numbers, premise information, and animal movement data are proprietary information that all have a role in defining a livestock producer’s position within the marketplace, including his or her competitive advantage over
other producers. The legislature therefore finds that exempting certain voluntary livestock identification, premise, and movement information from
state public disclosure requirements will foster an environment that is more
conducive to voluntary participation, and lead to a more effective livestock
identification system." [2006 c 75 § 1.]
42.56.390 Emergency or transitional housing. Names
of individuals residing in emergency or transitional housing
that are furnished to the department of revenue or a county
assessor in order to substantiate a claim for property tax
exemption under RCW 84.36.043 are exempt from disclosure
under this chapter. [2005 c 274 § 419.]
42.56.390
42.56.400 Insurance and financial institutions. The
following information relating to insurance and financial
institutions is exempt from disclosure under this chapter:
(1) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims’
compensation claims filed with the board under RCW
7.68.110;
(2) Information obtained and exempted or withheld from
public inspection by the health care authority under RCW
41.05.026, whether retained by the authority, transferred to
another state purchased health care program by the authority,
42.56.400
(2010 Ed.)
42.56.400
or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or
implementation of state purchased health care under chapter
41.05 RCW;
(3) The names and individual identification data of either
all owners or all insureds, or both, received by the insurance
commissioner under chapter 48.102 RCW;
(4) Information provided under RCW 48.30A.045
through 48.30A.060;
(5) Information provided under RCW 48.05.510 through
48.05.535, 48.43.200 through 48.43.225, 48.44.530 through
48.44.555, and 48.46.600 through 48.46.625;
(6) Examination reports and information obtained by the
department of financial institutions from banks under RCW
30.04.075, from savings banks under RCW 32.04.220, from
savings and loan associations under RCW 33.04.110, from
credit unions under RCW 31.12.565, from check cashers and
sellers under RCW 31.45.030(3), and from securities brokers
and investment advisers under RCW 21.20.100, all of which
is confidential and privileged information;
(7) Information provided to the insurance commissioner
under RCW 48.110.040(3);
(8) Documents, materials, or information obtained by the
insurance commissioner under RCW 48.02.065, all of which
are confidential and privileged;
(9) Confidential proprietary and trade secret information
provided to the commissioner under RCW 48.31C.020
through 48.31C.050 and 48.31C.070;
(10) Data filed under RCW 48.140.020, 48.140.030,
48.140.050, and 7.70.140 that, alone or in combination with
any other data, may reveal the identity of a claimant, health
care provider, health care facility, insuring entity, or selfinsurer involved in a particular claim or a collection of
claims. For the purposes of this subsection:
(a) "Claimant" has the same meaning as in RCW
48.140.010(2).
(b) "Health care facility" has the same meaning as in
RCW 48.140.010(6).
(c) "Health care provider" has the same meaning as in
RCW 48.140.010(7).
(d) "Insuring entity" has the same meaning as in RCW
48.140.010(8).
(e) "Self-insurer" has the same meaning as in RCW
48.140.010(11);
(11) Documents, materials, or information obtained by
the insurance commissioner under RCW 48.135.060;
(12) Documents, materials, or information obtained by
the insurance commissioner under RCW 48.37.060;
(13) Confidential and privileged documents obtained or
produced by the insurance commissioner and identified in
RCW 48.37.080;
(14) Documents, materials, or information obtained by
the insurance commissioner under RCW 48.37.140;
(15) Documents, materials, or information obtained by
the insurance commissioner under RCW 48.17.595;
(16) Documents, materials, or information obtained by
the insurance commissioner under RCW 48.102.051(1) and
48.102.140 (3) and (7)(a)(ii);
(17) Documents, materials, or information obtained by
the insurance commissioner in the commissioner’s capacity
as receiver under RCW 48.31.025 and 48.99.017, which are
[Title 42 RCW—page 137]
42.56.403
Title 42 RCW: Public Officers and Agencies
records under the jurisdiction and control of the receivership
court. The commissioner is not required to search for, log,
produce, or otherwise comply with the public records act for
any records that the commissioner obtains under chapters
48.31 and 48.99 RCW in the commissioner’s capacity as a
receiver, except as directed by the receivership court; and
(18) Data, information, and documents provided by a
carrier pursuant to section 1, chapter 172, Laws of 2010.
[2010 c 172 § 2; 2010 c 97 § 3; 2009 c 104 § 23. Prior: 2007
c 197 § 7; 2007 c 117 § 36; 2007 c 82 § 17; prior: 2006 c 284
§ 17; 2006 c 8 § 210; 2005 c 274 § 420.]
Reviser’s note: This section was amended by 2010 c 97 § 3 and by
2010 c 172 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2007 c 117: See RCW 48.17.900 and
48.17.901.
Severability—Effective date—2006 c 284: See RCW 48.135.900 and
48.135.901.
Effective date—2006 c 8 §§ 112 and 210: See note following RCW
42.56.360.
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
42.56.403 Property and casualty insurance statements of actuarial opinion. Documents, materials, and
information obtained by the insurance commissioner under
RCW 48.05.385(2) are confidential and privileged and not
subject to public disclosure under this chapter. [2006 c 25 §
3.]
42.56.403
Short title—2006 c 25 §§ 1-3: See note following RCW 48.05.383.
Effective date—2006 c 25 §§ 1-4: See note following RCW 48.05.383.
42.56.410 Employment security department records,
certain purposes. Records maintained by the employment
security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational,
research, or evaluation purposes are exempt from disclosure
under this chapter. [2005 c 274 § 421.]
42.56.410
42.56.420 Security. The following information relating
to security is exempt from disclosure under this chapter:
(1) Those portions of records assembled, prepared, or
maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct
of government or of the general civilian population of the
state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would
have a substantial likelihood of threatening public safety,
consisting of:
(a) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including
compiled underlying data collected in preparation of or
essential to the assessments, or to the response or deployment
plans; and
(b) Records not subject to public disclosure under federal
law that are shared by federal or international agencies, and
information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism;
42.56.420
[Title 42 RCW—page 138]
(2) Those portions of records containing specific and
unique vulnerability assessments or specific and unique
emergency and escape response plans at a city, county, or
state adult or juvenile correctional facility, or secure facility
for persons civilly confined under chapter 71.09 RCW, the
public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state
adult or juvenile correctional facility, secure facility for persons civilly confined under chapter 71.09 RCW, or any individual’s safety;
(3) Information compiled by school districts or schools
in the development of their comprehensive safe school plans
under RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual
school;
(4) Information regarding the infrastructure and security
of computer and telecommunications networks, consisting of
security passwords, security access codes and programs,
access codes for secure software applications, security and
service recovery plans, security risk assessments, and security test results to the extent that they identify specific system
vulnerabilities; and
(5) The *security section of transportation system safety
and security program plans required under RCW 35.21.228,
35A.21.300, 36.01.210, 36.57.120, 36.57A.170, and
81.112.180. [2009 c 67 § 1; 2005 c 274 § 422.]
*Reviser’s note: "Security section of transportation system safety and
security program plans" was changed to "system security and emergency
preparedness plan" by chapter 422, Laws of 2007.
42.56.430 Fish and wildlife. The following information relating to fish and wildlife is exempt from disclosure
under this chapter:
(1) Commercial fishing catch data from logbooks
required to be provided to the department of fish and wildlife
under RCW 77.12.047, when the data identifies specific
catch location, timing, or methodology and the release of
which would result in unfair competitive disadvantage to the
commercial fisher providing the catch data, however, this
information may be released to government agencies concerned with the management of fish and wildlife resources;
(2) Sensitive fish and wildlife data. Sensitive fish and
wildlife data may be released to the following entities and
their agents for fish, wildlife, land management purposes, or
scientific research needs: Government agencies, public utilities, and accredited colleges and universities. Sensitive fish
and wildlife data may be released to tribal governments. Sensitive fish and wildlife data may also be released to the
owner, lessee, or right-of-way or easement holder of the private land to which the data pertains. The release of sensitive
fish and wildlife data may be subject to a confidentiality
agreement, except upon release of sensitive fish and wildlife
data to the owner, lessee, or right-of-way or easement holder
of private land who initially provided the data. Sensitive fish
and wildlife data does not include data related to reports of
predatory wildlife as specified in RCW 77.12.885. Sensitive
fish and wildlife data must meet at least one of the following
criteria of this subsection as applied by the department of fish
and wildlife:
(a) The nesting sites or specific locations of endangered
species designated under RCW 77.12.020, or threatened or
42.56.430
(2010 Ed.)
Public Records Act
sensitive species classified by rule of the department of fish
and wildlife;
(b) Radio frequencies used in, or locational data generated by, telemetry studies; or
(c) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least
one of the following criteria are met:
(i) The species has a known commercial or black market
value;
(ii) There is a history of malicious take of that species
and the species behavior or ecology renders it especially vulnerable;
(iii) There is a known demand to visit, take, or disturb the
species; or
(iv) The species has an extremely limited distribution
and concentration;
(3) The personally identifying information of persons
who acquire recreational licenses under RCW 77.32.010 or
commercial licenses under chapter 77.65 or 77.70 RCW,
except name, address of contact used by the department, and
type of license, endorsement, or tag; however, the department
of fish and wildlife may disclose personally identifying information to:
(a) Government agencies concerned with the management of fish and wildlife resources;
(b) The department of social and health services, child
support division, and to the department of licensing in order
to implement RCW 77.32.014 and 46.20.291; and
(c) Law enforcement agencies for the purpose of firearm
possession enforcement under RCW 9.41.040; and
(4) Information that the department of fish and wildlife
has received or accessed but may not disclose due to confidentiality requirements in the Magnuson-Stevens fishery
conservation and management reauthorization act of 2006
(16 U.S.C. Sec. 1861(h)(3) and (i), and Sec. 1881a(b)).
[2008 c 252 § 1; 2007 c 293 § 1; 2005 c 274 § 423.]
42.56.440 Veterans’ discharge papers—Exceptions.
(1) Discharge papers of a veteran of the armed forces of the
United States filed at the office of the county auditor before
July 1, 2002, that have not been commingled with other
recorded documents are exempt from disclosure under this
chapter. These records will be available only to the veteran,
the veteran’s next of kin, a deceased veteran’s properly
appointed personal representative or executor, a person holding that veteran’s general power of attorney, or to anyone else
designated in writing by that veteran to receive the records.
(2) Discharge papers of a veteran of the armed forces of
the United States filed at the office of the county auditor
before July 1, 2002, that have been commingled with other
records are exempt from disclosure under this chapter, if the
veteran has recorded a "request for exemption from public
disclosure of discharge papers" with the county auditor. If
such a request has been recorded, these records may be
released only to the veteran filing the papers, the veteran’s
next of kin, a deceased veteran’s properly appointed personal
representative or executor, a person holding the veteran’s
general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(3) Discharge papers of a veteran filed at the office of the
county auditor after June 30, 2002, are not public records, but
42.56.440
(2010 Ed.)
42.56.520
will be available only to the veteran, the veteran’s next of kin,
a deceased veteran’s properly appointed personal representative or executor, a person holding the veteran’s general power
of attorney, or anyone else designated in writing by the veteran to receive the records.
(4) For the purposes of this section, next of kin of
deceased veterans have the same rights to full access to the
record. Next of kin are the veteran’s widow or widower who
has not remarried, son, daughter, father, mother, brother, and
sister. [2005 c 274 § 424.]
42.56.450 Check cashers and sellers licensing applications. Information in an application for licensing or a
small loan endorsement under chapter 31.45 RCW regarding
the personal residential address, telephone number of the
applicant, or financial statement is exempt from disclosure
under this chapter. [2005 c 274 § 425.]
42.56.450
42.56.460 Fireworks. All records obtained and all
reports produced as required by state fireworks law, chapter
70.77 RCW, are exempt from disclosure under this chapter.
[2005 c 274 § 426.]
42.56.460
42.56.470 Correctional industries workers. All
records, documents, data, and other materials obtained under
the requirements of RCW 72.09.115 from an existing correctional industries class I work program participant or an applicant for a proposed new or expanded class I correctional
industries work program are exempt from public disclosure
under this chapter. [2005 c 274 § 427.]
42.56.470
42.56.480 Inactive programs. Information relating to
the following programs and reports, which have no ongoing
activity, is exempt from disclosure under this chapter:
(1) Railroad company contracts filed prior to July 28,
1991, with the utilities and transportation commission under
*RCW 81.34.070, except that the summaries of the contracts
are open to public inspection and copying as otherwise provided by this chapter;
(2) Personal information in files maintained in a database
created under **RCW 43.07.360; and
(3) Data collected by the department of social and health
services for the reports required by section 8, chapter 231,
Laws of 2003, except as compiled in the aggregate and
reported to the senate and house of representatives. [2005 c
274 § 428.]
42.56.480
Reviser’s note: *(1) RCW 81.34.070 was repealed by 1991 c 49 § 1.
**(2) RCW 43.07.360 expired December 31, 2000, pursuant to 1996 c
253 § 502.
42.56.510 Duty to disclose or withhold information—
Otherwise provided. Nothing in RCW 42.56.250 and
42.56.330 shall affect a positive duty of an agency to disclose
or a positive duty to withhold information which duty to disclose or withhold is contained in any other law. [2005 c 274
§ 287; 1991 c 23 § 11; 1990 c 256 § 2; 1987 c 404 § 3. Formerly RCW 42.17.311.]
42.56.510
42.56.520 Prompt responses required. Responses to
requests for public records shall be made promptly by agen42.56.520
[Title 42 RCW—page 139]
42.56.530
Title 42 RCW: Public Officers and Agencies
cies, the office of the secretary of the senate, and the office of
the chief clerk of the house of representatives. Within five
business days of receiving a public record request, an agency,
the office of the secretary of the senate, or the office of the
chief clerk of the house of representatives must respond by
either (1) providing the record; (2) providing an internet
address and link on the agency’s web site to the specific
records requested, except that if the requester notifies the
agency that he or she cannot access the records through the
internet, then the agency must provide copies of the record or
allow the requester to view copies using an agency computer;
(3) acknowledging that the agency, the office of the secretary
of the senate, or the office of the chief clerk of the house of
representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the
house of representatives will require to respond to the
request; or (4) denying the public record request. Additional
time required to respond to a request may be based upon the
need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of
the information requested is exempt and that a denial should
be made as to all or part of the request. In acknowledging
receipt of a public record request that is unclear, an agency,
the office of the secretary of the senate, or the office of the
chief clerk of the house of representatives may ask the
requestor to clarify what information the requestor is seeking.
If the requestor fails to clarify the request, the agency, the
office of the secretary of the senate, or the office of the chief
clerk of the house of representatives need not respond to it.
Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies, the office of
the secretary of the senate, and the office of the chief clerk of
the house of representatives shall establish mechanisms for
the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of
the second business day following the denial of inspection
and shall constitute final agency action or final action by the
office of the secretary of the senate or the office of the chief
clerk of the house of representatives for the purposes of judicial review. [2010 c 69 § 2; 1995 c 397 § 15; 1992 c 139 § 6;
1975 1st ex.s. c 294 § 18; 1973 c 1 § 32 (Initiative Measure
No. 276, approved November 7, 1972). Formerly RCW
42.17.320.]
Finding—2010 c 69: "The internet provides for instant access to public
records at a significantly reduced cost to the agency and the public. Agencies are encouraged to make commonly requested records available on
agency web sites. When an agency has made records available on its web
site, members of the public with computer access should be encouraged to
preserve taxpayer resources by accessing those records online." [2010 c 69
§ 1.]
42.56.530 Review of agency denial. Whenever a state
agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request the attorney
general to review the matter. The attorney general shall provide the person with his or her written opinion on whether the
record is exempt.
Nothing in this section shall be deemed to establish an
attorney-client relationship between the attorney general and
42.56.530
[Title 42 RCW—page 140]
a person making a request under this section. [1992 c 139 §
10. Formerly RCW 42.17.325.]
42.56.540 Court protection of public records. The
examination of any specific public record may be enjoined if,
upon motion and affidavit by an agency or its representative
or a person who is named in the record or to whom the record
specifically pertains, the superior court for the county in
which the movant resides or in which the record is maintained, finds that such examination would clearly not be in
the public interest and would substantially and irreparably
damage any person, or would substantially and irreparably
damage vital governmental functions. An agency has the
option of notifying persons named in the record or to whom a
record specifically pertains, that release of a record has been
requested. However, this option does not exist where the
agency is required by law to provide such notice. [1992 c 139
§ 7; 1975 1st ex.s. c 294 § 19; 1973 c 1 § 33 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW
42.17.330.]
42.56.540
42.56.550 Judicial review of agency actions. (1) Upon
the motion of any person having been denied an opportunity
to inspect or copy a public record by an agency, the superior
court in the county in which a record is maintained may
require the responsible agency to show cause why it has
refused to allow inspection or copying of a specific public
record or class of records. The burden of proof shall be on the
agency to establish that refusal to permit public inspection
and copying is in accordance with a statute that exempts or
prohibits disclosure in whole or in part of specific information or records.
(2) Upon the motion of any person who believes that an
agency has not made a reasonable estimate of the time that
the agency requires to respond to a public record request, the
superior court in the county in which a record is maintained
may require the responsible agency to show that the estimate
it provided is reasonable. The burden of proof shall be on the
agency to show that the estimate it provided is reasonable.
(3) Judicial review of all agency actions taken or challenged under RCW 42.56.030 through 42.56.520 shall be de
novo. Courts shall take into account the policy of this chapter
that free and open examination of public records is in the
public interest, even though such examination may cause
inconvenience or embarrassment to public officials or others.
Courts may examine any record in camera in any proceeding
brought under this section. The court may conduct a hearing
based solely on affidavits.
(4) Any person who prevails against an agency in any
action in the courts seeking the right to inspect or copy any
public record or the right to receive a response to a public
record request within a reasonable amount of time shall be
awarded all costs, including reasonable attorney fees,
incurred in connection with such legal action. In addition, it
shall be within the discretion of the court to award such person an amount not less than five dollars and not to exceed one
hundred dollars for each day that he or she was denied the
right to inspect or copy said public record.
(5) For actions under this section against counties, the
venue provisions of RCW 36.01.050 apply.
42.56.550
(2010 Ed.)
Public Records Act
(6) Actions under this section must be filed within one
year of the agency’s claim of exemption or the last production of a record on a partial or installment basis. [2005 c 483
§ 5; 2005 c 274 § 288; 1992 c 139 § 8; 1987 c 403 § 5; 1975
1st ex.s. c 294 § 20; 1973 c 1 § 34 (Initiative Measure No.
276, approved November 7, 1972). Formerly RCW
42.17.340.]
Reviser’s note: This section was amended by 2005 c 274 § 288 and by
2005 c 483 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Severability—1987 c 403: See notes following RCW
42.56.050.
42.56.560 Application of RCW 42.56.550. The procedures in RCW 42.56.550 govern denials of an opportunity to
inspect or copy a public record by the office of the secretary
of the senate or the office of the chief clerk of the house of
representatives. [2005 c 274 § 289; 1995 c 397 § 16. Formerly RCW 42.17.341.]
42.56.560
42.56.565 Inspection or copying by persons serving
criminal sentences—Injunction. (1) The inspection or
copying of any nonexempt public record by persons serving
criminal sentences in state, local, or privately operated correctional facilities may be enjoined pursuant to this section.
(a) The injunction may be requested by: (i) An agency or
its representative; (ii) a person named in the record or his or
her representative; or (iii) a person to whom the requests specifically pertains or his or her representative.
(b) The request must be filed in: (i) The superior court in
which the movant resides; or (ii) the superior court in the
county in which the record is maintained.
(c) In order to issue an injunction, the court must find
that:
(i) The request was made to harass or intimidate the
agency or its employees;
(ii) Fulfilling the request would likely threaten the security of correctional facilities;
(iii) Fulfilling the request would likely threaten the
safety or security of staff, inmates, family members of staff,
family members of other inmates, or any other person; or
(iv) Fulfilling the request may assist criminal activity.
(2) In deciding whether to enjoin a request under subsection (1) of this section, the court may consider all relevant
factors including, but not limited to:
(a) Other requests by the requestor;
(b) The type of record or records sought;
(c) Statements offered by the requestor concerning the
purpose for the request;
(d) Whether disclosure of the requested records would
likely harm any person or vital government interest;
(e) Whether the request seeks a significant and burdensome number of documents;
(f) The impact of disclosure on correctional facility security and order, the safety or security of correctional facility
staff, inmates, or others; and
(g) The deterrence of criminal activity.
(3) The motion proceeding described in this section shall
be a summary proceeding based on affidavits or declarations,
unless the court orders otherwise. Upon a showing by a pre42.56.565
(2010 Ed.)
42.56.580
ponderance of the evidence, the court may enjoin all or any
part of a request or requests. Based on the evidence, the court
may also enjoin, for a period of time the court deems reasonable, future requests by:
(a) The same requestor; or
(b) An entity owned or controlled in whole or in part by
the same requestor.
(4) An agency shall not be liable for penalties under
RCW 42.56.550(4) for any period during which an order
under this section is in effect, including during an appeal of
an order under this section, regardless of the outcome of the
appeal. [2009 c 10 § 1.]
Effective date—2009 c 10: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 20, 2009]." [2009 c 10 § 2.]
42.56.570 Explanatory pamphlet. (1) The attorney
general’s office shall publish, and update when appropriate, a
pamphlet, written in plain language, explaining this chapter.
(2) The attorney general, by February 1, 2006, shall
adopt by rule an advisory model rule for state and local agencies, as defined in RCW 42.56.010, addressing the following
subjects:
(a) Providing fullest assistance to requestors;
(b) Fulfilling large requests in the most efficient manner;
(c) Fulfilling requests for electronic records; and
(d) Any other issues pertaining to public disclosure as
determined by the attorney general.
(3) The attorney general, in his or her discretion, may
from time to time revise the model rule. [2007 c 197 § 8.
Prior: 2005 c 483 § 4; 2005 c 274 § 290; 1992 c 139 § 9. Formerly RCW 42.17.348.]
42.56.570
42.56.580 Public records officers. (1) Each state and
local agency shall appoint and publicly identify a public
records officer whose responsibility is to serve as a point of
contact for members of the public in requesting disclosure of
public records and to oversee the agency’s compliance with
the public records disclosure requirements of this chapter. A
state or local agency’s public records officer may appoint an
employee or official of another agency as its public records
officer.
(2) For state agencies, the name and contact information
of the agency’s public records officer to whom members of
the public may direct requests for disclosure of public records
and who will oversee the agency’s compliance with the public records disclosure requirements of this chapter shall be
published in the state register at the time of designation and
maintained thereafter on the code reviser web site for the
duration of the designation.
(3) For local agencies, the name and contact information
of the agency’s public records officer to whom members of
the public may direct requests for disclosure of public records
and who will oversee the agency’s compliance within the
public records disclosure requirements of this chapter shall
be made in a way reasonably calculated to provide notice to
the public, including posting at the local agency’s place of
business, posting on its internet site, or including in its publications. [2007 c 456 § 6; 2005 c 483 § 3. Formerly RCW
42.17.253.]
42.56.580
[Title 42 RCW—page 141]
42.56.590
Title 42 RCW: Public Officers and Agencies
42.56.590 Personal information—Notice of security
breaches. (1)(a) Any agency that owns or licenses computerized data that includes personal information shall disclose
any breach of the security of the system following discovery
or notification of the breach in the security of the data to any
resident of this state whose unencrypted personal information
was, or is reasonably believed to have been, acquired by an
unauthorized person. The disclosure shall be made in the
most expedient time possible and without unreasonable
delay, consistent with the legitimate needs of law enforcement, as provided in subsection (3) of this section, or any
measures necessary to determine the scope of the breach and
restore the reasonable integrity of the data system.
(b) For purposes of this section, "agency" means the
same as in RCW 42.56.010.
(2) Any agency that maintains computerized data that
includes personal information that the agency does not own
shall notify the owner or licensee of the information of any
breach of the security of the data immediately following discovery, if the personal information was, or is reasonably
believed to have been, acquired by an unauthorized person.
(3) The notification required by this section may be
delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law
enforcement agency determines that it will not compromise
the investigation.
(4) For purposes of this section, "breach of the security
of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or
integrity of personal information maintained by the agency.
Good faith acquisition of personal information by an
employee or agent of the agency for the purposes of the
agency is not a breach of the security of the system when the
personal information is not used or subject to further unauthorized disclosure.
(5) For purposes of this section, "personal information"
means an individual’s first name or first initial and last name
in combination with any one or more of the following data
elements, when either the name or the data elements are not
encrypted:
(a) Social security number;
(b) Driver’s license number or Washington identification
card number; or
(c) Account number or credit or debit card number, in
combination with any required security code, access code, or
password that would permit access to an individual’s financial account.
(6) For purposes of this section, "personal information"
does not include publicly available information that is lawfully made available to the general public from federal, state,
or local government records.
(7) For purposes of this section and except under subsection (8) of this section, notice may be provided by one of the
following methods:
(a) Written notice;
(b) Electronic notice, if the notice provided is consistent
with the provisions regarding electronic records and signatures set forth in 15 U.S.C. Sec. 7001; or
(c) Substitute notice, if the agency demonstrates that the
cost of providing notice would exceed two hundred fifty
42.56.590
[Title 42 RCW—page 142]
thousand dollars, or that the affected class of subject persons
to be notified exceeds five hundred thousand, or the agency
does not have sufficient contact information. Substitute
notice shall consist of all of the following:
(i) E-mail notice when the agency has an e-mail address
for the subject persons;
(ii) Conspicuous posting of the notice on the agency’s
web site page, if the agency maintains one; and
(iii) Notification to major statewide media.
(8) An agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with
the timing requirements of this section is in compliance with
the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a
breach of security of the system.
(9) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(10)(a) Any customer injured by a violation of this section may institute a civil action to recover damages.
(b) Any business that violates, proposes to violate, or has
violated this section may be enjoined.
(c) The rights and remedies available under this section
are cumulative to each other and to any other rights and remedies available under law.
(d) An agency shall not be required to disclose a technical breach of the security system that does not seem reasonably likely to subject customers to a risk of criminal activity.
[2007 c 197 § 9; 2005 c 368 § 1. Fo rmerly RCW
42.17.31922.]
Similar provision: RCW 19.255.010.
42.56.600 Mediation communications. Records of
mediation communications that are privileged under chapter
7.07 RCW are exempt from disclosure under this chapter.
[2006 c 209 § 15.]
42.56.600
42.56.610 Certain information from dairies and feedlots limited—Rules. The following information in plans,
records, and reports obtained by state and local agencies from
dairies, animal feeding operations, and concentrated animal
feeding operations, not required to apply for a national pollutant discharge elimination system permit is disclosable only in
ranges that provide meaningful information to the public
while ensuring confidentiality of business information
regarding: (1) Number of animals; (2) volume of livestock
nutrients generated; (3) number of acres covered by the plan
or used for land application of livestock nutrients; (4) livestock nutrients transferred to other persons; and (5) crop
yields. The department of agriculture shall adopt rules to
implement this section in consultation with affected state and
local agencies. [2 005 c 51 0 § 5. Form er ly RCW
42.17.31923.]
42.56.610
42.56.900 Purpose—2005 c 274 §§ 402-429. The purpose of sections 402 through 429 of this act is to reorganize
the public inspection and copying exemptions in RCW
42.17.310 through 42.17.31921 by creating smaller, discrete
code sections organized by subject matter. The legislature
does not intend that this act effectuate any substantive change
42.56.900
(2010 Ed.)
Public Records Act
42.56.904
to any public inspection and copying exemption in the
Revised Code of Washington. [2005 c 274 § 401.]
42.56.901 Part headings not law—2005 c 274. Part
headings used in this act are not any part of the law. [2005 c
274 § 501.]
42.56.901
42.56.902 Effective date—2005 c 274. This act takes
effect July 1, 2006. [2005 c 274 § 502.]
42.56.902
42.56.903 Effective date—2006 c 209. This act takes
effect July 1, 2006. [2006 c 209 § 17.]
42.56.903
42.56.904 Intent—2007 c 391. It is the intent of the
legislature to clarify that no reasonable construction of chapter 42.56 RCW has ever allowed attorney invoices to be withheld in their entirety by any public entity in a request for documents under that chapter. It is further the intent of the legislature that specific descriptions of work performed be
redacted only if they would reveal an attorney’s mental
impressions, actual legal advice, theories, or opinions, or are
otherwise exempt under chapter 391, Laws of 2007 or other
laws, with the burden upon the public entity to justify each
redaction and narrowly construe any exception to full disclosure. The legislature intends to clarify that the public’s interest in open, accountable government includes an accounting
of any expenditure of public resources, including through liability insurance, upon private legal counsel or private consultants. [2007 c 391 § 1.]
42.56.904
(2010 Ed.)
[Title 42 RCW—page 143]
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